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HomeMy WebLinkAbout594 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 27, 2004 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Pastor Ronald Scott, Restoration Outreach Center. 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 ® City Clerk: Louise Stilson 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation by McDonald's Inc. of Certificates of Recognition to participants of the McTutor Educational Program. Bonnie Temchuck, Assistant to the City Manager, gave an overview of the program that began last March with the help of Dr. Jane Greenburg from Turn Around Dania Beach, the City of Dania Beach, the Broward Sheriff's Office, Dania Elementary School, and the McDonald's Corporation. She stated that 15 children were chosen to participate in the tutoring program with a certified teacher, Student Resource Deputy, and Turn Around Dania Beach volunteers, Merita Mitchell and Sophie Steele. She stressed that the program was a success in both academics and behavior modification. Ronald McDonald, from the McDonald's Corporation, and Chief Cowart, of the Broward Sheriff's Office, presented awards to the following children who participated in the program. Esteban Guzman, Julie Overcash, Deandre Henderson, Deaundra Henderson, Aaliyah Spatofara, Anisa Knowles, Sashae Pompey, Kimberly Pacheco, Jessenia Pacheco, Billy Cowan, Laquasha Henderson, Lisa Degracia and Iris Caro. of MINUTES 1 APRIL 27, 2004 CITY OF DANIA BEACH Chief Cowart indicated that because of the success of the program, they looked to expand it to ® a longer time frame and to other schools. Ronald McDonald thanked the parents for being involved in their children's education and presented the Mayor with an official Hamburger Flipper hat. Vice-Mayor Mikes requested everyone involved come to the front and have a group photo taken. City Attorney Ansbro noted that Commissioner Anton was instrumental in instituting the program. Commissioner Anton stated that he had observed the program first-hand and felt the work they did was phenomenal. He commented they were in the process of applying for a federal grant to aid 90 children in the community, and he thanked everyone who participated. 4.2 Special recognition to Private First Class Junior Telfort, Alpha Company First 124th Florida National Guard 53rd Infantry Brigade, on his return from Iraq. (Mary McDonald, Director of Human Resources and Risk Management) Mary McDonald, Director of Human Resources and Risk Management, remarked that Junior Telfort was acknowledged last year when he left for Iraq. She noted that he served in Iraq for 16 months and was stationed in one of the most dangerous areas. She stressed that all were happy and proud to have him back and thanked him for his sacrifice. City Manager Pato advised that Junior was a City employee. ® Junior Telfort remarked that he was glad to be back. Commissioner Chunn expressed his love for the soldier. Commissioner Anton agreed and asked for a moment of silence for Nathan Bruckenthal, a Dania Beach Coast Guardsman, who was killed in Iraq. He noted that his pregnant wife lives in Dania Beach. Gary Garofalo, American Legion, recognized Junior and others who have given themselves for our freedom. He noted that our freedom was precious. He stressed that Nathan gave the ultimate sacrifice for our freedom. .He gave a reading entitled "Freedom Isn't Free" and thanked everyone for their service. He saluted Junior and others who have given their lives for our freedom. Moment of silence. 4.3 Presentation of Certificate of Appreciation to Lisa Young. (Mehgan Heaps, Parks and Recreation Department) Mehgan Heaps, Parks and Recreation Department, presented a certificate to Lisa Young for her tireless efforts and dedication in making the Spring Celebration a success. Lisa Young thanked everyone on behalf of the Dania Heights Civic Association for their participation and noted that they were proud to present this event each year. MINUTES 2 APRIL 27, 2004 CITY OF DANIA BEACH 4.4 Presentation of Certificate of Appreciation to Laurence Leeds, Director of Community Development, for his relentless efforts in creating the City's First Community Redevelopment Program. (City Manager) City Manager Pato played a short audio tape of the Broward County Commission meeting where the CRA district was approved. He felt it was important for all to hear the dialogue with the County because it was not the common dialogue the City had with the County. City Manager Pato presented a certificate to Larry Leeds for his relentless efforts in creating the City's First CRA Program and thanked him for a job well done. Laurence Leeds, Director of Community Development, remarked that the city had started thinking about a CRA 10 years ago. He felt the CRA would have made Downtown clean, safe and attractive. He noted that a viable downtown was needed in order to have a viable City. He thanked City Manager Pato for walking with him through the halls at the County and he also thanked the city residents and the Commission. Vice-Mayor Mikes remarked that this was a different type of CRA that did not receive its financing from TIF funds. He noted that it was a loan from the County that needed to be repaid. He commented on the way the County had mistreated the City in its efforts during the original CRA request. Commissioner Flury congratulated Director Leeds and City Manager Pato for their hard work. She noted the extraordinary accomplishment this was and hoped that the City could make this work. She stressed that the pressure was now on the Commission to go forward and define the • first project and did not want to "drag our feet" as the County had done. Commissioner Anton congratulated Director Leeds, his staff, and the City Manager. He, too, believed the City was being punished for the Commission's stance on the airport and hoped to move forward quickly. 4.5 Employee Recognition Program "General Employee of the Month" Award for March, 2004: Mary McDonald, presented Kathy Van Noorden with a plaque, a city shirt, and a check for the extraordinary job she had done in working for the City over the past five months. She noted Ms. Van Noorden's joyful attitude and willingness to volunteer. 4.6 Presentation by Broward County Aviation Department to provide information on Outreach Center. (Diana Lewis, Director of Planning and Development) Diana Lewis, Director of Planning and Development, introduced David Bjorneboe from Broward County. David Bjorneboe, Broward County's Runway Implementation Plan Coordinator, reported that the County was in the process of opening an outreach facility located at 550 NW 10th Street on Griffin Road just west of the FEC railroad tracks. He explained that the facility was to be staffed by a full-time County employee with administrative staff and that the facility was to be opened weekdays 8:00 am — 5:00 pm, as well as flexible hours in the evenings and Saturdays. He expected the facility to open in mid-May and they expected to provide information on the impact statement, part 150 issues, and anything related to the airport runway expansion program. MINUTES 3 APRIL 27, 2004 CITY OF DANIA BEACH • In response to Commissioner Anton's question, Mr. Bjorneboe stated that they provided information as it became available including noise contours and technical data that the public wanted to see. He clarified that the administrative staff person had experience in outreach and public involvement dealing strictly with the airport issues as they pertained to all areas of the County. He noted for Commissioner Anton that they were not dealing with acquisition of real estate. Commissioner Flury confirmed with Mr. Bjorneboe that there would be at least two employees in the facility and clarified that one was secretarial and the other was a public relations person. Commissioner Flury requested that the Commission see any structured presentation before the public and asked what would happen if someone asked them to purchase their house. Mr. Bjorneboe noted that the resident would be told that they could not answer that question at this time and that those answers would be addressed as the information became available during the process. In response to Vice-Mayor Mikes' questions, Mr. Bjorneboe noted that they planned to be in this location for many years. He responded there were no real estate dealings in that facility and they were in the process of obtaining sound study consultants to provide answers to those types of questions in the future. Anne Castro, president of the Melaleuca Gardens Homeowners Association, remarked that they had met with four County Commissioners and noted that they were given four different ideas as to what would happen to the area. She stated that according to the engineer reports, there needed to be an enormous amount of fill brought into the area, and she also noted safety concerns, delays in the taxi-way structure, and security issues. She wanted to know why their homes were being taken away for a runway that was going to be restricted from the very beginning. She stated that the people wanted to see the contour, how many jets, and how often, etc. She cautioned the County staff against giving advice to residents about selling their homes. She noted the residents were not going to share information with the County; they did not trust County employees on these issues. She also wanted to know if there were any plans for a marina. Vice-Mayor Mikes requested that Mr. Bjorneboe return to the Commission periodically to keep them informed of new developments. Mr. Bjorneboe responded that he would be happy to come back and answer questions in the future. Commissioner Flury noted the depth of knowledge that the community had with this issue and cautioned the County not to have someone working in the facility that was being trained on the job. She also asked Mr. Bjorneboe to return to the Commission with reports. Vice-Mayor Mikes commented that rumors needed to be properly disposed of as soon as possible and the truth brought out. He reiterated the need for regular visits. Mayor McElyea announced that there was an electrical problem with the light board and asked Commissioners to wave at him if they wanted to speak. In response to Commissioner Chunn's question, Mr. Bjorneboe promised to get the Commission ® and the community answers to their questions as soon as the information became available. He MINUTES 4 APRIL 27, 2004 CITY OF DANIA BEACH noted that the studies were just getting underway and they did not have all the answers at this ® point. In response to City Manager Pato's question, Mr. Bjorneboe responded that a log would be kept of people who visited the facility and it was to become public record. 4.7 Presentation of Renderings of the Pier Restaurant by Borrelli & Associates Architects. Ken Koch, Building Official, introduced Bonnie Temchuk (at the keyboard), and Stewart Grant, from Borrelli and Associates. He presented the architectural renderings of the Pier Restaurant that the Commission had requested. He noted that it was a one-story building and the lower half was to be constructed of CBS and that the remaining walls were impact-resistant glass. He explained that they had proposed a wood-trussed roof with standing seam metal. He noted that the elevator and stairs had designs incorporated that included the City of Dania Beach Logo and perhaps a nautical theme engraved in the stucco. He reported that they considered building an open deck on the west side that enhanced the outside appearance and allowed for a smoking section. He reported the east end was open for a casual, outside dining area and was also a designated smoking area. He reported that the design provided 240 seats with a full liquor license. He noted the bait shop and pier access area, open covered area with shades for inclement weather, and stated the possibility of a nautical design. He noted that the colors were open to the decision of the Commission. Vice-Mayor Mikes felt windows needed to be installed on the north and east sides of the building facing the beach area for visibility of employees and lifeguards. He liked the idea of a nautical treatment on the concrete. In response to Commissioner Anton's question about whether or not the tenant had been advised of the design, Building Official Koch responded that they had many meetings with them and had worked around their requirements. Commissioner Anton complimented Staff on the design of the building and agreed that windows needed to be added. Vice-Mayor Mikes suggested contacting FAU to see if they wanted some conduit installed at the end of the pier for future needs. Ken Koch reserved comment on the cost and stated that they were working to keep the project within budget. In response to Vice-Mayor Mikes' question, City Manager Pato responded that they would have security cameras installed and noted the restrictions of lighting because of being in the coastal area. He reported that he had met with the operators of the restaurant and they were anxious to see the one-story design and had adjusted their marketing plan. Ken Koch remarked that the design was suited for the current needs, but was very adaptable for any future use by others. rThe Commission consensus was to move forward with the project. MINUTES 5 APRIL 27, 2004 CITY OF DANIA BEACH 5. PROCLAMATIONS: 5.1 A Proclamation declaring April 30, 2004, as "Arbor Day" in the City of Dania Beach. 5.2 A Proclamation declaring the month of May as "Civility Month" in the City of Dania Beach. 5.3 A Proclamation declaring May 22, 2004, as "National Maritime Day" in the City of Dania Beach. 6. CITIZENS' COMMENTS: 6.1 Vito Mancino, Dania Beach, remarked about a problem with signage and noted that visitors coming to Dania Beach for the first time could not find their way around. He stated that there were no signs to direct people to where the pier, the beach, I.T. Parker, City Hall, or the Commission Chambers were located, as well as, Bass Pro Shops, the Fishing Museum, and Graves Museum. He stated that there used to be a sign that directed people to the beach, but it was no longer there. He noted that signs were very important to the City of Dania Beach. 6.2 Teddie Bohanan, 312 SW 15th Street, stated they had a bad problem with garbage and cars a few weeks ago and thanked Chief Cowart, BSO, for all the efforts he and his men put into the SW area. She noted that drug dealers recognized there was a problem right now. She thanked City Manager Pato, Commissioner Anton, and Vice-Mayor Mikes for their assistance. 6.3 Gary Luedtke remarked that the design for the pier looked tremendous. He suggested that Wyling, the artist who does the whaling murals, might be interested in doing a mural on the south side elevator shaft. ITEMS PULLED FROM THE CONSENT AGENDA: VICE-MAYOR MIKES PULLED ITEMS 7.4 & 7.6. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: -Approval of minutes for Regular Meeting of March 23, 2004. 7.2 Travel Expenditures: Request by Frank Crandon, Chief Electrical Inspector and James Savage, Building Inspector, to attend BOAF Association of Florida Conference in St. Augustine, Florida, June 6 — 9, 2004 for certification purposes. (Estimated total cost: $1,157.45 each) 7.3 Bills: NONE Resolutions — 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INVOKING ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING AMENDING ITS LAND DEVELOPMENT . REGULATIONS TO CONSIDER AMENDMENTS TO THE REGULATION OF USES IN THE COMMUNITY REDEVELOPMENT AREA AND WITHIN ONE MINUTES 6 APRIL 27, 2004 CITY OF DANIA BEACH HALF MILE ADJACENT TO THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR POSTING OF NOTICE; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES — TITLE TO BE READ BY CITY ATTORNEY— 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-5 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW RULES PERTAINING TO THE COMPOSITION AND DUTIES OF CIVIL SERVICE BOARD; ESTABLISHING AN APPELLATE PROCEDURE FOR HEARINGS BEFORE THE BOARD; ESTABLISHING AN ADMINISTRATIVE CODE PERTAINING TO EMPLOYEE BENEFITS AND WORK-RELATED MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance by title. A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to adopt the Consent Agenda with the exception of Items 7.4 and 7.6. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes ITEMS PULLED FROM THE CONSENT AGENDA: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING CONGRESS TO REJECT EFFORTS TO END OR LIMIT THE FEDERAL GOVERNMENT'S ROLE IN THE NOURISHMENT OF U.S. BEACHES; AUTHORIZING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO APPROPRIATE MEMBERS OF THE U.S. HOUSE AND SENATE; AND, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes explained that Dania Beach and Hollywood beaches were suffering from a barrier that had been installed by Fort Lauderdale to protect its beaches. He stated that the City had a lease arrangement with FAU to take over the old Sea Fair project and stated that he asked their lobbyist to look into the issue of reacquiring some of the parking areas that the University did not need. He explained that this resolution requested more money from federal agencies and that it looked hopeful. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Anton, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes—yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes ® 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) 12X12 METAL ROOF MINUTES 7 APRIL 27, 2004 CITY OF DANIA BEACH PAVILIONS AND ONE (1) 16X24 METAL ROOF PAVILION INCLUDING ALL NECESSARY FRAMING AND CONCRETE FOOTING; PICNIC TABLES, GRILLS, TRASH CONTAINERS; BENCHES IN AN AMOUNT NOT TO EXCEED $65,000.00 FROM CONTRACT CONNECTIONS INC., UNDER ST. JOHN'S COUNTY CONTRACT NO. 03-43; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes asked if concrete benches were more appropriate than portable benches for this project so that Staff would not have to check on them every morning. Bonnie Temchuk, Assistant to the City Manager, stated that in C.W. Thomas Park in conjunction with this CDBG grant, improvements were included such as security lighting and ADA accessible picnic tables located inside the pavilion. She explained that the tables were to be attached to the pavilion, which was set in a concrete base. She noted that these items were just what the residents had requested. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner 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: 9.1 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. (SECONG READING) City Attorney Ansbro read the title of the Ordinance. 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. Vice-Mayor Mikes commented that these two ordinances gave the City power to see that County-acquired property within residential areas were properly maintained. The motion passed on the following 5-0 roll call vote: MINUTES 8 APRIL 27, 2004 CITY OF DANIA BEACH Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. 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: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes ® Commissioner Flury —yes 9.2 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Corinne Church, Principal Planner, Community Development Department, advised that an interlocal agreement had been made with the School Board on May 20, 2003 as required by the Florida State Statute. She stated that the Charter needed to be amended to provide for a School Board member to sit on the Planning and Zoning Board whenever there was a zoning change that effected School Board issues. She noted that the School Board member served as an ex-officio member and did not have voting privileges. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. MINUTES 9 APRIL 27, 2004 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: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes At this time, City Attorney Ansbro advised that the next two 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. Continued from April 13, 2004 Commission Meeting 9.3 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) 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. Laurence Leeds, Director of Community Development, outlined the history of this resolution from the last meeting. He stated that staff recommended a 12.5' variance, which was consistent with others allowed in the area and noted that the Commission had directed them to meet with concerned parties to work out a compromise agreement. Mayor McElyea opened the public hearing. Billie Phipps, 946 Nautilus Isle, stated that her property was adjacent to Mr. Lemaire's property. She pleaded to keep the quality of her lifestyle and to stop the encroachment into the waterway. She noted that there was a new ordinance in place and felt that it should be enforced. She did not consider this proposal an extraordinary circumstance and objected not only to the 17.5' variance request, but also the staff's 12.5' recommendation. She stated that if there were a compromise, she suggested putting the boatlift and dock in the middle of the owner's lot instead of next to her lot where it blocked her view. She urged the Commission to consider her point of view and deny the variance. Kathy Cappy, 942 Nautilus Isle, was opposed to granting of the variance and felt that all the structures out into the canal were unsightly. She did not understand why the Commission set limits and then granted variances to violate their own regulations. MINUTES 10 APRIL 27, 2004 CITY OF DANIA BEACH City Attorney Ansbro swore in Mr. Lemaire and Mr. Morrison who had just arrived. Michael Morrison, representing the applicant as both the builder and as a neighbor, reminded the Commission that he specialized in marine construction. He stated that he understood the neighbors' concerns, but pointed out that there was a legal structure there that needed replacement. He noted that Mr. Lemaire was a part-time resident of Dania Beach and preferred to keep his boat out of the water for security reasons. He reported that the current boat dock extended 14' and showed drawings to the Commissioners of the current condition of the property and from the neighbor's point of view. He noted how the proposed dock provided a better view for the neighbor and stated that they had proposed to move the dock a few feet away from her property line to give her a better view. Director Leeds clarified for Commissioner Flury that six-foot fences were currently allowed in the back yards of this neighborhood. In response to Vice-Mayor Mikes' question, Director Leeds responded that his department currently had not allowed fences to extend beyond the docks, but stated that it was allowed in the past. He noted that if it was happening, people needed to report it to the City by calling (954) 924-3646. Mr. Morrison continued by stating that the requested variance was consistent with what was going on in the neighborhood. He noted that there were eight or nine boatlifts in the canal, many of which were identical to the one proposed. He felt the project was in good taste and that it came with a ten-year warrantee. He reported that Mr. Lemaire's property was well-kept and asked the Commissioners to consider this request. He noted that there was plenty of room ® for navigation. He clarified for Commissioner Anton that there was currently a 20' dock. Commissioner Anton was familiar with boats, lifts, and variance requests and felt he was more inclined to approve the request if the lift was installed where it was before (off of the wall). Commissioner Flury confirmed that the new lift extended three more feet than the current lift. Mr. Morrison clarified for Commissioner Anton that the failed dock stuck out 12' and showed a photograph of the complaining neighbor's lift that was identical to the one Mr. Lemaire proposed. He noted that the reason for the variance request was due to the accessibility difficulty created by the location of a hedgerow and pool. Director Leeds reiterated that the proposal was for a new five-foot dock and a boatlift that extended 12.5' beyond the dock. He noted the difference between the proposal and staff recommendation was the width of the dock. In response to Commissioner Flury's question, Mr. Morrison stated that the lift could be placed closer to the middle of the property and noted that the reason they had not requested that, was because of the location of the pilings. Mr. Morrison clarified that the permit he requested was for an additional 27' dock onto an existing 20' dock, making the total 47' on a 60' lot. Mr. Morrison stated that the dock was not the full length of the property and noted that the • drawings were conflicting. MINUTES 11 APRIL 27, 2004 CITY OF DANIA BEACH Vice-Mayor Mikes summarized that the Planning and Zoning Board and staff had looked at this and noted that it was a variance to put private construction into a public waterway. He felt that under the circumstances, a minimum variance was appropriate and felt the boatlift did not need to be extended that far out into the canal. He suggested following the Planning and Zoning Board's recommendation that approved the 12.5' variance in the middle of the lot. He felt people should not be allowed to extend their property claims into public lands. Fay Bartelmes, 214 SW 2"d Terrace, felt that the fence should be lowered so the neighbor could have her view and that Mr. Lemaire could have his lift as the Planning & Zoning Board had recommended. She said she liked Canadians and wanted them to come to Florida with lots of money. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. Mr. Morrison noted that he had obtained 27 signatures from neighbors who had no objections. Mayor McElyea felt that boatlifts were not necessary and that boats belonged in the water. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Flury, to approve the variance to allow the boat lift to extend 12.5' beyond the property line as recommended by the Planning & Zoning Board and added the following conditions: 1) galvanized metal attachments be on the sides, not front and back of pilings; 2) lift be centered on the lot; and 3) no fences are to be constructed on the dock. The motion passed on 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes 9.4 VA-03-04 —A Variance request by Pastor Juan G. Cuevas, Maranatha House Ministries, to operate retail and assembly room uses located at 56 N. Federal Highway, with 25 parking spaces (53 parking spaces required). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY PASTOR JUAN G. CUEVAS, REPRESENTING MARANATHA HOUSE MINISTRIES, FROM CHAPTER 28, ARTICLE 6, "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 56 NORTH FEDERAL HIGHWAY, 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, described the property location as 56 N Federal Highway and stated that the applicant was using 3000 square feet of retail space on the first floor of the building for an assembly room. He noted that the church commenced operation without City approval and had been cited for the violation of the parking ordinance. He noted that in August of 2002, the Commission granted a parking appeal that allowed a playhouse in the same location as the church and noted that the assembly portion of both the playhouse and the church was identical, He noted a condition of the parking appeal had been limited to the previous business and did not apply to the present situation even though the use was the same. The churches parking demand was 53 spaces and only 25 were available on site, which MINUTES 12 APRIL 27, 2004 CITY OF DANIA BEACH required a variance of more than 50 percent. He noted that churches were permitted in C-3 • zoning districts and stated that this was not a zoning issue. He stated that staff recommended that the assembly room use be limited to the following hours: after 7:00 pm Monday—Saturday and anytime on Sunday. He reported that they had asked the applicant to provide a unity of title that tied together any parcels associated with 56 N. Federal Highway and another parcel of land at 28 N. Federal Highway. He stated that both properties were needed to provide the minimal amount of parking to address the use. He stated that if the unity of title was not completed and recorded within 60 days then the assembly room activities must cease. Director Leeds reported that the Planning and Zoning Board recommended the same hours of operation, but did not include the recommendation regarding the unity of title. Mayor McElyea opened the public hearing. Benjamin Wolf, owner of Dania Plaza, stated that he had been involved with the City for many years. He noted that he was a past-president of the Main Street Organization and commended the City on the establishment of the CRA. He was happy with the pier project as well. He stated that he was here with Pastor Cuevas and had applied for the variance that had been granted to the previous tenants a year ago. He stated that they were one of the few businesses with parking along Federal Highway and outlined arrangements that had been made with another business for overflow parking if the need arose. He noted that the church did not conflict with any of the other existing tenants. He felt that the church benefited Dania Beach and that was why he had leased to them. Pastor Juan Cuevas stated that he had leased the building in the beginning of January and had just begun the congregation currently of 10 members. He stated that he was interested in the ® matters of people and noted that he had not asked for any building permits. He noted that the only request they made was for parking and reported that some of the current members walked to church. He reiterated that there was no conflict with current uses of the building Fay Bartelmes, 214 SW 2"d Terrace, was concerned that storefront churches would not be paying any taxes. City Attorney Ansbro confirmed that no taxes were paid. Ms. Bartelmes was not against the church, but felt that the City of Dania Beach did not benefit from a situation where no taxes were collected. Mr. Wolf was not familiar with the article, but stated that the property owner was not exempt from paying the property taxes even though they leased a portion of the building to a non-profit organization. If the church had owned the property then it would be tax exempt, but that was not the case. Patty Hart, NE Dania Beach, was also part of Main Street at the very beginning and was happy to see businesses moving into the Downtown area. She felt that the church benefited the City by drawing people to the Downtown area in the evenings. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. Commissioner Flury stated that this was the second variance of this type that the Commission had addressed and noted that she opposed both of them. She stated that she had seen the article and noted that these store-front churches proliferated rapidly. She was concerned that MINUTES 13 APRIL 27, 2004 CITY OF DANIA BEACH 20 to 30 storefront churches were not economically feasible to the City. She suggested that ® several churches get together to rent an empty church facility on Federal Highway. She was opposed to granting the variance and felt it was time to stop it. Vice-Mayor Mikes felt the item needed to be tabled until the zoning in progress was resolved. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Flury, to continue the item to the next regular meeting to see if zoning in progress applied. Commissioner Chunn confirmed that they would still be able to meet until the situation was resolved. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn—yes Mayor McElyea —yes Commissioner Flury —yes 10. COMMISSION COMMENTS: 10.1 Commissioner Anton stated that he was not going to Denmark and since the tickets were not refundable, he would refund the City for the cost. 10.2 Commissioner Chunn thanked God for His kindness and thanked Ms. Donelly and ABC Thrift for helping those less fortunate. He also noted that other cities in the area had been approved several grants and felt Dania Beach should be able to tap into these types of resources, especially in regards to the beach restoration that Vice-Mayor Mikes had talked about earlier. 10.3 Commissioner Flury felt the rezoning of Sheridan Street between US 1 and the railroad tracks needed to move forward because it looked terrible. Laurence Leeds, Director of Community Development, stated that he had sent a memo to Commissioners stating that the entire block of Sheridan Street from US 1 to Dixie Highway could be rezoned to a residential/office designation. He noted that there were two issues: an office could not be built on just one lot; and parking provided on the second lot with vehicle exiting onto the rear alley. He stated he would devise an ordinance and have it taken to the Planning & Zoning Board. The Commission wanted to see the draft before it was presented to the Planning & Zoning Board. Commissioner Flury further commented that she wanted to see an ordinance that required newsstands on public property to be the same color. Director Leeds agreed to meet with the City Attorney to deal with the issue. He noted past practice had been to notify newspaper companies and pick up newsstands. City Attorney Ansbro confirmed this was the proper procedure. He suggested calling a courtesy meeting with newspapers to address the issue. MINUTES 14 APRIL 27, 2004 CITY OF DANIA BEACH 10.4 Vice-Mayor Mikes stated that there was a problem with the signage on the east side of • the I.T. Parker Center entrance. He noted that boats and trailers were being parked on the entry road. He suggested that the sign be repainted or an additional be installed. Fernando Vazquez, Director of Public Services, agreed to take care of it. Vice-Mayor Mikes felt that signage needed to be installed at the fork of Old and New Griffin Roads near 1-95. He also felt that Mr. Bjorneboe, from the Airport Expansion, needed to address the Commission on a regular basis in order to eliminate rumors. He felt that new refrigerator magnets needed to be provided with phone and e-mail numbers for airport noise complaints. He stated that since budget time was approaching, it was time to survey the amount of property that were off the tax rolls of the City and look at Greenbelt Agricultural Exemptions. Vice-Mayor Mikes stated that he had favored CRA plan funded through TIF, but noted that the County was not favorable to that. 10.5 Mayor McElyea complimented Vice-Mayor Mikes for representing him during his illness. Mayor McElyea reported that he had represented the City during Fleet Week and noted that he had presented the Key to the City to the Fleet Admiral. He also suggested that the vacant Methodist Church be turned into a much-needed library for the City. He noted that remodeling prohibited it from being an historical site, but he hated to see ® the building demolished. 11. DISCUSSION AND POSSIBLE ACTION: NONE 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". NONE 12.2 Appointment of 2 members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE "MARINE 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 12.3 Appointment of 2 members to the Parks, Recreation & Community Advisory Board. MINUTES 15 APRIL 27, 2004 CITY OF DANIA BEACH ® "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 12.4 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 13. ADMINISTRATIVE REPORTS: 13.1 City Manager noted that the next Commission Meeting was moved to May 12, 2004. He asked City Attorney Ansbro to update the Commission on Nelson Lake. 13.2 City Attorney referred to the Nelson Lake area located west of City Hall near the water plant. He stated that Tim Ryan's office confirmed that the homeowners were responsible for the maintenance of it. He stated that since there seemed to be some confusion as to the property lines, he supported conducting surveys before code enforcement was initiated. He noted that the residents might be eligible for a stormwater fee reduction of 80 percent. He noted that he would not be able to attend the Special EAR Comprehensive Plan meeting tomorrow night but would have a competent replacement provided. 13.3 City Clerk— Meeting Reminder: April 28, 2004 @ 6:00 p.m. - Special Meeting EAR Comprehensive Plan April 29, 2004 @ 7:00 p.m. - Charter Review Board Meeting. 14. ADJOURNMENT The meeting adjourned at 9:47 p.m. � C.K. MCELYEW MAYOR-COMMISSIONER AT EST: LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino ® APPROVED: May 12, 2004 MINUTES 16 APRIL 27, 2004 CITY OF DANIA BEACH