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HomeMy WebLinkAbout596 - MINUTES - City Commission MINUTES ® DANIA BEACH CITY COMMISSION REGULAR MEETING MAY 12, 2004 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Dr. Carl Branker, True Bread Worship 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 of Certificate of Appreciation to Genie Wexler for her set-up and involvement in "Dental Day" at the C.W. Thomas After School Program. Mehgan Heaps, Parks and Recreation Department, presented Genie Wexler with the certificate. Genie Wexler, sponsored by Crest, noted that Commissioner Chunn had brought to her attention the need for the dental program and indicated the success of the program that took place two weeks ago. She thanked all for the opportunity to work with the kids and suggested the possibility of providing more services in the future. Commissioner Chunn asked Ms. Wexler if there were kids who needed dental care. Genie Wexler stated that they had seen almost 65 children and had arranged for all the children to be seen by a dentist at the Broward Community College Dental Clinic for x- rays, cleaning, and oral hygiene training. 4.2 Request by Kurt Ely, Chairman, I.T. Parker Community Advisory Board, to charge a flat rental fee of $350.00 for the use of I.T. Parker Center by Main Street, Inc., to hold the Antique Show July 8- 11, 2004. MINUTES 1 MAY 12, 2004 CITY OF DANIA BEACH Kurt Ely, I.T. Parker Community Advisory Board Chairman, reported that the Advisory Board had worked with staff and determined that the out-of-pocket cost to the City for staff and utilities for use of the Center for the Antique Show was $350. He noted that the use by the Antique Car Show was unique because it involved a longer period of time, but indicated that they set up and took down their equipment themselves. He confirmed for Vice-Mayor Mikes that the Advisory Board recommended the $350.00 flat fee. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to approve the $350.00 flat rental fee to hold the Antique Show at the I.T. Parker Center on July 8-11, 2004. Mayor McElyea stated his opposition to the recommendation because it was inconsistent with other organizations' usage of the facility. Vice-Mayor Mikes stated that his approval was based on the Advisory Board's recommendation. The motion passed on the following 4-1 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea — no Commissioner Flury —yes ® 5. PROCLAMATIONS: NONE 6. CITIZENS' COMMENTS: 6.1 George Jason, 4549 SW 37th Avenue, congratulated the Parks & Recreation Department on what they were doing to provide opportunities for the community and felt the City was working in the right direction. He also felt the City should consider budgeting the cost of operating I.T. Parker Center in order to have the fee waived for service organizations that worked for the benefit of the City. 6.2 Bob Kriske, 4370 SW 51s' Street, and Edward Hall, 4385 SW 515t Street, stated the speeding problem that was originally created by the Auto Auction and now compounded by the opening of Hard Rock Cafe. Mr. Hall mentioned that his handicap condition and Mr. Kriske's age prevented them from going door-to-door in the neighborhood to solicit signatures. Mr. Hall noted that since there was no local park, the children often played in the street. He wanted something done before someone was killed. City Manager Pato stated the situation would be assessed and noted that the proper traffic studies were being done. He promised to have the situation looked into the next day and assured them that BSO was working on the problem. He also explained the trend to move away from speed humps while assuring residents that the proper steps would be taken. ® Commissioner Flury recognized that BSO and the Fire Department needed to look at this and noted that there could be an exception in the procedure of obtaining resident's MINUTES 2 MAY 12, 2004 CITY OF DANIA BEACH ® signatures when the police and fire determined an unsafe area. She felt it was useless for BSO to put the speed machine out there, and recommended finding another way to assess the problem. She noted that evenings and weekends needed to be considered in addition to the morning and daytime hours. Vice-Mayor Mikes explained the purpose of neighborhood petitions was to make sure of a consensus in the neighborhoods. He noted that although this situation involved traffic safety and peoples' lives, it was important to have community support. He assured residents that the City Manager would have the situation dealt with and felt the sooner the community impact was determined, the better. Commissioner Anton questioned whether or not a four way stop could be installed on 43`d Terrace and suggested forwarding recommendations to the County. Mr. Hall was concerned that in order to get results someone had to die first. Bryan Cowart, BSO Police Chief, stated that they had done a traffic count last year, but since the opening of Hard Rock Cafe, it was no longer accurate. He assured the Commission that they would begin immediately to have the situation assessed. City Manager Pato stated that the County wanted a traffic study and they needed time to conduct it. He noted that it was a high priority issue and reported how the Hard Rock Cafe opening was already impacting the community. ® Commissioner Chunn felt that the City would not find people disagreeing with Mr. Hall and noted that residents had been complaining for some time. Commissioner Flury would like to look at more creative uses of speed humps as traffic calming devices, such as in Hallandale. She had seen differeht types of devices that did not interfere with emergency vehicles. City Manager Pato agreed with Commissioner Flury and noted that there were options such as what he had seen in Denmark. 6.3 John Etling, Main Street Executive Director, appreciated the I.T. Parker Board's cooperation with the previous action (Item 4.2) and noted Main Street absorbed the Kiwanis Club's costs. He announced the Art Show on display at City Hall and also noted that the Taste of Dania Beach was to be held Friday, May 21, 2004. He further informed the public that Saturday was clean up at the beach and the Centennial Cruise Night celebration hosted by the Parks and Recreation Department will be on Saturday, Mary 22, 2004, from 6:00-10:00 p.m. He commended the cooperative spirit of the Parks and Recreation Department in arranging for the Eighth Annual Antique Show and other events. ITEMS PULLED FROM THE CONSENT AGENDA: NONE 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: ® - Approval of minutes for Special Meeting of April 27, 2004 - Approval of minutes for Regular Meeting of April 27, 2004 MINUTES 3 MAY 12, 2004 CITY OF DANIA BEACH ® - Approval of minutes for Special Meeting of April 28, 2004 7.2 Travel Expenditures: Request by Cary Tullos and Gary Phaneuf, Code Enforcement Inspectors, to attend FACE Conference and Training Seminar in Orlando, Florida, June 16-19, 2004 for certification purposes. (Estimated total cost: $749.03 each) 7.3 Bills: NONE Resolutions — 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION FOR $92,483 FOR PRE-CONSTRUCTION ACTIVITES ASSOCIATED WITH STORMWATER PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION FOR $117,780 FOR PRE-CONSTRUCTION ACTIVITES ASSOCIATED WITH LIFT STATIONS AND INFILTRATION ON THE WASTEWATER SYSTEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2004 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2004 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. ® 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2004 AMENDMENT TO THE INTERLOCAL MINUTES 4 MAY 12, 2004 CITY OF DANIA BEACH AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF ® DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2004 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR AN EXTENSION OF THE LEVY OF ONE CENT GAS TAX THROUGH DECEMBER 31, 2029 TO PROVIDE A "DEDICATED" REVENUE SOURCE FOR HOMELESS ASSISTANCE PROGRAMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHILDREN'S SERVICES PROGRAMS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO A CONTRACT FOR SERVICES EXISTING BETWEEN THE CITY AND AFTER SCHOOL PROGRAM, INC. ("ASP") TO PROVIDE FOR ADDITIONAL STAFFING AND INCREASED PAYMENT TO ASP FOR THE M.O.S.T. 2003-2004 PROGRAM; AUTHORIZING ADDITIONAL STAFFING AND INCREASING PAYMENT TO ASP FOR THE SUMMER CHALLENGE 2004 GRANT PROGRAM; AMENDING RESOLUTION NO. 2004-069 TO REFLECT THE ADDITIONAL STAFFING AND INCREASED PAYMENT TO ASP FOR THE M.O.S.T. 2004-2005 PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY— NONE A motion was made by Vice-Mayor Mikes, seconded by Anton, to adopt the Consent Agenda. 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 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. (SECOND READING) MINUTES 5 MAY 12, 2004 CITY OF DANIA BEACH City Attorney Ansbro read the title of the Ordinance. Mayor McElyea opened the public hearing. Kurt Ely, SW 1st Avenue and Chairman of the Civil Service Board, clarified that if this ordinance passed, the board that he represented would no longer exist and the Commissioners had to have new appointments made. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. City Attorney Ansbro noted for the Commission that there were a couple of replacement pages that needed to be substituted. 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 At,this time, City Attorney Ansbro advised that all the following 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 27, 2004 Commission Meeting 9.2 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. Laurence Leeds, Director of Community Development, explained that this item was previously heard on April 27, 2004, and was continued to this meeting. He noted that staff recommendation remained the same and was consistent with the previous approval given to this property as a playhouse. He noted the conditions outlined in the staff recommendation concerning hours of operation and parking requirements. • Mayor McElyea opened the public hearing. MINUTES 6 MAY 12, 2004 CITY OF DANIA BEACH City Attorney Ansbro clarified that Zoning in Progress did not apply to this usage because the application was filed prior to that Resolution. Rev. Juan Cuevas, Maranatha House Ministries, stated that he had been trying to have this issue resolved for the past five months and noted his desire to work out an agreement. He explained that the original request was for a variance of the parking spaces because only about 10 people had attended services and noted that some came by foot. He reported that he had a two-year lease with the owner and assured the Commission that when they outgrew the facility they would move. Rev. Cuevas stated that he did not understand why anyone objected to the church. He noted that there were four bars and liquor stores in the area, as well as a Fetish Box establishment, and felt that residents would rather see people walking to church than to promote bums, drug addicts, and prostitutes. He suggested that if churches were not wanted in the area, perhaps the zoning needed to be changed to discourage other churches from making these requests. . He stated that the people of the churches prayed for the Commissioners to have wisdom and felt that God was needed in the City. Tamara Wall, 25 N Federal Highway, supported the church and noted that the entire congregation attended the evening's meeting. She explained that she had been in Downtown Dania Beach for over 20 years, renovating and renting buildings. She noted the difficulty she has had in dealing with vacancy factors and tenant turnover. She invited Commissioners to come Downtown and visit businesses and see what business owners they dealt with on a daily basis. She noted that Dania Beach needed more Downtown businesses and that they did not need obstacles that made it difficult for them. She noted that more parking was available on this site than anywhere else • Downtown and reiterated that when the church outgrew to location, they had agreed to move. She pleaded for understanding in this situation. Benjamin Wall, co-owner of property with his mother, stated that the only issue here was a parking variance and noted the same request was granted one year ago. He stated that he would never put a business in that jeopardized other businesses. He suggested that if the Commission had any hesitation that they set a one-year review period. He noted that the church had been there for six months and had not been any trouble. Fay Bartelmes, 214 SW 2"d Terrace, felt the people deserved to have a church building and noted the number of church buildings in the area that could be shared with them. Claudia Cuevas, wife of Pastor Juan Cuevas, commented that although there were a lot of church buildings; they had already set up their church in this location. She noted that the church was there to work hand-in-hand with the community and wanted to be given that opportunity. She noted that the church was not visible from the front and pleaded the Commission to grant the variance. Steve Casper, Gospel of Christ Church, stated that he had been watching the meeting on television and came in to address the Commission. He noted that the Commission was gracious enough to grant an extension on the Gospel of Christ Church and noted that he was a neighbor to the Commissioners in his 42 years in the City. He was disappointed with the thought that the Commission would turn down a church and pleaded to give these people a chance to stay for six months to a year. He noted that they had given him a six-month opportunity and noted how they had found a place to move. He added that there was nothing happening in Dania Beach and felt this was a MINUTES 7 MAY 12, 2004 CITY OF DANIA BEACH great opportunity for the City and that a church was much better than a vacancy. He thanked the Commission for listening. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. Commissioner Chunn stated that he supported the church and noted the phone calls he had received concerning other places in the area. He felt that some neighboring communities were laughing at what Dania Beach had Downtown. He noted that he would rather have a church than some of these other businesses. He stated that during his service as Commissioner he had become closer to God. Commissioner Flury stated that all communities needed to support their churches, but felt that this was not the current issue. She explained that Dania Beach had more churches per capita than any other City. She stressed that zoning and ordinances, not the Commission, determined what went into buildings, and asked Laurence Leeds, Director of Community Development, to explain the church in detail. Director Leeds explained that parking was calculated on both existing and new use and noted that this building included retail stores and a dance studio. He stated the variance was for the entire property, not just the church, and noted that the calculated requirements were 52 spaces and that there were only 25 spaces on the site. He recommended that, if a temporary variance were granted, he would do so with an end date in mind. He personally did not support a temporary arrangement. Commissioner Chunn confirmed that there was still one and a half year left on the lease. Vice-Mayor Mikes noted that there were quite a few churches and that Dania Beach had tried to accommodate all of them. He explained that some churches were not being properly used and now we had start-up churches coming into storefronts. He felt one of the problems with Downtown was that landlords were not willing to put money into redevelopment. He felt that Downtown could not be maintained with just storefront churches and felt there needed to be a mixture of uses. He stated that he supported this variance on an interim basis. Director Leeds explained the staff requirement of a Unity of Title from the property owner to acquire additional land on NE 1st Avenue within 300 feet for parking. He noted that if the owner could not acquire that property and subject it to a Unity of Title, the church would not be permitted to meet. Mr. Wall stated that, as he understood the condition, it involved him buying another building in order to get the tenant a variance and he would not be able to do that. He noted he had parking down the street and permission to use parking down the block. He stated if the variance was not allowed he would not rent to the church. He explained that he and his mother had renovated their buildings and continued to maintain them, but he felt it was unreasonable to buy another building or parking lot in order to obtain a variance. A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to adopt the variance for one year with the deletion of the requirement to purchase another property and with the condition that meeting use be limited to the MINUTES 8 MAY 12, 2004 CITY OF DANIA BEACH following hours: After 7:00 pm Monday-Saturday and all day Sunday. The motion passed on the following 3-2 roll call vote: Commissioner Anton — no Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury — no 9.3 a) SP-25-04 — Request by the City of Dania Beach for Site Plan Approval, for property known as Frost Park, located at 300 NE 2"d Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN FOR CITY PROPERTY KNOWN AS FROST PARK LOCATED AT 300 NE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) VA-25-04 — Request by the City of Dania Beach for a Variance to allow a 24 foot high recreation center (Chapter 28, Zoning, Article 4- Schedule of Lot, Yard and Bulk Regulations, allow buildings within the Open Space Zoning District to be no more than 16 feet). Property known as Frost Park, located at 300 NE 2"d Street. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE FROM CHAPTER 28, ZONING, ARTICLE 4 SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR CITY PROPERTY • KNOWN AS FROST PARK, LOCATED AT 300 NE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of the Resolutions. Laurence Leeds, Director of Community Development, explained the reason for the variance request was due to the height of the one-story recreation building at Frost Park exceeding an antiquated zoning district requirement. He noted the total height had an average of 24 feet and stated that both the Planning & Zoning Board and staff recommended approval with no conditions. He noted that the Parks and Recreation Advisory Board had also approved the plan. 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 site plan and variance request for Frost Park. 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 9.4 VA-18-04 — Request by Shelley Eichner, Calvin Giordano & Associates, on behalf of MKN Investment, LLC., for a variance to waive the pervious MINUTES 9 MAY 12, 2004 CITY OF DANIA BEACH area and irrigation requirements for Harbor Isles Town Homes (formerly Griffin Lakes Mobile Home Park) located on the south side of Griffin road west of Ravenswood Road. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING A VARIANCE FOR WALL SIGN AS SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING MKN INVESTORS, LLC, FROM CHAPTER 28, ZONING, SECTION 29.10 PERVIOUS AREA REQUIREMENTS, AND CHAPTER 26, VEGETATION, SECTION 26-53(H), FOR PROPERTY GENERALLY LOCATED AT THE "VILLAS AT HARBOR ISLES" ON THE WEST SIDE OF RAVENSWOOD ROAD AT GULFSTREAM WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. In response to City Attorney Ansbro's question, Laurence Leeds, Director of Community Development, indicated that the wall sign had been approved, but the pervious area needed approval. Director Leeds reported that the request dealt with a project that had been approved over one year ago. He explained the following two issues that had come up over the past couple of months: 1) The developer did not show the optional patios for each unit on the original site plan and stated that in the event all residents requested the patio option, the pervious area would be reduced from the allowable 40 percent to 37.5 percent. 2) The developer requested the irrigation requirement be waived for a few private areas. Director Leeds stated that staff did not recommend support of the irrigation variance, but supported the pervious area request. Fernando Vazquez, Director of Public Services, reported that he had reviewed the calculations and had not noticed any additional impacts from water run-off with the lower pervious ratio. In response to Vice-Mayor Mikes' question, Director Vazquez stated that the drainage for pavers was a design issue and noted that there was adequate percolation in the soil. Vice-Mayor Mikes was concerned that there was no language preventing the construction of a pond and suggested that the prepared base for the pavers be required to be pervious. Attorney Bonnie Miskel, on behalf of the petitioner, stated that they would be happy to provide language to that effect and handed out some pictures of the project options. She indicated that more purchasers were looking for extended patios and she showed that a typical unit had a one-foot by six-foot step off the sliding glass door. Ms. Miskel then indicated that most purchasers wanted a patio. She addressed the concern for residents not having any control over the irrigation system and that it could come on while they were out on their patio. She also noted the concern that if a resident came in after construction and added their own paver patio, they could potentially damage the ® irrigation system. She noted the success of this system in previous developments and assured the Commission that a provision had been made that required owners to water MINUTES 10 MAY 12, 2004 CITY OF DANIA BEACH their property or the home-owners association would take over an assess owners for the costs. She noted that all common areas were irrigated. Mayor McElyea opened the public hearing. Beulah Lair, 1433 NW 8th Street, Melaleuca Gardens, questioned whether or not these buildings would be sound proofed. She noted that the FAA would not sound proof anything built after a certain date. Vice-Mayor Mikes stated that according to Broward County, it was not a problem. He noted that no one could predict exactly what would happen and stated that as long as they were near the airport, they had to worry about expansion. Director Leeds indicated that a condition of the first approval was that the condominium documents contained a disclosure relating to the airport situation. Ms. Lair felt it was the City's responsibility to require soundproofing. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. Vice-Mayor Mikes supported language that stated that 37 percent pervious area was approved in order to allow installation of rear courtyard patios with permeable bases. In response to Director Leeds concerns about the use of grout, another representative of the petitioner (name not understandable), confirmed that sand was installed between the pavers and that grout was not used. Vice-Mayor Mikes supported the variance allowing the residents to have control over the irrigation of their private areas. Attorney Miskel stated that the language that required the association to enforce individual irrigation had already been included in the condominium documents. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to adopt the resolution with the following conditions: 1) Rear courtyard paver patios must have permeable bases; and 2) The 100 percent irrigation coverage requirement be waived by allowing individual backyard and courtyard areas to be non-irrigated, with a requirement by association documents to be individually irrigated. Commissioner Anton clarified that all developments along the Griffin Road corridor required disclosure of the airport issue. 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 MINUTES 11 MAY 12, 2004 CITY OF DANIA BEACH 9.5 LUF-11-04 — Request by Ralph Denuzzio &Associates representing B & I Properties, Ltd., to assign 20% of Commercial flex acreage to property located at NW corner of 1-95 and Stirling Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY RALPH DENUZZIO AND ASSOCIATES REPRESENTING B & I PROPERTIES, LTD. TO ASSIGN 20% OF COMMERCIAL FLEX ACREAGE TO PROPERTY LOCATED NW CORNER OF 1-95 AND STIRLING ROAD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, explained that the property was located on the NW corner of Stirling Road and 1-95 and that it was currently vacant except for a billboard. He indicated that the developers wished to construct a Best Western Hotel. He noted that the property had an Industrial/ Research/Office/Commercial (IROC) zoning designation and a Broward County land use designation of Industrial. Director Leeds explained that under Broward County rules a hotel or retail center could not be built on property designated for Industrial land use unless a different flex rule was applied. He noted that this flex rule required a 20 percent Industrial to Commercial rule and that by assigning this flex acreage to this parcel it may be designated for Commercial use. He • indicated that he had changed his recommendation for approval of a permanent allocation of this rule and noted that the Planning & Zoning Board had recommended approval for six months based on his previous recommendation. Director Leeds felt this was an appropriate designation. Rob Finer, Attorney with Coker and Finer, offered to answer any Commission questions. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Director Leeds clarified for Commissioner Flury that this property was west of I- 95 and the Audubon property was east of 1-95. 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 9.6 VA-60-01 — Request by Peter Crescitelli for a permanent variance to be granted to allow a recreational vehicle trailer to remain at his residence located at 510 SW 2nd Avenue. ® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, MINUTES 12 MAY 12, 2004 CITY OF DANIA BEACH APPROVING THE REQUEST SUBMITTED BY PETER CRESCITELLI FOR AN EXTENDED APPROVAL OF A PREVIOUSLY APPROVED VARIANCE (RESOLUTION 2002-052), WHICH EXPIRED ON APRIL 24, 2004; PROPERTY LOCATED 510 SW 2ND AVENUE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, noted two letters of objection in the dais relating to this variance. He explained that in 2002, Mr. Crescitelli, was cited for parking a motor home at his property that exceeded the code and reminded the Commission that they had granted a variance for two years subject to the installation of a shadow box fence. Director Leeds stated that the variance had expired last month and staff advised the applicant he needed to return to reapply. He stated that since City code provided no guidelines for this situation, staff had no recommendation. Commissioner Anton confirmed that the one letter of opposition was from a neighbor who was attending the meeting and could address the Commissioners himself. He noted the sketch in the backup materials that had been provided by Mr. Perron. Mayor McElyea opened the public hearing. Albert Perron, 210 SW 6th Street, opposed the variance extension because he felt the motor home was "in his face" and he and his family had no privacy in their backyard. He stated that size was not an issue, but that it should be parked in the alley. He • requested that the applicant move the motor home away from his property in order to provide his family with their privacy. He complained that the air conditioning ran 24 hours a day and that whenever they washed the motorhome, they soiled the clothes he and his wife had on the clothesline. In response to Director Leeds question, Mr. Perron stated that he did not know whether or not people lived in the motor home, but he explained that they were using it all the time and ran the A/C daily. Vice-Mayor Mikes suggested continuing the item to the next regular meeting. Peter Crescitelli, 510 SW 2nd Avenue and owner of the motor home, explained that he kept the A/C running at 85 degrees and indicated that it was not loud. He also explained that it was fenced behind his home and could not be seen and noted he had only washed it once this year. Mayor McElyea asked Mr. Crescitelli if he could cooperate with the neighbor and move it to another location in his yard. Mr. Crescitelli explained that he just had a pad put in to park it on and was reluctant to move it. Mrs. Crescitelli, 510 SW 2"d Avenue and owner's wife, stated that perhaps they could have it moved a little closer to their screen enclosure and noted that it was too large for alley access. She felt that the current location provided the neighbor, as well as themselves, with more privacy because no one could see through the motor home. MINUTES 13 MAY 12, 2004 CITY OF DANIA BEACH Commissioner Flury felt that the item should be continued and stated that she thought the motor home was on the side of the house. She was not particularly in favor of the extension, but in order to be fair to all, thought it would be best to have the situation looked at. A motion was made by Commissioner Flury, seconded by Vice-Mayor Mikes, to continue the item to the May 25, 2004 meeting. A lady (unidentified) spoke of another problem last year with a motor home and felt that these things needed to be carefully considered. In response to Commissioner Anton's question, Mayor McElyea stated that he closed the public hearing. 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 Commissioner Anton — NONE • 10.2 Commissioner Chunn thanked God for life and thanked ABC Thrift and Miss Donnelly for clothing donations for the needy. 10.3 Commissioner Flury questioned the status of the pavilion project (VA--72-03 — Request by Charles Putnam & Associates, on behalf of Barry N. Morris c/o Ocean Development, LLC.,) Laurence Leeds, Director of Community Development, noted that since the applicant had not yet come back with a full-scale site plan as the motion required, he did not know. Vice-Mayor Mikes indicated that he had met with the applicant about the architecture after the April 13th, 2004 Commission meeting and expected to hear from them soon. Director Leeds reiterated that according to the motion, they needed to come back with a full-scale site plan, which was much more involved than just detailed architectural plans and only the Commission could have it changed. Vice-Mayor Mikes noted that a four-fifths vote was required to obtain the height variance and felt the first step should be to get the Commission to have the architecture approved at four-fifths. Commissioner Flury questioned that once the Commission was satisfied with the architectural design, could they then vote to bring them back and deal with the number of stories at the same time. • MINUTES 14 MAY 12, 2004 CITY OF DANIA BEACH Director Leeds answered in the affirmative, if a Commissioner made a motion to that effect. Commissioner Flury requested an update on SE 5t" Avenue linear park be presented at the next meeting (Mary 25th). She then referred to the newspaper article concerning the State Attorney's investigation of a City Code Enforcement employee and noted that a report had been received indicating that there was insufficient evidence to proceed with the case. She noted that the Code officer had been fully exonerated and explained that she had wished to refrain from comment until it had been resolved. Commissioner Flury stated that she hoped Mr. Dubisky would return to work very soon and felt that he was one of the most outstanding officers the City had and a fine citizen. She regretted that he had to endure this and noted that in this type of job, it was impossible to make everyone happy all the time. 10.4 Vice Mayor Mikes spoke about his Denmark visit and stated that it was an eye- opener. He noted that four of their nineteen Council members would be visiting Dania Beach in November. He suggested that a new time capsule be dedicated during their visit and it could incorporate things that were happening in their City, for example, the Royal wedding this week. He noted their generous hospitality and was amazed at the citizen's respect for public property. He felt that any funds spent on the trip be charged to the Centennial Account. 10.5 Mayor McElyea reminisced about a ride he had had on a roller coaster in Denmark. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 PL-94-03 -Request by Mikki Ulrich/Deni Land Surveyors on behalf of Scaltex USA Inc. and Dania Homes, for approval of the submitted appraisal for property located east of the Danians Condominium Clubhouse fronting Dania Beach Boulevard. (Director of Community Development) Laurence Leeds, Director of Community Development, explained that on April 13, 2004 the City Commission had approved the plat for this property located directly to the east of the Danian's Condominium gate. He noted that the project was a ten-unit condominium and stated that the developer was required to pay a park impact fee. He explained that this fee was calculated using a formula based on the property appraisal and noted the three ways that the appraisal could be determined. He indicated that there had been some previous doubt as to the accuracy of the appraisal. Gary Smith, L.B. Slater & Company Appraisers, apologized for a date error that he had made on the original appraisal and clarified that it had been done in January, 2004, not 2003. He reported that he had sent a letter to the client and indicated that the April appraisal was the same as the January appraisal of$260,000. Director Leeds stated that the Commission could accept the appraisal, reject the appraisal, or suggest an alternative. is Commissioner Flury confirmed that the property size was a little over one-half acre. MINUTES 1s MAY 12, 2004 CITY OF DANIA BEACH • Mr. Smith noted that the property was purchased two years ago at $160,000. A motion was made by Commissioner Flury, seconded by Vice-Mayor Mikes, to accept the appraisal of $260,000. 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 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. "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 MINUTES 16 MAY 12, 2004 CITY OF DANIA BEACH 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato stated that his visit to Denmark was exceptional and noted that this country treated them wonderfully. He noted that Dania Beach had appeared in the Danish press for the first time concerning a tug-of-war they had with fire fighters. He explained the difficulty they had experienced on the trip home due to a Fire Department strike in France. He thanked Commissioner Flury for the comments she had made concerning Mr. Dubisky and stated that he was glad to be back in this country where people were innocent until proven guilty. He and Vice-Mayor Mikes recounted some of their memories from their Denmark trip. 13.2 City Attorney— NONE 13.3 City Clerk— Meeting Reminder: May 20, 2004 @ 6:00 p.m.- Special Meeting (Abatement Hearings) May 25, 2004 @ 7:00 p.m.- Regular Commission Meeting 14. ADJOURNMENT The meeting adjourned at 9:20 p.m. �� C.K. MC LYE ® MAYOR-COM SSIONER ATTEST: LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: June 8, 2004 MINUTES 17 MAY 12, 2004 CITY OF DANIA BEACH