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MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
JUNE 8, 2004
1. CALL TO ORDER:
Mayor McElyea called the meeting to order at 7:01 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Gary Garofalo, Chaplain for the American Legion Post 304 and the Dania Beach Lions
Club.
3. ROLL CALL:
Present:
Mayor: C.K. McElyea
Vice-Mayor: Bob Mikes
Commissioners: Bob Anton
Robert Chunn
Pat Flury
F . City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Louise Stilson
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
4.1 Presentation by Vision Broward on the outcome of the Vision Broward Project as
well as the Implementation Strategies for the Project.
City Attorney Ansbro stated that this item was to be continued until the next regular
meeting, June 22, 2004.
ITEM 4.2 WAS HEARD AFTER ITEM 6.4
4.2 Presentation of the City's Financial Statement for Fiscal Year 2003. (Patricia
Varney, Finance Director)
Pat Varney, Finance Director, introduced Mr. Pablo Elias from Grau and Associates, the
Commission-appointed auditing firm. She noted that the presentation was late this year
because of implementation of Government Accounting Standard Board Statement
section 34 (GASB 34), which was a major change in the format and implementation
included in the financial statements.
Mr. Pablo Elias, representative from the Auditing Company, stated that he was there to
present the financial statement from September 30, 2003 and noted that the City had
received a clean opinion from the auditors. He indicated that the most significant
changes in the financial statement were a result of GASB 34. He noted that the
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CITY OF DANIA BEACH
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accounting had changed from a modified accrual method to a full accrual statement, 3
® which was a business-type statement, similar to private enterprise. He reported that the
statement showed depreciation of capital assets and eliminated accounting for internal
service fund to avoid double accounting. He reported that the statement now included
long term debt calculations, which meant that both net assets and long-term liabilities
were seen on the financial statements. He stated that they were showing a government-
wide financial statement, which included the general fund, special revenue funds, capital
projects, and business-type activities (water, sewer, and storm water activities). He
stated that these financial statements were reconciled with the old financial statements
and that was why there were two financial statements—the old and new.
Director Varney reviewed the following financial highlights:
Total net assets $56,036,810 — increase of 4.7 million dollars from FY 2002
$11,022,735 unrestricted assets
$42,398,445 capital assets net of debt
$2,615,630 restricted net assets
Government Funds:
Operating revenue $30,597,099
Operating expenses $27,462,575
Transfer/Loan $847,977
General Fund:
Revenue $28,600,255
Expenditures $24, 250,507
She noted that revenue increased by 20 percent in FY 2003, while expenditures
increased only four percent.
Director Varney reported that the increases were due to building permits, impact fees,
sales tax, county shared revenue, and electric fees. She explained why the legal,
physical environment, and debt services departments had not operated within their
budget. She indicated that the net increase in the general fund was 4.3 million dollars
and showed the total ending fund balance of 7.7 million dollars, out of which four million
dollars were reserved funds. She explained that grant funds and general funds made up
the major funds category under GASB 34 and that non-major funds consisted of
donation, perpetual care, IT Parker, and tree preservation funds.
Director Varney outlined the business-type activities and noted that the water fund had a
surplus; sewer fund was in the negative, as well as the storm water fund. She noted that
the combined pension funds had over $30 million and defined capital assets as any type
of equipment, vehicles, machinery that cost more than one thousand dollars and had
more than one-year of useful life. She defined infrastructure as parks, streets, water
mains, storm drains, and utility systems that cost more than 10 thousand dollars and had
a useful life of more than five years. She stated that the total assets after depreciation
was $34 million in the governmental fund and $16.5 million under the business-type
funds totaled.
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Mr. Elias stated that there were no new management comments this year, but two minor
® comments were left from last year: 1) receipt of code enforcement fine; and 2) an over
expenditure which Director Varney had previously disclosed.
Vice Mayor Mikes inquired as to whether or not the interlocal agreement with the City of
Hollywood should be included in this report.
Director Varney clarified that the report included Dania Beach expenses, not what
Hollywood incurred. She confirmed it was a pass-through account and noted that this
was a financial report. She stated that she could have these contractual expenses
added if the Commission wanted it.
Vice Mayor Mikes felt that an appendix or addendum should be added to report these
costs and felt the costs of the operation for the City should be documented.
Commissioner Flury thanked the auditors and noted the significantly improved financial
reports. She felt the City should not plan on spending any of the extra money and asked
whether or not funds borrowed from the water and sewer funds had been repaid.
Director Varney replied that the funds had not totally been repaid and that she planned
proposing it in the new budget.
Commissioner Flury and the auditor thanked Director Varney for her hard work in
converting to the new system and helping the audit to be completed.
• Vice-Mayor Mikes stated that he had been here 15 years and noted the improvements,
particularly annexations that reduced the tax rate, helped add staff, and increased the
tax base.
Commissioner Anton thanked Director Varney and all staff for holding the budget in line.
City Manager Pato thanked the Commission for their comments and noted the team
effort necessary to apply business principles and be accountable for decisions. He
commended the Commission for being ahead of the trend in asking staff to scrutinize
practices and conduct good business practices. He also noted the increased cost of
pension and insurance that faced the City in the future.
5. PROCLAMATIONS: NONE
6. CITIZENS' COMMENTS:
6.1 Gary Garofalo, on behalf of the Broward County Chapter of the American Red
Cross, informed the public of the Jail and Bail fundraiser at Sheraton Hotel and
encouraged all to contribute to the campaign.
6.2 Bobbie Grace, 110 NW 81h Avenue, felt there was a unique situation in the City of
Dania Beach as they celebrated their 100th birthday and Broward County Pioneer Days
on October 16 & 17, 2004. She noted that the City's Mayor was the historian for Dania
Beach and went on to describe a gala affair planned at Tropical Acres restaurant on
October 15 at 6:00 p.m. She noted that of the 1,650 pioneers honored in Broward
County, over 140 of them were from Dania Beach. She announced that a letter would go
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out to Commissioners, as well as, to news media and press. She hoped to receive the
County and City's blessings on the event and indicated that she, Kristen Jones, Director
of Parks and Recreation or Mehgan Heaps, Parks and Recreation Department, would be
happy to answer any questions. She assured all that she was not picking the pioneers.
She also announced that the Attuck's All-school Reunion would be on July 1st, 2nd, 3rd
and 41h with a main event at the Diplomat Western in Hollywood, on July 3rd at 6:00 p.m.
6.3 Lisa Young, 124 S. Federal Highway and President of the Dania Beach Heights
Civic Association, stated that she had worked with American Maritime Officers (AMO) to
develop a partnership that created opportunities for the residents of the community and
continued the progress made regarding quality of life issues. She announced that
regular meetings of their association were held the third Thursday of each month at City
Hall and was proud to work with the City and BSO. She was proud to announce the
partnership with AMO and invited the community to an Open House on Monday, June
21stat the RTM Star Center on Dixie and Federal Highways beginning with a tour at 5:30
p.m., a presentation at 7:00 p.m., and mentioned that refreshments would be served.
She stated that the final rendering of the landscape design for the vacant parcel on SW
4th Avenue would be revealed at that time and urged everyone's participation.
6.4 Jimmy Fitch sang God Bless America at the request of Mayor McElyea.
ITEM 4.2 WAS HEARD AFTER ITEM 6.4
ITEM 6.5 WAS HEARD AFTER ITEM 9.1
6.5 Tim Ryan, Special Counsel, described the location of the Nelson Lake Property
and reported that the lake was surrounded on three sides by residences and that the
City owned an alley on the fourth side. He noted that there was an issue of a falling
chain link fence that a survey determined was on City's right of way. He explained that
the City had reconstructed the fence and secured the area, but a review had determined
that ownership was held by property owners. The question arose of who was
responsible for lake maintenance. It was the recommendation of staff that the City's
best interest was to reconstruct the fence and clean up debris along the lake one time
and then residents would be notified of their responsibility to maintain the area. He
indicated that it was also determined that the City should provide aquatic management
of the lake because of the two outfalls into the lake from catch basins.
Commissioner Anton confirmed that the fence was City responsibility.
Attorney Ryan indicated that the entire fence was on City property, and noted that it
could become a hazard if the lake falls down in some area. He reiterated for
Commissioner Anton that it was the City's responsibility to fix the fence.
Commissioner Anton stated that he had been by the area, there was not a significant
amount of debris, and it would not take long to clean up. He suggested cleaning it up at
the same time the old fence was taken down and removed.
Attorney Ryan explained that it was important to give notice to residents, because it was
not the City's responsibility and the City did not want to set a practice of clearing the
debris.
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Commissioner Anton agreed.
Commissioner Chunn agreed that the City should keep the fence maintained.
City Manager Pato noted that they had fixed the existing fence and reiterated that the
recommendation was to replace that fence with a stronger fence. He stressed that the
homeowners needed to understand that the responsibility remained with individual
homeowners to maintain the area, not the City of Dania Beach.
The consensus of the Commission was to construct the sturdier fence and notify
homeowners of their responsibility.
Attorney Ryan reiterated that each resident had 1/20 interest in the lake and everyone
would be cited if excess accumulation of debris occurred and stated that he would have
a copy of the survey placed at City Hall for public viewing.
ITEMS PULLED FROM THE CONSENT AGENDA: VICE-MAYOR MINCES PULLED ITEM
7.5
7. CONSENT AGENDA (including expenditures):
7.1 Minutes:
Approval of minutes for Regular Meeting of May 12, 2004
Approval of minutes for Special Meeting of May 20, 2004
Approval of minutes for Regular Meeting of May 25, 2004
7.2 Travel Expenditures:
Request by Nanci Denny, Purchasing and Contracts Coordinator, to attend NIGP
Annual Forum in Biloxi, Mississippi, August 7-11, 2004, for certification purposes.
(Estimated total cost: $1319.00)
7.3 Bills: NONE
Resolutions —
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) 29TH YEAR NORTHWEST
IMPROVMENTS DESIGN/BUILD CONTRACT WITH TENEX ENTERPRISES,
INC. IN THE AMOUNT OF $184,428.00; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
SETTLEMENT OF ALL CLAIMS OF LORRAINE LANES AND ACCESS NOW,
INC., A FLORIDA NON-PROFIT CORPORATION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.7 MOTION TO APPROVE LOAN AGREEMENT WITH COMMUNITY BANK OF
BROWARD FOR FROST PARK RECREATION CENTER IN THE AMOUNT OF
$822,500.
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CITY OF DANIA BEACH
ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY—
7.8 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING
ARTICLE 28 "SIGNS," TO CORRECT A SCRIVENER'S ERROR IN THE CITY'S
TEMPORARY POLITICAL SIGN REGULATIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of the Ordinance.
A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to approve
the Consent Agenda with the exception of Item 7.5. 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
ITEM PULLED FROM THE CONSENT AGENDA:
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
EXECUTION BY THE PROPER CITY OFFICIALS OF A LEASE AGREEMENT
BETWEEN THE CITY AND SOUTH FLORIDA WATER POLO, INC. FOR THE
TEMPORARY USE OF THE PATRICK J. MELI PARK POOL TO CONDUCT
THE 2004 USA WATER POLO NATIONAL JUNIOR OLYMPICS EVENT;
• PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of the Resolution.
Vice-Mayor Mikes was concerned about insurance liability.
City Attorney Ansbro stated that he had questioned the RMA Insurance consultant and
they concurred with the current one million dollar liability. He was comfortable with that
recommendation.
Kristen Jones, Parks and Recreation, noted that this was a national event and the City
would receive a lot of coverage. She was honored that the researchers had chosen
them as the best aquatic facility and noted that the Grand Opening of the pool was
scheduled for July 1, the event will start on July 24 and for the following nine days the
event would bring in $4,500.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, 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
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CITY OF DANIA BEACH
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA BEACH; PROVIDING DEFINITIONS OF INSTITUTIONAL AND
EDUCATIONAL USES; PROVIDING FOR THE PROHIBITION OF
INSTITUTIONAL AND EDUCATIONAL USES AND USES RELATED THERETO
IN THE COMMUNITY REDEVELOPMENT AREA AND WITHIN 2500 FEET OF
THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of the Ordinance.
Mayor McElyea opened the public hearing.
Gerald L. Knight, Holland and Knight LLP, representing American Maritime Officers
(AMO), stated that he became aware of the ordinance today and had not had time to
fully review implications for AMO's existing facilities in the proposed Dania Beach CRA
district and any future expansion of the facilities that might occur. He noted that AMO
has been interested in purchasing Graves Museum for a training facility and was
concerned with ordinance upon first review. He pointed out that the AMO existing
facilities generated substantial revenue for this area and felt that prohibiting institutions
and educational uses in area would be detrimental to the CRA. He outlined how this
prohibited AMO from generating further commercial development in the area and felt it
was contrary to the spirit and intent of the CRA to prohibit educational institutions, as
many educational facilities provided an anchor for redevelopment. He noted that the
County Commission might not be accept such restrictions and noted that there might be
some serious legal issues with this ordinance. He stated that he could not identify any
legitimate public purpose for this restriction and felt that the ordinance, as drafted,
discriminated against users depending on their form of ownership, i.e. private school
was allowed, public was not; Dania Beach owned facilities were allowed, but others were
not. He pointed out that the ordinance rendered existing educational institutions as non-
confirming and that also posed a serious problem in terms of future improvements and
additions to those facilities. He felt it raised implications under the Bert Harris Act. He
explained that AMO provided training to Coast Guard, Sea Lift personnel, and national
security personnel and the ability to continue training would be adversely affected by this
ordinance. He felt it was bad public policy and may be illegal. He encouraged the City
not to go forward with the ordinance. He clarified for Vice-Mayor Mikes that most of the
properties owned by AMO were not on the tax roll because they were used for tax-
exempt purposes, but that some of those properties were listed in the tax rolls.
Vice-Mayor Mikes requested that Mr. Knight prepare some documents to bring to
another meeting that outlined what properties were used for which purposes.
Mr. Knight hoped the ordinance would not get that far, but answered in the affirmative.
Vice-Mayor Mikes noted that these issues were tied into the CRA redevelopment
process and were in line with the vision and goal setting plans for the area that and that
they may be modified in the future.
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Commissioner Flury did not have questions for the attorney and stated that this was not
an AMO issue, but rather, a community issue. She stated that she did not mind the
ordinance going to second reading, but indicated she was bothered by the scope of
prohibitions provided by the ordinance. She asked City Attorney Ansbro about public
schools and questioned whether or not Dania Elementary would be prohibited from
expansion.
City Attorney Ansbro stated that the ordinance prohibited that.
Commissioner Flury was concerned about this and also the prohibition against having a
library.
City Attorney Ansbro confirmed that was correct and stated there needed to be input
from the Commission. He noted that there were also state laws that pre-empted city
laws.
Vice-Mayor Mikes did not feel that this ordinance prohibited public schools' expansion
because they would be pre-empted and noted that this only sets the tone for type of
development wanted. He felt that without this ordinance, the City was playing "Russian
Roulette" with the CRA.
Commissioner Flury made a motion to table this item to the June 22, 2004 Commission
meeting.
Vice-Mayor Mikes made a substitute motion to adopt the Ordinance and pass it through
to the next reading.
Commissioner Flury reiterated that this was not an AMO issue, stated she was not
concerned about AMO, and felt they could take care of themselves. She was concerned
about the impact to the community and wondered what the value of redevelopment was
if you could not do what you wanted. She stated that a courthouse or library might want
to be placed there and wondered why move forward with an ordinance that tied one arm
behind our back. She felt this ordinance was directed to one organization and she would
not support it now or on second reading.
Mayor McElyea felt that AMO had built the City on south end and would support them
with a reasonable request. He also wanted to see that Baptist church become a library.
Commissioner Anton agreed on the library issue and noted it had been the focus of
many people in the area. He was not sure of the purpose of the ordinance. He noted he
had no issues in favor or against AMO, but stated that he had a problem with this
ordinance and supported Commissioner Flury's motion to table.
Commissioner Anton seconded Commissioner Flury's motion to table the item.
Vice-Mayor Mikes stated that he also supported the library. He argued that it was an
AMO issue because they were buying parcels and removing them from the tax rolls,
which he felt created a burden to the community. He noted that the ordinance could be
amended at any time to include a library or any of these other uses and felt this
ordinance was needed for the City to control land uses in the CRA district. He did not
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CITY OF DANIA BEACH
. feel it was good for downtown redevelopment to have so much of the parcels off the tax
rolls.
Commissioner Anton asked about the discussions involving the Graves Museum that
provided for a payment in lieu of taxes.
City Attorney Ansbro stated that a payment in lieu of taxes (PILOT) had been discussed
concerning the Graves Museum deal and had been put on hold by a Court order. He
was uncertain of the status of the sale to AMO.
Mayor McElyea stated that AMO had improved several properties it had acquired and felt
that if the Commission were not careful this would turn into a legal "can of worms."
The motion to table the item until the June 22, 2004 meeting carried on the following 4-1
roll call vote:
Commissioner Anton —yes Vice-Mayor Mikes —no
Commissioner Chunn -yes Mayor McElyea —yes
Commissioner Flury —yes
The substitute motion died for lack of second.
ITEM 6.5 WAS HEARD AFTER ITEM 9.1
At this time, City Attorney Ansbro advised that 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.
9.2 SP-10-04 — Request by Richard D'Alessandro, applicant and owner, for site plan
approval to construct storage and office space and waiver to reduce the rear
setback at 2110-2180 Anntom Drive.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY RICHARD D'ALESSANDRO, FOR
PROPERTY GENERALLY LOCATED SOUTH OF THE 5800 RAVENSWOOD
ROAD (2110-2180 ANNTOM DRIVE), DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Corinne Church, Principal Planner, Community Development Department, described the
property as west of Ravenswood Road and noted that this one as well as the
surrounding properties had Industrial, Research, Office, Marine (IROM) zoning
designations. She stated that the property was currently vacant. She reported that the
applicant proposed construction of eight light industrial bays and accessory office space
and noted that the applicant exceeded the pervious area requirement. She indicated
that a unique item to this property was that access to Ravenswood Road was provided
via an ingress/egress easement on the north of the property. She stated that the
applicant requested site plan approval, as well as a waiver to reduce the rear set back
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CITY OF DANIA BEACH
three feet. She explained that the reduction was required in order to provide for
adequate parking spaces according to the zoning code. She indicated that staff
recommended approval of the waiver and the Planning & Zoning Board concurred with
the staff recommendation of approval.
Corinne Church clarified for Commissioner Anton that a lake was on the west side of the
property and warehouses were on the south.
Commissioner Flury questioned whether or not staff comments had been addressed as
stipulated by the Planning & Zoning Board.
Laurence Leeds, Director of Community Development, confirmed that the submitted plan
met all of staff's comments. He also noted that the property to the south was Industrial,
the property to the west was a lake, and there was no residential use abutting the
property. He described the building's metal roof and stucco-coated walls and noted that
the metal roof created no problem at this location because it was not significantly visible
from Ravenswood Road.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition,
Mayor McElyea closed the public hearing.
A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to
adopt the Resolution. The motion passed on the following 5-0 roll call vote:
Commissioner Anton —yes Vice-Mayor Mikes —yes
• Commissioner Chunn —yes Mayor McElyea — yes
Commissioner Flury —yes
9.3 a) SP-78-03 — Request by Charles Serabian, on behalf of James Barron, for a
site plan approval to convert an existing building into a Subway restaurant,
located at 2501 Griffin Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY CHARLES SERABIAN, ON
BEHALF OF JAMES BARRON FOR THE PROPOSED CONSTRUCTION OF A
SUBWAY RESTAURANT; PROPERTY LOCATED AT 2501 GRIFFIN ROAD,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
b) VA-78-03 — Request by Charles Serabian, on behalf of James Barron, for
variances to waive the minimum landscape buffers and to allow two (2) parking
spaces to project into landscape buffer. Property located at 2501 Griffin Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING A VARIANCE
SUBMITTED BY CHARLES SERABIAN, ON BEHALF OF JAMES BARRON,
FROM CHAPTER 26, VEGETATION ARTICLE IV LANDSCAPING, AND
CHAPTER 28, SECTION 6.21 SUPPLEMENTARY USE REGULATIONS, OFF-
STREET PARKING REQUIREMENTS, FOR PROPERTY GENERALLY
LOCATED AT 2501 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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CITY OF DANIA BEACH
City Attorney Ansbro read the titles of the Resolutions.
Corinne Church, Principal Planner, Community Development Department, explained that
the applicant requested three items: 1) site plan approval, 2) two variances, and 3) one
waiver. She outlined the existing conditions of the property as being located on Griffin
Road with a building currently located on the site. She stated that it was commercially
zoned and had commercially zoned property adjacent to it on the south, east, & west;
the property to the north was zoned residential. She explained that the site plan
proposed converting the existing building into a restaurant and reported that the
applicant was willing to remove the Griffin Road curb cuts to provide access to the
property from the east and west. She further reported that the engineering consultant
had confirmed that the proposed traffic pattern was the best traffic circulation for the
neighborhood. She noted that the applicant was adding sidewalks and that the pervious
area requirement had been exceeded.
Corinne Church then explained the requested variance for a reduction in the landscape
buffers and the ADA requirements that made it necessary and stated that staff
recommended approval. She then identified the second variance request that allowed
two parking spaces to encroach into the landscape buffer due to existing site constraints.
She indicated that staf supported this variance as well.
Corinne Church stated that the next issue was a requested waiver of the Principal
Arterial Design Standards because the applicant planned to use an existing building that
did not meet these criteria. She indicated that staff recommended approval of the waiver
as well.
Corinne Church then indicated that the applicant had met all of staff's comments and
that the Planning & Zoning Board recommended approval of the site plan subject to the
applicant addressing staff issues, which had occurred. She further reported that the
Planning & Zoning Board recommended approval of the variances subject to the
applicant submitting building elevations in color and they recommended approval of the
waiver, as well.
Vice-Mayor Mikes asked whether or not there was a concrete slab there now and if
additional landscaping could be placed along Griffin Road.
.Laurence Leeds, Director of Community Development, indicated in the negative, and
stated that because the building was in a fixed location, increased landscaping
prohibited the minimum requirements for parking drive isles.
Commissioner Flury questioned whether or not the entire building was being used and if
there were any additions planned.
Charles Serabian, the applicant, responded that they were not adding any additional
space; they were adding only windows.
Corinne Church stated that the applicant provided only eight feet of landscaping along
Griffin Road because of the position of the driveway and handicap access.
Mr. Serabian reiterated that they provided more than 50 percent more pervious area
than required.
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CITY OF DANIA BEACH
® Vice-Mayor Mikes wanted to see additional landscaping close to the building where it
would be more protected from traffic.
Director Leeds stated that he could check with the building official to see if it created any
ADA problems. He preferred that it not become a condition of approval. He agreed with
Vice-Mayor Mikes on the landscaping, but did not want to create an unsafe sidewalk in
the process.
Vice-Mayor Mikes stated that he personally preferred to have the building torn down.
Director Leeds felt they had done a good job on the project and promised to look into
additional landscaping to enhance the front of the building. He suggested looking at the
rear of building and noted the improvements made by the glass requirement.
Vice-Mayor Mikes understood that this was a significant improvement, but felt that they
could do better with the project.
Director Leeds noted the substantial improvement and promised once again to look into
improved landscaping.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition,
Mayor McElyea closed the public hearing.
In response to Vice-Mayor Mikes query, Mr. Serabian stated that the hours of operation
were from 9:00 a.m. — 10:00 p.m.
Director Leeds confirmed for Vice-Mayor Mikes that no written complaints or comments
had been received from nearby residents.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to adopt
the Resolutions for Items #9.3 (a) SP-78-03 and #9.3 (b) VA-78-03. In the case of Item #9.3
(b) approval is subject to submittal of color building elevations for all four sides of the
building and the wall prior to the issuance of a building permit. 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 SP-31-02-M — Request by Craven Thompson and Associates, Inc., on behalf of
Dania Distribution Center, Ltd., to modify the approved landscape plan for
property located at the southwest corner of Dania Beach Boulevard and SW 12tn
Avenue.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY CRAVEN
THOMPSON AND ASSOCIATES, INC. ON BEHALF OF DANIA DISTRIBUTION
CENTER, LTD., FOR PROPERTY GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF DANIA BEACH BOULEVARD AND SW 12
AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
MINUTES 12 JUNE 8, 2004
CITY OF DANIA BEACH
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Laurence Leeds, Director of Community Development, reported that in December 2003,
Commission had approved this site plan. He described the property location as having
Dania Beach Blvd. to the north, Stirling Industrial Park on the south, the C-10 canal on
the west, and reported that it covered an area of approximately 200,000 square feet of
office/warehouse. He noted that the site plan was approved with 45 foxtail palm trees
along the north property line next to the building to soften the impact of the concrete in
the adjacent community. Director Leeds reported that the landscape consultant had
confirmed that these foxtail palms were not currently available in the required size and
suggested substituting them with 45 large King Alexander palms. He stated that Staff
had recommended approval of the site plan modification to allow the use of King
Alexander palm trees with eight feet of gray wood, similar to what the Commission had
requested in the original site plan.
Commissioner Mikes suggested alternative landscaping of Sable palms with staggered
heights. He noted that they were more durable for that type of use and readily available.
Director Leeds clarified that the condition would have alternating trees in heights of eight
and ten feet and indicated applicant agreed to change.
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 Vice-Mayor Mikes, seconded by Commissioner Flury, to adopt the
Resolution (SP-31-02) with the condition that the 45 Foxtail Palm trees on the north side
of all four (4) proposed buildings be replaced with 45 Sable Palms with staggered heights
of 8' and 10'. 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 reported that the June 1st protest march at the Community
Outreach Center was successful. He congratulated the folks from the Melaleuca
Gardens Association and announced their meeting tomorrow night at 7:00 p.m.
10.2 Commissioner Chunn thanked God for His goodness and others for their support.
He wondered if it was feasible to slow traffic on Stirling Road at its intersections with
Phippen and Ely where school children were crossing. He also commented on problems
resulting from the long light at Stirling and Phippen.
City Manager Pato stated that he had reported it to the County and indicated that he
would contact DOT again concerning the problem.
. 10.3 Commissioner Flury— no comments
MINUTES 13 JUNE 8, 2004
CITY OF DANIA BEACH
10.4 Vice Mayor Mikes was pleased to hear that the picketing of the Community
Outreach Center was well attended. He also made note of a letter from airlines about
their second thoughts of funding the airport expansion project and also noted the
County's failure to accurately disclose the high costs of the project. He made a
comparison between the Hollywood-Fort Lauderdale airport and the Miami airport. He
also spoke of the sewage treatment plant proposal by the City of Hollywood and
appreciated the City Manager's participation in this issue.
City Manager Pato stated that cities are working together to develop a unified approach.
He noted that the City of Hallandale was taking the lead and there were many issues
involved. He stated he would keep the Commission informed.
. 10.5 Mayor McElyea indicated that a resident had approached him concerning some
palm trees near the 200 block of NW 6th Avenue that had not been watered and needed
to be replaced. He also wanted to see the lights on the pier installed. He questioned the
change of location for the Car Show.
Kristen Jones, Parks and Recreation Department confirmed that the Car Show location
was changed and would be held down by the pier starting this Saturday. She noted that
Parks and Recreation staff would be cooking food.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of possible cancellation of second regular meeting in July.
. City Manager Pato stated that it was traditional to have one meeting in July and
reminded the Commission of the Budget Workshops scheduled for July 26-27, 2004.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
cancel the first regular meeting in July (July 13, 2004). 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".
12.2 Appointment of 1 citizen member to the General Employees Pension Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF A MEMBER TO THE "GENERAL EMPLOYEES PENSION BOARD;"
• PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2)YEAR TERM EXPIRING JUNE 21,
2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
MINUTES 14 JUNE 8, 2004
CITY OF DANIA BEACH
Mayor McElyea re-appointed Myrtle Corbin.
12.3 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".
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".
12.5 Appointment by Commission of a member for R/E Property Manager position on
the Unsafe Structures Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION
TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A
THREE (3) YEAR TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
to appoint the noted board member. 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
13. ADMINISTRATIVE REPORTS:
13.1 City Manager— no comments
13.2 City Attorney- no comments
13.3 City Clerk— Meeting Reminder:
Monday, June 21, 2004 @ 4:00 p.m. — Workshop- CIP, Investment Policy, and
BSO contract.
Tuesday, June 22, 2004 @ 4:00 p.m. — Special Meeting — CRA Design
Guidebook Presentation
Tuesday, June 22, 2004 @ 7:00 p.m. — Regular Commission Meeting
Tuesday, July 13, 2004 @ 7:00 p.m. - Regular Commission Meeting-Cancelled
MINUTES 15 JUNE 8, 2004
CITY OF DANIA BEACH
14. ADJOURNMENT
The meeting adjourned at 9:18 p.m.
T
C.K. MCELYEA
MAYOR-COMMISSIONER
i
ATTEST:
LOUISE STILSON
CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: July 27, 2004
MINUTES 16 JUNE 8, 2004
CITY OF DANIA BEACH
b