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HomeMy WebLinkAbout608 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 27, 2004 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, St. Ruth's Missionary Baptist Church, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 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 Deputy City Clerk: Miriam Nasser 4. Presentations and Special Approvals 4.1 Presentation by Representative Tim Ryan of a check in the amount of$103,750.00, from the State of Florida Department of Environmental Protection for the City's FRDAP Grant application. Representative Tim Ryan presented a check in the amount of$103, 750.00 on behalf of the State of Florida Department of Environmental Protection for Frost Park renovations. The application of funds was made to pay for half of the cost of improvements. He thanked Bonnie Temchuk for the well-written grant request. Bonnie Temchuck spoke of another grant issue. She discussed the huge success of the McTutor's Program. She explained how McTutor's began as a nine-week pilot program put together by the City of Dania Beach, Turn Around Dania, Broward County Sheriff's Office, Dania Elementary, and the McDonalds Corporation. The City, along with these other entities, formed a partnership and applied for the 21 st Century Community Learning Center Grant. She was happy to announce that the grant was approved for $1.5 million to be used over a five year period. The money was used to create a program called Time for Kids, which was open to both Minutes of Regular Meeting 1 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Dania and Collins Elementary schools. She thanked Turn Around Dania, especially Sophie wSteele and Merita Mitchell, for allowing the City of Dania Beach to create this partnership. Chief Cowart explained details of how the McTutor's program worked for children. He stated that they identified at-risk children, and through a partnership with McDonald's, these children received after school assistance. He stated that after the first quarter, children's grades and behavior improved. Commissioner Anton recognized and thanked everyone for their assistance with the program. 4.2 Presentation of Certificate of Recognition to Robert Nunziato, a Dania Beach resident, for winning the Dania Beach Centennial Super Boat Race on July 17th, 2004. (Commissioner Robert H. Churn, Jr.) Mayor McElyea presented Robert Nunziato with a Certificate of Recognition, plaque and trophy, for winning the Dania Beach Centennial Super Boat Race. Robert Nunziato thanked the City of Dania Beach, the Commissioners, and especially the Lion's Club. He also stated he looked forward to racing in Dania Beach every year. Vice-Mayor Mikes commented that the race would be televised in August and that the national exposure was positive for the City of Dania Beach. He explained that producing this type of marine event required cooperation from Harbour Towne, Parker Center, the beach, the pier, back-up firefighters, and staff. He advised that the City of Dania Beach needed to make sure that access to parks and properties for special events was maintained when entering into leases. Commissioner Chunn thanked Harbour Towne, Dania Jai Lai, the Lion's Club, Dismas House, and Mr. Carbonell, President of Super Boat International. He noted that the race brought many tourists and showcased the city. 4.3 Presentation of Certificates of Appreciation to Kathy VanNoorden, Executive Assistant to the City Manager and Mardie Holloway, Supervisor of Parks and Landscape Maintenance. (City Manager) City Manager Pato recognized employees who went the extra mile at work. He stated how Mardie Holloway, a long time employee and Supervisor of Parks and Landscape Maintenance, demonstrated his dedication and willingness to step in when help was needed. He remarked that Mr. Holloway offered his services on Saturday July loth, when an overwhelming amount of burials were scheduled and the Public Services Department was understaffed. He explained that later that same day, Holloway offered his services again assisting the Parks and Recreation Department with their Cruise Night event. City Manager Palo further thanked Kathy VanNoorden, member of the Centennial Committee, for her willingness to put in extra hours while asking for nothing in return. He recognized her efforts for creating, promoting, and producing this year's Centennial Celebration. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Vice-Mayor Mikes stated that Kathy VanNoorden was instrumental in securing the hotel and meeting rooms for the NOISE Conference. He thanked Kathy VanNoorden for her efforts. Commissioner Chunn thanked Mardie Holloway for his dedication to the community and his willingness to help. Mayor McElyea congratulated City Manager Pato. 4.4 Employee Recognition Program "General Employee of the Month" Award for May 2004. Fernando Vazquez, Director of Public Services, presented Jim Fields, a ten year employee of the City and member of the Public Services Department, with an award for outstanding efforts at work. Mr. Fields was not present to accept the award. Mary McDonald, Director of Human Resources, speaking on behalf of the other department directors, announced the nomination of City Manager Ivan Pato for Public Official of the Year. The award is sponsored by Government Magazine and the nomination was submitted July 1 st, by unanimous decision amongst all the department heads. City Manager Pato thanked the staff for this nomination. 5. Proclamations There were no proclamations at this meeting. 6. Citizens' Comments 6.1 Bonnie Miskel explained that on April 13, 2004, she applied for a special exception application for Ocean Properties, a 288 unit 14 story high-rise. She stated that the application was approved on the contingency that nine conditions were met. She stated that they complied with all conditions; however, conditions one and two required the recordation of certain instruments. Ms. Miskel wished to modify the following conditions: 1) Unity of Title for the entire property; 2) Deed Restriction. Ms. Miskel stated that both documents had been executed: the title was prepared and submitted, and the deed was prepared. She indicated that she assumed that the site plan would be approved by April 1 st. The site plan had been delayed as far as submittal. Ms. Miskel asked if both instruments, the Unity of Title and the declaration, could be held until the site plan is approved. She asked if rather than recording both by August 1, 2004, as the condition stated, they could instead be submitted to the City by August 1, 2004. Vice-Mayor Mikes indicated that he wanted the project to move forward in a way that encouraged development in a timely fashion. He wanted City Attorney Ansbro to make changes to the way it had been handled. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. City Attorney Ansbro had no objections to Ms. Miskel's two requests and supported her requests . to hold the document in escrow. He only requested a motion for the City to hold the document in escrow pending site plan approval within six months. Bonnie Miskel assured the Commission that the site plan would be approved in less than six months. Commissioner Flury suggested three months. City Manager Pato stated it was their plan to give the site plan to the Planning & Zoning Board in August. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Anton, to add this item to the Consent Agenda as item 7.10. 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 A motion was made by Vice-Mayor Mikes, seconded by Commissioner Flury, to approve the request with the following condition: the site plan must be submitted within three months. 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 6.2 Debra Wallace, West Dania Beach Boulevard, reported a serious problem with the construction site at 71 S.W. 12th Avenue. She stated that the dust, dirt and noise caused serious problems for residents in the surrounding area. She stated that she received four citations at her home from Code Enforcement. She asked if any studies were done before construction began. She requested an immediate answer in writing and wanted the City of Dania Beach to advise the construction company to put up a canvas wall high enough to protect the neighborhood from dust and dirt. She also requested that the grounds be sprayed with water at least three times a day. Commissioner Chunn indicated he had spoken to members of the neighborhood. He asked City Manager Pato to look into the situation. Vice-Mayor Mikes asked if the situation was indeed a health problem, and if so did it then become a County issue. City Manager Pato indicated he would research this issue. He stated that he would be meeting with the neighbors during the upcoming week. • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. City Attorney Ansbro stated that if there were problems with the soil then the County Health • Department would have to examine the construction area. He explained that the County had to be asked to check the soil. He indicated that the City was not qualified to perform these studies. 6.3 George Jason, 4549 SW 37 Avenue, Dania Beach, stated that he hoped the City approved construction of the First Baptist Church site. 6.4 Bonnie Mills, 4941 SW 44 Avenue, spoke of the Proposed 2005 Budget regarding fire and rescue. She complimented those involved with the grant previously mentioned and asked if funds were available for children on the west side of I-95. She specifically noted the children of Bethune Elementary and Stirling Elementary. Vice-Mayor Mikes spoke about the McTutor's Pilot Program and explained that this was the beginning of a whole series of programs for many communities. He also indicated that the programs were run by volunteers. Commissioner Anton expressed his expectation of the group. He stated that it would become a countywide program, and would involve all the schools, but it would take time. Ms. Mills stated that she was impressed with the budget presentation. She congratulated City Manager Pato and staff. She stated concerns about the uncollected fire rescue fees. She wanted the City to put something in place to address this issue within sixty days. She asked for a monthly report of additional fees. Her second concern was the construction of the new ® firehouse. She explained that the Aquatic Center would need a firehouse nearby in case of an emergency. She asked that the construction of the firehouse be put back into the 2005 budget. Vice-Mayor Mikes spoke about getting a consultant regarding the firehouse. He also stated that the community around the current station location was not eager for a new fire station. He explained that the City was dealing with airport expansion west of I-95, and felt the City employed good judgment on the issue. 6.5 Edward Hall recalled a complaint about Hard Rock Cafe and the auto option, in regards to the traffic in his neighborhood. He indicated that the traffic had subsided, but the tow trucks still caused problems. He stated that police activity had picked up in the neighborhood and he received a call from Chief Cowart informing him that he had sent a letter to Broward County requesting a four-way stop sign be put in the area. Mr. Hall stated that nothing had been done. He asked that signs and speed bumps be put in the area. City Manager Pato agreed with Mr. Hall. He stated that Chief Cowart contacted both the citizen and Broward County. Chief Cowart stated he deployed a Smart Trailer to conduct speed surveys. He also indicated that he deployed extra personnel in areas where there were speeding concerns. He explained that he sent a letter to Broward County Traffic and Engineering and indicated that the four-way stop request was rejected on the basis that it did not meet State criteria. • Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. 6.6 Betty Dowdell, 213 NW 6th Avenue, expressed concerns about escalating water bills. • She explained that her water bill, for sprinklers only, was sixty dollars. She called the City of Dania Beach several times and was told to get a plumber. She stated that she paid $450.00 to have a meter installed. She wanted to know what preparations the City of Dania Beach was making to create better water facilities. She wanted a better system created. She also requested someone to come out and check her water meter. Mayor McElyea stated that the Public Services Director would take care of this issue. City Manager Pato indicated that they would look into the issue. Mayor McElyea recognized Mayor Marks from the City of Parkland in the audience. 7. Consent Agenda 7.1 Minutes Approval of minutes for Regular Meeting of March 12, 2003 Approval of minutes for Workshop Meeting of October 22, 2003 Approval of minutes for Workshop Meeting of June 8, 2004 Approval of minutes for Regular Meeting of June 8, 2004 Approval of minutes for Workshop Meeting of June 21, 2004 Approval of minutes for Special Meeting of June 22, 2004 Approval of minutes for Regular Meeting of June 22, 2004 Approval of minutes for Special Meeting of July 14, 2004 7.2 Travel Expenditures Request by Kristen Jones, Director of Parks and Recreation Department, to attend Florida Recreation Parks Association Conference in Palm Harbor, Florida, August 29-30, 2004, for certification purposes. (Estimated total cost: $340.00) 7.3 Bills There were no bills presented at this meeting. Resolutions 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR ENTRY INTO PATRICK J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury requested an approval for fees for the Patrick J. Meli Aquatic Complex. She stated that the pool was a spectacular Olympic sized pool. She explained that the pool was for all citizens of the City of Dania Beach. She complimented the staff for their work in drafting the grant request, which generated over $1 million. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. JENNE, II, SHERIFF OF BROWARD COUNTY FOR POLICE SERVICES; PROVIDING FOR • CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. ("MC"), FOR THE RENEWAL OF A LEASE OF A SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED BETWEEN NW 3RD STREET AND NW 3RD PLACE FOR CITY USE OF A TEN INCH SEWER MAIN; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH CHAPTER 2004-21, LAWS OF FLORIDA, WHICH SPECIFIES THAT RETIREES MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance by title. Addendum 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY • MANAGER TO PURCHASE CHEMICALS FROM COMMERCIAL ENERGY SPECIALISTS, INC. IN AN AMOUNT NOT TO EXCEED $24,000 IN FISCAL YEAR 2004, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE SUPPORT OF THE CITY COMMISSION FOR THE ADOPTION OF A"PAY FOR PERFORMANCE" PAY PLAN TO BE APPLICABLE TO GENERAL EMPLOYEES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 Request by Bonnie Miskel, on behalf of Ocean Properties, that the Unity of Title and Deed Restriction be submitted to the City by August 1, 2004 and held by the Planning and Zoning Board; and that the site plan be submitted within three months. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to approve the complete Consent Agenda. The motion passed on the following 4-0 roll call vote: Commissioner Anton—yes Vice-Mayor Mikes—yes Commissioner Chunn—yes Mayor McFtyea— out of room Commissioner Flury—yes 8. Bids and Requests for Proposals There were no requests presented at this meeting. • Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. 9. Public Hearings and Site Plans 9.1 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 28 "SIGNS", TO REVISE AND UPDATE THE CITY'S SIGN REGULATIONS; INCLUDING BUT NOT LIMITED TO, SIGN REGULATIONS AFFECTING PROPERTIES ADJACENT TO INTERSTATE-95, INTERSTATE-595, AND PRINCIPAL ARTERIAL ROADWAYS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance by title. City Attorney Ansbro stated that no action was necessary at this time. 9.2 a) SP-83-03 — Request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC., for Site Plan approval for the construction of 27 townhouse units for property located at 5353 SW 40th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MOISES GORIN, ON BEHALF OF VILLAS AT OAK HAMMOCK, LLC., FOR PROPERTY LOCATED AT 5353 SW 40TH AVENUE,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. b) VA-19-04 — Request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC., for Variances and Waiver approval for the construction of 27 townhouse units for property located at 5353 SW 40th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MOISES GORIN, ON BEHALF OF VILLAS AT OAK HAMMOCK, LLC., FOR PROPERTY LOCATED AT 5353. SW 40TH AVENUE, FROM CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the resolution titles for items 9.2a and 9.2b. City Attorney Ansbro requested Quasi-judicial sworn-in presentation by Corinne Church. Corinne Church, Principal City Planner, Community Development Department, presented the request explaining that the applicant was able to address all comments on the site plan with the exception of two conditions: 1) provide recorded copy of the Plat; 2) provide recorded copy of the Unity of Title. She indicated that the applicant requested a variance for type "D" curbing, landscape medians, and a monument sign to identify the entrance of the development. She explained that the waiver request was related to the pervious area. She indicated that the Zoning Code required a 40% pervious area to accommodate stormwater run-off. She noted that the Code allowed a waiver to the requirement if mitigation was provided to accommodate drainage. She presented the applicant's request for tree removal. She indicated that the City Commission must approve the proposed relocation of specimen trees and mitigation. She stated that staff recommended site plan approval with the two conditions for the Unity of Title and the Plat. With regards to the variance, staff recommended approval of the curbing, approval of the Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. landscape median request, and approval of the monument sign providing the dimensions did not exceed 6 feet in height and 10 feet in width. With regards to the waiver, staff referred to the Public Services Director's recommendation of approval. It would be conditioned that the applicant utilize paver blocks wherever possible. With regards to tree removal, staff provided two options: 1) payment of$60,800 for the replacement of the tree value for those that would be removed; 2) plant three trees and then provide $40,530, which is the value of the remainder of the trees. Mayor McElyea opened the public hearing. Bonnie Mills, 4941 SW 44 Avenue, stated she had no objection, but was concerned about the drainage. Manny Soloaski introduced himself as the architect of the project. He explained that they _ designed a drainage system on-site that was a combination of the pervious areas and system of infiltration. He indicated that this combination exceeded the requirements of the Zoning Code. He assured the City that the requirements would be met. He stated that there was no impact on the public right of way. Commissioner Flury asked if they were ready to use pavers. Manny Sloaoski indicated that he would be glad to comply with the tree requirements. He stated that he would be glad to plant the three trees, but only with the consultant's satisfaction. Commissioner Anton expressed concerns about construction to Public Services Director Fernando Vazquez. He wanted to make sure that the construction did not aggravate the situation in regards to flooding. Director Vazquez stated that he was comfortable with what had been presented. Manny Sloaoski indicated that the civil engineer for the project was the same engineer who developed the drainage and site development for the day school; as a result, coordination existed regarding how the projects impacted one another in terms of drainage. Laurence Leeds, Director of Community Development, stated that there would be brick pavers for part of the project. He also indicated that the City could give the applicant option 1 or 2, or recommend one or the other. Bonnie Mills stated that a better use for the space would be a park. She preferred option two. Director Leeds stated that the County was looking for a parcel at the northwest corner of Stirling Road. Vice-Mayor Mikes wanted to know the placement and size of the Live Oaks. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Director Leeds stated the Live Oaks would be eight inches minimum in diameter. He indicated that they had not yet identified a location, but determined that there was room for three eight- inch Live Oaks. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to approve Item 9.2 A) site plan (SP-83-03) and Item 9.2 B) variance (VA-19-04). Item 9.2 B) was approved with the following conditions: 1) the monument sign must not exceed 6 ft. in height and 10 ft. in width; 2) the applicant must utilize paver blocks wherever necessary; 3) the applicant must plant 3 Live Oaks and provide $40,530 to the Tree Fund for trees to be removed. The motion passed on the following 4-1 roll call vote: Commissioner Anton—yes Vice-Mayor Mikes—no Commissioner Chunn—yes Mayor McElyea—yes Commissioner Flury—yes 9.3 a) SP-07-03 — Request by John Bartley, Agent for the First Baptist Church of Dania Holding, Co. Inc., for Site Plan approval to construct a 5,000 square foot place of worship and related parking area. Property located on the east side of SE 2nd Avenue between Sheridan Street and SE 14th Street. (Continued from December 8, 2003 Commission meeting) ® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR THE FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN STREET AND SE 14TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. b) VA- 08-03NA-37-04 — Request by John Bartley, Agent for the First Baptist Church of Dania Holding, Co. Inc., for Variances and Waiver approval for the construction of a 5,000 square foot place of worship and related parking area. Property located on the east side of SE 2nd Avenue between Sheridan Street and SE 14th Street. (Continued from December 8, 2003 Commission meeting) A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR THE FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN STREET AND SE 14TH STREET, FROM CHAPTER 26, ARTICLE IV LANDSCAPING AND CHAPTER 28, ZONING, ARTICLE 6, SCHEDULE OF OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolutions. Corinne Church, Principal City Planner, Community Development Department, indicated that • the applicant was requesting three different actions: 1) Site Plan; 2) Variances; 3) tree removal. Minutes of Regular Meeting 10 Dania Beach.City Commission Tuesday,July 27,2004—7:00 p.m. She indicated that the applicant met all the requirements of the Site Plan. Staff recommended that the applicant revise the color on the trim and molding. The first variance requested was for a wall located 6 feet from the property line, rather than 5 feet. She stated that the other variance requested a waiver of the requirement for a hedge on the outside of the screen wall. She stated the third variance requested consent for 31 parking spaces rather than the 40 that were required. Laurence Leeds, Director of Community Development, indicated that the applicant had provided more landscaping. City Planner Church indicated that this item had been heard by the Planning and Zoning Board twice and stated that the Planning and Zoning Board gave approval of the Site Plan if the landscape requirements were met, and they were. She indicated that staff recommended approval for the site plan, variances, and waiver. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Commissioner Flury expressed concern about the hedge waiver. John Bartley noted Commissioner Flury's concern and explained that the applicant preferred to plant 8-10 trees rather than a hedge. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to approve the site plan, variances, and waiver. The motion passed on the following 5-0 roll call vote: Commissioner Anton—yes Vice-Mayor Mikes—yes Commissioner Chunn—yes Mayor MMcElyea—yes Commissioner Flury—yes 9.4 DR- 34-04 — Delegation Request by Craven Thompson & Associates, Inc., on behalf of Bayard Spector, to amend the plat note by increasing the number of boat slips from 61 to 80, located at 5813 SW 40th Avenue. City Manager Palo asked for a continuance until the next regular meeting on August 24, 2004 at 7:00 p.m. Addendum 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA BEACH COMPREHENSIVE PLAN FOR 120 ACRES, MORE OR LESS, OF PROPERTY DESCRIBED IN EXHIBIT "A" FROM "ESTATE (1) RESIDENTIAL" DESIGNATION TO "CONSERVATION" DESIGNATION; AMENDING THE FUTURE LAND USE ELEMENT TO DESCRIBE CERTAIN ADDITIONAL USES PERMITTED IN THE FUTURE LAND USE PLAN MAP "CONSERVATION" DESIGNATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from June 22, 2004, Commission meeting) Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. • City Attorney Ansbro read the Ordinance title for Item 9.5. Laurence Leeds, Director of Community Development, indicated that the item was continued from the June 22, 2004 meeting. He recommended that the designation be changed from one residential unit breaker to conservation, which more accurately depicted its use. He explained that the change would enable the City to transfer the development density of the property. He stated that Vice-Mayor Mikes expressed concern if the designation was changed it would prevent the City from using the area for drainage. He indicated that the County would change their map to conservation regardless of what the City did. City Attorney Ansbro indicated that it was acceptable to use the area for drainage. Vice-Mayor Mikes stated that he wanted the County to cooperate on drainage and provide a special drainage system. Director Leeds stated he wanted the map amended and stated the area in question could also be designated as Parks and Recreation. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Flury, to continue Item 9.5 until the August 10, 2004 meeting. The motion was 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 congratulated Kathy VanNoorden, City Manager Pato, and Vice-Mayor Mikes for their work on the NOISE Conference. He stated that the conference was successful and attracted many people. He explained that he was not optimistic about the EIS gaining approval. He indicated that they were able to get information out about the airport expansion. He congratulated all the people involved in the Noise Conference. He stated that he wanted someone on the Commission to maintain a membership with NOISE so the City could continue to interact with them. He also commented on the boat races. He stated they were great and he would love to continue the races in the future, providing the races were properly marketed. 10.2 Commissioner Chunn agreed with Commissioner Anton that the races needed more advertisement. He stated the races were excellent. He asked if the Commission would consider doing an in-kind service for the Fire Rescue fees. Vice-Mayor Mikes stated he would support it and asked if funds were available to cover the cost. • Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. City Manager Pato indicated the costs would come from Contingency. A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to waive the fees for the Boat Race. 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 Commissioner Chunn asked Kristen Jones about the use of pools for children going to summer camp. Kristen Jones, Parks and Recreation Director, indicated that both pools were used. Commissioner Chunn commented on the water meter problem and requested that it be looked into. 10.3 Commissioner Flury asked City Manager Pato to give an update on the beach re- nourishment project. City Manager Pato indicated that he had not heard back from the County. He stated that the project would begin late summer or early fall. 10.4 Vice Mayor Mikes stated that he had seen these issues pertaining to complaints of the water meters for a long time. He indicated that the problem was usually not in the meter but in the plumbing. He stated that people should address staff before addressing the Commission. He agreed with Commissioner Anton that the NOISE Conference was well organized. He stated that the organization had professional staff and indicated they were going to the United States' Congress to represent members' interests. He noted that he was upset when the previous City Manager cut membership. He thanked Brenda Chalifour and staff for putting the conference together. He stated that the boat races went well and reiterated the need for maintaining control of the beach when signing a lease. He stated the City needed to use community assets for community events. He noted the agreement made with Florida Atlantic University and stated they received a certain level of cooperation for keeping some natural beach. He thanked City Manager Pato for working on that issue. He indicated the traffic light timer at the Melaleuca Gardens' entrance needed to be reset. He commented on the new swimming pool. He urged residents to be careful of the pool at Meli Park because it was a deep Olympic type pool not suitable for beginners. He stated the Airport Advisory Board was well prepared with presentation copies. 10.5 Mayor McElyea agreed with Vice Mayor Mikes on the Dania Beach issue. He stated that the parking lot was full of cars on Saturday. He stated that the lights were a necessity. City Manager Pato thanked Mayor McElyea. He stated he called Mayor McElyea on behalf of someone in the hospital who needed a vehicle removed and within an hour the vehicle was gone. • Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, July 27,2004—7:00 p.m. 11. Discussion and Possible Action 11.1 Special request by Tom Vlachos, to remove two existing Oak trees from a vacant lot (single family) located at 3700 SW 54th Street. (Community Development) Laurence Leeds, Director of Community Development, described the location of the property. He stated that the applicant removed two Live Oaks and three Sabal Palms. He requested that the applicant replace the three Sabal Palms. In lieu of the two Live Oaks, he recommended that the applicant pay $3,130 to the Tree Fund. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to approve the special request. 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 11.2 Request for a Sidewalk Waiver by Eduardo Sanz, for property located at 4665 SW 34th Terrace. (Community Development/Public Services) Fernando Vazquez, Public Services Director, stated that Mr. Sanz requested a waiver for construction of a new sidewalk. He recommended that no continual sidewalk be placed next to ® Mr. Sanz' property. He stated the Code indicates that Mr. Sanz should have a sidewalk, but he did not see the need for it. Mayor McElyea stated at the time the area was built the County did not require sidewalks. Commissioner Anton stated the street was a dead end. Public Services Director Vazquez agreed that it was indeed a dead end and did not see a safety issue. Eduardo Sanz thanked Corinne Church. He stated he had to rebuild his house and there was no need for a sidewalk because no one would use it. Commissioner Anton did not foresee the need for a sidewalk. He stated he would be in agreement only if when the rest of the area required the construction of sidewalks, Mr. Sanz would be required to put in a sidewalk as well. City Attorney Ansbro stated he would prepare a recordable document on the issue. A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to approve the waiver. The motion passed on the following 4-1 roll call vote: Commissioner Anton—yes Vice-Mayor Mikes—yes Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Commissioner Chunn—yes Mayor McElyea—yes Commissioner Flury—no Addendum 11.3 Update on Pier Restaurant. (City Manager) City Manager Pato read a memo regarding the pier restaurant. He gave a brief history of the pier's construction. He explained that the rising cost of construction for the past two or three years had taken a toll on the project. He also stated they did not previously consider the Americans with Disabilities Act in regards to elevators and ramps. He sought direction from the City because they needed to move forward. He stated they had the means to support the extra costs without having to borrow any money. He indicated that it would require shifting of other beach improvement projects. Vice-Mayor Mikes indicated that he wanted a family style restaurant, not a "Martha's." He did not want a place that served alcohol. He did not want a place that did not cater to families. He stated that he was unhappy that it was not a family style restaurant and that it received a long term lease. He stated he would not support this type of establishment. Vice-Mayor Mikes stated that he would like to see a workshop on the issue. Commissioner Anton stated that the problem he foresaw with this was the current $179,000 invested in the project, which would be lost if the project was halted. Commissioner Flury addressed Vice-Mayor Mikes' comments on the Patrick J. Meli Pool. She indicated she supported the pool and believed the pool was a community pool. She stated that kids would enjoy the pool and argued that those who could not swim should take swim lessons. She stated that she was upset when the price for the restaurant construction went up from $650,000 to $750,000. However, she stated that the original price was from 4 years ago; so it should not have been a surprise that the price went up. She felt the restaurant should be built. City Manager Pato stated that the City had already encumbered $241,000 on the project. He stated that the restaurant was a significantly different building than the City had originally envisioned. Anna Mejia, EDC Corporation, Coastal consultant on the project securing permits from the State, felt confident that they could secure permits for the construction of the restaurant. She stated some issues needed to be addressed: the concrete deck was originally planned for the future use of a restaurant; and they need to clarify if they can approve the project as a restaurant on the pier. This is critical because they do not allow major structures to be constructed seaward of the 30 year erosion projection. If this can be determined, she is confident that we will have a permit. She stated that rules are.changing constantly, so the City needed to act immediately because they do not know if this would be approvable in the future because of the concerns of erosion at this area. She stated that if the erosion control line got reestablished in the future, then there would never be a restaurant, or any other super structure, built on that site. is Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Vice-Mayor Mikes stated he expected a minimum of an additional $300,000 to finish this project. He referred back to the Patrick J. Meli pool and stated that the City almost lost the grant for over$1,000,000 because it would have violated the grant if they did not build a mini pool. He indicated this issue was pushed by the previous City Commissioners. He stated that grants needed to be reviewed in detail. Vice-Mayor Mikes referred back to the pier restaurant and stated that he did not like proposal for 200 seats. He stated that it was too large of a facility. City Manager Pato stated that in the beginning the City was told the facility could be built for $650,000. He explained the pier needed reinforcement before building the restaurant. He also commented that there were already hotdog and hamburger vendors on the beach. Ken Koch, Building Official, explained that the pier structure did not need reinforcement, but the pier deck needed to be reinforced. City Manager Pato indicated he had spoken to Mr. Carbonell, of Super Boat International, and stated that Mr. Carbonell envisioned inviting VIP's to events. Commissioner Anton agreed that he was not enthusiastic about the restaurant, but through the campaign he found many people enthused about the project. He understood Vice-Mayor Mikes' concerns and stated that the proposed renters are reputable and accomplished in this business. He indicated that the City would recoup the money and the City needed to move forward on the issue. • City Manger Pato stated that the proposed renters would come to a Commission meeting if invited. Vice-Mayor Mikes stated he wanted a meeting with the proposed renters and wanted to have a workshop on the issue. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to continue Item 11.3 until the August 10, 2004 meeting. 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". • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. There were no appointments at this meeting. • 12.2 Appointment by Commission of 2 regular citizen members and one alternate citizen member on the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO REGULAR CITIZEN MEMBERS AND ONE ALTERNATE CITIZEN MEMBER ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A FOUR (4) YEAR TERM ENDING APRIL 1, 2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." There were no appointments at this meeting. 12.3 Appointment of 3 members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE 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". There were no appointments at this meeting. 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". Bonnie Mills 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." There were no appointments at this meeting. A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to appoint Bonnie Mills to the Parks, Recreation & Community Advisory Board. The motion was approved on the following 5-0 roll call vote: Commissioner Anton—yes Vice-Mayor Mikes—yes Commissioner Chunn—yes Mayor McElyea—yes Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m. Commissioner Flury—yes 13. Administrative Reports 13.1 City Manager Pato held discussion on celebrating the City's Re-Opening of the Nyberg-Swanson House. He requested a consensus from the Commission. The Commission agreed on the celebration. He asked Kristen Jones to work on arranging the time and date. Commissioner Flury suggested that anyone who previously lived in the house should be invited. City Manager Pato indicated that there was funding for the lighting issue for western communities. He also asked City Attorney Ansbro for an update on the newsrack issue. 13.2 City Attorney Ansbro indicated that a survey of people who have news racks was completed. He stated that he is looking at the Ordinances, and that he would try to have an update for the next meeting. 13.3 City Clerk—Meeting Reminder: Thursday, July 29, 2004 @ 6:00 p.m. — Special Meeting (Abatements) Tuesday, August 10, 2004 @ 7:00 p.m. —Regular Commission Meeting Tuesday, August 24, 2004 @ 7:00 p.m. —Regular Commission Meeting • 14. Adjournment Mayor McElyea adjourned at 10:15 p.m. CITY OF DANIA BEACH ATTEST:. C.K. MCELY, MAYOR-COMMISSIONER � -L_OUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: August 24, 2004 Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,July 27,2004—7:00 p.m.