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HomeMy WebLinkAbout617 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 14, 2004 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:04 p.m. 2. Invocation and Pledge of Allegiance Pastor Torrey Phillips, Gospel of Christ Ministries, 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 Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson 4. Presentations and Special Events Approval Gary Garofalo, Dania Beach representative for the Cancer Society's Jail and Bail, advised that Mayor McElyea was one of the people "arrested" during the Jail and Bail, and raised over $2,000 for his "bail". He presented Mayor McElyea with an award for his support for the American Cancer Society. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Chickie Brandimarte, 101 SE P Avenue, #604, presented a handout to the Commission of Broward County's 2004 Hurricane Evacuation Map and Shelter locations. She remarked the City of Dania Beach does not have one shelter, and she thinks this is unheard of. We need to get • with the times. When people are told to get out of their mobile homes we need to have a place for them to go. She offered her services to man the hurricane shelter herself, if it was available. City Manager Pato responded that Chief Land could provide an answer as to why the shelters are located where they are. Fire Chief Land reported that no shelters can be built in an evacuation area, which would mean all of the buildings east of Federal Highway during a Category 3 hurricane. During a Category 5, all buildings east of I-95 should be evacuated. All shelters are enhanced hurricane protection, which means materials used on designated schools are extra heavy duty, including doors and windows. The older schools have been upgraded at a cost of several million dollars apiece. The School Board provides the Red Cross with a list of shelters, which are then inspected by the Red Cross. He advised a new list of shelters will be updated in December. Commissioner Flury thinks we should communicate with the County or the Red Cross because there are two schools in Hollywood that would be closer than 52°d and Pembroke Road. We should inquire if there is something closer to us. Vice-Mayor Mikes remarked people want to underplay hurricane threats. Some Mayors are pushing for more intense development on the beach, and developers are pushing for it too. The real threat will be the storm surge. The problem is there is nowhere to go, the highways are gridlocked and the hotels have no rooms available. It is a countywide problem that needs to be . addressed. Commissioner Anton remarked we need to contact the EOC and let them know that we have a significant elderly population and a large population that requires a special needs shelter. He has heard a number of people complain about this. He noted that the development in the west creates a problem with runoff because there is no place for the water to go. This issue needs to be addressed, in addition to the shelter problem. City Manager Pato will document the City's concerns. George Jason, 4549 SW 37th Avenue, Ft. Lauderdale, mailing address, was also going to speak about hurricane shelters. He understands the Hollywood Hills School is no longer a shelter. The closest ones are in Hallandale or Ft. Lauderdale. He agrees it needs looking into because we have over 4,000 mobile homes in the area. He also thanked the City for supplying a pickup for debris removal around the City after Hurricane Frances. 7. Consent Agenda City Attorney Ansbro advised Item#7.7 needed to be continued until September 28, 2004 at 7:00 p.m. He also advised Item #9.5 needed to be moved to the Consent Agenda. Commissioner Flury pulled Item #7.11. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. . Vice-Mayor Mikes pulled Item#7.8. Commissioner Anton motioned to approve the Consent Agenda, with the noted changes; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.1 Minutes: Approval of minutes for Budget Meeting of July 26, 2004 Approval of minutes for Abatement Meeting of July 29, 2004 Approval of minutes for Workshop Meeting of August 23, 2004 Approval of minutes for Workshop Meeting of August 24, 2004 Approval of minutes for Regular Meeting of August 24, 2004 Approval of minutes for Special Commission Meeting of September 6, 2004 7.2 Travel Expenditures: Request by Louise Stilson, City Clerk, to attend FACC Career Development Institute in Altamonte Springs, Florida, October 10-15, 2004, for certification purposes. (Estimated total cost: $1,028.20) 7.3 Bills: There were no bills presented at this meeting. Resolutions 7.4 RESOLUTION#2004-147 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE FROM PETROLEUM TRADERS CORPORATION IN AN AMOUNT NOT TO EXCEED $80,000.00 PER FISCAL YEARS 04/05, 05/06, AND 06/07 UNDER B.S.O. BID #4-1-8-066; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2004-148 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF FORT LAUDERDALE, AS SELLER, AND ON BEHALF OF THE CITY OF DANIA BEACH, AS CONSUMER, FOR THE SALE AND PURCHASE OF POTABLE WATER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2004-149 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SCHEDULE OF PERMIT FEES FOR CONSTRUCTION IN ACCORDANCE WITH SECTION 166.222, FLORIDA STATUTES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2004-150 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF DANIA BEACH TO PROVIDE FOR "INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES"; AND Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2004-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THAT AN ANNUAL CITY HURRICANE PREPAREDNESS PLAN BE PRESENTED BY THE CITY MANAGER TO THE CITY COMMISSION ON OR BEFORE JUNE 1"OF EACH YEAR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, Vice-Mayor Mikes requested the City Attorney amend the Resolution because he does not want the information to be in the backup of an item, he wants it to be a public hearing, not a Consent Agenda item, so a verbal presentation is made by the City Manager and the Department Heads. City Attorney Ansbro responded he could amend it to say to be presented at a public hearing of the City Commission. Vice-Mayor Mikes motion to amend the proposed Resolution; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes • Vice-Mayor Mikes motioned to approve the Resolution, as amended; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Vice-Mayor Mikes complimented staff for representing the people they work for and insuring that City facilities were safe. He especially complimented Fernando Vazquez, Director of Public Services. Fernando Vazquez, Director of Public Services, complimented and thanked his staff for their work during the hurricane. Ordinances—(Title read by City Attorney) 7.9 ORDINANCE #2004-029 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "RAVENSWOOD ROAD BUSINESS PARK", PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 3013 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "RAVENSWOOD ROAD BUSINESS PARK"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. • 7.10 ORDINANCE #2004-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE VIII (ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING A NEW DEFINITION AND PROVIDING FOR CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE#2004-031 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT AND RELATED DOCUMENTS BETWEEN THE CITY AND HARBOUR TOWNE ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP PERTAINING TO PROPERTY OWNED BY THE CITY AND COMMONLY KNOWN AS THE HARBOUR TOWNE MARINA PROPERTY; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. Commissioner Flury asked, with respect to construction on the property, if there is approval of conceptual plans. City Attorney Ansbro responded when the tenant wishes to build, he needs approval of the City Commission as the landlord, not as the City Commission, to approve the proposed improvement on the leased property. Secondarily, if they go forward, they have to come back to the City for site plan approvals, variances, etc. Thirdly, when the lease is over in 2040, the City can choose if it wants to accept the Additional New Improvements. Commissioner Flury asked about the Civic Center. The lease talks about the City use of the City's Civic Center, but it says non-exclusive use. City Attorney Ansbro responded he will review the wording and clarify that the Civic Center will be the exclusive use of the City. Commissioner Flury inquired about the new bathroom. City Attorney Ansbro responded it is a carry over from the original 1980 lease that authorized the City to build, if it chose to, a restroom facility for the boat ramps. Vice-Mayor Mikes remarked he has the same concerns as Commissioner Flury on the improvements. He thinks it is important that the City has control over any additional development in the area that might impinge on our use of the Community Center or boat ramps. He is concerned about the wording prior to commencement of construction of improvements by tenant. He thinks a site plan of the current facility should be attached as an exhibit to the Resolution. He is currently bothered by the trailers that are stored in the parking spaces and that residents do not have access to the boat ramps. This property is a gold mine for those people; we • should not give away any of the City benefits because this should have gone out to competitive bid. He would like to see the language changed and the site plan attached as an exhibit. Minutes of Regular Meeting S Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. • City Attorney Ansbro responded he would insure it is made an attachment and will clarify the wording. The 9 parking spaces are for the exclusive use of the City; the 50 spaces should be sufficient for any City function. He advised the applicant is here this evening to answer questions. Mr. John Chason, Attorney for the tenant, remarked they have no plans to interfere with the use of the facilities. He remarked they have to maintain the boat ramps; they have to make sure there are at least 50 parking spaces in front of the Civic Center that are always available for use by the City; and they have no intention of trying to change that. Vice-Mayor Mikes wants language that says the facility will stay as is unless the City gives permission. City Attorney Ansbro will have the wording clarified by the next meeting. Vice-Mayor Mikes motioned to approve Ordinance #2004-031, on first reading; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes • The following Item was moved from 9.S, to the Consent Agenda: PL-41-04 — Preliminary Plat approval request by D.C.E.S. on behalf of Stirling, LLC., for property located at the northwest corner of Stirling Road and SW 35 Avenue. ORDINANCE #2004-028 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "THE FOREST VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35T" AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "THE FOREST VIEW ESTATES PLAT"; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. Bids and Requests for Proposals 8.1 RESOLUTION#2004-151 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING SEPARATE CONTRACTS FOR CONCRETE SIDEWALK CONSTRUCTION AND REPAIRS AS REQUESTED BY THE CITY FROM TIME TO TIME TO MEF CONSTRUCTION, INC., AND THE TAMARA PEACOCK COMPANY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SEPARATE CONTRACTS WITH MEF CONSTRUCTION, INC. AND THE TAMARA PEACOCK COMPANY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. ® City Attorney Ansbro read the title of the Resolution. Fernando Vazquez, Director of Public Services, advised in order to address all the sidewalk issues in the City, the two bids are required. He commented we should be able to do one mile of combined sidewalks this year. Commissioner Flury motioned to approve Resolution #2004-151; seconded by Commissioner Chunn. The motion carried 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. Public Hearings and Site Plans City Attorney Ansbro advised the following are quasi-judicial hearings, and swore in all those who would be speaking. 9.1 AA-35-04 — Request by Howard E. Nelson, Bilzin, Sumberg, Baena, Price & Axelrod LLP, on behalf of NW 791h Station, Inc./Stirling Station, Inc., appealing the Community • Development Director's decision regarding the expiration of a previously approved site plan for the property located at 5813 SW 401h Avenue. (Continued from August 10, 2004 and August 24, 2004) RESOLUTION#2004-153 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY HOWARD E. NELSON, ON BEHALF OF NW 79T" STATION, INC./STIRLING STATION, INC., PROPERTY OWNER, FOR THE LOCATION AT 5813 SW 40T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Larry Leeds, Director of Community Development, advised this is an appeal to staff s decision to deny. The property is surrounded by a condominium, vacant lot and a shopping center in Hollywood. The property was previously approved for a Service Station, Convenience Center and Car Wash on May 14, 2002. The zoning in effect at that time was a Broward County designation allowing the intended use. Because of the annexation, it now has City zoning, which does not allow the intended use. The applicant did not obtain a building permit within the 18 month period of site plan approval. Now the request cannot be approved by staff because the zoning does not allow it. Even if the property was rezoned and received variances, staff still could not support the appeal because the use is prohibited in the current zoning designation. • Howard Nelson, 200 South Biscayne Boulevard, thanked Larry. He advised this has been a 5 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. year process for his client, beginning with Broward County, and Larry and Tom have been very helpful. The site is two parcels with one parcel preserved as a hammock area. They began this process in 1999 with Broward County; they obtained site plan approval from the County and were in the process of obtaining a building permit when the property was annexed into the City. His clients met with City staff and were advised the landscaping plan approved by the County did not meet the City's landscape requirements. They changed the landscape and obtained site plan approval in nine months. They did not take into consideration how long it would take Broward County to approve a modification to their already approved wetlands permit. It took 16 months to receive approval for the revised plan, leaving them one month to make the changes recommended by Broward County. They submitted the plan two weeks before the 18 month deadline, which is not enough time for staff to review and approve a site plan. Staff recommended additional modifications, which were made by the owner. Attorney Nelson presented handouts to the City Clerk, City Manager, City Attorney and City Commission to be included in the record. He advised the City Code allows for the Commission to extend the extension for an additional 18 months when there is good reason for the delay in obtaining the building permit. He remarked the property is not developed and paying the taxes it should pay. He proposed the Commission give them one month to get a building permit back into the City and let it process through. City Attorney Ansbro responded that they have studied this carefully and in his opinion, it is legally permissible for the Commission to extend this and allow the applicant to proceed. It is not their fault the property was rezoned, and they were caught up in the County government • process. Vice-Mayor Mikes asked if they would be willing to landscape other areas besides the property, such as medians or under power lines. Attorney Nelson responded they could definitely work on the medians up and down the road, but they already have considerable landscaping under the power lines. Mr. Leeds remarked he does not object, but they cannot add more landscaping under the power lines. As for landscaping the roadways, one is a County road, and the other is a State road. Vice-Mayor Mikes asked if other properties in the area could be landscaped with their contributions. Mr. Leeds asked if Vice-Mayor Mikes wanted them to contribute to the City Trust Fund, or commit to doing the work themselves. Vice-Mayor Mikes wants them to contribute to the fund voluntarily. Commissioner Anton asked if any feedback was received from the Oaks Condos during the P&Z process. Mr. Leeds responded they received no objections or comments. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. • Commissioner Flury asked if the entrance and exit were in the same location and if it would generate a lot of traffic. Mr. Leeds responded the entrance and exit was on Stirling Road. Mayor McElyea opened the Public Hearing. John Bartley, 201 SE 2nd Avenue, stated he has no objections to it being built. He owns a parcel behind the property and will be installing 8 single family homes. He is also in negotiation with the owner of the vacant 10 acre parcel to develop single family residences. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Chunn motioned to approve the one month extension; seconded by Vice- Mayor Mikes providing a voluntary contribution is made to landscape the area. Attorney Nelson asked what figure was required. Vice-Mayor Mikes suggested $20,000. Attorney Nelson responded they would make a donation to the Trust Fund. He asked if they could have until November 1st to submit the building permit application to the City. Commissioner Chunn and Vice-Mayor Mikes agreed to the November 1s' deadline to submit the building permit application, and make the $20,000 donation. The motion carried on the following 4-1 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury No 9.2(a) SP-05-03- Cape Fear Site Plan Modification, for property located north of SW 45 Street, east of SW 30 Avenue, West of SW 28 Way and south of the Dania Cut-Off Canal. RESOLUTION# 2004-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION #2003-182, ADOPTED AUGUST 12, 2003, TO MODIFY THE SITE PLAN AND LANDSCAPE PLAN (SP-05-03) SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET,EAST OF SW 30TH AVENUE,WEST OF SW 28TH WAY AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. • Larry Leeds, Director of Community Development, remarked the plan has changed somewhat Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. from the original plan. He gave a chronology of the project with the changes to the plan. He advised that access will only be on SW 301h Avenue, and SW 451h Street will only be used for emergency vehicle access. The property, originally dedicated as a passive park, will not be accessible; there will be a wall in front of it, but we can require the applicant to build a wall around it. In order to provide sufficient open space on the site, the original dedication is no longer proposed. Our park is not getting any wider, it is just picking up land adjacent to the southeast corner of it. Michael Shiff, applicant, clarified the property dedication. He originally would have dedicated two parcels; the one still being dedicated on the southwest portion of the site, and then twenty feet along the western boundary of the site. They decided that would have zeroed out their requirement of owing the City any money or land for park dedication. They felt the linear land was not doing the park any good because it is a boat park. In doing this, he owes the City $66,000 that the City will be able to put into the Trust Fund. He commented that he felt it was in the best interest of the City to get the money. Vice-Mayor Mikes remarked he still wants the original property that was going to be donated. He wants at least 10' of it to go back to the City, which would still allow a 25' setback. Mr. Shiff agreed to give the dedicated parcel plus an additional 10' along the side and give half the original amount in cash. ® Mayor McElyea opened the Public Hearing. Paulo, owner of Three's Company Restaurant, commented that no one told him what to do when he got the restaurant, but you can see for yourself what he did. It cost him $72,000, but it came out beautiful. He remarked the answer to this project is yes, because he is improving the City. He commented that progress is coming, so if it is good for the City, you should approve; if it is not, say no. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Mr. Leeds remarked the original dedication did not go all the way to the Canal. If the City takes it all, the unit on the canal will only have a 5' yard setback, and we would like to have at least a 10' side yard setback. Vice-Mayor Mikes motioned to approve, with the changes in the park boundaries and the calculations for the Trust Fund donation; seconded by Commissioner Anton. Mr. Leeds requested the eight other conditions that Staff recommended be attached to the approval. Vice-Mayor Mikes and Commissioner Anton agreed to Mr. Leeds request. The motion carried on the following 4-1 roll call vote: • Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea No Commissioner Flury Yes 9.2(b) ORDINANCE #2004-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ORDINANCE NO. 2003- 016, ADOPTED ON MARCH 25, 2003, FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45T" STREET, EAST OF SW 30TI AVENUE, WEST OF SW 28TH TERRACE, AND SOUTH OF THE DANIA CUT-OFF CANAL("CAPE FEAR" PLAT) IN DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; BY MODIFYING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from August 24, 2004) City Attorney Ansbro read the title of the Ordinance. Mr. Leeds suggested the same recommendation as was made on the Site Plan, with the same conditions. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes motioned to approve with the same conditions in the previous request; seconded by Commissioner Anton. The motion carried on the following 4-1 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea No Commissioner Flury Yes 9.3 ORDINANCE #2004-026 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING SECTIONS 13-21 AND 13- 22 OF ARTICLE II ("SANITARY NUISANCES") OF CHAPTER 13 ("HEALTH AND SANITATION") OF THE CITY CODE OF ORDINANCES; REPEALING SECTIONS 13-23, 13-25, 13-26 AND 13-28 OF ARTICLE II OF CHAPTER 13 AND CREATING SECTION 13-34 OF ARTICLE II OF CHAPTER 13; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Larry Leeds, Director of Development Services, advised this is a housekeeping matter that clarifies the definition of sanitary nuisance, which is one of the most common code complaints. Staff recommends approval. Vice-Mayor Mikes asked how native vegetation was handled along canal banks. He gave an example of Green Buttonwood. He spent a long time along the corridor of Griffin Road getting Minutes of Regular Meeting I I Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. property owners to plant trees and untended vegetation. Larry Leeds, Director of Community Development, clarified that Vice-Mayor Mikes meant vegetation that is intended to be wild and is not like a lawn. This is intended to apply to non- protected vegetation; it is intended for weeds and high grass that does not have the characteristics of mangroves or marshlands. City Attorney Ansbro responded it is defined in the Ordinance. Untended vegetation means grass, weeds or underbrush in excess of 8" in height from the ground, vines or other vegetation. Vice-Mayor Mikes remarked it still doesn't say that anything is exempt. City Attorney Ansbro responded we can clarify that this evening if you want to make an amendment. Vice-Mayor Mikes remarked it needs to have some language that particularly along canal banks, that there are a number of different mangroves and buttonwood that would fall under this definition. City Attorney Ansbro asked what language Vice-Mayor Mikes was looking for. Vice-Mayor Mikes responded he is looking for something that would say where vegetation is planted as a buffer, as enhancement. He is having a hard time with the County cutting them down, and the property owners wanting that as a buffer to not look at the road traffic. He can't think of it right now but suggested continuing this item until the next meeting and Larry could come up with some language for the protected vegetation. Vice-Mayor Mikes motioned to continue Ordinance #2004-026 until September 28, 2004, at 7:00 p.m.; seconded by Commissioner Flury. The motion carried 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 ORDINANCE #2004-027 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA, AMENDING SECTION 18-29.1 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARTICIPATION IN THE GENERAL EMPLOYEES PENSION PLAN BY THE CITY ATTORNEY SHALL BE OPTIONAL; FURTHER, TO PROVIDE THAT THE CITY MANAGER AND CITY ATTORNEY MAY ELECT TO HAVE THE PAYMENT EQUIVALENT TO THE CITY'S PENSION PLAN CONTRIBUTION PAYABLE AS ADDITIONAL COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. ® Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to approve Ordinance #2004-027; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.5 Item#9.5 was moved to the Consent Agenda. 9.6 VA-43-04 —Request by Phyllis and Michael Talotta for setback variances to allow for an addition to an existing single family home for property located at 605 SW 41h Avenue. RESOLUTION#2004-155 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL & PHYLLIS TALOTTA, FROM CHAPTER 28, ZONING, ARTICLE 4, DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR PROPERTY LOCATED AT 605 SW 4 AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of the Resolution. Corinne Church, Principal City Planner, advised a duplex was located to the south and north of the property; a single family home to the east; and SW 4th Avenue is to the west. Two variances are requested: one to provide 4.9' on the side setback, the other is to provide a 5' rear yard setback. Staff recommends approval, providing their comments in the Staff Report are addressed prior to building permit issuance. Michael Talotta and John Bartley were available to answer questions. Mayor McElyea opened the Public Hearing. Lisa Young, President of Dania Beach Heights Civic Association, advised everyone in the association approves of the project and nobody had any objections. Drucilla Unardo, lives next door to the property, and she does not know if she is in favor or against the project. Her concern is that when she acquired the property, there were issues pertaining to the water. Both properties were originally one parcel which was divided into two. Her water meter and lines are located on the Talotta property. She is concerned that she will not have access to her water lines because they would not grant her an easement. She has significant concern about her water line to her property. • John Bartley, Builder, confirmed Ms. Unardo's water line and meter were on the Talotta property. There is no easement, but no one will touch the water line. He advised the City will Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. run a 6" water line in front of her property next year and she will have to hook up. Fernando Vazquez, Director of Public Services, confirmed Mr. Bartley's statement. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Chunn motioned to approve Resolution #2004-155; seconded by Commissioner Flury. The motion carried on the following 5-0 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.7 VA-40-04 — Request by Joan Leto Trust, for a Variance from parking requirements associated with the operation of a House of Worship to allow 11 parking spaces (29 parking spaces are required). RESOLUTION#2004-156 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOAN LETO TRUST FOR NEW COVENANT CHURCH, FROM CHAPTER 28, ARTICLE 6, "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 324 SOUTH • FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Larry Leeds, Director of Community Development, advised the property is an existing strip center with 11 parking spaces provided on site. The House of Worship moved into the plaza and began operating without notifying the City and without obtaining an Occupational License. They were advised we could not issue an Occupational License because they do not meet the parking requirements. City Code would require the shopping plaza to bring the parking lot into compliance. Staff does not support the variance request. The P&Z Board recommended against the request after hearing comments from the Fire Marshall, on first review, but upon second review the Fire Marshall changed his mind. Mayor McElyea opened the Public Hearing. Angie Leto, representing her mother Joan Leto, remarked they rented the space to the New Covenant Church two years ago, which is an allowable use in the zoning district. She indicated that the size of the unit occupied by the Church would require 13.5 parking spaces. The plaza has 11 spaces in the front, and 4 additional spaces are available on the south side, with the property owner's approval. The Church is open Monday, Wednesday and Friday evenings, and also has Sunday morning and evening services. All parking spaces are available when they are • operational because no other business is open at the same time. There has been no conflict to date. She has not received any complaints of noise from any of the neighbors. The tenant has Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. been there for 2 years; not obtaining an Occupational License was an oversight that can be corrected. Dalia Belidor, Church representative, explained it is not like a Church, they are five families that meet to pray, communicate and socialize. They carpool and do not use many parking spaces. It was a misunderstanding on her part to not obtain an Occupational License. She is a Canadian citizen and does not know our laws very well. She requested permission to stay on a temporary basis because they are in the process of purchasing property. Lisa Young, President of the Dania Beach Heights Civic Association, advised they have several members here tonight in opposition of this request. The Church has been there for two years without an Occupational License. It is causing an issue with the residents with regards to traffic and parking. She stated no one in the association approves of this project. Bridget Killeran, 346 SW 1" Avenue, remarked the lot they want to put the parking lot in, has apartments on both sides, and is an empty lot. She remarked there will be a lot more problems with the parking lot there. Sandra Hereda, 346 SW 1st Avenue, remarked there will be more traffic, and the Church will not be there very long. Her neighborhood has a lot of problems with drugs and prostitutes, and they do not want the Church. • Celia Litivan, 342 SW 1st Avenue, remarked she and her neighbors are long-term residents. The Church has good people, but it is going to grow and move. The retail store will bring another type of business and you don't know what kind of people and problems it will bring. She loves the Church but has to think of the future. Fay Bartelmus, 214 SW 2nd Terrace, remarked this is not legal and she sees the problems the First Baptist Church has in building their Church. If you are going to have rules, they should apply to everyone. She thinks this should be turned down because if you do one, you have to do the others. She questioned how the Church could not have an Occupational License for two years. Greg Schaeffer, 350 SW 1st Avenue, remarked he agrees with his neighbors. They are here as a community and they are concerned about their families and the welfare of their neighborhood. They already have an excessive amount of traffic. He remarked he hopes the Church is successful and grows, but wants a quiet neighborhood. Michael Talotta, 605 SW 4"' Avenue, remarked he cannot support this request because of the design. He is mainly concerned about the public safety issue. Midge Fisher, 318 SW 1st Avenue, remarked she opposes this request. She remarked there are more than 4-5 cars parked at the Church. Angie Leto clarified there is only one entrance into her plaza on US 1; there is no rear entrance. There should be no reason for anyone to go on the backstreets to enter the plaza. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. • Fire Chief Land, Dania Beach Fire Department, remarked he and the Fire Marshall generally discuss these things, but something has fallen through the cracks. He stated he is not comfortable with a small entrance to the plaza and not being able to get to the back of the property. He would like to discuss this with the Fire Marshall before this case continues. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Flury motioned to deny the request; seconded by Commissioner Anton. The motion carried 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 Commended staff on the clean-up efforts on the aftermath of the storm. He received many comments from residents on the wonderful efforts of the City staff. Another issue he wanted to address is FP&L, and problems he and his neighbors had in getting service restored after the storm. He will be meeting with officials from FP&L to see if there is some way we can respond to these minor problems when it s simply a matter of a blown fuse. His last comment was on the airport issue. Commissioner John Rodstrom was successful in the primary election, and today at the County Commission meeting, he brought up a pilot program for the properties west of the airport. The motion died for lack of a second, so it is very clear what the County's intent is for these properties. He thinks this is something the City Attorney should be taking up with the airport attorneys. 10.2 Commissioner Chunn Thanked God for being kind to him. The comments by Commissioner Anton regarding the fuses and FP&L are correct. He spent time with FP&L going house to house and the most common problem was blown fuses caused by trees. He remarked the trees should be trimmed prior to storms to prevent some of the problems. He thanked ABC Thrift and Dismus House for helping the community. There was a group of people called ACT that came to help the residents of Dania Beach clean up and they did a great job. He commented on the Boat Race in New York, and he got a call from the publisher of the book from California, and they will be sending a copy of the book. He remarked if anyone wanted to go to the races in Deerfield on October 8-10, to let him know. He will be working at the race in order to obtain more information on the processes involved. 10.3 Commissioner Flury Expressed her thanks and appreciation to the City staff for their work during the storms. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. 10.4 Vice-Mayor Mikes Asked the City Manager about the photos of IGFA which were taken during the boat race. He suggested including them in our Library. City Manager Palo responded he had not seen the video yet. Commissioner Chunn remarked they reviewed it and are in the process of forwarding it to the City Manager. Vice-Mayor Mikes commented it fits in with the marine theme for the City. He wants to make sure our marine facilities and park facilities continue to be enhanced and used for special events. He commented that the City set its tentative millage rate last night. He advised he talked to the City Manager about the 100 Year history book of Dania Beach. He thought some of the books the City was sending out should be signed by City Officials to make it more personal. Commissioner Flury remarked that Myrtle Corbin had a book signing last week. It was interesting that residents asked her and the City Manager to sign their books. Vice-Mayor Mikes suggested a cover page the Commission could sign. It would be good promotional material for the City. Commissioner Chunn commented that the people handling the Pioneer Day event will be making CD's on the history of the City. He advised the City Manager will be contacted. Vice-Mayor Mikes remarked we set the Millage, but we are still keeping some Reserves. When a City is in a position like we are, where we have a threat to our neighborhoods or quality of life, we have to rely on professionals and they cost money. Commissioner Anton commented the plan is to move the people between Ft. Lauderdale and Hollywood, with no mention of Dania Beach. He wonders if they plan on eliminating the City of Dania Beach or if they are figuring that this City will be eliminated by the growth of the airport or incorporated into another City. Vice-Mayor Mikes remarked he would not be surprised. We have a small City quality of life for the first City in Broward County and we have a certain uniqueness that attracts people to our City. He remarked we are elected to represent the people who elected us. City Manager Pato commented that there was not a lot of money involved in this pilot program, it was only$21,000. 10.5 Mayor McElyea Congratulated staff on their hurricane duties and remarked that we have a terrific staff. He is bothered by what he heard about the Building Official having a problem with his contract. He remarked he hoped we can work it out because he feels we have the best Building Official in the State of Florida. • Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. City Manager Pato agreed with the Mayor's comments about the Building Official. He remarked what the Mayor has heard is not exactly accurate. Mayor McElyea commented he does not know what is going on. He asked if our wells were back on line. Fernando Vazquez, Director of Public Services, responded we were back on line. Vice-Mayor Mikes remarked the Commission had a Special Meeting in the EOC Office and authorized the purchase of generators. He asked if they had been purchased. Fernando Vazquez responded we have two loaners from the County, and we are currently assessing our needs. 11. Discussion and Possible Action 11.1 Update on Pier Restaurant (Vice Mayor Mikes) Vice-Mayor Mikes remarked there is a lengthy file available in the Commission room. He indicated we seem to have a structural problem over and above the live load and the beams on the platform. The company that did the first analysis was very concerned that the lateral load, and the wind load, of a single story building would twist the pier and collapse the major structure of the pier. He remarked a 2-story restaurant would have doubled the cost. He remarked there is a problem with using the current code and the old code, if we are grandfathered-in. He commented this hurricane season has been an eye opener to him as to how vulnerable we are on the beach. He asked if we can we file an insurance claim in a few years if something happens to the pier. City Manager Pato asked Ken Koch to address the issues of the code, and asked Mary McDonald to address the issue of insurance. Ken Koch, Building Official, remarked one of the issues when we built the pier, originally, is that the original pier structure is not included in the South Florida Building Code. There was nothing in there on how to design a pier; so it was designed to DOT standards, as if we were building a bridge. It was designed, at the time, by engineers who used the engineering standards available and said the pier would work. Since then, we have a new code that has come into effect, and it incorporates criteria from the State and other design criteria for building bridges and structures of this nature. The engineer that the architect had on staff, was ultra-conservative in reviewing the original pier that we had, and they were looking for information on how the pier was built that we provided to them from the original designers and they did their own calculations on the pier. In using the criteria for the new code, they said the pier would not stand because once we put a building on top, with the wind pressure, it would pull the pier over in a domino effect. They suggested that we go back and reinforce the pier to brace against that. He • advised without using the new code criteria, that is not necessary. We found out when the second engineer came in that the pier, as it stands, will stand; and the pier as it stands with the Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m. • structure on it, will stand. The new structure that we are going to build on top, the restaurant, will be designed and built according to the current standards for the pier. We do not have to go back and reinforce the pier to meet the current standards, it would be money we spend that we do not have to spend unless we want to do it. The current engineer is comfortable that the pier, with the designed structure on top, will stand. Vice-Mayor Mikes remarked he does not see that in the reports he has. He wants to be conservative on this project. He commented that we paid almost S2M to build the pier, and now we are talking another $lM for the restaurant. He wondered if replacement costs on the pier had doubled and is currently $4M. He opposed this from the beginning because it was a bad deal, but now we need to know if the insurance company will walk away from the pier. City Manager Pato responded the information he currently has is that it is insurable and would be replaceable. He asked Mary McDonald for additional insurance information. Mary McDonald, Director of Human Resources and Risk Management, advised the pier is currently insured for replacement value, but not for the $4M figure she just heard. The property report shows the value is $1.6M, plus an additional $300,000 for the north extension. She remarked it is up to the City to declare the actual value that we want to insure for. Vice-Mayor Mikes asked if the pier is lumped in with all other properties, and if she could obtain a letter from the insurance company saying we could continue with insurance if the restaurant is . built. Ms. McDonald responded we can claim whatever value we want, we would just pay higher premiums. City Manager Pato remarked we will obtain comparisons from other cities on the value of their piers. He remarked it would be helpful if the Commission would make a decision to proceed with conditions, or not to proceed. We need direction because the uncertainty level and tension level has escalated and we need direction on how to proceed. Vice-Mayor Mikes remarked if you are going to spend taxpayer dollars, you need the information to make good decisions. If he knew the insurance company would say it was uninsurable, he would have different feelings. Mayor McElyea asked Mr. Koch how much better this pier was than the previous pier. Mr. Koch responded the method of construction has changed dramatically. The engineering used for the Keys Highway was brought into the new pier construction because piers are designed as if they were bridges. The pier is designed in portions that are meant to be washed away. He could not predict the life span of the pier. Commissioner Chunn remarked that he feels more comfortable and confident than he did before. He wanted to clarify that he did not vote against this, he voted to have more time to research so that he could feel comfortable with it. He is willing to agree with the insurance conditions that Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. Vice-Mayor Mikes talked about. He commented if we are going to do it, let's get everything in its place and get it done because he does not want to see it anymore. City Manager Pato commented that the project has moved forward for the past year with the information that became available. He is confident in saying that if the Commission tells us to go forward, they will receive status updates on how we are proceeding and the expected completion date. We will address the insurance questions. He asked Mr. Koch if the restaurant was being built to current code requirements. Mr. Koch responded yes. The pier stands as it is, it can be like that forever. You don't need to do anything to it unless we touch the pier itself. If the pier was more than 50% damaged, we would have to go back and rebuild the entire pier to meet current codes. Commissioner Flury asked Mr. Koch if he was confident the pier was structurally sound to support the restaurant. She asked if we had an engineering report that says it is structurally sound. Mr. Koch responded he does not have the report in his hands because the engineers stopped work pending direction from the City, but he knows they are comfortable that we can move forward and have it stand. He advised the west end of the pier deck will include additional decking which allows for additional pilings. • Vice-Mayor Mikes remarked it sounds like there are three votes to go ahead, so he would strongly suggest putting angled pilings to keep the twist out of it. Commissioner Flury remarked we should vote on it and get it over with. Commissioner Chunn remarked with conditions that is it safe and sound. Vice-Mayor Mikes remarked you need: 1) a reputable PE with experience in this area to sign the documents; and 2) to contact the insurance company before proceeding. He commented he still has problem with the conditions in the lease and the size of the restaurant. Commissioner Chunn motioned to approve, with the conditions set forth by Vice-Mayor Mikes; seconded by Commissioner Flury. The motion carried on the following 3-2 roll call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea No Commissioner Flury Yes 12. Appointments 12.3 Appointment by Commission of two (2) Alternate members to the Code Enforcement Board. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. RESOLUTION#2004-158 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE ALTERNATE POSITION ON THE CODE ENFORCEMENT BOARD;PROVIDING THAT SAID MEMBERS SHALL SERVE A THREE(3)YEAR TERM EXPIRING SEPTEMBER 7, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Current Alternate members Jay Hamilton and Terrell McCombs have expressed their desire to serve another three year term. Commissioner Anton motioned to approve the appointment of Jay Hamilton and Terrell McCombs as Alternates to the Code Enforcement Board for a three year term expiring September 7, 2007; seconded by Commissioner Chunn. The motion carried 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 City Manager Pato advised the rededication of the Nyberg Swanson House would be September 30, 2004 from 5:30-7:30 p.m., and is open to the public. He also commented that he will be meeting with staff from Broward County to make arrangements to display the City's history at the government center during the month of November. Kristen Jones, Director of Parks and Recreation, advised notices for the rededication of the Nyberg Swanson House would be sent out to all the organizations. 13.2 City Attorney City Attorney Ansbro had no additional reports. 13.3 City Clerk—Meeting Reminder: Thursday, September 16, 2004—6:00 p.m. —Abatement Hearing Wednesday, September 22, 2004 - 7:00 p.m. —Final Public Hearing-Fiscal Year 2005 Budget Tuesday, September 28, 2004 - 7:00 p.m. —Regular Commission Meeting Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday, September 14, 2004—7:00 p.m. • 14. Adjournment Mayor McElyea adjourned the meeting at 10:35 p.m. CITY OF DANIA BEACH ATTEST: C.K. MCELYE' MAYOR-COMMISSIONER L;OUISE STILSON -� CITY CLERK APPROVED: September 28, 2004 • • Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday, September 14,2004—7:00 p.m.