Loading...
HomeMy WebLinkAbout628 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 9, 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 Alle i Reverend Timothy Shellman, of St. Ruth Missionary Baptist Church, gave the invocation and all remained standing for the Pledge of Allegiance to the American 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: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Presentation of 3 1" Year CDBG Project and Public Hearing—Bonnie Temchuk Bonnie Temchuk, Assistant to the City Manager, advised staff recommends using the funds for the construction of the NW Community Outreach Center. The property, fencing and lighting were purchased with the 281h Year CDBG Grant; and the 29th Year CDBG Grant was used to contract for the design of the Community Center. The proposed construction cost of the project is $620,340; with a CDBG Allocation for the first year of $242,735 which will require the Commission to allocate $377,605 in the 2006 Capital Improvement Fund. She opened the meeting for public participation and comment. Vice-Mayor Mikes asked if the amount of wood construction had been reduced. Ms. Temchuk responded the new proposal shows that the front porch would have steel beam construction and the foundation would be concrete. 4.2 Presentation by Bruce Caruso and Glenn Morris, of the Dania Beach Fire Department, on the award of two Water Rescue Crafts through the 2005 EMS Broward County Grant Program Bruce Caruso advised last year the Commission approved a Pilot Program to bring the Marine Rescue Safety Division under the Fire Rescue Department. He advised many improvements and training have taken place since that time. He advised they applied for a Water Rescue Grant from Broward County in September and received one, which they call R.E.A.P. (Rapid Extraction of Aquatic Patients). The $20,000 grant, with no matching funds, is to purchase two water rescue crafts. The vehicles travel at 70 mph and all staff will be trained before use. One will be placed to the south in a small area of the beach that is protected by Dania Beach Safety Officers; the other will be to the north at John U. Lloyd State Park, an unguarded beach. These water crafts will be used for rip current rescues, dive rescue instances, water rescue, and hurricane rescue and flood assessment. He thanked Bonnie Temchuk and Captain Glenn Morris for their assistance in obtaining the grant. 4.3 Broward County Land Preservation Bond Program Update (Broward County DPEP) Laurence Leeds, Director of Community Development, advised the Commission requested an update of the County Parks Program which is used to attempt to purchase properties under a willing buyer/willing seller program. He commented the Commission had been provided with a list of sites identified in the City. He invited Scott Park, who is coordinating the program at • Broward County DPEP, to answer the Commission's questions. Scott Park, Broward County DPEP, advised they had been successful in acquiring a few sites: 278A, which is on East Dania Beach Boulevard behind a Mobile Home Park; and Site 449 located on the Dania Cut-Off Canal has been successfully funded through FCT and is currently owned by the City. He advised there is some funding left in the Green Space and the Conservation Land categories. He remarked site 266C is a possible site that is being pursued, however the Port is interested in it for mitigation purposes, and is no longer being pursued by the County. Mr. Leeds advised site 136, on the NW corner of 351" Avenue and Stiring Road, is a heavily wooed site owned by the Spike family and they are not willing to sell. Site 137 is behind Tropical Acres and currently has a single family home located on it and the owner is not willing to sell at this time. He remarked we would like to see both properties developed into parks, but we will not be able to obtain either property. 4.4 Frost Park Recreational Complex Grand Opening Celebration/Dedication - Kristen Jones Kristen Jones, Director of Parks and Recreation, announced the Grand Opening of Frost Park would be Sunday, November 14, 2004 beginning at 12:00 p.m. to celebrate the City's 100th Birthday. The dedication would be at 2:00 p.m., with a proclamation presented by Mayor Ilene Lieberman of Broward County. Games, music, food and beverages will be available throughout the event, with a fireworks presentation capping off the evening at 9:00 p.m. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • 5. Proclamations There were no proclamations at this meeting. Item #9.8 was heard before Item #6 9.8 RESOLUTION#2004-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY ROD A. FEINER, ESQUIRE, ON BEHALF OF DTAG, INC, A/K/A THRIFTY CAR RENTAL, TO ASSIGN COMMERCIAL FLEX ACREAGE (PURSUANT TO THE 20% "EMPLOYMENT CENTER" TO "COMMERCIAL" RULE) FOR PROPERTY GENERALLY LOCATED AT 1600 NE 7T" AVENUE, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised this is a housekeeping matter required by Broward County. The site was previously Budget Rent-a Car, and the County determined after it was built that the applicant should have applied for the flexibility rule. This is • necessary to allow the applicant to resolve some plat issues; it has no impact on our zoning, and the City recommends approval. Rod Feiner, on behalf of the applicant, was present to answer questions and advised the property was once Alamo Car Rental and is now Thrifty Car Rental. They are not expanding the use, it is purely housekeeping. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commission Flury motioned to approve the request; 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 6. Citizen Comments There were no citizen comments at this meeting. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • 7. Consent Agenda Items added to the Consent Agenda: Item #7.4, Resolution#2004-184, was replaced by a revised Resolution. Item#7.6, Resolution#2004-199, was added to the Consent Agenda. Item#7.7, Ordinance #2004-039 was added to the Consent Agenda. 7.1 Minutes Approve minutes for Regular Meeting of October 12, 2004 Approve minutes for Regular Meeting of October 26, 2004 7.2 Travel Expenditures: There were no expenditures for this meeting. 7.3 Bills: There were no bills for this meeting. Resolutions 7.4 RESOLUTION#2004-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE AND TRASH . REMOVAL SERVICES AT DANIA BEACH, INCLUDING PARKING LOT AND LITTER PICKUP FOR A THREE YEAR TERM AT A COST OF $44,691.50 SUBJECT TO C.P.I. ADJUSTMENTS FOR THE SECOND AND THIRD YEARS; PROVIDING THAT THE FOURTH AMENDMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 26, 2004) Revised Resolution #2004-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE AND TRASH REMOVAL SERVICES AT DANIA BEACH, INCLUDING PARKING LOT AND LITTER PICKUP FOR A ONE YEAR TERM AT A COST OF S44,691.50; PROVIDING THAT THE FOURTH AMENDMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2004-190 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR FIRE DEPARTMENT VEHICLES BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH, UNDER WHICH HOLLYWOOD WILL PROVIDE SUCH SERVICES FOR AN AMOUNT NOT TO EXCEED $75,000.00, SUCH AGREEMENT BEING OBTAINED WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 26, 2004) • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • Addendum 7.6 RESOLUTION#2004-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A GRANT CONTRACT (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY) ON BEHALF OF THE CITY, WITH FLORIDA COMMUNITIES TRUST AND BROWARD COUNTY FOR ACQUISITION OF AND IMPROVEMENTS TO BROWARD COUNTY GREEN SPACE SITE NUMBER 449, CONSISTING OF 4.71 ACRES, LOCATED NORTH OF THE INTERSECTION OF SW 45T" STREET AND SW 25T" AVENUE, AND ACROSS FROM "BOATERS' PARK", IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances—(Title to be read by City Attorney) 7.7 ORDINANCE #2004-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • Commissioner Anton motioned to approve the Consent Agenda, with revisions; 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 8. Bids and Requests for Proposals There were no proposals for this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2004-036 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART IX, "CITY PLANNING AND DEVELOPMENT", ARTICLE 2, "CITY PLANNING AND ZONING BOARD", SECTION 1, "ESTABLISHMENT AND MEMBERSHIP")TO PROVIDE THAT A DESIGNEE OF THE BROWARD COUNTY SCHOOL BOARD MAY SERVE AS AN EX-OFFICIO (NON-VOTING) MEMBER OF THE BOARD AS DIRECTED BY STATE LAW; FURTHER, AMENDING SECTION 19-21 ("MEETINGS") OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME OF • MEETINGS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. • City Attorney Ansbro read the title of the Ordinance. He advised this was mandated by State Law. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance#2004-036; seconded by Vice-Mayor Mikes. 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 9.2 ORDINANCE #2004-037 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE ADOPTION OF ORDINANCE 2004-009 TO REINSTATE THE "IROM" ZONING DISTRICT REGULATIONS BY ADOPTION OF ARTICLE 18 "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT"; PROVIDING FOR REPEAL OF CERTAIN TEXT IN ARTICLE 4, "SCHEDULE OF USE REGULATIONS"AND"SCHEDULE OF LOT YARD AND BULK REGULATION" REGARDING THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING) • Cit Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, advised this was another housekeeping item that is necessary because when the IROM was amended the codifier inadvertently left the IROM out of the Code. This puts it back in the Code in its original format. 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 #2004-037; 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 9.3 ORDINANCE #2004-038 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY MARK KIESER, WITH CRAVEN THOMPSON&ASSOCIATES, REPRESENTING STEPHEN ST. CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901 GRIFFIN ROAD - COMPETITION CYCLE CENTER) WITHIN THE CITY • OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • PROPERTY FROM C-3 (COMMERCIAL) TO THE CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro advised the remaining hearings were quasi-judicial and asked those who would be speaking to stand up and be sworn-in. City Attorney Ansbro read the titles of Ordinance #2004-038, Resolution #2004-193, Resolution #2004-194, and Resolution #2004-195, because they all belonged to the same applicant and parcel of property. Corinne Church, Principal Planner, advised this project requires several approvals from the Commission. The property is currently vacant land located under FP&L power lines. The property is currently zoned Commercial but needs to be rezoned to allow the applicant to ask for a Special Exception to allow for outdoor storage, which is the proposed use. Overhead power lines prohibit the construction of a building on the property. The Special Exception is needed for the outdoor storage, which is a permitted use in the zoning district. Staff supports the applicant's request provided the uses are restricted to those identified on the site plan. The Variance is required to waive the 20% Vehicle Use Area (VUA) landscape requirement. The landscaping will provide the maximum buffer between the adjacent properties. The next Variance is for a partial waiver of the interior parking landscape islands that are required. The third Variance is a partial waiver for the Wheel Stop and Curb requirements. In addition, the applicant is requesting a Sidewalk waiver along NW 9th Avenue. She advised the Public Services Director has recommended that a Restricted Covenant be placed on the site to enable the City to have that sidewalk constructed should the road be widened and the sidewalk need to be connected. The Broward Sheriffs' Office also recommends the Sidewalk waiver be granted. She advised access to the site is on the NW corner to limit traffic circulation into the surrounding neighborhoods. A fence is located on the east property line; the eastern quarter of the property has internal landscaping; 70% of the site will be paved vehicle storage and parking; and 30% of the site will be landscaped open space. She commented that Staff recommends approval of the Rezoning; approval of the Special Exception to allow outdoor storage, subject to the conditions in Exhibit "A"; approval of the Variance, subject to conditions in Exhibit "A"; approval of the Sidewalk waiver subject to the recommendation to have the applicant provide the Restricted Covenant; and approval of the Site Plan, subject to the approval of the Zoning change, the Special Exception and Variances, and that the conditions in Exhibit"A" are met. Laurence Leeds, Director of Community Development, advised that beginning tonight, applicants will sign a form similar to that used at the Abatement Hearings, where they agree to the conditions in the Staff Report, plus any additional conditions which are required by the City Commission. This will expedite the permitting process so there is no misunderstanding as to what must be done to implement the will of the City Commission and the City Code. Joe Hammond of Craven Thompson, representing the applicant Steve St. Clair, thanked Corinne Church for a great job in her presentation of their project, and assistance throughout the year they spent working on this project. He presented drawings of the site plan showing the placement of • trees and landscaping to the City Commission. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • Mayor McElyea owns property to the west of the project. H asked what was done to the sewer line on 12t" Avenue. He advised the sewer line is in the middle of the Street and the City needs to have access. He remarked he is in favor of the project, but wants to protect the City. Mr. Hammond responded the survey did not show any Right-of-Way adjacent to the property; but they will be happy to grant a Utility Easement if there is a sewer line located on the property. Fernando Vazquez, Director of Public Services, remarked he will go out and look for the sewer line, and obtain an Easement, if there is one there. Vice-Mayor Mikes asked if they had looked at the lighting to see if it would make the tower and power lines stand out at night so the people in Melaleuca Gardens will be looking at an illuminated tower. Mr. Hammond responded they did not want to light the project, but it is a City requirement. They will be meeting the minimum levels of the City Code. Mr. Leeds responded the Broward Sheriffs' Office required the lights and they will be 20'-25' in height. We intended to have the applicant construct cowls on each light that would direct the light down into the parking lot. This is a requirement of BSO as a safety issue; people will be able to observe it to some extent from Melaleuca Gardens. He advised the entire site has one entrance and a wall on the south property line to act as a buffer; a security fence surrounds the . rest of the property. Vice-Mayor Mikes does not want to see lighting from Melaleuca Gardens. He wants to make sure the residents do not look at the tower at night. Mr. Leeds commented he could make it a condition of the applicant to reduce the lights to 15' in height. Vice-Mayor Mikes asked if there was a specialist who could look at it and make sure he has the low level lighting to cover the project without doing anything to illuminate the power lines and all that we do not want to see. Mayor McElyea commented they can only go 14' in height with FP&L restrictions. He asked where the poles would be located. Mr. Leeds responded he did not know the lights would be 25' in height until tonight. Vice-Mayor Mikes suggested approving everything but the Site Plan tonight, and have a lighting expert look at it. Mr. Leeds suggested the applicant provide a letter from FP&L regarding the height of the lights. They have indicated that FP&L will allow lights up to 20', but if you want to prevent the proliferation of the light on the adjacent property, you could require more lights lower down. He • cautioned when the lighting gets too low, in order to get the coverage on the parking lot, there is Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. sometimes some spillage that goes out horizontally. So, if you make it too low you defeat your purpose. Vice-Mayor Mikes asked who did the lighting analysis. Mr. Hammond responded their Electrical Engineer did the lighting plan; it is 20' poles which have been approved by FP&L. He remarked it is just like any other parking lot. Vice-Mayor Mikes remarked it is not like other parking lots and we have a situation where they may expand Griffin Road. He is trying to plan for the future and he wants to make sure we don't have a situation where the lighting reduces the value of people's homes, or becomes something they are not comfortable with at night. He asked the applicant to come back with an expert at the next meeting. He asked if the fences and walls would be strong enough to catch any debris during a hurricane. Mr. Leeds responded the fences would have to meet Building Code requirements. Vice-Mayor Mikes is worried about an eventual Griffin Road widening and would like it to look nice, so he wants a decent amount of landscaping on the north side. Mr. Hammond responded they have doubled the landscaping requirement on the entire site. Vice-Mayor Mikes knows the type of trees selected are not big canopy trees, which we usually require. He suggested the Commission get a lighting expert to make sure it is proper. The Engineer for Craven Thompson remarked they have done a number of parks throughout the County with sport lighting. He advised that Norman Bray, who is the Engineer who did the lighting for them, worked on a lot of those projects. He remarked the lighting proposal is less than half of the maximum allowed by the City of Dania Beach. Vice-Mayor Mikes remarked he wants a lighting expert at the next meeting. He feels more comfortable placing conditions and suggested placing more lights at a lower level. Mayor McElyea opened the Public Hearing for all the items. Ann Page, candidate for City Commission, asked how many recreational vehicles would be in the parking area. Mr. Hammond responded it is not limited to recreational vehicles; it could be boats or jet skis. Because of the flexibility of not knowing what would be there, or how wide they would be, they took the striping off the plan. He stated the whole site should provide about 300 spaces. Ms. Page asked if they were long-term or short-term storage spaces. Mr. Hammond responded the owner would like long-term, but is not certain if a time has been set. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. Ms. Page asked how they planned on advertising the facility. Mr. Hammond responded he did not know if the property owner has gotten that far. He advised they do not have signage on the property. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Flury is concerned the storage facility may end up as a junkyard. She asked what assurance we could have that it would be a storage facility. Mr. Leeds responded it is basically an enforcement issue. One of the conditions of approval is site specific data which limits it to certain types of vehicles. It cannot be used as a junkyard. He commented there currently is an abandoned School Bus on the property. Mr. Hammond commented the owner of the property also owns Competition Cycle, which is located next to the property. He remarked the owner inherited the School Bus when he purchased the property. Vice-Mayor Mikes remarked we could add protection by putting review requirement in place. He would like a review of the use restrictions in ten years. An Engineer for Thompson Craven asked if it were reviewed in ten years, would the Commission look at restricting it further. The question is what happens in ten years. Vice-Mayor Mikes responded this is an area that will transition, and he is trying to protect the community. Mr. Leeds suggested the conditions that were just mentioned, in addition to the conditions in the Staff Report, be made part of the Variance and the Special Exception. Commissioner Flury motioned to approve Ordinance #2004-038, Rezoning 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 9.4 RESOLUTION#2004-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9T" AVENUE BETWEEN NW 3RD PLACE AND NW 3RD TERRACE, DANIA BEACH FOR A SPECIAL • EXCEPTION USE TO PERMIT OUTDOOR STORAGE UPON 5.7 ACRES IN A C-4 ZONING DISTRICT, AS PROVIDED IN CHAPTER 28, "ZONING", ARTICLE 4.20 "SCHEDULE OF USE REGULATIONS"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. Vice-Mayor Mikes motioned to approve Resolution #2004-193, Special Exception, with all the Staff Recommendations, to allow the applicant to have permission to conduct use in accordance with the conditions for 10 years, and at the end of ten years, the City will have the right to re-review the application; 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 9.5 RESOLUTION#2004-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3RD PLACE AND NW 3RD TERRACE, DANIA BEACH FROM CHAPTER 26, "VEGETATION", ARTICLE VI,"LANDSCAPING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to approve Resolution #2004-194, Variance request, with all the Staff Recommendations, to allow the applicant to have permission to conduct use in accordance with the conditions for 10 years, and at the end of ten years, the City will have ® the right to re-review the application; 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 9.6 RESOLUTION#2004-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3RD PLACE AND NW 3RD TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Mikes motioned to continue Resolution #2004-195 until November 23, 2004, at 7:00 p.m., so that the applicant may bring a lighting expert to the meeting; 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 RESOLUTION#2004-192 A Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. • A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY GUSTAVO CARBONELL, P.A., ON BEHALF OF RICHARD STOFF, REPRESENTATIVE/PROPERTY OWNER OF DNC PROPERTIES, LLC, FOR PROPERTY LOCATED AT 2201 GRIFFIN ROAD, DANIA BEACH, FROM CHAPTER 28, "ZONING", ARTICLE 6, "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS" AND ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Corinne Church, City Planner, advised the building was originally constructed as a house and converted to commercial use. The applicant is proposing a 412 square foot addition which does not require site plan approval. However, they are making changes requiring variances: one to waive six parking spaces where seven are required; the other to provide a one foot east side setback where ten foot is required. Staff recommends approval of both variances, and the applicant has met all conditions. The pole sign will need to be removed because it no longer is permitted by Code. Vice-Mayor Mikes questioned if we were doing the right thing by taking these undersized commercial lots and allowing variances to convert a house into a commercial property. He wondered if anyone was interested in purchasing two or three of the lots together. Ms. Church responded the sites are narrow, which makes assembly difficult. If you assemble the sites you will end up with a long narrow piece of property that may be difficult to develop ® because of the odd shape. Vice-Mayor Mikes remarked if the three were combined they would have better traffic flow, and be able to build a two-story building. He stated these properties are worth a lot of money. Ms Church commented you would still have the same problem with access on and off Griffin Road. Staff did have a concern about the traffic and referred the applicant to DOT, who reviewed the site and recommended approval of the project. Laurence Leeds, Director of Community Development, responded this is an existing business. In an ideal situation, this property would close off their driveway and would utilize and access the gas station to the east, or the business to the west; and we could make it a condition. You can ask the applicant to negotiate with the gas station to provide a cross-access easement; the problem is the City has no legal way to compel the property owner to provide access to the adjacent property owner. City Attorney Ansbro clarified that each parcel is able to be separately sold and developed, and we do not have a right to take it away. We cannot compel the adjacent property owner to grant access to the property. Vice-Mayor Mikes questioned if we should have a policy for properties that front a major highway. There are thee properties in a row for sale, he can't believe that someone wouldn't • purchase all three and provide only one entrance. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. ® Mr. Leeds remarked you can deny the variance, but you can't stop it because it does not require site plan review and it is an existing commercial building. He asked the City Attorney if he wanted to draft an Ordinance that would require a minimum lot size for the commercial properties. City Attorney Ansbro remarked it is something we could study. Commissioner Anton commented he spoke with Mr. Leeds about the possibility of rezoning the Griffin Road corridor, especially on the north side, to make it more viable. He asked what type of problems we were looking at. Mr. Leeds responded we would need to hire a planning firm to examine the entire corridor because every block is different. The problem you will run into, particularly to the west, is that as you increase the depth of the commercial, the people who live in the single-family homes which are now zoned residential, will be uncomfortable with commercial property coming closer to their homes. The perception of the residents will be that you are trying to bring more commercial uses and traffic into their area. Commissioner Anton asked if we ever researched this with the residents. Mr. Leeds replied every time we have a variance, site plan or special exception that relates to business improvement on Griffin Road, the residents are very concerned about the encroachment ® of commercial use. We have never done a comprehensive study, and it would be costly to conduct. Commissioner Anton commented if the south runway goes through, this area up to 25t" Avenue, would be significantly impacted. Mr. Leeds responded everybody who lives west of the airport will be affected. Mayor McElyea opened the Public Hearing. Delores Misilli, advised she was the original owner of the property and came to see how it would affect the property she owns adjacent to the property, and has leased to the Fire Station for nine years. She currently does not live in the area. Mr. Leeds responded it would have no effect on her property to the west. Commissioner Flury remarked she thinks Vice-Mayor Mikes and Commissioner Anton raised good points, but this is a planning issue for us. She does not think this one house will have a major impact on Griffin Road. She would be in favor of approving this, but we need to talk about the long range issue at another time. Randi Smith, 649 E. Sheridan Street, candidate for City Commission, spoke on behalf of Mr. & Mrs. Stoff. She has known them for a long time and they are the type of business owners that would benefit Dania Beach. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. • Mr. Leeds pointed out the driveway is existing and will become smaller to meet FDOT standards. He thinks the Commission would have a legal problem if they require a minimum lot size relating to an existing driveway. He does not think you can deny someone access to property if they have no alternative. 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 #2004-192; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton He thanked staff for helping with the Melaleuca Gardens Association yard sale. He advised the ® Association meeting was scheduled for tomorrow night at 7:00 p.m. in the Commission Chamber. He encouraged everyone to come to the celebration at Frost Park on Sunday, and commented he hoped we would continue to work with the Optimist Club. 10.2 Commissioner Chunn He thanked God for life. He commented that all our parks have improved and are safe for kids. He also thanked the Parks and Recreation Department, AMO, and everyone who helped with the fishing trip for children over the weekend. 10.3 Commissioner Flury She wondered if we could take the issue of Griffin Road seriously before the next project comes up. She suggested we conduct a workshop in the next couple of months to discuss what we want to do in that area. She commented speeding problems on the beach were brought up a few months ago. She is concerned about this serious problem and wondered if BSO could do an assessment of the area. She remembered we had talked about the possibility of a Linear Park on SE 5t", and thought we would get an update on this issue. Fernando Vazquez, Public Services Director, responded the initial price tag was quite expensive so we thought about looking at it in two phases. The first phase would be the drainage, which is the grassy area on the west portion of the Right-of-Way, and is currently used as a stormwater detention basin. This would require a study and we are still assessing the situation to see if we ® want to proceed in phases. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. Commissioner Flury remarked she appreciates the critical drainage issue, but originally the Commission asked for a park on SE 5' , but she did not think anyone was thinking about a phase two. Mr. Vazquez clarified what he meant was one area appears to be more of a landscape area, and the other area was more of an urbanized type Linear Park for biking and rollerblading. He advised we have to take into consideration the storage area that currently exists. Commissioner Flury asked if we could start looking for grant money. Mr. Vazquez responded we can initiate a conceptual design to start showing the landscape features. If we are encroaching or affecting the flood plain, we will have to take into account the cost of the infrastructure solution. He will try to bring a conceptual design forward. 10.4 Vice-Mayor Mikes He commented he started the Linear Park discussion years ago. He does not think the idea was to finish it with one grant, and he sees no reason why we cannot do it in segments. He remarked we once had a student from one of the universities develop a landscape plan for us. He would like to see this again for the Linear Park design. He remarked we need a concept and to develop it year by year. He previously asked for the storm drainage element and the Linear Park to be included in the Comprehensive Plan. He commented on Griffin Road and the airport expansion. He commented the Slot Machine Ordinance passed during the election. He would imagine if this happens our CRA is already out of date because he has a hunch there will be a major project behind Dania Jai Alai. He remarked he voted no tonight on the project on Griffin Road because there are three parcels for sale. He wondered why somebody did not buy them and merge them into one parcel. He commented land values are getting really high and they could put a good project in with a two story building. If we keep approving these, and they keep putting more investments in the buildings, it reduces the possibility of someone purchasing more than one parcel. - Mr. Leeds responded that staff is working on a new zoning district called Residential Office Zoning District, as requested by Commissioner Flury. This would be similar to what is used in Hollywood. The district would have a minimum lot size of two lots. He indicated we could take a look at it and bring it back to the Commission. 10.5 Mayor McElyea He remarked he felt good about the comment made earlier about how nice the Commission Chamber looks. He commented under City Manager Pato's leadership and staff, this City Hall has come a long way, and the City has come a long way. He congratulated everybody. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 9, 2004—7:00 p.m. ® 11. Discussion and Possible Action 11.1 Request by Nancy Rose Williams, d/b/a Rose for renewal of the Palmistry/Fortuneteller business license for property located at 1410 S. Federal Highway. (Community Development) Nancy Rose Williams was present to answer any questions from the Commission. Commissioner Flury motioned to approve the renewal of the business license; 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 11.2 Request that poll workers be contracted through the Supervisor of Elections Office. City Attorney Ansbro advised we obtained an agreement from the Supervisor of Elections Office stating they would have total control over where poll workers are assigned. He remarked the City Commission would have no control over where the workers are located, or if they get rotated. He commented they could be workers that do not live in Dania Beach. ® Vice-Mayor Mikes remarked he generally is in favor of anything that is cheaper and would give us more integrity in the election process. He remarked we had problems in the past, and he sponsored an amendment to the Charter so relatives would not work in the same location. He remarked it has become so expensive and burdensome to the City Clerk, and he heard this from the previous City Clerk, it is not just this City Clerk. He wished the County would adopt some of our standards to not allow two related people to work at the same precinct at the same time. He does not think it is bad idea to have workers come in from other cities. He thinks we have no choice but to go this way because it really is too much for us to handle. He stated he would support the City Clerk in this request. City Attorney Ansbro asked if there was a consensus to bring forward an Ordinance. The consensus of the Commission was to bring forward an Ordinance at the next meeting. 12. Appointments 12.3 Re-Appointment of 2 members to the Dania Beach Housing Authority RESOLUTION#2004-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RATIFYING AND AFFIRMING THE REAPPOINTMENT OF TWO MEMBERS TO THE DANIA BEACH HOUSING AUTHORITY; PROVIDING ® THAT SAID MEMBERS SHALL SERVE A FOUR (4) YEAR TERM, ENDING OCTOBER 31, 2008; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. Mayor McElyea reappointed Sophie Steele, and appointed Carl Kresa, to serve four-year terms on the Dania Beach Housing Authority. 12.4 Re-Appointment of 2 members to the Code Enforcement Board RESOLUTION#2004-198 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE RE- APPOINTMENT OF TWO REGULAR MEMBERS ON THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A THREE (3) YEAR TERM EXPIRING NOVEMBER 10, 2007; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury reappointed Gary Luedtke and Richard Bettor to three-year terms on the Code Enforcement Board. Commissioner Flury motioned to approve the appointments to the Dania Beach Housing Authority and the Code Enforcement Board; 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 Attorney City Attorney Ansbro-had nothing further to report. 13.2 City Manager City Manager Pato reminded the Commission of a Memo regarding lighting for East Dania Beach Boulevard for an FDOT project. He has heard from Commissioner Flury, but needs to hear from the rest of the Commission by November 15th. He asked the Commission if they would be interested in putting a General Obligation Bond on the March ballot. He advised we will be happy to do some research for the Commission, if there is interest. Vice-Mayor Mikes responded it probably is a good idea because we are talking about spending a lot of money in the next few years. One problem we have is that we never asked the public if these are projects they would support. As a follow-up to the Linear Park, he thinks it is part of the storm drainage system in the area and there is some rationale in taking some funds out of there. He does not know if it will be expensive, and thinks we can get a lot donated and perhaps we can get some expertise donated by a university. He commented the real problem is to make ® sure everything fits into the legal format of the easements. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m. Commissioner Anton remarked we will be setting up a workshop on the Griffin Road issue, so • perhaps we should give the Commission time to think about it. City Attorney Ansbro pointed out the deadline date of January 17, 2005 to have the referendum items to the Supervisor of Elections Office. Commissioner Flury remarked the CIP might be better served than a bond issue. She asked the City Manager to do some research. City Manager Pato responded he would speak with the Finance Director in the morning. 13.3 City Clerk—Meeting Reminder Wednesday, November 10, 2004— 1:00 p.m. —Executive Session for Union Negotiation Friday,November 12, 2004—2:00 p.m. —Charter Review Workshop Thursday,November 18, 2004—6:00 p.m. Abatement Hearing Tuesday,November 23, 2004—7:00 p.m. —Regular Commission Meeting Tuesday, December 14, 2004—7:00 p.m.—Regular Meeting Wednesday, December 15, 2004—9:00 a.m. —Breakfast Meeting with BSO 14. Adjournment ' Mayor McElyea adjourned the meeting at 9:25 p.m. CITY OF DANIA BEACH _ATTEST: C.K. MCELYE `- MAYOR-CO ISSIONER '-LOUISE STILSON CITY CLERK APPROVED: November 23, 2004 Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,November 9,2004—7:00 p.m.