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HomeMy WebLinkAbout2003-01-28 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 28, 2003 7:00 P.M. 1.- CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: * Rev. Tannie Lewis, Gethsemane Missionary Baptist Church 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino Bob Mikes C.K. McElyea City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Reverend Tannie Lewis, 302 NW 8th Avenue, expressed his concerns in regards to how his sidewalk was installed on his property about a year ago with CDBG grant funds. Despite the many times he has requested City staff to fix the sidewalk, there continues to be a problem. Commissioner McElyea advised that he visited the property and concurs with Reverend Lewis that something needs to be done. City Manager Pato agreed to look into the matter. 4.2 Bobbie H. Grace, 110 NW 8th Avenue, mentioned the success of this year's Martin Luther King, Jr. events. Ms. Grace commended the City of Dania Beach and its elected officials for doing such a good job. 4.3 Lizz M. Bartolo, 2901 SW 52"d Street, on behalf of the Optimist Club of Dania Beach, mentioned that the Club meets at Patrick J. Meli Park. Ms. Bartolo listed many accomplishments of the club and enhancements to the park at the club's expense. However, she requested nightly police monitoring, a perimeter fence surrounding the multi-purpose field, installation of sod, roof repair on the existing .field house, and additional planting of trees to help improve Meli Park. MINUTES 1 JANUARY 28, 2003 CITY OF DANIA BEACH Commissioner Bertino asked Ms. Bartolo whether the Parks and Recreation staff were aware of the situation. Ms. Bartolo advised that staff knows about these issues and that this has been an on-going problem for about a year and a half. City Manager Pato thanked Ms. Bartolo for bringing this information to his attention and agreed to look into the matter. 4.4 Evangelist Lauren Fairchild Dixon, 1301 W. Dania Beach Boulevard, requested improvements in the area where she lives, such as street lighting and sidewalks and expansion of Dania Beach Boulevard. City Manager Pato agreed to submit a report on the status of West Dania Beach Boulevard at the February 12 Commission meeting. 4.5 Yolanda Gernant, 2740 SW 46 Court, requested street lighting installation in her neighborhood. She mentioned a sewer project that has not been completed in the area and after contacting the Broward County Office of Environmental Services, she was told it was a City sewer project. City Manager Pato confirmed that the project is a Broward County sewer project and that staff is contacting Broward County on the progress. City Manager Pato explained that the City has set aside $50,000 for lighting in the western part of the City and that Florida Power & Light is supposed to assign a representative to the area. • Mike Sheridan, Public Works/Utilities Director, advised that staff is in contact with Broward County on a daily basis in regards to the sewer project and added that the County is completely responsible for its completion. 4.6 Patty Hart, NE Dania Beach, invited the public to attend Candidates Night on Wednesday, February 5th, at 7:00 PM, at the Danians Clubhouse, 549 E. Dania Beach Boulevard. 4.7 Karen Drayton, 1426 NW 7th Street, commented on CDBG grants and urged the City to bring good educational programs to youth coming out of jail, instead of closing streets and creating one-way streets with CDBG grant funds. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation of Dr. Herman Wrice awards: Sophie Steele Merita Mitchell Commissioner Mikes explained that last fall he sponsored a community award, in memory of Dr. Herman Wrice who fought drugs throughout hundreds of cities in the United States with remarkable success. Dr. Wrice passed away in Dania Beach while working on a project to fight drugs for the benefit of the future generations of the City. Commissioner Mikes advised that Sophie Steele and Merita Mitchell, members of the Dania Beach Housing Authority, were involved in many battles against drugs and • prostitution. He pointed out that a march was conducted against the drug infested apartment building 803, until it was closed which has now become the BSO sub-station. MINUTES 2 JANUARY 28, 2003 CITY OF DANIA BEACH There have been organized neighborhood clean-ups; ordinances presented to the t Commission to control landlords who were leasing to individuals involved in drug trafficking; organized holiday parties for children; blood drives; holiday meals for needy people; the purchase of the Dania Beach drug dog and many more. Commissioner Mikes asked the City Manager to present the plaque to the two award recipients. Vice Mayor Flury read a letter received from Dr. Wrice's family thanking Commissioner Mikes for establishing the award and extending their warmest thanks and congratulations to Sophie Steele and Merita Mitchell. 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner McElyea pulled Item 7.10 and Commissioner Bertino pulled Item 7.14. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: ® Approval of minutes for Workshop Meeting, July 8, 2002 • Approval of minutes for Regular Meeting, October 22, 2002 7.2 Travel Expenditures- NONE 7.3 Bills: NONE Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, TRANSFERING FUNDS FROM GENERAL FUND CONTINGENCY ACCOUNT TO INDIVIDUAL LINE ITEMS AND APPROPRIATING FUNDS IN THE TREE PRESERVATION FUND FOR THE FISCAL YEAR 2002-2003, AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH RUSS KLENET &ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE CRA, AIRPORT EXPANSION, DREDGING AND OTHER RELATED ECONOMIC DEVELOPMENT MATTERS OF CONCERN TO THE CITY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING THE CONSTRUCTION OF THE CALYPSO LIQUEFIED PETROLEUM NATURAL GAS PIPELINE PROPOSED TO BE CONSTRUCTED THROUGH A PORTION OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • 7.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA MINUTES 3 JANUARY 28, 2003 CITY OF DANIA BEACH BEACH, FLORIDA, OPPOSING THE CONSTRUCTION OF'' THE AES ® LIQUEFIED PETROLEUM NATURAL GAS PIPELINE PROPOSED TO BE CONSTRUCTED THROUGH A PORTION OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2003-2004) IN THE TOTAL AMOUNT OF $216,723.00; AUTHORIZING AN APPROPRIATION OF AN ADDITIONAL $8,416.00 FROM THE DANIA BEACH TREE TRUST FUND; FOR A TOTAL OF $225,139.00; PROVIDING FUNDING FOR DESIGN OF THE FUTURE COMMUNITY OUTREACH CENTER IN THE AMOUNT OF $75,000.00 AND NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $150,139.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT AGREEMENT UPON ITS AWARD; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 a) A RESOLUTION OF THE CITY DANIA BEACH, FLORIDA, DETERMINING THAT REAL PROPERTY LEGALLY DESCRIBED AS THE NORTH 126.36 FEET OF THE SOUTH 796.36 FEET OF THE WEST 85 FEET OF TRACT 16 OF SEABOARD FARMS, RECORDED IN PLAT BOOK 18, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, IS SURPLUS PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL • ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG THE QUALIFIED BROKERS; FINDING THAT AN APPRAISAL OF THE REAL PROPERTY HAS DETERMINED THE VALUE OF THE PROPERTY TO BE FORTY THOUSAND ($40,000) DOLLARS; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SALE OF THE REAL PROPERTY WITH THE SALE CONTINGENT UPON APPROVAL BY MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. b) A RESOLUTION OF THE CITY DANIA BEACH, FLORIDA, DETERMINING THAT REAL PROPERTY LEGALLY DESCRIBED AS LOT 15, BLOCK 2, COLLEGE TRACT, RECORDED IN PLAT BOOK 19, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, IS SURPLUS PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG THE QUALIFIED BROKERS; FINDING THAT AN APPRAISAL OF THE REAL PROPERTY HAS DETERMINED THE VALUE OF THE PROPERTY TO BE NINE THOUSAND ($9,000) DOLLARS; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SALE OF THE REAL PROPERTY WITH THE SALE CONTINGENT UPON APPROVAL BY MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. • MINUTES 4 JANUARY 28, 2003 CITY OF DANIA BEACH C) A RESOLUTION OF THE CITY DANIA BEACH, FLORIDA, DETERMINING THAT REAL PROPERTY LEGALLY DESCRIBED AS LOT 12 IN BLOCK 5 OF TOWN OF DANIA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, IS SURPLUS PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG THE QUALIFIED BROKERS; FINDING THAT AN APPRAISAL OF THE REAL PROPERTY HAS DETERMINED THE VALUE OF THE PROPERTY TO BE EIGHT THOUSAND ($8,000) DOLLARS; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SALE OF THE REAL PROPERTY WITH THE SALE CONTINGENT UPON APPROVAL BY MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 7.11 A RESOLUTION OF THE .CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING CITY OFFICIALS TO EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT FOR RAILROAD CROSSING TRAFFIC CONTROL DEVICES TO BE LOCATED AT DANIA BEACH BOULEVARD AND THE FEC RAILWAY TRACKS, SUCH AGREEMENT TO BE ENTERED INTO BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORATION, FLORIDA EAST COAST RAILWAY, LLC, AND THE CITY • OF DANIA BEACH; PROVIDING FOR SHARED ANNUAL MAINTENANCE COSTS WITH THE FEC RAILWAY OF CROSSING CONTROL DEVICES (FAP NO. OOS4-002 AND FDOT/AAR CROSSING NO. 272574-P); PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES -TITLE TO BE READ BY CITY ATTORNEY 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CLARIFY THE COMPENSATION OPTION AFFORDED MEMBERS OF THE CITY COMMISSION WITH RESPECT TO PARTICIPATION IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO WATER AND SEWER SERVICES; AMENDING SECTIONS 27-23 AND 27- 55 OF THE CITY CODE OF ORDINANCES TO CLARIFY THAT SERVICE DEPOSITS TO BE REFUNDED TO CUSTOMERS WHO MEET THE REQUIREMENTS OF CERTAIN CRITERIA SHALL BE BASED ON A TWENTY- FOUR (24) MONTH RECORD; FURTHER, SPECIFYING THAT THE MAXIMUM INTEREST PAYABLE ON SUCH DEPOSITS SHALL BE CALCULATED AT A RATE USING SUCH TWENTY-FOUR (24) MONTH PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR • AN EFFECTIVE DATE. (FIRST READING) MINUTES 5 JANUARY 28, 2003 CITY OF DANIA BEACH 7.15 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING • RESOLUTION 340 APPROVED ON OCTOBER 23, 1979; WHICH ESTABLISHED A CANDIDATES' ELECTION COMMITTEE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of items 7.10 and 7.14. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes At this time, City Manager Pato asked Russ Klenet, Russ Klenet & Associates, to update the Commission on the Election process. Russ Klenet reported that at their meeting today, the Broward County Commission voted to approve additional funding for the Office of the Supervisor of Elections and that a contract was reached with ES & S, the manufacturer of the voting equipment, for them to take over project management, tabulation and training of the Voting Systems Technicians. Mr. Klenet added that all VST's have been trained and are ready for the February 11 Primary Elections. Mr. Klenet also mentioned that he has been working with the City on the CRA and airport issues and that, although he considered this to be a difficult budget year, there • were some additional drainage funds that will become available to the City. Mr. Klenet suggested having a workshop to discuss these and other items of interest at a later date. ITEMS PULLED FROM THE CONSENT AGENDA: 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE POSITION CLASSIFICATION PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner McElyea asked Mary McDonald, Administrative Services Director, to confirm whether all employees' positions were included in the Classification Plan. Director McDonald explained that there was a revised second page as back-up to this item which showed that all positions are covered by this Classification system including the Fire Chief. She added that this was strictly a classification of job titles and job descriptions, no salaries or grades are included. A motion was made by Commissioner McElyea, seconded by Vice Mayor Flury, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes • Commissioner Mikes-yes MINUTES 6 JANUARY 28, 2003 CITY OF DANIA BEACH 7.14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND THE DANIA BEACH CHAMBER OF COMMERCE PERTAINING TO PORTIONS OF PROPERTY OWNED BY THE CITY AND KNOWN AS THE NYBERG-SWANSON HOUSE; 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) Commissioner Bertino mentioned that Attorney Karl Adler would like to address the Commission on the term of the Chamber lease. Attorney Adler explained that the Nyberg-Swanson house was his childhood home, where he lived for about ten years, which is why he has a special interest in the house. He explained that he is a pro-bono attorney for the Chamber of Commerce. Attorney Adler said he agreed with all terms of the lease but asked the Commission to reconsider the period of time proposed in the lease agreement. Attorney Adler presented the City Commission with a historical document, a fruit cake recipe that was written by his grandmother on his grandfather Karl Gus Nyberg's letterhead. Commissioner Mikes clarified that the City is trying to prevent groups from using the Nyberg-Swanson house and if it is agreed that the Chamber continues to lease the building, he would not want the term of the agreement to be longer than two years. • Discussion followed between the Commission and Attorney Adler in regards to the term of the agreement and preserving the integrity of the house the way it was meant to be as a historic place kept in the oldest town in the county. A motion was made by Vice Mayor Flury seconded by Commissioner Mikes, adopting the ordinance on first reading as presented. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 9-3 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CLARIFY THE LAW APPLICABLE TO FUNERAL SERVICES CONDUCTED WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor Chunn opened the public hearing. Hearing no comments in favor of opposition, • Mayor Chunn closed the public hearing. MINUTES 7 JANUARY 28, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, adopting the ordinance on second and final reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART II, ARTICLE 3, SECTION 4 AND PART XII, ARTICLE 5, SECTION 3) TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE, FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS UP TO AND INCLUDING THE AMOUNT OF FIFTEEN THOUSAND ($15,000.00) DOLLARS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Bertino asked staff if the ordinance only applied to funds that have been budgeted. • Pat Varney, Finance Director, explained that the ordinance refers to changing the purchasing limit authority of the City Manager for supplies, services, materials and equipment from $7,500 to $15,000. This would allow the City Manager to purchase all items plus emergency items up to $15,000. All purchases exceeding the $15,000 limit would continue to be approved by the City Commission by resolution in accordance with the Charter sections covering special purchases, emergency purchases, bid projects, and purchases without advertisement for bids under local, state or national bid contracts. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, adopting the ordinance on second and final reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ENCROACHMENT AGREEMENTS ON BEHALF OF THE CITY OF DANIA BEACH, WITH VARIOUS OWNERS OF PROPERTIES WHOSE LANDS ABUT PROPERTY OWNED BY THE CITY, WHICH PROPERTY IS COMMONLY KOWN AS THE "FIRE STATION 93 SITE", SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Chunn opened the public hearing. MINUTES 8 JANUARY 28, 2003 CITY OF DANIA BEACH Chris Johnson, 4614 SW 301h Way, asked if the $300,000 insurance policy should be purchased by each individual owner for any kind of encroachment. He further said that he did not think it was fair to have to pay this amount of money for only a retainer wall to hold the land from falling down, which is all that is required of his property. City Attorney Ansbro confirmed that the insurance will guarantee that there is sufficient money to compensate anybody who might get injured or killed. Commissioner Mikes advised that the property in question is owned by the taxpayers of the City and the City should not be responsible to pay if anybody gets hurt. He added that the City was very generous to allow the encroachments for a period of time until the City decided what to do with the property. Commissioner Mikes suggested that Mr. Johnson might wish to move the encroachment that trespasses the City property line so he would not have to buy the insurance. Jay Field, 4501 SW 30th Way, opposed allowing the owners to enter into the encroachment agreements. He mentioned that some encroachments are still on City property and that there is one neighbor who built a fence on City property, which has not yet been removed. Mike Sheridan, Public Works/Utilities Director, explained that Mr. Field is referring to Mr. Donovan's property. He further advised that staff has arranged to meet with Mr. Donovan shortly to address this issue. Mayor Chunn closed,the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, continuing Item 9.3 to the February 12, 2003, Commission meeting, to allow further staff review. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.4 SP-41-02 — A Site Plan Request by Gus Aguirre of Associated Engineers of South Florida, Inc., representing John Leto, to construct a 9,100 square foot shopping center and 20 town home units. Property located on the south side of Griffin Road, west of SW 27th Avenue, and east of the Thunderbird Mobile Home Park. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GUS AGUIRRE OF ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. REPRESENTING JOHN LETO, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GRIFFIN ROAD, WEST OF SW 27T" AVENUE AND EAST OF THE THUNDERBIRD MOBILE HOME PARK, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. At this time, City Attorney Ansbro advised that Item 9.4 is a Quasi-Judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in MINUTES 9 JANUARY 28, 2003 CITY OF DANIA BEACH accordance with the Jennings Ruling, must report all communications. Attorney Ansbro • presented the Oath to all those desiring to speak on the item. Commissioner Bertino made a disclosure that he spoke with the applicant. Laurence Leeds, Growth Management Director, explained that the Site Plan proposes a 9,100 square foot retail building in the front of the parcel and 20 town home units to the rear. The developer will be replacing most of the existing vegetation. Director Leeds also explained that each town home provides a one car garage and two parking spaces out front. He pointed out that with this arrangement some garage doors will be difficult to open if there is a vehicle parked in the garage, therefore, staff recommends modifying the interior access to the garage door. Director Leeds advised that staff recommended approval with landscaping conditions 1 thru 8, listed on Attachment "A" of the Staff Report and with the approval of the Public Works/Utilities Director and the Fire Marshal. The Planning and Zoning Board concurred with staff recommendations and also requested that the applicant install a six-foot concrete wall along the south and east lot lines pending confirmation by the Public Works/Utilities Director that there were no easements in the areas. Further discussion followed among the Commission and Director Leeds in regards to the utility easements located on the east and south lines of the property and the possibility of introducing more green space to improve the appearance on the Griffin Road side. Gus Aguirre, Associated Engineers of South Florida, Inc., representing the applicant, explained that they are willing to comply with the conditions recommended by staff. In regards to the recommendation of the Planning and Zoning Board to install walls on the south and east sides of the property, Mr. Aguirre pointed out that because of the utility easements on the east side of the property, the Hurricane Code would not recommend building a wall. In connection with the south side of the property, Mr. Aguirre commented that in order to keep the project more consistent and uniform, they would like to have a fence installed on the east, west and south sides of the property. Discussion followed among the Commission and Director Leeds in regards to the garage doors, the number of square feet for each unit and the fact that these town homes will be "For Sale" only and no rentals will be allowed. Commissioner Bertino expressed his concern that garages are sometimes converted into bedrooms, hence the need to have more parking space provided. Director Leeds clarified to the Commission that the applicant has exceeded the parking spaces required by the Code. Mayor Chunn opened the public hearing. Charles Shoft mentioned that he owns 14 acres at the bottom half of the lake and the south end of the property. He requested that a concrete wall be installed on the south side and expressed concern with people fishing at his dock and severe drainage impacting his property. Director Leeds explained that the drainage situation will be reviewed by the Public • Works/Utilities Director when the applicant submits a building permit plan. MINUTES 10 JANUARY 28, 2003 CITY OF DANIA BEACH Mr. Aguirre confirmed that there would be no problems with storing the water on site and • that their calculations are based on agency requirement. Mike Sheridan, Public Works/Utilities Director, advised that both State and County regulations require all water to be maintained within each property. Property owners of sites that exceed two acres are also required to have a storm water permit which should be renewed every five years to make sure the permit is in compliance. Bob Adams, 330 SE 3rd Terrace, supported the request and commended Mr. Leto for his quality work. Mayor Chunn closed the public hearing. Vice Mayor Flury mentioned her concerns regarding the drainage issue and asked staff to put all their efforts into making sure that no future drainage problems exist. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting the resolution (SP-41-02) subject to the following conditions: Staff recommendations that applicant revise landscape and site plan to address landscape comments in Attachment"A" as listed as follows (Items 1-8): 1) Provide ground cover in the landscape islands of the commercial property and label the sod in the Right-of way. 2) Revise the site and landscape plans to concur with the lighting plans for the location of all site lighting and adjust the landscaping or site lighting accordingly. 3) Provide a minimum of 6' of wood to the plant list for all the proposed palms. Additionally, add three more Saba[ Palms to meet the proposed 42 replacement-plant count. 4) Provide a note on the detail cross section E-E that the relocated Oak trees proposed for this area shall be planted at a grade equal to the grade of the adjacent interior driveway. 5) Provide a note on the detail cross section E-E that the relocated Oak trees shall be located in area wide enough to accommodate the relocated trees root ball for planting. 6) Provide any proposed grade changes near the existing preserved trees on the landscaping plans to determine if tree wells or retaining walls will be needed. Lastly, add the minimum 90-day root pruning to the tree relocation notes. 7) Label the height of the masonry walls. Also, provide the proposed colors of the walls on the details. 8) Correct and revise the labeling of the Mahogany, Calophyllum, Pink and Yello Tabebuia trees on the plans and plant list. Additional Conditions: (1) Applicant to revise landscape and site plan to address landscape comments (Attachment "A"); (2) Applicant to obtain written approval of Fire-Marshall and Public Works Director, (3) Pending approval of the Public Works/Utilities Director, applicant to install a six-foot Masonry wall on the south lot line. Continue the masonry wall along the east and west sides of the property, if allowed by the utility easements. (4) Assurances that the garages are operational in that they accommodate standard ® vehicle size. MINUTES 11 JANUARY 28, 2003 CITY OF DANIA BEACH (5) One foot high berm on the front of Griffin Road side; (6) Move one landscape island so that there are two landscape islands on the frontage parking evenly spaced. (7) For the record, applicant voluntarily agreed to deed restrict the property to limit it to a homeownership community prior to the issuance of building permits. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino- No comments. 10.2 Commissioner McElyea asked staff for an update on the SE 5th Avenue traffic light issue. City Manager Pato advised that an agreement with DOT for a proposal design of the intersection has already been submitted to the Danians since they have agreed to close their entrance. He added that a positive response is expected shortly. Commissioner McElyea commented that neighbors near the old Ribbon Writer Plant have complained about homeless people living in the area who have broken the water service for the plant. He further mentioned that Leo Williams, Utilities Supervisor, resolved the water leak problem. Commissioner McElyea announced that Harbour Towne will be having a fishing tournament on March 15th and part of the proceeds will go to Zachary Homan Trust to help with his medical expenses. He will undergo a double lung transplant shortly and many associations throughout the city are helping this humanitarian cause. 10.3 Commissioner Mikes reported that the League of Cities held its general meeting last week and there was a debate on airport expansion. Commissioner Mikes advised that he attended the meeting, as well as Commissioner Starkey, Town of Davie; Brenda Chalifour, Special City Attorney for Airport Issues and Scott Marder, City of Hollywood. Commissioner Mikes also mentioned an article in the newspaper about a new comment from the EPA dealing with the cost of mitigation. EPA has asked Broward County to start listing the costs associated with the airport expansion. Once again, Commissioner Mikes commended the airport attorneys hired by the City for doing a great job. However, he was concerned about the City's Contingency Fund being depleted mainly by airport and health insurance costs. He suggested placing an item on the February 12th Agenda to discuss the Contingency Fund and to consider a line of credit especially to deal with airport matters. Commissioner Mikes urged the residents of Dania Beach to vote at the February 11th Primary Elections. ® 10.4 Vice-Mayor Flury reminded all those present of "Candidates Night" to be held on February 5th at the Danians Club House at 549 E. Dania Beach Boulevard. MINUTES 12 JANUARY 28, 2003 CITY OF DANIA BEACH ® 10.5 Mayor Chunn asked City Manager Pato to look into the request by Lizz Bartolo, on behalf of the Optimist Club of Dania Beach, for Patrick J. Meli Park revitalization. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Update on Municipal Elections scheduled for February 11, 2003 (Primary) and March 11, 2003 (General). (City Clerk) City Clerk Johnson reported that the election process is moving along very well, the Voting System Technicians have been scheduled by the Supervisor of Elections office and the pollworkers will begin school this week. She was confident that the election would go smoothly. Commissioner Mikes asked staff if any additional election costs were anticipated other than those already presented. City Clerk Johnson was not aware of any other costs at this time but did mention that there are unresolved issues. She agreed to report back to the Commission in the event additional funds are required. Commissioner Bertino requested staff to place a discussion item on the February 12th Agenda regarding Abatement Hearings. He felt that once the Code Enforcement Board hears cases in depth, there should not be a reason to bring them back to the City ® Commission for abatements. City Attorney Ansbro advised that the Code Board Statute does not allow the Code Board to mitigate or abate any liens. The Board has jurisdiction while it is a fine, but once the lien is recorded in the Public Records of Broward County, the Commission can only release, reduce or mitigate the lien. Commissioner Mikes felt that it was good to have the Commission's consideration on the Code Enforcement cases as sometimes an injustice may occur, and this would be a way to avoid that from happening. Discussion followed among the Commission and City Attorney Ansbro as to what would be the best course of action when dealing with Code Enforcement cases. It was the consensus of the Commission to bring a staff recommendation to the February 12th Commission meeting. 12. APPOINTMENTS: (No appointments were presented) 12.1 Appointment of one (1) member to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; ® PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". MINUTES 13 JANUARY 28, 2003 CITY OF DANIA BEACH ® 12.2 Appointment by Commission of one (1) Alternate citizen member on the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE CITIZEN MEMBER ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A THREE-YEAR TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3 Appointment of three (3) members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.4 Appointment of two (2) members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE ® TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.5 Appointment of one (1) member to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBER TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." REQUEST TO INCLUDE EMERGENCY ITEM ON THE AGENDA: SP-61-00- SITE PLAN CLARIFICATION BY STEVE HOFFMAN, REPRESENTING BRYAN ROAD LLC, FOR PROPERTY LOCATED AT THE NE CORNER OF BRYAN ROAD AND NW 1 ST STREET. REQUEST TO CONSTRUCT A 35,475 SQUARE FOOT DRY STACK MARINA. MINUTES 14 JANUARY 28, 2003 CITY OF DANIA BEACH ® Laurence Leeds, Growth Management Director, explained that the Site Plan request was originally approved on March 27, 2001 and one of the conditions was that the applicant must investigate alternative pervious paving materials. Director Leeds mentioned that the plan recently submitted meets the intent of the Commission in terms of decreasing the pervious area. Attorney Steve Hoffman, Mastriana & Christiansen, handed the Commission copies of the March 27, 2001 Commission Meeting Minutes and a drawing of the grass area. Attorney Hoffman described in detail the components that will be used in the grass parking and access lane shown in the drawing. He added that this type of material allows for increased drainage and a better look because this is a rigid structure. Discussion followed among the Commission, Director Leeds and Attorney Hoffman in regards to adequate drainage. Director Leeds mentioned that Mike Sheridan, Public Works/Utilities Director, does not foresee any drainage problems. Director Leeds also pointed out that if the grass is not properly maintained on the surface, it will probably become dry and eventually disappear. If this is the case, it will not be considered a drainage issue, but a zoning issue, and, therefore, the property owner will have to replace the grass. Peter Diaz, Diaz Architecture, advised that they have a system of storm water drainage on the property to deal with the rain, and although this grass parking area is prepared to meet a 100 year flood criteria, it is not meant to be used to take care of the everyday rain. ® A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adding the item to the Agenda as an emergency. Commissioner Bertino clarified that this is considered an emergency item due to the fact that it has taken so long for the applicant to come to an agreement and the City would not want to impose any economic hardship on anyone. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the attached typical grass pavement details as submitted by Attorney Hoffman, provided that the materials meet the approval of the Growth Management Director and should the material not meet his satisfaction, the applicant will replace the material according to the recommendations of the Growth Management Director and the City engineers. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes ® Commissioner Mikes-yes MINUTES 15 JANUARY 28, 2003 CITY OF DANIA BEACH 13. ADMINISTRATIVE REPORTS: O13.1 City Manager Pato thanked the Civil Service Board members for their hard work updating the Civil Service rules and their participation in the Pay and Classification Study job descriptions. City Manager Pato reminded everybody of the February 11tn Primary Elections and also the Regular Commission meeting on February 12tn 13.2 City Attorney- No comments. 13.3 City Clerk— Reminder of February 11tn Primary Election 14. ADJOURNMENT The meeting adjourned at 9:45 p.m. ROB RT H. CHUNN, JR., MAY AT EST: CHA LENE NSON CITY CLERK Respectfully submitte -by Miriam Nasser, Deputy City Clerk APPROVED: May 13, 2003 MINUTES 16 JANUARY 28, 2003 CITY OF DANIA BEACH