HomeMy WebLinkAbout2003-02-12 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
FEBRUARY 12, 2003
1. CALL TO ORDER:
Mayor Chunn called the meeting to order at 7:05 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* Dr. Carl Branker, True Bread Worship Center
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 Bob Adams, 330 SE 3rd, Terrace, on behalf of the Human Relations Board,
invited citizens to attend Candidates Forum on Thursday, February 20th at 7:30 p.m.,
following a brief meeting.
4.2 Jay Field, 4520 SW 30th Way, announced that there will be a South Runway
Airport Workshop meeting on Thursday, February 27, 2003 at 2:00 p.m. at the Broward
County Commission Chambers. He also reported that there will be a public hearing at
the Broward County Convention Center on March 5, 2003, at 5:00 p.m. Mr. Field
encouraged the citizens of Dania Beach to attend this public hearing to express their
concerns about the airport expansion project.
City Manager Pato advised that buses will be available at City Hall for those wishing to
attend the meeting. Further information will be posted.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Employee Recognition Program "General Employee of the Month" Awards for
January 2003 — Dania Beach Special OPS HazMat Team.
Ken Koch, Building Official, and Mike Sheridan, Public Works/Utilities Director,
recognized the Public Works crew who was involved in cleaning up a recent unsafe
structure at the Estates of Fort Lauderdale. Director Sheridan read the names of each of
MINUTES 1 FEBRUARY 12, 2003
CITY OF DANIA BEACH
the employees being recognized. They all received a $25 check, a lunch being offered
• for them at the I.T. Parker Community Center and some time off on Friday, February
14th. A plaque was also presented that would be displayed in the Public Works
Department.
6. PROCLAMATIONS:
6.1 Proclamation declaring the month of February as "Black History Month" in the
City of Dania Beach.
6.2 Proclamation declaring the week of February 16-22, 2003, "National Engineers'
Week" in the City of Dania Beach.
6.3 Ratification of Proclamation declaring February 8, 2003 as "Dr. Josephine S. Ivey
Day" in the City of Dania Beach.
6.4 Proclamation declaring February 11, 2003 as "211 First Call for Help Day" in the
City of Dania Beach.
City Manager Pato read each of the proclamations.
Mayor Chunn presented the proclamation for Item 6.4 to Dan Fraga, "211 First Call for
Help".
ITEMS 9.4 a) AND b) WERE HEARD BEFORE THE CONSENT AGENDA.
• ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Item
7.4 and Vice Mayor Flury pulled Items 7.7 and 7.11. Item 7.5 was removed from the
Consent Agenda to be placed on a future Agenda.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes:
Approval of minutes for Regular Meeting, December 10, 2002.
7.2 Travel Expenditures- NONE
7.3 Bills: Approval of Bills for the month of December 2002.
Resolutions —
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
FORTY (40) YEAR LEASE AGREEMENT BETWEEN THE CITY OF DANIA
BEACH ("LESSEE") AND THE SCHOOL BOARD OF BROWARD COUNTY
("LESSOR") FOR THE LEASE OF PATRICK J. MELI PARK FOR A SUM OF
$10.00 PER YEAR, IN ORDER TO PROVIDE A GREAT NEED IN THAT AREA
OF THE COMMUNITY THROUGH THE CONTINUATION OF A
RECREATIONAL FACILITY KNOWN AS PATRICK J. MELI PARK; FURTHER,
PROVIDING AN EFFECTIVE DATE.
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CITY OF DANIA BEACH
ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY
City Attorney Ansbro read the title of the ordinances.
7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING
CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION
6.21 "OFF-STREET PARKING" TO REVISE THE PARKING STANDARDS
APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
7.9 A) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY MICHAEL SHIFF OF THE SHIFF
GROUP, FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45TH
STREET, EAST OF SW 30TH 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; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL R-1C
(44 SINGLE FAMILY HOMES) TO RESIDENTIAL PUD (60 ZERO LOT LINE
HOMES AND TOWNHOMES); SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
• B) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE "CAPE FEAR" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED
NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW
28TH TERRACE, AND SOUTH OF THE DANIA CUTOFF CANAL 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 "STIRLING SUITES" PLAT; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
7.10 A) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY CALVIN GIORDANO AND
ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR
PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN STREET,
DIRECTLY EAST OF THE WALGREEN'S DRUG STORE 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 PROPERTY FROM C-2
(COMMERCIAL) TO THE CLASSIFICATION OF RM-3 (MULTI-FAMILY
RESIDENTIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
B) AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN
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CITY OF DANIA BEACH
ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA
• BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO IRREGULAR
RESIDENTIAL (17) A PARCEL OF LAND CONTAINING 5.19 GROSS ACRES
MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET
DIRECTLY EAST OF WALGREEN'S DRUG STORE IN THE CITY OF DANIA
BEACH AND LEGALLY DESCRIBED IN EXHIBIT °A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
approving the Consent Agenda with the exception of items 7.4, 7.7 and 7.11 and
removing 7.5 to be placed on a future Agenda. 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
ITEMS PULLED FROM THE CONSENT AGENDA:
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH
SUNTRUST BANK FOR THE FUNDING OF CERTAIN CAPITAL PROJECTS IN
• THE AMOUNT OF $441,904 (EXHIBIT "A"), PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes expressed his concern that the City's Contingency Fund is being
depleted. He mentioned a number of potential items for which the City may need
funding, such as:
In view of the national alert declared, additional funding may be required to cover
overtime for public safety personnel or new equipment, considering the City
borders a seaport and an airport.
• More capital improvement projects are in progress and although most of them
are covered by grants, there may still be unexpected costs involved.
• The City will have to be prepared in case there is litigation related to the South
Runway Airport Expansion issue.
• The implementation of the CRA project may involve further costs.
• Dredging costs may increase, although most of these projects are covered by
grants.
Commissioner Mikes further suggested that the City reserve about half a million dollars
for contingency items. He thought this was a good opportunity to merge some of the
outstanding notes that have a higher interest rate into a long term note at the favorable
interest rates that are now available. Commissioner Mikes requested City Manager Pato
prepare a list of the City's current debt services and balance.
Pat Varney, Finance Director, explained it may not be advisable to refinance at this time
as there may be some prepayment penalties involved. She also advised that revenues
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CITY OF DANIA BEACH
are being watched closely. Director Varney mentioned that Florida Statute does not
• allow the City to borrow funds for operating expenses, only for capital projects and
settlement of lawsuits. However, she confirmed to the Commission that the City's current
cash flow is in good standing, so in the event an emergency should arise, the
Commission would be able to appropriate the necessary funds from the Fund balance.
Another alternative would be to request a short term loan.
City Manager Pato advised that he is preparing a report to be presented to the
Commission at the February 25th meeting explaining how to replenish a significant
portion of the Contingency Fund.
A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, 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
7.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE GRIFFIN LAKES
COMMUNITY DEVELOPMENT DISTRICT, TO ACKNOWLEDGE RECEIPT BY
THE CITY OF PAYMENT BY THE DISTRICT OF PARKS AND RECREATION
IMPACT FEES FOR THE GRIFFIN LAKES DEVELOPMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Flury asked if the development of the Griffin Lakes district would affect the
taxes on the property.
Laurence Leeds, Growth Management Director, advised that the district is a funding
mechanism to enable the developer to borrow money at a better rate, therefore, it does
not affect the taxable value of the property.
A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, 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
7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 22-5 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT
PROPERTY OWNERS OR TENANTS WHO ABUT CITY SWALE AREAS ARE
REQUIRED TO PLANT GRASS AND MAINTAIN SUCH AREAS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
Vice Mayor Flury inquired as to whether the property owners who do not have grass on
• their swale areas would have to plant grass with the adoption of this ordinance.
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CITY OF DANIA BEACH
Mike Sheridan, Public Works/Utilities Director, advised that the residents of the City have
• no problem with maintaining their properties. However, Broward County owns a
property in the annexed area of the City where there is also an FPL easement and
Broward County refused to maintain the swales. The main purpose of the ordinance is
to encourage swale maintenance throughout the community, not for the requirement of
planting grass.
Discussion followed between the Commission and Director Sheridan as to the correct
language to be added to the ordinance for second reading.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
adopting the ordinance on first reading and amending the language of Section 22-5 for
second reading to read: "Grass/sod shall be used on swale areas unless the Public
Works/Utilities Director determines that a particular area can utilize another alternative".
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-no
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 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. (SECOND READING)
City Attorney read the title of the Ordinance
Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition,
Mayor Chunn closed the public hearing.
Vice Mayor Flury clarified with Finance Director Varney whether an employee who
retires can decide he no longer wants to continue being on the health plan and receive
cash instead. Also whether a Commissioner can convert the health plan benefit into
cash. Director Varney explained that employees cannot receive cash in lieu of
insurance and that commissioners can only receive cash while they are seated as
commissioners, and once they leave office they cannot receive cash in lieu of insurance.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
adopting the ordinance on second and final reading. The motion passed on the
following 4/1 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-no
• Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
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CITY OF DANIA BEACH
9.2 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. (SECOND READING)
City Attorney read the title of the Ordinance
Mayor Chunn opened the public hearing.
Rose Lizana, Chairperson, Dania Beach Chamber of Commerce, was disappointed to
see that the proposed lease agreement only has a two-year term. She mentioned all the
accomplishments of the Chamber and how they bring business into the City and help
touristm. Ms. Lizana commented that in spite of the, financial situation experienced by
the Chamber in the past, there were some good things done and a lot of people worked
hard. She hoped the City would revisit the term issue in the future.
Mayor Chunn thanked the Chamber for their hard work.
Hearing no further comments, Mayor Chunn closed the public hearing.
Commissioner Mikes mentioned on the Chamber incident that took place some years
ago that was an embarrassment for the Chamber and the City. He advised that the
main reason for not approving a longer lease is because the Nyberg-Swanson house
was meant to be a historical building and is a priceless property that the City should
always control. Commissioner Mikes further said that the Chamber is doing a good job of
maintaining their portion of the historical house.
Vice Mayor Flury was supportive of the Chamber but also disagreed with a long lease
term. She recommended that the lease agreement be automatically renewed every two
years unless the City notified the Chamber to find a new place, thereby, giving them a
year's notice.
Commissioner Bertino advised that Attorney Karl Adler, on behalf of the Chamber of
Commerce, requested a long-term lease agreement that could be terminated by either
party, instead of addressing the issue of renewal every two or three years. He further
mentioned that Dania Beach was very fortunate, as a small city, to have a Chamber of
Commerce.
A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting
the ordinance on second and final reading with the following amendments: 1) The lease
term is automatically renewed at the end of two years, unless either party gives the other
a one year advance written notice; 2) No political activities should take place in the
building. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
MINUTES 7 FEBRUARY 12, 2003
CITY OF DANIA BEACH
Commissioner Mikes-yes
• A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury adopting
the ordinance as amended. 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
CONTINUED FROM JANUARY 28, 2003 MEETING
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 KNOWN AS THE
"FIRE STATION 93 SITE", SUBJECT TO CERTAIN TERMS AND CONDITIONS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney read the title of the resolution.
Mayor Chunn opened the public hearing.
Jay Field, 4520 SW 30" Way, opposed the execution of the encroachment agreement.
He suggested that the City send letters to the property owners, giving them a one-year
• notice to stop encroaching on City property. If the land is not going to be used for a fire
station, Mr. Field suggested selling the land for a single family development.
Fay Bartelmes, 214 SW 2"d Terrace, agreed with Jay Field and opposed the
encroachment agreement and suggested building a fence to protect City's property.
Hearing no further comments, Mayor Chunn closed the public hearing.
Commissioner Mikes advised that his main concern was the liability issue. He
mentioned that an option would be to give the residents two years to get their property
boundaries corrected.
Commissioner Bertino suggested adopting the resolution and agreement with the
inclusion of a clause stating that the agreement would terminate in two years as long as
the City is protected by insurance to avoid any financial liability.
Mike Sheridan, Public Works/Utilities Director explained that if the City decided to fence
the property, the approximate cost would be $10,000. Director Sheridan also mentioned
that anyone who would want to use City property to access their property should sign a
"hold harmless agreement" with the City Attorney.
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino,
adopting the resolution and adding a section stating that the agreement will expire in its
entirety after two years regardless of any other statements contained in the document.
• The motion passed on the following 3/2 roll call vote:
MINUTES 8 FEBRUARY 12, 2003
CITY OF DANIA BEACH
Commissioner Bertino-yes Vice-Mayor Flury-no
Commissioner McElyea-no Mayor Chunn-yes
Commissioner Mikes-yes
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino
adopting the resolution as amended. The motion passed on the following 3/2 roll call
vote:
Commissioner Bertino-yes Vice-Mayor Flury-no
Commissioner McElyea-no Mayor Chunn-yes
Commissioner Mikes-yes
ITEMS 9.4 a) AND b) WERE HEARD BEFORE THE CONSENT AGENDA.
9.4 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH
COMPREHENSIVE PLAN TO CREATE THE LOCAL ACTIVITY CENTER ("LAC') LAND
USE CLASSIFICATION; PROVIDING FOR TRANSMITTAL TO THE STATE AGENCIES
PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
b) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP OF THE DANIA BEACH
COMPREHENSIVE PLAN TO DEPICT THE ESTABLISHMENT OF A LOCAL ACTIVITY
CENTER ("LAC') APPLICABLE TO A PORTION OF THE CITY IDENTIFIED IN
EXHIBIT "A"; PROVIDING FOR TRANSMITTAL PURSUANT TO CHAPTER 163,
FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
City Attorney Ansbro read the title of the Ordinances.
Laurence Leeds, Growth Management Director, explained that this is the first Public
Hearing to create the Local Activity Center (LAC) Land Use Plan Classification and also
the first Public Hearing to amend the Future Land Use Map to show the LAC category in
the downtown area. Director Leeds advised that this is a Public Hearing and anybody
wishing to speak should approach the City Clerk to complete the sign-in sheet that the
City will have to submit to the Florida Department of Community Affairs. He read his
staff report in detail and clarified that if the LAC (currently containing 181 acres) is
approved, no change in zoning would take place until the Commission adopts zoning
code amendments to implement the LAC designation. Director Leeds requested
Commission approval of the two Ordinances, one to create the LAC on paper and the
other one to apply it to the area shown on the map.
Commissioner Bertino asked if the City had to wait until the LAC is 75% used before the
500 units are allocated outside the LAC, whether these units will have to be built, in the
process of being built, or already occupied with Certificates of Occupancy.
Leigh Kerr, Leigh Robinson Kerr & Associates, Inc., Land Planning Consultant,
explained that the LAC is a new category created by the Broward County Planning
. Council to encourage downtown redevelopment, the City will have to show some
significant progress towards the 75% requirement. Mr. Kerr added that an alternative
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CITY OF DANIA BEACH
would be to ask for more units within the flex zone, which would need to be done
through the standard County Land Use Plan Amendment procedure.
Commissioner McElyea asked if the area next to Frost Park was zoned residential.
Director .Leeds confirmed that it is residential and that the zoning is predominantly
duplex. He also clarified for the record, that most of the property that abuts the LAC is
either commercial, multi-family or duplex. There is only one single family zoning district
that is zoned IRS 8,000, and it is not located within the LAC. The property is described
as the Tomato Field, north of Jai-Alai.
Growth Management Director Leeds mentioned that the LAC process takes about a
year. If the City waited for the CRA to be established, the March 15th deadline would be
lost and the next date would be October 2004.
Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition,
Mayor Chunn closed the public hearing.
A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting
the ordinances on first reading for transmission to the State. 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
9.5 a) A Variance Request by William E. Elmore, Jr., owner of vacant property
located on the west side of Ravenswood Road, north of Interstate 595 (2967
Ravenswood Road).
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY WILLIAM E. ELMORE, JR. FOR
VACANT PROPERTY LOCATED ON THE WEST SIDE OF RAVENSWOOD
ROAD NORTH OF INTERSTATE — 595 (AKA 2967 RAVENSWOOD RD.),
DANIA BEACH, FROM CHAPTER 28, ZONING ARTICLE 6.21 SCHEDULE OF
OFF-STREET PARKING REQUIREMENTS; CHAPTER 28, ZONING, ARTICLE
27.60 SETBACK REQUIREMENTS IROM DISTRICT; AND CHAPTER 26,
VEGETATION, LANDSCAPE — SECTION 26.51; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
b) A Site Plan Request by William E. Elmore, Jr., owner of vacant property
located on the west side of Ravenswood road north of Interstate 595 (2967 Ravenswood
Road).
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY WILLIAM E. ELMORE, JR. FOR
PROPERTY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD
NORTH OF INTERSTATE 595 (AKA - 2967 RAVENSWOOD ROAD) DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
•
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CITY OF DANIA BEACH
At this time, City Attorney Ansbro advised that Item 9.5 is a Quasi-Judicial matter and
that all witnesses wishing to speak must be sworn in and that the City Commission, in
accordance with the Jennings Ruling, must report all communications. Attorney Ansbro
presented the Oath to all those desiring to speak on the item.
Laurence Leeds, Growth Management Director, advised that the property was located
on the west side of Ravenswood Road directly north of 1-595. The applicant has
requested a variance to provide 11 parking spaces (12 spaces required) and also a
variance to allow zero setback along the south property line (minimum 10 foot setback
required). Staff recommended approval of the parking variance with the addition of a
window treatment to the front of the building which would be consistent with IROM
requirements as well as compliance with staff landscape comments. Director Leeds
thought the building will be a significant improvement to the area. The petitioner has
indicated that the building will be used to store boats and they have requested that
instead of installing a real window in front of the building, they would like to install a
"false window" to provide the same appearance.
Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition,
Mayor Chunn closed the public hearing.
Commissioner Mikes asked Director Leeds if the window will still have the architectural
detail that will make it look like a window. Director Leeds confirmed that the glass will be
attached to a solid wall and will still have the same appearance as a window.
Commissioner Bertino asked if boat repairs would be allowed inside or outside the
building or if the building would only be used for storage of boats. Director Leeds
explained that the IROM Zoning code allows,work on the boats inside the building and
also limited repairs outside the building.
Vice Mayor Flury asked if the building would be used -for commercial, individual or
condominium boat rentals. Director Leeds thought that this is a single occupant
warehouse and he was not aware that the warehouse could be used for boat rentals or
sales.
The applicant clarified for the record that the intent is to sell them as condominium and
that there will be an association.
A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting
resolutions a) VA-62-02 and b) SP-61-02 with the following conditions:
a) The addition of a window treatment to the front of the building.
b) Compliance with the following landscape comments:
1) Gumbo-limbo trees in rear yard to be located adjacent to the building (Gumbo
trees cannot be located in retention area).
2) Provide a 24" high, 24" spread, and 24" on center continuous (branch
touching branch) coco plum hedge along the entire perimeter of the site. Indicate
• the different cross-hatching on each proposed shrub masses or hedges in order
to distinguish each material.
MINUTES 11 FEBRUARY 12, 2003
CITY OF DANIA BEACH
• 3) Add "minimum application of water to impervious areas" on the irrigation
notes and City of Dania Beach to the substitution note.
4) Change the proposed three deciduous Yellow Tabebua trees along the north
front of Bay 1 to Green buttonwoods. Additionally, the proposed two Sabal palms
on each side of the Yellow Tabebuia should be in groups of three and staggered
(add one palm to each group of two).
5) The Sabal palm in the terminal landscape island next to the building should
be a group of three staggered palms. Lastly, the proposed Jacaranda tree
should be a Live Oak to keep the consistency in the design.
6) Indicate all sod areas on the landscape plans and add a one-year guarantee
to the notes on all landscape.
7) Change the proposed royal palms from Delonix regia to Toystonia elata on
the plant list. Additionally, indicate the FPL easement on the landscape plans, as
the palms may not be allowed in the present location because of the overhead
transmission lines. Lastly, add Florida fancy, heavy, and no pencil topping to the
specification of the Royal palms.
c) Add "sumbrilla" material to awnings.
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 commended all those involved in the Tomato Festival. He
thought the Parade was the best for the past thirty years. There was a good turn-out of
people and he was hopeful that next year the Festival will be part of the Centennial
celebration.
Commissioner Bertino reported that a number of people, mainly the Optimist Club, have
contacted him about the Patrick Meli Park grass. He advised that both City Manager
Pato and him visited the park and the sod will be replaced in the baseball fields and that
the work will be done correctly.
Commissioner Bertino mentioned that there are many projects in process in the City's
parks. One of them is the swimming pool at Meli Park which will be built in a way that it
can be used for recreational purposes and competitive/Olympics events. By building a
large pool, the City could lease it out to help defray some costs and allow citizens to train
for swimming competitions when needed. Commissioner Bertino further said that these
facilities are being built for the people of Dania Beach so he encouraged everybody to
attend the planning sessions that relate to the future use of the recreational facilities.
•
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CITY OF DANIA BEACH
10.2 Commissioner McElyea asked City Manager Pato if the timer for the lights in the
® parking area at City Hall could be moved backwards 15/20 minutes before 7:00 p.m.
Commissioner McElyea inquired on the status of the installation of traffic lights on 5th
Avenue. City Manager Pato advised the City is still waiting for a response to a letter that
the City sent to the Danians Condominium. As soon as an agreement is reached with
the Danians Condominium, the City will move forward with the project.
Commissioner McElyea thanked Chief Cowart for implementing more patrols at the
beach and was very pleased with the Tomato Festival.
Commissioner McElyea thanked the people of Dania Beach for voting at the Primary
Elections and encouraged everybody to vote at the General Elections on March 11 th.
Commissioner McElyea mentioned that residents were very disappointed with the dirt
and the dust blowing on Dania Beach Boulevard as a result of the turnabout recently
constructed in the western portion of the City.
10.3 Commissioner Mikes thanked everybody for taking part in the Primary Elections
and he was hopeful that it will be an even better turn-out in the General Elections next
month. He thanked City Clerk Johnson for her hard work and for making sure the
Elections run smoothly in Dania Beach. Commissioner Mikes also recognized all those
willing to show their credentials and running for office.
Commissioner Mikes mentioned that yesterday, while voting at the BassPro area he
• could see that the palm trees at the Broward Community College campus which were
recently planted, seem to be dying and felt somebody should tell them about it.
Commissioner Mikes was pleased to see that a lot of single family homes are being built
and that the City is on its way to restoring a community in high rental areas.
Commissioner Mikes advised that there are a number of trees available from the South
Florida Water Management District at no cost to the City. Mike Sheridan, Public
Works/Utilities Director, explained that staff will meet with the South Florida Water
Management District on February 19th to choose the trees and have them transferred to
a temporary nursery until a decision is made on where to plant each of them. He
advised that approximately 2,000/3,000 trees will be available for Dania Beach.
Commissioner Mikes mentioned a new court ruling that may change the jurisdiction on
the FAA's decision for the South Runway airport expansion and this might require the
consideration of an alternative runway. This would put the City in a better legal situation
and lower costs. He encouraged the public to attend the Public Hearing on March 5th at
the Broward County Convention Center.
10.4 Vice Mayor Flury commended Main Street and the Chamber for their beautiful
floats presented at the Tomato Festival. She hoped that the City would plan for a City of
Dania Beach float in next year's parade.
Vice Mayor Flury congratulated candidates Charles "Mac" McElyea, Bob Anton and Gary
Luedtke and wished them luck in the upcoming General Elections on March 11th. She
thanked City Clerk Johnson for all her efforts to run a smooth and successful election
MINUTES 13 FEBRUARY 12, 2003
CITY OF DANIA BEACH
process. Vice Mayor Flury advised that she visited all the precincts and confirmed that
• everyone was satisfied with the way the Elections were handled..
Vice Mayor Flury thanked Kristen Jones, Parks and Recreation Director, for the
improvements to the tennis courts at Frost Park for everyone's enjoyment. Director
Jones announced that the tennis courts at Frost Park are ready to use and that the lights
at the courts will be on consecutively for 100 hours, as required by Florida Power &
Light, so people should not be concerned about this. After Sunday, February 16th, the
timer will automatically resume the usual hour-change. She was pleased to report to the
Commission that the Park projects currently in process will be completed on time and
within budget constraints.
10.5 Mayor Chunn congratulated all those involved in the success of the Tomato
Festival.
Mayor Chunn wished Commissioner McElyea, Bob Anton and Gary Luetdke the best of
luck in the upcoming General Elections. He also thanked City Clerk Johnson for an
outstanding job with the Election process.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of whether or not to continue holding Abatement Hearings.
(Commissioner Bertino)
Commissioner Bertino asked Attorney Ansbro to update the Commission on his findings.
® Tom Ansbro, City Attorney, explained that when the Code Enforcement Board hears the
case, they are the ones to determine whether the fine may be reduced depending on
how serious the case may be. Once the Code Board takes action to record the order
with Broward County, it becomes a lien against the property and the board has no
further jurisdiction. It is then up to the City Commission to decide whether to reduce,
settle or abate the lien. Attorney Ansbro suggested that the Commission may wish to
include the requests for abatements with the recommendation from the Code Board
under the Consent Agenda section of the agenda to speed up the abatement process. If
any member of the Commission considered the Code Board's recommendation for
abatement or denial of the abatement to be unfair, the Commissioners could pull the
item and discuss it or continue it to a later Abatement Hearing meeting.
Vice Mayor Flury did not agree with Attorney Ansbro's proposal and felt that the
applicant should be allowed to accept the Code Enforcement Board's recommendation
for abatement or be given the option to appeal their decision and appear before the
Commission. If they do not agree with the Code Board's recommendation, then they
could request to have the case heard at a forthcoming Abatement Hearing.
Discussion followed between Vice Mayor Flury and Attorney Ansbro in regards to the
time it takes after the case is considered by the Code Board and the fact that the order
would have been recorded by that time and would be considered a lien, which would
have to be presented before the Commission.
• It was the consensus of the Commission not to change the current procedures and
continue with the Abatement Hearing meetings every other month.
MINUTES 14 FEBRUARY 12, 2003
CITY OF DANIA BEACH
® 11.2 Discussion of the current status of the Contingency Fund (Commissioner Mikes)
Commissioner Mikes confirmed with City Manager Pato and Finance Director Varney
that the City would be able to replenish the Contingency Fund within the next few days.
11.3 Request to reschedule March 18, 2003 Organizational Meeting to March 17, due
to travel schedules for"Broward Days". (City Clerk)
A motion was made by Commissioner McElyea, seconded by Vice Mayor Flury, to have
the Organizational Meeting on March 17th at 7:00 p.m. 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
11.4 Acceptance of Certification of Primary Election (February 11, 2003)
results from the Broward County Canvassing Board. (City Clerk)
City Clerk Johnson thanked the VST's, pollworkers and staff at Fort Lauderdale and the
Broward County Supervisor of Elections.
A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, accepting
the Certification of Primary Election results from the Broward County Canvassing Board.
• 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
12. APPOINTMENTS: (No appointments were submitted).
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".
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."
MINUTES 15 FEBRUARY 12, 2003
CITY OF DANIA BEACH
• 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."
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato congratulated City Clerk Johnson and staff for their hard work
during the Election process.
City Manager Pato confirmed to the Commission that the Tomato Festival will be
included in the City's Centennial celebrations. He further reported that about 500 letters
were sent out to announce the Centennial celebrations in 2004 and inviting government
officials at all levels to attend this special event in the City of Dania Beach. City
Manager Pato added that the "Queen Mary II" will be arriving in January 2004 with a big
Dania Beach banner congratulating the City on its 100th Anniversary. By the end of this
month, a tentative plan of all the 2004 events will be submitted to the Broward County
Convention and Visitors Bureau to be added to their publications containing the list of
activities for 2004. Vice Mayor Flury requested copies of any lists of events being
distributed.
At the request of City Manager Pato, Mike Sheridan, Public Works/Utilities Director,
advised that the Florida Department of Agriculture and Consumer Services has identified
a serious infestation of a Caribbean tree-dwelling termite in Dania Beach. There will be a
presentation at the February 25th Commission meeting and a Workshop at City Hall
• Conference Room on March 7th where they will be providing free pesticides.
MINUTES 16 FEBRUARY 12, 2003
CITY OF DANIA BEACH
13.2 City Attorney- No comments
13.3 City Clerk-No comments
ADJOURNMENT
The meeting adjourned at 9:55 p.m.
BOB ANTON
MAYOR
AT EST'
CHARLENE JO N ON
CITY CLERK
Respectfully submitt by:
MiriA Nasser
Deputy City Clerk
• APPROVED: August 12, 2003
MINUTES 17 FEBRUARY 12, 2003
CITY OF DANIA BEACH