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HomeMy WebLinkAbout2003-03-25 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MARCH 25, 2003 7:00 P.M. 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 pm. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: * Rev. Carl Branker, True Bread Worship Center Mayor Anton asked for a moment of silence in recognition of the troops serving overseas. 3. ROLL CALL: Present: Mayor: Bob Anton Vice-Mayor: C.K. McElyea Commissioners: Robert Chunn Pat Flury Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 George Jason, Dania Beach Neighborhoods United, complained about the location of some of the voting precincts causing residents to travel miles away from their homes. He asked those concerned with these changes to contact him to try and rectify the situation. He also advised that Neighborhoods United was working to get a post office station in the annexed area west of 1-95. He also reminded the residents to support the Playhouse theatre located in downtown Dania Beach. 4.2 Reverend Lewis, 302 NW 8 Avenue, complained about the broken sidewalk on his property. City Manager Pato advised that it was going to take time to rectify the situation because if the sidewalk is fixed, it could create an MINUTES 1 MARCH 25, 2003 CITY OF DANIA BEACH r additional flooding problem that would directly affect Reverend Lewis' house. Commissioner Flury suggested that the sidewalk be removed. Vice-Mayor McElyea suggested that a swale test be conducted. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation of Comprehensive Annual Financial Report (CAFR) for Fiscal Year 01/02. (Grau & Company, City Auditors) Patricia Varney, Finance Director, introduced Elias Castellanos & Pablo Llerena from Grau & Company, who gave a presentation on the City's financial statement for the year ending September 30, 2002. Mr. Castellanos advised that the City's position in cash and investments including the pension funds as of September 30, 2002, was approximately $36,000,000.00, however, these funds are restricted resources and are not available to cover operating expenses. He reported that the Stormwater Fund at the end of fiscal year 2001-02 had a deficit fund balance of $372,000.00. The City's position at the end of the year in governmental funds was positive and the proprietary funds also ended with a positive balance. He reported that the pension fund suffered some relatively significant losses due to the decline in the stock market. He emphasized that the City would be implementing GASB 34, which would be a complete restructuring of the financial statement and how the data will be aggregated. Commissioner Mikes suggested the possibility of hiring a consultant to address the areas of concern in the financial statement and also the possibility of implementing some new policies. In response to Mayor Anton, Director Varney advised that most of the concerns addressed in the financial statement have already been corrected or are in the process of being corrected. Commissioner Flury commended Director Varney for the great job she has done. 5.2 Presentation by Kathy DiBona, Principal, Dania Elementary School "Appreciation DCOTA" — Mardi Gras -April 19, 2003. Dr. Kathy DiBona was pleased to announce that the Red Hot Krew raised over $5,000 this year to be used for children's summer camp. She reported that Dania Elementary would be celebrating its 90th Anniversary on April 19, 2003, at the DCOTA and extended an invitation to all. MINUTES 2 MARCH 25, 2003 �' CITY OF DANIA BEACH Pat Sheehan, President of the Red Hot Krew and Dennis DiBona, King of the • Red Hot Krew, presented a "Certificate of Appreciation" to the City of Dania Beach for all their support. 6. PROCLAMATIONS: 6.1 Proclamation declaring April 1st, 2003 as "Dania Beach `Paul De Maio' Library Day" in the City of Dania Beach. 6.2 Proclamation declaring the week of May 18 — 24, 2003 as "National Public Works Week" in the City of Dania Beach. Mayor Anton read the proclamations in their entirety. ITEM 11.1 WAS HEARD AFTER ITEM 6.2 THE CONSENT AGENDA WAS HEARD AFTER ITEM 11.1 ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Flury pulled Item 7.6 and Item 7.7; Vice-Mayor Mc Elyea pulled Item 7.2. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: NONE 7.3 Bills: *Approval of Bills for the month of February 2003. Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE EPOCH CORPORATION, AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH THE MARINA MILE OFFICE INDUSTRIAL BUSINESS PARK; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FIRE CHIEF TO APPLY FOR THE 2003 ASSISTANCE TO FIREFIGHTERS GRANT FOR TRAINING OF PERSONNEL INCLUDING BACK-FILL OF PERSONNEL IN AN AMOUNT NOT TO EXCEED $200,000.00; AUTHORIZING MATCHING FUNDS IN MINUTES 3 MARCH 25, 2003 e CITY OF DANIA BEACH THE AMOUNT NOT TO EXCEED $20,000.00 AND FURTHER ® AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROPRIATING TREE FUND BUDGET BY $10,000 FOR THE TRANSPLANTING OF TREES AS DONATED BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 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. ADDENDUM 7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING THE CONSTRUCTION OF THE CALYPSO NATURAL GAS PIPELINE PROPOSED TO BE CONSTRUCTED THROUGH A PORTION OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING THE CONSTRUCTION OF THE AES PETROLEUM NATURAL GAS PIPELINE PROPOSED TO BE • CONSTRUCTED THROUGH A PORTION OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve the Consent Agenda with the exception of Items 7.2, 7.6 & 7.7. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes - yes ITEMS PULLED FROM THE CONSENT AGENDA: 7.2 Travel Expenditures *April 3-4 —Approval for Mary McDonald, Administrative Services Director, to attend seminar on Negotiating Labor Agreements in Cambridge, Massachusetts. Vice-Mayor McElyea questioned the cost involved. Mary McDonald, Administrative Services Director, advised that the approximate cost would be $2,406.00. MINUTES 4 MARCH 25, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Chunn, seconded by Commissioner Flury, • to approve the travel expenditure for Director McDonald. The motion passed on the following 5/0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes - yes 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. AND THE CITY OF DANIA BEACH, RETROACTIVE TO OCTOBER 1, 2002, FOR MEDICAL TRANSPORTATION BILLING SERVICES, UNDER CONTRACT WITH THE CITY OF HALLANDALE BEACH; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. In response to Commissioner Flury, Bruce Caruso, EMS Captain, advised that the collection rate was 55% net collection. He also advised that Advanced Data Processing is a billing agency, not a collection agency. In response to Commissioner Mikes, Captain Caruso advised that the average amount to transport a patient is $425.00 in addition to $7.50 per mile. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the agreement with Advanced Data Processing. The motion passed on the following 5/0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury — yes Mayor Anton —yes Commissioner Mikes - yes 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, D/B/A A1A EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT; CONFIRMING THAT SPECIAL CONDITIONS DO MINUTES 5 MARCH 25, 2003 CITY OF DANIA BEACH EXIST IN ORDER TO SECURE SAID SERVICES WITH DEANNA • ENTERPRISES; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE In response to Commissioner Flury, Mary McDonald, Administrative Services Director, advised that the firm would be responsible for the necessary testing, screening, fingerprinting, FICA, Workers' Comp and all replacements. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the agreement with Deanna Enterprises D/B/A A1A Employment of Miami. The motion passed on the following roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury — yes Mayor Anton —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, PERTAINING TO CABLE TELEVISION; EXTENDING THE COMCAST • OF FLORIDA CABLE FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. No one spoke in favor or opposition and the public hearing was closed. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt the ordinance on second and final reading. Mayor Anton and Commissioner Mikes were of the opinion that the cable television service had deteriorated. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes - yes MINUTES 6 MARCH 25, 2003 • CITY OF DANIA BEACH 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 5., ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.30, ENTITLED "YARD REGULATIONS" AND SECTION 5.31, ENTITLED "RS-18000, RS-12000, RS-8000 AND RS-6000 DISTRICTS", TO RESTRICT AIR CONDITIONING UNITS, HEATING UNITS, POOL PUMPS AND RELATED EQUIPMENT TO A REAR YARD AND TO REQUIRE SUCH ITEMS TO OBSERVE A MINIMUM FIVE (5) FOOT SETBACK FROM THE APPLICABLE PROPERTY LINE; FURTHER, EXPANDING THE RESTRICTIONS OF SECTION 5.31, WHICH ALSO APPLIES TO PERMITTED PROJECTIONS OF CHIMNEYS, EAVES, BAY WINDOWS AND BALCONIES INTO YARD AREAS TO APPLY TO R-1C AND RD-8000 ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the proposed text change would prohibit air conditioning units, heating units or pool pumps in the front or side yards in that portion of Dania Beach east of Ravenswood Road. The units could only be installed in the rear yard with a five-foot setback. Director Leeds recommended that language be added to allow the replacement of existing units. Mayor Anton opened the public hearing. William Walton, 228 SE Park Street, spoke in favor of the ordinance. Kurt Ely, SW Dania, agreed with the addition of the language suggested by Director Leeds. In response to Mr. Ely, Director Leeds advised that only a building permit would be required to replace an existing air conditioning unit. Mr. Ely stated that in some situations, the side yard is the more logical place to install an a/c unit. He asked if the ordinance addressed window units because he felt that they were noisier than a/c compressors. Director Leeds advised that the ordinance does not prohibit window units because there hasn't been a problem with window units. Hearing no further comments, the public hearing was closed. Commissioner Mikes suggested that rooftop units also be prohibited from the side and front yards and that new and existing rooftop units be painted compatible with the building. MINUTES 7 MARCH 25, 2003 CITY OF DANIA BEACH ® A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the ordinance on second and final reading with the following amendments: • Property owner shall be allowed to replace or change out existing ground compressors or equipment at the same location. ® Property owner shall be allowed to replace or change out cantilever roof units provided the units are painted compatible with the building and maintained. • New roof top units shall only be located in the rear of the building and must meet all setbacks. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury — yes Mayor Anton —yes Commissioner Mikes - yes 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", • OF THE CITY CODE OF ORDINANCES BY AMENDING THE "SCHEDULE OF LOT, YARD AND BULK REGULATIONS CITY OF DANIA BEACH, FLORIDA" TO ESTABLISH FOR COMMERCIAL DISTRICTS (C-1 TO AND INCLUDING C-4) A REAR YARD AND SIDE YARDS' SETBACK REQUIREMENT FOR BUILDINGS WHICH ARE PROPOSED TO BE LOCATED ADJACENT TO A SINGLE FAMILY ZONING DISTRICT OR ANY EXISTING SINGLE-FAMILY HOME, SUCH SETBACK TO BE EQUAL TO THE HEIGHT OF THE PROPOSED BUILDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the proposed ordinance requires new buildings in commercial zoning districts, adjacent to single-family zoning districts or an existing single-family home, to have a setback equal to the height of the building. He reported that the Planning & Zoning Board recommended approval. Mayor Anton opened the public hearing. Hearing no comments in favor or in MINUTES 8 MARCH 25, 2003 ® CITY OF DANIA BEACH opposition, the public hearing was closed. ® A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to adopt the ordinance on second and final reading. The motion passed on the following 4/1 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — no Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes - yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.16, ENTITLED "INTERSECTION VISION" TO CREATE SPECIFIC VISION OBSTRUCTION RESTRICTIONS APPLICABLE TO NEW STRUCTURES ERECTED IN C-2 (COMMERCIAL) ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the proposed ® ordinance would create a requirement that new structures must have a 15-foot corner clearance from an intersection in the C-2 commercial zoning districts. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the ordinance on second and final reading. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton —yes Commissioner Mikes - yes City Attorney Ansbro advised that the next seven cases would be quasi-judicial hearings and swore in those persons speaking in each case. 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING NAC INVESTORS, LLC, FOR PROPERTY LOCATED AT 3064 GRIFFIN RD., MINUTES 9 MARCH 25, 2003 ® CITY OF DANIA BEACH 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 T-1 (TRAILER PARK) AND C-2 (COMMERCIAL) TO RM-2 (RESIDENTIAL) TO ALLOW 55 TOWN HOMES, PLUS THE ALLOCATION OF TWO RESERVE UNITS, TO ALLOW A TOTAL OF 57 TOWN HOMES; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the petitioner would like to rezone an existing trailer park to RM-2 (Residential), which would allow the construction of 55 town homes. The petitioner is also requesting the allocation of two reserve units in order to construct two additional town homes for a total of 57. Director Leeds suggested that the petition be changed from RM-2 to RM. He also requested that the applicant deed restrict the property to two- story town home units, sold in fee-simple homeowners association or condominium with a maximum of 57 units. Attorney Bonnie Miskel, representing the applicant, agreed to prepare a deed restriction, as requested by Director Leeds, prior to the issuance of a building ® permit. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to amend the ordinance by changing the new zoning designation from T-1 (Trailer Park) and C-2 (Commercial) to RM-2 (Residential). The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton —yes Commissioner Mikes — yes A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the ordinance on second and final reading as amended and acknowledge the voluntary deed-restriction from the applicant prior to issuance of a building permit. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton —yes MINUTES 10 MARCH 25, 2003 ® CITY OF DANIA BEACH Commissioner Mikes - yes ® 9.6 VC-69-02 — A request by William F. Walton III for an after-the-fact variance to maintain a six-foot high wood fence in a required front yard (fences may not exceed four feet in height in a required front yard). Property located at 228 SE Park Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM F. WALTON III, FROM CHAPTER 28, ZONING, ARTICLE 5.36 "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 228 SE PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant installed a six-foot fence approximately two to three feet from the front lot line and parallel to the sidewalk. The maximum allowable fence under the zoning code in this area is four feet. In areas where six-foot fences are allowed the setback is 25 feet. The Planning & Zoning Board recommended denial of the variance. If the Commission decides to approve the variance, staff recommends that the applicant be required to remove mulch and other materials in front of the fence within 90 days of Commission approval. ® Mr. Walton was present to request approval of the variance. He advised that the fence was painted at the suggestion of Director Leeds. He also advised that his neighbors had no objection to the fence. He agreed to remove the mulch and install sod in front of the fence. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution approving the variance request with the condition that the variance would be void if the landscaping is ever removed by the current owner or any future owner. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury — yes Mayor Anton — yes Commissioner Mikes - yes 9.7 VA-01-03 — A request by Kenneth Hassett for property located at 5870 SW 37th Avenue (zoned RS-3 Single Family) for the following variances: 1) Construct an addition to a single-family home with a 6' 4" side yard MINUTES 11 MARCH 25, 2003 ® CITY OF DANIA BEACH setback. (7' 6" side yard setback required as per Section 39-286 of the ® Broward County Zoning Code). 2) Construct an a/c compressor and/or pool pump with a 3-foot side yard setback. (4.5 feet required as per Section 39-275 of the Broward County Zoning Code). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE- REQUEST SUBMITTED BY KENNETH AND ALLISON HASSETT, FROM THE BROWARD COUNTY ZONING CODE, FOR PROPERTY LOCATED IN AN RS-3 SINGLE FAMILY ZONING DISTRICT, LOCATED AT 5870 SW 37T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the petitioner was requesting a variance to the side yard setback of 14 inches and a variance to allow an air conditioning compressor in the side yard with a 3-foot side yard setback. The Planning & Zoning Board recommended approval with the condition that the a/c unit be located more towards the rear of the house. Kenneth Hassett requested approval of the variances and presented a revised site plan showing the a/c unit towards the rear of the house. ® Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the variance requests (VA-01-03) subject to the air conditioning unit being located directly to the rear of Mr. Hassett's neighbor's home as indicated on the revised site plan submitted by Mr. Hassett on March 25, 2003. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury — yes Mayor Anton —yes Commissioner Mikes - yes 9.8 VA-68-02 — A Variance request by Craig and Mary Lou Breines to extend a boat lifting device 17 feet into a 60-foot wide canal. Property located at 1446 Nautilus Isle, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CRAIG AND MARYLOU BREINES, FROM THE CITY OF DANIA BEACH ZONING APPENDIX, MINUTES 12 MARCH 25, 2003 ® CITY OF DANIA BEACH ARTICLE II, ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES, FOR PROPERTY LOCATED AT 1446 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant would like to install a 12-foot wide boat-lifting device on his existing five-foot dock, which would encroach 17 feet into the canal, which is 28% of the canal width. The Code only allows an encroachment of 10% of the canal width. The Planning & Zoning Board recommended approval of the variance request subject to review of the variance in five years, in case the lift becomes a hazard or an obstruction to navigation. Craig Breines explained that his existing boat sits in the water at the dock and extends into the canal approximately 10.2 feet. The proposed boatlift would only extend another 1.9 feet. He presented a petition from his neighbors stating no objection to the variance. Mayor Anton opened the public hearing. John Greatfeller, 1440 Nautilus Isle, spoke in favor of the variance. Brian Dickens, 1437 Nautilus Isle, spoke in favor of the variance. Faye Bartelmes, spoke in opposition of the variance. Hearing no further comments, the public hearing was closed. In response to Commissioner Mikes, Mr. Breines advised that he had a 25-foot Dusky, with an inboard motor, and it weighed 8,000 lbs. Commissioner Mikes was of the opinion that a 25-foot boat could remain in the water or be put on davits. He suggested that the applicant could remove the dock in order to install the lift at the seawall. Mr. Breines explained that the depth of the water at the seawall would not accommodate the lift. He advised that the manufacturer of the lift could pull the piling in by 9 to 10 inches. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to deny the variance request (VA-68-02). The motion passed on the following 3/2 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — no MINUTES 13 . MARCH 25, 2003 CITY OF DANIA BEACH Commissioner Flury—yes Mayor Anton — no Commissioner Mikes - yes 9.9 A Site Plan Modification request by Dusky Marine, Inc. to comply with the condition established by the City Commission at their Special Meeting on March 12, 2003, for abatement of the Code Enforcement fine. Property located at 110 Bryan Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY RALPH BROWN, PRESIDENT OF DUSKY MARINE, INC. FOR PROPERTY LOCATED AT 110 BRYAN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the City Commission reduced a code enforcement fine from $32,000 to $1,000 subject to the preparation of a landscaping plan to be approved by the City Commission and subject to completion of the landscaping within a certain time. The proposed landscaping plan presented by Mr. Brown indicates the installation of landscaping along Bryan Road in front of the building subject to the code violations, however, there is no indication of underground irrigation. Mr. Brown explained that there is no underground irrigation for the existing landscaping and it is all very healthy. He did not feel that underground irrigation was necessary for any additional landscaping. Mayor Anton opened the public hearing. An unidentified woman advised that the boat storage area is owned by Florida Power & Light and is rented by Dusky Marine. She advised that ficus hedges and palm trees would be installed. Although Commissioner Mikes preferred an irrigation system, he suggested that the City's landscaping consultant review the landscaping plan to suggest some native materials that can live without irrigation. Director Leeds requested clarification from the Commission as to whether or not the applicant should be required to install landscaping in front of the outdoor boat storage area, which is owned by Florida Power & Light. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to continue Item 9.9 to the April 22, 2003, regular meeting in order to give staff time to review the situation and work with Mr. Brown to come up with a MINUTES 14 MARCH 25, 2003 CITY OF DANIA BEACH solution. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes - yes 9.10 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 45T" STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28T" 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. (SECOND READING) Mayor Anton disclosed that he met with Mr. Shiff and Commissioner Mikes disclosed that he talked with Mr. Shiff regarding the project. Laurence Leeds, Growth Management Director, explained that the same four items were on the February 25, 2003, agenda for consideration. He advised that the rezoning request was denied and no action was taken on the other three items. On March 12, 2003, the Commission voted to reconsider the rezoning request. Director Leeds advised that the applicant modified his project from 88 dwelling units to 55 dwelling units, which would be 6.25 units per acre. The Code allows a maximum of 5 units per acre. The site plan includes 43 interior boat slips at the northeast portion of the site and dockage for an estimated 10 additional boats that are located parallel to the Dania Cut-off Canal. The parallel dockage would extend 12 feet into the Dania Cut-off Canal, which is allowed by the Code. The project exceeds the required 40% pervious area and would only cover 25% of the site. The Code allows up to 40% of the site. The applicant is proposing a combination of two-story and three-story cluster town homes. The two-story units will be located on SW 45 Street and the three-story units will be located in the interior of the project. The applicant has indicated that 70-75% of the trees on the site will be preserved. The Site Plan was revised to route all the traffic through Griffin Marine Park to SW 30th Avenue. The City's traffic consultant concluded that the impacts associated from this project could be sufficiently accommodated by the existing roadway network and that the site distance on SW 30th Avenue is adequate for passenger vehicles to turn left onto Griffin Road. Staff recommended approval of the PUD zoning with the condition that all MINUTES 15 MARCH 25, 2003 CITY OF DANIA BEACH traffic be routed out to SW 30th Avenue as indicated on the Site Plan, and that maximum density be limited to 55 units. Mayor Anton opened the public hearing. Eric Olsen, 4541 SW 28th Terrace, was satisfied with Mr. Shiff's proposal but was concerned about the lack of drainage and asked staff to investigate the situation. Gary Hecker, Sierra Club, opposed the rezoning of the property because it would allow the construction of 53 boat slips that would endanger the manatees. Beulah Lair asked Mr. Shiff if he would advise the buyers that the development would be directly under the approach to the airport. The applicant confirmed that the buyers would be made aware of the airport situation. Cara Campbell, Broward County Green Party, was pleased that the trees would be preserved, but was more concerned about the endangered manatee. She asked that the boat slips be denied. Harry Hill, 2990 SW 45 Street, advised that he met with Mr. Shiff and was satisfied with the proposed changes to the project. For the record, Mr. Hill also mentioned that Mr. Shiff would be willing to install a playground in the passive park. Patrick McCarol, 4600 SW 30 Way, was not opposed to the project but was concerned about the drainage. Morris Stowers, 201 SE 5 Street, Dania Beach Chamber Director, spoke in favor of the project. Steve Cronenberg, 2900 SW 45 Street, felt that Mr. Shiff did a remarkable job of addressing the concerns of the residents. Mr. Cronenberg spoke in favor of the project but asked that the drainage issue be addressed. Charlene Scalese, 826 NW 13 Avenue, spoke in favor of the project with the exception of the boat slips. Richard Walser, 2809 SW 46 Street, asked the Commission to consider reducing the number of boat slips. He was also concerned about flooding. Gary Luedtke, suggested the possibility of a contribution to "Save the Manatee" and the establishment of an impact fee from the condo association for speed patrolling on the Dania Cut-off Canal. MINUTES 16 MARCH 25, 2003 CITY OF DANIA BEACH Rose Lizana, SE 2 Street, spoke in favor of the project and urged the Commission to approve it. Sherry Suave, 4491 SW 29 Terrace, spoke in favor of the project. Scott Swinford, 2838 SW 45 Street, was opposed to the three-story units. Richard.Shaw, 329.NE 2 Court, present owner of subject property, stated that the project would be an upgrade to the area with the lowest density of any similar type project located in Dania Beach. He urged the Commission to approve the proposed development for the good of Dania Beach. Hearing no further comments, the public hearing was closed. Michael Shiff explained that all traffic would be diverted onto SW 30 Avenue. The Site Plan has been designed to preserve approximately 70% of all trees on the site. Mr. Shiff was committed to spend the funds to have a catch basin installed on SW 45 Street that would connect to the drainage system in the proposed development, which will drain into the canal and totally eliminate any drainage problem on SW 45 Street from SW 30 Avenue to SW 28 Terrace. The Homeowners' Association documents will be written to provide that the use of the marina is a privilege, not a right, and violators of the law will be suspended from the use of the facilities for a certain period of time. Mr. Shiff explained that the three-story buildings would only be on the interior of the site and they would be no taller than 35-feet, which is the same height as the two-story buildings. Commissioner Chunn commended Mr. Shiff for addressing the concerns of the affected residents. Mayor Anton commended Mr. Shiff for committing the funds to address the drainage issues. He felt that the proposed development would be less of an impact on the neighborhood. Commissioner Flury was also in support of the project. She was concerned about the manatees, but felt that boaters endanger manatees, not development. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the ordinance approving the rezoning on second and final reading subject to the following: © The project be a maximum of 55 dwelling units ® All vehicular traffic be directed to SW 30 Avenue © The zoning change shall be in accordance with the presented Site Plan. MINUTES 17 MARCH 25, 2003 CITY OF DANIA BEACH The motion passed on the following 4/1 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury —yes Mayor Anton - yes Commissioner Mikes - no 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. (SECOND READING) A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the ordinance on second and final reading, subject to final review by the Public Works/Utilities Director for easements, etc. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes ® Commissioner Flury —yes Mayor Anton - yes Commissioner Mikes - yes c) VA-04-03 — A Variance request by Michael Shiff of the Shiff Group, for property (Cape Fear Parcel) 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. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FROM CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION, 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, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the Resolution approving the variance (VA-04-03) request, subject to the following: MINUTES 18 MARCH 25, 2003 CITY OF DANIA BEACH 15 conditions indicated in staff report as follows: 1 This j roect is located west of Ft. Lauderdale/Hollywood International p Airport and may be impacted by current plans to extend the south parallel runway at the airport. The developer shall acknowledge and agree to provide notice to prospective purchasers of airport/runway expansion plans in HOA documents. 2) Construction of the boat basin and parallel dockage will require multi- jurisdictional review and approval by federal, state, or county environmental permitting agencies. Please note that City Commission site plan approval of the boat basin and dockage creates no expectation of approval by any federal, state, and/or county environmental permitting agency. 3) Building setbacks dimensions consistent with the approved site plan shall be clearly indicated on the construction plans. 4) Installation of screen enclosures and/or patios shall require approval of a revised site plan by the City Commission. Please note screen enclosures must comply with building setback requirements. 5) The applicant shall obtain the approval of the Assistant to the City Manager for any modifications to Griffin Marine Park, including approval of tree relocation, preservation, or replacement. 6) Applicant to obtain the approval of Broward County Traffic Engineering regarding removal of the "no left turn" sign at SW 30th Avenue access. 7) Applicant to show location of roll-out garbage containers. Applicant to identify location of mail boxes. 8) Town homes located adjacent to SW 45th Street shall be limited to two stories in height. 9) Identity a/c units on the site plan (a/c units may be prohibited in between zero lot line units based on window placement). 10) Payment of additional cost recovery fees (as required) prior to issuance of any building permits. 11) Applicant to comply with tree preservation, tree relocation, and landscape trust fund requirements. Prior to issuance of any tree removal permits, applicant to obtain City Commission approval of the final landscape plan, including Griffin Marine Park and proposed open space dedication areas. MINUTES 19 MARCH 25, 2003 CITY OF DANIA BEACH Landscape plan to show location of all wet and dry retention areas, including ® retention area cross-sections and dimensions. 12) Prior to issuance of the last five certificates of occupancy, the City's landscape consultant shall evaluate the health of the preserved and relocated oak trees. If any oak trees are determined by the City's landscape consultant to be sick or dead due to improper relocation, lack of watering, lack of fertilization, or the result of failing to properly protect trees from adjacent construction, the applicant shall submit a revised landscape plan to the City Commission, including the payment of landscape fund fees for oak trees which the City's landscape consultant has determined cannot be saved. The revised landscape plan shall be approved by the Commission and required landscape fund fees shall be paid prior to issuance of the last five certificates of occupancy. Applicant shall not be responsible for oak trees which become sick or die from causes unrelated to the actions of the applicant as determined by the City's landscape consultant. 13) Applicant to pay local park impact fees (set-off against open space dedication), landscape trust fund fees (as determined by the number and value of trees removed from the site) and tree removal permit fees prior to issuance of a building permit. 14) Applicant to submit documentation of compliance with mammal/ ® marsupial relocation requirements prior to tree removal or land clearing. 15) Applicant shall clearly address the following parking issues on the building permit drawings: Provision for 121 parking spaces (excluding garage spaces) and parking detail 'sheet showing parking stall detail (typical and handicapped) and Type "D" curbing detail. Provide dimensions of parking spaces in front of each unit. Provide dimensions of internal garage space and garage doors. Provide dimension of turn-around area provided at the end of each dead end street. Show number of stacking spaces provided for visitors at entry call box. Identify on plans the location of entry gates or guard arms. © Town homes and zero lot line homes shall be limited to 2 stories along SW 45 Street • Developer shall construct a catch basin on SW 45 Street to address drainage in the area The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury — yes Mayor Anton - yes MINUTES 20 MARCH 25, 2003 ® CITY OF DANIA BEACH Commissioner Mikes - yes ® d) SP-05-03 — A Site Plan request by Michael Shiff of the Shiff Group, for property (Cape Fear Parcel) 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. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE .PLAN REQUEST SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45T" STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28T" TERRACE AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the Resolution approving the Site Plan (SP-05-03) request, subject to the following: 0 15 conditions indicated in staff report as follows: 1) This project is located west of Ft. Lauderdale/Hollywood International Airport and may be impacted by current plans to extend the south parallel runway at the airport. The developer shall acknowledge and agree to provide notice to prospective purchasers of airport/runway expansion plans in HOA documents. 2) Construction of the boat basin and parallel dockage will require multi- jurisdictional review and approval by federal, state, or county environmental permitting agencies. Please note that City Commission site plan approval of the boat basin and dockage creates no expectation of approval by any federal, state, and/or county environmental permitting agency. 3) Building setbacks dimensions consistent with the approved site plan shall be clearly indicated on the construction plans. 4) Installation of screen enclosures and/or patios shall require approval of a revised site plan by the City Commission. Please note screen enclosures must comply with building setback requirements. 5) The applicant shall obtain the approval of the Assistant to the City Manager for any modifications to Griffin Marine Park, including approval of tree relocation, preservation, or replacement. MINUTES 21 MARCH 25, 2003 CITY OF DANIA BEACH 6) Applicant to obtain the approval of Broward County Traffic Engineering ® regarding removal of the "no left turn" sign at SW 30th Avenue access. 7) Applicant to show location of roll-out garbage containers. Applicant to identify location of mail boxes. 8) Town homes located adjacent to SW 45th Street shall be limited to two stories in height. 9) Identity a/c units on the site plan (a/c units may be prohibited in between zero lot line units based on window placement). 10) Payment of additional cost recovery fees (as required) prior to issuance of any building permits. 11) Applicant to comply with tree preservation, tree relocation, and landscape trust fund requirements. Prior to issuance of any tree removal permits, applicant to obtain City Commission approval of the final landscape plan, including Griffin Marine Park and proposed open space dedication areas. Landscape plan to show location of all wet and dry retention areas, including retention area cross-sections and dimensions. 12) Prior to issuance of the last five certificates of occupancy, the City's landscape consultant shall evaluate the health of the preserved and relocated oak trees. If any oak trees are determined by the City's landscape consultant to be sick or dead due to improper relocation, lack of watering, lack of fertilization, or the result of failing to properly protect trees from adjacent construction, the applicant shall submit a revised landscape plan to the City Commission, including the payment of landscape fund fees for oak trees which the City's landscape consultant has determined cannot be saved. The revised landscape plan shall be approved by the Commission and required landscape fund fees shall be paid prior to issuance of the last five certificates of occupancy. Applicant shall not be responsible for oak trees which become sick or die from causes unrelated to the actions of the applicant as determined by the City's landscape consultant. 13) Applicant to pay local park impact fees (set-off against open space dedication), landscape trust fund fees (as determined by the number and value of trees removed from the site) and tree removal permit fees prior to issuance of a building permit. 14) Applicant to submit documentation of compliance with mammal/ marsupial relocation requirements prior to tree removal or land clearing. MINUTES 22 MARCH 25, 2003 CITY OF DANIA BEACH 15) Applicant shall clearly address the following parking issues on the building permit drawings: Provision for 121 parking spaces (excluding garage spaces) and parking detail sheet showing parking stall detail (typical and handicapped) and Type "D" curbing detail. Provide dimensions of parking spaces in front of each unit. Provide dimensions of internal garage space and garage doors. Provide dimension of turn-around area provided at the end of each dead end street. Show number of stacking spaces provided for visitors at entry call box. Identify on plans the location of entry gates or guard arms. ® Town homes and zero lot line homes shall be limited to 2 stories along SW 45 Street ® Developer shall construct a catch basin on SW 45 Street to address drainage in the area The motion passed on the following 4/1 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury —yes Mayor Anton - yes Commissioner Mikes - no 9.11 SP-26-01 - A Site Plan Modification request by Kevin Guthard, Trafalgar Associates, for Sheridan East LLC to change the type of parking lot turf block (original turf block was 50% pervious, the proposed turf block is 12% pervious). The change causes a decrease in "overall site landscape area" from 50% to 35%. Property approximately located at 625 East Sheridan Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY KEVIN GUTHARD, REPRESENTING SHERIDAN EAST LLC., FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that there was a change to the Code after the original site plan was approved, thereby requiring the applicant to seek Commission approval, because to change the type of parking lot turf would decrease the pervious area to 35% and the required pervious area is 40%. Director Leeds recommended approval. Kevin Guthard was present to request approval. Mayor Anton opened the public hearing. MINUTES 23 MARCH 25, 2003 CITY OF DANIA BEACH ® Rose Lizana spoke in favor of the project. Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the Site Plan (SP-26-01). The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury — yes Mayor Anton - yes Commissioner Mikes - yes 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn asked everyone to keep our troops in their prayers. 10.2 Commissioner Flury had no comments. 10.3 Commissioner Mikes expressed his concern for the troops. 10.4 Vice-Mayor McElyea complained about the trash at the Leo's Motel property. Director Leeds reported that the trash is supposed to be gone by Saturday. 10.5 Mayor Anton asked that a resolution be drafted supporting the troops. He asked staff to provide the status of the speed bumps on SW 28 Terrace at the next meeting. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 6.2 11.1 Special request by the Dania Beach Improvement Committee to install a recirculating water fountain near the northeast corner of City Hall. Patti Haigh, 434 SE 3 Terrace, President Dania Beach Improvement Committee, and Betty Stonebreaker, Member, requested approval to install a recirculating fountain near the northeast corner of City Hall at no cost to the City except that the water level be monitored by City staff. They also asked that the permit fees be waived. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to allow the installation of the fountain by the Dania Beach Improvement Committee and to waive the building permit fees. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton — yes Commissioner Mikes - yes MINUTES 24 MARCH 25, 2003 CITY OF DANIA BEACH THE CONSENT AGENDA WAS HEARD AFTER ITEM 11.1 11.2 Discussion of establishing Charter Review Board and possible adoption of Resolution. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING A CITY CHARTER REVIEW BOARD; PROVIDING FOR THE APPOINTMENT OF MEMBERS, POWERS AND DUTIES OF THE BOARD, AND FOR BOARD RECOMMENDATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury felt it was time for a good, thorough review of the Charter; specifically how the Mayor and Commissioners are elected. She recommended that the time frame of four months in the resolution should be increased to ten months. She also recommended that the City Clerk be designated as the liaison for the Board. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution as amended by changing the time frame from four months to ten months. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury —yes Mayor Anton - yes Commissioner Mikes - yes 11.3 Discussion of Dania Economic Development Board. Commissioner Flury requested that Item 11.3 be continued to April 12, 2003, regular meeting. 12. APPOINTMENTS: 12.1 Appointment of 15 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO(2)YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Flury appointed Jay Field, Charlene Scalese and Beulah Lair. Mayor Anton appointed Zachary Adams, Billy Phipps, and Gary Luedtke. MINUTES 25 MARCH 25, 2003 CITY OF DANIA BEACH 12.2 Appointment of 5 members to the Budget Advisory Board. ® "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE"BUDGET ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner McElyea appointed Myrtle Corbin. 12.3 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." Mayor Anton recommended Gary Luedtke and the Commission generally agreed. 12.4 Appointment of 10 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 SERVE TWO (2) YEAR TERMS EXPIRING 12:06 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.5 Appointment of 10 members to the Human Relations Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "HUMAN RELATIONS ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Flury appointed Roy Davenport. Commissioner Mikes appointed Jay Field. Vice-Mayor McElyea appointed Darryl Hankerson and Chickee Brandimarte. Mayor Anton appointed Judy Usifer. 12.6 Appointment of 5 members to the I.T. Parker Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER COMMUNITY ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 MINUTES 26 MARCH 25, 2003 ® CITY OF DANIA BEACH NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Mayor Anton appointed Judy Usifer. 12.7 Appointment of 15 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 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Flury appointed Debbie Auchter, Clive Taylor and Ray Lair. Vice Mayor McElyea appointed Carol Stockrocki and Bernard Swindel. Mayor Anton appointed Craig Leonard. 12.8 Appointment of 5 members (1 by each Commissioner) and 2 Alternate members by Commission to the Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "NUSIANCE ABATEMENT BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2)YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Vice Mayor McElyea appointed Cad Kresa. Mayor Anton appointed Mike Talotta. 12.9 Appointment of 10 members to the Parks, Recreation & Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARK, RECREATION & COMMUNITY ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2)YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Flury appointed Sharon Nearn. Mayor Anton appointed Chip Brockman. 12.10 Appointment of 5 members to the Planning & Zoning Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PLANNING & ZONING ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". MINUTES 27 MARCH 25, 2003 CITY OF DANIA BEACH ® Commissioner Flury appointed Edward Bourgeois. Vice-Mayor McElyea appointed George Jason. 12.11 Appointment by Commission of four citizen members to the Police & Fire Pension Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "POLICE & FIRE PENSION BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO(2)YEAR TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Mayor Anton recommended that the citizen appointments to the Police & Fire Pension Board be continued until the City Manager and Finance Director can have an opportunity to review recent legislation that passed relating to pension funds and report back to the City Commission. Commissioner Flury mentioned that she reviewed the legislation and that the City will be impacted somewhat, however, it would not alter the requirement for the Board of Trustees to be appointed. Commissioner Flury reminded the City Commission that the existing board members have been trained in pension matters while serving over the years and that it is best to reappoint the existing board members, except for Robert Donly who resigned. Commissioner Flury recommended that Pat Rafacz be appointed to replace Robert Donly and that the rest of the existing citizen members be reappointed. The City Commission generally agreed to continue all appointments to the to the Police and Fire Pension Board until April 8, 2003.. 12.12 Appointment by Commission of 3 members (1 Attorney, 1 Plumbing Contractor, 1 Real Estate Property Manager) to the Unsafe Structures Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "UNSAFE STRUCTUES BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE THREE (3) YEAR TERMS ENDING MARCH 12, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Flury recommended reappointing the three members: Richard Bettor, Real Estate Property Manager, Andy Greene, Plumbing Contractor, and Harry Hipler, Attorney. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, adopting all Resolutions confirming all appointments as submitted for each Board. The motion passed on the following 5/0 roll call vote: MINUTES 28 MARCH 25, 2003 ® CITY OF DANIA BEACH Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury — yes Mayor Anton - yes Commissioner Mikes - yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato had no comments. 13.2 City Attorney Ansbro had no comments. 13.3 City Clerk Johnson reminded the Commission of the Workshop meeting scheduled for March 27 at 4:00 p.m. 14. ADJOURNMENT The meeting adjourned at 11:45 p.m. ATT ST: /oA&Aton Mayor— C VMmissioner Charlene Johnso City Clerk ® Respectfully submitted by Nanci Denny Approved: January 13, 2004 MINUTES 29 MARCH 25, 2003 ® CITY OF DANIA BEACH