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HomeMy WebLinkAbout2003-05-27 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MAY 27, 2003 (HELD MAY 28, 2003) 7:00 P.M. THE MEETING OF MAY 27, 2003, WAS CONTINUED TO MAY 28, 2003, DUE TO A POWER OUTAGE AND SEVERE STORM CONDITIONS. 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Father Roger Holoubek, St. Maurice Catholic Church, was not present to give the invocation, and Mayor Anton asked for a moment of silence. 3. ROLL CALL: Present: Mayor: Robert 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 Beverly Worley, 4541 SW 25 Avenue, spoke about a parcel of vacant land near SW 25 Avenue and SW 45 Street that includes a lake feeding into the Dania Cut-off Canal, which provides a natural eco system for wildlife in the neighborhood. She asked the Commission to adopt a resolution requesting that Broward County purchase this parcel of land under the Broward County Bond and Land Preservation Program. She advised that signatures were obtained from 62 of the surrounding residents in favor of the resolution. She also read a letter from Karen Gordon, 2411 SW 45 Street, whose property would be directly impacted by any proposed development. A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to prepare, and forward to the Broward County Commission, a resolution urging MINUTES 1 MAY 27, 2003 CITY OF DANIA BEACH Broward County to purchase the property under Broward County's Bond and Land Preservation Program. Commissioner Mikes advised that the County would like to buy the property, as well as the residential homes surrounding it, and that the City has been fighting for years to keep the area residential. He requested that the Airport Advisory Board and the Marine Advisory Board present a recommendation to the Commission on the purchase of the land by the County. 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 4.2 Mimi Donly, Realtor and past Chair of the Chamber of Commerce, was very interested in seeing the City approve the lease agreement for the pier restaurant. 4.3 Mayor Anton asked Mike Sheridan, Director of Public Works/Utilities, to explain the City's response to last night's flooding situation. Director Sheridan reported that he was aware of the upcoming storm ahead of time and took action to direct staff to pump down drain lines throughout the area by 4:00 p.m. He also advised that the pumps were maintained throughout the night. Barricades were put up in the flooded areas to divert traffic, however, some vehicles drove around the barricades causing waves onto residents properties. Director Sheridan reported that he received a report from Broward County Traffic Engineering indicating that speed tables would be installed on SW 28 Terrace and SW 27 Terrace. Faye Bartelmes felt that the City should demand that FDOT correct the drainage situation on Stirling Road between SW 2 Avenue and SW 3 Avenue due to the severe flooding caused by the storm. Mayor Anton pointed out that the Dania Beach Fire Department was out in force assisting with the flooding situation as well as additional BSO deputies. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation by Fire Department staff on the recent ALS and Extrication Competition held in the City of Dania Beach. ITEM 5.1 WAS CONTINUED TO THE JUNE 10, 2003, REGULAR MEETING At this time, Commissioner Mikes expressed his concern about action being taken tonight on public hearings or property leases because a motion had not MINUTES 2 MAY 27, 2003 CITY OF DANIA BEACH been made to continue last night's meeting when it had to be cancelled due to the inclement weather. City Attorney Ansbro advised that Mayor Anton did make an announcement that the meeting would be postponed until tonight and based on his experience and review of the law this morning, he advised the Commission that they could go forward with this meeting. However, he did agree with Commissioner Mikes that someone could always use the situation as an opportunity to attack a decision made tonight. 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Items 7.6 & 7.8 and Mayor Anton pulled Item 7.7. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: • Approval of minutes for Special Abatement Meeting, January 16, 2003 © Approval of minutes for Special Meeting, February 5, 2002 7.2 Travel Expenditures- June 1 - 5 — Approval for Frank Crandon and James Savage, Building Department, to attend the Building Officials Association of Florida Education Conference in Orlando for certification purposes. Estimated cost $1,114 each. • ADDENDUM • May 31 — Approval for Mayor Anton and City Manager Pato to attend Florida Sterling Council Leadership 5th Annual Conference in Orlando. Estimated cost $250 each 7.3 Bills: Approval of Bills for the month of April 2003. Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH FOR SCHOOL CROSSING GUARD STAFFING SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $78,000.00 FOR THE SCHOOL YEAR 2003/04; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SUMMER FOOD SERVICE AT FROST PARK, C.W. THOMAS PARK AND P.J. MELT PARK; AUTHORIZING APPROVAL OF THE SCOPE OF SERVICES TO BE PROVIDED FROM JUNE • 16 THROUGH AUGUST 8, 2003 IN AN AMOUNT NOT TO EXCEED $38,500.00 MINUTES 3 MAY 27, 2003 CITY OF DANIA BEACH FROM GRANT FUNDING; PROVIDING FOR CONFLICTS; FURTHER, . PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to approve the Consent Agenda with the exception of Items 7.6, 7.7 & 7.8. 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: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, STRONGLY SUPPORTING THE ENACTMENT OF HOUSE BILL 0019 AND SENATE BILL 1498 KNOWN AS "THE DIGNITY FOR ALL STUDENTS ACT" WHICH PROHIBITS HARASSMENT AND DISCRIMINATION OF, AND THREATS OF VIOLENCE AGAINST, STUDENTS BASED UPON IDENTITIES OR EXPRESSIONS OF CERTAIN CATEGORIES OF PERSONS, PROHIBITS RETALIATION AGAINST STUDENTS WHO ASSERT RIGHTS UNDER THE ACT, AND REQUIRES EDUCATIONAL INSTITUTIONS COVERED BY THE ACT TO DEVELOP AND IMPLEMENT METHODS AND STRATEGIES CONCERNING THE PROTECTIONS OF THE ACT; PROVIDING FOR AN EFFECTIVE DATE. • Commissioner Mikes was concerned that the resolution could make it more difficult for teachers in the classroom or open up more opportunities for litigation against teachers. Bonnie Temchuk, Grants Coordinator, explained that one of the main objectives of the Urban Infill grant was to increase the educational levels of children within the community. The resolution would allow children the freedom to express themselves without harassment and discrimination by fellow students and that teachers support the resolution. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution. 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 CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EMERGENCY SERVICES CONSULTING INC. TO PERFORM AN EVALUATION ON THE CAPITAL NEEDS AND PERSONNEL STRUCTURE OF THE FIRE RESCUE ® DEPARTMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT MINUTES 4 MAY 27, 2003 CITY OF DANIA BEACH ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Anton advised that the purpose of the agreement is not to have an adverse affect on the Fire Department nor is it to be construed as a lack of confidence in the administration of the Fire Department, but rather to have an outside, non-political source, take a look at the needs of the City's fire-rescue service prior to upcoming budget hearings. In response to Commissioner Flury, City Manager Pato advised that the study could be completed by the first week in August, if the agreement was approved tonight. Commissioner Mikes agreed that an outside non-political source should conduct the evaluation. Vice-Mayor McElyea commended the Fire Department and its administration and did not support the hiring of a consultant to determine the needs of the department. Commissioner Flury felt that it would be healthy for a consultant to look at the staffing patterns and geographical issues, and that the study could prove to be very helpful to the Chief in regards to increasing staff. . A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to adopt the resolution. 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 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THE DIRECTOR OF FINANCE TO ESTABLISH A DESIGNATED FUND BALANCE IN THE GENERAL FUND IN AN AMOUNT OF $500,000 FOR LEGAL, CONSULTING AND OTHER FEES REQUIRED TO PROTECT CITY RESIDENTS HOMES AND BUSINESSES THREATENED BY PROPOSED AIRPORT EXPANSION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes stated that the areas of Dania Beach impacted by the airport expansion needed to be preserved and that many of the benefits the City enjoys is due to additional revenues from the annexation of neighborhoods that adjoin or are close to the airport. One of the reasons these neighborhoods volunteered to join Dania Beach was because they were told that Dania Beach would go to bat for them against the airport expansion. • MINUTES 5 MAY 27, 2003 CITY OF DANIA BEACH Patricia Varney, Finance Director, explained that she spoke with Suntrust Bank and Wachovia Bank about securing a line of credit. Wachovia Bank would require an upfront cost of $5,000 for the legal documents, and a commitment cost of $5,000. Suntrust Bank would require an upfront cost of $5,000 and a 20 basis point on any unused balance. She advised that the City presently had an available fund balance of over $2,000,000 and $8,000,000 in cash in the general fund as of May 20, 2003. After conferring with the auditors, it was determined that it would not be in the best interest of the City to open a line of credit and absorb the upfront costs, but rather to establish a "designated fund for airport use" in the amount of $500,000 from the fund balance. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to approve staff's recommendation and adopt the resolution. 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 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: • 9.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND MR. SVEN H. JUTZ AND MS. UTE STORK PERTAINING TO PROPERTY OWNED BY THE CITY AND COMMONLY KNOWN AS THE DANIA BEACH PIER RESTAURANT AND BAIT SHOP PROPERTY; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney advised that although Mr. Jutz and Ms. Stork have been married for 22 years, Sven H. Jutz would be the named leaseholder, so Ms. Stork asked that her name be removed. He read the title of the ordinance as amended. City Attorney Ansbro presented the following elements in the lease that the proposed lessee did not agree with: • The lease shall be a base term of 10 years with two 5-year option terms, to be reciprocal, not to exceed a 20-year total term. • Lessee shall pay a base rent of $8,000 per month for the first 10 years subject to an escalator clause based on the CPI beginning in year 11. • Lessee shall pay the ad valorem property tax assessed on the restaurant. MINUTES 6 MAY 27, 2003 CITY OF DANIA BEACH Mayor Anton opened the public hearing. Charlene Scalese, 826 NW 13 Avenue, agreed that the restaurant was a good idea, but felt that the business owner should pay the taxes. She felt that the restaurant should cater to everyone and should not just be a place to hang out and drink. Stephanie Malone, 515 NE 2"d Place, felt that the restaurant was a fabulous idea. She pointed out that the proposed tenant had a good reputation, and hoped that the City Commission could work out the issues with Mr. Jutz. Beulah Lair felt that it was time to have a restaurant on the pier. Maria Gianakopoulos, 209 NE 1st Court, stated that Dania Beach has a gorgeous beach that needs to be shared with the community and that the restaurant would be an amazing opportunity to bring more people to Dania Beach. Dee Dee Allen, 1025 SE 6th Court, felt that Dania Beach was unique and she totally supported the restaurant idea. Faye Bartelmes urged the Commission to remember what happened with SeaFair. • Pat Rafacz, 610 Trafalgar Court, spoke in favor of the proposed restaurant facility and felt that it should be done now. George Jason, Davis Isles, spoke in favor of the proposed restaurant facility. Hearing no further comments, Mayor Anton closed the public hearing. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the ordinance approving the lease agreement. Commissioner Mikes was concerned that the proposed facility would be more of a drinking establishment than a restaurant and would lead to more law enforcement. He felt that a restriction should be placed on the sale of alcohol and he was not in favor of a long-term lease. He suggested that the City build the restaurant and hire someone to operate it. Vice-Mayor McElyea felt that the base rent fee was too low compared to the $600,000 that the City would be spending to build the shell for the restaurant. He also felt that the ad valorem taxes should be paid by the lessee. Commissioner Flury stated that the prospective tenants run a very respectable • restaurant in Ft. Lauderdale and it would not be rational to forbid a restaurant MINUTES 7 MAY 27, 2003 CITY OF DANIA BEACH from serving liquor. She believed that 8% of gross revenues would bring in a • significant amount of money to the City. In response to Mayor Anton, Finance Director Pat Varney advised that the City borrowed $600,000 for the restaurant in April 2002 and has paid out $50,765 in interest on the loan thus far. If the loan amount is given back, the cost would be approximately $63,000 in addition to the interest already paid out. She also advised that the annual debt service for the loan is $93,000 and that the annual minimum rent payment would be $96,000. City Manager Pato explained that he pursued a lease agreement with the prospective tenant as directed by the Commission and the offer on the table is the only offer the prospective tenant is prepared to make. It is the best offer on the table at the moment and it is up to the Commission to accept it or reject it. He advised that the prospective tenant is proposing to invest up to $300,000 in the facility and would need more than a 10-year lease in order to obtain financing. City Attorney Ansbro explained that family values were definitely kept in mind when negotiating this lease agreement. He advised that the operating hours would be from 7 a.m. to 10 p.m., 6 days a week, which can only be changed with prior written consent of the City. He also advised that each special event would have to be approved by the Commission with whatever conditions they want • placed on the event. Commissioner Mikes asked that the motion be amended to include language in the lease agreement that the City Commission be given the absolute right to prohibit alcoholic beverages outside the actual restaurant, if deemed in the best interest of the City. Commissioner Flury and Commissioner Chunn both accepted the amendment to the motion approving the lease agreement for a pier restaurant with Sven Jutz. The motion passed on the following 3-2 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — no Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes - no 9.2 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING THE TEXT WITHIN ARTICLE 16 "INDUSTRIAL-RESEARCH-OFFICE (IRO)" DISTRICT 16.40 "SPECIAL EXCEPTION USES" BY PROVIDING DISTANCE SEPARATION REQUIREMENTS FOR CERTAIN SPECIAL EXCEPTION USES AND RESIDENTIAL LAND USE DESIGNATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) MINUTES 8 MAY 27, 2003 CITY OF DANIA BEACH City Attorney Ansbro read the ordinance title. • Laurence Leeds, Growth Management Director, advised that the proposed ordinance was part of an on-going project to clean up and clarify the City's zoning code and establishes a minimum setback of 1500 feet from residential properties. 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 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 9.3 a) PZI-32-03 - Request by Stephen K. Tilbrook, Esq., on behalf of South Florida Sports Committee, Inc., to establish a "Brownfield" site designation for the Motocross property located at 2600 SW 36t" Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING . CERTAIN PROPERTY WITHIN THE CITY OF DANIA BEACH AS A "BROWNFIELD" IN NEED OF SPECIAL ATTENTION BECAUSE OF THE PUBLIC PERCEPTION OF HAZARDOUS WASTE CONTAMINATION AND/OR THE EXISTENCE OF HAZARDOUS WASTE CONTAMINATION LEADING TO THE UNDER UTILIZATION OF THE PROPERTY LOCATED AT 2600 SW 36T" STREET (2600 COLLINS ROAD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) PZI-33-03 — Request by Stephen K, Tilbrook, Esq., on behalf of MABB, LLC., to establish a "Brownfield" site designation for property located at 2740 SW 361n Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING CERTAIN PROPERTY WITHIN THE CITY OF DANIA BEACH AS A "BROWNFIELD" IN NEED OF SPECIAL ATTENTION BECAUSE OF THE PUBLIC PERCEPTION OF HAZARDOUS WASTE CONTAMINATION AND/OR THE EXISTENCE OF HAZARDOUS WASTE CONTAMINATION LEADING TO THE UNDER UTILIZATION OF THE PROPERTY LOCATED AT 2740 SW 36TH STREET (2740 COLLINS ROAD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Attorney Stephen Tilbrook explained that "Brownfield" is a designation created • under Florida Law to encourage the redevelopment of under-utilized industrial MINUTES 9 MAY 27, 2003 CITY OF DANIA BEACH sites where the redevelopment has been compromised by either an actual contamination or a perception of hazardous waste contamination. He explained that the nature of the request was to bring two under-utilized industrial sites back into productive use, providing for job creation, tax revenue and a foundation for economic development in a challenged area. Both parcels are a total of 15 acres and are both zoned IROM. Attorney Tilbrook explained that the intended redevelopment of the site located at 2600 SW 36 Street involves an office industrial warehouse complex of 168,000 square feet of use, contemplating an investment of approximately $10,000,000. The development would create 120 jobs, 296 parking spaces and would be an attractive, valuable use for the City of Dania Beach. It would have no impact on neighborhoods in the immediate vicinity and the estimated completion time would be between one and two years. The property meets the criteria of the "Brownfield" designation as determined by City staff as well as the Broward County Brownfield Task Force. Attorney Tilbrook explained that the intended use of the property located at 2740 SW 36th Street is to develop an industrial warehouse complex with 50,000 square feet with an investment of approximately $3,000,000, as well as the creation of 40 to 50 jobs. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. In response to Commissioner Mikes, Director Leeds advised that there have been no costs incurred by the City at this time, however, if staff or legal counsel become involved with the issue, the developer would be required to reimburse the City for all costs as part of the City's cost recovery program. Attorney Tilbrook advised that the only obligation to the City, with regard to this designation, was to hold the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolutions approving PZI-32-03 and PZI-33-03 with the condition that the applicant be responsible for any fees over and above the ordinary procedure in reference to the Brownfield designations. 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 following hearings were considered quasi- judicial hearings and swore in all persons giving testimony. He also advised the • MINUTES 10 MAY 27, 2003 CITY OF DANIA BEACH Commission to disclose any communications with the applicants in accordance • with the Jennings ruling. 9.4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "KEVIN'S PLAT", SUCH PROPERTY BEING LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE WALGREEN'S DRUG STORE WITHIN 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 "KEVIN'S PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton disclosed that he had spoken with Kevin Guthard regarding Item 9.4. Laurence Leeds, Growth Management Director, explained that staff would like to establish a local park impact fee as a condition to the plat approval and there is a traffic safety issue with regard to a left turn lane from Sheridan Street into the proposed development. Director Leeds advised that FDOT indicated that they would require a right-turn-in, right-turn-out arrangement on Sheridan Street with a channelized restriction on the driveway entrance. Director Leeds was prepared to recommend approval of the plat if the applicant would agree to the right-turn- in, right-turn-out arrangement for the property as well as the development currently under construction to the east. Shelly Eichner, Calvin, Giordano & Associates, representing Trafalgar Associates, had no problem with the channelized entrance and exit from the plat as required by Director Leeds and with the condition to establish the local park impact fee. With regard to Director Leeds' request for the channelized entrance for the eastern development currently under construction, she advised that the entrance had already been constructed. Kevin Guthard, Trafalgar Associates, stated that the necessary permits have been obtained for the entrance and the roadway has already been constructed except for the asphalt pavement. Ms. Eichner advised that the condo documents have already been recorded, which included the plat and a copy of the site plan. Closings on the units are taking place next week, and it would be rather late in the process to change the plat, the site plan, and the recorded condo documents to accommodate a channelized entrance for the eastern project. Director Leeds advised that when the site plan was submitted for the Richart plat, the parcel that was an addition to the Vet's Plat, he brought up the issue that the required left turn lane had not been installed and requested it be installed with • the Vet's Plat. MINUTES 11 MAY 27, 2003 CITY OF DANIA BEACH • It was Ms. Eichner's recollection that the site plan for the Richart plat was approved without a condition of the left turn lane from Sheridan Street. She clarified that the only issue tonight was "Kevin's Plat", not the other two plats, nor the site plans dealing with other properties that happen to be under the same ownership. She, therefore, requested approval of "Kevin's Plat". Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Commissioner Mikes suggested that the item be continued to the next meeting to allow Director Leeds the opportunity to meet with FDOT on the issue of the traffic safety hazard on Sheridan Street. Director Leeds was willing to recommend approval of the "Kevin Plat" with the condition that the channelized entrance be installed. However, for the record, he put the applicant on notice that if the Commission approved the "Richart Plat" with the condition of a left turn lane being installed, the building permit would not be issued on the "Vet's Plat" until the issue of the left turn lane was resolved. Mr. Guthard agreed to install the left turn lane if it was determined that it was a condition of the plat approval. • City Attorney Ansbro clarified that the C.O. would not be issued on the Vet's Plat if there are any conditions associated with installing a left turn lane. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the ordinance, on second reading, approving "Kevin's Plat", with the understanding that the channelized entrance be shown on the site plan. 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 9.5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "THUNDERBIRD PARK" PLAT, SUCH PROPERTY BEING LOCATED AT 3064 GRIFFIN ROAD (SOUTH OF GRIFFIN ROAD, EAST OF SW 31ST AVENUE), IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "THUNDERBIRD PARK" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. • MINUTES 12 MAY 27, 2003 CITY OF DANIA BEACH Laurence Leeds, Growth Management Director, advised that the property was located directly east of the new Publix on Griffin Road. He explained that the proposed development for this site would be a 57 unit townhouse complex. Staff recommended approval of the plat with the understanding that the applicant pay, under cost recovery, for a traffic study with regard to access from SW 31 Avenue. Shelly Eichner, Engineer, advised that her client agreed with staff's recommendation, however, she pointed out that the access from SW 31 Avenue was almost 700 feet from Griffin Road and she disagreed that a left turn lane was warranted on a two lane road with a 30 mile per hour speed limit. She had no problem with the City's traffic engineer reviewing the situation. Mayor Anton opened the public hearing. No one spoke in favor or opposition and the public hearing was closed. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the ordinance, on second reading, approving the "Thunderbird Park" plat. 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 • 9.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE NO. 2000-019 ADOPTED ON MAY 9, 2000 BY REPLACING 58 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 58 RESERVE UNITS, TO A PARCEL OF LAND KNOWN AS "PARCEL A" OF THE OF THE RICHART PLAT, WHICH IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5TH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; 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, advised that staff has generally recommended that flex units and reserve flex units be made available for multi- story mixed-use development in downtown Dania Beach and that the CRA plan calls for mixed-use mid-rise development in the urban core up to eight stories or more. Staff from the Broward County Planning Council advised that reserve flex units may not be used for projects exceeding 50 units per acre. They also advised that flex units should be reserved for downtown, because reserve flex units cannot be used for high-rise/mid-rise buildings. The City assigned 440 flex units for the various developments along Sheridan Street and staff is ® MINUTES 13 MAY 27, 2003 CITY OF DANIA BEACH recommending that the 58 flex units assigned to the "Richart Plat" be replaced • with 58 reserve flex units. Mayor Anton opened the public hearing. No one spoke in favor or opposition to the request and the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the ordinance on second 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 9.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE 2003-010 ADOPTED ON MARCH 12, 2003 BY REPLACING 87 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 87 RESERVE UNITS, TO A PARCEL OF LAND 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; 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 this was the same situation as Item 9.6 and recommended that the 87 flex units allocated to "Kevin's Plat" be replaced with 87 reserve units. Mayor Anton opened the public hearing. Shelly Eichner, Engineer, requested that the City immediately notify the Broward County Planning Council that the application for "Kevin's Plat" has been changed from flex units to reserve units. Director Leeds assured the applicant that Broward County would be notified next week. Hearing no further comments, the public hearing was closed. Commissioner McElyea inquired as to what would happen to the animals on the property. Mr. Guthard assured the Commission that the animals would be relocated as required by ordinance. ® MINUTES 14 MAY 27, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt the ordinance on second 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 9.8 a) LU-22-03 — Request by Charles Putnam & Associates, Inc. representing Barry Morris, Ocean Development Properties LLC., for Land Use Plan Amendment from "Residential 16" and "Commercial" to "Irregular Residential 15" (15 dwelling units/acre). Property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard. AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA; REQUEST BY CHARLES PUTNAM & ASSOCIATES, INC. REPRESENTING BARRY MORRIS, OCEAN DEVELOPMENT PROPERTIES LLC., TO REDESIGNATE FROM "RESIDENTIAL 16" AND "COMMERCIAL" TO "IRREGULAR RESIDENTIAL 15" (15 DWELLING UNITS / ACRE) FOR PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, 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) b) LUF-23-03 — Request by Charles Putnam & Associates, Inc., representing Barry Morris, Ocean Development Properties LLC., for property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard, to allocate a total of 54 Reserve and Flex Units. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ALLOCATING 54 RESERVE AND/OR FLEX UNITS TO THE PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the portion of the subject parcel that can be built on is approximately 4 acres along Dania Beach Boulevard. Under the current land use plan, the applicant could construct a 60,000 to 80,000 square foot shopping center and possibly 234 dwelling units. However, the applicant is proposing to build one or two buildings, 10 to 14 stories MINUTES 15 MAY 27, 2003 CITY OF DANIA BEACH . in height, for a total of 288 dwelling units, with no commercial buildings. In order to accomplish this, the land use plan would have to be amended for the entire parcel to "Irregular Density 15" and 54 flex and/or reserve units would have to be assigned to this parcel. Staff felt that high-rise, multi-family would be an appropriate use at this location if there is quality architecture, landscaping and site design. A preliminary analysis has been done and staff feels that the proposed development at this site will produce less traffic and decrease school enrollment, as well as a minimal increase in potable water demand. The Planning & Zoning Board recommended approval of the land use amendment and the assignment of the 54 flex and/or reserve units. Staff concurred with the Planning & Zoning Board's recommendation, however, staff recommended that the 54 flex and/or reserve units only be allocated for a 12 month period, at which time the applicant would have to demonstrate that he has made significant progress with the development of the property before extending the time period beyond 12 months. Director Leeds also advised that Broward County was interested in acquiring the property behind the site for the purpose of obtaining mitigation land for the airport runway expansion. Attorney Bonnie Miskel, representing the applicant, concurred with staff's recommendation and the conditions and clarified that the applicant was proposing a 15-story building. She was also aware that Broward County was interested in acquiring the parcel to the north of this site. It was the applicant's goal to increase and enhance open space and provide new housing opportunities. Mayor Anton opened the public hearing. No one spoke in favor or opposition to this request and the public hearing was closed. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to approve Item 9.8 (a) by adopting the ordinance on first 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 A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to approve Item 9.8 (b) by adopting the resolution with the condition that the 54 flex and/or reserve units only be allocated for a period of 12 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 MINUTES 16 MAY 27, 2003 CITY OF DANIA BEACH 9.9 SE-19-03 — Request by Bonnie Miskel, Ruden, McClosky, Smith, Schuster & Russell, P.A., representing Robert Fileni for Special Exception to assign 300 Flexibility Units to construct up to a 300-unit multi-family mixed-use development. Subject parcel is located at the NE corner of US-1 and Dania Beach Boulevard along with the property located between NE 1st Avenue and NE 1st Court on the north side of Dania Beach Boulevard. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY BONNIE MISKEL, RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING DANIA CORNERS, INC. FOR A SPECIAL EXCEPTION USE TO ALLOW CONSTRUCTION OF A 300 UNIT MULTI-FAMILY MIXED USE DEVELOPMENT AT THE NE CORNER OF US-1 AND DANIA BEACH BLVD., ALONG WITH THE PROPERTY LOCATED BETWEEN NE 1ST AVENUE AND NE 1ST CT ON THE NORTH SIDE OF DANIA BEACH BOULEVARD; ASSIGNING 300 FLEXIBILITY UNITS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the proposed development would include 300 dwelling units, approximately 60,000 square feet of first floor retail, attached structure parking, approximately 10 stories in height, and fulfill one of the primary objectives of the CRA plan. Staff has asked the . applicant to commit, as part of the special exception, to building condominiums at the location. Staff recommended approval of the special exception for a six month period, at which time the applicant would have to demonstrate that he has made significant progress in the development of the property to extend the time period. Director Leeds advised that the applicant agreed with the condition that the flex unit assignment would not be a vested right or confer any rights at this time. Attorney Bonnie Miskel, representing the applicant, explained that the project was developed and designed to meet the intentions of the CRA plan and complies and is consistent with the pending Local Activity Center application. She requested approval of the special exception request. George Maurice, Architect, introduced the project as a unique opportunity to create a landmark building and at the same time meet the objectives of the City, which is to generate a profile building at the corner of Dania Beach Blvd. and Federal Highway. He explained that the project would consist of 25,000 square feet of retail space, two levels of parking in the front, and four levels of parking in the back with an additional eight levels of residential units between 800 and 1,100 square feet with a mix of one, two and three bedroom units. Mayor Anton opened the public hearing. Faye Bartelmes spoke in favor of the project. MINUTES 17 MAY 27, 2003 CITY OF DANIA BEACH ® Patty Hart, Realtor and member of the Chamber of Commerce Board of Directors, spoke in favor of the project. Charlene Scalese spoke in favor of the project but was somewhat concerned about the height and the setbacks. Hearing no further comments, the public hearing was closed. Commissioner Mikes asked what the target clientele would be for marketing the condo units. Bonnie Miskel advised that her client would market these units from the high $100,000 up to the low $300,000. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution approving the special exception (SE-19-03) with the condition that it only be granted for a six-month period. 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) VA-30-03 — Request by the City of Dania Beach for variances for the • construction of a parking lot to be located at the SE corner of NW 8th Avenue and NW 1st Street, to be used for a Community Center located in BSO Sub-Station and future Northwest Community Outreach Center. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH, FROM CHAPTER 28, ZONING, AND FROM CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING, FOR PROPERTY LOCATED AT THE NORTHWEST COMMUNITY OUTREACH CENTER AT THE SOUTHEAST CORNER OF NW 8TH AVENUE AND NW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) SP-31-03 — Request by the City of Dania Beach for site plan, for the construction of a parking lot to be located at the SE corner of NW 8tn Avenue and NW 1st Street, to be used for a Community Center located in BSO Sub-Station and future Northwest Community Outreach Center. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SITE PLAN REQUEST FOR THE CONSTRUCTION OF A PARKING LOT TO BE LOCATED AT THE SOUTH EAST CORNER OF NW 8TH AVENUE AND NW 1ST STREET TO BE USED FOR COMMUNITY CENTER LOCATED IN THE BSO SUB-STATION AND FUTURE NORTHWEST COMMUNITY OUTREACH CENTER, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, • PROVIDING FOR AN EFFECTIVE DATE. MINUTES 18 MAY 27, 2003 CITY OF DANIA BEACH Laurence Leeds, Growth Management Director, advised that the property measures approximately 50 feet wide by 100 feet long and in order to provide the number of parking spaces needed to service the community center, some of the landscaping requirements would need to be waived and the driveway width would also have to be modified. Staff recommended approval of the variance as well as the site plan subject to compliance with the City's vegetation ordinance. Mayor Anton opened the public hearing. No one spoke in favor or opposition and the public hearing was closed. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the resolution approving the variance request (VA-30-03), subject to compliance with the City's vegetation ordinance. 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 Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the resolution approving the site plan (SP-31-03), subject to compliance with the City's vegetation ordinance. 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 9.11 a) VA-18-03 — Request by Holiday Diver, Inc., for sign and landscape variances, for property located within Sportsman Park (NCL Plat-2 acre parcel). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY HOLIDAY DIVER, INC., FROM CHAPTER 28 ZONING, ARTICLE 28, SIGNS AND CHAPTER 26, VEGETATION, ARTICLE IV, LANDSCAPING, WITHIN SPORTSMAN'S PARK DIRECTLY SOUTH OF BASS PRO SHOPS, 300 GULFSTREAM ROAD, IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) SP-17-03 — Request by Holiday Diver, Inc., for site plan to construct a 7,666 square foot office, 9,405 square foot retail area and 10,324 square foot warehouse facility/future retail area. Property located within Sportsman Park (NCL Plat-2 acre parcel). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MINUTES 19 MAY 27, 2003 CITY OF DANIA BEACH THE SITE PLAN REQUEST SUBMITTED BY HOLIDAY DIVER, INC. FOR PROPERTY LOCATED WITHIN SPORTSMAN'S PARK DIRECTLY SOUTH OF BASS PRO SHOPS 300 GULFSTREAM ROAD IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corrine Church, Principal Planner, explained that the Code allows for 85 square feet of wall signage on a building with 170 lineal feet and the applicant is requesting 1,250 square feet of wall signage, which would be approximately 6% of the total exterior building surface area. She advised that Bass Pro Outdoor World's signage is approximately 8% of its total exterior building area and proportionately, Holiday Diver, Inc. is requesting less than their neighbor. Because of the proposed building being located in Sportsman's Park, adjacent to 1-95, the applicant would like to maximize the visibility of signage on 1-95. The applicant would be competing with a free-standing billboard sign located adjacent to the property as well. She advised that the signage for Outdoor World's signage is approximately 360 square feet and that the applicant is only requesting 330 square feet of signage. With regard to the variance request, Ms. Church advised that the parcel was irregular in shape and that the applicant is not able to fit the required number of parking spaces on-site. However, the applicant is proposing to install landscaping off site, with the consent of the neighboring property owner. • The applicant is requesting a waiver of 40% of the required shade trees. The applicant would install a great number of trees, however, a lot of them would be palm trees because they are close to the building and would be more compatible with the design of the site. • The applicant is requesting a waiver of 30% of the overall pervious area by requesting a variance for 10 feet of the minimum landscape terminal island to allow a smaller landscape island so that delivery trucks would be able to access the area. • The applicant is requesting a variance from the 5 foot minimum perimeter buffer because there is not a greenbelt around the entire site due to the irregular shape of the parcel and the existing parking lot. The Planning and Zoning Board recommended approval of all variances and the site plan subject to the applicant providing details of material, color and illuminations of signs. Staff also recommended approval of the variances as well as the site plan. Attorney Ed Stacker appreciated staff's support for expanding the uses at Bass Pro Shops. He introduced Kevin Synical, President and owner of Divers Direct. Mr. Synical advised that his company was the largest scuba diving retailer in the country and would be relocating their corporate offices as well as another store from Plantation to the Bass Pro site. He felt it would be a very compatible use for . Sportsman's Park and would be a great benefit to his business. MINUTES 20 MAY 27, 2003 CITY OF DANIA BEACH ® Mayor Anton opened the public hearing. No one spoke in favor or opposition to the request and the public hearing was closed. Commissioner Mikes asked the applicant if they would change the color of the roof from red to turquoise to match Bass Pro's building. Pete Eversol advised that Bass Pro did not want the proposed building to have the same roof color. Commissioner Mikes felt that the concept for the whole area should remain the same. The applicant preferred to keep the color of the roof red for the identity of the scuba diving business, but agreed to make it the same color as the other buildings in the Sportsman's Park complex. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution approving the sign and landscape variances (VA- 18-03) and the resolution approving the site plan (SP-17-03) with the condition that the roof accents be the matching turquoise that has been used throughout the rest of the Bass Pro Outdoor World complex. 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 expressed concern over the continuous drug activity on 5th Avenue & 5th Court. 10.2 Commissioner Flury — no comments 10.3 . Commissioner Mikes commended staff for the tree-planting project along the west side of SE 5th Avenue, and suggested that the City take a look at what Hollywood did with trees on the south side of Sheridan Street across from the Publix to see if Dania Beach can do the same thing along SE 5th Avenue. He also suggested that any future utilities for that area be installed close to the road or property line or deep enough that the center area can be used for enhancements. 10.4 Vice-Mayor McElyea complained about the poor condition of the front entrance to City Hall. He mentioned to Chief Cowart that the alley between SW 13th Street and Dixie Highway is a one-way alley and cars are speeding through in both directions. 10.5 Mayor Anton — no comments • 11. DISCUSSION AND POSSIBLE ACTION: MINUTES 21 MAY 27, 2003 CITY OF DANIA BEACH 11.1 Request to schedule FY03/04 Proposed Budget Hearing September 11 and Final Budget Hearing September 24 at 7:00 p.m. (Finance Director) It was generally agreed that the Proposed Budget Hearing would be held on September 11 and the Final Budget Hearing would be held on September 24 at 7:00 p.m. 11.2 Discussion of insurance Opt-out program for City Commissioners. (Mayor Anton) Mayor Anton advised that it was costing the City $55,000 a year for the insurance opt-out program for Commissioners. He also mentioned that discussion was held at a workshop that employees should be afforded the same option. However, if too many employees choose to opt-out of the City's insurance program, it could have a detrimental affect on the way the plan would function and would have a significant financial affect on the plan. Mary McDonald, Administrative Services Director, mentioned that a survey was conducted to see if employees would be interested in choosing to opt-out for a cash incentive of $250 per month as long as the employee could prove they were covered by other insurance. There were no employees who were interested in opting out for $250, mainly because they felt they should be afforded the same amount as Commissioners. • Mayor Anton suggested that the opt-out program for City Commissioners be dissolved. Discussion was held on the pros and cons of the opt-out program for Commissioners as well as all employees. Director McDonald cautioned the Commission about encouraging the opt-out incentive under a self-insurance plan because the more employees that opt-out the harder it would be to finance the plan. Director McDonald was asked to survey other Cities to determine a modest opt-out figure and bring back a recommendation for the June 10 regular meeting. 11.3 Discussion of utilizing architectural consultant. (Commissioner Mikes) Commissioner Mikes suggested the possibility of utilizing an architectural consultant for new development under cost recovery fees. Laurence Leeds advised that the City would have to hire a professional to develop design guidelines and then hire an architect to review the plans. Laurence Leeds was directed to take a look at what the City of Miramar is doing in this regard and bring back a recommendation. 11.4 Discussion of attorney services for Charter Review Board. (City Attorney) MINUTES 22 MAY 27, 2003 CITY OF DANIA BEACH • City Attorney Ansbro had no objection with assisting the Board in the early stages of their review of the Charter and give them some guidelines on what the statutes require under law and then leave them on their own until they actually request legal counsel. The City Commission generally agreed. 11.5 Discussion of proposed amendments to Vegetation Ordinance. (Mayor Anton) Mayor Anton asked Laurence Leeds, Growth Management Director, to suggest some recommendations on making the ordinance easier to understand and less restrictive for property owners. Laurence Leeds, Growth Management Director, explained that the City's Tree Ordinance was copied from another community and has some good requirements, but is very confusing and hard to understand. He explained that the biggest complaint is the issue of removing Black Olive trees by residents because the trees break up sidewalks. The City's code requires that the tree be replaced with another tree or a donation be made to the Tree Fund. The County code does not require replacement of trees or any type of donation for single- family residents. Another complaint was the cost of the permit to remove the tree. • After further discussion, the Item 11.5 was withdrawn. 12. APPOINTMENTS: (SEE ITEMS 12.1 AND 12.3) 12.1 Appointment of 5 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". Vice-Mayor McElyea appointed Beverly Worley to the Airport Advisory Board. 12.2 Appointment of 3 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". 12.3 Appointment of 1 member by Commission to the General Employees Pension Board. Commissioner Flury recommended the reappointment of Pat Rafacz to the • General Employees' Pension Board. MINUTES 23 MAY 27, 2003 CITY OF DANIA BEACH "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "GENERAL EMPLOYEES PENSION BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A THREE(3)YEAR TERM EXPIRING 12:00 NOON, JUNE 22, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.4 Appointment of 2 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". 12.5 Appointment of 2 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 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.6 Appointment of 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 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". • 12.7 Appointment of 1 Alternate member by Commission to the Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE"NUISANCE ABATEMENT BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2)YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.8 Appointment of 2 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 "PARKS, 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". A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea to adopt all resolutions affirming all appointments. 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 13. ADMINISTRATIVE REPORTS: MINUTES 24 MAY 27, 2003 CITY OF DANIA BEACH 13.1 City Manager Pato commended Corrine Church on her first presentation to the Commission. Commissioner Mikes reminded the City Manager to direct the Marine Advisory Board and the Airport Advisory Board to review and provide recommendations on proposed waterfront development on the Dania Cut-off Canal that was discussed under Citizens' Comments. 13.2 City Attorney— no comments 13.3 City Clerk — Meeting Reminders: June 10, 2003- 6:00 p.m. Special Closed Session June 10, 2003- 7:00 p.m. Regular Meeting June 17, 2003-7:00 p.m. —Workshop Meeting-Precincts June 24, 2003 -7:00 p.m. Regular Meeting 14. ADJOURNMENT The meeting adjourned at 11:50 p.m. AT ST. @bB A TO MAYOR- MMISSIONER CHARLENE JO NSON CITY CLERK Respectfully submitted by Nanci Denny APPROVED: November 12, 2003 MINUTES 25 MAY 27, 2003 CITY OF DANIA BEACH