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HomeMy WebLinkAbout2003-07-08 Regular City Commission Meeting Minutes r MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JULY 8, 2003 7:00 P.M. 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Pastor Torrey Phillips, Gospel of Christ Ministries gave the invocation. 3. ROLL CALL: Present: Mayor Bob Anton Vice-Mayor C.K. McElyea Commissioners: Robert Chunn • Pat Flury Bob Mikes City Manager Ivan Pato City Attorney Tom Ansbro City Clerk Charlene Johnson 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Employee Recognition Program "General Employee of the Month" Award for June, 2003: Anthony "Ajay" Johnson. Mary McDonald, Administrative Services Director, recognized Ajay Johnson as the "Employee of the Month" for June. Ajay has been with the City for 15 years in the Public Works and Utilities Department. He received numerous nominations from his peers for being an outstanding person to work with, someone who goes above and beyond all the time and for performing work for residents outside of his regular work schedule. Director McDonald presented Ajay with a plaque, a $100 check and a shining star shirt. 4.2 Presentation of awards for Adler Bears Baseball Tournament. (Bobbie Grace) Bobbie Grace, was pleased to report that the Dania Adler Bears brought home the first place trophy from the Bahamas. This was the tenth year of the AW City's participation in the International Baseball Tournament. MINUTES 1 JULY 8, 2003 CITY OF DANIA BEACH City Manager Ivan Pato introduced the City's new Deputy Chief, Mike Cassano. Chief Land advised that former Deputy Chief Mike Brown, for many reasons and for the betterment of the Department, decided to step down to Battalion Chief and to switch from working days to working shift. Mike Cassano, who has been with the City for 17 years, is a Registered Nurse, has earned a Fire/Science degree and is a certified Fire Inspector, has been promoted to Deputy Chief. 5. PROCLAMATIONS: 5.1 Ratification of Proclamation declaring June 27th, 2003 as "Jo Adams Day" in the City of Dania Beach. Mayor Anton read the proclamation in its entirety and presented it to Jo Adams. 6. CITIZENS' COMMENTS: Kim Ford, 22 SW 5th Avenue, read a letter signed by 60 residents, indicating that the presence of the BSO substation has caused the drug activity to move from C.W. Thomas Park to the apartment complex at 17 & 21 SW 5th Avenue. The letter asked that the Commission give serious consideration to eliminate the crime and abusive conditions that exist in the area. Chief Brian Cowart confirmed that there was a significant problem on SW 5th Avenue as well as SW 5th Court. He advised that the Nuisance Abatement process has begun for the properties located at 17, 21 & 25 NW 5th Avenue as well as other locations on the street. Chief Cowart reported that his department has been addressing the situation aggressively. Commissioner Flury mentioned that drug dealers are in every section of the City and felt that all the deputies should be taken out of administrative roles and put on the streets to patrol. Commissioner Chunn was of the opinion that the drug situation could be stopped with more hard work and cooperation. Vice-Mayor McElyea stated that it was important that BSO have the support of the public and the judicial system to eliminate the crime in the City. Mayor Anton stated that police departments are only as good as the information they receive from the public. He reported that the crime rate in Dania Beach has diminished dramatically over the past couple of years. MINUTES 2 JULY 8, 2003 CITY OF DANIA BEACH Commissioner Mikes stated that community support was necessary in order to remove the crime influence. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: Approval of minutes for Special meeting December 19, 2002. Approval of minutes for Workshop meeting December 19, 2002. Approval of minutes for Workshop meeting June 17, 2003. 7.2 Travel Expenditures- NONE 7.3 Bills: NONE Resolutions — NONE Ordinances — Title to be read by City Attorney— 7.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER AND THE CITY CODE OF ORDINANCES TO UPDATE REFERENCES TO CERTAIN CITY DEPARTMENTS AND TO TRANSFER A DIVISION FROM ONE DEPARTMENT TO ANOTHER; REPLACING THE TERMS "PUBLIC WORKS DEPARTMENT" AND "UTILITIES DEPARTMENT" WITH THE TERM "DEPARTMENT OF PUBLIC SERVICES"; CHANGING THE REFERENCES TO THE DIRECTOR OF PUBLIC WORKS, UTILITIES OR BOTH TO THE . "DIRECTOR OF PUBLIC SERVICES"; REPLACING THE TERM "GROWTH MANAGEMENT DEPARTMENT' WITH THE TERM "DEPARTMENT OF COMMUNITY DEVELOPMENT'; CHANGING THE REFERENCE TO THE "GROWTH MANAGEMENT DIRECTOR" TO THE "DIRECTOR OF COMMUNITY DEVELOPMENT'; TRANSFERRING THE INFORMATION SERVICES DIVISION FROM THE FINANCE DEPARTMENT TO THE OFFICE OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the ordinance title. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the Consent Agenda. 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 ITEM 11.5 WAS HEARD AFTER THE CONSENT AGENDA. 8. BIDS AND REQUESTS FOR PROPOSALS: NONE MINUTES 3 JULY 8, 2003 CITY OF DANIA BEACH . 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "THE FOREST VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED EAST OF SW 35TH TERRACE AND WEST OF SW 35TH AVE. ALONG STIRLING ROAD, 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 "THE FOREST VIEW ESTATES PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Corrine Church, City Planner, advised that the subject property was zoned RM-5 residential and that the proposed development was for single-family homes. Staff recommended approval of the plat subject to the payment of $35,100.00 for Park Impact Fees prior to the issuance of the building permit. Mayor Anton opened the public hearing. Hearing no comments in favor or opposition, Mayor Anton closed the public hearing. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the ordinance on second and final reading approving the "Forest View • Estates 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 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO DELETE THE COMPENSATION OPTION AFFORDED MEMBERS OF THE CITY COMMISSION WITH RESPECT TO PARTICIPATION IN THE CITY HEALTH INSURANCE PLAN AND TO CLARIFY THE TERMS APPLICABLE TO SUCH PARTICIPATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND reading) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Charlene Scalese, 826 NW 13 Avenue, spoke in favor of the ordinance. Hearing no further comments, 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. MINUTES 4 JULY 8, 2003 CITY OF DANIA BEACH 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 At this time, City Attorney Ansbro advised that Items 9.3, 9.4 (a) and (b), 9.5 and 9.6, under the Public Hearings section, were Quasi-judicial matters and that all witnesses wishing to speak must be sworn. Attorney Ansbro presented the Oath to all those desiring to speak on these matters. He encouraged the City Commission to report all communications with the applicants in accordance with the Jennings Rule. 9.3 VA-15-03 — Request by Jerry Estep to extend a boat-lifting device 18 feet into an 80- foot wide canal (the Zoning Code allows boat-lifting devices to extend no more than 10% of the canal width without a variance). In this case, the Zoning Code allows boat-lifting devices to extend no more than 8 feet into an 80-foot wide canal). Property located at 958 Nautilus Isle. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JERRY ESTEP, FROM THE CITY OF DANIA BEACH ZONING APPENDIX, ARTICLE II, ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES, FOR PROPERTY LOCATED AT 958 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corrine Church, City Planner, advised that the Marine Advisory Board met on June 11, 2003, and recommended approval of the variance request. Staff also recommended approval. Mayor Anton opened the public hearing. Charlene Scalese spoke in opposition of the variance. Jerry & Barbara Estep were present to request approval of the variance. Billy Phipps, 946 Nautilus Isle, spoke in opposition of the variance. Faye Bartelmes spoke in opposition of the variance. Commissioner Mikes recommended that a condition be placed on the variance that the boat-lift be removed when it is no longer being used. Laurence Leeds, Growth Management Director, recommended that a re-inspection be done after three years to insure that the boat-lift is properly maintained. Mr. Estep agreed to the condition recommended by Director Leeds. Mr. Estep also agreed to place a fender on the end of the lift for safety purposes as requested by Commissioner Mikes. MINUTES 5 JULY 8, 2003 CITY OF DANIA BEACH • Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve the variance request, subject to the following conditions agreed to by the applicant: m Inspection of the boat-lift every three years to assure proper maintenance • Applicant to place a fender on the end of the boat-lift for safety purposes. 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 9.4 a) VA-45-03 — A Variance request by Synalovski Gutierrez Romanik Architects, Inc., representing Rabbi Andrew Skurowitz on behalf of Brauser Maimonides Academy for property located at 5300 SW 40th Avenue (existing school and parking) and 5250 SW 40th Avenue (property south of Oak Hills Condo). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SYNALOVSKI GUTIERREZ ROMANIK ARCHITECTS, ® INC. REPRESENTING RABBI ANDREW SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40TH AVENUE AND 5250 SW 40TH AVENUE, DANIA BEACH, FROM THE BROWARD COUNTY ZONING CODE SECTION 39-240 OFF-SITE PARKING LOTS AND ARTICLE VIII FUNCTIONAL LANDSCAPING AND XERISCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the purpose of the variance was to allow the addition of modular classrooms along the south lot line and to construct a new parking lot behind the existing building. The original site plan included 100 parking spaces, however, it was modified to provide a 20-foot greenbelt along the north property line to buffer the new parking lot from the Oak Hills Condominiums. The project will require the removal of 12 trees, however 33 new trees will be installed. The Planning & Zoning Board recommended approval of the variance. b) SP-38-03 — A Site Plan request by Synalovski Gutierrez Romanik Architects, Inc., representing Rabbi Andrew Skurowitz on behalf of Brauser Maimonides Academy for property located at 5300 SW 40th Avenue (existing school and parking) and 5250 SW 40th Avenue (property south of Oak Hills Condo). MINUTES 6 JULY 8, 2003 CITY OF DANIA BEACH . A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SYNALOVSKI GUTIERREZ ROMANIK ARCHITECTS, INC. REPRESENTING RABBI ANDREW SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40TH AVENUE AND 5250 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the Planning & Zoning Board recommended approval of the site plan with the condition that the new north driveway be designated "exit only" and be approved by Broward County Traffic Engineering (if required). Director Leeds advised that there are existing sheds located on the north lot line and the condo association would like to see them removed within 60 days. Mayor Anton opened the public hearing. Manny Synalovski, Architect, requested approval of the variance and the site plan. Lolly Blostein, President Oak Hills Condo Association, spoke in support of the variance with the 20-foot landscape buffer and the removal of the sheds along the north property line. An unidentified parent, 3810 NW 41 Ave, Hollywood, thanked staff for their cooperation and asked for the Commission's consideration. Charlie Ballou, Board member of Oak Hills, was concerned about the noise, but was assured that the landscape buffer would be put in. Director Leeds recommended that another condition be added to the variance request requiring the sheds along the north property line to be removed within 60 days. Hearing no further comment, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution approving the variance (VA-45-03), subject to the applicant providing a 20-foot wide landscape buffer and the removal of the sheds within 60 days, and to adopt the resolution approving the site plan (SP-38-03) with the condition that the new north driveway be designated "exit only" and approved by Broward County Traffic Engineering (if required). 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 7 JULY 8, 2003 CITY OF DANIA BEACH . 9.5 SE-46-03 — A request by Bonnie Miskel, Ruden-McClosky, representing Dania Beach Hotel, LLC, for a Special Exception to assign 90 flexibility units to construct a mixed-use development. Property is bound by Dania Beach Boulevard to the north, SE 2nd Avenue to the east, and Park Street to the south on property currently occupied by the Dania Beach Hotel. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A REQUEST SUBMITTED BY BONNIE MISKEL, RUDEN-MCCLOSKY, REPRESENTING DANIA BEACH HOTEL, LLC, FOR A SPECIAL EXCEPTION TO ASSIGN 90 FLEXIBILITY UNITS TO CONSTRUCT A MIXED USE DEVELOPMENT AT 180 EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the proposed structure would be mixed-used with retail on the bottom floor, and condominiums above. There will also be a second condominium building, four to five stories, in the rear. The applicant will preserve the central core of the hotel for historical purposes. The assignment of 90 flex units will give the applicant the incentive to prepare plans of incorporating an existing historic building in between two new buildings with similar architecture. Staff recommends approval of the special exception and approximately 90 flex units for six months subject to conditions. Attorney Hope Calhoun, representing the applicant, concurred with staff's report and requested approval. Mayor Anton opened the public hearing. Robert Turkson, 110 SE Park Street, spoke in favor of the proposed project. Charlene Scalese, spoke in favor of the proposed project. Faye Bartelmes, 214 SW 2nd Terrace, spoke in favor of the proposed project. Patty Hart, Greater Dania Beach Chamber of Commerce, spoke in favor of the proposed project. She was concerned about the partial demolition of the existing historic building. The architect stated that the character of the existing building would be maintained and carried out through the new structure. The central core of the building would be saved and restored. Hearing no further comments, the public hearing was concerned. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve Item 9.5 for a six-month period subject to staff's conditions: The special exception/flex unit allocation confers no vested rights or . entitlements with respect to building design, building height, setbacks, density, required parking, tree preservation and landscaping beyond what is MINUTES 8 JULY 8, 2003 CITY OF DANIA BEACH allowed or required under existing zoning ® The flex/reserve allocation confers no vested rights or entitlements with respect to modification, alteration or demolition of the historic Dania Beach Hotel ® Certain issues must be addressed before special exception/flex unit allocation can be made permanent, due to the size, scale and location of the project ® Approval of the special exception and flex unit allocation will expire after six months unless extended by the City Commission ® Within six months of approval, applicant shall submit substantially completed site and architectural plans of sufficient detail to evaluate compliance with zoning code, city code, comprehensive plan and historic preservation regulations. Concurrent with site plan submittal, applicant shall submit a parking/traffic analysis for review by the City's traffic engineering consultant. • At the time of site plan application, applicant shall submit a minimum $15,000 application/cost recovery deposit to defer the initial cost of site plan, architectural, historic preservation and traffic review by City staff and consultants. Commissioner Mikes was concerned about the historic structure being preserved. The applicant was in agreement with the conditions set forth by staff. • Mayor Anton was concerned about Dania Beach Boulevard and Federal Highway corridor becoming a concrete canyon. 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 (CONTINUED FROM JUNE 24, 2003) 9.6 VC-29-03 — A Vacation Easement request by Edward Ploski, Craven Thompson & Associates, Inc., on behalf of Stirling Associates, LLC., to vacate a 30 foot by 584.84 foot public right-of-way (SW 12th Avenue extended) for property located between West Dania Beach Boulevard and SW 1 st Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION OF A 30 FOOT BY 584.84 FOOT PUBLIC RIGHT-OF-WAY (SW 12TH AVENUE EXTENDED) LOCATED ON THE "STIRLING INDUSTRIAL PARK" PLAT BOOK 131, PAGE 40; PROPERTY IS LOCATED BETWEEN WEST DANIA BEACH BOULEVARD AND SW 1ST STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO • THIS RESOLUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO MINUTES 9 JULY 8, 2003 CITY OF DANIA BEACH THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the 30-foot right-of- way on the "Stirling Industrial Park" would need to be vacated in order for the applicant to maintain the greenbelt along the north property line. If the right-of-way is not vacated, Broward County would require a turn-lane along Dania Beach Boulevard that would change the entire north end of the property and significantly reduce the amount of green space available to separate the new industrial park from the residents in Northwest Dania Beach. The Planning & Zoning Board recommended approval. Staff sees no need to extend SW 12th Avenue north to Dania Beach Boulevard, and if SW 12th Avenue was ever extended, it would encourage more truck traffic and drive-through drug activity into the Northwest residential neighborhood. The applicant has agreed to provide a 30-foot utility easement on their property (Stirling Associates, LLC) and install landscaping and a fence at the north end of the property. Mayor Anton opened the public hearing. Edward Ploski, representing the applicant, was present to request approval of the vacation. • Hearing no further comments, the public hearing was closed. Vice-Mayor McElyea commented that Dania Beach Boulevard should be extended west to Bryan Road. He disagreed with vacating any right-of-ways in the City. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to adopt the resolution approving the vacation with the condition that the applicant provide a 30-foot general utility easement and install landscaping and a fence at the north end of the property. 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 9.7 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, DANIA DISTRIBUTION CENTRE, LTD. AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH THE "DANIA DISTRIBUTION CENTRE PLAT"; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Community Development Director, explained that the purpose of the agreement was to assure that the developer makes certain improvements or MINUTES 10 JULY 8, 2003 CITY OF DANIA BEACH • post a bond for the improvements. Staff recommended approval of the agreement. Mayor Anton opened the public hearing. Edward Ploksi, Craven, Thompson & Associates, Inc., requested approval of the agreement. A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to adopt the resolution approving the agreement. 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 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn suggested that the City begin a program to help residents improve their properties. Bonnie Temchuk, Assistant to the City Manager, advised that Broward County has an improvement program available through the Housing Authority. • 10.2 Commissioner Flury - no comments 10.3 Commissioner Mikes - no comments 10.4 Vice-Mayor McElyea expressed concern about grass cuttings being blown into storm drains. 10.5 Mayor Anton mentioned an article in the Sun-Sentinel that eluded to him being interested in moving the Fire Department to Broward County. He is not totally opposed to the idea but would not support the idea until such time as he's had an opportunity to discuss it in depth with the consulting firm that is conducting the Fire Department study. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request for funding by the City to provide facility related costs for the Dania Beach Family Success/Memorial Healthcare System Primary Care Center. (Mayor Anton) Item 11.1 was continued. Continuation of Workshop item on Methodology of Calculating Stormwater fees MINUTES 11 JULY 8, 2003 CITY OF DANIA BEACH Fred Bloetscher, Public Utility Management and Planning Services, Inc., presented the methodology of calculating stormwater fees. He advised that the ordinance covering stormwater improvements does not include capital improvements and will need to be amended to include capital improvements. The study indicates that a single-family unit decreased 100 square feet and it also shows a number of properties that were not included in the previous report prepared by GSG. The previous report also did not include vacant properties nor were they ever billed. He explained that the residential fees basically will remain the same, however, the fees for commercial properties and vacant properties will increase. The study also indicates a 50% increase in the ERUs. He recommended that the maximum residential rate be set at $25. Patricia Varney, Finance Director, advised that the 3% gas tax revenues are now being used to balance the Stormwater Fund, which has a negative fund balance of $300,000. In accordance with Florida Statute, the 3% gas tax revenue can only be used for capital elements approved in the Comprehensive Plan. Stormwater improvements are not included in the Comprehensive Plan, however, the goal is to amend the Comp Plan to include stormwater improvements. The Stormwater fees need to be increased to offset the negative fund balance. 11.2 Discussion with staff on issues to be addressed for securing property located on 25th Avenue and SW 45th Street under the Green Space and Bond • Preservation Program with Broward County. (City Manager) Bonnie Temchuk, Assistant to the City Manager, explained that Broward County has several conditions that the City would have to abide by with regard to the property. Ms. Temchuk presented the following conditions: ® All the invasive exotic trees would have to be removed immediately, which would cost $12,500, and the remaining exotics would have to be removed over a five year period. There are two areas on the property that have large clusters of trees surrounding a lake and there is no way to remove just the invasive trees, they must all be removed. There is a banyan tree, a few oak trees and a few palm trees that could be saved. There is a lot of grass on the property with exotics growing in the grass, so all the grass would have to be removed and replaced. All the invasive exotic trees would have to be removed within 18 months of taking title to the property. An estimate of $85,500 has been obtained to remove all the trees that would need to be removed. There is severe erosion on the Dania Cut-off Canal and native trees would have to be replanted as quickly as possible, which could be paid for from the Tree Preservation Fund, however, only 20% of the installation cost of new trees can be used toward the removal cost and can be paid for from the Tree Preservation Fund. • ® The entire site would have to be secured with chain link fence and two entrance gates, which would cost approximately $30,000. MINUTES 12 JULY 8, 2003 CITY OF DANIA BEACH ® A parking area would have to be constructed on the parcel and signage 0 would have to be installed. ® Yearly maintenance to keep the exotics off the site and continually install native plantings would cost approximately $50,000. The yearly maintenance costs would have to be included in the CIP for the next five years. If the City fails to comply with all the conditions mentioned above, Broward County would have the right to take the monies set aside in the CIP or to convert the site to a native vegetation area and charge the City for the costs involved. Commissioner Flury was of the opinion that the surrounding neighbors should have been notified of the meeting so they would be aware of the conditions placed on the property. City Manager Pato advised that the surrounding residents were not notified because he didn't have all the facts yet. The dollar amounts were only received today and he needed direction from the Commission on whether or not to include the figures in next year's budget. Laurence Leeds expressed concern that the surrounding neighbors would not want the trees removed nor would they want a parking area on the site. • The City Manager was directed to notify the surrounding neighbors that there are problems with the site. ITEM 11.3 WAS HEARD AFTER ITEM 11.5 11.3 SR-54-03 — Special request by Gil Rosenkoff, on behalf of Paolo's Threes Company, for City Commission approval of outdoor smoking area associated with an existing restaurant located at 242 East Dania Beach Boulevard. (Community Development Department) Corinne Church, City Planner, advised that the applicant would like to build an outdoor smoking area due to the "no smoking" law that went into effect July 1, 2003. The zoning code has a provision that allows outdoor seating with no additional parking, if approved by the City Commission. Staff recommended approval with the following conditions: • That the color be beige or white • That the railing be rod iron ® That there be no outdoor entertainment, music or speakers ® That the request be approved for a two-year period A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve the request (SR-54-03), with the conditions recommended by staff excluding the color restriction. The motion passed on the following 5/0 roll call vote: MINUTES 13 JULY 8, 2003 CITY OF DANIA BEACH Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton - yes Commissioner Mikes - yes ITEM 9.1 WAS HEARD AFTER ITEM 11.3 11.4 Discussion of need to retain or possible abolishment of the Budget Advisory Board. (Mayor Anton) Item 11.4 was continued. ITEM 11.5 WAS HEARD AFTER THE CONSENT AGENDA 11.5 Request by the Dania Beach Improvement Committee to waive the fees for the use of the I.T. Parker Community Center on September 20, 2003 for "Island Night" fundraiser. Patty Haig, 434 SE 3 Terrace, President Dania Beach Improvement Committee asked that the fees for the use of the I.T. Parker Community Center be waived for their fundraiser to be held on September 20, 2003. City Manager Pato advised that staff recommended approval because the I.T. Parker Community Center Board would not meet until August. • A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to waive the fees for the use of the I.T. Parker Community Center as requested by the Dania Beach Improvement Committee. Commissioner Flury was of the opinion that the I. T. Parker Community Center Board should have been polled by telephone just as common courtesy. 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 ITEM 11.3 WAS HEARD AFTER ITEM 11.5 12. APPOINTMENTS: (SEE ITEM 12.1) 12.1 Appointment of 4 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 Chunn appointed Roderick Daise to the Airport Advisory Board. MINUTES 14 JULY 8, 2003 CITY OF DANIA BEACH ® 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 to the I.T. Parker Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE MEMBER TO THE "I.T. PARKER COMMUNITY ADVISORY 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". 12.4 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". 12.5 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". 12.6 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 Chunn, seconded by Vice-Mayor McElyea, to adopt the resolution confirming the appointment of Roderick Daise to the Airport Advisory Board. 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 13. ADMINISTRATIVE REPORTS: 13.1 City Manager — An RFP will be put out for an Architect for the Pier Restaurant MINUTES 15 JULY 8, 2003 CITY OF DANIA BEACH • 13.2 City Attorney - none 13.3 City Clerk — Meeting Reminders: July 17, 2003 -7:00 p.m. — Charter Review Board- public input meeting 14. ADJOURNMENT The meeting adjourned at 10:55 p.m. ATTEST: 86b Anton 44�m Mayor— Commissioner Charlene Johnson City Clerk Respectfully submitted by Nanci Denny APPROVED: August 26, 2003 • MINUTES 16 JULY 8, 2003 CITY OF DANIA BEACH