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HomeMy WebLinkAbout2003-08-12 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 12, 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: * Reverend Richard Thigpen, Greater Mt. Zion AME Church 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. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation to St. Ruth Missionary Baptist Church on the occasion of its 95th Anniversary. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RECOGNIZING AND CONGRATULATING ST. RUTH MISSIONARY BAPTIST CHURCH, THE FIRST AFRICAN AMERICAN CHURCH ESTABLISHED IN DANIA BEACH, ON THE OCCASION OF ITS 95T" ANNIVERSARY TO BE HELD AUGUST 17, 2003; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Anton read the resolution in its entirety and presented it to Reverend Shellman. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt the resolution. The motion passed on the following 5/0 roll call vote: MINUTES 1 AUGUST 12, 2003 CITY OF DANIA BEACH Commissioner Chunn - yes Vice-Mayor McElyea —yes O Commissioner Flury - yes Mayor Anton — yes Commissioner Mikes - yes 4.2 Employee Recognition Program "General Employee of the Month" Award for July, 2003: *David Casasanta* Michael Sheridan, Public Services Director, recognized David Casasanta, who works in the Construction and Maintenance division, as the General Employee of the Month and presented him with a plaque, a $100 check and a *shining star* shirt. 4.3 Presentation of Certificates of Recognition for those individuals involved with the Deep Sea Fishing for Youth Program: Kristen Jones, Recreation Director, thanked Commissioner Chunn for his efforts to organize the deep sea fishing event and recognized the following organizations for their generous monetary contributions: • Dania Lions Club • Bass Pro Shops • American Maritime Officers (AMO) • Kelley Fleet Charters 4.4 Presentation by Broward County Commissioner John E. Rodstrom, Jr., John Fiore, Liaison Officer to the Marine Advisory Committee, and Dan Yaffe, Chair of the Marine Advisory Committee of a check for the BBIP grant for improvements to the Whiskey Creek Docks. Bonnie Temchuk, Assistant to the City Manager, introduced Commissioner Rodstrom and John Fiore, who presented a BBIP reimbursement check to the City in the amount of $49,560.00 for improvements made to the Whiskey Creek floating docks. City Manager Pato interjected at this time that Commissioner Rodstrom, along with the entire Broward County Commission, voted unanimously to approve the LAC for the City of Dania Beach today and that the next step is State approval. Commissioner Mikes thanked Commissioner Rodstrom for his excellence in chairing the Aviation Task Force Committee. Mayor Anton also thanked Commissioner Rodstrom for his vote and assistance with the LAC and looked forward to working with him on the CRA. 5. PROCLAMATIONS: NONE MINUTES 2 AUGUST 12, 2003 CITY OF DANIA BEACH ® 6. CITIZENS' COMMENTS: Karen Gottlieb, 4473 Treasure Cove Drive, advised that she attended the public hearing on the pipeline and she was disappointed that none of her neighbors or any of the Commissioners were there. She was opposed to the pipeline and felt that the community should be more informed of what's taking place. She also spoke in opposition of the proposed development near Treasure Cove along the Dania Cut-off Canal and she encouraged the residents to attend the public hearing on August 26 to oppose the development. Clara Berkey, 4475 Treasure Cove Drive, spoke against the development being proposed near Treasure Cove and she also asked about the status of the speed bumps that were promised in her neighborhood. She also encouraged the residents to attend the public hearing on August 26 to oppose the development. Matthew Bertini, 4493 Treasure Cove Drive, encouraged the residents to attend the public hearing on August 26 to oppose the development at Treasure Cove. Ellen Trenchina, 5555 SW 24 Avenue, stated that her neighborhood was in desperate need of street lights on SW 24 Avenue, SW 58 Manor along with the other streets in the area. She requested help from Code Enforcement in cleaning up the enormous amounts of trash in the neighborhood as well as oversized boats and RVs parked in the front of the properties. She mentioned problems with large trees in the neighborhood that are breaking up yards and parking spaces and requested assistance from the City in having them removed. She complained about overgrown bushes on the corner of SW 24 Avenue and 58 Manor. She asked that a speed limit sign be installed on SW 24 Avenue. Laurence Leeds, Growth Management Director, assured Ms. Trenchina that he would refer her comments to Code Enforcement. George Jason, 4549 SW 37 Avenue, congratulated the City for the improvements to the Commission Chambers. He asked that the City give more support to the organizations that are working to improve the City. He mentioned the Playhouse in downtown and requested more support from the City. He felt that Dania Beach was being separated by 1-95 because the area west of 1-95 was not involved enough in Dania Beach and asked the Commission to find ways to get the area involved. Commissioner Flury stated that the City does respond to requests from organizations. She mentioned that she has attended the Playhouse many times and paid for a full page ad in their program. She advised that the centennial events will only be held at Frost Park and the beach due to the size and location and the City will do everything possible to encourage all residents of the City to attend the events. • MINUTES 3 AUGUST 12, 2003 CITY OF DANIA BEACH . Commissioner Mikes advised that the City has retained legal counsel with regard to the pipeline issue and also requested additional public hearings. He advised that the pipeline issue is a Federal preemption issue and the City is without any leverage. Commissioner Flury advised the public that the City has expressed strong opposition to the pipeline to every appropriate Federal and State agency. ITEM 11.1 WAS HEARD AFTER CITIZENS' COMMENTS ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Flury pulled Item 7.9. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: Approval of minutes for Special Meeting, November 26, 2002. Approval of minutes for Regular Meeting, February 12, 2003. Approval of minutes for Special Meeting, February 20, 2003. Approval of minutes for Special Meeting, July 8, 2003. Approval of minutes for Workshop Meeting, July 8, 2003. Approval of minutes for Abatement Hearings Meeting, July 8, 2003. Approval of minutes for Budget Workshop Meeting, July 24, 2003. . Approval of minutes for Special Meeting, July 24, 2003. 7.2 Travel Expenditures- August 14-16 - Commissioner Mikes' and Commissioner Chunn's attendance at Florida League of Cities in Orlando, Florida. Estimated cost is $728.00 each. 7.3 Bills —Approval of Bills for the month of June, 2003 Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY TO THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE (BJA) 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM IN THE AMOUNT OF $43,103.00, WITH MATCHING FUNDS FROM THE CITY LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $4,789.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Bonnie Temchuk, Assistant to the City Manager, advised that this was the last year that cities would be eligible for the Local Law Enforcement Block grants, • because all the funding will now be allocated for homeland security. MINUTES 4 AUGUST 12, 2003 CITY OF DANIA BEACH 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 2004-2005 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT FOR FROST PARK PHASE II, IN AN AMOUNT NOT TO EXCEED $207,500; AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF $103,750; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SUCH GRANT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE TNT EXTRICATION TOOL FOR THE FIRE RESCUE DEPARTMENT AT A COST OF $19,245.27; PROVIDING THAT THE EXTRICATION TOOL BE PURCHASED FROM FISHER SCIENTIFIC CO., SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by City Attorney 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE VIII (ENTITLED "STORMWATER MANAGEMENT') TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING NEW DEFINITIONS AND . PROVIDING FOR CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING) 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" TO REVISE THE PARKING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Vice-Mayor McElyea, seconded by Commissioner Mikes, 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 ITEMS PULLED FROM THE CONSENT AGENDA: 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE QUALIFICATIONS FOR, AND AN EMPLOYMENT CONTRACT WITH, • A CITY MANAGER OF THE CITY OF DANIA BEACH; AMENDING SECTIONS 1 ("APPOINTMENT, QUALIFICATIONS AND COMPENSATION") AND 3 ("RIGHT OF CITY TO ENTER INTO CONTRACT OF EMPLOYMENT') OF ARTICLE 3 MINUTES 5 AUGUST 12, 2003 CITY OF DANIA BEACH ("CITY MANAGER") OF PART III ("ADMINISTRATIVE OFFICERS AND DEPARTMENTS") OF THE CITY CHARTER TO PROVIDE FOR NEW EDUCATIONAL AND OTHER MINIMUM REQUIREMENTS AND QUALIFICATIONS (SECTION 1) AND TO SPECIFY NEW PROVISIONS APPLICABLE TO CITY MANAGER CONTRACTS (SECTION 3); PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Flury clarified that the proposed ordinance was dealing with a recommended Charter change that would set parameters for the employment of any future City Manager, and has nothing to do with the existing City Manager. Commissioner Flury was of the opinion that the employment contract period should have nothing to do with the municipal election, but that it should be for a two year period at the time a City Manager is hired. She mentioned the requirement of a "degree in public administration or equivalent" and felt that the definition of equivalent should be at the discretion of the sitting City Commission. She suggested that the examples for "equivalent" be omitted. Commissioner Mikes advised that he sponsored the ordinance and that the ordinance should go through a public hearing before any amendments are made in order to get public input. He felt that the Charter change would help attract a professional, experienced City Manager. The Code of Ethics from the ICMA was included in the ordinance. He was of the opinion that most City Managers meet • the qualifications included in the ordinance. The purpose of the ordinance was to establish criteria in professionalism for future City Managers for the City. He suggested that the ordinance be adopted on first reading and any amendments could be made at the public hearing. Mayor Anton agreed that the employment contract period should have nothing to do with the municipal election. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the ordinance on first reading. The motion passed on the following 3/2 roll call vote: Commissioner Chunn - yes Vice-Mayor McElyea —yes Commissioner Flury- no Mayor Anton — no Commissioner Mikes - yes Mayor Anton requested that the City Manager's contract be placed on the August 26, 2003, agenda as a discussion item. • MINUTES 6 AUGUST 12, 2003 CITY OF DANIA BEACH • 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RENOVATION CONTRACT WITH MCCARTNEY CONSTRUCTION IN CONJUNCTION WITH THE HISTORIC PRESERVATION GRANT FOR RENOVATIONS TO THE NYBERG-SWANSON HOUSE, NYBERG-SWANSON RESTORATION, PHASE II; AUTHORIZING THE SCOPE OF SERVICES FROM MCCARTNEY CONSTRUCTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ken Koch, Building Official, advised that 5 bids were received for the restoration of the Nyberg/Swanson House project and were reviewed by Anthony Abbate, Architect, and himself. Their recommendation was to award the contract to McCartney Construction. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution awarding the contract to McCartney Construction in the amount of $170,216.00. The motion passed on the following 5/0 call vote: Commissioner Chunn - yes Vice-Mayor McElyea —yes Commissioner Flury - yes Mayor Anton — yes Commissioner Mikes - yes 8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING • THE ADA CONSULTING SERVICES CONTRACT WITH PROFESSIONAL ACCESS IN THE AMOUNT OF $22,749.00; AUTHORIZING THE SCOPE OF SERVICES FROM PROFESSIONAL ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ken Koch, Building Official, advised that three proposals were received for the project and were reviewed by Bonnie Temchuk, Assistant to the City Manager, Kristen Jones, Parks and Recreation Director, and himself. Their recommendation was to award the contract to Professional Access. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution awarding the contract to Professional Access in the amount of$22,749.00. 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. PUBLIC HEARINGS AND SITE PLANS: 9.1 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 MINUTES 7 AUGUST 12, 2003 CITY OF DANIA BEACH • 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. (SECOND READING) Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. In response to Vice-Mayor McElyea, Laurence Leeds, Growth Management Director, explained that the new terms are more contemporary and more recognized by other governmental agencies. A motion was made by Commissioner Chunn, 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 City Attorney Ansbro advised that Items 9.2 & 9.3 were quasi-judicial hearings and swore in those persons who would be speaking on these cases. He also cautioned the Commissioners to disclose any contacts with the applicants according to the Jennings Rule. 9.2 VA-42-03, WA-42-03, SP-42-03 and VC-26-03 — Request by Shelley Eichner of Calvin Giordano and Associates, on behalf of NAC Investors, LLC, for Vacation, Variances, Sidewalk Waiver and Site Plan, for property located at 3064 Griffin Road. (Proposed 57 unit townhouse development generally located at the southeast corner of SW 31 st Avenue and Griffin Road). Laurence Leeds, Growth Management Director, requested a continuance of this item to allow the applicant to submit a revised site plan addressing several outstanding issues including parking, access, vegetation, landscaping and sidewalks, however, he felt the public should be given the opportunity to speak. 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 Chunn, seconded by Vice-Mayor McElyea MINUTES 8 AUGUST 12, 2003 CITY OF DANIA BEACH to continue Item 9.2. 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 Request by the First Baptist Church for Trafficway Waiver to locate a proposed building 90 feet from the centerline of Sheridan Street (minimum 100 foot setback required to comply with Broward County Trafficways Plan). Property located at the north east corner of Sheridan Street and SE 2nd Avenue. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INDICATING NO OBJECTION TO AN APPLICATION BY REVEREND RICHARD AUSTIN OF THE FIRST BAPTIST CHURCH OF DANIA BEACH TO WAIVE 10 FEET OF BROWARD COUNTY TRAFFICWAY REQUIREMENT FOR A PARCEL LOCATED ON THE NORTHEAST CORNER OF SHERIDAN STREET AND SE 2ND AVENUE IN THE CITY OF DANIA BEACH; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, mentioned that the Broward County Trafficways plan establishes and preserves a future road right-of-way in case Sheridan Street is ever widened. A letter of "no objection" would have to be O sent to Broward County in order to grant a trafficway waiver. Director Leeds is requiring the applicant to provide a letter from Broward County indicating that there are no plans to widen Sheridan Street within the next 5 to 20 years; he is also requiring the applicant to get approval from Michael Sheridan, Public Works/Utilities Director. If the waiver is granted by the Commission and the road is ever widened, it is quite possible that the condemning body will not compensate the church for the portion of the building that is located in the waiver area. Based on that possibility, Director Leeds is requiring a release from the church that they will not hold the City responsible for the costs, if the road is ever widened. Director Leeds requested that the item be tabled to give the applicant time to obtain the necessary approvals and to provide the City with a release. 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 table Item 9.3. 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 9 AUGUST 12, 2003 CITY OF DANIA BEACH • ITEM 9.4 WAS HEARD AFTER ITEM 11.1 9.4 VA-55-03 — A Variance request by Michael Blum, owner of Michael's Kitchen Restaurant, to allow the sale of alcoholic beverages (on-premises consumption) less than 1,000 feet from other establishments and from a school and to allow accessory outdoor seating adjacent to the restaurant. Property located at 433 East Sheridan Street in the Publix Sheridan Shopping Center. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL BLUM, OWNER OF MICHAEL'S KITCHEN RESTAURANT, FROM CHAPTER 28, ZONING, ARTICLE 4.201 (PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS) AND CHAPTER 4, ALCOHOLIC BEVERAGES, SEC. 4-3 (PROXIMITY OF NEW BEVERAGE ESTABLISHMENTS TO EXISTING BEVERAGE ESTABLISHMENTS), FOR PROPERTY LOCATED AT 433 EAST SHERIDAN STREET IN THE PUBLIX SHERIDAN SHOPPING CENTER, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that this was a quasi-judicial hearing and swore in those persons who would be speaking on this case. He also cautioned the Commissioners to disclose any contacts with the applicant according to the Jennings Rule. . Corinne Church, Planning Consultant, advised that there was new ownership at this location and staff was unsure if an alcohol beverage license was still associated with the property. She explained that the distance between Olsen Middle School and Michael's Kitchen on a straight line is 634 feet, however, the walking distance or driving distance is 1,800 feet. The zoning code allows outdoor seating without requiring additional parking if the City Commission approves the use as an accessory use to the restaurant. Staff supports the request, with the condition that the Fire Department and Building Official approve the placement of tables and chairs in order to ensure that ADA accessibility is maintained. Staff also requires written approval from the owner of the shopping center for the outdoor seating. Jennie Blum, co-owner of Michael's Kitchen, was present to request approval of the variance. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Ms. Kaplan, owner of the shopping center, agreed to submit approval in writing. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve the variance request subject to the following conditions: MINUTES 10 AUGUST 12, 2003 CITY OF DANIA BEACH o That the Fire Department and Building Official approve the placement of tables and chairs in order to ensure that ADA accessibility is maintained • Written approval from the owner of the shopping center for the outdoor seating ® That the variance be granted only to Michael and Jennie Blum. The motion passed on the following 510 roll call vote: Commissioner Chunn - yes Vice-Mayor McElyea — yes Commissioner Flury - yes Mayor Anton — yes Commissioner Mikes - yes THE CONSENT AGENDA WAS HEARD AFTER ITEM 9.4. 9.5 A request by Michael Shiff of the Shiff Group, for an alternative, amended Site Plan to allow a surface boat storage area in lieu of a marina. Property located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th Way and south of the Dania Cut-Off Canal. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2003-046, ADOPTED MARCH 25, 2003, MODIFYING THE SITE PLAN (SP-05-03) SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET, EAST is OF SW 30TH AVENUE, WEST OF SW 28TH WAY AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, Planning Consultant, advised that the applicant has requested approval of an alternate amended site plan to allow a surface boat storage area (for unit owners) in lieu of a marina. Staff recommended approval provided that the Public Works Director provide written approval of the paving material prior to the issuance of a building permit. Michael Shiff was present to request approval. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Commissioner Mikes suggested that no structure be built over the boat storage area. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution modifying the site plan (SP-05-03) subject to the following conditions: • That the Director of Public Services provides written approval of the paving material, prior to the issuance of a building permit MINUTES 11 AUGUST 12, 2003 CITY OF DANIA BEACH © No structure should be built over the boat storage 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 Commissioner Mikes - yes 9.6 (a) VA-25-03 —A Variance request by Calvin Giordano & Associates, Inc., on behalf of Kevin Guthard, Sheridan 87 LLC, for the construction of 87 condominium units on "Kevin's Plat" located on the north side of Sheridan Street, directly east of Walgreens Drug Store. Item 9.6 (a) was withdrawn as requested by the applicant. (b) SP-25-03 — A Site Plan request by Calvin Giordano & Associates, Inc., on behalf of Kevin Guthard, Sheridan 87 LLC, for the construction of 87 condominium units on "Kevin's Plat" located on the north side of Sheridan Street, directly east of Walgreens Drug Store. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE FIRM CALVIN, GIORDANO AND ASSOCIATES, INC. REPRESENTING KEVIN GUTHARD, SHERIDAN 87, LLC., FOR PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN STREET DIRECTLY EAST OF THE WALGREEN'S DRUG STORE, (KEVIN'S PLAT) IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Community Development Director, advised that the applicant has addressed most of the conditions listed in the staff report, however, staff is concerned about the lack of a landscaping buffer after all the exotics and invasive trees are to be removed. He suggested that the site plan be continued to August 26, 2003, until the applicant can provide a plan indicating the areas of tree removal and preservation in the conservation area. Kevin Guthard explained that the 80 foot buffer area is a mangrove swamp and will remain a mangrove swamp. The existing white mangroves are 30 feet high and will not be removed, however, he was willing to plant additional buttonwood trees in the buffer area. Mayor Anton opened the public hearing. Beulah Lair complained about Walgreens not replacing their dead trees yet. Kevin Johnston stated that they met with Mr. Guthard and spoke in favor of the site plan. MINUTES 12 AUGUST 12, 2003 CITY OF DANIA BEACH Greg Derk, 1338 SE 5th Court, also spoke in favor of the site plan. Hearing no further comments, the public hearing was closed. Commissioner Flury felt it wasn't necessary to continue approval of the site plan. Mr. Guthard presented a plan indicating the trees that would have to be removed and the trees that would have to stay in the buffer area. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution approving the Site Plan (SP-25-03) subject to the following conditions: ® A hedge shall be provided on the outside of the west wall to help soften and deter graffiti, prior to issuance of a building permit. The hedge may have to be planted on the Walgreen's property. • The applicant shall provide written approval from DPEP for the proposed hedge and species of hedge material near the north property line prior to issuance of a building permit. • The applicant shall provide a copy of the executed conservation easement to staff, prior to issuance of a certificate of occupancy. • The applicant shall provide a copy of written approval from all governing • regulatory agencies for the encroachment into the wetlands and mangroves. ® The applicant shall obtain City Commission approval (public hearing required) of Local Park Impact Fee dedication. ® The applicant agreed that condominium documents shall acknowledge the City has no responsibility for replacement of any landscaping or walls that cannot be save and restored in the utility easement should work be required within the easement. ® The City acknowledges receipt of Exhibit referenced as "Wetland Map", approved by DPEP, that was provided by applicant at City Commission meeting, August 12, 2003, (per exhibit identified by License No. DF03- 1088 dated June 23, 2003). If the determination by DPEP changes, the Community Development Director can require additional trees in appropriate locations. The motion passed on the following 510 roll call vote: Commissioner Chunn - yes Vice-Mayor McElyea — yes Commissioner Flury - yes Mayor Anton — yes Commissioner Mikes - yes 10. COMMISSION COMMENTS: • MINUTES 13 AUGUST 12, 2003 CITY OF DANIA BEACH • 10.1 Commissioner Chunn thanked those responsible for helping with the kids' fishing trip. 10.2 Commissioner Flury complimented staff on the newly renovated Commission Chambers. She also complimented City Manager Pato and Director Leeds on getting approval of the LAC by Broward County. 10.3 Commissioner Mikes complimented staff on the Commission Chambers and the incorporation of ADA requirements. He mentioned the importance of having good representation in Tallahassee. 10.4 Vice-Mayor McElyea reported street lights out along US 1. He mentioned that he received several complaints about the homeless people camping out at the intersections of 1-95 and Stirling Road and 1-95 and Griffin Road and felt that something should be done to get the people off the street. 10.5 Mayor Anton complimented staff on the nautical theme in the Commissioner Chambers. He mentioned that he received several complaints about the cable service and informed the public that Comcast is working to resolve the problems. He also offered his sincere sympathy to the Hill family and the McElyea family on the passing of C.F. Hill. At this time, the City Attorney advised that a study would have to be conducted to support the creation of a local road impact fee or an impact fee for improvements to the beach and that the cost would be approximately $7,000. City Manager Pato advised that funds were available in this year's budget and asked 'for direction. Commissioner Mikes felt the study should be done prior to this year's Legislative Session. The Commission generally agreed to have the study done. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER CITIZENS' COMMENTS (Continued from 7/8/03 regular meeting) 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. John Benz, Memorial Hospital, and Fred Murray, Broward County Director Family Success Administration Division, explained that they would like to create a multi- purpose center for both medical services and human services to be located on the northwest corner of Federal Highway and Stirling Road. The facility currently provides adult primary care regardless of their ability to pay. Fred Murray explained that he would like to provide enough staff to handle comprehensive case management, energy assistance including water and electricity, rental/mortgage assistance, vocational educational assistance, food Svouchers and a back to school program depending on whether or not they meet the federal government requirement, refugee services, elderly and veteran MINUTES 14 AUGUST 12, 2003 CITY OF DANIA BEACH • services and any other services deemed appropriate by the City Commission and the citizens of Dania Beach. The hours of operation would be from 7:00 a.m. to 7:00 p.m. Mr. Benz advised that the only cost to the City would be up to $15,000 for rent assistance for a two-year period of time and he asked the Commission for their consideration. In response to Commissioner Mikes, Mr. Benz advised that 90% of the citizens currently using the facility are Dania Beach residents. He also advised that there is no facility located in the City of Hollywood. Commissioner Mikes asked staff to investigate which one of the multiple uses would be most effective at this location and is not being performed by other agencies; and whether the City of Hollywood is willing to be a partner. Commissioner Flury mentioned that this proposal would service the citizens of the City of Dania Beach. She advised that 25% of the residents of Dania Beach do not have health insurance and 18% of the residents are disabled. There is no location in Dania Beach for people to get financial or social service help. She felt that this program would be a golden opportunity for the City of Dania Beach. Commissioner McElyea agreed that the proposal would provide a good service to the citizens of Dania Beach, but also agreed that residents from other cities would be using the facility and should contribute financially. Commissioner Chunn supported the proposal but felt that the facility should also provide a substance abuse program. Mr. Benz clarified that the $15,000 would be a 10 to 1 match compared to what Broward County will provide in staffing and rent and what Memorial Hospital will provide in rent. He also clarified that there would be a full time staff at the facility. In response to Commissioner Mikes and Commissioner Chunn, Mr. Murray was willing to provide a substance abuse program. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the expenditure of up to $15,000 in funding for two years beginning October 1, 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 MINUTES 15 AUGUST 12, 2003 CITY OF DANIA BEACH ITEM 9.4 WAS HEARD AFTER ITEM 11.1 (Continued from 7/8/03 regular meeting) 11.2 Discussion of need to retain or possibly abolishment the Budget Advisory Board. Mayor Anton suggested that the Budget Advisory Board be abolished as there does not seem to be a need for the Board. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Mikes, to abolish the Budget Advisory Board. The motion passed on the following 3/1 roll call vote: Commissioner Chunn (out of room) Vice-Mayor McElyea — yes Commissioner Flury - no Mayor Anton — yes Commissioner Mikes - yes 11.3 Discussion of Perpetual Care Fund. City Attorney Ansbro advised that the Charter calls for a Cemetery Board of Trustees, who is charged with the administration of the perpetual care fund for maintenance of the cemetery, however, no one has been appointed to the Board • in quite some time. Attorney Ansbro recommended that the Board be abolished and the Finance Director be designated as administrator of the fund subject to Commission supervision. Vice-Mayor McElyea felt that there should be a board to oversee the cemetery funds. Commissioner Flury agreed with Vice-Mayor McElyea and suggested the Public Works Director acting as the board liaison. Commissioner Mikes felt that the Commission should sit as the Cemetery Board and give staff direction as to how to use the funds. Commissioner Flury felt that the problems at the cemetery need to be corrected immediately. Mayor Anton suggested that the I.T. Parker Center Board or the Human Relations Board be designated to deal with the needs of the cemetery, rather than create another board. Patricia Varney, Finance Director, explained that the $613,000 sitting in the perpetual care fund cannot be touched because the Charter specifically states • that the fund must be administered by the Board. MINUTES 16 AUGUST 12, 2003 CITY OF DANIA BEACH Director Sheridan stated that the cemeteries are maintained quite well on a daily basis, but would welcome any suggestions for improvement. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to amend the Charter section to allow the Commission to serve as Board of Trustees for the Perpetual Care Fund. 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 11.4 Discussion of Harbour Towne Lease. City Manager Pato explained that Harbour Towne Associates was receptive to the formula for rental fees that was proposed at the last workshop meeting, however, they had issues with the wish list that the Commission requested. Harbour Towne's position is that with every item on the wish list comes a price which would reduce the rental fees. City Manager Pato was seeking direction from the Commission on whether to change the formula or change the wish list. Commissioner Mikes felt that the property should be a community-friendly and ® usable facility and believed that the revenue would come with the community use. He felt that it was one of the best marinas in South Florida with community aspects that the City needs to maintain or enhance. Mayor Anton mentioned that the facility is run very nicely and is very upscale, but felt that the lease holders wouldn't be going anywhere anytime soon. He felt it was the Commission's responsibility to collect a fair share from the facility and maintain the community uses. He felt that the City should stand firm on the proposed formula and the wish list. Commissioner Flury felt that the original lease was negotiated poorly and the City was receiving an inadequate return from the property. She stated that one option would be to sit on the lease until 2010 and continue to receive inadequate returns, or option two would be to make a counteroffer by either amending the formula or amending the wish list and receive the benefit of almost $500,000 in the next two or three years. She felt that the formula should remain the same and that the wish list could possibly be amended. City Manager Pato felt that business people would be lining up in 2010 willing to invest $6,000,000 to lease the property. In response to Mayor Anton, City Attorney Ansbro explained that the counteroffer from Harbour Towne Associates was that the rental fee would decrease for every MINUTES 17 AUGUST 12, 2003 CITY OF DANIA BEACH ® improvement made on the wish list. He suggested that the Commission prioritize the wish list. It was the general consensus to prioritize the wish list. 11.5 Update on costs of City's Primary Election and precinct boundary lines. City Clerk Johnson advised that the Supervisor of Elections Office would accommodate the City with most of the requests made from the June 17, 2003, Workshop meeting and that the boundary lines will be more conformed to the neighborhoods. She mentioned that she is also trying to move a section of approximately 60 voters along Ravenswood Road in Precinct 8S into Precinct 13S. She reported that the bills for the Primary Election were reduced by $7,800. 12. APPOINTMENTS: (SEE ITEMS 12.1, 12.5 & 12.6) 12.1 Appointment of 3 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 Nancy Stafford, 4730 SW 29 Terrace, Apt. B, and Dr. Geri Gilyard Ingraham, 744 SW 2 Place, 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 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". MINUTES 18 AUGUST 12, 2003 CITY OF DANIA BEACH • Mayor Anton appointed Ruby Ferguson as the alternate on the Nuisance Abatement Board. 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". Commissioner Mikes appointed Jack Mathison, 4425 SW 27th Terrace, to the Parks & Recreation Board. Mayor Anton appointed Helen Udell to the Charter Review Board to replace Tim Cates. A motion was made by Commissioner Chunn, 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: 13.1 City Manager Pato asked for direction on where to hang the Commissioners' pictures. It was generally agreed to hang the pictures in the atrium and secure them properly. City Manager Pato advised that the employees requested that the live plants in the atrium be replaced with artificial plants due to a mosquito problem. Vice-Mayor McElyea requested that the outside railings be repainted and the plants be trimmed back at the entrance to City Hall. 13.2 City Attorney Ansbro mentioned that the ordinance regarding street closures required a 4/5 vote in order to close a street if all the requirements were met. He asked the Commission's intent. It was the general consensus to amend the resolution by changing the 4/5 vote to a 3/2 majority vote. City Attorney Ansbro reported that the City of Hollywood was granted an injunction by the Court to enforce the state statute to prohibit vendors from selling in the street, they must remain in the median. MINUTES 19 AUGUST 12, 2003 CITY OF DANIA BEACH • 13.3 City Clerk — Meeting Reminders: August 26, 2003 — 7:00 p.m. — Regular City Commission Meeting September 9, 2003 — 7:00 p.m. — Regular City Commission Meeting September 11, 2003 —7:00 p.m. — Proposed Budget Hearing for FY 03/04 Special Assessment Programs September 18, 2003 — 6:00 p.m. —Abatement Hearings September 23, 2003 — 7:00 p.m. — Regular City Commission Meeting September 24, 2004 — 7:00 p.m. — Final Budget Hearing FY 03/04 14. ADJOURNMENT The meeting adjourned at 11:17 p.m. ATTES hOB TON MAYOR-COMMI SIGNER CHARLENE JOHOON CITY CLERK • Respectfully submitted by Nanci Denny APPROVED: October 14, 2003 • MINUTES 20 AUGUST 12, 2003 CITY OF DANIA BEACH