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HomeMy WebLinkAbout2003-08-26 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 26, 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 Ronald Scott, Restoration Outreach Center. 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 Kristen Jones, Parks & Recreation Director was pleased to report that flagpoles and American flags were installed at all City facilities with the exception of three parks, which will be finished within the week. 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation by the Broward County Aviation Department (BCAD) on the Overlay construction project of the main north runway 9L/29R at the Fort Lauderdale-Hollywood International Airport. Sheryl Dickey, Dickey Consulting, advised that her firm provides community outreach for the BCAD and provided information on the proposed maintenance plan at the airport. She advised that four technical workshops were advertised and held in various locations and notification on the project was mailed to 40,000 affected residents. Mark Wolfe, Project Engineer, advised that the maintenance project would include the following: MINUTES 1 AUGUST 26, 2003 CITY OF DANIA BEACH • Resurfacing of the asphalt pavement • Electrical improvements • Lighting improvements • Drainage improvements • A new device to be installed to help capture aircraft that may overrun the runway Mr. Wolfe explained that in order to resurface the runways, all aircraft will be diverted to Runway 1331, 24 hours a day for a 15-day period. After the asphalt is laid, there will be a 30-day cure period and operations will be normal. After 30 days the asphalt will have to be smoothed, which will occur from midnight to 6:00 a.m. over another 15-day period, at which time, all aircraft will be diverted to Runway 1331. 4.2 Fire Department commendations for Jean Wentworth and Ben Rudbeck for their assistance with the recent ISO study. Chief Ken Land and Captain Bruce Caruso presented commendations to Engineer/Operator Jean Wentworth and Captain Ben Rudbeck for a job well done with the ISO study. 4.3 Recognition of the Marine Safety Division staff on winning The Blue Wave Beach Award. Captain Glenn Morris was pleased to announce that his department, with the assistance of Fire and Public Services personnel, won "The Blue Wave Beach Award". 5. PROCLAMATIONS: 5.1 Proclamation declaring the week of August 25th through September 1st, 2003 as "Dania Beach Firefighters Appreciation Week". Mayor Anton read the proclamation in its entirety. Jessica Reuth, Muscular Dystrophy Association, commended the Dania Beach Firefighters for all their efforts in raising funds for muscular dystrophy. 6. CITIZENS' COMMENTS: 6.1 George Jason, 4549 SW 37 Avenue, Dania Beach Neighborhoods United, thanked the City and City Clerk Johnson for correcting the election precinct problems that occurred in the last election. He also thanked Commissioner Flury for supporting the Playhouse theatre and for her efforts on the Centennial Committee. MINUTES 2 AUGUST 26, 2003 CITY OF DANIA BEACH 6.2 Joe Van Eron, 1501 SW 2 Avenue, mentioned that the Centennial celebration will be a terrific opportunity to establish tourism for Dania Beach. He commended Commissioner Flury for accepting the chairmanship of the Centennial Committee, for organizing the committee and for displaying great leadership. He advised that six major events would be held. Mr. Van Eron read the Mission Statement for the Triangle Village Civic Association for a comprehensive redevelopment plan for his neighborhood and asked for the City's financial support in the upcoming 2004 Budget. He also asked that the City explore the possibility of rezoning the area to accommodate a small bed & breakfast zoning district, which could help diversify the local economy with neighborhood-friendly businesses. Director Leeds was directed to explore the possibility of creating a bed & breakfast zoning district. 6.3 Derrick Hankerson requested that the monthly City calendar of meetings be posted on the web. He also encouraged the Commission to look favorably upon the establishment of a bed & breakfast designated area to attract tourism and improve neighborhoods. 6.4 Helen Tranchina, 5555 SW 24 Avenue, presented a letter outlining the following: ® She asked the City to have the 33312 zip code changed from Fort Lauderdale to Dania Beach. O She asked if any plans had been made to install streets lights in her neighborhood. ® She complained that no improvements have been made to her neighborhood since annexing into Dania Beach in 2001. ® She complained about habitual trash offenders in her neighborhood. ® She requested that all unusable boats be housed at local marinas and not in front yards. ® She suggested that cars be prohibited from backing in order to expose expired tags. ® She felt that the 8" grass height is too high and should be reduced to 6". She complained about the height of the bushes on the corner of SW 24 Avenue and 58 Manor. ® She asked that a speed limit sign be installed on SW 24 Avenue. The City Manager was directed to assign the appropriate staff to the concerns raised by Ms. Tranchina. ITEM 9.4 WAS HEARD AFTER CITIZENS'COMMENTS 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: Approval of (revised) minutes for Special Meeting, November 26, 2002. Approval of minutes for Regular Meeting, July 8, 2003. MINUTES 3 AUGUST 26, 2003 CITY OF DANIA BEACH 7.2 Travel Expenditures: None 7.3 Bills: Approval of Bills for the month of July 2003. Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT AND EXECUTE A SUPPLEMENTAL 28T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT IN THE AMOUNT OF $67,246.00 FOR A NW NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT; AUTHORIZING THE APPROPRIATION OF THE BUDGET FOR THE AWARDED AMOUNT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE LIFEPAK 12 DEFIBRILLATOR/MONITOR FOR THE FIRE RESCUE DEPARTMENT AT A COST OF $19,964.80; PROVIDING THAT THE LIFEPAK BE PURCHASED FROM MEDTRONIC/PHYSIO-CONTROL, SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING EXHBIIT "A", ATTACHED TO RESOLUTION NO. 2002-171, ADOPTED SEPTEMBER 24, 2002, PERTAINING TO ESTABLISHED PROCEDURES FOR REVIEW, APPROVAL, AND IMPLEMENTATION OF STREET CLOSURES AND SPEED HUMP INSTALLATIONS (BY CITIZEN PETITION ONLY) WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING APPROVAL BY THE BROWARD COUNTY COMMISSION OF PROPOSED PRECINCT BOUNDARY LINE CHANGES IDENTIFIED IN EXHIBIT "A" AND LOCATED WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE BROWARD COUNTY SUPERVISOR OF ELECTIONS OFFICE TO NOTIFY ALL AFFECTED VOTERS AND MAIL NEW VOTER REGISTRATION CARDS AS REQUIRED; PROVIDING THAT ALL PRECINCT CHANGES BE INCORPORATED ON THE BROWARD COUNTY SUPERVISOR OF ELECTIONS PRECINCT MAP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES-TITLE TO BE READ BY CITY ATTORNEY- 7.8 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "PHILLIPS INDUSTRIAL PARK" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT1300 SE 32ND STREET, 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 MINUTES 4 AUGUST 26, 2003 CITY OF DANIA BEACH "PHILLIPS INDUSTRIAL PARK" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) ADDENDUM 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THREE (3) YEAR AGREEMENT WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2006); PROVIDING THAT BROWARD COUNTY SHALL SUPPLY THE CITY OF DANIA BEACH WITH TWO (2) SHUTTLE BUSES AND $20.00 PER REVENUE SERVICE HOUR PER VEHICLE AS OUTLINED IN THE TERMS OF THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt 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 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Presentation by the top three respondents to the RFP for "Design of a • Fishing Pier Restaurant and Bait Shop": • Borrelli & Associates Architects Planners, P.A. • Robert McDonald & Associates, P.A. • The Tamara Peacock Company Ken Koch, Building Official, advised that six proposals were received and reviewed by an evaluation committee consisting of Bonnie Temchuk, Corinne Church and himself. The three highest ranked firms were asked to present their proposals. Dyman Borrelli, Borrelli & Associates, advised that his firm was incorporated in 1968 and is based in Miami. He advised that, collectively, his firm has over 300 professional and support staff and 16 will be assigned to this project. His firm has extensive experience in this type of project with the completion of over 100 restaurants. Approximately 95% of their projects have been municipal or government contracts. He presented a rough design of what he believed the City was looking for in a restaurant and bait shop. Robert McDonald, Robert McDonald & Associates, advised that his firm was located in Fort Lauderdale. He advised that his firm did the design work for the renovations to the Dania Beach Fire Station #1 and had been involved in over 70 • municipal projects. His firm has a total of 93 team members and 25 will be assigned to design this project. He advised that the design project would take no MINUTES 5 AUGUST 26, 2003 CITY OF DANIA BEACH longer than seven months to complete. He advised that his group was involved in the design of three of the four pier/restaurant facilities located in Broward County. He presented a rough design of what he believed the City was looking for in the project. Tamara Peacock, The Tamara Peacock Company, advised that her firm did the design work for Secret Woods, P.J. Meli Park pool and Frost Park renovations. She advised that her background was in preservation of historic structures. She explained that her firm has worked in Broward County for 14 years and had tremendous municipal experience. She presented a rough design of what she believed the City was looking for in the project. After the presentations, Ken Koch asked for the Commission's direction as to which firm the committee should negotiate with on the project. Commissioner Mikes welcomed all three firms but felt more comfortable with Borrelli & Associates and Robert McDonald & Associates, from an engineering standpoint, and would prefer a firm with experience in major buildings in the coastal area. Commissioner Flury felt that Borrelli & Associates appeared to have a more extensive background in restaurant development but felt that Robert McDonald & Associates had a little more experience in marine construction. A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to first negotiate with Borrelli & Associates, and if not successful, then negotiate with Robert McDonald & Associates. 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 8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT FOR PERFORMANCE OF THE BEACH RESTROOM PROJECT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. IN AN AMOUNT NOT TO EXCEED $173,620.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, Ken Koch, Building Official, reported that two bids were received and reviewed by an evaluation committee consisting of Glenn Morris, Mike Sheridan and himself. The Committee ranked the firms of Frank Hill Construction and Coastal Contracting and determined that Coastal Contracting was the most responsive and qualified bidder and, therefore, recommended that the contract be awarded r to Coastal Contracting in the amount of $173,620.00. MINUTES 6 AUGUST 26, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution awarding the contract to Coastal Contracting and Development, Inc. 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, 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. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Vivian Hewlett, 310 NE 5 Avenue, advised that she had 24 units in her complex and was billed for 103 units. Fred Bloetscher, Public Management & Planning Services, confirmed that he would meet with Ms. Hewlett to explain how the fee was determined and to ensure that she was properly assessed. Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the ordinance on second and final reading. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes - yes 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO PARKING; 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. (SECOND READING) City Attorney Ansbro read the ordinance title. MINUTES 7 AUGUST 26, 2003 CITY OF DANIA BEACH Laurence Leeds, Community Development Director, advised that the proposed ordinance was drafted to address some new problems and issues that have occurred relative to parking. Mayor Anton opened the public hearing. Hearing no comments in favor or opposition, the public hearing was closed. 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 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes - yes 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, 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 ("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. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Hearing no comments in favor or opposition, the public hearing was closed. Commissioner Mikes advised that he sponsored the ordinance which would establish the following: a Minimal educational requirements for the City Manager ® City Manager must abide by the ICMA Code of Ethics ® City Manager shall not get involved in politics ® City Manager shall not concede to any elected official to help implement something that would violate the Code of Ethics. Commissioner Mikes explained that the ordinance would not affect the present City Manager. Mayor Anton felt that there were still a few areas in the ordinance that would still • bring political influence. He was not comfortable with the contract expiring at each municipal election. He recommended that no action be taken tonight, but to MINUTES 8 AUGUST 26, 2003 CITY OF DANIA BEACH allow the ICMA to review the ordinance and present their opinion. Commissioner Flury agreed that the contract should not automatically end at election time. A motion was.made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to adopt the ordinance on second and final 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 ITEM 9.4 WAS HEARD AFTER CITIZENS'COMMENTS 9.4 ZA-61-03 — A request by Attorney Edwin Stacker, representing Gary Posner, owner of Treasure Cove Associates, Ltd., to appeal staff's determination regarding the location of the established bulkhead line as it applies to the Treasure Cove development. Property located adjacent to the south side of the Dania Cut-Off Canal between SW 27th Avenue and SW 27th Terrace, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN • APPEAL SUBMITTED BY EDWIN STACKER, ATTORNEY AT LAW REPRESENTING (APPLICANT) GARY POSNER, OF TREASURE COVE ASSOCIATES, LTD., FOR PROPERTY LOCATED AT ADJACENT TO THE SOUTH SIDE OF THE DANIA CUT-OFF CANAL BETWEEN SW 27TH AVENUE AND SW 27TH TERRACE, 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 the case. He also cautioned the Commission to disclose any contacts by the applicant or anyone on the issue in accordance with the Jennings Rule. Commissioner Chunn advised that he was contacted. Mayor Anton advised that he was contacted by Attorney Stacker. Laurence Leeds, Community Development Director, explained that the applicant was appealing staff's interpretation of the Code. He further explained that the established bulkhead line location determines the point where dock extensions into the waterway are measured based on Broward County RM-10 zoning. Staff has determined that the established bulkhead line on the east side of the property extends approximately 75 feet north of the boat basin seawall. The County RM-10 zoning allows docks to extend an additional five feet beyond the bulkhead line, or 80 feet north of the seawall. The applicant's position is that the • bulkhead line should be measured from a different location further out into the canal. If the appeal is granted, it would allow the docks to extend approximately MINUTES 9 AUGUST 26, 2003 CITY OF DANIA BEACH . 93 feet from the seawall and would not require a variance. The original request was for a variance to extend the docks 120 feet from the seawall. After a negative recommendation from the Planning & Zoning Board, the applicant reduced the request to extend the docks 88 feet from the seawall, however the variance was not granted. Staff recommends denial of the appeal, however, if the appeal is granted, staff would recommend the following conditions: • The dock should extend no further than 88 feet from the seawall (not 93 feet as requested) • Dolphin poles or other similar objects shall not be permitted to be located more than 88 feet beyond the boat basin seawall • The City Attorney shall confirm that the granting of the appeal does not set a legal precedent with respect to possible future bulkhead line appeals Attorney Ed Stacker, representing the applicant, advised that the sole issue before the Commission was to establish which point the five-foot limitation would be measured. Collins McKay, Professional Engineer, Sea Systems, advised that the South Florida Water Management's main concern with regard to the Dania Cut-off Canal is drainage for flood control. Upon construction, the canal was originally established to be 100 foot wide. He pointed out that the portion of the canal, in ® the area in question, is actually more than 100 foot wide. He explained that the applicant's proposal would not protrude any further into the canal than the established bulkhead line on the east side of the canal. He reported that the Marine Advisory Board recommended approval of the appeal and he pointed out that the Board was of the opinion that the project would not impede navigation, which was their main concern. Shirley Mader, former County Zoning Official, advised that it was her professional opinion that the plan submitted by the applicant to the City with the appeal is a plan that lays out docks that comply with the Broward County Zoning Code provision that is the subject of this interpretation. Attorney Stacker advised that the original plan, submitted by the applicant, was approved by the South Florida Water Management District and a permit was issued. However, the applicant reduced the length of the dock because the City's regulations are more stringent than those of the South Florida Water Management District. He mentioned that the applicant's dock would extend no further than an existing one, at a single-family home to the east. Attorney Stacker commended the Marine Advisory Board for sorting through the issues presented by the public and for recommending approval. Attorney Stacker requested approval of the appeal. • Mayor Anton opened the public hearing. MINUTES 10 AUGUST 26, 2003 CITY OF DANIA BEACH Gary Hecker, Co-Chair Broward County Green Party, spoke in opposition of granting the appeal. Cara Campbell, Broward County Green Party, spoke in opposition of granting the appeal. Kay Jenkins, 2765 SW 45 Street, supported the applicant. John & Beverly McNall, 2754 Treasure Cove Circle, supported the applicant. Karen Gottlieb, 4473 Treasure Cove Drive, spoke in opposition of granting the appeal. Vito Cucuzza, 4401 SW 24 Avenue, spoke in opposition of granting the appeal. David Manuel, supported the applicant. Charlene Scalese, 826 NW 13 Avenue, supported the applicant. Joe DaMico, 4491 Treasure Cove Drive, supported the applicant. Brian Lewis, Broward County Sierra Club, spoke in opposition of granting the • appeal. John Abram, 4341 SW 34 Lane, supported the applicant. Ian Richter spoke in opposition of granting the appeal. Bill Montana supported the applicant. Hearing no further comments, the public hearing was closed. In response to Commissioner Mikes, City Attorney Ansbro clarified that the issue at hand was the "established bulkhead line". The Commission must weigh the credibility and the value of the testimony presented on the issue and make a decision. Attorney Ansbro advised that he supported the interpretation presented by Director Leeds. Commissioner Flury sympathized with the residents of Treasure Cove, however, the experts don't agree and she felt that she should support the interpretation made by Director Leeds. Vice-Mayor McElyea and Commissioner Mikes felt that the appropriate thing to do would be to measure 100 feet from the seawall at Boater's Park and make • that point the bulkhead line. MINUTES 11 AUGUST 26, 2003 CITY OF DANIA BEACH A motion was made by Vice-Mayor McElyea, seconded by Commissioner Mikes, to adopt the resolution granting the appeal with the condition that the bulkhead line be established 100 feet from the Boater's Park bulkhead, wherever it falls, and that no dolphin pilings be allowed. The motion passed on the following 4/1 roll call vote: Commissioner Chunn — no Vice-Mayor McElyea — yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes - yes THE CONSENT AGENDA WAS HEARD AFTER ITEM 9.4 9.5 VA-50-03 — A Variance request by Robert I. McLaren, representing COED-Stirling Road, LLC for the Hilton Gardens Inn, for property located at 180 SW 18th Avenue (North of Stirling Road and east of Interstate 95) to allow the following from Chapter 28, Zoning: a) Article 28.110 (3) — Sign Restrictions in areas zoned Commercial: (i) Two (2) monument signs (one sign allowed) (ii) Monument sign setback of 3.5 feet (5 feet required) (iii) Directory signs of nine (9) square feet (4 sq. ft. allowed) Corinne Church, City Planner, advised that staff recommended approval of part (a). b) Article 28.140 — Shopping Centers, hotels, office complexes and industrial complexes exceeding 80,000 sq. ft. within 1,000 feet of I- 95 or 1-595: (i) Height of pole sign 100 feet (50 ft. allowed) (ii) Size of pole sign 200 sq. ft. (48 sq. ft. permitted) A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT I. MCLAREN, REPRESENTING COED-STIRLING ROAD, LLC (THE HILTON GARDENS INN), FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, FOR PROPERTY LOCATED 180 SW 18T" AVENUE, (NORTH OF STIRLING ROAD EAST OF INTERSTATE 95), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Community Development Director, advised that the applicant was requesting a 100 foot sign because the tree cover where the sign would be installed is over 60 feet in height, and the signage in the Oakwood Plaza would block the visibility, from 1-95, of any signage less than 100 feet in height. The Planning & Zoning Board and staff recommended approval of part (b) subject to the conditions in staff's report. Mayor Anton opened the public hearing. MINUTES 12 AUGUST 26, 2003 CITY OF DANIA BEACH Attorney Robert McLaren, representing the applicant, requested approval. Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt the resolution approving the variance request (VA-50-3) subject to the conditions listed in staff's report as follows: • The 100' pole and sign structure (I-beam and cabinet) shall be painted light blue or gray to reduce the visibility of the sign pole and/or at the discretion of staff • The 100' sign pole shall be fully integrated into the sign cabinet such that it appears as a single structure • Subject to review of detailed rendering of sign colors and materials 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 VA-56-03 — A Variance request by Charles Bell, Jr., on behalf of Robert Anton, to extend a boatlift device 10 feet into a 60-foot wide canal for property located at 838 Argonaut Isle, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT ANTON, FROM THE CITY OF DANIA BEACH ZONING APPENDIX, ARTICLE 11, ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES, FOR PROPERTY LOCATED AT 838 ARGONAUT ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Prior to hearing this issue, Mayor Anton passed the gavel to Vice-Mayor McElyea, due to a conflict of interest. Corinne Church, Planning Consultant, advised that the Code allows the extension of a boatlift device no more than 10% of the width of the canal, or a 6- foot boatlift in this particular situation. The placement of a 10-foot boatlift device would exceed the maximum allowable by 7%. She advised that the existing dock extends 5.5 feet into the canal and that the existing boat is tied to the dock. However, the boatlift device would be attached to the existing seawall and the boat would not extend into the canal anymore than it does now. Vice-Mayor McElyea opened the public hearing. Hearing no comments in favor . or opposition, the public hearing was closed. MINUTES 13 AUGUST 26, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution approving the variance request (VA-56-03). The motion passed on the following 4/0 roll call vote with Mayor Anton abstaining: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury— yes Mayor Anton — (abstained) Commissioner Mikes - yes 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn asked Bonnie Temchuk to explain the request by Rose Evans to purchase a tree and obtain permission to plant it at Frost Park in remembrance of her son and husband. Mike Sheridan agreed to have his staff plant the tree with approval of the Commission. It was the general consensus of the Commission to approve the request and go forward with planting the tree at Frost Park. 10.2 Commissioner Flury stressed the importance of the Commissioners making their appointments to the Advisory Boards as soon as they are needed. She made the suggestion that if appointments were not made by the appropriate Commissioner within 90 days, that any Commissioner could present nominations for appointments to fill a vacancy on any • Board. It was generally agreed to place Commissioner Flury's suggestion on the September 9, 2003, Agenda. Commissioner Flury mentioned an official request from the Human Relations Board that they be allowed to serve in an advisory capacity with regard to the cemetery. It was generally agreed to place the request on the September 9, 2003, Agenda for action. She also mentioned the possibility of electronic devices being placed on shopping carts to keep them from being removed from the grocery store property. 10.3 Commissioner Mikes asked City Manager Pato to report that the millage rate for FY 2003-04 would not increase and would remain at 6.39. In response to Commissioner Mikes, City Attorney Ansbro reported that he contacted FAU with regard to the possibility of getting the docks back at SeaFair and FAU replied that the City should make them an offer. Commissioner Mikes asked the City Manager to develop a plan to replant trees at the entrance to Melaleuca Gardens. 10.4 Vice-Mayor McElyea thanked City Manager Pato and Director Sheridan for having the plants trimmed and the railings painted at the entrance to City Hall. MINUTES 14 AUGUST 26, 2003 CITY OF DANIA BEACH 10.5 Mayor Anton thanked the Commission for approving his variance, however, he pointed out that it took over four months to go through the process and felt that the time frame should be reduced. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of increasing the tree trimming height to accommodate fire rescue vehicles. Chief Ken Land explained that the City's ordinance only required trees to be trimmed back to provide 10 feet between the blacktop and the tree and the minimum height needed for a fire truck is 13.6 feet. He requested that the ordinance be amended to accommodate the fire trucks. Director Leeds agreed that the ordinance should be amended to require a minimum distance of 14 feet from the road. City Attorney Ansbro was directed to draft an ordinance. 11.2 Request for special event by DCOTA. Ken Koch, Building Official, explained that DCOTA was requesting to put up a tent, a temporary fence and would need a one-day temporary alcohol permit. • Jan Carberry, Vice President of Operations, DCOTA, advised that they would be holding an outdoor event on Saturday, August 30, 2003, and requested blanket approval for events for a two-year period. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to grant blanket approval for DCOTA to hold outdoor events for a two-year period subject to approval by the Fire Marshal. 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 11.3 Discussion of City's proposed Mission Statement. City Manager Pato advised that there was no existing Mission Statement for the City of Dania Beach and presented the following: "At the City of Dania Beach we are committed to improving the quality of life of our citizens. This is accomplished through honesty and integrity, leadership with vision, restoring economic vitality, and embracing our historic heritage." Commissioner Flury felt that "quality customer service" should be included in the Mission Statement. MINUTES 15 AUGUST 26, 2003 CITY OF DANIA BEACH • Commissioner Mikes suggested that the first paragraph read "At the City of Dania Beach we are committed to providing quality and responsive municipal services to our citizens and businesses." City Manager Pato agreed to include the above suggestions into the Mission Statement. 11.4 Discussion of renovations of Nyberg/Swanson House under grant program. Ken Koch, Building Official, advised that he was able to work with the contractor to organize the construction work in such a manner that would not require the displacement of the Dania Beach Chamber of Commerce or Dania Beach Main Street employees during the renovation project. 11.5 Dania Women's Club House. Bonnie Temchuk, Assistant to the City Manager, asked for Commission direction with regard to who should be responsible for the inside and outside maintenance of the Dania Women's Club building. Vice-Mayor McElyea advised that the Dania Women's Club built the building on the City's property but the inside and outside maintenance of the building has always been the responsibility of the Women's Club. City Attorney Ansbro directed Ms. Temchuk to send a letter to the Women's Club stating, as per direction from the City Commission, that they are responsible for the maintenance of the building. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to extend the meeting past midnight. The motion passed with Commissioner Flury voting no. 12. APPOINTMENTS: (SEE ITEMS 12.1 AND 12.4) 12.1 Appointment of 1 member to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER 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 Mikes appointed Karen Gottlieb. 12.2 Appointment of 1 member to the Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE MEMBER TO THE "HUMAN RELATIONS BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; MINUTES 16 AUGUST 26, 2003 CITY OF DANIA BEACH 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". Commissioner Mikes appointed Billy Phipps. 12.5 Appointment of 1 member to the Parks, Recreation & Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION & 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". ;• 12.6 Appointment of a member to serve in the position of Engineer on the Unsafe Structures Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO SERVE IN THE POSITION OF ENGINEER ON THE UNSAFE STRUCTURES BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A THREE (3) YEAR TERM EXPIRING MARCH 11, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". A motion was made by Commissioner Flury, seconded by Commissioner Chunn, 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— no comments 13.2 City Attorney— requested a Special Attorney-Client meeting on September 17, 2003, at 4:00 p.m. regarding Reuter Recycling. 13.3 City Clerk— Meeting Reminders: MINUTES 17 AUGUST 26, 2003 CITY OF DANIA BEACH • 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, 2003 —7:00 p.m. — Final Budget Hearing FY 03/04 14. ADJOURNMENT The meeting adjourned at 12:15 a.m. TTEST: OB A TON MAYOR-COMMISSIONER CHARLENE JOHN,9ON CITY CLERK Respectfully submitted by Nanci Denny APPROVED: September 23, 2003 • MINUTES 18 AUGUST 26, 2003 CITY OF DANIA BEACH