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HomeMy WebLinkAbout2003-09-09 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING SEPTEMBER 9, 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 James Polk, Greater Trinity Missionary Baptist 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 by Rick Crooks of EAC Consulting on behalf of Broward County, for the road widening and enhancements for Ravenswood Road, a County-owned roadway. Mike Sheridan, Director of Public Services, introduced Rick Crooks, EAC Consulting, who explained the plans for widening and enhancing Ravenswood Road, which is expected to begin in late 2004 or early 2005. Information was provided to the City Commission. 4.2 Presentation by Susan Engle, Broward County Commissioner and Mark Crosley, Assistant Executive Director, Florida Inland Navigation District, of a check in the amount of $180,000, for the dredging of the Dania Cut-Off Canal. Mark Crosley, F.I.N.D., presented a check to the City in the amount of $180,000, for the Dania Cut-off Canal dredging project that began in March 2003 and was completed in May 2003. MINUTES 1 SEPTEMBER 9, 2003 CITY OF DANIA BEACH Commissioner Mikes commended Bonnie Temchuk for her efforts in obtaining funds from three different agencies to accomplish the dredging project at almost no cost to the City. 4.3 Employee Recognition Program "General Employee of the Month" Award for August 2003: *Leo Williams* Mike Sheridan, Director of Public Services, recognized Leo Williams, Public Services Superintendent, who has served the City for 19 years, as Employee of the Month for August 2003. Mr. Williams was presented with a plaque, a "shining star" shirt and a check for $100. 4.4 Recognizing Marion Von Achen's retirement and her 20 years of service with the City of Dania Beach. Patricia Varney, Finance Director, recognized Marne Von Achen upon her retirement after 20 years of service. She thanked Marne for her expertise in preparing payroll and presented her with a visor and a set of play golf clubs. Mayor Anton presented her with a plaque and a gift certificate for golf green fees and wished her will in her retirement. • 5. PROCLAMATIONS: Proclamation declaring "September 11- Remembrance Day". Mayor Anton read the proclamation in its entirety. City Clerk Johnson recognized Christy Blocker for writing the proclamation. City Manager Pato read the proclamation issued by.President George W. Bush declaring September 11 as "Patriots' Day". ITEM 11.1 WAS HEARD AFTER ITEM 5.1 6. CITIZENS' COMMENTS: 6.1 Patricia Tyra, 2912 SW 54 Street, commented on the following: ® When will the citizens be able to enjoy Tigertail Park again Are they building what was presented for Harbor Isles • She questioned Broward County's widening of Ravenswood Road City Manager Pato advised that Kristen Jones, Director of Parks and Recreation, attended a meeting on Tigertail Park yesterday, but he had not yet received a report from her. He told Ms. Tyra that he would have Director Jones contact her to address her concerns. • Director Leeds explained that the site plan for Harbor Isles was being followed MINUTES 2 SEPTEMBER 9, 2003 CITY OF DANIA BEACH and he invited Ms. Tyra to meet with him to address her concerns. Mayor Anton directed Ms. Tyra to meet with Mr. Sheridan regarding her concerns about the widening of Ravenswood Road. 6.2 Vanessa Avolio, 5551 SW 24 Avenue, asked that the following issues be addressed: ® Planting shade trees to hide the fence along SW 24 Avenue © Prohibit the parking of boats in front yards • Allow only a certain percentage of front yards to be paved ® The need for a speed limit sign on SW 24 Avenue ® Neighborhood play area for the children • Street lights on SW 24 Avenue City Manager Pato was directed to have the appropriate Directors address the concerns raised by Ms. Avolio. 6.3 Reverend Lewis complained about the lack of response from B.S.O. after he called police when his car was hit on September 6. Mayor Anton directed Chief Cowart to meet with Reverend Lewis to address his concerns. • 7. CONSENT AGENDA(INCLUDING EXPENDITURES): 7.1 Minutes: • Approval of minutes for Regular Meeting, February 25, 2003. a Approval of minutes for Regular Meeting, June 24, 2003. 7.2 Travel Expenditures: Oct. 15-17- Approval for Charlene Johnson; City Clerk, to attend FACC Municipal Clerks Certification Program in Altamonte Springs, FI. (Estimated cost $590) 7.3 Bills: None Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A REIMBURSABLE GRANT THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN THE AMOUNT OF $25,000.00 WITH A MATCH OF IN-KIND SERVICES FROM THE CITY IN THE AMOUNT OF $25,000.00 FOR THE PURCHASE OF SIXTY (60) ROYAL PALM TREES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 3 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DANIA BEACH, NONEXEMPT MUNICIPALITIES, BROWARD COUNTY, AND BROWARD COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION, AS REQUIRED BY §163.01 FLORIDA STATUTES ALSO KNOWN AS THE FLORIDA INTERLOCAL COOPERATION ACT OF 1969; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROPRIATING TREE PRESERVATION FUND BY $2,500 FOR THE CONTINUATION OF TRANSPLANTING OF TREES AS DONATED BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO COLLECTIVELY MAKE ADVISORY BOARD APPOINTMENTS FOR THOSE INDIVIDUAL COMMISSIONERS WHO HAVE NOT BEEN ABLE TO MAKE THEIR APPOINTMENTS WITHIN 90 DAYS OF THE REQUIRED TIME PERIOD FOR THEIR RESPECTIVE INDIVIDUAL APPOINTMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 a) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING • RESOLUTION NO. 395, ADOPTED MAY 12, 1981 (WHICH CREATED THE HUMAN RELATIONS ADVISORY BOARD) TO AUTHORIZE THE BOARD TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION AS TO CITY CEMETERY MATTERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES—TITLE TO BE READ BY CITY ATTORNEY— 7.8 b) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING A PORTION OF PART 1, ARTICLE 3, SECTION 4 "CEMETERIES" OF THE CHARTER OF THE CITY OF DANIA BEACH TO PROVIDE THAT THE CITY COMMISSION SHALL ACT AS A BOARD OF TRUSTEES TO ADMINISTER THE PERPETUAL CARE FUND APPLICABLE TO CITY CEMETERIES; PROVIDING FOR APPROVAL OF CEMETERY MEMORIALS BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CERTAIN MUNICIPAL DEPARTMENTS; AMENDING THE CITY CODE OF ORDINANCES TO FORMALLY CREATE THE DEPARTMENT OF PARKS AND RECREATION; REPLACING THE TERM "DEPARTMENT OF ADMINISTRATIVE SERVICES" WITH THE TERM "DEPARTMENT OF HUMAN RESOURCES AND RISK MANAGEMENT'; CHANGING THE REFERENCE FROM THE "ADMINISTRATIVE SERVICES DIRECTOR" TO THE "DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT'; UPDATING THE DUTIES OF THE FINANCE DEPARTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES 4 SEPTEMBER 9, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Flury, 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 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 Public Hearing regarding the distribution of funding through the Local Law Enforcement Block Grant (LLEBG) Bonnie Temchuk, Assistant to the City Manager, reported that the total funds allocated this year was $43,103 with a match of $4,789 from the Law Enforcement Trust Funds. She presented the following staff recommendations: • Enhance security and crime prevention - $27,892 • Demolition of unsafe structures - $10,000 • Positive Outlooks With Educational Rewards (P.O.W.E.R.) after-school program - $10,000 • Mayor Anton opened the public hearing. Charlene Scalese, 826 NW 13 Avenue, spoke in favor of the recommendations but suggested that more funds be allocated to the POWER program for children. Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to support staff's recommendation. 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, 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 "PHILLIPS INDUSTRIAL PARK" PLAT; PROVIDING FOR SEVERABILITY; • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) MINUTES 5 SEPTEMBER 9, 2003 CITY OF DANIA BEACH City Attorney Ansbro read the ordinance title. Corinne Church, City Planner, explained that the property was located within the Port Everglades Development (PEDD) zoning district. She pointed out that due to the PEDD zoning, the property is exempt from the site plan review process. The west portion of the plat will remain as preserve area, while the east portion will be developed for over 300,000 square feet of industrial space. Staff and the Planning Zoning Board recommended approval with the following conditions: • Prior to city signature on final plat, applicant shall obtain approval of the Public Services Department, the Fire Marshal and FDOT for vehicle access. • Applicant shall record Conservation Easement for Parcel "B" prior to approval of any building permits. Mayor Anton opened the public hearing. Hoyt Holden, Calvin, Giordano & Associates, representing the applicant, concurred with staff's report to meet the two conditions listed above and 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 ordinance, on second and final reading, approving the plat subject to the Planning & Zoning Board and staff conditions listed above. The motion passed on the following 4/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes — (out of room) City Attorney Ansbro advised that the following hearings were considered quasi- judicial hearings and swore in those persons who would be speaking in each case. He cautioned the Commission to disclose any contacts that were made in accordance with the Jennings Rule. 9.3 SP-41-03 — A Site Plan request by Robert Johns, on behalf of Guardian American Development Co., LLC., for approval of the installation of perimeter landscape and wall around the 20 unit single family development known as the Bridgewater Estates Homes. Property located at 3057 SW 45th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ROBERT JOHNS, FOR GUARDIAN AMERICAN DEVELOPMENT CO., LLC., FOR PROPERTY LOCATED AT 3057 SW 45T" STREET GENERALLY LOCATED NORTH OF 45T" STREET, WEST OF SW 30TH AVENUE AND EAST OF SW 30TH WAY, MINUTES 6 SEPTEMBER 9, 2003 CITY OF DANIA BEACH ® DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Robert Johns, Guardian American Homes, requested approval of the site plan. Director Leeds advised that the plat was approved subject to the landscaping and screen wall plan being approved by the Commission. He explained that the wall would extend along SW 45 Street and along the property to the west, which is a private road. Staff is recommending approval subject to the installation of a fire hydrant to service the existing homes to the west of the subject parcel; location to be determined by the Fire Marshal. Mayor Anton opened the public hearing. Jay Field spoke in opposition of the wall that would be installed because it would hinder the view from his home. He suggested that the wall be omitted or decreased to four feet in height and totally hidden by landscaping. Hearing no further comments, the public hearing was closed. Mr. Johns explained that the proposed rendering indicates that the wall facing Mr. Field's home would be completely covered by landscaping. • Director Leeds advised that the entire wall would be moderately landscaped but the wall would still be visible. He stated that it would not be practical to entirely obscure the wall. Mr. Leeds felt that if additional landscaping was required to try and prevent any view of the wall, there would not be enough room in the ground for the plants to survive. Commissioner Mikes suggested that a taller growing plant, such as a fire brush, be planted on the outside of the west wall. Director Leeds advised that the distance between the roadway and the wall along the west side is only one foot wide and would be hard to plant fire brush in such a small area. In response to Mayor Anton, Director Sheridan reported that the preliminary review of the project indicated that the applicant met all code requirements for the pervious and impervious area. He advised that the wall would retain any water on the property and would cause no additional drainage problems on the surrounding community. In response to Commissioner Flury, Director Leeds was willing to meet with the City's Landscape Consultant and try to enhance the landscaping on the south side along SW 45 Street. • Commissioner Mikes suggested that the wall be reduced to five feet and substitute a shrub, such as fire brush or buttonwood, that could be trimmed and maintained at 6 feet in height on the inside of the wall. MINUTES 7 SEPTEMBER 9, 2003 CITY OF DANIA BEACH Mr. Johns pointed out that there were only four homes on the west side and none of the residents were opposed to the six-foot wall. Mr. Johns had no problem with installing additional landscaping along the wall on the south side, if necessary. Mr. Johns explained that the elevation of the subject property is different than the surrounding neighborhood and the retention wall will look like a four foot wall on the inside of the proposed development, but will look like a five or six foot wall from outside the development. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution approving the Site Plan (SP-41-03) with the following conditions: o Reduce the height of the wall on the west and south side to 5 feet ® Installation of proper vegetation as determined by the City's Landscape Consultant on the outside of the wall ® Installation of a fire hydrant to service the existing homes to the west of the subject parcel (location to be determined by the Fire Marshal) 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 AUGUST 12T" COMMISSION MEETING) 9.4 a) VC-26-03 — A Vacation request by Shelley Eichner, Calvin Giordano and Associates, on behalf of NAC Investors, LLC., to vacate an unimproved 15 foot section of land on the western portion of property located at 3064 Griffin Road, the Thunderbird Park Plat, adjacent to SW 31 st Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST TO VACATE AN UNIMPROVED 15 FOOT SECTION OF LAND ON THE WESTERN PORTION OF PROPERTY LOCATED AT 3064 GRIFFIN RD., (THUNDERBIRD PARK PLAT), ADJACENT TO SW 31 ST AVENUE, 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 THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director Leeds advised that the property was formerly known as the Thunderbird Mobile Home Park and is located on the south side of Griffin Road and the east side of SW 31 Avenue. He advised that although the unimproved Right-of-way exists adjacent to SW 31 Avenue, there is a drainage canal, which would prohibit the right-of-way to be used in any expansion effort of SW 31 Avenue. The vacated right-of-way would go back on the city tax rolls as private property and MINUTES 8 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • allow the preservation of additional open space since the property will not be developed as a roadway. Staff had no objection to the vacation request. Attorney Bonnie Miskel, Ruden, McClosky, Smith, Schuster & Russell, confirmed that the vacation of the 15-foot strip would have no affect on any preserve areas or vegetation such as the mangroves. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes to adopt the resolution approving the vacation request (VC-26-03). 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 b) VA-42-03/WA-42-03 — Request by Shelley Eichner, Calvin Giordano and Associates, on behalf of NAC Investors, LLC., for several variances and sidewalk waiver, for property located at 3064 Griffin Road. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING NAC INVESTORS, LLC, • FROM CHAPTER 28, ZONING, CHAPTER 26, VEGETATION, AND A WAIVER FROM THE REQUIREMENTS IN CHAPTER 22, STREETS AND SIDEWALKS FOR PROPERTY GENERALLY LOCATED AT 3064 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director Leeds advised that the applicant amended their site plan to provide 132 parking spaces, which exceeds Code requirements. Staff suggested that two parking spaces be reserved for each townhouse unit. Director Leeds explained that the applicant was requesting to waive 15 feet of the required 25-foot street side setback to provide a 10-foot setback from SW 31 Avenue. The Planning & Zoning Board and staff recommended approval, however, because the vacation was granted, Variance #1 and #2 are no longer necessary. Director Leeds explained that the applicant was also requesting approval of Variance #3 to waive 61 feet of the required 300-foot minimum street frontage to allow a wall sign on Griffin Road. The Planning & Zoning Board recommended denial of the sign variance, however, staff recommended approval of the sign variance provided that the sign does not exceed 8 square feet in area (2' x 4'). Director Leeds explained that the applicant is also requesting approval to waive the construction of a required sidewalk along SW 31 Avenue. He explained that the road is very narrow and in order to construct the sidewalk, it would require MINUTES 9 SEPTEMBER 9, 2003 CITY OF DANIA BEACH t the removal of vegetation along the canal bank and the relocation of the guardrail. There is no existing sidewalk to the south or the north of the property. Director Sheridan had no objection to waiving the sidewalk requirement, but asked that the applicant submit a bond or cash reflecting a value of $6 per square foot of sidewalk, to be placed in a sidewalk fund for future construction of sidewalks around the property. The Planning & Zoning Board recommended denial of the sidewalk waiver. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to approve the sign variance #3 with the condition that the sign does not exceed 8 square feet. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury— yes Mayor Anton — yes Commissioner Mikes — yes A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve the sidewalk waiver, subject to the applicant submitting a bond or cash reflecting a value of $6 per square foot of sidewalk. The motion failed on the following 2/3 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - no Commissioner Flury— no Mayor Anton — no Commissioner Mikes — yes Director Leeds clarified that the motion to waive the sidewalk requirement failed and the applicant will be required to install the sidewalk. c) SP-42-03 — A Site Plan request by Shelley Eichner, Calvin, Giordano and Associates, representing NAC Investors, LLC., for the construction of 57 two-story townhouses located at 3064 Griffin Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING NAC INVESTORS, LLC, FOR PROPERTY LOCATED AT 3064 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. The Planning & Zoning Board and staff recommended approval of the site plan subject to the applicant abiding by the following conditions: © Delete the monument sign from the site plan (City cannot grant a permit for the vehicular entry sign as it is located in public right-of-way) © Clearly show sidewalks along Griffin Road and SW 31 Avenue or submit a letter of sidewalk waiver from the Department of Public Services, including agreement of sidewalk bond MINUTES 10 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • Payment of $70,537 local park impact fee prior to issuance of any building permits • Obtain written approval from the easement holders for any proposed landscaping within the easements • Relocate the proposed fence and wall located along SW 31 Avenue (not required if right-of-way vacation is approved) • Minimum C-900 pipe required brass fittings and iron taps. Lift station wet well material must be reviewed and approved by the Department of Public Services. Fiberglass is not acceptable. • Provide the wetland delineation for the site area being disturbed (including the outflow line) and obtain written approval from all governing regulatory agencies for the encroachment into the mangroves. • Provide the approved wetland mitigation plans • Provide a mitigation donation of $12,800 to the City's Tree Trust Fund for the removal of the existing trees on the site, prior to issuance of tree removal permit. • If the applicant chooses not to reserve two parking spaces for each unit, Homeowners Association documents shall provide notice that only one parking space is reserved for each unit and that additional parking is available on a "first come, first serve" basis in guest parking areas located throughout the complex. • Homeowners Association documents to identify City Future Land Use Plan idesignations of adjacent undeveloped properties. • Homeowners Association documents to identify proximity of project to FLL airport and refer questions concerning airport/runway expansion to the Broward County Aviation Department. • Payment of additional $5,000 cost recovery fees to address traffic consultant review, landscape consultant review and site inspection, and multiple in- house staff review. Unused funds will be reimbursed to the applicant upon issuance of Certificate of Occupancy. Attorney Bonnie Miskel concurred with staff's recommendations. Mayor Anton opened the public hearing. Patricia Tyra, Estates of Fort Lauderdale, was concerned about what the 15-foot vacation would be used. She was also concerned with the increased traffic that the project would generate and requested that three-way stop signs be installed along SW 31 Avenue. Director Leeds advised that the 15-foot vacation would have no affect on the proposed site plan. The installation of three-way stop signs would have to be investigated with FDOT. ® Hearing no further comments, the public hearing was closed. MINUTES 11 SEPTEMBER 9, 2003 CITY OF DANIA BEACH Mayor Anton felt that SW 31 Avenue was very narrow and suggested the possibility of installing a culvert in order to widen the road. Director Sheridan advised that it was possible, however, the traffic counts taken by Broward County do not warrant discussion at this time. Mayor Anton wanted to see as much traffic as possible diverted to Griffin Road in order to keep it out of the residential areas. In response to Commissioner Flury, Attorney Miskel advised that it would cost her client less money to construct the sidewalks than to contribute to a sidewalk fund. In response to Mayor Anton, Attorney Miskel advised that her client would prefer not to reserve two parking spaces per unit. Attorney Miskel reminded the Commission that the project complies with the density, zoning and parking required by Code. She pointed out that by reserving two parking spaces per unit, the second reserved space could not be used by others. She mentioned that her client has 30 years of experience in development and has never found it to be operationally useful or functional to reserve two parking spaces per unit. Commissioner Mikes requested that the plan be amended to indicate where the reserved parking units for each building would be located to ensure that the reserved parking spaces are within reasonable walking distance to each building. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to defer the site plan to September 23, 2003, until the reserved parking issue can be resolved. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury— yes Mayor Anton — yes Commissioner Mikes — yes 9.5 SP-46-00/03 — A Site Plan Modification request by Gary Posner, Treasure Cove Associates, Ltd., to revise the setback alignment for buildings "P" and "Q" for property located at SW 45th Street and SW 27th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY TREASURE COVE ASSOCIATES, LTD, FOR PROPERTY LOCATED AT SW 45TH STREET AND SW 27TH AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, City Planner, advised that construction had begun on building P & Q and it was discovered that the fire hydrant line was not the correct distance from the building. The field measurement indicated that the line was 6.6 feet MINUTES 12 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • from the building, not 8.14 feet as indicated on the site plan. In order to accommodate the dimension restriction, they would like to change the setback for building Q, which would be measured from an internal street, not the property line. The buildings would still meet the minimum building separation requirement and the fire code. Mayor Anton opened the public hearing. Ed Polosky, Craven & Thompson, Associates, representing the applicant, explained that the field workers lined up the front of Building R with the side of Building Q, which caused a setback problem with Building P. He advised that all buildings would still meet the minimum separation requirement and requested approval. Hearing no further comments, the public hearing was closed. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the modified site plan. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea - yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes —yes 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn had no comments. 10.2 Commissioner Flury brought up the issue of hiring an in-house attorney who would serve the City of Dania Beach exclusively and would also reduce the cost to the City. Commissioner Mikes agreed that a firm costs the City more but provides more expertise in specialized areas and greater integrity. He felt there would be potential for abuse if an in-house attorney were hired. He mentioned that code enforcement cases were costing the City $100,000 a year and felt that an in- house attorney could be hired to also handle the code enforcement matters. City Manager Pato explained that research indicated that there would be no significant savings achieved for hiring an in-house attorney unless all functions of legal work were combined. He felt that the City could not avoid additional costs involved with specialized services. 10.3 Commissioner Mikes mentioned the possibility of reducing the density throughout the City. Director Leeds and. City Attorney Ansbro were directed to research the possibility of reducing the density and bring back a recommendation for consideration. MINUTES 13 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • In response to Commissioner Mikes, City Manager Pato reported that the City was prepared to handle any potential hurricanes. 10.4 Vice-Mayor McElyea allowed Deputy Chief Mike Cassano to advise the Commission that the Fire Department would like to request permission to install a sign at the Fire Administration Center and name the building "George Land Fire Administrative Offices". In addition, they wish to install a plaque in recognition of George Land, Dania's first paid Fire Chief, for all the work he did for the department. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the concept as presented by Deputy Chief Cassano. 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 Vice-Mayor McElyea asked for a consensus from the Commission on whether to grant Castella Williams a reconsideration of her abatement request. It was the general consensus of the Commission to allow her another hearing on . September 18, 2003. 10.5 Mayor Anton mentioned a letter that was received from ICMA regarding the provision in the ordinance regarding the term of the City Manager's contract expiring after each municipal election. He pointed out that it was the opinion of the ICMA that the City would have a hard time attracting and retaining a professional manager in the future with this restriction. Mayor Anton mentioned that a blanket permit was approved for DCOTA and advised that the event held two weeks ago got a little out of hand with regard to noise. He advised that residents of the Estates of Fort Lauderdale complained about the loud music from the event at 1:00 a.m. It was Mayor Anton's understanding that the events would not last beyond 11:00 p.m. The City Manager was directed to address the matter with DCOTA. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 5.1 11.1 Discussion of request by The School Board of Broward County to run a 12" water line from Stirling Road to Bethune Elementary School along 22nd Street. Mike Sheridan, Director of Public Services, introduced Bertrum Lewis, Broward County School Board, who explained that a new cafeteria for Bethune Elementary was being designed. Based on fire flow tests conducted on the site, MINUTES 14 SEPTEMBER 9, 2003 CITY OF DANIA BEACH it was determined that the water pressure was extremely low. In order to complete the design, additional water pressure is needed for fire safety reasons. Mr. Bertrum requested permission to install 1,000 feet of 12" water line be installed and connected to the 16" water main at the intersection of Stirling Road and North 22 Avenue. He explained that it would take approximately 4,000 linear feet if the water line was connected to Hollywood's water main on Sheridan Street and would cost between $500,000 and $750,000. The connection would be used strictly for fire protection use and would not count against the City's overall consumption capacity. He pointed out some benefits to the City as follows: ® Additional revenues generated by connection fees and periodic water use. ® Facilitate water improvements for the City in the area east of 22 Avenue Beneficial to Dania Beach residents whose children attend the school In response to Commissioner Mikes, Director Sheridan explained that additional water lines could be installed in the neighborhood, at a later date, that would give the City the ability to loop it back into the City's system. He advised that the School Board would be required to obtain, in writing from the Broward County Health Department and the Department of Environmental Protection, a letter ensuring that the line would not count against the City's consumption capacity. Director Sheridan also requested that the School Board assure that there would be no cost to the City in the future with regard to this line. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the concept, with an inter-local agreement to be brought back on September 23, 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 ITEM 11.4 WAS HEARD AFTER ITEM 11.1 11.2 Clarification of the Marine Advisory Board's role in reference to waterfront requests such as boat lifts and dock approvals. Laurence Leeds, Director of Community Development, asked for Commission direction with regards to the role of the Marine Advisory Board and waterway requests. Commissioner Mikes stated that it was his original intent for the Marine Advisory Board to review other cities' ordinances and recommend a policy position for the City to abide by. The City Commission generally agreed that the Marine Advisory Board was only to recommend a policy position, not to provide a recommendation on boat lifts and boat docks. MINUTES 15 SEPTEMBER 9, 2003 CITY OF DANIA BEACH Director Leeds was directed to draft an ordinance amendment with regard to dolphin pilings and get a recommendation from the Marine Advisory Board. 11.3 Request by staff to change meeting date scheduled November 11, 2003 due to Veteran's Day Holiday. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to change the November 11, 2003, meeting to November 12, 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 ITEM 11.4 WAS HEARD AFTER ITEM 11.1 11.4 Discussion of membership on I.T. Parker Community Center Advisory Board Kurt Ely, Chairman, advised that the I.T. Parker Community Center Advisory Board requested that the resolution regarding the appointment of members be amended to include the appointment of an alternate member to the Board because the Board very rarely meets due to the lack of a quorum. The Board also asked that the resolution be amended to state that members would automatically be removed from the Board should they have three unexcused absences. A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to accept the recommendations of the I.T. Parker Community Center Advisory Board and prepare an amending resolution. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes - yes Mr. Ely also advised that the Board was interested in being involved in the budget of the I.T. Parker Center to establish the exact expenditures involved in running the Center as well as the revenues generated by the rental of the center. He advised that the Board was also discussing the costs incurred by the City, such as staffing and utilities, when rental fees are waived. ITEM 11.5 WAS HEARD NEXT 11.5 Request by Jaxson's Restaurant to install temporary portable toilets in the parking lot of the shopping center from November 3 to December 1, 2003 while renovations are completed on permanent restrooms for ADA compliance. MINUTES 16 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • Laurence Leeds, Community Services Director, advised that staff recommended approval, subject to the necessary permits being obtained and that the project be completed within eight weeks. Jerry Smith, Jaxson's Restaurant, explained that it was necessary to renovate the restrooms in order to make them ADA compliant. He stated that they might need to start the project earlier than November 3 and felt that it would be completed within six weeks. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve the request for temporary portable toilets. 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 11.7 WAS HEARD AFTER ITEM 11.5 ADDENDUM 11.6 Discussion of Dania Beach's membership with Broward Alliance. Commissioner Mikes spoke negatively about the Broward Alliance and was glad to hear that the $5,000 membership fee was not budgeted. 11.7 Request by Saint Maurice Catholic Church for a Carnival and Revival from November 6 through 9, 2003. Ms. Gumbar, representing Saint Maurice Catholic Church, requested approval. Director Leeds advised that arrangements have been made with B.S.O. for off- duty detail and the Fire Marshal recommends approval subject to the following: a Application for special detail to the Fire Department o Permit applications for the tents and canopies ® Certificates of Flame Retardancy for each of the tents A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to approve the request subject to the Fire Marshal's conditions listed above. 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 17 SEPTEMBER 9, 2003 CITY OF DANIA BEACH Ms. Gumbar asked if the City would be willing to donate any police or EMS personnel. Mayor Anton directed Ms. Gumbar to meet with the City Manager, the Police Chief and the Fire Chief regarding the request. 12. APPOINTMENTS: (SEE ITEM 12.2) 12.1 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; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.2 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". Commissioner Mikes appointed Charlene Scalese. 12.3 Appointment of 1 member 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". 12.4 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". 12.5 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 Chunn, seconded by Vice-Mayor McElyea, to adopt the resolution affirming the appointment of Charlene Scalese to the I.T. Parker Community Center Advisory Board. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton — yes MINUTES 18 SEPTEMBER 9, 2003 CITY OF DANIA BEACH tCommissioner Mikes — yes 13. ADMINISTRATIVE REPORTS: City Manager was pleased to report that the South Florida Regional Planning Council unanimously voted to endorse the proposed LAC for the City of Dania Beach. Director Leeds mentioned the concerns brought up by Ms. Tranchina regarding the restricting of parking boats in front yards in the annexed area. He advised that the City inherited the Broward County Code for the area and the Code allows the parking of one boat and one recreational vehicle as long as it does not extend over the sidewalk. Director Leeds reminded the Commission that a lot of promises were made to the people in the annexed area that the City would not change their life style or their land use, however, the City Commission can certainly enforce the code requirement in the area if they desire. Director Leeds also mentioned Ms. Tranchina's concern regarding parking on unpaved surfaces. He explained that the Code could be changed to require parking on paved surfaces only, however, a resident who has several cars because of the size of their family, could potentially pave over their entire front yard. He asked that the two issues be discussed at a future meeting. Director Sheridan advised that there was a substantial sanitary sewer break in the area of Taylor Road, which has been contained. The State was made aware of the break and all the necessary paper work has been submitted to the State. He mentioned that additional funding might be needed because there is a possibility that the City could face a fine of$10,000 per day. City Attorney Ansbro pointed out that the City of Pembroke Pines & the City of Hallandale Beach asked Dania Beach to postpone their attorney/client session scheduled for September 17, 2003, regarding Reuter Recycling, in order to allow the cities one more chance to meet with Waste Management to try and resolve the matter regarding hauling and disposal. The City Commission generally agreed not to postpone the meeting because they wanted to be brought up-to- date on the matter. City Attorney Ansbro advised that his firm represents BFI in certain issues, however, the firm was not representing BFI in the present issue. He advised that BFI is the City's current hauler and is being acquired by Waste Management. He requested approval by the City Commission to allow the Mayor to sign a letter stating that there would be no legal conflict in this matter. The Commission generally agreed and the Mayor wanted to review the letter before signature. • 13.3 City Clerk— Meeting Reminders: September 9, 2003 — 7:00 p.m. — Regular City Commission Meeting MINUTES 19 SEPTEMBER 9, 2003 CITY OF DANIA BEACH • September 11, 2003 — 7:00 p.m. — Proposed Budget Hearing for FY 03/04 Special Assessment Programs September 17, 2003 —4:00 p.m. — Special Meeting (Closed Attorney/Client Session) September 17, 2003 -4:30 p.m. —Workshop Meeting 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 12:10 a.m. ATTEST: Bob Arfton Mayor— Commissioner Charlene Johnso City Clerk Respectfully submitted by Nanci Denny • Approved: October 14, 2003 MINUTES 20 SEPTEMBER 9, 2003 CITY OF DANIA BEACH