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HomeMy WebLinkAbout2003-09-23 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING SEPTEMBER 23, 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: * Dr. Carlton Branker, True Bread Worship 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 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation by United Way of Broward County on the Earned Income Tax Credit Initiative. Sandra Bernard-Bastien, Director of Government and Public Affairs of the Childrens Services Council, was pleased to announce that $114,000 would be spent in Dania Beach in 2004, for after-school programs. She explained that 85,000 eligible families in Broward County had not claimed the Earned Income Tax Credit, leaving $99,000,000 unclaimed in Washington. The CSC has partnered with the United Way to spread the word about the EITC to the taxpayers of Broward County. Richard Blattner, Chairperson of the United Way Southern Regional Advisory Council, explained that United Way together with the CSC has launched a major campaign to spread the word about the availability of the EITC for low and moderate income working families. He encouraged the City to have their Human Resources Department review its payroll to determine if there are any employees who may qualify for the EITC. He also encouraged the public to contact Ms. MINUTES 1 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Bastien to find out how to apply for the EITC. 4.2 Presentation by Comcast Cable TV. Cindy Stoddard, Comcast Cable TV, presented a progress report. She mentioned that Comcast made a commitment to upgrade all the acquired AT&T Cable System by 2004, which would represent a capital investment of $153,000,000 in the South Florida market place. Comcast is in the process of a very aggressive upgrade, specifically within the City of Dania Beach. She explained that the upgrade includes digital cable, high speed internet access, high definition television and video on demand. Comcast is also expanding its commitment to education by wiring all the K — 12 public and private schools and libraries and installing complimentary cable modems as well as training and service to the media specialists in the schools. She encouraged the public to call her with any questions at 954-534-7478. In response to Commissioner Mikes, Ms. Stoddard explained that the City of Dania Beach has very old cable technology that is in desperate need of being upgraded and when all the upgrades are complete, the problems experienced with the local channels should disappear. She advised the public that there would be intermittent disruption in service during the upgrades and that the anticipated completion within the City of Dania Beach would be March 2004. Mayor Anton recommended that she make herself available to the Civic Associations who are experiencing cable problems. 4.3 Recognition of Dania Beach Housing Authority for recent accomplishments. Mayor Anton mentioned that the Dania Beach Housing Authority received significant recognition for their accomplishments over the past year and introduced Rita Brown, Executive Director. Director Brown introduced the Board of Directors and staff of the Dania Beach Housing Authority. She was pleased to announce that the DBHA was recently named "Public Entity of the Quarter" by the Florida League of Cities, and read an article that was printed in the FLC newsletter. She advised that the DBHA SEAMAP program received a grade of 100% by the Department of Housing and Urban Development and that their Public Housing Program received a grade of 97%. Mayor Anton congratulated the DBHA on all their accomplishments. Commissioner Mikes congratulated the DBHA on the achievement of the award given by the Florida League of Cities. He asked if the DBHA was any closer to MINUTES 2 SEPTEMBER 23, 2003 CITY OF DANIA BEACH • getting involved in a program to encourage more home ownership. Director Brown advised that the DBHA has not started a home ownership program, however, it is possible through the existing Section 8 program. She stated that it was a good program, however, it takes several years for someone to qualify because of the responsibilities involved in home ownership. She advised that the program could be explored by the DBHA. 4.4 Presentation of check from the City of Dania Beach to Chamber of Commerce from revenues received from the bus bench contract. City Manager Pato advised that a check in the amount of $3,337.86 was being presented to the Dania Beach Chamber of Commerce to be used for economic development opportunities. Mayor Anton presented the check to Pat Rafacz, representing the Chamber of Commerce. ADDED ITEM 4.5 Director Kristen Jones introduced Dr. Jeff Bressner, BCC, who presented an update on Tigertail Park. Dr. Bressner advised that construction of the BCC building is complete with the exception of a water meter, at Tigertail Park, and should be occupied at the end of October 2003. He also advised that a new rope course would be installed as • well as a fence. He mentioned that the existing building on the Dania portion of the lake needs to be demolished because it is not cost effective to refurbish it. He advised that picnic areas, with shelters, would be built in the area, which should take seven to eight months. 5. PROCLAMATIONS: 5.1 Proclamation declaring September 28, 2003, as "Good Neighbor Day" in the City of Dania Beach. Mayor Anton proclaimed September 28, 2003, as "Good Neighbor Day". 5.2 Proclamation declaring October 7, 2003, as "Griffin Civic Association 40th Anniversary Day" in the City of Dania Beach. Mayor Anton read the proclamation in its entirety and presented it to Rusty McCormick on behalf of the Griffin Civic Association. Vice-Mayor McElyea mentioned that he was one of 50 people who attended the first meeting of the Griffin Civic Association. 5.3 Proclamation declaring the month of October 2003, as "Domestic Violence Month" in the City of Dania Beach. • MINUTES 3 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Mayor Anton read the proclamation in its entirety. 5.4 Recognition of designating October 9, 2003, as "Lights on for Afterschool Day" in the City of Dania Beach and Broward County. Mayor Anton recognized October 9, 2003, as "Lights on for Afterschool Day". ADDED ITEM 5.5 Mayor Anton read a poem written by Gloria J. Shuttlesworth for POW/MIA Recognition Day. 6. CITIZENS' COMMENTS: 6.1 Kurt Ely mentioned that Dominos Pizza would not deliver to certain areas within Dania Beach after 7:00 p.m. due to the concern for safety of their drivers. Mr. Ely also mentioned that Jaxson's Ice Cream was recognized recently on the Food Channel as one of the top five places in the Country for dessert. Commissioner Flury requested that the City Manager investigate the issues with Dominos. 6.2 Mark Latimer, 3081 SW 47 Street, presented pictures of a vessel parked in the canal adjacent to his property. He advised that none of the property owners gave their permission for the vessel to park in the canal. He was told that there was no law requiring the removal of the vessel. He asked for the Commission's help in rectifying the situation. He also complained that many of the mangroves were removed from the canal. Commissioner Mikes asked the City Manager to find out who removed the mangroves. Mayor Anton suggested that City Manager Pato meet with Chief Cowart, the Marine Patrol and Broward County Code Enforcement to rectify the boat situation. 6.3 Joe Van Eron, Triangle Village Civic Association, spoke in favor of neighborhood redevelopment. He advised that the street closures in the SW neighborhood have been successful and greatly improved the area, however, the will of the neighborhood is to also close SW 2 Avenue to further improve the area. Commissioner Flury asked if this was one of the streets that BSO was interested in closing. Chief Cowart advised that a recommendation was made for closing SW 5 Court at SW 1 Street. MINUTES 4 SEPTEMBER 23, 2003 CITY OF DANIA BEACH ® The Commission generally agreed to place the discussion of street closures on the October 14 Agenda. Mayor Anton pointed out that the traffic surveys by BSO indicated between 6,000 and 8,000 cars, in a 24-hour period, travel on SW 2 Avenue between 11 Street and Sheridan Street. 6.4 Manerva Simon and Frank Neuves, Puerto Rican Chamber of Commerce of Broward County, advised that they were planning an event at the end of October within the City of Dania Beach and would be requesting permission on the October 14 agenda. ITEM 11.3 WAS HEARD AFTER ITEM 6.4 CONSENT AGENDA WAS HEARD AFTER ITEM 11.3 ITEMS PULLED FROM CONSENT AGENDA: (COMMISSIONER MIKES PULLED ITEM 7.7, CITY MANAGER PA TO ITEM 7.8) 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: • Approval of minutes for Workshop Meeting of February 19, 2002. • Approval of minutes for Regular Meeting of August 26, 2003. 7.2 Travel Expenditures: NONE 7.3 Bills: Approval of Bills for the month of August 2003. Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-208 WHICH CREATED THE I.T. PARKER COMMUNITY CENTER ADVISORY BOARD, TO PROVIDE FOR THE ADDITION OF AN ALTERNATE MEMBER AND TO PROVIDE THAT THREE (3) UNEXCUSED ABSENCES OF A BOARD MEMBER SHALL RESULT IN REMOVAL FROM THE BOARD (TO REPLACE THE CURRENT PROVISION PROVIDING FOR AUTOMATIC REMOVAL OF A MEMBER FOR THREE CONSECUTIVE ABSENCES); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING THE RATE OF COMPENSATION FOR LEGAL SERVICES PROVIDED BY TIMOTHY M. RYAN OF RYAN & RYAN, LLC AS SPECIAL CITY COUNSEL; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING MINUTES 5 SEPTEMBER 23, 2003 CITY OF DANIA BEACH THE PROPER CITY OFFICIALS TO EXECUTE A DOCUMENT ON BEHALF OF ® THE CITY, EVIDENCING THE CONSENT OF THE CITY TO THE SALE OF PROPERTY LOCATED AT 1190 SW 11TH AVENUE (KNOWN AS THE "LIBERTY HEIGHTS APARTMENTS") LOCATED IN THE CITY TO BE SOLD BY THE BROWARD COUNTY HOUSING FINANCE AUTHORITY TO THE BROWARD COUNTY HOUSING AUTHORITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the Consent Agenda with the exception of Item 7.7 & Item 7.8. The motion passed on the following 5/0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea — yes Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes — yes ITEMS PULLED FROM CONSENT. 7.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF CONTRACT, SUCH CONTRACT BEING KNOWN AS THE "RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT, EXISTING BETWEEN THE CITY AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC., SUCH CONTRACT TO BE ASSUMED BY AND ASSIGNED TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes asked the City Manager to give an explanation. City Manager Pato explained that Waste Management, Inc. is acquiring the assets and operations of BFI Waste Systems, who currently holds the contract for residential solid waste and recycling collection services for the City through September 2004. In order to complete the acquisition, BFI is asking the City to approve the assignment and assumption of the balance of the contract to Waste Management. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes —yes 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH MINUTES 6 SEPTEMBER 23, 2003 CITY OF DANIA BEACH ® TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH 2O03-2004 FLORIDA LEGISLATIVE SESSIONS IN AN AMOUNT NOT TO EXCEED $60,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Pato asked Commissioner Mikes to comment on the issue. Commissioner Mikes explained that occasionally a major project develops in the City that needs representation during the Florida Legislative Sessions. He felt it would be in the best interest of the City to engage a firm for effective representation and recommended the firm of Tidewater Consulting, Inc. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes —yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING ® THE BID PROPOSAL SUBMITTED BY COASTAL CONTRACTING AND DEVELOPMENT, INC. IN THE AMOUNT OF $144,537.00 FOR THE LIGHTING OF THE BASEBALL FIELD AND COURTS AT C.W. THOMAS PARK; AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ken Koch, Building Official, advised that only one bid was received. A background check was done on Coastal Contracting as well as their electrical sub-contractor and both were found to be qualified for the specified work. Mr. Koch recommended that the contract be awarded to Coastal Contracting and Development, Inc. in the amount of$144,537.00. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution awarding the contract to Coastal Contracting. 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) 8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE BID PROPOSAL SUBMITTED BY ACCURATE TENNIS COURTS INC. IN MINUTES 7 SEPTEMBER 23, 2003 CITY OF DANIA BEACH ® THE AMOUNT OF $59,000.00 FOR THE RESURFACING OF THE MULTI- PURPOSE COURTS AND CONSTRUCTION OF A JUNIOR BASKETBALL COURT AT C.W. THOMAS PARK; AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ken Koch, Building Official, advised that bids were received from Accurate Tennis Courts, Inc. and Coastal Contracting and Development. A background check was done on both contractors and both were found to be qualified for the specified work. Mr. Koch recommended that the contract be awarded to the low bidder, Accurate Tennis Courts, Inc., in the amount of $59,000. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution awarding the contract to Accurate Tennis Courts, Inc. 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) 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 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. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Hearing no one speak .in favor of or opposition to, 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 4/0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes (out of room) 9.2 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 MINUTES 8 SEPTEMBER 23, 2003 CITY OF DANIA BEACH 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. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Hearing no one speak in favor of or opposition to, 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 4/0 roll call vote: Commissioner Chunn — yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes (out of room) 9.3 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA; REQUEST BY CHARLES PUTNAM & ASSOCIATES, INC. REPRESENTING BARRY MORRIS, OCEAN DEVELOPMENT PROPERTIES LLC., TO REDESIGNATE FROM "RESIDENTIAL 16" AND "COMMERCIAL" TO "IRREGULAR RESIDENTIAL 15" (15 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the ordinance title. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. In response to Commissioner Mikes, Attorney Bonnie Miskel, Ruden, McClosky, Smith, Schuster & Russell, advised that her client would be working very closely with staff to satisfy the architectural, aesthetical and landscaping perspectives. They are currently negotiating with DPEP concerning wetland mitigation should the project impact the wetlands. MINUTES 9 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Director Leeds advised that the School Board determined that the project would create a need for 17 additional students, subject to the applicant agreeing that the building would be a minimum 10-story building. There is no Code requirement for the 10-story building, so the applicant would have to voluntarily commit to deed-restrict the property for a minimum 10-story building in order to meet the School Board's requirement. Attorney Bonnie Miskel agreed with the School Board and will prepare a deed restriction to meet the requirement. 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 City Attorney Ansbro advised that the following items were quasi-judicial hearings and swore in those persons who would be giving testimony. He also cautioned the Commissioners to disclose any contacts in accordance with the Jennings Rule. ® Mayor Anton disclosed that he spoke with Attorney Bonnie Miskel on Item 9.4. 9.4 SP-42-03 — A Site Plan and Sidewalk Waiver 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. (continued from 9/9/03) 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. Director Leeds explained that the applicant submitted a plan that establishes three different tiers of parking spaces within the project. In the first tier, each unit owner will have a space reserved exclusively for their unit, which will involve 57 parking spaces. The second tier will consist of 57 parking spaces scattered throughout the project that will be restricted for use by unit owners only and cannot be used by guests. The third tier will consist of 18 guest spaces, located primarily at the north end of the project. Staff recommended approval of the concept with the condition that the Home Owner's Association documents reflect that boats, boat trailers and recreational vehicles not be permitted within the MINUTES 10 SEPTEMBER 23, 2003 CITY OF DANIA BEACH ® project. Attorney Bonnie Miskel, representing the applicant, concurred with Staff's recommendation and agreed to the conditions. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Commissioner Mikes asked the applicant to make the parking issue clear in any pre-promotion activities. Director Leeds asked that the motion also include the 11 conditions listed in the staff report. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the resolution approving the Site Plan (SP-42-03) subject to the following: • That the Home Owner's Association documents reflect that boats and boat trailers and recreational vehicles will not be permitted within the project. • 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) • • 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 • 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, Home Owners 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. • Home Owners Association documents to identify City Future Land Use Plan designations of adjacent undeveloped properties. • Homeowners Association documents to identify proximity of project to FLL • airport and refer questions concerning airport/runway expansion to the MINUTES 11 SEPTEMBER 23, 2003 CITY OF DANIA BEACH 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. 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 Director Leeds allowed the applicant to present new information concerning the sidewalk issue. Attorney Miskel advised that DPEP has already made a wetland determination at the site. She advised that construction of the sidewalk would cost her client less than contributing to a sidewalk fund, however, the sidewalk would lead to nowhere and there would be no access to the other side of the canal. Attorney Miskel suggested an alternative of installing a crosswalk across SW 31 Avenue, at the entrance to the project that would connect to the interior sidewalk, for access to Publix. Mike Sheridan, Director of Public Services, clarified that the Public Services Department would prefer that the sidewalk be constructed. He requested that the applicant provide proof from DPEP that the sidewalk would not be allowed. Director Sheridan was concerned about the additional cost to the City for mitigation of mangroves if the sidewalk was installed at a later date. Attorney Miskel agreed to apply for the necessary permits and to provide the City with the letter of approval or rejection from DPEP. Commissioner Mikes thought the mangroves should remain untouched as an additional buffer from SW 31 Avenue. He felt that the sidewalk would lead to nowhere and that it would be more feasible to accept the cash bond and hope that a sidewalk doesn't have to be put in at a later date. Vice-Mayor McElyea felt that SW 31 Avenue would need to be widened in the future and that the sidewalk would probably be put in at that time. Mayor Anton was of the opinion that DPEP would not approve a permit for the sidewalk and he agreed that the sidewalk would go nowhere; however, he liked the idea of the crosswalk. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, MINUTES 12 SEPTEMBER 23, 2003 CITY OF DANIA BEACH • to waive the sidewalk requirement subject to a bond or cash being filed with the City, reflecting a value of $6 per square foot of sidewalk, to be placed in a sidewalk fund for future construction, and subject to comment No. 7 of Alan Tinter's letter dated August 27, 2003, as follows: "Anyone (pedestrian) from the site desiring to go to Publix will likely do so by crossing directly across SW 31 Avenue. Pedestrian facilities (sidewalks) should be provided for this. If the driveways are aligned, this will require a sidewalk along the entrance road to SW 31 Avenue. If they do not align (which we do not recommend) then a short section of sidewalk should also be provided on the east side of SW 31 Avenue between the entrance to the site and the entrance to Publix. Other pedestrian activity can be accommodated via the pedestrian access from Griffin Road, eliminating the need for additional sidewalk along the site frontage on SW 31 Avenue. I am not convinced that pedestrians who are destined to Publix will walk out of the site, between two buildings, via the pedestrian access to Griffin Road and then walk west to Publix. This is especially true of residents who will reside along the south and west portions of the property. The most direct access will be to cross SW 31 Avenue. Sidewalks (which will have to include gates in the fence that can be opened with the same access system used for the vehicular gates or the proposed gates to the north) should be included along either the north or south side of the entrance road. To improve pedestrian safety, consideration should be given to posting Pedestrian Xing signs, along with a marked crosswalk." 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 a) VA-43-03 — Request for Variance approval by Daniel Sawicki, Stirling, LLC, a Florida Limited Liability Company (Forest View), from Broward County Zoning Code, Section 39-81 and Section 39-281 for construction of 12 single family homes generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED DANIEL SAWICKI, STIRLING, LLC., A FLORIDA LIMITED LIABILITY COMPANY (FOREST VIEW), FROM THE BROWARD COUNTY ZONING CODE, SECTION 39-81 AND SECTION 39-281; FOR PROPERTY GENERALLY LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 13 SEPTEMBER 23, 2003 CITY OF DANIA BEACH ® Corinne Church, Planner, advised that the applicant was requesting the following variances: 1) Reduction of the minimum plot size below 6,000 square feet (smallest lot is 5,277 sq. ft.); She explained that 9 of the 12 lots would be smaller than the required 6,000 sq. ft. because the proposed private road within the site would be curved in order to save as many existing oak trees as possible without relocating the trees. 2) Construction of an 8 foot wall at the front of the development (6 foot maximum allowed) The applicant is proposing a solid 8-foot wall, 21.5 linear feet in length at the entrance to the site where the sign would be located. The wall that would extend from the entrance sign would be 6 feet with a 2-foot decorative aluminum fence on top, making the overall height 8 feet. An 8-foot wall is inconsistent with a fence to the west of the adjacent synagogue and a wall on the south side of Stirling Road in Hollywood. Staff supports the variance for a 6-foot wall topped with a 2-foot high decorative aluminum fence (painted black). 3) A 4-foot landscape buffer along the west side property line (5-feet required). The reduced landscape buffer results from the existing tree location and the serpentine private road. The applicant is proposing to plant seven Sable Palms in order to visually buffer the new homes from the adjacent property, which is the synagogue. Staff supports the variance to allow existing trees to remain undisturbed. 4) Erection of a 32 sq. ft. temporary construction sign (16 sq. ft. maximum allowed) The applicant would like to provide a project description as well as a rendering on the sign. Staff supports the variance provided the applicant agrees to remove the sign prior to issuance of the last certificate of occupancy (C.O.). b) SP-37-03 — Request for Site Plan approval by Daniel Sawicki, Stirling, LLC, a Florida Limited Liability Company (Forest View), for construction of 12 single family homes generally located east of SW 351h Terrace and west of SW 35th Avenue along Stirling Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA LIMITED LIABILITY COMPANY (FOREST VIEW), FOR MINUTES 14 SEPTEMBER 23, 2003 CITY OF DANIA BEACH PROPERTY GENERALLY LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. The Planning & Zoning Board recommended approval of the site plan subject to the following: Minimum water main size supplying hydrants must be 8: with a 6" tap as required by the Fire Marshal Must provide a 7.5' clearance in front and to the sides of the fire hydrants as required by the Fire Marshal • Provide type "D" curbing on both sides of the private street or other suitable materials approved by the Public Services Director to protect the vegetation Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. HOA documents shall reflect that back yards shall be used for drainage Applicant shall erect no parking signs (fire lane) along the private road, if requested by the Fire Marshal Staff concurred with the Planning & Zoning Board recommendations, however, staff also recommends that the applicant identify the garages on floor plans as I '/2 car garages" and identify internal clear garage space (18' x 18') in the Home Owner Association (HOA) documents for purposes of disclosure. Mayor Anton opened the public hearing. Hearing no comments in favor or in opposition, the public hearing was closed. Pamela Mase, Architect, representing the applicant, concurred with the Planning & Zoning Board recommendations on the variances. She stated that the conditions of the site plan have been met with the exception of the 1'/2 car garage issue. She was confident that the homes were designed according to Code and that the garages were designed to accommodate two cars. In response to Commissioner Mikes, Director Leeds explained that one home would need to be eliminated in order to meet the required 6,000 square foot lot size and one home would have to be located closer to Stirling Road. Commissioner Mikes felt the project should be reduced by one home. In response to Commissioner Flury, Director Leeds advised that the average square footage of the single-family homes would be 2,600 square feet. He also advised that the density for the site was 5 dwelling units per acre, which would allow 13 units on the site. In response to Mayor Anton, Corinne Church explained that a straight road as opposed to a curved road could be constructed on the western property line MINUTES 15 SEPTEMBER 23, 2003 CITY OF DANIA BEACH which would allow more lot depth and increased lot sizes, however, more oak trees would have to be relocated. In response to Commissioner Flury, Corinne Church advised that 20 trees would be relocated and 74 trees would remain in their present location. In response to Commissioner Mikes' concern for the survival of the trees, Ms. Mase advised that her landscape architect met with the City's landscape architect and they were both comfortable that the trees could be located far enough from the roadway to survive. In response to Commissioner Chunn, Director Leeds advised that if one home was eliminated, the width of the garages could be expanded for the remaining 11 homes. Ms. Mase reminded the Commission that the allowable density for the proposed project was reduced by one unit in order to preserve the oak canopy and one extra parking space would be provided. Commissioner Flury commented on the beauty of the project, however, she felt that it was too tight on the site. The applicant was asked to submit a revised site plan with one less unit, to meet the 6,000 square foot designated minimum area, to reduce the height of the wall and to increase garage space. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to defer Item 9.5(a) and 9.5(b) to a date to be determined by Director Leeds. 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-53-03 — Request for Variance approval by Alberto Iriondo to waive the side and rear setbacks to build an addition (37'x15') to a duplex located at 101 SE 5 Street. A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY ALBERTO IRIONDO FROM CHAPTER 28 ZONING, ARTICLE 4.20 SCHEDULE OF LOT YARD AND BULK REGULATIONS FOR PROPERTY LOCATED AT 101 SE 5TH STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. MINUTES 16 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Director Leeds advised that the applicant was requesting the following variances: 1) To waive 10 feet of the required side setback to allow a 5-foot setback (15 feet required). The addition would provide the same setback along the west property line as the existing duplex. The vacant property to the west is undeveloped commercially zoned property. Staff recommends approval subject to verification that the building addition does not result in any decrease in pervious area. The applicant was also requesting to waive 5 feet of the required rear setback to allow a 10-foot setback (15 feet required). The proposed 10-foot rear yard setback would negatively impact adjacent properties and provide insufficient area for outdoor activities. Staff recommends denial. The Planning & Zoning Board recommended approval of both variances with the following conditions: • A pitched roof must be constructed on the new addition at a minimum of 3:12 slope • The applicant must remove the boat parked in the driveway within two weeks Director Leeds pointed out that the condition to remove the boat is not enforceable because it is allowed under the Dania Beach City Code. John Bartley, representing the applicant, requested approval of the variances. He advised that the boat has already been removed from the property. In response to Mayor Anton, Mr. Bartley advised that there was no alley in the back of the property, that the applicant lives in the rear unit of the duplex and it would not be converted into a triplex. Mr. Bartley advised that the addition would be constructed on an existing concrete slab and would not reduce any green space. Commissioner Mikes was concerned that the duplex could be converted into a triplex if the addition was built. City Attorney Ansbro advised that the owner could be required to sign a deed restriction allowing City staff access to both units on the property at any time with 24-hours notice. He explained that there would be an enforceable covenant stating that the property would have to be converted back to a duplex, and if not, the property would have to be vacated. If the owner does not comply, any legal fees would be placed on the property in the form of a lien. MINUTES 17 SEPTEMBER 23, 2003 CITY OF DANIA BEACH 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 Commissioner Flury, to adopt the resolution approving both variances subject to the following: ® A pitched roof must be constructed on the new addition at a minimum of 3:12 slope ® Verification that the building addition does not result in any decrease in pervious area • Acknowledgement by the owner to provide a deed restriction relating to entry into subject property at any time, with 24-hours notice, and the removal of the boat. The motion passed on the following 5/0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea — yes Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes - yes 9.7 VC-29-03 — A request by Craven Thompson & Associates, Inc., on behalf of Dania Distribution Center, to accept dedication of property for a right turn lane and corner cord for property generally located at the southwest corner of Dania Beach Boulevard and SW 12 Avenue Extended. RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE GRANTING OF EASEMENTS FROM DANIA DISTRIBUTION CENTRE, LTD., A FLORIDA LIMITED PARTNERSHIP FOR PROPERTY LOCATED BETWEEN WEST DANIA BEACH BOULEVARD AND SW 1ST STREET 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. Corinne Church, Planner, advised that the SW 12 Avenue road right-of-way, east of the site, was vacated on July 8. She explained that even though the right-of- way was vacated, Broward County would not approve the plat without the right- turn lane. The applicant is requesting that the City adopt the resolution accepting the granting of easement to establish a right-turn lane on the property. Mayor Anton opened the public hearing. Ed Plosky, Craven, Thompson & Associates, requested approval. Hearing no further comments, the public hearing was closed. • MINUTES 18 SEPTEMBER 23, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution. 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) (continued from 8/12/03) 9.8 Request by Reverend Austin, First Baptist Church of Dania Beach, for approval of a "Statement of No Objection" from the City to waive 10 feet of the Broward County Trafficway requirement associated with the construction of the church for property located at the northeast 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. Director Leeds advised that the Broward County Trafficways Plan is based on how much right-of-way is going to be needed for this roadway in 20 years. The Code requires a 48-foot setback from Sheridan Street for the project and the applicant is proposing a 38-foot setback. The item was deferred for comments from other agencies. The Director of Public Services has no objection to the waiver subject to a hold harmless agreement to insulate and protect the City from damages due a subsequent acquisition of the 10-foot waiver area. The proposed future widening of Sheridan Street would not affect the proposed project and would not impact the waiver. Director Sheridan advised that FDOT was in the process of finalizing the engineering for a resurfacing and drainage project on Sheridan Street. He explained that once the resurfacing project is done, it would be normal procedure for FDOT to place a 10-year moratorium on the roadway wherein no additional work would be done for 10 years. The project is scheduled to begin in 2005 with a completion date of 2007. In response to Mayor Anton, Director Sheridan stated that the church project should have no impact on the drainage along Sheridan Street because of its proximity to the existing roadway. Mayor Anton opened the public hearing. Hearing no comments in favor of or in opposition to, the public hearing was closed. MINUTES 19 SEPTEMBER 23, 2003 CITY OF DANIA BEACH City Attorney Ansbro advised that the applicant signed a recordable document that holds the City harmless and releases it from any claim of possible compensation to the church or any successor. He advised the applicant that the document must be recorded by his attorney, Mr. Ryan. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the request. 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 was pleased that funds raised by the United Way were put back into the community. He thanked Chief Cowart for the fine job he was doing for the City. 10.2 Commissioner Flury commented on a letter that was submitted asking the City to consider dedicating the fountain installed by the Dania Improvement Committee to the victims of 9-11. She asked the City Manager to obtain permission from the Dania Improvement Committee. Vice-Mayor McElyea expressed disappointment that Frank Hill, who was involved in the construction of the fountain, never got a thank you for his involvement. 10.3 Commissioner Mikes mentioned that a counter proposal from Harbour Towne was received. He stated that there was language in the original agreement, which makes it almost impossible to negotiate a future contract and asked the City Attorney to review it. City Attorney Ansbro suggested that all legal fees incurred with regard to negotiating the extension of the lease should be borne by Harbour Towne, not the City. He proposed that the City submit a new lease to Harbour Towne rather than allow Harbour Towne to submit a new lease to the City. Commissioner Mikes also suggested that one or two boat slips should be designated for use by the I. T. Parker Community Center for events such as fishing tournaments. 10.4 Vice-Mayor McElyea complained that BFI is leaving garbage cans in the middle of the alleys after dumping them. City Manager Pato was directed to contact BFI on the matter. Vice-Mayor McElyea suggested that the beach parking permits should only be $15 for senior citizens. He also pointed out that he was in favor of hiring an in-house attorney and asked that the matter be put back on the next agenda for discussion. MINUTES 20 SEPTEMBER 23, 2003 CITY OF DANIA BEACH • 10.5 Mayor Anton advised that residents observed surveyors on NW 10 Street and were told it was for the widening of New Griffin Road. He asked staff to investigate the matter. Director Mike Sheridan stated that the City has not been notified by the County or State of any widening project along Griffin Road, which is mandatory, but he will investigate the matter. At this time, City Manager Pato commented on some of the concerns mentioned by Commissioner Mikes with regard to the counter proposal submitted by Harbour Towne. He mentioned that the conversation with Harbour Towne was strictly about the numbers, nothing about any other conditions and Harbour Towne indicated that the proposal submitted by the City would be acceptable to them. He asked the Commission to give City Attorney Ansbro direction as to the legal issues that need to be cleaned up in the lease document. City Manager Pato also commented on the residential services for garbage pickup. In response to the questions asked by the Commission, he clarified that Waste Management was offering the City of Hallandale Beach a different proposal with a totally different set of reasons than what the City of Dania Beach was receiving. He also responded to the question raised whether Waste Management would be inclined to, with regard to hauling, consider reopening discussions during the 10 year extension, to make sure the rates are compatible. He was assured that Waste Management was prepared to accept a five-year extension with a five-year option, which would allow the opportunity to negotiate rates for hauling services, if necessary. He asked for Commission direction in the matter. The Commission generally agreed to have Waste Management prepare the necessary documents for review by the City Attorney and. City Manager and place the matter on the October 14, 2003, agenda for action. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 A request by Sylvia Sabrina Mitchell for issuance of a Palmistry/Fortuneteller business license for property located at 2511 Stirling Road. Director Leeds advised that the property is in the annexed area. The background check was prepared by B.S.O. and there was no indication of criminal activity or arrests. Staff had no objection to the issuance of a business license subject to payment of the appropriate fees. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the request. The motion passed on the following 5/0 roll call vote: • Commissioner Chunn — yes Vice-Mayor McElyea — yes MINUTES 21 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Commissioner Flury—yes Mayor Anton — yes Commissioner Mikes - yes 11.2 Discussion of changing Precinct 5S currently located at Olsen Middle School to the I.T. Parker Community Center. City Clerk Johnson advised that notification was received by the Supervisor of Elections Office indicating that the voting precinct located at Olsen Middle School does not meet ADA requirements. She asked the Commission to consider moving the precinct to the I.T. Parker Center, which does meet ADA requirements. She also advised that Olsen Middle School was trying to find another location at the school, which meets ADA requirements, to prevent the precinct from being moved. Vice-Mayor McElyea suggested that Director Johnson check with the Baptist Church on SW 7 Street and Federal Highway to see if they would consider allowing the precinct at their building. Mayor Anton mentioned the clubhouse at Meadowbrook Lakes South and suggested she contact them as well. It was the general consensus that the I.T. Parker Center would not be a good voting location for Precinct 5S. ITEM 11.3 WAS HEARD AFTER ITEM 6.4 11.3 Discussion and possible action on the following requests by Don Drybread d/b/a Santa's Magical Village: a) Approval to operate a temporary carnival on property located to the north of Springhill Suites Hotel for Halloween 2003; b) Approval to operate a temporary carnival on property located to the north of Springhill Suites Hotel for Christmas 2003; c) Authorization to leave Christmas tree throughout Christmas event. Laurence Leeds, Community Development Director, advised that Code Enforcement cited the property owner because the applicant placed materials, equipment and trailers onto the site without the required approvals from the City. He advised that the Fire Department does not support approval of the carnival due to the lack of compliance with statutory requirements intended to protect the health, safety and welfare of employees and customers. The Chief of Police deferred his recommendation to the Fire Department due to the public safety concerns. The Community Development Department recommends denial of all three requests, based on the recommendation of the Police Chief in conjunction with the comments, concerns and recommendation of the Fire Department. Fire Marshal Ed Tarmey gave a brief power point presentation showing some of the violations from the carnival last year and mentioned that the majority of the MINUTES 22 SEPTEMBER 23, 2003 CITY OF DANIA BEACH violations were electrical issues. He showed pictures of the trailers that were placed on the site as well as some of the work done in August without approval by the City. Chief Land advised that he met with Mr. Drybread and one of his consultants and Mr. Drybread assured him that nothing would be done or placed on the site until the proper permits were obtained. Chief Land advised that 19 trailers have already been placed on the site without permission. He also advised that there have been at least two fatalities at the site in past years. Chief Land could not assure the Commission that his department could keep the site safe. Attorney Jim Brady, representing Mr. Drybread, felt that staff painted a story of horrors that needed to be reviewed in the context of certain realities. He confirmed that there were violations last year, however, they were corrected prior to opening to the public. He also confirmed that a worker was crushed last year when unloading a ride and it was a terrible thing, but accidents happen when dealing with heavy equipment. He pointed out that carnivals are traditional events that provide an admired use to the community and asked for approval of all three requests. Mr. Don Drybread, applicant, pointed out that the property will remain vacant until somebody develops it. He advised that he removed the overgrowth and cleaned up the site, and he also placed a fence around it, which keeps trash from being dumped on the site. He also had lights installed on the site which stay on at night. He handed out a booklet addressing the concerns pointed out by staff. He advised that the violations from last year occurred over 4 days prior to opening to the public and were corrected. His desire was to work with the City to resolve all their concerns. Attorney Brady suggested that a fire watch system be adopted wherein certified firefighters would be on site to perform minute-by-minute inspections and watch for opportunities of danger so that they can be corrected immediately. Director Leeds mentioned an additional concern that it was the intent of the applicant to use two parcels of vacant land for parking which the City has no evidence of permission, nor does staff know if the parcels are suitable for parking. Fire Marshal Ed Tarmey mentioned an additional concern that rides and/or concessions are added to the site after inspections are complete and the carnival is approved to open, which cause an excessive workload on the Fire Prevention Bureau. Fire Marshal Tarmey felt that the overall quality of the carnival was poor and dangerous. Commissioner Mikes agreed with the Fire Marshal and was opposed to MINUTES 23 SEPTEMBER 23, 2003 CITY OF DANIA BEACH approving the requests. Commissioner Flury commented that she was a major supporter of the Magical Village but felt that she should follow the recommendation of Staff and the Fire Department and deny the requests due to the public safety concerns. Commissioner Chunn had a great deal of respect for Mr. Drybread, but felt that he should support the recommendations of Staff and the Fire Department and deny the requests. Vice-Mayor McElyea stated that he always enjoyed visiting the Magical Village, but also felt that he should support the recommendations of Staff and the Fire Department and deny the requests. Mayor Anton concurred with the other Commissioners and supported the recommendations of Staff and the Fire Department. Attorney Brady agreed that last year's carnival operator had a greater than average number of problems. He advised that his client contracted with a different carnival operator this year with new rides, new electrical systems and new silent generators. Mayor Anton clarified that they must convince the Fire Department, Community Development and B.S.O. that all Codes have been met before any support would be received from the Commission. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to deny Item 11.3 (a) (approval to operate a temporary carnival for Halloween 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 A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to deny Item 11.3 (b) (approval to operate a temporary carnival for Christmas 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 A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to deny Item 11.3 (c) (request to leave Christmas tree up throughout Christmas event). The motion passed on the following 5/0 roll call vote: • MINUTES 24 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Commissioner Chunn — yes Vice-Mayor McElyea — yes Commissioner Flury — yes Mayor Anton — yes Commissioner Mikes —yes THE CONSENT AGENDA WAS HEARD AFTER ITEM 11.3 12. APPOINTMENTS: (SEE ITEMS 12.1, 12.4 & 12.5) 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 A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Commissioner Chunn appointed Tony Moultry. 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; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 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 A MEMBER TO THE "MARINE 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 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". Commissioner Mikes asked City Clerk Johnson to contact Patricia Tyra to see if she would be interested in being appointed to the Parks & Recreation Board. 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". MINUTES 25 SEPTEMBER 23, 2003 CITY OF DANIA BEACH Upon the recommendation of Ken Koch, Building Official, Jack Mitchell was appointed to the Unsafe Structures Board. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Flury, to adopt all resolutions affirming all appointments. The motion was approved 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 had no comments 13.2 City Attorney had no comments 13.3 City Clerk — Meeting Reminder: September 24, 2003 —7:00 p.m.- Final Budget Hearing FY 03/04 October 2, 2003 — 7:00 p.m.- Charter Review Board October 14, 2003 - 7:00 p.m.- Regular Meeting October 16, 2003 - 7:00 p.m.- Charter Review Board October 28, 2003 - 7:00 p.m. - Regular Meeting • 14. ADJOURNMENT The meeting adjourned at 11:05 p.m. Aht��� ATTEST: B b Anton Mayor— Com issioner Miriam Nasser Acting City Clerk Respectfully submitted by Nanci Denny Approved: February 24, 2004 MINUTES 26 SEPTEMBER 23, 2003 CITY OF DANIA BEACH