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HomeMy WebLinkAbout2003-10-14 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING OCTOBER 14, 2003 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:05 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Gregory Pope, Bethel 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 on Homestead Exemption, by William D. Spiker, Southeast Regional Director, Broward County Property Appraisers Office. William D. Spiker, Southeast Regional Director Broward County Property Appraiser" Office, thanked the Commission for allowing the Property Appraiser's Office to present Homestead Exemption applications to the public in the atrium at City Hall. He indicated the dates this service would be available: October 15, November 19, December 17 2003, January 21, and February 18, 2004, from 4:00 to 6:00 pm. He invited the public to call his office at (954) 831- 0425 for questions. 4.2 Request by Frank Nieves, President, Puerto Rican Chamber of Commerce of Broward County, to conduct a trade show and festival at Boomers/Grand Prix Complex, from October 30 through November 2, 2003. Laurence Leeds, Director of Community Development, referred to backup materials, which included a staff report that addressed special event requests and a letter from the Police Chief indicating the required security off-duty police. He detailed the number of deputies that would be needed each day for this event and added that the application for fire rescue services for the special event was completed by the applicant. He spoke of the number of parking spaces that would be needed and pointed out that there would not be enough parking spaces for the Boomers/Grand Prix operation and the festival scheduled the Friday and Saturday evenings of the event. The shortfall in parking would range from 125 to 500 spaces. The applicant had offered to provide supplemental parking under the Florida Power and Light high tension wires MINUTES 1 OCTOBER 14, 2003 CITY OF DANIA BEACH directly north of the site, but the Fire Department did not support this as the area was not conducive. Frank Nieves, President, Puerto Rican Chamber of Commerce of Broward County, deferred to Daniel Paris, representing Boomers, to address the parking issue. Mr. Paris presented a site plan of the Boomers facility and an engineer's report, which indicated that additional parking was allowed under the Florida Power and Light high-tension wires. He indicated that they would prepare the land to make it suitable for parking, employ parking attendants and post signs. He stated that Boomers owned the land and it was approved for parking under the site plan. Mr. Leeds stated that the site plan indicated the land would be graded and paved for permanent parking, but the plan had not been put into place, nor was it approved. He reiterated that the bigger issue was that the Fire Department had concerns with using the area in question for supplemental parking. Commissioner Mikes questioned the serving of alcoholic beverages. Mr. Nieves indicated that beer and pina coladas would be served, as they were traditional Puerto Rican drinks. He stated the alcohol sales would cease one hour before the end of the event. Commissioner Mikes referred to a recent event at the DCOTA that drew complaints, and asked how many people attended that event. Mr. Leeds indicated that the complaints were due to the noise and the event had extended to 2:00 am, at which time the Broward Sheriff's office closed down the operation. He did not know if alcoholic beverages were served at that event. Mr. Nieves assured the Commission if there were complaints, the music would be lowered or shut down. • Commissioner Chunn asked if the parking area was appropriately prepared, would the Fire Chief then be willing to allow parking in the supplemental area. Mr. Leeds indicated that if the Fire Chief approved, he would not object. Mr. Paris indicated that other than the appearance of the property, the land was prepared for parking. Vice-Mayor McElyea asked if the property was owned or leased by Boomers. Mr. Paris confirmed that Boomers owned the property. Commissioner Flury asked if the 3000-5000 anticipated attendees would be throughout the event or on any given day of the event. Mr. Nieves clarified that the 3000-5000 attendees would be at peak time on any given day, not overall. Fire Chief Land commented on the supplemental parking area, stating that the land was overgrown and there was no lighting. Also, there was no grid for parking and rescue or fire trucks would not have appropriate access. He also was concerned with the possibility of having to fight a fire under the high-tension wires. He was not sure if these concerns could be rectified. Vice-Mayor McElyea felt Florida Power and Light should be contacted regarding the ownership of the property. He recommended that the applicants speak with the Miccosoukee Indians regarding the possibility of parking on their property. Commissioner Mikes asked Fire Chief Land if additional paramedics should be hired by the applicant for the event. Fire Chief Land agreed. Mr. Leeds indicated that the applicant agreed to provide a special detail, including deputies and paramedics. City Attorney Ansbro stated that this could be a condition of approval. Commissioner Mikes asked if the City would have any liability or if it would be covered by Boomers. City Attorney Ansbro stated Boomers would be liable and this could be a condition of approval. MINUTES 2 OCTOBER 14, 2003 CITY OF DANIA BEACH Samuel Lopez, counsel for the Puerto Rican Chamber of Commerce, indicated there was an alternative for 135 parking spaces along the "Tigertail adjacent arcade." He clarified that there was no issue of parking because of this alternative, even if the Commission did not approve the supplemental parking under the Florida Power and Light high-tension wires. Commissioner Mikes felt that public safety was paramount. City Attorney Ansbro recommended the City of Dania Beach be named as an additional insured by Boomers and the Puerto Rican Chamber of Commerce. Mr. Lopez indicated this was a family event and hoped the City would participate. Commissioner Mikes stated this event was for a particular sector of the community and further stated that he would not support alcoholic beverages being served at a community event. Mr. Nieves indicated that the City of Dania Beach could be added to the insurance policy. He reiterated that parking attendants would be on site and there would be no problem complying with Fire Chief Land's accessibility concerns. City Attorney Ansbro requested a "hold harmless" from both the Puerto Rican Chamber of Commerce and from Boomers for the City of Dania Beach. Mr. Nieves advised that the same event was held in the City of Pembroke Pines and no problems were encountered. Also, insurance was provided and was purchased annually specifically for this event. Commissioner Chunn supported the application if all conditions were met as per City Attorney Ansbro, Fire Chief Land, and Mr. Leeds. Mr. Leeds indicated that the alternative parking did not meet code requirements. He summarized conditions: proof of ownership for the FPL area; . approval of Fire Rescue Department to include minimum fire rescue detail requirements and meeting fire department criteria for supplemental parking; and hold harmless agreements from Boomers and the "festival" and compliance with insurance requirements to meet the requirements of the City Attorney. Commissioner Flury asked if Mr. Leeds would be satisfied if the conditions were met. Mr. Leeds indicated in the affirmative. Mayor Anton asked if Chief Gallagher was satisfied with the security requirements. He also asked if there was an overflow problem with parking, would there be a problem with adding additional staffing. Chief Gallagher was confident that there would be no impact on the citizens based on the level of service they were receiving and parking would not be an issue. Chief Land_requested additional lighting. Commissioner Mikes asked who would be responsible for cleaning up the parking area after the event. Mr. Nieves indicated that a company was hired to do clean up ongoing. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve the special event subject to the following conditions presented by Director Leeds: 1) Applicant providing proof of ownership for the FPL area; 2) Applicant obtaining approval from the Fire Rescue Department for the inclusion of a minimum fire rescue detail as required; 3) Applicant meeting fire department criteria for supplemental parking; 4) Applicant providing City with hold harmless agreements from Boomers and the "festival" and compliance with insurance requirements as stated by City Attorney. The motion passed on the following 5-0 roll call vote: • Commissioner Chunn --yes Vice-Mayor McElyea—yes MINUTES 3 OCTOBER 14, 2003 CITY OF DANIA BEACH Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes 4.3 Presentation by Russ Klenet and Representative Ron Greenstein of a check from the South Florida Water Management District in the amount of $200,000 for the dredging of the Dania Cut-Off Canal and Finger Canals. Russ Klenet commended those involved in procuring a grant for the City of Dania Beach. He introduced State Representative Greenstein, who supported the procurement of the grant. Representative Greenstein addressed the Commission and commented on funding that was available from the South Florida Water Management District to protect inland waterways. Frank Bernadino, Director of Legislative Affairs for the South Florida Water Management District, stated they were pleased to present this funding to the City of Dania Beach. 4.4 Special recognition to Private First Class Junior Tellfort, Alpha Company First 124`d Florida National Guard 53d Infantry Brigade. (Mary McDonald-Director of Human Resources and Risk Management) Director McDonald welcomed back Private First Class Junior Telfort, a City employee, who was on active duty in Iraq. Mr. Telfort was presented with a token of appreciation. Commissioner Chunn thanked Mr. Telfort and all men and women fighting for freedom. Vice- Mayor McElyea thanked Mr. Telfort for his efforts. Mayor Anton thanked Ms. McDonald for bringing this type of recognition forward. Mayor Anton advised that item 4.5, a presentation from the Airport Advisory Committee by Jay Field, was added to the agenda. 4.5 Jay Field, Chairperson of the Dania Beach Airport Advisory Committee, gave a Powerpoint presentation, which showed the different runway alternatives that were going to be set within the next month. He indicated that a decision by the Broward County Commission would be made sometime in December. Mr. Field asked citizens of Dania Beach to get involved, as the expansion would impact portions of the City, including the loss of homes and additional noise. Mayor Anton reiterated that it was extremely important that citizens get involved by attending Commission meetings, sending letters to Broward County Commissioners, and sending letters to the local newspapers. Commissioner Mikes spoke of the history of the expansion and stated that residents did not think the right alternative had been selected. He felt there was an incentive for the County to force residential condemnation for seaport use, free trade zone, or further airport development. He stated the south runway could cost $750 million and the federal government was only contributing $200 million. He cautioned that taxes and fares would increase. He felt the City always needed to have the best legal team to protect the interests of its citizens because the City of Dania Beach was most at risk. 5. PROCLAMATIONS: 5.1 Proclamation declaring October 17, 2003, as "A Day of Recognition of Dr. Willis MINUTES 4 OCTOBER 14, 2003 CITY OF DANIA BEACH Holcombe" in the City of Dania Beach. Mayor Anton declared October 17, 2003 as a Day of Recognition of Dr. Willis Holcombe in the City of Dania Beach. 5.2 Proclamation declaring the month of November, as "National Epilepsy Awareness Month" in the City of Dania Beach. Mayor Anton declared the month of November as National Epilepsy Awareness Month in the City of Dania Beach. ITEM 11.2 WAS HEARD AFTER ITEM 5.2. 6. CITIZENS' COMMENTS: 6.1 Bob Adams thanked Mayor Anton and the Commission, and all of those who showed their support due to his recent firing by Miriam Oliphant, Broward County Supervisor of Elections. 6.2 Charlene Scalese referred to item 7.5 and asked if the original specs for the pool were followed, why was it necessary for a second pool to be built? She felt that the project and grant managers should have followed the plan as it was set forth and she was dismayed that residents had to pay an additional $59,000. • 6.3 George Jason, 4549 SW 37 Avenue, referred to the closing of Dania United Methodist Church, which was originally organized in 1905 and clearly represented the history of the City of Dania Beach. He indicated that the Methodist leaders and the pastor were closing the church because there was not enough membership. He felt they were not offering leadership and support to the congregation to help promote the church staying open. He stated that the site could not be declared historic because the last building addition was built in 1966 and he urged residents to support the church. ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER MIKES PULLED ITEMS 7.6 & 7.7. MAYOR ANTON PULLED ITEM 7.9 7. CONSENT AGENDA(INCLUDING EXPENDITURES): 7.1 Minutes: Approval of minutes for Regular Meeting of August 12, 2003. Approval of minutes for Regular Meeting of September 9, 2003. 7.2 Travel Expenditures: Request by Building Official Ken Koch, to attend Construction Industry Conflict Resolution Conference in Chicago, IL., November 13-14, 2003 (Estimated total cost: $716.00) 7.3 Bills: NONE Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO MINUTES 5 OCTOBER 14, 2003 CITY OF DANIA BEACH • BE ENTERED INTO BETWEEN THE CLERK OF COURTS (SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA) AND THE CITY OF DANIA BEACH TO PROVIDE FOR THE ADMINISTRATIVE PROCESSING BY THE CLERK OF COURTS OF PARKING CITATIONS (TICKETS) ISSUED BY THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AMENDED EXHIBIT "B" GRANT PROJECT DESCRIPTION OF THE BROWARD COUNTY SWIM CENTRAL GRANT PROGRAM AGREEMENT FOR THE PATRICK J. MELI AQUATIC COMPLEX, TO AMEND THE TOTAL COST OF THE PROJECT FROM $1,172,080.00 TO $1,231,465.00; APPROVING A PROPOSAL BY COASTAL CONTRACTING AND DEVELOPMENT INC. TO CONSTRUCT A 36' BY 18' BY 3' DEEP POOL IN THE AMOUNT OF $59,385.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FUNDING IN THE AMOUNT OF $59,385.00 FROM CITY RECREATION IMPACT FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —Title to be read by City Attorney— 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33. "SCHEDULE OF CHARGES," TO PROVIDE FOR A SENIOR CITIZEN RATE OF TWENTY DOLLARS ($20.00) FOR PARKING PERMITS; PROVIDING FOR DISPLAY REQUIREMENTS OF PERMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, • PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 26, "VEGETATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTIONS 26-51 AND 26-52 TO PROVIDE PERIMETER LANDSCAPING REQUIREMENTS FOR AREAS ABUTTING ROADWAYS WHICH AREAS LIE WITHIN AND OUTSIDE OF THE AREA DESIGNATED AS THE "LOCAL ACTIVITY CENTER"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance titles for Items 7.8 & 7.10 A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to approve the Consent Agenda with the exception of Items 7.6, 7.7, & 7.9. The motion passed on the following 5-0 roll call vote: Commissioner Chunn --yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes ITEMS PULLED FROM THE CONSENT AGENDA 7.6 a) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THOMAS J. ANSBRO TO PROVIDE LEGAL SERVICES AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN MINUTES 6 OCTOBER 14, 2003 CITY OF DANIA BEACH • EFFECTIVE DATE. b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF DANIA BEACH AND WEISS, SEROTA, HELFMAN, PASTORIZA, GUEDES, COLE & BONISKE, P.A. TO PROVIDE LEGAL SERVICES AS "SPECIAL CITY ATTORNEYS"' PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes did not agree with this resolution. He felt that an in-house attorney could not handle the many specialized issues that the City faced and although it was being presented as cost effective to the residents, it was not the case. He felt that an in-house attorney would allow for decisions to be made "behind closed doors." He strongly felt that the attorney representing the City should be separated from Commission influence so that there would be no political pressure. He felt the City needed the best legal representation possible and felt that specialists should be utilized rather than an in-house attorney. He stated that he would not approve this resolution. Commissioner Flury indicated that she had worked with in-house attorneys and with firms and her experience was that an in-house attorney gave a better level of service. She felt that cost savings would be realized over time and supported this resolution. Mayor Anton asked if part (b) of the resolution restricted the City from using other legal counsel. City Attorney Ansbro advised that the Commission was free to hire any legal counsel as needed. Mayor Anton asked if the pricing was the same. City Attorney Ansbro indicated in the . affirmative. Mayor Anton mentioned his support for this resolution and thought that political pressure would be alleviated with an in-house attorney. He stated it was the Commission's responsibility to insure there was no political pressure imposed on the City Attorney and his only concern was that the salary was at a higher scale than other department directors who were at a lower scale. Commissioner Mikes referred to liability insurance in case the attorney did something wrong. City Attorney Ansbro reported that other cities did not have malpractice insurance for in-house attorneys, but coverage was available. Commissioner Mikes was concerned because outside firms did provide malpractice insurance and without it this Commission and future Commissions were at risk. Commissioner Chunn spoke of personal experience where "despicable" things had been done and said to him. He was not in favor of this resolution, but assured City Attorney Ansbro that it was not a personal issue and praised him for his dedication to the City. Vice-Mayor McElyea felt there were benefits to having an in-house attorney, including accessibility to advice and proximity. He felt the Commission should approve and if it did not work out, they could change it at a future date. A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to adopt the resolution (Item 7.6(a)). The motion passed on the following 3-2 roll call vote: ® Commissioner Chunn -- no Vice-Mayor McElyea —yes MINUTES 7 OCTOBER 14, 2003 CITY OF DANIA BEACH • Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes — no A motion was made by Vice-Mayor McElyea, seconded by Commissioner Flury, to adopt the resolution (Item 7.6(b)). City Clerk Johnson asked when this would be effective. City Attorney Ansbro indicated the timeline was spelled out in the resolution as January 2004. The motion passed on the following 3-2 roll call vote: Commissioner Chunn -- no Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes — no 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FOLLOWING DOCUMENTS: 1) AN "AGREEMENT TO EXTEND HAULING CONTRACT AND TERMINATE SWDA" (WITH REUTER RECYCLING OF FLORIDA, INC. AND WASTE MANAGEMENT, INC. OF FLORIDA); 2) A "SECOND AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT" (WITH WASTE MANAGEMENT, INC. OF FLORIDA); 3) A "DISPOSAL AGREEMENT" WITH REUTER RECYCLING OF FLORIDA, INC. AND 4) A "GENERAL RELEASE BY THE CITY OF DANIA BEACH, FLORIDA", • TO BE GIVEN TO REUTER RECYCLING OF FLORIDA, INC. AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney read the resolution by title. Commissioner Mikes asked Mr. Pato who on staff had reviewed this document. Mr. Pato indicated that the document was reviewed by the finance department, the City Attorney, the Public Works Director, and himself. Commissioner Mikes suggested adding signed off comment sheets from staff confirming their review on issues like this so that it can be included in the back up in the future. City Attorney Ansbro confirmed that he reviewed the document thoroughly and had no concerns. Mayor Anton asked if this was the same agreement that the City of Pompano agreed to and other cities were part of. City Attorney Ansbro replied affirmatively, indicating that the City of Pompano Beach had settled separately in April 2003. The Cities of Dania Beach, Hallandale Beach and Pembroke Pines had not yet settled. The City of Dania Beach was the second to consider and he pointed out that the numbers were dramatically different than those of the City of Pompano Beach because of the difference in size. He clarified that the City of Dania Beach was settling for what was expected to be awarded at arbitration. Mayor Anton thanked Director Varney for researching this issue and finding that the fees were lower than Dade County. Commissioner Mikes thought that language in the Code should be amended to include public notice, especially on significant financial settlements. City Attorney indicated these changes could be made by ordinance. MINUTES 8 OCTOBER 14, 2003 CITY OF DANIA BEACH • A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt the resolution (Item 7.7). City Clerk Johnson asked when this would be effective. City Attorney Ansbro indicated the timeline was spelled out in the resolution as January 2004. 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 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE 29, "PERVIOUS AND IMPERVIOUS AREAS", OF CHAPTER 28 ("ZONING') OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 29.10, "IMPERVIOUS LAND AREA REQUIREMENTS", TO REVISE THE SECTION TO INCLUDE STANDARDS FOR USES WITHIN THE AREA OF THE CITY DESIGNATED AS A "LOCAL ACTIVITY CENTER"; PROVIDING FOR DRAINAGE MITIGATION MEASURES TO BE UNDERTAKEN BEFORE A WAIVER FROM THE SPECIFIED REQUIREMENTS CAN BE GRANTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • City Attorney Ansbro read the ordinance by title. Community Development Director Leeds explained the purpose of the ordinance. He reviewed the text amendments and told how the Planning and Zoning Board voted. Mayor Anton was concerned that quality development that the City was trying to attract might be compromised because of a more stringent code than neighboring cities. Commissioner Mikes spoke of odd property shapes and the resulting issues with parking. He felt that many parcels were not buildable and the result was that other sites became more dense. He was concerned that allowing less pervious areas in downtown would cause additional flooding along the US 1 corridor. He felt that developers should build more quality projects with high-end housing rather than mediocre developments. In response to Commissioner Mikes, Mr. Leeds spoke of the improvement in development over the last few years. He clarified that affordable housing did not mean cheap housing. He advised that the waiver provision could be kept in the downtown area, and variances could be requested as needed. He felt that the City of Dania Beach should not be offering incentives to developers because of the excellent location and high demand. He felt that waivers were a better answer to this issue than variances. Mayor Anton indicated that he did support 50% pervious, as it would make it too difficult on developers and might deter them. . Commissioner Flury indicated that she could not support the 50 % pervious at this time. MINUTES 9 OCTOBER 14, 2003 CITY OF DANIA BEACH • A motion was made by Mayor Anton, seconded by Commissioner Chunn, to adopt the Ordinance (Item 7.9) on first reading with a change from 50% to 40% on the pervious area. City Attorney Ansbro clarified that the motion was to approve the ordinance as submitted with the exception that the pervious area would stay at 40 percent instead of 50 percent. In response to Commissioner Mikes, City Attorney Ansbro clarified that the downtown area would stay at 30 percent, but it would allow the applicant to request a waiver for as low as 15 percent, and this would only be granted at the Commission's discretion. He also clarified that currently the pervious area could be dropped to zero by variance. Commissioner Mikes was still concerned there would be less green space in the downtown area. The motion passed on the following 4-1 roll call vote: Commissioner Chunn --yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes — no 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: Continued from September 23, 2003 Commission Meeting 9.1 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 351h 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. 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 35th 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 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 10 OCTOBER 14, 2003 CITY OF DANIA BEACH Applicant has requested the above items to be continued to October 28th Commission meeting. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to continue item 9.1 until October 28, 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 9.2 ZA-74-03 — A request by Stephen K. Tilbrook, Esq, representing South Florida Sports Committee, appealing the Community Development Director's determination that Air Dania Motocross Park is not a permitted use in an IROM Zoning District. Property located at 2600 SW 36th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY STEVEN K. TILBROOK, ESQ. REPRESENTING SOUTH FLORIDA SPORTS COMMITTEE, FOR PROPERTY LOCATED AT 2600 SW 36T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro swore in the witnesses and asked Commission to make • disclosures. The Resolution title was read by City Attorney Ansbro. Laurence Leeds explained the three conditions of the Resolution. He stated that he did not support an additional six months for the temporary use permit unless the Commission and City Attorney were satisfied that Condition 3 was addressed, which was that there would be no mingling of ground water with surface water. Steve Tillbrook, Shutts and Bowen, P.A., representing the applicant, thanked Mr. Leeds for his diligence in.working with his client. He explained the site and addressed the environmental condition of the property, which had been greatly improved over the past ten years. He advised that there was no co-mingling of the ground water and surface water. He reported that the site was strictly on City water and there were no wells permitted on site. He asked for consideration to continue motorcross use on site. In response to Commissioner Mikes question, Attorney Tillbrook explained that the South Florida Sports Committee was a corporation and Brian Pennick was the president. Commissioner Mikes was concerned that this project had gone on for 13 years and there were still Porto Potties on site. Attorney Tillbrook advised that sanitary facilities were presented as a condition last year. Commissioner Mikes spoke of the original approvals that represented to the City that there would be construction of permanent sanitary facilities. Mr. Tillbrook commented that this extension was to bring the property up to useful condition so that the real estate transaction could be completed. He assured the Commission that his client would not return in six months, as the deal would be completed. MINUTES 11 OCTOBER 14, 2003 CITY OF DANIA BEACH Commissioner Flury asked the number of times the applicant had asked for an extension. Mr. Leeds indicated at least seven times. Commissioner Flury stated the applicant had broken their promise of last hearing where they said they would not be back before the Commission. She felt this had to come to a conclusion and stated she would not support the extension. Mayor Anton opened the public hearing. Bill Hyde, 2379 Ardley Street, Olvido, Florida, former City of Dania Beach Commissioner; spoke of the history of this project and supported one last extension. Tom Laubenthal, Plantation resident, landscape architect, representing the project and one of the owners of the South Florida Sports Committee, spoke of the history of the clean up for the site. He indicated that one of the original conditions was to have the applicant return to the Commission until it was improved. He spoke of the horrendous condition of the site and how much time and energy was put into the cleanup. He also spoke of the benefits to the City including employment opportunities for young people. He assured that all monies made on the property were put directly back into the cleanup project. He implored the Commission to approve because the developer was anxious to bring a quality project to the site. Herbie Done, Miami Shores, commented that he was the oldest rider on the motorcross track. He spoke of his grandchildren who were now participating in the sport and how the sport has helped them to raise self-esteem. Seeing no others, Mayor Anton closed the public hearing. In response to Commissioner Chunn's question, Mr. Laubenthal indicated the cleanup would be completed in six months as the closing was scheduled at that time. He further explained that this was a federal grant process. Mr. Tillbrook confirmed there would be no more motorcross activity in six months and the goal was to have the closing within the next six months. He expected to meet with Mr. Leeds regarding site plan within the next few weeks. Commissioner Mikes wanted to know who the South Florida Sports Committee was so it would be clear as to who would be responsible. Mr. Laubenthal indicated that he was a partner with Mr. Brian Pennick, who was the majority shareholder. He replied to Commissioner Mikes question regarding litigation in the past and Mr. Laubenthal explained the history, indicating that it had nothing to do with the City of Dania Beach. At this time, discussion continued on a motion made by Commissioner Chunn to adopt the resolution (ZA-74-03): Commissioner Chunn indicated that he would approve if the City Attorney and Mr. Leeds agreed. He wanted a guarantee that the applicant would not return for an additional extension in the future. Mr. Laubenthal promised that he would not return for further extension. City Attorney Ansbro clarified that Mr. Laubenthal is representing that no other lawyer representing this applicant or other representatives would come before the Commission. City Attorney Ansbro swore in Mr. Pennick. MINUTES 12 OCTOBER 14, 2003 CITY OF DANIA BEACH Brian Pennick, 7041 NW 40 Court, Coral Springs, told the Commission "he would not be back here " for an extension. Commissioner Flury clarified that Mr. Leeds would not be allowed to accept an application from anyone regarding this property. Mr. Laubenthal indicated that wells were not permitted in the area. He offered to provide tests that showed the water to be cleaner than City water. He confirmed that surface and lake water was the only water used and there were no wells. Mr. Leeds wanted confirmation from the consultant from Envirodyne that there were no contaminants and no risks for users of the motorcross field. Scott Wiedmeyer, representing Envirodyne swore there was no cadmium in the southwest pond. He indicated there was iron in the ground water, but not in the southwest pond. There has never been a problem with petroleum products, including benzine, on the property. He stated that any contaminants under ground would not percolate to the surface based on the motorcross use. Mr. Wiedmeyer stated his credentials for the record. City Attorney Ansbro requested that a letter be written confirming Mr. Wiedmeyer's testimony and that it be countersigned by Mr. Joe Pike, the principal of Envirodyne and received in two days from this meeting. The motion made by Commissioner Chunn, seconded by Vice-Mayor McElyea, was approved ® to adopt the Resolution (ZA-74-03) with the following conditions: (1) Envirodyne will provide a letter to the City, within two days, confirming that there are no contaminants and no risks for users of the motorcross track; (2) The applicant understands that no further application would be presented to Director Leeds for continued motorcross use at the site. The motion passed on the following 3-1 roll call vote: Commissioner Chunn --yes Vice-Mayor McElyea —yes Commissioner Flury— no Mayor Anton —yes Commissioner Mikes —absent at the time of the vote 9.3 SP-41-03 — A Site Plan modification request by Robert Johns, on behalf of Guardian American Development Co., LLC., requesting modification of the perimeter wall height for a project known as the Bridgewater Estate Homes. Property located at 3057 SW 45'h Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN 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 30T" AVENUE AND EAST OF SW 30T" WAY, DANIA BEACH, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. At this time, City Attorney Ansbro advised that the rest of the items under the Public Hearing ® section are Quasi-judicial matters and that all witnesses wishing to speak must be sworn in and MINUTES 13 OCTOBER 14, 2003 CITY OF DANIA BEACH that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the requests. The Site Plan request was read by City Attorney Ansbro. Corinne Church, AICP, Principal Planner, presented the request and explained the elevation concerns. Tom Laubenthal, Landscape Architect for the project, spoke of State and City mandates regarding wall heights. He described the project and stated that the Commission was not in the position to change the height of the wall, which must be 42 inches. He indicated that the wall was necessary to keep all water on site and it must comply to the Life Safety Code. He stated that the difference between the five and six foot wall was inconsequential and added that the landscape design met City Code. Mayor Anton disclosed that he met with representatives from Guardian. Mayor Anton opened the public hearing. Jay Field advised that he lived next to the property in question. He asked where the baseline for the five-foot wall was in comparison to the road and the south property line. Mr. Laubenthal explained the baseline met the sidewalk that was being built on 45 Street. He further stated the sidewalk would be a little higher than the crown of the road. ® City Attorney Ansbro advised the Commission to specify that the cornices will be an additional six inches above the height of the wall, if they were going to approve. Mr. Field felt the City should declare a moratorium against walled-in communities. He felt that the walls did not provide any more security than other residential areas without walls. Seeing no others, Mayor Anton closed public hearing. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to adopt the resolution (SP-41-03) with the following conditions: the six foot wall along the west lot line with the six inch cornice on top and maintain the 5 foot wall with a six inch cap along the south lot line. 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: Commissioner Chunn referred to conversation with City Manager Pato regarding contacting Jacksonville about the redevelopment program they had there. City Manager Pato indicated that attempts were made, but phone calls were not returned. MINUTES 14 OCTOBER 14, 2003 CITY OF DANIA BEACH ® Commissioner Chunn spoke with Mayor Naugle of Fort Lauderdale regarding programs they had in place and how grants were acquired to enhance their neighborhoods. City Manager Pato spoke of grant opportunities the City was pursuing. 10.2 Commissioner Flury had no comments. 10.3 Commissioner Mikes credited Mr. Bengie Blumberg for assisting with the $200,000 check from South Florida Water Management District. He also mentioned that he spoke with the Conference Coordinator of NOISE, an organization for cities affected by airport noise. He reported that the organization was looking for a site for their 2004 conference. The Commission agreed to invite NOISE to the City of Dania Beach for their next conference. Commissioner Mikes welcomed Mr. Ansbro as City Attorney. Vice-Mayor McElyea spoke of the closing of the Methodist Church, stating he wanted it to succeed. He thought that the City and the County might wish to consider purchasing the building for a library extension, the Dania Historical Society, or as an event hall. Vice-Mayor McElyea asked Kristen Jones, Parks & Recreation Director, about concerns at the car show at the beach where vendors were not allowed to sell items other than car related. Director Jones replied that only car-related items could be sold, as per the Commission. She would research the problems. Commissioner Flury felt that the car show was so large it needed a coordinator. Commissioner McElyea recommended that residents with boats join Towboat USA as ® recommended to him by Mayor Anton. 10.5 Mayor Anton had no comments. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 SR-66-03 — Special request by John Walks, on behalf of Players Restaurant and Lounge, for City Commission approval of outdoor patio seating area associated with an existing restaurant located at 368 East Dania Beach Boulevard. (Community Development Department) City Planner Corinne Church, explained the nature of the request and the conditions. Steven Bowers, the applicant, agreed to all the conditions of staff and again asked that restaurant be granted permission for a television and speakers in outside patio area. Community Development Director Leeds stated that all conditions were standard, including outdoor entertainment and speakers. He advised the Commission that provisions could be made to allow for Mr. Bowers request. He was concerned with speakers being turned up too loud, but had no qualms about allowing the television. He reminded that one of the conditions was that the permit would be modified in two years. Mayor Anton felt the noise should not be heard beyond 50 feet of the establishment. Vice-Mayor McElyea and Commissioner Chunn felt having an outdoor patio where alcoholic beverages were served was inappropriate, especially for children in the area. MINUTES 15 OCTOBER 14, 2003 CITY OF DANIA BEACH Mr. Bowers spoke of the decrease in restaurant business because of smoking laws and • indicated that allowing this outdoor area would resolve this. There was discussion regarding other restaurants within the City that were approved for outdoor eating areas. Community Development Director Leeds reminded that part of the CRA plan was to encourage outdoor eateries. He spoke of closing times and advised it was the prerogative of the Commission to determine the closing time of the establishment. Commissioner Flury was concerned with consistency in granting outdoor seating for restaurants. A motion was made by Commissioner Flury, seconded by Mayor Anton, to adopt (SR-66-03) with the following conditions: closing time, 1:00 a.m., and no television or speakers outside. The motion failed on the following 2-3 roll call vote: Commissioner Chunn -- no Vice-Mayor McElyea — no Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —no ITEM 11.2 WAS HEARD AFTER ITEM 5.2. 11.2 Update on recent narcotics operation within the City. (Chief Bryan Cowart, Broward Sheriff's Office, District 2) Mayor Anton asked Chief Cowart to give an update on a narcotics operation that was going on. • Chief Cowart gave a history of the operation, which started in July 2003. He stated that 49 individuals were arrested on charges from delivery to possession of cocaine. He stated that the police department was working with property owners in vulnerable areas to discourage further illegal activity. 12. APPOINTMENTS: City Attorney Ansbro spoke of the many vacancies that existed on the boards and encouraged citizens in the western region of the City to become involved. 12.1 Appointment of 1 Commission appointed Alternate Citizen Member to the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF AN ALTERNATE CITIZEN MEMBER APPOINTED BY THE CITY COMMISSION ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A FOUR- YEAR TERM EXPIRING APRIL 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Randy Smith was appointed by Commissioner Flury. 12.2 Appointment of 1 Commission appointed member to the position in Lieu of General Contractor to the Code Enforcement Board. • MINUTES 16 OCTOBER 14, 2003 CITY OF DANIA BEACH "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING • AND AFFIRMING THE APPOINTMENT A MEMBER TO THE POSITION IN LIEU OF GENERAL CONTRACTOR TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING NOVEMBER 10, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Judith Talacro was reappointed by Commissioner Flury. 12.3 Appointment by the Mayor of 1 member to the Dania Beach Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE DANIA BEACH HOUSING AUTHORITY; PROVIDING THAT SAID MEMBER SHALL SERVE A FOUR (4) YEAR TERM, ENDING OCTOBER 31, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Bill Winkelholtz was appointed by Mayor Anton. 12.4 Appointment of 2 members to the Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF a 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". Dolores Vitale was appointed by Vice-Mayor McElyea. 12.5 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". NONE 12.6 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 hoped that a resident from the western region of the City would be . MINUTES 17 OCTOBER 14, 2003 CITY OF DANIA BEACH willing to serve on this board. • 12.7 Appointment of 1 Commission appointed member to the R/E Property Manager position to the Unsafe Structures Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3) YEAR TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Clerk Johnson advised that an alternate was needed for the I.T. Parker Board and that Terrell McCombs was interested. Vice Mayor McElyea included Terrell McCombs as an appointment on the I.T. Parker Board as an Alternate. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the resolution confirming all appointments presented. The motion passed on the following 5-0 roll call vote: Commissioner Chunn -- yes Vice-Mayor McElyea — yes Commissioner Flury— yes Mayor Anton —yes Commissioner Mikes —yes 13. ADMINISTRATIVE REPORTS: • 13.1 City Manager — City Attorney Office — City Manager Pato clarified that facilities for the City Attorney were being considered as an attachment to City Hall in the atrium area. The addition would have the same architectural design and blend in with the existing building. He stated that if the Commission was opposed he would look elsewhere. There were no objections from the Commission. 13.2 City Attorney — Thank You — City Attorney Ansbro thanked the Commission for the opportunity to serve the City of Dania Beach. 13.3 City Clerk -- Meeting Reminder: October 16, 2003 7:00 p.m.- Charter Review Board October 28, 2003 7:00 p.m.- Regular Meeting November 12, 2003 7:00 p.m. Regular Meeting November 13, 2003 7:00 p.m.- Public Town Hall Meeting with Senator Steven A. Geller November 20, 2003 6:00 p.m. Abatement Hearings November 25, 2003 7:00 p.m. Regular Meeting • MINUTES 18 OCTOBER 14, 2003 CITY OF DANIA BEACH • 14. ADJOURNMENT The meeting adjourned at 10:35 p.m. ANT MAYOR-C MISSIONER ATTEST: �6�- CHARLENE(JOHNSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: November 12, 2003 ® MINUTES 19 OCTOBER 14, 2003 CITY OF DANIA BEACH