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HomeMy WebLinkAbout2003-10-28 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING OCTOBER 28, 2003 7:00 P.M. 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Pastor Delbert D. King, Dania United Methodist 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 Mayor Anton spoke in honor of Carol McElyea, who had recently passed away. He spoke of Ms. McElyea's dedication to the community and stated she would be sorely missed. He then called for a moment of silence in memory of Ms. McElyea. 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: Business Report by City Manager Ivan Pato. City Manager Pato reported the accomplishments of the City of Dania Beach over the last 12 months. He used a Powerpoint presentation to highlight various projects including: Three-year Capital Improvement Plan; improvement to water and sewer infrastructure; monthly report system for the Commission; internal financial controls; employee classification program; technology upgrades; renovation of public services garage; Airport Expansion Advisory; Community Redevelopment Plan; Local Activity Center Plan; canal dredging; Community Center and BSO substation; various grants for community improvement projects; Griffin Marine Park improvements; Amelia Aquatic Complex; flagpoles in all City buildings; pier restaurant development; street beautification; improvements to Commission chambers; construction of gateway sign; City promotional brochure; decrease in crime, and other improvements. City Manager Pato outlined future goals of the City of Dania Beach: County approval of the CRA; further involvement with airport expansion issues; public safety and drug free workplace policy; improvement of work and productivity with training and performance evaluations; modernizing infrastructure; improving street lighting; professional advice for technology department; AGENDA 1 OCTOBER 28, 2003 CITY OF DANIA BEACH new website; grants; and successful union negotiations. He closed with reading the mission statement . of the City. Presentation by Fire Department of a plaque renaming the Fire.Administration Building as "George Land Administrative Offices" and notification of unveiling dedication scheduled October 30, 2003, at 12:00 noon. (Deputy Chief Michael Cassano) Deputy Chief Mike Cassano presented George Land, retired Fire Chief, with a dedication plaque, which renames the Fire Administration Building as "George Land Administrative Offices." Mr. Land thanked the Commission for this honor. 4.3 Employee Recognition Program "General Employee of the Month" Award for September, 2003: *Helen Hargadon* Community Development Director Leeds presented Ms. Hargadon the award and spoke of her accomplishments and dedication. Ms. Hargadon received a plague, a check, and a T-shirt. Ms. Hargadon shared her honor with her colleagues. 5. PROCLAMATIONS: NONE 6. CITIZENS' COMMENTS: 6.1 Brenda Chalifour advised that Broward County was going to make a decision on either December 2, or December 9, 2003 regarding airport expansion. She stated that their report would be • made available on November 19, 2003. She presented a video that encouraged residents to become involved in this issue. She indicated that Melaleuca Gardens was in the most danger because of expansion. She invited residents to attend the Broward County Commission meeting on December 2, 2003 to voice their objections to this project. Commissioner Mikes commended Ms. Chalifour for her efforts and stated there were alternatives with less impact to both the environment and to the residents, which included a north parallel. He felt the goal was land acquisition as well as airport expansion. He spoke of the encroachment the City of Dania Beach had already suffered and encouraged residents to take a stand. City Attorney Ansbro reported that Broward County hired an attorney who specialized in airport expansion issues and reiterated that resident involvement was imperative. 6.2 Chip Rotman, representing the Dania Beach Optimist Club, spoke of the sports program at Frost Park and how the fields were overcrowded. He requested that a T-Ball field be constructed, 55 feet by 55 feet, adding that the Optimist Club would pay it for. Public Services Director Sheridan indicated that the Optimist Club would pay for the field and it would be an improvement to the park. Commissioner Mikes wanted assurance that there would be no conflict with other programs. Director Sheridan confirmed there would be no conflicts. Parks and Recreation Director Jones confirmed. Commissioner Flury hoped that organizations that used the park were part of the decision before AGENDA 2 OCTOBER 28, 2003 CITY OF DANIA BEACH construction commenced in order to avoid conflicts. Director Jones indicated that advisory boards were informed. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Flury, to approve the construction of a T-Ball field, 55 feet by 55 feet, at Frost Park. The motion passed on the following 5-0 roll call vote: Commission Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commission Mikes --yes 6.3 Reverend Delbert King from the Dania United Methodist Church regretfully reported that the last worship service at the church would be on November 16, 2003. He invited the community to a thank you dinner at the church on November 15, 2003 from 4:00 to 7:00 p.m. 6.4 Lisa Young, representing the Dania Beach Heights Civic Association, thanked the Commission and City Manager Pato for their continued cooperation and communication between the City and the Association. She spoke of the improvements that were made and how staff had been helpful and supportive throughout the process. 6.5 Mark Lattimer, 3081 SW 47 Street, asked for the status of a derelict boat that was supposed to be removed or towed away in Dania Cutoff Canal. Mr. Leeds advised that the soonest that boat could be towed away was approximately 45 days from this meeting. He advised that a red tag was placed on the boat and the attorney representing the owner filed a lawsuit against the City. He indicated that the notification process would take 45 days and BSO has agreed to tow the boat. He indicated that the City would have to store the boat in a marina for 90 days and the estimated cost would be $1500.00. If the boat was not claimed by the 90 days, the City could dismantle and destroy the boat and remove it. He clarified that the delay was due to the notification process and the owner address was a P.O. box. He stated that the City was attempting to locate property of the owner of the boat to place a lien for costs. Finally, he advised that City Attorney Ansbro and he were working toward amending the code so that this never happens again. ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER MIKES PULLED ITEM 7.7. 7. CONSENT AGENDA (including expenditures): 7.1 Minutes: Approval of minutes for Workshop Meeting of March 27, 2003. Approval of minutes for Workshop Meeting of April 28, 2003. 7.2 Travel Expenditures: NONE 7.3 Bills: Approval of Bills for the month of September 2003. Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HI-CALCIUM QUICKLIME FROM CARMEUSE IN AN AMOUNT NOT TO EXCEED $57,000.00 ($107.20 PER TON), UNDER THE CITY OF BOCA RATON QUICKLIME BID NO. 99-071 VALID THROUGH AUGUST, 2004, WITHOUT COMPETITIVE • AGENDA 3 OCTOBER 28, 2003 CITY OF DANIA BEACH BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE AND DIESEL FUELS FROM MACMILLAN OIL CO. IN AN AMOUNT NOT TO EXCEED $90,000.00, UNDER BROWARD COUNTY CO-OP BID #D-2-00-042-B2 VALID THROUGH MAY 31, 2004 WITH CONTINUATION AGREEMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENGAGE WITH RUSS KLENET & ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE CRA, AIRPORT EXPANSION, DREDGING AND OTHER RELATED ECONOMIC DEVELOPMENT MATTERS OF CONCERN TO THE CITY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES— TITLE TO BE READ BY CITY ATTORNEY— 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ENFORCEMENT OF CONDITIONS ATTACHED TO SITE PLANS, VARIANCES AND SPECIAL EXCEPTIONS; AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE IV, "CODE ENFORCEMENT BOARD", SECTION 2-72 "APPLICABILITY" TO CLARIFY APPLICABILITY TO CONDITIONS OF SITE PLANS, VARIANCES AND SPECIAL EXCEPTIONS; DELETING SECTION 13.13 OF ARTICLE 13, "VIOLATIONS AND PENALTIES" OF CHAPTER 28, "ZONING" BECAUSE IT IS OUTDATED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance title for Item 7.8. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to approve the Consent Agenda with the exception of item 7.7. The motion passed on the following 5-0 roll call vote: Commissioner Chunn -- yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes ITEM PULLED FROM THE CONSENT AGENDA: 7.7 A) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PAYMENT TO PREFERRED GOVERNMENT INSURANCE TRUST (COVERAGE OBTAINED THROUGH THE CITY'S INSURANCE AGENT, RISK MANAGEMENT ASSOCIATES, INC.) IN THE AMOUNT OF $419,034.00 FOR THE PURCHASE OF WORKERS' COMPENSATION INSURANCE FOR THE PERIOD OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • AGENDA 4 OCTOBER 28, 2003 CITY OF DANIA BEACH B) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING PAYMENT TO RISK MANAGEMENT ASSOCIATES, INC. IN THE AMOUNT OF $568,139.00 FOR THE PURCHASE OF PACKAGE INSURANCE (TO INCLUDE PROPERTY AND CASUALTY, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT) FOR THE PERIOD OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the resolution titles for Item 7.7A and 7.7B. Commissioner Mikes asked for an update for liability insurance coverages on the two City swimming pools at Patrick J. Meli Park. Kristen Jones, Parks and Recreation Director, indicated that policies were being researched through the Red Cross and that the best insurance was being sought, similar to the program at the City of Coral Springs. She did not have an exact cost at this time. Commissioner Mikes wanted assurance that no liabilities would incur. He requested that an outside safety consultant be hired to inspect the new pool prior to its opening for public use. Commissioner Flury agreed, but questioned whether this was the job of the City's insurance consultants. Mary McDonald, Director Human Resources & Risk Management, clarified that insurance consultants would do a safety inspection if that was the direction of the Commission, but their comment would be unofficial. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt resolution 7.7 A & B. The motion passed on the following 5-0 roll call vote: Commissioner Chunn -- yes Vice-Mayor McElyea —yes . Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes—yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 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. (SECOND READING) The Ordinance title was read by City Attorney Ansbro. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Vice-Mayor McElyea wanted the charge for senior citizens to be $15.00. Commissioner Mikes asked if this was comparable to other cities. City Attorney Ansbro confirmed, stating that it was below other AGENDA 5 OCTOBER 28, 2003 CITY OF DANIA BEACH cities. Commissioner Mikes spoke of the costs for the beach and felt that everyone had to pay for upkeep. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to adopt the Ordinance on second reading (9.1). The motion passed on the following 3-2 roll call vote: Commissioner Chunn -- no Vice-Mayor McElyea — no Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes—yes City Attorney Ansbro referred to the parking meter maid, who had suggested a parking ticket surcharge or $4.00 or $5.00, which would defray costs for school crossing guards. He stated that the Commission had the authority to do so and advised of the cities that already had such a program in place. Commissioner Mikes requested that this be put in a memo and wanted to be assured that this would be a reasonable rate in comparison with other cities. Mayor Anton and Vice-Mayor McElyea were in favor. City Attorney Ansbro indicated the average cost throughout the County was $39.00 for parking tickets and added that the enforcement level would increase this year. City Attorney Ansbro stated he would present a draft ordinance at a future meeting. 9.2 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. (SECOND READING) The Ordinance title was read by City Attorney Ansbro. Community Development Director Leeds explained the nature of the ordinance, stating the major changes included granting a waiver for 20% reduction of pervious area without a recommendation from an engineering professional and increasing pervious areas in non LAC areas from 40 percent to 50 percent open space. The Planning and Zoning Board recommended approval of the entire ordinance, as written, with the exception that the required open space for multi-family and townhouse uses should not increase to 50 percent from 40 percent. He indicated that the standard in Broward County, Boca Raton and Key West was 25 percent to 40 percent. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. Commissioner Mikes spoke of storm water problems and felt that the majority of projects would ask for the full waiver. He had concerns with the documentation provided by Community Director Leeds and felt it was not credible. He felt the storm water problem would get worse with a decrease in pervious areas over the years and it would cost the taxpayers. He indicated that the reduction in pervious areas would compound the problem. He spoke of past assurances from engineers regarding drainage, which proved to be incorrect. He stated he would support this with the condition that a four- AGENDA 6 OCTOBER 28, 2003 CITY OF DANIA BEACH fifths vote of the Commission was necessary for 15 percent of pervious area. Otherwise, he felt all waivers would be granted. In response to Commissioner Mikes statement, Community Development Director Leeds confirmed that his chart was correct and it reflected what was required in terms of pervious area. He clarified that the current code did not require a professional engineer, but now without the approval of a professional engineer, such a waiver would not come before the Commission. He agreed that the only way to provide proper drainage was to increase open space, adding that professionals must be relied upon. He explained that a waiver granted by the Commission would be based on the site plan. He stated that 15 percent pervious in urban areas was consistent in the CRA. He indicated that there was zero pervious area in the downtown area and if the 15 percent waiver was granted it would be more than what currently exists. He advised that quality development in the downtown area was necessary to support the area and without the waiver it would be difficult to attract quality, tax-based intensive development. Commissioner Mikes reiterated that he wanted to have high standards for developers across the board. In response to Commissioner Flury, Community Development Director Leeds clarified that the Commission recommended approval at first reading, except for the provision of increasing pervious areas for townhouses and multi-family projects to 50 percent. The Commission wanted it to stay at 40 percent. Commissioner Flury recommended keeping the ordinance as it was at first reading. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the Ordinance on second reading (9.2), with the condition that the pervious areas for townhouses . and multi-family projects remain at 40 percent. 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 9.3 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. (SECOND READING) The Ordinance title was read by City Attorney Ansbro. Mr. Leeds explained the nature of the ordinance. Staff recommended approval, as did the Planning and Zoning Board. Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. AGENDA 7 OCTOBER 28, 2003 CITY OF DANIA BEACH In response to Commissioner Mikes, Community Director Leeds clarified that the ordinance provided for a five-foot perimeter around a property in the Local Activity Center to provide landscape buffers, and a ten-foot buffer in areas outside of the Local Activity Center. Also, the landscape buffers will contain one tree for every forty feet and a row of hedges. Commissioner Mikes had concerns regarding the small area and felt that substantial landscaping would not be possible. Mr. Leeds spoke of neighboring cities and stated that this ordinance provided for more than what they were doing. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the Ordinance on second reading (9.3). 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 9.4 SP-39-03 — A request for a Site Plan approval by Gustavo J. Carbonell, A1A, representing Elias Peachik, owner of Real Estate Development I, LLC., for property located approximately 235 feet North of Griffin Road on SW 32Id Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GUSTAVO CARBONELL, AIA, REPRESENTING ELIAS PEACHIK, OWNER OF REAL ESTATE DEVELOPMENT I, LLC., FOR PROPERTY LOCATED APPROXIMATELY 235 FEET NORTH OF GRIFFIN ROAD ON SW 32ND AVENUE, DANIA BEACH; 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 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. Mayor Anton, Commissioner Chunn, and Commissioner Mikes disclosed that representatives from Forest View had contacted them. The Site Plan request was read by City Attorney Ansbro. Corrine Church, Principal Planner, presented the request explaining that the applicant was requesting one and one-half car garages rather than two car garages. The recommendation by staff was approval, as long as outstanding comments in the staff report were addressed by the applicant. The recommendation by the Planning and Zoning Board was approval, as long as outstanding comments in the staff report were addressed by the applicant prior to the issuance of building permit. Mayor Anton opened the public hearing. Gus Carbanel, representing Mr. Peachik, presented the site plan to the Commission, which showed the landscaping. He described the design of the property, indicating that the intent was to maintain the canal as a natural habitat. Commissioner Flury asked if the building would have a barrel tile roof. Mr. Carbanel replied affirmatively. Community Director Leeds invited the applicant to deed restrict the properties so that they could only be sold as townhouses or condominiums. Mr. Carbanel volunteered to agree to this AGENDA 8 OCTOBER 28, 2003 CITY OF DANIA BEACH condition, adding that they did not want to restrict buyers from renting their properties. He did not . want to commit to rental restrictions without first consulting with his client. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to approve the site plan (SP-39-03), with the following conditions: 1) Provide a copy of the title report to verify the public record search was conducted; 2) Provide a unity of title, unifying lot 17 and 18; 3) Easements and right of ways must match neighboring properties at minimum (Public Services); 4) HOA documents to be submitted and reviewed by staff prior to issuance of building permits. HOA documents to identify garages as 1 % garages and to identify the location of the project in terms of distance from active runways at FILL airport; 5) Revise Sheet A-1 to show 1 % car garages and a 20 foot garage depth; 6) the requirement of a tile roof. The resolution passed on the following 5-0 roll call vote: Commissioner Chunn --yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes—yes Continued from 9/23/03 and 10/14/03 Commission Meetings 9.5 a) VA-43-03 — Request for Variance approval by Daniel Sawicki, Stirling, LLC, a Florida Limited Liability Company (Forest View), for the 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 BY 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 the 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. Community Development Director Leeds reviewed the recommendations of the Planning and Zoning Board, which was approval of all four variances and the site plan, subject to seven conditions indicated in the staff report. He reminded that the Commission had directed the applicant at the last hearing, to reduce the number of homes from 12 to 11. The petitioner believed that the applicable zoning designation for the property allowed him to receive credit for the access road to the homes. Community Director Leeds advised that staff disagreed. He further advised that City Attorney Ansbro was researching this, but did not have a final answer at the time of this meeting. Community Director Leeds stated that if the applicant wanted to pursue this issue with the City Attorney, he recommended the item be continued. If the applicant did not want to pursue, the Commission could rule. AGENDA 9 OCTOBER 28, 2003 CITY OF DANIA BEACH Mayor Anton opened the public hearing. Manny Synolofski, architect for the project, stated that he wanted to continue the discussion of the lot size, as referred to by Community Director Leeds. He also wanted to hear Commission discussion at this time in order to determine whether or not a variance for the lot size would be necessary. He urged the Commission to approve the site plan as submitted with the 12 units. Commissioner Flury asked Community Director Leeds about the four variances for this site plan. Community Director Leeds reported that the Planning and Zoning Board recommended approval of variances. He assumed that the Commission had no concerns with these variances. In response to Commissioner Flury's questions, Mr. Synolofski stated that the homes were either 2,800 square feet or 3,200 square feet, plus two-car garages. He stated the houses would sell for $600,000 to $700,000. Community Director Leeds reported that three of the nine lots met the minimum required lot size of 6,000 square feet. Commissioner Flury was pleased that the developer was preserving the trees and indicated her approval because of staff's recommendations. Commissioner Mikes had concerns with the zero lot lines. He felt that one less unit would make this a better project, as he had stated in the past. Commissioner Chunn indicated that he had every intention of supporting this project until the issue arose regarding the road. He agreed with Commissioner Flury, but did not want to conflict with staff. Vice-Mayor McElyea agreed with Commissioner Mikes regarding the zero lot lines and opposed the 12 units. Mayor Anton was in support of the project with 11 rather than 12 units. Mr. Synolofsky asked if his definition of the lot with regard to the road as being part of the overall parcel was correct, whether the Commission would consider the issue of zero lot lines as being resolved? City Attorney indicated that it would be resolved because a variance would not be necessary. Community Director Leeds advised that the zoning allowed for 13 units and it was zoned multi-family. The zoning allowed for five units per acre and the site plan was for 4.6 units per acre. He spoke of the basis of staff's recommendation, which included the preservation of the trees and the abutment to the synagogue. He recommended postponement of this item until the November 12, 2003 meeting. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Mikes, to continue item 9.5 (a) & (b) until the November 12, 2003 meeting. 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 AGENDA 10 OCTOBER 28, 2003 CITY OF DANIA BEACH . 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn -- no comments. 10.2 Commissioner Flury -- no comments. 10.3 Commissioner Mikes reminded residents how important it was to become involved with the airport expansion issue. He also reiterated the importance of attaining comprehensive insurance for the City's swimming pools. In response to Commissioner Mikes' concern, Kristen Jones assured that outside agencies would provide liability insurance when they used the pools. Commissioner Mikes referred to the Clearwater Ordinance that was being considered by the City of Fort Lauderdale, which allowed Code Enforcement to pursue absentee landlords in rental housing. City Attorney Ansbro indicated he had not yet researched it, but wanted to know if Community Director Leeds's department would be able to fund it and to enforce it. He reported that the City of Fort Lauderdale opted not to adopt it and that they put a great deal of research into it. He offered to provide Community Director Leeds a copy of the ordinance for further research. Mayor Anton recommended that this be discussed at a future Commission meeting. 10.4 Vice-Mayor McElyea recommended drafting an ordinance that would require homeowners with alleys to post their addresses in the alleys. Mayor Anton and Commissioner Chunn were in favor of this proposal. 10.5 Mayor Anton reminded residents to attend the County Commission meetings on December 2 and December 9, 2003 regarding the airport expansion issue. He also commended staff on the presentation of the City Manager's report at the beginning of the meeting. 11. DISCUSSION AND POSSIBLE ACTION: • 11.1 Request by Triangle Village Association to waive street closure procedures relating to SW 2nd Avenue and Sheridan Street location. (Commissioner Chunn) Commissioner Chunn stated that this item was in response to residents who were concerned with traffic impacting their neighborhood in the southwest section of the City. He commented on street closures and suggested that a workshop be scheduled for residents and staff to discuss the issue further. Mayor Anton spoke of a meeting some months ago regarding the closing of SW 2 Avenue. There was discussion regarding the serious implications for fire rescue and EMS. In lieu of closing the street, there was consideration of the possibility of extending the medians and creating a 12 to 15 foot passageway for emergency vehicle ingress and egress. He stated that the Police Chief indicated there would be no enforcement problems if this was done. Mayor Anton stated that he was a strong proponent of street closures as they have proven to significantly reduce crime in impacted communities. He was adamant that this should only be done with approval of the majority of neighbors affected. Commissioner Flury felt that everyone was skirting the issue of street closures. She felt the problem with the area in question was there were many rental properties and it would be difficult to meet the requirement of the 75 percent approval from residents in the area. She spoke of other options that could be used to reduce traffic impacts. AGENDA 11 OCTOBER 28, 2003 CITY OF DANIA BEACH Commissioner Chunn stated he was not skirting the issue. He was concerned with .the impact on • residents in the area and wanted action, if approved by both the Fire and Police Departments. He referred to traffic study data that might also be wrong. Chief Cowart explained why the traffic study data was erroneous and advised that a device which gave accurate figures was acquired since the study was conducted. He referred to two accurate volume surveys done by Calvin Giordano before the street closure was enacted and reported that a 47 percent increase in traffic was determined. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to continue this issue and schedule a meeting for residents, BSO, the Fire Chief, and staff to discuss road closures relating to SW 2 Avenue and Sheridan Street. The motion passed on the following 5-0 roll call vote: Commissioner Chunn -- yes Vice-Mayor McElyea—yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes 11.2 Discussion of scheduling a workshop meeting to discuss SW area neighborhood traffic, public safety and development issues. (Commissioner Mikes) Item 11.2 was discussed under item 11.1 11.3 Discussion of using Fire Assessment fees to cover platting costs associated with development of the western fire station. (Fire Chief Land) • 11.4 Chief Land stated that the platting approval for the western Fire Station was already presented before the City Commission some time ago, however, there was not specific approval to use Fire Assessment fees to cover the costs. The bills are in need of being paid and Pat Varney, Finance Director, was not comfortable with the language and needs confirmation to use fire assessment fees to plat and rezone the property in question to the proper zoning; and if no fire station is built on the property, whatever was built would pay back the fire assessment fee. He indicated that once Finance Director Varney was comfortable with the language, she would approve payment of the bills. Community Director Leeds clarified that the request was for permission to use fire assessment fees to plat the property. He stated there were no plans at this time t o rezone the property and platting was a prerequisite of the development. He indicated that if the property was sold, the new owner would be more interested in a platted property. He confirmed Commissioner's Mikes prior statement that platting does increase property value. He explained that it was beneficial to plat the property at this time because Broward County rules changed often, every six months, which made the cost of platting more expensive. He recommended approval of using the Fire Assessment Fees for this purpose. Commissioner Flury indicated that the Commission had authorized platting a year and a half ago and wanted to know if the platting had begun. Community Director Leeds replied affirmatively. A motion was made by Commissioner Flury, seconded by Commission Chunn, to approve the use of Fire Assessment Fees for platting the property in question. The motion passed on the following 5-0 roll call vote: AGENDA 12 OCTOBER 28, 2003 CITY OF DANIA BEACH • Commissioner Chunn --yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes—yes 11.4 Presentation by Ken Koch on construction of office space in Atrium area. (Ken Koch, Building Official) Building Official Ken Koch described the plan for construction of office space in the atrium area, approximately 17.5 feet by 49 feet, which included 60 percent for file storage and 40 percent for the office area. He stated that the records storage was currently in a trailer in the back parking lot of City Hall and a more secured space was necessary. He showed renderings that detailed described both the interior and exterior design. He indicated the cost would be approximately $30,000 to $40,000, mostly done by City employees, and it could be completed within three to four months. In response to Commissioner Flury, Building Official Koch indicated the City Clerk's office and its functions would be relocated to this area. Commissioner Flury thought the addition would be used for the City Attorney's office. City Manager Pato spoke of the extensive needs of the City Clerk's office for record keeping and the desire of some of the Commissioners to have the City Attorney in the City Clerk's present office. He indicated the City Attorney did not need as much space as the City Clerk's office, where there were more employees and a need for more space for file storage and record keeping. He assured the addition would look just like the existing building. He felt it was more effective use of,space and better met the needs of the Commission. • Commissioner Flury felt the City Attorney should be somewhat isolated and shielded from the general public, as his time was valuable. City Manager Pato felt more time would be wasted if employees had to walk to the "file room" to access records or to use the imaging system. He indicated that this was a group decision by staff and would be the least disruptive to the City Attorney. Commissioner Flury felt a long-term plan should be implemented, rather than piece by piece. She realized the need for more space. After some discussion regarding the most appropriate use for the structure, City Manager Pato assured the Commission the structure was necessary, and in his opinion, the best scenario was to move the City Clerk's office and file storage to the new structure. He spoke of the consolidation of records was necessary to achieve compliance. Commissioner Flury felt that using this space for historical records was a misuse of valuable space. Commissioner Chunn agreed with Commissioner Flury, and indicated that the best scenario would be to have the City Manager, City Clerk, and City Attorney in the same area because they interacted so often. Commissioner Mikes agreed if other space could be found for historical records, it would be beneficial. Otherwise he was in favor of the proposal. In response to Vice-Mayor McElyea comments about the data imaging system, City Manager Pato indicated the goal was to have all records copied by the end of 2004, which would greatly reduce the amount of storage space needed. He cautioned that there would be some disruption once construction began. AGENDA 13 OCTOBER 28, 2003 CITY OF DANIA BEACH The consensus of the Commission was to move ahead with construction, but there was no consensus as to the use of the space. 11.5 Discussion of Precinct 1S moving to I.T. Parker Community Center. (City Clerk) City Clerk Johnson reported that the Supervisor of Elections confirmed with Olsen Middle School that the City would be allowed to utilize an additional room at the entrance to the school, which will meet the ADA compliance issues. Also, no other precincts had to be moved, nor would I.T. Parker Community Center be used as a precinct at this time. 12. APPOINTMENTS: 12.1 Appointment of three (3) Members and 1 Alternate member to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT THREEE (3) MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." The Commission reappointed Judy Jensen, Jimmy Peterman, and David Nuby. 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 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". • NONE. 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". NONE. 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". NONE. 12.5 Appointment by Commission of a member for R/E Property Manager position on 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." NONE. AGENDA 14 OCTOBER 28, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, 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 Pato invited Director Mike Sheridan to address the Commission. Public Services Director Mike Sheridan reported he was offered consideration of a position in Charlotte County near Sarasota, which he tentatively accepted. It was not formalized at the time of this meeting, but would be by the end of the week. He declared his resignation within 30 to 45 days of this meeting. He assured the reason for his resignation was strictly personal and had nothing to do with the City of Dania Beach. The Commission thanked Director Sheridan for his service to the City of Dania Beach. 13.2 City Attorney -- no comments. 13.3 City Clerk— Meeting Reminder: November 6, 2003 7:00 p.m. Charter Review Board 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 20, 2003 7:00 p.m. Charter Review Board Meeting November 25, 2003 7:00 p.m. Regular Meeting 14. ADJOURNMENT The meeting adjourned at 10:05 p.m. OB ANTO MAYOR-C MMISSIONER TMST:: W CHARLENE JOH JO N CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: November 25, 2003 AGENDA 15 OCTOBER 28, 2003 CITY OF DANIA BEACH