HomeMy WebLinkAbout2003-12-08 Regular City Commission Meeting Minutes MINUTES
• DANIA BEACH CITY COMMISSION
REGULAR MEETING
DECEMBER 8, 2003
1. CALL TO ORDER:
Mayor Anton called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Reverend Richard Thigpen, Greater Mt. Zion AME Church
Mayor Anton requested a moment of silence commemorating Pearl Harbor Day, December 7.
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 Request for a Special Event to allow a Chanukah Festival at Boomers/Grand Prix on
December 25, 2003 from 10:00 a.m. to 7:00 p.m. (Community Development Director)
Laurence Leeds, Community Development Director, requested approval for a one-day, outdoor
community event scheduled Christmas Day from 10:00 a.m. to 7:00 p.m. at Boomers. He
recommended approval with confirmation from Fire/Rescue and BSO regarding public safety
requirements. He reported that the Building Official Ken Koch would also have requirements if
generators were used to power the stage.
Adam Gruber, 5731 Grant Street, Operations Manager for the Festival, accepted the conditions
as stated by Mr. Leeds. .
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
approve the request with the following conditions: 1) E-mail confirmation from the Fire
Rescue and BSO that public safety requirements have been met, including off-duty
details and approval of candle lighting and fireworks; 2) E-mail confirmation from
Building Official Ken Koch that any building code requirements have been met; 3) If no
portable toilets are proposed, written confirmation from Boomers that festival attendees
have permission to use all Boomer's facilities.
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CITY OF DANIA BEACH
• 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
Mayor Anton directed Community Development Director Leeds to caution the applicant to keep
the music toned down to avoid complaints.
4.2 Presentation by Fire Department recognizing Bruce Caruso, EMS Captain, for receiving
the "Broward County Fire Chiefs Association Leadership Award" for 2003. (Fire Chief)
Fire Chief Kenneth Land announced that Bruce Caruso was the recipient of this award
presented annually by the Fire Chiefs Association of Broward County for advancing emergency
medical service within the County. He stated that Captain Caruso had served as EMS
Subcommittee Chairman for the past two years and was involved in the planning of the First
There, First Care ALS Competition EMS Conference. He reported that Captain Caruso was
truly deserving of this recognition.
Captain Bruce Caruso thanked his family for their support. He stated that this award was not
just for him and credited The City of Dania Beach for establishing an EMS service early on. He
commended Dr. Ulin, the medical director, for his 14 years of service.
Dr. Ulin-reiterated that Captain Caruso was a credit to the city.
4.3 Employee Recognition Program "General Employee of the Month" Award for November,
2003:
Mary McDonald, Human Resources Director, announced that the November Shining Star was
Terry Peterson from the Human Resources Department and commended Terry for her tireless
and dedicated work relating to Personnel matters in the City.
4.4 Drawing to list surplus properties with individual real estate brokers. (City Clerk)
City Parcel # Folio# Location Site Size
(the following 3 properties will be listed with one broker for marketing purposes)
* Parcel 44 1203-15-0030 Dixie Hwy/Sheridan St. 13,800 sq. ft
Parcel 45 1203-15-0040 total site area
Parcel46- 1203-15-0050 "
Charlene Johnson, City Clerk, explained that on November 25, the City Commission adopted a
resolution declaring the referenced properties as surplus and stated that drawings would be
conducted to select a listing broker for both sites. The following real estate brokers are
registered with the City: 1) John Ryan, A.J. Ryan Realty; 2) Stephen Lupo, Dania Beach
Realty; 3) Evelyn Benhamu, But it Realty, Inc.; 4) William Clark, C&S Real Estate Group;
Margrit Wagner, Panorama Properties, Inc.; 5) Gary Posner, Victory Development, Inc.; 6) Sam
Calandra, Calandra Realty, Inc.; 7) Jean Cook, Jean Cook Realty.
Laurence Leeds, Community Development Director, presented the site location of the first three
parcels (six lots together) near Sheridan Street and West Dixie Highway. He explained that it
was formerly the Big Nassau Daddy site and that it had a land use designation of commercial; it
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CITY OF DANIA BEACH
was currently zoned residential and could be changed.
• Bonnie Temchuk, Assistant to the City Manager, selected Steve Lupo as the broker to market
the three parcels located at Dixie Highway and Sheridan Street.
* Parcel #66- 0233-14-0140 Vacant Lot 4,085 sq. ft.
1311 NW 2 Terrace
Director Leeds presented the site location of the next parcel on NW 2 Terrace. He stated that it
was a very small lot, 43 feet wide by 80 feet deep, with a zoning designation of RD 8000
Duplex. He stated that it could be developed as a small single family home without a garage.
He further explained that due to the small size of the property, it would possibly come before the
Commission for a variance.
Bonnie Temchuk, Assistant to the City Manager, selected Evelyn Benhamu for the above
parcel.
Commissioner Mikes asked that the selected broker for Parcel #66 contact the neighboring
property owners to see if they would be interested in purchasing and/or splitting this
substandard lot. He stressed the importance of seeing the lot merged into adjoining properties
than make an attempt to build on a lot that is too small.
City Manager Pato offered to discuss this with the realtor at the time he signed the listing.
4. 5 Vice-Mayor McElyea announced that Jesse Davis had passed away. Vice-Mayor
McElyea explained that Mr. Davis was a long time Dania resident and former Dania police
officer. He announced that services would be held at St. Ruth Baptist Missionary Church, 145
NW 5 Street, on December 12, 2003 and that the American Legion Post 209 would also be
involved in the services.
5. PROCLAMATIONS:
5.1 A proclamation declaring the Year 2004 as "Dania Beach Centennial Celebration
Year" in the City of Dania Beach.
Mayor Anton read the proclamation and stated that all the Commissioners would sign it.
6. CITIZENS' COMMENTS:
6.1 George Jason, 4549 SW 37 Avenue, first commented on the airport expansion. He was
surprised to find out how many people in the community were not informed about the issue and
up-coming meeting on December 9, 2003. He encouraged residents to attend. He also
commented on a problem of possible identity theft through trash can invasion. He suggested
that the City provide some type of ordinance to prohibit people from going through residents'
trash cans.
Mayor Anton suggested that City Attorney Ansbro look into the issue.
6.2 Annette Hibbits, 30 SW 11 Street, protested the closure of Second Avenue. She stated
that additional traffic was generated by the closure of SW Fourth Avenue, SW Third Avenue,
SW Eleventh Street, and SW Thirteenth Street. She felt that these street closures had isolated
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residents and reduced them to driving down alleyways. She felt that no one had considered the
• safety of residents and she had witnessed the difficulty of fire trucks to access neighborhoods
because of the street closures. She stated that the drug problem remained the same, and felt
that more street closures would increase the problem. She wanted to go on record to oppose
any closure of streets in the southwest section.
Mrs. Hibbits also addressed Item 7.7 on the agenda. She was upset that an agreement for
street closure study was being approved with Kimley-Horn and Associates without competitive
bidding.
Bonnie Temchuk, Assistant to the City Manager, mentioned that a workshop was held
November 18 regarding street closures and traffic flow in the southwest section. Ms. Temchuk
explained that Kimley-Horn and Associates was a reputable company that conducts "CPTED"
Studies that explore the possibility of crime prevention through environmental design. She
explained that they had done a study of the Dania Heights area and determined that there was
a traffic problem on SW 2"d Avenue and an increase in traffic on SE 2"d and SE 5" Avenues.
She further stated that the firm had recommended a study of SE 5th Avenue to the FEC railroad
line from Sheridan Street to Dixie Highway.
City Manager Pato explained that Kimley-Horn and Associates was selected under the direction
of the City Commission through interviews with firms for the purpose of conducting
neighborhood studies. He stated that funds for this project were budgeted. He explained that
after seeing several comparisons, this firm had provided the most service for the money.
City Attorney Ansbro clarified for Mrs. Hibbits that the Commission had the power to waive
• competitive bidding under City Ordinance and that under state law anything over $25,000
needed to be competitively selected.
Mrs. Hibbits reiterated that the traffic on SW 2"d Avenue had become a dangerous FEDERAL
HIGHWAY bypass and that the increased traffic was not local. She stated that people were
using SW 2"d Avenue to avoid the traffic on Federal Highway and Sheridan Street.
6.3 Charlene Scalese, 826 NW 13 Avenue, thanked City leaders, residents, and volunteers
for the time they had spent on the airport expansion issue. She was upset that the County
Commission might vote for the south runway expansion, but was hoping they would vote for the
north parallel alternative.
6.4 June Silvernale, 275 SW 9 Street, asked the Commission about providing $16,000 for
Main Street and mentioned that originally an amount of $16,300 was allotted for Main Street in
the budget and over the course of five years the amount was reduced to $5,000. She reminded
the Commission that they had mentioned doing more once the respective lawsuit was settled.
She commented on the Centennial Parade and the Tomato Festival events that are
forthcoming.
Mayor Anton stated that the City had not yet received the settlement and could not address this
issue at this time.
ITEM 9.9 WAS HEARD AFTER ITEM 6.4
ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER MIKES PULLED ITEM 7.4.
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CITY OF DANIA BEACH
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
• 7.1 Minutes: NONE
7.2 Travel Expenditures: NONE
7.3 Bills: NONE
Resolutions—
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A DEVELOPER'S AGREEMENT WITH
B&JCM PROPERTIES, L.L.C., PERTAINING TO CONNECTION TO THE CITY
SANITARY SEWER SYSTEM TO ALLOW FOR DEVELOPMENT OF A HOTEL TO BE
LOCATED AT THE NORTHWEST CORNER OF 1-95 AND STIRLING ROAD IN THE
CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE
YEAR AGREEMENT WITH WEBUNITED, FOR THE PURCHASE OF SUPPLIES,
SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT OF $5,565.00 START UP
COSTS AND A MONTHLY FEE OF $1,099.00 WITH THE SOLE PROVIDER,
WEBUNITED; AUTHORIZING THE AGREEMENT TO PROVIDE WIRELESS
NETWORK SERVICES THROUGH A "T-1" LINE TO PROVIDE INTERNET ACCESS
FOR THE CITY'S COMPUTER SYSTEMS, WITHOUT COMPETITIVE BIDDING AND
• WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN
AND ASSOCIATES, INC. IN THE AMOUNT OF $24,500.00 FOR A "CPTED" STUDY
TO BE COMPILED FOR THE DANIA HEIGHTS AREA; WITH THE SOLE PROVIDER,
KIMLEY-HORN AND ASSOCIATES, INC. WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO APPLY FOR THE 30TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM (2004-2005) IN THE TOTAL AMOUNT OF $251,012.00;
PROVIDING FUNDING FOR LIGHTING IMPROVEMENTS IN THE AMOUNT OF
$28,512.00 AND NEEDS ASSESSMENTS AND CPTED STUDIES OF SEVEN AREAS
AS WELL AS A NEEDS ASSESSEMENT STUDY IN ONE AREA WITHIN THE CITY OF
DANIA BEACH AND IN THE AMOUNT OF $222,500.00; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT
AGREEMENT UPON ITS AWARD; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING THE
EXISTING AGREEMENT FOR JANITORIAL SERVICES FOR THE CITY
ADMINISTRATION CENTER (AGREEMENT WITH A & A MAINTENANCE
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CITY OF DANIA BEACH
ENTERPRISE INC.), TO EXTEND THE TERM FOR TWO ADDITIONAL YEARS AND
• TO INCREASE THE AMOUNT PAYABLE TO $16,357.56 PER YEAR (INSTEAD OF
$15,097.56 PER YEAR); FURTHER, AUTHORIZING THE PROPER CITY OFFICIALS
TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A LEASE AGREEMENT IN AN AMOUNT NOT TO
EXCEED $1,600.00 PER MONTH WITH DR. GILBERT BERKEN FOR OFFICE SPACE
AT 4 SOUTH FEDERAL HIGHWAY, SUBJECT TO ANNUAL APPROPRIATION
APPROVAL BY THE CITY COMMISSION; AUTHORIZING THE LEASE OF THE
OFFICE SPACE UNTIL SUCH TIIME AS THE CITY IS ABLE TO PROVIDE
PERMANENT OFFICE SPACE; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING AN EFFECTIVE DATE.
ORDINANCES - TITLE TO BE READ BY CITY ATTORNEY -
7.11 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "SHELDON
PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON SW 45T" STREET
BETWEEN RAVENSWOOD ROAD AND SW 24T" AVENUE, IN THE CITY OF DANIA
BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
THE "SHELDON PLAT'; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER
25, "TRAFFIC', OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-
79, "FINES", TO INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO
SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE
VI, SECTION 23-66 "REQUESTS FOR INFORMATION CONCERNING OUTSTANDING
CITY LIENS" OF CHAPTER 23 OF THE CODE OF ORDINANCES TO INCREASE THE
LIEN INQUIRY FEE TO $50.00 PER PROPERTY FOLIO NUMBER; PROVIDING THAT
THE ADDITIONAL CHARGE FOR REQUESTS INVOLVING MORE THAN ONE (1)
HOUR OF CLERICAL TIME SHALL ALSO BE INCREASED TO $50.00; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE
1, CHAPTER 2 OF THE CITY CODE OF ORDINANCES, BY ADDING SECTION 2-1.4
TO ESTABLISH A $100.00 LOBBYIST REGISTRATION FEE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
7.15 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE
AQUATIC MANAGEMENT AGREEMENT EXISTING BETWEEN THE CITY AND
ALLSTATE RESOURCE MANAGEMENT, INC., TO PROVIDE THAT THE COMPANY
WILL PROVIDE AQUATIC MANAGEMENT SERVICES, INC. ("ARMI") FOR LAKE
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CITY OF DANIA BEACH
GEORGE LOCATED IN PLAYLAND ISLES, A RESIDENTIAL COMMUNITY LOCATED
• WITHIN THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the Ordinance titles for Items 7.11, 7.12, 7.13 & 7.14
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to
approve the Consent Agenda with the exception of Item 7.4. 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
Continued from 11/12/03 and 11/25/03 Commission Meetings.
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE STILES
DEVELOPMENT COMPANY, AND THE CITY OF DANIA BEACH RELATING TO THE
MITIGATION OF IMPACTS FOR PROPERTY LOCATED AT 1300 SE 32ND STREET, IN
CONNECTION WITH THE "PHILLIPS INDUSTRIAL PARK" PLAT; SUBJECT TO
CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the resolution by title.
In response to Commissioner Mikes question, City Attorney Ansbro confirmed that he was
satisfied with the language in the agreement and that it covered all types of mitigation under any
circumstances that might involve the County. City Attorney Ansbro reiterated that the
agreement included not only property owned by Broward County, but also property leased by
Broward County.
Attorney Barbara Hall, Greenberg Traurig, representing the applicant, stated that they had
amended the language to address the concerns of the Commission and stated that her client
was prepared to sign it.
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
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
DEDICATION OF LAND AND FEES IN LIEU THEREOF FOR PARKS, OPEN SPACE
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CITY OF DANIA BEACH
AND RECREATION; AMENDING CHAPTER 19 "PLANNING AND DEVELOPMENT,"
• ARTICLE VI "DEDICATION OF LAND FOR PARKS, OPEN SPACE AND RECREATION
AREAS," SECTIONS 19.71 AND 19.72 OF THE CODE OF ORDINANCES TO
PROVIDE FOR DEDICATION OF LAND OR FEE IN LIEU THEREOF WHEN A
BUILDING PERMIT FOR A RESIDENTIAL UNIT IS REQUIRED; PROVIDING FOR
CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Community Development Director, explained that an ordinance had been on
the books for some time requiring developers to pay local park impact fees whenever residential
property was platted. Director Leeds informed the Commission that since Dania Beach was one
of the oldest cities in the county, a large portion of it had already been platted and developers
escaped paying this fee on properties. He reported that staff and the Planning & Zoning Board
were recommending approval.
Mayor Anton opened the public hearing.
Charlene Scalese, 826 NW 13th Avenue, supported the ordinance and stated that these fees
would help the City.
Hearing no one else speak in favor or opposition, Mayor Anton closed the public hearing.
Commissioner Mikes supported the ordinance and felt it was very appropriate that developers
. who profit from development in the City should carry the cost of operating the parks to relieve
the taxpayers of this burden.
Commissioner Flury supported the ordinance and confirmed that the unplatted property
procedure would remain intact. She suggested that in the future the City should set aside
parcels of land to provide passive parks throughout the City.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to
adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call
vote:
Commissioner Chunn —yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes—yes
9.2 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE
2 "DEFINITIONS," AND ARTICLE 28 "SIGNS," TO REVISE AND UPDATE THE CITY'S
SIGN REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Community Development Director, explained that these proposed sign code
changes were recommended by the City Attorney in response to litigation by billboard
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CITY OF DANIA BEACH
companies against municipal sign codes. Director Leeds stated that billboard companies often
asked federal courts to invalidate the city's entire sign code based on minor flaws. Mr. Leeds
said these cases were complex and costly ($50,000 + per case). He advised that the proposed
sign code revisions were intended to protect the City's sign code from this type of litigation. He
stated that the Planning & Zoning Board recommended approval and stressed the need to have
this ordinance approved immediately.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
In response to Commissioner Mikes question, Director Leeds stated once a permit was issued
on a billboard for a specific height, they could not come later and raise the height without
obtaining a permit.
Attorney Susan Trevarthen, City Attorney's Office, confirmed that nothing concerning the
adoption of this ordinance would change the treatment of billboards in current regulations.
Director Leeds reiterated that if someone came in with a permit to raise the height of an existing
billboard, it would be rejected.
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to
adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call
vote:
Commissioner Chunn —yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes—yes
9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND
ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND
LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER
THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS
WITHIN THE CITY AND EXPAND THE ZONING MATTERS SUBJECT TO THE
PROCEDURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Director of Community Development, reminded the Commission of a past
situation where a text change altering parking lot requirements was simultaneously being
considered when a developer was applying for a site plan. He explained that the developer
objected to being imposed with the new requirement since he made application for his site plan
before the change had occurred. Director Leeds stated that this "Zoning in Progress" ordinance
was prepared to avoid this situation. He explained that the text change (raising the parking
requirement, increases the landscape requirement, or changes setbacks) would become
effective at the time it was published for the Planning & Zoning Board Meeting. He stated that
this was a typical ordinance in many municipalities and stressed the necessity for this ordinance
at this time.
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CITY OF DANIA BEACH
In response to Commissioner Mikes question regarding adopting a similar resolution in the past,
. Director Leeds stated that this ordinance would avoid drafting individual resolutions each time
this situation arose.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
Director Leeds clarified for Commissioner Flury that developers would be subject to zoning
changes up to the day before Commission approval if the change had been published.
In response to Commissioner Flury's concern, City Attorney Ansbro assured Commissioner
Flury that each case could be reviewed to determine whether or not imposing the new zoning
code would be fair to the developer.
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the
Ordinance on second reading. The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes—yes
9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER
28 "ZONING," ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.60
"MISCELLANEOUS USES," SUBSECTION 6.64 "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY" OF THE CITY CODE OF
ORDINANCES, TO MODIFY THE THRESHOLD FOR COMPLIANCE WITH THE
STANDARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Community Development Director, explained that current zoning codes along
principal arterial roads, including, but not limited to Federal Highway, Griffin Road, Stirling Road,
and Dania Beach Boulevard required new commercial development additions or renovations in
excess of $10,000 were subject to Principal Arterial Design ("PAD") guidelines. Mr. Leeds
explained that the intent of the ordinance was not to prevent a certain style, but to prevent some
type of "visual disaster." Director Leeds stated that most of the facade renovations currently
occurring along these major arteries were exempt from "PAD" guidelines because they were
less than $10.000. He suggested doing away with the $10,000 requirement. He stated that this
would only apply to projects that faced the street and required a building permit. Mr. Leeds
explained that the guidelines supply flexibility in that either the Commission or staff, depending
on whether or not a site plan review was required, would have the discretion to waive PAD
guidelines. He reported that the Planning & Zoning Board recommended approval of the text
amendment subject to improvements more than $500 and provided sunset after five years and
staff recommended approval with a five-year sunset provision.
Susan Trevarthen, City Attorney's Office, clarified that the ordinance did not include the five-
year sunset provision. She stated that if the Commission desired to include that provision they
could amend the ordinance.
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Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
• Anton closed the public hearing.
Commissioner Mikes felt that the ordinance gave the City more architectural control and didn't
think the five-year sunset was necessary.
Commissioner Flury agreed with Commissioner Mikes, but was concerned that applicants would
be held up with permitting and asked how Mr. Leeds would deal with small projects. She did not
want to see someone with a small project held up in the permit process. Director Leeds assured
Commissioner Flury that they would have criteria established that would enable these decisions
to be made in a timely fashion.
Commissioner Mikes supported the ordinance and suggested a follow up in six months.
Mayor Anton also stated his support of the ordinance and his confidence in the Community
Development staff.
The consensus of the Commission was not to include the five-year sunset provision.
A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to adopt the
Ordinance on second reading as 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
Continued from 11/25/03 Commission Meeting.
9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, SECTION 33-40
"REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO"
OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Director of Community Development, explained the history of the ordinance
and reminded the Commission of their desire to address the issue of existing docks and dolphin
poles. He reported that he added language to the ordinance to reflect the Commission's desire.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt the
ordinance on second 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
MINUTES 11 DECEMBER 8, 2003
CITY OF DANIA BEACH
9.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER
28 "ZONING," ARTICLE 2 "DEFINITIONS" OF THE CITY CODE OF ORDINANCES TO
DEFINE LARGE RETAIL ESTABLISHMENTS; AND AMENDING ARTICLE 6
"SUPPLEMENTARY USE REGULATIONS," SECTION 6.60 "MISCELLANEOUS USES"
OF THE CITY CODE OF ORDINANCES, TO PROVIDE NEW DESIGN AND SITE
DEVELOPMENT REGULATIONS FOR SUCH ESTABLISHMENTS IF LOCATED
WITHIN THE NEW LOCAL ACTIVITY CENTER (LAC) LAND USE DESIGNATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the Ordinance title.
Laurence Leeds, Director of Community Development, explained that staff was working to
provide a new zoning area in downtown (approximately 160 acres). Director Leeds advised that
this ordinance was intended to regulate, and in some instances prohibit, the large retail box
establishments in Downtown Dania Beach. Mr. Leeds further stated that the CRA Plan did not
call for any large, single-user retail establishments but supported the concept of mixed-use
establishments (retail on the ground floor with residential above). He explained that this
ordinance established certain minimum requirements relating to location, appearance, distance
from residential areas, and parking location.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the
ordinance on first 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
9.7 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN TO
CREATE THE LOCAL ACTIVITY CENTER ("LAC') LAND USE CLASSIFICATION;
PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA
STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
b) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP OF THE DANIA BEACH COMPREHENSIVE PLAN TO
DEPICT THE ESTABLISHMENT OF A LOCAL ACTIVITY CENTER ("LAC')
APPLICABLE TO A PORTION OF THE CITY IDENTIFIED IN EXHIBIT "A"; PROVIDING
FOR ADOPTION PURSUANT TO CHAPTER 163, FLORIDA STATUTES; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the Ordinances title.
Laurence Leeds, Director of Community Development, explained that this particular ordinance
amendment had been in the working for almost a year and was intended to reinvigorate
downtown Dania Beach. He stated that other municipalities were looking at it and this process
had involved the South Florida Regional Planning Council, the Broward County Planning
MINUTES 12 DECEMBER 8, 2003
CITY OF DANIA BEACH
Council, the Florida Department of Transportation, the Broward County Commission, the Florida
• Department of Community Affairs, and probably a dozen other state agencies. He reported that
under the current land use plan, two million square feet of commercial and approximately 300-
400 new housing units could be built in downtown. He explained that this was not what the
current CRA Plan had determined for downtown Dania Beach. The Local Activities Center
(LAC) category reduced the amount of commercial by more than one-half and would also
emphasizes new residential dwellings to create a demographic of people who lived right on
Dania Beach Boulevard and Federal Highway who would support the local businesses. He
stated that the intention of the LAC would be to create a community that would be safe, clean,
and attractive. He indicated that staff and the Planning & Zoning Board had recommended
approval, and noted that the City Commission approved this ordinance on first reading back in
February. He also reported that the Broward County Commission recommended approval with
the condition that the City address the issue of school mitigation. He reported that staff felt the
impact on schools would not be significant because most of the units would be hi-rise
developments that would not generally generate a lot of children; however, in order to get this
through, the Broward County School Board staff required the developer to pay a school impact
fee. He also noted that the City was continuing to negotiate with the School Board to have a
guarantee that some of these funds be designated to the City of Dania Beach.
Mayor Anton opened the public hearing for 9.7 a). Hearing no one speak in favor or opposition,
Mayor Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt
ordinance 9.7 a) on second reading. 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
Mayor Anton opened the public hearing for 9.7 b). Hearing no one speak in favor or opposition,
Mayor Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to adopt
ordinance 9.7 b) on second reading. 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
ITEM 9.8 WAS HEARD AFTER ITEM 9.9
9.8 a) VA-80-03 — Request by Paolo's 3's Company, for general landscape variance
adjacent to new parking lot directly west of 242 East Dania Beach Boulevard.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY PAOLO DEFRANCISCI, OWNER OF PAOLO'S THREE'S
COMPANY RESTAURANT, FROM CHAPTER 26, VEGETATION, FOR PROPERTY
LOCATED AT 242 EAST DANIA BEACH BLVD., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
b) SP-81-03 — Request by Paolo's Ts Company, to construct a 20-space parking lot
directly west of 242 East Dania Beach Boulevard.
MINUTES 13 DECEMBER 8, 2003
CITY OF DANIA BEACH
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY PAOLO DEFRANCISCI, OWNER OF PAOLO'S
THREE'S COMPANY RESTAURANT, PROPERTY LOCATED 242 EAST DANIA
BEACH BLVD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney read the resolutions by title.
At this time, City Attorney Ansbro advised that the rest of the agenda 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 matters.
Corrine Church, Principal Planner, explained that the applicant wanted to install a paved parking
area next to a recently approved outdoor seating area on the west side of the existing
restaurant. She stated that the site plan complied with zoning requirements with the exception
that the applicant did not comply with the mix of landscape materials because he had a
preference to palm trees and there was no sprinkler system on the site. She stated that the
proposed paved parking area would be an improvement over the current gravel parking lot.
She advised that the Planning & Zoning Board recommended approval of the variance and site
plan as submitted.
Mayor Anton opened the public hearing.
Beulah Lair, Argonaut Isles, supported Mr. Defrancisci's request to build his parking lot and
stated that he had done a great job improving the property.
Arnold Nearn, representing the Chamber of Commerce, reiterated what Ms. Lair had stated and
supported Mr. Defrancisci's expansion of the parking lot and commended Mr. Defrancisci for
his strong support of the community.
Rose Lizana, 214 SW 2"d Street and publisher of the Dania Beach Press Newspaper, supported
Mr. Defrancisci's request.
Commissioner Mikes asked Mr. Defrancisci to address the Commission.
Paolo Defrancisci, owner of Paolo's 3's Company Restaurant, thanked everyone for their
support.
Hearing no one else speak in favor or opposition, Mayor Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to
adopt the Resolution approving 9.9 a (VA-80-03) and b (SP-81-03). The motion passed on
the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
MINUTES 14 DECEMBER 8, 2003
CITY OF DANIA BEACH
ITEM 9.9 WAS HEARD AFTER ITEM 6.4
. 9.9 VA-79-03 — Request by Michael and Anita Williams for a variance to allow a
reconstruction and expanded garage approximately 19 feet from the front property line
(25 feet required) for property located at 829 Argonaut Isle.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL AND ANITA WILLIAMS, FROM CHAPTER 28,
ZONING, ARTICLE 4, DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND
BULK REGULATIONS FOR PROPERTY LOCATED AT 829 ARGONAUT ISLE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney read the resolution by title.
At this time, City Attorney Ansbro advised that this application under the Public Hearing section
was a Quasi-judicial matter 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 request.
Mayor Anton stated that he had spoken to a neighbor of Mrs. Williams about the request.
Corrine Church, Principal Planner, explained that the variance would allow the conversion of an
existing carport into a two-car garage and that it would require the applicant to encroach onto
the front setback. She stated they would provide a 19-foot setback, whereas the code required
25 feet. She explained that in addition to the expansion of the garage, the applicant wished to
add a new walkway into the front of the dwelling unit. She reported that the garage and roofline
would be finished to match the existing house. Ms. Church referred to an existing palm tree that
might need to be relocated if it was affected by the proposed garage. She stated that the
Planning & Zoning Board recommended approval with the condition that the existing palm tree
was to be preserved in its current position or relocated on-site.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
Anita Williams, the applicant, stated that the palm tree did not seem to be in the way of the
proposed construction, but that if it were they would relocate it. She confirmed that the
neighbors had no opposition to the addition.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt the Resolution approving Variance (VA-79-03) with the condition that the existing
palm tree be preserved in its current position or relocated on-site. 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 9.8 WAS HEARD AFTER ITEM 9.9
9.10 SP-07-03 and VA-08-03 — Request by John Bartley, on behalf of the First Baptist
Church of Dania Holding, Co. Inc., for a site plan approval and variances. Property
MINUTES 15 DECEMBER 8, 2003
CITY OF DANIA BEACH
Located on the east side of SE 2"d Avenue, between Sheridan Street and SE 14th Street.
Laurence Leeds, Community Development Director, explained that staff requested continuance
of these items to allow the applicant more time to resolve outstanding issues.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to
continue Item 9.10 to a future 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
10. COMMISSION COMMENTS:
10.1 Commissioner Chunn wished everyone a Merry Christmas and Happy New Year and
thanked all who were helping others during the holidays.
10.2 Commissioner Flury extended Happy Holiday greetings to all. She urged the public to
attend the December 31st Kick-off Centennial Celebration on the beach (12:00 noon through
midnight).
10.3 Commissioner Mikes wished the community a happy holiday. He also commented on the
need for community involvement on the airport expansion situation. Commissioner Mikes called
attention to the "Friends of the Airport" flyer stating that Dania had received more than one
million dollars in compensation from the County when the truth actually was that over 100 acres
• of property was taken from Dania and the only reimbursement received was for pipes and utility
work. He suggested sending a letter to this group protesting the false information. He noted
that the CAP report showed more and more that the north runway would be the project that
would damage the least number of people for the least amount of money and would provide the
most runways. He mentioned that Congressman Shaw owned 30 acres at the end of the
runway and although he claimed he was not involved, he (in Commissioner Mikes' opinion) was
a major player in favor of the runway expansion.
10.4 Vice-Mayor McElyea wished everyone a Happy Holidays. He also asked the City
Manager to look into the streetlights being out at Dania Beach Boulevard by the Pirates Inn and
another one at the corner of Federal Highway at the beach, which has been out for several
months. He felt it would be an improvement to the area if these lights were fixed.
10.5 Mayor Anton mentioned that some street identification signs were not lit and needed
work. He reminded the public of the meeting on the Airport Expansion on December 9, 2003 at
6:00 p.m. in the Commission Chambers. He stressed the need to get there early. He
announced that the City would provide bus service beginning at 5:00 p.m. and would run
continuously throughout the meeting and large groups should contact Kristen Jones for
transportation. Mayor Anton thanked Commissioner Mikes and Brenda Chalifour for the great
job they had done on the airport expansion. He also wanted to extend to everyone a Merry
Christmas and happy holiday. He thanked the reporters and people of Melaleuca Isles for their
participation in a press conference in his neighborhood that took place earlier in the day.
MINUTES 16 DECEMBER 8, 2003
CITY OF DANIA BEACH
• 11. DISCUSSION AND POSSIBLE ACTION:
11.1 Special request by Gilles Grenier, on behalf of Dairy Belle Ice Cream, for City
Commission approval of covered outdoor seating area associated with an existing
restaurant located at 118 North Federal Highway.(Community Development Department)
Corrine Church, Principal Planner, presented drawings for outdoor seating and explained that
the proposed seating area would be to the east of the existing building and would not be visible
from Federal Highway. She stated that the outdoor seating area existed currently and that the
applicant was requesting to have it covered with an insulated aluminum structure. She
explained that the Zoning code exempted outdoor seating from additional parking if approved by
the Commission. Staff recommended approval provided that the seating area meet ADA
Guidelines and building code requirements as determined by the Building Official, and provided
the new roof color was generally compatible with the principal building. She stated that these
issues would be taken care of during the building permit process.
In response to Commissioner Mikes question about the provision of landscaping, Director Leeds
commented that it would be nice to have additional landscaping in the front of the building, but
the entire parking lot was paved. He suggested that if the Commission wanted to require this
individual to put in planters that they be constructed in the front of the building.
Gilles Grenier, Dairy Belle Ice Cream, agreed to put three or four bigger pots with trees at the
front of the building.
In response to Mayor Anton's question, Director Leeds confirmed that there was a small swale
between the sidewalk and the curb.
Commission suggested putting a cocoplum hedge in that area with the two palm trees currently
in that location.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve
the request with the following three conditions: 1) ADA Guidelines must be met; 2) applicant
would plant a cocoplum hedge in the swale; 3) and applicant to provide two to three planters.
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 sidewalk replacement citywide. (Community Development Director)
Laurence Leeds, Director of Community Development, stated that eventually a sidewalk
workshop might be necessary. He explained that Engineering Consultant Fred Bloetscher did a
preliminary survey of the city sidewalks and estimated that there were 300 to 500 property
owners that would need to replace sidewalks. Mr. Leeds explained how the current code
procedure worked by giving property owners notification to fix the sidewalks by a certain date or
the City would do the work and place a lien for that amount on their property. Mr. Leeds wanted
to have some information from other municipalities on how they handle their sidewalk programs,
but he was unable to get that information from Mr. Bloetscher in time for this meeting.
MINUTES 17 DECEMBER 8, 2003
CITY OF DANIA BEACH
Commissioner Flury asked Mr. Leeds to defer this issue until the information was obtained from
other cities and she expressed concern over the issue of trees breaking up the sidewalks.
Vice-Mayor McElyea stated that property owners would not want to pay the cost of a survey to
have their sidewalks replaced, but would have the City go ahead and do the work for them. He
also clarified that areas where sidewalks had never been constructed were not an issue.
Director Leeds wanted to address Commissioner Flury's Black Olive tree question. He
suggested that if the Commission was concerned over the County Code involving tree roots
destroying sidewalks, that they ask the City Attorney to investigate a way around the Broward
County Code. He explained that as far as the Black Olive tree issue was concerned, a root
barrier needed to be installed to help prevent the tree from breaking the sidewalk and if that did
not work, the trees needed to be replaced with the same type of canopy in the swale.
In response to Commissioner Mikes' question, City Manager Pato confirmed that the City would
put out a bid to a qualified contractor to repair the sidewalks in the various sections of the City.
In response to Vice-Mayor McElyea's question about the tree roots breaking up the street,
Director Leeds advised that the Broward County Code required the homeowner to pay for a root
barrier to protect the street.
Commissioner Chunn stated that residents resented the fact that they had to pay for the
problems that were created by trees that they did not plant.
The consensus of the Commission was to have the City Attorney look at other city codes and
the Broward County code to deal with the issue.
12. APPOINTMENTS:
12.1 Appointment of 1 member to the Civil Service Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF ONE MEMBER TO THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER
SHALL COMPLETE A FOUR (4) YEAR TERM EXPIRING APRIL 1, 2606; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Commissioner Flury appointed Randi Smith, who presently serves as an alternate.
12.2 Appointment of 1 Alternate member to the Code Enforcement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF 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."
12.3 Appointment of 2 members to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF TWO MEMBERS TO THE "MARINE 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'.
MINUTES 18 DECEMBER 8, 2003
CITY OF DANIA BEACH
Commissioner Mikes appointed Mark Lattimer.
12.4 Appointment of 1 member to the Parks, Recreation & Community Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION & COMMUNITY ADVISORY BOARD";
PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON,
MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
12.5 Appointment 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."
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to
adopt all resolutions confirming the 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 commended Attorney Tim Ryan for his recent work to obtain a
$51,000 code settlement on behalf of the City. He announced a public meeting at Frost Park
Community Center at 7:00 p.m. on December 16, 2003, to review and discuss the building plans
for the new community center.
Mayor Anton asked City Manager Pato to express to the employees his holiday greeting at the
Christmas Party on Friday as he would be out of town and unable to attend.
Commissioner Mikes commended City Manager Pato for his efforts on the media campaign
concerning the airport expansion issue.
13.2 City Attorney— NONE
13.3 City Clerk— Meeting Reminder:
December 18, 2003 —Cancelled Charter Review Board Meeting
December 23, 2003 — Cancelled Regular City Commission Meeting
January 8, 2004 @ 7:00 p.m. —Charter Review Board
January 13, 2004 @ 7:00 p.m. — Regular City Commission Meeting
January 15, 2004 @ 6:00 p.m.—Special Meeting (Abatements)
January 15, 2004 @ 7:00 p.m. — Charter Review Board Meeting
January 27, 2004 @ 7:00 p.m. — Regular City Commission Meeting
MINUTES 19 DECEMBER 8, 2003
CITY OF DANIA BEACH
14, ADJOURNMENT
• The meeting adjourned at 9:30 p.m.
OB ANTO
MAYOR-CO MISSIONER
ATTEST:
4MIAM NASSER
ACTING CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: February 24, 2004
•
MINUTES 20 DECEMBER 8, 2003
CITY OF DANIA BEACH