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HomeMy WebLinkAbout1322 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JAN UARY 8, 2002 1. CALL TO ORDER: An Attorney Client session was held in the Conference Room at 6:45 p.m. and Mayor Flury called the regular meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: * Reverend Dilbert D. King, Dania United Methodist Church 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may be made during each Commission meeting during the period set aside for"citizen comments." A thirty (30) minute "citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments period shall begin promptly at 7:00 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)whether to limit the number of,speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. Al Jones stressed his dissatisfaction that BFI did not properly notify people of the times for picking up garbage during the recent holidays as they arrived in the southwest area around 6:00 a.m. and that some residents were not aware and did not place their trash out on time. In addition, he thought that the contract provides for Public Works to pick up garbage left by BFI. He pointed out that bulk trash was left for three months on 7th Avenue until residents called to complain and that these are issues that are outlined in the contract and that service should be provided on an automatic basis. Janice Peterman, 717 SW 4th Terrace, was disappointed that the 25th Year CDBG project was not completed by December 23rd as was promised by the City. She mentioned that the project was not pick up on the streets where it left off and that residents have continued to be inconvenienced by swale areas being torn up and the planting of trees. Janice Peterman advised that a College Gardens Neighborhood Association meeting would be held on January ® 14 at 7:00 p.m. at Attucks Middle School to discuss the project. MINUTES CITY OF DANIA BEACH 1 JANUARY 8, 2002 City Manager Pato advised that one of the minority contractors for the 251h Year CDBG Program • failed to perform according to the bid specifications. At this time, Broward County is not releasing the minority contractor from the project so that another contractor can be hired to finish the project. He pointed out that 85% of the project is completed and that the bureaucratic procedures have paralyzed the City's ability to finish the improvements for the residents. City Manager Pato expected to know more from Broward County on Friday and expected the work to be completed within 3-5 days once Broward County releases the minority contractor from the project. Mr. Pato agreed to attend the College Gardens meeting and provide additional information as needed. Jimmy Peterman, 717 SW 4th Terrace, was of the opinion that the contract documents provide that within 24 hours of swales being torn up that grass is supposed to be planted. He agreed to meet with City Manager Pato at 9:00 a.m. tomorrow morning to discuss the matter. Sylvia Mac, 734 SW 3 Place, advised that her street was the last street where the CDBG project stopped and that she does not want highway sod installed on the easements. She pointed out that trash pick up time was changed by BFI to 7:00 a.m. during the holidays instead of the normal 4:00 p.m.-6:00 p.m. pick up and that the recycling bins have not been picked up for over 3 weeks. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Request by Alfred F. Behrendt, Jr. to hold Dania Marine Flea Market Special Event at the Dania Jai Alai Fronton parking lot from April 4 through 7 and waiver of permitting fee for canopies set up and fire inspection. Laurence Leeds, Growth Management Director, advised that Al Behrendt has requested a waiver of the $1,000 blanket permit fee for the Dania Marine Flea Market event. Mr. Behrendt commented on the economic benefits that the Dania Marine Flea Market provides to the City and over 35,000 people attend from all over the world. He mentioned that they provide BSO and Fire Rescue details for the event to address traffic and safety. Mr. Behrendt clarified that he is only asking for a waiver of fees for the 9 x 10 awnings that do not have any sides or electric connections. He mentioned that the tents with sides are inspected and must adhere to code requirements. Commissioner Bertino stressed the importance of charging all events the same permit fees and pointed out that the City has waived fees for the Dania Marine Flea Market for 24 years and that it might be time for the event to pay the City the required fees. Commissioner Mikes mentioned that the City normally waives fees for non-profit organizations and that the City has even changed the permitted process for the Dania Marine Flea Market event with the blanket permit fee. He was of the opinion that the business should pay the inspection and permit fees based on the profits gained as well as concern for liability on the City should the fees be waived. Discussion followed on some events requiring more inspection review due to electrical connections that may be needed and that permit fees can vary. ® A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the event subject to payment of the $1,000 blanket fee to cover all inspections. BSO and Fire MINUTES CITY OF DANIA BEACH 2 JANUARY 8, 2002 Rescue details to be paid by applicant. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 5.2 BSO-"Deputy of the Month" award to Deputy Carlos Salazar for the month of December. Chief Brian Cowart, BSO, awarded Deputy Salazar with the "Deputy of the Month" award for December 2001 for his efforts to arrest a car thief from Orlando and prevent a possible violent crime from occurring in the City. 5.3 Presentation by Dania Beach Main Street, Inc. of the "It's By Design Award" to Finish Line Feed Store. John Etling and Patty Hart, Design Committee for Main Street, commended Patrick McHugh, Finish Line Feed, for his exceptional improvements to the business along SW 3 Avenue and Stirling Road. Mr. Etling explained that the award had been given to several businesses through the Chamber of Commerce meetings, but Main Street thought it would be better to make the presentations during City Commission meetings. Mr. McHugh was presented with the "Its By Design Award" from Main Street. Mr. McHugh appreciated the award and mentioned that the project was started in 1998 with the FEC rail road. He worked with the City to redesign the building and over $500,000 has been spent on the project. He mentioned that the paving was torn up in the parking lot recently • because the existing sewer line connection collapsed and had to be replaced. Commissioner Mikes mentioned that the Finish Line Feed project is an example of other projects in the City where business owners have agreed to go above and beyond the code requirements to provide additional improvements to their properties, which benefits everyone. Laurence Leeds, Growth Management Director, mentioned that Mr. McHugh was very easy to deal with during the landscaping and construction process, which can be very tedious, and he commended Mr. McHugh for being a very good corporate citizen to the City. ITEM 11.14 WAS HEARD AFTER ITEM 5.3. 6. PROCLAMATIONS: NONE ITEM 7—CONSENT AGENDA—WAS HEARD AFTER ITEM 11.14. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills 7.1 Ratification of bills for the month of October, 2001. Minutes: 7.2 Approval of minutes for December 11, 2001, regular meeting. 7.3 Approval of minutes for May 1, 2000, special meeting. Travel Expenditures: None ® Resolutions: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE MINUTES CITY OF DANIA BEACH 3 JANUARY 8, 2002 CITY MANAGER TO PURCHASE ONE (1) WALLACE & TIERNAN LIME SLAKER FOR THE WATER PLANT IN THE AMOUNT OF $65,615.00 FROM SOLE SOURCE PROVIDER, MOSS-KELLEY, INC., WITHOUT COMPETITIVE 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 A RECORDS MANAGEMENT PROGRAM TO BE ESTABLISHED CITY-WIDE IN ACCORDANCE WITH STANDARDS AND REQUIREMENTS OF THE DIVISION OF LIBRARY AND INFORMATION SERVICES, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT OF THE STATE OF FLORIDA; ESTABLISHING ORGANIZATIONAL POLICIES AND PROCEDURES THROUGH THE CITY CLERK'S DEPARTMENT AS OUTLINED IN THE CITY OF DANIA BEACH RECORDS MANAGEMENT HANDBOOK FOR PROFESSIONAL MAINTENANCE OF ALL CITY RECORDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ADDENDUM: 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING THE AMENDMENT OF ZONING REGULATIONS THAT PERTAIN TO SIGNS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney— None ® A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving the Consent Agenda as presented. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Recommendation by staff on award of bid for Royal Palm trees. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID FOR THE PURCHASE OF 25 ROYAL PALM TREES TO TOTAL QUALITY CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $48,262.50 SUBJECT TO AN AGREEMENT APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes ® Mayor Flury-yes MINUTES CITY OF DANIA BEACH 4 JANUARY 8, 2002 I� 8.2 Recommendation by staff on award of bid for Fire Alarm System. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID FOR THE CITY HALL FIRE ALARM SYSTEM TO SIEMANS BUILDING TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $19,360.00 SUBJECT TO AN AGREEMENT APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO REGULATION AND USE OF WATERWAYS; AMENDING CHAPTER 28, SECTION 33- 4E OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO DELETE THE DEFINITION OF "DOUBLE BERTHING"; TO PROVIDE FOR A DEFINITION OF "RAFTING"; TO PROVIDE FOR AN EXEMPTION TO THE REQUIREMENT THAT A WATERCRAFT DOCKED OR ANCHORED ADJACENT TO • RESIDENTIAL PROPERTY SHALL NOT EXTEND BEYOND THE SIDE PROPERTY LINES OF THE PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor Flury opened the public hearing. Craig Leonard, 345 NE 3 Avenue, and member of the Marine Advisory Board, agreed with the definition provided for rafting and requested that a 48 hour time frame be provided for boats that may encounter malfunction problems and need towing services. He stressed the importance of allowing the City to stay out of the issue of boats encroaching onto other property lines and allow neighbors to resolve their own problems without the City interfering. Hearing no further comments, Mayor Flury closed the public hearing. Commissioner Mikes mentioned that there are residents who do not want boat rentals, however, the majority of the residents seem to agree with boat rentals due to the revenue source they provide. He disagreed with the Affidavit requirement included in the Ordinance and stressed the importance of neighbors being allowed to resolve encroachment problems themselves. Commissioner Mikes mentioned that boaters are having difficulty finding boat rental space and urged the City to support the marine industry in the City. Commissioner Bertino questioned why the Marine Advisory Board and Planning & Zoning Board voted against both text amendments. Mr. Leeds advised that he thought that both boards wanted to stay with the status quo. MINUTES CITY OF DANIA BEACH 5 JANUARY 8, 2002 Mr. Leeds explained that the current Zoning Code prohibits boats placed in canals from • encroaching across side yard setbacks into another property owners yard. The Draft Ordinance formalizes a procedure for a homeowner to record an Affidavit supplying permission for a homeowner to encroach on their property for one year. Mayor Flury wanted to know if a simple written note from the homeowner that would be provided to the City could handle the approval. Attorney Ansbro pointed out that a recorded Affidavit was required to handle situations when properties change hands so that the new owner would know that the boat is allowed to encroach for a full year. Mr. Leeds was agreeable to a written permission without recording; however, he recommended that the form be notarized to show proof that the person signed the document. Mr. Leeds clarified that Code Enforcement must respond to all code complaints. The City Commission generally explained that the following amendment would eliminate Code Enforcement from enforcing the encroachment issue as long as the affected and adjoining property owners agree with the boat encroachment. Should one of the adjoining property owners complain, Code Enforcement would then enforce the encroachment. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, amending the Ordinance in Section 12 (e) by striking the underscored language and adding language stating "unless the adjoining property owners agree to such extension", and deleting all Affidavit requirements. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ® A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Ordinance as amended on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH APPROVING THE REZONING REQUEST FOR PROPERTY LOCATED 803 NW 1ST STREET WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RD-8000 (DUPLEX) TO THE CLASSIFICATION OF OS (OPEN SPACE AND LOCAL GOVERNMENT), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Laurence Leeds, Growth Management Director, advised that a revised Landscape Plan was provided for the property in the backup materials. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. • A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: MINUTES CITY OF DANIA BEACH 6 JANUARY 8, 2002 Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE "TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT" EXECUTED JUNE 28, 2000, WHICH LEASE EXISTS BETWEEN THE CITY AND BROWARD COMMUNITY COLLEGE ("BCC"), PERTAINING TO A PARCEL OF LAND LOCATED WITHIN THE AREA KNOWN AS TIGERTAIL LAKE PARK, INCLUDING A LICENSE FOR NON-EXCLUSIVE USE OF THE LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE AMENDMENT TO THE "TIGERTAIL LAKE LEASE AND LICENSING AGREEMENT" BY THE APPROPRIATE CITY OFFICIALS; AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF BCC TO ENTER INTO AN "OWNER'S AGREEMENT" TO ALLOW FOR THE PROVISION OF WATER SERVICE TO FACILITIES AUTHORIZED TO BE CONSTRUCTED BY BCC; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Manager Pato requested continuance of this Ordinance to the January 22 meeting in order to provide staff an opportunity to review additional information that was recently provided. Mayor Flury opened the public hearing. • Charlene Scalese, 26 NW 13 Avenue, was dissatisfied with the park being utilized by BCC and not being available to the residents. City Manager Pato advised that there are long-term plans to make $1 million in improvements to Tigertail Park and that the residents would have access and use of the park. Mr. Pato agreed to provide further information to Ms. Scalese on the grant project. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing second reading of the Ordinance to January 22, 2002. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes (item continued from 12/11/01 meeting and continuance to January 22, 2002 at the request of the applicant) 9.4 SP-54-01- A Site Plan request by Union N. Bethel for construction of a proposed duplex to be built in existing zoning classification Broward County R-3 Multi-family. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY UNION N. BETHEL, FOR PROPERTY LOCATED • AT 4634 & 4638 SW 32ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES CITY OF DANIA BEACH 7 JANUARY 8, 2002 A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, continuing SP-54-01 to January 22, 2002. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.5 ZA-030-01 - A Zoning Appeal request by Jason Dubow, representing Tommy and Ann Frank, from decision by Growth Management Director that the proposed conversion of a commercial building to single family and personal service use, where 80% of the building is to be used as a single family dwelling, is not permitted in the C-3 General Business District. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY ATTORNEY JASON DUBOW, REPRESENTING TOMMY AND ANN FRANK, FOR PROPERTY LOCATED AT 1409 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the applicant would like to use 25% of the building for business and 75% for residence at 1409 South Federal Highway. The Zoning Code for C-3 has a provision to allow a dwelling unit to be accessory to a business. Mr. Leeds was of the opinion since the proposal proposes over 75% as residential use, the residential use was not accessory to the business, and therefore, the request is not consistent with the C-3 zoning district. Attorney Jason Dubow, Dubow & Dubow, P.A., representing Tommy and Ann Frank and Ann's Mother, Patsy Metlow, d/b/a Psychic Reading by Margo (Item 11.4), explained that the owners would like to make significant improvements to the location and provide a luxury business. Attorney Dubow explained that the theory of an accessory use is that the owners live and work in the same place and that staff has interpreted the accessory use requirement as one limited by a percentage of area designated for commercial as compared to the residential portion. Attorney Dubow advised that modern urban planning theory and general welfare of the community are best served by allowing people to live and work in the same place. Mr. Dubow provided a rendering of the development and stressed the benefits to the City in regards to tax base and improvements to the area. He pointed out that the property is currently vacant and that the proposal would be a major development. Attorney Dubow mentioned that a Palmistry/Fortunetellers license is being requested under Item 11.4 for Patsy Metlow for the site. Mayor Flury opened the public hearing. Goldie Casso asked the approximate square footage of the building. Mr. Dubow advised that the square footage was around 5,000. John Etling spoke in favor of the project. Hearing no further comments in favor or opposition, Mayor Flury closed the public hearing. Commissioner Mikes advised that the City is trying to do more and more comprehensive planning and that the property is located in a commercial corridor and should include MINUTES CITY OF DANIA BEACH 8 JANUARY 8, 2002 commercial uses. Commissioner Bertino agreed that the proposal would actually require rezoning of commercial area to a residential zoning district, which, in his opinion, was not good planning by the City. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to deny the Zoning Appeal. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 11.1 WAS HEARD AFTER ITEM 9.5. ITEM 10 WAS HEARD AFTER ITEM 11.13. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned that a resident complained about having to remove a Black Olive Tree recently and indicated that he was required by the City to install the tree in the first place when he purchased the property from Developer Tommy Esposito a number of years ago. Commissioner Bertino requested that City Manager Pato review and determine if the City made any mandates to require Black Olive Trees to be planted by homeowners. Commissioner Bertino commented on the close proximity of several fortuneteller/palmistry businesses and their being a need to review the City's Code to determine if a spacing requirement could be implemented on these types of establishments. Commissioner Bertino agreed that a visioning session should be conducted and that the City should also meet with the Chamber of Commerce and Main Street to discuss objectives of each organization for the betterment of the City. He thought this would also be in conjunction with discussions on the CRA. 10.2 Commissioner McElyea mentioned that the garbage was picked up early on Christmas Day so that BFI employees could be home with their families in the afternoon. However, he thought there was Ordinance restricting garbage pick up before 6:00 a.m. He mentioned that trash was strewn all over in the downtown area recently, which makes a tremendous negative impact on the City, and asked City Manager Pato to see if the BSO Prison detail could be utilized for the trash pick up. 10.3 Commissioner Mikes suggested that the City look into contracting out the grocery cart pick up and garbage pick up that is tying up Public Works employees. City Manager Pato advised that the City did adopt an Ordinance addressing shopping cart pick by the grocery stores. City Attorney Ansbro advised that the City adopted the similar Ordinance used by the City of Kissimmee and that the Ordinance is being challenged in court, which is why staff has not proceeded using the Ordinance. City Attorney Ansbro agreed to report back on the matter at the January 22 meeting. Commissioner Mikes requested that the City Manager look into replacing the lights on the bridge near Melaleuca Gardens as a safety measure for joggers and to reduce the incident of people dumping trash. MINUTES CITY OF DANIA BEACH 9 JANUARY 8, 2002 • 10.4 Vice-Mayor Chunn expressed his appreciation to those individuals who assisted with distribution of food baskets and toys to those less fortunate during the Christmas Holidays. 10:5 Mayor Flury agreed that a workshop should be scheduled with the Chamber of Commerce and Main Street and that the City should require the grocery stores to pick up the carts at the Public Works Compound. ITEM 12 WAS HEARD AFTER ITEM 10. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by Jay Kodner for approval to renew Auctioneer's license for property located at 45 South Federal Highway. (Staff) A motion was made by Commissioner McElyea, seconded by Mayor Flury, after passing the gavel, to approve the license renewal. The motion was superceded by a motion to table. Commissioner Bertino mentioned that the City has extended Mr. Kodner lengthy periods of time to take the necessary actions to make the improvements to his property because of his illness this past year. Laurence Leeds, Growth Management Director, advised that Mr. Kodner was cited for maintaining illegal signs and was supposed to bring back plans on renovations to the building fagade. Mr. Kodner never submitted the necessary fagade construction plans and has now been re-cited for violation of the sign code. ® A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to table the renewal request to January 22, 2002, in order to provide time for plans to be presented to the Building Department. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.2 Request by Thomas Cimaglia, Dania Auction Gallery, for approval to renew Auctioneer's license for property located at 6 South Federal Highway. (Staff) Patty Hart was available to respond to questions for the petitioners. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the renewal for Thomas Cimaglia for one year. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.3 Request by Nancy Williams, d/b/a Rose, for approval to renew Palmistry/Fortunetellers license for property located at 1410 South Federal Highway. (Staff) A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to • continue the request to January 22, 2002. The motion passed on the following 5/0 roll call vote: MINUTES CITY OF DANIA BEACH 10 JANUARY 8, 2002 • Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.4 Request by Patsy Metlow, d/b/a Psychic Reading by Margo, for approval of a new Palmistry/Fortunetellers license for property located at 1409 South Federal Highway. (Staff) Patsy Metlow, d/b/a Psychic Reading by Margo, explained that she has been doing readings for 42 years in Chicago. Attorney Dubow requested a continuance for 60 days. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing the request for license for 60 days. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.5 Request by Broward Marine East, Inc. for abatement of CEB96-0085 for property located at 750 NE 7 Avenue. (Staff) Mr. Glenn Staub, President of Broward Yachts, advised that Broward Marine was purchased three years by Broward Yachts and that the violations existed with Broward Marine and not Broward Yachts. He was of the opinion that technical mistakes were made with the fire safety ® installations and advised that his company has spend a large amount of money to make sure that the property is in compliance and safe for everyone. He requested that the City Commission abate the lien to $10,000.00 from $37,500.00 accumulated lien amount. A motion was made by Commissioner Bertino to accept the recommendation by the Code Enforcement Board to abate the lien to $37,500.00. The motion failed for alack of a second. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, to abate the lien to $10,000.00 subject to payment within 30 days. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes 11.6 Request by Johnny Nesbitt for abatement of CEB97-0319 for property located at 125 NW 7 Avenue. (Staff) A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing CEB97-0319 to January 22, 2002. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes MINUTES CITY OF DANIA BEACH 11 JANUARY 8, 2002 11.7 Request by Ceresia Darlington for abatement of CEB00-0590 for property located at 813 NW 3 Street. (Staff) Ceresia Darlington explained her inexperience as a landlord and problems she encountered with a disabled tenant. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, accepting the recommendation of the Code Enforcement Board to abate the lien to $3,000.00 from $16,050.00 subject to payment within 30 days. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.8 Request by Veterans Affair for abatement of CEB00-0487 for property located at 279 SW 9 Street. (Staff) Sam Passo, South Palm Realty, representing the Veterans Administration, explained that the violations against the property were started before the Veterans Administration took possession. He mentioned that he attended an Unsafe Structures meeting in November of 2000 and complied with the list of violations. At that time, he was not aware that there were also Code Enforcement Board violations against the property. Once he was aware, he complied with those violations as well. Mr. Passo pointed out that they agree with the $2,500 administrative fee and that the Veterans Administration is exempt from being charged these types of violations. City Attorney Ansbro advised that Attorney Ryan, Code Board Counsel, determined that the Veterans Administration is probably exempt from the violations and that it may not be feasible to take the matter to court. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, accepting the recommendation of the Code Enforcement Board to abate the lien to $2,500.00 from $109,500.00 subject to payment within 60 days. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.9 Request by Ivory and S. McCutcheon for abatement of CEB00-0668 for vacant property located near 200 block of NW 1 Avenue. (Staff) Sean McCutcheon came forward to explain that he inherited the property while he lived out west and that his father, Ivory McCutcheon, was very ill and unable to keep the property maintained. Another person had been given Power of Attorney and did not maintain the property. Once he became aware, he brought the property into compliance within 13 days. City Manager Pato clarified that Arthur Frances was the caretaker of the McCutcheon property and was also the caretaker of the 803 NW 1s' Street property. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, accepting the recommendation of the Code Enforcement Board to abate the lien to half of $39,300.00 or $19,650.00 to be paid within 30 days. The motion passed on the following 4/1 roll call vote: MINUTES CITY OF DANIA BEACH 12 JANUARY 8, 2002 Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner.McElyea-yes. Mayor Flury-yes Commissioner Mikes-no 11.10 Request by Ivory and S. McCutcheon for abatement of CEB00-0666 for vacant property located near 200 block of NW 1 Avenue. (Staff) A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, accepting the recommendation of the Code Enforcement Board to abate the lien to half of $39,300.00 or $19,650.00 to be paid within 30 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 11.11 Discussion of tightening existing ordinances. (Commissioner Bertino) Commissioner Bertino mentioned that the City needs to address certain City Ordinances relating to Adult Entertainment in regards to Swingers Clubs and Bottle Clubs. He mentioned that the City should conform to legal actions taken by other cities who have encountered legal problems as a way of providing a stronger legal position. Commissioner Bertino asked that City Ordinances be enforced by BSO, where enforcement makes sense, now that the City has a new Chief, Brian Cowart. Commissioner McElyea mentioned that BSO is enforcing certain Ordinances while other laws are not being enforced and that all City Ordinances should be enforced. Commissioner Mikes mentioned that problems were encountered when the hours for sale of alcoholic beverages were expanded and that a visioning session should be scheduled to address possible changes to the Code. City Manager Pato agreed to meet with Chief Cowart on the enforcement of City Ordinances and to schedule a visioning session now that the City includes the newly annexed area. 11.12 Discussion of project schedule outlining streets to be paved. (Bud Palm, Public Works/Utilities Director) Continued to 1/10/02 Workshop Meeting. 11.13 Discussion of naming beach to Ocean Park. (Randy Wilkinson, Parks & Recreation Director) City Manager Pato requested a continuance. The City Commission generally agreed to oppose any name change at the beach that did not include Dania Beach and withdrew the request. ITEM 10 WAS HEARD AFTER ITEM 11.13. ITEM 11.14 WAS HEARD AFTER ITEM 5.3. 11.14 Discussion and possible endorsement of Resolution supporting widening of Sheridan Street. (Staff) MINUTES CITY OF DANIA BEACH 13 JANUARY 8, 2002 • Laurence Leeds, Growth Management Director, advised that the widening of Sheridan Street has been discussed on several occasions and that the current proposal identifies three different alignments: 1) Southern Alignment; 2) Northern Alignment; 3) Central Alignment. The Northern Alignment, supported by the City of Hollywood, effects properties that directly abut the north side of Sheridan Street between Dixie Highway and east of US 1. The first tier of lots that directly abut Sheridan Street would be used for the expansion of the roadway and for a retention area Nick Danu, Florida Department of Transportation, presented a drawing on the widening of Sheridan Street and encouraged attendance at the public hearing. Mr. Danu advised that the preliminary report was provided to staff and that another report would be provided for the City Commission to review tomorrow. Commissioner Bertino stressed his concern for the loss in tax base that the City may suffer with the approval of the Northern Alignment. Mr. Danu mentioned that FDOT was expected to take the entire lots needed on US #1. He pointed out that revitalization would be provided with the expansion project and that FDOT is completing the project in accordance with a long-term Transportation Plan approved by the Broward Metropolitan Planning Organization. Commissioner Bertino requested that Mr. Danu present the following concessions to FDOT as a way to soften the impact on the City from the loss in tax base with the Northern Alignment: ➢ Take the entire lots designated at US #1 and provide the City with landscaping improvements for an entryway into the City with brick pavers, berms and landscaping with the understanding that the areas would be maintained by the State. ➢ Provide the City with an Easement for drainage purposes subject to a restriction that the area not be converted for additional roadway in the future; Mr. Danu requested that the City Commission provide their questions and requests to Mr. Leeds so that FDOT could address the issues at the January 31s' Public Hearing. ITEM 7—CONSENT AGENDA—WAS HEARD AFTER ITEM 11.14. ITEM 12 WAS HEARD AFTER ITEM 10. 12. APPOINTMENTS: 12.1 Appointment of 2 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.2 Appointment of 1 member to the Budget Advisory Board. • "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND MINUTES CITY OF DANIA BEACH 14 JANUARY 8, 2002 AFFIRMING .THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY • BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3 Appointment by Commission of one (1) Alternate member to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A THREE-YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.4 Appointment of 6 members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury advised that Gary Garofalo, Chairman of the Dania Economic Development Board, wrote a letter requesting that the City Commission make appointments to the board so that meetings could be held. She requested that the City Commissioners be prepared to make • appointments at the January 22 meeting. 12.5 Appointment of 1 member to 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 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.6 Appointment of two (2) members to I.T. Parker Community Center Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER COMMUNITY CENTER ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes appointed Cindy Calhoun to the I.T. Parker Community Center Advisory Board. Mayor Flury requested that Randy Wilkinson, Parks & Recreation Director, schedule a meeting with the four members on the I.T. Parker Community Center Board to establish criteria for the board. • 12.7 Appointment of 2 members to the Marine Advisory Board. MINUTES CITY OF DANIA BEACH 15 JANUARY 8, 2002 • "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Bertino appointed Zen Mierzwa to the Marine Advisory Board. 12.8 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE TO THE NUISANCE ABATEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO-YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.9 Appointment of 1 member to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." • A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to adopt all resolutions approving the appointments as submitted. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato advised that Senator Geller is scheduled to meet with the City Commission on January 15, 2002, at 4:30 p.m. to discuss the forthcoming legislative session. City Manager Pato advised that the City of Hollywood has selected March 19 at 6:15 p.m. for the Joint Meeting, which will be held at the Orange Brook Country Club. City Clerk Johnson requested that the City Commission advise her of any agenda items that they wish to discuss at the Joint Meeting so that a determination can be made on attendance of additional staff. City Manager Pato advised that the Broward League of Cities is requesting to hold a workshop meeting to discuss Resource Recovery. Commissioner Mikes explained that the Broward League is trying to set up the County into a district for Resource Recovery to stop the shipment of waste outside the County. He did not • believe that this would be beneficial to the City and that the City's garbage stream is committed to Pembroke Pines. City Manager Pato agreed to obtain further information from the Broward MINUTES CITY OF DANIA BEACH 16 JANUARY 8, 2002 League and report back if any information were to change. 13.2 City Attorney- No Comments 14. ADJOURNMENT This meeting adjourned at 10:45 p.m. 14�e__ A PAT FLURY MAYOR-COMMISSIONER ATTES �J CHARLENE JOHNS CITY CLERK Approved: February 12, 2002 MINUTES CITY OF DANIA BEACH 17 JANUARY 8, 2002