Loading...
HomeMy WebLinkAbout1327 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JAN UARY 22, 2002 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Richard Austin, First Baptist Church of Dania 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. McElyea City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson Absent: Commissioner: Bob Mikes 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. 4.1 Connie Coutour, 614 Trafalger Court, urged the public to attend a Town Hall meeting sponsored by the Broward County Audubon Society on January 24, 2002, from 7:00 to 9:00 p.m. at the Anne Kolb Nature Center, West Lake Park, Main Auditorium. Representatives from the Broward County Airport Authority and environmental consultants will be making a presentation on plans for expansion of the Fort Lauderdale-Hollywood Airport and will respond to citizens' questions regarding environmental impacts. MINUTES CITY OF DANIA BEACH 1 JANUARY 22, 2002 4.2 Jay Field, Chair of the Airport Advisory Board, expressed the importance of the public attending the January 24th meeting as mentioned by Connie Coutour on the airport expansion. He advised that there may be a publication in the Federal Register on another proposal draft of the EIS (Environmental Impact Statement) in February. Mr. Field mentioned that the Broward County Aviation Department expects to begin the installation of the entrance sign on US 1 in February and he urged the City Commission to view the concept design plans to ensure there are no problems. 4.3 Sara Blanchard came forward to explain the problems ongoing in her neighborhood with drugs and crime and was of the opinion that the street closures should be removed from 4th Avenue to Sheridan Street. 4.4 Teddy Bohanan stated that she had been fighting drugs in the southwest section for five years. She pointed out that the drug problems mentioned by Sara Blanchard have been ongoing for years and that the street closures are not the problem. She mentioned that the street closure program is in the temporary stage and that the program needs the six-month period to determine its effectiveness. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Lori Parrish, Broward County Commission. Lori Parrish, Chair of the Broward County Commission, requested that the City of Dania Beach consider an appointment of a union representative, administrative member or elected official on the Broward County Fire Rescue Task Force. Commissioner Parrish stated her commitment to • the City of Dania Beach and advised that she would be visiting each city in an effort to improve communication between the cities and county. Mayor Flury requested that Commissioner Parrish research the expiration date of the Broward County lease for the Dania Beach Branch Library located at the Citibank Building, 255 East Dania Beach Boulevard, so that Broward County could provide a permanent free-standing library in the City. Commissioner Parrish agreed to look into the matter. Commissioner Bertino opposed Broward County's plans to build a Commerce Center on taxpayers land and with taxpayer funds in relation to the airport expansion based on imposing competition with existing businesses. Commissioner Bertino supported the rail system proposed by Broward County that would tie in the airport and seaport with a spur to Dania Beach. Commissioner Parrish mentioned that the plans as presented by Broward County consultants were based on a vision. She pointed out to Commissioner Bertino that revenues would most likely not be available for the plans as presented based on current economic difficulties as a direct result of September 111h and that Dania Beach would be brought into the process before any final plans were approved. 5.2 Presentation of "General Employee of the Month" award for January 2002 to The Dania Beach Marine Rescue Division. Randy Wilkinson, Parks & Recreation Director, explained that a plane crash occurred on January 1st at Dania Beach during the time that the City was holding the Orange Bowl "Patch MINUTES Is CITY OF DANIA BEACH 2 JANUARY 2Z 2002 Party". The Dania Beach Marine Rescue Division was fortunately present and had it not been for their professional training, four of the victims would not have survived. The following were presented with Certificates of Appreciation and commended for their efforts to rescue the crash victims: Captain Glenn Morris Javier Canut Peter Fournier Ed Hanson (unable to attend) John Ocanto Mark Quellette Item 5.4 was heard after Item 5.2. 5.3 Commendations by Fire Rescue Department. Ken Land, Fire Chief, explained that the coordinated effort of the rescue of the victims in the plane crash at Dania Beach on January 1s`took place in total darkness, 200 yards off shore and five foot seas. In addition, the Fire Rescue Department responded to calls for an auto accident, heart attack and a fallen victim during the original incident. He mentioned that the mutual aid agreements with Fort Lauderdale, Hollywood and Broward County were instrumental in saving the lives of four people: The following Dania Beach Fire Rescue Personnel were awarded: Michael Dara Tim Harrigan ® Pete Heng Al Lavina Bruce Liem Todd Neal Jim Petruzzelli Darren Sullivan Bruce Caruso Michael Cassano Michael Cassano, Incident Commander, commended City Manager Ivan Pato, Fire Chief Ken Land and BSO Chief Brian Cowart for their leadership and communication at the water line during the incident that was instrumental in the success of the rescue. 5.4 Presentation to Robert Anton, previous BSO Chief for District II. City Manager Pato and Mayor Flury presented Robert Anton with a plaque for his outstanding services to the City and wished him well in his retirement. 5.5 Kathy Dibona, Principal, presentation of awards for holiday support for Dania Elementary School. MINUTES • CITY OF DANIA BEACH 3 JANUARY 22, 2002 Kathy Dibona, Principal of Dania Elementary School, was very pleased to present • commendations and dolphin awards to the following individuals and groups for their efforts to help the children of the community: Red Hot Krewe (70 members) Dania Lyons Club members Mayor Flury for donating two trees and plaques for Environmental Teacher of the Year and Principal Kathy Dibona, Dania Elementary School City Attorney Thomas Ansbro for his support Stan Pearlmutter, ABC Thrift, for clothes Jim Lynch and Sammie Johnston, AMOS, for providing Santa's gifts for the children Mary Murray, President, and all the members of Children's Benevolent Association AMO (American Maritime Officers) BSO Chief Brian Cowart, City Manager Ivan Pato and Deputy Richard Tarrant, and previous Chief Robert Anton Randy Wilkinson, Parks & Recreation Director, and Mardie Holloway, Parks Coordinator, for their efforts to help Dania Elementary School. Mayor Flury pointed out the importance of recognizing individuals for helping the children in the community and extended a special appreciation to Principal Kathy Dibona for her tireless efforts. 5.6 Ridin' Out/Boomers Special Event. Laurence Leeds, Growth Management Director, explained that Tonya Traylor, President of Ridin • Out, Inc. is requesting to hold contemporary exhibition car events at Boomers on a monthly basis through December, 2002 with hours from 10:00 a.m. to 7:00 p.m. or 7:00 p.m. to 12:00 a.m. Mr. Leeds advised that he received a letter confirming that no alcohol would be served. In addition, a hydraulic exhibition of low-rider vehicles, may take place on 1st Street, which is a public road. Mr. Leeds had no objection, subject to review and modification of the approval, at any time, by the Fire Department, BSO and City Manager. City Attorney Ansbro recommended that adequate liability insurance be supplied to protect the City and that the event take place on a closed off road. Ms. Traylor advised that the events would take place in the open field in front of the roller coaster at Boomers, aka/Grand Prix Race- O-Rama. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to approve the Ridin Out event with the understanding that no City right-of-ways would be utilized, that the City Manager, Fire Chief and BSO Chief may alter the event, at any time in the future, for public safety and health purposes, and that additional BSO and Fire Rescue details be hired to cover the safety aspects of the event. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes MINUTES . CITY OF DANIA BEACH 4 JANUARY 2Z 2002 ITEM 11.1 WAS HEARD AFTER ITEM 5.6. • ITEM 5.7 WAS HEARD AFTER ITEM 11.1. 5.7 Broward County Land Preservation Program. Laurence Leeds, Growth Management Director, explained that the City was presented several sites by Broward County on June 16, 2001, as a result of the Broward County Land Preservation Bond Program. Broward County requires confirmation from the City on whether it would be willing to assume management responsibilities of Sites 137, 299A and 143. Mr. Leeds provided drawings and described the location of each site. Scott Parker, Broward County Department of Planning, was present to advise the City Commission that Broward County would attempt to acquire the sites and provide 15% of the purchase price to cover initial restoration and stabilization of the site. Once a willing seller is attained, appraisals of the property would be conducted. Mr. Parker stated that the City needs to confirm whether or not they wish to assume the ongoing maintenance of the properties should Broward County acquire the lands. Site #137 (6 acres) Randy Wilkinson, Parks & Recreation Director, advised that Site 137 could be used as a passive park and would require basic maintenance costs on the City. Commissioner Bertino expressed concern for security of a wooded site and City Manager Pato advised that he would request BSO to patrol the area. OA motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to assume site management responsibilities of Site 137. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Site #299 A (1.88 acres) Laurence Leeds advised that 299A was previously owned by the Audubon Society and that Site 299B was approved for a hotel development. Mr. Parker advised that sites are only pursued as long as there is a willing seller and that 299A and 299B are close to other sites to the southeast that Broward County is attempting to acquire. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the acquisition and management responsibilities of Site 299A. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES 0 CITY OF DANIA BEACH 5 JANUARY 2Z 2002 Commissioner McElyea-no Mayor Flury-yes Site #143A (10 acres) Commissioner McElyea suggested that the parcel would be a good location for a park for the residents in the newly annexed area. Commissioner Bertino clarified with Mr Parker that the entire 10 acres would be acquired by Broward County or Broward County would not pursue the site. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the acquisition and management responsibilities of Site 143A. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 6. PROCLAMATIONS: 6.1 Proclamation declaring January 23, 2002, "South Florida Senior Games Day" in the City of Dania Beach. City Manager Pato read the proclamation in its entirety. ITEMS 7.4 AND 7.7 WERE PULLED FROM THE CONSENT AGENDA. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills 7.1 Approval of bills for the month of November, 2001. Minutes: 7.2 Approval of minutes for January 8, 2002, regular meeting. Travel Expenditures: None Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-125, WHICH RESOLUTION AMENDED ITS GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN REVENUE ESTIMATES AND BY BORROWING $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND, SO THAT THE LOANS OF $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND TO THE GENERAL FUND ARE RECLASSIFIED AS INTERFUND TRANSFERS, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . MINUTES CITY OF DANIA BEACH 6 JANUARY 2Z 2002 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, • FLORIDA, SUPPORTING MUNICIPAL HOME RULE POWERS AND AUTHORITY FOR MUNICIPALITIES TO PROVIDE FIRE AND EMERGENCY MEDICAL SERVICES THEY DEEM TO BE IN THE BEST HEALTH, SAFETY AND WELFARE OF THEIR CITIZENS; OPPOSING CONSOLIDATION AND MERGER OF FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WITHOUT FULL CONSULTATION WITH AND APPROVAL OF MUNICIPAL PROVIDERS IN BROWARD COUNTY; SUPPORTING AND ENCOURAGING ON-GOING MUNICIPAL COOPERATION IN THE DELIVERY OF FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; PROVIDING THAT COPIES OF THIS RESOLUTION BE FORWARDED TO THE BROWARD COUNTY COMMISSION AND: ALL MEMBERS OF THE BROWARD COUNTY STATE LEGISLATIVE DELEGATION; ENCOURAGING OTHER CITIES IN BROWARD COUNTY TO ADOPT SIMILAR RESOLUTIONS; PROVIDING AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney— 7.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ORDINANCE NO. 2001-034, WHICH ADOPTED THE FLORIDA BUILDING CODE, BY AMENDING SECTION 4 OF THE ORDINANCE TO REVISE ITS EFFECTIVE DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Vice-Mayor Chunn, seconded by Commissioner Bertino, approving the Consent Agenda with the exception of Items 7.4 and 7.7. . The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE AND TRASH REMOVAL SERVICES AT DANIA BEACH INCLUDING PARKING LOT AND LITTER PICKUP; PROVIDING THAT THE THIRD AMENDMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2001; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino clarified with Randy Wilkinson, Parks & Recreation Director, that there are no changes in the agreement since 1995 other than a 7.9% increase in the CPI (Consumer Price Index) from $39,165 to $42,100 in accordance with terms of the agreement. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES CITY OF DANIA BEACH 7 JANUARY 22, 2002 Commissioner McElyea-yes Mayor Flury-yes • 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM, PROVIDING THAT THE NUMBER OF YEARS REQUIRED TO BECOME VESTED IN THE RETIREMENT SYSTEM BE REDUCED FROM TEN (10) TO EIGHT (8); PROVIDING THAT PARTICIPATION IN THE DEFERRED RETIREMENT OPTION PLAN (DROP) BE INCREASED FROM FIVE (5) TO SEVEN (7) YEARS AND THAT THE MAXIMUM TOTAL OF CREDITABLE SERVICE AND DROP PARTICIPATION BE INCREASED FROM THIRTY (30) TO THIRTY-TWO (32) YEARS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Mayor Flury supported the 8 year vesting, which would be consistent with the General Employees' Pension System, however, she did not feel that there was any rational to increasing the DROP from 5 to 7 or maximum credited service from 30 to 32 years. Ken Land, Fire Chief, was of the opinion that the changes in the plan were part of the collective bargaining agreement and were only housekeeping matters. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Ordinance on first reading with the understanding that the Fire Collective Bargaining Agreement would be reviewed to ensure the items were part of the negotiation process. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: • Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-no 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: (Second reading Continued from 1/8/02) 9.1 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 MINUTES CITY OF DANIA BEACH 8 JANUARY 2Z 2002 SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. He explained that.BCC cannot obtain water service across the tracks unless they connect to Broward County and that Bud Palm, Utilities/Public Works Director, had no problem with the water connection. However, Mr. Palm has provided a memo stating his objection to a septic tank system being used near Tigertail Lake. City Manager Pato advised that Bud Palm is on vacation and that he is against any septic system for health purposes. City Attorney Ansbro explained that the City could provide sewer service to BCC as long as BCC pays the costs associated with connecting into the City's sanitary sewer system on the east side of the tracks. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. City Manager Pato agreed to contact BCC to let them know the City's concerns and to invite a representative to the next meeting. Commissioner Bertino requested that staff clarify with BCC that they do not have exclusive use of Tigertail Park as part of the lease and that they would not be able to pull boats up on the beach and block use of the beach or the lake by residents. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, continuing second reading of the Ordinance to February 12, 2002. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 9.2 ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "SCHOONER RIDGE PLAT", SUCH PROPERTY BEING LOCATED AT NORTH OF SW 45T" STREET, WEST OF SW 30TH AVENUE, AND EAST OF SW 30TH WAY IN THE CITY OF DANIA 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 "SCHOONER RIDGE PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) At this time, City Attorney Ansbro advised that the items under the Public Hearing section are Quasi-judicial matters and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. Commissioner Bertino advised of his communications with the petitioner. MINUTES CITY OF DANIA BEACH 9 JANUARY 22, 2002 • Laurence Leeds, Growth Management Director, explained that John Ligotti is proposing a single-family gated community containing 20 single-family lots and that the property abuts single-family homes to the west and south. Mr. Leeds explained his recommended conditions and mentioned that Mr. Ligotti did not wish to dedicate the subdivision roads as public streets. Mayor Flury opened the public hearing. James Cashio, 3069 SW 451h Street, advised that he spoke with Mr. Ligotti and that Mr. Ligotti has agreed to build the wall 5 feet back from the property line in order to provide a larger radius for the Fire Department to turn around and to repave the existing road. Mr. Leeds explained that the area described by Mr. Cashio is private land and that it would not show up on the plat. However, he agreed that the City Commission could include a condition to the plat approval that Mr. Ligotti would reduce the size of his plat by 5 feet to provide additional roadway to the property to the west. Beulah Lair opposed the idea of gated communities and was of the opinion that trees and shrubbery add a more attractive appearance to properties. Discussion followed with the City Commission in regards to a full site plan for the project being brought back for approval. Mr. Leeds advised that with a single-family plat there would be no requirement to come back with a full landscaping and site plan as the petitioner only has to obtain building permits for each lot. Jay Field expressed concern that a site plan would not cover the whole project or describe how Is the wall would be built. In addition, he suggested that the interior private roads be designated as public road. Mr. Leeds indicated that site plan could be required if made a condition of plan approval by the City Commission. John Ligotti stated that developments require more security these days and requested that the City Commission allow him to retain the roads inside the development as private. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Ordinance on second reading with the understanding that the petitioner would bring back a full site plan for the wall and landscaping for the entire project to be approved by the City Commission prior to issuance of any building permits, that the interior roads shall remain private, and subject to the following conditions identified as a,b,c, e, and f: a) Minimum 50 foot right-of-way on SW 45 Street from the south east corner of the Plat to the west side of SW 30th Way. Pavement cross-section in this area to be 24 feet wide or as determined by the Public Works/Utilities Director. The Public Works/Utilities Director shall attempt to obtain additional right-of-way to widen SW 45 Street to 50 feet wide between the plat and SW 30th Avenue. MINUTES • CITY OF DANIA BEACH 10 JANUARY 2Z 2002 b) Minimum 25 foot wide right-of-way on SW 45 Street (west of SW 30th Way) to the south west corner of the plat. c) SW 45th Street improvements shall be completed concurrently with the installation of new subdivision streets. d) Waived e) Pending the Public Works/Utilities Director obtaining additional right-of-way to widen SW 45th Street to 50 feet wide between the plat and SW 30th Avenue, the applicant shall install additional paving and sidewalks to maintain continually between the new plat and SW 30 Avenue. f) Applicant shall obtain written approval from the Public Works/Utilities Director before submitting the plat to Broward County. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes (Item continued from January 8, 2002 at the request of the applicant) 9.3 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. Laurence Leeds, Growth Management Director, advised that the applicant presented the City with a letter requesting withdrawal of the application at this time. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, withdrawing SP-54-01 at this time. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 9.4 SP-91-99- Landscape amendments to the Dania Beach Boulevard Publix Site Plan. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CERTAIN LANDSCAPE ITEMS ON SITE PLAN (SP-91-99), APPROVED BY RESOLUTION NO. 2000-047, ADOPTED MARCH 28, 2000, FOR THE PUBLIX SUPERMARKET/SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER MINUTES CITY OF DANIA BEACH 11 JANUARY 2Z 2002 OF EAST DANIA BEACH BOULEVARD AND SE 5T" AVENUE, DANIA BEACH; ® PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the site plan for the Pubix located at Dania Beach Boulevard and SE 51h Avenue was approved over a year ago subject to 21 conditions and an extensive landscape plan. Publix is now requesting to substitute 12 foot high Mahogany Trees, Florida Grade No 1, for 14-foot high trees specified on the plan. Publix also wished to plant the existing trees that are at least 30 feet tall along the perimeter of the site along SE 5th Avenue and Dania Beach Boulevard, and plant smaller Royal Palm Trees with 6 feet Greywood in the front of the store. Kathryn Moorhand, Landscape Architect for Publix, explained the difficulty of finding 10 foot high Greywood Royal Palm trees Florida Quality No. 1 and that Publix would be planting larger palm trees along Dania Beach Boulevard and SE 5 Avenue with upgraded to 18 to 20 foot Greywood Palms. Ms. Moorhand advised that Publix is not skimping on the quality of the palm trees and that they are only changing the size of trees based on what is currently available. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the resolution amending certain landscape items on site plan (SP-91-99), approved by resolution No. 2000-047, adopted March 28, 2000, as presented by Publix Supermarket. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Laurence Leeds, Growth Management Director, reported that Walgreens had been asked to post a $2000 bond for each of the anemic Royal Palm trees located at 51h Avenue and Sheridan Street so that the City would have a $14,000 bond until the trees show signs of blossoming. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned that he was not able to attend the Martin Luther King Day parade because he was scheduled to have a body-scan at his doctors direction. 10.2 Commissioner McElyea — no comments 10.3 Commissioner Mikes —absent 10.4 Vice-Mayor Chunn advised that representatives from the City of Hollywood and the City of Dania Beach and BSO are going to meet jointly on Friday, January 25th at 6:30 p.m. at the police substation across from Kings Market to conduct a visual march against drugs in the area. Commissioner Bertino was concerned that the City Commission may take action on this issue in the future and that there may be a violation of the Sunshine Law if the meeting is not noticed. City Attorney Ansbro advised that the City Commission could attend these types of events and MINUTES CITY OF DANIA BEACH 12 JANUARY 22, 2002 that it was not necessary to post a notice. However, City Clerk Johnson was asked to post a notice at City Hall for the event. 10.5 Mayor Flury requested that the city manager invite AT&T to a workshop meeting to see if there is a way to get better camera coverage during the City Commission meetings. Mayor Flury commended the Parks Department and all of those individuals who helped to make the events of the Martin Luther King celebration such a success. Mayor Flury recognized the individuals who participate in the COP (Citizen On Patrol) programs and Sophie Steele and members of the Turn Around Dania Beach for their drug fighting marches. At the request of Mayor Flury, a motion was made by Commissioner Bertino, seconded by Vice- Mayor Chunn, to appoint Fire Chief Ken Land and City Manager Ivan Pato, as backup, to the Broward County Fire Rescue Task Force. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes ITEM #11.2 WAS HEARD AFTER ITEM 10.5. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 5.6. (Continued from January 8, 2002) 11.1 Request by Jay Kodner for approval to renew Auctioneer's license for property located at 45 South Federal Highway. (Staff) Laurence Leeds, Growth Management Director, advised the City Commission that Mr. Kodner was approved for a Sign Adjustment well over a year ago and that he has not yet complied with the conditions associated with the original Sign Adjustment approval. Mr. Leeds pointed out that Mr. Kodner also has the option of replacing the sign with a sign that meets code to resolve the matter. Commissioner Bertino confirmed with City Attorney Ansbro that the City Commission could require the conditions to the Sign Adjustment to be met before issuance of the Auctioneer's License. Jay Kodner mentioned that his illness with Legionaire's disease over this past year has created the delay and that he has always been a responsible business owner in the community by improving four (4) properties within the City. Mr. Kodner advised of a meeting held with Mark Siever, his Architect, recently and assured the City Commission that he expected final drawings of the front building to be provided to the Building Department by the end of next week. Mr. Kodner requested that he be issued the Auctioneer's License with the understanding that the City could pull the license at any time. MINUTES CITY OF DANIA BEACH 13 JANUARY 22, 2002 Mr. Leeds clarified that the City Commission needs to require Mr. Kodner to complete the work . in order to resolve the Sign Adjustment issues. Mr. Leeds stated that Mr. Kodner cannot conduct auctions without the issuance of his license. City Manager Pato pointed out that there is no consistency in Mr. Kodner's actions to assure the City Commission and staff that he intends on completing the building improvements and comply with Code. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, extending Jay Kodner for a 30-day period in order to provide him the option of modifying the two signs in order to comply with Code or the option of submitting drawings to the building department and complying with all conditions of the Sign Adjustment before further action is taken on the issuance of the auctioneer's license. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes ITEM 5.7 WAS HEARD AFTER ITEM 11.1. ITEM #11.2 WAS HEARD AFTER ITEM 10.5. (Continued from January 8,2002) 11.2 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 Vice-Mayor Chunn, approving the renewal for Nancy Williams with the understanding that the City's Ordinance would be reviewed to see if Palmistry/Fortunetellers Licenses could be limited in the downtown area to reduce proliferation of the use. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes City Attorney Ansbro advised that his office is researching the issue and would be reporting back to the City Commission. (Continued from January 8, 2002) 11.3 Request by Johnny Nesbitt for abatement of CEB97-0319 for property located at 125 NW 7 Avenue. (Staff) Ken Koch, Building Official, explained that Johnny Nesbitt did make the repairs back in 1997 within six weeks of the Code Board hearing, however, he did not notify the City to make a reinspection, which caused the lien to amount substantially to $40,650.00. Based on Mr. Nesbitt being able to prove that the repairs were made within the six-week period, the Code Enforcement Board recommended an abatement to $1,000.00. MINUTES CITY OF DANIA BEACH 14 JANUARY 22, 2002 . Attorney Lisa Stewart, on behalf of Mr. Nesbitt, explained that Mr. Nesbitt did not understand that he was required to schedule a reinspection of his property due to a literacy problem and that he did not live at the property at the time. Attorney Stewart advised that Mr. Nesbitt encountered problems with a tenant and that he did complete the repairs as requested by the City back in 1997. Commissioner Bertino was concerned that the City might be sending the wrong message to other persons who might think they can use the lack of calling for an inspection as an excuse due to language or literacy problems. City Attorney Ansbro advised that there is no right to an abatement and that it is purely up to the City Commission to take whatever action they desire. Mayor Flury stated the need for landlords to ensure that rental properties are maintained and that the City should not have to send Code Enforcement out to remind landlords to maintain their properties. A motion by Vice-Mayor Chunn to remove the lien entirely failed for lack of a second. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, abating CEB97-0319 to $1,000.00. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-no Commissioner McElyea-yes Mayor Flury-yes Commissioner Bertino stated, for the record, that this was a specialized case where literacy was a consideration, however, he did not want the general public to think that Code Enforcement liens would be waived for lack of calling for reinspections. 11.4 Request for reconsideration of abatement of CEB00-0685 by William Steven Garrett for property located at 36 SW 16 Street. (Mayor Flury) Mayor Flury asked the City Commission if they had a desire to reconsider CEB00-0685. No action was taken by the City Commission to reconsider. 11.5 Discussion of having architectural renderings made of concepts of US 1 Bridge/Railroad Dania Canal Crossings. (Commissioner Mikes) Continued to February 12, 2002. 11.6 Discussion of supervision of Dismas Half-way House operation. (Commissioner Mikes) Continued to February 12, 2002. 12. APPOINTMENTS: (SEE ITEM 12.4) 12.1 Appointment of two (2) members to the Airport Advisory Board. MINUTES • CITY OF DANIA BEACH 15 JANUARY 22, 2002 • `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 one (1) member to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND 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 six (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 appointed Robert Champlin, 42 SW 6 Street, to the Dania Economic Development Board. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to adopt a resolution approving the appointment of Robert Champlin to the Dania Economic Development Board. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 12.5 Appointment of one (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 MINUTES • CITY OF DANIA BEACH 16 JANUARY 2Z 2002 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 one (1) member 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." 12.7 Appointment of one (1) member to the Marine Advisory Board. "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." 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 two (2) members 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." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato reminded the City Commission and public of the following upcoming meetings: February 19-Workshop-4:30 p.m.- Chamber & Main Street March 19-Joint Dinner Meeting at 6:00 p.m. with the City of Hollywood at Orangebrook Country Club. January 24 Airport Meeting between 7:00 p.m.-9:00 p.m. at Anne Kolb Nature Center. January 29-31- Broward Days in Tallahasee MINUTES . CITY OF DANIA BEACH 17 JANUARY 2Z 2002 January 28 7:00 p.m. Public Hearing for 281h Year CDBG Program • 13.2 City Attorney Ansbro mentioned that he was notified by a Staff Attorney for the Florida League of Cities in regards to an amendment to a Bill removing community input for the installations of FPL substations. Attorney Ansbro mentioned that the City of Dania Beach won a lawsuit with FPL a number of years ago based on a Special Exception use, which halted the substation from being built on Sheridan Street. Mr. Ansbro advised that the power companies, through lobbyists, are able to propose amendments through committees where the amendments can actually become law. He mentioned his efforts to contact Representative Tim Ryan, Senator Geller, Broward County Bar Association and Miami-Dade County, City and State representatives urging that a strong affirmative response be taken opposing the amendment. Laurence Leeds, Growth Management Director, questioned whether a Zoning in Progress Ordinance could be adopted. Attorney Ansbro advised that the amendment provides for setbacks and buffering of a substation. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, directing City Manager Pato to formulate a letter, under the mayor's signature, totally opposing the amendment and sending the letter to the Broward County Legislative Delegation as well as bringing hard copies to Tallahassee for Broward Days. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 14. ADJOURNMENT This meeting adjourned at 10:15 p.m. t��L xo. PAT FLURY, MAYOR CHARLENE JOHNSO CITY CLERK Approved: February 12, 2002 MINUTES CITY OF DANIA BEACH 18 JANUARY 2Z 2002