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HomeMy WebLinkAbout1332 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 26, 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 Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Frederick Shotz, 5451 Woodland Lane, explained that he lived in the newly annexed area and that he had worked on annexation and as an American Disabilities Act Consultant with previous City Manager Michael Smith. Mr. Shotz was displeased that the City recently paved his street, Woodland Lane, which he stated was a dedicated street owned by the residents. He mentioned his efforts currently to get speed bumps to make the street safer. Mr. Shotz presented further comments on bulk waste pickup and the number of animals allowed per Code. He advised that his neighborhood had previously been zoned Agricultural and that Broward County changed the zoning to Agricultural Estate two years ago. Dania Beach does not appear to have equivalent zoning for the Agricultural Estate County zoning. Maple Ridge- Mr. Shotz advised that residents from his area fought Hollywood against the Maple Ridge project because of density, reduction in swamp land and open space issues. As part of Hollywood's settlement, residents were assured use of the Oakwood Park in the Maple Ridge development, however, a fence prevents access and residents can only enter from 35th Avenue. Mr. Shotz mentioned that his ADA work ended when previous City Manager Smith could not get cooperation from the City Commission on identifying programs and services in order for a transition ADA Plan to be implemented for the City. The Plan was supposed to be completed in 1992. Mr. Shotz stressed his desire and interest in working with the City in order to bring it into ADA compliance. MINUTES CITY OF DANIA BEACH 1 FEBRUARY 26, 2002 Mayor Flury agreed that the City should be ADA accessible and staff was asked to is contact Mr. Shotz on the issues presented. Commissioner Mikes recommended that the Joint Meeting with Hollywood include issues such as the Oakwood Park access and other designated park land involved in the Broward County Green Space acquisition program bordering Dania Beach and Hollywood. Commissioner Bertino requested that City Manager Pato review the legal documentation with Hollywood on Oakwood Park and the possibility of the park being turned over to Dania Beach from Hollywood. The City could provide maintenance so that residents could have better access to the park. 4.2 Albert Jones opposed the possible reversal of the 8-year Term Limit requirement imposed in 1993 on elected officials. He pointed out that there is only a 2-year interval in between and suggested that the Ordinance was being presented to protect certain Commissioners. He was dissatisfied that taxpayer funds would be used to include the referendum question on the Broward County ballot and asked that single member districting also be considered on the ballot should the ordinance pass under Item 9.1. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation of"General Employee of the Month" award. (City Manager) City Manager Pato requested a continuance to March 12, 2002. ® 5.2 Dania Elementary special recognition. (Kathy Dibona, Principal) Kathy Dibona, Principal of Dania Elementary School, recognized Commissioner C.K. McElyea for his loyal support of the children and residents of the City of Dania Beach, Broward County and State of Florida. Principal Dibona pointed out Commissioner McElyea's historical contributions to the City and presented him with a Renewal Graduation Certificate from Dania Elementary as well as gifts prepared by the students. 6. PROCLAMATIONS: 6.1 Proclamation declaring March 8 through 10, 2002, as "Ladies, Let's Go Fishing" Days in the City of Dania Beach. City Manager Pato read the proclamation in its entirety. Mayor Flury advised of the many benefits provided with the program and pointed out that the City was fortunate to have the program brought to Bass Pro Outdoor World. Mayor Flury presented the proclamation to Betty Bowman for being recognized as one of the top 21 "Most Influential Marine Industry Leaders of the 21st Century" and for her work on the "Ladies, Let's Go Fishing" program. Betty Bowman stressed the importance of women having the opportunity to learn about salt water fishing and advised the public that flyers were available to anyone interested in the event. MINUTES CITY OF DANIA BEACH 2 FEBRUARY 26, 2002 ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Items 7.3 and 7.6, Commissioner McElyea pulled item 7.4, and Vice-Mayor Chunn pulled Item 7.2, 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills-none Minutes: 7.1 Approval of minutes of February 12, 2002, regular meeting. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FORMATION OF A STEERING COMMITTEE TO BEGIN THE NEIGHBORHOOD PLANNING PROCESS FOR MODELLO PARK, COLLEGE GARDENS AND DANIA HEIGHTS IN PARTNERSHIP WITH FAU/FIU JOINT CENTER AND PROVIDE FOR THE ASSISTANT TO THE CITY MANAGER TO ACT AS THE GRANTS COORDINATOR IN ACCORDANCE WITH THE URBAN INFILL AND REDEVELOPMENT GRANT PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney— 7.7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT AMONG CITY OF DANIA BEACH, BASS PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED PARTNERSHIP; PERMITTING THE LICENSEES, BASS PRO OUTDOOR WORLD, LLC AND TANGIER PROPERTIES • LIMITED PARTNERSHIP TO USE CITY PROPERTY FOR THE PLACEMENT AND MAINTENANCE OF BUSINESS IDENTIFICATION SIGNS AND ENTRANCEWAY FEATURES ADJACENT TO ANGLERS AVENUE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the Consent Agenda with the exception of Items 7.2, 7.3, 7.4 and 7.6. 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 ITEMS PULLED FROM THE CONSENT AGENDA: Travel Expenditures: 7.2 March 31-April 7 — Approval for Commissioner Bertino to attend National Hurricane Conference in Orlando, Florida. Vice-Mayor Chunn questioned Commissioner Bertino's attendance at the Orlando conference as he was under the impression that hurricane conferences were available locally at the Fort Lauderdale Convention Center, which would save tax payer dollars. MINUTES CITY OF DANIA BEACH 3 FEBRUARY 26, 2002 Commissioner Bertino advised that the National Conference is only held in one City once a year and that the information is very beneficial and suggested that other City Commissioners attend. Commissioner Mikes mentioned that travel was abused in the past and that all travel was open to public inspection and that information provided from the seminars is very beneficial to the City. Mayor Flury advised that travel expenditures were added to the agenda to provide information on budgeted travel, however, the intention was never to question or halt anyone from attending conferences. A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, approving the travel expenditure. 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 Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF PHASE 2 ARCHITECTURAL SERVICES RELATING TO A PROPOSED FISHING PIER RESTAURANT BUILDING IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND AND 00/DOLLARS ($25,000.00) WITH ARONSON AND ASSOCIATES ARCHITECTURE, P.A., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR THE APPROVAL OF THE CONCEPT RENDERINGS PREPARED FOR THE PROPOSED FISHING PIER RESTAURANT AS PRESENTED BY NEAL ARONSON AND ASSOCIATES ARCHITECTURE, P.A.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested an explanation on the project. Neal Aronson, Architect, presented conceptual renderings of the proposed restaurant project at the Dania Beach Fishing Pier and clarified for Mr. Shotz that ADA compliance had been a consideration in the preparation of the renderings. Mr. Aronson advised that this is the conceptual design stage of the project and that the pier had been built to meet ADA compliance. The main feature right now is ingress and egress into the structure and the inside improvements would be provided by the restaurant tenant and ADA compliance would be considered through the building permit process. Mr. Aronson agreed to meet with Mr. Shotz to discuss ADA compliance issues for the project. City Manager Pato requested approval to move forward with Phase 2 architectural services and was confident that the project would be beneficial to the citizens. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES CITY OF DANIA BEACH 4 FEBRUARY 26, 2002 Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY MONTHLY RENTAL FEES OF SEVEN HUNDRED FIFTY AND 00/DOLLARS ($750.00) AND SET UP CHARGES TO MOBILE MINI, INC., SUBJECT TO ANNUAL APPROPRIATION APPROVAL BY THE CITY COMMISSION, FOR A 24' X 60' MODULAR OFFICE TRAILER TO BE SITUATED AT THE PUBLIC WORKS COMPOUND; AUTHORIZING THE USE OF SAID TRAILER UNTIL SUCH TIIME AS THE CITY IS ABLE TO PROVIDE PERMANENT OFFICE SPACE FOR THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Commissioner McElyea suggested that the monthly expenditures for trailer would be better utilized towards building a permanent structure. He also suggested that the Public Works complex could be reorganized to provide additional office space. City Manager Pato mentioned that the City Commission discussed the possibility of using a modular office trailer on a short-term basis and that the trailer would not be located in the area where the future construction would take place. He advised that Bud Palm, Utilities/Public Works Director, had announced his intentions to retire in June and that a search is currently ongoing for his replacement. Commissioner Mikes wondered if the trailer could be smaller and stressed the importance of conducting a thorough review of the water plant complex prior to any construction taking place. Bud Palm, Utilities/Public Works Director, advised that the only choices for the trailers were a two office or four office design and that they needed four offices. Commissioner Bertino suggested that all office staff be located at the City Hall Administrative Center in the future, which may be accomplished when BSO moves to the 803 substation site near Charlie Will Thomas Park. He agreed that the trailer would provide a temporary solution to the office space issue. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 2002-2003 FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE GRANT FOR A DESIGN AND IMPLEMENTATION PLAN, PHASE I, FOR DREDGING OF THE DANIA CUT-OFF CANAL FROM APPROXIMATELY 200 FEET EAST OF US 1 TO THE C-10 CANAL IN AN AMOUNT NOT TO EXCEED $50,000; AUTHORIZING MATCHING FUNDS FROM THE REVENUES RECEIVED BY FPL SPECIAL EXCEPTION FOR WATERWAY RELATED USES AND IMPROVEMENTS, AS RECOMMENDED BY THE MARINE ADVISORY BOARD, IN THE AMOUNT OF $50,000; THEREBY PROVIDING THIS PLAN AT NO COST TO THE CITY AND FURTHER AUTHORIZING THE MINUTES CITY OF DANIA BEACH 5 FEBRUARY 26, 2002 ACCEPTANCE AND EXECUTION OF SAID GRANT UPON ITS AWARD; PROVIDING • FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes advised that many of the canal systems are in dire need of dredging due to a build up of silt. Grant opportunities are available with the Florida Inland Navigation District (FIND) and would cover costs for the first phase engineering and survey work. He was dissatisfied that the City had not been notified of a current dredging project initiated by the Florida Department of Transportation (FDOT) for the C-10 Canal running from Pembroke Park, which ties in at Old Griffin Road and the Dania Cut Off canal. FDOT is going to fund a $9 Million pumping station to pump tons of storm water into the C-10 canal from Pembroke Park. It was his understanding that Hollywood was receiving 100% funding from FDOT to dredge and elevate a bridge on the C-10 canal. Commissioner Mikes was concerned that the City was going to be impacted by the storm water pumping, which may cause flooding to waterfront properties. In addition, two of Dania Beach's businesses located at the end of the C-10 canal are also included in the project. Commissioner Mikes pointed out that the City's grant request should be decreased because engineering and surveying work has already been completed as part of the current FDOT project all the way to the Intracoastal Waterway from the intersection of Old Griffin Road and the C-10 Canal. Commissioner Mikes was hopeful that an opportunity exists for the City to dredge silting areas for Melaleuca Isles and Dania Cut-Off Canal by piggybacking off the permits already issued with the FDOT project. Bonnie Temchuk, Assistant to the City Manager, presented a revised Resolution covering costs associated with the engineering, design, permitting (reduced because of piggybacking with ® FDOT's permits), surveying, testing and dredging. Ms. Temchuk pointed out that timing for the project is very good right now because the equipment is already in place on the FDOT project. She reported that the cost would be $220,000 to dredge the Dania Cut-Off Canal approximately 200 feet east of US 1 all the way to Griffin Road and was confident that the grant application would be approved since Florida Inland Navigation District (FIND) places dredging as a number 1 priority. The project would be funded 90% by FIND and the City would cover a 10% match for a reduced cost of around $40,000. She mentioned that the City's costs were less than what was originally requested for the design and implementation plan and that portions of the $100,000 received for waterway improvements in relation to the FPL Special Exception last year would cover the City's costs. Commissioner Bertino mentioned that when Hollywood developed the Hollywood Golf course, a drainage ditch was created to dump into one of Dania Beach's canals, which has caused tremendous silt. In response to Commissioner Bertino's question, Ms. Temchuk estimated a cost of $150,000 to dredge all of the finger canals and confirmed that the City could piggyback off the existing permits with FDOT's project. She agreed to pursue the finger canal dredging, however, she stated that the main issue tonight was to move forward on the application with FIND as presented. Commissioner Mikes advised that the test samples for Dania Beach are currently showing clean fill and that timing is vital on these types of FDOT projects. He suggested that the City move forward on the finger canals and utilize funding from the stormwater fund and special assessment programs to cover the $150,000 cost. MINUTES CITY OF DANIA BEACH 6 FEBRUARY 26, 2002 Commissioner Bertino was concerned that the City should go on record with FDOT engineers to ask the question on whether the increased flow coming down the C-10 canal would cause flooding on the City's waterfront properties. Ms. Temchuk advised that FDOT assured the City that no flooding would occur because of the way they are dredging the canals from Hollywood to Stirling Road and then spot dredging, which includes a section where the Dania Cut-off canal and C-10 canal meet. Commissioner Bertino reiterated his desire to have the question stated on the record in the event of future legal problems. Commissioner Mikes recommended having FDOT engineers attend a City Commission meeting to get the statement on the record and to document the waterfront properties before and after the project in the event FDOT has to mitigate. Commissioner Bertino suggested hiring an engineering company to set a baseline so that if the baseline is exceeded, the City would have statistics in place to have FDOT rectify the situation. City Manager Pato thanked Commissioner Mikes for bringing the FDOT project to the attention of staff and he expressed appreciation to Bonnie Temchuk, Cindy Calhoun and Glenn Morris for dealing with the project in an efficient manner with such short notice. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the revised resolution with the understanding that the City would set a baseline now so that the City has legal ground to stand on should the flow from the C-10 canal cause damage to waterfront properties in Dania Beach. 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 Commissioner Mikes requested that staff schedule the FDOT engineers to attend a future meeting. 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA SUBMITTING TO A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION AN AMENDMENT TO THE CITY CHARTER, TO PROVIDE FOR THE REPEAL OF THE CITY CHARTER PROVISION WHICH ESTABLISHES TERM LIMITS FOR CITY COMMISSIONERS (SECTION 3 OF PART II, ARTICLE I OF THE CHARTER); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Flury opened the public hearing. Bob Adams opposed the Ordinance as he did not feel it was necessary to revote the referendum that passed in 1993 since commissioners only have to sit out for two years. He pointed out that it does not make any logical sense to say that the new residents need an opportunity to vote the matter since residents from the newly annexed area were well aware of the City's existing laws. MINUTES CITY OF DANIA BEACH 7 FEBRUARY 26, 2002 ® Bobbie Grace reminded the public that she was on the commission when term limits was voted on in 1993 and that 75% of residents of Dania Beach voted for term limits. She opposed the Ordinance and urged the City Commission to do the right thing. Hearing no further comments, Mayor Flury closed the public hearing. Commissioner Bertino advised that people should have a choice and opportunity to revote the issue since the City's population has changed significantly since 1993. Commissioner Mikes mentioned that he started the issue of term limits that began in 1991 and that he has been responsible for many of the safeguards provided in the Charter. He advised that he still supports terms limits and that he would not fear it being placed on a general election ballot with a good voting turn out, but would not support the referendum being placed on a low turn-out special election. Commissioner McElyea disagreed with term limits based on the changes made in the legislature over the past 10 years and stressed the importance of elected officials to have experience to draw from in order to serve in office at the local and state levels. Mayor Flury stated that she supports term limits, however, the proposed referendum is not about voting for term limits. She mentioned that the City has changed significantly over the past 10 years and that there are many ordinances that should be readdressed as time goes on and that the public should be given an opportunity to vote on the term limit issue. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-no Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; APPROVING THE ASSIGNMENT AGREEMENT AMONG BROWARD COUNTY, THE CITY OF DANIA BEACH, AND COMMUNITY CABLE TELEVISION KNOWN LOCALLY AS AT&T BROADBAND FOR CABLE TELEVISION FRANCHISE; EXTENDING THE CABLE TELEVISION FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Attorney Scott Robbin, Weiss, Serota, et al, advised that the Ordinance transfers Cable TV rights and franchise fees from Broward County over to the City of Dania Beach for the newly annexed area. Commissioner McElyea requested that City Attorney Ansbro find out how many cable channels are provided to Davie and report back at the March 12th meeting. Commissioner Bertino questioned whether there were any State Statute issues that the City could attempt to amend in regards to the cable regulations. MINUTES CITY OF DANIA BEACH 8 FEBRUARY 26, 2002 City Attorney Ansbro advised that the Ordinance approving the assignment will provide for the franchise fees to come to Dania Beach instead of Broward County and would allow a six-month period for the City to negotiate with AT&T to better cable services. Attorney Robbin advised that many issues relating to Cable TV will be addressed when the Franchise Ordinance is brought back. Mayor Flury opened the public hearing. Shauntel Gannan advised that she is a resident of the newly annexed area and that the City Commission meetings for Dania Beach are not aired on Cable TV for her area and that they receive City Commission meetings for Cooper City. Dr. Patricia Tyra advised that she is also a resident from the newly annexed area and that Dania Beach meetings used to be aired on their cable channels for her area and that she does not receive the meetings presently. 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: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes (CONTINUED SECOND READING FROM 2/12/02) 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 Attorney Ansbro read the title of the Ordinance for second reading. Tony Stalworth, Vice-President for Facilities for Broward County Community College, mentioned that BCC thought they could connect into the water line with Broward County without any problem, however, Broward County required the property owner's permission, which is why the amendment was requested. MINUTES CITY OF DAMIA BEACH 9 FEBRUARY 26, 2002 City Manager Pato advised that staff is recommending approval as the issue of the sewer tank had been resolved and BCC will now tie into the sewer system. Bud Palm, Utilities/Public Works Director, concurred. Commissioner Bertino confirmed with Mr. Stalworth that there is no fence for the beach area to restrict the public from using the area except during the times when the area is being used for boating instructions. Laurence Leeds, Growth Management Director, pointed out in the BCC Lease on Page 2, Item #5 "Use of Leased Premises and Lake" the following language "BCC shall only use the leased premises for instructional, recreational and community related activities and programs available to BCC students, faculty and staff as well as the general public. The Leased Premises shall be under the sole control of BCC during the term of this Lease; however, BCC shall only have non-exclusive use of the Lake." City Attorney Ansbro confirmed for Commissioner Bertino that the lease provides for the beach to be legally available to the general public. 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 McElyea, seconded by Vice-Mayor Chunn, adopting the Ordinance 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 (CONTINUED SECOND READING FROM 2/12/02) 9.4 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Mayor Flury understood that the items outlined in the Ordinance were part of union negotiations and that the DROP (Deferred Retirement Option Program) was being extended from five years to seven years. She opposed these types of issues when they generally only benefit a few people, which does not show that they were negotiated in good faith. In regards to the General Employees Plan, she asked whether the provision of a 7-year DROP had been provided. ® Attorney Kenneth Harrison, Sugerman & Susskind, advised that the DROP remains five years for the General Employees. MINUTES CITY OF DANIA BEACH 10 FEBRUARY 26, 2002 • Commissioner Mikes commented on the expense of providing pension benefits for public safety employees and stressed the importance of the City controlling costs associated with providing pension benefits. 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: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.5 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 27 "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; AND BY AMENDING ARTICLE 30 "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING AND PUBLIC HEARING) City Attorney Ansbro read the title of the Ordinance for first reading. Laurence Leeds, Growth Management Director, advised that this is a text change and that two public hearings are required. It has been approximately 18 months since the City implemented ® the IROM (Industrial Research Office Marine) and IROC (Industrial Research Office Commercial) Zoning Districts and explained the changes outlined in his staff memo. He recommended approval of the Ordinance as submitted with the change recommended by the Planning & Zoning Board to include "delivery facility" in the same category as "distribution facility." 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 first reading with the change recommended by the Planning & Zoning to include delivery facility in the same category as distribution facility. 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 9.6 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE IV. "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS" TO ADD FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS TO THE LIST OF PERMITTED USES FOR THE C-3 "GENERAL BUSINESS • DISTRICT," WITH LOCATIONAL RESTRICTIONS; PROVIDING FOR CONFLICTS; MINUTES CITY OF DANIA BEACH 11 FEBRUARY 26, 2002 PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING AND PUBLIC HEARING) City Attorney Ansbro read the title of the Ordinance for first reading. Laurence Leeds, Growth Management Director, explained that the City Commission in January had requested a text amendment regulating the location of Fortune Tellers, Palmists, Clairvoyants, and Astrologists in the C-3 and C-4 Zoning Districts. The City Commission had previously approved fortune teller licenses at 219 North Federal Highway (C-2 zoning); 1410 South Federal Highway (C-3 zoning); 2730 Griffin Road (B-2 zoning); and a fortune teller currently operates out of an existing building in the 2500 Block of Stirling Road (2001 Annexation Area — B-2 zoning). The draft Ordinance prepared by the City Attorney would allow fortune tellers in the C-3 and C-4 districts and only if located a minimum of 2,500 feet apart. Mayor Flury opened the public hearing. Attorney Leila Batties, Ackerman & Senterfitt, P.A., One SE Third Avenue, Miami, FL 33131, representing Tommy and Ann Frank, who own the property located at 1409 South Federal Highway, explained that Mr. & Mrs. Frank purchased the property over a year and a half ago and have worked with architects, professionals and City staff to improve the property. The original plans submitted to the City provided for a 5,000 square foot building (1,000 square feet for a fortune teller business and 4,000 square feet for residential use). In late December, the City's Growth Management Department recommended against the residential use stating that it was not an accessory use to the fortune telling business in light of the zoning district and since the residential use comprised of 77% of the building. The City Commission denied the zoning • appeal on January 8, 2002. For the record, Attorney Batties stated that the Frank's zoning application is still pending as they have not exhausted all legal remedies in terms of denial of their application and they object to the current ordinance proposal for a 2,500 foot spacing requirement for fortune tellers and other similar uses. Attorney Batties explained that it does not appear that public policy is dictating a 2,500 square foot spacing requirement for these types of uses as there are only four (4) fortune teller businesses located in the City. She pointed out that competition or the prohibition against competition is not a proper basis for a zoning or land use decision. Attorney Batties mentioned that her clients only learned of the ordinance yesterday in spite of the fact that they had been working with the City for over a year and her client would be the only proposed business or current business affected by the proposed ordinance. The C-3 zoning district is the only district affected by the ordinance although fortune teller businesses are allowed in other zoning districts in the City. Attorney Batties stated that her clients relied, to their detriment, on the City's current zoning regulations and guidance from staff when they purchased the property nor were there any spacing requirements to hinder the applicant from operating a fortune teller business. Attorney Batties requested that the City Commission recognize that the pending application for a fortune telling license and operation at 1409 South Federal Highway are in process and were in process prior to the ordinance amendment being heard tonight; and that the language in the ordinance, if adopted, not affect the application or provide any type of retroactive effect. Attorney Batties stated her clients desire to work with the City Attorney and staff to discuss the legal implications that may result as it affects her client with the passage of this ordinance amendment. • MINUTES CITY OF DANIA BEACH 12 FEBRUARY 26, 2002 Charlene Scalese, 826 NW 131h Street, disagreed with joint business and residential uses or with businesses having the opportunity to decide where they should live and work. It should be used for either business or residential but not both. Attorney Batties advised that the City's C-3 district does allow residential uses as an accessory use that is already permitted in the Code. Her client agreed to work with the City to revise a plan and reduce the residential usage to an amount that would be more agreeable to the City. The City Commission generally agreed that Attorney Batties has had an opportunity to speak and that it is not necessary for the attorney to rebuttal everyone who speaks under the public hearing as the Frank case is not being reheard and no particular person or case is being heard. Hearing no further comments in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Ordinance on first 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 9.7 VA-60-01- A Variance request by David Zelch, representing American Maritime Officers, to relocate a 6 foot high masonry wall to be placed immediately adjacent to a lot line. Property located on the south side of the Dania Cut-Off Canal, the north side of NE 3rd Terrace, west of Gulfstream Road, and east of the Royal Palm Yacht Basin. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT REPRESENTING THE AMERICAN MARITIME OFFICES 'AMO' FOR THE AMO-RTM STAR CENTER RESCUE TRAINING CENTER PROPERTY LOCATED AT SOUTH SIDE OF THE DANIA CUT-OFF CANAL, THE NORTH SIDE OF NE 3RD TERRACE, WEST OF GULFSTREAM ROAD, AND EAST OF THE ROYAL PALM YACHT BASIN AND ALSO KNOWN AS THE "SCHICK PLAT", DANIA BEACH FROM CHAPTER 28, ZONING, SECTION 7.42 AND ZONING APPENDIX ARTICLE V, SECTION 33-214; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that Items 9.7, 9.8 and 9.9 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 someone from AMO. Mayor Flury advised that she spoke with someone with regards to the 15t Avenue project. Laurence Leeds, Growth Management Director, explained the location of the property and that NE 13 Terrace (a dirt road) is where AMO is building their training facility and the property is currently zoned C-3. The Site Plan requires a wall along the east property line be set in five feet West of the property line to allow landscaping on both sides. Because the Phase II building would only be set back 10 feet from the property line, the applicant has requested a variance to install the 6' masonry wall on the property line to allow sufficient space between the wall and the building. In addition, there is an existing Black Olive Tree that is significantly hat racked with a MINUTES CITY OF DANIA BEACH 13 FEBRUARY 26, 2002 value of approximately $1,100.00 to $1,200.00. The Planning & Zoning Board agreed that the tree could be removed as long as a $2,500.00 donation was made to the Landscape Trust Fund. Mr. Leeds reported that he had just received a letter from the owner of the private residence indicating that they had no objection to the variance but that they would prefer a chain link fence separating the residence from the AMO training facility instead of a wall. Mr. Leeds had no objection to the chain link fence request, however, he recommended that City Attorney Ansbro provide legal guidance on whether to continue to hear the Variance with a chain link fence when the public hearing advertisement referenced a 6' masonry wall. Mayor Flury opened the public hearing. Cindy Calhoun, 911 NW 7th Street and member of the Marine Advisory Board, pointed out that the property identified as 006 is in need of maintenance and dock repairs. She commended AMO for their support of the City by providing beautiful vessels and trained captains for the tours conducted with members of the Marine Advisory Board and the South Florida Water Management District, Department of Transportation, Department of Environmental Protection, and State Representative Ryan. Hearing no further comments in favor or opposition, Mayor Flury closed the public hearing. Dave Zelch, Zelch and McMahon Architects, 17 NE 4 Street, Fort Lauderdale, representing AMO, advised that the Code requirement for the wall to be placed five feet from the property line was intended for larger tracts of land with a large commercial or industrial use adjacent to a residential property. City Attorney Ansbro recommended moving forward with the Variance tonight since the public hearing advertisement referenced a more onerous restriction of a wall and the chain link fence is a lessor restriction and no objections have been registered by the public. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Resolution (VA-60-01) with the following conditions: (1) the placement of a chain link fence next to the east lot line; (2) removal of the Black Olive tree subject to a $2,500.00 contribution to the City Landscape Trust fund; (3) install a 48" cocoplum hedge. 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 9.8 a) RZ-64-01- AN ORDINANCE OF THE CITY OF .DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SE 1ST TERRACE AND SE 1ST AVENUE, 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 C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING FOUR • (4) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR MINUTES CITY OF DANIA BEACH 14 FEBRUARY 26, 2002 SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Laurence Leeds, Growth Management Director, described the location of the property and surrounding area and explained that the property has a commercial zoning. Mr. Leeds advised that the applicant has submitted a zoning request to PUD-B to construct two duplexes (total four (4) units).Mr. Leeds pointed out that the City Commission has expressed an opposition to duplex construction and that this duplex use would not be his first choice either, however, in this particular situation, the proposed two duplexes would be a better development than the previously submitted motel proposal. The Planning and Zoning Advisory Board recommended that 30% of the trees to be broadleaf trees. Mayor Flury opened the public hearing on Items 9.8 a, b and c. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Mikes expressed his dissatisfaction with duplexes and asked whether Mr. Leeds had any other suggestions for development. Mr. Leeds agreed that duplex is not the best choice and that he would have preferred an office building development or mixed use retail/residential project. Discussion followed with the City Commission on the inappropriate development for a motel at the location. Commissioner Mikes was concerned that the duplex development would not be maintained in the future. Commissioner McElyea opposed duplex use anywhere in the City and mentioned that the ® southwest section had been adversely affected by duplex development in the past. He also advised that back out parking in the street is illegal and should be prohibited. Mayor Flury agreed that duplex use is not the best choice, however, she was strictly opposed to a motel in the area. John Bartley, 201 SE 2Id Avenue, developer and agent for Chris Christianson, advised that Mr. Christianson was his son-in-law and a Hollywood policeman and that he is building the duplexes to be owner-occupied. The front unit will be 1250 sq. ft., 2 bedroom/2 bath and ample landscaping would be installed. Mr. Bartley was of the opinion that the duplex would be an asset to the neighborhood and he advised single family home residents in the area have expressed support of the development. Commissioner Bertino advised that residents in the area have stated their choice of duplex over the hotel/motel use. He thought that the units would be easy to rent on a seasonal basis and that Mr. Bartley could build the hotel/motel without a variance. Mr. Leeds confirmed that the site plan meets pervious requirements. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Ordinance (RZ-64-01). The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-no MINUTES CITY OF DANIA BEACH 15 FEBRUARY 26, 2002 b) VA-63-01 — A Variance request by John Bartley to allow back-out parking on SE 1" Avenue and SE 1s' Terrace (back-out parking prohibited) and a minimum parcel size of 14,700 square feet (minimum 15 acre parcel required in PUB-B). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT SE 1ST TERRACE AND SE 1ST AVENUE (MASON SUB AMENDED PLAT LOT 1 THROUGH 6, BLOCK 3), DANIA BEACH FROM CHAPTER 28, ZONING, SECTION 7.42 AND ZONING APPENDIX ARTICLE V, SECTION 33-214; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the backout parking can be approved by the variance and that the City would not have any liability because it would be based on a planning level decision on the matter. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Resolution (VA-63-01). The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-no c) SP-62-01 — A Site Plan request by John Bartley to permit two (2) duplexes (four units). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT SE 1ST TERRACE AND SE 1ST AVENUE (MASON SUB AMENDED PLAT LOT 1 THROUGH 6, BLOCK 3), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Resolution (SP-62-01). The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-no Commissioner McElyea expressed his dissatisfaction with the duplex use and Commissioner Mikes requested to review the Code in regards to the hotel/motel development previously presented by Mr. Bartley. 9.9 SP-61-01- A Site Plan request by Gary Heldenmoth, representing Stirling Petroleum Inc., to renovate an existing service station/convenience store and to install a new accessory car wash for property located at the northeast corner of Stirling Road and SW 40' Avenue- 3991 Stirling Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GARY HELDENMOTH, REPRESENTING STIRLING MINUTES CITY OF DANIA BEACH 16 FEBRUARY 26, 2002 PETROLEUM, INC., FOR PROPERTY LOCATED AT 3991 STIRLING RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that Mr. Heldenmoth desires to install six new gas pumps located entirely to the west and southwest of the building under a single canopy. The new canopy is to be set back 27 feet from SW 40th Avenue and 15 feet from Stirling Road. The Planning & Zoning Board recommend approval subject to the six conditions outlined in the staff memo. Mayor Flury opened the public hearing. Gary Heldenmoth, one of the three owners of the gas station, mentioned that the station was built some 30 years ago and because the canopy in the front was too low there were continued problems with cars hitting it. Mr. Heldenmoth expressed his desire to work with the City on connecting into the sewer system and to better service the customers who patronize the business. Hearing no further comments in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the Resolution (SP-61-01) with the following conditions: (1) Twenty-four (24) feet between pump islands; (2) Six foot high screen wall on both the Site Plan and Landscape Plan; (3) Seven foot wide landscape buffer against the north lot line; (4) Orange Geiger Tree shall be 10 feet in height; (5) Parking spaces along the north lot line be reduced to 16 feet in depth (applicant to . install Type "D" curbing instead of wheel stops); (6) Relocate vacuum cleaner array from front yard to the rear yard parking area. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino requested that Laurence Leeds research the time limit on the flex units for the Shamrock development on Sheridan Street and to see if the City may revisit the issue. 10.2 Commissioner McElyea inquired as to the status on the funds collected for moving the I.T. Parker House. City Manager Pato advised the funds are in a separate account in the General Fund and that a list of contributors is available. Staff is waiting direction from the City Commission on whether to move forward on moving the house as the house has no historic value and would not qualify for grant funding. City Manager Pato agreed to report back on the house at the March 12th meeting. Commissioner McElyea requested that the sidewalk on north side corner of Dania Beach Boulevard/ US 1 traveling west bound near Pirates Inn/Lobster Trap is in need of being cleaned and trash picked up. 10.3 Commissioner Mikes inquired as to the type of background check that is provided for the Is fortune teller businesses and asked whether fingerprints could be required. He presented MINUTES CITY OF DANIA BEACH 17 FEBRUARY 26, 2002 comments from an article from Delray Beach where an 86 year old man was swindled out of $300,000 by a psychic reader. Chief Bryan Cowart, BSO, advised that the background checks are on county records and that more extensive checks can be requested by the Commission or City Manager through the Florida Department of Law Enforcement. Chief Cowart advised that he would have to check on whether fingerprints could be required and that the FDLE check would be comprehensive. City Attorney Ansbro thought that the Code provides extensive requirements and that he would have to check into whether fingerprints are included. City Manager Pato advised that it is not uncommon that some of these types of operations are organized crime type operations and that Plantation had a business that was a front for a money laundering business. City Manager Pato agreed that a more extensive background check is a good idea, however, the law provides protections restricting certain information from being presented to the public. City Attorney Ansbro agreed to check with Chief Cowart and BSO and report back on what can be done to increase the background check requirements and to have a copy of the background requirements from the Code on March 12tn 10.4 Vice-Mayor Chunn congratulated Elizabeth Owens and Mildred Jones for being honored by the 7tn Day Evangelist Church for their outstanding work in the community. He was pleased to have participated in recent events during Black History Month and for having the opportunity to learn about the contributions that were made by many African Americans who were not properly recognized. Commissioner Mikes mentioned that language that the City fought so hard to get included in the operations standards for planes at the Fort-Lauderdale-Hollywood Airport is possibly going to be deleted. Commissioner Mikes mentioned that it relates to flying over residential neighborhoods and run ups and that the issue would be addressed by the County Commission. A motion was made by Commissioner Mikes directing staff to send a letter to the Broward County Commission requesting that they not delete the previous operational standards language and that they only ad the new FAA language. The motion was seconded by Commissioner Bertino. 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 It was mentioned that Attorney Brenda Chalifour would attend the Broward County meeting when the airport issue is addressed. 10.5 Mayor Flury inquired as to when the Dania Beach bridge was going to be closed to boating traffic. Mr. Leeds advised that a meeting was held with the FDOT and they advised that the bridge is going to be in the locked-up position for September and October this year and would be closed for 45-60 days. Mayor Flury was concerned for the inconvenience to the boating community and business operations and inquired as to whether public hearings are • going to be held. Mr. Leeds advised that they have offered to make a presentation to the City commission. In addition, one lane for the bridge will be closed in each direction from April to MINUTES CITY OF DANIA BEACH 18 FEBRUARY 26, 2002 December. After further discussion, Mr. Leeds agreed to make arrangements for FDOT and the construction contractors for the bridge to make a presentation on March 12th if possible. Mayor Flury inquired as to the Dania Beach Boulevard tree project. City Manager Pato advised that a demand letter was delivered to Total Quality Construction requiring them to produce the trees within 7 days. Mr.,Pato explained that the City's Landscape Consultant, Bill Tasaro, was able to tag qualified trees and when he went back to finalize the deal the contractor increased the price. Commissioner Bertino was pleased with the installation of brick along the median on Dania Beach Boulevard and inquired as to the design of the trees being planted. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by George and Margarete Jensen for abatement of CEB99-0396 for property located at 4971 SW 38 Terrace. (Staff) City Attorney Ansbro clarified the abatement process by stating that the Code Enforcement Board is established by State Statute. The abatement process has no legal requirement or establishment by law and is only provided as a way to deal with hardship cases and provide equity. The Code Board goes through extensive procedures to hear each of the cases before the abatements are brought before the City Commission. The City Commission should only address hardship and not rehear the cases, nor does the City Commission have to reconsider any action taken on abatements. Mayor Flury confirmed with City Attorney Ansbro that the decision made by the Code Enforcement Board can be final and that the abatements do not have to come before the City Commission. City Attorney Ansbro advised that the City Commission is the only body that can relieve the recorded lien and that the Code Board can reduce the fines before it becomes a lien. Commissioner Mikes did not have a problem rehearing abatements, but agreed that the entire cases should not be reheard. He suggested a bi-monthly workshop/special meeting to address the cases instead of bringing them to the regular meeting and felt that residents should have access to the City Commission to present hardship information. Ken Koch, Building Official, explained the time process that is allowed before the violations are recorded as a lien and that the Code Board loses jurisdiction once the lien is recorded. The only time the liens are addressed is when people want to sell or refinance. The City Commission generally agreed to discuss the issue at the next scheduled workshop meeting. Mr. Leeds explained that the prospective purchaser has agreed to convert the duplex back to a single family home. Mr. Leeds indicates that the structure has deteriorated only enough for the City to cover the windows and not enough to tear down the structure. Mr. Koch explained the extensive process involved with going through the court process to pursue foreclosure and the expense on the City to maintain a property that could sit for over a year. MINUTES CITY OF DANIA BEACH 19 FEBRUARY 26, 2002 Commissioner Bertino and Commissioner Mikes agreed to move forward on the foreclosure M process so that the structure could be demolished as a way to remove these types of blight impacts on neighborhoods. Kathy Regal, Realtor, advised that she has an appraisal for the property of$75,000 and that the purchaser is willing to spend around $25,000 to $30,000 to making the electrical and plumbing improvements to the structure. The structure was built in 1960 and is a concrete block structure. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to deny the request by George and Margarete Jensen for abatement of CEB99-0396 for property located at 4971 SW 38 Terrace. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-no Mayor Flury-no 11.2 Request by Naheed Hague for abatement of CEB00-0651 for property located at 252 SW 13 Street. (Staff) Mr. Leeds confirmed that all legal requirements were met and all notices were comprehensive, and extensive. The Code Board recommended abatement to $500. Mayor Flury requested that Mr. Leeds provide a brief capsule on why the Code Board recommended reduction to $500. Mr. Leeds advised that the Broward County Property Appraiser's records indicated that the property owners (Mr. & Mrs. Hague) resided at 250 SW 13 Street. It was later determined that there was ® no such address. The incorrect information obtained from the Broward County Property Appraiser was not the fault of the applicant or the City and this was why the Code Board recommended abatement to $500. Commissioner Bertino stressed the importance of landlords maintaining properties. Mr. Naheed advised that he did not receive the notice and that he cannot afford to maintain the property because of the inability to collect the rent and pay the damages imposed by the tenant. He mentioned problems encountered with drugs in the area and the inability to evict tenants who go to Family Services. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to deny the request by Naheed Hague for abatement of CEB00-0651 for property located at 252 SW 13 Street. 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 11.3 Request by John Glarentzos for abatement of CEB01-0061 for property located at 1554 South Federal Highway. (Staff) Mr. Leeds advised that the property is the Amoco Gas Station at Sheridan Street and US 1 that had problems with a fence and trailer and that the original fine was originally $30,000. The Code Board chose to abate the fine to $500 plus. $100 in recording fees due to personal circumstances with a death in the family and efforts to comply within a short period of time. MINUTES CITY OF DANIA BEACH 20 FEBRUARY 26, 2002 A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to abate the fine to $600 subject to payment being received within 30 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-yes Mayor Flury-yes Item #11.5 was heard after Item 11.3. 11.4 Discussion of Dania Beach Centennial. (Mayor Flury) Mayor Flury suggested that the City Commission consider the committee that should be appointed to plan the City's Centennial celebration. Commissioner Mikes pointed out that Dania Beach is the first City to celebrate a Centennial and that big time sponsors should be pursued. Commissioner Bertino stated that the City will be 100 years old in a county of over 1.5 million people, which is significant nationally. Commissioner McElyea reported that he had previously requested from the Broward County Historical Society to hold the Pioneer's Day in Dania Beach during October and that the City's Birthday is November 4m ® The City Commission generally agreed that professional help would be needed and that they could begin to develop some ideas and identify the groups of people to be included on the committee and discuss the issue further at the March 12tn meeting. Item 11.7 was heard after Item 11.4. ADDENDUM ITEMS: Item #11.5 was heard after Item 11.3. 11.5 Request by Alexander Galligan for reconsideration on abatement of Code Enforcement Lien CEB97-0341 for property located at 2440 State Road 84. (Mayor Flury) Mayor Flury requested input from the City Commission on whether or not they wish to reconsider abatement requests for Items 11.5 and 11.6. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to deny the request to reconsider the abatement. 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 11.6 Request by Attorney Harry Hipler, on behalf of Pauline Cray, for reconsideration of abatement of Code Enforcement Lien CEB00-0503 for property located at 54 SW 15 Street. (Mayor Flury) MINUTES CITY OF DANIA BEACH 21 FEBRUARY 26, 2002 . A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to deny the request to reconsider the abatement. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-no Mayor Flury-yes Item 11.4 was heard after Item 11.6. Item 11.7 was heard after Item 11.4. 11.7 Discussion and possible action on a resolution establishing a "Riverland Communities Protection District' annexation proposal. (City Manager) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA CONFIRMING THAT THE CITY SUPPORTS THE CREATION OF A "RIVERLAND COMMUNITIES PROTECTION DISTRICT' TO LEGALIZE USES, BUILDINGS AND STRUCTURES THAT ARE NONCONFORMING WITH COUNTY AND CITY CODE, UPON SUCCESSFUL ANNEXATION OF THE GREATER RIVERLAND ROAD UNINCORPORATED AREA FROM BROWARD COUNTY BY THE CITY OF DANIA BEACH, FLORIDA. City Attorney Ansbro read the title of the resolution and advised that the district could be developed for the specific annexed area as long as health and life safety issues are in compliance with Code requirements. Commissioner Mikes suggested that an advisory board of the neighborhood be developed in the future so that the recommendations of the residents on what they want for the area could be presented to the City Commission as long as no significant changes are made to the lifestyles without life safety being jeopardized. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to adopt 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 Item 13.1 was heard after Item 11.7. 12. APPOINTMENTS: 12.1 Appointment of two (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 one (1) member to the Budget Advisory Board. MINUTES CITY OF DANIA BEACH 22 FEBRUARY 26, 2002 "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) electrical contractor member and 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 ELECTRICAL CONTRACTOR MEMBER AND 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 five (5) 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." 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 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 two (2) members 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. • MINUTES CITY OF DANIA BEACH 23 FEBRUARY 26, 2002 "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." Commissioner McElyea nominated Chris Winkelholtz for the Alternate position on the Nuisance Abatement Board. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the appointment of Chris Winkelholtz and 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 Item 13.2 was heard after Item 12.8. 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: Item 13.1 was heard after Item 11.7. 13.1 City Manager— Meeting Reminder: March 19-Joint Dinner Meeting with Hollywood City Manager Pato advised that agenda items are needed from the City Commissioners for the Joint Meeting with Hollywood. Mayor Flury mentioned airport, beach renourishment, and deep well injection issues that should be added. Discussion followed on Hollywood holding its joint meeting with Fort Lauderdale tomorrow and Attorney Brenda Chalifour was asked to attend on behalf of the City. Update-Southwest Street Closures — City Manager Pato advised that the test results should be completed by March 31 st and that color renderings would be provided to show the permanent landscaping. Mailings are going to be sent out and would cover areas north from Sheridan Street to Stirling Road and include the College Gardens community. City Manager Pato advised that BSO developed a Landlord Tenant Training Program to teach landlords how to maintain properties and that he wanted to know if the City Commission would be interested in conducting this type of service on a regular basis with the tenants in the community. In regards to abatement issues, he recommended that staff screen the cases first to MINUTES CITY OF DANIA BEACH 24 FEBRUARY 26, 2002 minimize the workload. Commissioner Mikes stated the importance of allowing the citizens to have access to the City Commission on these types of matters. Item 12.8 was heard after Item 13.1. 13.2 City Attorney Ansbro advised that an Attorney/Client session needs to be scheduled at 6:45 p.m. prior to the March 12th meeting to discuss the FPL Coalition litigation on the surcharge and property tax issue. 14. ADJOURNMENT This meeting adjourned at 11:30 p.m. *AYOR7-COMMISSIONER H. CHUNN, JR. ATT ST: n CHARLENE J H SON CITY CLERK APPROVED: MARCH 26, 2002 i • MINUTES CITY OF DANIA BEACH 25 FEBRUARY 26, 2002