HomeMy WebLinkAbout1333 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
MARCH 12, 2002
1. CALL TO ORDER:
An Attorney/Client session was held at 6:45 p.m.. Mayor Flury called the Regular Meeting to
order at 7:10 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* Reverend T. Lewis, Gethsemane Missionary Baptist Church
3. ROLL CALL:
Present:
Mayor: Pat Flury
Vice-Mayor: Robert Chunn
Commissioners: John Bertino
C.K. McElyea
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
® City Clerk: Charlene Johnson
Mayor Flury thanked the citizens, entire staff, and fellow City Commissioners for all of their
assistance over the past year. She presented an overview of accomplishments with Ordinance
adoptions, budget and financial issues, and special projects during her term as Mayor. Mayor
Flury was of the opinion that the one-year term for Mayor in the Charter should be amended to a
2-year term with an elected position and that she desired to establish a Charter Review Board to
address several Charter issues in the future.
Sophie Steele presented Mayor Flury with a plaque of appreciation for her efforts as Mayor this
past year by the Turn Around Dania Beach organization.
City Manager Pato was pleased to present Mayor Flury with a plaque from the staff and
employees of Dania Beach.
*SEATING OF MAYOR ROBERT CHUNK
Mayor Chunn commended Commissioner Flury for her many accomplishments and leadership
skills this past year while serving on the City Commission during her term as Mayor.
Mayor Chunn mentioned many accomplishments this past year especially the allocation of
$200,000 towards the Habitat for Humanity Program to purchase affordable lots to build homes
for those individuals that may not otherwise have the opportunity. Mayor Chunn advised of his
intentions to partner with NOAA from Key West in an effort to provide recreation and marine
programs for children in the City.
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CITY OF DANIA BEACH
Mayor Chunn thanked his wife, Denise, and two sons, Alonso and Bobbie, as well as those who
have supported him this past year. A special thank you was extended to Art Barker for his
friendship and Mayor Chunn stressed his desire to work together with the community to make
Dania Beach a better place to live.
*ELECTION OF VICE MAYOR
Mayor Chunn nominated Commissioner McElyea as Vice-Mayor, however, the motion died for
lack of a second.
Commissioner McElyea appreciated the nomination by Mayor Chunn for the Vice Mayor seat.
However, based on the excellent job that Commissioner Flury had accomplished this past year,
he recommended that she serve as Vice-Mayor. Commissioner McElyea pointed out that
Mayor Chunn works as does he and that Commissioner Flury would be the best representative
for the City at those events that the Mayor may not be able to attend.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, appointing
Commissioner Flury as Vice-Mayor.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
• 4. CITIZENS' COMMENTS:
4.1 Annette Hibbits, 30 SW 11 Street, expressed her opposition to the street closures in the
southwest section (Sheridan Street on the south, Dixie Highway on the north, Federal Highway
on the east, 4th Avenue on the west) of the City.
City Manager Pato stated that the tests for the street closure program are expected to be
completed by mid April. Meetings would then be held with the affected communities as well as
the City Commission to discuss the results prior to a public hearing to take action on the
program.
4.2 Albert Jones congratulated Mayor Chunn and pointed out that five African Americans
have served on the City Commission. Mr. Jones opposed the street closure program, which he
felt was imposed on the southwest community based solely on recommendations of special
interest groups within the City.
4.3 Bobbie Grace, 110 NW 8 Avenue, extended willingness on behalf. of the Northwest
Community and Dania Beach Men and Women's Club to assist Mayor Chunn over the next
year.
Mrs. Grace read two letters presented in October and January by the College Gardens
Association, Dania Heights Civic Association and Northwest Byrd Point Civic requesting certain
projects for the southwest section of the City with the use of funding from the 28th year
Community Development Block Grant Program. She mentioned that Mayor Flury had sent a
recent letter to Ray Lubomsky, Broward County, reiterating the City Commission's decision to
utilize the 28th Year CDBG funding for the Northwest section.
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In regards to Term Limits, Mrs. Grace mentioned her support of the change in 1993 and her
intentions of opposing the repeal in September or November when the Referendum question is
placed on the ballot for the Broward County Elections.
Commissioner Bertino clarified that the City Commission voted to allow the issue of Term Limits
to go on the ballot so that citizens of Dania could voice their opinion on whether or not they want
Term Limits.
Vice-Mayor Flury mentioned that audio tapes are available to the public on any of the meetings
held for the 28th Year CDBG program.
Commissioner Mikes agreed that Mrs. Grace voted in favor of Term Limits in 1993, however, he
pointed out that on November 26, 1991, Mrs. Grace, in her capacity as Commissioner, voted
against the first term limits Ordinance.
4.4 Elizabeth Ropp, 1452 NW 9th Street, mentioned the parking problems that occur in the
Melaleuca Gardens area and requested that residents from the area be exempted from the
issuance of parking citations based on the growth and overcrowding in the older neighborhood.
She requested to be allowed to park her vehicle in the cul-de-sac and that pickup trucks not be
cited for extending over the sidewalks.
City Manager Pato clarified that the issue mentioned by Ms. Ropp is a result of a dispute
between neighbors, which the City does not want to become a part. He advised that courtesy
warning notices have been issued in the area and that complaints have been registered about
garbage trucks having difficulty turning around with vehicles that are parked on the streets as
there are no swale areas. Effective April 1, Mr. Pato advised that staff would be issuing citations
for violation of the Parking Ordinance as the City has an obligation to enforce the City's Codes.
Laurence Leeds, Growth Management Director, clarified that parking citations are issued by
parking staff under the jurisdiction of Randy Wilkinson, Parks & Recreation Department, and not
Code Enforcement.
4.5 Richard Walser, 2809 SW 46 Street, requested assistance from the City Commission on
a drainage problem that exists because a new home adjacent to his home must meet the 8 foot
elevation requirement, thereby, causing water to run onto his property during heavy rains.
Commissioner Bertino advised that the 8 foot flood plane level was incorporated into the City's
Code because the Federal Government required it in order for residents to receive federally
subsidized insurance benefits for properties located in flood zones in the southeast and
northwest sections. He recommended that Bud Palm, Utilities/Public Works Director, be given
an opportunity to address the drainage problem with Mr. Walser. City Manager Pato agreed to
meet with Mr. Walser.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Presentation of"General Employee of the Month" award. (City Manager)
Mary McDonald, Administrative Services Director, and Bud Palm, Utilities/Public Works Director,
were pleased to present the "General Employee of the Month" award for February to James
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CITY OF DANIA BEACH
• Baker, Chief Water Plant Operator. Mr. Baker was commended for his 26 years of dedicated
service to the City's Water Plant operations and was recognized for receiving an award for the
City from the American Waterworks Association for Excellence in Safety.
5.2 Presentation by the Florida Department of Transportation and URS Construction
Services concerning rehabilitation of the Dania Beach Boulevard Bridge. (Staff)
Laurence Leeds, Growth Management Director, mentioned that a meeting was held with city
staff and FDOT and URS Construction in regards to the rehabilitation of the Dania Beach
Boulevard Bridge. The bridge renovation project will extent from April through December 2002.
Mr. Leeds clarified that it was his understanding that the bridge would be open to small boat
traffic during the construction; however, the bridge would be completely closed to automobile
traffic during September and October. Representatives from the Florida Department of
Transportation have indicated that during the remainder of the construction period (April to
August and November to December) at least one lane of roadway in each direction would be
closed to automobile traffic over the bridge.
Jose Velarde, P.E., Design Project Manager for Florida Department of Transportation, advised
that the project would begin April 15 and presented a schematic and information on the bridge
construction project.
Stuart Smith, P.E., Senior Project Engineer for URS Construction Services, Inc., expected the
project to take 7 to 8 months for the construction phase with completion sometime in December.
He clarified with the City Commission that the project would involve rehabilitation of the 1956
bridge and was estimated to cost $4,797,591.50. Mr. Smith advised that traffic would be
M detoured South to Sheridan Street and A1A and that FDOT has worked very closely with the US
Coast Guard to restrict the channel for smaller boat traffic during the construction and that larger
boats would be notified to use another channel. Discussion followed on a hurricane and
emergency plan being in place during the construction phase.
5.3 Presentation by Broward County relating to Land Preservation Bond Program. (Staff)
Ms. Volardi, Broward County Land Preservation Bond Program, explained that 16 properties
were identified that had potential to be acquired with the Broward County Safe Parks and Land
Preservation Funds, which passed by referendum in November 2000. At this time, she
projected that only 1/3 of the properties would be viable for purchase with the program. She
advised that her request tonight is to confirm whether or not the City would want to preserve the
entire site for Site 440 (King's Head Pub), Site 299 A and 299 B.
Scott Parks, Broward County, explained that Site 299A was approved by the City for acquisition
and management in January. Since then, the development plan has expired on Site 299B (1.88
acres), which is north of 299A. Mr. Parks asked that the City Commission confirm whether or
not they wish to support and manage the site in conjunction with 299A.
Commissioner Bertino advised that 299B was scheduled for a hotel development and he
recommended that Broward County contact the new owner to determine plans for the site
before the City takes action as a hotel would be of benefit to the City.
Commissioner Mikes inquired as to whether some of the other waterways parcels located within
the City might be purchased with the funding available through the bond program now that
many of the sites are not going to be acquired. Ms. Volardi advised that there are six parcels
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CITY OF DANIA BEACH
that might be feasible for small City parks and there are two sites that might be additions to the
Broward County Park system.
Site 356 A & B — Ms. Volardi reported that there are two parcels - one on the west and one on
the east site and two different owners. The owner of 356A on the east site wants to sell the
entire property. The 356B site located on the west site has been identified for sale for addition to
the Griffin Marine Park.
Ms. Volardi agreed to provide a progress status report on the 16 potential sites in order to
determine which ones are development or open space projects. She advised that Dania Beach
has the largest number of acres and sites and potential for acquiring land.
Site 343 -Commissioner Mikes inquired as to the Trails End site and Ms. Volardi agreed to
report back.
Ms. Volardi explained that a State grant is expected to expire this next week on 356B and that
the City must decide on whether or not they wish to add the parcel or close out the project. She
agreed to report back on the status of Site 356A as well.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to purchase
and manage 356B.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
Sites 440.1 and 440.3 are willing sellers and 440.2 is not a willing seller (Dania Beach
Boulevard and SE 5th Avenue). Mr. Parks advised that the owner of the southern portion is not
willing to sell even though the site is mostly mangroves as the owner wants to retain it for future
development possibilities with the whole site to the north. Commissioner Bertino recommended
crafting an agreement where the County could purchase the southern parcel and provide the
owner a transfer of the development rights over from the southern parcel to the northern parcel.
The City Commission generally agreed to have Ms. Volardi and Mr. Parks report back on the
status of the approved parcels at the March 26th meeting.
6. PROCLAMATIONS:
6.1 A Proclamation declaring April 13, 2002, as "A Day of Recognition of Alan Kehrer" upon
his retirement after 30 years of service to Port Everglades.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
Bills:
Approval of bills for the month of January, 2002.
Minutes - None
Travel Expenditures: None
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CITY OF DANIA BEACH
Resolutions - None
Ordinances —Title to be read b city attorney—
Y Y Y
7.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY VICTORY VILLAS, INC. & VICTORY LIVING PROGRAMS,
INC., FOR PROPERTY LOCATED AT 851 W. DANIA BEACH BOULEVARD, 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 RM (MULTIFAMILY) TO THE
CLASSIFICATION OF C-1 (OFFICE); PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY JOHN A. LETO, OWNER OF PROPERTY LOCATED ON
THE SOUTH SIDE OF GRIFFIN RD, WEST OF SW 27T" AVENUE, RECORDED AS
THE LETO ACRES PLAT, PLAT BOOK 168 PAGE 19, 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 FOLLOWING PARCELS: THE NORTH 25.00 FEET OF
PARCEL 'B' AND ALL OF PARCEL 'A', LETO ACRES PLAT, FROM BROWARD
COUNTY 'A-1' (AGRICULTURE) AND BROWARD COUNTY B-2 (GENERAL
COMMERCIAL) TO THE ZONING CLASSIFICATION OF DANIA BEACH C-2
(COMMUNITY COMMERCIAL); ALL OF PARCEL 'B' LESS THE NORTH 25.00 FEET
AND LESS THE EAST 25.00 FEET OF THE SOUTH 461.20 FEET OF PARCEL 'B' OF
® LETO ACRES FROM THE BROWARD COUNTY 'A-1' (AGRICULTURE) ZONING
DISTRICT TO THE BROWARD COUNTY RD-10 (DUPLEX/TOWNHOUSE) ZONING
DISTRICT; AND THE EAST 25.00 FEET OF THE SOUTH 461.20 FEET OF PARCEL
'B', LETO ACRES PLAT, FROM THE BROWARD COUNTY 'A-1' (AGRICULTURE)
ZONING DISTRICT TO THE ZONING CLASSIFICATION OF DANIA BEACH OS
(OPEN SPACE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
7.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED
"ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES, BY AMENDING
SECTION 2-12, ENTITLED "ISSUANCE OF PROMISSORY OBLIGATIONS," BY
INCREASING THE TOTAL AMOUNT OF GENERAL FUND PRINCIPAL OBLIGATIONS
OUTSTANDING AT ANY ONE TIME FROM $3,000,000.00 TO $6,000,000.00;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA GRANTING TO
FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
ELECTRIC FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING TO
SUCH FRANCHISE; PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF
DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the titles of the Ordinances on first reading.
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CITY OF DANIA BEACH
® A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, approving the
Consent Agenda.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
8. BIDS AND REQUESTS FOR PROPOSALS:
8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, WITHDRAWING THE
BID AWARD TO TOTAL QUALITY CONSTRUCTION SERVICES, INC. AND
AWARDING THE BID FOR THE PURCHASE OF 25 ROYAL PALM TREES TO THE
SECOND LOWEST BIDDER, EARTHWAY NURSERY, IN AN AMOUNT NOT TO
EXCEED $58,375.00, SUBJECT TO AN AGREEMENT APPROVED BY THE CITY
ATTORNEY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE.
Commissioner McElyea recommended taking trees from the cemetery for use on Dania Beach
Boulevard before paying the high price of$2,300 per tree from Earthway Nursery.
Commissioner Mikes was of the opinion that the City wanted 20 foot high Royal Palm Trees and
not 30 to 40 foot high trees, which are also older trees.
Bud Palm, Utilities/Public Works Director, agreed that trees could be moved from the cemetery,
which are equally 25 feet in height. Commissioner Mikes advised that Mr. Palm could then plant
smaller Royal Palms at the cemetery.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, denying Item 8.1.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, withdrawing
the bid award to Total Quality Construction for 25 Royal Palm Trees.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
Commissioner Bertino asked that Bud Palm bring back a landscape plan on moving the trees
and Commissioner Mikes mentioned planting recommendations on the relocation of the trees.
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CITY OF DANIA BEACH
9. PUBLIC HEARINGS AND SITE PLANS:
• 9.1 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 TANGER 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Chunn closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting
the Ordinance on second reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
9.2 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE
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. (SECOND
READING AND PUBLIC HEARING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Growth Management Director, recommended the following language be added
to Paragraph g on page 5 "Distribution or delivery facility as a principal use subject to the
following conditions:"
Commissioner Mikes recommended that open rack boat storage facilities be approved by
Special Exception. Mr. Leeds advised that under the existing zoning outdoor storage of new
boats is allowed and suggested the,inclusion of language requiring rack storage of boats above
ground being in an enclosed building.
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Chunn closed the public hearing.
•
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CITY OF DANIA BEACH
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, amending
the Ordinance in Paragraph g on Page 5 "Distribution or delivery facility as a principal use
subject to the following conditions" and storage of boats above ground level in any sort of
configuration or associated with any structure shall be in an enclosed building and a Special
Exception use.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Chunn closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the
Ordinance on second reading as amended.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
9.3 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;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING AND PUBLIC HEARING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Growth Management Director, advised that the Planning & Zoning Board
recommended approval and that the Zoning Ordinance Text change was being heard on
second reading.
Mayor Chunn opened the public hearing.
Ed Stacker, Esq., Ackerman Senterfitt, advised that he represents Tommy and Anne Frank and
Patsy Metlow who are owners of property located at 1409 South Federal Highway. Attorney
Stacker mentioned that a letter was delivered to City Manager Pato in regards to a formal
request for the palmistry license application for Patsy Merlo being added on this agenda. The
minutes of January 8, 2002, state that the license was continued for 60 days. Attorney Stacker
understood, after having spoken to City Manager Pato, that the license issue would be placed
on a forthcoming agenda. For the record, Attorney Stacker was of the opinion that the palmistry
license application was still pending prior to the preparation of the proposed ordinance and that
the 2500 foot separation requirement would not affect his client's property at 1409 South
Federal Highway. Attorney Stacker pointed out that another palmistry business license was
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CITY OF DANIA BEACH
issued at the January 22 meeting by the City Commission and recommended continuance of
® the second reading of the Ordinance until after his client's license is placed back on an agenda
and approved at a meeting.
Charlene Scalese, 826 NW 13th Street, inquired as to whether the ordinance deals with
residential and business use at one location. Mr. Leeds clarified that the only issue tonight
relates to regulations affecting the spacing of fortune teller businesses.
Hearing no further comments, Mayor Chunn closed the public hearing.
A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, adopting
the Ordinance on second reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
9.4 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE
XXVI, SECTION 26.10(A) TO APPLY LOCATIONAL RESTRICTIONS TO FORTUNE
TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS AS PERMITTED IN
THE BROWARD COUNTY COMMUNITY BUSINESS (B-2), PLANNED BUSINESS
CENTER (B-2A), GENERAL BUSINESS (B-3), AND COMMERCIAL (C-1) DISTRICTS;
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.
Laurence Leeds, Growth Management Director, advised that this Ordinance relates to the
spacing requirement for fortune teller businesses and applies to the Broward County zoning
district.
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Chunn closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting
the Ordinance on first reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
9.5 VA-59-01 — A Variance request by Jim Toth, representing Village Club Apartments, to
permit a six foot high (seven foot columns) CBS wall and metal picket fence in the front
yard of a multi-family development adjacent to NE 2nd Street (fence and wall limited to
four feet in height in front yard.)
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CITY OF DANIA BEACH
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY JAMES S. TOTH, REPRESENTATIVE FOR THE VILLAGE
CLUB APARTMENTS FROM CHAPTER 28 ZONING, ARTICLE 5.36 WALLS, FENCES
AND HEDGES, FOR PROPERTY LOCATED AT 500 NE 2ND STREET, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Growth Management Director, presented plans for the development and
explained that the property is located on the south side of NE 2 Street and directly east of Dania
Jai Alai. The applicant desires to construct a 6 foot high wall and fence parallel to the front
property line and the wall and fence would extend the entire length of the property. Under
current Code, a 4 foot wall and fence is permitted. The Planning & Zoning Board recommended
approval, however, the Board expressed concern that the 6 foot solid portion of the wall located
next to the east driveway would limit visibility for police patrols during evening hours. Mr. Leeds
advised that BSO recommended the wall portion (next to the east driveway entrance) be
deleted from the plan and replaced with a metal picket fence.
Mayor Chunn opened the public hearing.
Ed Plasky, Land Planner with Craven Thompson, explained that the property was purchased by
James Toth in November 2001 and that Mr. Toth, a developer, had built this type of visual
barrier, fencing and wall section on several other properties. He advised that his client, prior to
requesting the variance, had communicated with the condominium to the east, neighbors to the
north and Dania Jai Alai in reference to extending the fence across the entire front of the
property and connecting to an existing fence at Dania Jai Alai and that no objections were
encountered. Mr. Plasky advised that the plat for the property lists a road right-of-way on the
Dania Jai Alai property, however, there is no road. His client would like to connect to the picket
fence at the right-of-way and allow a proposed gate for residents in the neighborhood to access
the area with the understanding that a Hold Harmless Agreement would be required. Mr. Plasky
explained that two entrances currently exist and that his client would like to close the western
opening so that a gate could be installed to allow emergency access, widen the 24 foot
driveway at the eastern portion and install a 7-foot landscape median, install a small section of
wall on the east side and install a 20-foot section of the wall west of the revised driveway. A
large halogen light on the east side and lights from the building would provide enough visual
lighting for safety purposes for the police and residents. In addition, the visual barrier would
reduce the current dumping of trash that continues on the western property line.
Hearing no further comments or objections, Mayor Chunn closed the public hearing.
Vice-Mayor Flury clarified with Mr. Leeds that the majority of the area would be fenced and that
a small portion around the entrance would be a wall and that people would be able to see
through.
Commissioner McElyea was concerned with a fence being extended across what is known on
the plat as the 5th Avenue,extension and the liability impact on the City should such a fence be
installed. Attorney Ansbro advised that an encroachment agreement could be granted for a
portion of the unimproved road. Commissioner McElyea suggested that the City pursue renting
the 5th Avenue extension portion to Mr. Toth as a revenue source to the City and that this be
addressed when the encroachment request comes back before the City Commission.
MINUTES 11 MARCH 12, 2002
CITY OF DANIA BEACH
City Manager Pato advised that from a crime prevention standpoint a solid wall at the entrance
• to any complex is not desirable. Staff would prefer that the same picket fence extend throughout
the property so that surveillance by the police or residents driving by would not be deterred. Mr.
Palsky advised that his client would like the wall to be solid and that they could reduce the width
to 20 feet.
City Attorney Ansbro clarified that the encroachment is not part of the variance approval and Mr.
Leeds advised that staff is not recommending approval of the encroachment.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, adopting the
Resolution (VA-59-01) subject to the following: (1) Applicant to revise site plan to clearly show
both existing trees on NE 2"d Street; (2) City landscape consultant to verify, prior to issuance of
a building permit, that sufficient space is provided between the proposed fence/wall and existing
trees; (3) Ingress/egress control devices (ie., electronic gates) cannot be installed without the
written approval of the Fire Marshall.
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-no Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
10. COMMISSION COMMENTS:
10 10.1 Commissioner Bertino congratulated Vice-Mayor Flury for her service as Mayor this past
year and was confident that Mayor Chunn would do an equally good job.
10.2 Commissioner McElyea requested that the City Manager have the street lights repaired
on US 1 south of 2nd Street down to Stirling Road. He allowed Clinton Hill to address the City
Commission.
Clinton Hill, 261 SW 13 Street, advised the City Commission that he has Royal Palm Trees for
sale, however, he would not sell them to the Public Works Director. City Manager Pato agreed
to contact Mr. Hill.
10.3 Commissioner Mikes requested that Chief Cowart, BSO, report on the recent carjacking
that occurred in the City. Chief Cowart advised that BSO is following up on leads and that the
suspect has not yet been identified. The vehicle was found in Carol City and they believe the
individual is a resident of Carol City. Chief Cowart commented on the Dismas House facility.
Commissioner Mikes asked City Manager Pato to implement a procedure to check the
playground equipment on a weekly basis.
Commissioner Mikes requested an update on the dredging project for the Dania Cut-off canal
and finger canals. City Manager Pato advised that the City is going to be able to piggyback off
a Florida Department of Transportation project to dredge the canals. Revenue from an FPL
Special Exception use approval and grant funds from the Florida Inland Navigation District
would be used to cover costs for the engineering and the study aspects of the project. Mr. Pato
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CITY OF DANIA BEACH
advised that Bonnie Temchuk, Assistant to the City Manager, is working on the costs associated
with the project and would be reporting back at the March 26th meeting.
Federal EIS (Environmental Impact Statement) Supplement on Airport Expansion — Brenda
Chalifour, Special Counsel, advised that the EIS statement is available by calling her at 925-
0300. The comment deadline is April 29 and a public hearing is scheduled April 15. In addition,
the Broward County Commission directed staff to create an Airport Advisory Board that will
involve 14 members. Attorney Chalifour advised that the City can appoint an elected official and
member of a homeowners association. The first meeting is set for March 20. Attorney Chalifour
advised that she would be working with City Manager Pato on responding to the EIS report by
the deadline date.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to appoint
Commissioner Bob Mikes to the elected official position on the Broward County Airport Advisory
Board.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Commissioner McElyea-yes
Commissioner Mikes-yes Vice-Mayor Flury-yes
Mayor Chunn-yes
10.4 Vice-Mayor Flury- none
10.5 Mayor Chunn thanked everyone for their support.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of establishing committee for planning the Dania Beach Centennial. (Mayor
Flury)
Continued to March 26, 2002.
11.2 Request by John Bartley, B&B Builders Corp., to waive the replatting requirements for
certain easements and right-of-ways for the St. James Park North Development.
Laurence Leeds, Growth Management Director, advised that the property is located north of
Sheridan Street, south of Olsen Middle School, east of SE 2 Avenue. The City Commission
denied a request by Trafalger Development to build 25 rental units per acre. Mr. Bartley is
proposing to vacate the streets in this area, which is undeveloped, and build a single family
community of approximately 19 homes.
Mr. Leeds clarified that the request is to waive the replatting requirements in order to vacate
portions of 14th and 15th Street and a utility easement. The Code allows the City Commission to
waive the requirement if it feels the project is appropriate. Mr. Leeds advised that Mr. Bartley
must provide a development site plan to the City Commission and a letter of consent from the
property owners affected by the street vacation before the street can be vacated.
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CITY OF DANIA BEACH
Commissioner Mikes stated that the proposed project should be very good before the City
allows the vacation. Mr. Leeds was of the opinion that the project would involve a zero lot line
configuration with at least 10 feet between units.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, waiving the
replatting requirements for certain easements and right-of-ways for the St. James Park North
Development.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Commissioner McElyea-yes
Commissioner Mikes-yes Vice-Mayor Flury-yes
Mayor Chunn-yes
11.3 Request by Michael Sforza to discuss the purchase of vacant land owned by City and
generally located South of State Road 84 and West of Ravenswood Road (Folio #0220-
02-0405). (Staff)
Michael Sforza requested direction from the City Commission on how his family could negotiate
to pay the City for the vacant lot obtained by the City through annexation and a tax deed
process from Broward County. An automobile business has been operating at the site since
1977 and the property is currently leased.
City Attorney Ansbro advised that this would require a disposition of surplus property process in
accordance with Charter provisions. The property is landlocked and derives no value to the City
other than the value to Mr. Sforza. However, Mr. Sforza should pay the City for using the
property over time since the City carried liability exposure. City Attorney Ansbro mentioned that
there is a need to establish a massive disposition of vacant properties that the City acquired
through tax deed sale or which carry excessive lot mowing and code liens and declare surplus
to reduce liability on the City.
Mr. Sforza clarified that the property has been insured for 25 years and he agreed to add the
City on as co-insured with his agent.
Commissioner Bertino clarified that the property came to the City in 1995 and that Mr. Sforza
was aware that the land belonged to the City in 2000 and the land continued to be used by his
tenant. Commissioner Bertino felt that a proper rent should be established from 1995 to present
and only after the rent is received the City should advertise for bid.
The City Commission generally agreed to direct City Attorney Ansbro and City Manager Pato to
negotiate a fair amount for the past use and arrangement for the current use and after these
issues are resolved to then bring back a resolution declaring the property surplus. This would
include confirmation that the property is insured and that the City is added as additional insured.
(Continued from 2/12/02 meeting)
11.4 Request by J.I., E., & Audrey Weinstock for abatement of CE698-0200 for property
located at 138 N. Federal Highway.
A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, continuing the
item to March 26, 2002.
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CITY OF DANIA BEACH
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Commissioner McElyea-yes
Commissioner Mikes-yes Vice-Mayor Flury-yes
Mayor Chunn-yes
11.5 Request by Ed Darling for reduction of fines or abatement of lot mowing liens
accumulated on two lots (1203-34-0350 and 1203-34-0360). (Staff)
Attorney Keith Martin, 2331 North State Road 7, Lauderhill, representing Ed Darling, advised
that the lots are located on SW 9th Street and Phippen Road. Attorney Martin advised that Mr.
Darling purchased the two lots and that he has plans to build 3 bedroom 2 bathroom houses on
the lots. The liens total roughly $9,400 and $4,295 and tax assessed value on both lots are
$5,400 and that it would be cost prohibitive for Mr. Darling to develop the houses at an
affordable price. Attorney Martin advised that his client is asking for a waiver of the interest and
recording fees and that he would pay the amounts of the actual liens.
Commissioner Bertino clarified that Mr. Darling purchased the properties in February knowing
that the property had liens assessed against both lots.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to deny
the request.
The motion passed on the following 5/0 roll call vote:
. Commissioner Bertino-yes Commissioner McElyea-yes
Commissioner Mikes-yes Vice-Mayor Flury-yes
Mayor Chunn-yes
12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED)
City Manager Pato requested that the City Commission consider appointments for the Unsafe
Structures Board in the near future based on terms for three members recently expiring.
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.
"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."
•
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CITY OF DANIA BEACH
12.3 Appointment by Commission of one (1) citizen member on the Civil Service Board for
term expiring April 1, 2002.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF ONE CITIZEN MEMBER ON THE CIVIL
SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A
THREE-YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
12.4 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."
12.5 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."
12.6 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."
12.7 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."
12.8 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."
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CITY OF DANIA BEACH
_ 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."
12.10 Appointment of three (3) members to the Unsafe Structures Board in the positions of
Architect, Person Experienced in Social Problems and Real Estate Appraiser for terms
expiring March 11, 2002.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERS TO THE UNSAFE
STRUCTURES BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
13. ADMINISTRATIVE REPORTS:
13.1 City Manager - As of September 1, 2001 - a new area code 754 was implemented for
Broward County, currently served by area code 954. The 754 area code will only be assigned to
new numbers, existing numbers will not change. Effective April 1, 2002, ten-digit dialing will be
required to complete all Broward County calls.
• City Manager Pato advised that a final agenda for the March 19 Joint Meeting with Hollywood
would be completed by the end of the week and that the votes are in on the Riverland Road
annexation and Fort Lauderdale was chosen.
13.2 City Attorney Ansbro requested an Attorney/Client Session on March 26'h for the FPL
litigation and requested a workshop meeting with Harbour Towne. The City Commission
generally agreed to hold a workshop meeting on April 10 at 4:30 p.m. and have City Manager
Pato obtain written material in advance of the meeting.
Commissioner McElyea commended Mayor Chunn for doing a good job running the meeting
tonight.
14. ADJOURNMENT
The meeting was adjourned at 10:35 p.m.
Robe H. Chunn, Jr., Mayor
Charlene Johns n, ity Clerk
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CITY OF DANIA BEACH