HomeMy WebLinkAbout1338 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 23, 2002
1. CALL TO ORDER:
Mayor Chunn called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Pastor Gary Culbertson, Griffin Road Baptist Church
3. ROLL CALL:
Present:
Mayor: Robert H. Chunn, Jr.
Vice-Mayor: Pat Flury
Commissioners: John Bertino (arrived at 7:09 p.m.)
C.K. McElyea
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
4. CITIZENS' COMMENTS:
Addressing the Commission:Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may
be made during each Commission meeting during the period set aside for "citizen comments." A thirty (30) minute "citizen
comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on
that day's agenda. The citizen comments period shall begin promptly at 7:00 PM. Each speaker shall be limited to 3 minutes for
his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to
the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission
shall determine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all
speakers, or (b) whether to limit the number of speakers or amount of time, per speaker. A speaker's time shall not be
transferable to another speaker.
4.1 Beulah Lair came forward to express appreciation to the City Commission, City
Manager Pato, Randy Wilkinson, Attorney Brenda Chalifour for their assistance with
fighting the South Runway expansion at the Fort Lauderdale-Hollywood Airport. She
encouraged the public to attend the Broward County Airport Task Force Meeting on May
15 at 7:30 a.m. at Terminal 4 at the airport.
4.2 Steve Welsch, 315 DeSoto Street, Hollywood, President of the Hollywood North
Beach Neighborhood Association and Council of Civic Associations (17 neighborhood
associations in Hollywood) and Airport Advisory Board of Hollywood, came forward to
commend the City of Dania Beach for their efforts to oppose the airport expansion.
4.3 Bill Wosenitz presented information on the environmental impacts being imposed
by the airport expansion on John Lloyd Park and canal systems in Dania Beach.
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CITY OF DANIA BEACH
4.4 Pamela Swanson, 4681 SW 33Id Avenue, advised that she had a petition of 116
signatures urging the City Commission to install speed humps and street lights on SW
33 Avenue to reduce the traffic dangers.
4.5 Anthony T. Ditommaso, 117 NE 1st Court, presented a petition urging the City
Commission to install four (4) speed bumps on NE 1" Court to reduce the high volume of
traffic to protect the children in the area. He also suggested that street closings might
help the traffic problem.
City Manager Pato recommended that surveys be conducted by BSO before the speed
bumps are installed because the traffic is diverted to other streets.
Mr. Wosenitz suggested to make NE 3rd Street a one-way street to assist with the
problem.
Chief Cowart advised that a survey could be conducted by Friday. City Manager Pato
advised that it would take a week after that to install the beep bumps. Chief Cowart
mentioned that the street closure report should be completed within the next 10 days.
Commissioner McElyea stressed the importance of installing the speed bumps right
away instead of wasting time and money having staff conduct surveys.
A motion was made by Commissioner McElyea, seconded by Commissioner Bertino,
directing City Manager Pato to install the speed bumps as requested.
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
4.6 Jay Field expressed appreciation to the City Commission and staff for their
efforts to help the neighborhoods of Dania Beach fight the airport expansion. He advised
that at the last Broward County Airport Task Force Meeting, the Aviation Director
recommended closing the Cross Runway 1331, which would divert hundreds of
airplanes to the South Runway in the event that the north runway was closed.
On behalf of a neighborhood group on SW 35 Avenue, Mr. Fields requested that the City
require the Fantasy Lounge to install a wall or landscape buffer to protect the residential
neighborhood.
Laurence Leeds, Growth Management Director, advised that he had met with Jay Field
on the Fantasy Lounge issue and that there are public safety issues that need to be
addressed when a 6 foot fence is installed. Vice-Mayor Flury recommended a ficus
hedge over the 6 foot fence. Mr. Leeds agreed to meet with the residents.
4.7 Chantal Gagnon, Chair of the Restructuring Committee for Main Street,
commented on the Community Redevelopment Workshop Meeting that was held April
16th and encouraged the 7:00 p.m. meeting time on all City Commission meetings. Ms.
Gagnon reported a Council of Civic Associations is being formed called Dania Beach
Neighborhoods United and that the website address is DBNU.net.
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• 4.8 Clinton Hill, southwest Dania Beach, recommended placing trash dumpsters in
the western portions and Bryd Point areas of the City for residents to dump trash.
City Manager Pato introduced Councilwoman Susan Starkey, Larry Peters, Town
Engineer, and Debbie Ross, Assistant City Manager, from the Town of Davie who are
working with Dania Beach on the airport expansion.
City Manager Pato explained that Bud Palm was retiring from his position as Public
Works/Utilities Director. Mr. Pato presented a brief background on Michael Sheridan,
P.E., and introduced him as Mr. Palm's replacement on May 13. Bud Palm was
commended for his dedicated service to the City.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Dania Beach Main Street, Inc. - "It's By Design" Award for recently renovated
projects in the Main Street Program Area.
John Etling, Chairman of the Dania Beach Main Street Design Committee, recognized
Richard Seay, Patty Hart and Chantal Gagnon from Main Street and presented "Its By
Design" awards to the following:
Rigoberto Mofin for Renaissance Arts & Furniture Gallery.
Toni Green for Salutations.
Paula Schimmel for renovating her property at 6 NW 1st Avenue that will become a new
business called Wild Garden Design. Mr. Etling advised that this business renovation
was funded by the first Dania Beach Main Street low interest fagade improvement loan
program, which is available to all property owners in the downtown Main Street Program
area.
5.2 BSO District 2 "Deputy of the Month" for March 2002— Deputy Arthur Perry.
Chief Cowart, BSO, was pleased to introduce Deputy Gary Gesembede and "Swimmer"
as members of the City's new Drug Dog Program.
Vice-Mayor Flury recognized BSO Dania Beach District II for having the highest
reduction in the crime rate this past year.
5.3 Volunteer Recognition on efforts to assist City with distribution of informational
material for the airport expansion public hearing held April 15, 2002.
City Manager Pato recognized all of those citizens who assisted the City in distributing
information encouraging attendance at the April 15th public hearing at the Broward
County Convention Center to speak against the airport expansion. City Manager Pato
thanked the City Commission for their efforts and expressed a special thank you to
Commissioner Mikes for his continued efforts and knowledge of the airport issues. Mr.
Pato advised that Commissioner Mikes attended a Town of Davie meeting with him last
week on the airport issue and he presented a Resolution from the Town of Davie
• opposing the airport expansion.
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Commissioner Mikes mentioned that the previous commission did not want to fight
Broward County on the airport expansion and that this Commission is very supportive.
He also recognized Jay Field for his efforts to oppose the airport expansion and pointed
out that Mr. Field spends his own money to make up signs and help in any way possible.
Commissioner Mikes thanked the representatives from the Town of Davie for joining the
City in the fight against the airport.
Commissioner Mikes stressed the importance of protecting quality of life, addressing
pollution issues and to protect the parks for the betterment of all communities. He also
expressed appreciation to Attorney Brenda Chalifour and Charlene Scalese for their
assistance.
Commissioner McElyea commended Commissioner Mikes for his efforts to fight the
airport expansion and was pleased that Hollywood and Davie have now joined the City
in the fight. He commented on the damage that has been done to adversely impact the
environment and the need for the City to continue its fight.
5.4 Presentation by Sean Davis & Associates for City of Dania Beach
Comprehensive Annual Financial Report for year ended September 30, 2001.
Dave Keller, Finance Director, introduced Sean Davis and Heather Sinclair from S.
Davis &Associates, P.A.
Sean Davis advised that this was the third year that his company conducted the City's
• audit and he was pleased to report that the audit went very smoothly this year in spite of
the major changes in management staff. He commended management and the
members of the Finance Department staff for their assistance.
Mr. Davis presented a letter on Required Communications for the year ended
September 30, 2001 and presented an overview of the Comprehensive Annual Financial
Report as completed by S. Davis & Associates, P.A. Mr. Davis was pleased to report
that the City has met all auditing requirements and he presented recommendations
outlined in the Management Letter Required by Section 10.554(g) of the Rules of the
Auditor General of the State of Florida.
Dave Keller, Finance Director, explained that the City applied 14 financial indicators
developed by the Auditor General to identify steps needed to improve the City's Internal
Control Structure and to reverse the City's recent financial trends in order to provide a
more solid financial condition.
The City Commission presented comments and Mr. Davis responded to questions.
5.5 Presentation of revised draft EIS response. (White & Case, LLP)
City Attorney Ansbro introduced Attorney Neal McAliley, White & Case, LLP, who
prepared the response to the Supplemental Draft Environmental Impact Statement
Proposed Expansion of Runway 9F-27L, Ft. Lauderdale-Hollywood International Airport.
Attorney Neal McAliley, White & Case, LLP, presented a brief overview of his experience
working on environmental and airport issues. Attorney McAliley summarized the issues
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that he found in the Supplemental Draft Environmental Impact Statement and provided
• the legal process to be followed. He projected 6-18 months for FAA to make a decision
on the DEIS responses. After all comments are submitted to the FAA, the FAA would
issue a Final EIS and 30 days after the Final EIS, a Record of Decision would be issued.
Discussion followed on the need to research the zoning aspects of Brooks Park as there
may be a restriction to use the park for"park" use only. Attorney McAliley commented on
the deficiencies in the SDEIS analysis on many levels relating to noise, quality of life,
property values and environmental impacts that are outlined in the City's response.
The City Commission was pleased with the 14 page response to the SDEIS as
presented by Attorney McAliley and it was noted that the report would be signed by the
Mayor and sent to the FAA by April 29tn
6. PROCLAMATIONS:
6.1 A proclamation declaring May 19-25, 2002, as "National Public Works Week" in
the City of Dania Beach.
6.2 A proclamation declaring April 29 through May 5, 2002, as "United Way of
Broward County Appreciation Week " in the City of Dania Beach.
City Manager Pato read the proclamation and presented the proclamation to a
representative of United Way of Broward County.
• ITEMS PULLED FROM THE CONSENT AGENDA: Vice Mayor Flury pulled Item 7.4
and Commissioner McElyea pulled Item 7.5.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
Bills: None
Minutes —
7.1 Approval of minutes for Regular Meeting, April 9, 2002.
7.2 Approval of minutes for workshop meeting May 17, 2001.
Travel Expenditures:
7.3 April 22-23, 2002- Bruce Caruso, EMS Captain, Fire Department, travel to
Sanford, Florida to perform final inspection on new rescue truck for the Fire
Department.
Resolutions —
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING
THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF
SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM
SHERIDAN 300, INC., A FLORIDA CORPORATION, GENERAL PARTNER OF
SHERIDAN 300, LTD.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
•
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CITY OF DANIA BEACH
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING A
• $500.00 INDIVIDUAL MONTHLY EXPENSE ALLOWANCE FOR CITY
COMMISSIONERS AND DEPARTMENT HEAD DIRECTORS OF THE CITY OF
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Ordinances — Title to be read by city attorney —
7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE FINANCE DIRECTOR TO SIGN CHECKS FOR THE PAYMENT OF
MONEY BY THE CITY; AMENDING THE CITY CHARTER (SECTION 1 OF
ARTICLE 6 OF PART VII OF THE CITY CHARTER) AND SECTION 2-9 OF THE
CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH CHECK SIGNING
AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
After City Attorney Ansbro read the title to the Ordinance under Item 7.8, a motion was
made by Commissioner Bertino, seconded by Commissioner Mikes, to approve the
Consent Agenda with the exception of Items 7.4 and 7.5. 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
. ITEMS PULLED FROM THE CONSENT AGENDA:
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN ASHBRITT, INC. , A FLORIDA CORPORATION, AND
THE CITY OF DANIA BEACH FOR DISASTER RECOVERY SERVICES;
PROVIDING FOR A THREE-YEAR TERM OF THE AGREEMENT, PROVIDED,
HOWEVER, THE CONTINUATION OF THIS AGREEMENT BEYOND THE END
OF ANY FISCAL YEAR SHALL BE SUBJECT TO THE AVAILABILITY OF
FUNDS FROM THE CITY IN ACCORDANCE WITH CHAPTER 129, FLORIDA
STATUTES; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT,
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Vice-Mayor Flury expressed concern that the agreement does not require approval
before the company completes the work.
Bud Palm, Utilities/Public Works Director, explained that the company would be provided
with a Scope of Services and would only do what they are directed to do. City Attorney
Ansbro advised that the 2.3 provides for approval.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting
the Resolution. 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
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CITY OF DANIA BEACH
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE USE OF 100% OF THE REVENUES RECEIVED FROM THE
ADMINISTRATIVE PENALTY FEES PROVIDED IN THE VEHICLE
IMPOUNDMENT ORDINANCE NO. 25-99 (ADOPTED SEPTEMBER 28, 1999) ,
AND AMENDED BY ORDINANCE NO. 2000-048 (ADOPTED NOVEMBER 28,
2000) AS REFERENCED IN ARTICLE VI OF CHAPTER 20, SECTION 20-82,
OF THE CITY CODE OF ORDINANCES, ENTITLED VEHICLES USED TO
FACILITATE CERTAIN CRIMES, AUTHORIZING THE CITY MANAGER TO
USE HIS DISCRETION IN THE USE OF 100% OF THE FUNDS FOR
ADDITIONAL OPERATIONS AND/OR EQUIPMENT OVER AND ABOVE
ROUTINE ENFORCEMENT SERVICES CURRENTLY PROVIDED IN THE
BROWARD SHERIFF'S OFFICE CONTRACT; DIRECTING THE FINANCE
DIRECTOR TO ESTABLISH A BUDGET FOR SAID EXPENDITURE USAGE;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE
DATE.
Commissioner McElyea was concerned that the City may face exposure to lawsuit and
that some of the funds should be set aside and disagreed with supplementing the
payment of services already provided in the BSO contract.
City Attorney Ansbro advised that he contacted Hollywood, Miami, Tampa and West
Palm Beach, who also utilize the Impoundment Fees. He mentioned that Hollywood and
Miami have been challenged in court. He advised that Miami charges a $1,000
Impoundment Fee and they have no provision to relieve innocent owners. City Attorney
Ansbro advised that the case law so far has been favorable for the cities and it appears
that the Ordinance is defendable. He expected the results of the Appellate Court
decision in October.
City Manager Pato advised that the intention is still to use a portion of the funds for
incremental additional equipment and law enforcement activities for prostitution and drug
crimes. The Resolution was changed to 100% based on what other cities have
designated; however, it does not mean that all of the funds would be spent. In addition,
City Manager Pato clarified that the fee designation would not go into effect until October
1, 2002, as these funds are currently going into the General Fund for this fiscal year. A
reporting mechanism would also be in place to report to the City Commission on the
effectiveness and use of the funds from the Impoundment Fees.
Commissioner Bertino agreed that 100% of the funds should be used for crime
prevention, however, he thought it would be prudent to set aside 50% in a sequestered
fund for future use for lawsuits.
Discussion followed on these funds being used for grant opportunities.
Commissioner Mikes advised that the City should be receiving certain services and
should not be paying twice for such services.
Vice-Mayor Flury agreed with Commissioner Bertino's suggestion and was assured that
there was no prohibition to use the funds for law enforcement. Vice-Mayor Flury clarified
• that the City does have to wait to use BSO equipment to conduct stings for these types
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CITY OF DANIA BEACH
of law enforcement activities and that the City would save money in the long run if we
had the equipment available when the NRT Team needs to do its job.
Mayor Chunn agreed that the BSO officers need the equipment and that it would make a
big difference in fighting drugs and prostitution in the City.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting
the Resolution as it stands with the understanding that the effective date would be
October 1, 2002, staff would provide a report on the expenditures to the City
Commission in advance of the use unless the expenditures are an emergency, and that
any emergency use would be reported to the City Commission at a later date. The
motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-no Mayor Chunn-yes
Commissioner Mikes-yes
8. BIDS AND REQUESTS FOR PROPOSALS:
8.1 Staff recommendation on RFP award for engineering services for 27th Year
Community Development Block Grant Program.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE ENGINEERING CONSULTANT
SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE
NORTHWEST BEAUTIFICATION PHASE IV PROJECT, UNDER THE 27T"
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM;
PROVIDING THAT SAID SERVICES SHALL NOT EXCEED FORTY-FOUR
THOUSAND ONE HUNDRED TEN DOLLARS AND NO CENTS ($44,110.00);
PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Bonnie Temchuk, Assistant to the City Manager, advised that the Committee
recommended Chen & Associates because they would be better at community
involvement for the street closure program in the northwest section. Ms. Temchuk
advised that Chen & Associates was the lowest bidder and that Broward County
Community Development allowed $45,116.80 for the grant program.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting
the Resolution. 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
City Manager Pato expressed the importance of the community to partner with the City
on the CDBG programs.
8.2 Staff recommendation on ranking of RFPs received for CRA Plan and motion
directing staff on how to proceed with negotiations.
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CITY OF DANIA BEACH
City Manager Pato advised that four firms made presentations at the workshop meeting
• held on April 16 and that staff is recommending the following ranking:
1. The Iler Group.
2. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
3. Keith and Schars, PA/Civic Design Associates
4. Michele Millgren & Associates, Inc.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to
accept staff's recommendation on the ranking of the firms and direct the City Manager to
proceed with negotiations with Firm #1 with the understanding that the fees involved be
brought back to the City Commission for approval, and should this be rejected the City
Manager would be directed to move onto the next ranked firm and so on. 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. PUBLIC HEARINGS AND SITE PLANS:
9.1 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING
ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-
STREET PARKING" AND SECTION 6.22 "OFF-STREET LOADING" TO
• REVISE THE PARKING AND LOADING STANDARDS APPLICABLE TO USES
WITHIN THE CITY OF DANIA BEACH; AMENDING CHAPTER 26
"VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-43 "EXISTING
NONCONFORMING VEHICULAR USE AREAS" TO AMEND THE CRITERIA
FOR TRIGGERING CONFORMANCE WITH CURRENT CODE; AMENDING
CHAPTER 26 "VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-50
"LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS,
COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL
PROPERTY" TO REVISE THE STANDARDS FOR WALLS OR FENCES AND
FOR TREE PLANTING IN BUFFERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
Laurence Leeds, Growth Management Director, advised that the Ordinance is the first
comprehensive review of the City's parking regulations since 1976. The Ordinance was
revised to include new parking requirements for rental car facilities, vehicle stacking
requirements for self-service and automated car washes, and increased parking
requirements for day car care centers (one parking space for each 150 square feet of
gross floor area). The Building Code requires currently that 4% of off-street parking and
0.75% of metered on-street parking be handicap accessible.
Mayor Chunn opened the public hearing. Hearing no comments, Mayor Chunn closed
the public hearing.
A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, to adopt
• the Ordinance on second reading. The motion passed on the following 5/0 roll call vote:
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CITY OF DANIA BEACH
. Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING
TO CHAPTER 4 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS
ENTITLED "ALCOHOLIC BEVERAGES"; AMENDING THE CODE OF
ORDINANCES, BY AMENDING SECTION 4-18.1, ENTITLED "EXTENDED
HOURS LICENSE", TO PROVIDE THAT A LICENSEE SHALL CLOSE ITS
PLACE OF BUSINESS AT 4:00 A.M. ON ANY DAY, 5:00 A.M. ON NEW YEARS
DAY, AND REOPEN NO EARLIER THAN 7:00 A.M.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (SECOND READING)
Mayor Chunn opened the public hearing.
Charlene Scalese opposed bars being open until 5:00 a.m. and mentioned that lounges
can obtain an extended license as long as they service food.
Hearing no further comments, Mayor Chunn closed the public hearing.
Commissioner Bertino clarified that the 5:00 a.m. closing in the Ordinance only relates to
New years Day and that bars with Extended Hours Licenses closing at 3:00 a.m. would
have to come in for another license to close at 4:00 a.m. Commissioner Bertino stated
that patrons must leave the bars no later than 4:00 a.m. and not be allowed to stay until
7:00 a.m. when the bar opens again.
Commissioner Mikes suggested replacing "any" with "each" in the title and it was
decided that an amendment was not necessary as it was a scriveners error.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting
the Ordinance on second reading and directing staff to send a copy of this Ordinance to
every bar in the City. 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 REVISE THE "SCHEDULE OF USE REGULATIONS" FOR
THE C-2, C-3 AND C-4 DISTRICTS AND PROVIDE FOR SPECIFIED
DISTANCE REQUIREMENTS BETWEEN CERTAIN USES IN THOSE
DISTRICTS; BY AMENDING ARTICLE IV, "DISTRICT REGULATIONS,"
SECTION 4.202 "MECHANICAL AMUSEMENT DEVICES," "SCHEDULE OF
LOT, YARD AND BULK REGULATIONS" TO DELETE THE DENSITY
RESTRICTION FOR HOTELS IN THE C-2 DISTRICT; BY AMENDING
ARTICLE VI, "SUPPLEMENTARY USE REGULATIONS," SECTION 6.63
"GASOLINE SERVICE STATIONS," TO REVISE THE SPACING
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CITY OF DANIA BEACH
REQUIREMENTS FOR THIS USE; BY AMENDING ARTICLE XXVII,
"INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION
27.40 "SPECIAL EXCEPTION USES," TO REVISE THE LIST OF SPECIAL
EXCEPTION USES AND PROVIDE FOR SPECIFIED DISTANCE
REQUIREMENTS BETWEEN CERTAIN SUCH USES; AND AMENDING
ARTICLE XXVI, "RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING
REGULATION," SECTION 26.10 "REGULATIONS ADOPTED" TO REVISE THE
LIST OF SPECIAL EXCEPTION USES AND PROHIBITED USES IN THE B-2,
B-213, AND B-3 DISTRICTS AND PROVIDE FOR SPECIFIED DISTANCE
REQUIREMENTS BETWEEN CERTAIN SPECIAL EXCEPTION USES IN
THESE DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
Laurence Leeds, Growth Management Director, advised that the Ordinance deals with
Dania Beach "Commercial Districts", IROM Districts, and Broward County "B" Districts
located along portions of Griffin Road and State Road 84 annexed into the City in 1990.
Commissioner Bertino questioned whether additional language is needed stating that all
activities not specified shall be prohibited. Mr. Leeds agreed that language could be
included by the second reading.
Mayor Chunn opened the public hearing. Hearing no comments, Mayor Chunn closed
the public hearing.
A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, to
adopt the Ordinance on first reading with language being added by the second reading
relating to activities not specified shall be prohibited. 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 OF THE CITY OF DANIA BEACH, FLORIDA, TRANSMITTING
AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE CITY OF
DANIA BEACH COMPREHENSIVE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS, PURSUANT TO THE PROVISIONS OF CHAPTER
163, PART II, FLORIDA STATUTES, TO INCLUDE ON THE FUTURE LAND
USE MAP SERIES PORTIONS OF UNINCORPORATED BROWARD COUNTY
LANDS ANNEXED INTO THE CITY IN ACCORDANCE WITH SECTIONS 1, 3,
AND 4 OF CHAPTER 2000-474, LAWS OF FLORIDA (2000), GENERALLY
LOCATED NORTH OF STIRLING ROAD, WEST OF RAVENSWOOD ROAD,
SOUTH OF STATE ROAD 84, AND EAST OF STATE ROAD 441; CHANGING
THE FUTURE LAND USE PLAN DESIGNATIONS ON SAID ANNEXED LANDS
FROM THE COUNTY DESIGNATIONS TO THE MOST SIMILAR CITY
DESIGNATIONS; PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Laurence Leeds, Growth Management Director, advised that the Comprehensive Plan
has to be amended to include the annexed area brought into the City September 2001
and that the City's map has to be updated. He clarified that no zoning and land use
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CITY OF DANIA BEACH
designations are being changed and that the Ordinance has to be transmitted to the
Department of Community Affairs.
Mayor Chunn opened the public hearing.
Pat Tyra, 2912 SW 54 Street, Estates of Fort Lauderdale, mentioned that she is from the
newly annexed area and wanted to know how she could obtain agendas and minutes of
the City's meetings to stay informed. City Manager Pato advised that the agendas and
minutes are available on the City's website. Chantal Gagnon, Dania Beach
Neighborhoods United, agreed to assist with communicating this type of information to
the associations and provide a link from her website dbnu.net.
Vice-Mayor Flury suggested that the Estates of Fort Lauderdale Newsletter include 4-5
frequently asked questions that the City Manager could respond to on a regular basis
and then the answers could be published.
Hearing no further comments, Mayor Chunn closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to adopt
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
(Continued from April 9, 2002)
9.5 VA-04-02 — Request by Peter Crescitelli for Variance approval from Chapter 16,
Mobile Living Units, Sec. 16.2 "Conditions for parking at residence" to allow a
recreational vehicle trailer (up to 30 feet in length) adjacent to the west lot line
behind the leading edge of the home facing SW 6th Street. Property located at
510 SW 2nd Avenue.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY PETER CRESCITELLI, FROM
CHAPTER 16, MOBILE LIVING UNITS, SEC. 16-2. CONDITIONS FOR
PARKING AT A RESIDENCE, PROPERTY LOCATED AT 510 SW 2ND AVE.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the Variance request was
continued from the previous meeting in order for the applicant to see what could be done
to mitigate the impact of the existing recreational vehicle mobile home. He mentioned
that all other requests of this type would have to come before the City Commission for a
variance request.
Mrs. Crescitelli mentioned that since the last meeting the cover has been removed from
the mobile home and after checking with her neighbors no objections were received
against the mobile home. She presented two letters from neighbors for the record. In
addition, Mrs. Crescitelli agreed to install a fence with a gate on the southwest 6th
Avenue side.
MINUTES 12 APRIL 23, 2002
CITY OF DANIA BEACH
Mayor Chunn opened the public hearing.
Beulah Lair was assured no one is going to live in the trailer and that it is the same trailer
as before.
Hearing no further comments, Mayor Chunn closed the public hearing.
Vice-Mayor Flury clarified that the issue is whether the City will permit trailers to be
stored in yards and she was concerned with the precedent that may be set for other
trailer requests should this variance be approved. Vice-Mayor Flury mentioned that the
City has tried to improve the appearance of the City and that she would have to vote
against the request.
Commissioner Mikes mentioned that the Code allows unoccupied motor homes
(recreational vehicles) to be parked alongside residences provided the length of the
home does not exceed 24 feet and that the applicants could purchase a shorter trailer to
comply with Code, which would not make the appearance of the site any better. He
suggested allowing the applicants to leave the existing trailer parked in the yard for a
certain length of time with the condition that a fence and landscaping would be added to
improve the site and a guarantee that no one would be living in the unit.
Mayor Chunn agreed with trying to find a way for the applicants to resolve the problem.
Commissioner Bertino mentioned that residents complain about the appearance of the
City with parked boats and vehicles in yards and that the City has worked very hard to
upgrade the City's appearance. He recommended allowing the vehicle for a certain
period of time so that the applicants could find another storage location and the vehicle
would eventually be removed and the City could continue with efforts to improve
appearances.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt
the Resolution (VA-04-02) approving the Variance for one year only. The motion failed
on the following 2/3 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-no Mayor Chunn-no
Commissioner Mikes-no
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to
adopt the Resolution (VA-04-02) approving the Variance for two years subject to the
applicant connecting a 6 foot fence with the existing fence and providing a shadowbox
gate to the alley and along SW 2nd Avenue to shade the shed and recreational vehicle
located on the site. The motion passed on the following 3/2 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-no
Commissioner McElyea-no Mayor Chunn-yes
Commissioner Mikes-yes
Mr. Crescitelli agreed to the conditions added to the Variance approval.
•
MINUTES 13 APRIL 23, 2002
CITY OF DANIA BEACH
10. COMMISSION COMMENTS:
• 10.1 Commissioner Bertino congratulated the Chamber of Commerce and Main Street
on the success of the Business Expo.
Commissioner Bertino inquired as to whether a degree of pollution could be added to
industrial zoning regulations. Mr. Leeds advised that Performance Standard Zoning
establishes a certain amount of particulate parts per million in the air or possibly ground
water. The problem is that the amount of particulate that is omitted can vary from day to
day and the City would have to hire a certified consultant to monitor air quality on an on-
going basis. City Attorney Ansbro explained that the Broward County Charter is eminent
when it comes to environmental issues so the Department of Environmental Protection
control the standards imposed on cities. Mr. Leeds agreed to look into the
environmental regulations with Broward County.
10.2 Commissioner McElyea commented on the need to clean up the trash and install
sidewalks near City Hall and mentioned that the front entrance to City Hall needs to be
cleaned up.
10.3 Commissioner Mikes mentioned that the City would not want to get involved with
imposing environmental regulations as Broward County agencies have very stringent
regulations that they impose on companies dealing with toxic chemicals, which also
requires specialized training of employees.
Commissioner Mikes mentioned that the survey on the Dania Cut-Off Canal shows
. silting where the C-10 comes out piling up into the Finger Canal and silting where the
airport drains storm water. He mentioned that the City needs to contact other agencies
on sharing the cost of the dredging of the Cl- Canal.
City Manager Pato mentioned that a meeting is scheduled with the South Florida Water
Management District next week to discuss the dredging and canal issues and airport
matters. He advised that the response from SFWMD was positive as this was the first
time they have admitted to ownership of parts of the Dania Cut Off canal.
Commissioner Mikes mentioned that the SDEIS response is due April 29th and he
thanked everyone who was so supportive at the public hearing on the airport expansion
on April 15th held at the Broward County Convention Center.
10.4 Vice-Mayor Flury —no comments
10.5 Mayor Chunn advised that over 1,000 pounds of fish have been donated to the
City to be used for a fundraiser through the Dania Lions Club and Rotary Club. He
mentioned that the funds received would be used to help with activities for children such
as trips to Disney World.
Mayor Chunn thanked City Manager Pato and staff for their professional assistance.
11. DISCUSSION AND POSSIBLE ACTION:
• MINUTES 14 APRIL 23, 2002
CITY OF DANIA BEACH
11.1 Request by Broward County Medical Examiners Office for permit approval to
• install temporary office trailer for a period of six months during remodeling of the
complex. (Staff)
Laurence Leeds, Growth Management Director, advised that the Medical Examiners
Office has currently an office trailer in the front of the building and they are now asking
for a second double-wide trailer to be located at the rear of the facility. Mr. Leeds
advised that the applicant is now asking for the trailers to be allowed for two years
instead of six months.
George Danz, Broward County Medical Examiners, mentioned remodeling plans for the
facility and that the new trailer would be located at the rear of the existing building, which
currently houses the toxicology laboratory and investigators.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea,
approving the two (2) office trailers on the site for a one-year period. 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
12. APPOINTMENTS: (SEE ITEMS 12.1 AND 12.8)
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."
Commissioner McElyea appointed Brad Fatout, 3196 SW 50 Street, Dania Beach.
12.2 Appointment of one (1) member to the Budget Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING
AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET
ADVISORY BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A
TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.3 Appointment by Commission of one (1) Alternate citizen member on the Civil
Service Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING
AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE 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."
MINUTES 15 APRIL 23, 2002
CITY OF DANIA BEACH
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 two (2) members to I.T. Parker Community Center Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING
AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER
COMMUNITY CENTER ADVISORY BOARD;" PROVIDING THAT SAID
MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE."
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."
Commissioner McElyea appointed Carol Stockrocki.
12.9 Appointment of two (2) members to Parks, Recreation and Community Affairs
Advisory Board.
MINUTES 16 APRIL 23, 2002
CITY OF DANIA BEACH
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING
AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARKS,
RECREATION AND COMMUNITY AFFAIRS ADVISORY 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."
12.10 Appointment of two (2) members to the Unsafe Structures Board in the positions
of Architect and Person Experienced in Social Problems.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING
AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE
UNSAFE STRUCTURES BOARD; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
adopting the resolutions approving all appointments as submitted by Commissioner
McElyea. 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
13. ADMINISTRATIVE REPORTS:
. 13.1 City Manager— Fleet Week Notice to Boaters
City Manager Pato advised the public that recreational boaters are being notified to
expect lengthy delays because the Intercoastal Waterways will be closed 17th Street to
Dania Cut Off Canal as follows:
* Monday, April 29 from 8:30 a.m. and 12:30 p.m.
*Thursday, May 2 from 5:00 p.m. to 11:00 p.m.
*Friday, May 3, 12:30 p.m. to 5:30 p.m.
May 14th City Commission Meeting will include a presentation by Miriam Oliphant,
Supervisor of Elections, on the new touch screen voting equipment.
City Manager Pato advised that the improvements at City Hall with the relocation of
office staff is almost complete and that the renovations have been done mostly by in-
house staff to save on costs.
13.2 City Attorney-no comments
• MINUTES 17 APRIL 23, 2002
CITY OF DANIA BEACH
14. ADJOURNMENT
This meeting was adjourned at 11:00 p.
Robert . Chunn, Jr.
Mayor- ommissioner
Charlene Johns n
City Clerk
Approved on: May 14, 2002
•
MINUTES 18 APRIL 23, 2002
CITY OF DANIA BEACH