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HomeMy WebLinkAbout1339 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MAY 14, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:08 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Rev. Carl Branker, True Bread Worship Center 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: Addressing the Commission:Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may be made during each Commission meeting during the period set aside for "citizen comments." A thirty (30) minute "citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments period shall begin promptly at 7:00 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a)extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 4.1 Pat A. Tyra, Estates of Fort Lauderdale, presented a letter dated November 1, 2000 from previous assistant city manager, Jason Nunemaker, confirming that the City agreed to maintain the lakes and canals located within the community where the public streets drain and to restock the lake with fish for weed control. In turn, the association agreed to allow the City use of the lakes to address drainage issues as a concession for the City paying the lake and canal maintenance costs. In September 2001, Allstate Resource Management advised that the lakes were in super condition and on October 30, 2001, a report from the association advised that Dania Beach had been very responsive to the lake maintenance as promised. Then in March 2002, a letter was received from Bud Palm, Utilities/Public Works Director, stating that Dania Beach would only maintain the lakes as long as the association agreed to no fishing, no swimming, and no gas or diesel engines on boats in the lakes. Ms. Tyra advised that the association could not agree to the conditions under the association's covenants and a letter was sent to Mr. Palm. MINUTES 1 MAY 14, 2002 CITY OF DANIA BEACH Commissioner Bertino agreed that the City promised to maintain the lakes without the conditions mentioned in the letter from Mr. Palm as part of the annexation campaign for the newly annexed area brought into the City in September 2001. Commissioner McElyea agreed that the City promised, however, he suggested that City Attorney Ansbro provide legal direction on why the City should not move forward with the lake maintenance as promised. City Manager Pato advised that Mr. Palm was concerned with environmental concerns with the gas or diesel engines and liability issues with the swimming should someone drown or get hurt. City Attorney Ansbro advised that the Broward League of Cities is the insurer and that he would have to contact them regarding the matter. In addition, environmental concerns are a reality and he would have to determine if an agreement could be prepared to reduce liability and resolve the maintenance issue. Discussion followed on the criteria established during the development of Meadowbrook Lakes when the City agreed to maintain those lakes, which do not include swimming and boating. The City Commission generally agreed to refer the request to the City Manager and City Attorney to research and report back at the May 28th meeting. . ITEM 5.2 WAS HEARD AFTER ITEM 4.1. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: ITEM 5.1 WAS HEARD PRIOR TO THE CONSENT AGENDA SECTION. 5.1 Presentation by Miriam Oliphant, Broward County Supervisor of Elections, of new touch screen voting equipment. Miriam Oliphant, Broward County Supervisor of Elections, stressed the importance of the SOE to train voters better with the use of the new touch screen voting equipment for the upcoming September 10, Special, and November 5, 2002, General Elections. Ms. Oliphant presented a brief demonstration of the equipment and advised the public that the voting equipment would be left at City Hall for short demonstrations. In addition, it was mentioned that the voting equipment would be programmed with English, Spanish and French Creole and would accommodate special needs persons. All voting precincts are being brought up to ADA compliance and all poll workers will now required to work more hours to obtain the specialized training before working at the precincts. ITEM 5.2 WAS HEARD AFTER ITEM 4.1. 5.2 BSO District 2 "Deputies of the Month" for April 2002 —Deputy Christopher Geary and Deputy Daniel Delgado. Chief Cowart, Chief BSO District II, presented a brief explanation of the two burglary arrests that occurred during April due to the professional performance of Deputy Geary and Deputy Delgado. Chief Cowart was pleased to present the "Deputy of Month" awards to both deputies. MINUTES 2 MAY 14, 2002 CITY OF DANIA BEACH • 5.3 Dania Beach Employee Recognition Program — Ken Koch. Laurence Leeds, Growth Management Director, commended Ken Koch for his unique problem solving skills utilized in the performance of his duties as Building Official. In addition, Mr. Koch was recognized for his special attention to enforcing code compliance on buildings and for protecting the health, safety and welfare of citizens of Dania Beach. 6. PROCLAMATIONS: 6.1 A proclamation declaring May 22, 2002, as "Maritime Day" in the City of Dania Beach. 6.2 A proclamation declaring May 19, 2002, as "Chester A. Byrd Day" in the City of Dania Beach. City Manager Pato read the proclamation in its entirety. Mayor Chunn presented Bobbie Grace, previous Mayor and Commissioner, with the proclamation. Mrs. Grace commented on the Chester A. Byrd scholarship fund and Mr. Byrd's efforts to create the Dania Economic and Development Corporation. ITEMS PULLED FROM THE CONSENT AGENDA: Vice Mayor Flury and Commissioner McElyea pulled Item 7.14 Commissioner Mikes pulled Item 7.12 Mikes, Commissioner Bertino pulled Item 7.15. • 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: None Minutes — 7.1 Approval of minutes for Joint Meeting between the City of Hollywood and the City of Dania Beach March 19, 2002. 7.2 Approval of minutes for Workshop Meeting April 16, 2002. 7.3 Approval of minutes for Regular meeting April 23, 2002. Travel Expenditures: 7.4 June 2-7, 2002 — Carol Craig, Accounting Manager, and Lou Ann Cunningham, Planning Technician, attendance at the 14th Annual HTE Education Conference in Orlando. 7.5 June 20-22, 2002 — Will Dubisky, Code Inspector, attendance at Florida Association of Code Enforcement Conference in Jacksonville for recertification purposes. 7.6 July 16-20, 2002 — Commissioner Bertino and Commissioner Mikes attendance at National Noise Conference in Providence, Rhode Island. Resolutions — • MINUTES 3 MAY 14, 2002 CITY OF DANIA BEACH 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING BOARD MEMBERS ON THE CIVIL SERVICE BOARD AS A RESULT OF THE EMPLOYEE ELECTION HELD APRIL 23, 2002; PROVIDING THAT SAID MEMBERS SHALL COMPLETE AND SERVE FOUR-YEAR TERMS IN THEIR RESPECTIVE POSITIONS AS INDICATED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE YEAR 2002 TRANSPORTATION ENHANCEMENT PROGRAM GRANT FOR STREETSCAPE IMPROVEMENTS TO STIRLING ROAD FROM FEDERAL HIGHWAY TO SOUTH WEST 18 AVENUE IN AN AMOUNT NOT TO EXCEED $500,000; WITH NO MATCH; FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AN ADDENDUM TO THE AGREEMENT EXECUTED NOVEMBER 26, 2001, WITH SANDS RIVER WIRELESS, LLC., FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT NOT TO EXCEED $12,350.00 WITH THE SOLE PROVIDER, SANDS RIVER WIRELESS LLC; AUTHORIZING THE RENEWAL AND EXTENSION OF THE WIRELESS NETWORK SERVICES CONTRACT TO PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER SYSTEMS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SUMMER FOOD SERVICE AT FROST PARK, C.W. THOMAS PARK AND P.J. MELI PARK FROM JUNE 17 THROUGH AUGUST 9, 2002, FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED NINETEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY REGARDING THE LOCAL OPTION GAS TAX, THE ATTACHED 2002 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY REGARDING ADDITIONAL TAX ON MOTOR FUEL, AND THE ATTACHED 2002 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY REGARDING ADDITIONAL TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES -TITLE TO BE READ BY CITY ATTORNEY- • 7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 8 OF ARTICLE 1, PART I OF THE CITY CHARTER TO PROVIDE MINUTES 4 MAY 14, 2002 CITY OF DANIA BEACH THAT THE SEAL OF THE CITY OF DANIA BEACH, FLORIDA SHALL BEAR • THE LEGEND "CITY OF DANIA BEACH, FLORIDA, BROWARD'S FIRST CITY, INCORPORATED 1904"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of Items 7.12, 7.14 and 7.15. 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 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE INSTITUTION OF ARBITRATION PROCEEDINGS BY DANIA BEACH, PEMBROKE PINES, POMPANO BEACH AND HALLANDALE BEACH, REGARDING THE MUNICIPALITIES' DISPUTE WITH WASTE MANAGEMENT, INC. (AS SUCCESSOR TO THE OWNERSHIP AND OPERATION OF THE REUTERS RECYCLING FACILITY), PERTAINING TO WASTE DISPOSAL FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro reported that the most important part was to get all of the cities to join together to understand the legal issues relating to the inequity of the waste disposal . fees that were being charged by Waste Management without the cities receiving the composting technology promised in the agreement. He advised that GSG (Government Services Group) conducted a study on the fees, which will provide a significant financial proportion to the City of Dania Beach. City Attorney Ansbro anticipated to commence arbitration proceedings the 1st week in June. The other cities were expected to execute the same resolution over the next few days or week. A motion was made by Commissioner Mikes, 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 ITEM 7.14 WAS HEARD AFTER ITEM 9.4. 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING PART XII, ARTICLE 3 OF THE CHARTER OF DANIA BEACH, FLORIDA, FOR THE SALE OF SURPLUS REAL PROPERTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (FIRST READING) Representative Tim Ryan, City's Special Counsel, was present to explain that his office prepared the Ordinance to provide an alternative method for the City to deal with surplus real property through a direct listing with a broker instead of using the current bidding process provided in the Charter. The property located on South Dixie Highway, aka/Nassau Big Daddy property, was unable to be sold under the bidding process MINUTES 5 MAY 14, 2002 CITY OF DANIA BEACH because the bids that were received were so low that they could not even be considered when compared with the appraised value of the land. Attorney Ryan advised that properties acquired through enforcement or foreclosure of liens or property transferred from Broward County for non-payment of ad valorem taxes would benefit by the amendment. Attorney Ryan advised that the Ordinance requires a super majority vote of the City Commission to determine property to be surplus and no longer serving any purpose to the City. The property would be listed with a registered real estate broker for up to six months and it would not be listed until an appraisal by a registered real estate appraiser was obtained. Flexibility is provided to the City Manager to enter into a contract to sell the property as long as the contract provides for a price of at least 90% of the fair market value as determined by the appraisal. Vice-Mayor Flury recommended that the procedure on how the broker would be selected should be clearly defined so as not to create a hardship on the city manager. Attorney Ryan stated that the Ordinance provides the City Commission the flexibility to authorize the City Manager to hire the real estate broker or empower the City Commission to select the real estate broker. Commissioner Bertino mentioned that there are so many real estate brokers in Dania Beach and recommended requiring: (1) real estate brokers with occupational licenses in Dania Beach; (2) all brokers desirous would submit their names to the City; (3) a lottery process would be used to select the broker. Attorney Ryan advised that since the City might be dealing with properties ranging in price from $5,000 to $100,000 the compensation percentage should be flexible instead of stating an exact amount and that the City Commission might want to provide flexibility for the City Manager to sell small parcels ranging $5,000 and lower. Commissioner Mikes agreed that the process for selling the properties should be quicker; however, he was concerned that no public hearings were provided in the process. City Attorney Ansbro advised that provisions could be included to require a 10-day notice of public hearing for the resolution. He clarified that he has worked with Attorney Ryan for a number of years trying to deal with vacant lots that could be redeveloped with Habitat for Humanity and bring them back on the tax rolls as a single family home. Attorney Ansbro advised that tax payer properties would not be given away as the sale of any property would be based on the appraised value. He suggested the inclusion of a limited amount to exclude properties exceeding $25,000 and a requirement that properties over $25,000 go back to the bidding process. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the Ordinance on first reading with the understanding that Attorney Ryan would incorporate language in the Ordinance covering the concerns presented by the City Commission by the second reading on May 28th. 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 MINUTES 6 MAY 14, 2002 CITY OF DANIA BEACH ITEM 9.5 WAS HEARD AFTER ITEM 7.14. • 7.15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SECOND 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 SECOND AMENDMENT TO THE AGREEMENT BY THE APPROPRIATE CITY OFFICIALS; AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF BCC TO OBTAIN SEWER SERVICE AND OTHER UNDERGROUND UTILITIES AS MAY BE NECESSARY TO SERVICE THE FACILITIES AUTHORIZED TO BE CONSTRUCTED BY BCC; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. He confirmed that BCC does not have exclusive use of the beach and lake at Tigertail Lake and that the general public would be allowed to use the beach and lake. 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 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Staff recommendation on awarding bid for floating docks at Whiskey Creek. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING THE BID FOR CONSTRUCTION OF FLOATING DOCKS AT WHISKEY CREEK TO DURABLE INSTALLATIONS, INC., IN THE AMOUNT OF FORTY NINE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS ($49,975.00) AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DURABLE INSTALLATIONS, INC. AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ken Koch, Building Official, mentioned that a committee reviewed all bids received for the project and that they recommend awarding the bid to the lowest bidder Durable Installations. Vice-Mayor Flury was pleased with staff's recommendation, however, she requested that • a standard bid sheet be provided when projects are presented to the Commission that would include the names of the committee members and reasons for award. MINUTES 7 MAY 14, 2002 CITY OF DANIA BEACH • 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 ADDENDUM 8.2 Staff recommendation on awarding contract for CRA Plan. (Staff) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CONSULTANT SERVICES FROM THE ILER PLANNING GROUP, INCORPORATED RELATING TO THE PREPARATION OF A "REDEVELOPMENT PLAN AND ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE CITY OF DANIA BEACH; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ILER PLANNING GROUP FOR PROFESSIONAL SERVICES NOT TO EXCEED ONE HUNDRED EIGHTY-TWO THOUSAND DOLLARS ($182,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury inquired as to the time frame involved with the project. City Manager Pato advised that staff is making all efforts to have the project presented to Broward County by September and obtaining a commitment from the county in December. City Manager Pato clarified that the entire funds would not be spent in the current fiscal year 01/02. 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 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 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 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 MINUTES 8 MAY 14, 2002 CITY OF DANIA BEACH 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. (SECOND READING) Laurence Leeds, Growth Management Director, commented on the zoning districts impacted by the Ordinance. He advised that the general statement requested by Commissioner Bertino at the last meeting "uses not specifically listed shall be deemed prohibited" was added to 1990 county annexation areas. The Planning & Zoning Board recommended approval. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner'Mikes mentioned the need to control automobile rental facilities due to the close proximity of the airport. He recommended deleting the reference to 15 vehicles and replacing it with 10 vehicles on Page 4 of the Ordinance. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, • amending the Ordinance as presented. 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 McElyea, 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 9.2 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. (SECOND READING) Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, • Mayor Chunn closed the public hearing. MINUTES 9 MAY 14, 2002 CITY.OF DANIA BEACH • A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, 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 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY OF DANIA ORDINANCE NO. 47-91, CITY OF DANIA ORDINANCE NO. 04-96, CITY OF DANIA BEACH ORDINANCE NO. 2000-017 AND CITY OF DANIA BEACH ORDINANCE 2000- 051, TO MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ® ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING) Laurence Leeds, Growth Management Director, advised that state law requires City Commission approval on extensions granted for Development of Regional Impacts when the development has passed certain time frames. Staff recommended approval. Mayor Chunn opened the public hearing. Attorney Gerald Knight, Holland & Knight, P.A., was available for questions regarding the extensions as provided in the backup materials. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, 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 • MINUTES 10 MAY 14, 2002 CITY OF DANIA BEACH 9.4 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING CHARLES D. ROBBINS, MANAGER OF MKN INVESTORS, LLC AND THE HALLIDAY FAMILY'S GRIFFIN LAKE MOBILE HOME PARK FOR PROPERTY LOCATED AT 2300 GRIFFIN RD., 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 T-1 (TRAILER PARK) AND T-1A (MOBILE HOME PARK) TO RM (MULTIFAMILY RESIDENTIAL) AND ASSIGNING A COMBINATION OF 72 RESERVE AND/OR FLEX UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING) City Attorney Ansbro read the titles of all items under 9.4 a, b,c and d. Laurence Leeds, Growth Management Director, explained that two advertised and noticed public hearings were being conducted on the Griffin Lakes rezoning and plat approval. In addition, the Site Plan was presented for informational purposes only and the Community Development District was being addressed in Item 9.4.d. Attorney Bonnie L. Miskel, representing the developer, James Carr, explained that the property includes 35 acres located generally at the Southwest corner of Griffin and Ravenswood Road. Attorney Miskel explained that State Law provides some specified protections for the current use of the property as a mobile home park. Because the City's Comprehensive Plan allows 355 to 356 units and the project includes the development of 427 Townhouse units, the rezoning from T-1 (Trailer Park) and T-1A (Mobile Homes Park) to RM (Multi-Family Residential) and the assignment and combination of 72 Reserve and Flex Units (36 Affordable Housing Units and 36 Reserve Units) is being presented. A Plat approval and designation of a Community Development District (CDD) are also included. The Site Plan was provided for informational purposes for the City Commission tonight, however, a formal presentation would be presented at the second reading of the three Ordinances May 28tn Attorney Miskel advised that Chapter 723 deals with the change from a mobile home park to a residential development. She submitted a listing of the resident owners and tenants from the Highland Park and Griffin Lakes Development that were obtained from the Department of Motor Vehicle records. Attorney Miskel advised that Chapter 723 requires a governmental agency to make a determination that adequate mobile home park sites are available before taking any action to convert the mobile home park to residential use. Attorney Miskel stated that preliminary research identified over 1,000 sites as being available in Broward County and a list of those parks was presented for the record. Attorney Miskel also reported that a Settlement Agreement providing compensation in excess of State Statute requirements for relocating the tenants had been reached between the Griffin Lakes Association, the owner of the park, and the developer. Attorney Louis S. St. Laurent, representing Griffin Lakes and Highland Park Homeowners Association, explained that James Carr, Developer, had been more than fair in providing up to $5,000 for single homes and $10,000 for double-wide homes for relocation costs. He explained that the Settlement Agreement was approved by the MINUTES 11 MAY 14, 2002 CITY OF DANIA BEACH Association Board of Directors subject to ratification by 75% of the homeowners prior to May 28th. Attorney St. Laurent advised that the park manager will be responsible to assist the tenants in their relocation needs and that a fund would be established to provide certain payments for special needs individuals. Copies of the Settlement Agreement would be provided to all of the tenants as well as being translated into three languages. He explained that rental tenants would receive $500 for relocation and that the developer was very generous on the time frame for moving and money allotted for relocation compared to State Statute requirements. Attorney Miskel mentioned other benefits that would be derived from the rezoning to a town home development such as the installation of sewers, drainage, roads, parks, and open space for recreational facilities. The project is expected to generate over $1.4 Million in taxes to the City and the amount of calls for fire and EMS services would be reduced with a town home development. Attorney Miskel agreed to all of the conditions recommended by staff. Mayor Chunn opened the public hearing on Items 9.4 a, b, c, and d. Robert Gabiello, Griffin Lakes Mobile Park, opposed the development. Beulah Lair expressed concern for the residents being disrupted from their homes. Allan Sachik, Griffin Lakes Mobile Park, opposed the development. Lisa Johnson, Griffin Lakes Mobile Park, opposed the development. Robert Pullen, Griffin Mobile Homeowners Association, Inc. stated that laws are changing for mobile home parks and that Mr. Carr was generous to the tenants on the relocation provisions. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. Laurence Leeds, Growth Management Director, commented on the compatibility of the proposed project with the Zoning Code and Comprehensive Plan. As part of the plat approval, the applicant is required to dedicate a local park impact fee that can be used to improve park facilities anywhere in the City. The Site Plan is going to be revised to address some of the City's concerns and there is no objection to the CDD that will be a special taxing district to fund the construction of infrastructure inside the community (roads, water, and sewer). The CDD has no fiscal impact on the City. The project is proposed for a gated private community with private streets and sidewalks and privately maintained open space. Attorney Miskel clarified that the Ordinance for the CDD is being heard on first reading tonight and that an advertised public hearing for second reading of the Ordinance would be heard on May 28th Commissioner Bertino stated, on behalf of the City Commission, that no one person is better than anyone else and that compassion is extended to the people who are being • asked to relocate to new homes. MINUTES 12 MAY 14, 2002 CITY OF DANIA BEACH Vice-Mayor Flury agreed that the City Commission has a difficult decision when asking people to be removed from their homes. Commissioner Mikes advised that the legislature sets the laws on the compensation provided for relocation on mobile home developments and it was his opinion that mobile home associations have to negotiate long-term leases in order to encourage owners to maintain and improve mobile home parks. Commissioner McElyea advised that the park was built in 1954 and that there are changes ongoing in the laws and that some new locations will be better for the tenants. Attorney Miskel explained the land use breakdown and clarified that the units will be deed restricted in order to meet the Broward County rules on an affordable unit. At this time, the units are moderately priced. Attorney Miskel stated that property owners to the west will not have to be concerned with easements across the property because a stub- out will be available for sewer connections. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Ordinance on first reading for Item 9.4a. 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 b) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GRIFFIN LAKES" PLAT, SUCH PROPERTY BEING LOCATED WEST OF RAVENSWOOD ROAD, SOUTH OF GRIFFIN ROAD, NORTH OF SW 51 COURT, AND EAST OF SW 24T" AVENUE, IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "GRIFFIN LAKES" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Ordinance on first reading for Item 9.4b. 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 c) SP-11-02 — Site Plan Request to construct a 427 Unit Townhouse Development. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING CHARLES D. ROBBINS, MANAGER OF MKN ASSOCIATES AND THE HALLIDAY FAMILY'S GRIFFIN LAKE MOBILE HOME PARK, FOR PROPERTY LOCATED AT 2300 GRIFFIN MINUTES 13 MAY 14, 2002 CITY OF DANIA BEACH RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. NO ACTION WAS NECESSARY ON THE SITE PLAN UNTIL THE MAY 28T" MEETING. Mr. Leeds advised that a full site plan presentation would be provided at the May 28tn meeting. City Attorney Miskel agreed to all .conditions and recommendations presented by Staff and the Planning & Zoning Board in reference to the Site Plan request and to deed restrict the property for two-story townhouse buy owner use. d) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) A motion was made by Vice-Mayor Flury, 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 Flury-yes • Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ITEM 7.14 WAS HEARD AFTER ITEM 9.4. ITEM 9.5 WAS HEARD AFTER ITEM 7.14. 9.5 SA-05-02- Request by Alex's Flamingo Groves to Retain and Modify and Existing Pole Sign. Property located at 236 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY ALEX MEDINA, ALEX'S FLAMINGO GROVES FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT REGULATIONS, FOR PROPERTY LOCATED AT 236 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the Sign Adjustment process does not require the applicant to prove a hardship. The Planning & Zoning Board recommended approval to consolidate the three signs at the shopping center with a planter base at the bottom of the pole signs and to require the pole signs to be painted. Mr. Leeds recommended requiring the applicant to enclose the pole signs to hide the steel girders and install a planter. • Mayor Chunn opened the public hearing. MINUTES 14 MAY 14, 2002 CITY OF DANIA BEACH Alex Medina, Alex's Flamingo Groves, explained that there are two steel girders holding up the sign and that he has an artist who is suggesting a scrap metal type sculpture that would look like coral reef going up the sign. He agreed to the planter at the base of the sign. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. City Manager Pato advised that he was not aware of the design just mentioned by Mr. Medina and reminded the City Commission that Federal Highway will be a focus in 2004 when the City celebrates its Centennial. In addition, the City will be receiving over $250,000 in landscaping improvements on Federal Highway from the Florida Department of Transportation. Commissioner Mikes asked Mr. Medina to color coordinate the sign with the paint on the buildings and recommended that two Foxtail Palm trees be planted in the linear green space along the sidewalk to improve appearance. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, deferring the Sign Adjustment (SA-05-02) until the applicant provides a proper drawing of the new sign. 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 9.6 VA-08-02- Request by Joseph C. Dorsey, Executive Vice- President of Community Bank of Broward for property located at 1991 Stirling Rd., Dania Beach, Florida for a sign variance from Chapter 28, Article 28, Section 28.110 (3) (a) & (b). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH C. DORSEY, EXECUTIVE VICE-PRESIDENT OF COMMUNITY BANK OF BROWARD, FROM CHAPTER 28 ZONING, ARTICLE 28 SIGNS, SECTION 28.110 (3)(A) & (B), FOR PROPERTY LOCATED AT 1991 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the difference between a Sign Variance and a Sign Adjustment is that a Sign Variance is exempt from the current Sign Amortization provisions. An Ordinance was adopted a few years ago requiring all pole signs and all over sized signs to be reduced in size to meet the current code requirements by December 2003. Mr. Leeds advised that staff recommended a 15 ft high 62 square foot in area sign that would be able to remain indefinitely. However, the Planning & Zoning Board recommended allowing the applicant a 22 foot high, 92 square foot of area sign subject to modifying the sign to comply with the sign code by December 2003 and placing "City of Dania Beach" on the sign. • Mayor Chunn opened the public hearing. MINUTES 15 MAY 14, 2002 CITY OF DANIA BEACH Joseph Dorsey, Executive Vice-President of Community Bank of Broward, advised that Community Bank is the only bank that is chartered in the City of Dania Beach with the State of Florida. Mr. Dorsey agreed to include "City of Dania Beach" on the base of the sign and to remove the larger sign by December 2003. Rose Lizana, 214 SE 2 Street, recommended approval of the larger sign based on safety concerns for traffic on Stirling Road. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting the Resolution (VA-08-02) to allow a 22 foot high monument sign, 92 square feet of area (including 12 square foot digital clock), and the "City of Dania Beach" being added on the sign. 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 9.7 VA-16-02-Variance request by Amarilla Cure for property located at 209 NW 14tn Ct., Dania Beach, Florida, to permit a single family home with the following variances: 1) 43 foot wide lot (minimum 50 feet required) 2) 3,655 square foot lot (6,000 square feet required) • 3) One parking space (two parking spaces required) 4) 45% lot building coverage (maximum 40% lot allowed) 5) 10 foot rear yard setback (15 feet required) A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, REPRESENTING HOME OWNER AMARILLA CURE FROM CHAPTER 28 ZONING, ARTICLE 26, SECTION 26.10, FOR PROPERTY LOCATED AT 209 NW 14T" CT., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that his staff report was based on a 2 bedroom, 2-bath family home and that the applicant is requesting a 3 bedroom, 2 bath family home. Mr. Leeds advised that the property is located in the Community Development area and that the driveway would not be long enough to accommodate two vehicles back to back. If the City Commission agrees to a 3 bedroom home, the driveway would have to be increased to 38 feet to accommodate two 19 ft vehicles. If a third car arrives on the property, the swale area would have to be used to park the car. Mr. Leeds recommended modifying the building plans to provide a 38 foot driveway and explained that 1200 square feet is not big enough for a three bedroom home, but would accommodate a two bedroom house. Mayor Chunn opened the public hearing. MINUTES 16 MAY 14, 2002 CITY OF DANIA BEACH Ruby Ellington, Broward County Community Development, advised that Mrs. Cure's home was demolished and that grant funds are available through the CDBG program to rebuild her home. Currently, Mrs. Cure is renting an apartment at $700 a month, which is beyond her means. Ms. Ellington explained that Mrs. Cure wanted to build a 3- bedroom home and she urged the City Commission to realize that Mrs. Cure would have no place to live if the home is not approved. Mr. Leeds advised that the building plan would have to be redesigned should a 15 foot rear yard setback is authorized. Carlos Suarez, Housing Inspector, CDD, mentioned that Broward County would like to build a 3-bedroom home. Amarilla Cure advised that three adults would be living in the home and that the home was 3-bedroom before it was demolished and that she is also a foster parent. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, adopting the Resolution (VA-16-02) to build a 2-bedroom 2-bath home with a 15' rear yard setback and a 38 foot long driveway. 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 9.8 SP-65-01- Site Plan Approval to Construct a New Self Service Gas Station/Convenience Food Store/Accessory Use Car Wash for property located at the NW corner of Stirling Road and SW 40th Avenue West of FPL Power Poles. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL ISSAC REPRESENTING STIRLING STATION, INC., FOR PROPERTY LOCATED AT (NW CORNER OF STIRLING ROAD AND SW 40TH AVENUE) 5813 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant is trying to build a small building on a very large site and that the landscape plan meets code compliance. The applicant obtained a Development .Order when the property was considered unincorporated Broward County; however, a building permit was never obtained for the site. Staff is recommending approval with two conditions. Mr. Leeds stated that the service station will not be a Race Trac station and that the applicant thought it might be an Exxon, Marathon, or Victory Gas Station. Attorney Howard Nelson, representing Stirling Station, Inc., advised that his clients filed a delegation request to reduce the development intensity down to a 14,000 square foot • site plan and to restrict development on parcel B, eastern half, in response to some neighbor and commission concerns when Broward County wanted to preserve the MINUTES 17 MAY 14, 2002 CITY OF DANIA BEACH northeast portion for park space. Building permit applications were in process with • Broward County, however, his client held off until after the annexation vote on whether the parcel was going to Hollywood or Dania Beach. The Site Plan has been reduced to 7,000 square feet, which was the auto service station, based on neighborhood and City concerns. In addition, the Site Plan was modified to be responsive to Broward County requests for tree movement and planting and wetland mitigation on-site as opposed to going to an off-site mitigation bank. Also, landscaping has been brought up to Dania Beach code requirements. Attorney Nelson presented an overview of the Site Plan. Mayor Chunn opened the public hearing. Charlene Scalese clarified the location and disagreed with a convenience store being in close proximity of Hollywood Hills High School where children can purchase cigarettes. Hearing no further comments, Mayor Chunn closed the public hearing. Mr. Leeds confirmed for Commissioner Bertino that the petitioners cannot build on the rest of parcel without having to come before the City Commission to modify the Site Plan. Mr. Leeds explained that there are two other convenience stores already in existence closer to Hollywood Hills High School than the proposed service station. Mr. Leeds indicated that self-service gas station and convenience store are permitted uses under the current B-2 zoning in place on the property. Commissioner Mikes asked whether tile trim could be added on the canopy. Mr. Nelson advised that there are a variety of alternatives to treat the canopy. However, based upon • the size and depth of the canopy, it would be cost prohibitive to tile the facing edge based on the concessions made to reduce the Site Plan and additional development costs that would be involved. Mr. Nelson advised that the type of gas is not selected until the development process and that the three being considered Marathon, Exxon, and Victory. Mr. Nelson advised that they will not consider Race Trac. Discussion followed on there being five pumps and 10 fueling points being provided to the service station. Mr. Nelson advised that they are aware of the City's Sign Code and that once the end user is selected they will have to adhere to the City's code. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, adopting the Resolution (SP-65-01) subject to the following: (1) Applicant shall work with Growth Management Director Leeds on the landscaping; (2) Caps shall be added to both ends of the canopy with the matching the design in the center; (3) FPL may not allow a wall below the power lines; (4) CPTED (Community Planning through Environmental Design) principles may dictate an alternative to a CBS screen wall. 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 ITEM 11.1 WAS HEARD AFTER ITEM 9.8. 10. COMMISSION COMMENTS: MINUTES 18 MAY 14, 2002 CITY OF DANIA BEACH 10.1 Commissioner Bertino requested that Mr. Leeds review the Sign Code to reduce the requests for variances for pole signs. 10.2 Commissioner McElyea commended the Public Works staff for installing speed bumps recently on SW 33rd Street. Discussion followed on the motorcycle gang on 43 Terrace that is creating disturbances in the community and the need for BSO to do more patrolling. Commissioner McElyea reported that numerous street lights are needed in the newly annexed area and City Manager Pato advised that a survey is being conducted. Commissioner Bertino mentioned that the Outlaw Motorcycle gang located on 43rd Terrace has constructed an 8 foot fence in the front of the house and has junked cars behind the wall. In addition, he did not believe that a fraternal organization could be located in a residential neighborhood or that over 1,000 people gathering at a single family residence is reasonable for health reasons. 10.3 Commissioner Mikes disagreed with altering the Sign Code as he thought the variance process provides the City an opportunity to increase landscaping on developments to improve the City. Commissioner Mikes mentioned that he attended the Airport Task Force Meeting today and he was pleased that the committee agreed to adopt a resolution urging the Broward County Commission to review alternatives for the south runway expansion at the airport. He mentioned that Hollywood and Davie were also very supportive. Attorney Brenda Chalifour advised that the vote was to redo the airport master plan and review all alternatives and County Commissioner Rodstrom expects to place the item on the May 28th County Commission Meeting. Commissioner Mikes advised that FAA announced today that there will be half the distance in separation distance for aircraft based on improvements in the current technology. He advised that he attended an emergency League of Cities Board Meeting regarding a ballot item being added on the fall elections creating a council that would set fire standards throughout Broward County. Commissioner Mikes was sorry that Dave Keller, Finance Director, was leaving. He asked City Manager Pato to provide more staffing history and background information and organizational charts at the beginning of the budget sessions. Commissioner Mikes asked the City Attorney to prepare an ordinance clarifying that policy matters be addressed by the City Commission. 10.4 Vice-Mayor Flury thanked Dave Keller, Finance Director, for his assistance working for the City this past year. • MINUTES 19 MAY 14, 2002 CITY OF DANIA BEACH Vice-Mayor Flury stressed the importance for bathrooms at the beach to be open from 5:00 p.m. to 7:00 p.m. and she thought that Randy Wilkinson, Parks & Recreation Director, was asked to take care of the issue. She was not pleased with the services that are being provided at the parks based on the budget allocations. City Manager Pato advised that the bathrooms are open after 5:00 p.m. and until 7:00 p.m. at the beach. Mr. Pato mentioned that park staffing is being reorganized and that there is a need to monitor bathrooms at the beach. Vice-Mayor Flury requested to address the issue at the next meeting if the bathrooms are not kept open. Commissioner McElyea mentioned that the "No back-in" signs are not erected at Whiskey Creek at the beach. City Manager Pato advised that parking meter revenues are down at the beach and staff is not sure why. 10.5 Mayor Chunn — No comments. ITEM 11.2 WAS HEARD AFTER ITEM 10.5. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by Publix Supermarkets to amend Code of Ordinances regarding the sale of alcoholic beverages prior to 1:00 p.m. on Sundays. (Staff) Tom Charles, Store Manager at Publix Supermarket located on Dania Beach Boulevard, mentioned that the store loses revenues when they are unable to sell alcoholic beverages on Sunday before 1:00 p.m. Mr. Charles advised that several patrons leave • an entire shopping cart of food when they cannot purchase alcoholic beverages in his store since they can purchase alcoholic beverages without any restrictions in Hollywood. Vice-Mayor Flury mentioned that people can go to Hollywood on the circle to purchase alcoholic beverages on Sunday and that she would be agreeable to amending the Code to 11:00 a.m. She mentioned that Pembroke Pines, Southwest Ranches and Hollywood have no restrictions. Commissioner McElyea clarified with City Attorney Ansbro that any amendment to the time would include all businesses selling alcoholic beverages in the City, not just Publix. He expressed his opposition to changing the time as he thought there was ample time for persons to obtain alcoholic beverages Monday through Saturday and pointed out the dangers to the public from drunk drivers. Commissioner Mikes agreed. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to direct City Attorney Ansbro to prepare an Ordinance amendment to sell alcoholic beverages from 12:00 noon on Sundays. 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 ITEM 10 WAS HEARD AFTER ITEM 11.1. ITEM 11.2 WAS HEARD AFTER ITEM 10.5. MINUTES 20 MAY 14, 2002 CITY OF DANIA BEACH 11.2 Request by the Dania Beach Housing Authority for the City Certification of the Dania Beach Authority's New 5 Year Public Housing Agency ("PHA") Plan. (Staff) Laurence Leeds, Growth Management Director, reported that he had received a letter from Rita Brown, Housing Authority Director, advising that the DBHA had passed Resolution No. 173 to transmit the five-year plan as amended and remove the request to expand the Section Voucher Program. Mr. Leeds advised that he would be certifying the five year plan. Commissioner Mikes was of the opinion that all Section 8 voucher requests had to come before the City Commission and that there may have been a change in the Federal Laws. Commissioner Mikes requested that an Ordinance be drafted requiring any requests relating to policy procedures for the DBHA and Dismas House be required to come before the City Commission. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, directing Mr. Leeds to certify the DBHA five-year plan in accordance with Resolution No. 173, withdrawing the current application to HUD for funding for 125 Fair Share Housing Choice Vouchers and retaining the number of Section 8 vouchers to 499. 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 11.3 Request by Robert I. MacLaren, II, Hilton Gardens Inn, for reactivation of Site Plan SP-17-00 (Resolution 2000-095 approved June 27, 2000) and extension of the effective date of Variance VA-23-00 (Resolution 2000-094 approved June 27, 2000) for property located at 80 Southwest 18th Avenue, Dania Beach. Possible adoption of the following resolution: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR SITE PLAN AND VARIANCE REACTIVATION FOR THE "HILTONS GARDEN INN", SUBMITTED BY ROBERT I. MACLAREN OF OSBORNE & OSBORNE, PA, REPRESENTING NICK ECONOMOS, OWNER, CO-ED-ECONOMOS PROPERTIES, INC. OWNER OF PROPERTY LOCATED NORTH OF STIRLING ROAD, ON THE EAST SIDE OF SW 18T" AVENUE AND SOUTH OF SW 1ST STREET (80 SW 18T" AVENUE), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mr. Leeds advised that a Site Plan and Variance were approved for a hotel project for Hilton Gardens Inn June 2000 and that Broward County did not approve the plat until February 2002. In addition, the applicant was not willing to sell the parcel to Broward County for the Preservation Bond Program as they desire to develop the property as a hotel. Staff has no objection to reactivate the Variance and Site Plan as the reactivation would save the land owner 90 to 120 days of going through the entire review process again. Mr. Leeds recommended that the Site Plan and Variance include the same conditions outlined in the Resolution No. 2000-095 and Resolution No. 2000-094 with two changes: (1) Reactivate the Site Plan for a period not to exceed six months; (2) Applicant contributes $45,000 to the City's Historic Preservation Fund. Mr. Leeds MINUTES 21 MAY 14, 2002 CITY OF DANIA BEACH explained that the costs to move the I.T. Parker House, located on the site, are now exceeding $200,000. Mr. Leeds explained that the $45,000 could be earmarked to be used as part of the City's $95,000 match in order to obtain a $200,000 grant for improvements to the Nyberg Swanson House. Robert Maclaren, II, mentioned the arduous process that has occurred trying to get the hotel project completed and that they are now anxious to get the project started. Mike Rodriguez, Architect, advised that they are ready to proceed with the soil work and relocation of the trees and proceed with demolition. It should take about six to eight weeks to modify the drawings to meet current code and then Ken Koch, Building Official, is projecting,eight weeks to conduct first and second review. Mr. Leeds advised that the applicant would have to supply the $45,000 prior to issuance of building permit. Commissioner McElyea requested consideration for an additional contribution from Hilton Gardens and Attorney Maclaren requested that the City accept the $45,000 based on his client's imposed costs due to a two year delay in the project. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the resolution reactivating the Site Plan and Variance for a period of six months and that the $45,000 contribution be paid prior to issuance of the building permit. The motion passed on the following 4/1 roll call vote: . Commissioner Bertino-yes Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED) 12.1 Appointment of a member to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "AIRPORT 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." 12.2 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. MINUTES 22 MAY 14, 2002 CITY OF DANIA BEACH "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." 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." Discussion followed on the need to appoint the member position on the Code Enforcement Board. 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 a member to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING . AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A MINUTES 23 MAY 14, 2002 CITY OF DANIA BEACH TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING • FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.9 Appointment of two (2) members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF 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." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager- Reminders: Public Town Hall Meeting with Sen. Geller and Rep. Ryan, May 22, 2002 from 7:00 p.m. to 9:00 p.m. • City Manager Pato requested to cancel the May 30th Street Closure Meeting and to reschedule for June 6th at 7:00 p.m. in order to obtain an independent traffic study on the street closures. Mr. Leeds advised that actual traffic count analysis by BSO will be finished by May 30th. The City Commission generally agreed to hold the meeting on May 30th at 7:00 p.m. as scheduled in the Dania Press. May 16 at 6:00 p.m. — Special Meeting for Abatement Hearings. 13.2 City Attorney — No comments 14. ADJOURNMENT This meeting adjourned at 11:10 p.m. R BERT H. CHUNN, JR. M OR-COMMISSIONER CHARLENE JO SON CITY CLERK APPROVED ON: May 28, 2002 MINUTES 24 MAY 14, 2002 CITY OF DANIA BEACH