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HomeMy WebLinkAbout1341 - MINUTES - City Commission MINUTES ® DANIA BEACH CITY COMMISSION REGULAR MEETING MAY 28, 2002 7:00 P.M. 1. CALL TO ORDER: 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Rev. Marlon Ritter, St. Ruth Missionary Baptist Church 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 At this time, Item 6.1 was heard in honor of Memorial Day. 4. CITIZENS' COMMENTS: 4.1 Jonathan Anderson, 734 SW 8t' Street, advised the public that a Parade would start in Dania Beach on June 1st at 9:00 a.m., 255 NW 12t' Avenue, and end in Hollywood in recognition. of the 5A State Basketball Champions. Mr. Anderson stressed his desire to work with the elected officials and community leaders to bring unity in Dania Beach. 4.2 Pamela Swanson, 4681 SW 33 Avenue, thanked the City Commissioners for their actions to install speed humps on SW 33 Avenue in a timely manner. However, she advised that the street is a very long block and that the speed humps were installed with one at the beginning and two at the end, which did not resolve the traffic problem. She asked that the speed humps be made higher and that one more be placed in the middle and that additional street lights be installed to address the drug trafficking on the street. City Manager Pato agreed that the area needs street lights. He mentioned that a survey had recently been conducted in the western portion of the City and that the information is currently being processed. In addition, he advised that SW 33rd Avenue should have been surveyed first before the speed humps were installed. Commissioner Mikes mentioned the need for engineering review to be conducted prior to installation of speed humps and that a process should be followed instead of allowing residents to receive the highway structures just by a request under Citizens Comments. MINUTES 1 MAY 28, 2002 CITY OF DANIA BEACH 4.3 Charlene Scalese, 826 NW 13 Avenue, thanked everyone who volunteered in the petition drive at John Lloyd Park on the airport expansion project. 4.4 Annette Hibbits, 30 SW 11 Street, stated her dissatisfaction with the street closure barricades and read a letter into the record. Vice Mayor Flury advised Ms. Hibbits that numerous residents are pleased with the street closures and that the public would be allowed to present comments on the street closure program at the Special Meeting scheduled Thursday, May 30th at 7:00 p.m. Item 9.6 was heard after Citizens' Comments. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: Item 5.1 was heard after Item 9.6. 5.1 Presentation by Dania Beach Main Street regarding an application for a Broward Beautiful Grant and possible adoption of a resolution in support: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DANIA BEACH MAIN STREET, INC., TO DESIGN, DEVELOP AND INSTALL, AT NO FINANCIAL COST TO THE CITY, A "FOUNDERS' GARDEN" IN THE CITY'S BOB HOUSTON PARK, LOCATED AT THE NORTHWEST CORNER OF WEST DANIA BEACH BOULEVARD AND NORTHWEST FIRST AVENUE, ADJACENT TO THE HISTORIC NYBERG-SWANSON HOUSE, AND TO • CONSTRUCT A SCULPTURE BASE WITHIN THAT GARDEN TO PROVIDE FOR THE VOLUNTARY DISPLAY OF WORKS BY LOCAL ARTISANS, THE SELECTION OF EACH SUCH WORK FOR DISPLAY TO BE APPROVED BY THE BOARD OF DIRECTORS OF DANIA BEACH MAIN STREET, INC.; DISPLAYS BY PARTICIPATING ARTISANS TO BE ON AN EQUITABLE ROTATION SCHEDULE; THE FUNDING FOR THE DESIGN, ENGINEERING AND CONSTRUCTION OF THE FOUNDERS' GARDEN TO BE PROVIDED BY DANIA BEACH MAIN STREET, INC., ITS MEMBERS, SPONSORS, DONORS, IN-KIND DONATIONS, VOLUNTEER WORK HOURS AND THROUGH ALL POSSIBLE GRANT AND OTHER MONIES OBTAINED BY DANIA BEACH MAIN STREET, INC., INCLUDING THE HEREBY CITY-ENDORSED APPLICATION FOR GRANT FUNDING FROM THE BROWARD BEAUTIFUL PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THIS RESOLUTION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. John Etling, Dania Beach Main Street, estimated that over 75 business properties had been improved over a four year period due to the Main Street Program. He mentioned that because of the limitations imposed by the Florida Department of Transportation, the City is restricted from making improvements to Federal Highway. Therefore, Main Street has focused attention to the avenues running parallel to Federal Highway. Mr. Etling presented a color drawing of the proposed "Founders Garden" to be located beside the Nyberg Swanson House adjacent to NW 1st Avenue. The garden would include a sculpture in the center with three benches and the area would be landscaped and become an area for community functions to be held. Mr. Etling advised that the Broward Beautiful Grant would provide landscaping MINUTES 2 MAY 28, 2002 CITY OF DANIA BEACH improvements to the project and that the grant has a deadline of June 10th for • submission. The Main Street Board of Directors has committed up to $10,000 in matching funds for the Broward Beautiful Grant and other pending grant applications are also being pursued. He anticipated the entire project to run $25,000 to $30,000 and requested support and approval to use the City property in order to move forward on the grant. He advised that Main Street would maintain the plants during the initial six month installation period, however, the City would need to maintain the area after the initial period. Plants with the lowest maintenance are being selected and he mentioned that Main Street volunteers were expected to help the City. Mr. Etling commented on ADA compliance issues on the project. Commissioner Mikes recommended that Mr. Etling meet with the City Manager before finalizing the plans to define what the garden would be called and to make sure that the project meets all ADA compliance. He also suggested that Main Street members review the areas around the Women's Club and Fire Station to see if additional canopy trees could be added for outdoor events. Mr. Etling was agreeable to including more landscaping in the area and to meet with the members of the Woman's Club on the matter. Commissioner Bertino was supportive of the project, however, he recommended that the City maintain control over the selection of the subject matter for the sculptures so as not to offend anyone. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution subject to the City Manager appointing a City Representative to work with • the Main Street Board of Directors on the selection of the sculpture pieces. 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 Mr. Etling clarified that the Broward Beautiful grant approval would not be expected until September and that the work would not commence until the grant is approved. In the meantime, he agreed to work with City staff on possibilities for locating trees on both sides of the Nyberg Swanson House. 5.2 Presentation by Airport Advisory Board. Jay Fields, Chairperson for the Airport Advisory Board, commented on some of the issues that were recently addressed at the Airport Advisory Board. He suggested that the City consider adopting a resolution n supporting Peter Deusch's position on extending the planning for the EIS (Environmental Impact Statement) past 2015. He also requested that City Manager Pato attend the Airport Advisory Board meetings and that the board be involved with all advertisement issues on the runway extension project. Commissioner Mikes reported that four meetings had been conducted with the Broward County Airport Task Force Committee, which involves members from Davie, Hollywood, Fort Lauderdale, Port Everglades, Broward County and Dania Beach. He was pleased to report that the County Commission recently approved recommendations from the Task • Force Committee to go back to the Master Planning stage for the runway expansion MINUTES 3 MAY 28, 2002 CITY OF DANIA BEACH project. Commissioner Mikes was pleased that Broward County now realizes that there . may be other ways to deal with the runway expansion project. Commissioner Mikes commended everyone who helped in the petition drive during the Memorial Day weekend and thanked County Commissioner Rodstrom for his willingness to look at other alternatives since his position was always pro-growth in the past. He also attended a meeting of the Hollywood Airport Task Force Committee and was grateful for the support from other cities as well as City Manager Pato, Jay Field, Vice-Mayor Flury, Brenda Chalifour, Special Counsel and citizens of Dania Beach. Commissioner Mikes encouraged volunteers to help with the project to reduce the impact on the few people who have always been involved. Interested parties were encouraged to contact City Manager Pato at (954) 924-3610. Item 7 was heard after Item 5.2. 6. PROCLAMATIONS: 6.1 A proclamation in honor of"Memorial Day" May 27, 2002. City Manager Pato read the proclamation in its entirety. Mayor Chunn recognized Ed Kodners in the audience who is a survivor of Pearl Harbor and commended the men and women who have sacrificed their lives for freedom. Gary Garafalo presented a poem written by Major John McCrae in 1915. • Item 4 was heard after Item 6.1. Item 7 was heard after Item 5.2. ITEMS PULLED FROM THE CONSENT AGENDA: Vice-Mayor Flury pulled items 7.5, 7.11, 7.12 and 7.14 and Commissioner Mikes pulled Item 7.8. City Attorney Ansbro advised that Item 7.7 should be corrected to $14,800.00. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of bills for the month of March and April, 2002. Minutes: 7.2 Approval of minutes for Regular meeting May 14, 2002. 7.3 Approval of minutes for Special meeting May 16, 2002. Travel Expenditures- None Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE BROWARD COUNTY SEGMENTS II AND III, SHORE PROTECTION PROJECT; URGING THAT BROWARD COUNTY PURSUE THE PROJECT EXPEDITIOUSLY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 4 MAY 28, 2002 CITY OF DANIA BEACH 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING THE PROPOSAL OF THE BROWARD COUNTY CHARTER REVIEW COMMISSION TO ESTABLISH A FIRE SERVICES AND STANDARDS COUNCIL TO COMPILE COUNTY-WIDE FIRE AND EMERGENCY MEDICAL SERVICE STANDARDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A SPECIAL CATCH BASIN AND PIPING SYSTEM TO BE INSTALLED AT SE 7T" STREET AND SE 5T" STREET, FROM H & H ENGINEERING INC. IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND EIGHT HUNDRED DOLLARS ($14,800.00), WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE ENGAGEMENT LETTER SUBMITTED BY S. DAVIS &ASSOCIATES, P.A. FOR THE IMPLEMENTATION OF GASB 34 FOR THE CITY OF DANIA BEACH IN AN AMOUNT NOT TO EXCEED $25,000.00; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A COMPRESSOR AND AIR FILL STATION FOR HIGH PRESSURE BREATHING AIR SYSTEM FOR THE FIRE DEPARTMENT FROM UNITED COMPRESSOR INC. IN AN AMOUNT NOT TO EXCEED $26,594.25, UNDER PALM BEACH COUNTY BID NO. 01-192/CB; 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 SECTIONS 4-18 AND 4-18.1 OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME AT WHICH ALCOHOLIC BEVERAGES MAY BEGIN TO BE SOLD ON SUNDAYS, BY ALLOWING SUCH SALES TO BEGIN AT NOON INSTEAD OF 1:00 P.M.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Bertino, seconded Vice-Mayor Flury, approving the Consent Agenda with the exception of Items 7.5, 7.8, 7.11, 7.12 and 7.14. 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 • 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING MINUTES 5 MAY 28, 2002 CITY OF DANIA BEACH THE CITY MANAGER TO PURCHASE TWO (2) 2002 FORD F-250 SD TRUCKS ($28,422.00 AND $25,072.00) IN AN AMOUNT NOT TO EXCEED $53,494.00 FROM DUVAL FORD, UNDER FLORIDA SHERIFFS ASSOCIATION & ASSOCIATION OF COUNTIES CONTRACT NO. 01-09-0904, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury understood that the trucks would be replacing older trucks, however, she was concerned that the trucks would be taking money from the $3 million Capital Improvement Program and that there may not be enough money left over for park improvements and the 803 substation project. Commissioner Mikes inquired as to whether City vehicles are still hauling shopping carts for grocery stores in the City. City Manager Pato advised that the Public Works Department continues to pick up the carts and agreed that a fee should be imposed on the grocery stores. He requested to be given an opportunity to investigate the matter and report back on June 11tn City Manager Pato advised that $700,000 was set aside for purchasing vehicles and that these vehicle purchases are not being funded from the Capital Improvement Program. Macciano Lewis, Acting Finance Director, agreed that $700,000 was borrowed for vehicles purchases and that there is an estimated $158,000 left after the two trucks are purchased. Discussion followed on the street sweeper under Item 8.1 being purchased from the $700,000 as well. A motion was made by Vice-Mayor Flury, seconded 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 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT AMONG THE CITY OF DANIA BEACH, CITY OF HOLLYWOOD AND GEVA I CORPORATION TO PERMIT GEVA I CORPORATION TO TEMPORARILY UTILIZE SANITARY SEWER SERVICES AVAILABLE FROM THE CITY OF DANIA BEACH, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro explained that the City of Hollywood does not currently have the ability to provide sanitary sewer services to Geva I located near the Barnes & Noble store on Stirling Road. The City would be receiving all costs associated with the hook up and the Geva I has agreed to pay all attorney costs associated with the matter as well. A motion was made by Commissioner Mikes, seconded Commissioner McElyea, adopting the Resolution. The motion passed on the following 5/0 roll call vote: MINUTES 6 MAY 28, 2002 CITY OF DANIA BEACH Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES UNDER THE NYBERG-SWANSON HOUSE PHASE II HISTORIC PRESERVATION GRANT AWARD IN AN AMOUNT NOT TO EXCEED $48,932.00, IN ACCORDANCE WITH RESOLUTION NO. 2001-136; WITH THE SOLE PROVIDER, ANTHONY ABBATE ARCHITECT PA, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury was pleased that the City is proceeding with the grant and that the improvements are being made to the Nyberg Swanson House. However, she inquired as to where the Parks & Recreation Department was going to be moved while the house is being renovated. City Manager Pato advised that on a short-term basis the department would be moved to the I.T. Parker Community Center because an area is being vacated by BCC. In the long-term, the department would be relocated to the various parks and once the 803 Substation is opened, the department would be located in the existing facility at Charlie Will Thomas Park. Mr. Pato mentioned that this does not mean that the City may not need the upstairs area in the Nyberg Swanson House once the renovations are completed on the house. . City Manager Pato explained that citizens are being forwarded to the Parks & Recreation Department currently located at the Nyberg Swanson House to make payments for the use of the I.T. Parker Community Center. All parking tickets are being paid at the cashier at City Hall. Vice-Mayor Flury stated that the Parks & Recreation Department staff members should be located at the parks and that no citizens should be paying parking tickets at the Nyberg Swanson House. A motion was made by Vice-Mayor Flury, seconded Commissioner McElyea, 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 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE VARIOUS SETTLEMENT DOCUMENTS BETWEEN THE CITY OF DANIA BEACH AND GEORGE CORNISH, UPON THE PURCHASE OF PROPERTY LOCATED AT 15 NW 14T" AVENUE FROM SHAUN SCHROEDER, AND ACCEPTING $23,000.00 TO CLEAR ALL LIENS IN EXCHANGE FOR FULL COMPLIANCE WITH CODE ENFORCEMENT ACTIVITIES FOR SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Vice-Mayor Flury was concerned that the legal fees for the foreclosure actions on the property may far exceed the amount of money that the City would obtain in the settlement. MINUTES 7 MAY 28, 2002 CITY OF DANIA BEACH • Representative Tim Ryan, Special Counsel for the City, explained that there are two Code Enforcement Liens on the property owned by Shaun Schroeder. The fines on the property exceeded $220,000 and the City discussed the possibility of foreclosing on the property with a $26,000 first mortgage. The first mortgage holder then proceeded with foreclosure proceedings and it has been determined that the appraisal on the house is valued at $70,000. Attorney Ryan advised that after the costs associated with the foreclosure actions and first mortgage were evaluated, he began negotiating with George Cornish on settling for $23,000 to clear the liens upon the purchase of the home from Shaun Schroeder. Attorney Ryan advised that the City has spend between $4,000 and $5,000 on legal fees so far. Commissioner Bertino was of the opinion that the land is actually City property and that the City is actually selling land without going through a bidding process. Attorney Ryan clarified that the property is not City property, however, the City has an interest in the property that is superior to all others except Shaun Schroeder and the first mortgage holder. The problem is that the City would have to expend $30,000 to acquire title and it is probably not a good idea for the City acquire more surplus property, which requires costs to renovate and sale the properties. Attorney Ryan mentioned the legal process involved with the foreclosure and sale, which would cost the City at least $37,000 to $38,000. Commissioner Bertino recommended that the property be purchased and renovated by the City and a deed restriction recorded to require a single family home to be built. Attorney Ryan pointed out that the lot is valued at $25,000 and that there would be costs associated with demolition of the existing structure. Attorney Ryan recommended against the City purchasing and selling the properties and thought the City would be better off finding owners who want to take pride in the community and improve the properties. Commissioner Mikes disagreed with the City maintaining the properties and having to expend funds to renovate the properties to bring them up to code. He agreed with Commissioner Bertino to continue the item to the June 11th meeting in order to allow staff the opportunity to see if the building could be converted to a single family home and to research whether a deed restriction could be placed on the title to only allow a single family residence on the property. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, continuing the item to June 111h meeting. The motion failed on the following 2/3 roll call vote. Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-no Mayor Chunn-no Commissioner Mikes-yes A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution accepting the $23,000 subject to the inclusion that the property must be used as a single family residence and not a duplex. The motion passed on the following 510 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes MINUTES 8 MAY 28, 2002 CITY OF DANIA BEACH Commissioner Mikes-yes 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO WATER AND SEWER SERVICES; AMENDING SECTIONS 27-23 AND 27- 55 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR A REFUND OF DEPOSITS TO CUSTOMERS WHO SATISFACTORILY MEET ESTABLISHED CRITERIA AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON DEPOSITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Flury thanked staff members in the Finance Department for implementing the return of deposits for those accounts who are up-to-date after 23 months. A motion was made by Vice-Mayor Flury, seconded 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 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Staff recommendation on awarding bid for street sweeper. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE • BID FOR A TYMCO MODEL 600 STREET SWEEPER TO MCCLAIN SOUTHLAND COMPANY IN THE AMOUNT OF $139,025.75; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Vice-Mayor Flury inquired as to how many companies make street sweepers. Mike Sheridan, Utilities/Public Works Director, didn't know of that many and advised that only one bid had been received for the street sweeper. Vice-Mayor Flury was concerned with expending $139,000 when only one bid has been received. Commissioner Mikes inquired as to whether the specifications were written in a way to reduce the submission of bidders. Mr. Sheridan advised that the old street sweeper was recently repaired and would be retained as backup equipment. Mr. Sheridan explained that the old street sweeper has been out of use for a month because staff was waiting for a part that took some time to receive. A motion was made by Commissioner Mikes, seconded Commissioner Bertino, continuing the item in order for staff to review the specifications and warranty program and to rebid the equipment if necessary. 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: MINUTES 9 MAY 28, 2002 CITY OF DANIA BEACH 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ® SECTION 8 OF ARTICLE 1, PART I OF THE CITY CHARTER TO PROVIDE 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance and advised that a revised version of the Ordinance was provided tonight clarifying the actual wording on the seal. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes confirmed with Commissioner McElyea that the City was actually incorporated in 1904 in Dade County and that the City was brought into Broward County around 1915. A motion was made by Vice-Mayor Flury, seconded 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 9.2 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Representative Tim Ryan, Special Counsel, advised that five amendments were included in the Ordinance based on direction from the City Commission from the last meeting. Commissioner Mikes mentioned that there aren't that many cities who use the marketing of property through a licensed real estate broker and that most of the cities use the bidding process. He was concerned that the City Manager is being given too much leverage on selling properties appraised under $25,000 and that it does not state that the City Manager would have to take the best offer. Commissioner Mikes recommended that the City Commission make all decisions on selling properties and that a public hearing be conducted to allow the public to speak on the sales. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner Mikes, seconded Commissioner McElyea, amending the Ordinance on Page 2 #5 by striking If the fair market value of the surplus real property, as appraised by the state certified appraiser, is greater than $25,000, then" MINUTES 10 MAY 28, 2002 CITY OF DANIA BEACH and include "The contract for sale of the real property executed by the City Manager shall be contingent upon approval by majority vote of the City Commission at an advertised public hearing held at a regularly scheduled commission meeting. If the fair market value of the surplus real property, as appraised by the state certified appraiser, is greater than $100,000, then the contract for sale of the real property shall be contingent upon approval by a supermajority vote requiring four out of five commissioners assent at an advertised public hearing held at a regularly scheduled commission meeting". 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 Bertino, seconded Commissioner Mikes, adopting the Ordinance on second reading as amended. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.3 AN ORDINANCE 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Bertino clarified with Attorney Ansbro that Dania Beach citizens will be able to use the beach at Tigertail Lake and that BCC does not have exclusive use. A motion was made by Commissioner Bertino, seconded Vice-Mayor Flury, 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 MINUTES 11 MAY 28, 2002 CITY OF DANIA BEACH Commissioner Mikes-yes 9.4 a) RZ-10-02- A Rezoning request by Shelly Eichner, Calvin, Giordano & 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 Road. 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.(SECOND READING) City Attorney Ansbro read all the titles of the Items relating to the Griffin Lakes Mobile Home Park. Laurence Leeds, Growth Management Director, presented his comments on the rezoning, plat approval, Site Plan with conditions, and the establishment of a Community Development District. Mr. Leeds advised that the applicant has agreed to voluntarily deed restrict the property as a for sale product to be conveyed either in fee simple or condominium, and the limitation of site design as a two-story townhouse type dwelling unit project not to exceed 12 units per gross acre. In addition, the developer will contribute park improvement impact fees totaling $634,000.00 (letter dated May 7). In regards to the Site Plan, a revised version has been submitted for a 427 town house unit project with a clubhouse, pool in the center, park on the southern portion of the property, and two tot lots. All of the townhouses will be two and three bedrooms. Mr. Leeds advised that the applicant has agreed to increase the size of the dumpster so as to allow for two pickups per week. Many residents (approximately 10% of units) will be inconvenienced by having to walk a longer distance (in excess of 300 feet) to take their trash to the dumpsters. Commissioner Bertino inquired as to whether the applicant would be subject to franchise fee for sanitation services even though they would be using their own private garbage hauler. Attorney Bonnie Miskel advised that the applicant would voluntarily agree to pay a franchise fee for sanitation services. Mr. Leeds advised that the City Commission could require additional dumpster units to reduce the walking for some residents, or in the alternative the developer could be required to post a copy of the Site Plan to inform people of the dumpster locations. Discussion followed on the traffic analysis and the conditions to be included with the Site Plan approval. Mr. Leeds advised that David Keller, former Finance Director, had reviewed the petition and Ordinance establishing the CDD (Community Development MINUTES 12 MAY 28, 2002 CITY OF DANIA BEACH District and found that there was no financial impact on the City. The CDD would be a gated private community and the money would be used to fund improvements inside the community. Mayor Chunn opened the public hearing on all Items for 9.4. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded Vice-Mayor Flury, 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 b) PL-09-02- A Preliminary Plat request by Charles D. Robbins, Manager of MKN Investors, LLC and The Halliday Family's Griffin Lake Mobile Home Park, for property located at 2300 Griffin Road. 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. (SECOND READING) A motion was made by Commissioner Bertino, seconded Vice-Mayor Flury, adopting the Ordinance on second reading with the understanding that the developer voluntarily agrees to pay $634,000 for recreational impact fees. 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 —A Site Plan request by Shelly Eichner, Calvin, Giordano & Associates, representing Charles D. Robbins, Manager of MKN Associates and The Halliday Family's Griffin Lake Mobile Home Park, to construct a 427 Unit Townhouse Development. Property located at 2300 Griffin Road. 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 RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded Commissioner Mikes, adopting MINUTES 13 MAY 28, 2002 CITY OF DANIA BEACH the Resolution approving the Site Plan (SP-11-02) with the following conditions: (1) Approval of final traffic circulation plan by Fire-Rescue prior to issuance of any building permits; (2) Wall along the south lot line and wall and fence along the west lot line to be installed before issuance the first certificate of occupancy (excluding model units). (3) Resolution of garbage collection issues: Laurence Leeds, Growth Management Director, shall verify the size of the dumpster (garbage provider to provide documentation to satisfaction of Public Works/Utilities Director that six cubic yard dumpsters can be accessed from garbage vehicles), distance for dumpsters shall be placed on Site Plan and posted in the Sales Office to notify residents of the walking distance from each unit, and applicant shall pay a garbage franchise fee prior to issuance of a building permit; (4) Applicant to provide a northbound left turn lane from Ravenswood Road into the project containing at least 100 feet in length and completed prior to issuance of any certificate of occupancy. (5) Applicant to add trees in front of the linear townhouse units; (6) Space a Royal Palm in each of the clusters of the Crepe Myrtles every 100 feet along Griffin Road and Ravenswood Road, if permitted, for continuity with the Bass Pro Shops development. 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 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. (SECOND READING) A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting the Ordinance on second reading establishing the Griffin Lakes Community Development District subject to all lakes being the responsibility of the development group or association as assigned and that the City is granted permission to use the lakes for drainage purposes as necessary. 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 e) CONSIDERATION AND PASSAGE OF A MOTION DETERMINING, PURSUANT TO FLORIDA STATUTES, SECTION 723.083, THAT ADEQUATE MOBILE HOME PARKS OR OTHER SUITABLE FACILITIES EXIST FOR THE RELOCATION OF THE MOBILE HOME OWNERS' OF THE SUBJECT MOBILE HOME PARKS. A motion was made by Commissioner Mikes, seconded Commissioner McElyea, determining, pursuant to Florida Statutes, Section 723.083, that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners' of the • subject mobile home parks as recommended by City Attorney Ansbro. The motion MINUTES 14 MAY 28, 2002 CITY OF DANIA BEACH passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.5 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. (SECOND READING) Laurence Leeds, Growth Management Director, advised that the Ordinance is a housekeeping matter that extends the phasing schedule and completion of the last office building through 2007. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded 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 Item 9.7 was heard after Item 9.5. Item 9.6 was heard after Item #4. 9.6 SA-102-99- Request by Kodner Galleries for Revised Building Elevation Plans for property located at 45 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REVISED SITE PLAN REQUEST SUBMITTED BY KODNER GALLERIES, FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HWY., DANIA BEACH; MINUTES 15 MAY 28, 2002 CITY OF DANIA BEACH PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Chunn advised that Ms. Ryan Otterholt, on behalf of Kodner Galleries, was requesting a continuance of Item 9.6 to the June 11th meeting. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, continuing Item 9.6 to June 11th regular meeting. 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 5.1 was heard after Item 9.6. Item 9.7 was heard after Item 9.5. 9.7 SE-36-01-Request by Stuart J. Mac Iver, representing Victoria L'Originale for a Special Exception Modification for a 4,800 square foot warehouse building, for property located at 212 North Federal Highway (Zoned C-3). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A MODIFICATION TO THE SPECIAL EXCEPTION REQUEST APPROVED BY RESOLUTION 2001-152 AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION AMENDING CONDITIONS TO THE USE OF THE WAREHOUSE BUILDING FOR VICTORIA UORIGINALE, PROPERTY LOCATED AT 212 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant operates a coffee machine sales and service business at 212 North Federal Highway and would like to demolish five dilapidated "cabins" behind the existing building and replace them with a new 4,500 sq. ft. retail building and new 4,800 sq. ft. warehouse. Mr. Leeds recommended approval of modifying the Special Exception approved in 2001 subject to deed restricting the building to exclude certain uses and to limiting hours of operation. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Stuart Mac Iver, representing Victoria L'Originale, agreed to the deed restriction on the uses presented by Mr. Leeds and clarified that coffee machine repair would be allowed. A motion was made by Commissioner Bertino, seconded Commissioner Mikes, adopting the Resolution modifying the Special Exception subject to the following: (1) Limit hours of operation hours from 8:00 a.m. to 6:00 p.m. (Monday-Saturday); (2) use of the property shall be limited to coffee machine repair (as an accessory use) or warehouse; (3) The following uses would be specifically prohibited — a) Service, storage, or repair of automobiles, trucks, motorcycles, or boats; b) Manufacturing, assembly or fabrication; c) Food processing (excluding catering or food preparation for retail sale); (4) Deed • restriction be legally recorded prior to issuance of building permit; (5) Up to three (3) MINUTES 16 MAY 28, 2002 CITY OF DANIA BEACH additional trees in the front of the property and up to five (5) trees in the back of the • property as specified by Laurence Leeds, Growth Management Director. 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 SA-18-02- Request by Domenico Apa owner of Victoria L'Originale for a Sign Adjustment, for property located at 212 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY VICTORIA UORIGINALE, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT REGULATIONS, FOR PROPERTY LOCATED AT 212 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that there is an existing pole sign, which is prohibited, and that the sign code allows a seven (7) feet high monument sign containing 42 square feet of area with a setback of at least five feet from the road. Mr. Leeds advised that staff is recommending a monument sign 55 square feet in area with a five foot sign setback from the road and seven (7) feet in height. The sign would be stucco concrete and the exterior illuminated. Domenico Apa, owner, was present to request approval. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes advised that there was a paint requirement on the building when the project was approved in 2001. Mr. Leeds advised that the applicant had to repaint the existing building and that there are currently two painted wall signs (one on Federal Highway and one on the south side of the building). Commissioner Mikes recommended requiring the applicant to paint the building and the sign concurrently. Vice-Mayor Flury stressed the importance of being practical and not imposing a hardship on the business owner. She disagreed with making the applicant paint the building before he installs the monument sign, which cannot be installed until after the construction of the buildings. A motion was made by Vice-Mayor Flury, seconded Commissioner Bertino, adopting the Resolution (SA-18-02) approving a Sign Adjustment to allow a monument sign 55 square feet in area with a five foot sign setback from the road and seven (7) feet in height. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-no MINUTES 17 MAY 28, 2002 CITY OF DANIA BEACH 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino encouraged driving safety now that school is out for the summer. He mentioned that roller hockey season is coming up and that the side boards need to be redone and that a Parks & Recreation person needs to be at the Optimist Club meetings. In regards to contractors who have been granted flex units, he asked Mr. Leeds to review those projects to determine if they have used the flex units and to reassign the flex units for other projects. 10.2 Commissioner McElyea mentioned that his grandson helped with the go-cart races at Dania Elementary School this past Saturday and that his daughter finished 7th in a car race at Lake Okeechobee. Commissioner McElyea advised that he would be presenting Dania History at the Dania Historical Society next week and traveling to St. Louis, Missouri tomorrow morning. 10.3 Commissioner Mikes asked for a status update on the lake maintenance for Estates of Fort Lauderdale. City Manager Pato advised that staff is working on the issue and that there would be some restrictions. City Attorney Ansbro advised that Mary McDonald, Administrative Services Director, is checking with the Broward League on the insurance requirements. Attorney Ansbro advised that there would have to be some hold harmless protections and an agreement stating that the City is only responsible for weed control. • Commissioner Mikes asked for a status on the canal dredging project. City Manager Pato was pleased to report that Broward County has finally agreed in writing to provide up to $100,000 to help dredge the Dania Cut-off canal. Commissioner Mikes advised that the engineering surveying work helped provide the information on the shoaling problem that existed in the canal. Commissioner Mikes stressed the importance of implementing a professional tree maintenance program to provide consistent fertilizing to help preserve trees and plantings. He mentioned that additional dunes replantings are also needed at the beach due to the erosion problems. 10.4 Vice-Mayor Flury mentioned that board appointments continue to be a problem during the year to the point that some boards cannot meet. She mentioned that the boards are a good training ground for future commissioners and suggested that all commissioners be allowed to make appointments on boards for those commissioners who choose not to make appointments after 90 days. Commissioner Bertino agreed with the idea for those boards that could not meet. City Attorney Ansbro suggested that a policy resolution could be prepared, however, some of the boards are created by Ordinance and have specific legal requirements that have to be followed. • City Clerk Johnson suggested utilizing the policy just for advisory boards and not those boards with specific legal requirements. MINUTES 18 MAY 28, 2002 CITY OF DANIA BEACH • Commissioner Mikes mentioned that one of the problems is that there are a number of people who get appointed that do not attend the board meetings on a regular basis. Commissioner McElyea mentioned his recent steps to help find some appointees for the Code Enforcement Board and Unsafe Structures Board. 10.5 Mayor Chunn thanked Chief Bryan Cowart for his assistance this past week to help deal with a serious matter and commended the veterans who have served our country. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by Chris Cutro of Saltz Michelson Architects to revise landscape plan in the rear yard of 3501 Griffin Road, for property located at the Northwest corner of SW 35`h Avenue and Griffin Road. Laurence Leeds, Growth Management Director, explained that the applicant is requesting to replace five Black Olive trees with Live Oak trees as the trees are making the parking lot buckle and they interfere with power lines, which can be dangerous. He advised that the Crepe Myrtles and Green Buttonwood trees meet code and that staff cannot support a loss in tree canopy. The applicant would be required to post the site and to notify the adjacent property owners to enlist their support in the tree removal plan. Mark Saltz, representing Charles Michelson, mentioned that the owner purchased the property 5 '/2 years ago and that they have tried to improve the property in spite of the many negative impacts with the property being in close proximity to the Fantasy Lounge and with the drug activity in the area. Mr. Saltz presented photos of the existing trees on the site showing the closeness of the trees to the electrical wires and he mentioned his communications with FPL on trimming the trees as well as speaking with the City's landscape consultant, Bill Tesauro, to address the tree problems. Vice-Mayor Flury stressed the importance of preserving trees and disagreed with cutting them down. She also suggested that the one Black Olive on the side of the property be left. Commissioner Mikes mentioned that tree canopy helps reduce noise pollution and he didn't think the trees had been maintained very well over the years. Commissioner Mikes was not satisfied with the choice of Buttonwood trees and recommended that Live Oak trees be planted instead and that more trees would have to be planted to make up for the lost canopy from the Black Olives. A motion was made by Commissioner Mikes, seconded Commissioner McElyea, approving the revised landscape plan with the inclusion of 7 new Live Oaks (14 ft 3 diameter) and 2 additional Crepe Myrtles (12 ft with 2 inch diameter) and maintaining the existing Black Olive on 351h Avenue. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes MINUTES 19 MAY 28, 2002 CITY OF DANIA BEACH 12. APPOINTMENTS: 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. "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." Commissioner McElyea recommended moving Tim McLeod from the Plumbing/Mechanical Contractor position to the Electrical Contractor position on the Board and to appoint David Nuby to the Plumbing/Mechanical position and Terrell McCombs to the Alternate position. 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." MINUTES 20 MAY 28, 2002 CITY OF DANIA BEACH 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." Commissioner Mikes appointed Alex Ortiz to the Human Relations Board. 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." Commissioner Mikes appointed Judy Usifer to the I.T. Parker Community Center Advisory Board. 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 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." • Vice-Mayor Flury recommended Ken Burg in the Person Experienced in Social Problems MINUTES 21 MAY 28, 2002 CITY OF DANIA BEACH position on the Unsafe Structures Board. • A motion was made by Commissioner Bertino, seconded Commissioner McElyea, approving all appointments as submitted and adopting all Resolutions. 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 - *May 30, 2002 @ 7:00 p.m. — Special Meeting on Street Closure Program. City Manager Pato recommended appointing Commissioner McElyea to Chair the Centennial Celebration Committee based on his knowledge of the City's history. City Manager Pato stressed the importance of conducting surveys on streets before speed humps are installed and for the City Commission to refer the requests to staff so that a process can be followed to reduce the installation work and cost to the City. Discussion followed on speeding on SE 5th Avenue and one Motorcycle policeman being hired with BSO as of July 1st 13.2 City Attorney — no comments • 14. ADJOURNMENT This meeting adjourned at 10:50 p.m. Robe H. Chunn, Jr. Attest: Charlene Joh t n City Clerk Approved: June 11, 2002 MINUTES 22 MAY 28, 2002 CITY OF DANIA BEACH