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HomeMy WebLinkAbout2002-06-11 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 11, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Rev. Delbert D. King, Dania United Methodist Church 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino (arrived at 7:10 p.m.) C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Merita Mitchell, 710 SW 2nd Terrace, requested that her street be closed to reduce drug crimes, the traffic impact from Ely Boulevard and Stirling Road and Stirling and Phippin/Waiters Road, and the traffic to and from the auto repair shop near her home. Vice-Mayor Flury mentioned that Item 11.2 will address a procedure for street closures and speed humps. She commended Merita Mitchell and other members of Turn Around Dania Beach for helping children at the Dania Beach Housing Authority. 4.2 Patricia Tyra, 2912 SW 54 Street, explained that the City had represented to the Estates of Fort Lauderdale, as part of the annexation campaign in 2001, that it would pay for maintaining the lakes for the association. She advised that the contract has still not been completed and that the association has incurred $5,140.00 in expenses that the City was supposed to cover. City Manager Pato advised that once the legal matters with the maintenance contract are resolved, the City would pay the costs and begin maintaining the lakes. Commissioner Bertino clarified that the City made this promise to residents of the Estates of Fort Lauderdale and that the City will follow through with its responsibility. 4.3 Bob Adams commended Vice-Mayor Flury for her suggestion at the last meeting to allow • other Commissioners to fill board appointments for those Commissioners who allow the MINUTES 1 JUNE 11, 2002 CITY OF DANIA BEACH • appointments to lapse past 90 days. He mentioned the difficulty involved with boards being able to meet when all of the members are not appointed and he urged the City Commission to take action on the proposal. In reference to the recent Sun Sentinel article regarding racial slurs towards Mayor Chunn, Mr. Adams commended Mayor Chunn for his honesty and fairness and expressed his support and willingness to stand against bigotry and racism in the City. 4.4 Helen Shields, 5259 SW 40 Avenue, urged the City Commission to have BSO provide additional patrols near the Emerald Palm Apartments based on five (5) murders and other crimes that have occurred in the area. She also asked that the drainage be addressed and inquired as to why BSO officers were utilized for school crossing guards when they should be patrolling the streets and dealing with serious crime. City Manager Pato stated that Sheriff Ken Jenne lives in the area and he decides how BSO officers are utilized in the area. City Manager Pato agreed to look into the use of officers to see if more patrolling could be provided to protect the residents. 4.5 John Etling, Main Street, thanked the City Commission for supporting his request for a grant application with the Broward Beautiful program for landscaping improvements to the Nyberg/Swanson House. He commended City staff members for their assistance and was pleased with the number of volunteers willing to help with the project. 4.6 Faye Bartelmes, 214 SW 2 Terrace, was pleased that Main Street is taking action to improve the Nyberg/Swanson House, however, she stressed the need for the City to take action • to use BSO prisoners or volunteers to clean up the debris on Federal Highway. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 BSO District 2 "Deputy of the Month" for May 2002 — Deputy Dennis Primeau. 5.2 Commendation to the Fire Department by Kenneth Land, Fire Chief, for receiving exemplary rating from recent State of Florida, HRS, Emergency Services Division Inspection. Ken Land, Fire Chief, read a letter from the State commending the Dania Beach Fire Department. Dr. Scott Ulin, Medical Director for the City, recognized the Fire Department for their dedication and excellence and presented "Certificates of Appreciation" to Deputy Chief Mike Brown and Captain Bruce Caruso for their efforts with the department. 5.3 Dania Beach Employee Recognition Program —Gloria Brandes Laurence Leeds, Growth Management Director, advised of the difficult job of dealing with the paper work involved with Code Enforcement. Gloria Brandes, Secretary II, was commended for her dedication in dealing with the public and handling of the daily operations of the Code Enforcement Division. 6. PROCLAMATIONS- NONE m Items pulled from the Consent Agenda: Items 7.6, 7.7, 7.8 and 7.9. MINUTES 2 JUNE 11, 2002 CITY OF DANIA BEACH 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills - None Minutes: 7.1 Approval of minutes for Regular meeting May 28, 2002. 7.2 Approval of minutes for Special meeting May 30, 2002. Travel Expenditures- 7.3 July 18-21, 2002 — Kristen Jones, Parks and Recreation Department, attendance at Florida Festivals and Events Association Conference in Sarasota. 7.4 June 21-22, 2002 — Bonnie Temchuk, Assistant to the City Manager, and Glenn Morris, Captain- Marine Rescue, attendance at Florida Inland Navigation District, Board of Commissioners, meeting in Melbourne. Resolutions — 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DANIA MAIN STREET AND THE CITY MANAGER TO APPLY FOR A FLORIDA HISTORICAL MARKER FOR THE NYBERG-SWANSON HOUSE; AT NO COST TO THE CITY AND FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID APPLICATION UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Item 7.9 was addressed prior to the Consent Agenda motion. • A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of Items 7.6, 7.7, 7.8, and 7.9. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ITEMS PULLED FROM THE CONSENT AGENDA: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING THE DANIA BEACH CITY COMMISSION AS THE MEMBERS ON THE "DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE BOARD"; DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the Resolution was changed to an Ordinance and he read the title of following Ordinance as presented: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING THE DANIA BEACH CITY COMMISSION AS THE MEMBERS ON THE "DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE BOARD"; DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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: MINUTES 3 JUNE 11, 2002 CITY OF DANIA BEACH • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CHANGE OF CONTROL AGREEMENT AMONG COMMUNITY CABLE TELEVISION KNOWN LOCALLY AS AT&T BROADBAND, MEDIAONE OF EASTERN MICHIGAN, INC. KNOWN LOCALLY AS AT&T BROADBAND, AND THE CITY OF DANIA BEACH; APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE HELD BY COMMUNITY CABLE TELEVISION FROM ITS ULTIMATE PARENT COMPANY, AT&T CORP., TO AT&T COMCAST CORPORATION; SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. Commissioner Bertino questioned City Attorney Ansbro on whether the City legal staff had addressed all rights that might be afforded the City to improve service with AT&T based on the need for the City to approve the transfer of control. Attorney Scott Robin, Weiss, Serota, et al, explained that the existing cable franchise held by Media One covers the old part of the City and that Community Cable Television covers the cable franchise for the newly annexed area. Attorney Robin explained that the Media One • franchise agreement did not provide for City Commission approval of the Change of Control, however, the newly annexed franchise agreement with Community Cable Television did include a provision. As a concession, AT&T agreed to allow City Commission approval for the Transfer of Control for both. sections of the City as well as a $50,000 payment to upgrade the broadcasting of City Commission meetings to the public along with some other benefits. Attorney Robin advised that an upgrade to the cable systems in Dania Beach would be included in the negotiations with AT&T for the new franchise and that the ordinance is expected at the next regular meeting. In addition, AT&T has agreed to reimburse the City for the legal costs associated with the cable transfer. City Attorney Ansbro advised that AT&T also agreed to upgrade the service within two (2) years and that is why the City agreed to extend the term of the franchise to 2014. Commissioner Bertino requested that a provision be included to impose a fine on AT&T in the event there is a demise in cable service during the franchise period. Attorney Robin advised that the Ordinance approving the franchise agreement forthcoming for first reading on June 25tn would address the imposition of fines. Commissioner Mikes asked that AT&T be prepared to discuss the improvement of service and transmission of commission meetings at the second reading on June 25tn. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, 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 4 JUNE 11, 2002 CITY OF DANIA BEACH • 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REZONING REQUEST BY ANTONIO CABRERA JR., PRESIDENT OF THE EPOCH CORPORATION FOR PROPERTY LOCATED AT THE SOUTH EAST CORNER OF STATE ROAD 84 AND SW 30TH AVENUE, 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 BROWARD COUNTY B-3 (COMMERCIAL) AND S-2 (OPEN SPACE) TO BROWARD COUNTY B-3; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Margaret Croxton, Executive Director for Marina Mile 84 Association and Director Corporate Communications Marina Mile Business Park, advised that she represents Antonio Cabrera, the developer. She presented drawings of the proposed development "Marina Mile Business Park" located at the southeast corner of State Road 84 and Southwest 301h Avenue. Ms. Croxton advised that the $25 million Marina Mile p7,oject is anticipated for a 3-year build out and would be a tremendous financial asset to the City. The development would draw major yacht brokers and marine related businesses seeking high end office, showroom, and distribution space at rates well below prices in eastern Fort Lauderdale. Bill Biggers, President of the Marina Mile Association, was very pleased, on behalf of the 45 member Association, to be involved with the project that is expected to attract marine related companies to the Marina Mile area and enhance the marine industry in the area. . Antonio Cabrera commended the City's staff for an excellent and proficient job with the development process and explained that the Marina Mile Business Park would be a 175,304 square foot complex featuring 4 single-story office/showroom/distribution structures for the marine industry. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Ordinance on first reading with a change in the language on page 3 of 7 B "Covenant Running with the Land" to replace "may be" with "shall" to be consistent. 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 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING THE PROVISIONS OF ARTICLE III OF CHAPTER 2 OF THE CITY CODE OF ORDINANCES ENTITLED "CITATIONS FOR ORDINANCE VIOLATIONS" IN ITS ENTIRETY AND CREATING A NEW ARTICLE III OF CHAPTER 2 ENTITLED "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES, CITATIONS FOR COUNTY COURT APPEARANCES", IN ORDER TO EFFECT A COMPREHENSIVE REVISION OF THE PROVISIONS SET FORTH IN SUCH ARTICLE AND CHAPTER OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • City Manager Pato requested a continuance in order for staff to obtain additional information. MINUTES 5 JUNE 11, 2002 CITY OF DANIA BEACH • A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing first reading of the Ordinance to the June 251h 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 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 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. (SECOND READING) City Attorney Ansbro advised that the Ordinance was requested by Publix Supermarkets. He pointed out that the Ordinance was prepared to apply to any kind of sales, including taverns or restaurants, and was not confined to package sales, unless the City Commission chooses at this time to amend the Ordinance. • Mayor Chunn opened the public hearing. Bob Adams advised that although he does not like the idea of extending the hours for the purchase of alcoholic beverages on Sunday, he does support the Ordinance based on the business that Dania Beach is losing to Hollywood because they have earlier hours. Mr. Adams wasn't sure that 12 noon would provide much change for the stores and suggested that the City consider allowing the sale from 10:00 a.m. or use the Monday-Saturday schedule based on the fact that adult video sales are allowed from 9:00 a.m. on Sunday. Rose Lizana supported the Ordinance and agreed that business is being lost to surrounding cities with the Sunday restriction on hours. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Ordinance on second reading 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 9.2 (A) 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 MINUTES 6 JUNE 11, 2002 CITY OF DANIA BEACH PROVIDE FOR THE PAYMENT OF INTEREST ON DEPOSITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Commissioner Bertino questioned staff on what the interest rate would be on deposits that would be returned as the amount could be significant based on many deposits going back as far as 30 or more years. City Attorney Ansbro advised that Macciano Lewis, Acting Finance Director, worked on the ordinance. While staff tried to locate Mr. Lewis, Commissioner Bertino mentioned that the Water and Sewer Funds are Enterprise Fund and that the interest that accrued on deposits over the years was invested and that those monies were put back into the Enterprise Fund. City Manager Pato reported that the Ordinance provides for deposits to accrue interest at the average annual rate earned by the City on its pooled investments and that the amount of interest would be calculated as far back as the deposit was first held. City Attorney Ansbro advised that Mr. Lewis had calculated the cost to the City to be around $122,000. Commissioner McElyea advised that the City Commission fought the return of deposits over the years because the public needs to realize that the funds being returned have to be collected through an increase in water and sewer rates. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes (B) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE IMPLEMENTATION OF THE INITIAL PHASE OF REIMBURSEMENT OF UTILITY DEPOSITS TO ELIGIBLE CUSTOMERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury mentioned that a rate study had been conducted a few years ago and it showed that rates should be increased annually. She advised that during the budget it may be determined that rates will need to be increased and that the return of deposits should not be blamed for the increase. Commissioner Bertino advised that these were incomes that were received from another source and that some adjustments will have to be made to replace the lost revenues. 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: is Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes MINUTES 7 JUNE 11, 2002 CITY OF DANIA BEACH • Commissioner Mikes-yes 9.3 VA-13-02- Variance request by Gary Posner, owner, Treasure Cove Associates, LTD, for property located at SW 45th Street and SW 27th Avenue (includes revised landscape plan), with the following variances: a) Variance to allow 39% pervious area (40% pervious area required) in order to construct screen enclosed wood decks in the rear yards of townhouses. b) Variance to allow a 10 foot rear yard setback (15 feet required) in order to construct screen enclosed wood decks in the rear yards along the west lot line. c) Variance to allow a second entryway sign measuring 4 feet high, 6 square feet in area, at the entrance to the complex on SW 45th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GARY POSNER, OWNER, TREASURE COVE ASSOCIATES, LTD, FOR PROPERTY LOCATED AT SW 45TH STREET AND SW 27TH AVENUE; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the variance requests. Laurence Leeds, Growth Management Director, advised that the development consists primarily of single and two story townhouse units located along 271h Avenue and 45th Street and includes an existing boat basin. The project was annexed into the City in 1990 and the current zoning RM-10, which allows up to three-story garden apartment rental buildings. Mr. Leeds explained that Mr. Posner submitted an application in the latter part of 2000 for a two- story development consisting of "for sale" condominiums or homeowners association townhouses. At the time, Mr. Posner exceeded the parking requirements and the Site Plan was approved in January 2001. Notifications were not required because there was no rezoning, variances, or special exception requests as the Site Plan met code requirements. Mr. Leeds explained that Mr. Posner is now requesting revisions to the development that relate to landscaping improvements, screen enclosure wood decks, and the use of the boat basin. The Planning & Zoning Board desired to defer action on the boat basin issue at its May meeting and the only issue before the City Commission tonight relates to the variance approvals for the screen enclosures and sign. Mr. Leeds explained that Mr. Posner revised his Site Plan to include smaller 10'x16' screened-in decks, which eliminates the need for setback variances along SW 45th Street and SW 27th Avenue. The pervious area has been increased from 37% to 39% and the setback along the west lot line was increased to 10 feet. Mr. Leeds explained that some of the residents indicated support for the lesser variances if the developer substituted a wall for the approved shadow box perimeter fence. The wood fence would be replaced with a masonry or concrete wall along SW 271h Avenue, along SW 45th Street east of the project entrance, and along portions of the west lot line (the fence would remain adjacent to units 29, 30, and 31 where there is an existing easement. The developer has also submitted a revised landscape plan. A variance is also requested to install a second monument sign at the project entrance (SW 27th Avenue/SW 45 Street). Staff is recommending four feet in height and six square feet in area. Mr. Leeds presented staff's recommendation and advised that Mike Sheridan, Public Works/Utilities Director, was available to address the drainage issues. MINUTES 8 JUNE 11, 2002 CITY OF DANIA BEACH City Attorney Ansbro advised that this item is a Quasi-judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the Variance requests. Stephen Botek, Craven Thompson & Associates, pointed out the location of two (2) catch basins on the west side of the property, which are installed in the right-of-way and connected to the canal. Mr. Posner advised that one 15" catch basin was installed as required by the South Florida Water Management District, the road was repitched and sewer lines installed. The catch basis goes through the property and is attached to the drainage system and the water flows out to the canal. Mayor Chunn opened the public hearing. Peter J. Quinn, 4487 Treasure Cove Drive, supported Mr. Posner's project and mentioned that Mr. Posner has been very good with the residents and that the development has been good for property values and the entire community. Dick Fisher, 4481 Treasure Cove Drive, supported Mr. Posner's development and advised that Mr. Posner has done everything he promised to do for the residents. Dawn Read, 2724 SW 45 Street, supported the variances with the understanding that the wall would be built. Karen Gottlieb, 4473 Treasure Cove Drive, opposed the development and advised that Mr. Posner was suing her for $1 million, which she felt was incomprehensible. She presented drawings showing the flooding that occurs during heavy rain storms and advised that Mike Sheridan, Public Works/Utilities Director, reviewed the site and knows the type of wall that should be built for the development. She advised that officials with the Army Corps of Engineers and South Florida Water Management District have been very helpful and that the permitting process provides rights for the preservation of adjacent property owners. Bob Read, 2724 SW 45 Street, supported the project and didn't believe that the flooding problems were Mr. Posner's responsibility. He thought the development would be good for the neighborhood. James Gagne, 4490 SW 27 Avenue, supported the development. Ms. Basif, SW 27th Avenue, advised that the flooding has become worse since Mr. Posner's development began. Howard Butler, 4700 SW 45 Avenue, explained that the one drain Mr. Posner mentioned is fine, however, the street must be pitched so that the water will run towards the drain or the southwest section of the street will flood. Gary Posner, Treasure Cove Associates, Ltd., explained that the area was a flood area before • he began his development and that he is required to maintain the water on his own property, based on a 100 year flood plan from the South Florida Water Management District. In regards to MINUTES 9 JUNE 11, 2002 CITY OF DANIA BEACH pervious vs. impervious, the decks will be wood decks and the drainage will not be affected. The decks will be built off the ground and water will be retained on the site. Mr. Posner agreed to install another catch basin at the southwest corner as long as the City Commission understands that he has to obtain approval from the South Florida Water Management District. He advised that 45th street has been widened and that the project will be very positive for the neighborhood. Jay Field supported the project as long as the residents are pleased with the development and asked whether the boat slips and dock are involved with the Site Plan. Mr. Leeds advised that the only issue being heard tonight is the variance requests and that the boat slips and docks are part of the Site Plan, which would be addressed by the Planning & Zoning Board on June 19th and the City Commission on June 25th Pamela Elder, 4490 SW 27 Avenue, commended Mr. Posner for the improvements he has made to the area. Hearing no further comments, Mayor Chunn closed the public hearing. Commissioner Bertino confirmed that the wall is going to be a solid masonry wall and that a 16" to 24" footer is required when a 6 foot wall is installed, which guarantees that the water would be retained on the property. Mr. Botek, Craven Thomas & Associates, explained that the grading that is determined by the South Florida Water Management District as well as the concrete wall that will be installed will prevent water from running off site. Mr. Leeds clarified that the wood decks are counted as impervious and not pervious area. Mr. Posner agreed to install another catch basin in the southwest corner of the property where current flooding occurs as long as the South Florida Water Management District allows it. Mr. Posner didn't think there would be any problem as he owns the road easement. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting the Resolution subject to the following: (1) Installation of screen wall as indicated on the current site plan subject to the following: Wall to be setback at least three feet from the sidewalk to allow the planting of a hedge; adding "contrast color" banding on the exterior of the wall. Completion of 6 foot wall within six months from this approval. (2) The following landscape conditions: a) Irrigation Note for 100% overlap coverage, rain sensor, and to minimize the application of water to impervious areas. b) Field adjustment of trees subject to Fire-Rescue Requirements. c) Show wall on landscape plan. d) NOTE ON PLAN: Form footer required for wall adjacent to existing Oak trees. e) Add one callophylum tree at the southwest corner of unit 50. (3) A finding by the Public Works/Utilities Director that the proposed wood decks will not create or add to drainage problems on adjacent properties. • (4) Developer shall install one additional catch basin at the southwest section of the property to address drainage. MINUTES 10 JUNE 11, 2002 CITY OF DANIA BEACH (5) Developer shall be allowed to install a second monument sign at the project entrance with a height of four feet and six square feet in area. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.4 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; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Pato advised that Mr. Kodner had someone attend the last meeting to request a continuance to this meeting and that staff is recommending to move forward with enforcing the Code violations against his property. Laurence Leeds, Growth Management Director, advised that Mr. Kodner had agreed to make improvements to the fagade of the building and to provide drawings of the improvements. • Delays were encountered when Mr. Kodner became very ill and the project is still not complete after 2 years. The issue with the Sign Code is that Mr. Kodner's sign has letters that are 3 feet high and the Sign Code only allows signs with 2.5 feet high letters. Discussion followed on how Mr. Kodner is unwilling to work with the City Commission to resolve the matter. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, continuing the Resolution (SA-102-99) indefinitely and referring the Code violations to the Code Enforcement Board. 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 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino reminded the public that school is out and to drive carefully. 10.2 Commissioner McElyea commended the owners at 195 SE 2"d Avenue for improving the property with the planting of trees. Commissioner McElyea mentioned that the water has risen about a foot at the Meadowbrook Lakes and that the lakes should be pumped down lower. In addition, the catch basins along Dania Beach Boulevard should be vacuumed out. He mentioned that BSO should monitor the one-way alley at SE 12th Avenue and SE 13th Street MINUTES 11 JUNE 11, 2002 CITY OF DANIA BEACH • and cite anyone who is going the wrong way and forcing other drivers to backup. 10.3 Commissioner Mikes mentioned that a letter was received from a Mr. Casper in regards to a landscape strip being installed and a sidewalk being removed by the City. He agreed to supply City Manager Pato with the letter so he could look into whether former City Manager Smith had agreed to the issues. Commissioner McElyea mentioned that the homeowner with the RV is installing the fence as directed. Commissioner Mikes inquired into the legal status of the encroachments connected to the property owned by the City on SW 30th Avenue. City Attorney Ansbro advised that all adjoining property owners were notified of the encroachments and given 30 days to remove fences. City Attorney Ansbro agreed to report back at the June 25th meeting on the encroachments. In regards to the recent article on Mayor Chunn, Commissioner Mikes advised that a commissioner cannot be removed from their seat unless they commit malfeasance or some serious act. Commissioner Mikes stressed the need for elected officials to deal with name calling and rise above political squabbles because these types of issues can make the City look bad. 10.4 Vice-Mayor Flury requested that staff invite the Broward County representatives on the Bond Preservation Program back at the next meeting to be updated on what park property Dania Beach may be able to obtain through program. • Vice-Mayor Flury thought that the article that was written was unfortunate and that she has also been called many names and that you cannot always please your constituents. Vice-Mayor Flury stressed the importance of focusing on the big projects impacting the City such as the upcoming budget, parks improvements, etc. 10.5 Mayor Chunn thanked everyone for their support. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of scheduling a workshop to review downtown business vacancies and Main Street Program. (Commissioner Mikes) Commissioner Mikes recommended scheduling a workshop with Main Street and the Chamber to discuss the vacancies that are occurring in the downtown area to see what could be done to improve the situation. He suggested holding the workshop prior to adoption of the budget. Vice-Mayor Flury stressed the importance of developing a clear vision for the downtown and suggested that Henry Iler, CRA Consultant, might be a good facilitator for the workshop meeting. Commissioner Bertino advised that the CRA is going to take some time and that there may be a need to use some City funds to help the downtown in the interim period. City Manager Pato recommended looking at economic development on a short term and not just the development of the CRA. MINUTES 12 JUNE 11, 2002 CITY OF DANIA BEACH • Commissioner Mikes suggested inviting members of Main Street, Chamber and property owners and tenants from the downtown to the workshop to see what can be done on an interim basis to revitalize the downtown area. He mentioned that there may be events that could be scheduled in connection with the Centennial Celebration that might help the downtown revitalization. The City Commission generally agreed that the workshop meeting should be scheduled sometime in August. 11.2 Discussion of developing a policy for requests for traffic changing devices or road closures, which would involve proper public safety reviews and approvals by a qualified traffic engineer to properly protect the City and its residents. (Commissioner Mikes) Commissioner Mikes recommended establishing a written policy to approve the speed humps and street closures that are being requested of the City. He also mentioned that the City has liability exposure when speed humps are installed and that everyone should go through the same procedures so that no one is given preferential treatment. Vice-Mayor Flury agreed that a written policy should be written and reviewed by the City Attorney to make sure a process is followed. Commissioner Bertino advised that former Public Works Director Bud Palm installed speed humps in accordance with engineering standards that met safety rules and regulations for traffic installations. Commissioner Bertino mentioned that a citizen had requested a speed hump at a regular meeting recently and that establishing a procedure should not delay the installation. City Manager Pato advised that the first question that has to be asked on street closures or speed hump requests is whether or not there is a need. The City does not want to end up with a proliferation of speed humps, which would cause an adverse impact on traffic flow. BSO would have to conduct surveys in advance of the installations. Mr. Pato advised that street closures require a different procedure from the speed humps and that proper notifications have be sent out as well. Vice-Mayor Flury recommended that a time frame be included in the procedures for the installations to be finished. The City continues to have a speeding problem and the addition of one motorcycle policemen is not going to resolve the problem. She mentioned that the traffic monitor device that is used to study speeding does not work because people slow down when they approach and that the City should not underestimate the requests of the residents who live in their communities. Commissioner McElyea mentioned that some cities use CSA employees to write reports when police officers are busy as a way to deal with efficiency. City Manager Pato advised that he would be speaking with Chief Cowart on the use of deputies for school zones and that he would present a procedure for speed humps and street closures at the next meeting. Commissioner Mikes advised that more speeding signs are also needed throughout the City. • 11.3 Discussion of uniform paint finish on newspaper vending racks. (Commissioner Mikes) MINUTES 13 JUNE 11, 2002 CITY OF DANIA BEACH ® Commissioner Mikes mentioned that Hollywood imposed a green paint requirement for newspaper vending racks and requested that the City Attorney prepare an ordinance for the next meeting. 11.4 Discussion of possible cancellation of one of the regular meetings in July. (City Manager Pato) A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, canceling the second regular meeting in July. 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 11.5 Request by staff to schedule a workshop meeting July 8, 2002, at 6:00 p.m. to discuss Water, Sewer and Stormwater Utility Strategic Planning process. (Staff) A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, scheduling a July 8"'workshop meeting at 6:00 p.m. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ® 12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED) 12.1 Appointment of one (1) 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 ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MINUTES 14 JUNE 11, 2002 CITY OF DANIA BEACH ® 12.4 Appointment of five (5) members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.5 Appointment by Commission of one (1) citizen member to General Employees Pension Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBER TO THE "GENERAL EMPLOYEES PENSION BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING JUNE 22, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.6 Appointment of one (1) member to I.T. Parker Community Center Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER COMMUNITY CENTER ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." ® 12.7 Appointment of one (1) 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." 12.8 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." 12.9 Appointment of one (1) member to the Unsafe Structures Board in the position of Architect. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBER IN THE ARCHITECT POSITION ON THE UNSAFE STRUCTURES BOARD; PROVIDING THAT THE MEMBERS SHALL ® SERVE A THREE (3) YEAR TERM ENDING MARCH 2O05; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MINUTES 15 JUNE 11, 2002 CITY OF DANIA BEACH 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato advised that an update would be presented on the shopping cart issue with grocery stores at the next meeting. Harbour Towne Lease- Mr. Pato asked for input from the City Commission on the formula that he presented on the Harbour Towne Lease and advised that the percentage of gross revenue seems to be the way to go. He mentioned that the representatives from Harbour Towne will have to fly in for a meeting so there is a need to resolve the specifics with the City Commission before a meeting is scheduled. Vice-Mayor Flury asked City Manager Pato to verify the numbers on the leases with the tenants at the Harbour Towne in order to determine the lease figures. Commissioner Mikes mentioned the need to find out what Harbour Towne paid Southeast Bank. Discussion followed on Commissioner Mikes and Commissioner Bertino being at the Noise Conference in mid-July and there being a need to set other dates for the Abatement Hearing and budget workshop meetings in July. Commissioner McElyea was pleased to report that the meeting with Joan Kerns, DCOTA, Chamber, and staff members for the Centennial Celebration coming up in 2004 was very informational. • City Manager Pato advised that they discussed the idea of Broward County and the State also getting involved in the City's Centennial event and that Pioneer Days would also be held in Dania Beach in 2004. 13.2 City Attorney Ansbro-no comments 14. ADJOURNMENT This meeting adjourned at 10:40 p.m. R LBERT H. CHUNN, JR. v ' YOR ATTES CHARLENE J SON CITY CLERK Approved: June 25, 2002 • MINUTES 16 JUNE 11, 2002 CITY OF DANIA BEACH