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HomeMy WebLinkAbout1344 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING J U N E 25, 2002 'I. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Pastor Ronald Scott, Restoration Outreach Center 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro . City Manager: Ivan Pato l Acting City Clerk: Miriam Nasser 4. CITIZENS' COMMENTS: 4.1 Rita Brown, 715 W. Dania Beach Boulevard, Executive Director of the Dania ,,,Beach Housing Authority, supported Sophie Steele, a commissioner on the Housing Authority, for her efforts to help the community. She has also worked with other organizations in the city and has helped Turn Around Dania Beach. Ms. Brown advised that the Dania Beach Housing Authority had been scored by the Department of Housing and Urban Development, 97% on public housing, and 96% in Section 8 on the programs that they operate. 4.2 Linda Wolfson, 450 SE 7th Street, read a letter into the record expressing her concerns with the recent newspaper articles relating to racial slurs in the community. Ms. Wolfson mentioned her efforts to help Vice Mayor Flury, Mayor Chunn and Commissioner Mikes get elected and that she had served the community on the Nuisance Abatement Board and Turn Around Dania Beach. She asked everybody to let common sense prevail and thanked the Commissioners for their hard work. The letter was passed out to the Commissioners. 4.3 Jim Cali, former City Commissioer, 401 SE 3rd Street, expressed his support of Mayor Chunn's initiative to solve the problem of racism in the city. He urged the Commission and all of its Advisory Boards and Neighborhood Associations to adopt or reaffirm their Code of Ethics and Non-Discrimination policies. As a retired mayor of Dania Beach, he offered his assistance to the Mayor or any member on the Commission should they ever need it. . Vice-Mayor Flury advised that the City and residents are being hurt by the recent newspaper MINUTES 1 JUNE 25, 2002 CITY OF DANIA BEACH articles. She mentioned that the Human Relations Board would be holding a meeting on July 1st • to discuss the recent events. She urged the board members to pursue unity, encourage better relationships among the residents, and work on resolving the problems in an effort to make the city a better place for all of us to live. Commissioner Mikes was concerned that recent articles were not conveying the proper impression of the people of the City. He mentioned his efforts to support Mayor Chunn in his 2001 campaign and disagreed with Mayor Chunn's actions to attack Turn Around Dania Beach, a group who helped facilitate Dr. Herman Wrice, who passed away while trying to clean up the drugs in the City. Commissioner Mikes was of the opinion that nobody did more to help Dr. Wrice with the implementation of Turn Around Dania Beach than Sophie Steele and that the racial issue is a political maneuver that needs to stop. Commissioner McElyea mentioned that he had known Sophie Steele and Mayor Chunn since childhood and that he marched with both of them in the Turn Around Dania Beach organization. He urged the people of Dania Beach to work together and put the political issue aside. Commissioner Bertino mentioned that some people do say things that they do not mean in the heat of anger and that Bigotry and hatred hurt people. He commented on Sophie Steele's efforts to help get Mayor Chunn elected. Commissioner Bertino stressed the importance of Commissioners doing the job they were elected to do to run the City and he urged everyone to move forward. Mayor Chunn stressed his desire to serve the citizens of Dania Beach. He mentioned his close relationship with Dr. Wrice and his work fighting drug crimes in the City. Mayor Chunn stated • that he was not responsible for the racial slurs and was not pleased that people were being hurt. He stated his intentions to try to deal with the issue so that others who may come behind him would not have to deal with the same problems. Mayor Chunn thanked everyone for their support. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Request by the neighbors on SW 50th Street, between 45th Avenue and 43rd Terrace, to have a block party on July 4th, 2002, from 7:00 PM to 11:00 PM. Laurence Leeds, Growth Management Director explained that the neighborhood is one of the properties annexed into the City in September, 2001 and that 45th Avenue is on the westerly city line, and that the other side is in the City of Hollywood. Mr. Leeds advised that there would be a band in the parking lot and that no fire works would be utilized and that all safety issues were addressed with the petitioner and Fire Marshal Tarmey. Chief Cowart, BSO District 2, was generally supportive of the request and had no safety concerns. A motion was made by Vice Mayor Flury , seconded by Commissioner Bertino, approving the request as submitted. 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 2 JUNE 25, 2002 CITY OF DANIA BEACH • Presentation of inventory acquisition sites under the Broward County Land Preservation Bond Program. Larry Leeds, Growth Management Director, explained that Vice Mayor Flury was concerned about some discussion at the County Commission several weeks ago, regarding the acquisition sites for Dania Beach under the Broward County Land Preservation Bond Program. Mr. Leeds advised that there appears to be a diminishing supply of money available to acquire conservation and preservation parcels throughout Broward County. Scott Park, Broward County Bond Program, was invited to make a presentation and respond to City Commission questions. Director Leeds identified each of the acquisition sites located within the City. Scott Park explained the different phases involved with acquisition, due diligence, exploration, and negotiation of acquisition sites identified by Broward County. Vice Mayor Flury expressed her concerns on the time that it has taken to obtain results with the program and the allocation of the bond money by Broward County. Director Leeds confirmed that parcels 137 and 143, both in the negotiation phase, are pretty significant for Dania Beach. Scott Park reaffirmed that once the parcels are listed, Broward County secures the necessary funds for those sites. Vice Mayor Flury was pleased that Parcels 137 and 143 would be purchased by Broward County and turned over to the City under the program. Mr. Park presented an updated Inventory list of parcels showing the current status of the park and open space lands being considered for Dania Beach under the Land Preservation Bond Program. • a) Presentation by Jay Field, Chairperson of the Airport Advisory Board, on recommendations from the board in regards. to the expansion of the Fort Lauderdale-Hollywood International Airport. Jay Field, Chairperson of the Airport Advisory Board, presented recommendations from the Airport Advisory Board.as provided in the backup and requested that the City Commission consider approval or further discussion of the board's recommendations. Possible adoption of a resolution supporting the Broward County Commission for its action to reconsider the options available in the Master Plan Study for the expansion of the Fort Lauderdale-Hollywood International Airport. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING APPRECIATION TO THE BROWARD COUNTY COMMISSION FOR ITS ACTIONS IN SUPPORT OF THE AIRPORT TASK FORCE'S RECOMMENDATION TO RECONSIDER A REVIEW OF THE AIRPORT EXPANSION OPTIONS AND PROCEED WITH AN UPDATED MASTER PLAN STUDY RELATING TO THE EXPANSION OF THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Field advised that he wrote a letter to Congressman Peter Deutsch's office requesting an official statement on his position that noise impacts 20 years into the future should be considered as part of the EIS Study for the extended runway. Mr. Field recommended that no action be taken until he receives written response from Congressman Deutsch and asked that the Resolution be passed. Mr. Field also pointed out that the Board recommended the establishment of an Airport Contingency Fund through a Letter of Credit to be used on an "as MINUTES 3 JUNE 25, 2002 CITY OF DANIA BEACH needed" basis for airport matters. • A motion was made by Commissioner Bertino , seconded by 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 Discussion followed between the Commission and Mr. Field regarding the possible allocation of money in the budget and whether the Interlocal Agreement should be amended. City Attorney Ansbro advised that the Interlocal Agreement related to a Settlement on litigation that was approved in 1995 and it was his opinion that the current topics being discussed with the EIS do not require an amendment to the Interlocal Agreement. Mr. Field was of the opinion that the parameters of the Interlocal Agreement were altered when a site plan presented by Broward County for the airport included three air carrier runways and then was changed to two parallel runways. Attorney Ansbro stated that new litigation action may need to be considered if it is determined that Broward County and the FAA have proceeded in a way that is adverse to the City's interest. Commissioner Bertino advised that there was stipulation in the Interlocal Agreement that made reference to the City helping Broward County with the runway expansion and a reference that there would be three air carrier routes and that Broward County is changing the rules, which should question the validity of the Interlocal Agreement. Commissioner Mikes explained that there seems to be some confusion between the DRI and the Interlocal Agreement and he requested that City Attorney Ansbro write a memo to the City Commission and Airport Advisory Board clarifying the City's position in the Interlocal Agreement and items dealing with the regulatory nature of the DRI and Interlocal Agreement. Commissioner Mikes mentioned his attendance at the Airport Advisory Board meeting and that he thought the board wanted to be sure that the City is adequately funded in the coming year to be well represented legally and in order for staff to be provided for airport matters. Commissioner Bertino advised that a predicate to the Interlocal Agreement was the de- annexation of some lands and he thought that the City might be able to cast a shadow of legal doubt concerning the de-annexation as a legal strategy. Presentation by Janet Palacino regarding update on parks improvements. City Manager Pato explained that there has been some concern by some members of the Commission regarding the slow progress on some current City projects and that Janet Palacino, President of Designing Construction Solutions, was here to update the Commission on the status of projects. Janet Palacino, President of Designing Construction Solutions, advised that she was hired to oversee and move forward the Frost Park Improvements and the Aquatic Center for Meli Park projects. She advised that the projects had recently been bid and due to some discrepancies in the way the specifications for the project were presented, the process only generated one bidder. The decision was made to re-bid the projects. The main reason that the City only • received one bid was that the pool specifications referenced a sole source distributor in the tri- county area and the other bidders were not willing to bid on the project. The new bid MINUTES 4 JUNE 25, 2002 CITY OF DANIA BEACH documents have included specifications for an equivalent pool (stainless steel pool with a PVC is membrane) and a progress schedule has been provided to staff. If the advertisement is published next week for 2 consecutive weeks and time is provided for the selection process for a Design-Build team, she projected that construction could start the month of October 2002. Commissioner Mikes asked staff to provide an explanation on why the specifications for the projects were presented for a sole source distributor. Randy Wilkinson, Director of Parks and Recreation, explained that he contacted other cities in regards to pools and he obtained information on the "Myrtha" pool (15 year warranty, stainless steel) and included this information in the specifications for the bid documents. Mr. Wilkinson advised that the City may have received more bids the first time around had he only referenced "stainless steel" pools in the bid and not restricted to the distributor "Myrtha". Mr. Wilkinson explained that the other types of pools are concrete and marble and that the marble type has to be resurfaced-every two or three years and that chemicals eat away at concrete. The stainless steel pools seem to be the best type of pool and Mr. Wilkinson was not aware of cost comparisons between the pool types. Mr. Palacino commented on the pool manufacturing information that she has obtained. Vice Mayor Flury expressed her disappointment with the delays in the projects and mentioned that the projects are very significant with the park improvements (resurfacing basketball and tennis courts) at Frost Park and pool installation at Meli Park with the use of grant funds. Ms. Palacino clarified that she has been retained to go through the selection process and manage the Frost Park project. Vice-Mayor Flury asked who was going to manage the Meli Park project as she thought a professional should be hired because these projects are expensive projects. City Manager Pato advised that a decision has not been made and that he would be speaking with Ms. Palacino on the project. • Vice Mayor Flury mentioned that funds were set aside for park improvements in the Capital Improvement Program in last year's budget and that no money has been spent for debt service for a new Club House for Frost Park and Charlie Will Thomas Park. She inquired as to why those projects were not included in the recent RFP project. Mr. Wilkinson explained that an architect has not been selected yet and that specifications have to be prepared. Vice Mayor Flury stressed the fact that this is a high priority for the city and the citizens, and that it should be put on top of the list of priorities. Mr. Wilkinson agreed to take action to move forward with the projects. 6. PROCLAMATIONS- None Items pulled from the Consent Agenda: 7.4, 7.6, 7.7 and 7.8. Items 7.6, 7.7 and 7.8 were addressed prior to the Consent Agenda motion. 7. CONSENT AGENDA (including expenditures): Bills: 7.1 Approval of Bills for the Month of May, 2002. Minutes: 7.2 Approval of Minutes for Regular meeting June 11, 2002. Travel Expenditures- 7.3 a) August 14 -18, 2002 — Mayor Robert H. Chunn, Jr., Commissioners John Bertino MINUTES 5 JUNE 25, 2002 CITY OF DANIA BEACH and Bob Mikes and City Manager Pato attendance at Florida League of Cities ® Conference in Boca Raton. b) June 17-19 — Ratification of travel for Macciano Lewis, Acting Finance Director, for his attendance at Government Finance Officers Annual Association Meeting in Denver, Colorado. c) May 21-25- Ratification of travel for Ivan Pato, City Manager, for his attendance at Florida City County Manager's Association conference in Sarasota, Florida. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR "INSPECTION, PLANS REVIEW BUILDING OFFICIAL AND RELATED SERVICES"; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Ordinances. (ITEM 7.6 WAS PULLED FROM THE CONSENT AGENDA BUT WAS NOT DISCUSSED) 7.6 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; i PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving the Consent Agenda with the exception of Items 7.4, 7.7 and 7.8. 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: ITEM 7.4 WAS HEARD AFTER ITEM 7.8. 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE'S (BJA) 2002 LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM, FOR THE AMOUNT OF $55,407.00, FURTHER AUTHORIZING THE CITY MANAGER TO REQUEST MATCHING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $6,156.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested further information from staff on the resolution. • Bonnie Temchuk, Assistant to the City Manager, explained that Local Law Enforcement Block MINUTES 6 JUNE 25, 2002 CITY OF DANIA BEACH Grant funds are allocated to cities based on the crime ratio in the cities. The City of Dania Beach has been allocated $55,407.00 this year and the City must match the amount with the amount of $6,156.00, which would be requested from the Law Enforcement Trust Fund. Once the Commission has approved the application, it will be submitted to the U.S. Department of Justice and then the City will receive a set of rules for establishing an Advisory Board , holding a meeting, and deciding how the grant funds would be spent. In the past, the funds have been used for projects such as the Dania Center for Success, enhancement of security projects, and demolition of buildings. City Manager Pato explained that the grant funds will allow the City to retain more of the Vehicle Impoundment Funds for other purposes. He explained that in March of this year the City was sent a letter from the Department of Justice demanding the return of $81,819.00, which was a result of a lack of follow up and follow through on previous grants. He mentioned that staff devoted extensive time locating proof that was required so that current grant funds that were received from U.S. Department of Justice did not have to be returned It was also discovered during this research process that the 2001-2003 Grant opportunities were never received by the City. Ms. Temchuk advised that the grant runs on a two-year cycle and the City is eligible for the grant each year, and if the City does not spend the money within the two-year period, the money must be returned with interest. City Manager Pato thanked Ms. Temchuk and the rest of the staff involved in the process for their hard work. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes ® Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ITEM 8.1 WAS HEARD AFTER ITEM 7.4. ITEM 7.7 AND 7.8 WERE HEARD BEFORE THE CONSENT AGENDA MOTION. 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; AMENDING CHAPTER 22 BY CREATING ARTICLE V ENTITLED CABLE TELEVISION AND OPEN VIDEO SYSTEMS; PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION AND OPEN VIDEO SYSTEMS THAT USE THE CITY'S RIGHTS-OF-WAY; PROVIDING DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR THE GRANT OF FRANCHISES; PROVIDING FOR MINIMUM FACILITIES; PROVIDING APPLICATION PROCEDURES; PROVIDING FOR CUSTOMER SERVICE STANDARDS; PROVIDING FOR ENFORCEMENT AND ADMINISTRATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Attorney Gary Resnick, Weiss, Serota, et al, explained that the City Commission had discussed this Ordinance at a Workshop several months ago, which was based on ordinances from other cities within the past two years. The Ordinance provides provisions for the use of the city's rights of way, insurance, indemnification, and consumer protection standards. Further comments were presented on the cable company's response to customers' complaints and stringent enforcement mechanisms provided for the City in the event the cable company does not comply ® with the statements in the ordinance. MINUTES 7 JUNE 25, 2002 CITY OF DANIA BEACH Commissioner Mikes inquired as to the time frame for implementation of the community channel ® services that would provide the transmission of Dania, Beach Commission Meetings for the newly annexed areas. Mr.Taunk, A T & T Broadband, advised that a reconfiguration of the proposed area would be necessary and that the service would be included with the upgrade of the cable system that is expected to be completed within 2 years. As an alternative, Mr. Taunk suggested having the community channel service replayed on a delay basis for those areas that are not currently receiving live transmission. He mentioned that AT&T plans to provide a dedicated channel for all areas instead of a share channel during the upgrade period. Commissioner Bertino inquired as to whether residents would have access to the government channel. Mr. Taunk commented on the need for residents to subscribe to the cable services and explained some technical aspects that might restrict some cable service programming. Commissioner Bertino inquired as to whether the Ordinance provides authority for the City to determine where cable lines would be installed in rights-of-ways. Attorney Resnick advised that the cable provider is required to obtain permits, which provides the City the ability to determine where the lines would be installed and clarified that the City does not have any legal authority over Direct TV and Satellite companies and the City cannot mandate that they carry government access programming. Commissioner Mikes mentioned that one of his constituents was having problems trying to watch local and PBS channels. Mr. Taunk was unable to respond at this time to the service difficulties mentioned by Commissioner Mikes, however, he agreed to look into the matter. Attorney Resnick advised that a refund policy is covered in the ordinance and that the City has the ability to enforce the FCC standards in regards to testing the cable system. In addition, the City may have an inspector on site at the time of the testing to ensure that there are no violations in accordance with the agreement. Attorney Resnick was hopeful that the Ordinance would improve cable service for the City. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, adopting the Ordinance on first reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 7.8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A PCS SITE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SPRINT SPECTRUM, L.P. PERTAINING TO THE PLACEMENT OF A PERSONAL COMMUNICATIONS SERVICE SYSTEM FACILITY ON A PARCEL OF LAND LOCATED AND OWNED BY THE CITY OF DANIA BEACH AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBITS TO THE AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE PCS SITE AGREEMENT; PROVIDING FOR REVISIONS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Attorney Gary Resnick, Weiss, Serota et al, advised that Sprint Spectrum, L.P.. has been • researching the possibility of leasing 600 sq. feet of the parking lot area at City Hall or the Fire Station #1 property to construct a 97' tower in the form of a light pole. The equipment would be MINUTES 8 JUNE 25, 2002 CITY OF DANIA BEACH installed within a fenced and secured area. he added that if the City so desires, they can make it a flag pole. The tower will accommodate two additional carriers. the length of the lease is 20 years, the annual rent Sprint will pay would be $24,000 with the 5% increase per year. They have agreed to reimburse the City $17,500 to cover the costs associated with the application and they will also contribute $5,000 to the City's Landscape Trust Fund. Commissioner McElyea asked City Attorney Ansbro to update the City Commission on the legal research of the City Hall and Fire Station properties. City Attorney Ansbro advised that he has been unable to find any real state records showing a Restrictive Covenant for either property. Further discussion followed among Commissioner McElyea, Vice Mayor Flury and the City Attorney regarding the terms established in the Ordinance. Vice Mayor Flury was concerned with the time it has taken to address the Sprint lease and the amount of legal fees incurred. A motion was made by Vice Mayor Flury to approve the Ordinance on first reading. The motion died for lack of a second. Commissioner Bertino suggested adopting the Ordinance on first reading tonight and allow City Attorney Ansbro to revisit the property issues in more detail prior to the second reading so that the Commission could have a higher level of confidence in the contents of the Ordinance. Under the 1996 Telecommunications Act, Attorney Resnick clarified that the City must take action one ,way or the other on the Sprint lease request. He advised that should the City Commission deny the request that the City send a letter to Sprint outlining the reasons for denial. • Commissioner Mikes recommended that Sprint provide a rendering showing the landscaping improvements with a flag pole by the second reading of the Ordinance. Commissioner McElyea pointed out that the City should consider purchasing the nine (9) lots south of City Hall, owned by Jean Cook, on a finance plan as an alternative site for the Sprint tower in order to preserve the historical aspects of the City Hall or Fire Station properties. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on first reading. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-yes Commissioner Mikes-yes Commissioner Bertino suggested that Sprint might want to consider constructing a building with the proper fagade to fit the area near Fire Station #1 along with a large American flag and to discuss the design motif for the area with City Manager Pato. THE CONSENT AGENDA ITEMS AND ITEM 7.4 WERE HEARD AFTER ITEM 7.8. ITEM 8.1 WAS HEARD AFTER ITEM 7.4. 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Staff recommendation on Bid award for the Conversion of a Multi-Family Dwelling into a • BSO Substation at 803 NW 1st Street. MINUTES 9 JUNE 25, 2002 CITY OF DANIA BEACH t • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING THE BID FOR THE CONVERSION OF A MULTI-FAMILY DWELLING TO A BSO SUBSTATION/COMMUNITY CENTER LOCATED AT 803 NW 1ST STREET TO COASTAL CONTRACTING AND DEVELOPMENT, INC. IN THE AMOUNT OF THREE HUNDRED TWENTY-NINE THOUSAND EIGHT HUNDRED DOLLARS ($329,800.00); AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Pato explained that two years ago it was estimated, in good faith, that to complete the 803 Project the cost would be approximately $250,000.00. Additional items have been added to the project, such as the Community Center, involving the re-design of the roof, which have raised the cost of the project to $329,800.00. Ken Koch, Building Official, explained that the design of the building has added substantial cost to the project. Vice Mayor Flury expressed a desire to move forward with the project, which has been dragging for some time. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes • Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA DECLARING THE DANIA BEACH CITY COMMISSION TO BE 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.(SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Laurence Leeds, Growth Management Director, explained that this is a formality required as part of establishing the Community Redevelopment Plan. A motion was made by Commissioner Bertino, seconded by 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 • MINUTES 10 JUNE 25, 2002 CITY OF DANIA BEACH 9.2 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. (SECOND READING) Attorney Gary Resnick, Weiss, Serota et al, explained that this is the second reading of this Ordinance approving the Change of Control of the cable television franchise from AT&T Corp. to AT&T Comcast Corporation. He further said that there are two franchises of which AT&T is currently the parent company in the city; one held by Community Cable Television and the other by Media One of Eastern Michigan, Inc. Attorney Resnick explained that under this type of transaction, AT&T needs the City's consent to transfer control of the Community franchise. He added that AT&T has agreed to certain conditions as part of the transfer, which include: the written acceptance by Community Cable that it will comply with all the requirements of the Ordinance and agreement; the written acceptance by AT&T Comcast that it will use its best efforts to ensure that Community Cable complies with the terms of the agreement. Community Cable, the company subject to the consent of the City, has agreed to pay the City the amount of $50,000 for the purchase and installation of equipment in the Commission Chambers to support cable casting of City Commission meetings; and it also includes a Liquidated Damages penalty if they do not comply with the franchise agreement. The Community Cable Franchise is currently in the process of renewal and is under a short-term extension expiring the end of September. Attorney Resnick advised that further negotiations are ongoing with Community Cable on the renewal of the franchise agreement and that the franchise agreement would be brought back to the City Commission for approval. He clarified that the Change of Control Agreement only covers approximately 1200 homes in the newly annexed area. Attorney Resnick advised that AT&T has agreed to negotiate the possibility of including the entire city in the new franchise agreement if the City Commission approves the proposed Change of Control Agreement and to extend the franchise agreement from 2008 to 2014. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, 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 City Attorney Ansbro explained that the following items, 9.3, 9.4 and 9.5 were Quasi Judicial matters 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 Items. 9.3 a) 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 MINUTES 11 JUNE 25, 2002 CITY OF DANIA BEACH 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. (SECOND READING) b) SP-12-02- a Site Plan request for the proposed construction of a 175,000 square foot office/warehouse/distribution center consisting of four buildings for property located at the southeast corner of State Road 84 and SW 30th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ANTONIO J. CABRERA, MANAGER OF THE EPOCH CORPORATION, LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 84 AND SW 30TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS,- FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that this was a rezoning from Broward County B-3 (Commercial) and S-2 (Open Space) to Broward County B-3. The applicant intends to fill in an existing lake and use it as part of their development. At the last Commission meeting there was a presentation of the proposed construction of a 175,000 square foot of office/warehouse/distribution center consisting of four buildings that will be constructed in phases. Even though the zoning is B-3, the Growth Management Department worked with the applicant who voluntarily agreed to deed-restrict the property so that the use will be established in accordance with the IROM/IROC Zoning. The whole building will have the • appearance of an office building and the rezoning meets the intent and objectives that were approved by the City Commission in August 2000 with the rezoning of all the industrial properties to IROM. The applicant has explained that unfortunately due to financing reasons they cannot rezone it to IROM, but they have voluntarily agreed to deed restrictions specifically excluding certain uses that may not be appropriate. Mr. Leeds further said he is satisfied with the rezoning. In regards to the Site Plan request, Mr. Leeds explained that it meets all site plan requirements, and that the Growth Management Department is satisfied with the development and that the Planning and Zoning Board recommended approval subject to applicant's compliance with staff landscape comments and parking restrictions. Margaret Croxton, representing Marina Mile Business Park, advised that Antonio Cabrera is out of the country and was unable to attend tonight's meeting. She added that the project is expected to be a three year build out, and that residents seem to be supportive of the project. Further discussion followed between members of the Commission and Director Leeds regarding the exclusion of certain types of uses. It was explained that the applicant cannot rezone to IROM/IROC because half the property is Broward County B-3 and there is an expectation that the front and back of the property should be consistent with B-3 zoning. Attorney Leila Batties, Law Firm of Akerman Senterfitt; explained that the Declaration of Restrictive Covenants allows for certain modifications that would have to come back to the City Commission in the event that there is a change in the ownership. Commissioner Bertino asked whether the City would be struck with the conditions that may be MINUTES 12 JUNE 25, 2002 CITY OF DANIA BEACH placed on the zoning. Attorney Ansbro advised that there is a provision in the Covenant for • changes and that it would be entirely up to the Commission. Attorney Batties added that the Covenant would be recorded in the Public Records prior to the issuance of any building permits and that the lender would have to sign the Declaration of Restrictions as well as any modifications. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting the Ordinance on second reading (Item 9.3 a) with the condition that the rezoning will comply with the intent of the IROM Zoning. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution (Item 9.3 b). 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 a) VA-22-02- The following Variances are requested by Gunster, Yoakley & Stewart, P.A., representing Finvarb Hospitality, Inc. (Courtyard by Marriott) for the • construction of a 174 room hotel, for property located north of the Bass Pro Shops 200- 220 Gulfstream Way and the IGFA Museum, 230 Gulfstream Way, Dania Beach, Florida. 1) Variance from Section 6.21 of the Zoning Code to construct a hotel with 0.75 parking spaces per room (required parking is based upon 1.5 spaces per each room or suite for the first 25 rooms or suites plus 1.1 spaces per room or suite for each room or suite above 25 rooms). 2) Variance from Section 29.10 of the Zoning Code to construct a hotel with approximately 18% pervious area (30% required). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GUNSTER, YOAKLEY & STEWART, P.A., REPRESENTING FINVARB HOSPITALITY, INC. (COURTYARD BY MARRIOTT), FROM CHAPTER 28, ZONING, FOR PROPERTY LOCATED NORTH OF THE BASS PRO SHOPS 200-220 GULFSTREAM WAY AND THE IGFA MUSEUM 230 GULFSTREAM WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) SP-23-02 — A Site Plan request by Gunster, Yoakley & Stewart, P.A., representing Finvarb Hospitality, Inc. (Courtyard by Marriott) for the construction of a 174 room hotel, for property located north of the Bass Pro Shops 200-220 Gulfstream Way and the IGFA Museum, 230 Gulfstream Way, Dania Beach, Florida. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GUNSTER, YOAKLEY & STEWART, P.A., • REPRESENTING FINVARB HOSPITALITY, INC. (COURTYARD BY MARRIOTT), FOR MINUTES 13 JUNE 25, 2002 CITY OF DANIA BEACH PROPERTY LOCATED NORTH OF THE BASS PRO SHOPS 200-220 GULFSTREAM • WAY AND THE IGFA MUSEUM 230 GULFSTREAM WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Growth Management, advised that the project is unique with a proposed six-story building with 174 rooms and that the property is zoned IROC. Mr. Leeds advised that he supports the project subject to the conditions outlined in his staff memorandum. Attorney Courtney Callahan, representing Finvarb Hospitality, Inc., advised that the location is very goof for a Marriott hotel and that the developer, Finvarb Hospitality, Inc., just finished a Courtyard by Marriott in South Beach. Regarding the site plan, she explained that for some months they have been working with City staff as well as with other property owners in the area to coordinate the architecture of the hotel to compliment the Bass Pro, IGFA and Tri-Rail styles and that they have tried to make the landscaping appearance consistent with Bass Pro. She advised that they have been working with Mike Sheridan, Public Works Director, in connection with the master drainage system. Commissioner Bertino asked Director Leeds to explained the parking space requirements established in the Code. Mr. Leeds explained that recently the parking spaces were increased from 1.1 to 1.5 for the first 25 rooms, and that this was done to address the issue of small motels in old Dania. For this type of hotel the actual parking requirement is 1.1. Commissioner Mikes was concerned about the landscaping to which Director Leeds said that the developer has been asked to increase the number of Palm trees to be compatible with the other properties in the area. Further discussion followed among the Commission, Ms. Callahan and the landscaping architect, John Schmidt, as to the type of trees that would be more appropriate for the area and also as to the name of Dania Beach being shown on the advertisements for the hotel. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution (VA-22-02).The motion passed on the following 5/0 roll call vote with the following conditions: -$5,000 contribution to the City's Tree Fund (for trees to be placed around the lake). -Substitution of two (2) Gumbo Limbo trees with two (2) Live Oak trees. - Michael Sheridan, Public Works/Utilities Director, shall approve the final drainage calculations for the site. -The name of Dania Beach to be shown wherever the geographic location of the hotel appears. -The project shall include landscaping similar to the roadway treatments at Bass Pro Outdoor World. Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution (SP-23-02) with the following conditions: -$5,000 contribution to the City's Tree Fund (for trees to be placed around the lake). • -Substitution of two (2) Gumbo Limbo trees with two (2) Live Oak trees. - Michael Sheridan, Public Works/Utilities Director, shall approve the final drainage calculations MINUTES 14 JUNE 25, 2002 CITY OF DANIA BEACH for the site. -The name of Dania Beach to be shown wherever the geographic location of the hotel appears. -The project shall include landscaping similar to the roadway treatments at Bass Pro Outdoor World. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.5 SP-13-02 — A Site Plan request by Gary Posner, Treasure Cove Associates, Ltd., for a revised Boat Slip Site Plan for property located at SW 45th Street and SW 27th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GARY POSNER, OWNER, TREASURE COVE ASSOCIATES, LTD, FOR PROPERTY LOCATED AT SW 45T" STREET AND SW 27T" AVENUE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Growth Management explained that on June 11, 2002, the City Commission approved the variances relative to construction of screened-in-wood decks along the west lot line including required setback and pervious area variances. The City Commission approved the variances subject to conditions, including the installation of masonry wall along SW 45th Street and SW 27th Avenue and provisions for additional drainage. The applicant has now submitted a request for a site plan for the construction of new boat slips (and reconfiguration of existing boat slips). Mr. Leeds further said that the Planning and Zoning Board has approved this request subject to the following conditions: - Resolution of property ownership issues prior to the issuance of dock building permits. - Owner occupants cannot rent out docks - Renter occupants cannot rent out (sub lease) docks Discussion followed among members of the Commission and Mr. Leeds, regarding the assurances that building permits will not be issued until the litigation in process is resolved in court; the fact that there will be an association with its own by-laws which will make sure the docks will not be used as a revenue source, but as an accessory use to each townhouse. Mr. Leeds explained that renter occupants in the development can use the dock space for their own boat or a friend's boat, however, they cannot rent or lease dock space to others as the City wants to avoid a commercial marina use. Commissioner Bertino asked City Attorney Ansbro if it would not be more prudent for the City to approve the site plan request, excluding the dock space area involved in litigation. Mayor Chunn asked Ms. Gottlieb if she was in agreement with what the Commission was suggesting and Ms. Gottlieb advised that she understood. The applicant, Gary Posner, advised that the association will be established and that a deed restriction will be recorded prohibiting commercial marina use. Attorney George Minsky, explained some aspects of the legal dispute between Mr. Posner and MINUTES 15 JUNE 25, 2002 CITY OF DANIA BEACH G Ms. Karen Gottlieb involving a Quiet Title Action filed in 1995 and ownership matters involved with the property. Vice Mayor Flury advised Attorney Minsky that the litigation is not for the City Commission to deal with and that the two parties must resolve the matter in court. City Attorney Ansbro advised that Ms. Gottlieb is represented by Attorney Jim Brady and that both parties have agreed that Mr. Posner would not build into any area that might impact Ms. Gottlieb's rights that she may end up with as a result of the court case. Mayor Chunn opened the public hearing. Bob Reagan, 2724 SW 45 Street, was concerned that the project may not be completed like the original Treasure Cove and asked whether there are any guarantees. He advised that he had lived in the Treasure Cove development for eleven years and was concerned that the project will be finished because he believes the project will be good for the community. Commissioner Bertino clarified that the litigation should only impact one boat slip owned by Ms. Gottlieb. Peter Quinn, 4487 Treasure Cove Drive, recommended approval and expressed his hope that the litigation would be settled because the project would be good for the community. George Hasco, 4400 SW 27 Avenue, expressed his concerns about the landscaping along 27th Avenue down to the canal, the opening at the end of the seawall near his property line, the length of the docks, and drainage in the area. Mr. Hasco estimated the open space to be around 18 feet at the end of the seawall. Director Leeds explained that the seawall at the end of the road on 27th Avenue is controlled by the City and is not part of Mr. Posner's development. Mr. Leeds explained the proposed landscaping and wall that would be installed by Mr. Posner and clarified that the wall will end right at the seawall. Mr. Leeds agreed to look into the City's responsibility with the seawall and the length that the docks may be extended with the Army Corps of Engineers and other permitting agencies. Mr. Leeds advised that the Code provides that the docks can extend 10% into the canal or 25 feet and advised that the developer still has to get the approval of several entities before he can get a building permit. Dick Fisher, 4481 Treasure Cove Drive, was hopeful that the boat speeding would be controlled better with the development completed. Jeannie Valetti, 4483 Treasure Cove Drive, was in support of the project and asked that a "No Wake" zone be provided to control the boat traffic in the area. James Gagni, 4490 SW 27 Avenue, clarified that there is one dock, however, there are several boat slips involved with the dock and he was dissatisfied with holding up the permits on all of the docks. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting the resolution (SP-13-02) approving the boat slip Site .Plan with the stipulation that boat dock construction be limited to the area east of Ms. Gottlieb's unit and that building permits are not to be issued for docks west of Ms. Gottlieb's unit until the litigation between Mr. Posner and Ms. Gottlieb is resolved and with the Planning and Zoning Board conditions as follows: Owner occupants cannot rent out docks Renter occupants cannot rent out (sub lease) docks MINUTES 16 JUNE 25, 2002 CITY OF DANIA BEACH The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned that the Code provides that a building on Federal Highway has to be destroyed in an amount of 75% or greater before it must comply with current Code requirements and if it is destroyed 25% or less, the building could be re-built on the same floor configuration. Commissioner Bertino felt that the amount should be changed to 50% instead of 75% and require modern setbacks and such. Vice-Mayor Flury clarified that all plumbing and electrical must be brought up to code requirements. Mr. Leeds advised that the requirements is under the Zoning Code and that Building Code requirements are different. Under the IROM, the figure was reduced to 65%. Commissioner Mikes asked whether the City is under regional requirements for Zoning issues. Mr. Leeds discussed the pros and cons of the change and requested that City Attorney Ansbro prepare the Ordinance amendment to the Variance process. 10.2 Commissioner McElyea thanked the City Clerk's Office for providing calendars on the dais. Commissioner McElyea mentioned that Speeding and Stop signs are hidden on many streets in the City and that the flooding in the southeast section was quite heavy from the recent rains. He pointed out that grass cuttings clog up the drains and that the catch basins along Dania Beach Boulevard should be vacuumed out every two weeks. He asked staff to look into whether there is an Ordinance requiring gardeners to bag the grass. 10.3 Commissioner Mikes mentioned the need for Public Works to work with Broward County on monitoring the hedge materials and landscaping on Griffin Road along the median and wall and to ensure that the plants are fertilized. Commissioner Mikes asked the City Manager to provide a current staffing Organizational Chart and a Chart from five years ago for comparison with the Budget that is being distributed on Friday. Commissioner Mikes asked that the City Clerk ensure that the Candidate packets include notification that the City now has a $250.00 limit on the campaign amounts. He mentioned that Fort Lauderdale got credit for the Campaign Ordinance recently in the paper even though he was responsible for getting it from Sarasota and having it adopted in the City way before Fort Lauderdale. He asked City Attorney Ansbro to update the Ordinance on lobbyists registration with new requirements. 10.4 Vice-Mayor Flury pointed out that the water deposits have been returned to the residents and that the money has been held as a liability and that the action reduced a liability and not an asset. MINUTES 17 JUNE 25, 2002 CITY OF DANIA BEACH Vice-Mayor Flury recommended that homeowners association who may have plans for traffic calming devices notify the City Manager so that the City Commission can address these things at budget time. She recommended that the City Commission develop a Legislative Agenda and meet with legislators to determine if there are any monies available to the City and to pursue building possibilities for a free-standing library and a new post office. She asked that a meeting be schedule in the near future. 10.5 Mayor Chunn advised that July 13 and July 27 BSO will be holding softball games against the FBI for fundraising purposes for children and that the Fire Department will be holding a Fish Fry at the Nyberg Swanson House on July 20. He advised that Habitat for Humanity programs are progressing in the City. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Update from City Attorney Ansbro on encroachments for City property located on SW 30th Avenue. (City Attorney) City Attorney Ansbro advised that polite notices were sent out to some 30 families that may have fences or swimming pools encroaching on City property near the proposed Fire Station #93 site. Surveys will be conducted to ensure that the encroachments are resolved and programs will be provided to resolve encroachment issues and protect the City's interests. 11.2 Update from City Manager Pato on shopping cart issue with grocery stores. (City Manager) City Manager Pato explained that Mike Sheridan, Public Works/Utilities Director, will report on Items 11.2, 11.3 and 11.4. Mike Sheridan, Public Works/Utilities Director, advised that the City adopted a Shopping Cart Ordinance which provides for Publix and Winn Dixie to submit a Retrieval and Retention Program for carts. Mr. Sheridan advised that the City must officially notify the grocery stores that their programs are acceptable and that the City is beginning to log the shopping cart issue and notify the stores. The stores will be notified to pick up the carts at the location within 24 hours, thereby, reducing the City's involvement. The stores have agreed to pick up the carts. If the stores do not comply, the City will revisit the matter. 11.3 Update from Michael Sheridan, Public Works/Utilities Director, on speed humps and street closure procedures and current status of installations on SE 4" Avenue/Dixie Highway. (Staff) Michael Sheridan, Public Works/Utilities Director, advised that other cities are being contacted in regards to procedures or Ordinances they may have relating to speed humps and street closures. In the meantime, he presented a five step procedure to deal with the issues until something more permanent can be established. Mr. Sheridan advised that Chen & Associates is working with Calvin, Giordano & Associates on . conducting surveys for the street closures on SE 4th and that Chen & Associates is able to piggy MINUTES 18 JUNE 25, 2002 CITY OF DANIA BEACH back off of Fort Lauderdale's contract to complete the work. • 11.4 Discussion of increasing the service fee to customers who require a re-establishment of water service after 5:00 p.m. (Staff) Michael Sheridan, Public Works/Utilities Director, advised of the extensive overtime costs associated with paying employees to go back out after 5:00 p.m. to turn on water that has been shut-off for those customers who are delinquent on payment of water bills. He recommended establishing a $75 charge to be imposed on those customers who demand to have their water turned on after 5:00 p.m. and who do not wait for the following work day for the water service to be turned back on. Mr. Sheridan clarified that no changes would be made to the current $25.00 daily fee and that an Ordinance amendment would be required for the increase to $75. The City Commission generally agreed with establishing the $75 charge ands to have City Attorney Ansbro prepare the Ordinance for next meeting. 11.5 Discussion of an increase in service charge for repair work required of City employees when damage is caused by outside parties. (Staff) Michael Sheridan, Public Works/Utilities Director, recommended that the City recover some costs associated with paying City employees to make repairs for unintentional damage caused by residents or parties who elects to have the City perform the repair work in lieu of obtaining a private contractor. Mr. Sheridan advised that the man-hour charge fees is not set by Code; currently the City charges a rate of $15.00 per man-hour. This is inconsistent with the cost incurred and Mr. Sheridan recommended increasing the charge to $35 per man-hour. Discussion followed on costs to use equipment being charged at a different rate. The City Commission generally agreed with the increase in charge and to approve the change by resolution at the next meeting. 11.6 Discussion of speeding enforcement in the City. (Chief Cowart, BSO) Bryan Cowart, BSO Chief, advised that he had reviewed citations between 1999-2001 and that 25% more traffic citations were issued between that time and that citations are down the first five months of this year. Discussion followed on the City's speed limit being 30 MPH and the confusion caused to drivers. Chief Cowart explained BSO's methods of dealing with speeding in the City and its use of the smart cart traffic enforcement device. Commissioner Bertino recommended the use of a hidden device to detect actual speeds without people's knowledge in order to have a better picture of speeding because people automatically slow down when approaching the smart cart traffic enforcement device. Chief Cowart advised that he is reviewing the visibility of speeding signs throughout the City and that a Deputy has been assigned to study speeding throughout the City and that positive steps are being taken to deal with the problem. Chief Cowart advised that the motorcycle officer was hired in April and was assigned to traffic enforcement, however, the motorcycle for the deputy has not yet been received from the contractor. 12. APPOINTMENTS: MINUTES 19 JUNE 25, 2002 CITY OF DANIA BEACH 12.1"'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." 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." Vice-Mayor Flury recommended the reappointment of Myrtle Corbin to the General Employees Pension Board. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, reappointing Myrtle Corbin to the General Employees Pension Board for a two-year term. 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 20 JUNE 25, 2002 CITY OF DANIA BEACH In regards to the Human Relations Board, Vice Mayor Flury explained that since member Margaret Smart is now leaving town, she would like to appoint Roy Davenport to complete her unexpired term on the board. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, appointing Roy Davenport to replace Margaret Smart on the Human Relations 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 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." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager—July 8, 2002 —Workshop Meeting • July 9, 2002 — Regular Meeting MINUTES 21 JUNE 25, 2002 CITY OF DANIA BEACH July 31, 2002- Budget Workshop & Special Meeting is City Manager Pato reminded everyone about scheduled meetings. Laurence Leeds, Growth Management Director, explained that power plants are approved in most Industrial and Commercial Zoning Districts and that the Broward County Commission recently took action to limit the zoning areas that allow power plants to be built or existing plants from being expanded. Mr. Leeds advised that the FPL Power Plant (FPL Fort Lauderdale Plant located in Dania Beach), lying east of the New River and Davis Isles, may have plans to expand the plant into the 300 acre area on the site. FPL feels that they have a right to expand in the area by changing the land use to an Electrical Generating Facility. Mr. Leeds was concerned that the power plant expansion would create more noise and environmental concerns for the residential communities to the south and that the City may be restricted legally. Discussion followed on the M-1 and M-2 zoning designations being changed once the Land Use Plan is amended, which is currently in process with the State. He advised that he would like to make amendments to the zoning designation to provide protections for the City and that he would be contacting Davie and Hollywood on the proposed FPL expansion. Vice Mayor Flury asked why the Abatement Hearing meeting originally scheduled for July 10th was cancelled. City Manager Pato explained that Director Leeds would not be able to attend the meeting and that it would be scheduled in August. Vice Mayor Flury stressed the importance of going forward with meetings that are scheduled with the City Commission because of the inconvenience caused to citizens who need to attend the meetings and that staff should not be canceling Commission meetings. Michael Sheridan, Public Works/Utilities Director, advised that Connie Falzone, Administrative Assistant for the department, had already sent out notices scheduling petitioners for the July 10th Abatement meeting. 13.2 City Attorney- No comments. This meeting adjourned at 11:16 p.m. a4A4, *ORt H. CHUNN, MAYOR T T: CHARLENE JOIOSON CITY CLERK Approved: August 13, 2002 • MINUTES 22 JUNE 25, 2002 CITY OF DANIA BEACH