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HomeMy WebLinkAbout1346 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING J U LY 9, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Pastor Gary Culbertson, Griffin Road Baptist Church 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Reverend Margaret Smart advised that she had moved from the City and is now living on a 70-foot houseboat. She extended her thanks to Vice Mayor Pat Flury and John Etling, former City Commissioner, for appointing her to serve on the Human Relations Board over the past few years. 4.2 Michael Owen Sartin, 746 Southwest Third Street, presented a letter to the City Commission proposing an Ordinance for consideration establishing a "Policy of Respectful Treatment of All Persons" as a result of the recent events relating to the use of racial slurs. 4.3 Bob Adams, Chairman of the Human Relations Board, advised that on July 1st the Human Relations Board made the following two recommendations to the City Commission in dealing with the racial slur comments made against Mayor Chunn recently: (1) The Human Relations Board is asking that the Commission invite any and all parties that have witnessed individuals making racial comments against Mayor Chunn to MINUTES 1 JULY 9, 2002 CITY OF DANIA BEACH come forward in a public meeting to be heard. Individuals who do not wish to come • forward publicly may submit eye-witness accounts of the allegations in writing to the Commission; (2) Additionally, the Board is asking that the parties involved in the allegations be temporarily removed from their positions on City Boards, pending the result of an investigation of the complaints. The investigation would be handled by the Human Relations Board. Mr. Adams requested that the recommendations be set in motion tonight and that Mr. Sartin's recommendations also be included. Mr. Adams presented additional statements clarifying that he has no political motives in this matter nor is he running for City Commission in the upcoming 2003 elections. Commissioner Mikes mentioned that the situation is being inflamed by the articles written in the Sun Sentinel and Miami Herald and that the City Commission has no proof of any criminal activity. He was of the opinion that the situation is being set up for political reasons to support Bobbie Grace in the next election and stressed the importance of having an unbiased Chairperson sitting on the Human Relations Board. Commissioner Mikes stated that Bobbie Grace hurt the City when she voted in support of the Airport Interlocal Agreement on the expansion of the south runway while serving on the City Commission in 1995. He stated that Beulah Lair and Sophie Steele were good citizens who have done good things for the City for many years. 4.4 Veta Mae Peterman was of the opinion that anyone making racial slurs is insecure and that they need to put people down to build themselves up. She commented on her own past political aspirations and experience in the City and urged the City Commission to take action to deal with the matter by removing persons from City boards who are making racial slurs against anyone. 4.5 Merita Mitchell was of the opinion that there is too much "he say" "she say" comments being made, which only stirs up trouble in the City. Ms. Mitchell stated that Sophie Steele is not a racist, but, rather, a generous person who has contributed her time and money to help all people in the City and to fights against the drug problems by serving on the Turn Around Dania Beach organization. Commissioner McElyea advised the public that Sophie Steele's brother had been in an auto accident today and was in intensive care tonight at the hospital. 4.6 Ralph Eddy advised that there are many rumors being spread in the community and he blamed Mayor Chunn for blowing the issue out of proportion. He presented an example of his own experience at the grocery store recently when two black women and one black man began calling each other the "N" word and pointed out that black people call white people names all of the time. Mr. Eddy mentioned how Mayor Chunn had been quoted recently in the newspaper with a statement about "his people" and Mr. Eddy asked for clarification from Mayor Chunn on what the statement meant since he had worked very hard to help Mayor Chunn get into office to serve all the people in the City. MINUTES 2 JULY 9, 2002 CITY OF DANIA BEACH • Mayor Chunn stated that the quote in the newspaper related to when he was asked not to accept the Mayor appointment. Mayor Chunn stated that he carefully considered who would be hurt the most by his not accepting the position and that he concluded it would have been the black community, which was why he refused to step down. 4.7 Mr. Henderson came forward to explain that the "N" word is such a sensitive issue when used by white people towards blacks because of the teachings resulting from slavery over many generations. Mr. Henderson advised that when blacks use the word towards each other it does not carry the same weight. Mr. Henderson felt that the City of Dania Beach has an opportunity to set a pace and lead in many diverse issues impacting communities throughout the country. He urged the City Commission to implement a mechanism that would protect the safety of all people and encourage tolerance and provide an open opportunity for all people to express opinions. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 BSO District 2 "Employee of the Month" for June 2002: District 2 —Dania Beach Neighborhood Response Team (N.R.T.) Chief Cowart commended Deputy Al Polack and the NRT Team members for their efforts to deal with burglaries in the City and presented the "Employee of the Month" award for June 2002. 5.2 Dania Beach Employee Recognition Program — Larry Nadeau Michael Sheridan, Public Works/Utilities Director, commended Larry Nadeau for his willingness to help others in his job and for his exemplary dedication to the City, which, in turn, has set an example to other employees. Mr. Sheridan presented Mr. Nadeau with a plaque, Dania Beach shirt, and a $100 check for being designated as "Employee of the Month" for July 2002. ITEM 9.6 WAS HEARD AFTER ITEM 5.2. 6. PROCLAMATIONS: NONE ITEM 7 (CONSENT AGENDA) WAS HEARD AFTER ITEM 9.6. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: NONE Travel Expenditures- 7.1 August 9 - 12, 2002 — Michael Bernardo, Bruce Caruso and Patrick Patterson attendance at the National Fire Academy course in Emmitsburg, Maryland. • MINUTES 3 JULY 9, 2002 CITY OF DANIA BEACH Resolutions — • 7.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RETROACTIVELY AUTHORIZING THE ACCEPTANCE BY THE CITY- MANAGER OF THE GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE'S (BJA) 1999 LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM FOR THE AMOUNT OF $64,434.00; FURTHER, RETROACTIVLEY AUTHORIZING THE ACCEPTANCE BY THE CITY MANAGER TO MATCHING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $7,159.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RETROACTIVELY AUTHORIZING THE ACCEPTANCE BY THE CITY MANAGER OF THE GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE'S (BJA) 2001 LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM FOR THE AMOUNT OF $74,758.00; FURTHER, RETROACTIVELY AUTHORIZING THE ACCEPTANCE BY THE CITY MANAGER OF MATCHING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $8,306.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS UNDER THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT • SERVICES CONTRACT NO. 255-001-01-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE AQUATIC MANAGEMENT AGREEMENT EXISTING BETWEEN THE CITY, AND ALLSTATE RESOURCE MANAGEMENT, INC., TO PROVIDE THAT THAT COMPANY WILL PROVIDE AQUATIC MANAGEMENT SERVICES FOR TWO LAKES FOR THE ESTATES OF FORT LAUDERDALE AND EIGHT LAKES FOR THE ESTATES OF FORT LAUDERDALE'S GOLF COURSE; FURTHER, AUTHORIZING EXECUTION BY SUCH CITY OFFICIALS OF AN AGREEMENT ON BEHALF OF THE CITY WITH THE ESTATES OF FORT LAUDERDALE PROPERTY OWNERS ASSOCIATION, INC. PERTAINING TO THE CITY'S AGREEMENT TO MAINTAIN THE LAKES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY— NONE A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, approving the Consent Agenda. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes . MINUTES 4 JULY 9, 2002 CITY OF DANIA BEACH Commissioner McElyea-yes Mayor Chunn-yes 40 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, 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading and advised that the Ordinance was generated from the office of Tim Ryan, Special Counsel for the City. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes was concerned that the Ordinance may generate an even more increase in legal fees to the City because an Attorney would have to be provided to deal with court cases and that the Ordinance should have been reviewed by the Code Enforcement Board before coming to the City Commission. Commissioner Mikes thought that Attorney Ryan should also be present to explain his reasons for proposing the Ordinance. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to table the second reading of the Ordinance to the August 13th meeting with the understanding that the Code Enforcement Board would review the Ordinance and provide comments prior to the August 13t" 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 9.2 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 MINUTES 5 JULY 9, 2002 CITY OF DANIA BEACH 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Attorney Scott Robin, Weiss, Serota, et al, was present to explain that the Ordinance was patterned after Ordinances adopted by Coral Springs, Plantation, Hollywood and Fort Lauderdale. Discussion followed on local station coverage for certain sections of the City and AT&T needing two years to upgrade the cable system. Attorney Robin advised that the cable system upgrade was negotiated when the cable transfer franchise agreement was approved with AT&T at the last meeting and that the agreement expires September 30, 2002, which would allow additional terms to be negotiated. Commissioner Mikes asked whether Federal legislation gives the City the right to require AT&T to provide a local access channel as AT&T has stated that it was a matter of cost to provide the service and that they wanted 2 years to upgrade the system. Attorney Robin advised that AT&T must be given 90 days to comply with customer • service requirements and that AT&T has 45 days to submit objections to compliance issues. Attorney Robin explained that Mr. Taunck, AT&T Comcast, agreed to provide local access channels to the newly annexed area once the cable system was upgraded and that it appears that AT&T Comcast is the only cable provider at this time. Attorney Robin pointed provisions in the ordinance under Section 22-113 (1) and (2) providing for 72 channel capacity within 2 years and compliance with State of the Art obligations in accordance with the State of Florida. In addition, Section 22-115 provides for one (1) Access Channel for the City's sole use capable of showing City Commission meetings to all areas of the City, including the newly annexed area, within 90 days of the effective date. Commissioner Mikes advised that live broadcasts of the City Commission meetings should be made available to all areas of the City within 90 days and that a provision should be added requiring AT&T to do so unless waived by the City Commission. City Attorney Ansbro recommended that Mr. Taunck be present to respond to the City Commission's concerns about the Franchise Agreement and that the Ordinance be continued. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, tabling the second reading of the Ordinance to August 13, 2002. The motion passed on the following 5/0 roll call vote: • MINUTES 6 JULY 9, 2002 CITY OF DANIA BEACH • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading and recommended continuance to the next meeting. 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 Commissioner McElyea, tabling the second reading of the Ordinance to August 13, 2002. 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-17-02 — Variance request by Farah Salehi, representing Belle Commerce, Inc., to allow: 1) 8 foot rear yard setback (10 feet required) 2) 25% PERVIOUS AREA (30% PERVIOUS AREA REQUIRED) Property located at the southwest corner of SE 23rd Terrace and State Road 84. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY FARAH SALEHI, REPRESENTING BELLE COMMERCE, INC., FROM CHAPTER 28 ZONING, SECTION 27.60 (REAR YARD SETBACK) AND SECTION 29.10 (MINIMUM PERVIOUS AREA); FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SE 23RD TERRACE AND STATE ROAD 84, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolutions under 9.4 a and b. City Attorney Ansbro advised that the Variance items under the Public Hearing section are Quasi- judicial matters and that all witnesses wishing to speak must be sworn in and that the • MINUTES 7 JULY 9, 2002 CITY OF DANIA BEACH City Commission, in accordance with the Jennings Ruling, must report all communications. Laurence Leeds, Growth Management Director, explained the Variance and Site Plan requests and advised of two conditions recommended by Michael Sheridan, Public Works and Utilities Director, relating to drainage and landscaping. Mr. Leeds advised that the applicant had agreed to all conditions including the requirement for payment of a tree replacement fee estimated to cost $3,500 to $3,600. Mayor Chunn opened the public hearing. Commissioner Bertino presented concerns that awnings can begin looking very bad after a short period of time on businesses in the downtown area and asked whether there would be a better product to use or whether the City could require the awnings to be replaced within a certain period of time as part of the Variance approval. Ralph Eddy expressed concern for the drainage problems that exist in the City in many areas and recommended that the City Commission consider storm water drainage issues when dealing with these requests. Hearing no further comments, Mayor Chunn closed the public hearing. Michael Sheridan, Public Works and Utilities Director, commented on the drainage requirements he recommended for the project and discussion followed on pervious area requirements, porous concrete and French drains. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution (VA-17-02) with the following conditions: (1) Applicant to provide additional storm water capacity to compensate for the 5% decrease in pervious area, said improvements to be in the form of a French drain or other on site storm water measure to be determined by the Public Works/Utilities Director; (2) Applicant to comply with all landscape conditions; (3) Applicant to repair and replace Awnings subject to determination by the Growth Management Director. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes b) SP-17-02 — Site Plan request by Farah Salehi, representing Belle Commerce, Inc., to construct a 15,000 square foot office/distribution building in an IROM zoning district, for property located at the southwest corner of SE 23rd Terrace and State Road 84. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY FARAH SALEHI, REPRESENTING BELLE COMMERCE, INC., FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF • MINUTES 8 JULY 9, 2002 CITY OF DANIA BEACH SW 23RD TERRACE AND STATE ROAD 84, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution (SP-17-02) with the following conditions: (1) Applicant to provide additional storm water capacity to compensate for the 5% decrease in pervious area, said improvements to be in the form of a French drain or other on site storm water measure to be determined by the Public Works/Utilities Director; (2) Applicant to comply with all landscape conditions; (3) Applicant to repair and replace Awnings subject to determination by the Growth Management Director. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.5 VA-24-02 - Variance request by Steven and Melanie Redler, to allow an accessory shed within one foot of a street lot (25 feet required) for property located at 450 SE 7th Street, Unit 206. The shed is located to the rear of Unit 206 and adjacent to SE 7th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEVEN AND MELANIE REDLER, FROM CHAPTER 28 ZONING, ARTICLE 4 DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 450 SE 7th Street #206, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Growth Management Director, advised that many sheds are attached to the rear of the townhome development and that an identical scenario exists along SE 5th Avenue and SE 10 Street where many sheds and screen enclosures have been installed. Vice-Mayor Flury recommended approval of the Variance and suggested that Code Enforcement monitor any new sheds that may be installed from this point forward to ensure proper permitting. Mayor Chunn opened the public hearing. An unidentified resident of Townhouse East advised that the association imposes standards on sheds and that the sheds do not impose any adverse impact in the townhome development. Mr. Leeds advised that letters and petition signatures had been provided from the association in favor of the shed. Ralph Eddy supported the Variance. • MINUTES 9 JULY 9, 2002 CITY OF DANIA BEACH Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution (VA-24-02) subject to the applicant properly maintaining the fence for the townhome unit. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ITEM 9.6 WAS HEARD AFTER ITEM 5.2. 9.6 VA-26-02 - Variance request by Salvatore and Angela Mancino, to allow a concrete ramp and handrail adjacent to a side yard lot line (7 foot setback required), for property located at 4532 SW 34th Terrace. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SALVATORE AND ANGELA MANCINO, FROM CHAPTER 28 ZONING, ARTICLE 4 DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 4532 SW 34T" TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Growth Management Director, presented the request and advised that staff is in support. Commissioner Bertino questioned why the request was being presented as a Variance that would remain with the home should it be sold. Mr. Leeds advised that he had inspected the site and could see no burden or adverse impact with the addition of the ramp to anyone who may purchase the home in the future. Mayor Chunn opened the public hearing. Michael Morrison, Building Contractor, explained the need to replace the existing step with a concrete ramp and hand rail and was present to respond to any questions. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution (VA-26-02). 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 JULY 9, 2002 CITY OF DANIA BEACH ITEM 7 (CONSENT AGENDA) WAS HEARD AFTER ITEM 9.6. 9.7 VA-35-02 —Variance request by Michael Shiff, President of the Shiff Group, from Chapter 12, Article III, Section 12-52 of the Dania Beach Code of Ordinances, reduction in finished floor flood elevation, for property located at 200 East Dania Beach Boulevard (southeast corner of Dania Beach Boulevard and SE 2nd Avenue). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL SHIFF, PRESIDENT OF THE SHIFF GROUP, FROM CHAPTER 12, ARTICLE III, SECTION 12-52, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DANIA BEACH BLVD. AND SE 2ND AVENUE, 200 EAST DANIA BEACH, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Ordinance for second reading. Laurence Leeds, Growth Management Director, explained that Mr. Shiff was requesting relief from the 8 foot elevation requirement imposed by the City. City Manager Pato advised that FEMA only requires a 6 foot elevation. Michael Shiff, President of the Shiff Group, advised that he would not be able to meet the 8 foot requirement on the property because of the small size of the site and location of the sidewalk and that he would also be installing a French drain for the project. Mayor Chunn opened the public hearing. Charlene Scalese expressed concern for drainage in the area and asked that something be done to address the problem. Vice-Mayor Flury clarified that the project lies east of the old Dania hotel and is closer to the Penn Dutch property and felt the 6 foot FEMA requirement was sufficient. Ralph Eddy was concerned with flooding to the properties east of the project once the land is elevated. Faye Barteles supported the Variance. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution (VA-35-02). The motion passed on the following 5/0 roll call vote: MINUTES 11 JULY 9, 2002 CITY OF DANIA BEACH Commissioner Bertino-yes Vice-Mayor Flury-yes • Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.8 ZA-36-02 — Zoning Appeal request by James Confalone, representing Rental Service Corporation, for property located at 4160 Ravenswood Road, Dania Beach, from the decision of the Growth Management Director that the following uses are not allowed under IROM (Industrial Research Office Marine) Zoning District and are not permitted uses under the existing occupational license: 1) Outdoor storage, display, service and rental of new and used construction related equipment. 2) Above ground diesel fuel and gasoline storage tanks. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY JAMES CONFALONE, REPRESENTATIVE, FOR RENTAL SERVICE CORPORATION, FOR THE LOCATION AT 4160 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Growth Management Director, presented his reasons for recommending denial of the Zoning Appeal. In addition, he advised that the applicant is also requesting the installation of an above-ground gasoline and diesel fuel storage tank and outside storage of equipment, which is prohibited in the IROM zoning district. Mr. Leeds reported to the City Commission that the applicant had mentioned a possible lawsuit should the zoning appeal be denied. Mayor Chunn opened the public hearing. Mark Gezzi, Edward Gezzi Architect, representing Rental Services Corporation, introduced Cindy McAbee, Manager of Construction Services. He advised that Rental Services Corporation wishes to_lease the space from James Confalone and that Mr. Confalone has an option to purchase the property from Mr. J.J. Kelly. He then passed out photographs of existing RSC sites and advised that they intend on upgrading the property in accordance with all environmental agency requirements. He stated that all of the aircraft parts would be removed from the site. Cindy McAbee, Rental Services Corporation, advised that the company would rent construction and homeowner equipment and that preventative maintenance would be required of the equipment on site. She explained that the company is currently located in Pembroke Pines and that they must move from the location because the owner is developing the land. Mr. Gezzi assured the City Commission that Mr. Kelly would not have anything to do with the property once the property is sold and that any litigation threats would not exist • MINUTES 12 JULY 9, 2002 CITY OF DANIA BEACH and that Mr. Confalone would enter into an agreement for 20 years with Rental Service Corporation. Christopher Weaks, Rental Service Corporation, advised that the company cannot use underground tanks and clarified that Rental Service Corporation could function without the petroleum on the site. Charlene Scalese opposed the use based on concern for the employee bus traffic and equipment that would be going in and out of the business near the small intersection. Mike Sartin opposed the rental yard. Dave Reich had no objection to the use of property as long as the use was concealed from the road and all safety measures were addressed. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, denying the Zoning Appeal by James Confalone, representing Rental Service Corporation. 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 9.9 ZA-33-02 — Zoning Appeal by Phil Glassman, representing Jaxson's Dania Shopping Center, appealing the following determinations of the Growth Management Director, for property located at 126 South Federal Highway, Dania Beach: 1) The Goodwill Industries Thrift Shop is a special exception use in a C-2 Commercial Zoning District. (Appellant contends the Goodwill Store is a permitted use and not subject to special exception approval). 2) Section 6.21 of the Zoning Code applies to a change of use which increases parking requirements in an existing building. (Appellant contends that the Section6.21 does not apply). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY PHIL GLASSMAN, PROPERTY MANAGER FOR JAXSON'S DANIA SHOPPING CENTER FOR PROPERTY LOCATED AT 112 SOUTH FEDERAL HIGHWAY, JAXSON'S DANIA SHOPPING CENTER, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. • MINUTES 13 JULY 9, 2002 CITY OF DANIA BEACH Laurence Leeds, Growth Management Director, explained his reasons for denying the request as provided in his staff memorandum and clarified that the applicant would have to come back and go through a Variance process to address the parking at the shopping center should the City Commission approve the Zoning Appeal. Mayor Chunn opened the public hearing. Paul Porzio introduced Dennis Clark from Goodwill Industries. Mr. Porzio stated that the proposed use should be classified as a permitted use and that the Special Exception requirement had not been signed off by the City Commission when the application was submitted to the Building Department. Mr. Porzio advised that this is not a thrift store as such as all of the products would be transported from other stores and no items would be dropped off at the site. Mr. Clark explained that some of the items that do not sell from other Goodwill stores would be transported to this location, which would be called a 1, 2, 3 Thrift Store. He advised that there would not be any drop offs and that he does not feel there is a parking problem occurring at the shopping center. He pointed out that the prior use of the space was for a Sears outlet store and that his use is very similar to the previous use, which had not parking problems. Ralph Eddy, 150 SE 3rd Avenue, was not concerned with the requested use by Goodwill, however, he was concerned with the truck parking in the back of the shopping center, which creates a danger on the corner. In addition, a dumping and homeless problem exists in the back of the center. Mr. Porzio advised that the use would not generate any additional parking and that the previous use was a thrift store. He agreed that there is a dumping problem in the back of the shopping center and that he keeps the back area as clean as possible. Mr. Porzio explained that the main business at the center is Jaxson's, which is mostly busy at night and that there are no parking problems. Mr. Porzio agreed to put up a "No Dumping" sign in the back if the City Commission desires. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner McElyea, seconded by Mayor Chunn, after passing the gavel, approving the Zoning Appeal as requested by Phil Glassman, representing Jaxson's Dania Shopping Center, for the proposed Goodwill Store. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino recommended certifying Code Officers to write parking • MINUTES 14 JULY 9, 2002 CITY OF DANIA BEACH tickets for improperly parked trucks instead of using BSO Deputies for this type of • violation. Commissioner Bertino suggested that the engineers that approved the drainage plans for projects such as the Walgreens' at SE 5th Avenue and Sheridan Street should be held accountable for signing off on the drainage plan when problems occur later. Commissioner Bertino suggested that staff research a strategy for detecting illegal rentals in the southwest section of the City because he was concerned that many garages and breezeways have been converted to living space. At this time, City Attorney Ansbro advised Mr. Porzio once again that he would have to go through a Variance procedure for the parking for Item 9.9 and that he could not provide the City with a Hold Harmless Agreement. 10.2 Commissioner McElyea commended Mike Sheridan, Public Works and Utilities Director, for doing a good job in the Public Works Department. 10.3 Commissioner Mikes confirmed with City Manager Pato that an Abatement Session is being held tomorrow at 6:00 p.m. and that the budget would be distributed to the City Commission by Friday. 10.4 Vice-Mayor Flury advised that she received a letter from a man who fell on the tennis courts at Frost Park and injured his ribs and that she would like to provide information to him on planned improvements at the parks. City Manager Pato advised • that he would be meeting soon with Janet Palacino, Project Manager, about a project schedule for the improvements. Commissioner McElyea asked staff to look into a sidewalk hazard at SW 2"d Avenue and 14th Street. 10.5 Mayor Chunn advised that Saturday, July 13, the BSO Officers would be playing the FBI in a Softball Game at Charlie Will Thomas Park and that BSO would have two softball games on July 27. July 20- Fire Department Fish Fry from 11:00 a.m. to 6:00 p.m. at the Nyberg/Swanson House. Mayor Chunn thanked all those who are supporting him at this time. 11. DISCUSSION AND POSSIBLE ACTION: 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 • MINUTES 15 JULY 9, 2002 CITY OF DANIA BEACH 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 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." 12.6 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 ® MINUTES 16 JULY 9, 2002 CITY OF DANIA BEACH TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.7 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." 12.8 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 Pato advised of the following meetings: July 10 -6:00 p.m.-Abatement Hearings July 31 — 10:00 a.m.- Budget Workshop August 7 —7:00 p.m.- Board of Directors of the CRA will meet with consultants. Two CRA Visioning sessions: July 18 at 6:00 p.m. and July 20 at 9:00 a.m. at City Hall. City Manager Pato advised that staff is looking into the drainage problems at the Walgreens Drug Store at SE 5th Avenue and Sheridan Street. City Manager Pato requested that the City Commission take action on approving an emergency purchase from W.A. Brooks to replace an H Well pump in the amount of $20,990.98 for the Public Works Department. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, declaring the need to replace the H Well pump an emergency in accordance with provisions in the Charter, directing and authorizing the preparation of a Resolution and adopting the resolution approving the purchase with W.A. Brooks in the amount of $20,990.98. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes MINUTES 17 JULY 9, 2002 CITY OF DANIA BEACH • Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes City Manager Pato advised that Lisa Young has moved from the City of Dania Beach and would need to be replaced on the Planning & Zoning Board. Vice-Mayor Flury confirmed that she replaced Margaret Smart, who has also moved from the City, on the Human Relations Board with her appointment of Roy Davenport on June 25tn 13.2 City Attorney Ansbro reported that on July 3 a ruling from the Fourth District Court of Appeals, the Appellate Court for Broward County, was received and upheld the City's position in the last Bruckner case, which challenged whether the City had conducted itself properly in the Sunshine Law. City Attorney Ansbro advised that Judge Andrews, Trial Court, found that when the City discussed settlement negotiations relating to the Federal law suit that had been filed with the First Amendment Foundation, on behalf of John Bruckner, the City did not violate the Sunshine Law. The First Amendment Foundation lost the case and Attorney Ansbro was pleased to report that the legal advice given to the City Commission was correct. 14. ADJOURNMENT This meeting adjourned at 10:20 p.m. r • R B RT H. CHUNN, JR MAY R ATTEST: CHARLENE JO ON CITY CLERK Approved: August 13, 2002 MINUTES 18 JULY 9, 2002 CITY OF DANIA BEACH