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2002-08-13 Regular City Commission Meeting Minutes
MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 13, 2002 7:00 P.M. 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Pastor Richard Austin, First Baptist Church of Dania Beach 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 Bob Adams referred to statements made by Commissioner Mikes at the July 9tn meeting that made reference to his family's political involvement with Bobbie Grace and asked that Commissioner Mikes refrain from making accusations of this type about his family in the future. Mr. Adams stated his support of Mayor Chunn in the fight against prejudice and that there are many who stand against bigotry in the City. Commissioner Mikes responded by stating that he felt his comments at the last meeting were appropriate and that Bobbie Grace was one of the votes that hurt sections of the City directly impacted by the airport expansion when the Broward County Interlocal Agreement was passed in 1995. 4.2 Lucely Fernandez, 2139 Stirling Road, stated that she is a licensed flower business in the City and that street vendors who are not properly licensed in the City are allowed to sell flowers, which, in turn, hurts legitimate businesses like hers. City Attorney Ansbro was asked to research the law to see if anything could be done to address the street vending in the City. 4.3 Teddy Bohannan stated the positive results of the street closures that are being installed at this time in her neighborhood. MINUTES 1 1 AUGUST 13, 2002 CITY OF DANIA BEACH Ms. Bohannan expressed her outrage with Mayor Chunn's claims about racism in the City and was of the opinion that the real issue of drug crimes in the City is being clouded by the racial issues. 4.4 Kurt Ely, 245 SW 1 s` Avenue, pointed out that he serves as Chairman on the Civil Service Board. He took the opportunity to read parts of the Charter and Civil Service Rules outlining the board's involvement in the administration of the personnel program for the City. Mr. Ely explained that the City Commission is currently dealing with the results of a recent Classification Study and that the Board is willing to work in conjunction with the City Commission. He advised the board members would be attending the August 14 meeting at 7:00 p.m. and that they desire direction from the City Commission on how they should proceed. In reference to Item 7.8, Mr. Ely requested that the City Commission consider only those charities providing services directly to Dania Beach when distributing revenues from the bus bench program. 4.5 John Etling, 1068 SE 6 Avenue, on behalf of the Main Street program, requested that the City Commission provide favorable support of Item 9.5. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 BSO District 2 "Employee of the Month" for July 2002: Deputy Robert Boris Chief Cowart presented information about Deputy Boris's professional dedication that resulted in taking a felon into custody in Dania Beach as well as his participation in catching a robbery suspect at a bank in Coconut Creek. Chief Cowart commented on the positive results of the street level drug operation conducted by the NRT (Neighborhood Response Team) between June 12 through August 5. Chief Cowart was pleased to advise that the seizure collected $18,000 and that after the 80/20 split with the Federal Government, some of the funds would be placed in the Local Law Enforcement Trust Fund. Chief Cowart advised that Sheriff Jenne was unable to attend the meeting tonight to discuss Item 5.5 due to a last minute conference call with the Federal Joint Terrorism Task Force and that Sheriff Jenne would be attending the August 27" meeting. 5.2 . Dania Beach General Employees Recognition Program —Byron Middleton. Mike Sheridan, Public Works/Utilities Director, commended Byron Middleton for being an example of a "model" employee and presented Mr. Middleton with an Employee of the Month plaque, "Shining Star" shirt and $100 check. Mr. Middleton stressed his appreciation for being granted the Employee of the Month award and commended Mary McDonald, Mike Sheridan and Kristen Jones for their positive support. • 5.3 Presentation by Haitian-American Business Network of Florida. MINUTES 2 AUGUST 13, 2002 CITY OF DANIA BEACH • Joseph Gord, Hatian American Business Network of Florida, advised that his organization used to meet in Hollywood and that they are now located in Dania Beach. He presented a plaque to Mayor Chunn for his attendance at a July 51h meeting for the Hatian Business Community held at the Sheraton Hotel. 5.4 Presentation by Jay Field, Chairperson, Airport Advisory Board, on discussion and possible action of the Airport Advisory Committee recommendations. Jay Field, Chairperson of the Airport Advisory Board, requested direction from the City Commission on the recently submitted recommendations by the board (see attached). The City Commission generally agreed that the board is doing a very good job and that they should continue to meet with the Hollywood Airport Advisory Board on PR issues and legal issues with City Attorney Ansbro, who could, in turn, deal with White & Case, P.A., special counsel on the airport issues. Vice-Mayor Flury clarified that the budget has addressed funding for the airport issue and that the committee should move forward. In addition, a Resolution was adopted by the City Commission supporting Broward County for its decision to review alternatives under the Master Plan. Mr. Field was advised to also deal with Environmental Attorney, Brenda Chalifour, on airport issues and City Clerk Johnson on the creation of a Resolution supporting Congressman Deutsch's position for a long-range view of the noise impacts and EIS plan. 5.5 Presentation by Sheriff Ken Jenne, Broward Sheriff's Office-District 2, on External Automatic Defibrillators Program. • Chief Cowart requested that Item 5.5 be continued to the August 27`h meeting. ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER MIKES PULLED ITEMS 7.13, 7.17 7.25 AND 7.27 AND VICE-MAYOR FLURY PULLED ITEMS 7.10 AND 7.16. 6. PROCLAMATIONS: NONE 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of Bills for the Month of June, 2002. Minutes: 7.2 Approval of minutes for Workshop Meeting May 24, 2001. 7.3 Approval of minutes for Regular Meeting June 25, 2002. 7.4 Approval of minutes for Regular Meeting July 9, 2002. 7.5 Approval of minutes for Budget Workshop Meeting July 31, 2002. 7.6 Approval of minutes for Special Meeting July 31, 2002. Travel Expenditures- NONE Resolutions — 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RECOGNIZING AND CONGRATULATING ST. RUTH MISSIONARY BAPTIST CHURCH, THE FIRST • AFRICAN AMERICAN CHURCH ESTABLISHED IN DANIA BEACH, ON THE OCCASION OF ITS 94ND ANNIVERSARY TO BE HELD AUGUST 18, 2002; MINUTES 3 AUGUST 13, 2002 CITY OF DANIA BEACH FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RECOMMENDATION OF THE HUMAN RELATIONS BOARD ON THE DISTRIBUTION OF $3,000.00 (THREE THOUSAND DOLLARS) BEING THE ANNUAL BUS BENCH ADVERTISING RENTAL REVENUE RECEIVED BY THE CITY, TO BE ALLOCATED AS FOLLOWS: SIXTY PERCENT (60%) TO "THE "AREA AGENCY ON AGING OF BROWARD COUNTY," AND FORTY PERCENT (40%) TO "FAMILY CENTRAL", PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING THE PROPOSED BROWARD COUNTY REGIONAL FIRE RESCUE SERVICES DELIVERY PLAN BEGINNING FISCAL YEAR 2003; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING THE PRE-APPROVED AMENDMENT 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION EXTENDING THE COMPLETION DATE TO APRIL 30, 2003, FOR FROST PARK RENOVATIONS DEP CONTRACT #F01354, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FIRE CHIEF TO APPLY FOR THE 2003 EMS GRANT THROUGH JOINT • APPLICATIONS WITH THE CITY OF HOLLYWOOD FOR VARIOUS EMS EQUIPMENT INCLUDING A STRETCHER, BACK BOARD, BICYCLES, AND EXTRACATION TOOL IN AN AMOUNT NOT TO EXCEED $50,000.00; WITH NO MATCH, AND FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT APPLICATIONS UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.14 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. 7.15 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. MINUTES 4 AUGUST 13, 2002 CITY OF DANIA BEACH 7.18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF WHITE & CASE AS SPECIAL CITY ATTORNEYS, TO PROVIDE LEGAL SERVICES TO THE CITY IN CONNECTION WITH RUNWAY IMPROVEMENTS PROPOSED TO BE LOCATED AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.19 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE APPROVAL OF A LEASE AGREEMENT FOR COMPUTER EQUIPMENT FROM DELL MARKETING, L.P., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.20 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH DESIGN & CONSTRUCTION SOLUTIONS FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES RELATING TO THE ADMINISTRATION OF THE FROST PARK IMPROVEMENTS AND MELI PARK AQUATIC CENTER PROJECTS IN AN AMOUNT NOT TO EXCEED $31,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by City Attorney— 7.21 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES PROVIDING THAT THE DEATH BENEFIT REQUIRED • YEARS OF CREDITED SERVICE BE REDUCED FROM TEN (10) TO EIGHT (8) TO MATCH THE NORMAL RETIREMENT DATE CREDITED SERVICE REQUIREMENT; PROVIDING FOR DIRECT TRUSTEE TO TRUSTEE TRANSFER FROM DEFERRED COMPENSATION ACCOUNTS FOR PURCHASE OF PRIOR SERVICE CREDIT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.22 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, PROVIDING FOR RETIREE ELIGIBLITY FOR ELECTION TO TRUSTEE POSITIONS IN SPECIFIC CIRCUMSTANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.23 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 27-19 OF THE CITY CODE OF ORDINANCES TO INCREASE THE WATER SUPPLY RECONNECTION SERVICE FEE FROM $25.00 TO $75.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.24 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "FLOOD DAMAGE PREVENTION" TO CREATE SECTION 12-14 TO BE ENTITLED "ADOPTION OF THE BROWARD COUNTY LOCAL MITIGATION STRATEGY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES 5 AUGUST 13, 2002 CITY OF DANIA BEACH ADDENDUM ITEM: 7.26 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CONTRACT FOR CONSULTING AND PROFESSIONAL SERVICES BETWEEN PUBLIC UTILITY MANAGEMENT AND PLANNING SERVICES, INC. AND THE CITY OF DANIA BEACH IN AN AMOUNT NOT TO EXCEED $24,375.00 FOR THE PREPARATION OF DOCUMENTS FOR THE CITY TO COMPLETE A STRATEGIC FACILITIES PLANNING EXERCISE FOR ITS WATER, SEWER AND STORMWATER UTILITY SYSTEMS, AND TO OBTAIN FUNDING FOR A NUMBER OF ITS WATER, WASTEWATER AN STORMWATER PROJECTS; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of the Ordinances for first reading. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving the Consent Agenda with the exception of Items 7.10, 7.13, 7.16, 7.17, 7.25 and 7.27. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes ITEMS PULLED FROM THE CONSENT AGENDA: 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ® AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROFESSIONAL SERVICES RELATING TO ADMINISTRATION OF FIRE RESCUE, SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS FOR FY 2002-03; AUTHORIZING A COST OF $45,000.00 (FORTY FIVE THOUSAND DOLLARS) FOR THE SCOPE OF SERVICES OUTLINED IN EXHIBIT "a" TO THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury inquired as to whether staff had checked on the methodology used by GSG to calculate the Fire Service Assessment fees last year, which created such an increase in the commercial business fees. City Manager Pato advised that there appears to be some confusion on the methodology used by GSG and that he was unable to respond since previous Acting Finance Director, Macciano Lewis, was working with GSG and is unavailable tonight. A motion was made by Vice-Mayor Flury, seconded b Commissioner Bertino, to continue the Resolution to the August 27 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 7.13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ® INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SEGMENTS II AND III, SHORE PROTECTION PROJECT; MINUTES 6 AUGUST 13, 2002 CITY OF DANIA BEACH ® PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes was concerned that the beach renourishment program has been problematic so far and that the methods being used for the program are also being questioned. City Manager Pato advised that a Turtle nesting preservation group has filed a petition with the State to hold off on the beach renourishment program and that the City's contribution is not clear in the agreement. City Attorney Ansbro recommended continuance as the agreement makes reference to an estimate for the City to commit to spend .75 of the total budget and that the amounts may well exceed $75,000. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing the Resolution until staff has obtained a clearer understanding of the program and contribution required of the City. 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 7.16 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE ® CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Vice-Mayor Flury clarified that the Resolution is setting an estimated rate of $87 per private residence and that the commercial properties are based on square footage amounts. She was dissatisfied that a thorough review of the methodology has not been determined and pointed out her willingness to reduce the $87 annual fee. Ken Land, Fire Chief, explained that the rate study mentioned by City Manager Pato was conducted by Skip Burnside, GSG, which dealt with inspection, sprinkler system, and other City fees. In regards to the GSG Contract amount under Item 7.10, Chief Land explained that Macciano Lewis, previous Acting Finance Director, was unable to conduct the Special Assessment Program "in-house" this year due to the timing of the departure of Dave Keller, previous Finance Director, and the hiring of the new Finance Director, Patricia Varney. Chief Land advised that the proposed rate can be revised between now and the public hearing scheduled September 10th and that Patricia Varney was reviewing the rate structure. Commissioner Mikes commented on the costs associated with providing benefits and services for public safety and pointed out that the fire service fee provides the City the ability to collect on properties that are otherwise tax exempt. He mentioned that the City does have ® the land available to build the station and that the increase last year from $81 to $87 ($6.00) provides for a construction fund to eventually build a station in the western portion of City. MINUTES 7 AUGUST 13, 2002 CITY OF DANIA BEACH Commissioner Bertino stressed the importance of building a western fire station on City owned property located near SW 30" Avenue and SW 45th Street for the safety of the population, which was why a construction fund from extra fire services fees was established. Chief Land estimated that the extra $6 brings in $150,000 a year. Commissioner McElyea was dissatisfied that the City entered into a lease to pay for renting space at the Hollywood Fire Station. He stressed the need for the City to make up its mind on whether Dania Beach is its own City or part of Hollywood. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Resolution. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 7.17 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING BOTH TRI-PARTY AGREEMENTS BETWEEN BROWARD COUNTY, DANIA FARMS, LTD., AND CITY OF DANIA BEACH IN CONNECTION WITH THE INSTALLATION OF REQUIRED IMPROVEMENTS FOR "THE RITA W. SHAW PLAT" AND "C.I.D.B. PLAT"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE Bill Keith was present to explain that he was involved with the platting of the two plats for the Dania Farms and Shaw families in 88/89 and that Broward County platting regulations require the placement a Bond or Letter of Credit to provide for public improvements for the site. Mr. Keith advised that the applicants have paid several thousands of dollars year after year to provide a Letter of Credit or Bond and that they are now able to place a one-time lien to meet the requirement. Commissioner Mikes clarified with Mr. Keith that the Shaw property was proposed for a hotel construction at one time and that a large portion on the property south of 10th Street was taken in the condemnation action with the airport expansion. Mr. Keith stated that the property is on the City's tax rolls and that the property is currently being used as a tree nursery or farm and that there are no intentions of developing the property at this time. In addition, there are complications with selling the property. Commissioner Mikes pointed out that Mr. Keith was a proactive participant in the expansion of the Fort Lauderdale-Hollywood International Airport. Mr. Keith stated that he has not been involved with the expansion of the runway for five or six years. Commissioner Mikes commented on Congressman Shaw's tax exemptions provided on the property with the airport condemnation actions and was of the opinion that a conflict exists based on the airport expansion project being a Federally funded project. Mr. Keith mentioned that he has been involved in many positive projects like West Lake and that he has always supported Dania Beach. Vice-Mayor Flury questioned the road construction currently ongoing on the site. Mr. Keith advised that the activity on the property relates to the removal of Royal Palm trees and that no construction of water or sewer improvements is taking place at the site. ® City Attorney Ansbro advised that the lien would be directed to Broward County and that the City's only obligation is to notify Broward County if a building permit or C/O was sought for MINUTES 8 AUGUST 13, 2002 CITY OF DANIA BEACH • the property in order to make sure that cash was provided to Broward County covering the required road improvements. City Attorney Ansbro advised that the request is only an accommodation to the property owners. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting the Resolution approving the two agreements. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-no ADDENDUM ITEM: 7.25 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THIRD ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes stressed his opposition to adding addendum items last minute when they deal with contractual matters and thought that the media and public should have access to documents such as this well in advance of the meeting. City Manager Pato advised that the Addendum was discussed at one of the budget sessions and thought the City Commission was ready to adopt it. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to continue the Resolution to the August 27 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 7.27 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSAL FROM MARTIN OUTDOOR MEDIA FOR BUS BENCH SERVICES WITHIN THE CITY OF DANIA BEACH; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes questioned why the competitive bidding process was not used for the services and stated his concern again with adding contractual items on as an Addendum last minute. Mike Sheridan, Public Works/Utilities Director, advised that he had asked that the item be added because he was not going to be present on August 27`h. Mr. Sheridan advised that the project was put out to bid and that there were no other bids received. Tom Cuomo, Martin Outdoor Media, and Scott Martin were present to advise that the City will gain $3,000 to $11,000 a year in revenue and that they have been seeking the contract for two years. Mr. Cuomo advised that the proposal would include new benches, maintenance program, non-advertised benches to promote City programs and benches to MINUTES 9 AUGUST 13, 2002 CITY OF DANIA BEACH ® match with the historical downtown. Mr. Cuomo projected that 10% of the benches would be available for City advertising for the City's 100th Birthday Centennial event in 2004. Vice-Mayor Flury' made a motion to approve, which was replaced with the following motion: A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to continue the Resolution to the August 27 meeting. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Staff recommendation on Bid award for City Hall Janitorial Services. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY FACILITY KNOWN AS THE ADMINISTRATIVE CENTER, TO A & A MAINTENANCE ENTERPRISE INC., IN THE AMOUNT OF $15,097.56, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH A & A MAINTENANCE ENTERPRISE, INC. AND THE CITY OF DANIA BEACH FOR JANITORIAL SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner McElyea questioned the review process used to evaluate the bids and was concerned that the City would not necessarily be getting better janitorial services with the low bidder. Further discussion followed on the cancellation clause in the contract and the references received on company. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, 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, 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. MINUTES 10 AUGUST 13, 2002 CITY OF DANIA BEACH iTim Ryan, Special Counsel for Code Enforcement, advised that the ordinance passed first reading a few months ago and that the second reading was tabled in order to allow the Code Enforcement Board time to review the Ordinance. The Code Enforcement Board amended the Ordinance to include language to state that the Supplemental Code Enforcement Procedure would not be utilized until after a violator had been cited, brought before the Code Enforcement Board, a final order entered, and a supplemental Claim of Lien filed for non-compliance as a way to reduce legal costs. Attorney Ryan clarified that the Ordinance was a request of the City's Code Enforcement staff and that the citation is issued by a Code Enforcement Officer and served by a law enforcement officer, which would compel a violator to attend county court. The violator could also comply with violation and send in the $250 payment so they do not have to appear in court, however, if they refuse to comply with the violations they can be cited again under the Ordinance. Attorney Ryan clarified that the cases would be initiated by the Code Enforcement Officers and not by his law firm. Mayor Chunn opened the public hearing. Charlene Scalese opposed the Ordinance based on the potential for county court to be over loaded with municipal Code Enforcement matters that should be dealt with at the local level. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes clarified that Code Enforcement is supposed to be used for compliance and not as a revenue source. He pointed out that some previous City Commissioners had almost taken an elderly couple's home away from them over an overgrown hedge. Commissioner Mikes agreed that the Ordinance has been amended with some checks and balances and improved considerably from the first reading. Commissioner McElyea mentioned his efforts to help the couple mentioned by Commissioner Mikes on SW 4tn Street to clear the property of derelict vehicles and that the penalties were reduced once receipts were provided to show improvements back into the property. Attorney Ryan advised that the intent of the Ordinance is not to generate revenue but provides for a single fine to be levied by a judge to seek compliance. Vice-Mayor Flury mentioned that there are so many opportunities for people to comply with the violations through the Code Enforcement Board process. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, 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 MINUTES 11 AUGUST 13, 2002 CITY OF DANIA BEACH • 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. (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 Gary Resnick, Weiss, Serota, et al, explained that the Ordinance provides Cable T.V. regulations in the Code, a set of general regulations governing the use of rights-of- ways, an application procedure for renewals and transfers, and franchise procedures for cable companies as well as customer service standards. Commissioner Mikes asked how soon the newly annexed area would be able to view Dania Beach City Commission meetings on Cable T.V. since they presently are on another system that airs other city meetings. Mike Tauck, AT&T Broadband, mentioned that the newly annexed area is connected to the Davie cable system that feeds from another government channel. Mr. Tauck estimated the upgrade and reconfiguration of the service for the newly annexed area to take two years. In the interim, Mr. Tauck advised that AT&T has agreed to tape Dania Beach's Commission meetings and air the tapes the following day on the governmental cable channel for the newly annexed area. Mr. Tauck advised that the time table for the upgrade will be addressed as part of the negotiations for a new Franchise Agreement. Commissioner Bertino confirmed with Attorney Resnick that the Ordinances includes provisions to protect rights-of-ways and that cable companies are required to provide "as builts" before permits are issued. Commissioner Bertino advised that there was a fiber optic company that recently left around 8 feet of cable lying across a sidewalk in the southeast section. Attorney Resnick agreed to work with City Manager Pato to contact the company to have the abandoned cable removed. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.3 AN ORDINANCE OF THE CITY 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 MINUTES 12 AUGUST 13, 2002 CITY OF DANIA BEACH EXECUTION OF THE PCS SITE AGREEMENT; PROVIDING FOR REVISIONS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Attorney Perry Adair, representing Sprint Spectrum, distributed a simulation photo of the proposed Sprint Tower in the form of a pole with an American Flag and included two fence options (Wood or PVC) along with landscaping improvements for 600 square foot of area on the Fire Station #1 property. Attorney Adair submitted a transcript from the October 23, 2001, meeting for the record and commented on Sprints actions to process a public records request to determine any deed restrictions for the tower use. Attorney Adair presented information on the service needs for the area, which prompts the installation of the tower. Attorney Adair advised that staff recommends approval of the request as all Code requirements have been met. Attorney Adair projected the Fire Station #1 property to generate $793,582 over the term of the lease and up to three co-locators to pay $661,319. The initial term of lease is five (5) years with three five (5) year automatic renewals for a total term of 20 years. At this time, Oliver Fibal, Principal RF Engineer for Sprint Spectrum, testified that Attorney Adair had explained Sprints' RF coverage requirements correctly and was available to respond to any questions by the City Commission. Laurence Leeds, Growth Management Director, advised that two fence designs have been presented and that Fire Chief Land recommends the white PVC fencing. Vice-Mayor Flury stressed the importance of the City gaining significant revenues for the use of the property by Sprint and pointed out that the tower cannot even be seen from the street. Mayor Chunn opened the public hearing. Faye Bartelmes, 214 SW 2 Terrace, opposed the Sprint lease of City property and stressed the importance of not using wood fencing. Commissioner Bertino requested that the City be provided with Sprint's overall insurance policy and clarified with Sprint representatives that they are responsible for the maintenance of the tower installations as outlined in the Ordinance. He no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded b Commissioner Bertino, adopting the Ordinance on second 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 9.4 SP-54-01 — A Site Plan request by Union N. Bethel for construction of a one story duplex, for property located at 4634 and 4638 SW 32Id Avenue, Dania Beach. . A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY UNION N. BETHEL, FOR PROPERTY MINUTES 13 AUGUST 13, 2002 CITY OF DANIA BEACH LOCATED AT 4634 & 4638 SW 32ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the rest of Public Hearing items 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. Attorney Ansbro asked all those individuals wishing to speak on the Public Hearing items tp stand and he then administered an Oath to all. Laurence Leeds, Growth Management Director, advised that the applicant has revised the Site Plan to show a one story duplex and that all Code requirements have been met and that staff recommends approval. Michael Snyder, 4000 Hollywood Boulevard, Suite 455S, representing Union N. Bethel, explained that the lot is 75' x 290' and that there are currently 14 mature trees that will remain on the site. He stated that the proposed duplex meets all Code requirements and that they are not requesting any variances. Vice-Mayor Flury questioned Mr. Leeds on the Site Plan approval process. Mr. Leeds advised that all Site Plans with additions over 500 square feet, all duplexes, and all commercial and non-residential projects must come before the City Commission for approval, except single family homes. Vice-Mayor Flury was of the opinion that applicants should not have to go through the extensive Site Plan process if they meet all Code requirements. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Bertino was concerned that the owner might have the ability, in the future, to subdivide the land and build another duplex type structure based on the odd configuration of the land. City Attorney Ansbro stated that the property is approved for up to five (5) units. Mr. Leeds clarified that the owner would have to come back before the City Commission to build two (2) more units and he would also have to meet the requirements of the Broward County Health Department. Discussion ensued on whether sewer service was provided in the area and there not being enough room to install a septic tank for another duplex. Commissioner Mikes stated the importance of having duplex reviews come before the City Commission and pointed out that because of the reviews some duplex projects have been altered to single family homes, which is better for the community. Commissioner Mikes complimented the petitioner for improving the design of the duplex. A motion was made by Commissioner Bertino, seconded Commissioner Mikes, adopting the Resolution (SP-54-01). 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 9.5 ZA-45-02 -Request by Tamara Wohl, Dania Plaza Inc., for a zoning appeal, for property located at 56 North Federal Highway, Dania Beach, Florida, appealing the is decision of the Growth Management Department that: MINUTES 14 AUGUST 13, 2002 CITY OF DANIA BEACH 1) A playhouse must provide parking on a 24 hour basis when the playhouse will offer performances only after 7:00 PM, Monday through Friday, and after 12:00 Noon on Sundays, when retail stores and other uses sharing the same parking areas will be closed. 2) Parking shall be located on the same lot when sufficient parking is available both on-site and within 100 feet (by the same property owner) by means of an existing sidewalk that does not cross any public streets. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY TAMARA WOHL, DANIA PLAZA INC., FOR PROPERTY LOCATED AT, 56 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth"Management Director, explained the location of the site and advised that the applicant has requested the two appeals based on the premise that the retail and playhouse uses will not be operated at the same time, and, as such, it is not necessary to provide 100% of the parking for both the retail and theatre uses simultaneously based on the following: ® Theatrical performances open to the public will only be offered after 7:00 p.m. Monday-Friday and after 12:00 noon on Sundays. © Retail stores and other uses will not be open at the same time as when public theatrical performances are offered. Mr. Leeds advised that staff is supporting the appeal with several conditions as outlined in his staff memorandum. Mr. Leeds pointed out that the parking lot is one-way in off of Federal Highway with an exit off of NE 1st Avenue. BSO has presented a concern that north bound right turns into the parking lot may cause, during the theatre assembly times, potential for rear end accidents BSO is more concerned with left hand turns southbound especially in the evening hours. BSO is suggesting a reversal in the flow of the traffic by bringing the traffic around the back on 1" Avenue for an "Exit Only/Right Turn Only" onto Federal Highway with a "Right Turn Only". Discussion followed regarding a dance studio in the back of the building and the availability of 35 parking spaces with a maximum of 90 seats being permitted as recommended. Benjamin Wohl, co-owner with Tamara Wohl, commented on his family's involvement in the community and other properties in downtown Dania Beach. He introduced Linda and Allan Grossman and mentioned that the site was originally the old Dania Theatre built in 1925. Mr. Wohl advised that the Zoning Appeal is for the parking and he mentioned that a dance group exists currently and that the theatre use would be consistent. Mr. Wohl pointed out that it would be more appropriate to have the traffic exit off of 1"Avenue rather than Federal Highway and stated that this was worked out with City staff a few years ago and no problems have occurred. In addition, the Grossman's are only going to be doing productions in the evening and they are only applying for 49 seats at this time. Linda Grossman advised that "On the Boards Theatre Company. Inc. is a 501 C3 Non-profit . organization that is registered with the Florida Consumer and Agricultural Department and has been in existence for two years. She mentioned that they have conducted theaters in MINUTES 15 AUGUST 13, 2002 CITY OF DANIA BEACH Hollywood, Davie and Sunrise and would like to locate in Dania Beach. Ms. Grossman was hopeful that the theatre would be successful and that expansion could be addressed in the future. Ms. Grossman confirmed for the City Commission that the plays are family oriented. Vice-Mayor Flury was pleased that the theatre use would be a nice addition to the downtown area and stated her objection to the first two (2) conditions as presented by Mr. Leeds. Vice- Mayor Flury could not understand the restriction to conduct the business on Saturdays and stressed the importance of the City encouraging business in the downtown. Mr. Wohl advised that he was not aware of the conditions until tonight and agreed that business should be encouraged in the downtown. Commissioner McElyea advised that there were other theatre groups that were fairly successful in the downtown area of the City in the past. Commissioner Mikes agreed that the conditions, as presented, were too stringent. He asked Mr. Leeds about the retail stores that would be creating a conflict with the proposed theatre use. Mr. Leeds explained that antique stores were located in the front of the building and also the building to the south. Mr. Leeds stated that the conditions were included because the City's Parking Code does not allow for mixed use. These conditions could be removed at a later date. Mr. Leeds stated that he has contacted persons within 300 feet of the use and no one has presented any objection. However, Mr. Leeds did ask that the BSO traffic issue be addressed. Discussion followed on the parking problems in the downtown and Mr. Wohl was of the opinion that ample parking exists to accommodate the theatre use. Mayor Chunn opened the public hearing. Faye Bartelmes, 214 SW 2 Terrace, supported the theatre business and need to encourage business in the downtown. She suggested that the Methodist Church be contacted to see if parking could be leased. Morris Stowers, Director of the Chamber of Commerce, supported the Zoning Appeal. Fred Massemila pointed out that businesses stay open at night in Coconut Grove when the Theatre is operating even though parking is also a problem and that the use is generally good for business. Cecil Smart recommended approval with few restrictions as possible as a way to move forward in the City. Chantal Gagnon supported the use with few restrictions as a way to encourage revitalization of the downtown. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded b Commissioner Bertino, adopting the Resolution (ZA-45-02) with the following conditions: (1) Approval shall be limited to "On the Boards Theatre Company. Inc." (Alan and Linda Wells-Grossman); (2) Applicant shall obtain a Certificate of Occupancy within 12 months. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes MINUTES 16 AUGUST 13, 2002 CITY OF DANIA BEACH Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.6 ZA-40-02 — Request by David Zelch, Architect for American Maritime Officers (AMO), for a zoning appeal, for property located at 2 West Dixie Hwy, Dania Beach, Florida, appealing the decision of the Growth Management Department that: 1) Reconstruction of the former restaurant is not allowed under Article 8: "Nonconformities" of the Zoning Code (Article 8 prohibits the reconstruction of a non- conforming structure when more than 75% of the floor area becomes unusable or unsafe due to damage). 2) Requesting City Commission approval to provide approximately 20% window glass (35% window glass area required unless waived by the City Commission due to finding there are circumstances peculiar to the site and/or the intended use). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT FOR AMERICAN MARITIME OFFICERS (AMO), FOR PROPERTY LOCATED AT 2 WEST DIXIE HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the Zoning Appeal is for the Renovation of the former "Marine Training Facility" located at the NW corner of Federal Highway and Dixie Highway and that the second item is for a waiver request to provide 20% window glass instead of the 35% requirement. Mr. Leeds explained that Article 8 of the Zoning Code was intended to apply to properties that are damaged by catastrophic events and that the Section needs to be rewritten and updated to provide more appropriate requirements. Attorney Susan Delegal, representing AMO, advised that David Zelch, Architect for American Maritime Officers, has been sworn in. Attorney Delegal agreed with Mr. Leed's interpretation that inconsistencies exist within the terminology of Article 8 in regards to non- conformities. She addressed the setback requirements and Mr. Zelch presented a location map and described the improvements being made to renovate the existing building on the AMO campus. Attorney Delegal pointed out that additional green space was going to be added on the front of the building and that the existing wall will be moved back. In regards to the deviation of the Principal Arterial Commercial Design Guidelines, all conditions of the Code will be met with the exception of the 20% window glass requirement. She commented on the location of the site being very busy and that the 35% requirement presents a security concern and that other architectural enhancements will improve the area significantly. Commissioner Bertino was of the opinion that more than 75% of the existing floor area of the building had been destroyed. He inquired as to whether new timbers had been installed in the roof area due to a fire that took place a number of years ago. Commissioner Bertino was not opposed to the 20% glass window request. Commissioner Bertino commented on the need to move the building back farther from the Dixie Highway to reduce the concrete appearance and provide more green space. Vice-Mayor Flury pointed out that the building has existed for 27 years and that something should have been done with the building long before now if it was so unsafe. She expressed MINUTES 17 AUGUST 13, 2002 CITY OF DANIA BEACH her dissatisfaction with the City's requirements that impose undue financial expense and time to obtain approvals when the building should have been built three months ago. Vice- Mayor Flury was supportive of the building design presented and felt the project should go forward even though there is only a 6 foot setback. Commissioner McElyea advised that a Royal Castle used to be located in the existing building and that the City's southwest section used to be in deplorable condition had it not been for the development of the American Maritime Officers School. Laurence Leeds, Growth Management Director, advised that City Attorney Ansbro provided a legal opinion that based on the language in the zoning code AMO could not restore the building without the applicant applying for and obtaining an appeal. Mr. Leeds clarified that he supports the appeal and based on the City Attorney's opinion he brought the appeal before the City Commission. Mr. Leeds agreed that City Attorney Ansbro should prepare an amendment to Article 8 so as to pattern it after the Building Code to reduce delays on petitioners. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Bertino clarified that the building was allowed in the unsafe condition based on the grandfather clause, however, the City now has the opportunity to move the building back farther and provide more landscaping to make it a better development. Commissioner Bertino agreed with Commissioner McElyea that MEBA has done an outstanding job of improving the area. Annette Hibbits advised that there is plenty of property in back of the building to move the building back. Vice-Mayor Flury advised that AMO was in the middle of finishing the construction when someone decided that AMO had to be delayed to come back before the City Commission to make a determination on the Zoning Appeal. Commissioner Mikes advised that AMO has purchased a significant amount of property in the Southwest area and that many of the residents are not sure if they are living in a commercial district. He stated that AMO acquires all the properties and then the property is taken off the tax rolls because it is defined as school use. Commissioner Mikes felt that AMO should not get special treatment and that the City Commission has a responsibility to make sure that AMO is paying the right amount of taxes. Commissioner Mikes expressed concern for visibility with the building being so close to the street and that it is irrelevant to discuss why AMO had to process a Zoning Appeal. Attorney Delegal stressed AMO's desire to cooperate with the City and clarified that permits had already been issued for the construction when they were notified to process the Zoning Appeal. Attorney Delegal stated that it is not feasible to move the building back and, from a legal standpoint, she did not believe that the reconstruction provisions apply to the renovation as outlined in Article 8. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution (ZA-40-02). The motion passed on the following 3/2 roll call vote: MINUTES 18 AUGUST 13, 2002 CITY OF DANIA BEACH Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-no 9.7 ZA-44-02 — Request by Richard Black, representative for the International Gaming Fish Museum (IGFA), for a zoning appeal, for property located at 300 Gulstream Way, Dania Beach, Florida, appealing the decision of the Growth Management Department that: 1) The outdoor display of alligators for public exhibition is not a permitted use in an IROC (Industrial Research Office Commercial) Zoning District. 2) A 12 foot high metal chain link fence is not permitted in an IROC Zoning District. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY RICHARD BLACK, REPRESENTATIVE FOR THE INTERNATIONAL GAMING FISH MUSEUM (IGFA), FOR PROPERTY LOCATED AT 300 GULFSTREAM WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the request is to display four (4) alligators with a 12-foot high chain link fence (no barbed wire) in an area that includes a portion in a wetland. Mr. Leeds commented on the potential for safety concerns. Richard Black advised that the has a permit from the State to display 12 alligators. Four (4) feet of the fence would be submerged under water and there would also be rock that would prevent the alligators from going underneath the boardwalk and getting out into a dangerous area. There is a mote around the area to the entrance to Sportsman's Park that prohibit someone from vandalizing the area because they would have to swim before they get to the alligators. The fence will also be building on a 45 degree angle and he has the support of his insurance company, Bass Pro Shops and new Courtyard Marriott, proposed to be built near the site. The alligators are expected to be between 8 to 9 feet and they will be coming from the Billy Swamp Safari, Seminole Indian Village and Mr. Black advised that children would be coming from the tri-county area to see the display. Commissioner Mikes thought the alligators would be provided a natural environment and that students from urban areas would have the opportunity to view this type of animal. He commended IGFA for efforts to protect the wetlands area. 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 Resolution (ZA-44-02). 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 19 AUGUST 13, 2002 CITY OF DANIA BEACH 10. COMMISSION COMMENTS: lei 10.1 Commissioner Bertino encouraged safety with children going back to school next week. 10.2 Commissioner McElyea advised that after riding in the Citizens On Patrol program this past week he felt there is a need for an additional Code Officer be hired in the upcoming budget. Commissioner McElyea advised that there are a number of street lights out in the City and that citizens only have to call FPL with the tag number from the street light to get it repaired. 10.3 Commissioner Mikes mentioned that a letter was received from a citizen who complimented Mike Sheridan for stopping to pick up a palm frond in the street. He mentioned that employees should take the extra time to help in situations like this and that the employees who cut grass should also pickup beer cans and debris that are scattered in the medians. He asked City Manager Pato to have a few Buttonwood trees set back up that had been blown down by a storm last week that are located on Griffin Road near the tracks going to Federal Highway. He mentioned that the new entryway sign into Dania Beach near Griffin and Federal is coming along very well. 10.4 Vice-Mayor Flury requested information on the schedule for the landscaping installations for the street closures. Mike Sheridan, Public Works/Utilities Director, provided a power point presentation on the ® landscaping improvements being installed for the street closure at SW 4th Avenue and Dixie Highway. Mr. Sheridan advised that the majority of the work has been installed by "in- house" staff and that a landscape company was involved to help with the plantings. There are no walls proposed and an F-type curb will be installed. Mr. Sheridan advised that the neighborhood would be allowed 30 days to view the plantings and, once the City receives the approval, they would contact FEC and FDOT for approval for the street closures along Sheridan Street. Vice-Mayor Flury requested that Mr. Sheridan move forward with obtaining FEC and FDOT approvals now to reduce delays in the projects and Mr. Sheridan advised that the final approval must be obtained from the neighborhood associations before FEC and FDOT will issue their final approval. Vice-Mayor Flury expressed concern that the standing water at the Walgreens at Sheridan Street and SE 5th Avenue could be breeding mosquitoes and presents a health concern to the community. Mr. Sheridan advised that FDOT issued the permit for the project and that he has been trying to deal with the FDOT Engineering Department to take responsibility. Mr. Sheridan advised that a $27,000 drainage study was conducted on several areas in the City and that he would be meeting with FDOT on the 20" to address the drainage issues. 10.5 Mayor Chunn thanked BJ's, Publix, Winn Dixie, Kmart, and the Dania Beach Fire Department for their assistance with the Fish Fry that raised around $1,200.00. The money is placed in a City Fund and the money is used to provide assistance to children in Dania Beach. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by staff to confirm the retroactive date of September 15, 2001, as the MINUTES 20 AUGUST 13, 2002 CITY OF DANIA BEACH • beginning date of the Lake Maintenance Agreement with Estates of Fort Lauderdale. (City Attorney) A motion was made by Vice-Mayor Flury, seconded b Commissioner Bertino, approving the retroactive date of September 15, 2001 for the Lake Maintenance Agreement with Estates of Fort Lauderdale. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 11.2 Request by Manuel Synalovski, AIA, representing Kanoni Real Estate Co., Inc., for approval of a Tree Removal and Relocation Plan relating to construction of a Single Family Home (Vlachos Residence) at 3930 SW 561h Street (Southeast corner of SW 56" Street and SW 40th Avenue— Lot 11 Oakdale Section 2 Subdivision).(Staff) Laurence Leeds, Growth Management Director, recommended approval of the Tree Removal and Relocation Plan with the understanding that the petitioner would pay $2,700 to the City's Landscape Fund and any costs for the consultant to inspect and review the site. He reported that property owners have not registered any opposition. Manual Synalovski was present to respond to questions and agreed to the conditions mentioned by Mr. Leeds. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Tree Removal and Relocation Plan with the conditions presented by Mr. Leeds. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 12. APPOINTMENTS: 12.1 Appointment of one (1) member to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Bertino appointed Arthur A. Manzino to the Airport Advisory Board. 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." "MINUTES 21 AUGUST 13, 2002 CITY OF DANIA BEACH 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. Commissioner Bertino appointed Frederick J. Keller to the Dania Economic Development Board. 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." Commissioner Bertino appointed Terrell E. McCombs to the I.T. Parker Community Center Advisory Board. 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 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 MINUTES 22 AUGUST 13, 2002 CITY OF DANIA BEACH ® AN EFFECTIVE DATE." Commissioner Bertino appointed Cheryl Kirz to the Parks, Recreation and Community Affairs Advisory Board. 12.8 Appointment of one (1) member to the Planning & Zoning Board. "A RESOLUTION OF THE CITY.OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PLANNING & ZONING ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.9 Appointment of 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." A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting all Resolutions approving the appointments as submitted by Commissioner Bertino. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager—August 14, 2002, 7:00 P.M. —Workshop— Pay & Classification Study September 10, 2002, 6:00 P.M. —Proposed Budget Hearing September 19, 2002, 6:00 PM —Abatement Hearings Meeting September 23, 2002, 7:00 PM — Final Budget Hearing City Manager Pato advised that September 10 is election day. City Clerk Johnson advised that the September 10, 2002, Proposed Budget Hearing date cannot be changed as it has been reported to the Broward County Tax Assessors Office along with the 6.39 "not to exceed" millage rate. City Manager Pato reported that he would be out of town August 22 and 23 and thanked the City Commission for their support during the budget process. He advised that Patty Varney, Finance Director, was reviewing the budget concerns presented by the City Commission at the last budget workshop. City Manager Pato reported that Kristen Jones had been assigned Acting Parks & • Recreation Director. MINUTES 23 AUGUST 13, 2002 CITY OF DANIA BEACH 13.2 City Attorney- no comments 14. ADJOURNMENT This meeting was adjourned at 11:00 p.m. 7RyobrtH. Chunn, Mayor Attest: o Charlene Johnson City Clerk Approved: August 27, 2002 • MINUTES 24 AUGUST 13, 2002 CITY OF DANIA BEACH