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HomeMy WebLinkAbout1366 - MINUTES - City Commission MINUTES • DANIA BEACH CITY COMMISSION REGULAR MEETING OCTOBER 8, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Pastor Ronald Scott, Restoration Outreach Center 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: Mayor Chunn requested that those citizens who wish to speak on the street closure issue limit their comments to 3 minutes. 4.1 Janet Peterson, 717 SW 4 Terrace, opposed the street closures on behalf of the College Gardens Neighborhood Association and neighbors living in the area of SW 2"d Terrace and SW 11th Avenue. 4.2 Charles Williams, 712 SW 2 Terrace, opposed the street closures and commented on the traffic problems with people backing down the street should the streets be closed. 4.3 Ruth Phillips, 705 SW 2 Terrace, opposed the street closures and expressed concern that due process was not provided to the neighbors and the ability for emergency vehicles to turn around should the streets be closed. 4.4 Tony Moultry and Mrs. Benny Moultry, 220 SW 11 Avenue, opposed the street closures. Mr. Moultry presented pictures of the streets closed with barricades and stated that drug crimes have not been occurring on the street and that the majority of traffic is residential. Mrs. Moultry stated that vehicles will most likely have to turn around in her driveway, which would cause tremendous problems for their residence. • MINUTES 1 OCTOBER 8, 2002 CITY OF DANIA BEACH Vice-Mayor Flury clarified that the temporary barrels would not be the permanent street closures. 4.5 Howard Blackmon opposed the street closures and stated that he had not witnessed any drug crimes on the street in 36 years living on the street. 4.6 Veta Mae Peterman, 732 SW 2 Place, opposed the street closures and questioned whether there were any police reports on drug crimes in the area. Chief Bryan Cowart, BSO, presented statistics on calls for service for the residential area bound by south of Stirling Road, west of Phippen/Waiters and on SW 12 Avenue, SW 11 Avenue and SW 2"d Terrace and SW 2"d Place. Chief Cowart advised that in 2001 there were 74 calls within the targeted area that consisted of alarm calls, sick or injured persons, lost property or missing persons. Of the 74 only three were criminal related activity and none of the calls were drug related. From January 1 through September 23, 2002, there were 47 service related calls and only one call related to criminal activity and none of the calls were drug related. Vice Mayor Flury pointed out that Commissioner McElyea had recorded drug crimes on his security cameras from Macs Towing. Chief Cowart advised that he visited Mac's Towing yesterday, however, he has not viewed the video tapes. 4.7 Merita Mitchell, 710 SW 2 Terrace, supported the street closures. She advised that there is heavy traffic problems from trucks, buses etc and that drug traffic is also ongoing on the streets. She mentioned her involvement and support of her community and that prevention is the key. Ms. Mitchell stated that the street closures will help reduce the traffic and drug problems currently ongoing on the streets and can increase property values and that the street closures can be designed to accommodate the use of medical emergency vehicles in the area. 4.8 Attorney Yolanda Cash-Jackson, Becker & Poliakoff, P.A., introduced Attorney Keith Poliakoff and advised that the firm was representing members of the College Gardens Homeowners Association. Attorney Cash-Jackson stated her desire to place some issues in the record for purposes of appeal. Attorney Cash-Jackson agreed that the City Commission has the authority to close the street in accordance with Chapter 316 of the Florida Statutes, however, it was her opinion that the manner in which the City Commission took action to close the streets was procedurally deficient. The closing of the street should have been done by a Resolution or Ordinance and it was not handled this way on September 10th. She pointed out that in accordance with Chapter 166 of the Florida Statutes certain notice and public hearing requirements are necessary and that Section 1 of the City's Charter determines that a provision for disposition of a particular item or official legislative action must be enacted by Resolution or Ordinance and must be presented in writing. Attorney Cash-Jackson stated that it is well settled by State Statute and case law that before any road can be closed a public hearing and published notice, in a newspaper of general circulation, is required (citing Bolden vs. Okaloosa County 580 Southern Second 205 Florida First DCA 1991). On September 10, without notice and based on a verbal request by one citizen, the City Commission voted 4/1 to close the street in question. Attorney Cash-Jackson was of the opinion that she established that the action was legally flawed. It was not in writing and there was no published notice and it was not enacted by Resolution or Ordinance. Therefore, Attorney Cash-Jackson stated that the action taken by the City Commission on September 10 MINUTES 2 OCTOBER 8, 2002 CITY OF DANIA BEACH was void. At the September 24th meeting, notice was published, however, Attorney • Cash-Jackson was of the opinion that further/procedural errors occurred. In fact at that meeting, your attorney correctly admonished the City Commission and suggested that the community had not been heard. He suggested to allow the community to have an opportunity to speak and to be noticed by following adopted procedure. Attorney Cash- Jackson thought the procedure appears to be legally appropriate and a viable solution at this time. On a 2/2 vote a motion was defeated to close the streets, however, another attempt during the evening was made to clarify the motion and it was named, without motion, a motion for reconsideration. Attorney Cash-Jackson stated that the September 10th vote could not be reconsidered because it was invalid on procedure grounds. Attorney Cash-Jackson stated that the City Commission is now at status quo as a Resolution has been passed and adopted which sets forth a procedure for street closure and provides notice to everyone. Attorney Cash-Jackson urged the City Commission to follow the new procedure to address the issue of closing the streets at SW 2"d Terrace and SW 11 th Avenue. At this time, Mayor Chunn moved to Item 11.3 to be addressed by the City Commission and advised that should there not be a motion to reconsider that the streets will be closed. ITEM 11.3 WAS HEARD AFTER CITIZENS COMMENTS: ITEM 5.1 WAS HEARD AFTER ITEM 11.3. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: • 5.1 BSO District 2 "Employee of the Month" for September 2002: Detective Michael Tame. Chief Cowart, BSO, explained Detective Tame's involvement with auto crimes that included a police pursuit and an apprehension of suspects. Detective Tame was awarded the "Employee of the Month" for September 2002. Chief Cowart advised that on September 21st Lt. James Fondo accepted a transfer to the north district and that District II welcomes Lt. Jim Layman as his replacement. 5.2 Presentation by Bass Pro Outdoor World. Danny Vincent, Store Manager for Bass Pro Outdoor World, announced that the Fall Family Fun Festival fund raising event for children would take place at Bass Pro Outdoor World on Saturday, October 26th and that the event was presented by the Robert Chunn Foundation and County Line Chiropractic and co-sponsored by the Dania Beach Fire Rescue & EMS, Chamber of Commerce, Dania Lion's Club, Rotary Club, Dania Beach Main Street, Jackson's Ice Cream and many more. Fire Chief Land clarified that the Fire Department was not a co-sponsor but would be participating in the event for children. Mayor Chunn mentioned that there are children that do not have school supplies or clothes and that there are also many homeless children that do not have the things that they need and that the fund raiser will help many children. Mayor Chunn advised that • Thanksgiving and Christmas is also coming up and that funds from the event may also MINUTES 3 OCTOBER 8, 2002 CITY OF DANIA BEACH provide assistance to children during the holidays. 10 (Continued from 09/24/02) 5.3 Request to renew occupational license for Dania Air-Motocross Park. (Staff) Attorney Stephen Tilbrook, Shutts & Bowman, P.A., advised that the item was continued from the September 24t" meeting in order to provide a letter clarifying the environmental concerns of the motocross operation at the site. Laurence Leeds, Growth Management Director, advised that a letter was received from Enviro Design and he read the last paragraph as follows: "It is our understanding that the site is currently used as a Motocross Park and that the site is anticipated to be developed for an Industrial Warehouse use. Based upon your representations and the client, it is also our understanding that the visitors to the site have no exposure to ground water, i.e., there are not functioning wells at the site and the users of the site have no contact with the ground water. Since you have represented that there is no avenues for the users of the Motocross Park to be exposed to the ground water, it is reasonable and logical to conclude that the ground water contamination referenced in the DEPEP Consent Order should not present an unreasonable risk to human health." Attorney Tilbrook advised that in accordance with the Site Plan there is a licensed vendor who sells hot dogs and sodas at the site. Brian Pennick explained that the property has to be sold and that he was unable to finish the park when his partner left. Attorney Tilbrook advised that this is the last year of the Special Exception and that the approval is being requested in order to operate the Motocross Park and complete the environmental clean up and then sell the property to a developer who is currently under contract. Commissioner Mikes pointed out that the project has gone on for 8 to 9 years and that many years ago restrooms were supposed to be built as part of the Site Plan approval. Commissioner Mikes stressed the importance of Mr. Pennick providing proper public health installations for the large crowds of people utilizing the Motocross Park. Mr. Pennick advised that he provides portable restrooms that he keeps very clean. Commissioner Mikes was of the opinion that Mr. Pennick should not request another continuance a year from now unless permanent restroom installations are provided. Commissioner Bertino reiterated the importance of the City being assured that there are no contaminants that would be impacting children or adults who would be using the park. Attorney Tilbrook advised that Mr. Leeds only read a portion of the letter from Enviro Design, which states that there are no wells, that no one on the site would come into contact with the ground water that is contaminated with heavy metals and that even the lake at the site is not contaminated and that standing water would not be a concern either. Mr. Pennick advised that the Surface Water Permit issued by the South Water Management District required a full inspection analysis for the permit and that the reading is below detection limit on everything other than iron. City Attorney Ansbro advised Attorney Tilbrook that the City would be relying upon the letter presented by Enviro Design confirming that users at the park would not come into contact with ground water and that the soils have been cleaned up. In addition, Attorney Ansbro advised that Enviro Design should also provide a supplemental letter stating that even if there is ground water or rain water the water would not rise up and contaminate MINUTES 4 OCTOBER 8, 2002 CITY OF DANIA BEACH anyone and that the Broward County Health Department provide confirmation that they inspect the service of food for the operation. Attorney Tilbrook agreed to provide an additional letter addressing the surface water issues. Mr. Leeds stated that this is the last year that he will support the motocross park because the land needs to be developed. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, renewing the Occupational License for Dania Air-Motocross Park for one year through October 1, 2003 with the understanding that the motocross Special Exception will expire October 1, 2003 and that this would be the last year for the motocross use and that Mr. Pennick would provide documentation from Broward County confirming that they have inspected the food service and sanitation and supplemental letter from the environmental engineers that there will be no co-mingling of the ground water with the surface water and lake at the site. 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 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: CITY MANAGER PATO WITHDREW ITEM 7.3 AS THE TRIP HAS BEEN CANCELLED. VICE MAYOR FLURY PULLED ITEM 7.6. . 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Minutes: 7.1 Approval of minutes for Special Meeting, August 6, 2002. 7.2 Approval of minutes for Special Meeting, September 19, 2002. Travel Expenditures- 7.4 September 29- October 2 — Ratification of travel for Ivan Pato, City Manager, for his attendance at the ICMA Conference in Philadelphia. 7.5 October 15 — 18 — Approval for Ivan Pato, City Manager, and Laurence Leeds, Growth Management Director, to attend the FRA Conference in Jacksonville. Resolutions — 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION 2002-165 APPROVED ON SEPTEMBER 24, 2002; IN REGARDS AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR "ILLUMINATION OF TRAFFICWAY BY INSTALLATION AND MAINTENANCE OF LIGHTING SYSTEMS AT RAVENSWOOD ROAD FROM STIRLING ROAD TO GRIFFIN ROAD"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by City Attorney — 7.8 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" AMENDING SECTION 12-5 ENTITLED • "DEFINITIONS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES 5 OCTOBER 8, 2002 CITY OF DANIA BEACH 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE REMOVAL AND DISPOSAL OF LANDSCAPING MATERIALS (SUCH AS GRASS AND WEED CLIPPINGS) FROM PRIVATE PROPERTY TO PREVENT INTERFERENCE WITH THE USE OF PUBLIC STREETS, SIDEWALKS AND STORM DRAIN SYSTEMS; AMENDING CHAPTER 17 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" TO CREATE SECTION 17-25 OF THE CODE OF ORDINANCES, TO BE ENTITLED "REMOVAL OF LANDSCAPING MATERIALS FROM PRIVATE PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, approving the Consent Agenda with the exception of Items 7.3 and 7.6. 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 PULLED FROM THE CONSENT AGENDA: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $100,000.00 FOR ACQUISITION OF TWO PARCELS • IN THE NORTHWEST COMMUNITY WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury requested that the Resolution include language that clearly defines the use of the $100,000 CDBG grant funds as the scope of work goes beyond the purchase of two inexpensive lots. City Manager Pato agreed that two properties will be purchased and that the projects are clearly identified in the agreement. City Attorney Ansbro pointed out that the Resolution includes the entire agreement as an attachment and that the Resolution is not separate or apart from the agreement outlining the grant project. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE CONSTRUCTION BID SUBMITTED BY TENEX ENTERPRISES, INC., IN is CONJUNCTION WITH THE 27T" YEAR COMMUNITY DEVELOPMENT BLOCK MINUTES 6 OCTOBER 8, 2002 CITY OF DANIA BEACH GRANT PROGRAM, FOR THE NORTHWEST BEAUTIFICATION PHASE IV PROJECT; AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE CITY OF DANIA BEACH AND TENEX ENTERPRISES, INC. FOR AN AMOUNT NOT TO EXCEED $169,125.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino was concerned that there were only two bids received on the project. City Manager Pato stated that bids were received from Tenex Enterprises, Inc. for $169,125.00 and MEF for $284,575.00. Discussion followed on the advertising and vendors that are mailed the bid notices. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9. PUBLIC HEARINGS AND SITE PLANS: At this time, 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 City Commission, in accordance with the Jennings Ruling, must report all communications. Attorney Ansbro presented the Oath to all those desiring to speak on the matters. (Continued from September 10, 2002 and September 24, 2002) 9.1 a) PL-32-02 — A Preliminary Plat request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "DANIA DISTRIBUTION CENTRE" PLAT, SUCH PROPERTY BEING LOCATED AS THE VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF DANIA BEACH BOULEVARD BETWEEN SW 12T" AVENUE (EXTENDED) AND THE C-10 CANAL , IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "DANIA DISTRIBUTION CENTRE" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) b) VA-30-02 — A Variance request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd., to provide 19% pervious area (30% required) and to allow generalized landscape variance from Chapter 26 (Vegetation) of the City Code. Vacant property bound by Dania Beach Boulevard on the north, SW 12`h Avenue (extended) on the east, the C-10 Canal on the west, and the Stirling-Levy Commerce Park on the south. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GUNSTER YOAKLEY, ATTORNEYS AT LAW REPRESETNTING DANIA DISTRIBUTION CENTRE, LTD., FROM CHAPTER 26, (VEGETATION) AND FROM CHAPTER 28 (ZONING) ARTICLE 29; FOR PROPERTY MINUTES 7 OCTOBER 8, 2002 CITY OF DANIA BEACH LOCATED ON THE SOUTH SIDE OF DANIA BEACH BOULEVARD BETWEEN SW 12T" AVENUE (EXTENDED) AND THE C-10 CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. c) SP-31-02 - A Site Plan request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd., to construct a 220,000 square foot Industrial/Office/Distribution Complex. Property bound by Dania Beach Boulevard on the north, SW 12th Avenue (extended) on the east, the C-10 Canal on the.west, and the Stirling-Levy Commerce Park on the south. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE LAW FIRM OF GUNSTER YOAKLEY, REPRESENTING DANIA DISTRIBUTION CENTRE, LTD., FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DANIA BEACH BLVD., BETWEEN SW 12T" AVENUE (EXTENDED) AND THE C-10 CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE,-DATE. Laurence Leeds, Growth Management Director, advised that the project that is being proposed is consistent with the IROM zoning with a focus on mixed use office, warehouse and distribution. Attorney Courtney Callahan,.Gunster-Yoakley, Attorneys at Law, explained that the project will include the construction of a 220,000 square foot Industrial/Office/Distribution Complex. The owner, Dania Distribution Centre, Ltd., anticipates a strong tenant market: 45% distribution, 10% office and 45% industrial showroom. Attorney Callahan pointed out the extensive buffering and landscaping that is being provided; a covered fence (proposed green) instead of a traditional concrete .wall with landscaping, and an additional 25 foot buffer along Dania Beach Boulevard. Mr. Leeds explained that the warehouse use would access from SW 121h Avenue to Stirling Road and no access to Dania Beach Boulevard in order to separate the industrial use from the residential.area. to the north: Mr. Leeds advised that the applicant has requested a variance from the 30% pervious area Code requirement. Staff suggested that instead of relocating most of the pervious area and landscaping on the site that they move most of it to the north end. In addition, the applicant is providing a minimum 65 foot building setback and a 17 foot greenbelt with Foxtail Palms against the building. All loading doors will face east.and west.on the interior of the project to provide a superior view from the residential area. The Fire Marshal and Public Works/ Utilities Director determined.that the access is adequate. Mr. Leeds stated that Michael Sheridan, Public Works/Utilities Director, worked with the applicant to mitigate the decrease in pervious. area through the use of exfiltration trenches which will be located under the parking lot. In addition, Mr. Sheridan will be addressing drainage concerns on SW 12 Avenue with the applicant. Mr. Leeds recommended approval with two conditions: (1) An 8 foot metal picket fence with no chain link painted black or forest green; (2) Dania Beach Boulevard swale area to be hydro-seeded and landscaped with appropriate material. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes stressed the importance of providing better architectural design of large warehouse buildings and to impose tougher standards on building design to MINUTES 8 OCTOBER 8, 2002 CITY OF DANIA BEACH improve building quality in the City. He suggested that Mr. Leeds drive around Broward County, Miramar or along Sawgrass Expressway and view commercial building developments. Mr. Leeds advised that he drove along 1-75 in Miramar and found that most of the commercial development is office buildings and hotels. Mr. Leeds pointed out that the City of Miramar established a set of Architectural Design Criteria where all development plans are submitted to an architect who then determines whether a project meets the requirements. Mr. Leeds pointed out that the City currently has no architectural standards, however, the City does have a 30% pervious area requirement where Miramar's is only 20% to 25%. Mr. Leeds advised Commissioner Mikes that additional architectural enhancement could be requested to make the building more attractive. In response to Commissioner Bertino, Director Sheridan explained that the exfiltration trench will allow discharge to.the C-10 Canal.and that the trench will hold the water for a certain period of time to-allow the particulates to settle out. The exfiltration trench is based., on criteria-set, by the South Florida Water. Management. District and. is underground. . Commissioner.Mikes was concerned that the exfiltration trench failed at the Publix on Sheridan Street. Mr. Sheridan advised that when these systems do not work that it is up to the City to pursue correction with the engineers who signed off on the exfiltration 'trenches. Ed Plosky, Land Planner with Craven Thompson & Project Manager, explained the exfiltration trench system to the City Commission. Commissioner Mikes was of the opinion that there should- be deeper swales and regularly bermed areas: to hold stormwater and that he has seen so many infiltration trench systems fail in the City. Vice-Mayor Flury was pleased with the development, however, she asked that another color renderings be provided for the project. Attorney Callahan agreed.to address the architecture on the buildings to articulate the facades of the buildings and.she pointed out that the emphasis was to enhance the green area and address drainage on SW 12th Avenue. Attorney Callahan agreed to work with staff on bringing back a different architectural design.on,the buildings for the Variance and Site Plan and asked that the ordinance be adopted due to the platting time frame. A motion was made by, Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the ..Ordinance (PI.32-02) 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 A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing the Resolutions for VA-30-02 and SPI-31-02 to October 22, 2002 regular meeting. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes • Commissioner Mikes-yes MINUTES 9 OCTOBER 8, 2002 CITY OF DANIA BEACH • 9.2 a) VA-40-02—A Variance request by David Zelch, Architect, representing American Maritime officers (AMO), for property located at 601 South Federal Highway, for the following: a To provide 24% pervious are (30% required). • To allow generalized landscape variance from Chapter 26 "Vegetation". © To construct a portion of the office building (stair tower) with a six foot front yard and five foot side yard setback (10 feet required). • To build an administrative office building with 48 parking spaces (54 spaces required). ® To permit:a "V" shaped monument sign containing 94 square feet in area, 71/2 feet in height (applicant is permitted a-42 square foot monument sign, 7 feet in height). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT, REPRESENTING AMERICAN MARITIME OFFICERS (AMO) FOR PROPERTY LOCATED AT 601 SOUTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 26 VEGETATION AND FROM CHAPTER 28, ZONING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) SP-40-02 —A Site Plan request by David Zelch, Architect, representing American Maritime Officers (AMO), for a proposed 15,000 square foot administrative office building, for property located at 601 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT, REPRESENTING AMERICAN MARITIME , OFFICERS (AMO) , FOR PROPERTY LOCATED AT 601 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth-Management Director, presented the Variance-and Site Plan request to construct-a,new.15,000-square foot administrative office building and meeting hall (three-story). Mr. Leeds advised that the elevation follows the Design Criteria under the Principal Arterial Design.Standards with a pitched roof and window glazing along Federal Highway and 6th Street. The first floor would include parking under the building and in the back, the second floor would be used for offices and a meeting room, and the third floor would be for offices. The building height is also consistent with the recently approved:CRA Plan: Mr. Leeds presented_setback information and advised that AMO is also asking for a V-shaped monument sign with the AMO logo. Mr. Leeds advised that the Planning & Zoning Board supports the Variances for setback and parking, however, he presented conditions that staff recommended to be attached to the parking variance. Mr. Leeds explained that the PILOT (Payment In Lieu of Taxes) Agreement would be approved by the City Attorney and recorded. The PILOT Agreement provides that should AMO attempt to take the property off the tax rolls in the future, AMO would be legally MINUTES 10 OCTOBER 8, 2002 CITY OF DANIA BEACH bound to pay the City equivalent value in taxes both from the current occupant and anyone who would take title in the future. As an update, Mr. Leeds advised that the existing AMO structure currently being demolished is delayed until AMO meets some plumbing and structure requirements. In response to Vice-Mayor Flury, Mr. Leeds explained that a concrete wall would be built in the rear to the east and that a see through metal picket fence would be added on the north. Commissioner Mikes commended AMO on the building design and mentioned that AMO has had some tax exemptions in the past on some of the properties and that the City must have revenues to cover the public safety services provided to the complex. Commissioner Bertino commended AMO for their building proposal, however, he expressed concern with the decrease in the pervious area based on the stormwater overflow that comes from SE 2"d Avenue off of Federal Highway. He recommended that more water be contained::on:.the: property. Michael Sheridan, Public Works/Utilities Director, advised,that AMO.'is required to.maintain 1" of water on.their property and that he has asked them to-take the.reduction in area and put it underground through the use of an Exfiltration System. In addition, Mr. Sheridan advised that he is working with FDOT on the storm water runoff problem from Federal Highway. Dave Zelch, Architect, agreed that the Exfiltration trench could be lengthened to increase the pervious area to 35%. Vice-Mayor Flury was not pleased with the institutional gray building color and suggested a change.in color to•match the blue.roof. Mr. Leeds advised that the Principal Arterial Design Guidelines do not require specific color requirements. Mr. Zelch advised that he has software from Sherwin Williams that provides a digital color rendition of any color made by Sherwin Williams and that he would be willing to review a color change as long as AMO agrees. Jerry Lackey, Executive Assistant to the President of AMO, agreed to consider other colors, however, because AMO operates by consensus, he pointed out that it might take some time to make a change to the color. In regards to paid taxes on the property, he assured the City that AMO.pays $38,000 in real estate taxes. Discussion followed on the classrooms being exempt from taxes in the past. Mayor Chunn opened-.the public.hearing. Faye Bartelmes; 214 SW 2 Terrace, agreed that the building should have a different color. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolutions. approving the VA-40-02 and SP-40-02 subject to the following conditions: (1) Office building may be used only by AMO and its affiliate organizations will not be open to the public and will not be rented out to organizations not affiliated with AMO. Meeting room attendees must park across the street at the school. (2) Contribution of $5,900.00 to city landscape fund for the removal of six (6) ® existing Black Olive Trees. (3) Provide the required hedge along the north perimeter next to the MINUTES 11 OCTOBER 8, 2002 CITY OF DANIA BEACH • landscape spaces. (4) Provide the following tree and hedge specification requirements: 1) Eleven 14 foot tall trees with a 7' spread and 2" DBH 2) Six 12 foot tall trees with a 5'-6' spread and 2" DBH 3) All hedges require 2' height x 2' spread x 2' on center spacing. (5) Enter into a Payment In Lieu of Taxes Agreement prior to issuance of a building permit. (6) AMO shall resubmit a color rendering to the City Commission•for approval of the colors only. (7) AMO shall provide up to 30% of runoff through the use of an exfiltration trench. 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 SP-13-02 — A Site Plan Modification request by Gary Posner, Treasure Cove Associates, Ltd., for approval to modify a site.plan to allow a concrete slat wall without footers, for property located at SW 45th Street and SW 27th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY TREASURE • COVE ASSOCIATES, LTD, FOR PROPERTY LOCATED AT SW 45T" STREET AND SW 27T" AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.. Laurence Leeds, Growth. Management Director, advised>that when Mr. Posner was approved for the Site Plan the approval conditions-did°not-require a concrete-wall with a 1 foot footer. However, some residents felt that the wall was needed to hold back the water runoff. Mr. Posner agreed to build. a concrete wall which consists of concrete horizontal slats with poles, however, there is no footer. The site was approved with 39% pervious area (40% required) and the applicant submitted,some calculations to address the drainage on the site. Michael Sheridan; Public-.Works/Utilities Director, advised.that Mr. Posner-has agreed to work with the City's Consultant, Chen &Associates, and his own engineer to connect the drainage from the exterior road that fronts the western side to the property to the existing catch basins within the new project. Mayor Chunn opened the public hearing. Karen Gottlieb, 4473 Treasure Cove Drive, was concerned that there would be a continuous mud slide and recommended that the footer be provided to hold back the stormwater. Ben Chen, Chen & Associates, pointed out the western street that runs north and south and advised that two catch basins are blocked by a berm. Mr. Chen advised that Mr. Posner and Craven Thompson agreed to remove the berm so that the ® drainage from the street could flow into the two catch basins and that the two catch basins are lower than the street and that the problem should be solved. Mr. Sheridan MINUTES 12 OCTOBER 8, 2002 CITY OF DANIA BEACH advised that all of the regulations set down by all of the permitting agencies have been met by Mr. Posner. Ms. Gottlieb stated that Mr. Posner buried her a/c unit and sodded the side of her house and that Mr. Posner is still suing her and has cost her over $10,000.00. Peter Quinn, 4487 Treasure Cove Drive, advised that his unit is going to be near one of the catch basins and that he felt the drainage problem was being handled. Jennie Valetti; 4483 Treasure Cove Drive, expressed concernthat there would continue to be drainage problems because the Treasure Cove one-story villas sit lower than the new town home development. She mentioned that Mr. Posner only gave,them a choice of Ficus hedge and that.the residents didn't want.the Ficus because of the root problems with the infrastructure and that there is a need for additional foliage. Discussion followed on whether or.not Oleander or Coca Plum would be better. Faye Bartelmes,recommended:Cocoa Plums: and stated that Mr. Posner agreed to install the wall with.the!footer when he was approved for the project. Annette Hibbits, 30 SW 11.Street, pointed out that Ficus hedges should be outlawed based on the damage that the hedges do to property. Joe Dimico mentioned that the,water used to sit on the property and that the new drains would help the drainage,problem. Gary Posner, developer, presented pictures of the wall with horizontal slats and explained that the posts are cemented into the ground and that the wall passes the hurricane code requirements and matches the other walls in the development. The residents in the villas had, asked him not to install landscaping in front of the wall, however, he agreed to install landscaping if they desire. Mr. Posner commented on the drainage improvements and mentioned that he was required to bring the elevation up to 8 feet in accordance with,City Code. In regards to Ms.•Gottlieb's-unit, Mr. Posner agreed to move her wall and square it off after the other wall is constructed.and not to install the sod if she doesn't want it. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes agreed that with the footer the drainage would be held on site and that there seems to be some confidence in the drainage system, however, he wanted to know if Mr. Posner could be forced back to a footer system if it doesn't work. Director Sheridan advised.that if the drainage does not work, the City would pursue the engineer and developer and force them to fix the problem as they still have the liability. Mr. Sheridan also mentioned that the developers must obtain a.renewal on their Stormwater Permit and that the City could pull the permit until the drainage problems are fixed even though the engineering design is correct. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting the Resolution approving the Site Plan Modification subject to (1) Straightening the wall at the northwest corner; (2) Remove the sod; (3) Install the drainage basins; (4) Plant Coco Plums (2 ft. in Center) on exterior of the wall. The motion passed on the following 4/1 roll call vote: MINUTES 13 OCTOBER 8, 2002 CITY OF DANIA BEACH • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-yes Commissioner Mikes-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino asked that Mr. Sheridan look into the fiber optic cables that have been left in the southeast area off Dania Beach Boulevard and to make sure the City is control the installations. Commissioner Bertino;stressed the importance of pursuing rezoning on Griffin Road to provide good development and protect residential homes in the future. 10.2 Commissioner McElyea advised that there are street lights out at the Beach and a "For Sale" sign near:the volley ball nets. Commissioner McElyea asked for an update-on the painting of the bridge on Lake Shore Drive and asked for clarification on who owns the-fence on Park Roadas.:the Estates of Fort Lauderdale Mobile Home Park may not be the owners and Code Enforcement-has cited them. Director Sheridan agreed to look into the matters. 10.3 , Commissioner Mikes mentioned that the mural at Grampas is looking good and was glad that the Site Plan was sent back onto Dania Distribution Center for a higher . quality building. Commissioner Mikes commented on State Revenue funding that was discussed at a League of Cities Board meeting recently and was concerned that grants may not be as readily available to cities after the elections. 10.4 Vice-Mayor Flury mentioned that it was agreed that the bathrooms would remain open until dusk.at the.beach and she knew that Director.Jones had recently been on vacation. City Manager Pato advised that someone- reverted back to closing the bathrooms earlier but that the bathrooms will be open at the beach until dusk. Vice-Mayor Flury clarified:that no drinking:is allowed at the beach, however, someone issued a permit: for drinking:at, the beach fora wedding event. City Manager Pato advised that-he signed off on the event based on a recommendation by previous Parks & Recreation Director, Randy Wilkinson. Laurence Leeds, Growth Management Director, advised that,past practice allowed for one-day events for the sale of alcohol with permission by the City Commission. City Manager Pato advised.that Harbor Grille requested.an extension of:one hour for their Extended Hours License. 10.5 Mayor Chunn requested consideration on whether or not Mr. Zucker, Harbour Grille, could be extended 2 hours on his extended hours license for the boat regatta. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, to • extend the License for Harbor Grille from 2:00 a.m. to 4:00 a.m. on Monday, Columbus ' Day with the understanding that additional BSO officers would be provided to assure no MINUTES 14 OCTOBER 8, 2002 CITY OF DANIA BEACH parking in the residential neighborhoods and the band be toned down by 2:00 a.m. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Commissioner Bertino clarified that businesses with the extended hours licenses are supposed to shut down business at the 2:00 a.m. or 4:00 a.m. time frame and that all people must leave the place of business. Attorney Ansbro concurred. 11. DISCUSSION,AND POSSIBLE ACTION: 11.1 Request for clarification on advertising colors permitted on benches as it relates to the Bus Bench:contract with Martin Outdoor Media. (City Attorney) Scott Martin, Martin Outdoor Media;.mentioned that he understood that the City wanted all text on the bus benches to be green and white,.however, he is receiving requests for advertising from businesses who desire to include the colors of the company logos. Commissioner Mikes mentioned the need to present a conformity within the City with all signage and to leave the colors only green and white. The City Commission generally agreed that all advertising text, all logos and pictures would only be green and white on the bus benches and no black and white pictures ® would be allowed either. 11.2 Request by the Dania Lions Club to waive the fees.for the use of the I.T. Parker Community Center on November 17, 2002, from 3:00 PM to 10:00 PM. (Staff) Vice-Mayor Flury recommended that staff call the .members on the I.T. Parker Committee prior to the meeting so that they can obtain a quorum and the City Commission generally agreed to refer the request back to the I.T. Parker Community Center Board. ITEM 11.4 WAS HEARD,AFTER.ITEM.11.2. ITEM 11.3 WAS HEARD'AFTER CITIZENS COMMENTS: 11.3 Possible reconsideration of Motion that passed on a 4/1 vote on September 101h closing:the streets at SW 2"d Terrace and SW 11th Avenue. (Staff) Commissioner McElyea advised that he_requested the street closure matter to be placed on the September 24th agenda in order to provide a.public hearing on the matter since several residents expressed opposition after the streets were closed. Commissioner McElyea explained that he was under the impression that residents who signed the petition wanted the streets closed, which was why he voted to close the streets on September 10th. He supported a rehearing based on citizens now stating that they were misinformed about the petition intention. . A motion was made by Commissioner McElyea, seconded by Mayor Chunn, to reconsider the Motion that passed on a 4/1 vote on September 10th closing the streets at MINUTES 15 OCTOBER 8, 2002 CITY OF DANIA BEACH SW 2"d Terrace and SW 11th Avenue. ( The Motion was later withdrawn by iCommissioner McElyea) Commissioner Mikes requested that City Attorney Ansbro respond to the comments presented by Attorney Cash-Jackson. Attorney Ansbro stated that he respectfully disagreed with Attorney Cash-Jackson based on a provision in Chapter 316 "Uniform Traffic Control Law"that says nothing will prohibit the City Commission within its reasonable exercise of police power to close streets to govern health, safety and welfare of a community. Attorney Ansbro advised that there are 25 things listed in Chapter 316 and that there is no requirement for a public hearing or a Resolution or Ordinance to close the street. Attorney Ansbro stated that it may not be legally required to hold a.public hearing, however, it might be advisable for a public hearing to be conducted when it is technically something.that is affecting a community. There was a 4/1-vote,to close:the:streets and.then Commissioner McElyea requested that the item be%placedd back on the September-24th meeting even though it did not follow Roberts Rules of,Order,precisely as pointed-out by Commissioner Bertino..ln addition, Attorney Ansbro pointed out,that Commissioner Mikes .had commented after the.vote was taken on September..1 Oth. to close the street that a public hearing should be conducted. Attorney Ansbro recommended to the City Commission that they provide an opportunity for the people to speak and that the issue be reconsidered and sent through the new Street Closure Procedures even though the steps are not legally required. He clarified that a motion to reconsider can be addressed and the people can talk or the City Commission can leave the 4/1 vote to close the streets. Commissioner Mikes mentioned his concern that business was conducted under the Citizens Comments section and that a process should be followed providing a public hearing to be advertised. He agreed to support the motion to reconsider. Commissioner McElyea questioned whether it follows the Roberts Rules of Order since this is now the third meeting: City Attorney Ansbro was of the opinion that the City Commission met Roberts Rules of Order when they brought.the street closure issue back up at the September 24th meeting and that,the City Commission is on solid ground to send the street closure through the Street Closure Procedures. Commissioner'_'Bertino stated- that since there was no motion to reconsider on September 24th;:the' motion to continue the•item to October 8th was out of order since there was no motion to reconsider in the first.place in accordance with Roberts Rules.of Order. City Attorney Ansbro suggested that the City Commission waive the Roberts Rules of Order for this particular situation as a way-to clear the matter and he agreed with Commissioner Bertino's reference to the rules. Commissioner McElyea withdrew the first motion to reconsider and made a motion to suspend the Roberts Rules of Order for this issue. (Commissioner Mikes thought the motion was illegitimate) Commissioner Mikes supported expediting the new Street Closure Procedures and was willing to support the new petition process and to waive anything in the process to expedite the process. City Manager Pato advised that the process would probably take MINUTES 16 OCTOBER 8, 2002 CITY OF DANIA BEACH • 90 days. Commissioner Mikes was of the opinion that the Motion on the floor dies as it was probably illegitimate. Commissioner Mikes made a motion directing the street closure issue to go through the new process as recommended by the City Attorney and that it be completed by the City Manager within 90 days with clarification that a new petition would be submitted. Commissioner Mikes then restated his motion to place the item on the agenda.. Commissioner Bertino,stated that a one year waiting period is required on motions to reconsider since the matter was heard September-.10, September 24-and now.October 8tn Commissioner Mikes disagreed with Commissioner Bertino as this is a different process and that this issue was not part of the requirements under the City's Code and there are no legal notice or public hearing requirements. City Attorney Ansbro was not aware of the one:year.ruleas stated by Commissioner Bertino. Commissioner ,Mikes.�restated:his request wto make a motion to add the item to the agenda and then make a second motion to begin the process. Vice-Mayor Flury suggested a motion to continue since no one seems to know what they are doing and.until the City Attorney has an opportunity to research the legal issues or whether or not Roberts Rules of Order should be followed-.. Vice-Mayor Flury was not opposed to a public hearing process being followed,:however, she disagreed with making the.petitioner; Merita Mitchell, go back through a.lengthy new procedure that would take longer than 90 days. She pointed out that the petition was filed in February • by Merita Mitchell and that the issue should be continued in order to obtain some clear answers on how to proceed. Mayor Chunn seconded the motion made by Commissioner McElyea. Vice-Mayor Flury was of the opinion that Mayor Chunn could not second a motion without passing the gavel. City Manager Pato agreed to try to speed up the process, however, he,thought it would take 90 days and that most of the process has been followed. Commissioner Mikes recommended that,:the-- City Manager send out an informational letter clarifying the process to all the homeowners on.the.streets:. Commissioner Mikes-withdrew his motion and made a motion to continue the item to October 22 in order to allow the City Attorney the opportunity to present an update on the legal procedures: The motion was seconded by Vice-Mayor Flury. The motion passed on the following 3/1 roll call vote with Commissioner Bertino withholding his vote based on his opinion that the motion was illegal and until a legal determination is received by City Attorney Ansbro. Commissioner McElyea-yes Vice-Mayor Flury-yes Commissioner Mikes-yes Mayor Chunn-no ITEM 5.1 WAS HEARD AFTER ITEM 11.3. ITEM 11.4 WAS HEARD AFTER ITEM 11.2. 11.4 Appointment of Voting Member and Alternate to Broward League of Cities, MINUTES 17 OCTOBER 8, 2002 CITY OF DANIA BEACH • Technical Advisory Committee, by Mayor or City Manager. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to appoint Laurence Leeds, Growth Management Director, or his designee, to the Broward League of Cities Technical Advisory Committee. 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 At this time, John Etling requested consideration of waiving the fees to use the I.T. Parker for the Dania Beach Improvement Committee based on the I.T. Parker Committee not meeting. A motion was made:.by.Commissioner.Bertino, seconded by Commissioner McElyea; to declare this am-emergency and:add it onto the agenda. The motion passed on the following 510 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Based on the many contributions provided by the Dania Beach Improvement Committee, Commissioner Bertino made•a motion, seconded by Commissioner McElyea, to waive • the fees for the Dania Beach Improvement Committee for October 26th. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn=yes Commissioner Mikes=yes 11.5 Discussion of Smith Family plots at Woodlawn Cemetery. (Commissioner McElyea) Commissioner McElyea mentioned that the Smith Family purchased 12 plots and that six of the plots have been used and that the deed was lost and that he can personally verify the location of the,family plots at the Dania Memorial Cemetery. City Attorney Ansbro advised that City records only show that there are six(6) plots and no one knows for sure if.anyone has been buried in the remaining six (6) plots. Staff is bringing-,the matter before the City Commission as no one knew how to handle the matter and there was no way to disprove the:statements.. Michael Sheridan, Public Works/Utilities Director, advised that cemetery records were researched and-that staff only found that half of a plot was purchased by the Smith Family. Mr. Cap Smith stated that the old cemetery map showed the Smith Family across all 12 plots. Mrs. Mary Smith advised that prior to his death, City Attorney Adler had shown her the original Cemetery Map and it showed "Smith" across the section of the cemetery. MINUTES 18 OCTOBER 8, 2002 CITY OF DANIA BEACH ® Mrs. Smith was of the opinion that when someone in the department who was handling Cemetery records made out an index card, they interpreted the Smith's to only own half of the plot. She stated that family members have been buried in the off-number lots and the other half of the section has not been used yet. She also presented an Affidavit from Oleta Smith Wilder, direct descendent of John Thomas Smith who purchased the Plots prior to 1927 before his death. Mrs. Smith stated that the Smith Family position is that they have claim to the property. Mr. Sheridan advised that the internments are handled when someone brings-proof. The cemetery records were poorly kept and the City does not sell any of the plots in certain portions of the cemetery because of this. He was concerned that someone could bring in proof that they own the plots. Mr. Sheridan advised that there would be an.extensive process with the State to-remove remains to another location. A motion was madeby:Commissioner Bertino, seconded by Commissioner McElyea, to grant title of the additional,six plots to the-Smith Family as long as the plots are, not occupied or have�been_sold to..anyone else, and should the plots be sold or used, the Smith Family would be granted title to six plots in close proximity to the first six plots. 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 Mrs. Smith thanked the City Commission and City Attorney Ansbro agreed that a record • would be provided even if it is a written letter from the City Clerk. 11.6 Request by staff, on how to proceed with preservation fund acquired for the relocation of the I.T. Parker House. (City Manager) City Manager Pato advised that the City raised over $13,000 in donations for the relocation of the Parker House and everyone knows thatthe house no longer exists and the City is receiving requests for refund from some of the donors. Commissioner Bertino recommended that a letter be sent to the donors letting them know that they could have a refund or a choice-of using the money for the renovations of the Nyberg/Swanson House°or Recreation Fund for improvements. Commissioner McElyea inquired as to what would happen with the $30,000 that was obtained from the hotel developersfor,the property.off.Stirling Road where-the Parker house was located. Mr. Leeds advised that the $30,000 would remain with the City. Vice-Mayor Flury suggested that the money be used for the City's Centennial Celebration. Commissioner McElyea suggested that people also consider using the money for the monument at Mullikin Park for Lt. Sid Mullikin, Jr. City Manager Pato agreed to send a letter to the donors and to report back to the City Commission on where the money will be used and the amounts refunded. MINUTES 19 OCTOBER 8, 2002 CITY OF DANIA BEACH 12. APPOINTMENTS: (SEE ITEM 12.6) 12.1 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." 12.2Appointment 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 THRE&YEAR'TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3 Appointment of three (3) 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 WEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.4 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." 12.5Appointment of-two (1) members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING rTHE- 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." 12.6 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 ® BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; MINUTES 20 OCTOBER 8, 2002 CITY OF DANIA BEACH ® FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Flury appointed Edward Bourgeois to replace Mike Nolan. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting a Resolution approving the appointment of Edward Bourgeois to the Planning& Zoning Board. The motion passed on the following 5/0 roll call vote: Commissioner.Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 12.7Appointment 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— Meeting Reminder: ® *October 10, 2002 —6:00 P.M.-Workshop Meeting City Manager Pato requested input from the City Commission on the choice of colors for the 803 NW 1st Street BSO Substation as completion is expected around mid-December and Ken Koch, Building Official, needs direction. Discussion followed on anything except institutional gray and Commissioner McElyea suggested being traditional with the City Hall color. Vice-Mayor Flury suggested that staff bring some color samples to the Commission. The City Commission generally agreed to let Vice-Mayor Flury decide on the color for 803. Mr. Leeds mentioned that the colors presented by Dania Distribution Center were green accents with a beige background and he requested input on whether or not this is acceptable to the City Commission. He confirmed that the colors are acceptable and that the fence should be forest green and galvanized and that more money needs to be put into the design of the.building. City Manager Pato reported that the League of Cities finally sent a check for$5,600.00 in regards to the burial of the Time Capsule, at the Nyberg/Swanson House. City Manager Pato commended Linda Fry for her efforts to receive the money. John Etling, Main Street, advised that Main Street gathered a series of design guidelines that were sent onto Henry Iler, CRA Consultants, in July and that color was never determined as architectural elements were more of a concern. Mr. Etling advised that MINUTES 21 OCTOBER 8, 2002 CITY OF 4DANIA BEACH Main Street has no legal authority and that Mr. Leeds cannot forward developers onto Main Street for any official decision. Commissioner Mikes stressed the importance of having someone from Main Street, in addition to the Planning & Zoning process, who has familiarity with major projects to provide their input on the designs and colors at Commission Meetings. 13.2 City Attorney Ansbro reported that the City is now being sued by Access Now on non-compliance of ADA requirements and that the City has insurance coverage. City Attorney Ansbro advised that there is a new lawsuit for the return of Interim Service Fees that were paid by the Springhill Suites developer estimated at around $65,000. The Interim Services fees were a tax that was proposed when property taxes were not paid by developers and missed at the time the Certificate of Occupancy was issued. The fee has been determined to be unconstitutional and 14 cities are also facing lawsuits. City Attorney Ansbro advised that the lawyers for the First Amendment Foundation and John Bruckner case are taking the State case to the Florida Supreme Court. 13.3 City Clerk- no comments 14. ADJOURNMENT This meeting adjourned at 11:15 p.m. ® YR RT H. CH 0YO, R AT EST: CHARLENE JOHN80N CITY CLERK APPROVED: November 12, 2002 MINUTES 22 OCTOBER 8, 2002 CITY OF DANIA BEACH