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HomeMy WebLinkAbout1368 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING OCTOBER 22, 2002 1. CALL TO ORDER: Mayor Chunn opened the meeting at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Pastor Gary Culbertson, Griffin Road Baptist Church 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino (arrived 7:10 p.m.) Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson Absent: Commissioner: C.K. McElyea (Excused) It was noted that Commissioner Bertino would be attending the meeting and that he was running late. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, to excuse Commissioner McElyea from this meeting. The motion passed on the following roll call vote: Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 4. CITIZENS' COMMENTS: 4.1 Faye Bartelmes thought Dania Heights should be called Southwest Gardens of Dania and commended the Public Works Department for beautifying the community with the exceptional landscaping job provided with the street closure program along Dixie Highway. 7:10 p.m.-Commissioner Bertino arrived. MINUTES 1 OCTOBER 22, 2002 CITY OF DANIA BEACH 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: • 5.1 Recognition Program "Employee of the Month" for September 2002: 9 9p *Joann Brave. Patty Varney, Finance Director, was pleased to recognize Joann Brave for her customer service skills required to do the very difficult job of collecting water and sewer bills in the Water Department as well as her community efforts with the Kiwanis Club and other organizations. Joann Brave was awarded a plaque for "Employee of the Month" for September, a $100 check and a Dania Beach shirt. 5.2 Discussion of request by Gold Coast Region of the Porsche Club of America (GCRPCA) to host Autocross in the NW parking lot of Dania Jai Alai November 16, 2002. (Staff) A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, approving the request for October 26 not November 16 as indicated. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 5.3 Request for renewal of a Blanket one-year approval on all special events at Bass Pro Shop. (Staff) A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, granting the renewal of a Blanket one-year approval on all special events at Bass Pro Shop with the understanding that Bass Pro would provide all necessary BSO and Fire Rescue details and that all building permit requirements be met. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 6. PROCLAMATIONS: 6.1 A proclamation declaring November 2002 as "Epilepsy Awareness Month" in the City of Dania beach. ITEM 7 WAS HEARD AFTER ITEM 11.1. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Minutes: 7.1 Approval of minutes for Special Meeting, July 10, 2002. 7.2 Approval of minutes for Final Budget Special Meeting, September 23, 2002. Travel Expenditures- None • MINUTES 2 OCTOBER 22, 2002 CITY OF DANIA BEACH Resolutions — 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $35,000.00 FROM THE SOLE SOURCE PROVIDER, HTE INC., FOR UPGRADE AND CONVERSION OF VARIOUS PROGRAMS AND DATA INCLUDING TRAINING, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING APPLICATION FEES FOR THE SUBMITTAL OF APPLICATIONS FOR FRANCHISES FROM CABLE AND OPEN VIDEO SYSTEMS PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVIING THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND L. SCOTT ULIN, M.D. FOR A THREE- YEAR PERIOD BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2005; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by City Attorney — None A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting • the Consent Agenda. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 Presentation of Water, Wastewater and Stormwater Facilities Plan by Michael Sheridan, Public Works/Utilities Director — This document has been preparE�d to initiate the planning status for the City Of Dania Beach's Water and Sewer Systems based on recent planning for major improvements. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE WATER, WASTEWATER AND STORMWATER FACILITIES PLAN; PROVIDING FOR AN ADVERTISED PUBLIC HEARING TO BE CONDUCTED ON SAID FACILITIES PLAN; FURTHER, PROVIDING FOR AN EFFEICTIVE DATE. Mike Sheridan, Public Works/Utilities Director, reminded the City Commission that a workshop was held in July with the City Commission to discuss the strategic plan for the Water Plant as follows: MINUTES 3 OCTOBER 22, 2002 CITY OF DANIA BEACH ✓ Identify resources of the utilities; ✓ Identify resource needs or deficiencies ✓ Identify solutions to problems-often capital projects; ✓ Identify Policy Needs; ✓ Set Direction ✓ Secure Funding. Director Sheridan advised that a contract was approved in August with Fred Bloetscher, Public Utilities Management & Planning Services, Inc., to prepare the strategic plan. Director Sheridan pointed out that the Water Plant was built in 1953 and has been very well maintained as a result of dedicated City employees. The water service area included in the Facilities Plan covers 3 square miles, which involves the City limits from 1-95 to the eastern most portion of the City; the western portion of the City is served for water and sewer by Broward County. Mr. Sheridan estimated that there were some 4600 water and sewer customers in the subject area. The City operates the Water Plant with use of two wells located west of 1-95 and nearly 6 square miles of the City is served with stormwater utility. Director Sheridan reported that there were also two wells located at the Water Plant that have been abandoned and that action would be taken to formally abandon the two wells as part of the plan due to water quality issues. Discussion followed on the City's agreements with the City of Hollywood on the treatment of water and sewer and raw water that is purchased from Broward County and interconnects with Hollywood, Broward County and Fort Lauderdale. Director Sheridan presented information in regards to water quality and provided the following five alternatives that have been identified for improving the Water Treatment Plant: (1) New or refurbished Lime Treatment Plant. (2) New Membrane treatment plant (3) Combination (4) Buy all water from Hollywood (5) Do nothing Director Sheridan explained that after a thorough analysis the cost effective recommendation would be to add a new membrane system and rehab the current utilities system. Mr. Sheridan mentioned his efforts to have the old storage steel tank located on Stirling Road checked out and advised that it was determined to be more cost-effective to demolish it. The Broward County Public Health Unit notified the City that a 2 million gallon storage tank is required by 2003, which could include an installation of a ground storage tank or an elevated storage tank. Director Sheridan recommended an elevated storage tank. Director Sheridan presented information on the current condition of the current water line distribution system, sewer collection system and Inflow and Infiltration removal program. Mr. Sheridan mentioned that the City stopped the inflow and infiltration program in 1998 and that there is a need to re-implement the I&I removal program. His recommendation was to telemeterize and rehabilitate lift stations to improve energy and operational efficiency and permit better monitoring of flows to improve I&I removal efforts. The cost estimate was $750,000. Stormwater: Director Sheridan mentioned the ongoing flooding problems that continue to be a concern in the southeast district of the City. He clarified that drainage and flooding MINUTES 4 OCTOBER 22, 2002 CITY OF DANIA BEACH problems in the western portion of the City were not included in the Facilities Plan based • on the need to allow Broward County to complete all of their planned improvements before the City conducts its own analysis. Once Broward County is finished, the City would then focus on the flooding and drainage needs impacting certain portions of the western section of the City. Director Sheridan presented strategies to upgrade the operation and efficiency of the City's Utility Systems and explained the following Capital costs based on worst case scenario: Strategy 1 Water System and Plant - $9.5 million Sewer System - $1.2 million Stormwater System- $0.7 million Director Sheridan expected that part of the funding for the upgrades could be provided through CRA Tax Increment Funding and grant opportunities. He clarified that State Revolving Funds (SRF) would be borrowed over a course of five years. Director Sheridan advised that a comprehensive analysis has not yet been conducted on firming up the final needs and costs of the program. Commissioner Bertino stressed the importance of planning and factoring in all costs based on maximum usage for the CRA area. Vice-Mayor Flury commended Mr. Sheridan for presenting a comprehensive Facilities • Plan and requested that he provide a project schedule on the utility improvements, financing aspects and timing of the project. Director Sheridan advised that the City Commission is only being asked to move forward with the Facilities Plan tonight so that the City's name could be added to the que for receiving State Revolving Funding. He stated that the amount being requested with the State was $11.2 million, which was based on worst case scenario and that the City is under no obligation at this time. Commissioner Mikes was under the impression that the City had replaced extensive I&I liners over the past few years and was concerned that the liners didn't last very long. Director Sheridan advised that Hazen Sawyer advised him that very little lining work had actually been conducted on the water lines and that manholes are in need of extensive work. Commissioner Bertino stressed the importance of contacting Broward County to ensure that the proper utility infrastructure is being installed to handle commercial and residential growth expected in the future along Griffin Road. Director Sheridan advised of his plans to provide and implement documentation to provide better reporting of the utility activities in the Public Works Department. Mayor Chunn opened the public hearing. Charlene Scalese, 826 NW 13 Avenue, inquired as to how the water capacity will be impacted in the Melaleuca Gardens area with the expansion of the South Runway. • Commissioner Mikes mentioned that the City has always faced the threat of losing MINUTES 5 OCTOBER 22, 2002 CITY OF DANIA BEACH residential areas with the expansion of the South Runway and that the City could be impacted all the way out to 441. He mentioned that the City must meet Federal standards, on water quality and that Hollywood already meets those standards. Should the City lose some residential areas, the City might be able to use a blend of Hollywood's polished water, however, at this time, the City needs to approve the Facilities Plan in order to get on the list for SRF monies. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution so that the City can get on the list for receiving State Revolving Funding. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 9.2 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. (SECOND READING) Ken Koch, Building Official, explained that the City's Code section relating to flood prevention definitions was last adopted in 1988 and that this Ordinance will update the • Code section in order to comply with FEMA regulations. 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 Vice-Mayor Flury, seconded by Commissioner Mikes, adopting the Ordinance on second reading. The motion passed on the following 3/0 roll call vote with Commissioner Bertino out of the room and Commissioner McElyea being absent: Commissioner Mikes-yes Mayor Chunn-yes Vice-Mayor Flury-yes 9.3 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. (SECOND READING) Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, • Mayor Chunn closed the public hearing. MINUTES 6 OCTOBER 22, 2002 CITY OF DANIA BEACH Commissioner Bertino mentioned that it will be a challenge to enforce the Ordinance. • A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 3/0 roll call vote with Commissioner Mikes out of the room and Commissioner McElyea being absent: Commissioner Bertino-yes Mayor Chunn-yes Vice-Mayor Flury-yes 9.4 VA-16-02(b) — Request for Variance approval by Broward County Community Development Division, representing Amarilla Cure, home owner, to allow a single family home with a front yard parking area to exceed 41% of the lot frontage (maximum 30% allowed as referenced in Chapter 22, "Streets and Sidewalks") for property located at 209 NW 14 Court. A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, REPRESENTING HOME OWNER AMARILLA CURE FROM CHAPTER 22 STREETS AND SIDEWALKS, ARTICLE 1, SECTION 22-5, FOR PROPERTY LOCATED AT 209 NW 14T" CT., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the applicant was approved . for several Variances on May 14, 2002, subject to the Site Plan being revised for a 2- bedroom home with a 15 foot rear yard setback and a 38 foot long x 9 feet wide driveway to accommodate two cars "back to back". The applicant revised the Site Plan as indicated and now presents two side-by-side parking spaces (18 foot by 18 foot driveway). The proposed driveway exceeds 40% of the lot frontage where only 30% is allowed. Michael Sheridan, advised that the pervious and impervious requirements were not met when the Variances were approved. He reviewed the situation and recommended that the driveway be revised to 13 feet at the point of crossing of the swale to meet the requirement. Mr. Leeds advised that the proposal addressing the parking is better than what was submitted in the beginning and that a Variance is not required and that no action is needed on the issue. Mayor Chunn opened the public hearing. Ms. Cure agreed to do whatever the City decided. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. NO ACTION WAS REQUIRED. • MINUTES 7 OCTOBER 22, 2002 CITY OF DANIA BEACH 9.5 ZA-56-02 — Request by Terry Niedermiller, President of New Earth Soils, to appeal the Growth Management Department determination that an outdoor yard waste recycling facility is not a permitted use in the Industrial Research Office Marine Zoning District. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY TERRY NIEDERMILLER, PRESIDENT OF NEW EARTH SOILS, FOR PROPERTY LOCATED AT, 5801 BRYAN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the applicant desires to operate an Outdoor Yard Waste Recycling Facility at Florida Silica Sand to recycle yard waste. The business was previously operated on the west side of SW 56th Avenue between Stirling Road and Sheridan Street in Hollywood, however, the applicant no longer operates in Hollywood. Mr. Leeds explained that the use is prohibited in both IRO and IROM Zoning Districts. Mayor Chunn opened the public hearing. Charlene Scalese opposed the request and supported staff's position. Terry Niedermiller, President of New Earth Soils, advised that the operation involves recycling yard waste to provide mulch to residents and that the operation is needed in the City. He stated that his company is very concerned with environmental matters and that the facility would be hidden on the Silica Sand site nor would there be any noise impact to residents. A representative from Silica Sand advised that they are not involved in the recycling business, however, they do believe there is a need and they support the use. Hearing no further comments, Mayor Chunn closed the public hearing. Commissioner Mikes commented on the many contaminated and polluted sites in the City and that Dania Beach is always being impacted by such uses and that the designation of the IROM zoning provides protections for the City. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, denying the Resolution (ZA-56-02). The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner Mikes-yes Mayor Chunn-yes 9.6 Request by Elizabeth Kennedy, President of Meadowbrook Association "B", Phase VI, to modify Site Landscape Plan by substituting Christmas Palms for Washingtonian Palms trees in front of Buildings "I" —401 SE 3 Street, "J" -200 SE 5th Avenue, "K" — 441 SE 3 Street and "L" —431 SE 3 Street. • A RESOLUTION OF THE CITY OF DANIA BEACH FOR A MODIFICATION OF SITE PLAN FOR MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "B", INC., MINUTES 8 OCTOBER 22, 2002 CITY OF DANIA BEACH PHASE VI TO ALLOW SUBSTITUTION OF WASHINGTON PALMS WITH CHRISTMAS ® PALMS IN FRONT OF BUILDINGS "I", "J", "K" AND "L"; PROPERTIES LOCATED AT 401 SE 3RD STREET, 431 SE 3RD STREET, 441 SE 3RD STREET AND 200 SE 5T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that several Washingtonian Palm trees had been removed around four buildings at Meadowbrook without a tree removal permit. The landscape code requires for the Washingtonian trees to be replaced, tree-per-tree, with the following Palm tree selection: Washingtonian Palm, Royal Palm, Sabal Palm, King Alexander Palm, Queen Palm and Winin Palm. Mr. Leeds advised that the representatives of Meadowbrook Condominium desire to install Christmas Palms in place of the removed trees. The City Commission has the discretion to approve the Christmas Palms subject to the applicant mitigating the difference in value between the two types of trees. The applicant would be required to plant additional trees on-site or make a contribution to the city landscape trust fund. The cost is $450 for every Washingtonian Palm that was removed and the City's landscape consultant indicated that the mitigation could be reduced to $300 per removed tree to meet Broward County Code. Mr. Leeds advised that the applicant would have to submit a landscape plan if they desire to offer additional trees in lieu of the contribution to the landscape fund and that the City Commission has three options: • Require the replacement of the Washingtonians. • Allow the Christmas Palms as substitute trees and require $300.00 contribution for each discarded Washingtonian Palm. • Allow the Christmas Palms as substitute trees and require submission of a revised landscape plan showing additional landscaping consistent with the landscape Code such that it can be approved by the City Commission (Failure to install sufficient, permissible mitigation landscaping within 120 days will require payment to the landscape trust fund). Elizabeth Kennedy, President Meadowbrook Phase VI, explained the problems encountered with the Washingtonian Palms that included bees and rats. In addition, they thought it was a good idea to remove the trees due to them leaning towards the buildings for concern with hurricanes. Ms. Kennedy advised that she thought that the gardener had requested a permit to remove the trees and apologized for not having obtained the permit from the City. Mayor Chunn opened the public hearing. Clinton Hill, 261 SW 13 Street, suggested that Ms. Kennedy consider using King Alexander Palms and agreed to sell the trees for a reasonable price. Anthony Schiavone, 401 SE 3 Street, explained that a meeting was held with the Board of Directors and they decided to remove the Washingtonians and replace them with Christmas Palms. He requested Azamedias be approved. Jean Didio, Board Member, advised that the Washingtonian trees were very dirty and that they breeded yellow jackets and that they got so high that you could not tell that • they were Palm trees. She requested that Christmas Palms be approved in place of the Washingtonian trees. MINUTES 9 OCTOBER 22, 2002 CITY OF DANIA BEACH Commissioner Mikes advised that he is very familiar with the types of trees mentioned and that Sabal Palms would not have caused the problems that the Washingtonian Trees caused. He stated that the Christmas Palm is not a good tree and that they are too small. He recommended choosing an Alexander Palm or Queen Palm and thought that Mr. Hill would give the condominium a reasonable price for the King Alexander. Doris Martel, Board Member, mentioned how beautiful the Christmas Palm tree is and pointed out that Christmas Palms are planted through out the complex. Commissioner Mikes mentioned that the City needs to preserve canopy trees. Ms. Martel thought the residents of Meadowbrook should be able to plant the tree they desire. Hearing no further comments, Mayor Chunn closed the public hearing. Vice-Mayor Flury mentioned that she does not like to interfere with condominiums and wondered if Meadowbrook could plant additional trees instead of having to contribute $300 for each tree removed into the tree fund. Mr. Leeds advised that if the city does not get $300 for each tree than Broward County requires taller trees to be planted. Mr. Leeds agreed that taller trees (15 to 20 feet in height) could be planted away from the buildings and that 23 trees must be replaced. These taller trees (Washingtonian Palm, Royal Palm, Sabal Palm, King Alexander Palm, Queen Palm and Winin Palm) would be in addition to the Christmas palms. Ms. Kennedy distributed a picture showing Christmas Palms at Meadowbrook. Commissioner Mikes mentioned that the picture shows clusters of three trees and suggested that Meadowbrook consider planting the type of tree (similar to the Christmas Palm along the downtown district), which does not get the lethal yellowing. Mr. Leeds stated that the $300 would have to be obtained unless the trees were diseased. The trees were destroyed before they could be inspected so he had no way of knowing whether the trees were diseased. Vice-Mayor Flury asked whether the five or six witnesses from the Meadowbrook could confirm that the trees were diseased. Mr. Leeds advised that Broward County could question the City's action. Mr. Leeds clarified that Mrs. Kennedy would be required to provide Christmas Palms planted next to the building plus additional taller trees on the site. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution modifying the Site Plan subject to the following: (1) Meadowbrook shall be allowed to install clusters of three (3) palm trees (like the Christmas Palms planted along the downtown) closer to the buildings in lieu of the removed Washingtonian Palms; (2) Meadowbrook Condominium shall install, elsewhere on the site, additional taller trees (similar to King Alexander Palm 15 feet high) where Meadowbrook feels is appropriate, in lieu of funds being paid to the Landscape Fund; (3) Or, in the alternative, Meadowbrook may install all King Alexander Palms 15 feet high or any taller tree that would meet Code in lieu of the tree clusters. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner Mikes-yes Mayor Chunn-yes MINUTES 10 OCTOBER 22, 2002 CITY OF DANIA BEACH 9.7 SP-56-00- Request to modify Site Plan by Marvin Mandel, President, MFA ® Investments, LLC, to allow a 26,650 Square foot office/warehouse building at southwest corner of SW 39th Street and Ravenswood Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN (SP-56-00) SUBMITTED BY MARVIN MANDEL, PRESIDENT, MFA INVESTMENTS, LLC., PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SW 39TH STREET AND RAVENSWOOD RD.; PROVIDING FOR CONFLICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, mentioned that the color on the building has been changed and that the applicant needs to modify their Site Plan. Leo Hanson, 520 SE 8 Street, Fort Lauderdale, representing Mr. Mandel, advised that modifications were made to the building and that the main change was the color because the original color (Cloud 9, which was a shade of white) turned out not to look good on the building. He also mentioned that other factors were the colors that were selected for the store front windows. Mr. Hanson presented a rendering and elevations showing a beige building with green window trim. Commissioner Mikes mentioned that Mr. Mandel agreed to include additional banding to the building. Mr. Hanson mentioned that signage will be added to the front of the building and agreed to add two clusters of three (3) Alexander Palms in the front of the building. 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 Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution approving the color modification with the understanding that two clusters of three Alexander Palms be added to the front of the building. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner Mikes-yes Mayor Chunn-yes 9.8 Request by Port 5, Ltd., to reactivate previously approved Site Plan for a new 72,000 square foot office/warehouse building to be located at 2150 NE 7th Avenue (property located south of Hertz Rental Car east of Federal Highway). Laurence Leeds, Growth Management Director, advised that the applicant is requesting to reactivate the previously approved Site Plan and has signed an affidavit that the property will be used for an office, warehouse and distribution center. Commissioner Bertino expressed concern for the delays with the project since this is the second request for extension of the Site Plan. Mr. Bital advised that the extension is requested because they have not been able to obtain financing for the project and that they agree to the conditions as mentioned by Mr. • Leeds. Mr. Bital commented on the quality type of buildings that Port 5 builds in South Florida and that Port 5, Ltd. has no plans to sell the property and plans on developing MINUTES 11 OCTOBER 22, 2002 CITY OF DANIA BEACH the site as represented. Commissioner Mikes mentioned that warehouse complexes should not be hindering the possibility of hotel development on certain sites and that this architectural design of the building seems better than some projects recently presented. 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 Vice-Mayor Flury, seconded by Commissioner Mikes, approving the extension to reactivate the Site Plan for Port 5, Ltd. for an additional 18 months (expiring April 2004). The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner Mikes-yes Mayor Chunn-yes (Staff requests Continuance to November 12, 2002) 9.9 a) 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 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, 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 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. b) 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. The City Commission continued the Resolutions to November 12, 2002, Regular Meeting. MINUTES 12 OCTOBER 22, 2002 CITY OF DANIA BEACH 10. COMMISSION COMMENTS: • 10.1 Commissioner Bertino asked if Mr. Danto had provided funding in the City's Landscape Fund to cover the addition of more trees to the medians on Griffin Road east of 1-95 to replace the Oyster plants. Commissioner Bertino inquired as to whether or not Silica Sand had obtained a permit for removal of several large Australian Pines on the site near Stirling Road. Mr. Leeds advised that a permit is not needed for Australian Pines and that he would contact Silica Sand on removing the trees and root systems. Commissioner Bertino asked City Manager Pato to look into the removal of fiber optic cables in the Southeast section near Second and Third Avenue that are left on the sidewalk. Commissioner Bertino mentioned the bad condition of the trees on the Shell Oil property on Stirling Road north side. Mr. Leeds advised that they are not watering the trees and that one Oak Tree has actually died. Staff is trying to contact Shell Oil and Code Enforcement may be pursued and the City may require Shell Oil to make a contribution to the City's Landscape Fund ($10,000 to $15,000 per tree). City Attorney Ansbro thought aggressive actions could be taken and Mr. Leeds agreed to provide him a phone number for Shell Oil. Commissioner Bertino advised that the Shiff property on Dania Beach Boulevard is overgrown. Mr. Leeds mentioned that he was aware of the problem and that Mr. Shiff is expected to move ahead with his development plans. 10.2 Commissioner McElyea —Absent 10.3 Commissioner Mikes mentioned that part of the problem with the medians on Griffin Road are vehicles driving over them. He mentioned that before plantings are installed in medians that the soil must be treated for weeds and that plant materials tougher than weeds needs to be planted. He recommended using Crown of Thorns. 10.4 Vice-Mayor Flury clarified with Mr. Leeds that Broward County representatives from the Bond Preservation Program would be reporting on an update of property at the November 12 meeting. Vice-Mayor Flury confirmed that the contract with Coastal Contracting was just signed off on to begin the Frost Park improvements and Meli Park Pool. She recommended that the Parks & Recreation Department install ample signage at the parks notifying residents of the improvements before they begin and to stay on schedule and under budget. 10.5 Mayor Chunn reminded the public and invited everyone to attend the Fall Fun Festival fund raiser scheduled at Bass Pro on October 26th that is for children. ITEM 11.2 WAS HEARD AFTER ITEM 10. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 6.1 MINUTES 13 OCTOBER 22, 2002 CITY OF DANIA BEACH 11.1 Legal update on street closures at SW 2"d Terrace and SW 111h Avenue. (City Attorney) City Attorney Ansbro advised that the issue was continued from the October 8th meeting. He advised that the City Commission, under the Florida Uniform Traffic Control Law, is provided local authority to close roads within reasonable exercise of its police power. He clarified that there are no legal requirements for a public hearing or resolution to be adopted for street closures. In response to the case cited by Attorney Cash Jackson on October 8th, Attorney Ansbro advised that the case did not relate to this particular street closure and applies to counties. He commented on the Charter provision relating to vacation of streets, which does require a public hearing process. Attorney Ansbro advised that there is a difference between a vacation and a street closure. At the September 10 meeting, a motion passed on a 4/1 vote to close the street and his opinion was that the City Commission was within its right to do so whether or not some people on the petition desired to remove their names. He advised that the City Commission can do nothing or it can close the street or open the street. He suggested that the City Commission not take any action tonight based on Commissioner McElyea being absent and to continue the issue until the entire commission is present. He stated that opening and closing the streets are two different actions. Mayor Chunn expressed his desire to continue the item to the next meeting for a full Commission. Commissioner Bertino didn't think any action was needed. Commissioner Mikes was not comfortable with the legal explanation, however, he expressed the importance of providing public notice and holding public hearings whenever streets are named, or speed humps are installed, or streets are closed as it is not fair to the communities. He was very upset that no proper notice was provided when the motion.passed on September 10 and that the street closure was conducted under the Consent Section of the Agenda and not addressed as an actual agenda item. He stressed the importance of the City not expending any tax dollars to close the street until the street closure procedures are followed. City Manager Pato advised that there are no funds budgeted for street closures this fiscal year and reported that the average street closure costs is $20,000. Attorney Yolanda Cash Jackson asked for clarification on whether the action tonight constitutes final action to close the street for purposes of a need to file an injunction or whether a continuance was being considered. City Attorney Ansbro advised that this was only a legal update tonight and that an injunction should have been filed within 30 days of the September 101h meeting. He was of the opinion that the issue does not have to be technically continued and that no action has been taken to reconsider the vote on September 10th or to implement the street closure. For the record, Ms. Jackson presented a copy of the petition signed by an overwhelming majority of residents objecting to the closure of the street to the City Clerk and presented the following comments: (1) An overwhelming number of residents have spoken against the street closure. (2) No public purpose has been determined as BSO has found no drug related activity. MINUTES 14 OCTOBER 22, 2002 CITY OF DANIA BEACH (3) No evidence on the record that traffic patterns warrant the closing of the streets. (4) No evidence presented on the cost benefit analysis of closing the street. Attorney Cash Jackson advised that the closure of the street would be arbitrary and that meetings should be conducted with neighborhood associations before any action is taken to actually close the streets. Commissioner Mikes urged all parties to refrain from taking any legal action on the matter and suggested that the issue be discussed at the next meeting with a full commission being present. Vice-Mayor Flury recommended that the street closure issue be forwarded to a workshop meeting to give everyone an opportunity to speak. She stated her support of street closures and pointed out that it is not true that crimes are not taking place on the subject street as crime and drug problems are ongoing throughout the City. She presented newspaper articles and read comments relating to BSO Anti-Crime Unit taking actions to target drug crimes and prostitution in the City. Vice-Mayor Flury pointed out that the City has come a long way over the past year to reduce crime in the City. She clarified that the City is spending $7 million on BSO Contract services and that the City cannot afford any more deputies and that other alternatives have to be pursued to reduce crime. She pointed out the positive aspects of street closures and mentioned that Melaleuca Gardens is the lowest crime area because there are two ways in and two ways out, which is why people want to live in gated communities. Mayor Chunn disagreed with the comments by Vice-Mayor Flury and advised that the area in question does not warrant the street closure. Commissioner Mikes stressed the importance of holding a joint workshop and special meeting so that action could be taken. He mentioned that all neighborhoods have been impacted by drug crimes. He understood that feelings are very strong on both sides of the issue and suggested that personalities not be brought into the issue and that the matter be dealt with on a rational basis. Commissioner Bertino confirmed that the City did not act wrongly in the street closure. He recommended that the issue be dealt with on the basis of what is best for the neighborhood and not on a personal basis. He mentioned the positive factors of closing streets in the City. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to forward the street closure issue to a public workshop/special meeting with the date to be determined with staff. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes City Manager Pato confirmed that no action would be taken to close the streets at this time. Mayor Chunn advised the public that residents on the street would be notified of the meeting date. Commissioner Bertino thought that there were only seven homeowners on MINUTES 15 OCTOBER 22, 2002 CITY OF DANIA BEACH the street. AFTER ITEM 11.1, ITEM 9.1 WAS HEARD ITEM 11.2 WAS HEARD AFTER ITEM 10. 11.2 Discussion of erecting "No Swimming" signs at Griffin Marine Park. (Staff) Kristen Jones, Parks & Recreation Director, mentioned that the Parks & Recreation Department installed "No Swimming" signs at Griffin Marine Park, however, the Marine Advisory Board did not want to install "No Swimming" signs but instead wanted to install "Danger or Warning-Boat Launching Area" with "No Swimming" in parenthesis as they didn't want BSO to be arresting children. The City Commission generally agreed to install "No Swimming" signs at Griffin Marine Park. 11.3 Staff requests direction on purchase and/or repair of existing Chairs in Commission Chambers. (City Manager) City Manager Pato advised that the lighting has been changed and that improvements are being made to the Chamber from money received from AT& T and that the chairs will not cost the City any money. Bonnie Temchuk, Assistant to the City Manager, advised that she did investigate the costs associated with purchasing new chairs or upholstering the existing chairs for the Chamber. The City can upholster the existing chairs with a 1-year warranty at a cost of $475 per chair and 10 to 15 days to finish. The new chair would be made of leather and vinyl and would come with a ten year warranty and cost the City $765.00 per chair. Commissioner Mikes inquired as to whether anyone checked for a possible purchase off of a State Bid contract. City Manager Pato advised that there was only one company who would repair the chairs and that the County government always purchases new chairs. The original choice was $1300 and now the cost has been reduced significantly and it comes with a 10 year warranty. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to purchase new chairs at $765 per chair, with a 10-year warranty and that Bonnie Temchuk select the color of the chair. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 11.4 Funding request by Chamber of Commerce for use of Bus Bench revenues for economic development programs. (Morris Stowers, Chamber of Commerce) Morris Stowers, Chamber of Commerce, thanked the City Commission for allowing the Chamber of Commerce to address the City on economic issues at the October 10tn Workshop Meeting. As a result of the workshop meeting, he asked that the City donate the overage of the bus bench funds to the Chamber to further economic growth and business development. He also asked that the City continue with the $5000 contribution MINUTES 16 OCTOBER 22, 2002 CITY OF DANIA BEACH for the Chamber Directory and mentioned that he provided the City Commission with ® back up information on what other cities contribute to their own Chambers. A motion was made by Commissioner Bertino to donate an estimated $8,000 to the Chamber of Commerce from the Bus Bench contract with a quarterly accounting on the use of the funds. The motion died for lack of a second. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to donate an estimated $4,000 to the Chamber of Commerce from the Bus Bench contract for year one and should the Bus Bench contract generate more revenue then the issue be revisited by the City Commission. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-yes 12. APPOINTMENTS: (SEE ITEM 12.3) 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 THREE-YEAR TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3Appointment by Commission of two (2) members on the Code Enforcement Board whose terms expire November 10, 2002. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE THREE (3) YEAR TERMS EXPIRING NOVEMBER 10, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Flury commended the members on the Code Enforcement Board who spend extensive time working on the board without compensation. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting a Resolution reappointing Beulah Lair and Tim McLeod to the Code Enforcement Board for a three-year term. The motion passed on the following 3/1 roll call vote with MINUTES 17 OCTOBER 22, 2002 CITY OF DANIA BEACH Commissioner McElyea being absent: Commissioner Bertino-yes Commissioner Mikes-yes Vice-Mayor Flury-yes Mayor Chunn-no 12.4 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 MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.5 Appointment of one (1) member to 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." 12.6Appointment of one (1) member to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBER TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 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 Pato advised that the Abatement Hearings are scheduled for November 21 at 6:00 p.m. City Manager Pato was pleased to announce that the donors for the Parker House fundraiser have agreed to shift their monies to the Centennial Celebration and that FPL is donating $5,000. MINUTES 18 OCTOBER 22, 2002 CITY OF DANIA BEACH 13.2 City Attorney Ansbro mentioned that the lease with FAU for the SeaTech facility ® at the beach is for 99 years and the marina portion was subleased to Aragon Group until 2012. If Aragon Group decides to walk away from the sublease, the City would have the first right of refusal, however, after 2012 the use of the marina area goes back to FAU to sublease. If the City seeks to amend, FAU can deny the request. Commissioner Mikes stressed the importance of the City contacting FAU on the possibility of dropping the beach west towards the parking lot area to provide more beach area due to erosion issues. City Attorney Ansbro advised that Broward County, as part of the Bond Preservation Program, has slated both of the northern lots for acquisition that are located in Hollywood. City Attorney Ansbro and City Manager Pato agreed to contact FAU. City Attorney Ansbro reported that he needs traffic counts from BSO in order to prepare the street vendor Ordinance. Discussion followed on BSO taking action to obtain the traffic information from FHP and FDOT. 13.3 City Clerk-None 14. ADJOURNMENT The meeting adjourned at 10:34 p.m. *ROBRTJHCHbNN, MAY R T C119RLENE O NSON CITY CLERK APPROVED: JANUARY 28, 2003 MINUTES 19 OCTOBER 22, 2002 CITY OF DANIA BEACH