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HomeMy WebLinkAbout1369 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 12, 2002 1. CALL TO ORDER: Mayor Chunn opened the meeting at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Richard Austin, First Baptist Church of Dania 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino Bob Mikes C.K. McElyea City Attorney: Tom Ansbro City Manager: Ivan Pato SCity Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Gary Garofalo mentioned that Veterans' Day was celebrated yesterday in honor of the veterans who have given their lives for freedom. He added that on November 11, he attended a Memorial in Hollywood and that a World War I veteran, Mr. Al Ross, who is 101 years old published his reflections in the Sun Sentinel about how important it is to recognize the veterans. Mr. Garofalo read the poem to the audience. 4.2 Charlene Scalese, 826 NW 13'h Avenue, pointed out that the street lights are out throughout the City and asked for action to be taken by the City. 4.3 Bob Adams, 330 SE 3rd Terrace, thanked the City Commission for donating bus bench funds received this year to charitable organizations, such as The Area Agency on Aging and Family Central. Vice Mayor Flury asked Mr. Adams to obtain the number of people in the City who receive services from The Area Agency on Aging. Mr. Adams agreed to provide the information to the Commission. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Dania Beach Historical Society recognition of Joe Williams, BSO Deputy, as MINUTES 1 NOVEMBER 12, 2002 CITY OF DANIA BEACH • historian of Broward County police memorabilia. (C.K. McElyea, President) Commissioner McElyea advised that "Pioneer Days" was celebrated in Weston this year and that the Dania Beach Historical Society won the First Place Ribbon for Joe Williams' Broward Sheriff's Office Memorabilia. His scrapbook won the first prize and his exhibits received the second prize. Commissioner McElyea also pointed out that the first sheriff of Broward County was a Danian. Commissioner McElyea invited Mr. Williams to come forward and show his scrapbook to the Commission. He then presented Mr. Williams with a trophy and congratulated him on his work of art. Commissioner McElyea added that the Historical Society is trying to obtain some grants to provide funding for a Police Historical Society and the Dania Beach Historical Society. 5.2 BSO District 2 "Employees of the Month" for October 2002: Detective Louis Bautista and Detective Kristi Daly. Detectives Louis Bautista and Kristi Daly were commended for their professionalism and investigating skills that resulted in the recovery of $20,000 worth of stolen properties for incidents in Hollywood, Fort Lauderdale and Dania Beach. Chief Bryan Cowart presented Detectives Bautista and Daly with "Deputy of the Month" awards for the month of October 2002. Commissioner McElyea commented on the exemplary work performed by Deputy Louis Bautista while serving in the Dania Beach Police Department and BSO over the past 20 years. • City Manager Pato requested the inclusion of another presentation to be made by Broward County Crime Stoppers to Deputy Robert Boris. Mr. Pato further said that due to short notice, Deputy Boris was unable to attend the meeting. Chief Cowart received the "Award of Excellence" on behalf of Deputy Boris from Jim Steedle, Broward County Crime Stoppers Treasurer. 5.3 Recognition Program "General Employee of the Month" for October, 2002: *Lou Ann Cunningham Laurence Leeds, Growth Management Director was pleased to recognize Lou Ann Cunningham for her dedication to the City. Mr. Leeds mentioned that Lou Ann moved to Florida in 1982 from Chicago and started working in the City as the City Manager's secretary in 1983, she was then promoted to Computer Operator and shortly after to the Code Enforcement Department. In 1992, she moved to the Administrative Assistant position in the Growth Management Department. Mr. Leeds further pointed out that Lou Ann is responsible for coordinating the development review process, advertising and notifications of more than 50 plans. Lou Ann personally introduced the GIS and Autocad technologies into the City in 1998, and due to her efforts, the City has saved thousands of dollars, as this is the type of work that in the 90's was given to a consultant to do and it is now being done in-house, Lou Ann has put together a data base which gives the City more flexibility and ability to manage projects in a more effective way. Lou Ann is also an active participant, through her GIS and mapping capabilities, in the CRA, the ® City's on-going discussion with the airport, and many other planning issues. MINUTES 2 NOVEMBER 12, 2002 CITY OF DANIA BEACH • Lou Ann Cunningham was commended for her many years of outstanding service to the City and was awarded a plaque for "Employee of the Month" for October, 2002, a $100 check, and a Dania Beach shirt. At this time, City Manager Pato informed the Commission and the general audience that as a result of the City Attorney's efforts, the Tri-Rail train station on Griffin Road and 1-95 has now been renamed to "City of Dania Beach Tri-Rail Station". 5.4 Presentation by Mark Crosely, Assistant Executive Director and Susan Engle, Commissioner, Florida Inland Navigation District (FIND), of a check in the amount of $161,500.00 for Griffin Marine Park. Bonnie Temchuk, Assistant to the City Manager, advised that the City received funding from the Florida Inland Navigation District to design and construct Griffin Marine Park. Ms. Temchuk then introduced Susan Engle, FIND, who presented the City with a check for $161,000.00 Vice Mayor Flury thanked Bonnie Temchuk for helping the City to receive the grant. Commissioner Mikes explained how the property was acquired and enhanced through grants funding. Commissioner Mikes requested Item 5.7 to be heard after Item 5.4 5.5 Presentation by Broward County and City staff relating to the Land Preservation • Bond Program. Laurence Leeds, Growth Management Director, introduced Don Burgess from the Land Preservation Program. Mr. Burgess presented back-up material and commented on each site. Commissioner Mikes inquired as to whether the County had acquired the two (2) parcels at the beach that are adjacent to the Dania Beach pier. Mr. Burgess explained that the County acquired the northern parcel which will be given to the State to manage as part of the John U. Lloyd State park. He added that the two lots are located in the City of Hollywood. In regards to the southern parcel, Mr. Burgess advised that they are trying to negotiate with the property owner and, if successful, will also donate the property to the State. Commissioner Mikes inquired as to whether it would be possible for the City of Dania Beach to manage the beach parcels by working something out with the City of Hollywood, or maybe coming to an agreement with the State to maintain the parcels. It was the consensus of the Commission to request that the City Manager contact the City of Hollywood about the chance for negotiation and come back with his findings. Mr. Burgess agreed to provide the City Manager with information on the parcels. Vice Mayor Flury was concerned that once the bond funding is used, the acquisition program will be over. She further stated that time is running out and that she was concerned that the City may not receive any property as part of the bond program. MINUTES 3 NOVEMBER 12, 2002 CITY OF DANIA BEACH • Mr. Burgess expected the review of Conservation Land and Green Spaces Programs to end December 31 and that the remaining money would be used for Open Space Funds. He reported that the City of Dania Beach did not apply for Open Space Funds, however, the County may open a new phase in January or February and applications would be sent to all the cities to apply for the funding. Commissioner Mikes was of the opinion that the City might wish to consider other parcels which at the beginning of the program were turned down. Mr. Burgess said they will support any parcels being reconsidered by the City, as long as the City acts before the money is transferred to Open Space Funds. Mr. Burgess advised that Site #136 is under an option contract with the Trust Public Land, who would like to acquire the property. They have been in touch with City staff and the City is willing to manage it, however, there is an issue with the naming of the site. Director Leeds explained that property site 36 is owned by the Spike family who are willing to sell to the County with the condition that the property be named "Spike Park". Mr. Leeds had no objection to the name and considered the property a benefit to the City. The Commission generally agreed to acquire the property and to name the site as requested by the owners. 5.6 Request from Joe Smith to close half of Fronton Boulevard, from N.E. 1st Street to N.E. 2"d Street, on Saturday, December 7th, 2002, from 6:00 AM to 2:00 PM, for the purpose of having a Car and Motorcycle Show in conjunction with the Flea Market being ® held at Frost Park. Kristen Jones, Acting Parks and Recreation Director, presented the request and mentioned that BSO would assist with traffic. The event will not adversely affect the Dania Jai-Alai and all funds will go to the City. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving the closure of half of Fronton Boulevard on Saturday, December 7th, 2002, from 6:00 AM to 2:00 PM. 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 5.7 was heard after Item 5.4 5.7 Comments on recent developments of proposed South Runway expansion. (Commissioner Mikes) Commissioner Mikes asked Brenda Chalifour, Special Counsel on Airport Matters, for an update on the Airport expansion issues. Attorney Chalifour stressed the important role played by the City of Dania Beach in educating the public on the adverse impacts of the expansion of the South Runway at the Fort Lauderdale-Hollywood International Airport. Attorney Chalifour further explained that the City of Hollywood has taken a tremendous step forward by conducting Power MINUTES 4 NOVEMBER 12, 2002 CITY OF DANIA BEACH • Point presentations to communities in Broward County on the impact of the expansion. The word is getting out regarding the airport issue and the fact that expansion options need to be re-addressed by the Broward County Aviation Department. Attorney Chalifour pointed out that a report was issued recently by Broward County, but unfortunately the County has chosen not to release the document. Save our Shoreline, the City of Hollywood and the Miami Herald have requested a copy, however, the County claims it is exempt from public records. The Attorney General's Office is reviewing the issue and offered to intercede between Save our Shoreline and the County to obtain the report. Attorney Chalifour was of the opinion that the report validates everything that has been transmitted on the expansion. Attorney Chalifour advised that "Clean Airport Partnership" was scheduled to make a formal presentation on December 10th to the County Commission, but the presentation has been cancelled or maybe postponed. Attorney Chalifour thanked the City Commission for their efforts on the airport expansion issue. Commissioner Mikes commended Attorney Chalifour for her professionalism and for keeping the public informed on the project developments. Commissioner Mikes further quoted some comments from an article published by the Sun Sentinel on Friday, November 7, regarding the airport issue. Commissioner Mikes advised that several meetings have taken place this past week and the City has been well represented by the firm of White & Case. Commissioner Mikes also mentioned that City Manager Pato has been very cooperative and helpful in the airport matter. Commissioner McElyea commended Commissioner Mikes for his hard work on the • airport matter on behalf of the community. Commissioner Bertino mentioned that the City of Dania Beach has played a very important role in the airport fight. He advised that, although some years ago, Commissioners Bill Hyde, Bobbie Grace and Al Jones sold the City out by voting to approve the Interlocal Agreement with the County to build the airport, he was hopeful that the City can make a difference in the expansion alternatives. 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: Vice Mayor Flury pulled Item 7.4 and Commissioner Mikes pulled Items 7.5 and 7.6. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Bills- Approval of Bills for the Month of September, 2002. 7.2 Minutes: • -Approval of minutes for Special Meeting, September 24, 2002. • -Approval of minutes for Regular Meeting, September 24, 2002. • -Approval of minutes for Workshop Meeting, September 30, 2002. • -Approval of minutes for Special Meeting, September 30, 2002. • -Approval of minutes for Regular Meeting, October 8, 2002. 7.3 Travel Expenditures MINUTES 5 NOVEMBER 12, 2002 CITY OF DANIA BEACH • November 10-14- Ratification of travel for Mike Sheridan, Public Works/Utilities Director, for his attendance at Florida Section AWWA (American Water Works Association) Conference in Tampa. o December 4 — Approval of travel for Mike Sheridan, Public Works/Utilities Director, for his attendance at 2nd Biennial Stormwater Management Conference in Orlando. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY— 7.7 " AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "STIRLING SUITES" PLAT, SUCH PROPERTY BEING LOCATED AS THE VACANT PROPERTY LOCATED AT THE NW CORNER OF 1-95 AND STIRLING ROAD, IN THE CITY OF DANIA BEACH 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 "STIRLING SUITES" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR CREATION OF THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION; APPROVING THE REAPPORTIONMENT PLAN INITIATED BY THE MPO PURSUANT TO SECTION 339.175(2)(C), FLORIDA STATUTES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of items 7.4, 7.5 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 ITEMS PULLED FROM THE CONSENT AGENDA: 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, STRONGLY RECOMMENDING THE BROWARD COUNTY COMMISSION RECONVENE THE REGIONAL FIRE/EMS TASK FORCE TO REVIEW THE PROPOSED BROWARD COUNTY REGIONAL FIRE RESCUE SERVICES DELIVERY PLAN BEGINNING FISCAL YEAR 2003, TO STUDY THE IMPLEMENTATION AND FUNDING METHODOLOGY OF THE PLAN, TO ENABLE THE REGIONAL FIRE/EMS TASK FORCE TO PROMULGATE RECOMMENDATIONS FOR IMPLEMENTATION, STAFFING AND FUNDING, AND OPPOSING THE USE OF COUNTYWIDE GENERAL FUNDS EXCEPT WHERE RECOMMENDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mike Brown, Deputy Fire Chief, advised that the main purpose of the Regional Fire/EMS Task Force was to create a regional communication system, perform a closer unit response, and a regional hazardous material system for the benefit of all the cities. He MINUTES 6 NOVEMBER 12, 2002 CITY OF DANIA BEACH advised that Fire Chief Ken Land is a member of the Regional Fire/EMS Task Force. Deputy Chief Brown further advised that in September, 2002, task force meetings were stopped and the County implemented a Service Delivery Plan at a cost of 16.8 million dollars a year, with an added cost for capital of 17.5 million dollars a year. Consequently, the added cost for the Regional Delivery Plan for the City of Dania Beach, for fiscal year 2002-2003 is $262,642 dollars and for fiscal year 2003-2004 will be $356,867 dollars, which does not include the amount of $400,000 to build four fire stations and purchase of new equipment. Many other items were never discussed and certainly would need to be addressed. Deputy Chief Brown indicated that a number of other cities have already passed the resolution and he requested Commission support to reconvene the Task Force and discuss the issues that are still on the table. Deputy Chief Brown introduced Fire Chief Donald Di Petrillo, Town of Davie, who also served on the Task Force for several months. Chief Di Petrillo, Town of Davie, explained that the focus of the Task Force was to work together to save lives, build a regional system with communications and service issues, as well as deal with terrorism, and day-to-day needs of the departments. Chief Di Petrillo advised that the Town of Davie and the City of Dania Beach have an Automatic Aid Agreement and that, although the system was working well, some communication improvements were needed to link the dispatch centers together as a starting point. He pointed out that Broward County has grown up as a community as well as other municipal communities and that it is necessary to build a unified system that will take a number of years. Unfortunately, the County moved further ahead than the Task Force wanted it to, and put together a multi-million dollar plan based on some consensus issues and some non-consensus issues. Based on these concerns, recommendations were made for the Task Force to reconvene as the only viable way to move into the future in fire rescue services within the County. Chief DiPetrillo urged the Commission to consider passing the resolution. Discussion followed among Vice Mayor Flury, Commissioner Bertino and Deputy Fire Chief Brown on the effectiveness of the Task Force recommendations. Commissioner Bertino suggested that should the County decide not to reconvene the Task Force, that Cities should take action to reconvene the Task Force to come up with viable options or take the matter to a County referendum. 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 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION BY NEIL ZUCKER, OWNER OF THE HARBOR GRILLE LOCATED AT 815 NE 3RD STREET, DANIA BEACH; FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes thought the Resolution should have been presented as a public hearing based on the impact on the community. Commissioner Mikes invited Bill MINUTES 7 NOVEMBER 12, 2002 CITY OF DANIA BEACH Wosenitz, NE 2"d Court, to express his concerns about the extended hours license for Harbor Grille. Bill Wosenitz complained about the loud noise impacting the residential community and felt restrictions should be imposed to reduce impact on the residents during late night hours. The City Commission generally agreed to have notices sent out to property owners within 300 feet of Gulfstream Road and invite residents to voice their concerns and recommendations at a public hearing setting before taking action. Growth Management Director Leeds agreed to send notices to nearby property owners. Mr. Leeds pointed out that the process may take some time and he was not sure if this could be done by the November 26 meeting, as he would like to provide at least ten days notice and do some research. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to continue the item to either the November 26th or December 10th meeting as determined by staff. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING ® AN ANNUAL DR. HERMAN WRICE AWARD FOR HIS LEADERSHIP EFFORTS IN ENHANCING DRUG-FREE COMMUNITIES IN OUR CITY; AN AWARD HONORING THE MEMORY OF DR. WRICE AND HIS DEDICATED SERVICE TO THE COMMUNITIES OF THE CITY OF DANIA BEACH; PROVIDING FOR AN EFFECTIVE DATE. At Commissioner Mikes request, City Manager Pato read the Resolution. Commissioner Mikes summarized the many achievements of Dr. Herman Wrice in his fight against drugs throughout the country and his brilliant understanding of human psychology. Commissioner Mikes felt that since Dr. Wrice passed away in Dania Beach, something special should be done to recognize all his community efforts. He recommended establishing an annual award to honor those members of the community who have pursued Dr. Wrice's cause against drug crimes. Commissioner Mikes suggested that two nominees be selected each year. For 2002, he nominated Sophie Steele and Merita Mitchell for the award and requested a presentation at the next Commission meeting where all the achievements of the two nominees could be presented. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, approving an annual Dr. Herman Wrice Award and nominating Sophie Steele and Merita Mitchell for the 2002 award. The motion passed on the following 5/0 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes MINUTES 8 NOVEMBER 12, 2002 CITY OF DANIA BEACH Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: (Items under 9.1 were continued from October 8 and October 22 meetings. Applicant is requesting continuance to November 26, 2002) 9.1 a) VA-30-02 — A Variance request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd., to provide 18% 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 (VA-30-02 and SP-31-02) to November 26, 2002, Regular Meeting. 9.2 ZA-64-02- A Zoning Appeal request by Ronald I. Book, P.A., representing the owners of Aries II, appealing the determination of the Growth Management Director that nightclub use is not permitted at the property because there is insufficient parking. Property located at 3841 Griffin Road on the north side of Griffin Road directly west of the Royal India Restaurant, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY RONALD L. BOOK, P.A. REPRESENTING THE OWNERS OF ARIES II FOR PROPERTY LOCATED AT 3841 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, . PROVIDING FOR AN EFFECTIVE DATE. MINUTES 9 NOVEMBER 12, 2002 CITY OF DANIA BEACH At this time, City Attorney Ansbro advised that items under the Public Hearing section are Quasi-judicial matters and that all witnesses wishing to speak on any of the items must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. Attorney Ansbro presented an Oath to all those desiring to speak on the agenda items. In regards to ZA-64-02, Commissioner Bertino made a disclosure that he spoke with the principals involved in the appeal. Laurence Leeds, Growth Management Director, read his Staff Report for the record. Attorney Ronald L. Book, Ronald L. Book, P.A., 2999 NE 191 Street, Aventura, representing the applicant, thanked City staff for the courtesies extended to his client over the last several months. Attorney Book pointed out that his clients have suffered throughout a very lengthy legal process on the use of the property, which was not due to City staff. The property problems have been ongoing since the Sea Shanty restaurant closed many years ago. Attorney Book explained that he was first told that there was no Certificate of Use and Occupancy for the property and if there was one, it would have expired a long time ago for non-use of the property. He clarified that if there were a six month period of continuous non-use, any non-conforming use would go away in accordance with standard zoning law. Attorney Book also mentioned that nothing in the application refers to adult entertainment or nudity and that his clients agree that any approvals granted • would be dependent on such condition. Attorney Book stated that the original owner, Mr. Singh, in the summer of 2001, was operating a restaurant that included adult entertainment. Once he was notified by the County and City officials that this was an improper use for the property, Mr. Singh ceased using the property for adult entertainment. In September, 2001, about three days prior to the annexation of the property into the City of Dania Beach, the owner received a notice from Broward County of their intention to revoke the Certificate of Use and Occupancy. At the time, Mr. Singh wrote back to the County explaining he had a visit from the County inspector and that he ceased operating adult entertainment. Since the County did not respond, Mr. Singh believed his letter was sufficient to answer the question and he closed his operation. Some time after that, Mr. Singh leased his property to a new operator who went through all of the motions that Mr. Leeds described to start operating his business. He did not have a proper occupational license, but had a Certificate of Use and Occupancy which, under Florida Law, never expired, because it was never revoked. He continued to operate the business as a restaurant and wanted to have adult entertainment as well. The operator then ceased to operate his business in March 2002. Attorney Book continued explaining that Mr. Chattersingh executed a lease agreement with Mr. Singh and when he came to the City to apply for an occupational license, he was informed that they could not operate a business because they did not have a valid Certificate of Use and Occupancy. After several months trying to clarify the situation, it was determined that there was no valid revocation of the property owner's Certificate of . Use and Occupancy. The County finally agreed to write a letter saying they rescinded any previous notification where a Certificate of Use and Occupancy would have been MINUTES 10 NOVEMBER 12, 2002 CITY OF DANIA BEACH revoked. At this point, Attorney Book considered that his client was in possession of a valid Certificate of Use and Occupancy for a "Restaurant and Lounge". Attorney Book submitted, for the record, copies of the Occupational Licenses which included "Restaurant, Bar and Lounge" and also "Club and Live Entertainment". He was of the opinion, therefore, that the premises was operated in that form in the past, whether legal or illegal, and that those Occupational .Licenses were approved. Attorney Book further advised that an appeal was filed by his client as well as a re-appeal to deal with the Club and related issues. He understands there are parking issues and suggested that the City allow his client to operate a Restaurant, Lounge and Club, with the 31 existing parking spaces. At this time, Attorney Book provided the Commission with copies of a signed petition in favor of the night club use. Attorney Book advised that they are also pursuing a cross-parking agreement with Florida Power & Light, which would provide 41 additional parking spaces. In addition to those spaces, Attorney Book advised an adjacent restaurant, the Royal India Restaurant, will not be open late at night, and have agreed to let his client use 35 available parking spaces. He further mentioned that a formal agreement could be prepared with the Royal India. He agreed to exceed the requirements of the restaurant and presented pictures of the parking areas. George Jason, President of the Davis Isles Homeowners Association, opposed the request. Mr. Jason advised that residents of Davis Isles are directly opposite the canal and are against the petition because of the close proximity of the business. Attorney Book reiterated that there will not be any noise or anything that will cause any discomfort to the community. Mayor Chunn opened the public hearing. Walty Buhanan, SW 15th Street, spoke against the petition. Charlene Scalese, 826 NW 13th Avenue, spoke against the petition. Laurence Leeds, Growth Management Director, explained that Broward County Building and Zoning Department determined that if a particular use is permitted at a specific location, and if the use is appropriate, they issue a "Certificate of Use". The Certificate of Use that was issued did not include nightclub or live entertainment use. On the issue of parking spaces, Mr. Leeds advised that per the Annexation Agreement, the Broward County Code has very specific requirements regarding the use of adjoining property to meet parking requirements and one of these requirements is that the adjoining property must have its own access to a major arterial. The Florida Power & Light property can only be accessed through the Aries II lot. Therefore, it is the City's interpretation of the Broward County Code that this property cannot be used to meet the requirements of parking and that the same situation applies with the Royal India Restaurant. Director Leeds further advised that it seems that the only remedy for parking would be to apply for a variance. If Attorney Book applies for a variance, he would have to demonstrate a hardship to the Commission. On the noise issue, Director Leeds advised that noise problems are very difficult to enforce. It requires a police officer to be trained and certified in the use of a special device called the decibel meter, which must also be properly calibrated. Mr. Leeds MINUTES 11 NOVEMBER 12, 2002 CITY OF DANIA BEACH • added that the main issue was that the use was not grandfathered in the Broward County Certificate of Use and that the other component, which is entertainment, required a variance. The applicant is, therefore, allowed to use the property as a restaurant and lounge, however, he cannot have amplified music, entertainment, or a disc jockey. Attorney Book disagreed with staff interpretation by stating the following: 1) The Commission can allow the use of the premises as a club setting; 2) They will reimburse the City for the expenses incurred in the training of a Code Enforcement officer or a BSO officer to use the noise meter and the purchase of the equipment. Attorney Book was of the opinion that the appeal before the Commission is proper and that it would be unfair not to consider the Occupational License when making a decision on the appeal. Hearing no further comments, Mayor Chunn closed the public hearing. City Manager Pato asked Attorney Book if the owners of the Aries II currently operate a club elsewhere. Attorney Book advised that his clients have operated a restaurant in the past, but not a night club. Commissioner Bertino advised that the area is now part of the City of Dania Beach and that the residents have the right to expect full protection from the City. He further mentioned that the City should not be making an exception in the case of this newly incorporated area by granting a variance to rules already established in the City. Commissioner Bertino was satisfied with the recommendations presented by the Growth Management Director. City Attorney Ansbro presented his legal opinion in concurrence with the Growth Management Director's opinion that the Certificate of Use prevails over any occupational licenses. He further said that if the owner of the property wishes to have a larger restaurant, because of the parking, he would need a variance which would have to be presented to the Planning and Zoning Board. Notices would have to be sent out to affected property owners on the issue of parking and the variance be brought back to the Commission for the ultimate decision on "hardship". He reiterated that the owner can operate a restaurant, but the property is not authorized to conduct live entertainment. Commissioner McElyea briefly mentioned that many years ago the place was a nice restaurant and that they could still have a fine restaurant without live entertainment. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, denying the Resolution (ZA-64-02) for a zoning appeal. 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 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned that one important issue for the City to move forward on is the rezoning of businesses and residential properties along Griffin Road. MINUTES 12 NOVEMBER 12, 2002 CITY OF DANIA BEACH Griffin Road will become the future business area of the City of Dania Beach, hence it should be properly managed. Commissioner Bertino suggested rezoning a strip along Griffin Road and include proper buffering for the single family homes to establish business positive for the City. He further asked City Manager Pato to consider taking some action on the issue. City Manager Pato advised that some discussions have already taken place and that this is a costly project that was not budgeted for and therefore requires more thought. He also explained that some funds will have to be secured and that the City's primary objective, in regard to Growth Management, is to conclude negotiations with Broward County relating to the CRA. If the Commission would like to pursue the rezoning issue, City Manager Pato suggested to begin the process in January 2003. Vice Mayor Flury suggested that City staff be allowed to develop a plan and come back with recommendations some time in January. Director Leeds advised that the best course of action would be to hire a consultant to review each block along the corridor to determine the appropriate depth of commercial zoning. Mr. Leeds further mentioned that the approximate costs for the plan and rezoning would be in excess of $30,000 and that it would take between six months to a year to complete. 10.2 Commissioner McElyea thanked the other members of the Commission for excusing him at the October 22 meeting as his son had to go to the hospital for triple bi- pass surgery and is recovering very well. • Commissioner McElyea advised of a letter from a resident at Melaleuca Gardens complaining about children playing until 2:00 or 3:00 AM at Northside park. Commissioner McElyea mentioned that he already spoke with the City Manager about the problem. Commissioner McElyea advised that lights are out from the bridge all the way to the Dania City limits and that something needs to be done to report the repairs to Florida Power and Light. Commissioner McElyea asked about the status of the traffic light on SE 5th Avenue and Dania Beach Boulevard, which was promised to the City some time ago, and wondered if Dania Jai Alai was causing the delay. Director Leeds advised that the City met with FDOT but they rejected all of the suggestions presented to them. The Danians has agreed to close their western driveway. The next step is to get Mr. Snyder, Dania Jai Alai, to move his driveway 50-60 feet west. Mr. Leeds said that he met with Mr. Snyder and Mr. Snyder stated he was not prepared to make a decision at this time. Mr. Leeds then asked Attorney Ansbro if Mr. Snyder could be forced to move his driveway. City Attorney Ansbro advised that he would have to look into the legal matter. Commissioner McElyea reported that two of the school crossing guards at Collins Elementary and Dania Elementary served as poll watchers on November 5th, and while • they did their poll duties, there were no guards to help the children cross the street at the schools. He requested staff to look into the matter. MINUTES 13 NOVEMBER 12, 2002 CITY OF DANIA BEACH 10.3 Commissioner Mikes asked City Attorney Ansbro to provide the Commission with an updated version of the procedures for Quasi Judicial cases and suggested a workshop be conducted on the matter. Commissioner Mikes mentioned his attendance at the recent League of Cities Board of Directors meeting which discussed the "Replant Broward" Committee having 175,000 trees available in Broward County. Over 80,000 trees will be available soon for people who have lost trees from citrus canker. The first distribution will take place in Hollywood and Commissioner Mikes agreed to report back on the dates of distribution. At this time, Commissioner Mikes presented his comments on Item 11.3. See Item 11.3. On the airport subject, Commissioner Mikes mentioned that the "Clean Airport Partnership" report was extremely critical to the County for airport development. He added that the study will need to be re-addressed and that there is a need to look at other South Runway expansion options. Commissioner Mikes also mentioned that he is very pleased to see the City of Hollywood working closely with the City of Dania Beach on the airport issue. 10.4 Vice Mayor Flury congratulated Commissioner McElyea and the Dania Historical Society for winning first place at "Pioneer Days" which was held in Weston, Broward County's newest city, and that it was Broward's oldest city that received first prize. Vice Mayor Flury advised that there are complaints in the northeast section, mainly NE 2nd about huge gasoline trucks coming into the residential area and pumping gas into the big boats that are docked. She added that there is a City Ordinance that states that it is unlawful to sell, distribute or dispense gasoline into boats or storage tanks. She passed out pictures of an Exxon truck pumping gas. Vice Mayor Flury further asked the City Manager to take necessary action to prevent this from happening again. She wanted the license tag on the gas truck in order to fine the company for pumping gas in a residential area. Vice Mayor Flury asked Chief Cowart, BSO, if there were a lot of citizens calls for service regarding "Motel 6" on Dania Beach Boulevard, as she received complaints about the business. Chief Cowart explained that from January to September 30th this year, BSO received 166 calls for service. He mentioned that BSO held several meetings with "Motel 6" and made suggestions to enhance security, but, unfortunately, they have not moved forward with any of BSO's suggestions. Chief Cowart reported that he met today with the general manager and advised him that his unwillingness to get involved on the issue is unacceptable, and, therefore, BSO may have to take the matter before the Nuisance Abatement Board. Chief Cowart concluded that the case will be turned over to Crime Prevention tomorrow and that he will be meeting with the City Attorney to draft a letter to move forward and bring the business before the Nuisance Abatement Board. Vice Mayor Flury reported that on Election Day she visited all the polling places in Dania Beach and she noticed the lack of disabled parking spaces provided. She suggested • that for the next election, the parking spaces for the City Manager and Commissioners be converted into disabled parking at City Hall. MINUTES 14 NOVEMBER 12, 2002 CITY OF DANIA BEACH 10. 5 Mayor Chunn- No comments. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Staff update on Site Plan Modification request by Gunster, Yoakley & Stewart, P.A., representing Finvarb Hospitality, Inc. (Courtyard by Marriott) for the construction of a 174 room hotel. Property located north of the Bass Pro Shops 200-220 Gulfstream Way and the IGFA Museum, 230 Gulfstream Way, Dania Beach. Laurence Leeds, Growth Management Director, informed the Commission of the changes made to the site plan which was approved by the Commission in June. The revised building elevation drawings show a more rounded building. He further stated that because these were minor changes, it was approved at the administrative level, however, being such a significant project, staff wanted to inform the Commission. The Commission generally agreed that it was a very nice building. 11.2 Discussion of approval process for charity functions and use of City employees. (Commissioner Mikes) Commissioner Mikes suggested that a policy be prepared on how staffing is used for special events, mainly police or firefighters. City Manager Pato advised that when there is a private function, not a well-known event, it is now necessary for him to sign off on the request, so that he will be aware of the use of staff. 11.3 Discussion of establishing a voluntary school nurse program in the City as recently proposed by the Broward League of Cities. (Commissioner Mikes) Item 11.3 was discussed under Commission Comments: Commissioner Mikes advised that at the League of Cities meeting there was a discussion of a "Volunteer School Nurse Program" where they are trying to attract retired nurses, on a voluntary basis, to work in Broward County schools or throughout the state. He suggested to spread the word to see if some of the City of Dania Beach schools could get enrolled in the program. 11.4 Discussion of canceling the second regular meeting in December due to the holidays. (Staff) City Manager Pato reassured the Commission that all the issues that are important will be on the December 10th meeting. A motion was made by Commissioner McElyea, seconded by Vice Mayor Flury, canceling the second regular meeting in December. 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 15 NOVEMBER 12, 2002 CITY OF DANIA BEACH 12. APPOINTMENTS: (See Items 12.2, 12.3 and 12.8) 12.1 Appointment of two (2) members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.2 Appointment of one (1) member to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes appointed Gary Luedtke to the Budget Advisory Board 12.3 Appointment by Commission of one (1) Alternate citizen member on the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE CITIZEN MEMBER ON THE ® CIVIL SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A THREE-YEAR TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Flury appointed Randi Smith as the Alternate Citizen member on the Civil Service Board. 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 Mayor Appointment of a member to Dania Beach Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE DANIA BEACH HOUSING AUTHORITY; PROVIDING THAT SAID MEMBER SHALL SERVE A FOUR (4) YEAR TERM ENDING NOVEMBER 1, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.6 Appointment of one (1) member to the Marine Advisory Board. • "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND MINUTES 16 NOVEMBER 12, 2002 CITY OF DANIA BEACH AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "MARINE ADVISORY • BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.7 Appointment of 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." 12.8 Appointment of two (2) members to the Unsafe Structures Board to fill the positions of licensed Architect and Plumbing Contractor. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENTS OF AN ARCHITECT AND PLUMBING CONTRACTOR TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT MEMBERS SHALL COMPLETE THREE (3) YEAR TERMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes advised that Alex Ortiz has resigned as a member on the Human • Relations Board. He appointed Jay Field to complete the 2-year term. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolutions approving the appointments. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager— Update on Dania Cut-off Canal Dredging Project City Manager Pato informed the Commission and the public that the dredging project will have to be postponed until April of 2003 in order to accommodate the manatee season. City Manager Pato reported that on a recent visit to the Pier he noticed some surface cracks and that there is an agreement to have them repaired and maintained at no cost to the City. City Manager Pato mentioned that he met with some people who are interested in the possibility of running the Pier restaurant. They have agreed that it is important to keep the Bait Shop on the Pier and that they will have no objection including it in the restaurant complex. • MINUTES 17 NOVEMBER 12, 2002 CITY OF DANIA BEACH Meeting Reminders: *November 21 — 6:00 p.m.-Special Meeting-Abatement Hearings *November 21 —7:00 p.m.-Special Meeting-Street Closure In response to the comments previously made by Vice Mayor Flury on the Nuisance Abatement Board issue, City Manager Pato explained that this is complicated work that requires time to review the files and pursue cases. Compliance is the objective and not punishment, and BSO has tried to avoid bringing anybody to the Nuisance Abatement Board, however, they intend to remain very aggressive. City Manager Pato thanked the Commission for their input on some important issues that have been discussed. He further mentioned that construction started at Frost Park today and that they are hoping to have the Community Police BSO Sub-Station finished by the end of the year. 13.2 City Attorney- No comments. 13.3 City Clerk- No comments. 14. ADJOURNMENT The meeting adjourned at 10:18 p.m. O ERT H. A—HUNN, JR., MAY R ® TES i 1�"lx� C A L I f KE J H SON CITY CLERK RESOECIFULLY SUBMITTED BY MIRIAM NASSER, DEPUTY CITY CLERK APPROVED: January 14, 2003 MINUTES 18 NOVEMBER 12, 2002 CITY OF DANIA BEACH