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HomeMy WebLinkAbout1372 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 26, 2002 1. CALL TO ORDER: Mayor Chunn opened the meeting at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Tannie Lewis, Gethsemane Missionary Baptist Church 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 City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: Pauline Cray, 54 SW 14" Street, Dania Beach, requested that the City Commission reconsider a reduction in the Code Enforcement Lien imposed on her property over 2 years ago. She explained that she had to leave for Vermont in April 2000, where her sister and niece lived, due to both being diagnosed with cancer. Ms. Cray realized she made a mistake by not informing the City of her address change. Shortly after, both of her relatives passed away. At the time, she was not aware of the violations on her property. Ms. Cray further said that once she knew of her property violations, she returned to Dania Beach and hired a company to make the improvements and maintain the property. Commissioner Bertino advised that these cases are handled at the Abatement Hearing meetings and that the next meeting will be on January 16, 2003. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury to reconsider the case in January. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Commissioner McElyea commended Ms. Cray for bringing her property up to standard. Commissioner Mikes advised that the fines for violations get too high. The procedures to treat these violations have changed and the main objective is "compliance" and not to take homes away from the people. MINUTES 1 NOVEMBER 26 2002 CITY OF DANIA BEACH Vice Mayor Flury agreed with Commissioner Mikes that the City does not want to cause any hardship to anyone, or,take anybody's home away, but that people make calls to the Code Enforcement Department with complaints about properties that are not in compliance. Code MEnforcement provides opportunity for people to come into compliance with Code problems and that Code Enforcement does a good job. Vice Mayor Flury further stated that when considering a fine to be imposed to a property owner, both sides of the story should be heard. Mayor Chunn suggested that people who have illnesses and have a hardship complying with Code Enforcement may want to contact him to see if he can make arrangements to get a group of people to help bring the property into compliance. Commissioner Mikes expressed his concerns with the increase of rental properties within the City and that this is causing neighborhoods to deteriorate. Charlene Scalese, 826 NW 13th Avenue, Dania Beach had a personal comment. Janice Reed, 205 NE 1st Ct, Dania Beach, mentioned that an 11 foot wall was approved for the construction of the building for Victoria L'Originale, a coffee business on North Federal Highway, and that due to the proximity of the fence to the power lines, Florida Power & Light made the owner reduce the fence behind the building by 50%. Ms. Reed requested that the problem be resolved. Laurence Leeds, Growth Management Director, advised that he already spoke with Mr. and Mrs. Reed and that a letter is being sent to the architects who are responsible for the wall issue for the business and that Mr. and Mrs. Reed were copied on the letter. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation by Fire Chief Land regarding the award of three EMS grants totaling $47,694, through a partnership with the City of Hollywood, for various EMS equipment. Fire Chief Land advised that the City has been awarded 3 grants under the Dania Beach Partnership with Hollywood Fire Rescue for EMS equipment. Chief Land added that among the cities that applied for these grants, Dania Beach and Hollywood were the only ones that were fully approved and funded for each grant. Chief Land also mentioned that the Fire Department received about $10,000 in donations in the past month, which included 3 stretchers for the rescue trucks and a piece of rescue equipment. 5.2 Request by Gold Coast Region of the Porsche Club of America for a one year blanket event permit to run Autocross at Dania Jai-alai NW parking lot. City Manager Pato advised that the Gold Coast Region of the Porsche Club of America would like to have a one year blanket authorization to use Dania Jai-Alai NW parking lot to have their events throughout the year. Ted Ritter, representing Gold Coast, explained they are requesting this special permit, after their successful event celebrated on October 26. They are planning a maximum of 7 events during the coming year, and a minimum of 4, all to take place on Saturdays. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the one year permit, with the condition that the City would reserve the right to take the permit MINUTES 2 NOVEMBER 26, 2002 CITY OF DANIA BEACH back should there be any problems in the future. 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 5.3 Donation award by Steve Cohen, Chapter Director of the Gold Wing Road Riders Association (GWRRA) Chapter FL2-R. Steve Cohen, Chapter Director of the Gold Wing Road Riders Association (GWRRA) presented a check for $357.00 to the City Commission. Mr. Cohen further advised that this is a national organization and that once a year they have a charity event and a fundraiser at "John Stretch" Park and they raise money fora charity. This year they are making a donation to the City as a way to say "thank you". City Manager Pato explained that the donation will be turned over to the Dania Beach Community Council who is very active in helping people, particularly as the holidays approach. ITEM 9.6 WAS HEARD AFTER PRESENTATIONS 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: Vice Mayor Flury pulled Item 7.5 and Commissioner Mikes pulled Items 7.8 and 7.9. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Bills- NONE 7.2 Minutes: • -Approval of minutes for Workshop Meeting, October 10, 2002. • -Approval of minutes for Workshop Meeting, July 12, 2001. 7.3 Travel Expenditures- NONE Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ENCROACHMENT AGREEMENTS ON BEHALF OF THE CITY OF DANIA BEACH, WITH VARIOUS OWNERS OF PROPERTIES WHOSE LANDS ABUT PROPERTY OWNED BY THE CITY, WHICH PROPERTY IS COMMONLY KNOWN AS THE "FIRE STATAION 93 SITE", SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes suggested that whenever a City property is involved, the procedure to follow should be the one used in a variance or lease application, so that it becomes a public hearing, it is properly advertised and the public has the opportunity to comment on it. Vice Mayor Flury and Commissioner McElyea both agreed with Commissioner Mikes' MINUTES 3 NOVEMBER 26, 2002 CITY OF DANIA BEACH statements. Commissioner Bertino inquired about the terms of the agreement. City Manager Pato explained that there are still some modifications to be made to the agreement and that is the reason why staff would like to continue this item to December 101h meeting and bring it back with recommendations to the Commission. Commissioner Mikes finally requested that when reviewing the agreement, the liability aspect of it should be thoroughly checked. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH ADOPTING RECITALS; APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY TO ESTABLISH COUNTY, COMMUNITY REDEVELOPMENT AGENCY, AND CITY RESPONSIBILITIES FOR THE IMPLEMENTATION OF THE COMMUNITY REDEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY— 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO COMMUNITY REDEVELOPMENT; ESTABLISHING A REDEVELOPMENT TRUST FUND AS PERMITTED PURSUANT TO SECTION 163.387, FLORIDA STATUTES (2002); PROVIDING FINDINGS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 AN ORDINANCE AMENDING CHAPTER 28 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2. "DEFINITIONS," SECTION 2.10. "DEFINITIONS" TO DEFINE TERMS RELATED TO NONCON FORM ITIES; AMENDING ARTICLE 8 "NONCON FORM ITIES" TO REVISE THE STANDARDS APPLICABLE TO NONCONFORMITIES WITHIN-THE CITY OF DANIA BEACH; AMENDING ARTICLE XXVII. "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 27.80 "LAWFULLY EXISTING DEVELOPMENT' TO ADDRESS THE APPLICABILITY OF THE FLORIDA BUILDING CODE; AMENDING ARTICLE XXX. "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT," SECTION 30.80 "LAWFULLY EXISTING DEVELOPMENT" TO ADDRESS THE APPLICABILITY OF THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, approving the Consent Agenda with the exception of items 7.4, 7.5, 7.8 and 7.9. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes ,Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: ITEM 9.1 WAS HEARD AFTER ITEM 11.4 • MINUTES 4 NOVEMBER 26, 2002 CITY OF DANIA BEACH 9.1 VA-50-02 — A Variance request by Fred Massimilla to maintain two (2) automobile vehicle canopies with a five feet front yard setback (18 foot setback required) and two foot side • yard setback (five feet required). Property located at 5800 Park Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY FRED MASSIMILLA, FROM THE BROWARD COUNTY ZONING CODE ARTICLE XVI RESIDENTIAL ZONING DISTRICTS, FOR PROPERTY LOCATED AT 5800 PARK ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the resolution. Mayor Chunn opened the public hearing. Fred Massimilla, 5800 Park Road, Dania Beach, read a summary of reasons for supporting his request (attached hereto). Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes asked Growth Management Director Leeds about the wind load capability of the canopy material being used and whether of not the variance would expire if the property were sold in the future. Director Leeds advised that if the variance is approved, the owner will have to demonstrate that the canopy material meets the Building Code requirements. In regards to a change of property owner and the validity of the variance, City Attorney Ansbro explained that a stipulation could be placed on the title of the property. City Attorney Ansbro agreed to prepare the document and have Mrs. Massimilla record it in Broward County. Vice Mayor Flury supported the request based on the medical conditions of Mr. Massimilla. Vice Mayor Flury mentioned that there is another house in the area with a similar double canopy and that the City may have requests of this nature in the future. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution with the following conditions: 1) upon sale of the property, the variance expires; 2) Code Enforcement shall make sure that the canopy material meets Building Code requirements. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes At this time, City Attorney Ansbro advised that Items 9.2, 9.3 and 9.4, under the Public Hearing section, are Quasi-judicial matters and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. Attorney Ansbro presented the Oath to all those desiring to speak on these matters. 9.2 PL-52-02 - 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 MINUTES 5 NOVEMBER 26, 2002 CITY OF DANIA BEACH 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. (SECOND READING) Laurence Leeds, Growth Management Director advised that this is the preliminary plat approval to construct a six-story hotel. The access will be through a property owned by the Florida Department of Transportation on Stirling Road. The applicant is still required to submit a site plan and he has been made aware of the City's Tree Preservation requirements. The Planning and Zoning Board has recommended approval of the ordinance. Dick Cocker, representing the applicant, requested approval and introduced Ralph Denuzzio, Engineer for the project who was present to respond to questions. Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition, Mayor Chunn closed the public hearing. Vice Mayor Flury asked Mr. Cocker whether any clearing work will be done at the property. Mr. Cocker informed the Commission that a tree survey would be conducted and that there will be no clearing work until the required permits have been issued by the City. Growth Management Director Leeds indicated for the record that the applicant has agreed to comply with the City's Animal Relocation and Tree Preservation Ordinances before any clearing work is done. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes (Items under 9.3 were continued from October 8, October 22 and November 12 meetings) 9.3 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 • MINUTES 6 NOVEMBER 26, 2002 CITY OF DANIA BEACH Commerce Park on the south. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE LAW FIRM OF GUNSTER YOAKLEY, REPRESENTING DANIA DISTRIBUTION CENTRE, LTD., FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DANIA BEACH BLVD., BETWEEN SW 12T" AVENUE (EXTENDED) AND THE C-10 CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director explained the items were continued because there were concerns the original Site Plan did not show sufficient architectural detail. Attorney Courtney Callahan, Gunster, Yoakley and Stewart, P.A., representing Dania Distribution Centre, Ltd., made a brief presentation of the modified project. Attorney Callahan added that the applicant concurred with all conditions established by staff.. Mayor Chunn opened the public hearing. Hearing no comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes was very pleased with the architectural design. A motion was made by Vice Mayor Flury, seconded by Commissioner Mikes, adopting Resolution (VA-30-02) and Resolution (SP-31-02) subject to the following conditions: 1) a) Oak trees (inside wall) to be staggered as shown on the original landscape plan. b) Mahogany trees (outside wall) shall be setback at least 5 — 7 feet from the wall. c) Coco plum hedge to be installed on the outside of the wall. d) Retention area to be prohibited in the north lot line buffer. e) Landscaping and irrigation within Dania Beach Boulevard right-of-way to be provided in accordance with requirements of the Public Works/Utilities Director. f) Screen wall may be concrete block, tilt wall, or poured wall construction (horizontal slat wall prohibited). g) Applicant to provide a detailed cross-section of east lot line buffer, including placement of trees along slope of retention area. Retention slope not to exceed 4:1. h) Additional landscaping (including irrigation)within SW 12th Avenue right-of-way to be provided in accordance with requirements of the Public Works/Utilities Director. 2) No changes from the approved site plan concerning the location or type of retention facilities, landscaping, or screen wall without the prior approval of the Growth Management Director. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.4 a) RZ-42-02 — A request by John Bartley, B & B Builders Corporation, for a Zoning change from C-2 (Commercial) to PUD — B (Planned Unit Development) including the assignment of 19 reserve units. Property located east of SE 2nd Avenue, north of Sheridan Street). MINUTES 7 NOVEMBER 26, 2002 CITY OF DANIA BEACH AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY, B & B BUILDERSFOR PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN STREET, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING NINETEEN (19) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING 09/24/02 AND SECOND READING PROPOSED) Laurence Leeds, Growth Management Director, presented the zoning change requests. Mr. Leeds felt that the project is consistent with the objectives of the Commission to encourage single family development. Director Leeds recommended approval of the rezoning variance and site plan, subject to staff conditions. Commissioner Bertino made a disclosure that he spoke with the applicant. Mayor Chunn opened the public hearing for Items 9.4 (a), (b), (c) and (d). Jim Vandrew, owner of the office building adjoining the property on the south side, supported the project. He mentioned that they have already seen a great deal of improvement since the contractor started working in the area and they are now free of all the vandalism and trespassing problems that had been experienced in the past. . Teddy Bohanan spoke in favor of the requests. Morris Stowers, Executive Director, Dania Beach Chamber of Commerce, supported the project and remarked that the applicant provides high quality work. Marco Salvino, property owner in the area, supported the requests. Rose Lizana, 214 SE 2nd Street, spoke in favor of the requests. Mario Cinelli, Pastor of Hope Community Church in Dania Beach, spoke in favor of the requests. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes asked Growth Management Director Leeds about the storm drainage and the easements in the area. Mr. Leeds advised that one of the conditions is that the applicant must meet with the Public Works/Utilities Director before the building permit is issued. In regards to the easement, Director Leeds indicated that it is still being considered by Public Works Director Sheridan, however, Mr. Bartley has agreed to grant the City an easement on the street areas should the City ever need it. Vice Mayor Flury was pleased to see the development in the residential area. Mr. Bartley showed the Commission some samples of roof tiles being used on the project. MINUTES 8 NOVEMBER 26, 2002 CITY OF DANIA BEACH Commissioner McElyea mentioned that Mr. Bartley has always provided impressive development work for many years in the City. . A motion was made by Commissioner McElyea, seconded by Vice Mayor Flury, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes b) VC-07-02 — A Variance request by John Bartley, B & B Builders Corporation, to vacate unimproved portions of SE 14th and 15t6 Streets east of SE 2"d Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING PORTIONS OF UNIMPROVED SE 14T" AND 15T" STREETS AND MISCELLANEOUS EASEMENTS LOCATED EAST OF SE 2ND AVENUE, NORTH OF SHERIDAN STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. In regards to the Road and Easement Vacation request, Mr. Leeds had no objection provided prior approvals are received from City Attorney Ansbro and Mike Sheridan, Public Works/Utilities Director, before the Resolution is executed. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting the resolution (VC-07-02) subject to staff conditions and recommendations. 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 c) VA-46-02 — A Variance request by John Bartley, B & B Builders Corporation, to allow a minimum parcel size of 2.31 acres (Minimum 15-acre parcel required) A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, B & B BUILDERS, FROM CHAPTER 28 ZONING, ARTICLE 7.421, FOR PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution (VA-46-02), subject to the following staff conditions. 1) Provide floor plan demonstrating that garage is sufficiently large to accommodate two cars, including minimum garage door width of 16 feet. 2) Obtain written approval of Fire Rescue and Public Works/Utilities Departments. • MINUTES 9 NOVEMBER 26, 2002 CITY OF DANIA BEACH 3) Provide the details, including types, colors and embellishments, of the proposed six (6) foot masonry wall and the homes. Additionally, the height of the wall must be measured from the elevation of the adjacent parking area. ® 4) Compliance with Exhibit "A" (Landscape comments) of Growth Management Department staff report. 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 d) SP-43-02 — A Site Plan request by John Bartley, B & B Builders Corporation, to construct 19 Single Family homes. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY, B & B BUILDERS, FOR PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution (SP-43-02), subject to the following staff conditions. 1) Provide floor plan demonstrating that garage is sufficiently large to accommodate two cars, including minimum garage door width of 16 feet. 2) Obtain written approval of Fire Rescue and Public Works/Utilities Departments. • 3) Provide the details, including types, colors and embellishments, of the proposed six (6) foot masonry wall and the homes. Additionally, the height of the wall must be measured from the elevation of the adjacent parking area. 4) Compliance with Exhibit "A" (Landscape comments) of Growth Management Department staff report. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY ZONING DISTRICTS AS DEPICTED ON THE MAPS ATTACHED AS COMPOSITE EXHIBIT A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY ZONING DISTRICT C-1; FROM COUNTY ZONING DISTRICTS B-2, B-2A, AND B-213, TO CITY ZONING DISTRICT C-2; FROM COUNTY ZONING DISTRICT B-3 TO CITY ZONING DISTRICT C-3; FROM COUNTY ZONING DISTRICT B-4 TO CITY ZONING DISTRICT C-4; FROM COUNTY ZONING DISTRICTS M-1, M-2, AND M-4 TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 (EXCLUDING M-3 ZONED PROPERTIES UNDER THE JURISDICTION OF PORT EVERGLADES) TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS • MINUTES 10 NOVEMBER 26, 2002 CITY OF DANIA BEACH M-3 THAT ARE UNDER THE JURISDICTION OF PORT EVERGLADES TO CITY ZONING DISTRICT PEDD; PROVIDING CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • Laurence Leeds, Growth Management Director, advised that the purpose of the Ordinance is to consolidate the three zoning codes currently being applied to commercially zoned properties in the City: the 1990 Broward County Zoning Code, the 2002 Broward County Zoning Code and the 2002 Dania Beach Zoning Code. The Ordinance will change the three zoning codes to one code that will be called the 2002 City of Dania Beach Zoning Code. This change will make it easier for staff to enforce commercial and industrial zoning regulations. Mr. Leeds presented a map showing the affected areas. Director Leeds further explained that in the 1980's the City entered into an Interlocal Agreement with Broward County and the Cities of Fort Lauderdale and Hollywood to rezone Port Everglades properties (regardless of what city the property was located in) to a common zoning district known as PEDD ("Port Everglades Development District"). Only two properties within Port jurisdiction have been rezoned. The City will now implement the rezoning of the remaining Port properties (primarily north of Eller Drive) as required by the Interlocal Agreement. Director Leeds indicated that although this is the first reading of this ordinance, due to the nature of the matter, a public hearing is being conducted. Mayor Chunn opened the public hearing. Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Ordinance on first reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-out of room ITEM 9.6 WAS HEARD AFTER PRESENTATIONS 9.6 EA-63-02 —A request by Neil Zucker, owner of the Harbor Grille, for an Extended Hours License until 4:00 AM for property located at 815 NE 3rd Street. 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. Laurence Leeds, Growth Management Director advised that approximately 30 notices were sent out to property owners within 300 feet of Gulfstream Road. Director Leeds then read a report prepared by Detective Richard Tarrant, BSO, which addressed concerns about noise. He further said that the Planning and Zoning Board recommended approval of this request at their August 21, 2002 regular meeting. Mayor Chunn opened the Public Hearing. Neil Zucker, owner of the Harbor Grille, 815 NE 3rd Street, Dania Beach, requested approval of the Extended Hours License based on the fact that customers leave his restaurant to go to another establishment which holds a 4:00 AM license. Mr. Zucker handed copies of signed MINUTES 11 NOVEMBER 26, 2002 CITY OF DANIA BEACH petitions from residents who were in favor of the request. Bradley R. Nelson, 646 NE 3`d Street, spoke against the petition. Mr: Nelson complained about the noise on Sunday nights, from loud music at Harbor Grille and the lack of assistance from • BSO officers to respond to the noise complaints. Commissioner Bertino pointed out that Harbor Grille holds a 2:00 AM license. Chief Cowart, BSO, explained that in more than one occasion he has spoken with residents in the area who have expressed their noise concerns and that BSO deputies responded. He further advised that over the last two or three months BSO has found that the level of disturbance calls has decreased and they continue to monitor the situation closely. Clive Taylor, 642 NE 3`d Street, opposed the request. Morris Stowers, 201 SE 5th Street, resident and Director of the Dania Beach Chamber of Commerce spoke in favor of the request. He asked the Commission; on behalf of the Chamber, to be fair to Mr. Zucker and apply the same rules as other similar establishments, who have been granted the Extended Hours License. Chickie Brandemarte, 101 SE 3`d Avenue, thanked the City for appointing Kristen Jones as Parks and Recreation Director, and added that senior citizens are very pleased with her appointment. Ms. Brandemarte also mentioned that it is very unfortunate that the Dania Beach residents at Meadowbrook are no longer able to watch the meetings on television. Ms. Brandemarte further explained how difficult it is to run a restaurant as she owns a similar business herself and asked the Commission to extend consideration to Mr. Zucker's request . Bob Gore, 505 E. Dania Beach Boulevard, spoke in favor of the request. • Heather Lone, 227 SE 1st Street, explained that she works at the Harbor Grille and stressed the fact that most of the people employed by Mr. Zucker are Danians. She thought that the two hour extension would not affect anyone, but would mean a great deal to those working at Harbor Grille. Hearing no further comments in favor or opposition, Mayor Chunn closed the Public Hearing. City Attorney Ansbro clarified that the Harbor Grille does hold a 3:00 AM license and that Mr. Zucker is requesting an extension of one more hour. Commissioner McElyea asked staff the number of establishments in the City who have the 4:00 AM license and inquired as to whether Harbor Grille would open late for special events only. Growth Management Director Leeds responded that there are 5 or 6 businesses which hold this type of license. Director Leeds also advised that the request is for a general seven days a week 4:00 AM license. Kathleen Hannan, 1341 SE 3`d Street, #312, supported the request and added that as an employee and a resident of the City, she considers Harbor Grille to be an advantage for the community. Ms. Hannan added that the request would be mainly for special events and not every night. Mayor Chunn suggested that Mr. Zucker provide City staff with a list of the upcoming special • MINUTES 12 NOVEMBER 26, 2002 CITY OF DANIA BEACH events to be held at the Harbor Grille. Mr. Zucker agreed to comply with the request. Vice Mayor Flury mentioned that ample notice has been provided to allow citizens to speak for or against the extended license request and that the request is only for an additional hour. Commissioner Bertino suggested that because this is a residential area, one viable option to address the traffic problem would be to make the streets "one way" at certain times, i.e. from 2:00 AM to 4:00 AM, hence avoiding the noise and traffic. Chief Cowart, BSO, agreed to see if traffic signs could be installed to help with traffic issues. Discussion followed among Commissioner Mikes, Commissioner Bertino and Director Leeds in regards to the method used to review the renewal of the extended hours licenses every year. Director Leeds explained that if staff determines that there is a problem with a license renewal, the renewal is brought back before the Commission, otherwise the license is automatically renewed. Commissioner Mikes opposed the 4:00 AM license for the establishment to operate seven days a week. Commissioner Bertino confirmed with City Attorney Ansbro that the City has the right to revoke the 4:00 AM license at any time should a problem arise. A motion was made by Vice Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution with the following conditions: 1) the license must be reviewed by staff every year before renewal; 2) traffic controlling devices will be placed to force the traffic down to Dania Beach Boulevard. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-no 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino commented on the situation being faced by Dania Beach and many other cities on the subject of multiple units, licensed as duplex and being rented as triplex or even quadplex. Commissioner Bertino further asked City Attorney Ansbro if under the existing ordinance, it would be possible for the City to check the units when a new license is being applied for, to avoid people breaking the law. City Attorney Ansbro advised that there is an ordinance that requires all rentals to get an occupational license, but that the license is a tax and although you can condition the license to a code inspection, it is an expensive process to have each unit inspected to make sure they comply with code requirements. Director Leeds explained that units are inspected when an occupational license is initially applied for. Probable cause to cite a property for non-compliance requires a code officer (via testimony) or citizen (via sworn affidavit) to witness and testify as to the violation. City Attorney Ansbro further explained that on a renewal of an occupational license, the City does not have the legal right to go inside and inspect a property. An administrative search warrant process would have to be initiated but it is very costly and time consuming. MINUTES 13 NOVEMBER 26, 2002 CITY OF DANIA BEACH Commissioner Bertino wished everybody a Happy Thanksgiving. 10.2 Commissioner McElyea asked John Etling, representing Dania Beach Main Street to make a presentation on the preparation of upcoming events for the celebration of the City Centennial in the year 2004. Mr. Etling explained that City Manager Pato, representatives from the Dania Beach Main Street, the Dania Beach Greater Chamber of Commerce, DCOTA, the Chairperson of the Dania Beach Historical Society, Commissioner McElyea and the City's Parks and Recreation Director have been holding meetings once a month, to start planning for the Centennial activities. Mr. Etling mentioned that at City Manager Pato's request, he will be preparing a logo that would be used on City stationary and also on Centennial stationary. This logo will show the history of the City as well as the goals on which the City will focus in the future. The committee has been working with other groups in the City, such as the Dania Beach Improvement Committee, Homeowners and Civic Associations and the Broward Historical Commission and they will welcome the citizens input on such an important event in our City. City Manager Pato advised that he spoke with the Commission on Visitors Bureau in Greater Fort Lauderdale and will be having a meeting with them to make sure that whatever long range planning they have, will fit in with the different activities. Commissioner McElyea asked on behalf of Marco Salvino, a resident at Melaleuca Gardens, who is the owner of a drainage ditch along the canal, as he would like to cut down the pine trees. Commissioner Mikes advised that he knows the area, however, he is not sure whether the neighborhood would like this done, as those trees have been the buffer for Florida Power & Light lines for many years. Commissioner Mikes considered that if the pine trees are cut down the properties in the area will devalue considerably. Commissioner McElyea attended the Homeowners Association meeting where the Public Works Department was commended for their hard work on their lot mowing. Commissioner McElyea complimented his daughter Cary for winning the Gold Medal at the National Racquet Ball Tournament held in Memphis. Commissioner McElyea mentioned he is pleased to announce that his son's health has improved a lot. He wished everybody a Happy Thanksgiving. 10.3 Commissioner Mikes commented on the subject of multiple unit owners not properly licensed in the Melaleuca Gardens area, who keep adding units to bring relatives to live there. Commissioner Mikes suggested to find a way to stop this from happening. Director Leeds advised that he has been told by the attorneys that the City does not have the right to go into anybody's house and that it is considered a violation of privacy. Mr. Leeds pointed out that some legal advice would be needed to address this issue. He suggested that City Attorney Ansbro and Attorney Tim Ryan, Counselor for Code Enforcement matters, get together and determine the best course of action . Commissioner Mikes commended the Parks and Recreation staff for their assistance in setting up Ann Kolb Nature Center, at a very short notice, for a presentation on the Bond issue, sponsored by the Autobond Society commending Broward County Commissioners' for their support on the airport issue. Commissioner Mikes attended this event and explained that there MINUTES 14 NOVEMBER 26, 2002 CITY OF DANIA BEACH is one more meeting on the Bond issue, before they go to the Open Space grant moneys and that he does not see much of a chance for the City to get that bond issue. Commissioner Mikes asked the other members of the Commission to come up with any ideas, preferably by the next Commission meeting, before they open the funding for Open Space. On the airport issue, Commissioner McElyea asked Commissioner Mikes if he considered it a good idea to ask Cooper City to join in. Commissioner Mikes advised that it is better to work together with the cities that are directly impacted, such as Hollywood and Davie, and that he considered things are moving very well. 10.4 Vice Mayor Flury inquired with staff whether three ordinances recently passed have been implemented. These ordinances are: the consistency in painting of newspaper racks; the lawn cuttings debris and the street vendors. City Manager Pato advised that in regards to street vendors, he will ask the City Attorney to update the Commission. On the street vendors issue, City Manager Pato asked Growth Management Director Leeds to advise on the latest information. Director Leeds explained that his department has not been involved in this matter, but that he will ask Public Works Director Sheridan to report to the Commission on the subject. On the matter of lawn cuttings debris, Director Leeds explained that a list of landscaping companies doing business in the City is being prepared and a courtesy notice will be sent to each of them encouraging them to comply with the City's ordinance. Commissioner Mikes suggested a notice to be attached to the cops cars so that people can read it often enough to make them comply. Commissioner Mikes also expressed his concerns on the horrendous rugged merchant that sits • next to the big Welcome sign over the week-ends and that he would like City staff to look into that and get rid of it as soon as possible. City Manager Pato agreed to look into the matter. City Manager Pato also mentioned that also a number of "For Sale" cars are placed on the east side of Federal Highway and Griffin Road, which is airport jurisdiction at the moment and he will ask BSO to contact BSO at the airport to look into this. Vice Mayor Flury also advised that shopping carts from Winn Dixie and Publix are scattered all over the place and she does not understand why this does not happen in other communities like Cooper City, Boca Raton and Weston. City Attorney Ansbro explained that there is provision in the State Statute that states that the stores cannot be punished for their customers taken their carts off the property and no fee can be charged to retrieve them. City Attorney Ansbro also advised that Public Works/Utilities Director Sheridan has tried to get these stores to comply with the City's Ordinance by self- discipline, but unfortunately the system is not working very well. He further said that perhaps Director Sheridan will be able to update the Commission by the next meeting and explain what has been done or could be done to try to do the best we can without getting into a litigation. City Manager Pato added that complaints have also been received from citizens about the use of City staff to pick up carts when this is the store's responsibility. He finally said that between Public Works and BSO they will try to find a viable solution to the problem. MINUTES 15 NOVEMBER 26, 2002 CITY OF DANIA BEACH Vice Mayor Flury commented that during the last couple of,weeks some there are three people who have expressed their frustration to her in regards to opposing the airport south runaway by means of articles in response to editorials on the subject. People mention how active other cities are, like Hollywood and Davie. However, it is important to remember that our hands are • tight due to the existing Interlocal agreement between the City and Broward County, supported by past Commissioners, so we should not be overly vocal and be cautious as we might get sued. Commissioner Mikes mentioned that in several occasions he has been asked to appear on TV and make comments on the airport issue, but he has tried to encourage Hollywood to take this role. The City has retained a law firm and has been very well represented by Attorney Brenda Chalifour, but that is the tactful way we want to handle the matter. Vice Mayor Flury wished everybody a Happy Thanksgiving. 10.5 Mayor Chunn wished all presents a Happy Thanksgiving. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by Steve Hoffman representing Bryan Road LLC., for Reactivation of Variances (VA-60-00) and Site Plan (SP-61-00). (Staff) Laurence Leeds, Growth Management Director explained that the Site Plan and the Variances expired on September 27, 2002. The applicant came to the City prior to this date and requested the reactivation of the Site Plan for 18 months. The newly presented Site Plan is substantially the same as the one previously approved and differs in the following manner: 1) The paving and grading plan (showing type "D" curbs) has not been provided. • 2) Landscaping of the future city right-of-way is not clearly specified on the plan. 3) Lighting to the rear of the building has been changed from wall mounted lighting to light poles. 4) Applicant indicates that portions of boat storage building floor will not be paved. Staff will be conferring with the City Attorney to determine if this is allowed under the zoning code. The City Commission recommended approval of the Site Plan and Variances, subject to conditions a) through f) listed on Resolution No. 2001-039, which have not yet been addressed by the applicant. Director Leeds further advised that staff recommended approval, subject to the following conditions and provided the applicant addresses the following issues prior to the issuance of a building permit: 1) Applicant to install and agree to maintain landscaping along the south portion of the site within future city road right-of-way (Condition 2 in Resolution no. 2001-039). 2) No outdoor storage of boats, trailers or machinery. 3) No outdoor work on boats trailer or machinery. 4) No public address system to be used. 5) Applicant to provide agreement to maintain landscaping in future city right-of-way and MINUTES 16 NOVEMBER 26, 2002 CITY OF DANIA BEACH indemnify City for any injuries occurring on this property. This agreement must be approved by the City Attorney and recorded prior to issuance of building permits. The agreement shall also include a covenant allowing the City to enforce Conditions 2, 3 and 4 above. • 6) Prior to issuance of any building permits, we shall require an additional cost recovery deposit of $2,000. These funds are required to pay for legal fees and landscape inspection fees associated with this project. Unused funds will be returned at time of Certificate of Occupancy. 7) Landscaping of the future City right-of-way to be clearly specified on the landscape plan. (Revise plan accordingly). 8) Provide paving and grading plan included with the previously approved Site Plan. 9) Provide boat rack cross-section to verify compliance with maximum number of storage spaces (210 spaces). 10) Show entire floor area of boat storage building to be paved. (Revise plan accordingly). Director Leeds explained that his big concern is the pervious area. Public Works Director Sheridan suggested a substitute condition for Item 10, as follows: "Applicant to provide drainage and engineering calculations showing how site drainage would be mitigated". Director Leeds concluded by recommending approval of the Site Plan and Variances with Substitute Condition 10, Conditions 1 through 9 and also applicant to address the following issues, prior to the issuance of a Certificate of Occupancy: • 1) Applicant to complete installation of all landscaping as shown on the approved plan, including landscaping of future city right-of-way. 2) Applicant to install all roadway improvements as shown on the approved plan. Stephen Hoffman, Mastriana & Christiansen, P.A., representing the owner, agreed to the conditions established by staff. Growth Management Director Leeds clarified with the applicant that some of these conditions require the applicant to prepare an agreement that must be approved by the City Attorney and that this process may take longer than two weeks. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Extension of the Site Plan and Variances for a period of one year, from the date of this meeting, with all of the conditions, as follows: 1) Applicant to install and agree to maintain landscaping along the south portion of the site within future city road right-of-way (Condition 2 in Resolution no. 2001-039). 2) No outdoor storage of boats, trailers or machinery. 3) No outdoor work on boats trailer or machinery. 4) No public address system to be used. MINUTES 17 NOVEMBER 26, 2002 CITY OF DANIA BEACH 5) Applicant to provide agreement to maintain landscaping in future city right-of-way and indemnify City for any injuries occurring on this property. This agreement must be approved by the City Attorney and recorded prior to issuance of building permits. The agreement shall also include a covenant allowing the City to enforce Conditions 2, 3 and 4 above. 6) Prior to issuance of any building permits, we shall require an additional cost recovery deposit of $2,000. These funds are required to pay for legal fees and landscape inspection fees associated with this project. Unused funds will be returned at time of Certificate of Occupancy. 7) Landscaping of the future City right-of-way to be clearly specified on the landscape plan. (Revise plan accordingly). 8) Provide paving and grading plan included with the previously approved Site Plan. 9) Provide boat rack cross-section to verify compliance with maximum number of storage spaces (210 spaces). 10) Applicant to provide drainage and engineering calculations showing how site drainage would be mitigated. Prior to the issuance of a Certificate of Occupancy: 1) Applicant to complete installation of all landscaping as shown on the approved plan, including landscaping of future city right-of-way. 2) Applicant to install all roadway improvements as shown on the approved plan. • The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes 'Mayor Chunn-yes Commissioner Mikes-Yes 11.2 Discussion of proposed Ordinance for Motorpeds. (Commissioner Bertino) Commissioner Bertino expressed his concern on youngsters, most of them less than 15 years of age, driving motorpeds at high speed within the City. Commissioner Bertino asked City Attorney Ansbro if he had had a chance to check on the current ordinance. City Attorney Ansbro explained that he spoke with Chief Cowart, BSO Legal Department and the Fort Lauderdale Police Legal Advisor about this matter. Attorney Ansbro advised that at the last legislative session they determined that motorized scooters are not subject to the highway safety equipment regulations, which means they do not have to have tags, lights, nor are they subject to any speeding limits. The only requirement by the police is that they have to be operated by a licensed operator. City Attorney Ansbro also mentioned that all parties contacted on the subject are willing to have the legislature address the issue, since it is a problem affecting the whole State of Florida. City Attorney Ansbro further read a report by the Fort Lauderdale Police Supervisor describing who is allowed to operate this type of motor vehicle. The document also states that the Florida Legislature will revisit this issue next year. MINUTES 18 NOVEMBER 26, 2002 CITY OF DANIA BEACH Commissioner Bertino asked Chief Cowart, BSO, to have road patrols stop young people on the scooters and ask them to show their driver's license. If they do not have one, the police officer should cite them and confiscate the scooter. Chief Cowart agreed to have deputies work in this direction. • 11.3 Discussion of minimum architectural standards for commercial and industrial properties. (Commissioner Mikes) Commissioner Mikes thanked Growth Management Director Leeds and his department for the significant improvement in the projects being submitted for approval. Commissioner Mikes further suggested that an ordinance be prepared adding some architectural design guidelines which would help applicants submitting projects with the building standards the City wants. Director Leeds asked for and received the consensus of the Commission to draft a letter for the City Manager expressing an interest in the County Program which will not cost the City any money and may be helpful along Federal Highway. MAYOR CHUNN REQUESTED ITEM 11.4 TO BE HEARD AFTER ITEM 9.6 11.4 Request for motion to approve the purchase of property located at 2 NW 8th Avenue, located at the SE corner lot of NW 8t" Avenue and NW Vt Street and adjacent to BSO Substation. (Tim Ryan, Special Counsel) Attorney Ryan advised that this piece of land was the last component in the land acquisition of the NW Community Center and BSO Substation and it is scheduled to be used for parking in the complex. Attorney Ryan added that the owner has agreed to sell the property for the appraised • value with a County approved appraiser and will be financed with CDBG grant funds. A motion was made by Commissioner Bertino, seconded by Vice Mayor Flury, approving the purchase of real property. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 12. APPOINTMENTS: (SEE ITEMS 12.2, 12.4 AND 12.7) 12.1 Appointment of two (2) member 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 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 • MINUTES 19 NOVEMBER 26, 2002 CITY OF DANIA BEACH 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 explained that at the November 12 Commission meeting she appointed Randi Smith to be the Alternate Citizen member on the Civil Service Board. She requested Ms. Smith's name to be taken off since she lives in the Hollywood area. Vice Mayor Flury further advised that Ms. Smith will be relocating and once she has moved to Dania Beach, she will recommend her appointment again. 12.3 Appointment of three (3) members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.4 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. Mayor Chunn appointed Gloria Fernander to the Dania Beach Housing Authority. • A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting a Resolution approving the appointment of Gloria Fernander to the Dania Beach Housing Authority. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-Yes 12.5 Appointment of two(2) members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.6 Appointment of one (1) member to 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." is MINUTES 20 NOVEMBER 26, 2002 CITY OF DANIA BEACH 12.7 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." Vice Mayor Flury appointed Gene Bieber for the Architect position on the Unsafe Structures Board. A motion was made by Vice Mayor Flury, seconded by Commissioner McElyea, adopting a Resolution approving the appointment of Gene Bieber to the Unsafe Structures Board. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-Yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager— City Manager Pato advised that, beginning December 2nd, for about two weeks, the lights at the tennis courts at Frost Park will be out, due to renovations and construction work being done. ® City Manager Pato reported that on December 3rd, at 7:00 PM, there will be a public hearing at I.T. Parker, regarding a proposed gas pipeline that may come in through Dania Beach. City Manager Pato mentioned that this project may bring some environmental protection issues that the City may benefit from. Brenda Chalifour, Special Counsel for Airport Matters, has been directed to attend the meeting on behalf of the City. City Manager Pato advised that the Civil Service Board has requested to have their rules revised as they feel they need to be updated. City Manager Pato mentioned that once again the Orange Bowl Committee has asked to come to Dania Beach for the New Year's Day Beach Bash. He commented that after last year's successful event, he would like the Commission to consider allowing them to do again this year as he feels this is good publicity for the City. Kristen Jones, Parks and Recreation Director advised that the event lasts from 12:00 Noon to 8:00 PM and the setting starts at 8:00 AM. Last year only 6 staff members were needed. Director Jones also mentioned that this year they are planning three bands instead of just the one they had last year. Commissioner Mikes was of the opinion that this will cost the City money by using staff's time and public safety resources which are needed in other areas. He felt there are lots of important projects in progress and he would not like to see staff being used in this event. He suggested that in future requests like this, the item should be placed on the agenda for Commission's approval. He concluded by suggesting the City passes on this occasion. MINUTES 21 NOVEMBER 26, 2002 CITY OF DANIA BEACH Commissioner Bertino indicated that if the event is celebrated on New Year's Day, when all the businesses in the City are closed, it is not serving any useful purpose. Vice Mayor Flury and Commissioner Bertino both agreed with Commissioner Mikes and recommended that the City turns down this request. City Manager Pato commented that Commissioner Mikes has recently received an award- Parks. 13.2 City Attorney- No comments. 13.3 City Clerk- No comments. 14. ADJOURNMENT The meeting adjourned at 10:56 p.m. ROIJERIF H. CHUNN, MAYOR ATTEST: UV&4-L �K� CHARLENE JOH ON CITY - LERK Respec fully submitted by Miriam Nasser, Deputy City Clerk APPROVED: January 14, 2003 eA MINUTES 22 NOVEMBER 26, 2002 CITY OF DANIA BEACH