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HomeMy WebLinkAbout1717 - MINUTES - City Commission MINUTES ®AMA BEACH CITY COMMISSION REGULAR MEETING JANUARY 9, 2001 1. CALL TO ORDER: Mayor McElyea called the regular meeting to order at 7:35 p.m. and explained that an Attorney/Client Session had been conducted with the City Commission prior to this meeting in accordance with Section 286.011, Florida Statutes. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: * City Manager Michael W. Smith i, 3. ROLL CALL: Present: Mayor: Charles McElyea Vice-Mayor: John Bertino Commissioners: Jim Cali John Etling Bob Mikes ® Assistant City Attorney: Jeff Sheffel City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may be made during each Commission meeting during the period set aside for"citizen comments." A thirty (30)minute"citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 4.1 Mike Nolan, Danians Condominium, congratulated the City Commission for their performance and advised of his intentions to qualify as a candidate in the upcoming City elections. 4.2 Ralph Eddy, 150 SE 3 Avenue, thanked Commissioner Mikes and Jason Nunemaker, Assistant City Manager, for their quick response in demolishing the old Frostie's Golf Course building, a suspected drug house. Mr. Eddy expressed his dissatisfaction with Winn Dixie's lack of maintenance of the garbage dumpster behind the store on Dania Beach Boulevard. MINUTES CITY OF DANIA BEACH 1 JANUARY 9, 2001 Vice-Mayor Bertino advised that Beulah Lair, Code Enforcement Board member, brought the trash problem to the attention of the City Commission on several occasions. The City has cited Winn Dixie for several violations in an effort to address the problem. 5. PRESENTATIONS: 5.1 B.S.O. "Deputy of the Month" awards: *Deputy Shawn Mears *Deputy Daniel Miller *Deputy Herman Williams Chief Robert Anton, BSO, commended the deputies for their exemplary performance in reduction of stolen vehicle crimes and awarded each of them with a "Deputy of the Month" award for December, 2000. Chief Anton was sorry to report that Deputy Williams received another career opportunity and was moving to Atlanta, Georgia. 6. PROCLAMATIONS: 6.1 A proclamation declaring January 17, 2001, as "ADDIE MAY CHUNK YOUTH DAY" in the City of Dania Beach. City Manager Smith read the proclamation in its entirety. Mayor McElyea presented the proclamation to Merita Mitchell and Robert Chunn, children of Addie May Chunn, who passed away November 10, 2000. ® 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of bills for the month of October, 2000. Minutes: 7.2 Approval of minutes of Regular Meeting for December 12, 2000. 7.3 Approval of minutes of Workshop Meeting for June 1, 1999. Resolutions: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH BROWARD COUNTY FOR AN ENHANCED MARINE LAW ENFORCEMENT GRANT COVERING THE FISCAL YEAR 2001/2002; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances — (Title to be read by city attorney) 7.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $250.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE • OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES CITY OF DANIA BEACH 2 JANUARY 9, 2001 ® At the end of the meeting, Assistant Attorney Sheffel read the title of the ordinance (Item 7.5) for first reading. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, approving the Consent Agenda. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS-OF-WAY FOR TELECOMMUN-ICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Assistant City Attorney Sheffel read the title of the ordinance for second reading. ® Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Assistant City Attorney Sheffel explained that the ordinance is being put in place to provide a fee structure covering the period January 1 through October 30, 2001, in order for the City to have the ability to collect fees from telecom providers occupying its rights-of-ways. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes .Mayor McElyea-yes ITEM 9.8 WAS HEARD AFTER ITEM 9.1. ITEM 9.2 WAS HEARD AFTER ITEM 9.8. 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 26, VEGETATION, OF THE CITY'S CODE OF ORDINANCES TO PROVIDE A NEW STANDARD FOR TREE PRUNING BY AMENDING ARTICLE II, TREE PRESERVATION, ARTICLE III, TREE ABUSE, AND ARTICLE IV, LANDSCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) ® MINUTES CITY OF DANIA BEACH 3 JANUARY 9, 2001 Laurence Leeds, Growth Management Director, advised that the City is required by Broward County to adopt the ordinance setting a new standard for tree pruning and that the language meets the County's requirements. Bill Tasaro, City Landscape Consultant, explained that live branches cannot be pruned all the way back and that only dead or hanging branches are allowed to be trimmed in preparation of a hurricane. Discussion followed on procedures used for replacing trees and the need for a tree program to be implemented in the City. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 9.3 RZ-52-00— Rezoning request by James & Sandra Nemetz, owners, Ames & Sons, Inc., for property located at 2251 Stirling Road, Dania Beach. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JAMES AND SANDRA NEMETZ, OWNERS OF "AMES AND SONS, INC.", FOR PROPERTY LOCATED AT 2251 STIRLING ROAD, 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 IROM . (INDUSTRIAL RESEARCH OFFICE MARINE) TO THE CLASSIFICATION OF C-4 (COMMERCIAL) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Laurence Leeds, Growth Management Director, mentioned that the property owner has operated this business continuously at this location for some time. Mr. Leeds supported the C-4 rezoning based on the following unique circumstances associated with the property: 1) Unlike the adjacent industrial/warehouse park, the subject parcel was originally developed for retail use involving outdoor activities (gasoline service station). 2) The subject parcels is currently being used for lawfully established outdoor storage activities. 3) The subject parcel is surrounded by fully developed property. 4) The subject parcel abuts a large FPL substation to the west. 5) While the directly abutting land use is "industrial", development along the Stirling Road corridor is primarily "commercial" in nature. Attorney Ed Stacker, representing Mr. & Mrs. Nemetz, agreed with staff's recommendation and requested approval of the rezoning. • Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. MINUTES CITY OF DANIA BEACH 4 JANUARY 9, 2001 A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Cali-yes Commissioner Etling-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 9.4 SE-11-00 —Special exception request by AT&T Wireless Services to allow the placement of Stealth Cellular Antennas on the south and west face and an equipment structure on the roof of the Dania Beach Airport Hilton Hotel, located at 1870 Griffin Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATT WIRELESS SERVICES, FOR PROPERTY LOCATED AT 1870 GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE PLACEMENT OF STEALTH CELLULAR ANTENNAS ON THE SOUTH AND WEST FACE OF THE DANIA BEACH AIRPORT HILTON HOTEL, AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE Vill, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, recommended approval with the two conditions outlined in his staff memo along with the applicant providing sufficient funds ($5,000) to the City Tree Landscape Fund to mitigate the visual impact of cell-related facilities in the City. ® Mayor McElyea opened the public hearing. Aldo Bustamante, Land Use Planner for Lotterman Companies, representing AT&T, explained that his company has worked with the City in an effort to reduce visibility of the facility on residents in the area in an effort to make the installation of benefit to all concerned. Charlie Adams, Site Development Management for Lotterman Companies, representing AT&T, assured the City.Commission that FCC strictly regulates AT&T and that there are no health hazards with the antennae installations. Donald Pittman, RF Engineering Lead, for AT&T, explained that the FCC does not check out each antenna, however, they impose guidelines that must be met for each cellular carrier to transmit. In addition, AT&T checks its facilities prior to installation and on a yearly basis to ensure that they meet FCC regulations. AT&T must also submit full backup documentation to FCC in order to receive approval for all installations. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Resolution approving SE-11-00 with the following conditions: (1) The applicant shall provide sufficient funds ($5,000) to the City Tree Landscape Fund to mitigate the visual impact of cell-related facilities in the City; (2) Applicant will change the color of the equipment shelter to match the color of the building; (3) Applicant will confirm that the equipment shelter complies with Airport Height (FAA Part 77) Criteria. iThe motion passed on the following 4/1 roll call vote: MINUTES CITY OF DANIA BEACH 5 JANUARY 9, 2001 • Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no 9.5 SA-102-99— Request by Jay Kodner, Kodner Galleries, for approval of Sign Adjustment for property located at 45 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SIGN ADJUSTMENT REQUEST SUBMITTED BY JAY KODNER, KODNER GALLERIES, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS. DOWNTOWN DANIA REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, commented on the City's actions over the past year to review sign adjustments along Federal Highway in the downtown area between Stirling Road and Dania Beach Boulevard. Mr. Leeds advised that Mr. Kodner was asked to bring back a building elevation plan showing how the front and side of his building was going to be improved. Mr. Kodner did not bring the proper drawings back to the City Commission and then several delays transpired due to Mr. Kodner's illness over the past year. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Mr. Kodner explained that he had plans to improve the exterior of the building but was delayed when he became very ill. He explained that he was unable financially to complete the improvements at this time but that he would be willing to make the improvements in the future when he is fully recuperated. Commissioner Cali recommended that Mr. Kodner contact Tom Tisdale, Director of Main Street, concerning Main Street's loan program provided to businesses in the downtown area for improvements to property. A motion was made by Commissioner Etling, seconded by Commissioner Cali, continuing the Sign Adjustment request to February 27th in order to provide time for Mr. Kodner to bring back plans and elevations on the proposed improvements to the front and side of the building so that a time frame for completion of the improvements can be determined. Mr. Leeds clarified that staff must receive the drawings one week in advance of the February 27th meeting. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes ITEM 11.2 WAS HEARD AFTER ITEM 9.5. ITEM 9.6 WAS HEARD AFTER ITEM 11.3. MINUTES CITY OF DANIA BEACH 6 JANUARY 9, 2001 9.6 SA-64-00 — Request by Richard Lowy, Dania Discount Drugs, for modification of Sign Adjustment for property located at 16-18 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A MODIFICATION OF THE SIGN ADJUSTMENT APPROVED BY RESOLUTION NO. 250-99, ADOPTED DECEMBER 14, 1999, AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION WAIVING CERTAIN CONDITIONS TO SIGN ADJUSTMENT AS REQUESTED BY RICHARD LOWY, OWNER OF DANIA DISCOUNT DRUGS LOCATED AT 16-18 SOUTH FEDERAL HIGHWAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that Mr. Lowy had substantially complied with the conditions added to his Sign Adjustment approved December 14, 1999. Mr. Leeds advised that Mr. Lowy ran into a problem with installing the landscaping because of an underground water line, that he has had difficulty finding someone to build the dumpster enclosure, which is estimated between $2000 to $3000, and that he would like to retain the two old decals (REXALL) located at the top of the window in the front. Vice-Mayor Bertino recommended that Mr. Lowy complete an above-ground planter or masonry around the base of the monument sign and that he be required to complete the dumpster enclosure. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution waiving the landscaping in the rear yard parking lot and construction of a concrete dumpster enclosure and allowing two small window signs to remain in the front window with the following conditions: (1) applicant shall have the option of constructing a CBS or vinyl type dumpster enclosure; (2) Applicant shall install a planter around the monument sign; (3) All improvements must be completed within 90 days. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 9.7 SP-46-00- Request by Gary Posner, Treasure Cove Associates, for Site Plan approval for the proposed construction of 51 Multifamily Units, located'at-the Northwest corner of SW 45th Street and SW 27th Avenue (North of Griffin Road, west of Ravenswood Road). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GARY POSNER, TREASURE COVE ASSOCIATES, LTD., FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SW 45T" STREET AND SW 27T" AVENUE (NORTH OF GRIFFIN ROAD., WEST OF RAVENSWOOD ROAD), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the property is currently vacant and that property to the west of the vacant parcel was initially developed as the Treasure Cove Homeowners Association a number of years ago but was never fully completed. The applicant has proposed a two- story town home project with a total of 51 units that will be developed as a gated community with MINUTES .CITY OF DANIA BEACH. 7 JANUARY 9, 2001 access off SW 45th Street. Three (3) villa units are proposed within the old Treasure Cove project and these units will be one-story with no garage. Mr. Leeds presented his concerns outlined in his staff memorandum in the backup and commented on the importance of the City's Landscape Consultant to monitor the relocation of existing trees. Mr. Leeds reviewed four recommendations to be included in the approval and added a 5th condition that prior to issuance of a building permit for Unit 49 or 50, the developer must provide proof of ownership of 15 feet adjacent to the west side of the unit. Mr. Leeds presented additional concerns that will also need to be clarified by the developer as outlined in his staff memorandum. Commissioner Etling clarified that a six-foot shadow box fence is mentioned on the plans and suggested that a wall be required around the perimeter to hold the storm water runoff since the elevation in the back yards of the new project is much higher than the units in the older project. Mr. Leeds advised that the developer is required to provide on-site storm water retention, meet all agency requirements, adhere to certain engineering requirements and has received Bud Palm's, Utility Director, approval of the conceptual plan. Commissioner Etling suggested that storm drain grates could be installed in the wall so that the water could be drained back to the canal. Ed Plosky, Land Planner with Craven Thompson Associates, pointed out the retention areas on the plan and advised that they are required to hold all water on site and that they must receive permits from Broward County Engineering and South Florida Water Management District and final drainage plan approval from the City's Engineers. Mr. Plosky clarified that they must adhere to current retention and discharge requirements and that they are not allowed to discharge any water in the swale on SW 27th or 45th Street or direct water towards the existing Treasure Cove units. They are required to pretreat the water on site before discharging it into the Dania Cut-off canal. • Mr. Plosky advised that they will be relocating seven (7) Oak Trees along SW 27th Avenue and one Oak Tree on site, which is estimated to cost $60,000 to $80,000, and provide a permanent irrigation system to insure that the trees thrive. Gary Posner, Developer, explained that appraisals are showing that the units should sell for approximately $190,000 to $220,000, which will upgrade the area and that each unit owner will have their own boat slip. Commissioner Etling suggested adding more streetlights to the development instead of increasing intensity on the proposed poles as a better benefit to the owners and to provide better security. Mr. Posner advised that an engineer prepared the street light plan and agreed to consider the possibility of adding more streetlights. The City Commission did not "condition" site plan approval to adding more streetlights. Vice-Mayor Bertino questioned whether the garages could be closed in. Mr. Posner advised that he was not offering the option to owners because the units are four bedrooms and that the development will have a homeowners association and that they will regulate rentals as best they can in the homeowners documents. Mayor McElyea opened the public hearing. Beulah Lair brought up concern about watering the trees with the current water restrictions. Mr. Plosky advised that the water restriction would most likely be removed by the time the trees are relocated • during the rainy season. MINUTES CITY OF DANIA BEACH 8 JANUARY 9, 2001 Kay Jenkins, Treasure Cove unit owner, expressed concern for drainage and parking over flow for the existing Treasure Cove Association located on the west side of 27th Avenue. Discussion followed on Mr. Posner's need to work with the existing homeowners association with regards to his land overlapping the boat dockage and picnic sites, which are included in the Treasure Cove Homeowners documents. As a way to resolve the parking problem, Commissioner Etling suggested that signs be installed on the east side of SW 27th Terrace reading "Resident Parking Only" and that parking stickers be issued to owners and arrangements be made with a towing company for towing vehicles away without a sticker. Peter Quinn, President of Homeowers Association, on behalf of six unit owners, advised that they are working with the developer and are in support of the project. Bruce Caruso, 2732 SW 45 Street, was cautiously in support of the project but expressed concern for traffic safety entering and exiting the project. He suggested the possibility of installing speed humps to reduce speeding for the safety of children from the existing single-family community and agreed that there is a need to work out problems with parking and drainage for the site. Jay Field expressed his opposition to walled-in community developments based on his feelings that they do not encourage support of surrounding single-family communities and disagreed with traffic being directed onto one street when there are three streets that could better handle the traffic impact. Hearing no further comments, Mayor McElyea closed the public hearing. Commissioner Etling suggested that Mr. Posner check with the Fire Department on the clearance requirements on the stairs for EMS stretchers. Commissioner Mikes inquired as to whether the petitioner would consider contributing money towards retrofitting storm water improvements for better drainage on the site. Mr. Posner stated that he could not commit to a dollar amount but agreed to review the possibility of a drainage basin that could tie into the project. In addition, he pointed out that all units would be hooked up to Broward County sewers. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to continue the meeting past midnight. The motion passed on the following 4/1 roll call vote: Commissioner Cali-no Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Bill Tasaro, City Landscape Consultant, commented on the rate of success for transplanting trees and the need to ensure that there is ample watering and on-site monitoring and cautioned that there is no guarantee that the trees will survive. City Manager Smith advised that the homeowners would have the option of small or large rollout garbage containers. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution approving SP-46-00 with the following staff recommendations: 1) On-site monitoring for the duration of tree relocation period (14 months). MINUTES CITY OF DANIA BEACH 9 JANUARY 9, 2001 2) Prior to approval of building permits for any dwelling units, Developer to vacate or obtain release of . 10' FPL easement to the satisfaction of the City Attorney (Also, 10 foot Utility Easement under Unit 50 shall be vacated prior to issuance of building permits for units 49 and 50). 3) Developer to provide for anticipated cost recovery funds (including cost of professional City staff time, City Landscape Consultant, and City Attorney fees relating to preparation/review of documents, deed restrictions, etc.). 4) Applicant to provide written confirmation that existing septic fields have been removed and/or disconnected to the satisfaction of the Public Works/Utilities Director. 5) No building permits to be issued for units 49 and 50 until proof of ownership of the adjacent 15 foot parcel on the west side is provided. The motion passed on the following 4/1 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-no Vice-Mayor Bertino-yes Mayor McElyea-yes ITEM 10 WAS HEARD AFTER ITEM 9.7 ITEM 9.8 WAS HEARD AFTER ITEM 9.1. 9.8 AN EMERGENCY ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO IMPOSE A REQUIREMENT FOR THE OBTAINING OF A RIGHT-OF-WAY USE PERMIT TO PERFORM WORK IN ANY CITY RIGHTS-OF-WAY; REQUIRING A FRANCHISE OR RIGHT-OF-WAY USE AGREEMENT; PROVIDING DEFINITIONS AND REQUIREMENTS PERTAINING TO WORK WITHIN SUCH RIGHTS-OF-WAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Assistant City Attorney Sheffel read the title of the emergency ordinance. Commissioner Mikes advised that he sponsored the emergency ordinance as a way to implement a stopgap measure for the City to regain control of the fiber optic line installations occurring along Federal Highway until a more comprehensive ordinance governing "telecom" provider's installations in the City's rights-of=ways could be enacted. Assistant Attorney Sheffel advised that he had received written comments and requests for amendments to the emergency ordinance from several telecommunications companies. Attorney Sheffel agreed to present his legal opinion as each of the amendments were presented. Mayor McElyea opened the public hearing. Vic Binante, BellSouth, presented his concerns with Section 22-11 and 22-16.5 in the ordinance. Sharon Leaman, representing BellSouth, advised that Section 22.16.6 on Page 7 conflicts with Florida Statutes because effective January 1, 2001, a registration procedure for telecom companies is required, not franchise or rights-of-way use agreements. She proposed the following language be added "provided that a public or private utility, that is a telecommunications company, shall not, as set forth in Section 337.401 Florida Statutes, be required to obtain or maintain a franchise or rights-of-way use agreement and shall not be subject to this Section 22.16.6 but shall be required to register with the City as described in Chapter 337.401, Florida Statutes". Assistant City Attorney Peter Lichtman agreed • with including the language. MINUTES CITY OF DANIA BEACH 10 JANUARY 9, 2001 Attorney Barbara Hall, Greenberg, Traurig, et al, representing TCG South Florida, requested that the amount of the construction bond be an amount that is reasonable to ensure the restoration of the right- of-way and not be defined as the full amount of the work being proposed. Attorney Gerry Knight, Holland & Knight, P.A., representing E.spire and Metro Media Fiber Network, agreed with the discussed changes to the emergency ordinance. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, amending the ordinance on page 2, Section 22-9 Definitions—"Franchise or Rights-of-way use Agreement' to add the following wording "or, as applicable, an effective registration pursuant to Chapter 202, Florida Statutes". The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes A motion was made by Commissioner Mikes, seconded by Commissioner Etling, amending the ordinance on page 4, Section 22-14 Permit Fees- by adding the following sentence at the end of the paragraph "The fee will be waived as required by law." The motion passed on the following 4/1 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-yes A motion was made by Commissioner Cali, seconded by Commissioner Etling, amending the ordinance on page 4, second paragraph, 4th line, in Section 22-15 Insurance and Bonding — by replacing the wording "the work activity" to "restoring the right-of-way". The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes A motion was made by Commissioner Mikes, seconded by Commissioner Etling, amending the ordinance on page 6, Section 22-16 by adding subparagraph (J) "Applicant shall install all facilities in such a manner as to ensure that the City will retain the ability to reasonable access, repair and maintenance of its own facilities in the right-of-way". The motion passed on the following 4/1 roll call vote: Commissioner Cali-no Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes MINUTES CITY OF DANIA BEACH 11 JANUARY 9, 2001 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, amending the ordinance on Section 22.16 by adding subparagraph K "applicant shall coordinate with the City on installations such that City plans for additional future infrastructure shall not be constrained by their installations". The motion passed on the following 4/1 roll call vote: Commissioner Cali-no Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes A motion was made by Commissioner Cali, seconded by Commissioner Etling, amending the ordinance on page 7, Section 22-16.6 (a) by adding the language "provided that a public or private utility that is a telecommunications company shall not as set forth in Section 337.401, Florida Statutes, be required to obtain or maintain a Franchise or Right-of-way Use Agreement and shall not be subject to this Section 22-16.6, but shall be required to register with the City as described in Chapter 337.401, Florida Statutes". The motion passed on the following 4/1 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-yes A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, amending the ordinance on page 3, Section 22-12 by adding the language "By submission of its application form to the City, the applicant acknowledges and affirms that it shall hold the City harmless for any interruption, obstruction or damage to the applicant's property or service resulting from the City's use of its rights-of- way" The motion passed on the following 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the emergency ordinance with all amendments. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Vice-Mayor Bertino requested that City Manager Smith provide City Commissioners with Chapter 337.401, Florida Statute. ITEM 9.2 WAS HEARD AFTER ITEM 9.8. rMINUTES CITY OF DANIA BEACH 12 JANUARY 9, 2001 ITEM 10 WAS HEARD AFTER ITEM 9.7. 10. COMMISSION COMMENTS: 10.1 Commissioner Cali advised that Cruise Night was going to be held at the beach on Saturday beginning at 6:00 p.m. Commissioner Cali mentioned that the City Commission received a copy of a letter from the Department of Community Affairs that was sent to the Dania Housing Authority stating that their financial report for 1998/1999 had not been received. Bill Winkelholz, Chairman of the Housing Authority, advised that the report was received by the DCA and agreed to provide all correspondence regarding the matter to the City Commissioners. 10.2 Commissioner Etling suggested that staff be given a consensus from the City Commission on the direction for relocating the I.T.Parker House from the Hilton Gardens site. City Manager Smith advised that staff is working on some alternative plans to raise funds to move the house and that a loan might be needed to finish the project. City Manager Smith advised that FPL has been contacted on assisting with the utilities aspect of the relocation project and that an answer should be received next week. Staff is currently putting together a community participation package so that other organizations can be involved in the move and that the City has the full cooperation of the developer. Vice-Mayor Bertino mentioned the need for the City to develop a downtown campus plan on the east side of the City Hall parking lot by lining the area with old historical homes to recognize the City's historical image. He thought that the plan would work well with restaurants, art and craft shows, and businesses in the downtown area and that the land to the south of City Hall needs to be purchased as well. Commissioner Cali mentioned that the idea was brought up with the Blue Ribbon Bond Committee when the bond issue was discussed and that the board may need to be reinstated now that the annexation is complete. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, directing staff to proceed with efforts to relocate the I.T. Parker House and to take action to raise funds for the relocation project. The motion passed on the following 4/1 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no 10.3 Commissioner Mikes requested City Manager Smith to provide revised cost estimates for moving the I.T. Parker House. Mayor McElyea suggested that staff look into moving the house to the south instead of moving it to the east or west. Commissioner Mikes commented on the need for a continuous fine to be imposed on Winn Dixie with the reoccurring trash problems and the need for additional street lighting at the entrance and dead trees to be replaced in the Melaleuca Gardens area. 10.4 Vice-Mayor Bertino-no comments 10.5 Mayor McElyea mentioned the need for street lights to be replaced at 28th Avenue near 1-95 and at the I.T. Parker Community Center. MINUTES CITY OF DANIA BEACH 13 JANUARY 9, 2001 City Manager Smith advised that the final draft of a dumpster ordinance is forthcoming from City Attorney Ansbro. ITEM 11.5 WAS HEARD AFTER ITEM 10.5. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 11.4. 11.1 Request by Elizabeth Miller for renewal of a Palmistry/Fortuneteller Occupational License for property located at 2730 Griffin Road. (Staff) John Miller, on behalf of Elizabeth Miller, requested approval. A motion was made by Commissioner Etling, seconded by Commissioner Cali, approving the renewal of a Palmistry/Fortuneteller Occupational License for property located at 2730 Griffin Road for one year. The motion passed on the following 4/1 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-no Vice-Mayor Bertino-yes Mayor McElyea-yes ITEM 11.3 WAS HEARD AFTER ITEM 11.1. ITEM 11.2 WAS HEARD AFTER ITEM 9.5. 11.2 Request by Jay Kodner, Kodner Galleries, for renewal of an Auctioneer Occupational License for property located at 45 South Federal Highway. (Staff) Ann Carlton, resident of Miami, advised the City Commission that she had turned over several of her Disney properties, valued at $137,000.00, to Mr. Kodner over a year ago and that she has hired an attorney to represent her in court and filed a police report with the City of Miami because Mr. Kodner has not returned her valuables. Mrs. Carlton presented information that she has gathered on the matter to Assistant City Attorney Sheffel to be forwarded to City Attorney Ansbro for the record and agreed to provide further information from the Department of Regulation in Tallahassee, Florida on Mr. Kodner's businesses. Assistant City Attorney Sheffel pointed out that there are standards in the Code for renewal of an Occupational License and that a mere accusation of an improper act would not support a denial of a license. Commissioner Mikes asked Mr. Kodner to respond to Article IV"Auctions and Auctioneers", Section 21- 52- Issuance and revocation of license- condition #5(b) "A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto." Mr. Kodner advised that the section does not apply to him. A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the Occupational License renewal for one year. The motion passed on the following 5/0 roll call vote: MINUTES CITY OF DANIA BEACH 14 JANUARY 9, 2001 Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes ITEM 11.4 WAS HEARD AFTER ITEM 11.2 ITEM 11.3 WAS HEARD AFTER ITEM 11.1. 11.3 Request by Attorney Jason B. Dubow to purchase vacant land owned by the City located South of SR 84 and West of Ravenswood Road. (Staff) Attorney Dubow explained that the owner of Parcel "A" purchased the adjacent property to the south ("Parcel B") in 1977 (see backup) and has used the land for an automobile storage business for many years. Through a clerical error, the property owner did not receive tax bills for the land locked parcel in the back that was taxed at about $100.00 per year. As a result, the land went to Broward County through a tax sale and subsequently, through annexation in 1995, Broward County deeded the property to the City of Dania Beach. Attorney Dubow advised that the property was assessed at $8,590.00 when it was annexed to the City and he could not understand how it was reassessed recently by Broward County to $16,110. In an effort to remedy the problem, he advised that his client is interested in purchasing "Parcel B" from the City for the amount of taxes on the higher assessment for a five-year period. He pointed out that the property creates a liability for the City and that the business has continued to operate legally since 1977. Vice-Mayor Bertino was of the opinion that the City cannot sell City property without following strict guidelines set out in the Charter. Commissioner Mikes clarified that the property could have been purchased by anyone when it was placed by the County for a tax sale and that there are strict rules in disposing of City property and that a fair market value must be considered. Attorney Dubow explained that the owner received the front parcel tax bill at the correct address, however, Broward County did not make the address change for the second parcel and the owners assumed that the two parcels had been reassessed together because they were purchased within a few months of each other in the same year. Therefore, the owner thought that they were paying the taxes on both parcels and they never received proper notice on the tax sale of the second parcel. Discussion followed on the need for Attorney Dubow to correct the error with the Broward County Tax Assessors Office. Attorney Sheffel advised that there is a method called "action to quiet title" for determining whether title has been acquired inappropriately and that Mr. Dubow could claim that the tax sale was not correct. He did not believe that it would be the City's responsibility to challenge the authority of the.Tax Authority. Attorney Sheffel read guidelines from the Charter in Part XII, Article III, Section 1 "Sale of Public Property" stating that the land has to be offered to the public for sale and sealed bids must be advertised. Attorney Dubow explained that no one purchased the property from the tax sale and that no one would likely bid on the property because the property is landlocked and cannot be used by anyone other than the current tenant. In addition, the City or the County has not used the property for some 14 years, Attorney Dubow requested consideration of a long-term lease in the amount of the taxes as a way to resolve the problem instead of spending money for attorney fees to attempt to resolve the matter with MINUTES CITY OF DANIA BEACH 15 JANUARY 9, 2001 Broward County. Attorney Dubow clarified that the current tenant is not the owner but would consider purchasing the property once the matter is resolved since he has been operating the business for so many years at the site. Attorney Sheffel advised that a lease for less than 20 years requires an ordinance to be adopted on a 4/5 vote. The Charter provides that the City Commission can lease property at any price that is deemed reasonable and it is not mandatory for the City Commission to advertise for leasing of any municipal lands owned in proprietary capacity on a competitive bid basis. Commissioner Mikes recommended that Attorney Dubow pursue the problem with Broward County or the City declare the property surplus and place it up for sale. There would be a chance that no one else wants the land and this could provide an alternative for Attorney Dubow's client to purchase the property. Vice-Mayor Bertino disagreed with leasing the property and was concerned about the liability risks on the City with the current business use. He agreed that the City Commission should wait for Attorney Ansbro's review of the matter. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting a resolution declaring Parcel B as surplus property and initiating the process of seeking competitive bids for sale of the property. The motion failed on the following 2/3 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-no Vice-Mayor Bertino-no Mayor McElyea-no Vice-Mayor Bertino recommended that City Manager Smith take action to protect the City with the situation and place the issue on the January 23 agenda. Commissioner Mikes recommended that Attorney Dubow send a letter to the Broward County Tax Assessor's Office so that there is documentation in the record on Broward County's position in the matter. ITEM 9.6 WAS HEARD AFTER ITEM 11.3. ITEM 11.4 WAS HEARD AFTER ITEM 11.2 11.4 Request for permit extension by Don Drybread for Santa's Magical Village. (Mayor McElyea) A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, extending the operation of Santa's Magical Village to January 21, 2001. The motion passed on the following 5/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes ITEM 11.1 WAS HEARD AFTER ITEM 11.4. ITEM 11.5 WAS HEARD AFTER ITEM 10.5. 11.5 Request by staff to reschedule first regular meetings in February and March due to elections. MINUTES CITY OF DANIA BEACH 16 JANUARY 9, 2001 • A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, rescheduling the first City Commission meetings in February and March to the following Wednesday. The motion passed on the following 3/2 roll call vote. Commissioner Cali-no Commissioner Etling-no Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 11.6 Discussion of survey results on Melaleuca Gardens improvements. (Commissioner Mikes) Commissioner Mikes mentioned his request to conduct a survey for speed humps in the Melaleuca Gardens area has shown that they are not desirable at this time. He also thanked staff for their efforts to conduct a Customer Service survey. City Manager Smith advised that the majority of the respondents believe that staff is doing a good job in the City and that a survey will be conducted in the southwest neighborhood next. 11.7. Discussion of City historic photos. (Commissioner Mikes) Commissioner Mikes recommended that staff take action to have old historic photos professionally copied and scanned into the computer and that a database of historic photos be created to preserve the City's history. Vice-Mayor Bertino recommended that historic pictures be placed on the website. • 12. APPOINTMENTS(SEE ITEM 12.5) 12.1 Appointment of 1 member to the Airport Advisory Board. 12.2 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service Board. 12.3 Appointment of 2 members to Human Relations Board. 12.4 Appointment of 1 members to the Marine Advisory Board. 12.5 Appointment of 1 member to the Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "NUISANCE ABATEMENT BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Etling appointed Edie Cruz to replace Jorge Sanchez. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting a resolution appointing Edie Cruz to the Nuisance Abatement Board. The motion passed on the following 4/0 roll call vote as Commissioner Cali left the meeting. Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 12.6 Appointment*of 2 members to the Occupational License Review Advisory Board. • MINUTES CITY OF DANIA BEACH 17 JANUARY 9, 2001 12.7 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory Board. 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Smith advised that an attorney/client session is needed January 23 to discuss the Kosnick lawsuit relating to the car wash alley matter. 13.2 City Attorney Sheffel read the title of the ordinance (Item 7.5) for the record. 14. ADJOURNMENT This meeting adjourned at 1:05 a.m. January 10tn MAYOR-COMMISSI ER ACTING CITY CLERK J' Respectfully submitted by Charlene Johnson Deputy City Clerk Approved: 01/23/01 MINUTES CITY OF DANIA BEACH 18 JANUARY 9, 2001