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HomeMy WebLinkAbout1719 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 6, 2001 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 7:35 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Gary Culbertson, Senior Pastor; Griffin Road Baptist Church 3. ROLL CALL: Present: Mayor: Charles McElyea Vice-Mayor: John Bertino Commissioners: Jim Cali John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 04. 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 Ralph Eddy urged the City Commission to implement a plan to block SE 2"d Street and to have staff available to assist with flooding problems that occur in the Southeast section of the City. 4.2 Jay Field requested guidance from City Manager Smith on when to schedule another meeting with members of the AD Hoc Port 95 Committee and representatives from Port 95. City Manager Smith advised that one meeting has been conducted and no response has been received from the Port 95 representatives on settling the problems impacting the residential neighborhood along 30th Avenue. He recommended taking action to direct Port 95 to demolish the partially constructed entryway sign located at Griffin Road and 30th Avenue. Commissioner Etling suggested that another meeting be scheduled to address the need to re-route the trucks impacting the residential community and that the sign be used as leverage with Port 95. Vice- Mayor Bertino agreed that a meeting be scheduled with members of the Ad Hoc committee to negotiate MINUTES 1 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION with Port 95 on the truck traffic issue and that a recommendation be brought back to the City Commission. Item 5.2 was heard after Item 4.2. 5. PRESENTATIONS: 5.1 was heard after Item 5.2. 5.1 BSO "Deputy of the Month" award: *Sergeant John Diaz Chief Robert Anton, BSO, reported that FDOT (Florida Department of Transportation) has budgeted approximately one million dollars to make improvements to rights-of-ways and turn lanes on major state roads like Federal Highway, Stirling Road, Griffin Road and Sheridan Street. The improvements are expected to reduce the high incidence of accidents and should be completed within a year and a half. Chief Anton was pleased to report that Operation Safe Drive, initiated November 28`h, has shown a reduction in accidents by 66% at Griffin Road/ 1-95, Stirling Road/ 1-95 and Dania Beach Boulevard and Federal Highway. Chief Anton presented Sergeant Diaz with the Deputy of the Month for January 2001 and pointed out his professional actions to investigate and make arrests involving narcotic crimes. Item 6.1 was heard after Item 5.1. Item 5.2 was heard after Item 4.2. 5.2 Request by Al Behrendt for waiver of permit fees to construct tents for Dania Beach Marine Flea Market being held in the parking lot at Dania Jai Alai from April 19 — 22, 2001. City Manager Smith advised that Al Behrendt has agreed to hire additional police assistance for the Dania Beach Flea Market event to assist with the parking problems and Mr. Behrendt has agreed to all of staff's recommendations connected to waiving the permit fees. A motion was made by Commissioner Cali, seconded by Commissioner Etling, waiving the permit fees with all staff recommendations for the 23rd Year Dania Beach Flea Market event being held from April 19- 22. 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 6. PROCLAMATIONS: 6.1 A proclamation declaring the month of February 2001 "BLACK HISTORY MONTH" in the City of Dania Beach. 6.2 A proclamation declaring February 17-24, 2001 "ENGINEERS' WEEK" in the City of Dania Beach. is City Manager Smith read the proclamations in their entireties. MINUTES 2 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION Items pulled from the Consent Agenda: Commissioner Mikes pulled item 7.6. • 7. CONSENT AGENDA (including expenditures): Bills: 7.1 Approval of bills for the month of December 2000. Minutes: 7.2 Approval of minutes for January 23, 2001, Regular Meeting. 7.3 Approval of minutes for May 16, 2000, Special Meeting. 7.4 Approval of minutes for June 22, 1999, Regular Meeting. Resolutions: 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ANNEXATION; AFFIRMING THE INTEREST OF THE CITY OF DANIA BEACH, ACTING THROUGH ITS CITY COMMISSION, TO SERVE AS THE GOVERNING BODY FOR THE LAND LOCATED IN BROWARD COUNTY, FLORIDA KNOWN AS THE "RIVERLAND ROAD AREA"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SECOND ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO RETIREMENT DATES, PROVIDING THAT MEMBERS MAY RETIRE ON ATTAINING AGE FIFTY-FIVE (55) AND COMPLETING TEN (10) YEARS OR ATTAINING AGE FIFTY (50) AND COMPLETING TWENTY-FIVE (25) YEARS OF CREDITED SERVICE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 27 'OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "WATER AND SEWERS", AMENDING ARTICLE II, ENTITLED "WATER SHORTAGE EMERGENCIES", TO COMPLY WITH THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO ESTABLISH REGULATIONS CONCERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS-OF-WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICTS; PROVIDING FOR MINUTES 3 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING FOR AN i EFFECTIVE DATE. (FIRST READING) 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, UPDATING VARIOUS CODE PROVISIONS TO CONFORM TO CURRENT PRACTICES AND PROCEDURES OBSERVED BY THE CITY, RELATING TO STREETS, CODE ENFORCEMENT, LICENSING, ZONING, BUILDINGS, AND PLANNING AND DEVELOPMENT; TRANSFERRING VARIOUS RESPONSIBILITIES FROM ONE DEPARTMENT TO ANOTHER, ONE DIVISION TO ANOTHER DIVISION, OR BOTH, SUBJECT TO CERTAIN CIRCUMSTANCES; AMENDING VARIOUS PROVISIONS IN CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS", CHAPTER 11, WHICH CHAPTER IS ENTITLED "FIRE PROTECTION AND PREVENTION", CHAPTER 13, WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION", CHAPTER 14, WHICH CHAPTER IS ENTITLED "JUNK AND ABANDONED VEHICLES", CHAPTER 15, WHICH CHAPTER IS ENTITLED "LICENSES", CHAPTER 19, WHICH CHAPTER IS ENTITLED "PLANNING AND DEVELOPMENT', CHAPTER 22, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS"; AND CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING'; REPEALING SECTION 8-6 ENTITLED "CONDITIONS TO ISSUANCE OF REMODELING PERMITS"; REPEALING ARTICLE III OF CHAPTER 8, ENTITLED "ARCHITECTURAL REVIEW," SECTIONS 8-29 THROUGH 8-40; IN ITS ENTIRETY;REPEALING SECTION 19-5 ENTITLED "COMBINING LOTS INTO ONE UNIT; EFFECT'; REPEALING SECTION 19-6 ENTITLED "DECLARATION COMBINING LOTS'; REPEALING ARTICLE II, DIVISION 2 OF CHAPTER 13, ENTITLED "UNSANITARY BUILDINGS' SECTIONS 13-37 THROUGH 13-43, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT THE • PORTION OF STATE ROAD 84, WHICH PORTION LIES IMMEDIATELY WEST OF INTERSTATE HIGHWAY 1-95, EXTENDING WESTERLY TO THE PORTION OF THE ROAD BORDERED ON THE WEST BY THE SOUTH FORK OF NEW RIVER (WHICH IS ALSO THE WESTERNMOST CORPORATE LIMIT OF THE CITY) SHALL ALSO BE KNOWN AS AND NAMED "MARINA BOULEVARD"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the titles of the ordinances for first reading. A motion was made by Commissioner Etling, seconded by Commissioner Cali, approving the Consent Agenda with the exception of item 7.6. 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 Pulled from the Consent Agenda: 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF WHITE & CASE AS SPECIAL CITY ATTORNEYS, TO PROVIDE LEGAL SERVICES TO THE CITY IN CONNECTION WITH AN ENVIRONMENTAL IMPACT STATEMENT ("E.I.S.") EXPECTED TO BE ISSUED IN CONNECTION WITH RUNWAY IMPROVEMENTS PROPOSED TO BE LOCATED AT THE FORT LAUDERDALE-HOLLYWOOD MINUTES 4 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes questioned the aviation experience of White & Case, P.A. and asked the City Manager for clarification on whether his position, on behalf of the City, is in favor of development of the South Runway for economic development purposes or on protecting the residential community. Vice-Mayor Bertino explained that Commissioner Mikes and himself voted against the Interlocal Agreement with the Fort Lauderdale-Hollywood Airport in 1995. However, he pointed out that there were three votes that approved the agreement and that the City is bound by the agreement to work with the airport. However, he agreed that the City should pursue litigation to protect the health and safety of the residents. City Manager Smith clarified that when the City made its presentation on the DRI issue with the Broward County Commission a few years ago, it was agreed that Attorney Earl Gallop would address the legal issues, Commissioner Mikes would cover the neighborhood issues and that he, as City Manager, would handle the economic development aspects. City Manager Smith advised that the City's position has always been to protect the residents and that a thorough review of the EIS (Environmental Impact Statement) will be conducted to ensure that all safeguards are in place. City Attorney Ansbro advised that White & Case is a firm that is talented in the National Environmental Policy Act ("NEPA") law and has experience in the aviation field. He was agreeable to scheduling a presentation with the firm but cautioned the City Commission on taking too much time to hire the firm since the EIS draft report is due out tomorrow and there being a need for the law firm to be in place to begin immediate review. • Commissioner Cali was concerned that the fiscal year budget has no extra funding to cover the legal services estimated to cost $325.00 per hour for the principal attorney and $180.00 to $315.00 per hour for other attorneys. He also pointed out that there is no estimate or a cap on the total amount presented in the proposal on the City's obligation to pay for review of the EIS. Commissioner Mikes mentioned that he has been the only Commissioner to express concern so far that the City has expended well over $500,000 a year for just regular legal services with the current outside law firm, Weiss, Serota, et al. He added that the entire annual budget for an in-house City Attorney a few years ago was only $150,000.00, which included a legal secretary. Commissioner Mikes stated that the City Commission is obligated to provide legal services for the residents in the Melaleuca Gardens area because the residents face the possibility of losing their homes. He reminded the City Commission that the City spent legal fees to protect residents in the southeast area with the FPL lawsuit. Commissioner Mikes explained that another concern is that the runway expansion is going to move % of a mile closer to all residents of Dania Beach and that more residents are going to be impacted with noise pollution and environmental problems caused by the airport. Vice-Mayor Bertino agreed that the City Commission must protect all residents in the City and take action to protect the value of homes within the City and that the City can borrow the money to pay the legal fees to protect the residents impacted by the airport expansion. Commissioner Etling agreed that the City should hire the best firm possible to handle the airport matter and pursue action to stop the expansion of the runway, if possible, or pursue the best mitigation possible for the residents. In response to Commissioner Mikes' comments on costs paid for the FPL lawsuit, Commissioner Etling clarified that the FPL lawsuit was covered under the City's insurance • through the Florida League of Cities and that the City did not expend taxpayer's funds in the lawsuit. MINUTES 5 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution subject to the following: 1) The law firm of White & Case, as Special City Attorneys, will conduct a preliminary review of the EIS report; 2) The law firm of White & Case, as Special City Attorneys, will provide the City with cost information on the EIS review process and on what is anticipated to be involved with the legal process at the February 27th City Commission Meeting; 3) The City agrees to pay the law firm of White & Case, as Special City Attorneys, the costs associated with their review between now and the February 27th meeting; 4) The City is not under no obligation to go further with the law firm of White & Case, as Special City Attorneys, if they decide not to; 5) The initial legal documentation of the analysis will remain in the possession of the City if another law firm is selected; 6) City Manager Smith will invite Jay Field, Chairman of the Airport Advisory Board, to sit in on all discussions and meetings with the law firm of White & Case, as Special City Attorneys, relating to the ESI process. 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 • 11.3 was heard after Item 7.6 8. BIDS AND REQUESTS FOR PROPOSALS: None. Item 9.1 was heard after Item 11.3. 9. PUBLIC HEARINGS: (Continued from the 1/23/01 regular meeting) 9.1 SP-04-01 — Site Plan Review for Modello Community Center and Police Substation to be located at 803 NW 1st Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT 803 NW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Chief Anton, BSO, presented a concept drawing of the Modello Community Center proposal. City Manager Smith advised that the City completed an appraisal of the property and that the mortgage holder has agreed to provide the City with first opportunity to purchase the property. In addition, staff is actively working on additional funding sources outside of the City for renovation of the proposed police facility. Vice-Mayor Bertino was of the opinion that a firm commitment on the purchase of the property needs to be accomplished before any money is spent on the architectural drawings and that the concept plans should be formally presented before the community organizations and citizens in the community. MINUTES 6 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION . Chief Anton explained that some changes would need to be made to the parking and driveway on the proposed plan. The plan has been discussed with the Byrd Point Association and Senior Citizen group and no negative comments have been received. He also pointed out that the site plan review was heard at the Planning & Zoning Board and that property owners within 300 feet of the area were notified of the hearing but that no public comments were presented. Mayor McElyea opened the public hearing. Robert Chunn spoke in favor of the project. Gary Garofalo urged the City to move forward with determining the actual cost of the property. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, approving the general concept plan so that it can be presented to the community and directing staff to move forward with the purchase of the property. 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 • 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 19 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PLANNING AND DEVELOPMENT"; AMENDING THE CODE OF ORDINANCES BY REPEALING ARTICLE IV ENTITLED "DOWNTOWN REDEVELOPMENT AGENCY", SECTIONS 19-51 THROUGH 19-56, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 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 Vice-Mayor Bertino, adopting the ordinance on second reading. The motion passed on the following 4/0 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-out of room Vice-Mayor Bertino-yes Mayor McElyea-yes 10, COMMISSION COMMENTS: 10.1 Commissioner Cali mentioned that the Cruise Night Car Show and Street Dance was being held Saturday night at Dania Beach beginning at 6:00 p.m. as the kickoff for the Tomato Festival events. He mentioned that an Antique Bicycle show was being held the following Saturday at the Methodist Church. MINUTES 7 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION 10.2 Commissioner Etling advised of the Tomato Festival events and urged everyone to vote in the upcoming Primary Election on February 13. 10.3 Commissioner Mikes mentioned that the City was in a severe deficit 12 years ago when he was elected on the City Commission and that there have been many positive changes to the City. He urged the public to vote in the upcoming election and agreed to continue to work for the City if he is elected. 10.4 Vice-Mayor Bertino urged voters to vote in the upcoming Primary Election and pointed out that the Primary is just as important as the General Election in March. The public was encouraged to attend the upcoming Tomato Festival events. 10.5 Mayor McElyea advised that Betty Sessa was one of the City's First Tomato Queens and that a proclamation will be presented at the next meeting in her honor as she passed away two weeks ago. 11. DISCUSSION AND POSSIBLE ACTION: None. 11.1 Request by Turn Around Dania Beach for City support to obtain a drug dog. (Commissioner Mikes) Sophie Steele, Turn Around Dania Beach, mentioned her recent opportunity to work with drug dogs in Lakeland and Tampa and asked the City Commission to consider securing a drug dog for Dania Beach, BSO District II, to assist with the drug problems impacting the City. Chief Anton, BSO, estimated the cost to run between $90,000.00 to $100,000.00 for a dog, a handler, a vehicle and miscellaneous costs for vet bills. There are a number of different types of dogs used for ® different crimes and dogs are available from BSO depending upon the timing of the request. He mentioned that an arrest was possible last week because a dog was used, however, there have been times when a dog was not available for marches with Turn Around Dania Beach. Chief Anton mentioned that there is a Special Unit working out of the Airport that might also have a dog that could be utilized for the City. Vice-Mayor Bertino suggested reducing the costs by $60,000.00 with the removal of an officer because one of the five deputies from the NRT team could be trained to handle the dog. The City would only have to pay for a vehicle and a dog and the cost could be paid from the Fines & Forfeitures Fund. The dog would then be an additional aspect of the specialized unit. Chief Anton explained that the special unit is comprised of 1 supervisor and 4 deputies and that he would lose flexibility with the unit if an officer was used as a dog handler. He mentioned that a dog would primarily be used for traffic stops and that he needs to retain one deputy for each zone. Commissioner Mikes asked whether it was possible to partially fund the use of a dog for Dania Beach. Chief Anton agreed to check with the airport unit and also the possibility of a dog being donated by the DEA who would be assigned to a specific handler. Commissioner Mikes mentioned that the City is expanding with the newly annexed areas and that there may be more of a need for the City to have a dog unit. As part of the City's agreement with BSO, Chief Anton advised that five additional deputies are being added for the newly annexed area. The City Commission generally agreed to have Chief Anton review the situation and bring back some alternatives at the February 27`h meeting for securing a drug dog for Dania Beach. • MINUTES 8 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION 11.2 Status report on completing Traffic Element portion of Comprehensive Plan. (Commissioner Mikes) Commissioner Mikes mentioned that the City passed the Comprehensive Plan over a year ago and that the Traffic Element aspect of the plan needs to be completed. Laurence Leeds, Growth Management Director, advised that a draft document of the Traffic Element would be presented to the Planning & Zoning Board the third Wednesday this month. Some language changes are needed relating to matters concerning the airport, roadway capacity, and hurricane evacuation capacity. The draft document will include revisions by staff when presented to the Planning & Zoning Board and a copy will be provided to the City Commission. Item 12 was heard after Item 11.2. 11.3 was heard after Item 7.6 11.3 Discussion of antenna at Meadowbrook Lakes Condominium. (Vice-Mayor Bertino) For the record, Vice-Mayor Bertino clarified that an ugly rumor was going around that he had cut a deal with Ralph Viviano, Meadowbrook Condominium IV, to have a pump installed in one of the lakes at Meadowbrook and to have the Voicestream anterna approved. Vice-Mayor Bertino stated that there is absolutely no truth to the rumor and that he simply requested the item be placed on the agenda so that Meadowbrook would have a clearer understanding on where they stand with the antenna request. For clarification purposes, Laurence Leeds, Growth Management Director, explained that the original request for a stealth antenna to be installed on the roof of one of the condominiums came directly from • Meadowbrook through Voicestream Wireless. Meadowbrook currently has an antiquated zoning designation of R-3A that is not included in the list of zoning districts where antennas are allowed. The property would require a Rezoning and a Special Exception approval to allow the stealth antenna. Mr. Leeds explained that Voicestream appealed his decision for denial of the antenna and that they had no desire to go through the process of amending the zoning code and zoning map. The City Commission agreed to consider the issue provided that Voicestream subsidize the costs associated with amending the zoning code to address stealth antennas in residential neighborhoods. Mr. Leeds explained that Voicestream expressed a desire to have a guarantee on approval of the antenna by the City Commission and since he was unable to provide a guarantee of the City Commission's action, no further communication has been received from Voicestream. Ralph Viviano, Meadowbrook Condominium, 131 SE 3 Avenue, was of the opinion that the City should correct the zoning problem since they made an agreement with Anthony Drakas to implement the zoning when Meadowbrook was developed. He agreed that Voicestream could not be provided a guarantee and that Meadowbrook did not want to pay the fees either. Mr. Viviano explained that the antenna would provide income for the condominium and that the rezoning is causing the problem. Mr. Leeds explained that the R-3A zoning was in effect prior to 1976. In 1976, a new zoning code was adopted. The Meadowbrook Condominium was not rezoned to an RM (Residential Multi-family) designation and the City was hesitant in pursuing RM rezoning without permission from all of the condominium associations in Meadowbrook. Mr. Leeds explained that once the rezoning is accomplished, a text amendment of the zoning code would need to be pursued and advertising costs are projected to run over $2,500.00. A petitioner would then have to file an application for a Special Exception. Mr. Leeds agreed that the zoning R-3A is not consistent with any other zoning in the City; however, the zoning has not been an issue until now. Mr. Leeds stated that the map change and the • text change would have to be accomplished before the special exception could be considered. MINUTES 9 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION Commissioner Etling clarified that the R-3A also includes four blocks south of Meadowbrook Condominium between 3Id Avenue and 5th Avenue, which includes single-family homes. He also pointed out that the City Commission should consider the visual appearance of the stealth antenna boxes near other condominiums when dealing with this request. Commissioner Mikes suggested preparing a text change with the right language for the use instead of pursuing the rezoning. Mr. Leeds agreed to meet with Attorney Ansbro to consider the text change without the rezoning. However, he reminded the City Commission that he was directed to provide some limitation on the number of stealth antennas within each project, and that based on this limitation, there may be other buildings within Meadowbrook that are ultimately precluded from a stealth antenna. Vice-Mayor Bertino urged staff to review all legal ramifications of the issue with the understanding that the City wants to discourage a proliferation of stealth antennas in residential areas. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, directing City Attorney Ansbro, City Manager Smith and Laurence Leeds, Growth Management Director, to review language to regulate stealth antennas in multi-family districts through a text change without going through a rezoning and to bring a recommendation back to the City Commission. 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 12. APPOINTMENTS:(See Item 12.4) 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 2 members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Bertino appointed Donny Dones to the Marine Advisory Board. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting a resolution appointing Donny Dones to the Marine Advisory Board. The motion passed on the following 5/0 roll call vote: ® Commissioner Cali-yes Commissioner Etling-yes MINUTES 10 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION Commissioner Mikes-yes Vice-Mayor Bertino-yes • Mayor McElyea-yes 12.5 Appointment of 2 members to the Occupational License Review Advisory Board. 12.6 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory Board. 13. ADMINISTRATIVE REPORTS: 13.1 City Manager presented his comments no the following items: A. Canopy Replacement Program B. Stormwater Program C. Annexation update - City Manager Smith advised that he is working with Broward County on bringing back an annexation agreement outlining the dollars pledged for the three newly annexed areas. 13.2 City Attorney Ansbro advised that he received a letter from the attorney for Banc of America representing Harbour Towne and that he expected to bring back some information regarding the recognition agreement at the next meeting. City Manager Smith advised that Dick Lehman and US Hardware are the first to contribute to the community participation plan for moving the I.T. Parker House from the Hilton Gardens site to City Hall. 14. ADJOURNMENT • The meeting adjourned at 10:50 p.m. VAYOR-COMMIS NER ` ACTING CI Y CLERK Respectfully submitted by Charlene Johnson Deputy City Clerk Approved on: Feb.- 2001 MINUTES 11 FEBRUARY 6, 2001 DANIA BEACH CITY COMMISSION