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HomeMy WebLinkAbout1720 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 27, 2001 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 7:35 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE; *Reverend Richard Austin, First Baptist Church of Dania 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 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 Ron Korman, 2724 SW 471n Street, mentioned recent medical problems that have caused a delay in his complying with the Code Enforcement violations cited against his property. He asked that the City understand that he may need more time to comply due to his medical problems and expressed a general desire to work with the City in resolving the violations. Mayor McElyea suggested that Mr. Korman might want to consider joining the Turn Around Dania Beach crime fighting organization as a way to work with the City. 4.2 Bobbie Grace, 110 NW 8 Avenue, presented a letter from the Northwest Byrd Point Civic Association urging the continuance of improvements in the Northwest section of the City under the 27cn • Year Community Development Block Grant Program. MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 FEBRUARY 27, 2001 ® Bobbie Grace mentioned her recent action to file an appeal with Mr. Roy Rogers, Broward County Ethical Campaign Practices Commission, against two candidates running in the General Election. Ms. Grace stressed the need for campaigns to be conducted in a fair and honest manner in order for the City to grow in the future. 5. PRESENTATIONS: 5.1. Acceptance of Certification of Primary Election results from the Broward County Canvassing Board. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, approving the Primary Election results as presented. 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 5.2 Request by Kathy Thompson, A Child is Missing Program, for City to sponsor an Awards day event to be held July 1, 2001, from 2:00 p.m. to 6:00 p.m. at I.T. Parker Community Center. Kathy Thompson requested sponsorship assistance from the City by granting the use of the I.T. Parker Community Center and any costs associated with the use of the facility for the Awards day event • scheduled July 1st. A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the use of the I.T. Parker Community Center for A Child is Missing Program. 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 asked that the city manager bring back a policy on the use of City facilities as a better way to deal with the many requests from organizations desiring a waive fees to use the community center. Commissioner Mikes mentioned that the City has boards set up to deal with the use of City facilities and that the City must protect the rights of residents to retain the use of the community center. City Manager Smith agreed to direct the request to the Parks, Recreation and Community Affairs Board. 6. PROCLAMATIONS: 6.1 A proclamation declaring the month of February, 2001 "LIBRARY APPRECIATION MONTH" in the City of Dania Beach. 6.2 A proclamation declaring the month of March, 2001 "WINSOME BRIGHT MONTH" in the City of Dania Beach. MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 FEBRUARY 27, 2001 . 6.3 A proclamation declaring the March 31, 2001 "DR. KATHY DIBONA DAY" in the City of Dania Beach. City Manager Smith read each of the proclamations into the record. Mayor McElyea presented the proclamations for Items 6.2 and 6.3 to Dr. Kathy Dibona as Winsome Bright was not able to attend the meeting. Mayor McElyea commended Dr. DiBona and Winsome Bright for their exceptional work at Dania Elementary School on behalf of the children. Dr. DiBona expressed appreciation to Mayor McElyea for his continued efforts to teach the children about the City's history and presented him with a picture collage. A video presentation was conducted on the recent Tomato Festival Parade and Mardi Gras Tropical Parade events. Mayor McElyea was commended for doing a good job serving as Mayor this past year. 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 January, 2001. Minutes: • 7.2 Approval of Minutes for Regular Meeting, February 6, 2001. 7.3 Approval of Minutes for Regular Meeting, July 13, 1999. Resolutions: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE TERMS AND CONDITIONS OF A PROMISSORY NOTE GIVEN TO REPUBLIC SECURITY BANK IN THE APPROXIMATE PRINCIPAL SUM OF $95,000.00 FOR THE PURCHASE OF CITY VEHICLES FOR THE PUBLIC WORKS DEPARTMENT AND GROWTH MANAGEMENT DEPARTMENT (SUCH PROMISSORY NOTE BEING SOLELY PAYABLE FROM NON AD VALOREM FUNDS); DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE ALL REQUIRED LOAN DOCUMENTS; AUTHORIZING MINOR REVISIONS TO THE LOAN DOCUMENTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFORE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ENDORSING THE APPLICATION FOR A GRANT FROM THE BROWARD COUNTY SWIM CENTRAL CHALLENGE GRANT PROGRAM FOR DESIGN AND CONTRUCTION OF A SWIMMING POOL AT PATRICK J. MELI PARK. PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS GENERAL FUND BUDGET FOR FISCAL YEAR, 2000-2001, FROM 20,603,460 TO 20,732,790 BY INCREASING THE APPROPRIATION FOR PRIOR YEAR'S SURPLUS AND INCREASING THE APPROPRIATED AMOUNT OF DEBT PROCEEDS AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED • TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 FEBRUARY 27, 2001 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CHANGE ORDER AMOUNTING TO $650.00 SUBMITTED BY AIRSOURCE SERVICES, INC. FOR RENOVATION OF THE GROWTH MANAGEMENT DEPARTMENT AIR CONDITIONING SYSTEM; PROVIDING THAT THE ORIGINAL CONTRACT AMOUNT OF $44,884.00 SHALL BE INCREASED TO $45,534.00 FOR SAID PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 27T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2001-2002) IN THE AMOUNT OF $225,884.00; PROVIDING FOR FUNDING FOR NORTHWEST IMPROVEMENTS PHASE IV IN THE AMOUNT OF $225,884.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney- NONE 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 OF DANIA BEACH, FLORIDA, ENDORSING THE PARTNERSHIP BETWEEN THE CITY OF DANIA BEACH, BROWARD COMMUNITY COLLEGE AND THE INTERNATIONAL GAME FISH ASSOCIATION IN THEIR APPLICATION FOR A GRANT FROM THE BROWARD COUNTY SAFE PARKS AND LAND PRESERVATION CHALLENGE GRANT PROGRAM FOR RENOVATION AND DEVELOPMENT OF TIGERTAIL LAKE PARK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested an overview of the proposed grant application. Randy Wilkinson, Parks & Recreation Director, explained that he is still working on the final grant application that is due March 1 and mentioned that Broward County has set aside 20 Million Dollars for Cities to apply for individual grants in amounts up to $500,000. Mr. Wilkinson advised that he was able to establish a partnership with Broward Community College who is leasing the north end of Tigertail Lake from the City and with the Bass Pro and IGFA (International Game Fish Association) complex at Griffin and Ravenswood Road to develop Tigertail Lake Park. The City will receive a $500,000 grant and BCC will receive a $500,000.00 grant from Broward County Safe Parks for renovation and development of Tigertail Lake Park. In addition, the partnership reduced the City's requirement for $125,000 in matching funds. The Fish and Fresh Water Game Commission has committed to stocking the lake with fish and has agreed to assist the City with the installation of the fishing boardwalks projected to be placed on the east side of Tigertail Lake if they receive a $675,000.00 grant from the State. MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 FEBRUARY 27, 2009 If the grants are awarded in August or September, Mr. Wilkinson was hopeful that the entire lake would • be completed within a two-year period. With the $1 Million in grants and completion of the Broward County BCC Building estimated at $843,000, the area would receive close to $2 Million in improvements. The proposed improvements are expected to include a meeting room, an office for the park, additional parking area, fishing docks at the north and south end of the lake, a picnic area and coordinated activities with all agencies. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the resolution. 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 11.9 was heard after Item 7.6 8. BIDS AND REQUESTS FOR PROPOSALS: NONE. 9. PUBLIC HEARINGS: Item 9.1 was heard after Item 11.6. 9.1 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. (SECOND READING) Commissioner Cali, as Commission Representative on the General Employees' Pension Board, advised the City Commission that the proposed Ordinance will bring the General Employees more in line with the benefits provided in the Police & Fire Pension Plan. The benefit can be provided because the General Employees' Pension Fund has grown by $4 Million over the past four years. As of December, the fund balance was $10.4 Million. The positive performance of the fund was attributed to the defensive position pursued by the Board of Trustees. The Board also worked hard to restructure the fund so that the City does not have to pay any contributions to fund the plan for contributions for present or future retirees. Mayor McElyea opened the public hearing. William Johnson, Chief Code Enforcement Officer and President of General Employees AFSME Local 3535, requested approval on behalf of the employees and mentioned that the amendment will also provide a hiring tool for the City. Marie Jabalee, Finance Director and Administrator for the General Employees Pension Board, advised that an impact statement was provided with the Ordinance showing the cost to the City and that the City will have until the next fiscal year to cover the costs. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 FEBRUARY 27, 2001 City Manager Smith advised that administration supports the Ordinance and that there are a number of • management and confidential employees that could potentially benefit from the Ordinance that are not covered under the AFSME union. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Commissioner Cali, 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 9.2 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. (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 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 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 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro advised that several representatives from the Telecommunications industry submitted additional changes and that another version of the Ordinance has been provided to the City Commission. Peter Lichtman, Assistant City Attorney, clarified that the City is not issuing any permits for rights of ways at this time and that the only changes that have been submitted relate to wording changes. MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 FEBRUARY 27, 2001 Attorney Lichtman advised that the emergency Ordinance adopted January 9th is still in place until this . Ordinance is adopted. Commissioner Mikes advised that the emergency ordinance has minimal regulations and that there is a need to get this ordinance in place. He mentioned that Bud Palm, Utilities/Public Works Director, has advised that the City must use a $200,000 or$300,000 piece of equipment to get to the City's water lines to make repairs or installations and asked staff to explain how this Ordinance will keep the situation with telecommunications installations from getting worse. City Manager Smith advised that the primary reviewer for work being installed in the City's rights of way is handled by Bud Palm and that the Growth Management Department coordinates the administrative issuance of the permits. Commissioner Mikes asked if the City has any "as built" drawings of utility lines in rights of ways. City Manager Smith advised that there is a need for exploratory research of the City's lines prior to installations and that there is no precise map of where everything is located underground. Vice-Mayor Bertino advised that the City cannot stop the installations, however, the City has the right to issue a permit. He asked whether the City could require the telecommunications companies to conduct an exploratory research of the right of way before the installations. Attorney Lichtman advised that the City couldn't require the telecommunication company to conduct a survey or provide a list of underground facilities located in rights-of-way before the issuance of a permit. However, the City has the right to decide where the communications facilities can be located within the rights of way. Vice-Mayor Bertino suggested that the City may consider a grid system of the rights of ways that would start from the surface and go down six or eight feet in property width and then divide the girds into 1 • foot squares as a way to determine where to locate the new facilities. The City has the right to manage the rights of ways, as the City will need to install a gray water line, street drainage lines and upgrade the existing lines in the future. Attorney Lichtman advised that the ordinance does provide for the City to access its utility lines within the rights of way and the telecommunications companies are responsible if they cause damage or make a mistake in moving their facilities. Discussion followed on joint trenching and co-location of facilities being handled by agreement with the telecommunications companies. Attorney Lichtman advised that the City, while making repairs to lines, is not held liable to the telecommunications companies for any negligence. Attorney Lichtman agreed to bring back additional considerations for repairing old water and sewer lines in the rights-of-ways. Vice-Mayor Bertino stressed the need to make sure that the City will use the top most points in the rights of way and restrict installations on top of City facilities. Commissioner Mikes requested that the City Manager have Mr. Bud Palm provide a sketch of utility easements located on US #1 and also the age of those utilities for the March 27th meeting. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, continuing the Ordinance to the March 27th Regular Meeting. 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 REGULAR MEETING CITY OF DANIA BEACH 7 FEBRUARY 27, 2001 . 9.4 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 11, 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. (SECOND READING) Commissioner Mikes expressed concern for the liability risk with changing the reference from "City • Engineer" to "Public Works/Utilities Director" on page 4 of the Ordinance. Ken Koch, Building Official, advised that the City does not have an Engineer on staff and that the Ordinance provides a better depiction of how the process works between the Growth Management Department and Public Works Department. It was agreed that "Chief' be inserted before each reference to Building Official and Inspectors. City Attorney Ansbro agreed to review the section concerning the removal of"Engineer" in the Ordinance and to bring back an amendment if necessary. Mayor McElyea opened the public hearing. Beulah Lair was advised that the Ordinance does not involve the proposed ordinance forthcoming in April relating to Code issues involving boats, parking and animals. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, 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 9.5 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 MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 FEBRUARY 27, 2001 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. (SECOND READING) Commissioner Etling advised that the Ordinance would update State Road 84 with the designation of Marina Boulevard and expand the City's connection with the marine industry. Commissioner Mikes inquired as to whether Dania Beach was ever recognized for starting Marina Mile as Fort Lauderdale did not start the organization. City Manager Smith did not believe that there had ever been any recognition for Dania Beach. 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 Etling, seconded by Vice-Mayor Bertino, 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 9.6 VA-59-00 — Request for Variance approval by Larry W. Mackey to demolish the rear portion of a one-story house and replace it with a two-story addition. Property located at 814 Argonaut Isle, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY LARRY W. MACKEY, FROM CHAPTER 28, ARTICLE 4 DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; ARTICLE 29 - PERVIOUS AND IMPERVIOUS AREAS AND ARTICLE 5.31 SUPPLEMENTARY LOT REGULATIONS IN AN RS-6000 DISTRICT, FOR PROPERTY LOCATED AT 814 ARGONAUT ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that Items 9.6 through 9.11 are quasi-judicial matters and that all disclosures should be presented. He then swore in those desiring to present testimony. Laurence Leeds, Growth Management Director, presented an overview of the two variances being requested for partial demolition of a one-story single family home and replacement with a two-story addition. Mr. Leeds advised that since the Planning & Zoning Board meeting, the second variance for the roof overhang does not appear necessary. Staff and the Planning & Zoning Board recommended approval. Larry Mackey, owner, submitted a letter of no objection from the next door neighbor for the second story addition and advised that the overhang will only be 24 inches. Mayor McElyea opened the public hearing. • Beulah Lair recommended approval. MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 FEBRUARY 27, 2001 Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting the Resolution approving VA-59-00. 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 VA-12-01 — Request for Variance approval by Clarence Jones to allow a 24-foot front yard setback where 25 feet is required. Property located at 817 SW 8th Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CLARENCE JONES, FROM CHAPTER 28, ZONING, ARTICLE 4 — DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REQUIREMENTS, FOR VACANT PROPERTY LOCATED AT 817 SW 8TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that Mr. Jones is constructing a single-family home. The survey showed that he was 6" shy of the 25' setback and a one-foot variance is being requested. Staff and the Planning & Zoning Board recommended approval. Clarence Jones, Dania Beach Firefighter and resident, requested approval. 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 Etling, seconded by Commissioner Cali, adopting the Resolution approving VA-12-01 for a two-foot variance. 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 9.8 a) VA-47a-00 — Request for Variance by Randolph Hansen, AIA, NCARB, Inter-Plan, Inc., representing Anil Patel, owner, Rest Inn, to allow four landscaping variances for property located at 333 South Federal Highway, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY RANDOLPH HANSEN AIA, NCARB, INTER-PLAN, INC., REPRESENTING ANIL PATEL OWNER OF PROPERTY LOCATED AT 333 SOUTH FEDERAL HWY. (REST INN), DANIA BEACH, FROM CHAPTER 26 -VEGETATION, ARTICLE IV- LANDSCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the subject property lies directly south of the Flo Mar Dry Cleaner building, which is adjacent to a car wash. The petitioner is requesting to tear MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 FEBRUARY 27, 2001 down the two existing buildings and replace them with a two-story motel. Mr. Leeds explained that due to the narrowness of the property, the petitioner is requesting four variances to develop the property. Mr. Leeds described each variance request and his recommendations as outlined in his staff memorandum. Mr. Leeds could not support Variance#3 relating to the use of a new material called "porous concrete" for the parking lot area as Growth Management Department policy has always been to require living organic materials such as soil, sod, grass, trees, etc. for pervious area. The Planning & Zoning Board recommended approval of all Variances. In regards to the 20-foot rear setback, Vice-Mayor Bertino suggested allowing the applicant to pave the 20 foot area in order to maintain four parking spaces. Commissioner Etling pointed out that a structural change to the building would occur if two units on the 1"and 2Id floor were dropped off to save the parking and the stairs and swimming pool would be moved back. Mr. Leeds agreed that more parking would be removed if the pool were moved back. Commissioner Cali advised that the plan is a quality development and should be approved as presented. Randolph Hanson, Architect for the owners, distributed a petition from residents in support of the project. In regards to the "porous concrete" material, Mr. Hansen advised that the City's pervious area requirements would be doubled with the use of the product. He then conducted demonstration showing that water flows directly through the material. Mr. Hansen advised that he has used the material with great success for the past seven years on several projects throughout Palm Beach County. Lionel Zapata, Pavement Engineer for CSI Rinker, explained that the material has been around for a minimum of 15 years. During a recent survey conducted with Broward County Engineering, the material is still moving water adequately after 13 years without any maintenance. The material should be able to handle a typical five-year 10-minute event at 6.2" of rain. Mr. Zapata advised that Tony Waterhouse, South Florida Water Management District, and Bud Palm, Utilities/Public Works Director, have expressed support of the material. In addition, the Florida Department of Transportation used the material as the base layer for the entire concrete area at the Sample Road and Powerline Road intersection to handle surface runoff. Mr. Zapata explained that oils and petroleum products do remain in the product; however, excessive amounts of oil would have to be imposed on the material to cause it to dysfunction. Mr. Zapata mentioned that technical data on the material has been provided to Palm Palm and that Mr. Palm was going to have it inspected by a civil engineer firm. Mr. Zapata agreed to provide specification information from FDOT, if needed. He explained that the typical compressed strength for the material is 500-700 PSI and flexural strength is 100—200 PSI. A minimum of six (6) inches of material would be needed in a general parking lot application servicing light to medium traffic such as cars, vans, and pickup trucks. Mr. Zapata pointed out that the material could not be used in parking lot areas servicing large 18-wheeler trucks or fork lifts. In impermeable sub base areas with muck or silt, a minimum of 12 inches or 1 foot of the material would be needed. He advised that he could provide the Florida Concrete Product Association design manual for the material. Mr. Leeds advised that staff does not really know if the material is going to work. Since this is an engineering issue, Mr. Leeds recommended that the "porous concrete" material be subject to approval by Bud Palm, Utilities/Public Works Director. Mr. Leeds also recommended that "porous concrete" be subject to the review of the Fire Department to assure the material can support large fire trucks. The petitioner must also meet all drainage requirements. In regards to the five-foot rear setback, Mr. Leeds recommended the installation of a wrought iron or aluminum locking gate at both ends of the dead space area to reduce the accumulation of litter or use by vagrants. Mr. Hansen agreed with the fence as recommended by Mr. Leeds and explained that additional building code problems would be encountered if the building were moved back to a zero lot MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 FEBRUARY 27, 2001 line. He agreed to install whatever landscaping materials recommended by the City's landscape architect and his own architect for the five-foot easement area. Discussion followed on the City's recourse if the porous material does not work. Commissioner Mikes suggested that the material should be considered a self-imposed hardship on the owner to make them responsible for repairing any problems that might occur. Mr. Hansen explained that the material cannot be dished or sloped and that it becomes part of the drainage system. Mr. Hansen anticipated the project design to be completed within 30 to 40 days and agreed to change the Silver Buttonwood trees in each landscape island with Sable Palms. Mr. Bill Tasaro, City Landscape Consultant, agreed that Sable Palms could be used. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Amended- 12/11/01-motion striking language A motion was made by Commissioner Cali, seconded by Commissioner Mikes, adopting the Resolution approving VA-47a-00 subject to aP staff feeammepdat+oas44UG14-Ig (1) Silver Buttonwoods being replaced with Sabal Palms in the landscape islands; (2) The porous concrete material subject to approval by City Engineers or Bud Palm, Public Works/Utilities Director. 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 b) SP-47-00 — Request for Site Plan approval by Randolph Hansen, AIA, NCARB, Inter- Plan, Inc., representing Anil Patel, Owner, Rest Inn, for development of a 15,036 square-foot "Dania Super 8 Motel" on property located at 333 South Federal Highway, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RANDOLPH HANSEN AIA, NCARB, INTER-PLAN, INC., REPRESENNTING ANIL PATEL OWNER OF PROPERTY LOCATED AT 333 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Resolution approving SP-47-00 subject to: (1) Silver Buttonwoods being replaced with Sabel Palms in three landscape islands and (2) Additional landscaping being added to the five foot area subject to approval by the City's Landscape Consultant. 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 9.9 a) VA-55-00 — Request for Variance approval by Marvin Mandel, President, MFA Investments, LLC, to allow four landscaping variances for property located on the SW corner of SW 39th Street and Ravenswood Road, Dania Beach. MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 FEBRUARY 27, 2001 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST ® SUBMITTED BY MARVIN MANDEL, PRESIDENT, MFA INVESTMENTS, LLC., PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SW 39TH STREET AND RAVENSWOOD RD., WITHIN DANIA BEACH, FROM CHAPTER 26 - VEGETATION, ARTICLE IV - LANDSCAPING, AND CHAPTER 28, ZONING, ARTICLE 27.60(B) PERVIOUS AND IMPERVIOUS AREAS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Etling disclosed that he had communicated with the petitioner regarding the variance request. Laurence Leeds, Growth Management Director, recommended approval of the 28% pervious area based on the odd configuration of the site with the two conditions provided in the staff memorandum. Joe Rolles, representing Marvin Mandel, explained that the property has three right of way frontages and a number of large Oak trees on the site. The large trees are being salvaged and four are being relocated. He requested approval of the 26,000 square foot Office/Warehouse Building at the Southwest Corner of Ravenswood Road and SW 39 Street (IROM Zoning). 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 Resolution approving VA-55-00 with the following staff recommendations: (1) Applicant to provide a copy of recorded plat or evidence of"Trafficway Dedication" prior to issuance of building permit: (2) Applicant to submit outstanding cost recovery fees prior to issuance of building permit, including $3,000.00 for landscape inspections during the tree relocation period. 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 b) SP-56-00 — Request for Site plan approval by Marvin Mandel, President, MFA Investments, LLC, for property located on the SW corner of SW 39th Street and Ravenswood Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARVIN MANDEL, PRESIDENT, MFA INVESTMENTS, LLC., PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SW 39TH STREET AND RAVENSWOOD RD. WITHIN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Resolution approving SP-56-00 with the following staff recommendations: (1) Applicant to provide a copy of recorded plat or evidence of"Trafficway Dedication" prior to issuance of building permit: (2) Applicant to submit outstanding cost recovery fees prior to issuance of building permit, including $3,000.00 for landscape inspections during the tree relocation period. . The motion passed on the following 5/0 roll call vote: MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 FEBRUARY 27, 2001 Commissioner Cali-yes Commissioner Etling-yes f Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 9.10 SE-51-00 — Request for Special Exception approval by Gunster, Yoakley & Stewart, P.A., representing Metricom/General Dynamics, to allow the placement of stealth "internet" antennas on the south building wing of the Dania Beach Airport Hilton Hotel, located at 1870 Griffin Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY GUNSTER, YOAKLEY & STEWART PA, REPRESENTING METRICOM/GENERAL DYNAMICS, FOR PROPERTY LOCATED ON THE ROOFTOP OF THE DANIA BEACH AIRPORT HILTON HOTEL LOCATED AT 1870 GRIFFIN ROAD, DANIA BEACH, TO ALLOW THE PLACEMENT OF AN ANTENNA FOR REMOTE INTERNET ACCESS, 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. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, continuing SE-51-00 to the March 27th Regular Meeting as requested by the petitioners. 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 9.11 SP-05-01 — Request for Site plan approval by City of Dania Beach Commission, as applicant, for "Griffin Marine Park"; to be located on city—owned land at the SE corner of SW 30th Avenue and the Dania Cut-Off Canal. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE DANIA BEACH CITY COMMISSION, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SW 30TH AVENUE AND THE DANIA CUTOFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Jason Nunemaker, Assistant City Manager, advised that the park is being constructed with the use of approximately $320,000.00 in grant funds under the Florida Inland Navigation District and Broward Boating Improvement Program. The final site plan has been reviewed with some residents in the area and one of the concerns was enforcement after 6:00 p.m. Mr. Nunemaker advised that installing a fence and locking the fence after hours would not be practical because boaters might be late in getting back. As a solution, he recommended that vehicles be ticketed after hours. Mr. Nunemaker advised that other issues discussed were the installation of a residential buffer and an increase in the height of the hedge to 6 feet. Mayor McElyea opened the public hearing. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 FEBRUARY 27, 2001 Jay Field expressed concern for the egress and ingress at the entrance to the park and recommended a right-turn only exit. His urged the City Commission to be concerned with speeding on SW 301h Avenue and to provide enforcement of the park after hours. Hearing no further comments, Mayor McElyea closed the public hearing. The City Commission discussed the possible use of rumble strips to slow traffic. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the Resolution approving the Site Plan (SP-05-01) with the understanding that staff would have the ingress and egress reviewed by a traffic consultant to ensure safety. 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 10. COMMISSION COMMENTS: 10.1 Commissioner Cali mentioned that this is his last meeting as City Commissioner and that he has given his best efforts for the City over the past four years. Mayor McElyea commended Commissioner Cali for doing a very good job during his term and stated that he has been an asset to the City. . 10.2 Commissioner Etling encouraged the public to vote in the upcoming General Election on March 131h and suggested that voters review the qualifications of each candidate before making a final decision to vote. 10.3 Commissioner Mikes mentioned that the City is doing very well and that the job of City Commissioner is much harder than people realize. He encouraged the public to review candidates campaign contributions to determine motivations and to select candidates with integrity who are not obligated to special interest groups. In regards to term limits, Commissioner Mikes clarified that had his retroactive Ordinance on Term Limits passed in 1993 instead of the Prospective Ordinance, he would not be able to run again at this time. 10.4 Vice-Mayor Bertino mentioned that there are six very good candidates to choose from in the upcoming General election and urged the public to vote. Mayor McElyea was commended for doing a very good job this past year as Mayor. 10.5 Mayor McElyea requested that the drains in the Southeast section of the City be cleaned out before the heavy rains begin. He mentioned the continued trash problems at Winn Dixie and that the debris and construction trailer eyesores occurring at the old Trails End property needs to be addressed by the County. 11. DISCUSSION AND POSSIBLE ACTION: NONE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 FEBRUARY 27, 2001 11.1 Request for abatement of Code Enforcement lien CEB98-0155 by Bette M. Campbell, TR and Si Richard Campbell, TR, for property located at 724 SW 7th Street, Dania Beach. (Staff) Attorney Stewart Smith, Associates Bank, advised that his client acquired title to the properties in Item 11.1 and 11.2 and that the liens accumulated while the properties were in the possession of Doyle Aaron. Mr. Aaron was deeded the properties sometime in July 1998 by Mr. & Mrs. Campbell. The fines ran from November 21, 1998 to December 29, 2000 and the accumulated total of fines on both properties is $57,675.00. Mr. Smith requested to reduce the fines back to the time that the bank took title to the properties following a foreclosure based on the fact that the violations have been remedied. In response to Vice-Mayor Bertino's questions, Mr. Smith advised that Associates Bank is the second company to acquire the security interest in the properties that ultimately resulted in a foreclosure and issuance of CT. The initial company was Mortgage Capital Resource Corporation and his client acquired the properties through a Certificate of Title after the loan foreclosed. Mr. Smith advised that lenders do not always know if properties to are being kept up and once his client took title, the property was maintained. Vice-Mayor Bertino was not sympathetic to banks, as they do not seem interested in how properties are maintained until after mortgage payments are missed. He stressed the importance of lenders being responsible for properties they issue mortgages on and to realize that property values are at risk when properties are not maintained over long periods of time. Commissioner Etling could not understand how a bank could lend money to a third party without knowing the condition of the property and suggested that Mr. Smith contact the title company. Mr. Smith stated that the bank took responsibility for the property and remedied the violations rapidly after taking title. He pointed out that banks are victims of fraud in many cases. A motion was made by Commissioner Cali to settle the case by abating the liens to $5,000.00 for each property. The motion died for lack of a second. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, denying the request for abatement. 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 11.2 Request for abatement of Code Enforcement lien CEB98-0156 by Bette M. Campbell, TR and Richard Campbell, TR, for property located at 720 SW 7th Street, Dania Beach. (Staff) A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, denying the request for abatement. 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 REGULAR MEETING CITY OF DANIA BEACH 16 FEBRUARY 27, 2001 11.3 Request for abatement of Code Enforcement lien CEB00-0411 by Roberto Remesar for • property located at 53 SE 13th Terrace, Dania Beach. (Staff) Richard Ottowell, representing North America Mortgage Company, explained that the Certificate of Title was received on August 29, 2000, and that an eviction proceeding was required to remove the owners. The property was brought into compliance by December 21, 2000 and the Code Enforcement Board recommended the lien be abated to $4,000.00. Vice-Mayor Bertino stressed the need for lenders to monitor the condition of properties that have been granted mortgages and restated his concerns that the lack of proper maintenance creates a reduction in property values in neighborhoods. Attorney Ottowell advised that a lender couldn't go on the property without following proper legal procedures. William Johnson, Chief Zoning Code Officer, clarified that Attorney Bender, City Code Board Counsel, had recommended an abatement to $4,000.00 because another foreclosure could wipe out the City's lien and further legal action might cost both parties more money. A motion was made by Commissioner Etling, seconded by Commissioner Cali, abating the lien to $4,000.00 as recommended by the Code Enforcement Board subject to the lien being paid within 30 days or the lien reverts back to the full amount. The motion passed on the following 3/2 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-no 11.4 Request for abatement of Code Enforcement lien CEB99-0364 by WM Properties of S. FL Inc. for property located at 338 SW 4m Court, Dania Beach. (Staff) Steven Ellis, tenant, advised that the owner, Mr. Morris, bought the property some five years ago and that he became a tenant shortly after. Mr. Morris explained that the Code violation related to a trailer that had been left on the site for a number of years by the previous owner, Modular Electric and that he has an affidavit stating that the trailer was moved two days before the deadline for the lien. Mr. Ellis continued to explain that he placed his motorcycle and wave runner outside the bay without realizing that he wasn't supposed to park them there over night. The Code Inspector seen the vehicles parked there and thought that the violation was still in process. Mr. Morris stressed the need to consider how much improvement he has made to the property and to consider that the Affidavit was provided as evidence in the case showing that the first trailer was removed two days before the lien deadline. A motion was made by Commissioner Cali, seconded by Commissioner Etling, abating the fine to zero with the understanding that improvements in the amount of$2,000.00 would be put back into the property including repainting of the building and resurfacing (seal coat) of the parking lot within 60 days. 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 MINUTES REGULAR MEETING CITY OF DAN/A BEACH 17 FEBRUARY 27, 2001 At this time, a motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, continuing the meeting past 12:00 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 At this time, City Manager Smith announced that the meeting is no longer being aired on cable TV due to technical difficulties with AT&T Broadband. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, abating the lien to $2,000.00 with the condition that $3,050.00 in improvements be put back into the property, including painting the building and resurfacing the black top, and that the lien be paid within 60 days or the lien reverts back to the original amount. 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 Item 11.7 was heard after Item 11.4. Item 11.5 was heard after Item 11.10. 11.5 Request by Nancy Rose Williams for renewal of Occupational License for a Palmistry/Fortuneteller license for property located at 1410 South Federal Highway, Dania Beach. (Staff) A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, renewing the Palmistry/Fortuneteller license for Rose Williams. 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 11.6 Request by Mary Ann Mitchell for renewal of Occupational License for a Palmistry/Fortuneteller license for property located at 219 North Federal Highway. (Staff) A motion was made by Commissioner Etling, seconded by Commissioner Cali, renewing the Palmistry/Fortuneteller license for Mary Ann Mitchell. 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 0 Mayor McElyea-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 FEBRUARY 27, 2001 . Item 9.1 was heard after Item 11.6. Item 11.7 was heard after Item 11.4. 11.7 Request by Neptune Fireworks for blanket approval of tents for several events being held at 768 East Dania Beach Blvd. (Staff) Commissioner Mikes mentioned that complaints have been registered on the number of trailers parked in the parking lot of Neptune Fireworks and concerns that hazardous materials are being stored in the trailers. Mary Ellen Dolan, Regional Manager for Neptune Fireworks, requested approval and confirmed that no hazardous materials are stored in the trailers. A motion was made by Commissioner Cali, seconded by Commissioner Etling, granting the blanket approval of tents for Neptune Fireworks as requested. 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 11.8 Request by Michael Fitzpatrick, representing USA Boating Center, for placement of a temporary trailer on property located at 4550 Ravenswood Road. Laurence Leeds, Growth Management Director, advised that Mr. Fitzpatrick has revised his request to keep trailers 1 (Sales) and 3 (Service) for six months and trailers 4 (New Sales/Service) and 5 (Security Guard) for two years with the understanding that the trailers would be moved to the back of the site. Discussion followed on plans to paint and add fencing around trailer 5. A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the trailers as revised by USA Boating Center. 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 11.11 was addressed after Item 11.8. Item 11.9 was heard after Item 7.6 11.9 Discussion of airport contractor's staging area located at old Trail's End property. (Commissioner Mikes) Commissioner Mikes mentioned that Broward County cleaned up some of the litter but did not remove or relocate some of the construction trailers that have caused an appearance problem at the airport staging area at the old Trail's End site. He recommended that a formal letter be sent from the City Commission to Broward County, through the Aviation Department, requesting permanent landscaping improvements and vinyl screening on the fences to improve the appearance. MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 FEBRUARY 27, 2001 • Vice-Mayor Bertino stressed the need to clarify in the letter that sizeable berms be created for the area. Commissioner Mikes mentioned that berms might cause a problem with the tremendous underground utilities in the area but that it might be remedied by moving the fence back. Item 11.13 was heard after Item 11.9. Item 11.10 was heard after Item 11.13. 11.10 Status report on proposed Assignment of Lease and Assumption of Obligations relating to Harbour Towne Marina Lease. (City Attorney) Attorney Jon Chassen, representing Harbour Towne Associates, explained that on February 8, 2000, the City approved Resolution No. 2000-019 authorizing the city attorney to review a form of Assignment of Lease and Assumption of Obligations between Jeffrey H. Beck, as Successor Agent to the Federal Deposit Insurance Corporation, as Receiver for Southeast Bank, N.A., as Trustee and Harbour Towne Associates. Since last February, several concerns were presented by the City in regards to approving the assignment of the lease pursuant to the Recognition Agreement signed by the City in 1998. The lender has now removed the requirement of the Recognition Agreement and they have agreed that they will not spread out the lien of the mortgage from the sublease held by Harbour Towne Associates to the Main Lease. Attorney Chassen was hopeful that all concerns have been met for the City and that the proposed Assignment will be executed. City Attorney Ansbro commended Attorney Chassen for his assistance with resolving the matter and advised that the Assignment will release Southeast Bank and will allow the City to deal directly with Harbour Towne Associates. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting a Resolution authorizing the execution of the document originally approved February 8, 2000, for the Assignment of Lease and Assumption of Obligations from Jeffrey H. Beck, as Successor Agent to the Federal Deposit Insurance Corporation, as Receiver for Southeast Bank, N.A., as Trustee and Harbour Towne Associates, Inc. The motion passed on the following 3/2 roll call vote: Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-no Vice-Mayor Bertino-yes Mayor McElyea-no Commissioner Mikes clarified with Attorney Chassen that Harbour Towne has no intention of negotiating with the City for control of the I.T. Parker Community Center and City Manager Smith advised that the issue has been dropped. Item 11.5 was heard after Item 11.10. Item 11.11 was addressed after Item 11.8. 11.11 Discussion of Pier Restaurant Lease and overall plans for the beach. (Commissioner Mikes) Item 11.11 was continued to March 27, 2001, Regular Meeting. 11.12 Discussion of City transportation component of Comprehensive Plan. (Commissioner Mikes) MINUTES REGULAR MEETING CITY OF DANIA BEACH 20 FEBRUARY 27, 2001 Laurence Leeds, Growth Management Director, advised that Port Everglades is requesting to remove McIntosh Road from the Broward County Trafficways Plan and are requesting a letter of support from the City. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, directing staff to send a letter supporting the removal of McIntosh Road from the Broward County Trafficways Plan. 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 11.15 was heard after Item 11.12. Item 11.13 was heard after Item 11.9. 11.13 Discussion of airport EIS (Environmental Impact Study) and City representation and position. (Commissioner Mikes) Commissioner Mikes mentioned that the EIS (Environmental Impact Study) has been received from the County and that the City's consultants, White & Case, LLP, are in the process of reviewing the document. He requested an update on the City's position since a public hearing will be held at the Broward County Convention Center the end of March. Commissioner Mikes explained that the City has already gone through the State approval process for the South Runway with the DRI (Development of Regional Impact) and now the Federal approval process is being conducted with the EIS and related federal permitting that would include conditions. City Attorney Ansbro introduced Attorney Doug Halsey, White & Case, LLP, and explained that a conditional resolution (RES# 2001-010) was adopted approving the firm at the February 6th meeting that covered charges to conduct a preliminary review of the EIS. Attorney Doug Halsey, White & Case, LLP., explained that a preliminary review has been conducted of the EIS and that he wanted to come and meet the City Commission before continuing with a more in- depth. Attorney Halsey mentioned that he has over 20 years of experience in environmental law in Florida and EIS airport projects, specifically the recent attempt to convert the Homestead Air Force Base into a commercial airport. Attorney Halsey advised that he has reviewed the 1995 Airport Interlocal Agreement with the City. The Federal Aviation Administration prepared the EIS document in accordance with the National Environmental Policy Act, the Federal Aviation Act, and Airport and Airway Improvement Act. For any kind of federal activities involving significant impact on human and natural environments, a comprehensive assessment, through a scoping process, must be performed and alternatives must be presented. The EIS goes through a series of alternatives and the major focus is placed on the proposed alternative, which is the extension of Runway 9R-27 L to approximately 9,000 feet in length. Deadlines: First public hearing- March 21 at 7:00 p.m. at the Broward County Convention Center- the public is invited to also attend between 5:00 p.m. to 7:00 p.m. to receive information. April 20- Significant deadline for the City to submit written technical comments: (1) pointing out omissions, errors or failures by FAA to identify and analyze impacts related to a particular law, (2) verifying that the appropriate methodology to measure impacts was used in accordance with accepted standards. Mr. Halsey presented the following issues that will need detailed review: MINUTES REGULAR MEETING CITY OF DANIA BEACH 21 FEBRUARY 27, 2001 1. Noise Impact -whether or not the analysis provided in the EIS is consistent with the assumptions underlying the DRI Development Order and the Interlocal Agreement between the City and Broward County; 2. Wetlands —The expansion involves the filling and loss of approximately 20 acres of Wetlands- The City may want to consider a more detailed review of wetlands impacts including tidally influenced red mangrove areas and habitats for endangered plants and species. 3. Stormwater impacts associated with an expanded airport as well as impacts on animals that may inhabit the canals; 4. Loss of Compensating Storage Capacity relating to the loss of wetlands and low lying areas which are able to absorb excess stormwater. In this case, impermeable runway and other dry areas created through this project with a result in a loss of Compensating Storage Capacity, which may not be adequately addressed in the EIS. Attorney Halsey advised that the City might want to consider hiring scientific professionals for a more comprehensive review of the EIS. Commissioner Cali asked for an estimate of cost to be expected by the City: Comprehensive Biological Review -$10,000.00 to $20,000.00 (Including wetlands impact, stormwater issues, endangered species and Compensation Storage Capacity) Noise Issue -$15,000 to $30,000.00 Legal: $15,000 to $30,000.00 Estimated range of$30,000.00 to $80,000.00 Attorney Halsey explained that the Interlocal Agreement is a comprehensive agreement protecting the City's interest with respect to the expansion of the runway and includes specific conditions limiting the hours of operation, directional limitation, and weight restrictions for aircraft. It may be that the EIS alters some of the assumptions underlying the Interlocal Agreement and that agreement may require further review. Attorney Halsey advised that the higher end range is based on the review including some of the other legal documents relating to the runway expansion (DRI and Interlocal Agreement). Additional amendments to any documents would increase the fees. Attorney Halsey advised that he would let the City know whether there is a sufficient legal or factual basis for pursuing further negotiations with the County to receive better buffers, protections or restrictions. Commissioner Etling asked whether pollution issues would be included in the costs presented. Mr. Halsey advised that his analysis will include comments about air quality impact, however, this would not include any detailed scientific analysis and the City would be advised whether an additional professional consultant was needed. Commissioner Mikes mentioned his past experience as Chairman for the Sierra Club involving a lawsuit against Port Everglades for their turning notch on the impact on wetlands. He mentioned that the Sierra Club was able to use PhD's from U.M. Rosenstiel (sp.) Institute and Audubon Society to help with the project and that he would pursue the possible use of free experts from environmental groups. He ® stressed the importance of realizing that the expansion involves parts of the last and largest natural functioning mangrove wetlands areas left in Broward County. He recommended that permits be MINUTES REGULAR MEETING CITY OF DANIA BEACH 22 FEBRUARY 27, 2001 researched that have been issued in the last several years around the Port area and that the Corps of Engineers made reference to cumulative impact on the wetlands from the expansion. Commissioner Mikes pointed out that 25% of the City is going to be impacted and that some people may be losing their homes. It was his opinion that the City has a responsibility to protect residents no matter what area in the City is being impacted and that a legal defense has to be in place to contain the impact. He asked Mr. Halsey to consider that the fleet mixes proposals need to be updated and that the vulnerable points of the expansion project are the wetlands permitting and funding. Attorney Halsey advised that it is highly unlikely that he will find anything in the EIS that would be so fundamental to justify pursuing a lawsuit and that a more practical result expected is to pursue alternatives to further minimize the project's impact and provide environmental protections. Vice-Mayor Bertino agreed that air quality is a very important factor and that the City should move ahead to protect the residents by reviewing the EIS. Commissioner Mikes advised that he would work with environmental groups and that Jason Nunemaker, Assistant City Manager, could be assigned the task of researching permits issued by various agencies by contacting the Broward County Aviation Department. City Attorney Ansbro advised that Attorney Halsey will proceed based on the costs outlined in his letter that was part of the Resolution 2001-010 and that further approval from the City would be needed if further professional consultants were engaged. He advised Mr. Halsey to explore available resources from FAU, University of Miami, and Nova University to save on costs, if possible. Attorney Halsey agreed to contact Jay Field, Chairperson of the Airport Advisory Board, to schedule a meeting with the board in order that a presentation is presented on the aspects of the EIS review before the March 21 public hearing date. Attorney Halsey did not think it was necessary to appear at the March 21st public hearing and advised that the more significant date was the April 20th written comments deadline. In addition, he agreed to look into a US Supreme Court decision that affected Westlake as suggested by Commissioner Etling. Commissioner Cali asked what account was going to be used to fund the legal services since the City has such a bare bones budget since costs have been projected up to $80,000.00. City Manager Smith advised that funding would have to come from the matching grant fund account and that this would not affect current grants but would reduce grant opportunities for projects during the rest of the fiscal year. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting a supporting Resolution authorizing City Attorney Ansbro to use his judgment in appropriating funds needed to meet the needs expressed by the City Commission up to the figures presented. 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 11.14 Discussion of southwest area street closings. (Commissioner Mikes) Item 11.14 was continued to March 27, 2001, Regular Meeting. MINUTES REGULAR MEETING CITY OF DANIA BEACH 23 FEBRUARY 27, 2001 Item 11.15 was heard after Item 11.12. 11.15 Discussion of offer to purchase 803 NW 1 st Street property and possible adoption of resolution. (City Manager) City Manager Smith advised that he has discussed the purchase range with the City Commission and would like permission to move forward in making an offer on the property. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting a Resolution approving the execution of a contract to purchase the property located at 803 NW 1 st Street. 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 12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED) 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 3 members to the Marine Advisory Board. 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- *RFP for Health Insurance Consultant-City Manager Smith advised that an RFP would be advertised for a two-year agreement for a Health Insurance Consultant. Workers Comp and Liability Insurance will be reviewed next year. *Cancellation of March 13 Meeting due to General Election. *Annexation Report- City Manager Smith advised that meetings have been held with homeowners associations in the Riverlands area and that the City has been well received. He mentioned that meetings are also taking place with the newly annexed area (Southwest Area) that will be coming into the City September 15, 2001. A visioning session is being finalized with FAU regarding annexation and Scope of Services has been provided to the City Commission on the Riverlands area. 13.2 City Attorney- Crown Castle conflict with Weiss, Serota, et al. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, approving a letter submitted by City Attorney Ansbro waiving a conflict with representing Crown Castle in lease negotiations. MINUTES REGULAR MEETING CITY OF DANIA BEACH 24 FEBRUARY 27, 2001 The motion passed on the following 5/0 roll call vote: MCommissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Commissioner Cali was commended for serving the City this past four years. 14. ADJOURNMENT This meeting adjourned at 12:30 a.m. MAYOR-COMMISSIONER ACTING C TY CLERK Respectfully submitted by Charlene Johnson Deputy City Clerk MINUTES APPROVED: 03/27/01 MINUTES REGULAR MEETING CITY OF DANIA BEACH 25 FEBRUARY 27, 2001