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HomeMy WebLinkAbout1726 - MINUTES - City Commission ® MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 24, 2001 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:40 p.m. and announced that the delay in starting the regular meeting was due to the City Commission conducting two Attorney/Client sessions prior to the meeting on the Bruckner and JJ Kelly cases. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Jim Sweet, Dania Heights Baptist Church 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro Acting City Manager: Jason Nunemaker 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 Micheal Reily, 101 SE 3 Avenue, Meadowbrook Condominium, expressed his opposition to the antenna request under Item 9.8. Mayor Flury advised him that he could speak again later when the public hearing is opened on the item. 4.2 Bobbie Grace, 110 NW 8th Avenue, agreed with Mr. Reily on the need to consider the safety factors relating to the antenna request for Item 9.8. She urged the City Commission to reappoint the Blue Ribbon Bond Committee as a way of addressing some of the recreational needs in the City through a $20 million referendum in 2002. Mrs. Grace requested that the 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 APRIL 24, 2001 budget be reviewed very carefully to ensure that taxpayer funds are being spent in an efficient manner. Mayor Flury advised the public that the City Commission had conducted one budget session already on April 17t" with staff to review some financial alternatives for funding some of the needed improvements in the City. 5. PRESENTATIONS: 5.1 Fire Rescue Commendation of Deputy Chief Brown for"Firefighter of the Year" for the State of Florida. Ken Land, Fire Chief, was pleased to report that Deputy Chief Brown was awarded the "Firefighter of the Year" by the State of Florida and clarified that the award was granted by the State and not solicited by the Dania Beach Fire Department. Chief Land advised that Mike Brown has been with the Dania Beach Fire Department for 25 years and has demonstrated loyalty and leadership throughout his service. He explained that the award was presented to Deputy Chief Brown on April 10 in Tallahassee and that it was the first bill signed by Governor Bush after taking office. Deputy Chief Brown was commended for his many years fighting for firefighter rights on state and local levels. Deputy Chief Brown expressed his appreciation for being recognized. He mentioned the tragic loss of fellow Firefighter Frank Noe in a car accident recently and requested that the future awards be recognized as the "Frank Noe Firefighter Award" for the City of Dania Beach. 6. PROCLAMATIONS: 6.1 A proclamation declaring May 3, 2001 "PRAYER DAY" in the City of Dania Beach. 6.2 A proclamation declaring April 27, 2001 "NATIONAL ARBOR DAY" in the City of Dania Beach. 6.3 A proclamation declaring Memorial day, April 28, 2001 "WORKERS' MEMORIAL DAY" in the City of Dania Beach. Acting City Manager Nunemaker read all proclamations. Andre Balash, Secretary/Treasurer of Hotel Employees Union Local 355, introduced Carol Hatten, Teacher's Union, Jim Silvernale, Business Representative for Federation of Public Employees, and Deputy Chief Brown, representing IAFF (International Association of Firefighters). Mr.Balash pointed out that there is an understaffing problem with OSHA employees and the ability to check safety measures at work sites. This deficiency results in over 60,000 workers dieing through accident or job related illnesses. Mr. Balash stressed the need for unions to be ever vigilant in the pursuit of safety and health legislation to protect workers and asked that the public pause on April 28th for"Workers Memorial Day" to extend a moment of silence for those workers who have died. ITEMS PULLED FROM THE CONSENT AGENDA: City Attorney Ansbro requested that Item 7.11 be withdrawn so that it could be reworked and • brought back to the City Commission. Commissioner Mikes pulled Item 7.9. MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 APRIL 24, 2001 • (WITHDRAWN) 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF PROFESSIONAL CIVIL ENGINEERING AND LAND SURVEYING SERVICES WITH CALVIN, GIORDANO & ASSOCIATES, CG&A PROJECT NO. 99-0183, IN AN AMOUNT NOT TO EXCEED $29,920.00 FOR COMPLETION OF A DRAINAGE STUDY FOR FEDERAL HIGHWAY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT THE CITY WILL SHARE THE COSTS WITH FLORIDA DEPARTMENT OF TRANSPORATION FOR SUCH SERVICES AND THAT THE CITY'S ACTUAL COSTS WILL BE ONE-HALF THE AMOUNT (14,960.00) AFTER REIMBURSEMENT FROM FLORIDA DEPARTMENT OF TRANSPORATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of bills for the month of March, 2001. Minutes: 7.2 Approval of Minutes for Regular Meeting, April 10, 2001 7.3 Approval of Minutes for Regular Meeting, March 27, 2001 7.4 Approval of Minutes for Workshop Meeting, August 31, 1999 7.5 Approval of Minutes for Special Meeting, September 15, 1999 Resolutions: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RENEWAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE BETWEEN THE CITY OF DANIA BEACH AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF BOT LEASE NO. 062100966 BY THE PROPER CITY OFFICIALS TO ALLOW THE CITY TO CONTINUE TO USE SUBMERGED LANDS FOR THE OPERATION OF THE DANIA BEACH FISHING PIER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING PARTICIPATION OF THE CITY IN A CONSORTIUM OF LOCAL MUNICIPALITIES IN LITIGATION REGARDING A DISPUTE WITH FLORIDA POWER & LIGHT CONCERNING A FRANCHISE FEE OFFSET. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING ANY BILLS FILED IN THE STATE OF FLORIDA HOUSE OF REPRESENTATIVES OR STATE OF FLORIDA SENATE REDUCING THE AUTHORITY OF LOCAL GOVERNMENTS TO REGULATE AND AMORTIZE BILLBOARDS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 APRIL 24, 2001 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF NINE MEMBERS ON THE POLICE AND FIREFIGHTERS' PENSION BOARD; PROVIDING THAT MEMBERS SHALL SERVE TWO-YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR EFFECTIVE DATE. Ordinances —Title to be read by city attorney: None. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the Consent Agenda with the exception of Item 7.9. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM PULLED FROM CONSENT AGENDA: 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE BACKHOE WITH VARIOUS NEEDED OPTIONS AND A FULL EXTENDED WARRANTY FROM BRIGGS EQUIPMENT, UNDER FLORIDA DEPARTMENT OF MANAGEMENT CONTRACT NO. 760-001-99-1, IN AN AMOUNT NOT TO EXCEED $62,605.30, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes asked whether Case equipment is the best-selected manufacturer and whether an air-conditioned cab is more of a safety concern in the operation of the equipment. Bud Palm, Utilities/Public Works Director, advised of the safety protections provided with the equipment in accordance with OSHA regulations. Mr. Palm advised that there is a 5-year warranty on the equipment, which is interchangeable, and that backup equipment is provided. A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 9.8 WAS HEARD AFTER ITEM 7.9. 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS: ITEM 9.1 WAS HEARD AFTER ITEM 9.10. 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 17 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 APRIL 24, 2001 • ENTITLED "OFFENSES - MISCELLANEOUS", BY AMENDING CODE SECTION 17- 126, ENTITLED "DUTIES," OF ARTICLE VII ENTITLED "NUISANCE ABATEMENT BOARD", TO INCREASE THE MAXIMUM CUMULATIVE FINES WHICH MAY BE IMPOSED BY THE NUISANCE ABATEMENT BOARD FOR PUBLIC NUISANCES; PROVIDING FOR ADMINISTRATIVE ACTION BASED ON A NUISANCE RELATED TO STOLEN PROPERTY; PROVIDING FOR AMENDMENTS TO THE NUISANCE ABATEMENT ORDINANCE TO BRING IT INTO CONFORMITY WITH RECENT AMENDMENTS TO THE APPLICABLE STATE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Acting City Manager Nunemaker reported that the ordinance was one of the reasons that the City was able to obtain the property at 803 NW 1st Avenue, proposed for a BSO substation and community center, and that the closing is expected to take place tomorrow. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the ordinance on second reading. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes • Commissioner Mikes-out of the room ITEM 11.3 WAS HEARD AFTER ITEM 9.1 ITEM 9.2 WAS HEARD AFTER ITEM 11.3. 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $250.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Mikes advised that he sponsored the Ordinance on several occasions as a way to discourage special interest group contributions for candidates and to encourage a more competitive political process for challengers. Commissioner Bertino disagreed with limiting the funds to $250.00 and supported the Florida Statutes limitation of$500.00. He pointed out that advertising is very expensive in the election process and that with the City's growth, it will take even more money to run for office in the future. MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 APRIL 24, 2001 Vice-Mayor Chunn stated that the recent election proved the point that if a candidate wants to get out and meet the people they can get elected without large sums of money. Commissioner Mikes urged reasonable campaign reforms on the State and Local levels and to encourage grass roots campaigns in the City. City Attorney Ansbro advised that the Sarasota County Court upheld the proposed ordinance and that there are other cities that have adopted the $250.00 limit. The Florida Statute provides for a cap up to $500.00. Commissioner Bertino explained that a more realistic approach to campaign reform would be to set a cap on the amount of money a candidate could spend in any campaign. Mayor Flury mentioned that she was startled with the many ways that people tried to contribute to her campaign and that the bulk of the expense in a campaign is for signs, which trash the City. She agreed that elections could be very productive without excessive amounts of money. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS", ARTICLE II, ENTITLED "PROPERTY STANDARDS", BY CREATING SECTION 8-24 TO BE ENTITLED "LIENS AND FORECLOSURE"; AUTHORIZING THE CITY TO RECORD A NOTICE OF LIEN AND TO FORECLOSE ON AN UNSAFE STRUCTURE LIEN PLACED ON PROPERTY FOR VIOLATIONS OF CHAPTER 8 OF THE CITY CODE; ESTABLISHING PRIORITY FOR DEMOLITION LIENS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE • SUBJECT OF TEMPORARY SIGNS; AMENDING CHAPTER 28, SECTION 28.220 OF MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 APRIL 24, 2001 • THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO ESTABLISH A MAXIMUM SIZE FOR TEMPORARY SIGNS, INCLUDING TEMPORARY POLITICAL SIGNS, OF EIGHT (8) SQUARE FEET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Commissioner Mikes confirmed with City Attorney Ansbro that the City can limit the size of political signs, however, the quantity of signs cannot be limited or some of the locations. He suggested 8 square feet as a maximum political sign size, which would be a size that would not require postholes that tear up yards. Mayor Flury advised that the ordinance includes temporary signs and political signs and she wondered if this would preclude the use of banners for special events. City Attorney Ansbro advised that all signs have to be treated alike and that banners and billboards are regulated under other Code sections. Attorney Ansbro advised that real estate signs are limited currently to 6 square feet and that the Ordinance would affect temporary real estate signs. Commissioner Bertino stressed the need to use large real estate signs when large parcels of property are being sold. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Bertino recommended that the Chamber of Commerce and Main Street be given an opportunity to supply their input on the Ordinance. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, continuing second reading of the Ordinance to May 8, 2001, regular meeting. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.5 A RESOLUTION PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; APPROVING A PROPOSED EAR BASED AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE ADOPTION OF A TRANSPORTATION ELEMENT FOR THE CITY OF DANIA BEACH; AUTHORIZING THE TRANSMITTAL OF SUCH AMENDMENT TO THE APPROPRIATE GOVERNMENTAL AGENCIES; REQUESTING INTERGOVERNMENTAL REVIEW OF SUCH PROPOSED COMPREHENSIVE PLAN AMENDMENT; AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO PROCESS SUCH PROPOSED PLAN AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE THEREFORE. (CONTINUED FROM 04/10/01) Laurence Leeds, Growth Management Director, advised that staff has completed the requested City Commission changes from the last meeting relating to aviation, bike lanes and paths along Dania Beach Boulevard, and preservation of conservation and recreation areas along SE 5tn Avenue. MINUTES REGULAR MEETING CITY OF DANIA BEACH 7 APRIL 24, 2001 • Commissioner Mikes expressed his appreciation to Attorney Doug Halsey and Attorney Erik Swensen, White & Case, LLP. and Attorney Brenda Chalifour for their assistance with the EIS response submitted by the City to the FAA on April 18th. He recommended that the resolution also include additional policy information on the airport. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, continuing the Resolution to May 8, 2001, regular meeting in order to allow additional airport comments by Attorney Brenda Chalifour. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.6 RZ-57-00 — Rezoning request by Dave Martino, Agent for Florida Power and Light, for property located directly north of the Dania Cut-Off Canal, extending approximately 1,300 feet east of U.S. 1 and extending approximately 270 feet north of the Dania Cut- Off Canal. The request is to rezone the property in question from I-G (industrial- General) to IRO (Industrial-Research-Office). AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY DAVE MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH OF THE DANIA CUT-OFF CANAL, EXTENDING APPROXIMATELY 1,300 FEET EAST OF U.S. 1 AND • EXTENDING APPROXIMATELY 270 FEET NORTH OF THE DANIA CUT-OFF CANAL WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM I-G (INDUSTRIAL GENERAL) TO THE CLASSIFICATION OF IRO (INDUSTRIAL RESEARCH OFFICE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) 9.7 (A) SE-58-00 — Special Exception Request by Florida Power and Light to allow an "Electrical Substation" in an IRO (Industrial Research Office) zoning district, to be located in that portion of the zoning parcel directly east of the existing substation and measuring approximately 520 feet long by 260 feet deep. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION USE REQUEST SUBMITTED BY DAVE MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH AND ADJACENT TO THE DANIA CUT-OFF CANAL, APPROXIMATELY 320 FEET EAST OF U.S. 1 AND MEASURING APPROXIMATELY 270 FEET BY 520 FEET, TO ALLOW AN "ELECTRICAL SUBSTATION" IN AN IRO (INDUSTRIAL RESEARCH OFFICE) ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 16, SECTION .20 (13)(2); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 APRIL 24, 2001 (B) SP-10-01 Site Plan request by.Florida Power and Light for a proposed substation located in that portion of the zoning parcel directly east of the existing substation and measuring approximately 520 feet long by 260 feet deep. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DAVE MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH AND ADJACENT TO THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read Items 9.6 and 9.7 A and B so that the City Commission could address the issues together. Laurence Leeds, Growth Management Director, described the property for the public and advised that staff is recommending approval of the IRO rezoning. Laurence Leeds, Growth Management Director, advised that the parcel includes the existing substation, a proposed substation and an existing nursery. The Dania Cut-Off canal is to the south. He corrected his backup material to show that Item 1 is Criteria #2. The Planning & Zoning Advisory Board recommended moving the Special Exception request forward to the City Commission with the understanding that the City Commission would determine that all 14 criteria are met. Laurence Leeds, Growth Management Director, advised that the proposed green belt buffer consists of two rows of Areca Palms staggered and Coco Plum hedges planted at the base of the Areca Palms. The site plan does not indicate existing vegetation located within the canal right-of-way. While it is the City's hope that the area will remain undisturbed, the City does not own the area. The land appears to be under the jurisdiction of the Army Corps of Engineers or the South Florida Water Management District. Mr. Leeds recommended that the City Commission question the petitioner on how the proposed new Areca Palm Buffer will screen electrical equipment anticipated to be 20 to 25 feet in height in the event the existing natural buffer deteriorates. Dave Martino, Landscape Architect and Project Manager for Florida Power and Light, advised that the proposed unmanned distribution substation, east of the Laudania switchyard, would improve reliability and increase electrical capacity to the area generally south of the Dania Cut- Off Canal. Currently, other substations rapidly approaching their design capacity serve the area. FPL owns the 7.88 acre parcel of land on the east side of Federal Highway immediately north of the Cutoff canal, which is used as a major transmission right-of-way, a regional transmission switchyard that was built in 1973, and a landscape nursery. The proposed local distribution facility will become one of over 500 similar facilities in the FPL system, which are usually located near the center of the area they service. Mr. Marino explained that FPL is required to obtain a Rezoning, Special'Exception, and Site Plan approval in order to complete the development request. Mr. Marino addressed his compliance comments on each of the 14 criteria outlined in the Special Exception request. In regards to the Site Plan, Mr. Marino advised that a modification has been provided to increase density and height buffering for the project. The buffer on the south side has been raised to approximately 5 feet above the height of the equipment pad and the Areca Palms will . be at a 10' overall height at the time of planting. The perspective affect blocks the equipment in MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 APRIL 24, 2001 • the substation and the planting will only grow up to approximately 25-foot. This is all contingent upon the possibility of the canal bank vegetation being removed. Mr. Marino advised that the vegetation has been in place for 30 years and confirmed that FPL has no plans of removing it. However, should that happen, Mr. Marino stated that FPL would complete the buffering for the surrounding residential area. In regards to access to the site, Mr. Marino explained that FPL plans to utilize an existing Dania Beach road right-of-way to construct a paved access drive that would meet City standards for access to the FPL facility. The access drive would also improve access to the Dania Farms Nursery. As a response on the lighting concern for the neighborhood, Mr. Marina explained that lighting would only be used in the event of emergency repairs and that the light would be focused internal to the substation. Commissioner Mikes mentioned that FPL provided a presentation of the project to the residents in the impacted area around election time and that the residents seemed to be comfortable with the project, however, the public can present comments during the public hearing portion. In regards to protecting the existing waterfront buffering along the canal, Commissioner Mikes requested that FPL provide the City with an easement or control over any riparian or permit rights that they may have to preserve the buffer as long as the Army Corps Engineers had no objection. City Attorney Ansbro suggested that a Quit Claim Deed might be able to handle the situation and cautioned the City Commission about assuming responsibility for maintenance of the buffer. Laurence Leeds, Growth Management Director, reminded the City Commission that the City had requested a similar landscape restriction from Competition Cycle, which created difficulty during permitting because it was not exactly clear what the applicant was supposed to provide the City. There was also uncertainty about ownership of the subject area. As such, the City was only able to obtain a personal assurance that the owner would not disturb the foliage. City Attorney Ansbro advised that protection could be provided with a Covenant running with the land confirming that the foliage would not be disturbed. Commissioner Mikes wanted the City to be provided the legal right to agree or disagree if the Army Corps of Engineers decided to remove the existing buffer. City Attorney Ansbro pointed out that riparian rights might include the right to fish, swim or bath in the canal and that the City may not want the responsibility. In response to Commissioner Bertino's question regarding the distance from the waterline to the tree line, Laurence Leeds clarified that the survey provided by FPL shows the distance between FPL's south lot line and the north shore (waters edge) of the Dania Cut off Canal varying between 40 and 70 feet. The width of the property owned by FPL is 266.04 feet and 50 to 60 feet of the land would not be built upon. Commissioner Bertino asked if FPL would allow the City to rezone the area from the edge of FPL's property line inward north for a distance of 60 feet as Open-Space to deter any future structural building. Mr. Marino advised that the area would be needed by FPL to construct a storm water management system consisting of berms, dry detention areas, landscape planning and irrigation and within the 60 feet there are also existing transmission structures being used. The property is owned by FPL and it is a transmission right-of-way and used for conveyance of transmission circuits, which precludes any other use of the property except for a distribution facility or Dania Farms Nursery. City Attorney Ansbro suggested that FPL Quit Claim whatever interest they may have on the area and provide a covenant running with the land saying that they would not MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 APRIL 24, 2001 • build anything within the area referenced by Commissioner Bertino. Mr. Marino advised that FPL would be opposed to a Restrictive Covenant, however, any approvals tonight are tied to the Site Plan so FPL would have to come back before the City Commission for future changes to the land. Commissioner Bertino advised that the City needs to provide a Restrictive Covenant before the rezoning is approved. Mayor Flury asked Mr. Leeds if the City Commission could just deal with the distribution station and not alter the zoning. Mr. Leeds advised that the City Commission could remove the rezoning request and place a deed restriction on the south 60' as referenced by Commissioner Bertino prohibiting any structures or buildings, except landscaping and drainage improvements. Mr. Leeds clarified that the City could request, as part of the Special Exception approval, that the south 60' extend all the way from the existing substation to the far rear of the parcel, thereby limiting the area to landscaping and retention. It was determined that Open Space rezoning could not be handled tonight because of advertising requirements. City Attorney Ansbro advised that a deed restriction is the best alternative. Mr. Marino requested that if the City Commission decides on the deed restriction that the limitation does not apply to transmission structures because FPL cannot determine, at this time, if a guy wire or tension span on the structures may be needed in the future. Mayor Flury opened the public hearing. Craig McAdams, 320 NE 2 Court, expressed concern for the maintenance of the waterfront property because the foliage is eroding and collapsing into the Dania Cut-Off Canal. The foliage is shoaling the canal and is creating a dangerous situation when the tide is running in or out as boats get caught in the currents rushing through the bridge. The trees are falling into the canal and the erosion has been ongoing for years. He recommended that FPL be required to repair the seawall as the heart of the City runs through the Federal Highway Bridge. He stated that the bridge also needs to be raised and widened and that this is not the time to be expanding and putting in additional transmission stations. Bill Wosenitz, 341 NE 2 Court, opposed the rezoning request and suggested that the substation be built on Michael Swerdlow property in Port Everglades so that 7,000 volt lines could be run through County parks and not S.E. 5th Avenue. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, continuing 9.6 (RZ-57-00), 9.7 A) Special Exception (SE-58-00) and B) Site Plan (SP-10-01) to the May 8m Regular Meeting in order to provide further review of the requests. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 10 WAS HEARD AFTER ITEM 9.6 AND 9.7 A& B. ITEM 9.8 WAS HEARD AFTER ITEM 7.9. MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 APRIL 24, 2001 • 9.8 TX-17-01 — Text change to allow Stealth Cellular/Internet Antennas in the following multi-family zoning districts: R-M, R-M (1), R-M (2), R-M (3) and R-3A (Meadowbrook Condominiums are currently zoned R-3A) and to provide spacing requirements between Stealth Cellular/Internet Antennas in said multi-family districts. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE ZONING APPENDIX OF THE CITY CODE OF ORDINANCES; AMENDING THE ZONING APPENDIX BY AMENDING ARTICLE Vill, ENTITLED "TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY AMENDING SECTION 33- 308 OF THE CODE OF ORDINANCES TO UPDATE THE NAMES OF THE INDUSTRIAL ZONING DISTRICTS, AND TO PROVIDE FOR PLACEMENT OF STEALTH ANTENNAS IN MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, WITH SPACING REQUIREMENTS AND OTHER REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Laurence Leeds, Growth Management Director, explained that the text change began with an appeal by Voicestream Communications to locate a stealth antenna on the rooftop of Meadowbrook Condominium "B". Staff was directed to prepare a text change amendment to the Telecommunications Ordinance to allow the use in the referenced zoning districts subject to four conditions outlined in the backup material. The Planning & Zoning Advisory Board recommended denial of the text change. If the City Commission approves the text change, Voicestream would have to submit drawings showing exactly what they propose at the location and request approval of said antenna through the Special Exception process. Mr. Leeds presented a map showing the locations where stealth antennas are currently allowed and installed throughout the City. City Attorney Ansbro explained that the City is limited on what they can do in regards to denying these types of antenna requests based on requirements from the Federal Telecommunications Act of 1996 as follows: • A municipality cannot unreasonably discriminate among providers. • The City cannot favor one provider over another. • The City can differentiate between different proposed sites if they create varying safety or aesthetic issues. • The City cannot prohibit, or effectively prohibit, the provision of wireless services in a particular area in the City. • Local governments must act on applications within reasonable times. • The Act does prohibit denial by local governments of any application if something is based on the environmental health effects of RF (radio frequency admissions) if the provider complies with FCC (Federal Communications Commission) guidelines. However, the applicant does have to demonstrate that they comply with the FCC requirements. MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 APRIL 24, 2001 • The City does not have to allow installation precisely where they want service, but the City cannot preclude them from doing business in the City. Commissioner Bertino recommended that the use be denied in all multi-family zoning districts based on the fact that the use is allowed in Commercial zoning districts, which should be sufficient. Commissioner Mikes advised that if the City does not allow telecommunication companies to use tall buildings for stealth antennas that the City will end up with tower structures in residential neighborhoods. Mayor Flury opened the public hearing and requested that the public use discretion so as not to duplicate the comments since there were so many people wishing to speak from Meadowbrook. Beulah Lair spoke in favor of the antenna based on the fact that stealth antennas are installed on roof tops of motels and hotels, which caters to people (tourists and travelers). She also stated that residents of Meadowbrook Condo "B" should be allowed the right to decided if they want the antenna or not. Ralph Viviano, President of Meadowbrook Condo "B Phase IV, requested approval of the text change as a revenue source for the condo. For the record, he presented a picture of how the antenna would look on the roof top, a petition with signatures from residents from Condo "B" requesting approval, and letters written by several residents in support of the antenna. Mr. Viviano stated that the Board of Directors for the Association took formal action to approve the request and that they have investigated the safety and aesthetics issues of the antennas and found no problems. Chickee Brandimarte, Meadowbrook Condominium Phase IV, opposed the text change for the stealth antenna use and presented the following information: • The Meadowbrook Condominum budget is not the City's concern. The anticipated revenues of$15,000.00 per year amounts to roughly $62.50 a year per unit, which is minor compared to resident's health concerns. • The size of the antenna equipment box was not provided. The Planning & Zoning Advisory Board mentioned that the boxes would be the size of refrigerators, which could vary in size. • If another company came in, they would be allowed to apply for a permit to install an antenna at the opposite end of the building. • The installation of the equipment imposes a material alteration of the common elements of the Condominium because access to the grounds and buildings must be provided 24 hours a day 7 days a week and security is venerable. • The members disagree that denial would lead to lawsuit as Telecommunication companies are not in the business of suing cities and they do not have the right under the Telecommunications Act of 1996 to force a city to change its laws. • While the companies have a right to make application to erect its equipment, it is up to the City Commission to grant the right. • The establishment of the antenna in the condominium is not compatible with surrounding land uses and the privacy of owners of the units will be invaded if the text change is approved. • The establishment of the antenna will have an adverse effect on the public interest by • introducing unknown consequences of technology that is not yet understood. Studies have MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 APRIL 24, 2001 • shown that close exposure over a long period of time to the waves from the equipment have proven detrimental affect on animals. • The issue is that a substantial segment of the community is worried about the lack of certainty in the technology and the distress caused by the concern is sufficient to warrant denial of the text change (OPN-USA-INC-County of Marion, Florida). • The City Commission should be adopting a policy encouraging co-location. • Congress recognized the need to promote the deployment of advanced telecommunications and information technologies; however, they elected to allow the local communities to decide when and where to deploy this technology. Congress provided three guidelines: 1) Prohibition against unreasonable discrimination among providers of essentially equivalent services; (2) Mandate against zoning decisions, which prohibit or have the effect of prohibiting the provision of personal wireless services; (3) Procedural requirement that any denial be in writing with sufficient reasons stated. Nothing in the Telecommunications Act forbids local authorities from applying general and non-discriminatory standards derived from there zoning codes and state law controls, subject only to procedure limitations contained in the act. The act specifically reserves these decisions to local government Section 332(c)-7 of the Act. The members are aware that Section 704(a)-4 of the Act does not allow a City to make a decision on the environmental affects of radio frequencies as long as the out put is within the FCC guidelines. The members are asking that the City Commission consider the overriding concern in the neighborhood and further commercial intrusion and to direct staff to promote installations in collocation sites in the City. • Article 13 restricts the use of dwelling units to residential use and precludes any commercial use. Phyllis Weiner, 141 SE 3 Avenue, opposed the antenna use at Meadowbrook based on concerns for safety and security of the buildings. Teddy Bohannan, 302 SW 15 Street, opposed the text changed based on studies conducted with Columbia University showing that brain tumors were strongly connected to cell phone use. In addition, telecommunication companies are now providing extensions and covers to users to reduce the threat of brain tumors. Vince Labriola, 441 SE 3 Street, opposed the request and mentioned his many years of experience with electronic repairs and services and the dangers from emitting x-ray radiation from transmitters. Paul Fetscher, 1422 Argonaut Isle, member of the Planning & Zoning Advisory Board, opposed the text change request and urged the City Commission to protect resident's homes. Lisa Young, 286 SW 9 Street, member of the Planning & Zoning Advisory Board, opposed the request based on the actions of the Planning &Zoning Board to vote 5/0 against the request. Jeff Merzoni, Voicestream, clarified that the request tonight is to approve the Text Change Ordinance on first reading that would allow telecommunications carriers the forum to make a request for antenna installations. He reminded the public that all of the evidence regarding safety and aesthetics has not been correctly presented tonight and that telecommunication , companies would be required to present this evidence at the Special Exception request. Mike Reily, Meadowbrook, once again urged the City Commission to deny the request. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 APRIL 24, 2001 . Bill Wosenitz mentioned that the long-term affects of these types of facilities might not be known for years later. Faye Palmer Bartelmes opposed the use and urged protection of residences. Chickee Brandimarte mentioned that condominium owners are not allowed to have Direct Satellite T.V. dishes but are expected to cater to large antenna companies. Hearing no further comments, Mayor Flury closed the public hearing. Commissioner Bertino commented on past actions by the Federal government to mislead the public about adverse effects of certain drugs and nuclear devices. He recommended that the City Commission deny the request based on the use not being compatible in residential areas and to take action to remove the use from R-M, RM-1, RM-2 and R-M3 zoning designations. Vice-Mayor Chunn clarified with Attorney Ansbro that the health factors would be discussed at the time of the Special Exception request and that the petitioner must prove compliance with the FCC regulations. Vice-Mayor Chunn pointed out that humans are exposed to radiation from many appliances in their homes on a daily basis and that scare tactics by Commissioner Bertino are not accurate. Commissioner Mikes mentioned his personal experience and efforts to protect environmental issues when he served on the Sierra Club. He stated that the residents from Meadowbrook are caught up in a local political fight for the next election and that there are provisions in the text ordinance to ensure that the companies have to prove first that they cannot co-locate in commercial zoning districts before being considered for a residential location. Commissioner Bertino pointed out that there are many commercial businesses in close proximity to Meadowbrook Condominium that could be used for the stealth antenna and that the City should not have to fear lawsuit by denying the request at Meadowbrook. Mayor Flury expressed her dissatisfaction with the scare tactics that were presented by Commissioner Bertino as she felt that they were completely out of context to the antenna request being addressed. Mayor Flury pointed out that the Text Change Ordinance is only on first reading tonight and that the request by the Meadowbrook Condominium Phase IV to approve the antenna must be respected. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to deny the Text Change Ordinance. The motion failed on the following 2/3 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-no Commissioner McElyea-yes Mayor Flury-no Commissioner Mikes-no A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Text Change Ordinance on first reading based on the additional safeguards provided and to give condominiums the right to decide the use of the antennas on their own. MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 APRIL 24, 2001 The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes 9.9 VA-19-01 — Variance request by Mr. Michael Blum, owner, Michael's Kitchen Restaurant, located at 433 East Sheridan Street in the Publix Sheridan Shopping Center. Request is to allow a beer/wine license (on premises consumption) within 1,000 feet of a school (Olsen Middle School). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL BLUM, OWNER OF MICHAEL'S KITCHEN RESTAURANT, FROM CHAPTER 28, ARTICLE 4, SECTION 4.201 PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS, FOR PROPERTY LOCATED AT 433 EAST SHERIDAN STREET IN THE PUBLIX SHERIDAN SHOPPING CENTER, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury opened the public hearing. Michael Blum requested approval of the beer/wine license. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving VA-19-01. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.10 VA-21-01 — Variance request by Robert Kronowitt, Owner, The Chocolate Jungle, located at 19 North Federal Highway in the Dania Beach Antiques and Jewelry Arcade, to obtain a beer/wine license (on- premises consumption) within a 1,000 feet of a Church. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT KRONOWITT, OWNER OF THE CHOCOLATE JUNGLE RESTAURANT, FROM CHAPTER 28, ARTICLE 4, SECTION 4.201 PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS, FOR PROPERTY LOCATED AT 19 NORTH FEDERAL HWY. IN THE DANIA ANTIQUES AND JEWELRY ARCADE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury opened the public hearing. Rose Lizana supported both Items 9.10 and 9.9. MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 APRIL 24, 2001 Patricia Hart, on behalf of Main Street, spoke in favor of the variance. Robert Kronowitt came forward to request approval. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting the resolution approving VA-21-01. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-out of the room ITEM 9.1 WAS HEARD AFTER ITEM 9.10. ITEM 10 WAS HEARD AFTER ITEM 9.7. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino recommended selling the Boisey Waiters facility located off of Stirling Road based on the fact that the property is off the tax roles, the building has deteriorated and that the building is unusable to the City. The proceeds from the sell of the property could then be invested into the Public Works Compound located at 1201 Stirling Road for offices, storage and a meeting hall for citizens. Commissioner Bertino thought rat the action would clean up the area and assist the community. 10.2 Commissioner McElyea mentioned that the sign at 803 NW 1st Avenue was posted without his knowledge. He asked Acting City Manager Nunemaker to be sure to send the bill to him as he supports the proposed substation and agreed to pay for the advertising. Commissioner McElyea reported that his 50th Class Reunion with South Broward High School would be held at the I.T. Parker Center on Saturday. Commissioner McElyea advised that he may be late or miss the May 8th City Commission meeting as he must complete re-certification of his masters automotive and truck license. 10.3 Commissioner Mikes mentioned that there have been many property acquisition requests suggested and that the City Commission must take a very comprehensive review to determine what makes sense and what resources may be available in the budget and whether a possible bond issue may be an alternative. Commissioner Mikes expressed his appreciation to Acting City Manager Nunemaker for getting the light installed at the entrance to Melaleuca Gardens and commended the attorneys from White & Case, LLP and Brenda Chalifour for doing a professional job with the EIS response for the City. Commissioner Mikes mentioned that the stealth antenna item on tonight's agenda has been blown way out of proportion. There are many cities that have attempted to fight these installations but cities have discovered that they have to provide reasonable access. 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 APRIL 24, 2001 10.4 Vice-Mayor Chunn encouraged citizens to get involved in many activities and government aspects of the 0ity. 10.5 Mayor Flury —no comments. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request for Abatement of Code Enforcement Lien CEB98-0199 by Gregg Bernard for/and Lauderdale Copa, Inc. for property located at 2800 South Federal Highway, Dania Beach. 11.2 Request for Abatement of Code Enforcement Lien CEB99-0227 by Gregg Bernard for/and Lauderdale Copa, Inc. for property located at 2800 South Federal Highway, Dania Beach. The City Commission decided to hear Items 11.1 and 11.2 together. Attorney Jim Brady, representing Lauderdale Copa, Inc., requested approval of the recommended abatement of $1,500.00 per item by the Code Enforcement Board. Mr. Brady advised that the Copa property was annexed into Dania Beach in 1996 in relation to property swaps with Hollywood, Fort Lauderdale and the City on the airport expansion. He mentioned that Mr. Bernard was not aware that he was operating without a City of Dania Beach Occupational License until he received a letter from previous City Manager Smith. The letter referenced the need for repair of the fresh-air intake for the air conditioning system and ventilation in the restrooms and removal of a gas stove. Mr. Bernard was also advised by Code Enforcement Officers of the conflict in the Dania Beach Code regarding the hours of operation of the business. Mr. Brady mentioned that a lawsuit was filed because Copa had been operating for over 25 years until 6:00 a.m. Mr. Brady mentioned efforts by Mr. Bernard to comply with ohe,, Code Enforcement violations, obtain an Occupational License, and appear before the Code Enforcement ord who recommended abatement of$3,000.00 on both cases. Mr. Brady advised that staff determined that the Code Enforcement Board would not address the issue regarding the hours of operation. Laurence Leeds, Growth Management Director, advised that the hours of operation issue is not part of the two Code cases being heard tonight. City Attorney Ansbro advised that the complications with the boundaries of the property being in both Fort Lauderdale and Dania Beach created a bitter legal battle in the beginning and that the City has spend over $7,000.00 in legal fees this past year. Attorney Ansbro advised that even if the City were to prevail in the lawsuit, the Courts would not award the City legal fees because there is no statute or contract in this regard. He recommended abatement of the liens to resolve the lawsuit and clarified that Mr. Bernard would have to come back for approval of an Extended License. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, to abate the code Enforcement Liens to $6,000.00 ($3,000.00 on each Item 11.1 and 11.2). The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 11.4 WAS HEARD AFTER 11.2 49EM 11.3 WAS HEARD AFTER ITEM 9.1 MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 APRIL 24, 2001 401.3 Special Event Request by Robert Fein, President, SHOWMETHECOUPONS.COM, for a "Kids in istress" charity event to be held May 19th and 20th, 2001 at the Dania Hurricane Roller Coaster. Mr. Fein was present to request approval and advised that the charity event would take place between the hours of 10:00 a.m. to 4:00 p.m. on May 19 and 20. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Special Event request subject to all Fire and Code inspection requirements being met. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 9.2 WAS HEARD AFTER ITEM 11.3. ITEM 11.4 WAS HEARD AFTER 11.2 11.4 Discussion of City Manager search. (Acting City Manager) Acting City Manager Nunemaker advised the City Commission that a workshop would be scheduled with George Hanberry and Dick Black, ICMA, to discuss advertising and review of resumes for the position of city manager. Commissioner Bertino commended Acting City Manager Nunemaker for doing a very good job in the position and recommended that the City Commission put the process of searching for a city manager on hold and *ovide more time for Mr. Nunemaker to do the job. Commissioner Mikes agreed that Jason Nunemaker is doing a very good job, however, he recommended going through with the process based on the time involved and to ensure that the City Commission considers all options. Mayor Flury agreed that Acting City Manager Nunemaker is doing a great job but felt that the process is healthy for the City and everyone involved. She encouraged Jason to include his resume in the process. Acting City Manager Nunemaker expressed appreciation for the support from staff and the City Commission. 11.5 Discussion of state of City information technology and services. (Acting City Manager) Acting City Manager Nunemaker presented a memo from Vern Johnson, Information Systems Manager, explaining the current status on the implementation of the H.T.E. financial program. He mentioned that the City also has high-speed Internet access and that Deputy City Clerk Johnson utilizes a tracking system with Clerk Index. 11.6 Discussion of changing the starting time for Regular Meetings. (Mayor Flury) Discussion followed on how to reduce the meeting times for the benefit of the public and staff. Mayor Flury suggested beginning the meetings at 6:00 p.m. MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 APRIL 24, 2001 ity Attorney Ansbro advised that the City Commission must adopt an ordinance to change the time of its regular eetings or amend the section of the Code to change the times of meetings by resolution. Commissioner Bertino felt that 7:00 p.m. would be better for the average worker to have the time to get home and eat dinner before attending the meetings. He also suggested that an additional meeting be scheduled in between regular meetings to address City business. Vice-Mayor Chunn thought that more people would attend meetings if the meetings were scheduled earlier. Commissioner Mikes supported 7:00 p.m. and mentioned that there will be more business to be addressed from the newly annexed area coming into the City in September. A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, directing City Attorney Ansbro to prepare an Ordinance for the May 8th meeting changing the time to begin regular meetings at 7:00 p.m. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes The City Commission advised that the time change would not take place until the first meeting in June. 11.7 Discussion of hiring a grant writer. (Mayor Flury) 4ayor Flury stressed the need to hire a grant writer based upon the fact that Acting City Manager Nunemaker is andling city manager responsibilities and cannot apply enough attention to grants. Commissioner Mikes recommended that a survey be conducted with other cities to see how grants are being handled. Commissioner Bertino cautioned the City Commission about considering paying a grant writer on a percentage basis because some grants require extensive matching funds. He recommended that provisions be provided to ensure that all grant applications are approved by the City Commission before the grant writer requests them so that the City is not in a position of being obligated to pay on a grant without available matching funds. Bill Wosenitz reminded the City Commission that there was $30,000 in consulting services provided with the Seatech lease at the beach for grant writing. Acting City Manager Nunemaker advised that the City is utilizing the services. 12. APPOINTMENTS: 12.1 Appointment of 5 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury appointed Thomas Grammer. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 20 APRIL 24, 2001 0 Vice-Mayor Chunn appointed Sharon Nearn. 12.2 Appointment of 2 members to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE BUDGET ADVISORY BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS 12.3 Appointment by Commission of one (1)Alternate for citizen member to the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE FOR THE CITIZEN MEMBER TO THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A FOUR-YEAR TERM FROM APRIL 1, 2000 THROUGH APRIL 1, 2004; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS 12.4 Appointment by Commission of 2 Alternate members to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD; i PROVIDING THAT TWO (2) ALTERNATE MEMBERS SHALL COMPLETE THREE (3) YEAR TERMS EXPIRING SEPTEMBER 8, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Chunn appointed Cynthia Wilkins as an Alternate on Code Enforcement. 12.5 Appointment of 4 members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS 12.6 Appointment of 2 members to Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "HUMAN RELATIONS BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS W.7 Appointment of 3 members to the Marine Advisory Board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 21 APRIL 24, 2001 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS 12.8 Appointment of 1 member by Commissioner Mikes and one (1) Alternate member by the City Commission to the Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE MEMBER AND ONE (1) ALTERNATE MEMBER TO THE "NUISANCE ABATEMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes appointed Linda Wolfson. 12.11 Appointment of 2 members to the Occupational License Review Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN ® EFFECTIVE DATE." NO APPOINTMENTS 12.12 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury appointed Steven Anderson. A motion was made by Commissioner Bertino seconded by Vice-Mayor Chunn, accepting all appointments as presented and adopting all appointment resolutions required for each board. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 13, ADMINISTRATIVE REPORTS: MINUTES REGULAR MEETING CITY OF DANIA BEACH 22 APRIL 24, 2001 63.1 City Manager—Acting City Manager Nunemaker mentioned that in regards to the pending annexation bill r Riverland Isles, a meeting was held with Lauderdale Isles and a number of concerns were presented by residents. He advised that more information would be provided at the May 8th meeting. In regards to the dust and speeding problems impacting residents with the construction access on SE 14th Street by Trafalger Associates, Acting City Manager Nunemaker advised that a letter has been sent to Mr. Kevin Guthard. Acting City Manager Nunemaker advised that four (4) small requests have been presented to the developer and that there may be a need to close off access to the road if the matters are not resolved. Mr. Nunemaker advised that the acquisition projects presented by the City Commission would be included into a proposed Capital Improvement Program so that costs can be evaluated. May 2— 7:00 p.m. —Workshop Meeting — Pier restaurant, FPL and Fire Station. 13.2 City Attorney Ansbro advised that Attorney/Client sessions would be held at 7:00 p.m. and 7:15 p.m. on May 8th for the JJ Kelly and Konschnik cases. 14. ADJOURNMENT This meeting adjourned at 11:30 p.m. MAYOR-COMMISSIONER 1pfffINZ3 CITY C E K Respectfully submitted: Charlene Johnson Deputy City Clerk Approved on: May 8, 2001 0 .MINUTES REGULAR MEETING CITY OF DANIA BEACH 23 APRIL 24, 2001