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HomeMy WebLinkAbout1729 - MINUTES - City Commission • MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MA Y 8, 2001 9. CALL TO ORDER: Mayor Flury called the meeting to order at 7:35 p.m. and advised that two attorney-client sessions had been held prior to the meeting relating to litigation on the JJ Kelly and Martin and Florence Konschnik cases. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Dilbert D. King, Dania United Methodist Church 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino Bob Mikes City Attorney: Tom Ansbro Acting City Manager: Jason Nunemaker Deputy City Clerk: Charlene Johnson Absent: Commissioner: Charles McElyea (excused) A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, excusing Commissioner McElyea from this meeting. The motion passed on the following roll call vote. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 4. CITIZENS' COMMENTS: none 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. 40 PRESENTATIONS: MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 MAY 8, 2001 5.1 BSO "Deputy of the Month" award - Deputy Christopher Geary. 'Rhief Anton, BSO, requested continuance to May 22"d of the "Deputy of the Month" award. He advised that Dania Beach received two prestigious awards at the BSO Annual Awards event held on May 4th. Those awarded were Chickee Brandimarte for"Citizen of the Year" and Deputy Dennis Allen for"Law Enforcement Deputy of the Year" for the entire sheriff's office. 5.2 A presentation by the Dania Beach Improvement Committee regarding donations for the I.T. Parker House move. (Bo Donly) Robert "Bo" Donly presented a check in the amount of$1,007.00 from the Dania Beach Improvement Committee towards the move of the I.T. Parker House from the Hilton Gardens site off Stirling Road. 5.3 Habitat for Humanity Presentation. (Vice-Mayor Chunn) Jeannine Micee, Habitat for Humanity of Broward County, advised that Habitat for Humanity built 9 homes in the Sun Gardens subdivision of Dania Beach since 1983. She explained that Open House events are held twice a year and that applicants are evaluated on their income and ability to partnership with Habitat. The program requires that family volunteers invest 400 hours of their own labor in the sweat equity into the building of their home and that they also help build other homes with Habitat. In addition, monthly workshops are held to teach applicants how to be successful homeowners. The public was encouraged to become involved in Habitat for Humanity to help eliminate poverty housing. Ms. Micee advised that Habitat for Humanity would explore other possible options for building additional homes in Dania Beach. Commissioner Mikes supported the program as a way to reduce rental property and encourage more home Wnership in the City. Vice-Mayor Chunn was encouraged by the possibility of building additional homes in Dania Beach to help those less fortunate. Addendum: 5.4 Presentation by Sophie Steele, Turn Around Dania Beach. Sophie Steele, representing Turn Around Dania Beach, presented a check in the amount of$4,500.00 to pay for the cost of a drug dog for Dania Beach. Chief Anton, BSO, estimated it to cost $110,000.00 for a dog with a deputy, a vehicle, and training in Canada. He reported that $110,000 is currently available in the Law Enforcement Trust Fund from fines and forfeiture seizures; however, the funds are allocated for computer hardware needs at the proposed BSO substation at 803 NW 1 St Street. Commissioner Mikes mentioned that the major item of cost relates to reprioritizing a deputy and that grant funding should be pursued to replace the deputy if a grant for a dog handler cannot be found. Chief Anton advised that BSO is currently pursuing a federal grant from HIDDA that is targeted for the Charlie Will Thomas (Modello) Park area. The grant relates to drug enforcement activity and covers some services and overtime costs. In addition, another grant with FDOT is being pursued to upgrade the motorcycle position that the City decided not to fund. The trust fund monies are governed under State Statute Chapter 943 and some funds could be used for training, lodging, first year maintenance and refurbishment of a vehicle for the drug dog #ogram. Chief Anton clarified that the City would have to fund the costs of the drug dog program the following MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 MAY 8, 2001 ear. Trust fund money cannot be used for salary costs of a position unless a new position or program is being nsidered. In regards to funding, Mayor Flury clarified that the dog and the training for the handler is covered and that money should be forthcoming from the Front Porch grant to pay some salary costs. Commissioner Bertino stressed the importance of securing funds in the upcoming budget to pay for the drug dog program with the understanding that the City would be reimbursed from grant funding at a later date. Chief Anton agreed to work with the Acting City Manager on obtaining grant funding and to prepare a letter requesting an addendum to the BSO Contract. Chief Anton advised that it would take at least three months to begin the training for the program and process an amendment to the BSO contract. It was estimated to cost $20,000 to fund the officer and dog in the current 2000-01 budget. Acting City Manager Nunemaker was hopeful to at least begin the funding process so that the drug dog program could begin by October 1st A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, to approve the drug dog program. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes PROCLAMATIONS: 6.1 A proclamation declaring June 3, 2001 "STAND FOR CHILDREN DAY" in the City of Dania Beach. 6.2 A proclamation declaring May 22, 2001 "MARITIME DAY" in the City of Dania Beach. 6.3 A proclamation declaring May 20-26, 2001 "NATIONAL PUBLIC WORKS WEEK" in the City of Dania Beach. Acting City Manager Nunemaker read all proclamations. ITEMS 11.3 WAS HEARD AFTER ITEM 6. ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Bertino pulled Item 7.12 and Mayor Flury pulled Items 7.14 and 7.15. City Attorney Ansbro read the title of the Ordinance for Item 7.13. 7. CONSENT AGENDA (including expenditures): Minutes: 7.1 Approval of Minutes for Regular Meeting, April 24, 2001 7.2 Approval of Minutes for the Special Meeting, April 17, 2001 6.3 Approval of Minutes for Regular Meeting, September 14, 1999. MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 MAY 8, 2001 Resolutions: 0.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2001 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2001 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EIGHTEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH RUSS KLENET & ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE 2001 FLORIDA LEGISLATIVE SESSION, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TEMPORARY STAFFING SERVICES FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $35,000.00 FROM TEMPORARY LABOR SOURCE, INC., UNDER CONTRACT WITH TOWN OF DAVIE (BROWARD COUNTY CO-OP PURCHASING GROUP CONTRACT B 00 105), WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; 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 CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM UTILITY SEALING SERVICES, INC. IN THE AMOUNT OF $40,000.00, SOLE SOURCE PROVIDER OF PRODUCTS NECESSARY FOR SEWER MANHOLE REHABILITATION OF THE CITY'S SEWER SYSTEM, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE VARIOUS SETTLEMENT DOCUMENTS ON BEHALF OF THE CITY OF DANIA BEACH WITH JOHN BRUCKNER AND THE FIRST AMENDMENT FOUNDATION, INC. PERTAINING TO PENDING LITIGATION IN FEDERAL COURT; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE ACTING CITY MANAGER TO CONTRACT FOR THE PURCHASE OF PHASE I ARCHITECTURAL SERVICES RELATING TO A PROPOSED FISHING PIER RESTAURANT BUILDING IN AN AMOUNT NOT TO EXCEED $25,000 WITH ARONSON AND ASSOCIATES ARCHITECTURE, P.A., WITHOUT MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 MAY 8, 2001 • COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney: 7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING THE CITY CHARTER, PART II, ENTITLED "LEGISLATIVE BRANCH AND LEGISLATION", ARTICLE 7, ENTITLED "MEETINGS OF THE COMMISSION", SECTION 3, ENTITLED "REGULAR MEETINGS" TO PROVIDE THAT THE CITY COMMISSION MAY MEET REGULARY AT SUCH TIMES AS MAY BE SPECIFIED BY RESOLUTION RATHER THAN BY ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to approve the Consent Agenda with the exception of items 7.12, 7.14 and 7.15. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN EVT (WALTER C. DIETZ) AND THE CITY OF DANIA BEACH FOR FLEET MAINTENANCE AND REPAIR SERVICES ON RESCUE VEHICLES FOR THE DANIA BEACH FIRE DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 0hief Ken Land advised that the Fire Department has been using Walter Dietz to serve the fire station vehicles r 4 or 5 years and that Mr. Dietz is certified to work on all fire equipment. Chief Land stated that Mr. Dietz is $5.00 an hour higher than the Broward County and Hollywood contract prices but he accommodates the City on many other services without charging additional fees to the City. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes ITEM 7.15 WAS HEARD BEFORE ITEM 7.14 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REZONING REQUEST FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM(3) (HIGH DENSITY RESIDENTIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance on first reading. Items 7.14 and 7.15 were discussed together. MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 MAY 8, 2001 A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, denying the Ordinance on first Oading. The motion passed on the following 3/1 roll call vote with Commissioner McElyea absent. Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes ITEM 7.15 WAS HEARD BEFORE ITEM 7.14 7.15 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 40,510 SQUARE FEET / 0.93 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, APPROXIMATELY ONE BLOCK EAST OF SE 2ND AVENUE AND WEST OF THE EXISTING SHERIDAN 300 DEVELOPMENT IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 21 FLEXIBILITY UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance on first reading. �ayor Flury disagreed with the land use designation request based on the proliferation of apartment use in the rea and the City's desire to develop quality projects. Commissioner Mikes agreed that the area is too dense with apartment use and advised that the City's Comprehensive Plan has too much inventory of rental property. He advised that he would support the land use change to residential if it were owner occupied and included less density. Commissioner Bertino agreed that single-family ownership should be encouraged, however, this parcel of land is not conducive to single family use because of surrounding apartment and commercial uses and the school use to the north that creates tremendous traffic impact on 2nd Avenue. Kevin Guthart, Trafalgar Associates, supported the City Commission's comments on the need to encourage home ownership in the City, however, he pointed out that the subject parcel is located between two streets, which would require commercial access. He mentioned that this was the reason Trafalgar was unable to develop the land as they planned four years to conform to their other developments along Sheridan Street. He reminded the City Commission that Trafalger built 156 single-family homes near 700 rental apartments, which have worked out very well for the past 10 years. In addition, Trafalgar has 44 rental units behind Dr. Youker's building that they plan to develop as condominium based on market tests. Mr. Guthard pointed out that his developments are professional and that they do not impact on City services. He mentioned that people pay over $1,000 a month on rental homes these days and that there is a trend for people to rent instead of own. The City should also consider the financial gain from impact and permit fees from the development. Commissioner Bertino suggested that the City Commission work with Trafalgar on developing condominium use for the land as a way to put the land on the City's tax rolls. 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 MAY 8, 2001 A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, denying the Ordinance on first Wading. The motion passed on the following 3/1 roll call vote with Commissioner McElyea absent. Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 8. BIDS AND REQUESTS FOR PROPOSALS:-none 9. PUBLIC HEARINGS: (Continued from 4/24/01) 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF TEMPORARY SIGNS; AMENDING CHAPTER 28, SECTION 28.220 OF 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) City Attorney Ansbro read the title of the ordinance. Laurence Leeds, Growth Management Director, clarified that the ordinance does not include banner requests. Commissioner Mikes stressed the need to control the use of the campaign signs during elections and thought &e maximum eight (8) square foot size would be big enough. Commissioner Bertino was concerned that all temporary signs would mean that all real estate signs are included. Laurence Leeds advised that real estate signs are addressed in several areas of the Code and that this ordinance will increase the size of 4-sale real estate signs. In addition, there is a provision dealing with the sale of vacant commercial land, which is not affected by this ordinance, and banner signs are not affected. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes (Request for continuance) 9.2 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. 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 7 MAY 8, 2001 Laurence Leeds, Growth Management Director, requested continuance to May 22 in order to allow more time to eiscuss the resolution with the City's airport consultants, White & Case, LLP. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing the Resolution to May 22, 2001, regular meeting. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes (Request for continuance) 9.3 a) 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) b) 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 (B)(2); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. c) 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. MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 MAY 8, 2001 Laurence Leeds, Growth Management Director, requested continuance to May 22 in order to allow FPL to �ddress some of the City Commission's concerns expressed on April 24ch A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing RZ-57-00, SE- 58-00 and SP-10-01 to the May 22, 2001, regular meeting. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.4 SP-11-01 —Site plan request by Robert B. Lochrie, III, representing Park 'N Fly, Inc., for the construction of a 1,229 space commercial parking lot as a principal use on properties known as the Pegasus Executive and Eller Industrial Properties. Property located east of Taylor Road, South of Eller Drive, and north of the Hertz Rent-a-car facility. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ATTORNEY ROBERT B. LOCHRIE III, REPRESENTING PARK 'N FLY, INC., FOR PROPERTY LOCATED EAST OF TAYLOR ROAD, SOUTH OF ELLER DRIVE AND NORTH OF THE HERTZ RENT-A-CAR FACILITY IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that Attorney Lochrie became ill and has asked for a continuance to May 22. � motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing SP-11-01 to the Iay 22, 2001, regular meeting. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.5 SP-24-01-Site Plan request by James Savage for the construction of an additional 2 bedroom/2 bath residential dwelling unit to an existing single family structure in a duplex zoning district. Property located at 231 SW 11 Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JAMES SAVAGE, FOR PROPERTY LOCATED AT 231 SW 11TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the applicant wishes to construct a second dwelling unit to be connected to an existing single family home. The new dwelling (second floor) unit is approximately 880 square feet in area. The applicant has met all requirements for the site plan and the Planning & Zoning Advisory Board recommended approval. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Bertino advised that the area is zoned RD-6000 (duplex) and he was concerned that the City fbould be encouraging a proliferation of duplex units being built along with single family homes. MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 MAY 8, 2001 games Savage was present to request approval. Attorney Ansbro advised that the zoning provides for duplex use and that the City Commission can only deny the use based on deficiencies in the site plan. Discussion followed on the need to take action to process a mass large scale rezoning by resolution to control duplex use and the need for the resolution to be brought back at the next meeting. City Attorney Ansbro commented on the notice requirements for the zoning in progress. Commissioner Mikes mentioned the need for the City Commission to continue to control many of the development requests that come in to the City. He requested that City Attorney Ansbro begin the zoning in progress process, if necessary, in an effort to reduce the duplex use for the area south of Dixie Highway. Mayor Flury supported the idea of streamlining the permit process to reduce City Commission involvement and to allow the Growth Management Director to handle many of the issues as a smoother flow of the business. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the resolution approving S P-24-01. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes �0. COMMISSION COMMENTS: 10.1 Commissioner Bertino requested that staff bring back a zoning in progress resolution on May 22"d Commissioner Bertino also suggested that staff review the first block in the southeast section from Federal Highway going east for one block for possible inclusion in the rezoning. Mr. Leeds agreed to work with Attorney Ansbro on bringing back a resolution for a zoning in progress. 10.2 Commissioner McElyea-absent 10.3 Commissioner Mikes commented on the positive impact with Habitat for Humanity and other efforts to reduce drug crimes in the City. He mentioned the problem that exists with absentee landlords from outside the City who do not care whom they rent Section 8 Housing Authority units to. Commissioner Mikes advised that he heard that the Housing Authority has applied for another 100 Section 8 units and that there was supposed to be a procedure for the Housing Authority to come before the City Commission for approval first to ensure that the impact on safety services has been addressed. Commissioner Mikes mentioned the need for surveys to be conducted from other cities to judge the City's performance in regards to grants and suggested that action be taken to establish a committee to plan the City's Centennial celebration coming up in 2004. Commissioner Mikes commented on the impact from the large poles being installed by FPL and his dissatisfaction that previous City Manager Smith did not notify the City Commission in advance of the project installations. 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 MAY 8, 2001 10 4 Vice-Mayor Chunn mentioned that the late Dr. Herman Wrice wanted to use Dania Beach as a model 0ity on how to eliminate drug use and that the citizens of Dania Beach should be very proud that other cities are now looking towards Dania Beach as a model for crime prevention. 10.5 Mayor Flury was pleased that the architectural services was approved for the pier under the Consent Agenda and that the project is underway. Acting City Manager Nunemaker advised that he was going to proceed with two phases for the pier project; Phase 1 -Architectural Phase II -Construction. The first phase of the architectural aspect was approved tonight and once the phase is completed, he would then proceed to Phase II on an RFP for construction. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of Boisey Waiters center property. (Acting City Manager) Acting City Manager Nunemaker advised that a letter was recently received from Al Jones concerning the Boisey Waiters property. In the past, the property has received review by Representative Tim Ryan, Mr. Leeds and himself and that the problem continues to be the dangerous ingress and egress situation. He mentioned that the site might be more suited towards commercial use. Mr. Nunemaker recommended disposing of the property by bidding it out. If bids are unacceptable to the City, the bids could be rejected. He thought that a proposed Public Works Administrative Center could be developed without purchasing additional land and that the concept would be included in the Capital Improvement Program. In addition, he advised that staff discovered that leasing property for office use is very expensive. Commissioner Bertino mentioned that there is also approximately an acre of land west across the canal from the Boisey Waiters property that is owned by the City that should also be sold. Commissioner Bertino mentioned that Wst efforts have been made to try to build a road in the back to enter the Boisey Waiters building; however, the ad right-of-way was too expensive. He agreed that the City should proceed to bid out the property. ITEM 11.4 WAS HEARD AFTER ITEM 11.1. ITEM 11.2 WAS HEARD AFTER ITEM 11.3. 11.2 Confirmation of western fire station site. (Acting City Manager) Jason Nunemaker, Acting City Manager, requested direction from the City Commission on moving forward with a site for a western fire station based on the many discussions that have taken place about the property and the need to prepare for providing fire rescue services in the newly annexed area coming into the City September 15th. Mr. Nunemaker clarified for the public that tonight's approval would not include site plan approval and that staff would be taking measures to work out the plans with the residential community. Susan Coryell, 3040 SW 45 Street, opposed the use of the property as a fire station and thought the proposed size of the facility was too large. She was of the opinion that the City could pursue other sites for the station and requested further review of the City's purchase or use of the Broward County Fire Station #32 located on 31st Avenue near the morgue. Kris Johnson explained that he owns two properties adjacent to the land (4610 and 4614 SW 30 Way). The proposed site plan does not address noise and disturbance impacts on the residents with fire trucks entering and leaving the facility and the plan is not the scaled down version once proposed for the facility. He urged the preservation of the trees and pointed out that the station would decrease the value of the homes in the area and that lights from the trucks would shine on the homes all hours of the day. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 MAY 8, 2001 Jay Fields, 4501 SW 301h Way, pointed out that the fire department has made efforts to find alternative sites and 't greed that one more effort should be made to see if Fire Station #32 could be used for the western station. If here is no other alternative, he recommended a modest station with two bays for the site and that the area with the Oak trees be rezoned to a land use for parks and recreation use to protect the site. He also stressed the need for the encroachment issues to be resolved with the homeowners. Jason Nunemaker, Acting City Manager, advised that the City would be addressing the concerns from the residents as part of the site plan review and that Broward County Fire Station #32 is not available to the City. The encroachments would be resolved but not pursued as punitive measures by the City. For the record, a letter was also submitted by Mr. Tom Livera opposing the fire station use. Mr. Nunemaker stated that Broward County has asked that the City hire its displaced firefighters and he agreed to obtain additional confirmation on the unavailability of Fire Station #32. Commissioner Mikes expressed concern with the number of capital projects being considered by the City Commission as the western fire station proposal is being projected to cost around $2 million. He recommended that a committee be established and that one more effort be made to work with Broward County on a fire station site. Commissioner Bertino urged staff to check into the possibility of City gaining revenue from fire fees and tax funds already collected by Broward County for purposes of constructing Fire Station #32 and transferred over to the City in the annexation process. He also thought that the site plan could be revised to accommodate many of the concerns presented by residents. A motion was made by commissioner Bertino, seconded by Commissioner Mikes, establishing a delegation made up of the Mayor, City Manager, Fire Chief, Broward County Fire Chief, and a resident from the area so that cmeeting could be conducted on the use of Fire Station #32, and, if Fire Station #32 is not available, the City ommission confirms the 30'h Avenue site for the western fire station. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes Chris Johnson also asked that the City not forget about the possible use of a parcel along Griffin Road east of 30`h Way that was being pursued last year for the fire station. ITEM 7 WAS HEARD AFTER ITEM 11.2. ITEM 11.3 WAS HEARD AFTER ITEM 6. 11.3 Request by Jack Mc Question, Executive Director, Florida Ocean Sciences Institute, Inc., to hold "Frannipalozza Blues Bash 2001" at Bass Pro/IGFA property from June 1-3, 2001. (Staff) Jim Cali, on behalf of the Florida Ocean Sciences Institute Board of Trustees, advised that Bass Pro and IGFA are sponsoring the event. Due to recent actions by the federal government to cut funding from the DJJ (Department of Juvenile Justice) grant program, the institute must now seek funding sources such as charity events to keep the youth programs operating. The City Commission commended the efforts by the Florida Ocean Sciences Institute, Inc. for the many youth programs provided over the years. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 MAY 8, 2001 A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the event as Oquested subject to all building permit requirements being met. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes ITEM 11.2 WAS HEARD AFTER ITEM 11.3. ITEM 11.4 WAS HEARD AFTER ITEM 11.1. 11 A Discussion of special events as referenced in Section 33-44 Dania Beach Code. (Laurence Leeds, Growth Management Director) Laurence Leeds, Growth Management Director, recommended that special event requests normally placed under the discussion and action section of the agenda be placed at the beginning of the meeting to reduce frustration on the public and create good will in the community. The City Commission agreed to amend the agenda procedures by resolution to accommodate Mr. Leed's request. 11.5 Discussion of Human Relations Board items. (Bob Adams, Chairperson) Continued to May 22, 2001, regular meeting. ITEM 12 WAS HEARD AFTER ITEM 11.5. ITEM 11.6 WAS HEARD AFTER ITEM 12. 11.6 Request by Broward County Planning Council for the City to review proposed amendments to the Trafficways Plan as requested by Florida Department of Transportation. (Staff) Laurence Leeds, Growth Management Director, explained that the Florida Department of Transportation (FDOT) initiated a study of the Broward County Trafficways Map, a right-of-way preservation map. Mr. Leeds explained that the map is intended to apply to new development to ensure that additional roadways are dedicated and consistent with ultimate future_the right-of-way. In a built-out City like Dania Beach, the map could also reduce the development potential of infill properties. The FDOT has recommended reducing the right-of-way size on the Trafficways Plan for Federal Highway extending from Sheridan Street to the Dania Cut Canal and Dania Beach Boulevard from Federal Highway east to Gulfstream Road. Federal Highway has five lanes (two lanes in either direction with a middle left-turn lane). Mr. Leeds explained that there are no plans this year on the 2020 plan (20 years away) to widen Federal Highway due to the extensive costs of right of way acquisition. As a result, FDOT is suggesting a reduction of trafficway width to conform with the current existing right-of-way width so that infill development of Federal Highway could be accommodated. Mr. Leeds advised that there are no plans to widen Dania Beach Boulevard from Gulfstream Road to Federal Highway (six lanes with a middle left-turn lane). Mr. Leeds advised that the biggest concern on Dania Beach Boulevard is a usable bike lane or bike path from Federal Highway all the way to the beach. He advised that, while there are no plans to widen the road, FDOT has indicated that they would re-stripe the road to make a bike lane part of the current roadway. Mr. Leeds advised that he would not object to amending the Trafficways Plan to conform to existing right-of-way. The City Commission generally agreed with the reduction in width for Federal Highway and Dania Beach Boulevard. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 MAY 8, 2001 Mr. Leeds advised that the Dixie Highway trafficway designation only extends as far north to Dania Beach koulevard. The Trafficways Plan indicates a 42-foot road on both the east and west sides of the FEC railroad. explained that FDOT proposes to change the 42-foot right-of-way that extends from Sheridan Street to Dania Beach Boulevard to a 54-foot right-of-way on both sides and extending on both sides all the way to Old Griffin Road. Mr. Leeds advised that there was a proposal presented some time ago from Kimley Horn to extend Dixie Highway from North Miami all the way to Old Griffin Road and that the proposal was rejected by the City. Mr. Leeds pointed out the following two major impacts affecting Dania Beach: (1) Substantial portions of 3`d and 4t" Avenues go through residential areas in Dania Beach; (2) There may be a need to remove significant commercial buildings from the tax rolls in the area north of Stirling Road and east of the FEC railroad tracks. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, denying the proposal to amend the Trafficways Map presented by the Florida Department of Transportation as the City Commission cannot support the proposal, at the present time, due to lack of information. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 11.7 Request by Dania Beach Rotary Club to waive rental fees for the use of the I.T. Parker Community Center. (Staff) Acting City Manager Nunemaker advised that Randy Wilkinson, Parks & Recreation Director, is working on a policy to address requests for waiver of fees at the I.T. Parker Center. He recommended approval of the Rotary 0lub request since the request was approved last year and the policy is not yet established. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the request by the Dania Beach Rotary Club to waive the rental fees for May 12, 2001. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes ITEM 13 WAS HEARD AFTER ITEM 11.7. ITEM 12 WAS HEARD AFTER ITEM 11.5. 12. APPOiNTMENTS: Commissioner Bertino requested that an Arbor Committee be created in the City, through FAU, to address the tree trimming problems that exist. Mayor Flury agreed that an Arbor Committee may be a good idea, however, there are many committees that have not met in over a year. She pointed out that the additional time required by staff to process board appointments is extensive and that a burden is created especially when boards are not meeting. She asked that the City Commission consider the abolishment of some boards and committees. 12.1 Appointment of 3 members to the Airport Advisory Board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 MAY 8, 2001 "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." NO APPOINTMENTS 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." Mayor Flury appointed Judith Coatsworth to the Budget Advisory Board. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving the appointment of Judith Coatsworth to the Budget Advisory Board. The motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.3 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service 0 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 one Alternate member to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT THE ALTERNATE MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING SEPTEMBER 8, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury recommended the nomination of Peggy Breeschoten in the Alternate position on the Code Enforcement Board. Discussion followed on the need for some of the residents from the newly annexed area to be placed on boards. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution �pproving the appointment of Peggy Breeschoten as Alternate to the Code Enforcement Board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 MAY 8, 2001 he motion passed on the following 4/0 roll call vote with Commissioner McElyea absent. 0T- Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 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 12.7 Appointment of 3 members to the Marine Advisory Board. • "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; „ PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NO APPOINTMENTS 12.8 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 12.9 Appointment of 5 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." 00 APPOINTMENTS MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 MAY 8, 2001 OEM 11.6 WAS HEARD AFTER ITEM 12. ITEM 13 WAS HEARD AFTER ITEM 11.7. 13. ADMINISTRATIVE REPORTS: 13.1 City Manager -Acting City Manager Nunemaker informed the City Commission that Charlene Johnson was being appointed as Acting City Clerk and that an Ordinance in being created to eventually change the position to City Clerk by October 1. 13.2 City Attorney Ansbro advised that the Occupational License Review Advisory Board could most likely be abolished since it was dismantled in 1995 in accordance with the Equity Study Commission under the Local Occupational License Tax Act. Attorney Ansbro requested a Special Attorney-Client Session on the JJ Kelly case for May 22, 2001. Attorney Ansbro advised that the letter from EPA commenting on the City's response to the EIS report was sent onto White & Case, LLP. and the special attorneys are asking whether or not the City would want a review of the APA (Administrative Procedures Act) to possibly challenge some of the wetland and air quality issues. Mr. Ansbro advised that Attorney Erik Swensen estimated that the review would take 6 to 10 hours of legal time. The City Commission generally agreed. Commissioner Mikes requested that staff follow-up with a public records request and obtain all comments received by FAA in Orlando on April 18th in relation to the EIS response. eulah Lair advised that Broward County does not maintain the Trails End property site, which continues to be tered with junk and trash and parked trailers. She mentioned that she spoke with John Rodstrom at Broward County, but nothing has been done. Acting City Manager Nunemaker was asked to contact Broward County on the problem. 14. ADJOURNMENT This meeting was adjourned at 10:30 p.m. PAT FLURY MAYOR-COMMISSIONER ATT T: Y h, f 2a� CHARLENE JOH ON ACTING CITY CLERK APPROVED ON: MAY 22, 2001 MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 MAY 8, 2001