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HomeMy WebLinkAbout1731 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MA Y 22, 2001 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:30 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Father Anthony Thomasulo, Church of Resurrection 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino Charles McElyea Bob Mikes City Attorney: Tom Ansbro Acting City Manager: Jason Nunemaker Acting City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: None 5. PRESENTATIONS: 5.1 Marine Advisory Board - Introduction of members. Cindy Calhoun, 911 NW 7th Street, Chairperson of the Marine Advisory Board, advised the City Commission that the members appointed to the Marine Advisory Board are serious about their appointments and would like the City Commission to utilize the expertise of the members who have been appointed to the board. Ms. Calhoun expressed a desire, on behalf of the board, to establish a working relationship with the City Commission on marine related matters and she introduced the following members who were present: Bill Wosenitz Ray Lair Clive Taylor Donald Dones Cicle Smart 5.2 Dania Beach Main Street—2002 Tomato Festival Carol Christ-Moral, Dania Beach Main Street, presented a tentative schedule of the 2002 Tomato Festival event scheduled February 4— 10, 2002. She requested staff assistance from i MINUTES 1 MAY 22, 2001 DANIA BEACH CITY COMMISSION the City as well as items such as tables, chairs, and possible help with obtaining a flat-bed for a portable stage to help with the planned events. Commissioner Mikes suggested that Main Street consider coordinating the Tomato Festival with some other events such as One Ton Tug on the Saturday that is open for better publicity. Carol Christ-Moral agreed to consider the suggestion with the board but pointed out that many individuals are simultaneously working on both events and that they would not want to reduce the opportunity for fundraising by combining the events. Commissioner Bertino suggested that the City check to see if equipment could be borrowed from another City for the event. The City Commission generally expressed their support of the event. 5.3 Sophie Steele, Turn Around Dania Beach, presented the "Extra Mile" award to Mayor Pat Flury and Chief Robert Anton, Detective Pato and Deputy Alvin Pollack from BSO for their commitment to fighting crime in the City. 5.4 Laurence Leeds, Growth Management Director, informed the City Commission that the Department of Forestry presented the City of Dania Beach with the Tree City USA designation. Mr. Leeds commended Bud Palm and Leo Williams from the Public Works Department for their landscaping activities throughout the City and extended a special appreciation to Lou Ann Cunningham, Planning Technician, for her continued involvement in the Tree City USA program. PROCLAMATIONS: None. ITEM 7.8 WAS PULLED FROM THE CONSENT AGENDA BY COMMISSIONER MIKES. 7. CONSENT AGENDA (including expenditures): Bills: 7.1 Approval of bills for the month of April, 2001. Minutes: 7.2 Approval of Minutes for Regular Meeting, May 8, 2001. 7.3 Approval of Minutes for Special Meeting, April 9, 2001. 7.4 Approval of Minutes for Regular Meeting, September 28, 1999. Resolutions: 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SUMMER FOOD SERVICE AT FROST PARK, C.W. THOMAS PARK AND P.J. MELT PARK FROM JUNE 18 THROUGH AUGUST 10, 2001, FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 2 MAY 22, 2001 DANIA BEACH CITY COMMISSION 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS GENERAL FUND 0 BUDGET FOR FISCAL YEAR 2001, FROM $20,732,790 TO $20,306,272 BY REDUCING THE APPROPRIATION FOR PRIOR YEAR'S SURPLUS AND REDUCING THE APPROPRIATION FOR CERTAIN OPERATING ACCOUNTS, PROVIDING FOR CERTAIN TRANSFERS, AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney: 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH 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 IROC (INDUSTRIAL RESEARCH OFFICE COMMERCIAL) TO THE CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance under Item 7.7 for first reading. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the Consent Agenda with the exception of Item 7.8. The motion passed on the following 5/0 roll call vote: . Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM PULLED FROM THE CONSENT AGENDA: 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; AMENDING SECTIONS 2-81, 2-82, 2-83, 2- 85 AND 2-87, AND ADDING SECTIONS 2-84 AND 2-86 TO THE CITY OF DANIA BEACH CODE OF ORDINANCES TO CONFORM WITH FLORIDA STATUTES CHAPTER 162; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance for first reading. Commissioner Mikes mentioned that the City would be increasing in size with the addition of properties from the newly annexed area coming into the City September 15, 2001. He suggested that the City consider extending the Code Enforcement Board to include representation from residents from the newly annexed area based on concern from the residents on the way Code Enforcement would be enforced for the area. He recommended that MINUTES 3 MAY 22, 2001 DANIA BEACH CITY COMMISSION a workshop meeting be scheduled with the residents prior to adopting the Ordinance as a way • of bringing the residents into the Code Enforcement process. City Attorney Ansbro advised that under State Statute 162 cities are authorized to create Code Enforcement Boards, which can only include 7 members. Unless someone resigns from the board there would not be any openings on the board when the newly annexed area is officially brought into the City September 15, 2001. Mayor Flury was of the opinion that the City was going to extend a six-month grace period for the residents in regards to Code Enforcement and hold workshops to educate residents on the City's requirements. Acting City Manager Nunemaker agreed with the Mayor's comments. He clarified that the Ordinance would allow the City to foreclose on some nuisance properties and help clear up some nuisance problems so that the City could work with Habitat for Humanity on building homes in the City. Commissioner Mikes advised that the Ordinance makes some significant changes to Code Enforcement and that the residents from the newly annexed area will not have an opportunity to work with the community if the Ordinance is adopted before the educational workshops are scheduled. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing first reading of the Ordinance until a workshop meeting is scheduled with residents from the newly annexed area. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-no ITEM 9.9 WAS HEARD AFTER ITEM 7.8. 8. BIDS AND REQUESTS FOR PROPOSALS: ITEM 8.1 WAS HEARD AFTER ITEM 11.2. 8.1 Recommendation by staff on awarding bid for janitorial services for City Administrative Center. RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE BID PROPOSAL SUBMITTED BY MAGIC CLEAN LLC AND AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH MAGIC CLEAN LLC FOR THE PROVISION OF JANITORIAL SERVICES FOR THE CITY FACILITY KNOWN AS THE ADMINISTRATIVE CENTER (EXCLUSIVE OF THOSE SPACES OCCUPIED BY THE BROWARD SHERIFF'S OFFICE); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution awarding the bid to Magic Clean LLC. MINUTES 4 MAY 22, 2001 DANIA BEACH CITY COMMISSION . The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 8.2 Recommendation by staff on awarding Request of Proposal for Risk Management Consultant. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A RISK MANAGEMENT CONSULTING AGREEMENT WITH E. W. SIVER AND ASSOCIATES DBA/SIVER INSURANCE CONSULTANTS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING AN EFFECTIVE DATE. Commissioner Bertino asked whether an amount was going to be provided in the agreement. Acting City Manager Nunemaker explained that there are some issues to be resolved with E.W. Siver&Associates and that he would report back with an estimated annual amount to expect for the consulting services. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution awarding the Request for Proposal to W. Siver and Associates. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9. PUBLIC HEARINGS: 9.1 A) 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. (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 McElyea, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes MINUTES 5 MAY 22, 2001 DANIA BEACH CITY COMMISSION B) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING RESOLUTION NO. ® 28-85, SECTION 4.1, WHICH SECTION IS ENTITLED "REGULAR MEETING" TO COMMENCE REGULAR COMMISSION MEETINGS AT 7:00 P.M. AND SECTION 6.1, WHICH SECTION IS ENTITLED "ORDER OF BUSINESS" TO REVISE THE GENERAL RULE AS TO THE ORDER OF BUSINESS IN REGULAR MEETINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 McElyea, seconded by Commissioner Bertino, adopting the Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes Mayor Flury announced that the 7:00 p.m. meeting time would begin June 12, 2001. (CONTINUED FROM MAY 8, 2001 REGULAR MEETING) 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. Laurence Leeds, Growth Management Director, explained that the transportation element was continued from the last meeting to allow staff the time to confer with Attorney Brenda Chalifour about the objectives and policies between the Fort Lauderdale-Hollywood International Airport and the City of Dania Beach. Mr. Leeds advised that the new policy language could be found under Policy #6.1 through 6.11. Staff recommended approval of the Resolution for transmission to the Department of Community Affairs. 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 Mikes, seconded by Commissioner Bertino, amending Policy #6.11 by ending the sentence at "property" and striking "by public notice and through representation of the Dania Beach Advisory Board". The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes • Mayor Flury-yes MINUTES 6 MAY 22, 2001 DANIA BEACH CITY COMMISSION Commissioner Mikes commended staff for a fine job on the transportation element and made a • motion, seconded by Commissioner Bertino, to adopt the Resolution as amended. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 9.4 WAS HEARD AFTER ITEM 9.2. ITEM 9.3 WAS HEARD AFTER ITEM 9.9. (Continued from April 24, 2001 Regular Meeting) 9.3 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 VIII, 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. (SECOND READING) Laurence Leeds, Growth Management Director, advised that this is the second reading of the Ordinance, which will allow stealth antennas in the R-3A zoning district and adds a number of new requirements regulating stealth antennas approved in multi-family areas not currently in the Code. Mr. Leeds mentioned that the Planning & Zoning Board recommended denial and that the City Commission approved the Ordinance on first reading April 24, 2001. Mayor Flury opened the public hearing. Ralph Viviano, President of Meadowbrook Condominium Phase IV, read a letter from Meadowbrook Condominium Phase IV in favor of the antenna as a revenue source to cover maintenance costs of the condominium and stating that the antenna is no more of a safety concern than televisions or microwave ovens. Al Marsh, Meadowbrook Condominium, urged the City Commission to approve the antenna request as a way to supplement the maintenance costs of the Meadowbrook buildings. Bernard Gagnon, 111 SE 3 Avenue, supported the antenna request and pointed out that the matter pertains to residents at Meadowbrook Condominium and not residents in the surrounding residential community. Arthur Leon, 131 SE 3 Avenue, requested approval of the antenna and pointed out that the high • cost of maintenance on the condominiums creates a burden on residents who are on fixed incomes. MINUTES 7 MAY 22, 2001 DANIA BEACH CITY COMMISSION • Phyllis Weiner, 141 SE 4 Avenue, spoke in opposition of the antenna. She mentioned that there are internal problems with the condominium board as a meeting has not been scheduled with the unit owners to approve the antenna request and that a vote of 75% of the members must be accomplished before the antenna can be approved for the condominium. Ralph Viviano clarified that the Text Change Ordinance that is being voted on tonight must be passed by the City Commission before a Condominium Board meeting could be scheduled with the members. Chickee Brandimarte, Meadowbrook Condominium, reminded the City Commission that a petition signed by 500 residents living at Meadowbrook and residents from the surrounding single-family community opposing the antenna installation was submitted some time ago. The Telecommunications Act of 1996 does not require the City to change its zoning laws to accommodate telecommunication installations. She mentioned that there are many other alternative locations for the installations of the stealth antennas throughout the City. Vince Labriola, 441 SE 3 Street, opposed the antenna installation based on his 25 years of electronic experience. He presented comments from an article about the Vatican Radio being made to move one of its main transmitters because of the high rate of Leukemia at the Vatican. He also presented Internet information stating that the FCC (Federal Communications Commission) does not routinely measure RF radiation fields associated with antenna installations and how limited studies have indicated that exposure may be exceeded with some rooftop antenna installations. • Commissioner Bertino mentioned that the Federal government does not allow municipalities to consider the safety factors in denying the antenna requests as the telecommunications industry have a strong lobbyists backing. He pointed out that the amount of revenue expected from each unit at Meadowbrook is $62.00 for the entire year and that the amount is not sufficient compared to the safety concerns. He recommended that all residential areas be excluded from the antenna use based on the fact that the City provides other industrial and business zones for the antenna installations. Commissioner Mikes clarified that the issue tonight is a text change, which includes additional restrictions like minimum distance and building heights to protect the residents. He pointed out that Stealth antennas are low powered and are directional units. The FCC places additional restrictions on the power output when they are located on residential structures, which restrictions exceed the requirements for commercial structures. He explained to the public that safety information would be provided by experts at the time the telecommunication company presents its Special Exception request. In addition, other condominium buildings in the City already approve the antennas. The City is legally obligated to allow some type of antenna structures to be installed and other cities have approved towers in residential communities and permits for the installations. The City of Dania Beach will require every application to obtain Special Exception approval, which involves a rigorous approval process where engineers and experts will be required to testify that the antenna installations are not harmful. Commissioner Mikes agreed that hand held cell phones used close to the brain over a long period of time probably pose a health concern but that the stealth antennas are low powered units. Commissioner Bertino confirmed with Attorney Ansbro that if a petitioner meets the Special . Exception criteria it would then be incumbent upon the City to show that the company does not meet the criteria in order to deny the approval. Commissioner Bertino expressed concern for the MINUTES 8 MAY 22, 2001 DANIA BEACH CITY COMMISSION over use of cell phones with young people and recommended removing all use of antennas . from residential areas. Mayor Flury advised that there is no official organization anywhere in the world that has indicated that the antenna use is hazardous and mentioned that she worked for 43 years in a building with 47 antennas without any health problems. Mayor Flury pointed out that these stealth antennas have been approved for hotels, which include many people who spend significant time working in the buildings, and that the City cannot discriminate on the use of safety standards with different groups of people. Commissioner Mikes clarified with City Attorney Ansbro that Special Exception requests are the most difficult and comprehensive zoning type approvals for petitioners to obtain from the City Commission and that the City just won the FPL litigation based on a Special Exception use that was denied by the City for a substation. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, directing City Attorney Ansbro to write an ordinance removing all stealth antennas from residential districts. The motion failed on the following 2/3 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-no Mayor Flury-no • A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, amending Page 2, 3 H with the following wording "One antenna with six arrays of whom the combined electro magnetic emissions shall not exceed that of a single array antenna....." A substitute motion was presented by Commissioner Mikes amending Page 2, 3H with the following wording "One antenna array consisting of up to eight antennas from one provider shall be allowed .." Commissioner Bertino would not accept the amendment language. The motion by Commissioner Bertino failed on the following 2/3 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-no Mayor Flury-no A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, approving the Ordinance as presented. The following substitute motion replaced this motion. A substitute motion by Commissioner Bertino was presented and seconded by Commissioner McElyea to amend the main motion by amending Page 2, 3H (1) to 1,000 feet instead of 500 feet. The substitute motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-no Mayor Flury-yes MINUTES 9 MAY 22, 2001 DANIA BEACH CITY COMMISSION • A substitute motion was presented by Commissioner Bertino to amend Page 3, #4, first word "Nonstealth" changed to "Stealth". Commissioner McElyea seconded the motion. The substitute motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes In regards to the motion approving the 1,000 foot amendment, Mayor Flury clarified with Mr. Leeds that Meadowbrook Phase IV is less than 1,000 feet from single family residential use. Upon this determination, Mayor Flury passed the gavel to Vice-Mayor Chunn to make a motion to reconsider the motion approving the 1,000 foot distance. The motion was seconded by Commissioner Mikes. The motion to reconsider passed on the following 3/2 roll call vote: Commissioner Bertino-no Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, approving the re-insertion of 500 feet on Page 2, 3H (1). . The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Ordinance on second reading as amended on Page 3, #4, first word "Nonstealth" changed to "Stealth" and Page 2, 3H (1) with 500 feet. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 11.1 WAS HEARD AFTER ITEM 9.3. ITEM 9.4 WAS HEARD AFTER ITEM 9.2. (Continued from May 8, 2001 Regular Meeting) 9.4 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 is (Industrial-Research-Office). MINUTES 10 MAY 22, 2001 DANIA BEACH CITY COMMISSION • 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. City Attorney Ansbro read the title of the ordinance. Laurence Leeds, Growth Management Director, advised that FPL had requested a continuance of all three items to June 12, 2001. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, continuing RZ-57-00, SE-58-00 and SP-10-01 to the June 12, 2001, regular meeting. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes MINUTES 11 MAY 22, 2001 DANIA BEACH CITY COMMISSION (Continued from May 8, 2001 Regular Meeting) 9.5 SP-11-01 —Site plan request by Robert B. Lochrie, III, representing Park IN 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 IN 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. Attorney Robert Lochrie, representing Park `N Fly, Inc., advised that the request was for a parking facility along with a transportation and service facility located at Taylor Road and NE 7'h Avenue. He explained that 13 other Park IN Fly facilities are located throughout the country and that buses pick up the customers and return them to their cars. The subject site is 12 acres and encompasses two zoning districts as the northern portion is within the old County M-3 zoning district and the southern portion is within the PEDD zoning district. Attorney Lochrie advised that the City Commission would not normally review site plans for the M-3 zoning district, however, at the time the use was approved Park IN Fly agreed to go through the site plan process. Mr. Lochrie reviewed the site plan rendering and explained the landscaping improvements with the City Commission. On behalf of his client, Attorney Lochrie agreed to enter into an agreement to pay the City $9.00 • per parking space, which would increase Occupational License fees over $11,000.00 in exchange for a waiver of the M-3 landscaping requirements. Mr. Lochrie was agreeable to including a covenant running with the land that would release the City of any future legal action on the Occupational License fees. He explained that current ad valorem taxes for the site are $63,849 a year and that Dania Beach receives roughly $12,866.00. Laurence Leeds, Growth Management Director, agreed to support the proposal subject to the two conditions provided in his staff memo. He clarified for the City Commission that they are not obligated to approve the request because it does not meet Landscape Code requirements. Commissioner Mikes recommended that the City stand firm on the original approval that required the petitioner to comply with more intensive landscaping requirements under M-3 zoning. Attorney Lochrie expressed his desire to work with the City in resolving the landscaping concerns and to bring back a revised Site Plan. 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 Mikes, seconded by Commissioner Bertino, continuing the Site Plan request to the July 10, 2001, regular meeting. MINUTES 12 MAY 22, 2001 DANIA BEACH CITY COMMISSION 0 The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING THE ADOPTION OF ZONING REGULATIONS PRESCRIBING THE IMPOSITION OF A SINGLE FAMILY RESIDENTIAL ZONING CLASSIFICATION UPON CERTAIN LANDS CURRENTLY ZONED AS "R-D 6000", TO BE RE-ZONED TO "R-S 6000", TO PROMOTE PRESERVATION AND REDEVELOPMENT OF SUCH LANDS AS SINGLE-FAMILY OWNER-OCCUPIED RESIDENTIAL AREAS, SUCH LANDS BEING IDENTIFIED IN EXHIBIT "A", ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the massive Zoning in Progress would involve some 1500 lots and 300 acres of property. In addition, extensive staff time and costs would be involved and he suggested that the four-month completion time be extended to six months. Although, Mr. Leeds agreed with the intent of encouraging single-family home ownership, he pointed out that a mass rezoning of duplex properties would make all of the properties non-conforming. In the event that the buildings were demolished or destroyed due to calamity, such as fire or hurricane, such that 75% of the floor area was not usable, the property owner could not rebuild a duplex and would only be permitted to build a single family home. Mr. Leeds expressed concern that there could be difficulty with the mass rezoning as there would be very little to negotiate with property owners who may object to the change. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Bertino agreed that there could be some problems, however, the rezoning would be beneficial to the City in the long run. Commissioner Mikes recommended going forward with the rezoning as a way to gain control over the negative impact from rentals in neighborhoods so that a stronger community attitude towards single-family home ownership could be encouraged. He also added that crime would be reduced in neighborhoods with home ownership. Mr. Leeds explained that he did discuss some options with Commissioner Mikes that might include alternatives separate from rezoning. He confirmed with City Attorney Ansbro that the City could proceed with the Zoning in Progress even if the duplex zoning is not changed and that current applications for duplex projects would be exempt from the Zoning in Progress. City Attorney Ansbro clarified that the R-2 category should be included to the extent of property east of 1-95. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, amending the Resolution to include R-2 zoned properties east of 1-95 and RD-6000 zoning districts with a six months completion and adopting the resolution as amended. is The motion passed on the following 5/0 roll call vote: MINUTES 13 MAY 22, 2001 DANIA BEACH CITY COMMISSION • Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.7 SP-29-01 —Site plan request by City of Dania Beach and Tony Stallworth, representing Broward Community College, for the proposed construction of the "Tigertail Water Sports Center" for property located at Gulfstream Road and Anglers Avenue (Tigertail Park). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY TONY STALLWORTH, REPRESENTING BROWARD COMMUNITY COLLEGE, FOR PROPERTY LOCATED ON THE EAST SIDE OF THE CSX RAIL CORRIDOR, DIRECTLY SOUTH OF THE TRI-RAIL STATION PARKING LOT, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro corrected the resolution to show that the property is located on the west side of the CSX Rail Corridor and not the east side as referenced in the resolution and backup. Tony Stallworth, representing BCC, was present to respond to questions from the City Commission and to request approval of the Site Plan so that construction could begin. He expected completion of the project and opening by January 2002. Commissioner Bertino clarified that fishing would be available to the public and that the surrounding landscaping theme would be continued for the BCC project. • 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 Vice-Mayor Chunn, adopting the Resolution subject to the petitioner addressing all landscaping issues stated by the City's Landscape Consultant. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room. Commissioner Bertino-yes Commissioner McElyea-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.8 SP-63-00 — Site plan request by Jorge H. Garcia, representing the Humane Society of Broward County, for property located at 2070 Griffin Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JORGE H. GARCIA REPRESENTING THE HUMANE SOCIETY OF BROWARD COUNTY FOR PROPERTY LOCATED AT 2070 GRIFFIN RD., DANIA BEACH FL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained the Site Plan and recommended that the approval be subject to the three (3) conditions provided in his staff report. Andrew Morodus, representing the Humane Society of Broward County, agreed to all conditions as presented by Mr. Leeds and expressed a desire to move forward with the project. i MINUTES 14 MAY 22, 2001 DANIA BEACH CITY COMMISSION Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor • Flury closed the public hearing. Commissioner Bertino pointed out that the City reserved the right to install a sign on the parcel when the lease for the land was approved. Mr. Leeds requested that staff be given additional flexibility on making a decision for placement of the sign and possible addition of landscaping around the sign in the future. City Attorney Ansbro advised that the right to install the sign was provided in the lease. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution (SP-63-00) subject to the following being addressed prior to issuance of any building permits: (1) Easements shall be vacated. Waivers will suffice for easements located under parking and landscaping or as agreed to by the City Attorney; (2) Building colors compatible with the existing building (color rendering suggested); (3) Payment of any outstanding cost recovery fees with the understanding that Laurence Leeds be given flexibility to install a sign and landscaping in the future. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes Commissioner Bertino clarified with the Humane Society that they were operating an animal crematorium incinerator on the site. Commissioner Mikes advised that a condition was provided on a prior approval that the incinerator would not include medical waste. ITEM 10 WAS HEARD AFTER ITEM 9.8. ITEM 9.9 WAS HEARD AFTER ITEM 7.8. 9.9 EA-07-01- Request for an extended hours license by the Lauderdale Copa Nightclub, located at 2800 South Federal Highway, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION OF THE LAUDERDALE COPA NIGHT CLUB LOCATED AT 2800 SOUTH FEDERAL HWY., DANIA BEACH; FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant has requested an Extended Hours License to operate until 4:00 a.m. seven days a week and 5:00 a.m. on New Years Day, instead of the current 3:00 a.m. Extended Hours Licenses are renewed automatically each year in September unless the renewal is withdrawn by the City Manager. The Planning & Zoning Advisory Board recommended approval and comments from BSO are provided in the backup. Attorney James Brady, representing Copa Nightclub, advised that the establishment has been operating under different names for numerous years and that the extended hours to 4:00 a.m. and 5:00 a.m. on New Years Day is warranted for the lounge use. MINUTES 15 MAY 22, 2001 DANIA BEACH CITY COMMISSION Commissioner Bertino advised that the 4:00 a.m. Extended License has been issued to several • other businesses in the City and pointed out that the license is a privilege and could be revoked at any time by the City. Mr. Leeds mentioned that the City has issued the Extended License to several existing businesses on Federal Highway and Dania Beach Boulevard. The license application fee is $200.00 and an additional $1,250.00 is required in order to obtain the license after approval by the City Commission. 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 McElyea, seconded by Commissioner Bertino, adopting the Resolution approving EA-07-01. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 9.3 WAS HEARD AFTER ITEM 9.9. ITEM 10 WAS HEARD AFTER ITEM 9.8. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino requested a picnic table for the Kiddie area at Frost Park and . mentioned the need to create an Arbor Board. 10.2 Commissioner McElyea mentioned that tree cuttings are being left in alleys and that street lighting needs repair in the downtown area. 10.3 Commissioner Mikes mentioned that he had received several calls on tree trimming and that the City seems to be losing canopy coverage and there does not appear to be anything done to replant trees. Laurence Leeds, Growth Management Director, reported that Townhouse East hired a tree contractor who hat racked trees in both 1999 and 2000. The Townhouse East board agreed to install new trees over a two-year period, however, the board decided that the cost was cheaper if they completed the project in a shortened time period. Mr. Leeds indicated that Townhouse East has been advised of the City's Tree Ordinance requirements. Commissioner Mikes mentioned the boating danger that exists with the single file US 1 bridge and that trees from the FPL parcel site are encroaching into the navigable waters. He suggested that the City request that FPL do some rip rapping and landscape maintenance along the bridge so that the area would be safer for boats to pull along side. 10.4 Vice-Mayor Chunn encouraged citizens to get involved with making the City better. 10.5 Mayor Flury was impressed with the Mural at Dania Beach Elementary titled "Voices of the Millennium" and advised that the art work was the creation of the 5"' grade class. WEM 11.3 WAS HEARD AFTER ITEM 10. MINUTES 16 MAY 22, 2001 DANIA BEACH CITY COMMISSION 01. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 9.3. 11.1 Request for Abatement of Code Enforcement Lien CEB98-0185 by Stanley Warren and Fred A. Zorovic, and D.K. Harris Est., owners, for property located at 1920 Stirling Road, Dania Beach. Laurence Leeds, Growth Management Director, explained that the fine was $45,800.00 and that the Code Enforcement Board has recommended an abatement of$35,000.00. Mr. Leeds explained that the City Commission should only discuss the abatement amount as the Code Enforcement Board has determined that proper notice was provided. He also requested that the fine be paid within 30 days should the City Commission approve the abatement request. Anthony Lapore, representing the property owners, explained that the Code violations were the responsibility of the tenants and that the tenants are requesting a continuance in order to provide time for Attorney Waland, representing the tenants, to be present. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing the abatement request to June 26, 2001, regular meeting. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes Attorney Michael Scott advised that he would be conducting a workshop, on behalf of the League of Cities, tomorrow at the Governmental Center in Room 430 between the hours of 2:00 p.m. and 4:00 p.m. on telecommunication tower siting issues. The City Commission was encouraged to attend. 11.2 Request for Abatement of Code Enforcement Lien CEB00-0585 by Warren C. and Marian Davis for property located at 226 SW 16th Street, Dania Beach. Laurence Leeds, Growth Management Director, advised that the fine was $3,600.00 and that the nature of the violation relates to fencing and trash in the yard. The Code Enforcement Board recommended a compassionate reduction in the fine to $200.00 based on the person passing away prior to the proceedings and the lien being placed against the estate. The daughter of Warren and Marian Davis came forward to clarify that her father did not understand the Code Officer the day that he cited the property and that her mother did not know that a lien was placed against the house. She mentioned that her mother cleared up the Code violations and passed away the day after the citation. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, approving the abatement of$200.00 as recommended by the Code Enforcement Board. MINUTES 17 MAY 22, 2001 DANIA BEACH CITY COMMISSION The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 8.1 WAS HEARD AFTER ITEM 11.2. ITEM 11.3 WAS HEARD AFTER ITEM 10. 11.3 Discussion of using LETF funds for architectural services at 803 NW 1st Street property. (Acting City Manager) Acting City Manager Nunemaker advised that a request for the Drug Dog program had been submitted to BSO for the use of LETF (Law Enforcement Trust Funds) and that he needs roughly an additional $25,000.00 from the LETF to use for architectural services at 803 NW 1st Street. Mr. Nunemaker advised that the balance in the LETF was roughly $110,000.00. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, authorizing Acting City Manager Nunemaker to use the LETF funds as requested. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 11.4 Discussion of City maintenance and landscaping of medians and right-of-ways. (Commissioner Mikes) Commissioner Mikes expressed concern that there may be a lack of properly trained staff with regards to landscaping in the City's medians and proper use of chemicals that can do serious damage to plants. In addition, some replantings are not receiving proper maintenance, which is costly. Acting City Manager Nunemaker agreed to work with Bud Palm, Utilities/Public Works Director, on addressing the landscaping problems. Commissioner Bertino asked staff to check with FDOT on adding some additional landscaping to the concrete slab area at the 1-95 ramp going north at Stirling Road based on the fact that the FDOT landscaping is very nice on the Hollywood side. 11.5 Discussion of Code Enforcement in newly annexed area. (Commissioner Mikes) Commissioner Mikes mentioned that staff has been asked to schedule a workshop meeting with the residents of the newly annexed area. Acting City Manager Nunemaker clarified with the City Commission that the Workshop meeting could be scheduled at his discretion and not necessarily before the next regular meeting of June 12th. 11.6 Discussion of required tree removals in the City due to Citrus Canker infection. (Commissioner Mikes) MINUTES 18 MAY 22, 2001 DANIA BEACH CITY COMMISSION • Commissioner Mikes pointed out that the City would be losing a significant amount of citrus trees based on the map that is provided by the representative from the Department of Agriculture. The public was encouraged to view the map with the representative during normal working hours at City Hall. 12. APPOINTMENTS: (See Item 12.6) 12.1 Appointment of 3 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." 12.2 Appointment of 1 member to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A member to the BUDGET ADVISORY board; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 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." 12.4 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." 12.5 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." 12.6 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." MINUTES 19 MAY 22, 2001 DANIA BEACH CITY COMMISSION Mayor Flury appointed Clive Taylor to the Marine Advisory Board. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting a Resolution approving the appointment of Clive Taylor to the Marine Advisory Baord. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 12.7 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF one (1) Alternate to the NUISANCE ABATEMENT board; PROVIDING THAT SAID MEMBER SHALL COMPLETE a TWO-YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 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." 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." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager- Acting City Manager Nunemaker presented a summary report dated May 18, 2001, called a "Visioning Forums for Newly Annexed Neighborhoods" presented by the FAU/FIU Joint Center. He advised that the report is a way for the City Commission and staff to interface with the residents, assess the current quality of life, identify problems, and determine what the residents are expecting from the City. He mentioned that residents from the area have expressed concern with drainage and traffic matters, which should be addressed before the September 15`h date. Commissioner Mikes recommended addressing all these issues at the Workshop Meeting. May 24, 2001, 7:00 p.m. —Workshop on Growth Management issues. Acting City Manager Nunemaker advised that a Workshop Meeting would be scheduled with • George Hanberry, ICMA, to discuss the criteria and various items for selecting a city manager. MINUTES 20 MAY 22, 2001 DANIA BEACH CITY COMMISSION Acting City Manager Nunemaker was pleased with the results of the Millennium Voices grant that only involved a $20,000.00 match from the City. Laurence Leeds, Growth Management Director, advised that Winn Dixie had applied for a building permit for facade renovations consisting primarily of a larger building elevation above the store. Staff had asked that they make improvements to the parking lot and landscaping areas and Winn Dixie does not desire to pursue the improvements at this time. He clarified that the City Commission would not see the elevations as they do not require Site Plan review and that copies can be provided upon request. He advised that Publix had picked up their paving and grading permit for the new shopping center and they will be removing the exotic vegetation in the back of the property that will most likely be a shock in the appearance of the area. He clarified that the Meadowbrook Condominium agreed with the removal of the existing vegetation and opted for new vegetation at the time the Publix site plan was approved. In addition, Meadowbrook has advised the City that they have a funding problem and cannot continue with the removal of the Australian Pines along SE 3rd Street. Mr. Leeds explained the items that will be discussed at the May 24th Workshop Meeting and mentioned that Main Street representatives are expected to attend. Mr. Leeds agreed to review the Code to determine if the Tree Preservation requirements could be amended to deal with the phasing-in of replacement trees for large scale projects. Acting City Manager Nunemaker reported that departmental budget requests are due from staff this Friday and that he would be reviewing those requests with Dave Keller, Finance Director. On June 1st, the preliminary assessed valuations are due from Broward County for the newly annexed area and a proposed initial release of the budget is anticipated for June 16tn 13.2 City Attorney Ansbro requested an Attorney/Client Session on the JJ Kelly litigation at 6:30 on June 12tn Attorney Ansbro advised that correspondence was received from Doug Halsey, White & Case, P.A., regarding whether the City has any standing, at this point, to challenge the interim decisions being made by FAA in light of the draft EIS. The attorneys concluded, under review of case law, that any action by the City would be premature and dismissed. However, the City would have an opportunity in the future to comment once the final EIS is prepared. He explained that the FAA decision would be a "Final Agency Action" once the Record of Decision (ROD) is approved and that the FAA could order additional studies such as a supplemental environmental impact statement before the administrative process is complete. Attorney Ansbro mentioned that the EPA letter was very helpful to the City in this matter. Attorney Ansbro reported that he had spoken with Bart Vernace, FAA in Orlando, who advised him that under Section 5 of the Freedom of Information Act that FAA would not likely be providing the comments submitted from all parties on the draft EIS. However, a letter has been sent to the Atlanta FAA office making a formal request of information by Charlene Johnson, Acting City Clerk. Commissioner Mikes suggested contacting a Federal Elected official that might be able to assist in the matter. MINUTES 21 MAY 22, 2001 DANIA BEACH CITY COMMISSION 14. ADJOURNMENT This meeting adjourned at 11:00 p.m. PATRICIA FLURY - MAYOR-COMMISSIONER CHARLENEJOHNS ACTING CITY CLER APPROVED: June 12, 2001 MINUTES 22 MAY 22, 2001 DANIA BEACH CITY COMMISSION