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1734 - MINUTES - City Commission
a r� MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 12, 2001 7:00 P.M. 1. CALL TO ORDER: Mayor Flury opened the meeting at 7:00 p.m. and advised the public that an Attorney/Client session had been held at 6:30 p.m. for the JJ Kelly litigation. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Margaret Smart, Chaplain—VITAS Healthcare & Hospice 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: 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 7:00 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 4.1 Loretta Ritter, 214 SE Park Street, expressed opposition to the ordinance regulating animal care and control under Item #7.8 on the Consent Agenda. Ms. Ritter urged the City Commission to consider adopting an ordinance regulating the breeding of dogs instead of restricting the number of dogs that could be placed in loving households. 4.2 Richard Zwelsky, 312 NE 2 Court, opposed the animal control ordinance and agreed that irresponsible breeding and animal cruelty should be the focus. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 1 JUNE 1 Z 2001 4.3 Heather Lishan, on behalf of the Animal Rights Foundation, urged the City Commission to consider other alternatives to reduce animal cruelty instead of adopting the ordinance reducing the number of dogs and stated her desire to work with the City on addressing the over population of cats and dogs in the community. 4.4 Jay Field supported the ordinance because of the many people who own numerous dogs that do not properly care for them or clean up after them, which in turn creates a hardship on the neighborhood. He mentioned that those persons desire to own several animals should live in the country, as there is a need to restrict the number of dogs in urban areas. 4.5 Paula Winters, 545 SE 12 Street, opposed adoption of the ordinance and encouraged the City to adhere to anti-cruelty laws already in place. 4.6 Reverend Tannie Lewis, 302 NW 8 Avenue, mentioned the odor and danger problems created from dogs that are running free and pointed out that the City has far more breeding and fighting problems going on with pit bulls in the City than ever before. 4.7 Beulah Lair suggested that Code Enforcement Officers be granted the authority to issue tickets to people who are not cleaning up or controlling their dogs. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 BSO Deputies of the Month: May -- *Deputy Robert Boris *Deputy Eric Hawkins April -- *Deputy Christopher Geary • Lieutenant Dave Rahinsky provided an overview of events relating to the arrest of a car-jacking suspect involving the professional assistance of Deputy Robert Boris and Deputy Eric Hawkins. The deputies were presented with "Deputy of the Month" awards for May 2001. 5.1 a) At this time, Mayor Flury presented Rose Lizana with a "Certificate of Recognition" for being awarded the "Small Business Person of the Year for 2001" by the Greater Dania Beach Chamber of Commerce and Broward County Council of Chambers. 5.2 Fire/Rescue Department Presentation. Ken Land, Fire Chief, commended the following Fire Rescue Department personnel for their professional actions that saved the lives of three automobile accident victims on May 19, 2001, at Bryan & Griffin Roads: Lieutenant John Lexa, Acting Lieutenant Sean Brown, Engineer Operator Loyd Holden, Engineer Operator Jose Rodriguez, Paramedic II Gonzalo Garcia, Firefighter EMT Steve Adams, Firefighter/Paramedic James Ried, Firefighter/Paramedic Robert Parra, Firefighter/Paramedic Christopher Clarke, Firefighter/Paramedic Mikal Brunnemer. Chief Land announced that Lt. Tubridy won the gold medal in mountain biking at the International Firefighter Olympics in Indiana. MINUTES-REGULAR MEETING CITY OF DANIA BEACH 2 JUNE 12, 2001 5.3 Jay Kodner-- Presentation of Draft Store Renovation Plan. Laurence Leeds, Growth Management Director, explained that Mr. Kodner has provided a sketch of the improvements to his building and requested that the City Commission present their input on the drawing so that Mr. Kodner can proceed with construction drawings. Mr. Leeds advised that the building elevations need clarification in regards to whether paint has to be removed from the windows and the encroachment of the right of way needs to be addressed. Mr. Sivers,,Architect for Mr., Kodner, advised that the windows are going to be replaced and that the project will be kept within the property lines. Mr. Siver expected to remove canopies from the side of the building and canopies with frames over the windows. He mentioned that a canopy might be used for the side entrance coming from the parking lot. He confirmed that glass would be installed in two bays on the south side and two bays on the front of the building and that the existing windows would be removed and replaced with new ones. Mr. Leeds clarified that the third arch from the south would be the only panel without glass. Mr. Sivers advised of his intention to soften up the building and provide a more open show appearance. Mr. Leeds advised that the Sign Adjustment was approved subject to the condition that Mr. Kodner bring back the elevation drawings presented tonight. He confirmed with City Attorney Ansbro that no further advertising is necessary for the petitioner to continue with the improvements. Mr. Siver expected the improvements to be completed by the end of the year. 5.4 Presentation of Human Relations Board items. (Bob Adams, Chairperson) • Mr. Adams presented the City Information Booklet and explained that graphics would be added. Mayor Flury,suggested that changes be provided-to Sheryl Chapman, Administrative Services Director. Mr. Adams reported that the Human Relations Board voted to request that the City Commission include the duties of the Cemetery Advisory Board to the current duties of the Human Relations Board. City Attorney Ansbro thought that the duties could be added since the board conducts business in an advisory capacity. Mr. Adams suggested rate increases at the cemetery and the inclusion of a marble or glass columbarium at the Dania Cemetery. He presented the following cost projections: 0 210 double niches holding 420 urns (depending-upon location - range $660 to $800 for a double niche with an in between price of $726.70). The City could expect an estimated $152,922 in revenue with an additional $10,000.00 for markers for the niches. 0 Columbarium estimated cost of$103,950. With a comparison of the rate information, Mr. Adams estimated revenue of $60,000. He clarified that recommended rates for non- residents would be $1,000, $1,100 and $1,210 for double niches, which would bring in over $100,000 in revenues. Mr. Adams advised that the Human Relations Board recommended using Perpetual Care Funds to construct the columbarium and that further legal research was needed on the matter. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 3 JUNE 12, 2001 Mr. Adams advised that the Human Relations Board also recommended the formation of a Centennial Advisory Board and that the Broward County Historical Society be contacted to request that the City host Pioneer Days in 2004. Commissioner Bertino advised that some time ago he had asked Bud Palm, Utilities/Public Works Director, to review the costs associated with a columbarium as well as the addition of mausoleums to address the cemetery needs because of the population growth. Mr. Adams advised that Mr. Palm did provide the cost information to the board. Commissioner Bertino mentioned that after legal review it was determined that there was no prohibition from borrowing Perpetual Care funds for the columbarium and mausoleum projects as long as the money was paid back from proceeds from the sales of the niches and urns. Mr. Adams also suggested using cremorials in the smaller areas of the cemetery. Commissioner McElyea stressed the need to research the location of plots at the cemetery to address past discrepancies and agreed to work with Mr. Adams and the Human Relations Board on the project. The City Commission generally agreed that Mr. Adams should provide the cost information to Acting City Manager Nunemaker for further review during the budget process. 5.5 Airport Advisory Board Presentation by Jay Fields. Jay Field presented a memo from the Airport Advisory Board with four recommendations: #1-City Attorney Ansbro was asked to research restrictions on Stage II and Stage III aircraft with previous City Attorney Ed Curtis to see if certain legal action could be pursued. #2-City Attorney Ansbro agreed to prepare the resolution relating to air quality analysis study being performed by the EPA for the Environmental Impact Study for the June 26th meeting. #3-Commissioner Mikes advised that the area at Griffin Road & 1-95 is a high tax base for the City and explained to Mr. Field that the variance for an increase in height for Storage Mart would have to stand on its own merit. #4-Acting City Manager Nunemaker was asked to send a letter regarding the driving habits of taxi drivers going to and from the airport. ITEM #11.7 WAS HEARD AFTER ITEM 5.5. 6. PROCLAMATIONS: ITEM #6.1 WAS HEARD AFTER ITEM 11.11. 6.1 A proclamation declaring June 26, 2001 "NATIONAL SHERIFF'S ASSOCIATION DAY" in the City of Dania Beach. Acting City Manager Nunemaker read the proclamation in its entirety. ITEM 11.5 WAS HEARD AFTER ITEM 6.1. MINUTES-REGULAR MEETING CITY OF DANIA BEACH 4 JUNE 1 Z 2001 ITEM #7 WAS HEARD AFTER ITEM 11.5. ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Item 7.7 and Mayor Flury pulled Item 7.8 from the Consent Agenda. 7. CONSENT AGENDA (including expenditures): Bills: None. Minutes: 7.1 Approval of Minutes for Regular Meeting, May 22, 2001. 7.2 Approval,of,Minutes for-Workshop Meeting; October 5, 1999. Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN STATEWIDE DISASTER MUTUAL AID AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING AN EFFECTIVE DATE. 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE A RESCUE VEHICLE FOR THE FIRE RESCUE DEPARTMENT IN THE AMOUNT OF $124,870.00 FROM AMERICAN LAFRANCE MEDICMASTER, UNDER THE • FLORIDA SHERIFFS ASSOCIATION BID NO. 00-08-0905, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; AUTHORIZING THE DIRECTOR OF FINANCE TO CONTACT FINANCIAL INSTITUTIONS TO SECURE A LOAN PROGRAM COVERING THE PURCHASE IN THE AMOUNT OF $124,870.00 FOR ONE RESCUE VEHICLE FOR THE FIRE RESCUE DEPARTMENT.; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE MODIFICATION TO LICENSE AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND THE CITY OF DANIA BEACH FOR THE CITY'S CONTINUED OPERATION AND MAINTENANCE OF WATER WELLS, PUMPS AND OTHER NECESSARY APPURTENANCES FOR FRESH WATER SUPPLY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID MODIFICATION TO LICENSE AGREEMENT IDENTIFIED AS RAVENSWOOD SUBSTATION #7/SE/81; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING THE PROVISIONS OF ARTICLE IX OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES ENTITLED "EMERGENCY ALARM SYSTEMS," IN THEIR ENTIRETY AND CREATING NEW PROVISIONS TO EFFECT A COMPREHENSIVE REVISION OF THE PROVISIONS SET FORTH IN SUCH ARTICLE IX AND CHAPTER OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES- REGULAR MEETING CITY OF DANIA BEACH 5 JUNE 12, 2001 City Attorney Ansbro read the title of Ordinance#7.9. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the Consent Agenda with the exception of Items 7.7 and 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 ITEMS PULLED FROM THE CONSENT AGENDA: 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT WITH ACCOUNTING AND TAX COMPLIANCE SERVICES, INC., FOR THE PROVISION OF REVENUE AUDIT SERVICES RELATED TO CERTAIN PAYERS OF FRANCHISE FEES AND/OR UTILITY SERVICE TAXES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes mentioned the need to review the City's franchise agreements as they may relate to the newly annexed area coming into the City September 15tn Dave Keller, Finance Director, explained that the City receives approximately $1 million from FPL each year and less than $200,000 from all of the other franchise fees. This year, the City has collected less than what was collected last year and last year the City collected; on a whole, less than what was collected the year before. Mr. Keller was concerned with the reduction in revenue from the fees and recommended moving forward with the resolution. In regards to the newly annexed area, he could,not think of anything that would preclude-the City from obtaining entitled fees, however, the City must get the information to each of the franchise payors to change their records so that payment is made to.the City instead of Broward County. 'Commissioner Mikes advised that the City must seek options for revenues and stated his desire to sponsor action to bid out the towing fees and to increase fees at the I.T. Parker Community Center. He stressed the need for center to be more -available for residents instead of non- residents. Acting City Manager Nunemaker advised that Randy Wilkinson, Recreation Director, is reviewing the fee policy on the community center. In addition, he-stated that the City would be entering into- a franchise agreement with AT&T and that this may provide the City an opportunity to negotiate the current franchise cable T.V. agreement expiring in eight years. A motion was made by Commissioner Mlkes, seconded by Vice-Mayor Chunn, 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 ' MINUTES- REGULAR MEETING CITY OF DANIA BEACH 6 JUNE 12, 2001 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF ANIMAL CONTROL; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING CHAPTERS 5 AND 17 TO ESTABLISH COMPREHENSIVE REGULATIONS FOR ANIMAL CARE AND CONTROL; PROHIBITING THE KEEPING OF ANIMALS WITHIN THE CITY OF DANIA BEACH EXCEPT AS PERMITTED BY SUCH REGULATIONS; PROHIBITING CRUELTY TO ANIMALS; PROHIBITING ANIMAL NOISE AND NUISANCES; REGULATING VICIOUS DOGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City °Attorney,�Ansbro clarified that the Ordinance is prospective so that anyone who currently owns more than three dogs would be able to retain their animals until they die before adhering to the minimum of three dogs per household. Mr. Leeds advised that the Ordinance would be administered through complaints that are filed and that the ordinance started out with allowing four dogs. Mayor Flury stated that the Ordinance was created to eliminate animal cruelty and to encourage owners to clean up after their animals. Discussion followed on the dangers of pit bulls to the community and the State law precluding the City from banning certain breeds of dogs in the City. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Ordinance on first reading. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 8. BIDS AND REQUESTS FOR PROPOSALS: None. 9, PUBLIC HEARINGS AND SITE PLANS: (Continued from 5/22/01 Regular Meeting) 9.1 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 • MINUTES- REGULAR MEETING CITY OF DANIA BEACH 7 JUNE 12, 2001 (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 (13)(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. Mayor Flury advised that FPL has requested another continuance of items 9.1 a, b and c. Mayor Flury opened the public hearing to anyone desiring to speak on the items. Hearing no comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, continuing RZ-57-00, SE-58-00, and SP-10-01 to the June 26'h 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 9.2 RZ-28-01 — Rezoning request by Bennett L. David, representing Dr. Robert C. Tesher, for property located at 1991 Stirling Road. 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 • MINUTES- REGULAR MEETING CITY OF DANIA BEACH 8 JUNE 12, 2001 OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) City Attorney Ansbro advised that the rest of the public hearing items are Quasi-judicial matters and anyone desiring to speak should be sworn in and, in accordance with the Jennings rule, the City Commission should disclose all communications as each item is heard. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Laurence Leeds, Growth Management Director, explained the types of commercial uses allowed in IROM, C-4 and C-3. Commissioner Bertino recommended that the zoning be changed to C-3 to allow retail use so that the owner would be provided a better opportunity to lease the property. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Ordinance on second reading with a change to C-3 zoning instead of C-4. 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 9.3 ZA-32-01 - Request for Zoning Appeal approval by Rodney B. Harrison, owner, Jimmie's Chocolates, for property located at 126 NE 1st Avenue, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY RODNEY B. HARRISON, OWNER, JIMMIES CHOCOLATES, FOR THE LOCATION AT 126 NE 1ST AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury advised of communications with Mr. Rodney Harrison. Laurence Leeds, Growth Management Director, explained the request and recommended that the three conditions outlined in his staff report be included should the item be approved. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Resolution approving ZA-32-01 with the following conditions: (1) Hours of operation limited to 8:00 a.m. to 5:00 p.m. Monday through Friday; (2) Parking limited to existing paved area adjacent to NE 1 st Avenue; (3) No outdoor storage of equipment. 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- REGULAR MEETING CITY OF DANIA BEACH 9 JUNE 12, 2001 9.4 a) VA-25-01 — Request for Variance request approval by Kevin Guthard, representing Sheridan East LLC, for property located approximately at 625 East Sheridan Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY KEVIN GUTHARD, REPRESENTING SHERIDAN EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST SHERIDAN STREET, FROM CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING, SECTION 26-47(C), AND CHAPTER— 28;'• ZONING, ARTICLE 6, SCHEDULE OF OFF-STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT APPROXIMATELY 625, EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury advised that she had spoken with Kevin,Guthard,regarding the project. Laurence Leeds, Growth Management Director, explained the variance request and recommended that the five conditions outlined in his backup memorandum be included with the variance and site plan should they be approved. 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 approving VA-25-01 with the following conditions prior to issuance of any building permits: (1) The plat shall be recorded; (2) Applicant shall obtain written approval from the Public Works/Utilities Director to construct landscaping on easement areas; (3) Applicant shall provide a plan for the rear yard landscape area; (4) Applicant shall provide a construction detail of pervious turf block; (5) Applicant shall dedicate the $47,560.00 local park fee. Prior to issuance of a Certificate of Occupancy, applicant shall comply with Fire Rescue access requirements. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-yes Mayor Flury-yes b) SP-26-01 — request for Site Plan approval by Kevin Guthard, representing Sheridan East LLC, for property located approximately at 625 East Sheridan Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY KEVIN GUTHARD, REPRESENTING SHERIDAN EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Kevin Guthard presented a Site Plan rendering of Sheridan 600. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 10 JUNE 1 Z 2001 Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Mikes opposed the Site Plan request based on his desire for less density and opposition to rental units in the City. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution approving SP-26-01 with the following conditions prior to issuance of any building permits: (1) The plat shall be recorded; (2) Applicant shall obtain written approval from the Public Works/Utilities Director to construct landscaping on easement areas; (3) Applicant shall provide a plan for the rear yard landscape area; (4) Applicant shall provide a construction detail of pervious turf block; (5) Applicant shall dedicate the $47,560.00 local park fee. Prior to issuance of a Certificate of Occupancy, applicant shall comply with Fire Rescue access requirements. The 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 ITEM #11.9 WAS HEARD AFTER ITEM 9.4. ITEM #9.5 WAS HEARD AFTER 13.2. 9.5 SP-23-01 — Request for Site Plan approval by Eli Bohadanah for property located at the corner of SW 51 st Street and SW 26th Avenue, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ELI BOHADANAH, FOR PROPERTY LOCATED AT THE NW CORNER OF SW 51ST STREET AND SW 26TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; 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. Commissioner Bertino recommended two more parking spaces be added. Discussion followed on the inability to add the extra parking due to the size of the lot and the loss of green area. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, adopting the Resolution approving SP-23-01 subject to an additional Oak tree being planted on the corner. 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- REGULAR MEETING CITY OF DANIA BEACH 11 JUNE 1 Z 2001 • 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned that school children are out for the summer and encouraged safe driving. 10.2 Commissioner McElyea confirmed that the City now owns the 803 NW 1st Avenue property, which is proposed for a BSO substation. He suggested that BSO prisoners be utilized to clean up the site. Acting City Manager Nunemaker mentioned plans to install landscaping and advised that the insurance. requirements have been resolved with Gene Bieber Architect to begin the improvements. Acting City Manager Nunemaker reported that the initial designs on the pier are expected shortly from Mr. Neal Aronson. Commissioner McElyea mentioned.that a recent newspaper article mentioned a 1939 article that referred to a passenger liner carrying some 900. Jewish refugees, which inaccurately referred to Dania Beach at the time. He clarified that Dania did not have a beach in 1939 as the beach belonged to Hollywood. He was dissatisfied with the editor of the newspaper for not responding to his request for retracting the information. 10.3 Commissioner Mikes' agreed that the newspapers do not always accurately report information and that Dania Beach seems to get a lot of negative press that doesn't belong to the City. Commissioner Mikes requested that Mr. Leeds provide a survey of the number of duplexes in the City with lot sizes and locations. Mr. Leeds advised that the Zoning In Progress Ordinance would need to begin with the Planning & Zoning Board. 10.4 Vice-Mayor Chunn requested that staff look into the dangerous situation with the wall near the Publix on Sheridan Street that creates a blind spot for drivers who are exiting the shopping center. Vice-Mayor Chunn suggested that speed bumps be installed on SW 5th Avenue and Stirling Road to slow the traffic. Acting City Manager Nunemaker advised that the process for speed humps starts with BSO, as they must monitor the site. 10.5 Mayor Flury recommended that Trafalger be contacted to address traffic problems from the construction site that creates a dust impact on the Sandpiper Woods residents. Acting City Manager Nunemaker mentioned that he is working on the .problem with Mr. Chadwick, Vice President of the Sandpiper Homeowners Association. Mayor Flury recommended establishing a policy providing that individual commission travel expenses be approved by the City Commission. Commissioner Mikes advised that he would be attending the Noise conference in July and that he would like to approve staff travel expenses as well. Commissioner Bertino mentioned the need for commissioners to attend conferences for educational purposes and requested clarification on the procedure. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 12 JUNE 12, 2001 Acting City Manager Nunemaker suggested including travel expenses on the city manager's report as a way to inform the City Commission. Mayor Flury clarified that the monthly travel expenses would simply be brought before the City Commission for general approval and that the intent is not to prevent anyone from attending conferences but to make the information available to the public. After discussion, a motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to establish a policy requiring all monthly travel expense for City Commissioners and staff to be-approved by the City Commission and that the policy would be effective July. 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 questioned whether street vendors are required to obtain a permit to sell goods in the City as it is not fair to the businesses within the City who are paying Occupational License fees. Laurence Leeds, Growth Management Director, mentioned that street vending is not a permitted use. He agreed to speak further with Code Enforcement and report back on the City's procedures. Mr. Leeds advised that the vendors selling newspapers and flowers at major intersections on public right-of-way property are not under the City's jurisdiction. 11. DISCUSSION AND POSSIBLE ACTION: ® 11.1 Discussion of possible donation of land for a new Boys & Girls Club in Dania Beach. (Staff) Acting City Manager Nunemaker explained that the City is not at a point of discussing donation of land for a Boys & Girls Club at this time, however, he asked for general support from the City Commission to pursue the interest of locating a club and a Charter School related to the marine industry in the City. The City Commission generally agreed that it is a good organization and that Acting City Manager Nunemaker should pursue further information. 11.2 Discussion of rezoning residential property north of Sheridan Street. (Commissioner Bertino) Commissioner Bertino stressed the need to move forward with rezoning land north of Sheridan Street and suggested the implementation of a PUD (Planned Unit Development) zoning to encourage business development. The rezoning could include some zero lot line homes, businesses, and office buildings and pointed out that the land along Sheridan Street would become more valuable in the future. Commissioner Mikes suggested waiting on the rezoning until further information is received from FDOT on the widening of Sheridan Street and he stressed the need for water retention areas and berms to enhance the roadway. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 13 JUNE 1Z 2001 Laurence Leeds, Growth Management Director, advised that FDOT should be advised of the City's plans for rezoning of Sheridan Street at the public hearing scheduled August 30tn 11.3 Clarification of workshop meeting to be scheduled with newly annexed area. (Acting City Manager) Acting City Manager Nunemaker clarified with the City Commission that a workshop would be scheduled with the elected officials to discuss numerous issues relating to the newly annexed area coming-into the City September 15tn 11.4 Discussion of Habitat for Humanity selection process to be held at City Hall on Friday, September 14 (6:00-9:00 p.m.) and Saturday, September 15 (8:00 a.m. to 4:00 p.m.). (Acting City Manager) Acting City Manager Nunemaker notified the public and the City Commission of the designated times for applicants to apply for the Habitat for Humanity program. He mentioned that flyers would also be distributed to notify residents of the dates. ITEM 11.6 WAS HEARD AFTER ITEM 11.4. ITEM 11.5 WAS HEARD AFTER ITEM 6.1. 11.5 Discussion of possible widening of Sheridan Street. (Staff) Laurence Leeds, Growth Management Director, advised that the Florida Department of Transportation has identified three alternatives for widening Sheridan Street from four moving lanes to six moving lanes as follows: © - The Central alignment involves partial acquisition of lotsfronting both sides of Sheridan - - Street (Dania Beach and Hollywood) between Dixie Highway and SE 2"d Avenue and partial condemnation of commercial properties on both sides of U.S. 1 from Sheridan Street north to approximately SE/SW 13tn Street. ® The south alignment requires the acquisition of lots fronting the south side of Sheridan Street (Hollywood) between Dixie Highway and SE 2"d Avenue and requires substantial condemnation of commercial properties on the west side of U.S. 1 from Sheridan Street north to approximately SW 13th Street. o The north alignment involves acquisition of lots fronting the north side of Sheridan Street between Dixie Highway and SE 2"d Avenue and the entire depth of lots fronting Sheridan Street in Dania Beach for the road construction with the back part (40 to 50 feet wide) being used for "dry retention areas" as well as significant acquisition along the east side of U.S 1 from Sheridan Street north to SE 13 Street.. Mr. Leeds pointed out that FDOT may also consider a fourth alternative requiring SW 4tn Avenue to be changed to one-way northbound. City staff has previously informed FDOT that SW 4tn is to be closed at Sheridan Street as part of the Dania Heights Safe Neighborhood Plan. Mr. Leeds suggested that FDOT could include landscaping, berms, and wall to buffer homes on SE 15tn Street so as to address the brightened appearance of the area. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 14 JUNE 12, 2001 Nick Danu, FDOT Environmental Management Office, introduced several representatives • working on the project and explained that the project is approximately two years in the making and that the process for completion would probably be 2009. Current funding only covers final design and no funds are available for right-of-way acquisition or construction, which depends on the Metropolitan Planning Organization. Tony Drescher, Greenhorne & Mara's (G&O) Project Manager, explained that FDOT has been trying in the past two years to obtain a consensus from the municipalities for the project and that an additional 46 feet of right-of-way would be needed in order to increase the road from four to six lanes: The northern, alignment could include a Greenway to separate the roadway and landscaping could be added. The project is driven by safety and traffic volume along the corridor and would incorporate the western portion of Sheridan Street that is already six lanes. FDOT has evaluated all three alternatives and they recommend the northern alignment based on less environmental concerns, less residential displacement, more commercial displacement, contamination and air concerns, and right-of-way costs. Commissioner Mikes questioned whether the project is intended to eventually connect east towards 5th Avenue, as he could not understand the need to cross as far over US 1 as FDOT is projecting. Mr. Drescher explained that the taking of property at US 1 is driven by the expansion of the intersection at US 1 and Sheridan Street. Mr. Danu advised that there is no direction from the MPO for any long-range transportation plans for expanding six lanes on Sheridan Street east of US 1 and that the construction of the proposed project is expected to last until 2030. Mr. Danu advised that these expansion projects are prioritized by the MPO. Mr. Drescher advised that FDOT does not have the power to take a person's entire property lot without providing proof of engineering needs. Mr. Ely, FDOT, stated that FDOT could make an offer to buy the entire property but the property owner does not have to sell the entire lot. Mr. Leeds clarified that the plans show the use of the entire lot and that half of the lot cannot be developed, therefore, requested clarification from FDOT. Mr. Ely advised that FDOT would pay the full. compensation.for the entire lot even if the property owner wants to retain the back half as the law cannot require FDOT to take the entire lot unless they need the entire lot for retention area. Commissioner Bertino inquired as to whether the land that is not needed for retention be donated to the City for possible commercial development. Mr. Danu advised that funds would be available for aesthetic aspects of the project. Molly- Hughs, Hughs Hall, Inc., advised that FDOT, once right-of-way funds are designated, could enter into an agreement with the City where the .City could acquire the property needed for the right-of-way and then return the right-of-way needed for the roadway widening to FDOT. The City is not precluded on the use of the property like FDOT. The City is allowed to collect land for broader purposes and then retain, reuse or resale the remnant land. Commissioner Mikes confirmed that the City would`not be obligated to provide any special development rights.on the lots that would be too small as the lots would be non-conforming and FDOT would need to work with the City on re-establishing right-of-ways for utilities or possible bike lanes. Mr. Danu advised of a public hearing on August 30th and confirmed that FDOT would notify property owners. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 15 JUNE 12, 2001 tITEM #7 WAS HEARD AFTER ITEM 11.5. ITEM 11.6 WAS HEARD AFTER ITEM 11.4. 11.6 Discussion of Community Bus Service. (Commissioner Bertino) Commissioner Bertino stressed the need for the community bus service to be used more by residents. He suggested noticing the service on the water bills and in the local newspaper to better advertise the service. Acting City Manager Nunemaker advised that the City is waiting for the County to provide the official brochures and currently the route is provided to residents. Mr. Nunemaker mentioned his desire to schedule a ribbon cutting for the project once the brochures are received. ITEM 11.8 WAS HEARD AFTER ITEM 11.6. ITEM #11.7 WAS HEARD AFTER ITEM 5.5. 11.7 Discussion of City's possible participation in vision of Airport Expansion. (Commissioner Bertino) Commissioner Bertino advised that none of the cities impacted by the airport expansion were invited to attend a visioning session conducted by Broward County Aviation in regards to constructing a retail center at the airport. He mentioned that traffic concerns are not being discussed and recommended that a strong letter signed by the mayor be sent to the County indicating Dania Beach's desire to be included in all future visioning sessions. He also suggested that the Sun Sentinel and Miami Herald be notified of the City's concerns. ITEM #11.1 WAS HEARD ALONG WITH ITEM 11.7. ITEM 11.8 WAS HEARD AFTER ITEM 11.6. 11.8 Discussion of Water Plant issues. (Acting City Manager) Acting City Manager-Nunemaker mentioned that a rate study was conducted a few years ago where a CIP was to be funded with a 4% increase in rates over the following years. One 4% rate increase was filed, however, the other increases were never implemented and no capital improvements were made. Acting City Manager.Nunemaker suggested that a consultant be hired to update the City's study on the capacity amount to serve the City through build out unless the City wants to contract for water with Hollywood. The City Commission generally agreed that the study should be updated and that the water service connection with Hollywood should be maintained. ITEM #11.10 WAS HEARD AFTER ITEM 11.8. ADDENDUM ITEMS ITEM #11.9 WAS HEARD AFTER ITEM 9.4. 11.9 Discussion of CRA (Community Redevelopment Agency). (Staff) MINUTES- REGULAR MEETING CITY OF DANIA BEACH 16 JUNE 1 Z 2001 Acting City Manager Nunemaker stressed the importance of establishing the CRA district and explained that the consultants are present tonight to explain the Finding of Necessity. Mr. Nunemaker advised that the City Commission is not being asked to deal with redevelopment issues tonight but to be made aware of certain conditions qualifying the City for the unique funding mechanism. Henry Iler, Iler Planning Group, introduced Douglas Smith, EDSA, and Wilson Sanchez, Keith & Associates. Mr. Iler explained that his firm was hired to review possible redevelopment areas in the City and that the purpose of the CRA is to bolster the economy of aqualified area. The area isalsov selected based on the-need for redevelopment and its ability to meet both State and County criteria. The three essential benefits of a CRA are: (1) The ability to use other peoples money to do improvements for an area such as tax increment financing so that as the area grows, revenues from the City, Hospital District and County are going into the area; (2) A CRA qualifies for additional priority-points on,State and Federalgrants. (3) A CRA provides an opportunity to take a master planapproach to the area. The CRA area was defined as follows: The center of the CRA area is Federal highway, a major east/west corridor is Dania Beach.Boulevard, on the east and to the north there are some residential areas on NW 7tn NW 81n and NW 9" Avenues then northwest from Dania Beach Boulevard and the northern area of the Dania Cut-off canal and all the way to the power lines around the boat area. Along the eastern boundary of NE 5tn Avenue back to the Dania Jai Alai going out to the City's boundaries in the environmental preserve areas,-moving -along the commercial residential boundary south of Dania Beach Boulevard and moving south-on.Federal Highway passed Stirling Road all the way to Sheridan Street. The area is comprised of 500 acres representing 12% of the land area of the City after annexation. The character of the area . is primarily commercial based on "Save our Homes" requirements that make it difficult for cities to=raise .values on.-homes, which,.are'not sold:in a,particular year...Mr. .Iler. advised.that the_focus was the heart of the City at Dania Beach Boulevard and US 1. The report shows that approximately 25% of the area has deteriorated site or building conditions and-20% of the area is affected by]evel service problems. The area also has inadequate water lines that-would need to be upgraded for redevelopment to occur and drainage problems. The taxable value in the CRA area has not grown at the:same-rate as-the-rest of the City or Broward County over the past five years, which shows a need for redevelopment. The CRA area does meet the State and County criteria-and the next step is to bring the "Finding of Necessity" in the form of a- resolution to the City Commission on June 26tn�with the proper advertising. The CRA would then go to Broward County for their review and the master-planning phase where the CRA would be setup and the board would be established in September or October. The board could include the City Commission and citizens. Mr. Iler advised that he would be available to meet with the City Commissioners before the June 26tn meeting on an individual basis to answer any of their questions. Mr. Iler advised that commercial properties west of the City were not included in the CRA area so the City could use ad valorem taxes anywhere throughout the City from those areas. Infrastructure and specialized services for the CRA area would be funded from the CRA district. The City could abolish the CRA at any time and there is no limitation of imposing or increasing Fire Service fees in the CRA area. As long as special services resulting from future growth in MINUTES- REGULAR MEETING CITY OF DANIA BEACH 17 JUNE 1 Z 2001 the CRA are included in the master plan, the City could use funds from the CRA to cover those types of services. Acting City Manager Nunemaker pointed out that the acreage is misleading as it is more like 345 acres discounting the roadways and waterways and that the area itself is stagnant based on rental rates per square foot and vacancy rates. The Jai Alai area is under utilized and the spill over affects from the district should improve other areas of the City lying outside the district. As a tax base, the most aggressive area is outside the CRA area. In addition, the City is proposing to take action to encourage quality development along the Griffin, Stirling and ,Sheridan corridors to maintain the City's fiscal stability. Mr. Iler advised that the City could increase or decrease the CRA area and stated that it would be more difficult to increase than to decrease the area. The process to change the boundaries would involve a resolution adopted by the City Commission in order to apply to the County and define the changes. All financial commitments or bonds would have to be satisfied before any change could be presented to the County. Mr. Iler advised that it takes year 3 or 4 before significant revenues could be realized from the CRA. Acting City Manager Nunemaker pointed out that the County could reduce the size of the CRA at the time of their review. The City Commission generally agreed that the CRA issue would be addressed on June 26cn and that staff should try to schedule a workshop meeting with Mr. Iler before the regular meeting. ITEM #13.2 WAS HEARD AFTER 11.9. ITEM #11.10 WAS HEARD AFTER ITEM 11.8. 11.10 Discussion of community concern over additional Section 8 Housing Authority rentals in southwest Dania Beach. (Commissioner Mikes) Commissioner Mikes mentioned that there used to be a HUD policy that required Section 8 rental units to be-approved with the City Commission so that public safety services could be addressed. He advised that the Housing Authority has requested an additional 100 Section 8 units and that there was no communication provided to the City Commission because it is no longer a mandatory requirement. Commissioner Mikes .mentioned that there have been problems with the high amount of duplex rentals in the southwest section of the City and that there have been known drug dealers operating- out of Section 8 units. Commissioner Mikes stressed the need to encourage home ownership programs to bring a sense of community back to the southwest area and to remove the absentee landlords who are controlling a lot of the housing stock in the area. Commissioner Bertino advised that Section 8 units are provided to low-income families who are given a rent subsidy contract to rent a home or apartment anywhere in the City. The basic concept of the program was to disburse poverty over the broad population as a way of reducing social problems. He mentioned that most of the Section 8 units would probably stay within the City limits of Dania Beach instead of spreading the low income housing over all municipalities in Broward County. MINUTES-REGULAR MEETING CITY OF DANIA BEACH 18 JUNE 1 Z 2001 Commissioner Mikes stated that he doesn't have any problem with low-income housing but mentioned that the problem arises when 50% to 75% of the homes on a street are rental units owned by absentee landlords and only 25% are homeowners. When this type of situation occurs, drug dealers take over the neighborhoods and the only way to get people to control crime and take pride in their communities is to encourage home ownership programs. Commissioner Mikes mentioned that Dania Beach rose to #1 out of 30 cities in Broward County with the highest violent crime rate a month ago even though improvements have been made. Mayor Flury:agreed that home ownership is a good thing for the City, but she pointed out that Section ,8 rental-units-are-rented to many elderly persons who really need the subsidy to live. Mayor Flury advised that the vouchers would bring Federal funding into the City and that she would not want to deprive needy people from using the program funds. She stated that the persons using the program cannot afford to purchase homes and not all Section 8 units are rented to drug dealers. The southwest section of the City is not suffering from too many Section 8 housing units and drug dealers are involved in all walks of life. Commissioner Mikes mentioned that it was just a few years ago that one of the biggest drug distributors in the County, Ivory McCutcheon, utilized most of the funding from Section 8 unit - programs and that the City must discourage rentals in areas to reduce crime. Rita Brown, Director of the Dania Beach Housing Authority, pointed out that the vouchers have been applied for but there is no guarantee that all 100 would be funded. She agreed that a 231 letter of approval from the City Commission was required in the past to file for Section 8 units, however, this is no longer a requirement. She mentioned that the Housing-Authority-did inform the City about the application for units when she had to receive a certification letter from Laurence Leeds, Growth Management-Director, confirming that the agency-plans-are-consistent with the City's Comprehensive Plan. She mentioned that the City's Comprehensive Plan last year stated a desire to provide subsidized housing and to utilize Section 8 vouchers. Mrs. Brown advised that the-housing authority has the jurisdiction to.operate the Section 8 program in all of Broward County with the exception of the city limits of Hollywood because of an agreement with four other housing authorities in the county. She advised that most of the activity is outside the City because only 62% of the 397 vouchers under the HAP contract are in Dania Beach. In regards to absentee landlords, most of them are snowbirds and they are required to hire a managing agent or maintenance person to take care of business in the area because inspections are conducted on the units when there is a problem. The 100 Section 8 vouchers are worth $630,000.00 and approximately-$75,000 would be paid directly to the Dania Beach Housing Authority as an administrative flee and ,a large portion of money goes back into the community through property taxes and employment costs. Reports are also obtained from BSO to stay informed -of resident drug arrests and that those individuals are terminated from the program. Mrs. Brown stated that the Housing Authority wants to cooperate with the City but the business of the Housing.Authority is low-income housing, which continues to be a tremendous need for so many people. She agreed that more diversity needs to be encouraged and stated 3 that the Housing Authority supports home ownership but was hopeful that there is room for all types of housing needs in the City. Commissioner Mikes questioned Mrs. Brown on whether subsidy funds are available for mortgages. Mrs. Brown advised that the Housing Authority is not involved in the home ownership program because they are not prepared to commit the money for a person over a MINUTES- REGULAR MEETING CITY OF DANIA BEACH 19 JUNE 12, 2001 minimum of 10 years. Mrs. Brown explained that the Housing Authority is not expecting to is construct new units and thought that the City would be better off dealing with the Housing Authority leasing properties since inspections are conducted on the units. Mayor Flury advised that everyone agrees that home ownership is most ideal, however, there are some people who cannot afford to own a home. She mentioned that the City may have the potential for 20 homes through the Habitat for Humanity program and that the City Commission doesn't seem very interested in helping with the potential program. °-Vice-Mayor-Chunn advised that most of the homes that the Turn Around Dania Beach crime fighting organization conducts marches are not Section 8 homes. He agreed that there is a need to address low-income housing. Vice-Mayor Chunn mentioned that Habitat for Humanity is working very hard on a housing program for the City and pointed out that there are many very good tenants living in Section 8 homes. ITEM #12 WAS HEARD ALONG WITH ITEM 11.10. ITEM #11.11 WAS HEARD ALONG WITH ITEM 11.7. 11.11 Discussion of using a Public Relations advertising campaign to better inform the public and obtain more support for Dania Beach's position on County airport expansion.projects. (Commissioner Mikes) Commissioner.Mikes advised that the south runway expansion project will be detrimental to the City and that the major air quality impacts of the airport expansion are not-being He mentioned that the Fort Lauderdale-Hollywood International Airport used to provide a convenience for air travel and be very economical :The„proposed pairport�expansion=-is going to create- an airport closer to the Orlando and -many -=foreign -international- airports. He recommended advertising the City's concerns through a Public Relations campaign. ITEM #6.1 WAS HEARD AFTER ITEM 11.11. ITEM #12 WAS HEARD ALONG WITH ITEM 11.10. 12. APPOINTMENTS: NO APPOINTMENTS WERE SUBMITTED 12.1 Appointment of 3 members to the Airport Advisory Board. 12.2 Appointment of 1 member to the Budget Advisory Board. 12:3 Appointment by Commission of one (1) Alternate for citizen-member to the Civil Service Board. 12.4 Appointment of 4 members to Dania Economic Development Board. 12.5 -Appointment by City Commission of a citizen member to the General Employees Pension Board. 12.6 Appointment of 2 members to Human Relations Board. 12.7 Appointment of 2 members to the Marine Advisory Board. 12.8 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board. 12.9 Appointment of 2 members to the Occupational License Review Advisory Board. 12.10 Appointment of 5 members to Parks, Recreation and Community Affairs Advisory Board. MINUTES- REGULAR MEETING CITY OF DANIA BEACH 20 JUNE 1 Z 2001 13. ADMINISTRATIVE REPORTS: 13.1 City Manager -Announcement that Voter Registration Forms are available in the Lobby. Acting City Manager Nunemaker passed out the final advertisement for the city manager position. After Item 13.1, additional City Attorney comments were presented: ITEM #13.2 WAS HEARD AFTER 11.9. 13.2 City Attorney Ansbro mentioned that when the FPL Collins Road substation was approved by the City Commission last year, a restrictive covenant was included as condition to require the northern portion of the site to be maintained as a preserve. City Attorney Ansbro advised that FPL will be installing lines on the site and-that this-action-will disturb some of the vegetation on the site. Mr. Leeds advised that Bill Tasaro, City Landscape Consultant, estimated that 13 trees would need to be relocated zor FPL.could contribute between $7,500 to $10,000 in the City's tree fund. Mr. Leeds suggested that the trees be relocated along the front of Collins Road at the FPL site. Nick Block, FPL, clarified that the majority of trees being disturbed are Melaleuca Trees, which are a problem, and that a crane would most likely be used to remove the trees. The City Commission generally agreed to authorize Laurence Leeds, Growth Management Director, to work with FPL on relocating the trees on public right-of-way or private land whichever is available. ITEM #9.5 WAS HEARD AFTER 13.2. After Item 13.1, Additional City Attorney Comments were presented: City Attorney Ansbro advised that the arbitration proceedings were concluded in the Tigertail Lake Dredging project on Thursday. A ruling from the Arbitration panel on the Ryan Eastern complaint for the dredging project should be issued within the next 15 days. In addition, City Attorney Ansbro explained that the City entered into an agreement with Inchem USA, Inc. a few years ago. The company was supposed to supply equipment to generate chlorine gas that would then generate caustic soda for the water infiltration program. The City spent $5,000.00 and the equipment never worked and now the company wants the equipment back. City Attorney Ansbro recommended terminating the agreement so that the $5,000 could be returned to the City and the equipment then given back to Inchem USA, Inc. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, authorizing City Attorney Ansbro to execute a termination agreement with Inchem USA, Inc. so that the City could obtain its money back before releasing the equipment. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes MINUTES- REGULAR MEETING CITY OF DANIA BEACH 21 JUNE 12, 2001 Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes Laurence Leeds, Growth Management Director, clarified with City Attorney Ansbro that the Duplex Zoning in Progress is not a moratorium. He clarified that should an applicant apply for Site Plan approval for a duplex, even though the application is received after the Zoning in Progress advertisement, and should the applicant proceed with the process and obtain approval prior to the Zoning in Progress Ordinance being adopted, the City is obligated to approve the Site Plan. City Attorney Ansbro agreed with Mr. Leeds and stated that the Zoning in Progress is a Resolution stating that the City is undertaking to rezone duplex use in the City, or something less than duplex with some changes, but it would not stop the City from processing an application in ordinary course, which could take up to 4-6 months. It may well be that the City's new regulations will be in place before the person's application is completed. Commissioner Mikes stated that the intent is to stop some of the single-family lots from being converted to duplex use because the City Commission is encouraging single-family home ownership. He pointed out that the City's Comprehensive Plan was amended at the final approval to show that the City supports more home ownership. Laurence Leeds, Growth Management Director, stated that applicants are being told that they may apply at their own risk and that there is no guarantee that they would obtain duplex approval. City Attorney Ansbro agreed to provide Mr. Leeds a legal opinion on whether duplex rights would be vested at Site Plan or Building Permit stage. 01,4. ADJOURNMENT This meeting adjourned at 11:45 p.m. PAT FLURY - MAYOR-CITY COMMISSIONER to t CHARLENE JOH ON ACTING CITY CLERK APPROVED: June 26, 2001 MINUTES- REGULAR MEETING CITY OF DANIA BEACH 22 JUNE 12, 2001