HomeMy WebLinkAbout1740 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
J U LY 24, 2001
1. CALL TO ORDER:
Attorney Client sessions were conducted prior to the meeting for the Konschnik, JJ Kelly and
Ryan Eastern litigation matters. Mayor Flury called the regular meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Senior Pastor Gary Culbertson, Griffin Road Baptist Church
3. ROLL CALL:
Present:
Mayor: Pat Flury
Vice-Mayor: Robert Chunn
Commissioners: John Bertino
C.K. McElyea
Bob Mikes (arrived at 8:00 p.m.)
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 Albert Jones, 722 SW 3 Street, speaking on behalf of the Dania Heights Civic
Association and College Gardens Neighborhood Association, urged the City Commission to
consider the possible use of grant funds forthcoming from the 28t" year Community
Development Block Grant program to build a community center in the southwest section of the
City. Mr. Jones requested a meeting to be scheduled and urged the City to include the
community center project in any loan programs that may be decided upon during the current
budget sessions.
4.2 Susan Jenkins, 5430 SW 27 Terrace, Board of Directors for Estates of Fort Lauderdale,
expressed opposition to recent newspaper statements that the City is considering a 17% tax
increase. She requested that an investigation be conducted to determine if there was a
deliberate misrepresentation of the City's financial situation to get residents from the newly
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CITY OF DANIA BEACH 1 JULY 24, 2001
annexed areas to vote to come into the City of Dania Beach instead of Hollywood this past
November. Ms. Jenkins pointed out to the City Commission that they have lost the trust of many
residents in the area and that a tax increase would cause a hardship on many residents living
on fixed incomes.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Request by Susan Ferrara, Promotions Manager, Bass Pro Shops Outdoor World, for "Blanket"
one-year approval on all special events being held at Bass Pro Shops Outdoor World, 200
Gulfstream Way.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, granting a one-
year "Blanket" approval on all special events held at Bass Pro Shops Outdoor World with the
understanding that Bass Pro representatives would meet with the City's fire and building
personnel to ensure that all requirements have been met prior to the erection of any tents and
that off-duty BSO details would be supplied as needed to deal with security and traffic issues.
The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
5.2 Parks & Recreation Department- *Recognition of BSO Deputy James Dean.
• Randy Wilkinson, Parks & Recreation Director, Bud Palm, Utilities Director, and Captain Glenn
Morris, Marine Safety Division, commended Deputy Dean, Supervisor of the BSO Department
of Corrections Crews, for his efforts that have provided many improvements to parks and
roadways in the City. Deputy Dean was presented with a plaque of appreciation.
*Blue Wave Award
Captain Glenn Morris, Marine Safety Division, explained that the International Blue Wave Award
started in 1999. Dania Beach has been selected again as a beach that meets certain criteria,
some of which are water quality, beach and inter-tidal conditions, water safety services, habitat
conservation, public information education, and erosion management. The program includes
efforts by the Public Works and Fire Departments and a flag was presented that would be flown
at the beach.
Grant Awards:
Randy Wilkinson, Parks & Recreation Director, explained that a Town Meeting was held last
night with Senator Steve Geller and Representative Tim Ryan. Mr. Wilkinson presented two
grant awards for $150,000 for Patrick J. Meli Park and $150,000 for Charlie Will Thomas Park.
Acting City Manager Nunemaker reported that the City has $5 million in grant programs either in
progress or forthcoming in the next year or two as follows:
FRDAP (Florida Recreation Development Assistance Program) - $150,000 for each Frost, Meli
• and Thomas Parks with a 50/50 matching grant for actually $300,000 in improvements in each
park over the next two years.
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CITY OF DANIA BEACH 2 JULY 24, 2001
. Broward County Swim Central Grant - $1.17 million for a swimming pool at Meli Park.
Broward County Challenge Grant- $500,000 and an additional $500,000 matching funds with
BCC for improvements to Tigertail Lake.
Broward Boating Improvement Program (BBIP) -$49,000 for Whiskey Creek floating docks.
Community Development Block Grant (CDBG) - $725,000 for improvements to the northwest
and southwest sections of the City.
Griffin Marine Park, 301h Avenue and 45th Street -$300,000 for the implementation of a small
boat and trailer park.
State Grant Funds - $200,000 for renovations to the Nyberg/Swanson House.
State Grant funds through FDOT -$760,000 for roadway improvements.
Mayor Flury commended Acting City Manager Nunemaker for his efforts to acquire the grants
that would provide needed assistance in many areas of the City.
6. PROCLAMATIONS: None
ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner McElyea pulled item 7.4e,
Commissioner Bertino pulled item 7.5b, and Mayor Flury pulled Items 7.2a and 7.4d.
CONSENT AGENDA (including expenditures):
7.1 Bills:
a) Approval of bills for the month of June, 2001.
7.2 Minutes:
b) Approval of minutes for May 2, 2001, workshop meeting.
c) Approval of minutes for June 7, 2001, workshop meeting.
d) Approval of minutes for November 9, 1999, regular meeting.
e) Approval of minutes for November 23, 1999, regular meeting.
7.3 Travel Expenditures:
a) August 15 -Nanci Denny, Finance Department - Purchasing conference in Hollywood.
b) August 14-Linda Fry, City Manager, - Administrative Assistant seminar in Fort
Lauderdale.
c) August 27-31- Randy Wilkinson and Mardie Holloway, Parks & Recreation Department,
FRPA (Florida Recreation & Parks Association) Conference in Tampa.
7.4 Resolutions:
a) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS
GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN
REVENUE ESTIMATES AND BY BORROWING $750,000 DOLLARS FROM THE WATER
FUND AND $750,000 FROM THE SEWER FUND, 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
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b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
BEACH PROVIDING FOR "INSPECTION, PLANS REVIEW BUILDING OFFICIAL AND
RELATED SERVICES"; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
c) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF
AGREEMENT FOR BROWARD BEAUTIFUL GRANT 2000/2001 FOR LANDSCAPING AND
BEAUTIFICATION OF DANIA BEACH BOULEVARD FROM FEDERAL HIGHWAY TO
FRONTON BOULEVARD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID MAINTENANCE MEMORANDUM OF AGREEMENT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
7.5 Ordinances — Title to be read by city attorney
a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE
SUBJECT OF OFF-STREET PARKING; AMENDING CHAPTER 28, SECTION 6.21 OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE AN
EXEMPTION TO THE OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (First Reading)
c) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE
SUBJECT OF PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND
SCHOOLS; AMENDING CHAPTER 28, SECTION 4.201 OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE AN EXEMPTION FROM THE ONE
THOUSAND (1000) FOOT DISTANCE SEPARATION REQUIREMENT BETWEEN CERTAIN
COMMERCIAL USES WHICH SELL INTOXICATING OR ALCOHOLIC BEVERAGES AND
ANY CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
City Attorney Ansbro read the titles of the Ordinances for Items 7.5 a and c for first reading.
A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving
the Consent Agenda with the exception of Items 7.2a, 7.4 d and e, and 7.5b. .
The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
ITEMS PULLED FROM THE CONSENT AGENDA:
7.2 a) Approval of minutes for July 10, 2001, regular meeting.
City Attorney Ansbro explained that in the minutes of July 10t" a motion was made by
Commissioner Mikes and seconded by Vice-Mayor Chunn asking that he obtain an opinion from
the Commission on Ethics relating to Commissioner McElyea's towing services. The motion was
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CITY OF DANIA BEACH 4 JULY 24, 2001
not listed in the minutes because the Mayor never called the question. He requested clarification
from the City Commission on whether they want to amend the minutes to include a motion. It
was noted that City Attorney Ansbro could follow up on the legal opinion as requested by
Commissioner Mikes and that a motion was not necessary.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the
minutes of July 10, 2001.
The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
7.4 d) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT
EXISTING WITH ELAN LAWN SERVICE, IN ACCORDANCE WITH ARTICLE 4, SECTION 4.2
OF THE AGREEMENT, TO EXTEND THE TERM FOR AN ADDITIONAL TWO (2) YEARS FOR
THE PURPOSE OF PROVIDING LANDSCAPING AND GROUNDS MAINTENANCE
SERVICES IN DESIGNATED AREAS WITHIN THE CITY OF DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Mayor Flury expressed her desire to bid out the landscaping services based on the agreement
being over five years old with Elan Lawn Service as a way to see what other companies may be
able to provide the services.
Bud Palm, Public Works/Utilities Director, stated his concern for re-bidding the services in the
event the prices would be increased and based on the fact that Elan Landscaping was the only
company that bid on the services in 1997.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn,.denying the
amendment and directing staff to re-bid the services.
The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
e) RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA; AUTHORIZING THE
ISSUANCE OF ITS PROMISSORY NOTE, SERIES 2001 IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $700,000, TO PAY AN ARBITRATION AWARD AND COSTS
RELATED THERETO; PROVIDING FOR THE PAYMENT OF THE NOTE FROM THE UTILITY
TAX IMPOSED ON THE PURCHASE OF ELECTRICITY WITHIN IN THE CITY;
PRESCRIBING THE FORM, TERMS AND DETAILS OF THE NOTE; AWARDING THE NOTE
TO REPUBLIC SECURITY BANK BY NEGOTIATED SALE; DESIGNATING THE NOTE AS A
❑QUALIFIED TAX-EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(b)(3)
OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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CITY OF DANIA BEACH 5 JULY 24, 2001
City Attorney Ansbro mentioned that the City Commission would also need to make a motion to
accept the settlement in the amount of $620,048.77 to be paid to Ryan Eastern on or before
July 31 sc
Commissioner McElyea mentioned his opposition to the dredging project from the beginning
and that the City has also paid IGFA a $165,000 settlement for not being able to provide fill from
the lake. Commissioner McElyea was of the opinion that the fill is still in the lake but that Ryan
Eastern did not use the proper equipment to do the job. He recommended that action be taken
to pursue litigation with the City's Engineers, Calvin, Giordano & Associates, as they should
have insurance twcover some of the costs.
Commissioner Bertino agreed that the fill is in the lake and reminded the public that providing
the fill for the Bass Pro Project was in the best interest of the City as Bass Pro has been a
tremendous asset to the City and would bring increased tax revenues to the City for years to
come.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, accepting the
settlement with Ryan Eastern, Inc. in the amount of$620,048.77.
The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-no Mayor Flury-yes
• A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the
resolution approving the Promissory Note for $700,000 with Republic Security Bank.
The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-no Mayor Flury-yes
7.5 b) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
CHAPTER 13 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED
"HEALTH AND SANITATION"; CREATING SECTION 13-75 TO BE ENTITLED "DUMPSTER
ENCLOSURES"; PROVIDING FOR THE REGULATION OF THE LOCATION AND
CONSTRUCTION OF DUMPSTER ENCLOSURES (ALSO REFERRED TO AS BULK
CONTAINER ENCLOSURES); REPEALING SUBSECTION 5.44 (e) OF CHAPTER 28 OF THE
CODE OF ORDINANCES RELATING TO DUMPSTER SCREENING REGULATIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (First Reading)
Commissioner Bertino recommended referring the Dumpster Ordinance back to the Planning &
Zoning Board to review the possibility of requiring existing businesses along Federal Highway
from Dania Cutoff Canal to Sheridan Street to build dumpster enclosures as long as the
businesses have ample space available without impeding parking.
Laurence Leeds, Growth Management Director, explained that he has reviewed the situation
is and would not recommend imposing the enclosure requirement on businesses based on the
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CITY OF DANIA BEACH 6 JULY 24, 2001
expense involved and the inability to provide the proper space in most cases. Mr. Leeds agreed
to pursue the matter further with the Planning &Zoning Board and to provide criteria focusing on
lot size or business use and taking into consideration the minimum number of parking required.
A motion was made by Commissioner Bertino, seconded Commissioner McElyea, remanding
the Dumpster Ordinance back to the Growth Management Director for changes and review by
the Planning & Zoning Board.
The motion passed on the following 410 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
ITEM 11.1 WAS HEARD AFTER ITEM 7.5.
8. BIDS AND REQUESTS FOR PROPOSALS: None.
9. PUBLIC HEARINGS AND SITE PLANS:
ITEM 9.1 WAS HEARD AFTER ITEM 11.2.
(Continued from 6/26/01 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
(INDUSTRIAL RESEARCH OFFICE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro advised that the items under the Public Hearing section are Quasi-judicial
matters and that all witnesses wishing to speak must be sworn in and that the City Commission,
in accordance with the Jennings Rule, must report all communications.
Commissioner Bertino, Commissioner McElyea, and Vice-Mayor Chunn reported
communications with representatives from FPL.
Laurence Leeds, Growth Management Director, mentioned that two meetings were held with
FPL and staff and that FPL has decided to supplement their application for the Special
• Exception. Mr. Leeds advised that staff could support approval with the following five conditions
being met prior to issuance of any building permits:
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CITY OF DANIA BEACH 7 JULY 24, 2001
1. FPL shall submit a Declaration of Restrictions relating to use of the South 60 feet of the
development parcel subject to final approval of the city attorney. The Declaration would provide
that no substation equipment would be installed in the south 60 feet of the development parcel
(not the canal Right-of-Way). This would not preclude FPL, at a later date, from expanding
transmission lines through the same development parcel as transmission lines currently exist on
the parcel.
2. FPL shall submit a Declaration of Restrictions relating to the use of the North 100 feet of
the Dania Cutoff Canal, including the canal itself:and shoreline, subject to the approval of the
city attorney, reflecting that FPL would have no intention of developing or seeking permission
from the South Florida Water Management District to develop land immediately south of and
adjacent to the development parcel, which includes all the FPL property within the canal right-of-
way.
3. FPL would have to verify the adequacy of the vehicular access to the new substation
site.
4. FPL agrees that this approval is subject to the landscaping as identified in the substation
landscaping plan dated April 16, 2001, including, but limited to, a double row of Areca Palms in
the 60 foot buffer area.
5. FPL agrees to dedicate $100,000.00 to address Special Exception criteria's #2,3,4,7,
and 10, as indicated in previous backup, which relates to the impact of the proposed substation
on the adjoining property and properties in the general vicinity of the substation, for waterway
• related uses and improvements in the general vicinity of the site.
8:00 p.m. — Commissioner Mikes arrived.
Commissioner Bertino questioned City Attorney Ansbro on whether the City would have any
liability with adjoining property owners from the impacts of FPL's development and installation of
the substation. City Attorney Ansbro explained that the City enjoys the benefits of sovereign
immunity and would not be liable for any decisions made during the planning level. However,
the City may be liable for any decisions during the operational level where the City Commission
would be setting policy and legislating matters of this type. Attorney Ansbro advised that the
intent of the commitment is to make improvements to the general area for such things as
dredging and landscaping. Commissioner Bertino clarified with Attorney Ansbro that the City is
not liable for any impacts that would be imposed on any of the private owners because the City
was given $100,000 to cover impact needs.
Mayor Flury mentioned that the $100,000 could be used for some of the recommendations
presented by the Marine Advisory Board relating to dredging.
Commissioner Mikes mentioned that the City would be relieving some potential hazards like
overhanging tree limbs obstructing boat traffic and maintaining a visual buffer to enhance the
waterway area. Acting City Manager Nunemaker advised that FPL has indicated that they would
support the City with any grant applications and that the money could possibly be used for
matching funds. In addition, FPL has agreed to cooperate with the City in making improvements
to the waterway area.
Mayor Flury opened the public hearing on all three items.
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CITY OF DANIA BEACH 8 JULY 24, 2001
Bill Wosenitz opposed the substation request by FPL based on concern for the impact from
EMF fields from the electrical equipment.
Hearing no further comments, Mayor Flury closed the public hearing.
City Attorney Ansbro advised that the conditions presented by Mr. Leeds only relate to the
Special Exception request.
A motion was made..by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the
Ordinance (RZ-57-00) on second reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
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.
City Attorney Ansbro advised that the five conditions presented by Mr. Leeds only relate to the
Special Exception request.
A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, adopting
Resolution (SE-58-00) subject to the following conditions being resolved immediately prior to
issuance of the building permit for the substation:
1. FPL shall submit a Declaration of Restrictions relating to use of the South 60 feet of the
development parcel subject to final approval of the city attorney. The Declaration would provide
that no substation equipment would be installed in the south 60 feet of the development parcel
(not the canal Right-of-Way). This would not preclude FPL, at a later date, from expanding
transmission lines through the same development parcel, as transmission lines currently exist
on the parcel.
2. FPL shall submit a Declaration of Restrictions relating to the use of the North 100 feet of
the Dania Cutoff Canal, including the canal itself and shoreline, subject to the approval of the
city attorney, reflecting that FPL would have no intention of developing or seeking permission
from the South Florida Water Management District to develop land immediately south of and
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CITY OF DANIA BEACH 9 JULY 24, 2001
adjacent to the development parcel, which includes all the FPL property within the canal right-of-
way.
3. FPL would have to verify the adequacy of the vehicular access to the new substation
site.
4. FPL agrees that this approval is subject to the landscaping as identified in the substation
landscaping plan dated April 16, 2001, including, but limited to, a double row of Areca Palms in
the 60 foot buffer area.
5. FPL agrees to dedicate $100,000.00 to address Special Exception criteria's #2,3,4,7,
and 10, as indicated in previous backup, which relates to the impact of the proposed substation
on the adjoining property and properties in the general vicinity of the substation, for waterway
related uses and improvements in the general vicinity of the site.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
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 advised that the first four conditions presented by Mr. Leeds relate to the
Site Plan request.
A motion was made by Vice-Mayor Chunn, seconded by-Commissioner McElyea, adopting
Resolution (SP-10-01) subject to the following conditions being resolved immediately prior to
issuance of the building permit for the substation:
1. FPL shall submit a Declaration of Restrictions relating to use of the South 60 feet of the
development parcel subject to final approval of the city attorney. The Declaration would provide
that no substation equipment would be installed in the south 60 feet of the development parcel
(not the canal Right-of-Way). This would not preclude FPL, at a later date, from expanding
transmission lines through the same development parcel as transmission lines currently exist on
the parcel.
2. FPL shall submit a Declaration of Restrictions relating to the use of the North 100 feet of
the Dania Cutoff Canal, including the canal itself and shoreline, subject to the approval of the
city attorney, reflecting that FPL would have no intention of developing or seeking permission
from the South Florida Water Management District to develop land immediately south of and
. adjacent to the development parcel, which includes all the FPL property within the canal right-of-
way.
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CITY OF DANIA BEACH 10 JULY 24, 2001
3. FPL would have to verify the adequacy of the vehicular access to the new substation
site.
4. FPL agrees that this approval is subject to the landscaping as identified in the substation
landscaping plan dated April 16, 2001, including, but limited to, a double row of Areca Palms in
the 60 foot buffer area.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
(Continuance requested by Petitioner to September 11, 2001,.Regular Meeting)
9.2 SP-11-01 — Site Plan request by Robert B. Lochrie, III, representing Park N' Fly, Inc., for property
located East of Taylor Road, South of Eller Drive and North of the Hertz Rent-A-Car facility.
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.
Laurence Leeds, Growth Management Director, advised that Attorney Lochrie has requested a
continuance to September 11th as the petitioner has not completed the 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 McElyea, seconded by Vice-Mayor Chunn, continuing
Resolution (SP-11-01) to September 11, 2001.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT
OF SIGNS; AMENDING CHAPTER 28, SECTION 28.160 OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDA TO CLARIFY REGULATIONS APPLICABLE TO WALL
SIGNS ERECTED IN THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT;
FURTHER, AMENDING SECTION 28.200, TO CONFINE THE AVAILABILITY OF THE "SIGN
ADJUSTMENT" PROCESS TO THE DOWNTOWN REDEVELOPMENT DISTRICT, TO INCREASE
THE APPLICATION FEE FOR SUCH ADJUSTMENTS, TO REVISE NOTICE REQUIREMENTS
APPLICABLE TO SUCH ADJUSTMENTS AND TO SIGN VARIANCES, AND TO CLARIFY
RESTRICTIONS APPLICABLE TO THE USE OF SIGN VARIANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING AND PUBLIC HEARING)
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 11 JULY 24, 2001
Laurence Leeds, Growth Management Director, advised that the proposed text amendment
would simplify and clarify the Sign Adjustment process in the downtown area, bound by Stirling
Road on the south, Dania Cutoff Canal on the north, 3rd Avenue and FEC tracks on the west,
and Fronton Boulevard extended on the east. The Ordinance would reduce the Sign Adjustment
fee from $500- $800 down to $250 and would only require a notice to be posted in the store or
on the site. Applicants would still be required to go before the Planning & Zoning Board and a
public hearing would still be provided before 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 Mikes, seconded by Commissioner McElyea, adopting
the Ordinance on first reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING;
AMENDING SECTION 4-20, THE SCHEDULE OF ZONING DISTRICT USE REGULATIONS IN
CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES TO ALTER THE R-D 6000 TWO
FAMILY DISTRICT REGULATION TITLE TO REDESIGNATE THE NEW CATEGORY AS "R-D
8000" (INDICATIVE OF THE MINIMUM LOT AREA TO BE REQUIRED FOR BUILDING
REGULATIONS FOR TWO FAMILY DWELLINGS COMMONLY KNOWN AS "DUPLEXES");
AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS IN CHAPTER 28 TO
INCREASE THE MINIMUM LOT AREA REGULATION FROM 6,000 SQUARE FEET TO 8,000
SQUARE FEET, TO INCREASE THE MINIMUM LOT WIDTH REGULATION FROM 60 FEET TO
80 FEET, TO INCREASE THE SIDE YARD MINIMUM REQUIREMENT FROM 7 FEET TO 15
FEET AND THE COMBINATION OF BOTH SUCH YARDS' TOTAL MEASUREMENTS FROM 14
FEET TO 30 FEET FOR SUCH TWO-FAMILY DWELLINGS ("DUPLEXES"); AMENDING THE
PROVISIONS OF ARTICLE 26 OF CHAPTER 28, WHICH ARTICLE IS ENTITLED
"RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION", TO ALSO
INCREASE THE MINIMUM LOT AREA FROM 6,000 SQUARE FEET TO 8,000 SQUARE FEET,
TO ALSO INCREASE THE MINIMUM LOT WIDTH FROM 60 FEET TO 80 FEET AND PROVIDE
THAT EACH SIDE YARD SHALL BE A MINIMUM OF FIFTEEN (15) FEET FOR DWELLINGS
AUTHORIZED TO BE CONSTRUCTED IN DISTRICTS KNOWN AS "R-2", "R-2P" AND "R-2U" (AS
IDENTIFIED IN ARTICLES XLIV, XLV AND XLVI, RESPECTIVELY IN SUCH ARTICLE 26);
AMENDING SECTION 5.15 OF THE CODE OF ORDINANCES, WHICH SECTION IS ENTITLED
"LOT WIDTH AND AREA" TO ENSURE THAT SINGLE-FAMILY DWELLINGS MAY CONTINUE
TO BE ERECTED ON LOTS MEETING CERTAIN MINIMUM SPATIAL REQUIREMENTS;
AMENDING SECTION 5.17 OF THE CODE OF ORDINANCES, WHICH SECTION IS ENTITLED
"EXISTING SINGLE AND TWO-FAMILY DEVELOPMENT", TO REFLECT THE NEW REFERENCE
TO THE "R-D 8000" DISTRICT REGULATIONS AND TO PROVIDE FOR COMPLIANCE WITH R-
D 8000 REQUIREMENTS FOR ANY ADDITION PROPOSED FOR A SINGLE-FAMILY
STRUCTURE WHICH ADDITION WOULD RESULT IN THE CREATION OF A TWO-FAMILY
STRUCTURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING AND PUBLIC HEARING)
0
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 12 JULY 24, 2001
Laurence Leeds, Growth Management Director, explained that changes were made to the
Ordinance and City Attorney Ansbro had suggested that the Ordinance be re-advertised for first
reading and public hearing.on August 14, 2001.
Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Flury closed the public hearing.
It was noted that no motion was needed to continue the Ordinance to August 14, 2001, for first
reading.
10. COMMISSION COMMENTS:
10.1 Commissioner Bertino mentioned his attendance at the NOISE Conference in Portland, Oregon
and that there appears to be general movement towards making aircraft quieter at airports.
10.2 Commissioner McElyea mentioned the need to address sidewalks in the southeast and southwest
sections of the City and the homeless problems that exist throughout the City.
10.3 Commissioner Mikes mentioned that he too attended the NOISE Conference that was attended
by over 200 elected officials coming from cities that are affected by major airports. He mentioned
that he obtained some good ideas from FAA representatives that might be used for the City's
airport problems. He advised that pressure is being placed on the United States by Europe to
reduce noise by using Stage IV aircraft. He mentioned that the noise problems are from aircraft -
that have been retrofitted with hush kits.
Commissioner Mikes recommended that the City contact the Broward County Aviation to install
some landscaping and buffering at the Trails End site and that grocery stores be required to
provide a shopping cart plan. City Attorney Ansbro advised that supermarkets have lobbyist
support and that there is a statute prohibiting political subdivisions from imposing any fees or
penalties when carts are taken off store premises. City Attorney Ansbro agreed to provide an
ordinance at the next meeting from the City of Kissimmee, which encourages grocery stores to
work with Cities. Commissioner Mikes mentioned the liability that is being imposed on the City
with City employees picking up grocery carts.
Commissioner Mikes mentioned that costs with Hollywood are still much higher than with Dania
Beach except for the costs with the Fire Department. He recommended that politics be removed
from the budget this year and that costs be brought more in line with other cities so that more
resources could be provided to the community instead of given away for political support in the
next election. Commissioner Mikes mentioned that the City has kept the millage rate low for a
number of years and he was of the opinion that the City may not be experiencing the current
financial problems had three votes been available to remove the past city manager earlier.
10.4 Vice-Mayor Chunn —no comments
10.5 Mayor Flury advised that the City Commission has not been able to review the budget yet as the
budget figures that were released to the public are preliminary and that a budget workshop is
scheduled Thursday, July 26th to discuss it further.
Mayor Flury advised that Dr. George Hanbury had selected a dozen or more applicants from the
resumes that have been received and that there may be a need for a workshop meeting to be
•
scheduled to discuss the selection and interview process.
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 13 JULY 24, 2001
Mayor Flury requested an explanation on the trees that were cut down on Dania Beach
Boulevard. Acting City Manager Nunemaker agreed to look into the matter as he thought it may
have something to do with the grant improvements proposed for the location.
Commissioner Mikes advised that plans relating to cutting trees should be brought before the City
Commission based on the fact that it takes so many years for trees to grow back. He mentioned
the need for Public Works projects to be better planned and properly documented so that projects
are handled in a more professional manner.
Mayor Flury stated that Public Works spends an estimated $150,000 in overtime costs per year,
which is outrageous, and that this kind of spending must be looked at very carefully in the budget
process.
Mayor Flury expressed appreciation to Chief Anton and Deputy Pato on the crime report and
security lighting report provided to the City Commission.
The Miami Herald was asked to change its notice of Dania Beach Commission meetings to 7:00
p.m.
11. DISCUSSION AND POSSIBLE ACTION:
ITEM 11.1 WAS HEARD AFTER COMMISSION COMMENTS
11.1 Request by Story Theatre Productions, Inc. to use I.T. Parker Community Center free of
charge on Friday, October 26, 2001, for annual fundraiser. (Staff)
0 The petitioner was not present.
Acting City Manager Nunemaker asked if the City Commission had any input on how they wish
to proceed with requests that come in from non-profit organizations to waive fees to use the I.T.
Parker Community Center. He advised that staff recommends that waivers be allowed for
organizations benefiting the City only.
Commissioner Bertino commented on the organizations that have been granted waivers and
agreed that the waivers must be kept at a minimum as the facility costs money to operate.
A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, denying
the request for waiver.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
ITEM 12 WAS HEARD AFTER ITEM 11.1.
ITEM 11.2 WAS HEARD AFTER ITEM 7.5 .
11.2 Request by Samuel Weiss, President of Mada'n Kosher Foods, to place a temporary
trailer and freezer on the vacant lot south of 132 SW 3Id Avenue. (Staff)
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 14 JULY 24, 2001
Samuel Weiss , President of Mada'n Kosher Foods, advised that his company makes meals for
the Federal prison system and that a fire recently destroyed a freezer and all the food that was
stored in the freezer.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the
freezer trailer for 90 days and 45 days for the office trailer with the understanding that the office
trailer be placed in the field to the side of the building.
The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent at
this time.
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
ITEM 9.1 WAS HEARD AFTER ITEM 11.2.
ITEM 12 WAS HEARD AFTER ITEM 11.1.
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 3 members to Dania Economic Development Board.
12.5 Appointment of 2 members to Human Relations Board.
12.6 Appointment of 2 members to the Marine Advisory Board.
12.7 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board.
12.8 Appointment of 5 members to Parks, Recreation and Community Affairs Advisory Board.
13. ADMINISTRATIVE REPORTS:
13.1 City Manager - Report on Grants from Broward County.
Acting City Manager Nunemaker restated that the City is currently in the process of receiving
some $5 million in grants and that he would report back on the tree cutting program on Dania
Beach Boulevard. Commissioner Mikes mentioned that there is a communication problem that
exists with projects of this type and that these matters must come before the City Commission
before they are started.
13.2 City Attorney Ansbro reported that Broward County should be completing the entryway sign at US
1 and New Griffin Road by October 1.
City Attorney Ansbro advised that the law firm of Broad & Cassels has an independent attorney
who is willing to review, free of charge to the City, the Tigertail Lake litigation with Ryan Eastern,
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 15 JULY 24, 2001
• Inc. to determine if City Engineers, Calvin, Giordano & Associates, are liable for any wrong doing.
However, he wanted to report that Broad & Cassels is also the law firm representing the
Meadowbrook Lakes Condominium Association in the stealth antenna issue and that the City
would have to agree to the mayor signing a letter waiving any conflict of interest to receive these
free services.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, waiving the
conflict of interest.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Chunn-yes
Commissioner McElyea-yes Mayor Flury-yes
Commissioner Mikes-yes
Beulah Lair reported that she received a letter from John Rodstrom, County Commissioner,
advising that the Broward County Aviation Department would be covering the fence with some
type of material to screen the dumpsters and debris at the Trails End property site.
14. ADJOURNMENT
This meeting was adjourned at 9:00 p.m.
PAT FLURY, MAYOR
CHARLENE J014kJON
ACTING CITY CLERK
APPROVED: August 14, 2001
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 16 JULY 24, 2001