HomeMy WebLinkAbout1744 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
AUGUST 14, 2001
7:00 P.M.
1. CALL TO ORDER:
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Reverend Dilbert D. King, Dania United Methodist Church
3. ROLL CALL:
Present:
Mayor: Pat Flury
Vice-Mayor: Robert Chunn
Commissioners: C.K. McElyea
Bob Mikes
City Attorney: Tom Ansbro
Acting City Manager: Jason Nunemaker
Recording Clerk: Nanci Denny
Absent:
Commissioner John Bertino
Acting City Clerk Charlene Johnson
On behalf of the City Commission, City Administration, City employees and the
residents of Dania Beach, Mayor Flury extended deep sympathy to Commissioner
Bertino, his wife Barbara and their children, Stefanie and Jason, in the recent passing of
their son and brother, Michael.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn to
excuse Commissioner Bertino from this meeting. The motion passed unanimously.
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.
04.1 Bob Adams, on behalf of the Supervisor of Elections Office, advised the public about
various demonstrations on several new voting systems. ,
MINUTES 1 REGULAR MEETING
4.2 Faye Bartelmes was present to complain about the trash along Stirling Road and US 1
as well as the overgrown grass in the lot next to the check cashing store on Federal
Highway and requested that Main Street be cleaned up. She also requested that
another trash can be placed along the 100 block of South Federal Highway.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Request by Design Center of the Americas Phase III to hold a Grand Opening on
September 29, 2001, from 7:00 p.m. to 12 midnight.
Laurence Leeds, Growth Management Director, advised that DCOTA was
planning a Grand Opening event on September 29 and were expecting
approximately 8,000 guests. He explained that there were not enough spaces
for parking on their own property to conduct the activity so they have directed
their guests to park at various tri-rail stations throughout Broward County and
have engaged shuttle buses for transportation to and from the DCOTA.
Laura Colletti, producing the event for DCOTA, advised that she met with Lt.
Fondo from BSO with regard to regulating traffic flow.
Detective Pato, BSO, advised that complaints have been registered from the
Hilton and Sheraton Hotels about their parking lots being used for special events
in the past and he asked Ms. Colletti if any arrangements had been made to
ensure that their parking spaces would not be used. Ms. Colletti advised
Detective Pato that both hotels had been contacted; that the Sheraton Hotel was
willing to allot a certain number of spaces for the event; and that steps would be
taken to prevent the use of their parking spaces.
A motion was made by Commissioner Mikes, seconded by Commissioner
McElyea, to approve the request as long as the public safety divisions are
comfortable with the arrangements. The motion passed on the following roll call
vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
5.2 BSO "Employees of the Month" award recognizing Neighborhood Response
Team members:
Sergeant Alvin Pollock
Deputy Ronald Miller
Deputy Chris Hickox
Deputy Melvin Murphy
Deputy Michael Tame
• Chief Anton introduced his new Executive Officer, Lt. James Fondo. Lt. Fondo
assisted Chief Anton in presenting awards to the Neighborhood Response Team of
Sgt. Pollock, Deputy Miller, Deputy Hickox, Deputy Murphy & Deputy Tame, who
MINUTES 2 REGULAR MEETING
have helped mobilize the City of Dania Beach in their fight against narcotics and
prostitution.
6. PROCLAMATIONS:
6.1 A proclamation declaring the week of September 16-22, 2001, as "National
Pollution Prevention Week" in the City of Dania Beach.
Acting City Manager Nunemaker read the proclamation in its entirety.
Commissioner Mikes expressed his support of the proclamation.
ITEMS 7.4a, 7.4d, 7.4e, 7.4g AND 7.5a WERE PULLED FROM THE CONSENT AGENDA
7. CONSENT AGENDA (including expenditures):
7.1 Bills: - none
7.2 Minutes:
a) Approval of minutes for September 28, 2000, Special Budget Meeting.
b) Approval of minutes for September 28, 2000, Workshop Meeting.
c) Approval of minutes for December 14, 1999, Regular Meeting.
d) Approval of minutes for June 25, 2001, Special Meeting.
e) Approval of minutes for July 24, 2001, Regular Meeting.
• f) Approval of minutes for July 26, 2001, Budget Workshop Meeting.
g) Approval of minutes for July 26, 2001, Special Meeting.
h) Approval of minutes for August 2, 2001, Budget Workshop Meeting.
7.3 Travel Expenditures:
a) August 30- Approval for Sheryl Chapman to attend State PRIMA South
Florida Chapter Conference in Hialeah.
b) October 10-12-Approval for Jason Nunemaker to attend Florida
Redevelopment Association and Florida Main Street Conference in Miami.
7.4 Resolutions:
b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE VARIOUS SETTLEMENT
DOCUMENTS ON BEHALF OF THE CITY OF DANIA BEACH WITH JEREMIAH
J. KELLY AND DOROTHY M. KELLY PERTAINING TO PENDING LITIGATION IN
STATE COURT; FURTHER, PROVIDING AN EFFECTIVE DATE.
c) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
SETTLEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH MARTIN
KONSCHNIK AND FLORENCE KONSCHNIK PERTAINING TO PENDING
LITIGATION IN STATE COURT AND REPEALING THE ALLEY VACATION AND
CLOSURE AUTHORIZED IN CASE NO. VC-89-99; FURTHER, PROVIDING AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
THIRD ADDENDUM TO THE WATER AND SEWER AGREEMENT BETWEEN
MINUTES 3 REGULAR MEETING
THE CITY OF DANIA BEACH AND DESIGN CENTER OF THE AMERICAS
LIMITED PARTNERSHIP AND DCOTA DEVELOPMENT COMPANY LIMITED
• PARTNERSHIP; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
h) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO
THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS
IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2001; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
i) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO
THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA
BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND
THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF
FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2001; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
j) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO
• THE PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED
BY THE CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2001; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
k) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
GRANT AWARD AGREEMENT AND ADDENDUM BETWEEN THE CITY OF
DANIA BEACH AND STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION
OF HISTORICAL RESOURCES, FOR THE RENOVATION OF THE HISTORIC
NYBERG-SWANSON HOUSE PHASE II; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL DOCUMENTS AS THE AUTHORIZED REPRESENTATIVE OF
THE CITY FOR GRANT NO. SC248; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
1) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO FILE A GRANT APPLICATION FOR THE
ACQUISITION OF LAND FOR THE COMPLETION OF GRIFFIN MARINE PARK,
UNDER THE FLORIDA COMMUNITIES TRUST PRESERVATION 2001 GRANT
PROGRAM IN PARTNERSHIP WITH BROWARD COUNTY WITH A TOTAL
ACQUISITION COST OF $416,000; PROVIDING FOR A CASH MATCH NOT TO
EXCEED $83,200 OR TWENTY PERCENT OF THE TOTAL ACQUISITION
• COSTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES 4 REGULAR MEETING
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn,
to approve the Consent Agenda with the exception of Items 7.4(a), 7.4(d), 7.4(e),
7.4(g) & 7.5(a). The motion passed on the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes —yes Mayor Flury - yes
ITEMS PULLED FROM THE CONSENT AGENDA
7.4 Resolutions:
a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ENCOURAGING BROWARD COUNTY AND THE MUNICIPALITIES
LOCATED WITHIN BROWARD COUNTY TO PURSUE CABLE TELEVISION
SERVICE ALTERNATIVES; PROVIDING AN EFFECTIVE DATE.
Commissioner Mikes expressed concern over the increase in cable costs as well
as the lack of good service.
A motion was made by Commissioner Mikes, seconded by Commissioner
McElyea to approve the Resolution. The motion passed on the following roll call
vote:
Commissioner McElyea—yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
d) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
DESIGN/BUILD CONTRACT WITH RECREATIONAL DESIGN AND
CONSTRUCTION, INC. IN CONJUNCTION WITH THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT FOR
IMPROVEMENTS TO FROST PARK; AUTHORIZING THE SCOPE OF
SERVICES FROM RECREATIONAL DESIGN AND CONSTRUCTION, INC. TO
BE COMPLETED UNDER THE COOPERATIVE PURCHASE AGREEMENT WITH
BROWARD COUNTY "ACCESSIBILITY COMPLIANCE AND MISCELLANEIOUS
PROJECTS" RLI#042095-RB, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes expressed concern over the lack of competitive bids. He
also felt that the project should be discussed in a Workshop Meeting to structure
it in a way that would include improvements to all the neighborhood parks.
Item 7.4(d) was continued until after a Workshop Meeting could be held.
e) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AN
ENGAGEMENT LETTER SUBMITTED BY S. DAVIS & ASSOCIATES, P.A. TO
PROVIDE AUDITING SERVICES FOR THE CITY OF DANIA FOR THE FISCAL
YEARS ENDING SEPTEMBER 30, 2001, 2002 AND 2003; PROVIDING FOR AN
ANNUAL FEE NOT TO EXCEED $45,000.00; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Commissioner Mikes was uncomfortable extending the number of years with the
same auditing firm. He felt that auditing services should be rotated on a regular
basis.
MINUTES 5 REGULAR MEETING
David Keller, Finance Director, requested that the Commission consider
• extending the services for at least one year.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
amend the resolution to provide for a one year extension. The motion passed on
the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
adopt the resolution as amended. The motion passed on the following roll call
vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
g) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
GOVERNMENT SERVICES GROUP, INC. AND THE CITIES OF DANIA BEACH,
POMPANO BEACH, HALLANDALE BEACH AND PEMBROKE PINES ("THE
COALITION") FOR THE PREPARATION OF A PHASED REVIEW OF
COALITION'S CURRENT AGREEMENT FOR SOLID WASTE DISPOSAL
• SERVICES WITH WASTE MANAGEMENT, INC.; PROVIDING FOR CONFICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes asked City Attorney Ansbro for an explanation.
City Attorney Ansbro explained that the study was one of two phases to look at
the likelihood of questioning the service that was currently being provided by
Waste Management.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn to
adopt the Resolution. The motion passed on the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
7.5 Ordinances — Title to be read by city attorney
a) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA APPROVING A PCS SITE AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND SPRINT SPECTRUM, L.P. PERTAINING TO THE
PLACEMENT OF A PERSONAL COMMUNICATIONS SERVICE SYSTEM
FACILITY ON A PARCEL OF LAND LOCATED AND OWNED BY THE CITY OF
DANIA BEACH AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED
• EXHIBITS TO THE AGREEMENT; AUTHORIZING AND DIRECTING THE
EXECUTION OF THE PCS SITE AGREEMENT; PROVIDING FOR REVISIONS;
PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE;,
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
MINUTES 6 REGULAR MEETING
City Attorney Ansbro read the ordinance title.
Commissioner McElyea advised that when the subject property was donated to
the City of Dania, it had a reverter clause attached to it which prohibited any
portion of the property being used for profit. City Attorney Ansbro was directed to
research the issue.
A motion was made by Commissioner Mikes, seconded by Commissioner
-McElyea,-to adopt the Ordinance on first reading. The motion passed on the
following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
8. BIDS AND REQUESTS FOR PROPOSALS - None
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 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. (Second reading and public
hearing)
City Attorney Ansbro read the ordinance title.
Laurence Leeds explained that this ordinance reduces the fee for sign
adjustments in the downtown development district and reduces the requirements
in terms of notification and advertising. Mr. Leeds indicated that the sign
adjustment process would only be available in the downtown development
district. He advised that Staff and the Planning & Zoning Board recommended
approval.
Mayor Flury opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
adopt the ordinance on second reading. The motion passed on the following roll
call vote:
• Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
MINUTES 7 REGULAR MEETING
9.2 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)
City Attorney Ansbro read the ordinance title.
Laurence Leeds explained that the ordinance increases the requirements to build
a duplex as follows: it increases the minimum lot area from 6,000 square feet to
8,000 square feet; it increases the minimum lot width from 60 feet to 80 feet and
it also increases the side yard setback from 7 feet to 15 feet. He advised that
Staff and the Planning & Zoning Board recommended approval.
Mayor Flury opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn,
to adopt the ordinance on first reading. The motion passed on the following roll
call vote:
• Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
MINUTES 8 REGULAR MEETING
9.3 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. (Second Reading)
City Attorney Ansbro read the ordinance title.
Laurence Leeds explained that the ordinance was requested by Mainstreet as a
way of encouraging restaurant and entertainment type uses in the downtown
area by providing for more lenient parking requirements in the downtown district.
Mr. Leeds suggested that Section 6.21(d) be changed by striking the words
"retail or office" in the first sentence. He also requested that a time frame of
three (3) years be included in Section 6.21(f).
Mayor Flury opened the public hearing.
Patty Hart, Realtor, questioned the setback requirements. Laurence Leeds
advised that the setback requirements are very minimal in the downtown area
and would not allow much parking.
Commissioner Mikes questioned the last sentence in Section 6.21(d). Laurence
Leeds advised that the word "seats" should be added after the word "fixed".
iMayor Flury closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
amend the ordinance by striking the words "retail or office" in Section 6.21(d) and
by adding "seats" after "fixed" at the end of the sentence; and by inserting a time
frame of "three (3) years" in Section 6.21(f). The motion passed on the following
roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes —yes Mayor Flury - yes
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
adopt the ordinance as amended, on second reading. The motion passed on the
following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
9.4 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;
MINUTES 9 REGULAR MEETING
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro read the ordinance title.
Laurence Leeds explained that this ordinance eliminates the requirement of
applying for a variance to sell beer and wine within the downtown district, when a
business is located within 1,000 feet of a church. He requested that "meeting
hall with or without fixed seats" be added at the end of Sec. 4.201(2) after
"amusement arcade".
Commissioner Mikes felt that the separation requirement was not clear. He
suggested that the last sentence of the last paragraph in Section 4.201(2) be
changed to read "Additionally, the separation requirement shall apply to a
theatre, playhouse, lodge hall, private club, amusement arcade or meeting hall
with or without fixed seats".
Mayor Flury opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Commissioner
McElyea, to amend the ordinance by changing the last sentence of the last
paragraph in Section 4.201(2) to read "Additionally, the separation requirement
shall apply to a theatre, playhouse, lodge hall, private club, or amusement arcade
® and meeting hall with or without fixed seats". The motion passed on the following
roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
A motion was made by Commissioner Mikes, seconded by Commissioner Mc
Elyea, to adopt the ordinance as amended, or second reading. The motion
passed on the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
9.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS
CONSIDERING THE AMENDMENT OF ZONING REGULATIONS THAT LIMIT THE
LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY TO
SPECIFIED ZONING DISTRICTS IF IN COMPLIANCE WITH THE ESTABLISHED
DISTANCE FROM CERTAIN SPECIFIED USES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING,FOR AN EFFECTIVE DATE.
Laurence Leeds requested approval.
Mayor Flury opened the public hearing. Hearing no one speak in favor of or in
opposition to the resolution, the public hearing was closed.
MINUTES 10 REGULAR MEETING
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
adopt the resolution relating to Zoning in Progress. The motion passed on the
• following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yes Mayor Flury - yes
9.6 SP-27-01- Request for Site Plan approval by Stuart Maclver, representing
Franco's Auto Repair, for property located at 167 North Federal Highway.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY FRANCO'S AUTO REPAIR, FOR PROPERTY
LOCATED AT 167 NORTH FEDERAL HWY, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Stuart Maclver, representing the applicant, gave a brief history on the subject
property and then requested approval of the site plan.
Laurence Leeds advised that Staff and the Planning & Zoning Board
recommended approval of the Site Plan as submitted. Mr. Leeds asked Mr.
Maclver for a statement of intent to agree with a nine (9) month completion date.
Mr. Maclver agreed with the nine (9) month completion date.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to
• approve the site plan. The motion passed on the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes — yesMayor Flury - yes
10. COMMISSION COMMENTS:
10.1 Commissioner Bertino - absent
10.2 Commissioner McElyea congratulated the Mayor for conducting a speedy
meeting.
10.3 Commissioner Mikes expressed his family's condolences to Commissioner
Bertino's family. Commissioner Mikes was uncomfortable with the new agenda
format and suggested that the previous method be used. He requested monthly
reports from Department Heads. He also expressed concern over wrong
information with regard to occupational licenses for rentals units.
10.4 Vice-Mayor Chunn had no comments.
10.5 Mayor Flury asked for a report on the trees on Dania Beach Boulevard. Acting
City Manager Nunemaker advised that a $100,000.00 grant was secured through
the Florida Department of Transportation for improvements which were currently
underway to replace the trees and landscaping as well as the installation of
interlocking pavers.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Request by Zelch and McMahon, Architects, representing AMO/RTM-Star
Center, to approve Boat Monument.
MINUTES 11 REGULAR MEETING
Dave Zelch, Architect, was present to request approval of placing a 20 foot
rescue boat on a 6 foot pylon in front of the AMO/Star Center headquarters
located at 2 West Dixie Highway. Mr. Zelch presented a plan for landscaping
around the structure.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn,
to approve the placement of the boat monument at 2 West Dixie Highway. The
motion passed on the following roll call vote:
Commissioner McElyea —yes Vice-Mayor Chunn — yes
Commissioner Mikes —yes Mayor Flury - yes
12. APPOINTMENTS: No appointments were made.
12.1 Appointment of 4 members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING
THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
12.2 Appointment of 1 member to the Budget Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY BOARD; PROVIDING
THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12.00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
12.3 Appointment by Commission of one (1) Alternate for citizen member to the Civil
Service Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF ONE (1) ALTERNATE FOR THE CITIZEN MEMBER TO THE CIVIL
SERVICE BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A FOUR-YEAR
TERM FROM APRIL 1, 2000 THROUGH APRIL 1, 2004; PROVIDING FOR CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.4 Appointment of 4 members to Dania Economic Development Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;"
PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING
12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
12.5 Appointment of 2 members to Human Relations Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
• THE APPOINTMENT OF MEMBERS TO THE "HUMAN RELATIONS BOARD;" PROVIDING
THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
MINUTES 12 REGULAR MEETING
12.6 Appointment of 2 members to the Marine Advisory Board.
• "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING
THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
12.7 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF ONE (1) ALTERNATE TO THE NUISANCE ABATEMENT BOARD;
PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO-YEAR TERM EXPIRING 12:00
NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
12.8 Appointment of 5 members to Parks, Recreation and Community Affairs Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY
AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO
(2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
13. ADMINISTRATIVE REPORTS:
• 13.1 City Manager Nunemaker advised of the demonstrations by the Supervisor of
Elections Office on the proposed electronic voting equipment.
13.2 City Attorney Ansbro advised that the ordinance dealing with the retrieval of
shopping carts would be ready for the next meeting.
14. ADJOURNMENT
The meeting adjourned at 8:50 p.m.
PAT FLURY
MAYOR-COMMISSIONER
ACTING CITY C ERK
APPROVED: August 28, 2001
MINUTES 13 REGULAR MEETING