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HomeMy WebLinkAbout1746 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 28, 2001 1. CALL TO ORDER: 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Dilbert King, Dania United Methodist Church 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. 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. 5.1 Faye Bartelmes stated that George Land, a long time citizen, advised her that the City has a law requiring shop keepers to clean the sidewalks in the front areas of the businesses and that they are also required to pick up debris and trash. She was displeased that the Ordinance did not appear to be enforced since a dead dog was left a long time near the Check Cashing Store at the Jaxson's Shopping Center. She also asked that the property located at 28 North Federal Highway be cleaned up and was of the opinion that the owner should donate the property to the City. Mayor Flury requested that Acting City Manager Nunemaker research the matter. 5.2 Michael Nolan explained that the Broward County Human Rights Ordinance bans discrimination in four areas: 1)Employment, 2.Housing, 3. Public Accommodation, 4) Finance rights relating to receiving loans. The Broward County Commission amended the Human Rights Ordinance five years ago to include sexual orientation. The Ordinance and the Boy Scouts of MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 AUGUST 28, 2001 America were coexisting peacefully for five years until a Supreme Court decision and a Broward School Board policy changed the relationship with the Boy Scouts. Mr. Nolan stated that the change had nothing to do with the Human Rights Ordinance and he was of the opinion that a National Conservative Extremist Group is deceptively campaigning currently in Broward County to promote discrimination against sexual orientation. Mr. Nolan warned anyone who is against discrimination to read carefully any petition they may be presented in person or through the mail referencing the Human Rights Ordinance. Mr. Nolan advised that the petition drive ends September 17th and he presented a sign that is available for residents to display in their yards. 5.3 Vito Mancino urged the City Commission to address the eyesore problem created by the old water tower located on Stirling Road. Acting City Manager Nunemaker agreed to review the matter. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Resolution from Dania Beach Heights, College Gardens and NW Byrd Pointe Community Organizations in support of a Community Center within the Southwest Neighborhood. Albert Jones read the resolution in its entirety supporting a Community Center within the Southwest Neighborhood, which was adopted by the three organizations on August 20th. He requested that the Resolution be made a part of the record (Resolution Attached). Mr. Jones clarified that the center could be built from funds received from the 28th year CDBG grant program. He encouraged the City to also commit additional funding that may be necessary to complete the project. Mr. Jones stated that unity exists between the three organizations and that the request is genuine and without any political motivation. Bobbie Grace, 110 NW 8th Avenue, President of the Northwest Byrd Pointe Association, endorsed the Resolution supporting the Community Center in the Southwest Neighborhood and the use of the 28th year CDBG grant funds for the project. She mentioned that current CDBG grant funding is being utilized to build a second Senior Citizens Building in the northwest section and that plans are underway to eventually include a Community Center named after Mildred Bryant. Mayor Flury confirmed that the City Commission recognizes the request and that the Resolution would be made a part of the minutes and commended all three organizations for working together on the proposal. ITEM 11.1 WAS HEARD AFTER ITEM 5.1. ITEM 5.2 WAS HEARD AFTER ITEM 8. 5.2 Report on Port 95 Committee by Jay Field, Chairman of the Airport Advisory Board. Jay Field, Chairman of the Airport Advisory Board, explained that an Ad Hoc Committee was established to address the sign issue for Port 95 and that the board recommends the following: 1. The City reject the Sign Agreement with Port 95. The City takes over the landscaping of SW 30th Avenue and uses the sign for Dania Beach purposes. 2. Ask the City of Hollywood to work with Dania Beach to devise a routing agreement for truck traffic on SW 301h Avenue (neighbor traffic count attached). 3. Pass a resolution asking the City of Hollywood to stop motorcycles and other vehicles from drag racing day and night on SW 42 Street in the Port 95 development. MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 AUGUST 28, 2001 Mr. Field explained a recent accident involving a motorcycle that killed a dog and injured a resident who was hospitalized. He also urged the City Commission to make future plans to discuss the maintenance of the bridge on SW 30th Avenue that is being impacted by the truck traffic. Commissioner Mikes advised that a joint meeting is being scheduled with the City of Hollywood and that these matters should be placed on that agenda for discussion. 6. PROCLAMATIONS: None ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Item 7.11 and 7.12. 7. CONSENT AGENDA (including expenditures): Bills: 7.1 Approval of bills for the month of July, 2001. Minutes: 7.2 Approval of minutes for August 14, 2001, regular meeting. Travel Expenditures: 7.3 September 12-Approval for Jim Baker to attend Florida Water & Pollution Control Operations Association seminar in Palm Beach Gardens. 7.4 September 6-8-Approval for Vern Johnson to attend NAPP (National Association of Photoshop Professionals) in Tampa. 7.5 August 3-6-Ratification of approval for Bruce Caruso, Patrick Patterson, and Michael Bernardo's attendance at National Fire Academy in Emmitsburg, Maryland. Resolutions: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE FIRST AMENDMENT TO THE 26T" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SOUTHWEST NEIGHBORHOOD BEAUTIFICATION - PHASE V, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, TO PROVIDE AN EXTENSION OF THE PROJECT THROUGH JANUARY 31, 2002; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR INSTALLATION OF FLOATING DOCK AT WHISKEY CREEK (REFERENCED AS OCEAN PARK DOCK) PURSUANT TO THE BROWARD BOATING IMPROVEMENT GRANT PROGRAM FOR FISCAL YEAR 2001/02; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE BROWARD COUNTY URBAN FOREST INITIATIVE TO INCREASE THE TREE CANOPY IN BROWARD COUNTY; PROVIDING AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ABOLISHING THE OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 AUGUST 28, 2001 Ordinances —Title to be read by city attorney 7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO SHOPPING CARTS; AMENDING CHAPTER 22 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS" TO .CREATE ARTICLE IV, TO BE ENTITLED "GENERAL REGULATIONS" AND SECTION 22-70 TO BE ENTITLED "SHOPPING CART RETENTION AND RETRIEVAL", TO REQUIRE BUSINESS ESTABLISHMENTS UTILIZING SHOPPING CARTS TO ADOPT AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance in Item 7.10. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of items 7.11 and 7.12. 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 ITEMS PULLED FROM THE CONSENT AGENDA: 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ® ORDINANCES RELATING TO RETIREMENT DATES, PROVIDING THAT MEMBERS MAY ATTAIN VESTED STATUS IN THE PENSION PLAN ON COMPLETION OF EIGHT (8) YEARS OF CREDITED SERVICE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance. Commissioner Mikes suggested that the Ordinance be continued as it was not appropriate to be heard at this time and should be included as part of the employee contract negotiation process. Mayor Flury mentioned that the City. Commission has,entrusted the General Employees Pension program to the Trustees of the Board and asked Attorney Ansbro for clarification. Attorney Ansbro was unable to provide legal clarification in regards to the pension programs. Chuck Cook, Chairman of the General Employees Pension Plan, explained that the Board's Attorney, Ken Harrison, advised the Board of Trustees that they have the right to request the vesting requirements to be changed and that the ordinance would not be part of union negotiations. Commissioner Mikes mentioned that there may be employees desiring five years vesting and that the City also gives credit for other service where an employee could receive a pension after only working three years. Commissioner Mikes was of the opinion that the Ordinance belonged in the contract negotiations and should be addressed after the total cost on taxpayers is available from the negotiations. MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 AUGUST 28, 2001 Commissioner Bertino agreed that the Pension Board has the right to request the Ordinance, however, he pointed out that the City Commission has the right to accept or reject the ordinance. He agreed with Mayor Flury that City Attorney Ansbro should provide clarification on the matter. A motion was made by Commissioner Mikes, seconded by Commission McElyea, deferring the Ordinance for legal counsel review. 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 ADDENDUM: 7.12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ENCOURAGING BROWARD COUNTY TO CONDUCT MORE COMPREHENSIVE AIR QUALITY ANALYSIS TO IMPROVE QUALITY OF LIFE AND PUBLIC HEALTH STANDARDS IN BROWARD COUNTY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes mentioned that the City is currently involved in the Federal EIS (Environmental Impact Statement) process and that EPA (Environmental Protection Agency) presented a 14-page response to the EIS that was severely critical of the way the Broward County Aviation Department handles air quality issues in Broward County. He read the resolution into the record, which was directed to be sent to all Broward Municipalities, Broward League of Cities, Broward Legislative Delegation, Broward County Commission, EPA and the Governor of Florida. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the resolution. 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 9.6 WAS HEARD AFTER ITEM 7.12. 8. BIDS AND REQUESTS FOR PROPOSALS: ITEM 8.1 WAS HEARD AFTER ITEM 11.2. 8.1 a) Recommendation from Siver Insurance Consultants. George Erickson, Siver Insurance Consultants, located in St. Petersburg, Florida, explained that his company was hired to develop an insurance RFP for the City that was advertised extensively. Four proposals were received on the various property and casualty and workers' compensation insurance coverages: Risk Management Associates, Florida League of Cities Florida Municipal Insurance Trust, McKinley Financial Services and The Beacon Group. Of the four, the Florida League of Cities and Risk Management Associates proposals included substantially all of the coverages requested and the other two bidders proposed partial coverages. Mr. Erickson clarified that there is a significant increase in cost on both insurance coverages and that the letter of is recommendation provides an explanation. He explained that the basic reason for the increase MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 AUGUST 28, 2001 related to a good deal that was struck with the Florida Municipal Trust in October 1999 when the market was so competitive that provided a two-year guaranteed rate and premium program that was not to be audited no matter what changes were made to property values or payroll. The market has since changed and rates have increased as well as the basis for the premiums. Mayor Flury mentioned that she understood that there were properties that were not insured in the past. Sheryl Chapman, Administrative Services Director, explained that the I.T. Parker Center was significantly under valued compared to its current value of$2.4 or $2.5. Mr. Erickson stated that the program with Risk Management Associates would also require additional costs to conduct an appraisal of the property values within 60 days from October 1st, which would result in an adjustment to the premium rate. Mr. Erickson estimated the appraisal costs to the City to be between $5,000 and $10,000.00. Commissioner Bertino confirmed with Mr. Erickson that Siver Insurance Consultants would not receive any commissions, fees or remunerations from any of the companies that are being recommended for placement for coverage. In regards to Hurricane and/or Wind Damage Insurance, Mr. Erickson explained that FEMA requires municipalities to buy insurance to the extent that its available and that FEMA will reimburse the City's deductibles. However, FEMA is not intended to reduce insurance costs, but, rather, to supplement existing municipal insurance programs. The standard amount is for cities to purchase insurance to the extent that it is commercially reasonable and available. Commissioner McElyea asked how the appraisals would be used for calculating replacement cost. . Mr. Erickson advised that the insurable value of the property that is determined by the appraisal is what is used as the estimated cost to replace the existing property or structure itself. b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF VARIOUS PROPERTY AND CASUALTY INSURANCE SERVICES IN THE AMOUNT OF $385,242 FROM COREGIS INSURANCE THROUGH RISK MANAGEMENT ASSOCIATES; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE APPROPRIATE DOCUMENTS TO BIND COVERAGE THROUGH RISK MANAGEMENT ASSOCIATES FOR REAL AND PERSONAL PROPERTY COVERAGE, BOILER AND MACHINERY COVERAGE, MISCELLANEOUS PROPERTY COVERAGE, ELECTRONIC DATA PROCESSING COVERAGE, CRIME COVERAGE, GENERAL LIABILITY COVERAGE, AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE COVERAGE, PUBLIC OFFICIALS ERRORS AND OMISSIONS COVERAGE, AND EMPLOYMENT PRACTICES LIABILITY COVERAGE; PROVIDING FOR CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Bertino, to adopt the resolution approving the various property and casualty insurance services with Coregis Insurance through Risk Management Associates. 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) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE WORKERS' COMPENSATION INSURANCE COVERAGE IN THE AMOUNT OF $347,008 FROM THE FLORIDA MUNICIPAL MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 AUGUST 28, 2001 INSURANCE TRUST; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE APPROPRIATE DOCUMENTS TO BIND COVERAGE THROUGH THE FLORIDA MUNICIPAL INSURANCE TRUST FOR WORKERS' COMPENSATION COVERAGE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Commissioner Bertino clarified with Mr. Erickson that Workers' Compensation is based on job classifications and he inquired as to whether an accounting of the job classifications had been conducted and were found to be correct. Mr. Erickson advised that his company adjusted payrolls according to the National Council of Compensation Insurers and CCI's regulations, which reduced the initial proposed premiums. Commissioner Bertino questioned whether the employee classification of Long Shoreman was included. Sheryl Chapman advised that Long Shoreman would be for an employee working on a pier and that the City does not have any employees working on the pier. Commissioner Bertino was concerned that employees working on the boat that the City received a few years ago through a grant program may be classified as Long Shoreman. Ms. Chapman advised that those employees working on the boat are classified as Maintenance Workers for Workers' Compensation purposes as the majority of their work is maintenance. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, to adopt the resolution approving Workers' Compensation coverage with Florida Municipal Insurance Trust. 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 ADDENDUM: 8.2 a) Recommendation from Siver Insurance Consultants for various Employee Benefit Program coverages. Brenda Sadler, Siver Insurance Consultants, explained that nine proposals were received for medical coverage; one proposal being fully insured and the other eight proposals being self-funded proposals with stop loss coverage. Siver is recommending Maxon Administrators for the Third- Party Administrator and Stop Loss Coverage through Trustmark. She stated that employees will have the same level of coverage and that the only variation to coverage is the inclusion of an Employee Assistance Program to allow benefits in addition to the regular mental health benefits. Ms. Sadler advised that the City would receive one dedicated claims examiner with Maxon and other backup persons as needed and that the company is located close by in Fort Lauderdale. There is a reduction in cost of the medical insurance but there is no reduction in benefits or value of the programs. Commissioner Bertino questioned how run-out claims would be handled. Ms. Sadler advised that run out claims can be handled two ways; 1) leave the coverage with the current administrator as the Stop Loss coverage provides a three month run-out period; 2) Maxon could handle the run-out claims for an additional administrative fee. There are claims that can run past the three-month period and all run-out claims should be paid on a timely basis towards the end of the plan year. Ms. Sadler mentioned that the City is always facing a potential for claims to run outside the stop loss contract. b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE THIRD PARTY CLAIMS MINUTES ' REGULAR MEETING CITY OF DANIA BEACH 7 AUGUST 28, 2001 ADMINISTRATION, UTILIZATION MANAGEMENT, MEDICAL CARE MANAGEMENT, NETWORK ACCESS, COBRA ADMINISTRATION, HIPAA ADMINISTRATION, DENTAL CLAIMS ADMINISTRATION, VISION CLAIMS ADMINISTRATION, MENTAL HEALTH CLAIMS ADMINISTRATION, EMPLOYEE ASSISTANCE PROGRAM ADMINISTRATION, DISABILITY CLAIMS ADMINISTRATION, SUPPLEMENTAL PLANS CLAIMS ADMINISTRATION, STOP-LOSS COVERAGE AND CASE MANAGEMENT AS SET FORTH IN THE PROPOSAL FROM MAXON ADMINISTRATORS, INC; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE APPROPRIATE DOCUMENTS ACCEPTING THE TERMS AND CONDITIONS PROVIDED IN THE PROPOSAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, to adopt the resolution approving Maxon Administrators, Inc. as the Third Party Claims Administrator for the Plan. 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) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE GROUP LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE AS SET FORTH IN THE PROPOSAL FROM HIGHMARK LIFE INSURANCE COMPANY THROUGH MCKINLEY FINANCIAL SERVICES.; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE APPROPRIATE DOCUMENTS ACCEPTING THE TERMS AND CONDITIONS PROVIDED IN THE PROPOSAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Ms. Sadler advised that Highmark Life Insurance through McKinley Insurance Group has an A minus rating and that the current proposal meets the current life insurance standards and would provide no loss in coverage to employees. There is a reduction in the premium rate for both the group and supplemental benefits of the plan. Ms. Sadler advised that the City did not receive a proposal from the current provider and that the renewal request that came in after the RFP's were reviewed was higher than the Highmark proposal. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to adopt the resolution approving Highmark Life Insurance Company through McKinley Financial Services for group Life and Accidental Death and Dismemberment coverage. 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 d) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE ADMINISTRATION OF THE CAFETERIA 125 PLAN AS SET FORTH IN THE PROPOSAL FROM BENETECH ADMINISTRATORS, INC.; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE APPROPRIATE DOCUMENTS ACCEPTING THE TERMS AND CONDITIONS PROVIDED IN THE PROPOSAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 AUGUST 28, 2001 Ms. Sadler advised that other providers for this coverage were much higher and that Siver is recommending that the City stay with Benetech Administrators, Inc. for the Cafeteria 125 Plan. Ms. Sadler advised that Siver would be reviewing the current list of providers used in the City's Health Plan as well as the quality of the plan and that recommendations would be brought back to the City Commission in the near future for possible improvements to the insurance program. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to adopt the resolution approving Benetech Administrators, Inc. for the Cafeteria 125 Plan. 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 5.2 WAS HEARD AFTER ITEM 8. 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 a) ZA-09-01- A request for Zoning Appeal by Raynald Casimir from the decision of the Growth Management Director that proposed duplex is not permitted on the existing development parcel because the parcel is already developed for five multi-family dwelling units where no more than four units are permitted by the Zoning Code. Property located at 235 SW 13th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY RAYNALD CASIMIR, PROPERTY OWNER, FOR THE LOCATION AT 235 SW 13T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the items under the Public Hearing section are Quasi-judicial and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. Laurence Leeds, Growth Management Director, explained that the development parcel includes Lots 17 and 18 and that a five-unit apartment building is located on Lot 18, which is the maximum number of units permitted by zoning. Staff determined that Lot 17 is used for open space and that a duplex could not be permitted. Mr. Leeds recommended denial of the Zoning Appeal. Mayor Flury opened the Public Hearing. Raynald Casimir advised that the property was purchased in November 1999. Mr. Casimir explained that prior to the purchase, he received a letter from Terry Virta, the City's Growth Management Director at that time, stating that the property was zoned Residential-Duplex (RD- 6000) and that Single Family and Duplex buildings were permitted providing that the lot size was at least 60 feet in width and 100 feet in length. Commissioner Bertino asked Mr. Casimir if he would be willing to tear down two of the five units on Lot 18 so that two units could be built on Lot 17. Mr. Casimir stated that he could not afford to tear down the two units and build two new units. Hearing no further comments, Mayor Flury closed the public hearing. MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 AUGUST 28, 2001 A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, denying the Zoning Appeal (ZA-09-01) requested by Raynald Casimir. 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) VA-09-01- Request for Variance approval by Raynald Casimir from Chapter 28, Article 6.21 — Off Street Parking to construct a duplex with less than required parking (four 9'xl8' foot parking spaces required, said spaces to be constructed entirely on the development parcel, and to not encroach onto the public right-of-way); to install a/c equipment with two-foot side yard setback (five- foot side yard a/c setback required; to waive requirement for underground irrigation (underground irrigation required). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY RAYNALD CASIMIR, FROM CHAPTER 28, ZONING, ARTICLE 6.21 - OFFSTREET PARKING AND ARTICLE 5 - SUPPLEMENTARY LOT REGULATIONS AND FROM CHAPTER 26, VEGETATION, ARTICLE IV - LANDSCAPING; PROPERTY LOCATED AT 235 SW 13T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. No action was needed based on the denial of Item 9.1 a. c) SP-09-01 — Request for Site Plan approval for construction of a duplex on property located at 235 S.W. 13'h Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RAYNALD CASIMIR, FOR PROPERTY LOCATED AT 235 SW 13T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. No action was needed based on the denial of Item 9.1 a. 9.2 a) SE-36-01 — Request for Special Exception by Joseph Kaller, representing Victoria L'Originale, to construct an approximate 4800 square foot warehouse building for property located at 212 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY JOSEPH KALLER, AIA REPRESENTING VICTORIA UORIGINALE, FOR PROPERTY LOCATED AT 212 NORTH FEDERAL HWY., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW CONSTRUCTION OF AN APPROXIMATE 4,800 SQARE FOOT WAREHOUSE BUILDING, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained the Special Exception request and mentioned that the back property line shows a 7-'/2 foot alley, on paper only, as the actual alley is covered with grass and includes a fence from the next-door neighbor. Discussion followed on the City not having sufficient legal grounds to unilaterally vacate the alley for public purposes. MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 AUGUST 28, 2001 Joseph Kaller, representing Victoria L'Originale, explained that the existing cottages would be removed and replaced with a one-story, 4,500 square foot building, along the north end of the property and another 4,800 square foot warehouse building along the east end of the property. Mayor Flury opened the public hearing on Items 9.2 a,b and c. Steven Reed, 205 NE 1st Court, had no objection to the request and was favorable to the improvements. Mayor Flury expressed dissatisfaction that the existing building would not be renovated to match the new design and attractive improvements being made to the property. Domenico Apa, Owner, explained that after 18 years they are trying to upgrade the property and that the new improvements would be good for his business and the City. He agreed to see if he could paint the existing building after the improvements are completed. Commissioner Mikes mentioned that the petitioner is requesting approval of a change to the Code and that the City could make the approval conditional. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution approving SE-36-01 subject to corresponding paint and awning being added to the west face of the existing building matching the new construction with the understanding that said improvements would be finished prior to issuance of the Certificate of Occupancy and the following eight conditions: 1. Use of warehouse building restricted to Victoria L'Originale. 2. Public Works/Utilities Director to verify adequacy of drainage plan (The Public Works/Utilities Director indicates drainage will be evaluated at time of building permit). 3. Operation hours limited from 8:00 a.m. to 6:00 p.m. (6 days). 4. Dumpster service operation hours between 7:00 a.m. and 5.00 p.m. 5. Letter from sanitation provider to confirm that dumpster is accessible in its present location and orientation. 6. Placement of curbing around the parking lot subject to approval of Public Works Director. 7. Placement of 5" Type D curb adjacent to landscape areas. 8. Rear yard landscaping subject to modification by landscape consultant. 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) VA-37-01 — Request for Variance approval by Joseph Kaller, representing Victoria L'Originale, from Chapter 26 — Vegetation, Article IV - Landscaping for property located at 212 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALER AIA, REPRESENTING VICTORIA UORIGINALE, FROM CHAPTER 26, VEGETATION, ARTICLE IV- LANDSCAPING, FOR PROPERTY LOCATED AT 212 MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 AUGUST 28, 2001 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Resolution approving VA-37-01. 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-20-01- Request for Site Plan approval by Joseph Kaller, representing Victoria L'Originale, to construct a 4,500 sq.ft. retail building and a 4,800 sq.ft. warehouse building at 212 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER, AIA REPRESENTING VICTORIA L'ORIGINALE, FOR PROPERTY LOCATED AT 212 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the Resolution approving SP-20-01 subject to corresponding paint and awning being added to the west face of the existing building matching the new construction with the understanding that said improvements would be finished prior to issuance of the Certificate of Occupancy and the following eight conditions: 1. Use of warehouse building restricted to Victoria L'Originale. 2. Public Works/Utilities Director to verify adequacy of drainage plan (The Public Works/Utilities Director indicates drainage will be evaluated at time of building permit). 3. Operation hours limited from 8:00 a.m. to 6:00 p.m. (6 days). 4. Dumpster service operation hours between 7:00 a.m. and 5:00 p.m. 5. Letter from sanitation provider to confirm that dumpster is accessible in its present location and orientation. 6. Placement of curbing around the parking lot subject to approval of Public Works Director. 7. Placement of 5" Type D curb adjacent to landscape areas. 8. Rear yard landscaping subject to modification by landscape consultant 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 SA-45-01 — A request for Sign Adjustment by Citibank and the Broward County Library for property located at 255 East Dania Beach Boulevard. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY ATLAS SIGNS REPRESENTING CITIBANK AND THE BROWARD COUNTY LIBRARY, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, FOR PROPERTY LOCATED AT 255 EAST DANIA BEACH BLVD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 AUGUST 28, 2001 • Laurence Leeds, Growth Management Director, explained that the Dania Beach branch of the Broward County Library, (Paul De Maio Library), recently moved to the Citibank building at 255 East Dania Beach Boulevard. The library consumes a significant amount of space on the first floor of the building and there is a need to include proper signage for the public. The first Sign Adjustment — Site Plan Location "A" involves the removal of two Citibank building signs so that one combination sign identifying both Citibank and Dania Beach Library could be erected. The second Sign Adjustment — Site Plan Location "D" involves the replacement of three 80 square foot signs located on the east, south and west face of the Citibank "Tower", prohibited under the current Code, and replacing them with a new Citibank sign and logo that would be a "change in copy" with no change in sign size. The third Sign Adjustment — Site Plan Location "F" is for a new pole sign (50 square feet, height not provided) to be located at the southwest corner of the site on Dania Beach Boulevard. Mr. Leeds explained that Pole signs are prohibited under the Downtown Sign Code, however, the Code would allow one monument sign set back five feet from Dania Beach Boulevard, 10 feet from the side lot line and 30 feet from the intersection of any two streets. The sign can be no larger than 25 square feet in area, and no more than seven (7) feet in height. The Planning & Zoning Advisory Board recommended approval of Location "A" and "D" and denial of Location "F". Kevin Brady, Atlas Signs, explained that the Sign Adjustment is also being requested because Citibank has a new logo and he advised that Citibank would agree to forego the Pole sign for a Monument sign as recommended by staff. Mayor Flury opened the Public Hearing. Philomena Lennon, Friends of the Library, supported the Sign Adjustments based on the fact that senior citizens are having some difficulty finding the building as well as younger patrons of the library. Vito Mancino, Friends of the Library, supported the Sign Adjustment for better identification of the library. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner McElyea seconded by Vice-Mayor Chunn, adopting the Resolution (SA-45-01) with the approval of Site Locations "A" and "D" and the denial of Location "F", which would be replaced with a monument sign. 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 SE-33-01 —A request for Special Exception by Voicestream Wireless to allow the placement of Stealth Antennas and related equipment at Meadowbrook Lakes Condo "B". A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY VOICESTREAM WIRELESS, FOR PROPERTY LOCATED AT 111 SE 3RD AVENUNE, DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE PLACEMENT OF STEALTH ANTENNAS AND RELATED EQUIPMENT AT THE MEADOWBROOK LAKES CONDO "B", AS PROVIDED FOR IN THE ZONING APPENDIX, MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 AUGUST 28, 2001 ARTICLE VIII, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the City Commission adopted a text change Ordinance a few months ago that allowed Stealth Antennas as a Special Exception use in R-3A multi-family districts, which is the zoning designation for Meadowbrook Condominium. The applicant, Voicestream, has indicated that the Stealth Antennas would be located within an enclosure located on top of a stair tower in Condominium "B". He advised that staff recommends approval subject to four conditions outlined in his staff memo. Mr. Leeds pointed out that the Planning & Zoning Board made a motion to approve, subject to the conditions, but the motion failed on a 2/2 vote and no other motion was made. Mr. Leeds clarified that Voicestream is the applicant and that an officer of Meadowbrook Condominium Phase IV signed the application for the Special Exception request as owner. Cliff Hertz, Broad & Cassell, P.A., was present with other representatives from Voicestream to respond to any questions regarding the use. Attorney Hertz advised that Voicestream is agreeable to all conditions recommended by staff and advised that Voicestream had met all criteria for the Special Exception use. Attorney Hertz presented a booklet with several Exhibits covering information on the location of the antenna installation on the building, drawings and maps, and technical data relating to the use. Attorney Hertz clarified that a fiberglass stealth enclosure (9' high by 15'x 9') would screen the one array of six antenna panels that would be installed on the top of the southwest corner of the building and that Voicestream is providing the best aesthetic application available for the enclosure. Commissioner Bertino requested that the number of antennas, enclosure improvements and the frequency requested in the application be included in the Resolution. Attorney Hertz advised that Voicestream has no problem remaining on the frequencies required by the FCC as indicated in the booklet outlining the Special Exception Request. Mayor Flury opened the Public Hearing. Al Koffee, resident of Meadbowbrook Condominium, expressed dissatisfaction that a vote of the entire Meadowbrook Condominium complex was not required for the Special Exception Request. Rob Ruse, resident of Meadowbrook Condominium, opposed the use at Meadowbrook and thought that Voicestream should place the antenna on the roof of the First Union Bank Building. Ralph Viviano, President of Meadowbrook Condominium Phase IV, advised that meetings were conducted with Phase IV regarding the Special Exception use and that approval was obtained by a majority vote of Phase IV. Mr. Vivian explained that the project has taken a long time and that the residents of Phase IV want to move forward with the antenna installation. Commissioner Bertino requested clarification from Attorney Ansbro on whether all legal steps have been followed in accordance with Meadowbrook Condominium law to ensure that legal authorization has been provided. Laurence Leeds advised that Florence Santuccio, Officer of Meadowbrook Condominium Phase IV, signed the authorization agreement. Attorney Ansbro advised that he has no independent way of knowing whether Florence Santuccio is or is not authorized to sign on behalf of the Condominium and anyone who may have doubts about her authority should come forward and place it into the record at this time. Mr. Viviano explained that at the time the request was proposed, Florence Santuccio was Vice-President and that she signed MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 AUGUST 28, 2001 because the President was out-of-town on vacation. It has taken such a-long period of time to process the antenna request that there has now been a change in officers for Phase IV. He advised that Florence Santuccio is no longer Vice-President but remains an officer on the board. Mr. Viviano stated that he is the President and has authorized the approval and has signed paperwork with the Building Department. Mr. Koffee advised again that there are four associations at Meadowbrook Condominium and that he thought all four associations would have to vote to approve the request. Attorney Ansbro advised that operation of the Meadowbrook Associations is not under the jurisdiction of the City Commission. Commissioner Bertino requested that Attorney Ansbro provide a letter to the City Commission indicating the fact that all legal signatures have been obtained and that the application for the Special Exception Request is legal. Commissioner McElyea clarified with Mr. Viviano that the income from the antenna use will go to Meadowbrook Condominium Phase IV only. Skip Donner, on behalf of Voicestream, 3441 SW 147 Avenue, Miramar, Florida, advised that there are 45 systems in South Florida installed on condominium buildings and that all systems are licensed at one power level. Mr. Donner stated that he has not received any complaints from any of the condominium residents using their systems. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Mikes, adopting the Resolution (SE-33-01) subject to the Exhibit booklet provided with the backup, which includes all statements outlining the criteria and methods of construction, being made part of the record and attached to the Resolution as well as the following four conditions: a) Roof top utility cabinets not to exceed nine feet in height. b) Land surveyor's confirmation of 500-foot residential setback. c) Written confirmation from radio engineer that no more than eight antennas will be located within the antenna enclosure. d) Written confirmation that support equipment will be located on the roof. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes 9.5 VA-38-01 — Request for Variance approval by South Florida Museum of Natural History from Chapter 28, Zoning Article 28 "Signs", Article 28.110- Restrictions in Areas-Zoned Commercial and Article 28.180 Monument Signs for property located at 481 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE SOUTH FLORIDA MUSEUM OF NATURAL HISTORY, FROM CHAPTER 28 ZONING, ARTICLE 28 SIGNS, FOR PROPERTY LOCATED AT 481 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 AUGUST 28, 2001 Laurence Leeds, Growth Management Director, explained that the petitioner originally requested two variances for a wall sign and a pole sign. The wall sign variance is not necessary because the applicant has submitted a building permit application for the wall sign that meets code. Mr. Leeds explained the Variances for a freestanding pole sign and pointed out that a colorful drawing of the sign had been provided in the backup. Mr. Leeds advised that staff supports Variances 1, 2 and 3 and that the Planning & Zoning recommended approval of all four Variances with three conditions. Attorney Karl Adler, representing South Florida Museum of Natural History, explained the need to have an electronic sign to better identify the museum in order to increase admissions so that the symposiums and programs conducted at the museum could continue. Attorney Adler explained that the museum receives limited funding and that they have recently received a grant award for the museum. Mr. Leeds clarified that flexibility is needed on the final version of the sign as the actual type of illustration to be used on the sign may change from the depiction in the attached drawings. Charles Zidar, Director of the Museum, explained the use for the electronic sign and advised that $4,000 in landscaping improvements are planned to be installed towards the end of the project. Mayor Flury opened the Public Hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution (VA-38-01) approving all four Variances subject to the following conditions: a) No additional permanent wall signs, b) Changeable banner signs permitted to remain, and c) Pole sign to be set back so as to provide adequate corner clearance for vehicles turning onto Federal Highway from SE 5th Street (6 to 10 foot sign setback from Federal Highway). 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 9.7 WAS HEARD AFTER ITEM 9.5. ITEM 9.6 WAS HEARD AFTER ITEM 7.12. (Continuance requested to September 11, 2001) 9.6 ZA-43-01- Request for Zoning Appeal by Louise Risi from the decision made by the Growth Management Director on July 24, 2001, where it was determined that a proposal to convert the existing garage to an indoor living space (including a full bath and kitchen facilities) constitutes a third housekeeping unit and, therefore, is not permitted under the existing RD-6000 Duplex Zoning regulations. Property located at 195 SE 2nd Street. Mr. Leeds requested a continuance. Mayor Flury opened the Public Hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 AUGUST 28, 2001 A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, continuing Item 9.6 (ZA-43-01)to September 11, 2001, regular meeting. 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 9.7 WAS HEARD AFTER ITEM 9.5. 9.7 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. (Second Reading and public hearing) Laurence Leeds, Growth Management Director, recommended approval of the Ordinance as presented, however, he pointed out that there are western portions of the City zoned Multi-family (R3 or RM), which permit three-story garden apartments. He explained that some of the property owners have been making inquiries to construct duplexes on lots that may be 60' by 100'. Mr. Leeds advised that the City Commission might see duplex Site Plans in Multi-Family zoning districts that allow greater density and height than the proposed duplex use. In the future, Mr. Leeds advised that the City Commission might have to decide whether or not to exclude duplexes in all of the Multi-Family districts. Mr. Leeds explained that the down side to taking this action would be that someone with a Multi-family designation for a 60 foot lot would be forced to erect a three or four story building when a duplex would most likely be a better choice. MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 AUGUST 28, 2001 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, adopting the Ordinance 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 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino reminded the public that all schools are now open again and that 2,025 students are registered with Olsen Middle School this year. Commissioner Bertino mentioned his family's recent tragedy with the loss of his son, Michael, and thanked everyone for all of their support. 10.2 Commissioner McElyea mentioned the recent ribbon cutting at South Broward High School and congratulated Deputy James Fondo for his new assignment as Assistant to Chief Anton, BSO. He mentioned that he was very impressed with the way that Deputy Fondo handled a recent situation where he stopped the fumigation company from continuing until he was able to free a cat from underneath the Nyberg/Swanson House. Commissioner McElyea mentioned that he is temporarily assisting Billy Brooks, who recently suffered a heart attack, with welding apparatus equipment at SE 2nd Avenue and 5th Street and that it is not in conflict with his position with the City. 10.3 Commissioner Mikes mentioned his attendance recently at the Florida League of Cities Conference in Orlando and that he brought back some informational tapes for use by all of the commissioners in the City Commission Office. 10.4 Vice-Mayor Chunn —no comments. 10.5 Mayor Flury requested that staff not use the same fumigator as mentioned by Commissioner McElyea as she stated that these types of companies should take all necessary precautions to ensure that no animals are left under structures before fumigation is begun. Mayor Flury requested that Mr. Leeds research the danger that exists at the Publix on Sheridan Street where the sidewalk and the wall end together, which causes pedestrians to not see cars properly and cars being unable to see pedestrians. Mr. Leeds agreed to speak with Attorney Karl Adler about the matter. ITEM 12 WAS HEARD AFTER ITEM 10.5. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 5.1. MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 AUGUST 28, 2001 11.1 Reconsideration of request by Story Theatre Productions, Inc. to use I.T. Parker Community Center free of charge on Friday, October 26, 2001, for annual fundraiser. (Commissioner McElyea) Commissioner McElyea mentioned that he had an opportunity to obtain more information regarding the programs provided through Story Theatre Productions from the time the request was denied. He introduced Mrs. Butterworth, wife of Attorney General Bob Butterworth. Marta Prado-Butterworth, Volunteer Board Member of Story Theatre Productions, advised that Story Theatre Productions is a Florida non-profit corporation established in 1977 and is considered to be one of the Nation's largest presenters of professional theater for young children and families. Story Theatre has been voted the best Life Theatre for Children by the readers of South Florida Parent Magazine from 1995-2001. Approximately 60,000 to 80,000 children and families view the productions each year and an estimated 50% to 20% of the tickets are donated to needy children. Last year, in Broward County, 25,180 children were entertained and 7,752 tickets were donated. In Dania Beach, 350 tickets were donated to Dania Elementary School and 200 tickets to Bethune Elementary located nearby in Hollywood. Mrs. Butterworth explained that the I.T. Parker Community Center in Dania Beach was chosen for the fundraiser event because it serves children from the tri-county area. Commissioner Bertino commended the organization and the work that has been accomplished. However, he pointed out that there are so many deserving non-profit organizations that should also be considered for these types of waivers and that the City must consider the need to obtain income to keep the facility properly operating and maintained. Acting City Manager Nunemaker advised that the cost to use the center is estimated at $800 to • $1,000. He stated that staff encourages the use of the facility by non-profit organizations when the organization provides services directly impacting Dania Beach. He mentioned that Story Theatre is offering to donate several tickets for Dania Elementary and Bethune Elementary in Hollywood. Commissioner Mikes agreed with Commissioner Bertino that the facility must pay for itself in order to keep the facility available for use by the citizens of Dania Beach. He recommended that the I.T. Parker Committee be reformed in order to address these types of requests as a way to remove political involvement. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the request. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 11.2 Discussion of lease agreement for Fire Station #93. (Acting City Manager) Acting City Manager Nunemaker advised that the lease with Dolores Masselli for the current location of Fire Station #93 located at 2229 Griffin Road needs renewal. In conjunction with the lease, the City has plans for developing a Fire Station on property located at SW 45th Street and 30th Avenue. Mr. Nunemaker mentioned tentative discussions with Hollywood on co-locating to the new Hollywood Fire Station currently under construction on Stirling Road. He requested 48 MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 AUGUST 28,.2001 authorization from the City Commission to formally negotiate with the City of Hollywood on possibly leasing a portion of the new station based on the close proximity of the newly annexed area. Mayor Flury encouraged negotiations with Hollywood for a possible co-location and mentioned that the new Hollywood Station is costing some $8 to $10 million. Mayor Flury commended Acting City Manager Nunemaker and Fire Chief Land for taking the initiative to see what could be negotiated with Hollywood to better the location for Fire Station #93. Acting City Manager Nunemaker explained that the new Hollywood Fire Station would be available sometime in December or January and that the current lease with Dolores Masselli has a 90-day termination clause, which may be modified to a 30 or 45-day exit. Commissioner Bertino requested clarification on whether the City is seeking a short term or long- term concept. Acting City Manager Nunemaker explained that the City could save revenue on a short-term basis by not developing its own station. On a long-term basis, the City must take a more comprehensive view of providing Fire Rescue Services and consider all of the mutual aid agreements with surrounding cities. In addition, a report would soon be distributed regarding Broward County's future in providing fire services. Commissioner Bertino agreed to pursue the Hollywood Station on a short-term basis. However, on a long-term basis, he recommended that the City build its own Fire Station as lease payments over a 20-year period would more than pay for a station in the western portion of the City. Commissioner McElyea agreed that the City may be able to obtain a decent rental from Hollywood opposed to the current facility on Griffin Road and that the Hollywood Fire Station would provide the opportunity to provide higher quality service to residents. Chief Ken Land explained that the Automatic Aid Agreements would continue with surrounding cities and Rescue 93 could be run with six (6) employees from the Hollywood station. The City's name would be on the Hollywood station and the City could participate in the opening of the station. In general, Chief Land thought that the co-location with Hollywood would be a good fit to meet the City's current needs. Acting City Manager Nunemaker confirmed that the same staffing used at the current Fire Station #93 would be transferred over to the Hollywood station and that $78,000 a year has been presented as an initial cost. Chief Land reminded the City Commission that the City is currently paying over $20,000 a year for the Masselli lease and that the location is dangerous because two vehicles have been hit due to the close proximity to Griffin Road. Commissioner Mikes mentioned that the 30th Avenue site location is owned by the City and would be available for a Fire Station in the future should the co-location with Hollywood not work out. In addition, the Hollywood,station is in close proximity to the residents that are due to come into the City in September. Commissioner Mikes supported the negotiations and was pleased to see the fire departments working together towards providing more efficient service and a reduction in response time on calls. Mayor Flury stressed the need to make a commitment over a few years with the Hollywood station, which supports the annexation area perfectly, so that the City could have time to fund some capital improvements for the Fire Department without increasing the Fire Rescue Assessment fee. Mayor Flury stated that her goal would be to reduce the Fire Rescue Assessment fee if possible. MINUTES REGULAR MEETING CITY OF DANIA BEACH 20 AUGUST 28, 2001 . Commissioner Bertino mentioned the need to consider that $78,000 would represent almost 50% of the debt service to build a fire station. He stressed the importance of the City purchasing a portion of the Hollywood building to be placed in an equity position. Chief Land pointed out that the City would not be dealing with utility, insurance or liability costs on the Hollywood station and that the maintenance costs are high with the current Griffin Road station. A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, to direct Acting City Manager Nunemaker to proceed with negotiations for a lease with the City of Hollywood for the fire station on Stirling Road. 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 Acting City Manager Nunemaker was hopeful that Hollywood and Dania Beach could work closer together on many issues relating to both municipalities. ITEM 8.1 WAS HEARD AFTER ITEM 11.2. ITEM 12 WAS HEARD AFTER ITEM 10.5. 12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED) The City Commission generally agreed to hold off on appointments until after the newly annexed area comes into the City September 15, 2001, so that residents from the area could be considered for appointment. 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 MINUTES REGULAR MEETING CITY OF DANIA BEACH 21 AUGUST 28, 2001 TERM FROM APRIL 1, 2000 THROUGH APRIL 1, 2004; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.4 Appointment by Commission of two (2) Alternate members to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID ALTERNATE MEMBERS SHALL SERVE THREE-YEAR TERMS FROM SEPTEMBER 8, 2001 THROUGH SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.5 Appointment of 5 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." 12.6 Appointment of 2 members to Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "HUMAN RELATIONS BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.7 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." 12.8 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." 12.9 Appointment of 5 members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager— no comments MINUTES REGULAR MEETING CITY OF DANIA BEACH 22 AUGUST 28, 2001 13.2 City Attorney Ansbro reported that Tri-Rail Authority has cooperated with the City in removing some trees and shrubs that died near the station on Griffin Road and that some old telegraph poles have also been removed. 14. ADJOURNMENT This meeting adjourned at 10:15 p.m. PAT FLURY MAYOR-COMMISSIONER CHARLENE J HNSON ACTING CITY CtERK APPROVED:SEPTEMBER 12, 2001 MINUTES REGULAR MEETING CITY OF DANIA BEACH 23 AUGUST 28, 2001