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HomeMy WebLinkAbout2000-01-25 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 25, 2000 1. Mayor Bertino called the meeting to order at 7:50 p.m. He explained that the delay was due to a previous attorney/client session that was held at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Reverend T. Lewis, Gethsemane Missionary Baptist Church. 3. ROLL CALL Present: Mayor: John Bertino Vice-Mayor: Charles McElyea Commissioners: Jim Cali John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. PRESENTATIONS - NONE CITIZENS' COMMENTS WERE HEARD AT THE BEGINNING OF THE MEETING 5. PROCLAMATIONS a) A proclamation declaring January 26, 2000, as "KABOOM! Playground Day" in the City of Dania Beach City Manager Smith read the proclamation in its entirety. 6. CONSENT AGENDA (INCLUDING EXPENDITURES) Bills: 6.1 Approval of bills for the month of November, 1999. Resolutions: 6.2 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING IMPROVEMENTS TO STATE ROAD 818 (GRIFFIN ROAD) FROM WEST OF ANGLERS AVENUE TO EAST OF SW 35TH AVENUE WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES - CITY OF DANIA BEACH 1 JANUARY 25, 2000 6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE • SECOND AMENDMENT TO THE 24TH YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR NORTHWEST IMPROVEMENTS, UNDER THE BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $142,460.00; PROVIDING FOR AN EXTENSION OF THE AGREEMENT FROM JANUARY 30, 2000, TO JUNE 30, 2000; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances — Title to be read by city attorney 6.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES ENTITLED "TAXATION" BY CREATING SECTION 23-111 TO PROVIDE FOR AN ADDITIONAL HOMESTEAD EXEMPTION OF UP TO $25,000.00 FOR ANY PERSON WHO HAS ATTAINED THE AGE OF SIXTY- FIVE, HAS THE LEGAL OR EQUITABLE TITLE TO REAL PROPERTY, MAINTAINS UPON SUCH PROPERTY THE PERMANENT RESIDENCE OF THE OWNER AND WHOSE HOUSEHOLD INCOME DOES NOT EXCEED $20,000.00 PURSUANT TO SECTION 196.075, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE) City Attorney Ansbro read the ordinance title. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to approve the Consent Agenda. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner mikes — yes Vice-Mayor McElyea —yes Mayor Bertino - yes 7. BIDS AND REQUESTS FOR PROPOSALS - none 8. PUBLIC HEARINGS 8.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADDING ARTICLE 4, "WILDLIFE PROTECTION", TO CHAPTER 29, ENTITLED "LAND DEVELOPMENT", OF THE CITY OF DANIA BEACH CODE OF ORDINANCES, TO PROVIDE FOR THE PROTECTION OF WILDLIFE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE) (CONTINUED FROM 1/11/2000 REGULAR MEETING) City Attorney Ansbro read the Ordinance title. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Ordinance, the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to adopt the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: MINUTES - CITY OF DANIA BEACH 2 JANUARY 25, 2000 Commissioner Cali — yes Commissioner Etling -yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino — yes City Attorney Ansbro advised that the remaining items under the Public Hearing section were Quasi-judicial matters and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Rule, must report all communications. 8.2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE) City Attorney Ansbro read the Ordinance title. Leigh Kerr, City Planning Consultant, advised that the Ordinance incorporates requirements of recent State law and was reviewed and favorably received by the State. He further advised that Staff recommended approval. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Ordinance, the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to adopt the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea —yes Mayor Bertino - yes 8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LAND USE PLAN CHANGE FROM LOW (5) RESIDENTIAL TO OFFICE PARK (OP) PERTAINING TO A PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD ROAD, NORTH OF GRIFFIN ROAD AND EAST OF SW 23RD AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE). City Attorney Ansbro read the Ordinance title. Leigh Kerr, City Planning Consultant, advised that this action would be a good transition to the residential property to the west and the commercial property to the east. He further advised that Staff recommended approval. MINUTES - CITY OF DANIA BEACH 3 JANUARY 25, 2000 Shelly Eichner, Calvin, Giordano & Associates, representing the petitioner, requested approval of the Land Use Plan amendment. Commissioner Mikes asked if a restrictive covenant was placed on the land for Office Park designation. City Attorney Ansbro advised that the covenant could be included by amending the Ordinance. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the.Ordinance, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the Ordinance on second reading subject to the following: (1) City Attorney to include a restrictive covenant running with the property as voluntarily agreed to by the property owner; (2) City Commission to approve transmittal of a request to recertify the City of Dania Beach Local Land Use Plan. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea —yes Mayor Bertino - yes 8.4 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 2.0674 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF SE 5TH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 48 FLEX UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE). City Attorney Ansbro read the Ordinance title. Leigh Kerr, City Planning Consultant, advised that the applicant analyzed the impacts on facilities and services within the community based upon the potential commercial development that could presently occur on the site in contrast to the proposed residential development. The applicant based their analysis on 48 multi-family residential units. There would be an increase in demand on sanitary sewer, potable water and recreation as well as a reduction in the impact of traffic and solid waste demand. In addition, the residential development should provide a greater degree of pervious area which should improve the impact on the drainage system. He further advised that Staff recommended approval. Kevin Guthard, Trafalgar Associates, presented a rendering of the elevation of the proposed project and requested approval to allocate 48 flex units from Flex Zone 84. MINUTES - CITY OF DANIA BEACH 4 JANUARY 25, 2000 In response to Commissioner Etling's question about the number of units, Mr. Guthard advised that the proposed project would consist of 21 to 22 units per building, but 48 flex units were requested to allow flexibility. In response to Commissioner Mikes question about storm drainage, Mr. Guthard advised that there was an available retention area at Sheridan Ocean Club and the proposed parking area would allow the possibility of installing french drains. Mayor Bertino opened the public hearing. Carol Christ-Moral expressed her appreciation to Mr. Guthard for saving the animals on the subject property. In response to Hugo Renda's question about elevators, Mr. Guthard advised that there would be an elevator in each building. Hearing no further comment, Mayor Bertino closed the public hearing. Commissioner Mikes recommended that the flex unit amount be decreased between 42 and 44. A motion was made by Commissioner Cali, seconded by Commissioner Etling, amending the Ordinance to limit the number of flex units to 44 and adopting the Ordinance, as amended, on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR TRAFALGAR ASSOCIATES, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH - 25), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE). City Attorney Ansbro read the Ordinance title. Leigh Kerr, City Planning Consultant, advised that Staff recommended approval. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Ordinance, the public hearing was closed. MINUTES - CITY OF DANIA BEACH 5 JANUARY 25, 2000 A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. (SECOND READING OF ORDINANCE) City Attorney Ansbro read the Ordinance title. Mr. Ansbro advised that this was an extension of the current moratorium and that a meeting was scheduled with the new Growth Management Director, Laurence Leeds, to review the proposed IROM rezonings. At this time, City Manager Smith introduced two new staff members, Laurence Leeds, Growth Management Director, and Randy Wilkinson, Parks & Recreation Director. Laurence Leeds advised that he would be meeting with City Attorney Ansbro and Leigh Kerr, Planning Consultant, to re-evaluate the entire city-wide rezoning and to discuss the issues of notice and procedures. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Ordinance, the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.7 SA-75-99 - Request for Sign Adjustment approval by Roger M. Pomerance, P.A., Attorney and Representative for Chevron USA, 345 North Federal Highway (Chevron Gasoline Station). (Continued from 1/11/2000, Regular Meeting) MINUTES - CITY OF DANIA BEACH 6 JANUARY 25, 2000 A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY CHEVRON USA, INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160, 2(A)(III), SECTION 28.170(1) AND SECTION 28.170(2) SIGN REGULATIONS, FOR PROPERTY LOCATED AT 345 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that the petitioner was requesting approval of a canopy sign, which was strictly prohibited in the Code. The petitioner was also requesting approval of a 48 square foot monument sign, however, the Code only allows"for a 25 square foot monument sign The height and width of the monument sign also exceeds the standard Code requirements. Mr. Kerr advised that the Planning & Zoning Board recommended denial of the canopy sign because it is strictly prohibited by the Code and denial of the sign adjustment for the monument sign as there was no proof that a complying sign of 25 square feet would not satisfy the need for the subject property. Attorney Roger Pomerantz, representing Chevron USA, Inc., advised that the signs on the canopy are only on two elevations and include the word "Chevron" as well as the Chevron logo. Mr. Pomerantz advised that a permit was approved and issued for the existing monument sign in 1994, however, a recent review by City staff, indicated that the permit was approved in error because the sign exceeded the square footage and height requirement, then and now. He requested approval of the sign adjustment to allow the existing monument sign to remain and approval of the sign adjustment for the canopy signs. Commissioner Etling felt that the sign adjustment criteria had not been met with regard to this issue. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Sign Adjustment, the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, denying the Sign Adjustment Request for the canopy sign because it did not meet the criteria. The motion passed on the following 3/2 roll call vote: Commissioner Cali — no Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — no Mayor Bertino - yes A motion was made by Commissioner Etling, seconded by Commissioner Mikes, denying the Sign Adjustment Request for the monument sign because it did not meet the criteria.` The motion passed on the following 3/2 roll call vote: Commissioner Cali — no Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — no Mayor Bertino - yes i MINUTES - CITY OF DANIA BEACH 7 JANUARY 25, 2000 8.8 SA-98-99 — Request for Sign Adjustment approval by Joan Kerns, General • Manager and Executive Vice President for Design Center of the Americas (DCOTA), 1855 Griffin Road, Dania Beach. A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY JOAN KERNS, GENERAL MANAGER/EXECUTIVE VICE PRESIDENT, DESIGN CENTER OF THE AMERICAS, (DCOTA), FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.060, SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1855 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.' Leigh Kerr, City Planning Consultant, advised that the proposed sign would have a rotating copy. He advised that Staff was concerned about the frequency of the rotation and at the Planning & Zoning Board hearing, the petitioner agreed to a rotation of three (3) times per hour, which was supported by a 4/1 vote from the Planning & Zoning Board. He advised that Staff recommended approval of the Sign Adjustment subject to the Planning & Zoning Board's recommendation. Jerry Knight, representing DCOTA, stated that they were in agreement with the Planning & Zoning Board's recommendation in terms of the number of times the louvers on the sign would rotate per hour. Commissioner Etling felt that the intent of the ordinance was to address signs that fit within the rather unique characteristics of the downtown businesses, not for changing S billboard-type signage. Commissioner Etling asked Mr. Knight and Ms. Kearns if they would agreed to limit the sign to straight copy with only one logo or symbol as he was concerned about the sign being too garish (bright and flashy). Joan Kearns presented a sample of the copy to be displayed on the sign and agreed to limit the sign to straight copy. Commissioner Mikes asked about the existing billboard on the property. Mr. Knight advised that the billboard was owned by Fred Weatherby who uses the north face of the billboard. Commissioner Mikes asked if DCOTA could do anything about removing the billboard if the Sign Adjustment was approved. Mr. Knight could not agree to removing the billboard as he felt that the billboard was a value to DCOTA. Commissioner Cali asked if a fourth face could be added to the sign with the fourth face always having "Welcome to the City of Dania Beach" on it. Joan Kearns advised that she would have to present the request to the owners of DCOTA before giving an answer. Mr. Knight advised that mechanically it might not be possible. Ms. Kearns agreed to Commissioner Cali's request that a "Welcome to the City of Dania Beach" sign be displayed occasionally. • MINUTES - CITY OF DANIA BEACH 8 JANUARY 25, 2000 Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Sign Adjustment, the public hearing was closed. Mayor Bertino felt it would be in DCOTA's best interest to remove the old billboard and draw attention to the new proposed sign. He suggested that the approval of the Sign Adjustment be contingent upon the removal of the billboard. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to continue ltem,8.8 (SA-98-99) to the Regular Meeting of February 8, 2000, to allow the petitioner the opportunity to contact Mr. Weatherby on removing the billboard sign located on the DCOTA property and to determine whether the mechanical sign could accommodate four (4) sides. The motion passed on the following 5/0 roll call vote: Commissioner Cali - yes Commissioner Etling - yes Commissioner Mikes - yes Vice-Mayor McElyea - yes Mayor Bertino - yes 8.9 SA(VA-25-98) - Request for Sign Adjustment approval by Phil Glassman, representing Dania Shopping Center, 126 South Federal Highway, Dania Beach. (Continued from 12/14/99 Regular Meeting) A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHIL GLASSMAN, REPRESENTING DANIA SHOPPING CENTER, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 - DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 126 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that a site plan had been submitted as requested by the Commission, however, staff felt that it was not a complete site plan. He also advised that there was an issue of outstanding cost recovery fees owed by Mr. Glassman. Phil Glassman, owner, was present to request approval of the Sign Adjustment. Commissioner Cali disclosed that he had conversation with Mr. Glassman and Mr. Porzio regarding the matter. Mayor Bertino also disclosed that he had conversations with the petitioner regarding the matter. Mayor Bertino opened the public hearing. Pat Flury, 402 SE 6t" Street, commended Mr. Glassman and Mr. Porzio for their efforts in cleaning up the shopping center. She asked for cooperation from the petitioner as well as the City Commission. MINUTES - CITY OF DANIA BEACH 9 JANUARY 25, 2000 Hearing no further comment, Mayor Bertino closed the public hearing. Vice-Mayor McElyea complained about the continuous trash problem behind the shopping center. Leigh Kerr, City Planning Consultant, advised that the proposed sign for Jaxson's would be 10' x 5' (50 square feet) with a base of 5'; however, the Code only allows for a 25 square foot sign. Mr. Glassman advised that the trees proposed on the site plan would be placed along the swale area, which was presently maintained by the City. The swale area consists of a 3-foot grass area and some dead palm trees which have been replaced three times in the past year. He agreed to irrigate and maintain the entire swale area and to plant five (5) Canary Date Palms with a silver buttonwood dwarf hedge between the palms, if the signage was approved. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to adopt the Resolution approving a Variance (not a Sign Adjustment) to allow a "JAXSON'S ICE CREAM" sign (50 Sq. ft. for sign copy with a maximum height of 10 feet) with the following conditions: (1) Mr. Glassman shall install five (5) Palm trees in the swale area along Federal Highway in accordance with Florida Department of Transportation and City of Dania Beach requirements; (2) Mr. Glassman shall install and maintain a hedge and underground irrigation system within the 3-foot swale area along Federal Highway; (3) Mr. Glassman shall be responsible for maintenance of the swale area including the underground irrigation and the plantings. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — no Mayor Bertino - yes Leigh Kerr, City Planning Consultant, advised that the petitioner requested a second proposed sign of 300 square feet, which exceeds the Code by twelve (12) times. The Planning & Zoning Board recommended that the sign be reduced to 112 square feet, 16 feet high including a two foot base, which also exceeds the Code by four (4) times. Mr. Glassman advised that the present sign was 30 feet high and requested approval of a new sign 18 feet high and 8 feet wide for a total of 144 square feet. City Manager Smith clarified that a permit would not be issued to Mr. Glassman until he paid the $500 Cost Recovery Fees owed to the City and recommended the fees be included as a condition to the approval. City Attorney Ansbro clarified that Mr. Glassman's sign adjustment requests did not meet the criteria for Sign Adjustments and, therefore, should be considered Variance requests. MINUTES - CITY OF DANIA BEACH 10 JANUARY 25, 2000 A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to adopt the Resolution approving a Variance for a 112 square foot sign (16 feet high including a two (2) foot base with a 14 foot copy) with the following conditions: (1) the color of all tenant's names shall be consistent on the sign; (2) the sign and lettering shall be limited to three colors (yellow, white, hunter green); (3) Mr. Glassman shall pay all Cost Recovery fees; (4) Mr. Glassman shall install five (5) Palm trees in the swale area along Federal Highway as per Florida Department of Transportation and City of Dania Beach requirements; (5) Mr. Glassman shall install a Silver Buttonwood hedge and an underground,irrigation system within the 3 foot swale area along Federal Highway; (6) Mr. Glassman shall be responsible for maintenance of the swale area including the underground irrigation and the plantings. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — no Mayor Bertino - yes 8.10 SP-81-99 — Request for Site Plan approval by Robert Spencer of JN Realty, representing Javier Naranjo, for a duplex located at 207 SW 11th Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY J. JAVIER NARANJO, FOR PROPERTY LOCATED AT 207 SW 11T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that the property was zoned RD-6000 and that each unit would be two bedrooms/two bathrooms. Staff and the Planning & Zoning Board recommended approval with the following conditions: (1) installation of outdoor lighting; (2) identify the zoning and land use on the plan; (3) dimension the parking spaces; (4) provide the color of the building; and (5) the street side setback shall be increased to 15 feet. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the Site Plan, the public hearing was closed. Laurence Leeds, Growth Management Director, explained that the lot exceeds the minimum requirement for a duplex. In order for the applicant to build on the remainder of the property, he would have to obtain an additional 30 feet of land or seek a significant variance if he could not obtain the additional 30 feet. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to continue Item 8.10 (SP-81-99) to the Regular Meeting of February 8, 2000, in order to: (1) allow staff to work with the petitioner to reconfigure the Site Plan for two (2) or possibly three (3) single-family homes rather than the proposed duplex; (2) notify, by certified mail, the adjoining property owner of the relationship between the duplex site and said adjoining 30-foot parcel and encourage the adjoining property owner to have MINUTES - CITY OF DANIA BEACH 11 JANUARY 25, 2000 representation at the Commission meeting on February 8, 2000, and; (3) if single-family use is found to be unfeasible, reconfigure the duplex 90 degrees so that the front yard faces SW 2nd Avenue. The motion passed on the following 4/0 roll call vote: Commissioner Cali — (OUT OF ROOM) Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.11 VA-76-99 -Variance request by Pascal Richer from Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr. Richer would like to request a fence height in the front yard of 6 feet limited to 4 feet for property located at 255 South Dixie Hwy., Dania Beach. (Continued from 1/11/2000 regular meeting) A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY PASCAL RICHER, FROM CHAPTER 28, ARTICLE 5, SUPPLEMENTARY LOT REGULATIONS, SECTION 5.36, WALLS, FENCES AND HEDGES, FOR PROPERTY LOCATED AT 255 SOUTH DIXIE HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that he met with Mr. Richer to discuss the possibility of parking cars on another part of the lot. Mr. Richer felt it would be a hardship because the balance of his lot is fully fenced and he also expressed a safety concern about parking off the alley. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the variance request, the public hearing was closed. A motion was made by Commissioner Cali to approve Item 8.11. The motion died for lack of a second. Commissioner Etling mentioned that the permit for the six-foot fence was issued in error and needed to be corrected. The Commission generally complained about too many cars being parked in the front of the property. Mr. Richer stated that he would rather park in the rear of his property but felt that there was not enough room. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to deny the Variance request (VA-76-99) for a six-foot fence and to give the petitioner 30 days to reduce the height of the existing fence to four feet. The motion passed on the following 3/2 roll call vote: Commissioner Cali — no Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes MINUTES - CITY OF DANIA BEACH 12 JANUARY 25, 2000 8.12 (a) VA-90-99 —Variance Request by Herb Green of Avid Engineering, representing Mark Sheldon of Regal Ventures, Inc. for Publix Supermarkets, from Chapter 28, Zoning, Article 6.64. Principal Arterial Commercial Design Standards Overlay—Mr. Green is requesting that this requirement be waived and that they be allowed to use parapet roofs for a proposed Publix Shopping Center to be located on the SW corner of SE 5th Avenue and Dania Beach Blvd., Dania Beach. (Reference SP-91-99—Site Plan Request for Publix Shopping Center). A..RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY HERB GREEN, AVID ENGINEERING REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. FOR PUBLIX SUPERMARKETS, FROM CHAPTER 28, ZONING, ARTICLE 6.64. PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DANIA BEACH BLVD. AND SE 5TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that the petitioner was requesting a variance that would allow for a parapet roof in lieu of a pitched roof. Mr. Kerr advised that the applicant indicated that the variance request addresses the compressors, motors and fans to be placed on the roof area and that a hardship exists because the fire code limits motors and compressors within enclosed roofs. Mr. Kerr advised that the principal arterial design guidelines that apply to this site are subject to the requirements of a pitched roof. Upon review, staff felt there was not justification for the variance and recommended denial. Herb Green, Avid Engineering, explained that compressors and other types of equipment would need to be placed on the roof and that the development of a pitched roof on such a large facility would be very expensive. Commissioner Etling requested that the petitioner's Architect develop a better design for the SE 5th Avenue elevation. Mayor Bertino opened the public hearing. Gene Malone, 170 SE 51h Avenue, representing Meadowbrook Lakes Condominium Association, expressed concern over the view of the roof from the condominium, delivery times, and the noise level of running engines from the delivery trucks. Mr. Malone requested that the delivery trucks exiting onto SE 5th Avenue be required to travel northbound, only, and that a five-foot concrete soundproof wall be constructed between the condominium and the development with most of the foliage being left untouched. Carol Taylor, 170 SE 5th Avenue, expressed concern that the commercial and residential properties were too close together and expressed concern over the flow pattern of traffic and the noise. Hearing no further comment, Mayor Bertino closed the public hearing. MINUTES - CITY OF DANIA BEACH 13 JANUARY 25, 2000 Leigh Kerr, City Planning Consultant, explained that the required setback in a C-2 zoning district was 10 foot from a residential parcel and that a 75-foot setback was being provided. He also stated that the landscape requirement was 10 foot and 20 foot was being provided. He advised that Publix had agreed to construct a wall or fence between the development and the condominium. Commissioner Etling stated that one of the objectives of the design guidelines was to avoid a long, strip shopping center appearance. He suggested that the petitioner work - with,.the,Mainstreet Design group.to provide a-more visual interest and to take into consideration the SE 5t" Avenue elevation. Commissioner Etling suggested the use of "S" tiles for the roof on SE 5t" Avenue and Mr. Green agreed. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to continue the meeting until 1:00 a.m. The motion passed unanimously. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to adopt the Resolution approving the Variance (VA-90-99) with the following conditions: (1) petitioner shall have his Architect improve the design detail of the elevation along SE 5th Avenue; (2) petitioner shall continue the mansard roof line south along the east face of the building and around the southernmost southeast corner of the building to the rear loading dock, adding "S" the roof; (3) petitioner shall meet with Gene Malone, Meadowbrook Lakes Condominium Association, with regard to adding more attractive roof features to enhance the view from the condominium; (4) petitioner shall restrict truck deliveries to the hours between 8:00 a.m. and 8:00 p.m.; (5) petitioner shall prohibit delivery truck engines from operating during deliveries to reduce noise; (6) petitioner shall require delivery trucks exiting on to SE 5th Avenue to travel north bound only, (7) petitioner shall install a sound proof concrete wall between Publix and Meadowbrook Lakes Condominium leaving most of the foliage untouched; (8) petitioner shall revise the Site Plan, Building Elevation Plans and Landscape Plan and resubmit them to City Staff and City Commission for review. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes (b) SP-91-99 — Request for Site Plan approval by Herb Green of Avid Engineering, representing Mark Sheldon of Regal Ventures, Inc, for Publix Supermarkets, for property located on the SW corner of SE 5th Avenue and Dania Beach, Blvd., Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY HERB GREEN, AVID ENGINEERING REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. FOR PUBLIX SUPERMARKETS , FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DANIA BEACH BLVD. AND SE 5TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES - CITY OF DANIA BEACH 14 JANUARY 25, 2000 Leigh Kerr, City Planning Consultant, explained that the site would include a 66,000 square foot structure and the Publix facility would consist of 44,000 square feet. Mr. Kerr advised that the applicant enhanced the landscaping plan by adding vegetation and hedges along the western portion of the site to buffer what would be a future out- parcel that was located in the northwest corner of the site and identified as Parcel 2. He also advised that the applicant enhanced the landscaping by including trees around the storm water pond on the southwest portion as well as the southeast portion and added a lot of Royal Palm trees along the frontages. He mentioned that the applicant agreed to.maintain.the.existing buffer,along the southern portion of the property and to construct a fence five feet from the property line along the southern portion of the property. Staff recommended that the alternate site plan for landscaping for the southern perimeter be approved in the event that the existing buffer was lost so that a plan would be on file that would have to be implemented by the applicant. The applicant proposed to use beige, creamy yellow and white for colors. Molly Hughes, Hughes Hall Inc., explained that she obtained the number of dwelling units within the approximate service area of the site to determine estimated driveway volumes. Approximately 65% of all traffic entering and 84% of all traffic exiting the site would do so by way of the driveway connection to SE 5th Avenue. The applicant proposed to provide two driveways on Dania Beach Boulevard, which would require a 245-foot separation. The driveways proposed by the applicant did not satisfy the criteria and she recommended a single, centrally located driveway. She explained that by using the applicant's projected driveway traffic, a single driveway connected to Dania Beach Boulevard would require a 100-foot-long vehicle reservoir, however, using her projected driveway traffic, a single driveway connection to Dania Beach Boulevard would only require a 50-foot-long vehicle reservoir. Regarding signalization at the intersection of Dania Beach Boulevard & SE 5th Avenue, Ms. Hughes advised that the Florida Department of Transportation conducted a Signal Warrant Study and determined that a traffic signal was warranted at this intersection. She advised that FDOT noted that the two existing driveways on the north approach must be combined into one driveway in order to implement signalization at the intersection. Ms. Hughes recommended that one driveway be permitted on Dania Beach Boulevard with a vehicle reservoir length of 50 feet and that the applicant bond for one half ($75,000.00) of the estimated cost of design and construction of a traffic signal at the intersection of Dania Beach Boulevard and SE 5th Avenue. In addition, Ms. Hughes recommended that the applicant be required to channel traffic to the outbound driveway onto SE 5th Avenue, forming a curve strong enough to require truck drivers to exit to the north only. Herb Green, Publix, clarified that Publix does not allow their trucks to cross the front of their stores, so they would not enter from SE Fifth Avenue and agreed that a truck auto- turn would be utilized. Mr. Green also advised that the site plan was revised to include landscaping in the median area consisting of 400 square feet. In addition, Publix was willing to provide bonding in the amount of $58,000 toward the signalization of the intersection of SE 5th Avenue and Dania Beach Boulevard. MINUTES - CITY OF DANIA BEACH 15 JANUARY 25, 2000 Mayor Bertino asked if Publix would reinstall the bike path on the east side of the site, after construction. Mr. Green stated that he would not have any objection to re- establishing the bike path. In response to Commissioner Etling, Mr. Green advised that the deceleration lanes would be 50 feet long. Commissioner Mikes.requested that the landscaping on the site be increased by 10%. Mr. Kerr advised that the revised landscaping plan was already in excess of the Code. At this time, a motion was made by Commissioner Cali, seconded by Commissioner Etling, to continue the meeting to 1:30 a.m. The motion passed unanimously. Mayor Bertino asked about the wall separating the site from the residential property. Mr. Green advised that a 6-foot pre-cast concrete wall would be constructed for separation purposes. City Manager Smith advised that all drainage issues with regard to the site had been addressed to staff's satisfaction. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the request, the public hearing was closed. Commissioner Etling asked for a more pedestrian-friendly walkway on the site to accommodate the Mainstreet downtown area. Laurence Leeds, Growth Management Director, suggested a pedestrian gateway. Commissioner Cali suggested that an ordinance be drafted to standardize the delivery times for all shopping centers over a certain square footage. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt the Resolution approving the Site Plan (SP-91-99) with the following conditions: (1) petitioner shall install a pedestrian-friendly walkway along Dania Beach Boulevard with a "pedestrian gateway" access into the parking lot at the signage; (2) petitioner shall install a 6-foot pre-cast wall along the south side of the property; (3) petitioner shall wrap around the parapet roof along the east and south sides of the building to the loading dock on the rear of the building; (4) petitioner shall install "S" type roof tile in lieu of blue metal; (5) petitioner shall include 10% more trees than shown on the Landscape Plan and identify the trees; (6) petitioner shall develop a Landscape Plan to phase out invasive trees such as Brazilian Peppers and Melaleucas over a period of years; (7) petitioner shall provide a landscape buffer between the Meadowbrook Condominium and the proposed store; (8) petitioner shall provide 50% bonding ($75,000.00) for future signalization at the intersection of Dania Beach Boulevard & SE 5t" MINUTES - CITY OF DANIA BEACH 16 JANUARY 25, 2000 Avenue; (9) petitioner shall rebuild and maintain the paved walkway (bike path) on the east side of the property along SE 5th Avenue; (10) petitioner shall restrict truck delivery hours from 8:00 a.m. to 8:00 p.m.; (11) petitioner shall restrict delivery truck traffic from exiting southbound on to SE 5th Avenue with a channelized exit; (12) petitioner shall provide a 50-foot throat from future right-of- way edge for both entrances on Dania beach Boulevard; (13) petitioner shall revise the Site Plan, Building Elevation Plan and Landscape Plan with the above conditions and resubmit to City Staff and City Commission for review and approval. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.13 (a) VA-100-99 — Variance request by Stephen St. Clair of the Competition Cycle Shop to allow for a reduction of 5 (4.3) parking spaces in conjunction with a site plan for an addition to the existing shop building. A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN ST. CLAIR, COMPETITION CYCLE CENTER, FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, explained that there was an existing motorcycle shop on this site and that a Site Plan request that was before the Commission last summer included a proposal to use a portion of the Florida Power & Light easement to the south of the property. Because it would take too much time for the applicant to negotiate with FP&L, Mr. St. Clair was now requesting a five parking space variance in order to accomplish the addition to the building. Staff recommended approval of the variance with the condition that it be linked to motorcycle shop use only. Mayor Bertino opened the public hearing. Hearing no one speak in favor or in opposition of the variance, the public hearing was closed. Commissioner Mikes was concerned about excess noise from the petitioner's dogs and Old Griffin Road being used as a test track for motorcycles. Commissioner Mikes suggested that a restrictive covenant be obtained from the owner for the abutting strip of land between the canal and Old Griffin Road. He felt that the City should bare the expense of determining ownership of the parcel. At this time, a motion was made by Commissioner Mikes, seconded by Commissioner Etling, to extend the meeting until 2:00 a.m. The motion passed unanimously. A motion was made by Commissioner Mikes, Commissioner Etling, to adopt the Resolution approving the Variance (VA-100-99), with the condition that the property owner voluntarily grant, to the City, a covenant restricting use of the abutting strip of MINUTES - CITY OF DANIA BEACH 17 JANUARY 25, 2000 land between the Dania Cut-off Canal and Old Griffin Road for landscaping purposes and directing the City Attorney to determine ownership of the parcel. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes (b). SR-25-99 —_Request.for Site Plan approval by Stephen St. Clair of the Competition Cycle Shop for property located at 901 Old Griffin Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN ST. CLAIR, OWNER OF COMPETITION CYCLE, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN RD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes suggested that the Site Plan be continued to give the petitioner time to work with an Architect to enhance the north side of the building. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to continue Item 8.13(b) (SP-25-99) to the February 8, 2000, Regular Meeting, in order for the petitioner to work with an Architect to enhance the appearance of the metal building by adding decorative shutters, awnings or canopies on the north side of the building. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes 8.14 (a) SE-84-99 — Special Exception Request by William and Dawn Cepek owners of the Sign Studio for property located at 2381 Griffin Road, Dania Beach. The request is to allow the continued use of a vinyl sign shop in a B-2 zoning District. (Reference SP-85-99—Sign Plan Update for Sign Studio) A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY WILLIAM AND DAWN CEPEK, OWNERS OF THE SIGN STUDIO, FOR PROPERTY LOCATED AT 2381 GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE CONTINUED USE OF A VINYL SIGN SHOP, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, City Planning Consultant, advised that the applicant was applying for a special exception, which is permitted, provided that the principal arterial guidelines are met. The type of proposed building was not out of character with other commercial uses in the area nor would there seem to be any impact as to nuisance or the health, MINUTES - CITY OF DANIA BEACH 18 JANUARY 25, 2000 safety or welfare of the surrounding area. Staff recommended approval subject to compliance with the arterial guidelines. Commissioner Etling, Commissioner Cali, Commissioner Mikes, Vice-Mayor McElyea and Mayor Bertino advised that they each had conversations with Mr. Cepek regarding this matter. Mayor Bertino opened the public hearing. No one spoke in favor or in opposition to the .-request.and.the.public hearing was closed. Mr. Cepek was present to request approval of the Special Exception. A motion was made by Commissioner Cali, Seconded by Vice-Mayor McElyea, to adopt the Resolution approving the Special Exception (SE-84-99) request. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes Mayor Bertino - yes (b) SP-85-99 — Site Plan approval request by William and Dawn Cepek, owners of the Sign Studio, for property located at 2381 Griffin Road, Dania Beach. The request is to allow a 1,295 sq. ft. addition to an existing vinyl shop. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY WILLIAM AND DAWN CEPEK, FOR PROPERTY LOCATED AT 2381 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mr. Cepek requested approval of the Site Plan. Mayor Bertino opened the public hearing. No one spoke in favor or in opposition of the Site Plan and the public hearing was closed. Laurence Leeds, Growth Management Director, suggested that the new directional signs be excluded from the Site Plan approval. At this time, a motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to continue the meeting until 3:00 a.m. The motion passed unanimously. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to adopt the Resolution approving the Site Plan (SP-85-99) with the following conditions: (1) all new signs shall comply with code requirements; (2) existing large pole sign shall be excluded from approval. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor McElyea — yes MINUTES - CITY OF DANIA BEACH 19 JANUARY 25, 2000 Mayor Bertino - yes CITIZENS' COMMENTS WERE HEARD AT THE BEGINNING OF THE MEETING 9. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE, WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES. 9.1 Jimmy Peterman & Larry Black — Ice Cube Jimmy Peterman, 717 SW 4 Terrace, mentioned that he did not request to speak, but that he would like his wife to have the opportunity to speak at this time. Janice Peterman, 717 SW 4 Terrace, President of College Gardens Neighborhood Association, clarified that her Association is not as angry as was presented in the newspapers and that it is not true that the Association could not get along with Arlon Kennedy or the ICE CUBE Program. Mrs. Peterman mentioned that a few weeks ago the City Commission took action to vote on expanding the ICE CUBE program at Chester Byrd Park without advising the College Gardens Neighborhood Association. A letter was sent by the Executive Board of the College Gardens Neighborhood Association to City Manager Smith asking for an explanation about the newly expanded program, such as, infrastructure, timing on water and sewer hookup and staffing, and when it would be operational. She felt that the issue had become very divisive in the community and that the City Commission needed to address the matter on the basis of its merit and on what the community wants, not on untruths. Larry Black, 2411 Lake Miramar Way, Miramar, mentioned that he owns property, operates a business, and had lived in Dania Beach for 38 years. Mr. Black apologized to Vice-Mayor McElyea for actions by the community to picket his home when his wife was ill. Mr. Black mentioned that he did not request to speak at this meeting, however, he would like to state that an injustice was done to the City with the removal of Arlon Kennedy from the ICE CUBE Program. He urged the City Commission to resolve the matter and clear up the misinformation that had been presented. Bobbie Grace, 110 NW 8th Avenue, mentioned that she had been a resident of the City of Dania Beach since 1951. She thanked the City Commission for the opportunity to speak and she also thanked the citizens for their support. She apologized to Vice- Mayor McElyea and his wife, Carol, for any inconvenience that was caused due to the recent protests. She also apologized to Commissioner Etling for having to cancel the January 24th Millennium Capsule burial at the Nyberg/Swanson House because of the protests. She explained her desire to call a roll of community organizations who had representatives present at this meeting in an effort to allow anyone in opposition of Arlon Kennedy or the ICE CUBE Program to come forward and state their conflict. Bobbie Grace called the roll of the following organizations: MINUTES - CITY OF DANIA BEACH 20 JANUARY 25, 2000 American Legion Post 209 Peterman's Nursery MUPA Dania Housing Authority College Gardens Association Reach Club-City of Dania Beach Northwest Byrd Point Civic Assoc. Girl Scouts of Charlie Will Thomas Park DEDC PAL Program-BSO Bethel Missionary Baptist Church Charlie Will Thomas Park Senior Citizens St. Ruth Missionary Baptist Church Collins Elementary and Collins Elementary PTA Bibleway Missionary Baptist Church CIRCA "K" Kids-Kiwanis Club-Collins Elementary Greater Mt. Zion AME Church Blue Ribbon Bond Committee Emanuel Church of God in Christ Memorial Hospital in conjunction with ICE CUBE Church of God in Christ in Dania Reliance Housing Foundation House of Prayer for all People, Dania Arlon Kennedy's people in the City of Dania Beach Trinity Missionary Baptist Church, Dania Turn Around Dania Beach Camp Blanding Childcare Center Concerned Citizens of Dania Beach Bobbie Grace confirmed that no one had stated his or her inability to work with Mr. Kennedy or the ICE CUBE Program. She explained her attendance tonight at an annexation meeting held at Coconut Creek and urged the City Commission to promote a sense of unity in the community in order to entice new residents in the upcoming annexation process. She stated that the ICE CUBE Program was a positive program for the community since it had grown from 12 students to 90 students and over 100 in the afternoon program. She mentioned that the program worked very well with the three staff members who operated it and urged the City Commission to understand the need for young children to learn computer skills. She mentioned receiving many calls from persons from Fort Lauderdale, Hollywood, Pompano and Miami offering computer services to start the program up again as well as provide trailers and space for the program. Bobbie Grace pleaded with the Commission to rescind their actions to remove Arlon Kennedy from the ICE CUBE Program. ITEM#5 WAS HEARD AFTER CITIZENS' COMMENTS (COMMISSION COMMENTS WERE HEARD AT 2:15 A.M. 112612000) 10. COMMISSION COMMENTS 10.1 Commissioner Cali allowed time for Reverend Carter to speak. Reverend Carter urged the City Commission to rescind their action to remove Arlon Kennedy from the ICE CUBE Program and to consider the needs of the children in the community. 10.2 Commissioner Etling thanked Bobbie Grace for her earlier apology to him for his having to cancel the plans for the January 24th Millennium Capsule burial at the Nyberg/Swanson house due to recent protests concerning the ICE CUBE Program. Commissioner Etling thanked the public for their patience and understanding for the extensive time taken to address each agenda item tonight. 10.3 Commissioner Mikes mentioned that the City Commission was interested in doing what was right for the children in the City and that no program would be stopped; ® it would only be operated differently, based on staff's recommendation. MINUTES - CITY OF DANIA BEACH 21 JANUARY 25, 2000 ® 10.4 Vice-Mayor McElyea mentioned that he had always been very supportive of all the children and stated that he remains firm on his decision to remove Arlon Kennedy from the ICE CUBE Program. 10.5 Mayor Bertino clarified that the City Commission believed it made a good business decision concerning the ICE CUBE Program and that the public must realize that there would always be disagreements about how community issues should or shouldn't be handled in the City. Mayor Bertino mentioned that it was obvious that the City wants to help the children of Dania Beach. 11. DISCUSSION AND POSSIBLE ACTION 11.1 Request by Evangelist Buddy Fipps, Mission For Recovery Ministries, Inc., for permission to construct temporary tents at Stirling Road and Phippen/Waiters Road. (Continued to the February 8, 2000, Regular Meeting) 12. APPOINTMENTS (CONTINUED TO FEBRUARY 8, 2000) 12.1 Appointment of 4 members on the Airport Advisory Board. 12.2 Appointment of 1 member on the Economic Development and Downtown Redevelopment Board. 12.3 Appointment of 1 member on Dania Housing Authority. 12.4 Appointment of 1 member on Human Relations Board. • 12.5 Appointment of 1 member on the Marine Advisory Board. 12.6 Appointment of 2 members on the Occupational License Review Advisory Board. 12.7 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board. 13. ADMINISTRATIVE REPORTS 13.1 City Manager - none 13.2 City Attorney - none 14. ADJOURNMENT—The meeting adjourned at 2:23 a.m.,January 26, 2000. ATTEST: MAYOR— COMMISSIONER ACTING CITY CLE Respectfully submitted by Nand Denny APPROVED: OCTOBER 9, 2001 MINUTES - CITY OF DANIA BEACH 22 JANUARY 25, 2000