HomeMy WebLinkAbout2000-02-22 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
• FEBRUARY 22, 2000
1. MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7;30 P.M.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Margaret Smart, VITAS Hospices Chaplain of Broward County
3. ROLL CALL
Mayor: John Bertino
Vice Mayor: Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Thomas Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
4. PRESENTATIONS
a) BSO— Chief Anton, Dania Beach District II, commended the Children's Benevolent
Association for their efforts to help in excess of 350 children over the past seven years. Chief
Anton presented plaques to Mickey Bray, Children's Benevolent Association, Alan Dismuke,
Tug Boat Annies, and Jim Lynch and Bill Hyde, American Maritime Officers Services (AMOS),
for their unselfish and tireless dedication to Dania Beach children.
Dr. Kathleen DiBona, Principal/CEO Dania Elementary School, on behalf of the children and
parent group of Dania Elementary School, presented Chief Anton with a plaque of appreciation
for his dedication to children.
5. PROCLAMATIONS
a) A proclamation declaring February 22, 2000 "Leberta "Chickee" Brandimarte Day" in the
City of Dania Beach.
Gary Garofalo, Citizens Observer Patrol (COP), explained that the program has grown from 6
inactive to 72 active members as of May 1999, and up to 108 certified members at this time. He
commended the members for donating their time to help reduce crime in the community and
encouraged the public to participate in the COP program.
• Leberta Brandimarte recognized those members in the COP program for their dedication to the
community and expressed appreciation for being recognized by the proclamation.
MINUTES 1 FEBRUARY 22, 2000
CITY OF DANIA BEACH
b) A proclamation declaring the week of March 24 through March 30, 2000 to be "United
Way of Broward County Appreciation Week" in the City of Dania Beach.
City Manager Smith read both proclamations.
• Items 6.2 and 6.4 were pulled from the Consent Agenda:
6. CONSENT AGENDA (including expenditures)
Bills:
6.1 Approval of bills for the month of December, 1999.
Resolutions:
6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE
SCHOOL BOARD OF BROWARD COUNTY'S CONTINUED APPROPRIATIONS FOR
AND DUAL DELIVERY OF ALL CURRENTLY AUTHORIZED POST SECONDARY
VOCATIONAL, TECHNICAL AND ADULT PROGRAMS FOR THE PURPOSE OF
PRESERVING THE CURRENT GOVERNANCE STRUCTURE; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, approving the
Consent Agenda with the exception of Items 6.2 and 6.4.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea—yes
Mayor Bertino-yes
ITEMS PULLED FROM THE CONSENT AGENDA:
6.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND FLORIDA COCA COLA
BOTTLING COMPANY FOR THE PLACEMENT OF VENDING MACHINES AT CITY
FACILITIES; PROVIDING FOR A ONE-YEAR TERM OF THE AGREEMENT;
PROVIDING FOR CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, amending the
agreement on Page 3, Item 7, to include language clarifying that the City is self-insured, exempt
from covering any equipment, and would be provided a Hold Harmless on the vending
machines, and adopting the Resolution as amended.
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
MINUTES 2 FEBRUARY 22, 2000
CITY OF DANIA BEACH
6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DANIA
BEACH AND THE HUMANE SOCIETY OF BROWARD COUNTY, INC.; PROVIDING
CLARIFICATION OF THE LEGAL DESCRIPTION OF THE LEASED PREMISES;
• PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes requested that the lease amendment be prepared in Ordinance form since
the item relates to leasing public property for an extended period of time.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, directing staff
to prepare the item as an Ordinance for first reading March 13th and public hearing on March
28th.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
Ordinances—title to be read by City Attorney
At this time, the City Commission discussed cable and fiber optic installations that are affecting
City right-of-ways with Adrian E. Herbst, Baller Herbst Law Group, Special Counsel for the City,
on Telecommunications issues. The City Commission generally agreed to direct City Attorney
Ansbro and Special Counsel Herbst to move forward with establishing an application procedure
covering costs for review and processing, preparing an Interim License Agreement establishing
standards for uses and protections of City right-of-ways, and developing an ordinance
establishing the charges and requirements.
7. BIDS AND REQUESTS FOR PROPOSALS-none
8. PUBLIC HEARINGS
8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM;
PROVIDING THAT THE DEFERRED RETIREMENT OPTION PLAN (DROP) SHALL INCLUDE
A PARTICIPANT SELF-DIRECTED INDIVIDUAL ACCOUNT; PROVIDING THAT THE BOARD
OF TRUSTEES SHALL DESIGNATE AN INVESTMENT ADVISER TO INDIVIDUALLY
ADMINISTER THESE ACCOUNTS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
Commissioner Cali advised that the General Employees Pension board requested the same self
directed option for their Deferred Retirement Option Plan and he agreed to contact Attorney
Robert Sugerman, Attorney for Police & Fire and General Employees Pension Plans, on
• preparing another ordinance. Commissioner Cali encouraged equal benefits for each group of
employees and pointed out that the City should not set a precedent of providing one class of
employees with greater benefits, especially, when dealing with retirement. Commissioner
Mikes agreed that reasonable retirement benefits should be provided to the lower income
MINUTES 3 FEBRUARY 22, 2000
CITY OF DANIA BEACH
employees in the general labor force since there is a tremendous difference in salary incomes
between the two groups. City Manager Smith advised that the two plans are very similar in
regards to benefits since the General Employees Association took a stronger position for
retirement benefits and less interest in salary increases in recent collective bargaining
negotiations.
• City Manager Smith explained that the DROP plan provides for an employee to establish a
retirement date and monthly benefit amount. The employee continues to work for the City for up
to five-years, 7 '/z years for Department Heads. During this time, the monthly benefit is
deposited into a trust fund and, once the employee stops working, the trust funds are then
available to assist the employee with retiring.
Mayor Bertino clarified that this Ordinance has no limit to the number of times the employee can
change investments and that the cost of broker fees will be paid by the employee.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
ordinance on second reading.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
8.2 (a) RZ-88-99 — Rezoning request by Craig A. Smith and Associates for Jack Studiale,
Owner, Tropical Acres Restaurant, for property located at 2500 Griffin Road, Dania Beach. The
request is to rezone the property from residential R-1C/Commercial B-2 to Commercial C-2
using the 5% commercial flexibility rule (see also VA-99-99 and SP-99-99).
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING
REQUEST BY JACK STUDIALE, FOR PROPERTY LOCATED AT 2500 GRIFFIN RD. 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 NORTH 1.31 +/-ACRE PORTION FROM BROWARD
COUNTY B-2 (COMMERCIAL) TO C-2 (COMMERCIAL) AND THE SOUTH 1.66 ACRE
PARCEL FROM R-1C (RESIDENTIAL) TO THE CLASSIFICATION OF C-2 (COMMERCIAL)
USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro advised that the rest of the Public Hearing items are quasi-judicial matters
and that the City Commission should report any communications for or against any agenda
item. City Attorney Ansbro read the titles of each item for 8.2 a, b, and c.
Mayor Bertino, Commissioner Cali and Vice-Mayor McElyea disclosed communications with Mr.
Studiale.
MINUTES 4 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Laurence Leeds, Growth Management Director, explained that the petitioner is requesting two
rezonings, a variance and a site plan. The Tropical Acres Restaurant has a shortage of parking
due to its popularity. The applicant has not only asked that the existing parcel be rezoned from
County Zoning to City Zoning, but also that the parcel aGrar,6 the s behind the restaurant,
® which is currently unimproved and used for employee and valet parking, also be rezoned. Mr.
Leeds added that the parcel aGress the s behind the restaurant would be paved and
completed with landscaping and vegetation. (amended 3/13/2000)
David Anerton, Senior Planner with Craig Smith &Associates, agreed with staff's
recommendation and requested approval of the rezonings.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, adopting the
Ordinance (RZ-88-99) on second reading.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
(b) VA-99-99 — Variance request by Craig A. Smith and Associates for Jack Studiale, Owner,
Tropical Acres Restaurant, for property located at 2500 Griffin Road, Dania Beach. The request
is for a Variance from Section 26-43, Parking Lot Landscaping. (see also RZ-88-99 and SP 99-
99)
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JACK STUDIALE,
OWNER, TROPICAL ACRES RESTAURANT, FROM CHAPTER 26 VEGETATION; ARTICLE
IV LANDSCAPING - SEC. 26-43, FOR PROPERTY LOCATED AT 2500 GRIFFIN ROAD,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the variance involves the parcel
at the south end of the site. Code requires an applicant who is adding parking over a certain
threshold to bring the existing parking up to code. The variance hardship is that, in order to
meet the code, the applicant would lose several parking spaces currently needed for the
restaurant which would only be exacerbating the existing parking problem.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
Commissioner Mikes mentioned the City's intent to upgrade the Griffin Road corridor and the
® limited control that the City has over medians. He mentioned that applicants are being asked to
go above and beyond the required landscaping in an effort to enhance the area.
• MINUTES 5 FEBRUARY 22, 2000
CITY OF DANIA BEACH
When asked about the billboard on the parcel on the north side of Griffin Road, Mr. Studiale
advised that the billboard has been in the same location some 10 years and that he desired to
retain the billboard as long as possible. After further discussion, Mr. Studiale agreed to speak
with the owner of the restaurant about a time frame for removing the billboard. Mr. Studiale
agreed that the restaurant sign located on Federal Highway could use improvement and that the
® reference to the "Town of Davie" on the sign could be removed and wording "Welcome to Dania
Beach" could be added.
Larry Leeds, Growth Management Director, explained that the applicant has four more years to
remove the on-site premises sign for the restaurant and comply with current code.
Commissioner Etling pointed out to the applicant that, while the site plan is being reviewed, he
may want to be aware of the code requirements that will need to be met in the future for the on-
site sign.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
Resolution approving VA-99-99 subject to the applicant providing landscaping consistent with
the restaurant site that would include 4 to 5 Palm Trees (minimum of 6 to 8 foot of clear trunk), a
hedge, sod and/or other landscaping to obscure the sign base at the parcel on the opposite side
of the street.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
(c) SP-99-99 — Site plan approval request by Craig A. Smith and Associates for Jack
Studiale, Owner, Tropical Acres Restaurant, for property located at 2500 Griffin Road, Dania
Beach. The request is to expand and renovate the site's parking and landscaping areas.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY JACK STUDIALE, OWNER TROPICAL ACRES RESTAURANT,
FOR PROPERTY LOCATED AT 2500 GRIFFIN RD., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, requested a continuance to March 13th of the
site plan so that further details could be worked out with the City's landscaping consultant on
landscaping in the back of the restaurant. Commissioner Mikes urged the City Commission to
realize the need for more buffering for the residential community and he commended Mr. Leeds
for his attention to the landscaping needs.
Mr. Studiale pointed out that he has been delayed since September when he started with Terry
Virta, previous Growth Management Director, and Leigh Kerr, City's Planning Consultant, and
that he is now finishing up with Laurence Leeds, Growth Management Director. He explained
that he has complied with all changes requested by past staff members and that he has no
® objection to adding more landscaping, but would like to finish the project.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, continuing
Resolution (SP-99-99) to Monday, March 13, 2000, in order to allow Laurence Leeds, Growth
• MINUTES 6 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Management Director, and the City's landscape consultant to work out details on the landscape
plan in the rear yard in order to provide better buffering for the residential community.
The motion passed on the following roll call vote:
® Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
8.3 (a) PL-97-99 — Second reading of ordinance approving the "Hilton Gardens at Stirling Road"
plat for property located north of Stirling Road, on the east side of SW 18th Avenue and south of
SW 1 st Street. (see also RZ-110-99 Hilton Gardens)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "HILTON GARDENS
AT STIRLING ROAD" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA
AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "HILTON GARDENS AT
STIRLING ROAD"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Second reading)
Laurence Leeds, Growth Management Director, explained that staff has no objections to the plat
approval, but would recommend that the four conditions in staff's report be added to the
approval.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the
Ordinance (PL-97-99) on second reading with the four conditions listed in the staff report from
Leigh R. Kerr dated February 16th as follows:
✓ FAA or Broward County Aviation Division approval prior to building permit.
✓ Bond for the above referenced improvements on Southwest 18th Avenue prior to building
permit and construct said improvements prior to Certificate of Occupancy.
✓ Provide sidewalks along Southwest 181h Avenue adjacent to the plat. Bond for said
sidewalk improvements prior to building permit and construct improvements prior to CO.
✓ Submission of tax receipts of all parcels included in the subdivision together with a
notarized statement that no liens are imposed on such property. (Section 33-225 of
Article VI. Subdivisions - Zoning Appendix) prior to Site Plan Approval.
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
(b) RZ-110-99 — Second reading of ordinance approving the rezoning request by Robert
MacLaren, II of Osborne and Osborne, P.A. for Nick Economos, Coed-Economos Properties,
MINUTES 7 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Inc. for property located north of Stirling Road, on the east side of SW 18th Avenue and south of
SW 1st Street, Dania Beach.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING
REQUEST BY NICK ECONOMOS, COED-ECONOMOS PROPERTIES, INC., FOR
PROPERTY LOCATED AT STIRLING RD AND SW 18TH AVE. 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 A-1 (AGRICULTURE) TO THE CLASSIFICATION OF C-2
(COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
Laurence Leeds, Growth Management Director, explained that C-2 is the most restrictive
commercial zoning district in the City and that the applicant has been notified that it may be
necessary for them to apply to Broward County for a land use amendment.
Rem McClaren, representing Coed Economos Properties, Inc., mentioned that they have
worked very closely with staff and that they agree to work out the land use amendment with
Broward County.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
Mr. McClaren clarified that the site is not owned by the owners of Springhill Suites, but was
previously owned by Mr. & Mrs. Wells. Mr. McClaren understood that the oak trees would be
preserved and clarified that the three acres immediately south of the site, fronting on Stirling
Road, is the Audubon Society property.
Commissioner Etling mentioned that the City is interested in moving the I.T. Parker House from
the site for historical preservation purposes. Mr. McClaren stated that Mr. Economos has
agreed to make the house available and there has been some discussion regarding
contributions towards moving the house and restoration costs, but he could not confirm any
decision by Mr. Economos.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the
Ordinance (RZ-110-99) on second reading.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
8.4 (a) SE-103-99 -- Special exception use request by Florida Power & Light for property
located at approximately the north side of SW 36th Street between 26th Terrace and SW 30th
Avenue (2801 SW 36th Street). Special Exception request is to allow the placement of an
electrical substation. (see also SP-104-99)
MINUTES 8 FEBRUARY 22, 2000
CITY OF DANIA BEACH
. A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION
REQUEST SUBMITTED BY NICK BLOUNT, REPRESENTATIVE, FLORIDA POWER AND
LIGHT COMPANY, FOR PROPERTY LOCATED AT 2801 SW 36T" STREET, DANIA BEACH,
FOR A SPECIAL EXCEPTION USE TO ALLOW THE USE OF AN ELECTRICAL SUBSTATION
ON THE PARCEL, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20
SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
(b) SP-104-99 — Site Plan request by Florida Power & Light for property located at
approximately the north side of SW 36th Street between SW 26th Terrace and SW 30th Avenue
(2801 SW 36th Street). Site Plan request is for the construction of an electrical substation. (see
also SE-103-99)
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY NICK BLOUNT, FLORIDA POWER AND LIGHT, FOR PROPERTY
LOCATED AT 2801 SW 36T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Etling advised that he had discussions with FPL's municipal representative and
Commissioner Cali advised of discussions with representatives from FPL. Vice-Mayor McElyea
mentioned that a phone message from an FPL representative was left on his answering
machine but he did not return the call.
Laurence Leeds, Growth Management Director, explained that the property is located in the
extreme northwest portion of the City, north of Alandco, and east of Collins Road. The property
is an un{-}manned FPL substation and Mr. Leeds presented staff's recommended conditions
should the request be approved.
Commissioner Etling questioned the kind of equipment that would be on the site since it would
directly impact landscape screening. Nick Blount, FPL representative, presented a handout for
each City Commissioner of the Collins Substation Exhibits showing the landscaping views. Mr.
Blount explained that the equipment for the substation is closely related to the Dania Station
since it will be a distribution station. The Laudania Substation is a transmission switching
station and does not serve customers in the immediate area. He assured the City Commission
that the Collins substation would have a much lower profile than previously built stations.
Mr. Blount explained that the growth rate has averaged 6% over the last several years, which is
attributed to industrial development and airport expansion. The Collins substation is intended to
provide reliable service to the people in the immediate area but will also relieve some of the
problems in the surrounding areas as some of the other substations are relieved of service. Mr.
Blount advised that FPL has worked with staff to exceed code requirement on landscape
buffering and he presented the following responses to three of the five conditions recommended
by Mr. Leeds:
Condition #2 requires FPL to dedicate 35.03 feet of right-of-way to Collins Road prior to the
issuance of a building permit. FPL is currently preparing for condemnation of the 35 foot parcel
from another owner with the intent to dedicate it to the City. Mr. Blount expected the process to
take 90 days. He requested that FPL be allowed to proceed with the building permit process
MINUTES 9 FEBRUARY 22, 2000
CITY OF DANIA BEACH
with the understanding that the easement would be dedicated prior to issuance of a Certificate
of Occupancy.
Laurence Leeds, Growth Management Director, explained that this is an unmanned facility and
he didn't want to be placed in the position of holding up a C/O for an operation that appears to
be a significant facility until the right-of-way is received. Mr. Leeds recommended making this a
condition to the Special Exception and reminded the City Commission that its City's policy to
request a dedication of right-of way prior to issuance of a building permit.
Mr. Blount stated that back in the 1940's, the 35 foot parcel was intended to be dedicated to the
City or Broward County and for some reason the transaction did not take place. FPL is
essentially landlocked to the property that they are contracted to buy and are going to proceed
with condemnation for the 35 feet of property in order to have access to the property.
Condition #3 requires that sidewalks be provided along Collins Road. Mr. Blount mentioned that
the issue has been discussed with previous Growth Management Director, Terry Virta, about
requesting a waiver. FPL agrees to build the sidewalk and would like to bond for it to be built at
a later date determined by the City.
Condition #4 provides for an access easement to the undeveloped portion of the FP&L parcel
prior to issuance of building permit. Mr. Blount pointed out note #10 on the site plan stating that
the easement would be provided at such time as any transaction of the rear portion of the
property occurs.
Mr. Leeds recommended that a cash bond be required for Condition #3 and that the set amount
• {to} be determined by the Chief Building Official. He further stated that the problem with adding
conditions relative to the sale of property is that staff will not be notified of the sale unless the
applicant advises the City. Mr. Leeds continued to recommend that the easement be obtained
prior to building permit.
Pam Rouse, Attorney for FPL, urged the City Commission to allow FPL the opportunity to
provide the 35-foot easement dedication at the time of Certificate of Occupancy due to problems
with title review and because FPL does not own the property yet. In regards to the access
easement, Attorney Rouse agreed to provide the appropriate access easements as a condition
to selling the property.
Mr. Leeds restated his desire to require the 35 foot right of way easement to Collins Road prior
to building permit. Commissioner Mikes mentioned that FPL sometimes subleases properties
and questioned whether a condition should be added restricting outside storage use in the event
an adjoining property owner began storing equipment. Mr. Leeds mentioned that this type of use
would come to staff through a code violation and he was not sure that a condition could be
added that is already covered by the zoning code.
Mayor Bertino questioned why FPL is only providing half of a site plan when the parcel is not
divided and is held under single ownership. Mr. Blount advised that FPL met with
representatives from Broward County Environmental Protection to determine the delineation of
the wetlands but was unable to provide the City with any documentation. Mayor Bertino
recommended continuance until FPL could bring back a completed site plan and Commissioner
Mikes stressed that the plan should also show the jurisdictional wetlands. Attorney Rouse
MINUTES 10 FEBRUARY 22, 2000
CITY OF DANIA BEACH
reassured the City Commission that FPL has no plans for development of the land and could
not understand the need for the documentation since the land is designated as wetlands and
natural vegetation.
Commissioner Cali suggested approving the site plan conditional upon FPL providing the
substantial documentation on the wetlands at a future date since the City is not going to request
FPL to landscape wetlands or provide drainage plans for a wetlands area.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, continuing SE-
103-99 and SP-104-99 to March 13, 2000, regular meeting in order for the applicant to provide a
full site plan with documents from an engineering firm and/or a qualified botanist showing lines
and elevations, the types of vegetation, and the area defined as wetlands for the back parcel of
land.
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
8.5 (a) VA-83-99 — Variance request by Joseph Mancusi from Chapter 28, Article 6.21 Off
Street Parking Requirements and Chapter 26, Article IV Landscaping, Section 26-47 Vehicular
Use Areas for property located at 227 North Federal Highway, Dania Beach (see also SP-83-
99).
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH
MANCUSI, FOR PROPERTY LOCATED AT 227 NORTH FEDERAL HIGHWAY, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the variance is for parking and that
the applicant desires to use the first floor of the structure for commercial purposes and retain the
second floor as an apartment, which is permitted under C-2. The applicant is providing for five
parking spaces (4 on south side/1 handicap space on north side) and has agreed to use
Chicago Brick.
Mayor Bertino opened the public hearing.
Patty Hart, Main Street Board Member, commended Mr. Mancusi's efforts to upgrade the area
and urged the City Commission to approve the request.
Hearing no further comments, Mayor Bertino closed the public hearing.
Commissioner Mikes questioned the landscaping for the site. Item 8.6 and 8.7 were heard
while staff located Mr. Mancusi's landscape plan.
MINUTES 11 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Laurence Leeds, Growth Management Director, confirmed that the landscape plan was
approved by Leigh Kerr.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
Resolution (VA-83-99) with the conditions that the applicant use Chicago Brick throughout the
paved parking area in the front and replace the Live Oak trees with a mixture of Foxtail palms
and Mahogany trees and planted as recommended by the City's landscape consultant.
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-83-99 — Site plan request by Joseph Mancusi for property located at 227 North
Federal Highway, Dania Beach. (see also VA-83-99)
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY JOSEPH MANCUSI, FOR PROPERTY LOCATED AT 227 NORTH
FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
iA motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, adopting the
Resolution (SP-83-99) with the conditions that the applicant use Chicago Brick throughout the
paved parking area in the front and replace the Live Oak trees with a mixture of Foxtail Palms
and Mahogany trees and planted as recommended by the City's landscape consultant.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
Item 8.8 was heard after Item 8.5.
Item 8.6 and 8.7 were heard prior to Item 8.5.
8.6 PL-93-99 — Second reading of ordinance approving the "Gaeta Center" plat for property located
on the southwest corner of Griffin and Ravenswood Roads.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GAETA CENTER"
PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;
ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND
ALLEYS AS SHOWN ON SUCH PLAT OF "GAETA CENTER"; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
MINUTES 12 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Laurence Leeds, Growth Management Director, advised that the applicant has withdrawn the
plat request. The City Commission decided that no action was necessary.
8.7 (Staff is requesting continuance)
SP-91-99 — Site Plan request by Herb Green of Avid Engineering for property located at the SW
corner of Dania Beach and SE 5th Avenue, Dania Beach.
Laurence Leeds, Growth Management Director, requested continuance of the final approval for
the Site Plan (SP-91-99) based upon the numerous outstanding landscaping issues that need to
be addressed as outlined in his letter dated February 15, 2000, to Mark Sheldon, Avid
Engineering, for the Publix Shopping Center.
The City Commission allowed Herb Green, Avid Engineering, to present a revised site plan and
to request final approval. Laurence Leeds, Growth Management Director, clarified that he has
not seen or reviewed the revised site plan submitted by Mr. Green or had an opportunity to
confirm numerous landscaping issues with the applicant.
Brian Fisher, Fisher &Associates Architects, mentioned that the elevations have been revised
in an effort to create a breakup in the horizontal lines that are on the center of the building and
that there has been a change to a terracotta barrel tile roof to warm up the facility. Mr. Fisher
reviewed the site plan with the City Commission and pointed out the changes.
Mr. Leeds mentioned that he asked for an architectural plan showing the overhangs since it was
indicated at the last meeting that the overhang was supposed to wrap around the side of the
r store and go around the back of the retail stores and continue further south just around to the
loading dock. Staff does not desire to hold this project up, however, it is very difficult to make
decisions when all of the information is not received from the applicant.
City Attorney Ansbro stated that Mr. Leeds has advised that the site plan is not ready for action
and that the applicant insisted on being heard. City Attorney Ansbro suggested that these
issues be worked out with staff before any further action is taken.
Commissioner Etling urged continuance since there does not appear to be any walkway access
into the shopping center from the southern portion shown on the site plan and that Dania Jai
Alai may even need to be involved in the median opening and traffic issues relating to the
project.
Mayor Bertino opened the public hearing.
Gene Malone, Meadowbrook Condominium Buildings M & N, 170 SE 5 Avenue, mentioned that
residents of Meadowbrook have resolved most of the their concerns with Publix, however, he
also thought that a walkway was going to be installed from the store to the condominium for the
residents and that the mansard roof was expected to wrap around to the loading dock.
Beulah Lair urged the City Commission to make sure that the owners of the store be required to
continue to take care of the back of the store, which is the most impact to the residents living in
the area.
MINUTES 13 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Don Knox, VP/General Manager of Dania Jai Alai, expressed traffic concerns with closing the
median on Dania Beach Boulevard and the SE 5th Avenue corridor proposed intersection. Mr.
Knox was concerned that there may be a potential for accidents when people turn into the valet
entrance and make U-turns. Mr. Knox advised that his legal staff has reported their concerns to
FDOT and the City and that Dania Jai Alai expects to be involved in the median closing.
In addition Mr. Leeds mentioned that the City's landscape consultant is recommending removal
of the existing vegetation in the rear of the store and the installation of a six-foot wall with
landscaping on both sides of the wall. If the community wants to retain existing tree covers
(Australian Pines, Melaleuca and Brazilian Pepper), the City could approve that as the green
belt and monitor it on a year or two basis. Mr. Leeds advised that the applicant's architect has
agreed to work with him on this issue.
Mr. Green agreed to work with Mr. Leeds on the additional concerns with the site plan and
clarified that the traffic concerns and median opening must be resolved through FDOT.
Hearing no further comments, Mayor Bertino closed the public hearing.
After further discussion, a motion was made by Commissioner Etling, seconded by
Commissioner Mikes, continuing the final approval of Site Plan (SP-91-99) for Publix Shopping
Center to the March 28, 2000, meeting with the understanding that the item will be placed first
under Public Hearing.
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
(Continued from 1/25/00)
8.8 SP-25-99 — Site plan approval request by Stephen St. Clair of Competition Cycle Shop
for property located at 901 Old Griffin Road, Dania Beach. Request is for an addition to the
existing shop building.
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.
Laurence Leeds, Growth Management Director, explained that the applicant has provided a
canvas awning theme along the east and front sides of the building with the inclusion of
staggered palms and maintenance of the existing green belt extending further to the west. Mr.
Leeds recommended approval with conditions listed in the staff memo.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the
Resolution (SP-25-99) with conditions listed in Laurence Leeds' staff report, as follows:
MINUTES 14 FEBRUARY 22, 2000
CITY OF DANIA BEACH
✓ The construction of the awnings on the north side of the building as indicated in the
submitted rendering,
✓ Installation of awnings as per the rendering and landscaping as shown on the site plan
(dated 10/6/99) prior to issuance of a certificate of occupancy,
✓ No overhead doors to be installed on the north side of the building as per the submitted
rendering,
✓ Applicant to comply with variance conditions (VA-100-99) prior to issuance of building
permit or as directed by the Growth Management Director after consultation with the City
Attorney,
✓ Requirement of a tree removal permit prior to issuance of a building permit,
✓ additional Gumbo Limbo trees placed in equivalent distance along the new section of
building, and
✓ Installation of a sidewalk, plus additional hedges, trees, and landscaping along the front
of old building as shown on the site 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
8.9 SP-92-99— Request for site plan approval by Florida Atlantic University for the
Department of Navy (Sea Tech) for property located at 101 North Beach Rd.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
- PLAN REQUEST SUBMITTED BY THE BOARD OF REGENTS FLORIDA ATLANTIC
UNIVERSITY / & THE DEPARTMENT OF THE NAVY, FOR PROPERTY LOCATED AT
101 NORTH BEACH ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Dick Kipp, FAU Director of College of Engineering, advised that the SeaTech facility has
become a world-class center for ocean science and engineering and systems research.
SeaTech is also the southern campus of Florida Atlantic University and is the administrative
headquarters of an extraordinary partnership with FAU's Dept. of Ocean Engineering, the Office
of Naval Research through the Naval Surface Warfare Center, the National Oceanographic and
Atmospheric Administration and four other ocean science universities and institutions, including
the University of Miami Rosenthal School, Nova Southeastern Oceanographic Center, the
University of South Florida in Tampa and the Harbor Branch Institute, a private institute in Fort
Pierce. Each partner brings certain strategic resources in terms of physical resources, human
talent, and research focus into a partnership now known as the South Florida Ocean
Measurement Center. Those partners are currently housed in their administrative bases in the
faculty wing at SeaTech. The proposed building is a vital component to the strength of the
partnership and the commitment of the lead agency, the United States Office of Naval Research
and the Naval Surface Warfare Center, to actually fund additional administrative space for the
partnership to reach its full fruition. Mr. Kipp expressed his desire to get the project started
since it has been in the works for over two years.
Mayor Bertino advised that he spoke with Dick Kipp about this project.
MINUTES 15 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Commissioner Mikes mentioned that this issue involves a lease of Dania Beach property. In
addition, the City has limited beach front property and parking for major events. Commissioner
Mikes pointed out that FAU has a reversion clause where the marina, subleased to Aragon
Group, Inc., will go back to them. He felt that it is time to confirm FAU's plans for the marina
and the parking that is attached to the marina. He also understood that the lease between the
City and FAU was strictly university use and that no one expected Navy use.
It was Mr. Kipp's understanding that the lease provides the City with First Right Of Refusal and
FAU with Second Right Of Refusal. Mr. Kipp stated that FAU desires to conduct SeaTech as a
campus of Florida Atlantic University for the sole purpose of processing ocean science and
ocean engineering research.
Commissioner Mikes asked for clarification from City Attorney Ansbro on whether the City has
first right of refusal. At this time, Vince Cucchiella, FAU Facilities Group, distributed copies of
the lease to the City Commission and City Attorney. City Attorney Ansbro reviewed page 10,
9b, of the 1996 Lease and Licensing Agreement between the City of Dania and the Board of
Regents of the State University System of Florida and it was his opinion that the City has First
Right Of Refusal.
Mr. Kipp clarified that FAU is not building a Navy facility; rather, FAU is adding to the SeaTech
operation of Florida Atlantic University and it happens to be funded by the Navy Office of
Research. Mr. Kipp mentioned that this item has been before the City Commission several
times over the past two years and there is absolutely nothing about the building that is
inconsistent with the terms of the lease or the purpose of Florida Atlantic University's ocean
engineering operation at SeaTech.
Commissioner Mikes expressed his dissatisfaction that FAU kept the appraisals of the SeaTech
property confidential from the City in accordance with a State Statute provision that concealed
the value of the property. Commissioner Mikes was dissatisfied with what the City's taxpayers
received in the SeaTech deal and felt that Aragon Group, Inc. received more than they
deserved in the final outcome. Commissioner Mikes mentioned a conversation with a member
of the Board of Regents where FAU was going to remove the bridge at the beach and construct
a road. Mr. Kipp denied knowing any information or having any conversation at the College of
Engineering regarding Commissioner Mikes' comments.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Bertino closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
resolution approving SP-92-99.
The motion by Commissioner Cali to approve was replaced by Commissioner Mikes' motion
tabling Resolution (SP-92-99) to March 13, 2000, regular meeting so that FAU can present a
statement to the City that it has no interest in the marina subleased to Aragon Group, Inc. and
that FAU will allow the marina to revert back to the City of Dania Beach at the end of the Aragon
Group, Inc. lease.
MINUTES 16 FEBRUARY 22, 2000
CITY OF DANIA BEACH
. 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
9. CITIZENS' COMMENTS: -None
10. COMMISSION COMMENTS
10.1 Commissioner Cali-no comments
10.2 Commissioner Etling announced that the Broward League of Cities Millennium Time
Capsule celebration has been rescheduled for Monday, February 28, 2000, at 11:00 a.m. at the
Nyberg/Swanson House, across the street from City Hall. Commissioner Etling clarified that this
is not a City function, rather, a Broward League of Cities event and the capsule will include
contributions from other cities in Broward County.
10.3 Commissioner Mikes requested an update on the U-Haul case. City Attorney Ansbro
reported that he has been contacted by an attorney for U-Haul who is processing a Special
Exception/Text change through the Planning &Zoning Board for outdoor storage. City Attorney
Ansbro mentioned that U-Haul lost the case in circuit court and that they had 30 days to file an
appeal and that the Code Enforcement Lien is still running.
• Commissioner Mikes directed City Attorney Ansbro to review the possibility of bringing back an
Ordinance regulating motor scooters.
Commissioner Mikes requested more code enforcement in the southwest, Griffin Road, area
and mentioned the need for people to be cited for dumpster overflow. City Attorney Ansbro
advised that a repeat violator could be brought back before the Code Enforcement Board and
the fine could be increased to $500. Commissioner Mikes asked that Public Works monitor
trash pickups so that BFI could be called immediately to resolve the matter before City
Commissioners receive complaints. He asked that the City Manager require the workers
installing cable on US 1 to work during the evening hours to reduce traffic problems.
10.4 Vice-Mayor McElyea mentioned that bulk trash is not being picked up by BFI and that
BFI trucks are scratching up automobile while going down alleys and such. Also, residents are
not being provided the proper pickup times on bulk trash pickup.
Vice Mayor McElyea mentioned that the new generator will be installed at Public Works with the
use of one of his trucks and that he is willing to assist the City in setting up an auction to
dispose of surplus equipment since no bids were received from the recent bid advertisement.
The City Commission generally agreed.
10.5 Mayor Bertino mentioned that the residents at Oakbridge do not have the room to store
the large 90-gallon garbage containers and the City Manager was asked to provide smaller
containers for them. Mayor Bertino asked that there is a curb that sticks out near the new
MINUTES 17 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Publix at 30th and Griffin Road as traffic is moving east towards the store and he requested that
• the curb be painted with yellow-reflective paint so that drivers will not run over it.
Item 11.7 was heard after 10.5.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Discussion of a design-build-operate RFP for a pier restaurant. (Staff)
Item 11.1 was heard after 11.4
Commissioner Etling questioned the paragraph under#15 on Page 5 "The recommendation of
the Committee of the names of responding Firms will be transmitted to the Commission, with no
ranking or recommendation of preference". Commissioner Etling thought that the statement
may inhibit any initiative on a proposer's part to enhance their offer. City Attorney Ansbro
explained that this is just the qualification screening and the City Commission gets to rank the
firms. City Manager Smith advised that all qualified firms will be allowed to make a presentation
to the City Commission since they will each be different in regards to architecture, menu, and
services to be provided. City Manager Smith expected the process of advertising and receiving
proposals to take six weeks and reminded the City Commission that the RFP will require the
proposer to also operate the restaurant so that the building will comply with the type of
restaurant.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, approving the
RFP for the Pier restaurant.
• The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —out of room Vice-Mayor McElyea —yes
Mayor Bertino-yes
11.2 Request for abatement of Code Enforcement Lien by Dania Jai Alai Palace, Inc. for property
located at 301 E. Dania Beach Boulevard.
William Johnson, Code Enforcement Officer, advised that the Code Board recommended
February 7, 2000, to abate the lien to $500.00 based on circumstances and problems that Mr.
Knox presented.
Mr. Knox, Dania Jai Alai Palace, Inc., explained his difficulties in installing a sprinkler system
within a three week period due to delays from Hurricane and Tropical storms and failure by the
contractor certifying the job to obtain the proper permit.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, abating CEB 99-
0228 from $2,450.00 to $500.00 with the understanding that the lien be paid within 30 days.
•
MINUTES 18 FEBRUARY 22, 2000
CITY OF DANIA BEACH
• The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —no Vice-Mayor McElyea —yes
Mayor Bertino-yes
Item 11.5 was heard after 11.2
11.3 Discussion of the Marine Advisory Board's endorsement of proposed construction of a US Navy
building at Sea Tech.
This item was addressed under Item 8.9:
11.4 Discussion of changing 8th Avenue along Argonaut Isle and 91h Avenue along Nautilus to East
and West Nautilus and East and West Argonaut. (Vice-Mayor McElyea)
Item 11.4 was heard after 11.7:
City Manager Smith mentioned that a Street Naming procedure was adopted last year. If the
City decides to waive the procedure, he recommended that the residents being affected by the
street name change be notified as a minimum action. The name change will be treated as a
City initiated name change and the permit fees will not be imposed. Commissioner Etling
pointed out that there is no need to include East and West as there is no repeat of street
numbers on Nautilus and Argonaut streets. City Manager Smith advised that staff will notify
• residents on 8th and 9th Avenue and that the item will be brought back for a public hearing.
Item 11.1 was heard after 11.4
11.5 Discussion of DCOTA Phase II office building at the Sheridan Design Center.
Laurence Leeds, Growth Management Director, explained that DCOTA will be building a second
office building and they need to use part of the parking lot for construction purposes. Mr. Leeds
was concerned that the use of the casting beds for the concrete walls may provide a nuisance
to Ocean Waterway Mobile Home Park.
Gerald Knight, Esq. advised that the building will be a 60,000 square foot office building and the
location of the casting beds seems to be the best alternative for the construction.
Bruce Phillips, Haskell Co., explained that casting of the exterior concrete wall panels involves
pouring slabs of concrete out on the site, lifting the panels with a fork lift and hoisting them onto
the building. He expected trucks to pour concrete every two to three days and for the general
construction to begin at 7:00 a.m. to 4:00 p.m. and completion within 90 days. The project was
expected to begin April Vt and Mr. Phillips agreed to speak with neighbors at Ocean Waterways
Mobile Home Park about the construction.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the
use of the parking lot during construction of the Phase II Office Building at DCOTA showing the
location of casting beds, office trailers, storage trailers, and contractor parking.
•
MINUTES 19 FEBRUARY 22, 2000
CITY OF DANIA BEACH
The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-no
11.6 Request to waive building permit fees by The Dania Housing Authority of the City of Dania.
Rita Smelcer, Director of the Dania Housing Authority, requested waiver of permit fees
estimated at $3,000.00 for 35 permits required for the renovation of the Saratoga Apartments
under the Community Development Block Grant program.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving a
grant for $3,000.00 to the Dania Housing Authority.
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
Item 12.3 was heard after Item11.6
11.7 Discussion of potential YMCA services at Charlie Will Thomas Park. (City Manager)
• This item was heard after Item 10.
City Manager Smith explained that the City decided to look at a replacement organization to
operate the ICE Cube program at Charlie Will Thomas Park. Several organizations were
contacted; Weed & Seed Program in Fort Lauderdale, Boys & Girls Club, and YMCA. The
YMCA has submitted a very credible proposal for operating the ICE Cube Program and they
have a favorable track record in Dania for running an After-School Program at Collins
Elementary and they have partnerships with some of the same organizations as the City.
Mary Partin, President/CEO of the YMCA of South Broward County, presented information for a
proposal to conduct an After-School Computer Lab Program at Charlie Will Thomas Park for
children from 3:00 —6:00 p.m. and adults 6:00 to 8:00 p.m., Monday through Friday. Ms. Partin
mentioned the need to review other funding sources to determine if the hours could be
expanded for the program and obtain further information about the equipment in the center.
Jason Nunemaker, Assistant to the City Manager, explained that it was staff's intent to
breakdown the services to the most basic level and provide a foundation for obtaining future
grants. In an effort to keep track of every funding stream and activity, the YMCA will be
providing monthly reports and strategic plans that will provide a better understanding of the
intent and services.
City Manager Smith advised that a contract would provide protective provisions for cancellation.
MINUTES 20 FEBRUARY 22, 2000
CITY OF DANIA BEACH
• A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, directing staff
to work with YMCA and bring back a contract for Computer Lab services at Charlie Will Thomas
Park.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, continuing the
meeting past 12:00 midnight. The motion passed unanimously.
12. APPOINTMENTS
12.1 Appointment of 3 members to the Airport Advisory Board.
12.2 Appointment of 1 member to the Economic Development and Downtown
Redevelopment Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT
OF ONE (1) MEMBER TO THE ECONOMIC DEVELOPMENT AND DOWNTOWN REDEVELOPMENT BOARD TO
SERVE UNTIL SUCH MEMBER'S TERM EXPIRE AT 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
. A motion was made by Mayor Bertino, after passing the gavel, seconded by Vice-Mayor
McElyea, after passing the gavel back, adopting a resolution appointing Kenneth Holthouser to
the Dania Economic Development/Downtown Redevelopment Board.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
12.3 Appointment of 1 member to Dania Housing Authority.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT
OF ONE (1) MEMBER TO THE DANIA HOUSING AUTHORITY BOARD; CONFIRMING THE APPOINTMENT OF
ONE MEMBER TO SERVE A FOUR YEAR TERM BEGINNING JUNE 1, 1999 THROUGH MAY 31, 2003;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE."
Mayor Bertino appointed Ophelia Sanders to the Dania Housing Authority.
A motion was made by Commissioner Mikes, and seconded by Commissioner Etling, adopting a
resolution confirming the appointment of Ophelia Sanders to the Dania Housing Authority.
Commissioner Cali requested a continuance in order to obtain information on Ophelia Sanders.
Mayor Bertino advised that it is his appointment and that he does not wish to continue.
MINUTES 21 FEBRUARY 22, 2000
CITY OF DANIA BEACH
The motion passed on the following 4/0 roll call vote:
Commissioner Cali -preseat No (amended 3/13/2000)
Commissioner Etling-yes
Commissioner Mikes -yes
Vice-Mayor McElyea -yes
Mayor Bertino-yes
Mayor Bertino advised that the Dania Housing Authority has sent him a letter requesting that
Clara Randall be removed as Commissioner on the Housing Authority. City Attorney Ansbro
advised that the Statute requires that Ms. Randall be given a copy of the charges a minimum of
10 days prior to the hearing and that she be given an opportunity to be heard in person or by an
attorney.
Commissioner Cali and Commissioner Mikes suggested that the issue be heard at a Special
Meeting and not a Regular Meeting. The City Commission agreed to schedule a Special
Meeting and staff was directed to provide legal notice to Ms. Randall.
12.4 Appointment of 1 member to Human Relations Board.
12.5 Appointment of 1 member to the Marine Advisory Board.
12.6 Appointment of 2 members to the Occupational License Review Advisory Board.
• 12.7 Appointment of 1 member to Parks, Recreation and Community Affairs Advisory Board.
12.8 Appointment of 3 members to Unsafe Structures Board (terms expire 3/12/2000 for
Attorney, Plumbing Contractor and Real Estate Property Manager positions).
13. ADMINISTRATIVE REPORTS
13.1 City Manager reported on recent annexation meetings with Estates of Fort Lauderdale
and Ravenswood Estates and advised of future annexation meetings.
City Manager Smith was pleased to announce that the Department of State has advised the City
that the late Frank C."Tootie" Adler was accepted as a "Great Floridian" and that a plaque will
be placed at the Nyberg/Swanson House for this designation.
Commissioner Cali and Commissioner Etling requested a copy of the letter and backup that was
sent to Mayor Bertino regarding Clara Randall.
13.2 City Attorney requested an Attorney/Client Session for March 13th at 7:00 p.m. regarding
the Bruckner litigation.
Attorney Ansbro reported that the Circuit Court has ruled that the City should re-open the alley
near the Flo-Mar Dry Cleaners and that an appeal has been filed. The City will know February
24th whether the parking stops will have to be removed.
MINUTES 22 FEBRUARY 22, 2000
CITY OF DANIA BEACH
Bernice Dering, Meadowbrook Condominium Phase V, mentioned that she had sent a letter to
Bud Palm, Utilities Director, regarding the ownership of the lakes at Meadowbrook Lakes along
with a request for the City to relocate the mangroves to the west end of the lake and away from
three condominium buildings. City Manager Smith advised that he was reviewing the situation
with Mr. Palm and that he would contact Ms. Dering.
14. ADJOURNMENT— 12:50 a.m.
AYOR-COMMI SIO
ACTING ITY CLERK'
Respectfully submitted:
Charlene Johnson
Deputy City Clerk
G� 3-13-,taco
MINUTES 23 FEBRUARY 22, 2000
CITY OF DANIA BEACH