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HomeMy WebLinkAbout2000-03-13 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MARCH 13, 2000 1. Mayor Bertino called the meeting to order at 7:45 p.m. He explained that the delay in starting the meeting was due to an Attorney/Client Session that was held at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Isaac Miranda, Associate Pastor, Griffin Road 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 Mayor Bertino asked for a moment of silence in honor of Dr. Herman Wrice, who passed away last week. *SEATING OF MAYOR C.K. "MAC"McELYEA Mayor Bertino thanked his wife, Barbara, and citizens who supported him this past year while he served as Mayor. Mayor Bertino asked for a round of applause from the audience for the other four commissioners who have served the City this past year. At this time, Mayor Bertino turned the gavel over to Vice-Mayor McElyea. Mayor McElyea thanked staff members and those who voted for him this past year for their support and acknowledged his family members in the audience. Mayor McElyea mentioned his intentions of meeting with Chief Anton, BSO, City Manager Smith and City Attorney Ansbro to discuss crime and safety matters in the City. *ELECTION OF VICE-MAYOR A motion was made by Mayor McElyea, after passing the gavel, to nominate John Bertino as Vice-Mayor, seconded by John Bertino after passing the gavel back to Mayor McElyea. The motion passed on the following roll call vote: MINUTES - CITY OF DANIA BEACH 1 MARCH 13, 2000 Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino —yes Mayor McElyea - yes In regards to the recent passing of Dr. Herman Wrice, Commissioner Mikes recommended that the City send a representative to the funeral that would be held in Philadelphia. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, to send Sophie Steele as the City's representative to Dr. Herman Wrice's funeral in Philadelphia. The motion passed on the following roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes Rhonda Peoples, Turn Around America, read the explanation of what the "Alamo Attitude" means in the Turn Around America organization established by Dr. Herman Wrice and as per Dr. Wrice's request, she presented "Alamo Attitude" awards to the following: Bob and Sheila Mikes, Charles K. & Carol McElyea, and John & Barbara Bertino. . Sophie Steele presented the awards and Rhonda Peoples confirmed that Turn Around America organizations would.continue Dr. Wrice's crime fighting programs. Mayor McElyea recognized Robert Chunn as being in the audience and commended him for his efforts in the organization. 4. PRESENTATIONS 4.1 Presentation by Dania Beach Main Street, Inc. -- Tomato Festival (removed from agenda) 4.2 Fire Rescue Department -Commendation - James Reid, Paramedic/Firefighter Deputy Chief Michael Brown, on behalf of the Fire Rescue Department, commended James Reid, Paramedic/Firefighter, for his off-duty efforts to save the life of a drowning child and for his exemplary performance that has earned him the award of"Firefighter of the Year." 4.3 BSO Presentation — Deputy of the Month — Chief Robert Anton, BSO, awarded Deputy Michael Tame "Deputy of the Month" for January 2000, for his actions that lead to the arrest of a suspect for the burglary at the Winn Dixie grocery store on Dania Beach Boulevard. Chief Anton was pleased to announce that an employee identified the suspect and that all money • was returned to the store. MINUTES - CITY OF DANIA BEACH 2 MARCH 13, 2000 5. PROCLAMATIONS • 5.1 A proclamation declaring March 15, 2000 as "Florida Citizenship and Leadership Day" in the City of Dania Beach. City Manager Smith read the proclamation in its entirety. ITEMS 6.2, 6.4 & 6.6 WERE PULLED FROM THE CONSENT AGENDA 6. CONSENT AGENDA (including expenditures) Minutes: 6.1 Approval of minutes of Regular Meeting of July 27, 1999. Resolutions: 6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1999-00, FROM $18,930,824 TO $19,828,273 BY INCREASING THE APPROPRIATION FOR PRIOR YEAR'S SURPLUS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMENDING THE HILTON FORT LAUDERDALE AIRPORT HOTEL FOR PROVIDING LODGING DURING THE PERIOD IN WHICH FIRE-RESCUE STATION 93 WAS UNDERGOING RENOVATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. • Ordinances —Title to be read by City Attorney 6.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT EXECUTED APRIL 3, 1998, WHICH LEASE EXISTS BETWEEN THE CITY OF DANIA BEACH AND THE HUMANE SOCIETY OF BROWARD COUNTY, INC., FOR LEASE OF VACANT REAL PROPERTY GENERALLY DESCRIBED AS LOT 13 AND A PORTION OF LOT 12, BLOCK 13 OF HIGHLAND PARK UNIT NO. 2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 29, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA FOR A PERIOD OF TWENTY (20) YEARS WITH TWO OPTION PERIODS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS ORDINANCE AND MARKED EXHIBIT "A" TO CLARIFY THE LEGAL DESCRIPTION OF THE LAND SO LEASED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 6.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO PARKING; AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TRAFFIC", ARTICLE III, DIVISION III, WHICH DIVISION IS ENTITLED "PARKING METERS" TO INCLUDE PROVISIONS APPLICABLE TO MULTI- METER PARKING DEVICES AND AMENDING SECTIONS 25-86 TO AND INCLUDING 25-89 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH INCLUSION; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • MINUTES - CITY OF DANIA BEACH 3 MARCH 13, 2000 City Attorney Ansbro read the ordinance titles of Items 6.7 & 6.8. A motion was made by Commissioner Etling; seconded by Vice-Mayor Bertino, to approve the Consent Agenda with the exception of Items 6.2, 6.4, and 6.6. The motion passed on the following roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes ITEMS PULLED FROM THE CONSENT AGENDA: 6.2 Approval of minutes of Regular Meeting, February 22, 2000. City Attorney Ansbro advised that Commissioner Cali's vote recorded as "Present" on page 22, Item 12.3 of the February 22nd minutes relating to the appointment of Ophelia Sanders to the Dania Housing Authority was not complete since Florida Statute requires commissioners to vote when they are present for an item. Deputy City Clerk Johnson requested a vote from Commissioner Cali and he voted "No". Deputy City Clerk Johnson advised of two other changes requested by Laurence Leeds, Growth Management Director, on Page 5, first paragraph, 4th line down and last line to replace "across the street" with "behind the restaurant". A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, to amend the minutes of February 22, 2000, as stated, and to approve the minutes as amended. The motion passed on the following roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS IN THE AMOUNT OF $20,000.00 TO DANIA BEACH MAIN STREET, INC. FOR THE PURPOSE OF ADMINISTERING A SUBSIDIZED LOAN PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ALL RELATED DOCUMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes asked staff to explain the program to the public. City Manager Smith explained that the loan program originated from the Main Street, Board of Directors, specifically, the Economic Restructuring Committee headed by Attorney Richard Seay. The loan program has been successful in Main Street Communities like Delray Beach, Hollywood and others in Palm Beach County. The MINUTES - CITY OF DANIA BEACH 4 MARCH 13, 2000 program would subsidize the interest on $10,000.00 minimum loans, up to a maximum of$25,000.00 loans, for exterior renovations and improvements. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution subject to a review committee being established to accept applications over a designated period of time with the goal of selecting properties with the most cost-effective improvements and to spread the funds over as many properties as possible. The motion passed on the following 4/1 roll call vote: Commissioner Cali — no Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes City Manager Smith presented information to the public on completing census forms and urged everyone to participate for the benefit of the entire community. Vice-Mayor Bertino advised that help is available on completing the census forms. 6.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING ADRIAN E. HERBST, ESQ. AND THE BALLER HERBST LAW GROUP AS SPECIAL CITY ATTORNEYS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested an update on this matter. City Attorney Ansbro explained that subsequent to the last meeting when Mr. Herbst appeared before the City Commission, a draft was prepared by Mr. Herbst and reviewed by Attorney Ansbro, and prepared to send the draft to six different groups with an application wherein they would describe what they intend to do, pay an administrative fee of $5,000.00, per application, to the City, to help defray the cost of attorney services and staff time. Interim License agreements will also be sent out to the 4 groups which will be tailored to what each business does and how they do it. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 7. BIDS AND REQUESTS FOR PROPOSALS: 7.1 Staff recommendation on awarding bid proposal to CJ's Sales & Service for the purchase of a diesel generator set for Public Works/Utilities Department. Bud Palm, Utilities/Public Works Director, explained that the bid proposal for a generator could not be awarded to CJ's Sales & Service since they are located in MINUTES - CITY OF DANIA BEACH 5 MARCH 13, 2000 Orlando. He advised that a letter was received from the manufacturer stating that R. B. iGrove was the only distributor allowed to sell this generator in Broward County and recommended that the bid be awarded to R.B. Grove. He also advised that there would be a price increase of$159.00. In response to Commissioner Mikes, Mr. Palm advised that the engine would be a Cummins Diesel and that he would report back to the City Commission on the cost of adding a 5-year or 10-year warranty. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, to award the bid for a generator to R.B. Grove in the amount of$34,800.00. The motion passed on the following roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 8. PUBLIC HEARINGS City Attorney Ansbro advised that the following would be quasi-judicial hearings and all disclosures should be announced. 8.1 ' 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 Road, Dania Beach. (Continued from 2/22/2000 regular meeting) 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. Vice-Mayor Bertino & Commissioner Cali and Commissioner Etling advised that they were contacted with regard to this matter. Laurence Leeds indicated that the current proposed use has more than adequate parking to service the existing building as well as all other existing uses. City Attorney Advised that the Aragon group had the right to lease the docks under a sub-license agreement and when the lease expires then the docks would revert back to the Board of Regents FAU. It was Mr. Ansbro's understanding that FAU had no interest in relinquishing the rights to the docks in the future. Carla Coleman, Vice-President of University Advancement, FAU, was present to answer any questions and request approval of the site plan. She felt that FAU had kept the commitments made to the City about expanding research and bringing partnerships into the City. MINUTES - CITY OF DANIA BEACH 6 MARCH 13, 2000 In response to Commissioner Mikes' concerns about a fuel docking facility, about gambling boats and about the bridge being removed. Ms. Coleman stated that FAU had no plans to ask for the removal of the bridge and she knew nothing about a fuel docking facility. She advised that FAU was approached by several gambling entities and FAU responded with a resounding "no". Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea,closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt the resolution approving the site plan (SP-92-99). The motion passed on the following 3/2 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — no Vice-Mayor Bertino — yes Mayor McElyea - no 8.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28; ZONING, ARTiCLE 11.10, RELATING TO NOTICE REQUIREMENTS; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the ordinance title. Laurence Leeds explained that a moratorium had been in effect for industrial property in a portion of the City roughly bounded by 1-95 & Ravenswood Road while a new IROM (Industrial Research Office Marine) zoning district was being developed for the area which was intended to substitute for the existing County M zoning district, a City zoning district that is consistent with the City Land Use Plan and designed to improve the quality of future development in this area. He advised that there was an issue with notice requirements that needed to be addressed. Presently the City does not require separate notice requirements for privately initiated rezonings and City initiated rezonings. If the current requirement is applied to the IROM zoning district, the City would have to hire an expert to prepare over 250 legal descriptions, separate public hearings would have to be held, as well as the posting of each individual site. As an alternative, Mr. Leeds suggested a procedure that would make the notice requirement the same for a private property owner as well as a developer or builder. It would provide a separate procedure for rezonings initiated by the City such as the IROM. The procedure would still meet the minimum requirements of state law and would still require notice to each property owner effected by the zoning change. This procedure would dramatically shorten the moratorium and deal with the IROM issues. Staff recommends initiation of the change to.the zoning code. Mayor McElyea opened the public hearing. Jay Field inquired as to why the special exception line was deleted. MINUTES - CITY OF DANIA BEACH 7 MARCH 13, 2000 City Attorney explained that there was a complete notice requirement for special exceptions as well as variances covered under a new law and was not required in a rezoning law. Hearing no further comment, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, adopting the ordinance on first reading. The motion passed on the following 4/0 roll call vote: Commissioner Cali (out of room) Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ZONING, TO CREATE A NEW R-M(3) MULTI-FAMILY ZONING CATEGORY; TO ASSIGN PROPERTY TO THE NEW CATEGORY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (first reading) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the City adopted land use plan map changes within the last year designating certain properties at 25 ® residential units per acre, however, there was never a zoning district designed to implement these previously adopted land use map designations. Mr. Leeds recommended that a zoning district be established to implement the pre-existing 25 unit per acre map designations, and that this zoning district specifically include parcels which were previously approved at between 16 and 25 units per acre. Mayor McElyea opened the public hearing. No one spoke in favor or opposition of the ordinance and Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor.Bertino, seconded by Commissioner Cali, adopting the ordinance on first reading with the inclusion of the recommendation presented by Laurence Leeds, Growth Management Director. The motion passed on the following 4/0 roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes (out of room) Vice-Mayor Bertino — yes Mayor McElyea - yes Mayor McElyea stressed the importance of City Commissioners being present to vote on agenda items. Commissioner Etling asked whether the City Clerk could recall the vote on an item when a Commissioner returns to the room. City Attorney Ansbro explained that State Statute requires.Commissioners to vote on an agenda item if they are present, but it does not require City Commissioners to be present at all times during a meeting. City Attorney Ansbro disagreed with a recommendation for establishing MINUTES - CITY OF DANIA BEACH 8 MARCH 13, 2000 requirements telling a Commissioner when they have to be present to vote on an item, however, he agreed that a roll call could be recalled for those Commissioners desiring an opportunity to vote on an item that was called while they were out of the room. 8.4 a) SE-103-99 — Special exception use request by Florida Power and 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). Request is to allow for the placement of an electrical substation. (see also SP-104-99 site plan) 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 approval request by Florida Power and 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). Request is for the construction of an electrical substation. (see also SP-103-99 Special Exception) 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 36TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds advised that page 2 of the revised plan submitted by the applicant shows a detail of the trees identified on the northern and southern portions of the site in addition to an extremely exhaustive list of each individual tree species. Mr. Leeds advised that he could not locate the 20 large Royal Palm trees on the plan. Mr. Leeds recommended that if the City Commission chooses to waive the sidewalk requirement, as requested by the applicant, that it be done so with the understanding that the applicant provide a cash bond to the City, to be retained by the City for up to five years. If the sidewalk requirement is not waived, they should be constructed prior to issuance of the Certificate of Occupancy. Mr. Leeds recommended that written approval be obtained from Broward County Aviation prior to issuance of a building permit; and that the appropriate right-of-way be dedicated for Collins Road. He stated that the plan indicates an access easement but an actual reservation would be required for review by the City Attorney prior to the issuance of building permit. He also stated that the applicant must obtain a tree removal permit. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, continuing SE-103-99 and SP-104-99 to the March 28, 2000, meeting so that Florida Power & Light could provide more accurate documentation identifying the trees on the existing landscape plan. MINUTES - CITY OF DANIA BEACH 9 MARCH 13, 2000 Nick Blount, FP&L, advised that the Royal Palm trees were wrongly identified on the plan as Royal Oak trees. The motion passed on the following 3/2 roll call vote: Commissioner Cali — no Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino —yes Mayor McElyea - yes 8.5 SP-99-99 — Site Plan approval request by Jack Studiale of Tropical Acres Restaurant.to expand and renovate the parking and landscaping areas for property located at 2500 Griffin Road, Dania Beach. (continued from 2/22/00 meeting) 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, advised that the applicant added additional landscaping along the residential perimeter of the new parking area and agreed to fill in the gaps in the hedge along the east lot line and to provide a coco plum hedge on the residential side of the fence that would surround the south and west perimeter of the site. Mr. Leeds recommended approval subject to the addition of three Washingtonian Palm trees with six feet of clear trunk, in front of the billboard located across the street from the restaurant. David Anderson, Craig Smith & Associates, advised that 13 additional trees were added to the site plan as requested. Jack Studiale was present to request approval. Commissioner Mikes suggested that a continuous hedge be placed around the lot to partially screen the vehicles. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Cali, to adopt the Resolution approving the site plan (SP-99-99) subject to the planting of three Washingtonian Palm trees to provide 6 feet of clear trunk, in front of the billboard on the parcel across the street and the inclusion of a 24" Ficus or Coco Plum hedge adjacent to the fence along Griffin Road and 25th Avenue in order to screen the cars in the lot on the north side of Griffin Road. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino —yes Mayor McElyea - yes MINUTES - CITY OF DANIA BEACH 10 MARCH 13, 2000 8.6 ZA-001-00 - Zoning appeal request by Lester Boggs of AC & LP Corp. for property located at 1237 Stirling Road from site plan review. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY LESTER C. BOGGS, P.E., PRESIDENT AC & LP CORP., FOR PROPERTY LOCATED AT 1237 STIRLING RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Neal Calus, representing AC & LP Corp., requested approval of the request. Commissioner Etling, Vice-Mayor Bertino & Commissioner Cali advised that they had conversation with the applicant on this matter. Laurence Leeds, Growth Management Director, advised that the requested use was consistent with the current and proposed zoning. He advised that the applicant desires to renovate the interior of the building and it was determined that the renovation must go through site plan review, which the applicant was appealing. Mr. Leeds recommended approval subject to landscaping per the submitted plan; modifications necessary to accommodate existing septic field and overhead power lines; the cleanup of the parking area along Stirling Road; dumpster/trash receptacles to be prohibited in the front; the undeveloped portion of the site be cleared of all overgrowth and debris; site plan review to be required for the redevelopment of the remainder of the site. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Resolution approving the Zoning Appeal (ZA-001-00) with the following staff recommendations: (1) landscaping as per the submitted plan (dated 3/5/00), subject to modifications necessary to accommodate existing septic field and overhead power lines; (2) parking areas along Stirling Road to be thoroughly cleaned of all weeds, debris, etc.; (3) dumpster/trash receptacles to be prohibited in the front yard; (4) undeveloped portion of the site to be cleared of all weeds, tall grass, undergrowth (if applicable) and miscellaneous material (i.e. tires, machinery parts, etc.) pursuant to the Cite Code and Zoning Code; (5) redevelopment of the remainder of the site to require site plan review. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 8.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION 11-99 APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES - CITY OF DANIA BEACH 11 MARCH 13, 2000 Vice-Mayor Bertino, Commissioner Cali & Commissioner advised that they had conversation with the applicant regarding this matter. Laurence Leeds, Growth Management Director, advised that the site plan meets the current zoning code. Mr. Leeds recommended approval with the following conditions: (1) submission, review and approval of a landscape plan; (2) 20 foot wide landscape greenbelt along the 1-95 footage; (3) the right to modify landscape plan as submitted; (4) payment.of outstanding cost recovery fees; (5) letter from Fire and Police confirming that they met with the applicant and that the applicant agreed to meet their safety and security concerns; (6) the removal of two existing billboards. Mike Mogerman was present to request approval. He advised that the billboards would be removed by December 2004, and that he met with Chief Anton, BSO, and Ed Tarmey, Fire Marshal, to address safety concerns. Chief Robert Anton, explained that BSO has a working relationship with Mr. Mogerman. He advised that he could not provide a letter confirming adequate security services for the new roller coaster since the security is handled by Festival Fun Parks and the Florida Highway Patrol. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. In the eventuality there should be a noise problem with the roller coaster, the applicant agreed to put in additional plannings to absorb the additional noise, as suggested by Vice-Mayor Bertino. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting the Resolution approving the Site Plan with the following conditions: (1) submission, review, and approval of a landscape plan (landscaping to be installed prior to initiating public operation of the roller coaster); (2) payment of outstanding cost recovery fees prior to issuance of a Certificate of Occupancy; (3) applicant shall retain sufficient fire/police personnel to reasonably address public safety concerns to reduce the number of calls on City services; (4) review and confirmation by the Dania Beach Fire Rescue Department that adequate fire apparatus access has been provided; (5) applicant shall submit a site plan for the Water Theme Park within one year and if the site plan is not ready within one year, the applicant shall submit a landscape plan for a 20-foot wide landscape greenbelt adjacent to 1-95. The motion passed on the following 5/0 roll call vote: .Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes Mr. Mogerman advised that the roller coaster was expected to open in June. MINUTES - CITY OF DANIA BEACH 12 MARCH 13, 2000 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 Bobbie Grace — Community Unity - Bobbie Grace mentioned that the CDBG (Community Development Block Grant) program improvements on NW 6th/NW 8th Avenue was progressing well, but felt that further monitoring was needed to ensure that cracked sidewalks are replaced. She mentioned that there was a joint meeting of the Northwest Byrd Point, College Gardens Association and Chief Anton, BSO, last week regarding unity in the community. Mrs. Grace requested support of the 7th Annual Baseball Tournament being scheduled in Dania Beach with two teams from the Bahamas during the week of April 22 — 25. Mrs. Grace asked that the City let Mr. Lindy Russell know if the City would support this year's event since the new Parks & Recreation Director would be handling the baseball tournament with help from community organizations. She advised that Mr. Russell expects the Dania Beach Adler Bears to be traveling to Freeport from June 22 — 25 and travel expenses for the Bears were estimated to be $8,500.00. Mrs. Grace commended Mr. Boggs for presenting a positive project at 1237 Stirling Road under Item 8.6 on the agenda in comparison to the proposed bus terminal project presented last year. Mrs. Graced advised that the Northwest Byrd Point/College Gardens Association have joined together to show unity of the northwest section of the City along with Hollywood Liberia Economic & Development Corp. and other civic associations. She was thankful for the conditions that were added to the Festival Fun Park roller coaster matter since the noise would most likely impact the adjoining residential community. The Dania Economic Development Corporation was making improvements to the northwest section similar to what Main Street is attempting to do with the loan program that was addressed under Item 6.4. Mrs. Grace urged the City Commission to resolve the problems that have caused a separation in the community over the past six weeks and mentioned that Chief Anton provided the association with some suggestions to reduce drug problems in the northwest section. 10. COMMISSION COMMENTS 10.1 Commissioner Cali congratulated Mayor McElyea and Vice-Mayor Bertino on their new positions as well as Carol McElyea for receiving an award from the Emerald Society. MINUTES - CITY OF DANIA BEACH 13 MARCH 13, 2000 10.2 Commissioner Etling extended his congratulations to Mayor McElyea and Vice- Mayor Bertino. He urged the public to vote in tomorrow's election and to attend the Lion's-Club One-Ton Tug at the beach on Saturday, March 18th. 10.3 Commissioner Mikes congratulated Mayor McElyea and Vice-Mayor Bertino. Commissioner Mikes mentioned that Dr. Herman Wrice dealt with numerous police departments in many municipalities throughout the country and that one of his recommendationswas,to enforce "small nuisance" laws as an aid to reducing crime and curtailing drug selling activity. Commissioner Mikes asked City Attorney Ansbro to obtain a sample ordinance regulating scooters and bring the ordinance back for City Commission action at the next meeting. City Manager Smith advised that the Nuisance Abatement Board has not held a meeting yet because the members were still in the process of receiving proper training and that a clerical person is being hired for the board. Commissioner Mikes mentioned the need for the City to take actions to reduce crime by posting the "Drug Free Area" signs wherever possible, increase code enforcement in the Southwest area, and hire more staffing, if necessary, in the Code Enforcement Division. Other issues of concern were historical designations to protect properties and the creation of a CRA (Community Redevelopment Agency). Commissioner Mikes asked the City Manager to have the backlog of City . Commission minutes caught up so that they can be posted for public viewing on the City's website. He also asked that FPL be contacted regarding the need for additional street lighting at the entrances to the Melaleuca Gardens area along Griffin Road. Commissioner Mikes allowed Sally Hester to speak at this time regarding the parking at the beach. Sally Hester, resident of Hollywood, mentioned her attendance at a City Commission meeting some time ago where she requested that the City not lease parking spaces to Martha's Restaurant and the Sun Cruz Gambling Boat to relieve their parking overflow. She clarified that the City of Hollywood was unable to send a resolution to the City of Dania Beach opposing the use of the beach parking spaces because of Hollywood's litigation involving Sun Cruz and Martha's Restaurant. City Manager Smith explained that since the City of Dania Beach did not receive a resolution or further information regarding the matter from Hollywood, the City Commission set a rate of $5.00 per space per day. At that time, Martha's chose not to renew the parking arrangement with the City of Dania Beach and recently parking citations were issued to cars parking past 9:00 p.m. As of March 10, Martha's Restaurant purchased 50 spaces at $5.00 per space ($250 per night) for Friday and Saturday nights and they plan to use the spaces on a continuing basis. Commissioner Mikes mentioned that staff was directed some time ago to obtain payment for the use of the spaces from Martha's Restaurant. MINUTES - CITY OF DANIA BEACH 14 MARCH 13, 2000 Ms. Hester continued to explain that cars were parked in the City's spaces until 2:00 a.m. and that it can't be Martha's Restaurant using the spaces because they close before that time. She explained that her neighborhood is adversely impacted because the valets are triple stacking cars at Martha's. Commissioner Mikes advised Ms. Hester that the impact on the neighborhood is a City of Hollywood issue and that the City of Dania Beach's issue concerns the use of the parking lot and non-permitted use of the spaces. Ms. Hester distributed information-to the City Commission concerning the City's grants obtained from the Department of Recreation and Department of Environmental Protection for the beach area and she mentioned that the City may be restricted from using the parking spaces for Martha's since the grants state, recreational purposes only. Commissioner Mikes suggested that this matter be placed on the March 28 agenda for discussion. 10.4 Vice-Mayor Bertino requested that staff repair the roads that are being damaged from the cable company installations. He also asked that action be taken to provide a credit encouraging construction of single-family homes and reducing rental duplex construction in neighborhoods. Vice-Mayor Bertino asked that the "Drug Free Zone" signs be installed at Charlie Will Thomas Park so that BSO can double the penalties. Chief Anton advised that BSO is imposing the double penalties even though the signs are not up. Vice-Mayor Bertino commended Randy Wilkinson, new Parks & Recreation Director, for doing a fine job. In response the Vice-Mayor Bertino, City Manager Smith reported that the protruding concrete along Griffin Road at the Publix near 30th Avenue as mentioned by Vice-Mayor Bertino at the last meeting was being handled by Bud Palm, Utilities Director, through FDOT. Vice-Mayor Bertino questioned whether a moratorium could be imposed to halt people from altering historical properties until the City completes the Historical Designation Plan. Commissioner Cali advised that a Historical District needed to be established before the moratorium can be imposed and that an Ordinance establishing the District needed to be in place before the historical designations could be handled on a site-by-site basis. It was mentioned that the City hired Dr. Adams, who has extensive background in this field, and that a Historic Survey was filed with the State of Florida defining all of the houses, buildings, and structures that meet the criteria for a local and National designation. City Manager Smith explained that Dr. Adams reviewed the study from FIU (Florida International University) that was done some time ago and determined that it was inadequate and that another study should be conducted. Vice-Mayor Bertino congratulated Carol McElyea for receiving the award for "Irish Mother of the Year". MINUTES - CITY OF DANIA BEACH 15 MARCH 13, 2000 10.5 Mayor McElyea encouraged the public to attend the First Annual Reunion at Dania Elementary on March 31, 2000, at 3:00 p.m. Mayor McElyea advised that some of the cable companies installing fiber optic lines are digging up railroad cross ties and dumping trash along the FEC railroad right-of-way. He mentioned that he and Janice Peterman reviewed a list of things that need to be completed at Byrd Park and asked the City Manager to take immediate action in calling FPL about a dangerous electrical wire on the north side of Byrd park. Beulah Lair encouraged attendance at the Dr. Herman Wrice memorial services being held Saturday at 6:00 p.m. at the Greater Trinity Baptist Church in the northwest section of the City and reported that the Turn-Around-Dania Beach organization would be marching after the services. 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion and possible action on a Resolution approving YMCA agreement for ICE Cube center at Charlie Will Thomas Park. (Staff) City Manager Smith presented a draft agreement from YMCA of South Broward to provide computer services at Charlie Will Thomas Park and mentioned that the ICE CUBE program would be changed to the Dania Beach Center for Success. • Commissioner Cali requested that the City Manager bring back a funding proposal from the YMCA for opening the Center on weekends, school holidays, school early-release days, and a summer program. City Manager Smith advised that the YMCA would work with the City on identifying additional grant funding for expanding the center's hours of operation and BSO may also provide additional funding for the program. Vice-Mayor Bertino asked the City Manager to review the possibility of transporting children to the computer center in conjunction with the ongoing After School Programs at Collins Elementary and Dania Elementary Schools. City Manager Smith agreed to meet with the YMCA and bring back a revised agreement. 11.2 Approval of City Seal. (City Manager) City Manager Smith presented a seal of the City's logo including "Broward's First City" and "Incorporated in 1904" reflecting the geography of the City and recognizing the historical aspects of the City. Commissioner Mikes agreed that the proposed logo consisted of a nice set of graphics but requested that the design of the seal be presented to all of the City's committees for review and comment. MINUTES - CITY OF DANIA BEACH 16 MARCH 13, 2000 Commissioner Etling suggested that the typeface be changed to reflect a more historical connotation. 11.3 Annexation Update (City Manager) City Manager Smith reported that the City's annexation bill was approved at the recent Broward County Legislative Delegation and would be considered by the Florida Legislature at the upcoming session. City Manager Smith advised of staff's recent and forthcoming meetings scheduled with unincorporated areas as part of the City's "Meet and Greet Campaign". Commissioner Cali was dissatisfied with the financial tables on pages 8 and 9 presented in the South Central County Annexation Study prepared by Nova Southeastern University. He explained that the University left out the debt service millage rate from the study which would be a major component for residents to consider when making a decision on what city they would choose to be annexed into. City Manager Smith advised that Finance Director Jabalee checked with Hollywood and she was advised that they do not have any additional millage rate for debt service. Commissioner Cali thought that Hollywood had a number of GO Bond issues and he-mentioned that there was no footnote as to annual debt service. I In response to Commissioner Cali, City Manager Smith explained that Dania Beach requested one voting district and Hollywood requested six voting districts, however, the Legislative Delegation imposed a compromise bill to consist of four voting districts where Dania Beach or Hollywood would have to be chosen. 11.4 Discussion of Merengue Festival. City Manager Smith recommended continuance of the Merengue Festival discussion until representatives could address staffs concerns regarding the loudness of the music, inadequacy of parking and failure to make arrangements for Police and Fire services. Mayor McElyea mentioned that the backup provides for a percentage of the proceeds to be donated to the ICE Cube Program and he recommended that the proceeds go to the Dr. Herman Wrice foundation. Commissioner Cali reminded the Mayor that the City will still have a computer center and may need the money. 12. APPOINTMENTS 12.1 Appointment of 3 members to the Airport Advisory Board. 12.2 Appointment of 1 member to Human Relations Board. 12.3 Appointment of 1 member to the Marine Advisory Board. MINUTES - CITY OF DANIA BEACH 17 MARCH 13, 2000 • 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. 12.5 Appointment of 1 member to Parks, Recreation and Community Affairs Advisory Board. 12.6 Appointment of 3 members to Unsafe Structures Board (terms expired 3/12/2000 for Attorney, Plumbing Contractor and Real Estate Property Manager positions). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERS TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE THREE- YEAR TERMS BEGINNING MARCH 13, 2000, AND ENDING MARCH 12, 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 McElyea made a motion, after passing the gavel, seconded by Commissioner Etling, to adopt the resolution reappointing the current three members to-the Unsafe Structures Board. The motion passed on the following roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 13. ADMINISTRATIVE REPORTS 13.1 City Manager extended congratulations to the Mayor and Vice-Mayor. Due to a conflict with the Broward League of Cities, Mr. Smith suggested that the public hearing scheduled for March 23 be changed to March 30 to consider the removal of Clara Randall from the Dania Housing Authority. After further discussion regarding advertising and the need for witnesses to be present, the City Commission decided to leave the hearing as scheduled on March 23. City Attorney Ansbro clarified that this was the Dania Housing Authority's case and that they are responsible for proving the case to remove Ms. Randall and to notify witnesses to be present. It was mentioned that telephone conferences might be an alternative for some witnesses if the Dania Housing Authority agrees. City Manager Smith reported that two Commissioners, City Attorney Ansbro and himself would be attending Broward Days in Tallahassee on March 15 and 16. City Manager Smith requested a goal-setting workshop with the City Commission sometime during the month of April in preparation for the budget workshops and asked the City Commission to let him know the dates that they would not be available. MINUTES - CITY OF DANIA BEACH 18 MARCH 13, 2000 13.2 City Attorney — no comments 14. ADJOURNMENT—The meeting adjourned at 12:00 midnight. ATTE T: MAYOR — COMMISSIONER CITY CLE Respectfully submitted by Nanci Denny Approved on: November 13, 2001 MINUTES - CITY OF DANIA BEACH 19 MARCH 13, 2000