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HomeMy WebLinkAbout2000-03-28 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MARCH 28, 2000 1. Mayor McElyea called the meeting to order at 7:30 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Reverend Jim Sweet, Dania Heights Baptist Church. 3. ROLL CALL Present: Mayor: C.K. McElyea Vice-Mayor: John Bertino Commissioners: Jim Cali John Etling Bob Mikes rCity Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. PRESENTATIONS 4.1 COP (Citizens' Observer Patrol) — Chickee Brandimarte & Gary Garofalo presentation of American Police Hall of Fame Award to Deputy Richard Tarrant. Gary Garofalo, Chickee Brandimarte and Bill Wallace presented Deputy Richard Tarrant, BSO, with the American Police Hall of Fame Award. Chickee Brandimarte explained that Deputy Tarrant was one in 600,000 Law Enforcement Officers to receive the American Police Hall of Fame Award. Gary Garofalo and Chickee Brandimarte mentioned that Deputy Tarrant was chosen for his professional abilities and strong community involvement. Deputy Tarrant was also recognized for being a major factor in creating the Citizens' Observer Patrol. 5. PROCLAMATIONS 5.1 Proclamation honoring the memory of Dr. Herman Wrice and declaring April 14, 2000 "Dr. Herman Wrice Day" in the City of Dania Beach. Mayor McElyea presented the Proclamation, honoring the late Dr. Herman Wrice, to 's Rhonda Peoples, Turn Around America Program. Ms. Peoples, on behalf of Dr. Wrice's MINUTES - CITY OF DANIA BEACH 1 MARCH 28, 2000 family, was very pleased to accept the proclamation. She advised that Turn Around Dania Beach members would be marching on April 11th and that additional marches would be taking place nationwide and throughout different countries on April 28th. Ms. Peoples presented a picture of Dr. Wrice with children at Addie Mae Chunn Park on the day that the playground was built as a community partnership between Motorola, Inc., the City of Dania Beach, Turn Around Dania Beach, KaBOOM!, the children and other residents of Dania Beach and The Dania Housing Authority. 5.2 Proclamation declaring April 6, 2000 "Historic Preservation Day 2000." City Manager Smith read the proclamations in their entirety. ITEMS 6.5, 6.6, 6.7, 6.8, and 6.9 WERE PULLED FROM THE CONSENT AGENDA ITEMS 6.11(a) (b) WERE HEARD AFTER ITEM 8.2, Public Hearings. 6. CONSENT AGENDA (including expenditures) Bills: 6.1 Approval of bills for the month of January, 2000. Resolutions: 6.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE 15-PASSENGER VAN IN THE AMOUNT OF • $21,132.00 FROM DON REID FORD, UNDER FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES CONTRACT NO. 99-07-0913 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SEVENTEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2000 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY,OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 6.10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 9.1 OF RESOLUTION 28-85, WHICH SECTION IS ENTITLED "ADDRESSING THE COMMISSION", TO REVISE THE PROCEDURES APPLICABLE TO CITIZEN COMMENTS FOR NON-AGENDA ITEMS CONSIDERED AT CITY COMMISSION MEETINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES - CITY OF DANIA BEACH 2 MARCH 28, 2000 • A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, Commissioner Mikes, approving the Consent Agenda with the exception of items 6.5, 6.6, 6.7, 6.8, and 6.9. 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 6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER l"O PURCHASE STREET RESURFACING SERVICES IN THE AMOUNT NOT TO EXCEED $200,000.00 FROM WEEKLEY ASPHALT PAVING, INC., UNDER THE CITY OF HOLLYWOOD, FLORIDA BID PROPOSAL NO. DDA-99-025 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested a list of streets to be paved and he also questioned the quality of Weekley Asphalt's work. Bud Palm, Utilities Director, explained that there were several streets in the northeast and southeast sections of the City that would need to be paved after the replacement of water lines. Mr. Palm advised that a few streets in the annexed area also need to be repaved. Mr. Palm recommended Weekley Asphalt Paving, Inc. for street resurfacing • services. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to adopt 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 6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR SERVICES AT CHARLIE WILL THOMAS PARK FROM THE YMCA OF SOUTH BROWARD COUNTY FROM APRIL 1, 2000 TO SEPTEMBER 30, 2000 IN AN AMOUNT NOT TO EXCEED $38,400.00. THE AFOREMENTIONED AMOUNT TO COME FROM A COMBINATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS AND LAW ENFORCEMENT TRUST FUND REVENUES; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Cali was concerned that the contract amount may need to be increased to cover additional hours for the facility to be open during school holidays, early release days, weekends and during the summer. City Manager Smith recommended approving the contract with YMCA since the contract provides for a unit price dealing with expanded hours and amending the contract at a later date once he determines the • dates for school holidays and additional hours of operation. City Manager Smith MINUTES - CITY OF DANIA BEACH 3 MARCH 28, 2000 advised that upcoming Spring break hours would be covered under his spending authority and that the facility would be open from 2:00 p.m. to 7:30 p.m. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution with the understanding that an amendment covering expanded hours for school holidays, early release days, weekends and the summer would be brought back to the Commission once the City Manager determines the utilization of the center. 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 6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR NETWORK SERVICES FROM CIBERLYNX, INC., A FLORIDA CORPORATION FOR A TERM OF THREE YEARS FOR A TOTAL SUM NOT TO EXCEED $34,162.20; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes thought there might be a way to get a subsidized service for the City through various franchise agreements. City Manager Smith advised that there was no opportunity for a free service or a reduced cost at this time. He advised that the agreement with Ciberlynx was not a long- term commitment and could be canceled with short notice. Mr. Smith recommended that the City proceed with entering into a contract with Ciberlynx and if it can be replaced with a free service or reduced cost via a franchise agreement then the contract with Ciberlynx could be canceled. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, to continue Item 6.7 to the April 11, 2000, regular meeting with the understanding that City Attorney Ansbro review the AT&T agreement from Hollywood presented by Commissioner Mikes and research the possibility of the City obtaining services at a lower cost. The motion passed on the following 4/1 roll call vote: Commissioner Cali — eses Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 6.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE A REQUEST WITH BROWARD COUNTY SHERIFF'S OFFICE FOR $39,025.00 FROM THE LAW ENFORCEMENT TRUST FUND FOR EXPENSES ASSOCIATED WITH IMPLEMENTING THE DANIA BEACH CENTER FOR SUCCESS (800 NW 2ND STREET, DANIA BEACH, FL, 33004); PROVIDING FOR • THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED MINUTES - CITY OF DANIA BEACH 4 MARCH 28, 2000 REPRESENTATIVE OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Cali asked for the balance in the Law Enforcement Trust Fund. City Manager Smith advised that there was a balance of approximately $111,000.00. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt 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 6.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE LAWSUIT FILED BY THREE ELECTED OFFICIALS AND THE GROUP CITY EMERGENCY MEDICAL SERVICE COALITION OF BROWARD COUNTY, INC., CHALLENGING THE CONSTITUTIONALITY AND VALIDITY OF CERTAIN AGREEMENTS AND ACTIONS BY BROWARD COUNTY THAT PURPORT TO GIVE THREE AMBULANCE COMPANIES THE EXCLUSIVE RIGHT TO PROVIDE INTERFACILITY TRANSFERS THROUGHOUT THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes wondered if this would add competition or would the alternative be basically city-to-city delivery and would the city-to-city service cost more or less. City Manager Smith explained that Broward County currently grants an exclusive right to private companies to provide non-emergency transport and the lawsuit deals with some entities within Broward County who would like to provide non-emergency transport within their City and those entities are being prevented from doing so. Mr. Smith felt that the lawsuit would enhance competition. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to continue Item 6.9 to the April 11, 2000, regular meeting with the understanding that City Attorney Ansbro obtain the actual agreement from Broward County with the ambulance companies to be distributed to the City Commission and that the resolution be revised by including additional language protecting Dania Beach's ability to provide emergency service. 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 ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY ITEMS 6.11(a) (b) WERE HEARD AFTER ITEM&Z PUBLIC HEARINGS 6.11 (A) AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A MINUTES - CITY OF DANIA BEACH 5 MARCH 28, 2000 PARCEL OF LAND CONTAINING 2.6091 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T" AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 65 FLEX UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (B) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLY EICHNER OF CALVIN, GIORDANO AND ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM-3 (MULTI- FAMILY RESIDENTIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the ordinance titles. Shelly Eichner, representing the petitioner, requested approval of the allocation of 64 flex units on the 2.6-acre site. • Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Vice-Mayor Bertino suggested a continuance to the next meeting due to the pending FP&L lawsuit on the adjacent parcel and the possible construction of a sub-station next to a residential development Due to the pending lawsuit, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, to continue Items 6.11 (a) and (b) to the April 11, 2000, regular meeting. The petitioner, Shamrock of Broward, LTD., agreed to bring back an amended request reducing the flex units from 65 to 58. 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 7. BIDS AND REQUESTS FOR PROPOSALS - None 8. PUBLIC HEARINGS (Continued from 2/22/00 regular meeting) 8.1 SP-91-99 — Finalization of site plan approval request by Herb Green of Avid Engineering, representing Mark Sheldon of Regal Ventures, Inc. for Publix MINUTES - CITY OF DANIA BEACH 6 MARCH 28, 2000 Supermarkets, for property located on the SW corner of SE 5th Avenue and Dania Beach Blvd., Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2000-011.1, ADOPTED JANUARY 25, 2000, AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION APPROVING A REVISED SITE PLAN (SP-91-99) SUBJECT TO CERTAIN TERMS AND CONDITIONS, SUCH SITE PLAN SUBMITTED BY HERB GREEN, AVID ENGINEERING REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. FOR PUBLIX SUPERMARKETS SHOPPING CENTER TO BE LOCATED AT THE SOUTHWEST CORNER OF EAST DANIA BEACH BLVD. AND SE 5T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Attorney Bonnie Miscoll, was present representing the petitioner. Laurence Leeds, Growth Management Director, explained the 15 conditions listed in his staff report and included in the resolution approving the site plan. He requested that the City Commission include any additional conditions that they may deem necessary for the Publix Shopping Center. The Commission was concerned that the median opening to Jai Alai on Dania Beach Boulevard would have to be closed if the Publix Project was approved. Attorney Miscoll advised that due to new regulations, FDOT would require that the median opening be closed. Molly Hughes, Traffic Consultant, thought that something could be worked out • with FDOT with regard to the median opening. Mayor McElyea opened the public hearing. Attorney Charles Seimen, representing Dania Jai Alai, advised that FDOT had been contacted by Dania Jai Alai with regard to the curb cut on Dania Beach Boulevard and that the circumstances in which the two curb cuts were originally, preliminarily approved by letter from FDOT had expired and was no longer in effect. He advised that Dania Jai Alai supports the Publix project and would like to see it approved with a condition that there be a single access point that would be right-in/right-out, which would not disturb the median cut. He asked that the City Commission not put Jai Alai in a position of having to apply for a variance from FDOT. Mr. Seimen advised that Dania Jai Alai would be willing to close the east entrance on Dania Beach Boulevard north of the intersection of SE 5th Avenue & Dania Beach Boulevard, if it would help the situation. John Soffia, representing Meadowbrook Phase IV, clarified that his Association would prefer that the exotic plant and tree species be cleared out and replaced with new landscaping. He also agreed to provide access to Publix for maintenance of the landscaping. Hearing no further comment, Mayor McElyea closed the public hearing. • MINUTES- CITY OF DANIA BEACH 7 MARCH 28, 2000 • Molly Hughes, Planning Consultant, felt if Publix was limited to a single entrance on Dania Beach Boulevard that FDOT might be willing to permit the median opening on Dania Beach Boulevard for Dania Jai Alai. Ms. Miscoll advised that there was an obligation on the plat that required the closing of the median opening in front of Jai Alai. Ms. Miscoll advised that Publix would be willing to construct only one access without affecting the throat depth and would be willing to ask FDOT to allow the existing median opening to stay. She also advised that a plat note amendment would be required. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to adopt the resolution approving the revised site plan request for Publix Shopping Center with the following conditions: 1. Applicant to install "s-type" roof tile along the mansard roof on the north and east (5t" Avenue) sides of the building. 2. Applicant to provide a $75,000.00 bond for traffic light signalization at the intersection of East Dania Beach Boulevard & SE 5t" Avenue in a form acceptable to Broward County. For any portion of the bond, which Broward County may refuse to accept, such portion shall be submitted to the City Growth Management Department in the form of a cash bond. This condition shall be completed prior to • issuance of a certificate of occupancy. 3. Applicant to provide construction plans indicating a new sidewalk along SE 5th Avenue and a pedestrian access from the sidewalk to the shopping center. 4. Publix to restrict truck deliveries to the hours between 8:00 a.m. and 8:00 p.m., seven days a week. Publix Supermarkets shall provide a letter to the City agreeing to this condition prior to issuance of building permit. 5. Publix to require truck drivers to turn off truck engines while loading and unloading. Publix Supermarkets shall provide a letter to the City agreeing to this condition prior to issuance of building permit. 6. Publix to restrict pick-up/drop-off of trash compactors and dumpsters to the hours between 8:00 a.m. and 8:00 p.m., seven days a week. Publix Supermarkets shall provide a letter to the City agreeing to this condition prior to issuance of building permit. 7. Applicant to provide a south building elevation clearly showing full screening of the loading dock on the south side of the building prior to issuance of building permit. Building elevations shall be submitted and approved by staff prior to issuance of building permit. • MINUTES - CITY OF DANIA BEACH 8 MARCH 28, 2000 8. Applicant to provide south building elevation clearly showing full screening of roof • top equipment from the ground floor elevation. Building elevations shall be submitted and approved by staff prior to issuance of building permit. 9. Add a Note on Building Permit Landscape Plan as follows: "Height of wall to be measured from grade of abutting new pavement to be installed on Publix side of wall". 10. Applicant to provide "title record" for review by the City Attorney, City Engineering consultant, or both. Submission of title work and review of same shall be completed prior to issuance of building permit. 11. Applicant to provide on plan, prior to issuance of building permit, an exclusive water and sewer easement along the south property line (away from screen wall) if so directed, in writing, by the City Public Works/Utilities Director. 12. Applicant to provide copy of recorded plat prior to issuance of any building permit. 13. All outstanding Growth Management cost recovery fees shall be paid in full prior to issuance of building permit. 14. Applicant to remove (with the agreement of each affected condominium association) exotic and invasive plant species located on Meadowbrook property • between the Publix and Meadowbrook Condominium parking areas. 15. Applicant to commit to a maximum difference in grade (approximately 20 inches based on the preliminary paving and drainage plan) between the existing Meadowbrook parking area and the proposed rear yard Publix pavement area. Said commitment shall be noted on the Construction Site Plan Drawings accordingly. 16. Applicant to allow Meadowbrook Association IV to tag various Palm Trees within the exotic and invasive species area so that Meadowbrook Association IV can relocate said trees to Meadowbrook IV property. 17. Applicant agreed to obtain a maintenance easement agreement from Meadowbrook IV and C in order for Publix to provide perpetual landscape maintenance on Meadowbrook's side of the wall. 18. Applicant to provide a ficus hedge to be interspaced between the proposed trees on the Publix side of the wall. Applicant shall revise landscape plans accordingly prior to issuance of building permit. 19. Applicant shall provide a five-foot walkway to be located along the east side of the out-parcel for a walkway/crosswalk. The walkway/crosswalk shall be located ® directly west and adjacent to the landscape strip abutting the west side of the west MINUTES - CITY OF DANIA BEACH 9 MARCH 28, 2000 access driveway. The walkway shall begin at Dania Beach Boulevard, continue south adjacent to the west driveway greenbelt, and continue through the shopping center parking lot (eliminating three (3) parking spaces, if necessary) to the shopping center sidewalk. Publix shall also provide the original pedestrian walkway as shown adjacent to the monument sign. 20. Applicant shall plant Royal Palm trees along the landscape strip adjacent to the proposed walkway referenced in condition No. 18, with the understanding that the walkway be located to the west of the Royal Palm trees. 21. With the understanding that a single vehicular entrance on Dania Beach Boulevard may resolve the median cut issue, applicant agreed to jointly work with Molly Hughes, of Hughes-Hall, Inc., the operators of Dania Jai Alai, and the City of Dania Beach in resolving the median closure issue by requesting that the District Engineer, Florida Department of Transportation, continue to permit the left turn median opening that has existed for 7 years with the understanding that there will not be any change to the throat depth of the driveway for Publix. In the event that FDOT denies the request, Publix shall be allowed to go forward with the two driveways as shown on the plan with the understanding that access onto Dania Beach Boulevard would be restricted to "right-turn in/right-turn out" only. 22. Applicant shall pursue a plat note amendment for the median opening. 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 8.2 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. (second reading) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the ordinance would establish a zoning designation consistent with the existing land use designation which allows up to 25 units per acre. 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 Ordinance on second reading. The motion passed on the following 5/0 roll call vote: MINUTES - CITY OF DANIA BEACH 10 MARCH 28, 2000 • Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes ITEMS 6.11(A) & (B) WERE HEARD NEXT 8.3 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. (second reading) City Attorney Ansbro read the ordinance title. Laurence Leeds, Growth Management Director, explained that the ordinance would create a special procedure for city-wide rezonings comprised of 10 acres or more and would provide the city commission more authority to improve the quality of existing development. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the Ordinance on second reading. • The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes 8.4 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. (second reading) Attorney Ansbro read the ordinance title. Mayor McElyea opened the public hearing. Hearing no one speak in favor or • opposition, the public hearing was closed. MINUTES - CITY OF DANIA BEACH 11 MARCH 28, 2000 A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the Ordinance on second 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 8.5 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. (second reading) City Attorney Ansbro read the ordinance title. City Manager Smith explained that the ordinance was a clarification to the existing parking ordinance which would incorporate language to allow the City to collect fines and revenues based on the new master meter system that was recently approved. Mayor McElyea opened the public hearing. Hearing no one speak in favor or in opposition, the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes (Continued from 3/13/2000, Regular Meeting) 8.6 (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 301h 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. MINUTES - CITY OF DANIA BEACH 12 MARCH 28, 2000 . Laurence Leeds, Growth Management Director, advised that a revised site plan had been submitted and recommended approval of the special exception as well as the site plan with the staff conditions. Nick Blount, representing Florida Power & Light, concurred with staff's recommendation and emphasized the need for the project in order to meet the needs of existing customers within Dania Beach. Mayor McElyea opened the public hearing. Beulah Lair questioned who would be serviced by the substation. Mr. Blount stated that Dania Beach would be serviced by the substation and that a large portion of the substation would have feeders going directly to the airport. Hearing no further comment, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution approving the Special Exception (SE-103-99) with the following conditions: (1) Applicant to provide written approval from the Broward County Aviation Department prior to issuance of building permit. • (2) Applicant to dedicate a 35.03 ft. right-of-way for Collins Road (SW 36th Street), by an instrument to be approved by the City Attorney, prior to the FP&L station going "on-line." (3) FP&L to provide cash bond for sidewalk construction with the understanding that the bond could be used for municipal purposes if the sidewalk is not constructed at the FP&L site. (4) Applicant to provide an access easement (or reservation) to the undeveloped portion of the FP&L parcel prior to issuance of building permit. (5) Applicant shall obtain a tree removal permit prior to issuance of building permit. (6) Building color to be beige, as indicated. (7) Applicant shall provide the City a Declaration of Restrictive Covenant for the back parcel with a restriction that the parcel would be used for conservation purposes. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - yes o Commissioner Mikes — yes Vice-Mayor Bertino — no Mayor McElyea - yes MINUTES - CITY OF DANIA BEACH 13 MARCH 28, 2000 (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 36T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution approving the Site Plan (SP-104-99) with the following conditions: (1) Provide written approval from the Broward County Aviation Department prior to issuance of building permit. (2) Applicant to dedicate a 35.03 foot right-of-way for Collins Road (SW 36th Street), by an instrument to be approved by City Attorney, prior to the FP&L station going "on-line." (3) FP&L to provide cash bond for sidewalk construction and the bond to be used for municipal purposes if the sidewalk is not constructed at the FP&L site. (4) Provide an access easement (or reservation) to the undeveloped portion of the FP&L parcel prior to issuance of building permit. (5) Obtain tree removal permit prior to issuance of building permit. (6) Building color to be beige, as indicated. (7) Applicant to provide the City a Declaration of Restrictive Covenant for the back parcel with a restriction that the parcel would be used for conservation purposes. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — no Mayor McElyea - yes AT THIS TIME, MAYOR MCELYEA ALLOWED A THREE MINUTE RECESS (Continued from 1/25/00 regular meeting) 8.7 SP-81-99 - Site Plan approval request by Robert Spencer of JN Realty, representing Javier Naranjo for a duplex located at 207 SW 11th Street, Dania Beach. • MINUTES - CITY OF DANIA BEACH 14 MARCH 28, 2000 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE • PLAN REQUEST SUBMITTED BY J. JAVIER NARANJO, FOR PROPERTY LOCATED AT 207 SW 11TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Laurence Leeds, Growth Management Director, explained that the Commission directed the applicant to meet with the owner of the adjacent property in an attempt to reach an agreement to purchase a 30 foot strip in order to develop the site for two single family homes. Mr. Leeds advised that he contacted the property owner and advised him that the lot no longer met the requirements to construct a single family home. Mr. Leeds was advised that neither party could reach an agreement with regard to price. Mr. Leeds also advised that if Mr. Naranjo did purchase the additional 30-foot strip, he would be required by Broward County to replat the property in order to construct two single family homes on the property. Staff recommended the following conditions should the City Commission approve the site plan: 1) Existing hedge on SW 2nd Avenue to be directly adjacent to the parking area 2) Rear yard building setback to be a minimum of 15' 3) Each unit to be two bedrooms/two bathrooms and contain a minimum of 875 square foot of floor area • Mayor McElyea opened the public hearing. Javier Naranjo was present to request approval. Hearing no further comment, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to continue Item 8.7 (SP-81-99) to the April 11 regular meeting as long as a revised site plan is received within five days, if not, to continue the request to the April 25 regular meeting and directing the petitioner to bring back a revised site plan pivoting the design of the building with a 15' rear setback and a 25' front setback, revised floor plans and elevations. 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 8.8 ZA-002-00 — Request for zoning appeal by Matthew Zifrony, Esq. representing Tom Naylor, prospective purchaser of property located at 400 South Federal Highway, Dania Beach (A/K/A "The Frost Property") from the decision made by the Growth Management Director on March 15, 2000, where it was determined that site plan approval, various parking and/or landscape variances and a determination of accessory parking are required. MINUTES - CITY OF DANIA BEACH 15 MARCH 28, 2000 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY MATTHEW ZIFRONY, ATTY, REPRESENTING TOM NAYLOR PROSPECTIVE PURCHASER OF PROPERTY LOCATED AT 400 SOUTH FEDERAL HWY, DANIA BEACH (A/K/A "THE FROST HOUSE"); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the applicant was proposing to renovate the existing building, including a small-scale aqua culture business on the first floor. The determination that a site plan was required for the conversion to commercial use was being appealed by the applicant. Mr. Leeds explained that the rear of the property (behind the Frost House) was zoned duplex and the Future Land Use Plan designation was "Commercial". The applicant was also appealing the determination that a fence variance was needed and that parking was required. Mr. Leeds was willing to support the applicant's appeals with the following conditions: 1) Delete four parking spaces in the rear to preserve a mango tree, 2) Move green house over to preserve a citrus tree, 3) Adjust retention area to preserve a mango tree, 4) Preserve all existing trees on the site, 5) Restrict RD-6000 parking to non-commercial vehicles only, • 6) Applicant to provide a Unity of Title to the satisfaction of the City Attorney linking the front parcel and the back parcel prior to issuance of Certificate of Occupancy. Attorney Dan Taylor with the law firm of Tripp-Scott, representing Tom Naylor, requested approval of the zoning appeal. The applicant had no objection to reducing the off-street parking to 6 spaces, however, the applicant did have an issue with relocating the greenhouse because of the size of the structure and requested relief if the greenhouse could not be reduced to a 28' x 50' structure. Mayor McElyea opened the public hearing. Hearing no one speak in favor or in opposition, the Mayor closed the public hearing. At this time, a motion was made by Commissioner Etling, seconded by Commissioner Cali to extend the meeting past 12:00 midnight. The motion passed unanimously. Attorney Taylor indicated that Tom Naylor would preserve the house as long as he owned it. Mr. Leeds asked the applicant if they would voluntarily commit to a time frame to preserve the Frost house in the front of the property. The applicant agreed to a 10- year restriction and to grant the City the right of first refusal to acquire the property. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt • the Resolution approving the Zoning Appeal (ZA-002-00) with the following conditions: MINUTES - CITY OF DANIA BEACH 16 MARCH 28, 2000 a) Preserving all existing trees, including mango/citrus trees in the rear yard by: • i) reducing off-street parking from 8 to 6 spaces to preserve existing mango tree; ii) moving the greenhouse so as to preserve the citrus tree on the southwest corner of the site, and; iii) adjusting the proposed retention area so as to preserve the mango tree in the center of the site. b) Restricting RD-6000 parking to non-commercial vehicles only. c) Providing a Unity of Title to the satisfaction of the City Attorney linking the front and back parcels in perpetuity, which shall be done prior to issuance of a certificate of occupancy. d) Petitioner agreed to provide a 10-year deed restriction limiting the use of the property to the existing uses (Frost house and garage/guest quarters), said deed restriction to continue for 10 years regardless of property ownership, which shall be completed prior to issuance of a certificate of occupancy. e) Petitioner agreed to grant the City the first right of refusal if the property is ever ® placed on the market for sale, which shall be completed prior to issuance of a certificate of occupancy. e) Petitioner to maintain Palm Trees in the front yard. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - yes Commissioner Mikes — yes Vice-Mayor Bertino — no Mayor McElyea - yes 8.9 SA-101 A-99 — Sign adjustment request by Ronald P. and Carol D. Grampa, of Grampa's Real Estate, Inc., for property located at 17 SW 1st Street, Dania Beach (A/K/A Grampa's Bakery and Restaurant) from Chapter 28, Zoning, Article 28, Signs. A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY RONALD P. AND CAROL D. GRAMPA, GRAMPA'S REAL ESTATE INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 17 SW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES - CITY OF DANIA BEACH 17 MARCH 28, 2000 Laurence Leeds, Growth Management Director, advised that the applicant was requesting a sign adjustment for a roof sign, painted wall sign, box sign and a pole sign. Mr. Leeds explained that roof signs are only allowed if they are an integral part of the building and it was staff's opinion that the roof sign was not an integral part of the building. The painted wall sign on the east face of the building was also prohibited. The box sign, located on SW 1st Street, and the pole sign, located on US 1, are both prohibited, however, an appeal can be granted for either of these signs if so desired by the Commission. Carol Grampa and Tom Grimes were present to request approval of the sign adjustments. Mayor McElyea opened the public hearing. Steve Sissell, 2850 Ravenswood Road spoke in favor of allowing Grampa's to keep their existing signs. Steve Welsh, operator of two motels on the beach, spoke in support of the signs for Grampa's. After no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali to allow Grampa's permission to keep all the existing signs which included the painted wall sign, roof sign, box sign & pole sign. City Attorney Ansbro advised that the painted wall sign was strictly prohibited by the ordinance and would require an amendment to the ordinance in order to allow it. Commissioner Cali amended his motion to include an amendment to the ordinance which would allow painted wall signs. The motion was seconded by Mayor McElyea, after passing the gavel. (no vote was taken on this motion) Commissioner Mikes requested that coco plum hedges be planted along the east side of the building in front of the parking spaces. A motion was made by Commissioner Cali, seconded by Mayor McElyea, after passing the gavel, making the determination that the roof sign was an integral part of the building. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino — yes Mayor McElyea - yes A motion was made by Commissioner Cali, seconded by Commissioner Mikes, adopting the Resolution granting Sign Adjustment (SA-101A-99) permitting three (3) signs (roof sign, yellow wall box sign, and the pole sign on US 1), excluding the painted wall sign, and directing the petitioner to remove the painted wall sign prior to June 1, 2000, and to MINUTES - CITY OF DANIA BEACH 18 MARCH 28, 2000 install a 24" ficus hedge adjacent to the east face of the building prior to June 1 , 2000. The motion passed on the following 4/1 roll call vote: Commissioner Cali — yes Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino —yes Mayor McElyea - yes 8.10 SA-82-99 — Sign adjustment request by Thomas Cimaglia of Carousel Antiques for property located at 48 South Federal Highway from Chapter 28, Zoning, Article 28, Signs, 28.160 Downtown Dania Beach Redevelopment District Sign regulations. Mr. Cimaglia would like to request that the 3 existing window (neon) signs be allowed to remain. A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY THOMAS CIMAGLIA/CAROUSEL ANTIQUES, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160. DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 48 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that there were three (3) neon signs, inside the window of the building. He explained that a neon sign, by definition, is a window sign, however a window sign is one of the signs that is susceptible to an . adjustment. He advised that the Planning & Zoning Board did recommend approval subject to removal of the small wooden sign attached to the brick face of one of the entrances to the building. Tom Cimaglia, owner of Carousel Antiques, was present to request approval. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, adopting the resolution approving the sign adjustment to allow three (3) existing window (neon) signs with the condition that the small wooden wall sign be removed within one year or no later than April 1, 2001. The motion passed on the following 3/2 roll call vote.. Commissioner Cali — yes Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino — no Mayor McElyea - yes 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. 10. COMMISSION COMMENTS • MINUTES - CITY OF DANIA BEACH 19 MARCH 28, 2000 10.1 Commissioner Cali notified the public and City Commission that he would not run for re-election in March 2001 and that he would not run against Tim Ryan for State Representative. Commissioner Cali'requested a status report be given on the foreclosure of the 911 store at the April 11, 2000, regular meeting, due to the safety concerns at the location. 10.2 Commissioner Etling expressed his appreciation to all of the employees in the Recreation, Public Works and Administration Departments for the success of the Time Capsule event that was held at the Nyberg/Swanson House. 10.3 Commissioner Mikes requested copies of the citations being imposed by the Nuisance Abatement Board and asked City Attorney Ansbro to research the inclusion of "Zoning In Progress" language in the Dania Beach Code as was done by the City of Hollywood for land use issues. Commissioner Mikes asked that the City Attorney follow up on the franchise agreement with AT&T that he distributed from the City of Hollywood. Commissioner Mikes asked City Attorney Ansbro to research the possibility of requiring owners of vicious animals to obtain insurance as was done by the City of Hollywood. Commissioner Mikes was concerned with how long it was taking to complete the City's • Historical Preservation Plan and the impact that current Federal legislation may have on protecting historic properties. Commissioner Mikes asked that staff review park acreage to determine a realistic idea of land that was actually usable and suggested the possibility of requiring new developers to donate monies for park improvements. 10.4 Vice-Mayor Bertino mentioned that staff was reviewing the possibility of changing the size of garbage containers for some homeowner associations and that staff would determine the feasibility of offering the option to some residents. Vice-Mayor Bertino encouraged staff to schedule a vision meeting on an annual basis. 10.5 Mayor McElyea advised that Dania Elementary would hold its First Annual Come Back Home Reunion on March 31, 2000, at 3:00 p.m. Mayor McElyea asked for a time frame on the completion of signs changing street names to Argonaut Isle and Nautilus Isle in the Melaleuca Gardens area. City Manager Smith advised that Broward County had been requested to provide the signs. 11. DISCUSSION AND POSSIBLE ACTION • 11.1 Discussion of closing the City's beach parking lot in relation to Martha's Restaurant. (Commissioner Mikes) MINUTES - CITY OF DANIA BEACH 20 MARCH 28, 2000 City Manager Smith advised that Martha's Restaurant was leasing 50 parking spaces, on Saturday nights only, at $5.00 per space per night. Attorney Rick Seay, representing Martha's Restaurant, requested that the parking lease be continued. He explained that without the professional valet parking service, the traffic would more than likely be worse driving up & down A1A and the neighboring areas looking for somewhere to park. Sally, resident of North Beach, and Steve Welsh felt that the valet parking had not improved conditions in the North Beach neighborhood, but had permitted more vehicles into the community and was still contributing to a burden on the community. Commissioner Bertino mentioned that BSO and the Attorney General's office were having problems with the casino boat next to Martha's Restaurant and felt that the lease should be discontinued. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, to discontinue the parking agreement with Martha's Restaurant/Sun Cruz. The motion failed on the following 2/3 roll call vote: Commissioner Cali — no Commissioner Etling - no Commissioner Mikes — yes Vice-Mayor Bertino — yes ® Mayor McElyea - no 11.2 Discussion of motorized scooter ("Go-Peds") regulations. (City Attorney) City Attorney Ansbro and Chief Anton, BSO, confirmed that the creation of an ordinance was not necessary since State Statutes regulate motorized scooters. 11.3 Discussion of request by Steven Cissel, representative for Uniweld Products, 2190 Ravenswood Rd., Dania Beach, to allow temporary trailers on the site during the reconstruction period. Steve Cissel was present to request approval. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, approving the request by Steven Cissel to use no more than 4 temporary trailers on the site during the reconstruction period with the understanding that the trailers would be removed within one-year (expiring March 28, 2001). 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 21 MARCH 28, 2000 11.4 Discussion of request for abatement of a Code Enforcement lien by Steve ® Apicella, Arvida Realty Services, representing Aames Capital Corp. Laurence Leeds, Growth Management Director, explained the nature of the violations; one being no enclosure around a swimming pool and the second being green algae in the pool water creating a health hazard. He advised that the total lien amount was $15,400.00 and the Code Enforcement Board recommended a partial abatement down to $10,000.00 if paid within 30 days of Commission approval. Attorney Doug Blecke, representing Aames Capital Corp., explained that Aames took possession of the property due to foreclosure, two days prior to the property being sited. Aames corrected the problem within one month after taking title to the property and within one month of the notice being issued, however they did fail to have the property re-inspected for compliance. Mr. Blecke requested that the fine be abated further than the recommended $10,000.00. A motion was made by Mayor McElyea, after passing the gavel, seconded by Commissioner Mikes, denying the request for abatement and imposing the full amount of the fine which totaled $15,400.00. 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 12. APPOINTMENTS 12.1 Appointment of 3 members to the Airport Advisory Board. 12.2 Appointment of 2 members to Human Relations Board. 12.3 Appointment of 1 member to the Marine Advisory Board. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) MEMBER TO THE MARINE ADVISORY BOARD TO SERVE UNTIL SUCH MEMBERS' TERMS 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. Commissioner Mikes nominated Kate G. Gaskil to the Marine Advisory Board. Due to the lateness of the evening, the Resolution confirming the appointment was continued to the April 11, 2000, regular meeting. 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. • MINUTES - CITY OF DANIA BEACH 22 MARCH 28, 2000 12.5 Appointment of 1 member to Parks, Recreation and Community Affairs Advisory ,6 Board. 13. ADMINISTRATIVE REPORTS 13.1 City Manager advised that a visioning, goal setting session was scheduled for April 13, 2000. 13.2 City Attorney— no comments 14. ADJOURNMENT This meeting adjourned at 1:55 a.m. March 29, 2000. PAT FLURY, MAYOR CALw"�O� CHARLENE J N 'ON CITY CLERK Approved: February 12, 2002 MINUTES - CITY OF DANIA BEACH 23 MARCH 28, 2000