HomeMy WebLinkAbout2000-06-27 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
JUNE 27, 2000
1. MAYOR MCELYEA CALLED THE MEETING TO ORDER AT 7:37 P.M.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Dilbert King, Dania United Methodist Church
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice Mayor: John Bertino
Commissioners: John Etling
Bob Mikes
City Attorney: Thomas Ansbro
City Manager: ,Mike Smith
Deputy City Clerk: Charlene Johnson
Absent:
• Commissioner: Jim Cali (Excused)
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, excusing
Commissioner Jim Cali from this meeting. The motion passed on a 4/0 roll call vote.
4. PRESENTATIONS
Commissioner Etling requested a moment of silence in honor of the passing of Lynn Futch, BSO
Legal Counsel, who died recently of a heart attack at the age of 39. He presented comments
about her legal life and her many humanitarian efforts that helped hundreds of children and
adults. City Attorney Ansbro advised that Lynn Futch was the Bar President of the Broward
County Bar Association and he took a few moments to read some of her comments from the
President's Message while she was in office.
5. PROCLAMATIONS—
5.1 A proclamation declaring the month of July "Parks and Recreation Month" in the City of Dania Beach.
City Manager Smith read the proclamation in its entirety.
ITEMS PULLED FROM THE CONSENT AGENDA: ITEMS 6.1, 6.2, 6.4, AND 6.6.
6. CONSENT AGENDA (including expenditures)
0-
MINUTES 1 JUNE 27, 2000
CITY OF DANIA BEACH
MINUTES:
4.3 Approval of Minutes of Regular Meeting, October 13, 1998
RESOLUTIONS:
6.5 ' A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR IMPLEMENTATION OF
PROJECTS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT ("EMLEG")
PROGRAM COVERING THE FISCAL YEAR 200012001; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the
Consent Agenda with the exception of Items 6.1, 6.2, 6.4 and 6.6.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
6.1 Approval of Minutes of Regular Meeting, June 13, 2000.
Commissioner Etling pointed out a typographical error on Page 10, Item 8.4 on the motion to
correct "Commissioner Mikes" on the second of the motion.
® A motion was made by Commissioner Etling, seconded by Commissioner Mikes, amending the
minutes as stated.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the
minutes as amended.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
6.2 Approval of Minutes of Regular Meeting, October 27, 1998.
Commissioner Etling pointed out a typographical error on Page 2, Item 1.4 on the motion to
read "Commissioner Bertino" on the second and on Page 6, 4th paragraph, correcting the word
"effect" to "affect
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, amending the
minutes as stated.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
MINUTES 2 JUNE 27, 2000
CITY OF DANIA BEACH
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the
minutes as amended.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
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
PURCHASE ONE SCOTT EAGLE THERMAL IMAGING CAMERA WITH RECEIVER IN THE AMOUNT
OF $17,435.00 FROM SAFETY EQUIPMENT CO., UNDER THE CITY OF HOLLYWOOD, FLORIDA BID
NO. F-3591-13D, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE.
Ken Land, Fire Chief, explained that thermal imaging cameras are used in fires to pick up body
heat to find people and to detect additional heat sources in the walls, which reduces the
damage done to buildings.
Mayor McElyea recommended purchasing an additional camera for the second fire station in the
western section of the City. Chief Land explained that due to budget constraints he only
® requested one camera and he clarified that the City can only handle one major fire at a time and
that the mutual aid backup agencies would be carrying the same camera.
Commissioner Etling agreed with Mayor McElyea that the second camera could be used at the
western station and that there is no cost that can be placed on saving a life.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, amending the
resolution to purchase two (2) cameras for the Fire Rescue Department and adopting the
resolution as amended.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT
TO THE 24T" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH FOR SOUTHWEST IMPROVEMENTS PHASE III, UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, IN THE AMOUNT OF $100,000.00; PROVIDING FOR AN
EXTENSION OF THE PROJECT THROUGH DECEMBER 30, 2000; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Manager Smith corrected the amount of the project to $142,460.00 and the extension date
to March 31, 2001. City Manager Smith advised that the new census requires 51% low and
moderate income for an area to be eligible to receive CDBG funds. He stated that staff will be
is reviewing the City to determine if there are other areas that qualify under the program.
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CITY OF DANIA BEACH
• A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, amending the
resolution as mentioned by the City Manager and adopting the resolution as amended.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
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 RFP on engineering services for Griffin Marine Park.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER
TO PURCHASE ENGINEERING CONSULTANT SERVICES FROM ENVIRONMENTAL
DEVELOPMENT CONSULTANTS (EDC) RELATING TO THE ENGINEERING, DESIGN, AND
PROJECT SUPERVISION OF THE GRIFFIN MARINE PARK PROJECT; AUTHORIZING THE
APPROVAL OF AN AGREEMENT BETWEEN EDC AND THE CITY OF DANIA BEACH FOR
ENGINEERING CONSULTANT SERVICES IN AN AMOUNT NOT EXCEED FORTY-SIX THOUSAND
FIVE HUNDRED DOLLARS ($46,500.00), WHICH SERVICES SHALL BE FUNDED ENTIRELY FROM
A GRANT AWARDED TO THE CITY FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND);
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Manager Smith advised that the design of the boat launching facility (Phase 1) for Griffin
Marine Park is being funded by grants through BBIP (Broward Boating Improvement Program)
• and FIND (Florida Inland Navigation District). The City received four (4) RFP's and the
reviewing committee recommends EDC to be awarded the contract based on their past work for
the City and engineering qualifications.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, accepting staff
recommendation and adopting the resolution awarding the engineering services to EDC
(Environmental Development Consultants).
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
At this time, Item 8.4 was heard
8. PUBLIC HEARINGS
8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE POLICE AND
FIREFIGHTERS' RETIREMENT SYSTEM TO COMPLY WITH THE 1999 AMENDMENTS TO
CHAPTERS 175 AND 185, FLORIDA STATUTES; AMENDING SECTION 18-40(8)(b) OF THE CODE
TO COMPLY WITH THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS
ACT (USERRA) IN GRANTING CREDIT FOR MILITARY SERVICE; AMENDING SECTIONS 18-40(9)
AND 18-40(10)(a) OF THE CODE REVISING THE DEFINITION OF SALARY AND AVERAGE
MONTHLY EARNINGS IN COMPLIANCE WITH STATE LAW; AMENDING SECTION 18-40(7) OF
THE CODE TO PROVIDE THAT THE FIRE AND POLICE CHIEFS MAY OPT NOT TO PARTICIPATE
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CITY OF DANIA BEACH
IN THE PLAN; AMENDING SECTIONS 18-42(2) OF THE CODE TO PROVIDE NORMAL AND EARLY
• RETIREMENT BENEFITS THAT COMPLY WITH STATE LAW; AMENDING SECTION 18-42 OF THE
CODE TO PROVIDE MINIMUM DISABILITY BENEFITS THAT COMPLY WITH STATE LAW AND
DELETING ANY OFFSET IN DISABILITY BENEFITS IN COMPLIANCE WITH STATE LAW;
AMENDING SECTION 18-49 OF THE CODE TO PROVIDE FOR SPECIALISTS ON THE MEDICAL
BOARD AND PROVIDING FOR A PERIODIC MEDICAL EXAMINATION OF DISABILITY BENEFIT
RECIPIENTS IN COMPLIANCE WITH STATE LAW; AMENDING SECTION 18-44 OF THE CODE
PROVIDING FOR A TIME PERIOD TO DEPOSIT STATE FUNDS INTO THE TRUST FUND AND
PROVIDING FOR 30 YEAR AMORTIZATION OF IMPROVED BENEFITS TO COMPLY WITH STATE
LAW; AMENDING SECTION 18-46 OF THE CODE PROVIDING FOR SPECIFIC DUTIES OF THE
BOARD SECRETARY TO COMPLY WITH STATE LAW AND PROVIDING FOR REIMBURSEMENT
OF TRUSTEES IN ACCORDANCE WITH STATE LAW; AMENDING SECTION 18-47 OF THE CODE
PROVIDING FOR COMPLIANCE WITH STATE INVESTMENT LIMITATIONS; AMENDING SECTION
18-49 OF THE CODE TO PROVIDE THAT STATE LAW WILL PREVAIL UNLESS SPECIFICALLY
AMENDED; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND
PROVIDING AN EFFECTIVE DATE. (SECOND READING)
Alison Bieler, Weiss, Serota, et al, advised that the ordinance amends the Police and Fire
Pension Plan and that the amendments bring the plan into compliance with recent legislative
changes to Chapter 185 and 175 of the Florida Statutes. She stated that the amendments must
be adopted in order for the City to continue to receive premium tax revenue dollars from the
State.
Vice-Mayor Bertino confirmed with Attorney Bieler that there are no amendments in the
ordinance that are not mandated by law. Further, Attorney Bieler stated that all of the changes
• have been reviewed and approved by the State of Florida, Division of Retirement.
Commissioner Mikes mentioned that cities are all different in regards to employee benefits and
that over two-thirds of the City's budget costs are for police and fire employee groups.
Commissioner Mikes was concerned that the new plan would allow an employee to work 14
months as a firefighter and find a doctor to confirm disability and be paid 40% of their salary for
the rest of their life. Attorney Bieler advised that this concern has been raised by other cities and
that it is the duty of the Board of Trustees to police this types of abuse. In addition, the new
statute provides penalties against a person being found guilty of this type of fraud.
Commissioner Mikes mentioned that many firefighters have a second career or business and he
disagreed with the new law that allows non-service incurred injuries. He pointed out that other
employee groups are going to be denied'important benefits, like coverage for insurance,
because of the benefit drain placed on the City by the Fire Department. Discussion followed on
the minimum retirement being changed from 25 years to 10 years. Marcus Brasswell, Sugarman
& Susskind, P.A., representing the Police & Fire Pension Board, responded to benefit pension
questions.
Attorney Bieler clarified that a difference in benefits exists between Police and Fire with these
changes because there was only enough money from the State to fund the Firefighters. The law
provides that any changes costing money do not have to be made until there is additional State
money over a base year to fund such changes. She explained that the $38,000.00 received for
the firefighters from the state in 1997 was actually received in 1998 and that the cost of all of the
amendments are covered by these funds.
• Commissioner Mikes mentioned that the Police and Fire Pension Fund is in very good financial
shape because the stock market has been positive, however, he cautioned that the City could
MINUTES 5 JUNE 27, 2000
CITY OF DANIA BEACH
face financial difficulty funding these plan changes if the stock market declined or if the State
stopped providing the premium dollars in the future. Attorney Bieler clarified that the Florida
League of Cities has made it clear to cities that they have the option of not accepting the State's
revenue to provide these changes.
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 Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
ordinance on second reading.
The motion passed on the following 3/1 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —no
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING EXECUTION OF A LEASE AND LICENSE AGREEMENT BETWEEN THE CITY AND
BROWARD COMMUNITY COLLEGE ("BCC"), PERTAINING TO A PARCEL OF LAND LOCATED
WITHIN THE AREA KNOWN AS TIGERTAIL LAKE PARK, INCLUDING A LICENSE FOR NOW
EXCLUSIVE USE OF THE LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY
DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE
AND LICENSING AGREEMENT BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR
CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING)
Vice-Mayor Bertino confirmed with City Attorney Ansbro that the City is not warranting to BCC
that the lake is free of contamination or that it is usable, but, rather, the City is only providing
use of the lake.
Commissioner Mikes confirmed with Attorney Ansbro that there are no provisions in the lease
agreement reducing the City's use of the area. City Attorney Ansbro assured him that the lease
agreement reinstates what BCC was given years ago and mentioned that there was a lapse in
BCC's use of the lake due to dredging of Tigertail Lake for the Bass Pro development.
City Manager Smith advised that the BCC's building will be much nicer as it is projected to cost
upward to $750,000.00 and BCC is also contributing to the maintenance of the lake, which they
had not done previously. City Manager Smith mentioned that Randy Wilkinson, Parks &
Recreation Director, is working with BCC to iron out additional details regarding the use of the
facilities and student fees that are separate from the lease.
Since the southern bank may need some trees and since the rest of the area is being improved,
Commissioner Etling suggested that the City may want to reconsider the language in Paragraph
15 where the City agrees that no additional trees would be planted on the southern and eastern
banks of the lake if the plantings would significantly interfere with prevailing winds for sailing.
The City Commission generally agreed to leave the language as is and have City Attorney
Ansbro send a letter to BCC expressing the City's desire to enhance the landscaping on the
southern bank by emphasizing the word "significantly" used in Paragraph 15.
MINUTES 6 JUNE 27, 2000
CITY OF DANIA BEACH
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 Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
ordinance on second reading.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING;
AMENDING ARTICLE 9 OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH
CHAPTER IS ENTITLED "ZONING", BY CREATING SECTION 9.24.1 OF THE CODE OF
ORDINANCES OF THE CITY, SUCH SECTION TO BE ENTITLED "AUTHORITY TO WITHHOLD
PERMITS AND LICENSES; ZONING IN PROGRESS"; PROVIDING FOR CONFLICTS; PROVIDING A
SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro advised that he prepared an amendment to the ordinance providing a
savings clause confirming that the zoning in progress does not apply to the existing moratorium
relating to the creation of the IROM (Industrial Recreation Office Marine) and IROC (Industrial
Recreation Office Commercial) zoning designations. Attorney Ansbro pointed out that this
ordinance provides the City the option of creating new zoning regulations within a six months
period upon proper advertisement. If the City does not complete the proposed zoning change
within the six months time period, the area in question would then revert back to the original
zoning designation.
Laurence Leeds, Growth Management Director, clarified that the IROM and IROC only apply to
the county zoning designations (M-1, M-2, M-3, M-4, A-land C-1) and that IROM and IROC do -•
not currently affect property zoned I-G and I-R.
Commissioner Mikes mentioned that he received a copy of Deerfield Beach's Resolution
creating a zoning in progress that they are using for design standards, signage, aesthetics,
regulations, and adult entertainment. Commissioner Mikes asked if there were any prohibitions
to applying these uses to the City's ordinance. City Attorney Ansbro explained that the City's
ordinance is more comprehensive compared to the resolution used by Deerfield Beach, which
only reflects a temporary expression.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, amending the
ordinance with the inclusion of a new Section 6 as submitted by City Attorney Ansbro.
The motion passed on the following 410 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
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 Etling, adopting the
ordinance on second reading as amended.
MINUTES 7 JUNE 27, 2000
CITY OF DANIA BEACH
• The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Item 8.5 was heard after Item 8.3
8.4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "WESTSIDE 5" PLAT,
SUCH PROPERTY BEING LOCATED IN THE (SECOND READING) CITY OF DANIA AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;
ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS
AS SHOWN ON SUCH PLAT OF "WESTSIDE FIVE"; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
Laurence Leeds, Growth Management Director, explained that the proposed perimeter plat is
located at the northwest corner of Phippen and Stirling Roads. The property is zoned C-3. Mr.
Leeds indicated that Bud Palm, Utilities Director, has no objection to plat approval and will be
reviewing utility easements at the time of site plan submission.
Gregory Mire, Craig A. Smith &Associates, advised that this is just a perimeter plat and the
owner has not formulated plans for development at this time, however, the owner is negotiating
with FDOT on the actual entrances from Stirling Road and all utility easements will be provided
under separate instruments.
o 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 Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
ordinance on second reading.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
ITEM 8.11 WAS HEARD AFTER ITEM 8.4
Item 8.11 was heard after Item 8.4.
Item 8.5 was heard after 8.3
8.5 VA-22-00 — Request by Udo Weidauer, president of Derecktor Gunnell, Inc., for property located at 775
Taylor Lane, Dania Beach, for variance from Chapter 28, Zoning, Article 4.20 Schedule of Lot, Yard
and Bulk Regulations, to allow a 55 foot high membrane structure where a maximum height of 35 feet
is permitted in an IG zoned district.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY UDO WEIDAUER, AS
PRESIDENT FOR DERECKTOR GUNNELL, INC., FROM CHAPTER 28, ZONING, ARTICLE 4.20
O SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 775
MINUTES 8 JUNE 27, 2000
CITY OF DANIA BEACH
TAYLOR LANE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the variance request is for an
existing 55 foot membrane tent located on the north side of Derecktor Gunnell, Inc. The zoning
for the area allows a maximum 35 feet high structure and the applicant has requested to leave
the tent at its present 55 foot height. Staff had no objection but recommended that the approval
be subject to the height requirements of the FAA or Broward County Aviation Department. Mr.
Leeds pointed out that the backup provides a form letter dated May 23, 2000 from the Broward
County Aviation Department to Mr. Weidauer requesting that he complete the necessary forms.
Commissioner Etling was concerned about the letter stating that the structure penetrates the
100 to 1 slope of Runway 31. Mr. Leeds explained that the airport has certain glide slopes and
certain height restrictions surrounding each runway and they also fan out from the end of each
runway. The City will not know if the tent is a problem until Mr. Weidauer completes the
application with FAA and FAA provides a determination on whether there is any violation.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
Commissioner Mikes questioned Udo Weidauer, president of Derecktor Gunnell, Inc., on the
length of time that the tent has been erected without a permit. Mr. Weidauer thought that the
tent was erected for some two years. Mr. Leeds explained that the tent went up approximately
two to three years ago and that Mr. Weidauer has just recently been employed with the
company. Mr. Leeds explained that staff has been working with Mr. Weidauer in an effort to
o bring the membrane tent into legal compliance and that there are other code issues that must
also be addressed.
Commissioner Mikes stressed the need to properly notify residents who are residing near
industrial types of businesses so that any problems impacting the residents can be addressed.
Vice-Mayor Bertino mentioned that he knows many people in the area and that there have not
been any complaints registered about noxious odors. Mr. Leeds advised that notices were sent
out to real property owners within 300 feet. Mr. Leeds then read some of the names of the
persons that were noticed.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting the
resolution approving VA-22-00.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.6 (A) VA-23-00 —Variance request by Robert I. MacLaren of Osborne & Osborne, PA, representing Nick
Economos, Owner, Coed-Economos Properties, Inc., for property located North of Stirling Road, on the
east side of SW 18th Avenue and south of SW 1st.Street, Dania Beach. The request is for variances
from Chapter 28, Zoning, for a 156 room "Hilton.Gardens" hotel facility.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT I. MACLAREN,
® OSBORNE & OSBORNE, PA REPRESENTING THE OWNER. NICK ECONOMOS, PRESIDENT OF
COED-ECONOMOS PROPERTIES, INC. FROM CHAPTER 28, ZONING AND CHAPTER 26,
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CITY OF DANIA BEACH
VEGETATION FOR PROPERTY LOCATED NORTH OF STILRING ROAD ON THE EAST SIDE OF
O SW 18T" AVENUE AND SOUTH OF SW 1ST STREET, (HILTON GARDENS AT STIRLING RD. PLAT)
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the titles of the resolutions for VA-23-00 and SP-17-00.
Laurence Leeds, Growth Management Director, explained that the subject parcel is located near
Stirling Road and 1-95 and lies north of the former Audubon Society property. The applicant has
requested the following four (4) variances: 1) to allow a six story building where a maximum five
story building is permitted; 2) to allow no designated loading spaces (4 spaces required); 3) to
allow 23% pervious area where 30% is required; 4) to allow a generalized variance from
requirements relating to interior landscaping and landscape islands. Mr. Leeds explained that
the aforementioned variances are associated with the development of a 156 room "Hilton
Gardens" hotel facility that will be located on approximately 2.9269 acres. Mr. Leeds explained
his four conditions outlined in his staff memo and recommended they be made a part of the
approval.
With regard to the large tree removal, Mr. Leeds indicated (based on his discussions with Public
Works and Parks Department staff) that no City departments are able to accept and replant
large trees. Mr. Leeds further indicated that the City landscape consultant advises that some of
the trees are of marginal value. Condition #5 provides for the applicant to pay the value of the
trees, which is $13,061.00, not $15,000.00 as presented.
Vice-Mayor Bertino questioned why the applicant could not relocate the Oak trees that are being
® removed back onto his property. Mr. Leeds mentioned that the applicant was asked to relocate
the trees from the center line of the adjacent road onto his property and that the applicant has
done so in most instances. Mr. Leeds further explained that a landscape median is not
possible since the existing street right-of-way is only 50 feet and that the current minimum
requirement is 60 feet. Mr. Bill Tesaro, City's Landscape Consultant, explained that most of the
trees are being relocated along the west side of the parcel (in front of the new hotel) since the
trees will not be seen or grow in the wetland area to the east side.
Mr. Leeds recommended that the same conditions be added to the site plan and commented on
the traffic aspects of the project. He advised that the applicant has been informed to remove all
signage noted on the construction drawings since all signs require a sign permit.
In response to a question from Commissioner Mikes, Robert I. MacLaren, Osborne & Osborne,
PA, representing Nick Economos, Owner, Coed-Economos Properties, Inc., explained that his
client did attempt to purchase the Audubon property, however, the land was eventually
purchased by an Illinois Limited Liability Company that will most likely develop the land.
Commissioner Mikes was concerned about the pervious area dropping to 23% as it was the City
Commission's desire to retain the green and oak tree canopy in the area since additional
asphalt is being added to the site with the variance request. Mr. Leeds understood his concern
and mentioned that the City could obtain additional green area by reducing the number of hotel
rooms. A reduction in hotel rooms reduces the required parking, thus providing more
opportunity for green area. Mr. Leeds pointed out that the applicant has extended all efforts to
preserve as much of the tree canopy as possible.
O
MINUTES 10 JUNE 27, 2000
CITY OF DANIA BEACH
City Manager Smith advised that Ken Koch, Building Official, expects the moving of the historic
Parker house from the property to City Hall to cost approximately $80,000 to $100,000.
Attorney MacLaren confirmed his understanding about sign permit requirements as mentioned
and advised that his client has agreed to pay the costs to move the historic house. He advised
that Mr. Rodriguez, the project architect, would volunteer his architectural services for the
project, however, this would not include the costs for engineering services to make the
foundation pad ready. Attorney MacLaren explained that any up-front costs to move the house
exceeding $30,000.00 would be credited to Mr. Economos against building and impact fees
imposed by the City. Further, Attorney MacLaren explained that there is a delay in obtaining
the building permit for the property, at this time, because of the County's Land Use Plan and the
need to pursue additional governmental processes. Attorney MacLaren clarified that his client
would pay all monies to move the house up front so that when they are able to obtain the
building permit, his client would be credited with the dollars expended for the relocation of the
historic Parker House in excess of$30,000.00 and up to $100,000.00.
Mr. Leeds mentioned that the benefit to the City is that no money has to be expended up front
towards the relocation of the historic house. Mr. Leeds projected the building permit fees to be
between $30,000 and $50,000 based on the size of the structure, without the costs for impact
fees.
City Manager Smith stated that the historic house may be eligible for local designation as a
historic structure, however, there is some question as to whether or not the house would be
eligible for National registry since the house has been moved before from its original
destination. The City is still looking to spend $50,000.00 to $70,000.00 to move the house and
he wanted to make it clear that the house does not have the same architectural quality as that of
the Nyberg/Swanson House. Mayor McElyea disagreed with moving the house as the roof may
have to be removed and the house may not have historic significance or be worth moving and
he disagreed with waiving fees for developers.
Attorney MacLaren advised that the County issue should be resolved by the end of year 2000
and he stressed the need for his client to begin development as soon as possible. It was
determined that the City has sixty to ninety days to make a decision about moving the Parker
house. City Manager Smith pointed out that the major costs to move the house relates to
$35,000 for the movers and $45,000 in utility costs. The costs associated with moving the
house to City Hall was projected to be cheaper than moving the house to either Frost Park or
Mullikin Park and he also pointed out that the relocation of the Parker house will impact the
timing on the development of the land by Coed-Economos Properties.
Attorney MacLaren advised that Steve Tate, Landscape Architect for the project, worked very
..closely with the City's Landscape Consultant to address tree preservation, which is why the site
plan shows additional driveways that reduced the pervious area. Attorney MacLaren advised
that his traffic engineer worked with the Florida Department of Transportation on the traffic
signal at SW 18th Avenue and that FDOT may want to do the work themselves. Therefore, he
requested that condition'#3 be modified to clarify the traffic signal issue. Mr. Leeds agreed to
include language "confirmation of FDOT prior to issuance of building permit" in Condition #3. In
addition, he clarified for the City Commission that in order to preserve trees along the western
boundary of the site, the petitioner had to move the driveway and reduce the initial 160 unit
hotel down to 156 units. Discussion followed on the City's intent to also require Mr. Thomas,
Springhill Suites, to relocate his Oak trees on the opposite side of the center line of SW 18th at
the time that they come in to develop the proposed conference center.
MINUTES 11 JUNE 27, 2000
CITY OF DANIA BEACH
Mr. Leeds explained that the definition of height in the zoning code provides measurement from
the ceiling height of the top floor, which is 58 or 59 feet.
Mike Rodriguez, Rodriguez Architects, advised that it is a Hilton Hotel requirement to have a
pitched roof and that the fire requirements are much more difficult with this type of ceiling; the
Hilton has agreed to allow the creation of a "well" in the center of the roof to alleviate some of
the requirements. Mr. Rodriguez didn't think that there would be a difference in the net result if
the building footprint was shortened or the floor was raised with the other improvements
requested and suggested that the City may want to reduce the required parking in favor of
green space through another variance. He mentioned that six stories-limits the hydraulics on the
elevator and pointed out that going beyond six feet would require traction, which is a more
expensive machine. Mr. Rodriguez urged the City Commission to not only consider the quantity
of the landscaping but also the quality.
In regards to drainage, Mr. Rodriguez advised that the petitioner.is building a sub-surface
retainage on site and that the hotel will have meeting rooms, which will affect the number of
vehicles coming and going from the site that in turn impacts the pervious area requirements.
Vice-Mayor Bertino suggested using an alternative surfacing on the outer portion of the parking
spaces that would be pervious like the brick used with some developments. Mr. Rodriguez
mentioned "interlocking pavers" and "grass crete" products that allow grass to grow through
them or gravel to be added in a controlled manner and he had no objection to using the
products in back walkways since they are being used on the pool deck and outdoor dining area.
Mr. Leeds pointed out that the Zoning Code does not allow "paver block" or"grass crete" to be
used to calculate pervious area and that a separate variance would be needed, unless the
material is added as a condition. Commissioner Etling described a new type of pervious
material as an open plastic web that is placed on gravel with grass planted on top with the
strength to hold large trucks. Mr. Tesaro, City's Landscape Consultant, suggested installing 5"
de-curbing bumpers on the parking spaces for additional grass so that the material would not
have to be used. Mr. Leeds had no objection to "making up" the deficiency in pervious area by
converting the rear two feet of all parking spaces along the perimeter to grass or the pervious
beehive material described by Commissioner Etling.
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
Etling, adopting the resolution approving VA-23-00 with the following conditions:
1) Backflow on 4" water service line to be provided;
2) Dedication of 25 foot right-of-way (east portion) on SW 18tn Avenue;
3) Prior to issuance of a building permit, construct and modify the existing SW 18cn
Avenue/Stirling Road traffic signal to provide an eastbound left turn signal phase onto SW18tn
Avenue by demonstrating compliance with one of the following:
a) obtain FDOT permit for the modification of the existing traffic, or
b) obtain FDOT authorization to modify the existing traffic signal, or
c) provide confirmation from FDOT that a permit has been obtained.
4) Prior to obtaining building permit, applicant to provide a cash bond to construct the east
portion of SW 18tn Avenue (based on a 24 foot cross section) and future meandering sidewalk
on the east side of 18tn Avenue;
5) Applicant to pay approximately $13,061.00 (prior to issuance of a building permit) into the
City Landscape Trust Fund for those trees which cannot be preserved or relocated on-site;
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CITY OF DANIA BEACH
6) The City's 30% pervious area requirement shall be met with enhancement of the perimeter
• areas using either a beehive material or grass areas;
7) There shall be no identification or placement of any signs on the construction drawings and
all signs for the project shall be permitted separately;
8) The applicant agrees to contribute $30,000.00 towards moving the historic Parker House or
$45,000.00 to the City's Historic Preservation Fund if the City of Dania Beach decides not to
relocate the historic Parker House from the site.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
(B) SP-17-00— Site plan request by Robert I. MacLaren of Osborne & Osborne, PA, representing Nick
Economos, President of Coed-Economos Properties, Inc., for property located north of Stirling Road on
the east side of SW 18tn Avenue and south of SW 1st Street, Dania Beach. The request is for the
development of a 156 room "Hilton Gardens".hotel facility on approximately 2.9269 acres.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY ROBERT I. MACLAREN, OSBORNE & OSBORNE, PA, REPRESENTING
THE OWNER NICK ECONOMOS, PRESIDENT COED-ECONOMOS PROPERTIES, INC., FOR
PROPERTY LOCATED NORTH OF STIRLING ROAD, ON THE EAST SIDE OF SW 18TH AVE., AND
SOUTH OF SW 1ST STREET (HILTON GARDENS AT STIRLING RD. PLAT), DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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 Etling, seconded by Commissioner Mikes, adopting the
resolution approving SP-17-00 with the following conditions:
1) Backflow on 4" water service line to be provided;
2) Dedication of 25 foot right-of-way (east portion) on SW 18tn Avenue;
3) Prior to issuance of a building permit, construct and modify the existing SW 18tn
Avenue/Stirling Road traffic signal to provide an eastbound left turn signal phase onto SW18cn
Avenue by demonstrating compliance with one of the following:
a) obtain FDOT permit for the modification of the existing traffic, or
b) obtain FDOT authorization to modify the existing traffic signal, or
c) provide confirmation from FDOT that a permit has been obtained.
4) Prior to obtaining building permit, applicant to provide a cash bond to construct the east
portion of SW 18tn Avenue (based on a 24 foot cross section) and future meandering sidewalk
on the east side of 18tn Avenue;
5) Applicant to pay approximately $13,061.00 (prior to issuance of a building permit) into the
City Landscape Trust Fund for those trees which cannot be preserved or relocated on-site;
6) The City's 30% pervious area requirement shall be met with enhancement of the perimeter
areas using either a beehive material or grass areas;
7) There shall be no identification or placement of any signs on the construction drawings and
all signs for the project shall be permitted separately;
8) The applicant agrees to contribute $30,000.00 towards moving the historic Parker House or
$45,000.00 to the City's Historic Preservation Fund if the City of Dania Beach decides not to
• relocate the historic Parker House from the site.
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CITY OF DANIA BEACH
The motion passed on the following 3/0 roll call vote as Vice-Mayor Bertino was out of the room
• and Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes—yes
Mayor McElyea-yes
8.7 SP-02-00 — Site plan request by Jeff Falkanger, representing Stirling Business Park, for the
construction of two buildings, 29,380 square feet each, for light industrial and warehousing uses for
property located at 1155 SW 1st Street.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY JEFF FALKANGER, ARCHITECT REPRESENTING LEO LANDAU,
PROPERTY OWNER, FOR PROPERTY KNOWN AS STIRLING BUSINESS PARK, LOCATED AT
1155 SW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the site can be accessed from
Stirling Road, heading north on SW 12th Avenue to the Intersection of SW 12th Avenue and SW
1st Street. While SW 12th Avenue north of Stirling Road is a public street, it is frequently blocked
by tractor trailers loading and unloading at dock-high bays at the Stirling Industrial Park. Mr.
Leeds explained that the situation cannot continue if the subject parcels and other sites in the
area are to be developed. While subject parcel is potentially accessible from Dania Beach
Boulevard to the north and SW 1st Street to the east, however, staff does not support vehicular
access at these locations since it will allow industrial truck traffic through residential areas. Mr.
Leeds explained that after discussions with the Public Works Director and the Fire Marshal, staff
proposes that SW 12th Avenue, between SW 1st Street and Dania Beach Boulevard, be
constructed to public street specifications within approximately 25 feet of Dania Beach
Boulevard (the north 25 feet is intended to permit only emergency vehicle access). Mr. Leeds
advised that there would not be any pavement connecting West Dania Beach Boulevard to SW
12th Avenue or 1st Street. He identified letters dated June 12, 2000, from Jeff Falkanger,
Architect, that are signed and accepted by Ed Tarmey, Fire Marshal, and Bud Palm, Public
Works Director, for the record.
Mr. Leeds explained that the applicant has provided documentation that the property is zoned
IG. The applicant only meets 28.5% of the pervious area requirements and the City Commission
can either require the applicant to reduce the depth of the parking spaces along the perimeter
by 2 feet by installing grass and a 5" mountable curb, or, approve the 28.5% based on the nine
(9) additional trees that have been added to the landscape plan. Mr. Leeds explained that the
applicant is only required to install a five (5) foot landscaped area along the western property
line and he corrected his backup stating that the applicant has provided sufficient parking to
accommodate a building that is 10% office, 45% industrial and 45% warehouse. Discussion
followed on the amount of bond to be required for SW 12th Avenue and the additional conditions
added from the staff backup.
Robert Locherie, Esq., representing Jeff Falkanger, explained that the project will consist of two
light industrial warehouse buildings, roughly 29,000 square feet each, located on some 4 acres
of property at the northeast corner of SW 12th and 18t Street. Attorney Locherie advised that his
client agrees to using Stirling Road as an access point, provide a 70% bond for their portion of
improving SW 12th Avenue that would not include a connection to Dania Beach Boulevard,
complete their right-of-way at such time as the additional right-of-way needed for SW 12th
• Avenue is dedicated by the property owner to the west, install a wall on the north and east side
MINUTES 14 JUNE 27, 2000
CITY OF DANIA BEACH
of the property with landscaping on both sides. Attorney Locherie mentioned that his client is
• asking for 28.5% on the pervious area since they are increasing the number of trees and
landscaping by 25% and he agreed to the use of the beehive material mentioned by
Commissioner Etling.
Discussion followed on the hours of operation. Laurence Leeds expressed his concern for truck
traffic near the residential neighborhood and commented on the uses allowed in the IG zoning.
Mr. Lockerie advised that the concept for the site is more of a distribution office type used in
some of the new industrial parks and that his client would not object to a condition of closing all
doors in the evenings to reduce noise for the residents.
Mayor McElyea opened the public hearing.
Clinton Hill, property owner, supported the request and urged the completion of Dania Beach
Boulevard through to Bryan Road by constructing a four lane road with turn lanes.
Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Etling , seconded by Vice-Mayor Bertino, adopting the
resolution-approving SP-02-00 with the following conditions: 1) Roadway development plan as
Architect's correspondence dated June 12, 2000 and approved by the Fire Marshal and the
Public Works/Utilities Director; 2) Delete all signage from permit construction drawings
(separate permit required); 3) Site lighting shall not exceed 20 feet in height nor be directed
toward residential areas; 4) Prior to building permit, applicant to pay all outstanding recovery
fees; 5) applicant to provide a bond representing 70% of the cost of constructing a public road to
City specifications on SW 12 Avenue; 6) the access points on Dania Beach Boulevard and 1st
Street shall be limited to emergency access only as approved by the Fire Department.
The motion passed on the following 3/0 roll call vote as Commissioner Mikes was out of the
room and Commissioner Cali was absent:
Commissioner Etling —yes
Vice-Mayor Bertino —yes
Mayor McElyea-yes
(continued from 6/13/2000 regular meeting)
8.8 Request for amendment to approved site plan by Christine Kerr, representing Broward International
Commerce Center to allow a substitution of landscaping along the-south property line of the Ocean
Waterway Mobile Park for property located at 280 Bryan Road.
A RESOLUTION AMENDING THE SITE PLAN FOR BROWARD INTERNATIONAL COMMERCE
CENTER (BICC).TO ALLOW SUBSTITUTE LANDSCAPING ALONG THE NORTH PROPERTY LINE
ADJACENT TO OCEAN WATERWAY MOBILE HOME PARK; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the initial site plan for the Broward
International Commerce Center ("BICC") was approved with a continuous six foot ficus hedge
interspaced with shade trees adjacent to the Ocean Waterway Mobile Home Park. Due to
maintenance issues with the hedge, the applicant would like to replace them with Areca Palms.
The Areca Palms should provide almost 70 or 80% screening that was provided by the ficus
hedge and may reach six feet in height in two to three years. Mr. Leeds explained that the
MINUTES 15 JUNE 27, 2000
CITY OF DANIA BEACH
ownership of the trailer park pads is in the form of a Co-Op and that over 100 notices were sent
® out to residents. Mr. Leeds then read a letter from the President of the Co-Op stating their
approval of the change to Areca Palms.
Christine Kerr, Broward International Commerce Center, 280 Bryan Road, explained that a
number of the residents as well as the office manager of Ocean Waterway Trailer Park has
asked to remove the ficus hedge due to the ficus hedge being unruly and maintenance being a
problem because they were planted too close to the fence. The Areca Palms appear to be a
good replacement as long as they are planted 3 to 5 feet apart and the cost of maintenance is
about the same.
Mayor McElyea opened the public hearing.
Bill Hill, property owner, expressed support and mentioned his landscaping expertise.
Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Mikes , seconded by Commissioner Etling, adopting the
resolution approving the substitute landscaping.
The motion passed on the following 410 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
(continued from 6/13/2000 regular meeting)
�9 SE-58-98 — Request by Mr. Erik Rameson of Palace Entertainment, representing Festival Fun Parks,
for an extension of Special Exception (SE-58-98), approved January 12, 1999 by Resolution # 08-99,
for the construction of a Water Theme Park located at 1800 NW 1" Street directly to the west of the golf
course. The location of said Parcel is commonly known as Grand Prix Race-O-Rama.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A ONE YEAR EXTENSION TO
THE PREVIOUSLY APPROVED SPECIAL EXCEPTION (RESOLUTION 08-99, APPROVED ON
JANUARY 12, 1999) FOR A WATER THEME PARK LOCATED DIRECTLY WEST OF THE GOLF
COURSE (GRAND PRIX RACE-O-RAMA), PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA
BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the current Special Exception for
the water theme park expires July 121h. Mr. Leeds recommended approval of an 18 month
extension for the water park in its current location directly north and west of the roller coaster.
Attorney Ansbro clarified that the advertisement is for an extension of 12 months, not 18
months.
Alison Goodwin, Palace Entertainment representing Festival Fund Parks, advised that the roller
coaster is expected to open the middle to end of July, however, she was unable to respond to
Commissioner Mikes' questions regarding the hours of operation but agreed to provide
additional information or to send a representative to speak on the project.
•
MINUTES 16 JUNE 27, 2000
CITY OF DANIA BEACH
Mayor McElyea opened the public hearing. Hearing no one further comments, Mayor McElyea
closed the public hearing.
A motion was made by-Vice-Mayor Bertino , seconded by Commissioner Etling, adopting the
resolution extending the Special Exception (SE-58-98) for 12 months from July 12, 2000.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.10 ZA-005-00 — Zoning appeal request by Thomas E. Doan from the decision made by the Growth
Management Director on May 16, 2000, where it was determined that the storage and parking of
commercial-limousines in a residential, single-family (RS-6000) zoned district is not a permitted use
under Chapter 28, Section 4.20, Schedule of Use Regulations. Property located at 205 SE 3rd Avenue,
Dania Beach,
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL
REQUEST SUBMITTED BY THOMAS DOAN, FOR PROPERTY LOCATED AT 205 SE 3RD AVENUE,
DANIA BEACH; PROVIDING. FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Laurence Leeds, Growth Management Director, advised that a complaint was received about a
stretch limousine being parked in the back yard of a house at 205 SE 3 Avenue. When Code
staff contacted the City Attorney about the complaint, it was determined that the limousine had
plates registered with a commercial enterprise in Metro-Dade County. It was then determined
that the operation of the vehicle was a business and operation of a business is prohibited in
residential area unless the business receives a home occupational license. Mr. Leeds explained
that there is no precedent established for dealing with stretch limousines. The City cannot
determine if the cars are registered with businesses because there is no lettering on the car or
special plates. Mr. Leeds stated that it is a policy decision to allow these types of vehicles in
residential areas and that he recommends three (3) conditions be added if the zoning appeal is
approved.
Mayor McElyea opened the public hearing.
Ralph Eddy, 150 SE 3 Avenue, Hugo Renda, 230 SE 2 Street,.and Jeff Desowski, 238 SE 2
Street, spoke in favor of the zoning appeal.
Hearing no further comments, Mayor McElyea closed the public hearing.
The City Commission generally agreed to review each request for stretch limousines on a case
by case.basis. City Manager Smith confirmed with Mr. Doan that his limousine business is
based out of Aventura, Florida and that an occupational license is not needed for Dania Beach.
A motion was made by Commissioner Etling , seconded by Vice-Mayor Bertino, adopting the
resolution approving the zoning appeal (ZA-005-00) for Thomas E. Doan permitting his stretch
limousine with the following conditions: 1) permitted only in rear yards having alley access
(vehicles prohibited in front yard or exterior side yard); 2) permitted only in paved driveway
areas (only one stretch limousine permitted per single family or duplex zoned parcel; stretch
"cab" trucks prohibited); 3) must be setback at least 5' from the alley right-of-way line.
MINUTES 17 JUNE 27, 2000
CITY OF DANIA BEACH
® The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
ITEM 10 WAS HEARD AFTER ITEM 8.10.
Item 8.11 was heard after Item 8.4
8.11 VC-31-00 — Request by Ronald Mastriana, Esq., for Sportsman Park Development to vacate the
waterline easements which were dedicated for the specific purpose of "the operation and maintenance
of underground waterlines" and which are no longer necessary. Property located at 200 Gulfstream
Road.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
VACATING CERTAIN WATERLINE UTILITY EASEMENTS LEGALLY DESCRIBED AS: ALL THAT
PORTION OF THE 20' WATER LINE EASEMENT LYING WITHIN PARCEL "A" OF THE NCL PLAT,
PLAT BOOK 150 PAGE 50; 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.
Bud Palm, Utilities Director, explained that the water lines for this property were dedicated back
when Lone Star owned the property. Bass Pro removed all of the water lines because nothing
fit and new lines,had to be installed. Mr. Palm confirmed that the vacation provides the City with
the proper easements for water and sewer lines for the Bass Pro property and that there is
nothing further needed for emergency access.
Laurence Leeds, Growth Management Director, clarified that there is a second request for
vacation of an old railroad easement attached to this item. If the City decides to include the
railroad easement, he recommended that it be subject to the City Attorney's evaluation of the
FDOT (Florida Department of Transportation) waiver included in the backup. Mr. Leeds advised
that the City does not have any jurisdiction over railway easements, but Broward County will not
consider the vacation without the City's approval.
Stephen Hoffman, Mastriana & Christianson, P.A., explained that both easements appear on
the NCL Plat and in order to clear the property of these easements, the vacation process must
be followed with the City and Broward County.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, amending the
resolution by including,-the vacation of an old railroad easement subject to the City Attorney's
evaluation of the FDOT (Florida Department of Transportation) waiver.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
MINUTES 18 JUNE 27, 2000
CITY OF DANIA BEACH
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
® resolution as amended.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Item 8.1 was heard after Item 8.11.
9. CITIZENS' COMMENTS: None
10. COMMISSION COMMENTS
10.1 Commissioner Cali- absent
10.2 Commissioner Etling wished everyone a Happy 4th of July.
10.3 Commissioner Mikes thanked Governor Jeb Bush for his support of the Turn Around
Dania Beach organization by his participation in a City march that was conducted on June 19th
while he visited the City.
Commissioner Mikes asked that Code Enforcement check into the problem of people parking
automobiles with 4-sale signs along Griffin Road near the old Trails End Trailer Park area, along
Sheridan Street and Dixie Highway, and Federal Highway near the Clay Shaw property.
• 10.4 Vice-Mayor Bertino wished everyone a Happy 4th of July.
10.5 Mayor McElyea was pleased to report that the City auction was a success on June 17th
that disposed of several surplus items and he mentioned that the trash situation with BFI will be
discussed under Item #11.7.
City Attorney Ansbro advised Mayor McElyea that the proposed lease with Tarpon Bend,
successful bidder for the Pier restaurant, has been sent to their attorney last week and that an
agreement should be reached soon.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Request by Memorial Healthcare System for permission to erect 40' x 100' tent in the parking lot at 140
Federal Highway for July 7th and 8th for the opening of the new Primary Care Center. (Staff)
Jerilyn O'Neil, Director of Community Relations, Memorial Healthcare System, advised that they
would be hosting a community health fair on Saturday, July 8th between 10:00 a.m. and 2:00
p.m. She requested approval to erect a tent the afternoon of July 7th and all day July 8thfor the
opening of the Primary Care Center located at 140 Federal Highway.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, approving the
tent request.
The motion passed on the following 3/0 roll call vote as Vice-Mayor Bertino was out of the room
• and Commissioner Cali was absent:
MINUTES 19 JUNE 27, 2000
CITY OF DANIA BEACH
® Commissioner Etling —yes Commissioner Mikes-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
11.2 Discussion of Dania Beach Housing Authority's policy on leases. (Commissioner Mikes)
Due to the lateness of the hour, Commissioner Mikes continued the item to the next meeting of
July 11th and asked that the agenda item reflect discussion of general rental property leases
within the City.
11.3 Discussion of City's dog and animal code policies. (Commissioner Mikes)
Commissioner Mikes expressed concern that the City's Code does not include some type of
limitation on the number of dogs or animals that residents are allowed to have for pets or
regulations on vicious animals for the safety of residents and children in the community. He
suggested that the size of the property and the adjoining properties be considered when
determining the number of animals allowed.
Laurence Leeds, Growth Management Director, acknowledged a previous "draft" animal control
ordinance limiting the number of domestic animals to four (4) dogs and/or cats over the age of
five months.
The City Commission generally agreed to prepare an amendment that will limit the number of
animals to three (3) per household and to use model ordinances from surrounding cities.
�1.4 Discussion of Hollywood's PAC (Political Action Committee) and annexation. (Commissioner Mikes)
Commissioner Mikes asked for input from the City Commission on whether a response is in
order in regards to the recently established PAC (Political Action Committee) by the City of
Hollywood and the annexation referendum coming up in November.
City Attorney Ansbro advised that this type of committee can be established for informational
materials designed to educate the process, but not for promoting the annexation issue. These
committees are created by the community, not the City Commission, and all money dedicated to
such a fund must be registered with the state and purely designed for promotional printing of
brochures and such.
11.5 Discussion of proposed Charter changes. (Staff)
City Manager Smith requested input and direction from the City Commission on the proposed
referendum ordinance that is being prepared by City Attorney Ansbro at the request of
Commissioner Mikes since staff is being asked to send a letter to the Supervisor of Elections
requesting space on the ballot for November.
Commissioner Mikes disagreed with City Manager Smith's actions to block, edit or interfere with
the work of an elected official when they have the right to request that the City Attorney prepare
ordinances or resolutions. City Manager Smith clarified that he has not stopped any work that
City Attorney Ansbro is doing in regards to the referendum ordinance and that he is only trying
to obtain input from the City Commission.
MINUTES 20 JUNE 27, 2000
CITY OF DANIA BEACH
City Attorney Ansbro advised that he is working on the ordinance for Commissioner Mikes and
® that it is a fairly detailed ordinance in regards to staggered term limits and that he has had no
communications with City Manager Smith on the issue. Attorney Ansbro agreed that each City
Commissioner has the right to request this type of ordinance and that he spoke with the
Supervisor of Elections office and was told that a letter is needed from the City asking to reserve
space on the upcoming election ballot in November.
Commissioner Mikes stated that the City Commission does not report to the City Manager in
regards to costs associated with preparing legislative items. City Attorney Ansbro agreed and
advised that the ordinance would be ready at the next meeting for discussion and first reading.
11.6 Discussion of Feasibility Study for City Police Force. (Mayor McElyea)
Mayor McElyea mentioned the positive discussions with representatives from BSO recently and
his support of Chief Robert Anton. Discussion followed on Mayor McElyea's efforts to reduce
crime by marching with the Turn Around Dania Beach organization and his actions to assist his
daughter with evicting a tenant recently. Mayor McElyea was not pleased with the attitude of
one of the BSO deputies who came out to investigate the matter and he believed that BSO
should take action to reprimand the officer.
11.7 Discussion of Feasibility Study for City-operated garbage/trash service. (Mayor McElyea)
Mayor McElyea expressed his dissatisfaction with the trash services being provided by BFI and
mentioned that the City Commission took action to place them on notice at the last meeting.
Mayor McElyea understood that there was confusion with several people giving direction to BFI
• but stressed the need for BFI to follow the contract or amend the contract if problems continue.
Commissioner Etling mentioned that there have been continuous problems with the trash
service pickup and that something must be done to resolve the issues.
Dan Pavone, BFI, mentioned that his staff tried to follow the contract but there was confusion
from the beginning about where the trash was supposed to be picked up. Another issue arose
when people were using their old containers along with the new containers and then BFI tried to
throw the old containers away. Mr. Pavone mentioned that a meeting was held yesterday with
several members of his staff and the City and he was hopeful most of the issues were resolved.
Commissioner Etling stressed the need for BFI to refrain from picking up trash in plastic bags so
that residents will stop placing trash out in this manner.
City Manager Smith mentioned that more education is needed with the public as notices and
information in the newsletter are not being read by residents.
Vice-Mayor Bertino mentioned that residents from Oakbridge Condominiums on Griffin Road
were very dissatisfied with BFI and that BFI has had over a year to resolve trash problems.
Commissioner Mikes recommended that any further steps by the City Commission go through
the City Attorney.
Mr. Pavone apologized for the problems and expressed a desire to do a better job of picking up
the trash for the City.
MINUTES 21 JUNE 27, 2000
CITY OF DANIA BEACH
12. APPOINTMENTS(see item 12.5)
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 members to the Marine Advisory Board.
12.4 Appointment of 2 members to the Occupational License Review Advisory Board.
12.5 Appointment of 5 member to Parks, Recreation and Community Affairs Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF FIVE
(5) MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID
MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Mayor McElyea appointed Fran Ragusa.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting a
resolution appointing Fran Ragusa.
The motion passed on the following 4/0 roll call vote as Commissioner Cali was absent:
Commissioner Etling —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
12.6 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service
Board.
�. ADMINISTRATIVE REPORTS
13.1 City Manager Smith reminded the City Commission that July 14, 2000, 9:00 A.M. is the Budget
Workshop and that the budget is expected to be distributed a week in advance.
Mr. Smith reported that Florida Atlantic University, Florida Department of Transportation,
Broward Sheriff's Office and the City will be sponsoring a forum on July 26 from 8:00 a.m. to 12
noon at the City Hall Conference Room called "Walk Florida" in an effort to improve walk ability
in the community. The program is sponsored by a grant from FDOT.
City Manager Smith thanked the New Times publication for naming Dania Beach as the Best
Beach in South Florida.
The BSO Community Policing Unit has been moved from the Nyberg/Swanson House to the
Center for Success at Charlie Will Thomas Park since YMCA will not be using the entire trailer.
This new space will provide the officers with immediate office space and communications and
telephone equipment; BSO will be patrolling regularly so the change should also provide a
deterrent to crime in the area.
Commissioner Etling requested that the gate be removed in the upstairs at the Nyberg/Swanson
House. City Manager Smith reminded the City Commission about the lack of security for
exhibits once the gate is removed. The City Commission generally agreed that there should be
someone present during business hours or that the exhibits could be placed in locked glass
cases for security.
MINUTES 22 JUNE 27, 2000
CITY OF DANIA BEACH
13.2 City Attorney Ansbro advised that the Supreme Court has issued a ruling on the FPL substation
litigation. The case has been sent back down to the Circuit Judge to review the record and determine
simply whether the City Commission's decision was supported by competent substantial evidence
relating to the Special Exception that was denied. City Attorney Ansbro recommended that the City
Commission not discuss the matter with anyone until the mandate from the court is received.
City Attorney Ansbro expected to be receiving service of a lawsuit with respect to the Copa
Nightclub that is located at the extreme northern portion of the City on Federal Highway. The
nightclub was annexed into the City in 1996. They are challenging the City's actions to enforce
the sale of alcoholic beverages in accordance with the Code, which allows service up to 3:00
a.m. unless the extended hours license is obtained up to 4:00 a.m. The Copa has been selling
alcoholic beverages up to 6:00 a.m. for a long time.
Attorney Client sessions were requested for the Ulbrich and Bruckner lawsuits for 7:00 p.m. and
7:15 p.m., respectively, prior to the regular meeting on July 11th.
14. ADJOURNMENT
This meeting adjourned at 12:10 a.m.
Q MAYOR-C6MMISSI09ER
ACTING CITY CLERK
• Respectfully submitted:
Charlene Johnson
Deputy City Clerk
APPROVED BY CITY COMMISSION: AUGUST 22, 2000
MINUTES 23 JUNE 27, 2000
CITY OF DANIA BEACH