HomeMy WebLinkAbout2000-07-25 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
J U LY 25, 2000
1. Mayor McElyea called the meeting to order at 7:35 p.m.
2. Invocation and Pledge of Allegiance
The invocation was given by Reverend Margaret Smart, Vitas Hospice Care
3. Roll Call
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
4. PRESENTATIONS:
4.1 Presentation of outstanding employee award.
City Manager Smith recognized general employee Leo Williams, Public Works/Utilities
Supervisor, for his professional dedication and customer service to the citizens of the City
of Dania Beach. Mr. Williams was presented an award for"Outstanding Achievement" for
July 2000.
Chief Anton, BSO, introduced Lt. David Rahinsky who replaced Lt. Bob Drago who was
promoted to Captain for the City of Pompano Beach.
Chief Anton also reminded the public that "Night Out on Crime" would be held on August 1,
2000, and about the "Auto Theft Club" giveaways.
5. PROCLAMATIONS:
5.1 Proclamation declaring August 12, 2000, as Lauren and Mary Smith's Golden
Anniversary Day in the City of Dania Beach.
5.2 Proclamation acknowledging July 15, 2000, as Rudy & Rose Rigo's Golden
Anniversary Day in the City of Dania Beach.
City Manager Smith read the above proclamations and Mayor McElyea made the
presentations.
MINUTES — CITY OF DANIA BEACH 1 JULY 25, 2000
ITEM 6.7 WAS PULLED FROM THE CONSENT AGENDA
6. CONSENT AGENDA (INCLUDING EXPENDITURES):
Bills:
6.1 Approval of bills for the month of June, 2000.
Minutes:
6.2 Approval of minutes for Budget Workshop, July 14, 2000.
Resolutions:
6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE
CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2000; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA
BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR
. SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY OF
DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000;
DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A
PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF;
AND PROVIDING AN EFFECTIVE DATE.
6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE
CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2000; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.
6.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, SUPPORTING A REVERSAL OF THE STATE'S RECENT BUDGET CUT
IN FUNDING FOR THE DEPARTMENT OF JUVENILE JUSTICE PROGRAM;
PROVIDING FOR CONFLICTS; FURTHER,. PROVIDING FOR AN EFFECTIVE
DATE.
MINUTES —CITY OF DANIA BEACH 2 JULY 25, 2000
Ordinances —Title to be read by City Attorney
6.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY DAVID S. PEARL SR., OWNER OF "UNIWELD
PRODUCTS, INC", FOR PROPERTY LOCATED AT 2850 RAVENSWOOD ROAD,
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 BROWARD COUNTY M-2 INDUSTRIAL TO THE CLASSIFICATION OF
CITY OF DANIA BEACH I-G (INDUSTRIAL GENERAL) SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
6.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY HENRY GRAHAM, DIRECTOR, LIBERIA ECONOMIC &
SOCIAL DEVELOPMENT, INC., (LES) FOR PROPERTY LOCATED AT THE
CORNER OF SHERIDAN STREET AND SW 12TH AVENUE, 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 FROM RM-2 (RESIDENTIAL) TO C-2
(COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT
TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
6.10 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "BRYAN
ROAD WAREHOUSE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY
OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT
OF "BRYAN ROAD WAREHOUSE"; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the titles of the above ordinances.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve the Consent Agenda with the exception of Item 6.7. The motion passed on
the following 5/0 roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
ITEMS PULLED FROM CONSENT AGENDA
6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
EXECUTION OF A RECOGNITION AGREEMENT AMONG BANC OF AMERICA
COMMERCIAL FINANCE CORPORATION, HARBOUR TOWNE ASSOCIATES
AND THE CITY OF DANIA BEACH IN RELATION TO THE HARBOUR TOWNE
LEASE AGREEMENT AND ALL OF ITS MODIFICATIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES — CITY OF DANIA BEACH 3 JULY 25, 2000
• Commissioner Mikes felt that modification of a lease was the same as executing a
lease and should require a public hearing.
Elaine Cohen, Weiss, Serota & Helfman, explained that the document was a
recognition agreement with Harbour Towne Associates' lender, Southeast Bank,
which was previously entered into and was now being modified. She assured the
City Commission that it was not a modification to the lease.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, to
continue Item 6.7 to the regular meeting of August 8, 2000, with the understanding
that a Workshop be held, prior to the next regular meeting, to discuss the Harbour
Towne Lease. The motion passed on the following roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
ITEM 8.8 WAS HEARD AFTER ITEM 6.7
7. BIDS AND REQUESTS FOR PROPOSALS: NONE
8. PUBLIC HEARINGS
ITEM 8.1 WAS HEARD AFTER ITEM 8.8
• 8.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RATIFYING AND REAFFIRMING RESOLUTION NO. 2000-046, WHICH
AMENDED 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.
City Attorney Ansbro advised that a public hearing should have been heard before
adopting this particular resolution and that the resolution was placed back on the
agenda to afford citizens an opportunity to speak on the issue.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
amend the resolution by striking "prior to 4:00 p.m. on the second (2"d) and fourth
(4th) Mondays of each month" in the 3rd sentence of Section 9.1, and by inserting
the word "business" after the word "three" on the 2 d line of the 2"d page. The
motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
•
MINUTES— CITY OF DANIA BEACH 4 JULY 25, 2000
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 Mikes, to
adopt the resolution as amended. The motion passed on the following 5/0 roll call
vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
8.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
CHAPTER 6 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS
ENTITLED "BEACHES, PARKS AND RECREATION"; AMENDING THE CODE OF
ORDINANCES TO REVISE PARK AND BEACH HOURS, TO ALLOW A DESIGNEE
OF THE CITY MANAGER TO COMMAND ANY PERSON TO LEAVE THE
GROUNDS OR AREAS OF ANY PUBLIC PARK OR RECREATIONAL FACILITY,
TO PROHIBIT THE BRINGING OF ANIMALS TO PARKS, BEACH AREAS AND
PARKING AREAS; TO DESIGNATE PERMITTED ACTIVITIES ON CITY BEACHES;
TO PROVIDE DEFINITIONS FOR THE TERMS "BOAT' AND "BODY BOARDING",
RESPECTIVELY AND TO UPDATE PARKING RESTRICTIONS; CREATING
PROVISIONS GOVERNING LAUNCHING OF BOATS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
• City Attorney Ansbro read the ordinance title.
Commissioner Mikes requested that the word "dumb" be stricken from the second
page of the ordinance.
Commissioner Cali was not comfortable with a complete ban of animals from the
parks and felt that the City should establish some reasonable rules and regulations
that would allow animals in a specified area in the parks.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, to
continue second reading of the ordinance to the regular meeting of August 8, 2000.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali (out of room) Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA BEACH BY REPEALING EXISTING ARTICLE 27 "INDUSTRIAL-
RESEARCH-OFFICE-MARINE ([ROM) DISTRICT' AND REPLACING IT WITH A
NEW ARTICLE 27, "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)
DISTRICT', INCLUDING AMENDMENTS TO DISTRICT PURPOSE, PERMITTED
USES, PROHIBITED USES, SPECIAL EXCEPTION USES, REQUIRED
MINUTES—CITY OF DANIA BEACH 5 JULY 25, 2000
CONDITIONS, AREA REQUIREMENTS, AND APPROVAL OF SITE
DEVELOPMENT PLAN; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the ordinance title. He advised that this was a quasi-
judicial hearing and all disclosures should be made by the City Commission.
Commissioner Etling advised that he had a brief generic conversation with an
attorney as well as representatives of Uniweld regarding this issue.
Commissioner Cali advised that he had conversations with many representatives of
affected property owners as well as representatives of Uniweld regarding this issue.
Commissioner Mikes and Mayor McElyea advised that they had conversation with
representatives of Uniweld regarding this issue.
Vice-Mayor Bertino advised that he had conversation with representatives of
Uniweld and Attorney Wilson Atkinson regarding this issue.
Laurence Leeds, Growth Management Director, advised that the IROM zoning
district was created in 1998 and was intended to be a general-purpose zoning
district for industrial lands annexed to the western portions of Dania Beach since
the 1970s. The IROM zoning district was also intended to support marine industry
uses. The proposed ordinance would allow property owners more uses and
flexibility in site design. Mr. Leeds recommended that the moratorium not be
extended and recommended approval of the ordinance on first reading.
Mayor McElyea opened the public hearing.
Elizabeth Matte, Broward County Aviation Department, expressed concern about
the ordinance with regard to permitted uses such as governmental facilities and
ground transportation facilities. Mr. Leeds was concerned about including a
provision that would allow ancillary airport activities, i.e. park-n-fly parking lot or
rental car storage and Broward County facilities. Mr. Leeds felt that it would create
a market for someone wishing to sell land, because the buyer would become
Broward County. He made the comment that the airport had already determined
their expansion areas in the inter-local agreement and was not comfortable with
including it in the City of Dania Beach Code.
Dave Reicht, 2221 SW 42nd Street, asked if his property was located within the
proposed IROM zoning district. Mr. Leeds advised Mr. Reicht that his property was
not within the IROM zoning district. Mr. Reicht was concerned that he would not be
able to use his property for the purpose for which he bought it.
Attorney Bill Spencer, representing owners of Tigertail Park, expressed concern
• over non-conforming uses, consistency with the County Land Use Plan, parking,
MINUTES— CITY OF DANIA BEACH 6 JULY 25, 2000
inside storage of recreational vehicles, leasing and rental of vehicles and
architectural standards.
Michelle Millgram, Certified Planner, expressed concern over non-conforming uses
because property owners would have a hard time seeking financing. She also
expressed concern over parking standards. She requested that the ordinance be
discussed at a workshop meeting with city staff and representatives for the affected
property owners for fine tuning prior to approval.
Attorney Manny Garcia, representing Tigertail Lakes Warehouse Limited, felt that
"grandfather" language be engrafted into the ordinance because of concerns he
had with regard to its application becoming castigatory to his client's property,
particularly in the event of a catastrophe of one of the buildings in the complex. Mr.
Garcia was of the opinion that the architectural standards were somewhat vague
and applicable on an ad-hoc basis and should be resolved prior to approval. He
also asked that the ordinance be deferred to a workshop meeting.
MAYOR MC ELYEA STOPPED THE MEETING FOR A SHORT BREAK AT THIS TIME. THE
RECORDING TAPE WAS STOPPED AND THEN TURNED BACK ON, HOWEVER NOTHING
WAS RECORDED ON THE REMAINDER OF TAPE 2, SIDE B.
Attorney Beth Ann Krimsky, Ruden-McCloskey, representing Russell Engineering,
Inc., requested confirmation that she be able to present evidence in a quasi-judicial
context to support her client's position as well as potentially cross-examining any
• evidence presented by the City or the Planning & Zoning Board. City Attorney
Ansbro advised that she would be afforded that opportunity at the next public
hearing when the ordinance is addressed on second reading.
Attorney Lochrie, Ruden-McCloskey, also representing Russell Engineering, Inc.,
expressed concerns with regard to permitted uses, and setback requirements. Mr.
Lochrie advised that all uses existing on the Russell Engineering site were
permitted in the existing M2 zoning district and would be prohibited under the
proposed IROM zoning district.
Hearing no further comment, Mayor McElyea closed the public hearing.
In order that the City be subject to the same restrictions as any property owner,
Commissioner Etling suggested that the words "maintenance facilities" be stricken
from page 3, section (i); that the words "and motels" be stricken after the word
"hotels" on page 5, section (v) (1); that two sections be added on page 7 under
"Prohibited Uses" - "(ee) Delivery Services as a Principal Use" and "(ff)" Adult
Entertainment"; that section "(a) Delivery Services" be stricken in its entirety in
Section 27.40 on page 8; and that "Entertainment Use" in subsection "(d)" be
changed to read "Entertainment uses not to include adult entertainment."; Page 11,
#3, add the words "but in no case shall be less than 10 feet" at the end of the last
sentence in the second paragraph, which would provide for a 20 foot separation
. between buildings on separate parcels; strike the word "signs" on page 12,
MINUTES —CITY OF DANIA BEACH 7 JULY 25, 2000
subsection "(d) Requirements for Site Development Plan" #6, because it was
® covered under a separate article of the City's zoning code.
Commissioner Mikes suggested that "container storage" be added as a prohibited
use.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, to
amend the ordinance by striking the word "maintenance" in the second sentence on
page 3, section (i); by striking the words "and motels" after "hotels" on page 5,
section (v) (1); by adding the following new sections on page 7 under "Prohibited
Uses" - "(ee) Delivery Services as a Principal Use", "(ff) Adult Entertainment" and
"(gg) Container Storage"; by striking subsection (a) in its entirety on page 8, Section
27.40 and changing subsection "(d)" to "(c)" to read "Entertainment uses but not to
include Adult Entertainment uses", by adding "but in no case shall be less than 10
feet" to the end of the last sentence in the second paragraph of#3, page 11, and by
striking "signs" in subsection (d) #6 on page 12. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to
® adopt the ordinance, on first reading, as amended. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
8.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA BEACH BY CREATING ARTICLE 30, "INDUSTRIAL-RESEARCH-OFFICE-
COMMERCIAL (IROC) DISTRICT", INCLUDING PROVISIONS FOR THE DISTRICT
PURPOSE, PERMITTED USES, PROHIBITED USES, SPECIAL EXCEPTION
USES, REQUIRED CONDITIONS, AREA REQUIREMENTS AND APPROVAL OF
SITE DEVELOPMENT PLAN; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the ordinance title:
Laurence Leeds, Growth Management Director, advised that the proposed
ordinance would create a new IROC zoning district, which would address an area
that had a concentration of existing commercial activities. Mr. Leeds recommended
approval of the ordinance.
•
MINUTES — CITY OF DANIA BEACH 8 JULY 25, 2000
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 Vice-Mayor Bertino, to
amend the ordinance by striking "and motels" after "hotels" in paragraph (z) (1) and
(2), page 7; by adding the following new sections on page 9 - "(gg) Delivery
Services as a Principal Use"; "(hh) Adult Entertainment"; and "(ii) Container
Storage"; by striking subsection "(a)" in its entirety in Section 30.40 on page 10 and
changing paragraph "(d)" to "(c)" to read "not to include adult entertainment uses".
The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling —yes Mayor McElyea — yes
Commissioner Mikes - yes
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, to
adopt the ordinance on first reading as amended. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
• A staff workshop meeting was scheduled for August 1, 2000, at 6:00 p.m. with all
effected parties and would be advertised as a public meeting.
8.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
ZONING MAP TO REZONE CERTAIN PROPERTY IN THE CITY OF DANIA
BEACH IN CONFORMANCE WITH THE ZONING DESIGNATION OF
"INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL" ("IROC") DESIGNATION;
AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTY IN THE CITY
OF DANIA BEACH IN CONFORMANCE WITH THE ZONING DESIGNATION OF
"INDUSTRIAL-RESEARCH-OFFICE-MARINE" ("IROM") DESIGNATION;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the ordinance title.
Laurence Leeds, Growth Management Director, advised that this ordinance would
rezone the properties designated in the IROM and IROC zoning districts. Mr.
Leeds advised that the current County zoning in the affected area was over 25
years old and did not represent current planning practices. Mr. Leeds
recommended approval of the ordinance.
Mayor McElyea opened the public hearing.
•
MINUTES —CITY OF DANIA BEACH 9 JULY 25, 2000
James Neutz, business owner of 2251 Stirling Road, stated that this ordinance
would affect his business in an adverse way.
Hearing no further comment, the public hearing was closed.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to
adopt the ordinance on first reading as amended. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea —yes
Commissioner Mikes - yes
8.6 ZA-006-00 —Appeal from the decision of the Growth Management Director
that a Stealth Rooftop Communications Facility is not permitted in the
Broward County B-2 Zoning District. The proposed location is on a four-story
office building located at the northwest corner of Griffin Road and SW 32nd
Avenue. Appeal request is by Alan Gabriel, representing Nextel, Inc.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ZONING APPEAL REQUEST SUBMITTED BY ATTORNEY ALAN GABRIEL,
REPRESENTING NEXTEL SOUTH CORPORATION, FOR A STEALTH ROOFTOP
TELECOMMUNICATIONS FACILITY PROPOSED TO BE LOCATED AT 3201
GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the City's
telecommunications ordinance did not include the Broward County B-2 zoning
district and, therefore, the requested use would not be permitted. Mr. Leeds also
advised that "essential services" were permitted as a special exception use under
County zoning. However, the City had never made the determination that cellular
phone service was an "essential service" but the City does allow "essential
services" as a special exception use in every zoning district throughout the City,
including residential.
Attorney Alan Gabriel, representing Nextel Communications, presented pictures of
the building where the proposed antenna would be installed. Mr. Gabriel advised
that he had secured a letter from the Deputy County Attorney, which indicated that
this particular "essential service" under the Broward County Code, would be
permitted. He asked the City Commission to allow his client to apply for a special
exception.
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 Vice-Mayor Bertino, seconded by Commissioner Etling, to
adopt the resolution approving the zoning appeal (ZA-006-00) with the clarification
MINUTES—CITY OF DANIA BEACH 10 JULY 25, 2000
from staff that this zoning appeal would apply to this property only, and no other
zoning category, and that it would be considered a special exception use, not an
essential service.
The motion passed on the following 3/2 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — no
Commissioner Mikes - no
8.7 ZA-009-00 —Appeal from the decision of the Growth Management Director
that the Springhill Suites 100 ft. high, 400 square ft. pole sign (electronic
message board and box sign) is a prohibited sign and should be removed or
modified to conform to the Sign Code. Appeal request is by Michael Thomas,
representing Oakridge Hotel I, Ltd., for the Springhill Suites Hotel.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ZONING APPEAL REQUEST SUBMITTED BY MICHAEL THOMAS, OAKRIDGE
HOTEL I, LTD., FOR A POLE SIGN LOCATED ON PROPERTY WEST OF SW
18TH CT., EAST OF 1-95 AND NORTH OF STIRLING RD., DANIA BEACH ALSO
KNOW AS THE SPRINGHILL SUITES HOTEL PROPERTY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the existing sign did
not meet the City's Code, but was approved in November 1999 at the direction of
the previous Growth Management Director. Mr. Leeds advised that Mr. Thomas
was requesting an appeal of his decision that the sign was prohibited and also
requesting waiver of the $1,000.00 appeal fee. Mr. Leeds pointed out that the City
had incurred approximately $2,400.00 thus far to investigate and review this matter.
Mr. Leeds recommended that the appeal and waiver of the fee be denied.
Michael Thomas pointed out that a sign variance was not applied for because of the
prior granting of a height variance on the site and because the previous Growth
Management Director made the determination that it was not necessary.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition, the public hearing was closed.
Mr. Thomas offered to withdraw his request for waiver of the appeal fee.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, to
adopt the resolution approving the zoning appeal (ZA-009-00) with the
understanding that Mr. Thomas would provide the City advertising on the sign.
The motion passed on the following 3/2 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
MINUTES — CITY OF DANIA BEACH 11 JULY 25, 2000
Commissioner Etling — no Mayor McElyea — yes
Commissioner Mikes — no
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino to
extend the meeting to 12:45 a.m. The motion passed unanimously.
ITEM 8.8 WAS HEARD AFTER ITEM 6.7
8.8 VA-24-00 —Variance request by Tom Naylor for property located at 400
South Federal Highway, Dania Beach ("The Frost House") to add three feet to
an existing three foot fence in the front yard for a total of six feet where the
fence height is limited to four feet.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY TOM
NAYLOR, FOR PROPERTY LOCATED AT 400 SOUTH FEDERAL HIGHWAY,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro explained that this would be a quasi-judicial hearing and
advised that all disclosures should be made by the City Commission.
Mayor McElyea, Commissioner Cali, Commissioner Etling and Commissioner Mikes
all disclosed that they had conversations with the petitioner regarding this matter.
Mr. Tom Naylor and Laurence Leeds, Growth Management Director, were sworn in
by City Attorney Ansbro
Mr. Leeds advised that Mr. Naylor would like to conduct a small-scale aquaculture
business at this location and would like to install a six-foot metal picket fence in the.
front of the property and on the north side of the property. Mr. Leeds supported the
variance request.
Mr. Naylor was present to request approval of the variance.
Mayor McElyea opened the public hearing.
Glenda Kelly, Biologist, IGFA, spoke in favor of the request.
Hearing no other comment, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution approving the variance (VA-24-00).
The motion passed on the following 4/1 roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino - no
Commissioner Etling —yes Mayor McElyea —yes
Commissioner Mikes - yes
MINUTES —CITY OF DANIA BEACH 12 JULY 25, 2000
• ITEM 8.1 WAS HEARD AFTER ITEM 8.8
ITEM 8.9 WAS HEARD AFTER 8.7
8.9 VC-26-00 — Request by Calvin, Giordano & Associates, representing Kevin
Guthard, to vacate a 30-foot wide ingress/egress easement along the east
property line of Tract A, Swede Land (Sheridan 400 — Trafalgar Apartments).
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, VACATING CERTAIN PORTIONS OF THE 30 FOOT
INGRESS/EGRESS EASEMENT LOCATED ALONG THE EAST PROPERTY LINE
OF TRACT A, SWEDE LAND PLAT ALONG WITH THE VACATION OF A 10 FOOT
WIDE UTILITY EASEMENT WHICH RUNS NORTH AND SOUTH OF THE ENTIRE
SWEDE LAND PLAT ON THE EASTERN SIDE ADJACENT TO THE 30 FOOT
INGRESS/EGRESS EASEMENT, SUCH PROPERTY BEING LOCATED IN THE
CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS RESOLUTION; 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.
Laurence Leeds explained that the purpose of vacating the easement was to
provide an emergency access driveway on the site for fire apparatus.
• Kevin Guthard advised that he had received letters of"no objection" from all
affected utility companies.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition of the request Mayor McElyea closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
adopt the resolution approving the vacation request (VC-26-00) subject to the
following conditions:
1) Applicant to provide (prior to adoption of resolution) letter from an attorney,
professional engineer, or professional land surveyor indicating that the Publix
easement has not been vacated.
2) Applicant to provide (prior to adoption of resolution) documentation that a utility
easement be retained in the same location as the 30' road access easement.
3) Prior to issuance of a certificate of occupancy for Sheridan 400, Fire Rescue to
verify that emergency access driveway has been constructed at the location of
the Publix access easement.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino - yes
MINUTES —CITY OF DANIA BEACH 13 JULY 25, 2000
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
8.10 a) VA-06-00 —Variance request by William Duffy, representing Shell Oil, to
permit less than 15% window treatment along a secondary (east) elevation.
Request is for property located at the NW corner of Stirling Road and
"unimproved" SW 19th Court (located on the north side of Stirling Road, west
of 1-95).
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
WILLIAM DUFFEY, D.F. CONSULTANTS REPRESENTING MOTIVA
ENTERPRISES, LLC., FOR PROPERTY LOCATED AT NW CORNER OF
STIRLING ROAD AND "UNIMPROVED" SW 19TH COURT — LOCATED ON THE
NORTH SIDE OF STIRLING ROAD WEST OF 1-95; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds explained that the applicant was proposing to construct a Shell
gasoline station with a convenience food store and a drive-thru car wash at this
location.
William Duffy was present to request approval of the variance.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition of the variance request Mayor McElyea closed the public hearing.
® A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution approving the variance (VA-06-00) subject to the following
recommendations from staff and the Planning & Zoning Board:
1) Submission of the City Tree Trust Fund ($23,429) payment prior to issuance of
a building permit.
2) Construction of SW 19th Court abutting the site (to Public Works Department
specifications) prior to issuance of a Certificate of Occupancy.
3) Deletion of all signage from service station construction drawings (separate
sign permit required).
4) Tree #43 (Live Oak) to be relocated "on site".
5) Canopies to be revised to provide a pitched roof.
The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - no
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
MINUTES —CITY OF DANIA BEACH 14 JULY 25, 2000
b) SP-03-00 — Site plan request by William Duffy, representing Shell Oil, for a
service station, convenience store and car wash to be located at the NW corner
of Stirling Road and "unimproved" SW 19th Court (located on the north side of
Stirling Road, west of 1-95).
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY WILLIAM DUFFEY, D.F. CONSULTANTS
REPRESENTING MOTIVA ENTERPRISES, LLC., FOR PROPERTY LOCATED AT
NW CORNER OF STIRLING ROAD AND "UNIMPROVED" SW 19TH COURT —
LOCATED ON THE NORTH SIDE OF STIRLING ROAD WEST OF 1-95; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution approving the site plan (SP-03-00) subject to the following
recommendations from staff and the Planning & Zoning Board:
1) Submission of the City Tree Trust Fund ($23,429) payment prior to issuance of
a building permit.
2) Construction of SW 19th Court abutting the site (to Public Works Department
specifications) prior to issuance of a Certificate of Occupancy.
3) Deletion of all signage from service station construction drawings (separate
sign permit required).
4) Tree #43 (Live Oak) to be relocated "on site".
5) Canopies to be revised to provide a pitched roof.
The motion passed on the following 4/1 roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino - no
Commissioner Etling —yes Mayor McElyea — yes
Commissioner Mikes - yes
8.11 SP-65-99 — Request for reconsideration of site plan approval by Kevin Dillon,
Tanger Properties Limited Partnership, for the proposed construction of a
130,000 square foot facility for retail use, known as Tanger Outlet Shops, to
be located at approximately 200 Gulfstream Way, Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING
RESOLUTION NO. 252-99, ADOPTED DECEMBER 14, 1999, AND
SUBSTITUTING IN ITS PLACE A NEW RESOLUTION APPROVING A REVISED
SITE PLAN (SP-65-99) SUBJECT TO CERTAIN TERMS AND CONDITIONS, SUCH
SITE PLAN SUBMITTED BY KEVIN DILLON, TANGER PROPERTIES LIMITED
PARTNERSHIP, FOR PROPERTY LOCATED AT 200 GULFSTREAM WAY;
•
MINUTES — CITY OF DANIA BEACH 15 JULY 25, 2000
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
® PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the revised site plan
changed the stone treatment on the building and the landscaping with regard to the
number of trees.
Attorney Barbara Hall and Hoyt Holden, Calvin, Giordano Engineering, representing
Tanger Properties, explained that in response to comments from Commissioner
Mikes, Foxtail Palm trees were replaced with Royal Palm trees, however, because
a four-foot growth area was required for Royal Palms, the number of trees were
reduced on the landscape plan. Attorney Hall explained that the stone treatment
was not continued around the back of the building on the site plan because it would
be obscured by a landscape berm and because of the loading area.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition of the site plan Mayor McElyea closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution approving the revised site plan (SP-65-99), as submitted:
which reduces the number of Foxtail Palm trees, due to the addition of Royal Palm
trees along the building and in the traffic islands; which would not require the stone
work to be continued around the full backside of the building; and with the
• understanding that the petitioner agreed to add a color band, the same elevation as
the roof, continued around the backs of all the buildings, subject to staff review.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
9. CITIZENS' COMMENTS:
10. COMMISSION COMMENTS - NONE
11. DISCUSSION AND POSSIBLE ACTION
11.1 Request for abatement of CEB99-0341 Code Enforcement lien by Armand
and Virginia M. Romano for property located at 220 SE 9th Street, Dania
Beach.
Laurence Leeds, Growth Management Director, advised that after a hearing before
the Planning & Zoning Board, the Board recommended that the fine be abated
down to $1,500.00 because the property went through foreclosure and the lien was
extinguished.
is
MINUTES— CITY OF DANIA BEACH 16 JULY 25, 2000
• A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
accept the recommendation of the Planning & Zoning Board and abate the lien
down to $1,500.00. The motion passed on the following 5/0 vote:
Commissioner Cali —yes Vice-Mayor Bertino - yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
11.2 Discussion of establishing City Commission policy on method of accepting
Public comments and testimony during public hearings.
Item 11.2 was continued to the regular meeting of August 8, 2000.
Addendum Items:
11.3 Discussion of possible City program for HUD required tenant service.
Item 11.3 was continued to the regular meeting of August 8, 2000.
11.4 Discussion of City Charter changes.
Item 11.4 was continued to the regular meeting of August 8, 2000.
• 12. APPOINTMENTS- (NO APPOINTMENTS WERE SUBMITTED)
12.1 Appointment of 3 members to the Airport Advisory Board.
12.2 Appointment of 2 members to the Human Relations Board.
12.3 Appointment of 1 member to the Marine Advisory Board.
12.4 Appointment of 2 members to the Occupational License Review Advisory
Board.
12.5 Appointment of 4 members to the Parks, Recreation and Community Affairs
Advisory Board.
12.6 Appointment by Commission of one (1) alternate for citizen member to the
Civil Service Board.
13. ADMINISTRATIVE REPORTS
13.1 City Manager - none
13.2 City Attorney Ansbro requested authorization to file a counter claim in regard
to the Copa Nightclub Declaratory Judgment that had recently been
presented.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling,
authorizing City Attorney Ansbro to file a counter claim in regards to the Copa
MINUTES —CITY OF DANIA BEACH 17 JULY 25, 2000
Nightclub Declaratory Judgment that had recently been presented. The motion
passed unanimously.
City Attorney Ansbro advised that a check in the amount of $22,500.00 had been
received in the Ulbrick case.
The City Commission set September 13th as the Public Hearing date for the
Preliminary Budget and September 28th as the Public Hearing for the Final Budget.
Commissioner Cali requested that staff schedule a Budget Advisory Board meeting
prior to the first budget hearing.
14. ADJOURNMENT
This meeting adjourned at 12:55 a.m.
TT y:
MAYO - COMMISSIONER
CCLERK
Respectfully submitted by Nanci Denny
• Approved: March 26, 2002
MINUTES -CITY OF DANIA BEACH 18 JULY 25, 2000