HomeMy WebLinkAbout2000-08-22 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
AUGUST 22, 2000
1. CALL TO ORDER
Mayor McElyea called the meeting to order at 7:45 p.m. and advised the public that the meeting
was delayed due to the need to conduct an attorney/client session prior to the meeting.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
*Associate Pastor Isaac Miranda, Griffin Road Baptist Church
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: John Etling
Bob Mikes
City Attorney: Tom 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 Cali from this meeting. The motion carried.
4. PRESENTATIONS:
*U.S.S. Hoga
Harriet Divine, President of the Everglades Council of the U.S. Navy League, on behalf of the
USS Hoga Association, requested assistance from the City of Dania Beach to relocate the USS
Hoga, a firefighting tugboat and the only ship still afloat out of 100 ships at Pearl Harbor on
December 7, 1941. Ms. Divine advised that the Hoga has been designated as a historical
landmark and that Dick Kipp, FAU, has expressed support of moving the tugboat to the
Intracoastal dock at SeaTech.
The City Commission expressed their support and urged communication with FAU since Dania
Beach does not have control over the SeaTech site. Other concerns were presented on whether
there would be enough parking provided at SeaTech and whether the U.S. Navy could provide a
site for the ship.
MINUTES 1 AUGUST 22, 2000
REGULAR MEETING
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting a
® resolution expressing the City's support and desire to assist with bringing the U.S.S. Hoga to the
Intracoastal dock at SeaTech.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
*Turn Around Dania Beach (Sophie Steele)
Sophie Steele presented an "Extra Mile" award to the City Commission for its support of the
Turn Around Dania Beach crime fighting organization.
Vice-Mayor Bertino and Commissioner Mikes commended Sophie Steele for her efforts that
have made a success of the Turn Around Dania Beach organization and mentioned that
members from Turn Around America groups located throughout the country attended a
convention held at the Sheraton Hotel this past month . It was also mentioned that the City has
adopted some ordinances that have enhanced crime prevention efforts within the City.
5. PROCLAMATIONS:
5.1 Proclamation declaring the week of September 18-24, 2000 as "Pollution Prevention
Week" in the City of Dania Beach.
• City Manager Smith read the proclamation in its entirety.
6. CONSENT AGENDA (INCLUDING EXPENDITURES):
Bills:
6.1 Approval of bills for the month of July, 2000.
Minutes:
6.2 Approval of minutes for the January 26, 1999 regular meeting.
6.3 Approval of minutes for the June 27, 2000 regular meeting.
6.4 Approval of minutes for the August 1, 2000 workshop meeting.
6.5 Approval of minutes for the August 8, 2000 regular meeting.
Resolutions:
6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO EXTEND THE AMOUNT OF THE ORIGINAL CONTRACT
WITH WEEKLEY ASPHALT IN THE AMOUNT OF $70,000.00 FOR THE
COMPLETION OF IN-PROGRESS STREET RESURFACING PROJECTS, UNDER
THE CITY OF HOLLYWOOD, FLORIDA BID PROPOSAL NO. DDA-99-025
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN
• EFFECTIVE DATE. (STAFF)
MINUTES 2 AUGUST 22, 2000
REGULAR MEETING
• ORDINANCES: TITLE TO BE READ BY CITY ATTORNEY
6.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
ORDINANCE NO. 22-99 TO CORRECT A SCRIVENER'S ERROR, BY
REMOVING "VINYL SIGN FABRICATION AND SIGN PRINTING SHOPS" FROM
THE PERMITTED USES CATEGORY IN THE C-2 DISTRICT AND ADDING IT TO
THE SPECIAL EXCEPTION USES CATEGORY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
6.8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF A RECOGNITION AGREEMENT
AMONG THE CITY, BANC OF AMERICA COMMERCIAL FINANCE
CORPORATION AND HARBOUR TOWNE ASSOCIATES, PERTAINING TO A
PARCEL OF LAND LOCATED WITHIN THE AREA KNOWN AS HARBOUR
TOWNE MARINA MORE PARTICULARLY DESCRIBED IN THE RECOGNITION
AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE
RECOGNITION AGREEMENT BY THE APPROPRIATE CITY OFFICIALS;
PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
6.9 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "VETS
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 "VETS
PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (First Reading)
6.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY WILSON ATKINSON, PRESIDENT OF GRIFFIN
POINTE, INC., FOR PROPERTY LOCATED AT NORTH OF GRIFFIN RD., EAST
OF THE SHELDON MOBILE HOME PARK AND SOUTH OF SW 45TH ST., 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 8.9 ACRE PROPERTY FROM
BROWARD COUNTY R1-C (SINGLE FAMILY) AND B-2 (COMMERCIAL) TO THE
CLASSIFICATION OF CITY OF DANIA BEACH C-1 (LIMITED COMMERCIAL)
SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the Ordinance titles for Items 6.7, 6.8, 6.9 and 6.10 for first reading.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the
Consent Agenda.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
MINUTES 3 AUGUST 22, 2000
REGULAR MEETING
7. BIDS AND REQUESTS FOR PROPOSALS:
• 7.1 Recommendation by staff on awarding bid for fill placement at Dania Beach Grille to
Florida Metro Construction Co.
RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE BID
PROPOSAL SUBMITTED BY FLORIDA METRO CONSTRUCTION CO. AND
AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS
AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH FLORIDA METRO
CONSTRUCTION CO. FOR LABOR AND MATERIALS NECESSARY TO PUMP
FLOWABLE FILL INTO THE CRAWL SPACE BENEATH THE FLOOR OF THE
DANIA BEACH GRILLE BUILDING; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ken Koch, Building Official, recommended that the bid be awarded to Florida Metro
Construction Co. to pump flowable fill into the crawlspace,beneath the floor at Dania Beach Bar
& Grille. Mr. Koch advised that the floor would be secure and that this was the most cost
effective method to use in handling the problem.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the
resolution approving Florida Metro Construction for the project at Dania Beach Grille.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
• Vice-Mayor Bertino —yes Mayor McElyea-yes
Added discussion:
At this time, Commissioner Mikes requested an update from City Manager Smith on storm
preparations due to the possible threat from Hurricane Debby.
City Manager Smith reported that all actions are being taken for initial preparation, that a
conference call would be held with Broward County Emergency Preparedness tomorrow
morning, and that weather advisories are being monitored closely. He urged the public to
secure all large items in their yards, store debris inside, and not to trim trees at this point or
expect special pickups. City Manager Smith advised that waste can be brought to the Public
Works Compound at 1201 Stirling Road, but this would not include chemical materials.
Commissioner Mikes commented on the problems with BFI, City's garbage hauler, from
Hurricane Irene last October and stressed the need for staff to be available to answer calls at
City Hall before and after the storm.
At this time, Item 11.1 was addressed.
Item 8.1 was heard after Item 11.5.
MINUTES 4 AUGUST 22, 2000
REGULAR MEETING
8. PUBLIC HEARINGS
8.1 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; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2000; APPROVING THE RATE OF ASSESSMENT;
APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the resolution.
Commissioner Etling mentioned that his TRIM notice from the Broward County Property
Appraiser's Office did not show special assessment amounts. City Manager Smith advised that
a special notice was sent out separately to property owners on the special assessments.
Mayor McElyea opened the public hearing.
Ralph Eddy, 150 SE 3 Avenue, opposed the Fire Rescue assessments as calculated and was
dissatisfied that he has to pay $400 separately for emergency ambulance services to be
transported to Hollywood Memorial Hospital on top of his ad valorem taxes.
Chris Barile, 5099 SW 28 Avenue, owner of Ravenswood Paint & Body, 121 SE 1st Avenue,
opposed the method used to calculate the Fire Rescue special assessments and passed out
information from other cities showing lower assessment amounts for commercial properties
between 5,000 to 9,999 square feet. Mr. Barile advised that his building is 6,000 square feet
is and that he is being charged $1,467.00 this year, which is extremely high from last year's bill of
$541.75.
City Manager Smith explained that 30% of the cost to operate the City's Fire Department is
collected through Non-Ad Valorem Special Assessments and that the balance of the Fire
Department is funded by Ad Valorem taxes. The Fire Department provides high level
emergency care under a one-tier system under which the same paramedic that assists a citizen
with emergency medical needs also rides with that person to the hospital. He further explained
that citizens are usually reimbursed for the charges to be transported to the hospital by
insurance and that private haulers used to transport patients before Dania Beach went to a one-
tier system and the charges for the service are roughly the same.
City Manager Smith advised of a recent court decision that eliminated rescue call data from
being used in the method for calculating proportionate amounts for Fire special assessments.
The court decision created a significant increase in special assessments for commercial and
industrial properties since they are the properties with the highest fire call data and these
properties have not had to contribute their fair share since 1996. There is no increase in special
assessments for single family residences as the amount remains at $81.00 per year.
Vice-Mayor Bertino pointed out that there were many commercial properties designated as
schools or institutions that were exempted from paying ad valorem taxes and that these
categories of properties are now paying their fair share for services under the Special
Assessment programs.
• Fire Chief Land mentioned that there are many hidden costs with other cities through bond
issues and that the City of Dania Beach does not have any bond issues paying for fire services.
MINUTES 5 AUGUST 22, 2000
REGULAR MEETING
Commissioner Mikes was of the opinion that fire department costs are out of control because of
the inability to get municipal and county fire departments to work together and due to the
political power that fire departments have in communities. He mentioned that the State has also
increased pension benefits for firefighters which imposes a financial hardship on cities even
though the State supplements some of the costs.
City Manager Smith explained that the City has been able to save costs by entering mutual aid
agreements with surrounding cities and that Broward County is currently asking municipalities to
submit proposals for providing fire services in county areas because they are no longer going to
provide the service. The City does not use Broward County dispatch services, nor does half of
the cities in Broward County, because the system is overloaded and the City did not feel that
this was the best alternative for providing emergency care.
Gwen Duke, representing Coconut Rentals, located in Port Everglades, opposed the increase in
Fire Rescue special assessments on behalf of her employer and presented a bill showing
inaccurate information on the square footage of the company's building. City Manager Smith
recommended that she contact the Broward County Property Appraisers Office to correct the
square footage. Mr. Smith explained to Ms. Duke that stormwater fees are calculated on
impervious area and unless a property owner provides for the maintenance of stormwater
runoff, the business is charged for Stormwater special assessments.
Vince Pyle, Danian Shopping Center, opposed the extreme increase in his special
assessments. He mentioned the financial burdens that he has undertaken to expand his
business and improve his property and that he did not expect to pay $9,000 in special
assessments and $6,800.00 in ad valorem taxes this year. Mr. Pyle urged the City Commission
to continue adoption of the resolution imposing the special assessments due to the financial
hardship being imposed on small businesses.
Dorothy Honan, 4691 Ravenswood Road, opposed the increase in Fire Special Assessments
and did not believe that her area has improved in services for sewer, solid waste, fire and roads
even though the costs have increased. She also opposed charges for fire inspections and
mentioned problems with replacing a garbage container that had been stolen. City Manager
Smith urged her to contact the Public Works Department to purchase garbage containers at a
cost $48.00.
Loyd Mears, 5080 SW 28 Avenue, stated his dissatisfaction with the increased charges and
opposed the City's actions to dredge Tigertail Lake.
Robert Sheets, Government Systems Group, explained that his firm handles the Special
Assessment Programs for the City, and he agreed with the comments presented by City
Manager Smith regarding the 4th District Court of Appeals actions to change the City's method
of calculating Fire Rescue Assessments. He mentioned that the City received $1.2 million
dollars in 1999 and that $1.8 million dollars are projected for 2000 for Fire Rescue Special
Assessments. In 1999, the commercial businesses only accounted for $254,000.00 or 19.5% of
the 1.2 million dollars collected and that commercial businesses are projected to account for
$648,000 of the 1.8 million or 35% in 2000.
Hearing no further comments, Mayor McElyea closed the public hearing.
MINUTES 6 AUGUST 22, 2000
REGULAR MEETING
• Mayor McElyea expressed his opinion that the amounts being imposed on businesses was too
high.
Mr. Sheets mentioned that another alternative for the City would be to bring back a change in
the method for calculating the assessment amounts next year or not collect the amounts of the
projected revenue through the special assessment programs. However, he pointed out that the
amounts would have to be collected through ad valorem taxes.
In regards to postponing action tonight, Mr. Sheets advised that the City does not have time to
change the method because of notification requirements. Mr. Sheets assured the City
Commission and the public that there has not been any change in the way the City's
assessment program was set up since 1996 and that the only change is the amount of revenue
the City is trying to recover from the business class. If the City changed the method for
calculating the special assessments on a per-square-foot basis, the City would then be dealing
with appeals from discrepancies in square footage opposed to the per-hundred-square foot
bracket method currently being used. Mr. Sheets was of the opinion that the current method is a
fairer way to calculate the assessments and that there are more businesses who are paying
based on the lowest square footage denominator. There is a small percentage of businesses
with square footage that just goes over the threshold that are pushed into the next highest
bracket. Example, a person with 6,000 square feet would pay assessments via a bracket of
5,000 — 9,999 square feet. The only businesses impacted by a tremendous increase are those
with square footage at 10,000 or more who fall in the upper portion of the category.
Mr. Barile stated that it was not fair that the majority of the burden of the Fire Rescue
Assessments should be imposed on such a small sector of the community.
Mr. Sheets stated that the reason the City is out of time is that the ruling from the 4th District
Court of Appeals was imposed at the end of June and a re-analysis of the programs began mid-
July, and time was needed to mail out assessment notifications and advertisement for this
hearing required 20 days prior publication.
City Manager Smith reiterated that the allocation of the assessments is based on the demand of
the commercial properties on fire services.
Paul Porzio, single family home owner, advised that he would not oppose paying a higher share
of the assessments to reduce the impact on the small business community as they are also
burdened by rental fees for storefronts to remain in business. Vice-Mayor Bertino reminded Mr.
Porzio that he is still employed and working and that there are many people who are on fixed
incomes that do not have the extra money like he does to pay more for special assessments
and that the commercial properties are paying for services they are receiving.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the
resolution approving Fire Rescue special assessments.
The motion passed on the following 3/1 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-no
•
MINUTES 7 AUGUST 22, 2000
REGULAR MEETING
8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH,
FLORIDA; REIMPOSING 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; APPROVING THE
RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of the resolution for Solid Waste Assessments.
City Manager Smith explained that the solid waste assessments cover charges to collect for
garbage services in the Griffin Road area and that there is no change in the rate.
Mayor McElyea opened the public hearing.
Clinton Hill opposed the garbage services being provided by BFI.
Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
resolution approving the Solid Waste Service Assessments.
The motion passed on the following 410 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
• Vice-Mayor Bertino —yes Mayor McElyea-yes
8.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA
BEACH, FLORIDA; REIMPOSING STORMWATER ASSESSMENTS AGAINST DEVELOPED
PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2000; APPROVING THE RATE OF ASSESSMENT; APPROVING
THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE.
City Manager Smith explained that this is the 5th year of the stormwater program and that the
assessments provide funding to operate and maintain the stormwater program.
Mayor McElyea opened the public hearing.
Clinton Hill opposed the stormwater assessment program. He recommended that the sections
of the City being impacted by flooding should pay a separate special assessment program
instead of the entire City being assessed for drainage problems that may not be occurring in
their area.
Ralph Eddy expressed his dissatisfaction with the maintenance of the collector box located at
the end of SE 2"d Street that receives excess run off from Federal Highway. He was of the
opinion that drainage is not improved in the southeast area.
Hugo Renda expressed his dissatisfaction with the lack of drainage improvement in the
® southwest section.
MINUTES 8 AUGUST 22, 2000
REGULAR MEETING
William Wosenitz presented a letter urging the City to request a comprehensive study on
stormwater runoff into the canals to determine if the Cut-off Canal can handle the volume of
runoff created by ongoing development. He requested that a meeting be held with all of the
governmental agencies involved so that the canals can be properly maintained.
Louise James, 4829 SW 29 Terrace, presented flooding problems occurring in front of her
house in the swale area. Mayor McElyea thought that Mrs. James probably has a French drain
installed in the front of her property and that some French drains cannot be cleaned. He agreed
that the City needs to address these drainage issues in the future.
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 the Stormwater Assessments.
The motion passed on the following 3/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes—out of the room
Vice-Mayor Bertino—yes Mayor McElyea-yes
8.4 AN ORDINANCE ESTABLISHING HISTORIC PRESERVATION IN THE CITY OF
DANIA BEACH; PRESCRIBING A PROCEDURE FOR DESIGNATING HISTORIC BUILDINGS
AND LANDMARKS; ADOPTING ARCHITECTURAL GUIDELINES FOR ALTERATION OR
DEMOLITION OF DESIGNATED HISTORIC PROPERTIES; ADOPTING AMENDMENT 3
RELATING TO AD VALOREM TAX EXEMPTIONS FOR QUALIFIED HISTORIC PROPERTIES
AS PROVIDED IN THE FLORIDA STATE CONSTITUTION AND BY THE FLORIDA
LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. (First reading)
City Attorney Ansbro read the title of the ordinance for first reading.
Attorney Doug Gonzales, Weiss, Serota, et all, advised that he worked with Dr. William R.
Adams, Ph.D. of Historic Properties Associates, in preparing the ordinance that will provide
procedures for designating buildings within the City as "historic". He clarified that this ordinance
does not designate a historic district. As part of a study conducted by Dr. Adams, Attorney
Gonzales explained that Dr. Adams prepared a Historic Preservation Plan identifying properties
with historic significance. The ordinance does not affect a person's use of their property but it
provides a mechanism for a person owning a historic property to come before the City
Commission, sitting as the City's Historic Preservation Board, to establish certain criteria for
rehabilitation, renovation or demolition of their property. The City is adding an additional step in
the process in an effort to preserve and protect properties that have been designated as
"historic". Mr. Gonzales clarified that any property designated as a historic landmark is not
exempt from paying ad valorem taxes but there may be opportunities available to property
owners to receive grant funds to assist in renovations of historic properties.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
ordinance on first reading.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
MINUTES 9 AUGUST 22, 2000
REGULAR MEETING
• Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.5 Request to designate historical properties within the City of Dania Beach. These sites include
the Nyberg-Swanson House, Dania Woman's Club, Bank of Dania, Dania Beach Hotel, Hotel
Poinciana and the Martin Frost House.
AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION, SITTING AS THE
HISTORIC PRESERVATION BOARD, DESIGNATING THE FOLLOWING AS HISTORIC
BUILDINGS AND LANDMARKS WITHIN THE CITY OF DANIA BEACH, INCLUDING THE
NYBERG-SWANSON HOUSE, DANIA WOMAN'S CLUB, BANK OF DANIA, DANIA BEACH
HOTEL, HOTEL POINCIANA AND THE MARTIN FROST HOUSE, PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
City Attorney Ansbro read the title of the ordinance for first reading.
Attorney Gonzales explained that the "Draft" Historic Preservation Plan identifies 13 buildings
potentially eligible for the National Register of Historic Places and that this ordinance proposes
to designate six of the buildings as part of Phase I Implementation of the Historic Preservation
Plan.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the
ordinance on first reading.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
8.6 SA-101 B-99 — Rehearing of sign adjustment request by Robert Fronek of Dania Beach Florist
for property located at 64 S. Federal Highway, Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION
NO. 2000-059, ADOPTED APRIL 25, 2000, AND SUBSTITUTING IN ITS PLACE A NEW
RESOLUTION APPROVING A SIGN ADJUSTMENT REQUEST (SA-101B-99) SUBJECT TO
CERTAIN TERMS AND CONDITIONS, SUCH SIGN ADJUSTMENT REQUEST SUBMITTED
BY ROBERT FRONEK, DANIA BEACH FLORIST, FOR PROPERTY LOCATED AT 64 SOUTH
FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, continuing SA-
101 B-99 to September 12, 2000, regular meeting.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
MINUTES 10 AUGUST 22, 2000
REGULAR MEETING
�7 SA-13-00 — Sign adjustment request by Ronald Owens of Church's Chicken for property located
at 141 South Federal Highway. Request is for relief from Chapter 28, Zoning, Article 28, signs.
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
RONALD OWENS, PRESIDENT/CEO, REPRESENTING RESTAURANT GROUP OF SOUTH
FLORIDA, LLC (CHURCH'S CHICKEN), FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS,
FOR PROPERTY LOCATED AT 141 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro explained that Items 8.7 through 8.11 are quasi-judicial hearings. Attorney
Ansbro administered an oath to all those persons who were not attorneys and desiring to speak
on the items.
Commission disclosures: none
William Johnson, Chief Code Enforcement Officer, on behalf of Lawrence Leeds, Growth
Management Director, explained the sign adjustment criteria from Section 28.200 supporting
staff's recommendation for approval.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Ronald Owens, President of The Restaurant Group of South Florida, Church's Chicken, advised
that there are plans for some new trees to be planted on the Stirling Road side of the property,
• Cherry hedges have been installed on the Federal Highway side and a palm tree was replaced.
Mr. Owens had no problem with adding more trees and extra shrubs to improve the corner at
Federal Highway and Stirling Road.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, continuing the
meeting to 12:30 a.m. The motion carried.
Vice-Mayor Bertino agreed with the new monument sign but recommended that one of the
existing wall signs be removed. Mr. Johnson explained that the petitioner is requesting approval
of three existing wall signs, which are under the total square footage that is allowed in the code.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the
resolution approving SA-13-00 with the understanding that the petitioner will work with staff and
Main Street to develop a sketch enhancing the landscaping at the corner of Federal Highway
and Stirling Road, seal coat the parking lot, and that the sketch will be brought back to the City
Commission as a discussion item.
The motion passed on the following 3/1 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes—yes
Vice-Mayor Bertino —no Mayor McElyea-yes
8.8 SP-10-00 — Site plan approval request by Jacques & Suzanne Gallet for a 30,000
square foot industrial building to be located on the east side of SW 12th Avenue and north of
Stirling Road (located directly behind the Caribe Plaza).
MINUTES 11 AUGUST 22, 2000
REGULAR MEETING
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
• REQUEST SUBMITTED BY JACQUES AND SUZANNE GALLET, FOR PROPERTY LOCATED
ON THE EAST SIDE OF SW 12T" AVENUE NORTH OF STIRLING ROAD (LOCATED
DIRECTLY BEHIND CARIBE PLAZA), DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Cindy Bertschinger, Leigh Robinson Kerr &Associates, on behalf of Larry Leeds, Growth
Management Director, explained that the applicant has submitted a site plan for a 30,000
square foot industrial building on property zoned I-G. The site plan is proposed for a multi-
tenant industrial building and the applicant will be required to make improvements on SW 12tn
Avenue and possibly SW 1st Street for access to the site. Staff recommends approval with the
five conditions provided in the staff memo and the Planning & Zoning Board agreed with all
conditions with a wood fence instead of a masonry wall.
Attorney Harry Hipler advised that the code allows a six foot wooden fence and since property
adjacent to the site is vacant, he did not think the wall was necessary. He also mentioned that
the wall would be more expensive than a wood fence and that double ficus hedges would be
added along both sides. Attorney Hipler opposed Mr. Leeds'comment after Condition #5
requiring consideration of architectural detail along SW 12 Avenue and the rear of the building
since the statement was never discussed at the Planning & Zoning Board meeting. He stated
that the owners agree to widen SW 12 Avenue, complete the utilities, plant more trees and
install the sidewalk. In addition, Mr. Gallet agrees to paving the south half of SW 1st Street
adjacent to the site as long as the road will be a public street, however, Mr. Gallet would not be
agreeable to developing the street if it was going to be used for the developer to the north and
closed to the public. City Manager Smith advised that the petitioner is only being required to
• complete his half of SW 1 st Street and that the developer to the north would have to complete
his side. Fire Chief Land clarified that the completion of 1st street was added to the conditions
for public safety purposes.
Commissioner Mikes requested that the petitioner include a Sabal Palm instead of the small
Buttonwood designated on the landscape island since they do not require much irrigation.
Mr.Hipler had no problem with the change in trees.
At this time, a motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino,
extending the meeting to 1:30 a.m. The motion carried.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the
resolution approving SP-10-00 with staff conditions amended as follows:
1) Applicant to revise plan to provide six foot masonry wall in lieu of six foot fence.
2) Applicant to revise landscape plan to show only one tree per parking lot island and
applicant to replace silver buttonwoods on landscape islands with Sabal Palms.
3) Prior to issuance of a C of O, property owner to construct the east portion of SW 12t"
Avenue as required by the Public Works/Utilities Director. if required by the P blir
Works! I+ilities DireGtOr, The applicant is also required to construct the south half of SW
1 Street adjacent to the site. (Applicant to provide documentation from the Public
• Works/Utilities Director confirming approval of street improvement plan prior to issuance
of a building permit).
MINUTES 12 AUGUST 22, 2000
REGULAR MEETING
4) Outstanding cost recovery fees to be submitted prior to issuance of a building permit
• (including $250 final landscape inspection fee).
5) 5" high curb to be provided in parking areas.
6) Applicant shall place some architectural detail along SW 12th Avenue and to the rear of
the building that is acceptable to the Growth Management Director.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
8.9 SP-14-00 — Site plan approval request by Dan Fee, President, CDI Engineering, representing
Corporate Development Partners, Inc. for the proposed development of a Walgreen's, to be
located on the northeast corner of Sheridan Street and SE 51h Avenue.
.A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY DAN FEE, PRESIDENT, CDI ENGINEERING REPRESENTING
CORPORATE DEVELOPMENT PARTNERS, INC., FOR PROPERTY LOCATED ON THE
NORTHEAST CORNER OF SHERIDAN STREET AND SE 5T" AVENUE, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Cindy Bertschinger, Leigh Robinson Kerr&Associates, on behalf of Larry Leeds, Growth
Management Director, explained that the applicant has submitted a site plan for a 15,000
square foot Walgreens Drug Store. She explained that the site plan has been revised to comply
with requirements with the "Principal Arterial Design Standards" and staff recommends approval
• of the site plan subject to approval of the Public Works/Utilities Director and Fire Marshall prior
to issuance of a Building Permit. She mentioned that the applicant also needs approval of
"spandral glass" to meet the window glass requirements on Sheridan Street and SE 5 Avenue.
Commissioner Etling questioned whether FDOT has been contacted to include a left-turn arrow
at Sheridan Street and SE 5th Avenue due to the traffic impact from this project. Ms.
Bertschinger agreed that Broward County and FDOT could be contacted to see if an adjustment
could be made, but that was not an issue that was investigated at the time of review.
Seth Gadinsky, Corporate Development Partners, Inc., explained that a deep well would be
installed to retain stormwater on site and agreed to maintain the overgrown back portion of the
property. A sample of the "spandral glass" was presented and Mr. Gadinsky explained that it
would be used at the front areas of the Walgreens store.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the
resolution approving SP-14-00 with the following conditions:
(1) Approval of the Public Works/Utilities Director and Fire Marshall prior to issuance of a
Building Permit.
(2) Sample of"spandral glass" as presented is in compliance with principal arterial window
requirements.
• (3) The petitioner will replace the 4 Mahogany trees with 4 Royal Palm trees along the area
facing west on SE 5th Avenue to match the Royal Palm trees along Sheridan Street.
MINUTES 13 AUGUST 22, 2000
REGULAR MEETING
(4) Provide a minimum 3 foot horizontal overhang from the wall on all roof structures.
• (5) The City will be provided an easement for a welcome sign in the southwest corner of site.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Commissioner Mikes suggested that staff provide color renderings for the City Commission on
these types of projects.
8.10 (a) Discussion of changes to previously approved site plan (Grand Prix: proposed
roller coaster located north of NW 1s' Street and east of Interstate 95).
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION 2000-38 APPROVING THE REVISED SITE PLAN REQUEST SUBMITTED BY
JULES ROSS, PRESIDENT OF DANIA COASTER, INC., FOR PROPERTY COMMONLY
KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW 1ST STREET,
DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(b) Request by Jules Ross, President of the Dania Coaster, Inc. for temporary
signage for the "Dania Beach Hurricane" ride.
• Cindy Bertschinger, Leigh Robinson Kerr&Associates, on behalf of Larry Leeds, Growth
Management Director, explained that the roller coaster was first approved with a 300 foot
setback between the coaster and 1-95 and in March was approved for a setback of 40 feet
between the coaster and 1-95. The applicant is now requesting an amendment to the Roller
Coaster Site Plan for deferral of landscaping installation for up to 60 days after the opening of
the roller coaster and waiver of the landscaping on the north and west portions of the roller
coaster (area on plan surrounded by a "bubble"). Ms. Bertschinger stated that Mr. Leeds has
included several conditions to the approval in his staff memo.
William Johnson, Chief Code Enforcement Officer, explained that there is also a second request
for a 450 square foot sign to be attached to the roller coaster for 90 and 120 days. Mr. Johnson
advised that Mr. Leeds recommended in his memo to reduce the sign to 250 square feet and
that just this evening Mr. Leeds phoned and advised that he was not supporting the temporary
sign at all because of an electronic message board that provides sufficient advertisement for the
roller coaster.
Jules Ross, President of Dania Coaster Inc., advised that the extension on the landscaping for
60 days-is being requested because most of the items are not readily available and the area
where.the landscaping is expected to be installed has construction materials in the way. He
expected to begin the landscaping in the next 7 to 10 days and the entire landscaping to be
finished 60 days after the opening of the roller coaster. Mr. Ross requested a waiver of the
landscaping on the northern side because a water park will be constructed in the area and any
landscaping that would be installed would have to be removed when the water park is
constructed. He thought it would be better to wait until the area is developed to make
• landscaping improvements.
MINUTES 14 AUGUST 22, 2000
REGULAR MEETING
Discussion followed on noise impact and lighting improvements that will be added to the roller
coaster.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, continuing the
meeting past 1:30 a.m. The motion carried.
After further discussion, Commissioner Mikes recommended going forward with the landscaping
requirements as he thought that the landscaping could be transplanted relatively easy.
A motion was made by Commissioner Mikes, seconded by Mayor McElyea, after passing the
gavel, approving deferral of landscaping installation, in accordance with the landscape plan
dated August 15, 2000 (including all landscaping on the north, west and south perimeter) for up
to 60 days after the opening of the roller coaster and a 450 square foot (15'x30') banner
(attached to roller coaster) reading "Dania Beach Hurricane" (without the phone number) for up
to 90 to 120 days and all staff conditions as follows:
a) Applicant to provide a minimum of two 12-foot wide access gates along N.W. 1 st Street
as directed by the Fire Marshall.
b) Applicant to provide a 20 foot wide unobstructed emergency access roadway along the
west lot line adjacent to 1-95 (indicated on plan).
c) Applicant to provide openings in ficus hedge consistent with location of N.W. 1st Street
access gates and emergency access roadway.
d) Field modification of landscape location subject to approval of Fire Marshal and City
Landscape consultant.
e) Outstanding cost recovery fees to be submitted (including $500 final landscape
inspection fee).
f) Installation to be completed with 60 days after the opening of the roller coaster.
g) Seven Royal Palms (not five as indicated on the plan) to be provided at the northwest
side of the roller coaster.
The passed on the following 3/1 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —no Mayor McElyea-yes
8.11 SP-05-00 — Site plan request by Michael Simmons, for Port Petroleum, located on the
west side of SW 14th Avenue, north of Eller Drive.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY MICHAEL SIMMONS, PRESIDENT, PORT PETROLEUM,
FOR PROPERTY LOCATED ON THE WEST SIDE OF SW 14T" AVENUE NORTH OF ELLER
DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Cindy Bertschinger, Leigh Robinson Kerr& Associates, on behalf of Larry Leeds, Growth
Management Director, explained that the property is located within the Port Everglades
jurisdictional area and that the proposed use of"unattended" card lock fleet fueling facility is
permitted under the PEDD zoning district as a "service station" or "petroleum processing,
MINUTES 15 AUGUST 22, 2000
REGULAR MEETING
transmission, or storage". Ms. Bertschinger advised that staff and the Planning & Zoning Board
recommend approval subject to property owner providing a 24-foot vehicular access reservation
to the rear of the property.
Mr. Kurt Keiser, representing Mr. Simmons, responded to questions regarding approvals from
the Port Everglades and Dania Beach Fire Departments on the use.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Etling, adopting the
resolution approving SP-05-00 subject to property owner providing a 24-foot vehicular access
reservation to the rear of the property (reservation to provide vehicular access to property
behind the fueling facility). Reservation document to be approved by the City Attorney and
recorded prior to issuance of a Building Permit.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Item 12 was heard after Item 8.11
9. CITIZENS' COMMENTS: NONE
10. COMMISSION COMMENTS-NONE
Item 11.1 was heard after Item 7.1
11. DISCUSSION AND POSSIBLE ACTION
11.1 Request by Michael Bishop for abatement of CEB99-0363 for property located at 723
SW 51h Street, Dania Beach. (Staff)
William Johnson, Chief Code Enforcement Officer, explained that the subject property was cited
for minimum standards and public nuisance violations, that the property owners were given 30
days to comply. The property did not come into compliance until July 17, 2000, which resulted
in a fine of$17,000 (169 days at $100.00 per day and $100.00 recording fees) being imposed
against the property. Mr. Johnson advised that the Code Enforcement Board recommended
abatement to $3,500.00 after hearing testimony on August 7, 2000.
A motion was made by Commissioner Etling to follow the recommendation by the Code
Enforcement Board and abate the lien to $3,500.00. The motion failed for lack of a second.
Michael Bishop explained that he resides in North Miami Beach and that he purchased the
property in March 1999 and that the previous property owner and tenants were not in
compliance with the City's code requirements. He advised that the first notice was sent to him
in September 1999, at which time he was institutionalized for a short period of time. He
explained that his stepfather was taking care of the property and communicated with Code
Officer Dubinsky in an effort to clean up the property. Mr. Bishop mentioned that his stepfather
® was of the opinion that once the fence was removed and the property was cleaned up that the
MINUTES 16 AUGUST 22, 2000
REGULAR MEETING
property was in compliance with the code. Mr. Bishop explained that he was not aware of the
® lien until he tried to sell the property and that he did not receive any notices. Mr. Bishop advised
that his intentions are to give the property to Ms. Higgs who lives around the corner from the
property in an effort to avoid foreclosure. Mr. Bishop advised that he cannot sell the property
without the abatement, that there is an $85,500.00 mortgage on the property and that he
purchased the property for $95,000.00.
Mayor McElyea expressed his dissatisfaction with the owner's lack of attention to the problem
and length of time it took to clean up the property.
Mr. Johnson confirmed that the property is in compliance at this time and it was his opinion that
the violations on the property were not so bad that the property could not have been brought
into compliance a long time ago.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, leaving the lien
standing in place at $17,000.00.
The motion passed on the following 3/1 roll call vote with Commissioner Cali absent.
Commissioner Etling-no Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
11.2 Discussion of speed bumps for Northwest 10th Street in Melaleuca Gardens.
(Commissioner Mikes)
® Commissioner Mikes suggested that speed bumps be installed in the NW 10th Street area
where two vehicles recently ended up in swimming pools. He recommended that staff obtain a
professional evaluation on whether one or two speed bumps could be used for the area and that
a survey be sent out to residents in the Melaleuca Gardens area to receive input on the interest
in installing speed bumps.
11.3 Discussion of"Prostitution-Free Zones" in accordance with recent actions by Miami
Beach. (Commissioner Mikes)
Commissioner Mikes passed out an article from the Miami Herald regarding Miami Beach's
efforts to implement a Prostitution Mapping Initiative designed to reduce repeat prostitution
offences by denying known prostitutes access to areas where they have been previously
arrested for the crime.
Lt. David Rahinsky, BSO, advised that contacts have been made with the State's Attorney's
Office, Hallandale and Hollywood on holding a meeting regarding the implementation of model
legislation to reduce prostitution and that the vehicle impoundment ordinance would also be
used in this initiative.
City Manager Smith advised that there were efforts by BSO a few years ago to start the
Prostitution Mapping Initiative and that law enforcement is only one component. The State's
Attorney's Office must take action to prosecute and the judges must enter orders making it an
offense for a convicted prostitute to return to the same area. Mr. Smith advised that the
Broward County courts have not taken any action to assist law enforcement in this regard.
MINUTES 17 AUGUST 22, 2000
REGULAR MEETING
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, directing City
Manager Smith to send a letter from the City Commission supporting a Prostitution Mapping
Initiative to be implemented for the Dania Beach area and that the letter be sent to the State's
Attorney's Office and Broward County Judge Ross.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
11.4 Clarification of Sign Adjustment granted to Jaxson's Dania Plaza. (City Manager)
City Manager Smith advised that a Sign Adjustment was approved some months ago for
Jaxson's Plaza that limited the sign to four colors.
Paul Porzio, Jaxson's Plaza, advised that the Sign Adjustment for the 14-foot sign, including a
2.5' base, restricted the sign to include yellow, green and white. He presented a color drawing of
the sign with five colors and advised that all other requirements have been met for the Sign
Adjustment and that they also have plans to upgrade the entire parking lot.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, approving the
color changes to the sign for Jaxson's Plaza as submitted.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
® Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Discussion followed on additional businesses that were supposed to make improvements and
the need for staff to follow up.
11.5 Discussion and possible action of unimproved Dania Beach Boulevard trafficway
requirement for a parcel of land located at the SE corner of Bryan Road and NW 1 st Street
(parcel located west of the C-2 canal).
Cindy Bertschinger, Leigh Robinson Kerr&Associates, on behalf of Larry Leeds, Growth
Management Director, advised that the waiver request relates to a site plan for a proposed
warehouse at the southeast corner of Bryan Road and NW 1st Street. The site is also adjacent
to Dania Beach Boulevard, which is identified as an 80-foot wide collector road from Federal
Highway to Bryan Road. The applicant is requesting a waiver of a 40 foot right-of-way
requirement designated on the Broward County Trafficways Plan. Ms. Bertschinger advised
that if the waiver is not granted, the applicant would be required to dedicate the 40 feet. If the
waiver is granted, the City would have to buy the property from the landowner if the City chose
to expand the road in the future. Ms. Bertschinger advised that the Broward County Planning
Council would take action on the waiver but are requesting input from the City before making a
final decision.
Mayor McElyea opposed the idea of waiving the road right-of-way for fear that the City would
have to buy the land back at a much higher cost because there may be plans in the future to
® complete Dania Beach Boulevard.
MINUTES 18 AUGUST 22, 2000
REGULAR MEETING
Attorney Steven V. Hoffman, representing Mike Lally, explained that the area is served by three
® bridges located on Old Griffin Road, Tigertail Boulevard, and Stirling Road and that his client is
being asked to dedicate 52', which is more than % acre of his property for a bridge that
theoretically will not be built. The Trafficways Plan shows Dania Beach Boulevard stopping at
Bryan Road and the City would most likely not be able to receive additional right-of-way to
complete any portion of Dania Beach Boulevard west of Bryan Road. Attorney Hoffman also
pointed out that the Tigertail bridge is only 600 feet from Dania Beach Boulevard and that it
would cost 1.5 or 2 million dollars to build another bridge, which would also promote industrial
and commercial traffic in the residential community.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, denying the
request for waiver of(Unimproved) Dania Beach Boulevard Trafficway requirement for a parcel
of land located at the southeast corner of Bryan Road and NW 1st Street (parcel located west of
the C-10 canal).
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Item 12 was heard after Item 8.11.
2. APPOINTMENTS (SEE ITEM 12.1)
12.1 Appointment of 3 members to the Airport Advisory Board.
® "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENTS OF THREE (3) MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID
MEMBERS SHALL SERVE TWO (2)YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, rescinding the
resolution adopted on August 8th appointing Zackery Adams to the Airport Advisory Board
because the appointment was not needed by Mayor McElyea. The motion carried.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting a
resolution appointing Zackery Adams as appointed by Vice-Mayor Bertino to the Airport
Advisory Board.
The motion passed on the following 4/0 roll call vote with Commissioner Cali absent.
Commissioner Etling-yes Commissioner Mikes —yes °
Vice-Mayor Bertino —yes Mayor McElyea-yes
12.2 Appointment of 2 members to 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 Parks, Recreation and Community Affairs Advisory Board.
MINUTES 19 AUGUST 22, 2000
REGULAR MEETING
12.6 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service
Board.
13. ADMINISTRATIVE REPORTS
13.1 City Manager—no comments
13.2 City Attorney Ansbro advised that a meeting is scheduled to complete negotiations on
the Pier Restaurant lease on August 29 at 2:00 p.m. at City Hall.
Vice-Mayor Bertino asked that plans be scheduled for the City Commission to tour the I.T.
Parker House located on the Hilton Gardens property.
City Attorney Ansbro requested an Attorney/Client Session for the Bruckner case on September
12th
14. ADJOURNMENT
This meeting adjourned at 1:50 a.m. August 23rd
C. K. MCELY
MAYOR-COMMISSIONER
• SHERYLCHAPMAN
ACTING CITY CLERK
Respectfully submitted by:
Charlene Johnson
Deputy City Clerk
APPROVED BY THE CITY COMMISSION: September 12, 2000
MINUTES 20 AUGUST 22, 2000
REGULAR MEETING