HomeMy WebLinkAbout1999-12-14 Regular City Commission Meeting Minutes IZI 14I � 99 �
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MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
' DECEMBER 14, 1999
Mayor Bertino called the meeting to order at 7:30 p.m.
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INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL
Present:
Mayor: John Bertino
Vice-Mayor: Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
PRESENTATIONS
a) BSO "Deputy of the Month"— no award.
b) Dania Beach Cricket Club
Mohammad Qureshi, Dania Beach Cricket Club, thanked the City Administration, City
Commissioners, especially Mardie Holloway, Sports Coordinator, for support of the
Cricket games at Frost Park. Mr. Qureshi presented the City with a gift of a wooden
eagle from Thailand for the year 2000. He mentioned plans for a United States Cricket
Tournament in the year 2000 in Florida that would include teams from Australia and
England.
c) Presentation of Awards for Main Street, Inc.
Michael Garrett, Director of Main Street, Inc., acknowledged the Board of Directors of
Main Street for the success of the Tomato Festival held November 12, 1999, and
introduced Antonietta Nicosia, who was crowned Tomato Queen. Lisa Skinner,
Promotions Chair, and Benjamin Wohl, President of Main Street, were also present.
MINUTES -CITY OF DANIA BEACH 1 DECEMBER 14, 1999
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Awards were presented to Sheriff Kenneth Jenne for Grand Marshal and State
Representative Tim Ryan for Deputy Grand Marshal in the Tomato Festival parade.
Mr. Garrett presented additional awards as follows:
Four Best Floats: 1st Place for Best Float awarded to Greater Chamber of Commerce;
2nd Place for Best Non-Musical Marching Unit awarded to The 7th Florida Volunteer
Infantry, Company B, and 115th New York Volunteers; 3rd Place for Best Decorated
Float awarded to the Lion's Club for its' Christmas Float; 4th Place for Best Overall
Theme awarded the Ice Cube Program for "The Time is Right"theme. Mr. Garrett
advised that all winners received gift certificates from various businesses and
restaurants in the City.
Mr. Garrett thanked City staff members and the City Commission for their support of the
Tomato Festival event and awarded special plaques to members of the Public Works
and Parks & Recreation Departments for their help.
Benjamin Wohl, President of Main Street, thanked City staff members, the City
Commission, and the volunteers who donated their time for the event. He presented
the City of Dania Beach with a check covering 50% of the $5,000.00 that was
contributed to Main Street from the City for the event. He was pleased that the event
was so successful and asked that the City Commission consider providing assistance
with next year's event.
Due to the success of the event, a motion was made by Commissioner Mikes,
seconded by Commissioner Cali, to return the $2,500.00 check to Main Street for seed
money for next year's Tomato Festival. The motion passed on the following roll call
vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes— yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
Charles Zidar presented awards for the 2nd Annual "Taste of Dania Beach" event and
awarded the following:
Best Main Dish — Docker's Bar & Grille; Corporate Condiment winner- Jackson's Ice
Cream; Corporate Appetizer and Side Dish winner— Kings Head Pub; Beverage -
Greater Dania Chamber of Commerce; Individual Condiment—Ruth Hutchings;
Individual Best Side Dish - Lorraine Busey.
d) Presentation by Dania Elementary School on historical project
(CONTINUED TO JANUARY 11, 2000)
PROCLAMATIONS
a) A Proclamation declaring Saturday, January 8, 2000 as "Bishop Harvey David
Bryan, Jr. Day" in the City of Dania Beach.
MINUTES -CITY OF DANIA BEACH 2 DECEMBER 14, 1999
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b) A proclamation recognizing the designation of the International Game Fishing
Association's (IGFA) Hall of Fame and Museum as a Coastal America Ecosystem
Learning Center.
City Manager Smith read the proclamations in their entirety.
ITEMS 1.6, 1.8, 1.9, 1,10, 1.11 & 1.12 WERE PULLED FROM THE CONSENT AGENDA
1. CONSENTAGENDA
Bills:
1.1 Approval of Bills for the month of September, 1999
1.2 Approval of Bills for the month of October, 1999.
Resolutions:
1.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
AGREEMENT BETWEEN HISTORIC PROPERTY ASSOCIATES, INC., FOR
CONSULTING SERVICES FOR HISTORIC PRESERVATION UNDER THE STATE OF
FLORIDA. DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES
GRANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
1.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
RENEWAL OF STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, GRANT
FOR THE PERIOD NOVEMBER 1, 1999 THROUGH OCTOBER 31, 2000, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
1.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
SUBMISSION OF FRANK C. "TOOTIE"ADLER'S NAME AS THE CITY'S NOMINATION
TO THE FLORIDA LEAGUE OF CITIES FOR THE GREAT FLORIDIANS 2000 AWARD;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PERTAINING TO RESOLUTION 28-85, WHICH PRESCRIBES RULES OF
PROCEDURE FOR CITY COMMISSION MEETINGS; REPEALING SUBSECTION 6.1
("ORDER OF BUSINESS") OF SUCH RESOLUTION IN ITS ENTIRETY AND
REPLACING IT WITH A NEW ORDER OF BUSINESS FOR THE PURPOSE OF
PROVIDING FOR UNIFORMITY AND CONSISTENCY IN THE MANNER AND ORDER
IN WHICH ITEMS ARE PLACED ON THE AGENDA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
approve the Consent Agenda with the exception of Items 1.6, 1.8, 1.9, 1.10, 1.11 and
1.12. The motion passed on the following roll call vote:
Commissioner Cali —yes commissioner Etling - yes
Commissioner Mikes—yes vice-mayor McElyea—yes
Mayor Bertino - yes
MINUTES -CITY OF DANIA BEACH 3 DECEMBER 14, 1999
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1.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE
INCLUSION OF THE 5.37 ACRE TRACT OF LAND ABUTTING THE CITY OF DANIA
BEACH AT SE 5T" AVENUE AND SHERIDAN STREET AND ADJACENT TO WEST
LAKE AT THE SOUTHEAST CORNER OF SHERIDAN STREET AND 14T" AVENUE,
NORTH INTO WEST LAKE PARK; PROVIDING FOR CONFLICTS, FURTHER,
PROVIDING AN EFFECTIVE DATE.
Commissioner Mikes requested that City Attorney Ansbro read the resolution in its
entirety.
Commissioner Mikes felt that the City should go on record supporting that the 5-acre
parcel at the corner of Sheridan and 14th Avenue be included in the West Lake Park
system.
A motion was made by Commissioner Mikes, seconded by Commissioner Cali, to adopt
the Resolution. The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
Ordinances—Title to be read by city attorney
1.8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH
COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES
WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING OF ORDINANCE)
City Attorney Ansbro read the title of the Ordinance.
Commissioner Etling suggested that wording in Policy 3.1 of the Ordinance which stated
"new development shall provide for utility...." be changed to read "utilities necessary for
new development within the City". Leigh Kerr, Planning Consultant recommended that
the change be made at a future date.
A motion was made by Commissioner Etling, seconded by Commissioner Mike, to
adopt the Ordinance on first reading. The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling -yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino— yes
1.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LAND
USE PLAN CHANGE FROM LOW (5) RESIDENTIAL TO OFFICE PARK (OP)
PERTAINING TO A PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS
LOCATED ON THE SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD
ROAD, NORTH OF GRIFFIN RD. AND EAST OF SW 28TH AVENUE EXTENDED, IN
THE CITY OF DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
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WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS;
PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING OF ORDINANCE)
City Attorney Ansbro read the title of the Ordinance.
Shelly Eichner, Calvin Giordano & Associates, was present on behalf of the petitioner to
request approval of the land use plan change from Low Residential to Office Park.
Commissioner Mikes requested that a voluntary agreement be entered into between the
City and the petitioner to insure that this parcel goes through as Office Park. City
Attorney Ansbro agreed to work with Ms. Eichner to make the arrangements for an
agreement as requested by Commissioner Mikes.
Vice-Mayor McElyea pointed out that the address of SW 28th Avenue in the title of the
Ordinance should be SW 23rd Avenue.
Vice-Mayor McElyea questioned the access to the property. Leigh Kerr advised that
access would be from Griffin Road with a controlled access at the NE corner of the
property on SW 45th Street.
A motion was made by Commissioner Mikes, seconded by Commissioner Cali, to adopt
the Ordinance on first reading with the change in the Ordinance Title from SW 28th
Avenue to SW 23rd Avenue. The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea—yes
Mayor Bertino - yes
1.10 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO
REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A
PARCEL OF LAND CONTAINING 2.0674 ACRES MORE OR LESS LOCATED ON THE
NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T"
AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT
"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO
ALLOCATE 48 FLEX UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE)
City Attorney Ansbro read the title of the Ordinance.
Commissioner Mikes requested that a presentation be made by the petitioner.
Kevin Guthard, Trafalgar &Associates, explained that the proposed development for
the property located on Sheridan Street was for apartments that would require a zoning
change to residential, and an amendment to the Land Use Plan.
MINUTES -CITY OF DANIA BEACH 5 DECEMBER 14, 1999
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A motion was made by Commissioner Etling, seconded by Commissioner Cali, to adopt
the Ordinance on first reading. The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea—yes
Mayor Bertino - yes
1.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR TRAFALGAR
ASSOCIATES, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA
BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH
IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE
CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH - 25), SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE)
City Attorney Ansbro read the title of the Ordinance.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the Ordinance on first reading. The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes— yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
1.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, HONORING THE
PIONEERING EFFORTS OF THE CITY OF DANIA BEACH AS BROWARD COUNTY'S
OLDEST CITY; PROVIDING FOR AN EFFECTIVE DATE,
Commissioner Mikes commended Charlene Johnson for drafting the Resolution and
asked that she read it.
City Manager Smith also commended Reverend Bob Sands, Sheryl Chapman, Jason
Nunemaker and Linda Fry for their help in drafting the Resolution.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the Resolution. The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
ITEM 3.12 WAS HEARD NEXT
2. BIDS/RFPS: - none
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9. PUBLIC HEARINGS AND SITE PLANS
3.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE OF ORDINANCES,
WHICH SECTION IS ENTITLED "ESTABLISHED; INTENT; COMPOSITION; TERM",
OF ARTICLE VII, ENTITLED "NUISANCE ABATEMENT BOARD", OF CHAPTER 17,
ENTITLED "OFFENSES — MISCELLANEOUS". TO CHANGE THE LENGTH OF
BOARD MEMBERS' TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND
DESIGNATE THE EXPIRATION OF SUCH TERMS; PROVIDING FOR CONFLICTS;
PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (SECOND READING OF ORDINANCE) (CONTINUED FROM 11/23/99)
City Attorney Ansbro read the title of the ordinance.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
adopt the Ordinance on second reading. The motion passed on the following roll call
vote:
Commissioner Cali — yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
3.2 AN ORDINANCE PERTAINING TO ARTICLE IV OF CHAPTER 13. ENTITLED
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA
BEACH, FLORIDA, IN ORDER TO AMEND SEC. 13-68, DEFINITIONS; AMENDING
SEC. 13-69, PROVIDING FOR A CHANGE IN CITY SOLID WASTE COLLECTION
SERVICES INCLUDING THOSE FOR CERTAIN MULTI RESIDENTIAL BUILDINGS,
AND PROVIDING FOR THE PICKUP OF RECYCLABLES; AMENDING SEC. 13-70 TO
REVISE PROVISIONS RELATING TO PRIVATE COLLECTION SERVICE OF
MULTIRESIDENTIAL BUILDINGS; AMENDING SEC. 13-71 TO REVISE PROVISIONS
TO INCLUDE BULK TRASH AND RECYCLABLES IN COLLECTION HOURS
RESTRICTIONS; AMENDING SEC. 13-72 TO PROVIDE THAT CLAIMS FOR
REFUNDS AND ADJUSTMENTS OF GARBAGE OR TRASH CHARGES BE MADE TO
THE FINANCE DIRECTOR; AMENDING SEC. 13-74 TO REVISE REGULATIONS
PERTAINING TO THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BY
PRIVATE HAULERS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE)
City Attorney Ansbro read the title of the ordinance.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
Vice-Mayor McElyea requested a change on the flyer being mailed out by Public Works
with regard to bulk trash pickup and confirmed with the City Manager that the Ordinance
only affects multi-family residents up to four (4) units, and not private haulers.
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A motion was made by Commissioner Etling, seconded by Commissioner Cali, to adopt
the Ordinance on second reading. The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea — no
Mayor Bertino - yes
3.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A
TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN
APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE
AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95
WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL"
DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN
HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES,
WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND
OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN
THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND
PROVIDING AN EFFECTIVE DATE THEREFOR. (FIRST READING OF ORDINANCE)
City Attorney Ansbro read the title of the ordinance.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the ordinance, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the Ordinance on first reading. The motion passed on the following 4/0 roll call
vote:
Commissioner Cali (out of room) Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea—yes
Mayor Bertino - yes
3.4 SA (VA-25-98) - Sign Adjustment request by Phil Glassman, Manager/Lessee of
the Dania Shopping Center, located at 126 South Federal Hwy., Dania Beach, for
a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 -
Downtown Dania Beach Redevelopment District Sign Regulations.
(Continuance requested by the Petitioner)
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to
continue Item 3.4 SA (VA-25-98) by Phil Glassman with the condition that a full site plan
be submitted to the Growth Management Department by January 10th for inclusion on
the February Planning & Zoning Board Agenda and then brought back to the City
Commission for the first meeting in March 2000. The motion passed on the following
4/1 roll call vote:
Commissioner Cali — no Commissioner Etling - yes
Commissioner Mikes— yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
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3.5 VA-77-99 - Variance request by Roman E. Gzyl from Chapter 28, Article 4.20
Schedule of Lot Yard and Bulk Regulations for relief from 20' of front yard set
back in conjunction with the placement of a canvas car cover. Property located
at 4611 SW 34th Avenue, Dania Beach, Florida.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ROMAN
GZYL, FROM CHAPTER 28. ARTICLE 4.20 SCHEDULE OF LOT, YARD AND BULK
REGULATIONS, FOR PROPERTY LOCATED AT 4611 SW 34T"AVE., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Leigh Kerr, Planning Consultant, advised that the applicant had been non-responsive,
and did not appear at the Planning &Zoning Board meeting, therefore the Planning &
Zoning Board recommended denial of the request.
Mayor Bertino opened the public hearing. Hearing no one speak in favor or in
opposition to the request, the public hearing was closed.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to deny
the Variance (VA-77-00) request as recommended by the Planning & Zoning Board.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
3.6 VA-76-99 -Variance request by Pascal Richer from Chapter 28, Zoning, Article
5, Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr.
Richer would like to request a fence height in the front yard of 6 feet limited to 4
feet for property located at 255 South Dixie Hwy.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY PASCAL
RICHER, FROM CHAPTER 28, ARTICLE 5, SUPPLEMENTARY LOT REGULATIONS,
SECTION 5.36, WALLS, FENCES AND HEDGES, FOR PROPERTY LOCATED AT 255
SOUTH DIXIE HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Leigh Kerr explained that the property was triangular in shape and was located just
north of commercial property. He stated that staff felt that there were unique features to
the site and recommended approval of the variance request along with the Planning &
Zoning Board.
Mr. Pascal Richer was present to request approval of the variance request. He also
advised that he was issued a permit for the 6-foot fence and requested that the $310
variance fee be reimbursed.
William Johnson, Chief Zoning/Code Inspector, advised that he issued the permit in
error and that the error was not caught until the final inspection was made. Mr. Johnson
advised that he volunteered his time to help Mr. Richer cut the fence down to 4 feet.
MINUTES -CITY OF DANIA BEACH 9 DECEMBER 14, 1999
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City Attorney Ansbro advised that even though the error was made, Mr. Richer must still
seek a variance if he wants to keep the 6-foot fence and that the costs of the variance
must be paid. City Attorney Ansbro recommended that the variance fees be refunded if
Mr. Richer cuts the fence back to 4 feet.
Vice-Mayor McElyea advised that the sign advising of the public hearing was not
readable from the property.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the request, the public hearing was closed.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
continue Item 3.6 (VA-76-99) to the Regular Meeting of January 11, 2000, in order to
post a notice on the properly in a conspicuous location. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino -yes
3.7 SA-75-99 - Request for Sign Adjustment approval by Roger M. Pomerance, P.A.,
Attorney and Representative for Chevron USA, 345 North Federal Highway
(Chevron Gasoline Station).
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
CHEVRON U.S.A., INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS,
SECTION 28.160, 2(A)(III), SECTION 28.170(1) AND SECTION 28.170(2) SIGN
REGULATIONS, FOR PROPERTY LOCATED AT 345 NORTH FEDERAL HWY.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro advised that the petitioner requested a continuance for one month.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to
continue Item 3.7 (SA-75-99) to the Regular Meeting of January 11, 2000. The motion
passed on the following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
3.8 SA-64-99 - Sign Adjustment request by Richard Lowy, owner of"Dania Discount
Drugs, Inc.", from Chapter 28, Zoning, Article 27, Signs, Section 27.160 -
Downtown Dania Beach Redevelopment District Sign Regulations. Property
located at 16-18 South Federal Hwy., Dania Beach,
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
RICHARD LOWY, OWNER DANIA DISCOUNT DRUGS, FROM CHAPTER 28.
MINUTES -CITY OF DANIA BEACH 10 DECEMBER 14, 1999
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ZONING, ARTICLE 28, SIGNS, SECTION 28.160. SIGN REGULATIONS, FOR
PROPERTY LOCATED AT 16-18 SOUTH FEDERAL HWY., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Leigh Kerr explained that the applicant proposed to remove many of the signs on the
site, however, some remaining signs still exceed many of the standards that have been
developed under the new sign code. He advised that Staff and the Planning & Zoning
Board recommended approval of the monument sign subject to all setback and size
requirements; approval of a secondary wall sign in the rear with a maximum square
footage of 9.4; that all window signs be removed; that the copy from the roof sign be
removed; and the front wall sign be reduced to 37.5 square feet.
Attorney Ed Stacker, representing the petitioner, was present to request approval of the
sign adjustment.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the request, the public hearing was closed.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
adopt the Resolution approving SA-64-99 with the following conditions: (1) removal of
all window signs; (2) removal of white plastic marquee signs; (3) the "Liggett Rexall
Drugs" wall sign may remain in front; (4) removal of"parking in rear"signs; (5) change
Liggett to Rexall on vertical sign in front; (6) the monument sign in rear to be reduced to
meet code requirements; (7) the rear wall sign to be 9' x 2' (18 square feet); (8)
dumpster enclosure to meet code; (9) landscaping hedge to be added in the parking lot
with two Alexander palm trees in the hedge and an Alexander palm tree on each side of
the monument sign; (10) color of building to be worked out with Main Street Program
Manager; (11) all changes must be completed within 180 days; and (12) landscaping
must be maintained. The motion passed on the following 411 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - no
3.9 SP-63-99— Request for site plan approval by Claudette & Athanasios Zavalis for
installation of a parking lot associated with renovation of the existing 1,000+/- sq. ft.
building located on the south side of Griffin Road, between SW 29th Terrace, at
2970 Griffin Road.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY CLAUDETTE & ATHANASIOS ZAVALIS FOR
PROPERTY LOCATED AT 2970 GRIFFIN RD., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE."
Leigh Kerr advised that the request was deferred in order to give Mr. & Mrs. Zavalis
time to document the historical aspects of the property.
Mr. Zavalis presented evidence that his property has been a continued business use.
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A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, agreeing
that the documentation presented by the petitioner was sufficient evidence to prove
continued business use on the property located at 2970 Griffin Road. The motion
passed on the following 3/1 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea -yes
Commissioner Etling (out of room) Mayor Bertino— yes
Commissioner Mikes - no
Mayor Bertino opened the public hearing. Hearing no one spoke in favor of or in
oppostion to the request, the public hearing was closed.
Leigh Kerr advised that the petitioner had made all required changes to the Site Plan.
Commissioner Mikes requested that the five Red Maple trees be changed to Gumbo
Limbo trees for a fuller separation from the house.
A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to adopt
the Resolution approving the Site Plan (SP-63-99) dated September 22, 1999, with the
condition that the five Red Maple trees be changed to five Gumbo Limbo trees in the
back to provide a fuller separation. The motion passed on the following 3/0 roll call vote
with Commissioner Etling out of the room:
Commissioner Cali —yes Vice-Mayor McElyea - yes
Commissioner Etling (out of room) Mayor Bertino—yes
Commissioner Mikes - no
At 11:55 p.m., a motion was made by Commissioner Cali, seconded by
Commissioner Etling, to continue the meeting to 12:30 a.m. The motion passed
unanimously.
3.10 SP-65-99— Request for Site Plan approval by Kevin Dillon, Tanger Retail Center,
for construction of 130,000 square feet of retail use, known as Tanger Outlet
Shops, to be located at approximately 200 Gulfstream Way, Dania Beach (Bass
Pro/Outdoor World Park).
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY KEVIN DILLON, TANGER PROPERTIES LIMITED
PARTNERSHIP, FOR PROPERTY LOCATED AT 200 GULFSTREAM WAY, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
Leigh Kerr advised that the proposed development met the plat note restriction for the
property and was in compliance with all the plat standards and requirements. The
Planning &Zoning Board recommended approval of the Site Plan with conditions.
MINUTES -CITY OF DANIA BEACH 12 DECEMBER 14, 1999
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Molly Hughes, Transportation Engineer, presented seven comments with regard to the
issues and one comment involved the evaluation of the intersection at Griffin
site plan. The comments consisted of six on-site pedestrian or vehicular circulation
Road Anglers Avenue and the intersection of Tigertail Blvd. and Anglers Avenue. and
Mayor Bertino opened the public hearing.
Attorney Barbara Hall and Kevin Dillar, representing Tanger, were present to request
approval of the Site Plan.
Chuck Griffin, Architect, stated that the conceptual design of the Tanger Retail Center
would illustrate the same architectural flavor as the Bass Pro Shops.
Mayor Bertino closed the public hearing.
Commissioner Mikes suggested that the Foxtail Palm trees be replaced with Royal
Palm trees for landscaping continuity with the Bass Pro Project.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to adopt
the Resolution approving the Site Plan (SP-65-99) with the following conditions: (1) Staff
Recommendations included in backup must be met; (2) one Royal Palm tree to be
planted in the middle of each cluster of Foxtail Palm trees; (3) continue the stone
appearance around the side of the building in the back with exposure to 1-95; (4) notice
Dania Beach in all advertising. The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etlin
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino -yes
3.11 SP-80-99— Request for site plan approval by Albert F. Webber 111, P.E.,
representing Michael Simmons, President of Port Petroleum, Inc., for the
proposed construction of a concrete containment area and installation of 12
vertical oil storage tanks with an asphalt access drive to be located at 3141 SE
14th Avenue, Dania Beach (Port Everglades).
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY ALBERT F. WEBBER III, P.E. REPRESENTING
MICHAEL SIMMONS, PRESIDENT OF PORT PETROLEUM, INC., FOR PROPERTY
LOCATED AT 3141 SE 14T" AVENUE, PORT EVERGLADES, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Leigh Kerr explained that this project would allow 12 storage tanks, approximately
12,000 gallons each, which would store virgin lube oil with a very low flash point. Staff
and the Planning &Zoning Board recommended approval.
Mayor Bertino stepped out of the room so Vice-Mayor McElyea opened the public
hearing. Hearing no one speak in favor of or in opposition to the request, the ublic
hearing was closed. p
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A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt
the Resolution approving the Site Plan (SP-80-99). The motion passed on the following
5/0 roll call vote.
Commissioner Cali— yes Commissioner Etling - yes
Commissioner Mikes— yes Vice-Mayor McElyea —yes
Mayor Bertino -yes
ITEM 3.12 WAS HEARD AFTER ITEM 1.12
3.12 VC-89-99 - Vacation Request by the City of Dania Beach to vacate 1,650 sq. ft. of
alley easement located at the rear of 333 South Federal Hwy.
City Manager Smith explained that there was concern from a group of residents
regarding the traffic in and out of the carwash and laundry facilities that are located in
front of their residential properties. A meeting was scheduled with the residents and the
businesses for mediation purposes, however, the business owners did not attend. The
Commission directed staff to move forward with closing the alley for the benefit of the
residents.
Attorney Ed Stacker was present representing Flo Mar Dry Cleaners business. He
presented several graphics on behalf of his client and explained that closing the alley
would cause a negative impact on the economic enterprise of his client. He
recommended, on behalf of his client, that speed bumps be put in the alley and that the
gate along the alley be closed after business hours. He begged for the indulgence of the
City Commission to recognize the necessary utilization of a dedicated public alleyway
that has been used for commercial enterprise purposes for 50 years and pointed out
that denying Flo Mar Dry Cleaners egress from their property would be tantamount to
an inverse condemnation type of proceeding.
Leigh Kerr, Planning Consultant, advised that the utility companies had no objection to
the vacation, staff noted concern about the dimension of the alley access way only
being 9.6 feet, the Planning & Zoning Board recommended denial of the vacation
request and that the alley be maintained for emergency use only in a manner
satisfactory to the Fire Marshal.
City Attorney Ansbro mentioned that statements made by Attorney Stacker indicated
that the alley was not a public alley, but an alleyway used for commercial purposes. He
stated that alleyways are dedicated to the perpetual use of the public and not intended
to be used for commercial purposes. It was his opinion that if the City determined there
was no public use for the alley, the City could take action to vacate it.
Mayor Bertino opened the public hearing.
Ruth Hutchins, 33 SE 4th Street, stated that her residential street has turned into a
commercial street and begged the Commission to return it to a residential use.
MINUTES -CITY OF DANIA BEACH 14
DECEMBER 14, 1999
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Dorothy Murray, 22 SE 4 Street, stated that her driveway was directly opposite the alley,
and when she backs her car out of her driveway, she takes her life in her hands 9 times
out of 10 due to the excess speed of vehicles and the amount of traffic exiting the alley.
Jennie Rubino Versaci, stated that the one-way alley is not just being used for one-way
traffic and that there may eventually be a head-on collision. She advised that the gate
was always left open and that no one pays attention to the one-way sign on the gate.
Vincent Rubino advised that years ago the 110' strip, which dead ends into a piece of
property, was only used for utility purposes and to allow the garbage trucks to pick up
garbage. He stated that it was not an alley because it does not go from street to street.
Mayor Bertino closed the public hearing.
A motion was made by Commissioner Cali by to approve Item 3.12 with the special
conditions requested by the Fire Marshal for emergency use of firefighting apparatus.
City Manager Smith advised that the Planning & Zoning Board recommended that the
alley be closed, not vacated, with the conditions set forth by the Fire Marshal.
Commissioner Cali amended his motion to close the alley with the requirements
stipulated by the Fire Marshal for emergency use of firefighting apparatus. After
passing the gavel, Mayor Bertino seconded the motion.
Commissioner Mikes expressed concern that the business owners did not meet with the
community regarding this issue.
Mayor Bertino expressed concern over the safety of children walking from Federal
Highway and turning down SE 4 Street to get to school.
In response to Commissioner Mikes, Fire Marshal Ed Tarmey expressed concern over
vacation of the alley. He stated that vacating the alley would not be conducive for fire
protection in the area; however closing the alley, with landscaping, would relieve the
traffic problem for the neighbors, and it could be done in a fashion that fire apparatus
could drive on it.
A motion was made by Commissioner Mikes to table Item 3.12 (VC-8-99) to the Regular
Meeting of January 11, 2001. The motion failed on the following 3/2 roll vote:
Commissioner Cali — no Commissioner Elting —yes
Commissioner Mikes— yes Vice-Mayor McElyea—no
Mayor Bertino— no
Commissioner Mikes asked City Attorney Ansbro whether the City could close the alley,
but not vacate it, and could the issue be re-addressed if there was a problem in the
future with fire department access. City Attorney Ansbro agreed that the issue could be
re-addressed.
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The original motion made by Commissioner Cali, seconded by Mayor Bertino, after
passing the gavel, to close the alley with the special conditions required by the Fire
Marshal, passed on the following 4/1 roll call vote:
Commissioner Cali —yes Commissioner Etling - no
Commissioner Mikes—yes Vice-Mayor McElyea — yes
Mayor Bertino - yes
City Manager Smith advised that the alley would be closed as quickly as staff could cut
the pavement and install the landscaping.
ITEM 6.2 WAS HEARD NEXT
4. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES
THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR
COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH)
MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE, WILL ATTEMPT TO
ADDRESS ALL MATTERS OR CONCERNS, IN THE EVENT THAT THE CONCERN REMAINS
UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION
DURING THE MEETING, COMMENTS SHALL BE LIMITED TO THREE (3)MINUTES.
5. EXPENDITURE REQUESTS
5.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,
MATERIALS AND EQUIPMENT IN THE AMOUNT OF $8,727.00 WITH COASTLINE
EQUIPMENT CO., INC., SOLE SOURCE PROVIDER OF A MULTI-PURPOSE
BUCKET FOR A FRONT-END LOADER FOR THE PUBLIC WORKS DEPARTMENT,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Manager Smith advised that this purchase was for accessory equipment for the
front-end loader that would be a labor saving device as well as a safety device.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Etling, to
adopt the Resolution authorizing the expenditure of$8,727.00. The motion passed on
the following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea— yes
Mayor Bertino - yes
5.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE FIRE HYDRANT AND REPAIR SERVICES FROM
MUELLER HYDRANT SERVICES AT A COST OF $35.000.00; SOLE SOURCE
PROVIDER, UNDER BROWARD COUNTY BID #P-10-96-01-24, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES - CITY OF DANIA BEACH 16 DECEMBER 14, 1999
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City Manager Smith advised that this expenditure was for maintaining and repairing all
the fire hydrants throughout the City.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Etling, to
adopt the Resolution approving the expenditure of$35,000.00. The motion passed on
the following 5/0 roll call vote:
Commissioner Cali—yes Commissioner Etlin
es
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
ITEM 6.5 WAS HEARD NEXT
6. DISCUSSION AND POSSIBLE ACTION
ITEM 6.1 WAS HEARD AFTER ITEM 6.3
6.1 Request by Bass Pro for a blanket approval to use temporary tents and trailers
for events from January 1, 2000 through December 31, 2000.
Richard Black, Promotions Manager, Bass Pro, requested a blanket permit for
temporary tents and trailers while hosting their fishing and hunting classic events.
A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to
approve the request by Bass Pro to use temporary tents and trailers for events from
January 1, 2000, through December 31, 2000. The motion passed on the following 5/0
roll call vote:
Commissioner Cali — yes Commissioner Etlin
Commissioner Mikes— es Vice-Mayor McElyea
- yes
Y a —yes
Mayor Bertino - yes
ITEM 6.10 WAS HEARD NEXT
ITEM 6.2 WAS HEARD AFTER ITEM 3.12
6.2 Request by Neptune Wholesale Co., Inc. to use temporary tent inside parking lot
at 768 East Dania Beach Boulevard for upcoming New Year's/Millennium
celebration.
Itsac Dickstein, Neptune Fireworks, was present to request the use of a temporary tent
for patrons who would be waiting in line outside to purchase fireworks for New Years.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to
approve the request for a temporary tent as submitted by Neptune Wholesale Co. Inc.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Commissioner Etlin
Commissioner Mikes — es Vice-Mayor McElyea
- Yes
Y a—yes
Mayor Bertino—yes
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'TEM 6.6 WAS HEARD NEXT
ITEM 6.3 WAS HEARD AFTER ITEM 6.6
6.3 Review of plans for Office Building at DCOTA Phase II.
Attorney Jerry Knight, Holland & Knight, P.A., representing the developer of the second
office building at DCOTA, provided information and plans for the 60,000 sq. ft. office
building. Bruce Phillips, Haskell Company, and Wayne Sebert, Continental Real Estate
Company, explained the plans for development.
ITEM 6.1 WAS HEARD NEXT
ITEM 6.4 WAS HEARD AFTER ITEM 6.10
6.4 Request for abatement of CEB98-0178 by Graves Museum of Archaeology and
Natural History, Inc. for property at 481 S. Federal Highway (continued from
11/09/99 regular meeting).
Attorney Carl Adler, representing the Graves Museum, advised that the Code
Enforcement Board recommended that the fine be abated from $46,000.00 down to
$2,500.00. He also advised that the museum received a $500,000.00 grant to improve
the second floor but the funds ran out because the entire building had to be brought up
to the City's minimum standards.
Charles Zidar, Assistant Director of the Graves Museum, stated that they were aware
that the violations did exist but were waiting on grant monies from the State before the
violations could be corrected. Mr. Zidar corrected Mr. Adler and advised that the Code
Enforcement Board recommended that the fine be abated to $1,000.00.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
abate the fine for CE898-0178 to $1,000.00. The motion passed on the following 4/0
roll call vote:
Commissioner Cali (out of room) Commissioner Etling - yes
Commissioner Mikes— yes Mayor Bertino- yes
Vice-Mayor McElyea —yes
ITEM 6.5 WAS HEARD AFTER ITEM 5.2
6.5 Request for abatement of CEB99-0217 by Sebastian Valetti for property at 4483
Treasure Cove Drive.
City Manager Smith advised that the applicant requested a continuance to January 11,
2000.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to
continue Item 6.5 (CEB99-0217) to the Regular Meeting of January 11, 2000. The
motion passed unanimously.
MINUTES -CITY OF DANIA BEACH 18 DECEMBER 14, 1999
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ITEM 6.6 WAS HEARD AFTER ITEM 6.2
6.6 Request for abatement of CEB99-0266 by Kathryn & Lawrence Fritz for property
at 4750 SW 27th Avenue.
Paoblo Annis, brother of Kathryn Fritz, insisted that the violation occurred on the
property adjacent to 4750 SW 27 Avenue and requested abatement of the fine.
William Johnson, Chief Zoning/Code Inspector, acknowledged that there was a code
violation on the adjacent property but there were also code violations on the property
located at 4750 SW 27 Avenue. He advised that the Code Enforcement Board
examined all the evidence that was presented and recommended that the $2,850,00
fine be abated to $300.00.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to
approve the Code Enforcement Board's recommendation to abate the fine for CEB99-
0266 to $300.00. The motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino —yes
ITEM 6.3 WAS HEARD NEXT
ITEM 6.7 WAS HEARD AFTER ITEM 6.5
6.7 Request for abatement of CEB98-0208 by E & I Investments, Inc. for property at
303 North Federal Highway.
Patty Hart, Realtor, was present to request abatement of the fine totaling $32,200.00.
City Manager Smith advised that the prior owner of the property was cited for
inappropriate outdoor storage. The new owner corrected the violation, however the
fines were still outstanding.
Commissioner Etling pointed out that the Code Enforcement Board recommended that
the fine be abated to $6,000,00.
A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to
impose the full amount of the lien totaling $32,200.00. The motion passed on the
following 3/2 roll call vote:
Commissioner Cali— yes Commissioner Etling - no
Commissioner Mikes— no Vice-Mayor McElyea— yes
Mayor Bertino - yes
6.8 Request for abatement of CEB99-0261 by Dominic Scotto, Lorenzo's Italian
Restaurant, for property at 1121 South Federal Highway.
Dominic Scotto was present to request an abatement of the fine totaling $7,600.00.
MINUTES - CITY OF DANIA BEACH 19 DECEMBER 14, 1999
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A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to
abate the fine on CEB99-0261 to $750.00 as recommended by the Code Enforcement
Board, with the condition that the fine be paid within 30 days of this approval. The
motion failed on the following 2/2 roll call vote:
Commissioner Cali— no Vice-Mayor McElyea —yes
Commissioner Etling - yes Mayor Bertino - no
Commissioner Mikes (out of room)
Mr. Scotto was advised that he must pay the entire fine of$7.600,00.
6.9 Discussion of expansion of ICE Cube Program at Chester Bryd Park.
Arlon Kennedy advised that the Hertz Company was willing to donate an additional
trailer to be used for the ICE CUBE Program and he requested approval to place it at
Chester Byrd Park.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve the expansion of the ICE CUBE Program to Chester Byrd Park with the
understanding that Broward County funds and grant funds be used to operate the
program and that there would be no cost to the City. The motion passed on the
following 5/0 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
ITEM 6.10 WAS HEARD AFTER ITEM 6.1
6.10 Discussion of status of Fire Station #93 site options.
Ken Land, Fire Chief, and Robert McDonald, Architect, presented plans for building Fire
Station #93 at the Tigertail Lake site. Mr. McDonald pointed out that the same design
was being proposed but reconfigured for the site
Mayor Bertino recommended that the building be set back more on the property.
Commissioner Etling felt that setting the buildings back on the site would make them
more aesthetically pleasing.
Commissioner Mikes expressed dissatisfaction with Staff and the Fire Department for
having plans prepared for a proposed station site without obtaining permission from the
City Commission. He stressed his concern that residents might not want a fire station at
this site, as was the case with the property on SW 30th Avenue. He felt that the City
should obtain public input from the surrounding residents. He opposed the idea of
building a second station prior to the outcome of the proposed annexation bill, which
would define the service areas. He also disagreed with further dredging of Tigertail
Lake.
MINUTES - CITY OF DANIA BEACH 20 DECEMBER 14, 1999
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City Manager Smith advised that the original 60-foot depth dredging of Tigertail Lake
was part of the permit application when the Bass Pro project began in 1994 and was
previously approved by the Commission. He stated that Broward County Station #32 is
a substandard facility and he would not recommend that the City's fire personnel be
housed there. He stated that the City must select a site that would meet the City's
service needs and mentioned that other sites in the area were investigated and were
not acceptable. He also felt that a co-location with Hollywood would not be financially
attractive to Dania Beach. Mr. Smith stated that the development of an additional Fire
Station for Dania Beach should not be entirely contingent upon annexation. He
reported that Station #93 exceeded the number of calls that Station #1 handled during
the past month. He explained that the drawing includes a Community Center that could
be used by the residents.
Vice-Mayor McElyea felt that the fill should be moved from the lake and construction of
the fire station should start immediately on the site.
Fire Chief Ken Land advised that $20,000 per year was being spent for the duplex that
housed Station #93 and he was not comfortable leaving his personnel there any longer.
The City Commission generally agreed that artist renderings of the proposed fire station
should be prepared and that the property be properly posted with notification of the
public hearing dates for Site Plan review.
BEM 6.4 WAS HEARD NEXT
6.11 Discussion of new technology from National League of Cities conference.
Item 6.11 was continued to the Regular Meeting of January 11, 2000.
6.12 Request by Florida East Coast Railway Company for a six-month temporary
occupancy for Finish Line Feed from January 2000 until June 2000 in reference
to VA-66-99 and SP-67-99.
The owner of Finish Line Feed was present to request temporary occupancy.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve temporary occupancy for Finish Line Feed from January 2000 to April 30,
2000, with the understanding that the petitioner would not use large trucks or block
traffic on SW 3rd Avenue. The motion passed on the following 4/1 roll call vote:
Commissioner Cali — yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea — no
Mayor Bertino - yes
6.13 Update on Pier Restaurant Proposal.
Item 6.13 was continued to the Regular Meeting of January 11, 2000.
MINUTES -CITY OF DANIA BEACH 21 DECEMBER 14, 1999
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4DDENDUM
6.14 Discussion of sign agreement with Port 95.
Attorney Barbara Hall, Greenberg, Traurig, et al, explained that signage at Griffin Road
& SW 30th Avenue marking the entrance to the Port 95 Commerce Center was
approved and installed along with median landscaping when the property was located in
unincorporated Broward County. The original signage that was installed was not very
attractive and became outdated. Port 95 was in the process of replacing the signage
when they were stopped by City of Dania Beach inspectors because the property is now
located within the city limits of Dania Beach. She asked for conceptual approval to go
forward with an ordinance that would enable the sign to be replaced within the median
and would be subject to a license agreement. She stated that City Manager Smith
advised her that it would be appropriate for a contribution to the landscape fund for
Griffin Road in exchange for the use of the median for signage. She advised that the
Port 95 Commerce Center had agreed to make a contribution of$10,000.00 to the
landscape fund. She also advised that $1,500.00 was given to City Attorney Ansbro for
cost recovery fees for drafting the ordinance and the license agreement.
Commissioner Mikes was willing to listen to a proposal and agreed with the contribution
to the tree fund but would also like to see an annual agreement for maintaining the
landscaping in the median.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to allow
the Port 95 Commerce Center the opportunity to submit a conceptual proposal to City
Attorney Ansbro that would include a contribution of$10,000.00 to the City's Tree Fund
and ongoing maintenance of the landscaping in the median. The motion passed on the
following 3/2 roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes —yes Vice-Mayor McElyea — no
Mayor Bertino— no
City Attorney Ansbro was directed to bring back a recommendation to the City
Commission.
ITEM 3.1 WAS HEARD NEXT
7.
8. APPOINTMENTS —NO APPOINTMENTS WERE MADE
7.1 Appointment of 1 member on the Airport Advisory Board.
7.2 Appointment of 1 member on Dania Housing Authority.
7.3 Appointment of 1 member on the Economic Development and Downtown
Redevelopment Board.
7.4 Appointment of 1 member on Human Relations Board.
7.5 Appointment of 1 member on the Marine Advisory Board.
7.6 Appointment of 2 members on the Occupational License Review Advisory Board.
7.7 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory
Board.
MINUTES - CITY OF DANIA BEACH 22 DECEMBER 14, 1999
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8. ADMINISTRATIVE REPORTS— NO COMMENTS
8.1 City Manager— no comments
8.2 City Attorney—no comments
9. COMMISSION COMMENTS - NO COMMENTS
9.1 Commissioner Cali
9.2 Commissioner Etling
9.3 Commissioner Mikes
9.4 Vice-Mayor McElyea
9.5 Mayor Bertino
This meeting adjourned at 1:20 a.m.AST: Mayor—Commissioner
Acting City Clerk
Respectfully submitted by Nanci Denny
APPROVED: AUGUST 14, 2001
MINUTES -CITY OF DANIA BEACH 23 DECEMBER 14, 1999
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MINUTES SUMMARY
DANIA BEACH CITY COMMISSION
REGULAR MEETING
DECEMBER 14, 1999
MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL
Present:
Mayor: John Bertino
Vice-Mayor: Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
PRESENTATIONS
a) BSO-"Deputy of the Month"—no award.
b) Mohammad Qureshi, Dania Beach Cricket Club, thanked the City Administration,
City Commissioners, especially Mardie Holloway, Sports Coordinator, for support of the
Cricket games at Frost Park, Mr. Qureshi presented the City with a gift of a wooden
eagle from Thailand for the year 2000. He mentioned plans for a United States Cricket
Tournament in the year 2000 in Florida that will include teams from Australia and
England.
c) Presentation of Awards for Main Street, Inc.
Michael Garrett, Director of Main Street, Inc., acknowledged the Board of Directors of
Main Street for the success of the Tomato Festival held November 12, 1999, and
introduced Antonietta Nicosia, who was crowned Tomato Queen. Lisa Skinner,
Promotions Chair, and Benjamin Wohl, President of Main Street, were also present.
Awards were presented to Sheriff Kenneth Jenne for Grand Marshal and State
Representative Tim Ryan for Deputy Grand Marshal in the Tomato Festival parade. Mr.
Garrett presented additional awards as follows:
4 Best Floats: 1s' Place-Best Float awarded to Greater Chamber of Commerce; 2nd.
Place for Best Non-Musical Marching Unit awarded to The 71" Florida Volunteer Infantry,
Company B, and 11516 New York Volunteers; 3`d Place- Best Decorated Float awarded
to the Lion's Club for its'Christmas Float; 4'" Place-Best Overall Theme- Ice Cube
Program for"The Time is Right"theme. Mr. Garrett advised that all winners received gift
certificates from various businesses and restaurants in the City.
MINUTES SUMMARY-
CITYOFDANIA BEACH 1 DECEMBER 14, 1999
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Mr. Garrett thanked City staff members and the City Commission for their support of the
Tomato Festival event and awarded special plaques to members of the Public Works
and Parks & Recreation Departments for their help.
Benjamin Wohl, President of Main Street, thanked City staff members, the City
Commission, and all of the volunteers who donated their time with the event. He
presented the City of Dania Beach with a check covering 50% of the $5.000.00 that was
contributed to Main Street from the City for the event. He was pleased that the event
was so successful and asked that the City Commission consider providing assistance
next year for another event.
Due to the success of the event, a motion was made by Commissioner Mikes, seconded
by Commissioner Cali, to return the check to Main Street for seed money for next year's
Tomato Festival.
The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling-yes
Commissioner Mikes—yes Vice-Mayor McElyea—yes
Mayor Bertino-yes
Charles Zidar presented awards for the 29'. Annual "Taste of Dania Beach" event and
awarded the following:
Best Main Dish—Docker's Bar&Grille; Corporate Condiment winner-Jackson's Ice
Cream; Corporate Appetizer and Side Dish winner—Kings Head Pub; Beverage-
Greater Dania Chamber of Commerce; Individual Condiment—Ruth Hutchings;
Individual Best Side Dish- Lorraine Busey.
d) Presentation by Dania Elementary School on historical project.- CONTINUED
01/11/2000.
PROCLAMATIONS
a) A Proclamation declaring Saturday. January 8, 2000 as "Bishop Harvey David
Bryan, Jr. Day" in the City of Dania Beach.
b) A proclamation recognizing the designation of the International Game Fishing
Association's (IGFA) Hall of Fame and Museum as a Coastal America Ecosystem
Learning Center.
ITEMS PULLED FROM THE CONSENT AGENDA: ITEMS 1.6 1.8 1.9, 1.10, 1.11 AND ADDED
ITEM 1.12.
1. CONSENTAGENDA
Bills:
1.1 Approval of Bills for the month of September, 1999
1.2 Approval of Bills for the month of October, 1999.
MINUTES SUMMARY-
CITY OF DANIA BEACH 2 DECEMBER 14, 1999
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Resolutions:
1.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE AGREEMENT BETWEEN HISTORIC PROPERTY
ASSOCIATES, INC., FOR CONSULTING SERVICES FOR HISTORIC
PRESERVATION UNDER THE STATE OF FLORIDA, DEPARTMENT
OF STATE, DIVISION OF HISTORICAL RESOURCES GRANT;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
(CAD99.058 GROWTH MANAGEMENT)
1.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE RENEWAL OF STATE OF FLORIDA, DEPARTMENT
OF JUVENILE JUSTICE, GRANT FOR THE PERIOD NOVEMBER 1,
1999 THROUGH OCTOBER 31, 2000, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
(CAD99.102 CITY MANAGER)
1.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE SUBMISSION OF FRANK C. "TOOTIE" ADLER'S
NAME AS THE CITY'S NOMINATION TO THE FLORIDA LEAGUE OF
CITIES FOR THE GREAT FLORIDIANS 2000 AWARD; PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
(CAD99.103 CITY MANAGER)
1.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PERTAINING TO RESOLUTION 28-85, WHICH
PRESCRIBES RULES OF PROCEDURE FOR CITY COMMISSION
MEETINGS; REPEALING SUBSECTION 6.1 ("ORDER OF BUSINESS")
OF SUCH RESOLUTION IN ITS ENTIRETY AND REPLACING IT WITH
A NEW ORDER OF BUSINESS FOR THE PURPOSE OF PROVIDING
FOR UNIFORMITY AND CONSISTENCY IN THE MANNER AND
ORDER IN WHICH ITEMS ARE PLACED ON THE AGENDA;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
(CAD99.016 ADMINISTRATIVE SERVICES)
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY COMMISSIONER CALL
APPROVING THE CONSENT AGENDA WITH THE EXCLUSION OF ITEMS 1.5, 1.8, 1.9, 1.10, 1.11
AND 1.12.
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCELYEA—YES
MAYOR BERTINO-YES
MINUTES SUMMARY-
CITY OF DANIA BEACH 3 DECEMBER 14, 1999
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1.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
SUPPORTING THE INCLUSION OF THE 5,37 ACRE TRACT OF LAND
ABUTTING THE CITY OF DANIA BEACH AT SE 5T" AVENUE AND
SHERIDAN STREET AND ADJACENT TO WEST LAKE AT THE
SOUTHEAST CORNER OF SHERIDAN STREET AND 14TH AVENUE
NORTH INTO WEST LAKE PARK; PROVIDING FOR CONFLICTS,
FURTHER, PROVIDING AN EFFECTIVE DATE,
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BYCOMMISSIONER CALI,
ADOPTING THE RESOLUTION,
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER EYEING-YES
COMMISSIONER MIKES-YES
MAYOR BERTINO-YES VICE-MA___YOR IyCELYEA-YES
Ordinances- Title to be read by city attorney
1.8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF
DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE
LOCATION OF SCHOOL FACILITIES WITHIN THE CITY OF DANIA
BEACH; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE
CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING OF ORDINANCE)
A MOTION WAS MADE BY COMMIS, Y C
AD IONER ETLING SECONDED BY MIKES
OPTING THE ORDINANCE ON FIRST READING.
THE MOTION PASSED�E FOLLOWING ROLL CA L L VOTE,
COMM_ ISSIONER CAL__ l_yES
COMMISSIONCOMMISSIONER EYEING-YES
ER MIKES-YES
MAYOR BE RTINp_yEG VICE-MAYOR MCELYEA-YES
1.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
ADOPTING THE LAND USE PLAN CHANGE FROM LOW (5)
RESIDENTIAL TO OFFICE PARK (OP) PERTAINING TO A PARCEL OF
LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE
SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD
ROAD, NORTH OF GRIFFIN RD. AND EAST OF SW 28TH AVENUE
EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED
IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING OF ORDINANCE).
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY COMMISSIONER CALI
ADOPTING THE ORDINANCE ON FIRST READING WITH THE CHANGE IN THE ORDINANCE
TITLE FROM SW 28'H AVENUE TO S W 23RD AVENUE.
MINUTES SUMMARY-
CITY OF DANIA BEACH 4
DECEMBER 14, 1999
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THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
1.10 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF
DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL
TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND
CONTAINING 2.0674 ACRES MORE OR LESS LOCATED ON THE
NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK
EAST OF S.E. 5T" AVENUE IN THE CITY OF DANIA BEACH AND
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 48 FLEX
UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF
ORDINANCE).
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY COMMISSIONER CALL
NCE ON FI R
ADOPTING THE ORDINANCE READING.
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES _ VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
1.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY KEVIN GUTHARD,
REPRESENTATIVE FOR TRAFALGAR ASSOCIATES, INC., FOR
PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH,
FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE
CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2
(COMMERCIAL) TO THE CLASSIFICATION OF RM-25 (RESIDENTIAL
MEDIUM HIGH - 25), SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING OF ORDINANCE).
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING
ADOPTING THE ORDINANCE ON FIRST READING
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
MINUTES SUMMARY-
CITY OF DANIA BEACH 5 DECEMBER 14, 1999
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1.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA.
HONORING THE PIONEERING EFFORTS OF THE CITY OF DANIA
BEACH AS BROWARD COUNTY'S OLDEST CITY; PROVIDING FOR
AN EFFECTIVE DATE.
A MOTION WAS MADE BY COMMISSIONER MIKES, SECONDED BY COMMISSIONER ETLING,
ADOPTING THE RESOLUTION.
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCELYEA-YES
MAYOR BERTINO-YES
2. BIDS/RFPS:-NONE
3. PUBLIC HEARINGS AND SITE PLANS
3.1 (CONTINUED PUBLIC HEARING FROM 11/23/99)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE
OF ORDINANCES, WHICH SECTION IS ENTITLED "ESTABLISHED;
INTENT; COMPOSITION; TERM", OF ARTICLE VII, ENTITLED
"NUISANCE ABATEMENT BOARD", OF CHAPTER 17, ENTITLED
"OFFENSES - MISCELLANEOUS", TO CHANGE THE LENGTH OF
BOARD MEMBERS' TERMS FROM ONE (1) YEAR TO TWO (2) YEARS
AND DESIGNATE THE EXPIRATION OF SUCH TERMS; PROVIDING
FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF
ORDINANCE)
(CAD99.072 GROWTH MANAGEMENT)
A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY COMMISSIONER MIKES,
ADOPTING THE ORDINANCE ON SECOND READING,
THE MOTION PASSED ON THE FOLLOWING ROLL CALL VOTE:
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCELYEA-YES
MAYOR BERTINO-YES
3.2 AN ORDINANCE PERTAINING TO ARTICLE IV OF CHAPTER 13,
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER
TO AMEND SEC. 13-68, DEFINITIONS; AMENDING SEC. 13-69,
PROVIDING FOR A CHANGE IN CITY SOLID WASTE COLLECTION
SERVICES INCLUDING THOSE FOR CERTAIN MULTIRESIDENTIAL
BUILDINGS, AND PROVIDING FOR THE PICKUP OF RECYCLABLES;
AMENDING SEC. 13-70 TO REVISE PROVISIONS RELATING TO
PRIVATE COLLECTION SERVICE OF MULTIRESIDENTIAL
BUILDINGS; AMENDING SEC. 13-71 TO REVISE PROVISIONS TO
MINUTES SUMMARY-
CITY OF DANIA BEACH 6 DECEMBER 14, 1999
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INCLUDE BULK TRASH AND RECYCLABLES IN COLLECTION
HOURS RESTRICTIONS; AMENDING SEC. 13-72 TO PROVIDE THAT
CLAIMS FOR REFUNDS AND ADJUSTMENTS OF GARBAGE OR
TRASH CHARGES BE MADE TO THE FINANCE DIRECTOR;
AMENDING SEC. 13-74 TO REVISE REGULATIONS PERTAINING TO
THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BY
PRIVATE HAULERS; PROVIDING A CONFLICT CLAUSE, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING OF ORDINANCE)
(CAD99 075 PUBLIC WORKS)
VICE MAYOR MCELYEA REQUESTED A CHANGE ON THE FLYER GOING OUT FROM PUBLIC
WORKS IN REGARDS TO ULK TRA
BSH PICKUP AND CONFIRMED WITH THE CITY MANAGER
THAT THE ORDINANCE ONLY AFFECTS MULTI-FAMILY RESIDENTS UP TO 4 UNITS,AND NOT
PRIVATE HAULERS
A MOTION WAS MADE BY COMMISSIONER ETLING,SECONDED BY COMMISSIONER CALI,
ADOPTING THE ORDINANCE ON SECOND READING.
THE MOTION PASSED ON THE FOLLOWING 411 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCELYEA—NO
MAYOR BERTINO-YES
3.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND
PROCESSING CERTAIN APPLICATIONS FOR ZONING
DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS
ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH
ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE
"INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM
SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT
INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING
UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER
TYPES OF COMMERCIAL USES AS MORE PARTICULARLY
PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR.
(FIRST READING OF ORDINANCE)
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING
ADOPTING THE ORDINANCE ON FIRST READING
THE MOTION PASSED ON THE FOLLOWING 410 ROLL CALL VOTE.
COMMISSIONER CALI—OUT OF ROOM COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYORMCELYEA—YES
MAYOR BERTINO-YES
MINUTES SUMMARY-
CITY OF DANIA BEACH 7 DECEMBER 14, 1999
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(CONTINUANCE REQUESTED BY PETITIONER)
3.4 SA (VA-25-98) - Sign Adjustment request by Phil Glassman, Manager/Lessee of
the Dania Shopping Center, located at 126 South Federal Hwy., Dania Beach, for a sign
adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 - Downtown
Dania Beach Redevelopment District Sign Regulations.
A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY VICE MAYOR MCELYEA,
CONTINUING THE SIGN ADJUSTMENT SA(VA-25-98) REQUEST BY PHIL GLASSMAN WITH THE
CONDITION THAT A FULL SITE PLAN BE SUBMITTED TO THE GROWTH MANAGEMENT
DEPARTMENT BY JANUARY 10r"FOR INCLUSION ON THE FEBRUARY PLANNING &ZONING
BOARD AGENDA AND THEN BROUGHT BACK TO THE CITY COMMISSION FOR THE FIRST
MEETING IN MARCH 2O00.
THE MOTION PASSED ON THE FOLLOWING 411 ROLL CALL VOTE:
COMMISSIONER CALI-NO COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA YES
MAYOR BERTINO-YES
3.5 VA-77-99-Variance request by Roman E. Gzyl from Chapter 28, Article 4.20
Schedule of Lot Yard and Bulk Regulations for relief from 20' of front yard set back in
conjunction with the placement of a canvas car cover. Property located at 4611 SW
34th Avenue, Dania Beach, Florida.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED
BY ROMAN GZYL, FROM CHAPTER 28, ARTICLE 4.20 SCHEDULE
OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY
LOCATED AT 4611 SW 34T" AVE., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING
DENYING VA-77-99 AS RECOMMENDED BY THE PLANNING&ZONING BOARD.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE.•
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
3.6 VA-76-99-Variance request by Pascal Richer from Chapter 28, Zoning, Article
5, Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr. Richer
would like to request a fence height in the front yard of 6 feet limited to 4 feet for property
located at 255 South Dixie Hwy., Dania Beach.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED
BY PASCAL RICHER, FROM CHAPTER 28, ARTICLE 5,
SUPPLEMENTARY LOT REGULATIONS, SECTION 5.36, WALLS,
FENCES AND HEDGES, FOR PROPERTY LOCATED AT 255 SOUTH
DIXIE HWY., DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES SUMMARY-
CITY OF DANIA BEACH 8 DECEMBER 14, 1999
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A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY COMMISSIONER MIKES
CONTINUING VA-76-99 TO JANUARY 11 2000 MEETING SO THAT NOTICE CAN BE PROPERLY
POSTED IN A CONSPICUOUS LOCATION ON THE SITE
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCEL YEA—YES
MAYOR BERTINO-YES
3.7 SA-75-99- Request for Sign Adjustment approval by Roger M. Pomerance, P.A.,
Attorney and Representative for Chevron USA, 345 North Federal Highway (Chevron
Gasoline Station).
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST
SUBMITTED BY CHEVRON U.S.A., INC., FROM CHAPTER 28,
ZONING, ARTICLE 28, SIGNS, SECTION 28.160, 2(A)(III), SECTION
28.170(1) AND SECTION 28.170(2) SIGN REGULATIONS, FOR
PROPERTY LOCATED AT 345 NORTH FEDERAL HWY,, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE,
A MOTION WAS MADE BY COMMISSIONER CALI. SECONDED BY COMMISSIONER MIKES
CONTINUING SA-75_99 TO JANUARY 11, 2000 MEETING.
THE MOTION PASSED ON THE FOLLOWING 5/0 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCELYEA—YES
MAYOR BERTINO-YES —
3.8 SA-64-99 - Sign Adjustment request by Richard Lowy, owner of'Dania Discount
Drugs, Inc.", from Chapter 28, Zoning,Article 27, Signs, Section 27.160- Downtown
Dania Beach Redevelopment District Sign Regulations. Property located at 16-18 South
Federal Hwy., Dania Beach,
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST
SUBMITTED BY RICHARD LOWY, OWNER DANIA DISCOUNT
DRUGS, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS,
SECTION 28.160. SIGN REGULATIONS, FOR PROPERTY LOCATED
AT 16-18 SOUTH FEDERAL HWY. , DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY COMMISSIONER MIKES
ADOPTING RESOLUTION APPROVING SA-64-99 WITH CONDITIONS AS FOLLOWS: 1
REMOVAL OF ALL WINDOW SIGNS•(2) REMOVAL OF WHITE PLASTIC MARQUEE SIGNS•(3)
THE"LIGGETTE REXALL DRUGS"WALL SIGN MAY REMAIN IN FRONT•(4) REMOVAL OF
`PARKING IN REAR"SIGNS;(5) CHANGE LIGGETTE TO REXALL ON VERTICAL SIGN IN
FRONT,•(6) THE MONUMENT SIGN IN REAR WILL BE REDUCED TO MEET CODE RQUIREMENT•
(7) THE REAR WALL SIGN WILL BE 9X2 FEET;(8) DUMPSTER ENCLOSURE WILL MEET CODE:
(9) IN PARKING LOT LANDSCAPING HEDGE WILL BE ADDED WITH AT LEAST TWO(2)
ALEXANDER PALM TREES AND TWO(2)ADDITIONAL ALEXANDER PALM TREES WILL BE
MINUTES SUMMARY-
CITY OF DANIA BEACH 9 DECEMBER 14, 1999
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ADDED ON EACH SIDE OF MONUMENT SIGN WITH LANDSCAPING 10 COLOR OF BUILDING
WILL BE WORKED OUT WITH MAINSTREET PROGRAM BE COMPLETED WITHI MANAGER•(11)ALL CHANGES WILL
N 180 DAYS:(121 LANDSCAPING MUST BE MAINTAINED.
THE MOTION PASSED ON THE FOLLOWING 411 ROLL CALL VOTE•
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONERMIKES—YES VICE•MAYORMCELVEA—YES
MAYOR BERTINO-NO
3.9 SP-63-99—Request for site plan approval by Claudette &Athanasios Zavalis for
installation of a parking lot associated with renovation of the existing 1,000 +/- sq. ft.
building located on the south side of Griffin Road, between SW 29"' Terrace, at address
2970 Griffin Road.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA.
APPROVING THE SITE PLAN REQUEST SUBMITTED BY CLAUDETTE
& ATHANASIOS ZAVALIS FOR PROPERTY LOCATED AT 2970
GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI, SECONDED BY VICE MAYOR MCELYEA AGREEING THAT THE DOCUMENTATION/S SUFFICIENT EVIDENCE TO PROVE CONTINUED
BUSINESS USE.
THE MOTION PASSED ON THE FOLLOWING 311 ROLL CALL VOTE WITH COMMISSIONER
EYEING OUT OF THE RbUj. —
COMMIS 31ONER CALI—YES COMMISSIONER MIKES—NO
VICE-MAYOR MCELYEA—YES MAYOR BERT/NO-YES
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY VICE MAYOR MCELYEA
ADOPTING THE RESOLUTION APPROVING SITE PLAN(SP-63.99 DATED SEPTEMBER 22 19991
WITH A CHANGE FROM THE FIVE RED MAPLE TREES TO FIVE GUMBO LIMBO TREES IN THE BACK TO PROVIDE A FULLER SEPARATION.
THE MOTION PASSED ON THE FOLLOWING 410 ROLL CALL VOTE WITH COMMISSIONER
ETLING OUT OF THE ROOM•
COMMISSIONER CALI—YES COMMISSIONER MIKES—YES
VICE-MAYOR MCELYEA—YES MAYOR BERTINO-YES
AT 11:55 P.M. A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY
COMMISSIONER ETLING CONTINUING THE MEETING TO 12:30 A.M. THE MOTION PASSED
UNANIMOUSLY.
3.10 SP-65-99—Request for Site Plan approval by Kevin Dillon, Tanger Retail Center,
for construction of 130,000 square feet of retail use, known as Tanger Outlet Shops, to
be located at approximately 200 Gulfstream Way, Dania Beach (Bass Pro/Outdoor
World Park).
MINUTES SUMMARY-
CITY OF DANIA BEACH 10 DECEMBER 14, 1999
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"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE SITE PLAN REQUEST SUBMITTED BY KEVIN
DILLON, TANGER PROPERTIES LIMITED PARTNERSHIP, FOR
PROPERTY LOCATED AT 200 GULFSTREAM WAY, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY COMMISSIONER MIKES
ADOPTING THE RESOLUTION APPROVING SITE PLAN SP-65-99 WITH THE FOLLOWING
CONDITIONS:(1) STAFF RECOMMENDATIONS INCLUDED IN BACKUP:(2) CHANGE TH_E
THREE AND FIVE PALM CLUSTERS OF FOX TAILS BY REPLACING ONE FOX TAIL WITH A
ROYAL PALM TREE IN EACH CLUSTER FOR LANDSCAPING CONTINUITY WITH THE BASS
PRO PROJECT (3) CONTINUE THE STONE APPEARANCE AROUND THE SIDE OF THE
BUILDING IN THE BACK WITH EXPOSURE TO I-95;(4) NOTICE DANIA BEACH IN ALL
ADVERTISING. -
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE.
COMMISSIONER CALI-YES COMMISSIONER ETL/NG-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
3.11 SP-80-99- Request for site plan approval by Albert F. Webber III, P.E.,
representing Michael Simmons, President of Port Petroleum, Inc., for the proposed
construction of a concrete containment area and installation of 12 vertical oil storage
tanks with an asphalt access drive to be located at 3141 SE 141"Avenue, Dania Beach
(Port Everglades).
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE SITE PLAN REQUEST SUBMITTED BY ALBERT F.
WEBBER III, P.E. REPRESENTING MICHAEL SIMMONS, PRESIDENT
OF PORT PETROLEUM, INC., FOR PROPERTY LOCATED AT 3141 SE
14T" AVENUE, PORT EVERGLADES, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLINGs
ADOPTING THE RESOLUTION APPROVING SP-80-99.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE.
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCELYEA-YES
MAYOR BERTINO-YES
3.12 VC-89-99-Vacation Request by the City of Dania Beach to vacate 1,650 sq. ft.
of alley easement located at the rear of 333 South Federal Hwy., Dania Beach, FL.
C( AD99.104 PUBLIC WORKS)
THE MOTION MADE BY COMMISSIONER MIKES TABLING VC-89.99 TO THE JANUARY 11, 2000
MEETING FAILED ON A 312 VOTE AS FOLLOWS:
MINUTES SUMMARY-
CITY OF DANIA BEACH 11 DECEMBER 14, 1999
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COMMISSIONER CALI-NO COMMISSIONER ETLING-YES
COMMISSIONER MIKES=YES VICE-MAYOR MCEL YEA-NO
MAYOR BER TIN O-NO
THE ORIGINAL MOTION MADE BY COMMISSIONER CALI SECONDED BY MAYOR BERTINO,
AFTER PASSING THE GAVEL CLOSING THE ALLEY WITH THE REQUIRED CONDITIONS
PRESENTED BY THE FIRE MARSHAL PASSED ON THE FOLLOWING 411 ROLL CALL VOTE:.
COMMISSIONER CALI-YES COMMISSIONER ETLING-NO
COMMISSIONER MIKES-YES VICE-MAYOR MCELYEA-YES
MAYOR BERTINO-YES ---
CITY MANAGER SMITH ADVISED THAT THE ALLEY WOULD BE CLOSED AS QUICKLYAS
STAFF CAN CUT THE PAVEMENT AND INSTALL THE LANDSCAPING.
4. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR
COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(ZND)AND FOURTH(4TH)MONDAY OF EACH
MONTH.THE CITY MANAGER,OR HIS DESIGNEE,WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS.
IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S)OR PARTY WILL BE ASKED TO
ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE (3)
MINUTES.
5. EXPENDITURE REQUESTS
5.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE
PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND
EQUIPMENT IN THE AMOUNT OF $8,727.00 WITH COASTLINE
EQUIPMENT CO., INC., SOLE SOURCE PROVIDER OF A MULTI-
PURPOSE BUCKET FOR A FRONT-END LOADER FOR THE PUBLIC
WORKS DEPARTMENT, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(CAD99.094 PUBLIC WORD
A MOTION WAS MADE BY VICE MAYOR MCELYEA, SECONDED BY COMMISSIONER ETLING
ADOPTING THE RESOLUTION.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE.
COMMISSIONER CALI-YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES VICE-MAYOR MCEL YEA-YES
MAYOR BERTINO-YES
5.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO PURCHASE FIRE HYDRANT
AND REPAIR SERVICES FROM MUELLER HYDRANT SERVICES AT A
COST OF$35,000.00; SOLE SOURCE PROVIDER, UNDER BROWARD
COUNTY BID#P-10-96-01-24, WITHOUT COMPETITIVE BIDDING AND
MINUTES SUMMARY-
CITY OF DANIA BEACH 12 DECEMBER 14, 1999
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WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(CAD99.105 F1RER
A MOTION WAS MADE BY VICE MAYOR MCELYEA. SECONDED BY COMMISSIONER ETLING+
ADOPTING THE RESOLUTION.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE.
COMMISSIONER CALI.—YES _ COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCELYEA—YES
MAYOR BERTINO-YES
6. DISCUSSION AND POSSIBLE ACTION
6.1 Request by Bass Pro for a blanket approval to use temporary tents and trailers
for events from January 1, 2000 through December 31, 2000.
(CAD99.106 GROWTH MANAGEMENT)
A MOTION WAS MADE BY COMMISSIONER CALL SECONDED BY VICE MAYOR MCELYEA,
APPROVING THE REQUEST FOR BASS PRO TO USE TEMPORARY TENTS AND TRAILERS FOR
EVENTS FROM JANUARY 1 2000 THROUGH DECEMBER 31 2000.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE•MAYOR MCELYEA—YES
MAYOR BER TIN 0-YES
6.2 Request by Neptune Wholesale Co., Inc. to use temporary tent inside parking lot
at 768 East Dania Beach Boulevard for upcoming New Year's/Millennium celebration.
SECONDED BY
APPROVING THE REQUEST AS SUBMITTED BY NEPTUNE WHOLESALE CO.SNC.ER CALI,
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING•YES
COMMISSIONER MIKES—YES VICE
COMMISSIONER MCELYEA—YES
MAYOR BERTINO-YES
6.3 Review of plans for Office Building at DCOTA Phase ll.
GERRY KNIGHT HOLLAND&KNIGHT P.A. PROVIDED INFORMATION AND PLANS FOR THE
SECOND OFFICE BUILDING 60 000 SQ.FT. OF THE DESIGN CENTER OF THE AMER(CAS
HOTEL OFFICE COMPLEX. BRUCE PHILLIPS HASKELL COMPANIES AND WAYNE SEBERT,
CONTINENTAL REAL ESTATE COMPANIES, WERE PRESENT TO EXPLAIN THE PLANS FOR
DEVELOPMENT.
MINUTES SUMMARY-
CITY OF DANIA BEACH 13 DECEMBER 14, 1999
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6.4 Request for abatement of CEB98-0178 by Graves Museum of Archaeology and
Natural History, Inc. for property at 481 S. Federal Highway (continued from 11/09/99
regular meeting).
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY COMMISSIONER EYEING ABATING CEB98-0178 TO$1,000.00..
THE MOTION PASSED ON THE FO
OUT OF THE ROOM: LL—OWING 4/0 ROLL CALL VOTE WITH COMMISSIONER CALI
COMMISSIONER ETLING-YES COMMISSIONER MIKES—YES
VICE-MAYOR MCELYEA—YES MAYOR BERTINO-YES
6.5 Request for abatement of CES99-0217 by Sebastian Valetti for property at 4483
Treasure Cove Drive,
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY VICE MAYOR MCELYEA CONTINUING CE899-0217 TO JANUARY 11. 2000 MEETING THE MOTION PASSED UNANIMOUSLY.
6.6 Request for abatement of CEB99-0266 by Kathryn & Lawrence Fritz for property
at 4750 SW 2716 Avenue.
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY COMMISSIONER MIKES APPROVING THE CODE BOARD RECOMMENDATION TO ABATE THE LIEN TO$300 00
THE MOTION PASSED ON THE FOLLOWING 5/0 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCELYEA—YES
MAYOR BERT/NO-YES
6.7 Request for abatement of CEB98-0208 by E & I Investments, Inc. for property at
303 N Federal Highway.
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY VICE MAYOR MCELYEA
REIMPOSING THE FULL AMOUNT OF THE LIEN O/ 32 200.00.
THE MOTION PASSED ON THE FOLLOWING 312 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING NO
COMMISSIONER MIKES—NO VICE-MAYOR MCELYEA—YES
MAYOR BERTINO-YES —
6.8 Request for abatement of CEB99-0261 by Dominic Scotto, Lorenzo's Italian
Restaurant, for property at 1121 S Federal Highway.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY VICE MAYOR MCELYEA ABATING CEB99-0261 DOWN TO$750 00 WITH THE CONDITION THAT THE FINE BE PAID WITHIN 30 DAYS OF THIS APPROVAL.
MINUTES SUMMARY-
CITY OF DANIA BEACH 14 DECEMBER 14, 1999
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THE MOTION FAILED ON THE FOLLOWING 212 ROLL CALL VOTE WITH COMMISSIONER MIKES
OUT OF THE ROOM.
COMMISSIONER CALI—NO _ COMMISSIONER ETLING-YES
VICE-MAYOR MCEL YEA—YES MAYOR BERTINO-NO
6.9 Discussion of expansion of ICE Cube Program at Chester Bryd Park.
A MOTION WAS MADE BY COMMISSIONER CALI. SECONDED BY COMMISSIONER ETLING,
APPROVING THE EXPANSION OF THE ICE CUBE PROGRAM TO CHESTER BYRD PARK WITH
THE UNDERSTANDING THAT BROWARD COUNTY FUNDS AND GRANT FUNDS WOULD BE
USED TO OPERATE THE PROGRAM AND THAT THERE WOULD NOT BE ANY COST TO THE
CITY.
THE MOTION PASSED ON THE FOLLOWING 510 ROLL CALL VOTE:
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCEL YEA—YES
MAYOR BERTINO-YES
6.10 Discussion of status of Fire Station#93 site options.
(CAD99.013 FIRE)
KEN LAND, FIRE CHIEF, PRESENTED PLANS FOR BUILDING FIRE STATION#93 AT TIGERTAIL
LAKE SITE.
COMMISSIONER MIKES EXPRESSED DISSATISFACTION WITH FIRE STAFF PREPARING
PLANS FOR THE PROPOSED STATION SITE WITHOUT OBTAINING PERMISSION FROM THE
CITY COMMISSION. HE STRESSED HIS CONCERN THAT RESIDENTS MAY NOT WANT THE
SITE AS WAS THE RESULT WITH THE ALANDCO PROPERTY AND THAT THE CITY SHOULD
OBTAIN PUBLIC INPUT FROM THE SURROUNDING RESIDENTS. COMMISSIONER MIKES
OPPOSED THE IDEA OF BUILDING A SECOND STATION PRIOR TO CONSIDERING THE
RESULT OF THE PROPOSED ANNEXATION BILL, WHICH WILL DEFINE THE SERVICE AREAS,
AND DISAGREED WITH FURTHER DREDGING OF TIGERTAIL LAKE.
CITY MANAGER SMITH ADVISED THAT THE ORIGINAL 60 FOOT DEPTH DREDGING OF
TIGERTAIL LAKE WAS PART OF THE PERMIT APPLICATION WHEN THE BASS PRO PROJECT
BEGAN IN 1994 AND WAS PREVIOUSLY APPROVED BY THE COMMISSION. BROWARD
COUNTY STATION#32 IS SUBSTANDARD FOR THE CITY'S FIRE PERSONNEL AND THE CITY
MUST SELECT A SITE THAT WILL MEET THE CITY'S SERVICE NEEDS. OTHER SITES IN THE
AREA WERE INVESTIGATED AND NOT ACCEPTABLE. IN ADDITION, A CO-LOCATION WITH
HOLLYWOOD WOULD NOT BE FINANCIALLY ATTRACTIVE TO THE CITY. CITY MANAGER
SMITH STATED THAT THE DEVELOPMENT OF AN ADDITIONAL FIRE STATION FOR DANIA
BEACH IS NOT ENTIRELY CONTINGENT UPON ANNEXATION. OVER THE PAST MONTH,
STATION#93 EXCEEDED THE NUMBER OF CALLS THAT STATION#1 HANDLED. THE
DRAWING SHOWS THAT THE FIRE STATION WILL BE PART OF A CO-LOCATION WITH A
COMMUNITY CENTER THAT WILL BE USED BY RESIDENTS.
THE CITY COMMISSION GENERALLY AGREED TO PREPARE ARTIST RENDERINGS OF THE
PROPOSED STATION AND POST THE PROPERTY NOTIFYING THE PUBLIC OF PUBLIC
MINUTES SUMMARY-
CITY OF DANIA BEACH 15 DECEMBER 14, 1999
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HEARING DATES FOR SITE PLAN REVIEW OF THE PROPOSED TIGERTAIL LOCATION FOR
STATION#93.
6.11 Discussion of new technology from National League of Cities conference.
(Mayor Bertino)
MAYOR BERTINO CONTINUED ITEM TO JANUARY 11, 2000 MEETING.
6.12 Request by Florida East Coast Railway Company for a six-month temporary
occupancy for Finish Line Feed from January 2000 until June 2000 in reference to VA-
66-99 and SP-67-99.
LCAD99.107 GROWTH MANAGEMENT)
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING,
APPROVING TEMPORARY OCCUPANCY FOR FINISH LINE FEED FROM JANUARY 2000 UNTIL
APRIL 30 2000 WITH THE UNDERSTANDING THAT THE PETITIONER WILL NOT USE LARGE
TRUCKS OR BLOCK TRAFFIC ON SE 3 AVENUE.
THE MOTION PASSED ON THE FOLLOWING 411 ROLL CALL VOTE.
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCEL YEA—NO
MAYOR BERTINO-YES
6.13 Update on Pier Restaurant Proposal. (City Manager)
CONTINUED TO JANUARY 11, 2000.
ADDENDUM
6.14 Discussion of sign agreement with Port 95. (City Manager)
C( AD99.108 CITY ATTORNEY)
A MOTION WAS MADE BY COMMISSIONER CAL SECONDED BY COMMISSIONER ETLING,
PROVIDING PORT 95 AN OPPORTUNITY TO SUBMIT A CONCEPTUAL PROPOSAL TO
ATTORNEY ANSBRO THAT WILL INCLUDE A CONTRIBUTION TO THE CITY'S TREE FUND AND
ONGOING MAINTENANCE OF THE LANDSCAPING IN THE MEDIAN. CITY A TTORNEYANSBRO
WILL BRING HIS RECOMMENDATION BACK TO THE CITY COMMISSION.
THE MOTION PASSED ON THE FOLLOWING 312 ROLL CALL VOTE.
COMMISSIONER CALI—YES COMMISSIONER ETLING-YES
COMMISSIONER MIKES—YES VICE-MAYOR MCEL YEA—NO
MAYOR BERTINO-NO
7. APPOINTMENTS-CONTINUED TO JANUARY 11, 2000
7.1 Appointment of 1 member on the Airport Advisory Board,
7.2 Appointment of 1 member on Dania Housing Authority.
MINUTES SUMMARY-
CITY OF DANIA BEACH 16 DECEMBER 14, 1999
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7.3 Appointment of 1 member on the Economic Development and Downtown
Redevelopment Board.
7.4 Appointment of 1 member on Human Relations Board.
7.5 Appointment of 1 member on the Marine Advisory Board.
7.6 Appointment of 2 members on the Occupational License Review Advisory Board.
7.7 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory
Board.
8. ADMINISTRATIVE REPORTS—NO COMMENTS
8.1 City Manager
8.2 City Attorney
9. COMMISSION COMMENTS-NO COMMENTS
9.1 Commissioner Cali
9.2 Commissioner Etling
9.3 Commissioner Mikes
9.4 Vice-Mayor McElyea
9.5 Mayor Bertino
This meeting adjourned at 1:20 a.m.
MINUTES SUMMARY-
CITY OF DANIA BEACH 17 DECEMBER 14, 1999
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ADDENDUM
DANIA BEACH CITY COMMISSION
REGULAR MEETING
i DECEMBER 14, 1999
6. DISCUSSION AND POSSIBLE ACTION:
6.14 Discussion of sign agreement with Port 95. (City Manager)
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AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
DECEMBER 14, 1999
7.30 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY
MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED
IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE
PURSUANT TO ORDINANCE NO.01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN
THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN, ADMINISTRATIVE
SERVICES DIRECTOR,100 W.DANIA BEACH BLVD,DANIA,FL 33004,(954)921-8700 EXT. 203,AT LEAST 48 HOURS
PRIOR TO MEETING.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL
PRESENTATIONS
a) BSO-"Deputy of the Month"
b) Presentation of Awards for Main Street, Inc.
C) Presentation by Dania Elementary School on historical project.
PROCLAMATIONS
a) A Proclamation declaring Saturday. January 8, 2000 as "Bishop Harvey David Bryan, Jr.
Day" in the City of Dania Beach.
b) A proclamation recognizing the designation of the International Game Fishing Association's
(IGFA) Hall of Fame and Museum as a Coastal America Ecosystem Learning Center.
1. CONSENTAGENDA
Bills:
1.1 Approval of Bills for the month of September, 1999
1.2 Approval of Bills for the month of October, 1999.
AGENDA 1 DECEMBER 14, 1999
CITY OF DANIA BEACH
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2esolutions:
1.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
AGREEMENT BETWEEN HISTORIC PROPERTY ASSOCIATES, INC., FOR CONSULTING
SERVICES FOR HISTORIC PRESERVATION UNDER THE STATE OF FLORIDA,
DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES GRANT;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE,
1.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
RENEWAL OF STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, GRANT
FOR THE PERIOD NOVEMBER 1, 1999 THROUGH OCTOBER 31, 2000, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
1.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
SUBMISSION OF FRANK C. "TOOTIE" ADLER'S NAME AS THE CITY'S NOMINATION TO
THE FLORIDA LEAGUE OF CITIES FOR THE GREAT FLORIDIANS 2000 AWARD;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
1.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE
INCLUSION OF THE 5.37 ACRE TRACT OF LAND ABUTTING THE CITY OF DANIA
BEACH AT SE 5T" AVENUE AND SHERIDAN STREET AND ADJACENT TO WEST LAKE
AT THE SOUTHEAST CORNER OF SHERIDAN STREET AND 14T" AVENUE NORTH
INTO WEST LAKE PARK; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING AN
EFFECTIVE DATE.
1.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO RESOLUTION 28-85, WHICH PRESCRIBES RULES OF PROCEDURE
FOR CITY COMMISSION MEETINGS; REPEALING SUBSECTION 6.1 ("ORDER OF
BUSINESS") OF SUCH RESOLUTION IN ITS ENTIRETY AND REPLACING IT WITH A
NEW ORDER OF BUSINESS FOR THE PURPOSE OF PROVIDING FOR UNIFORMITY
AND CONSISTENCY IN THE MANNER AND ORDER IN WHICH ITEMS ARE PLACED ON
THE AGENDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Ordinances— Title to be read by city attorney
1.8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH
COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES
WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING OF ORDINANCE)
1.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LAND USE
PLAN CHANGE FROM LOW(5) RESIDENTIAL TO OFFICE PARK(OP) PERTAINING TO A
PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE
SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD ROAD, NORTH OF
GRIFFIN RD. AND EAST OF SW 28TH AVENUE EXTENDED, IN THE CITY OF DANIA
AGENDA 2 DECEMBER 14, 1999
CITY OF DANIA BEACH
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BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE).
1.10 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL
COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE
FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND
CONTAINING 2.0674 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF
SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T" AVENUE IN THE
CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH
IS ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 48 FLEX UNITS FROM
FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF
ORDINANCE).
1.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR TRAFALGAR
ASSOCIATES, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH,
FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE
RESTRICTIONS; PROVIDING FOR SEVERABILITY;
CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH- 25), SUBJECT TO CERTAIN
EFFECTIVE DATE. (FIRST READING OF ORDINANCE)FURTHER, PROVIDING FOR AN.
2. BIDS/RFPS.-none
3. PUBLIC HEARINGS AND SITE PLANS
3.1 (CONTINUED PUBLIC HEARING FROM 11/23/99)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE OF ORDINANCES, WHICH
SECTION IS ENTITLED "ESTABLISHED; INTENT; COMPOSITION; TERM", OF ARTICLE
VII, ENTITLED "NUISANCE ABATEMENT BOARD", OF CHAPTER 17, ENTITLED
"OFFENSES - MISCELLANEOUS", TO CHANGE THE LENGTH OF BOARD MEMBERS,
TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND DESIGNATE THE EXPIRATION
OF SUCH TERMS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF
ORDINANCE)
3.2 AN ORDINANCE PERTAINING TO ARTICLE IV OF CHAPTER 13, ENTITLED "GARBAGE
AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, IN ORDER TO AMEND SEC. 13-68, DEFINITIONS; AMENDING SEC. 13-69,
PROVIDING FOR A CHANGE IN CITY SOLID WASTE COLLECTION SERVICES
INCLUDING THOSE FOR CERTAIN MULTI RESIDENTIAL BUILDINGS, AND PROVIDING
FOR THE PICKUP OF RECYCLABLES; AMENDING SEC. 13-70 TO REVISE PROVISIONS
RELATING TO PRIVATE COLLECTION SERVICE OF MULTIRESIDENTIAL BUILDINGS;
AMENDING SEC. 13-71 TO REVISE PROVISIONS TO INCLUDE BULK TRASH AND
RECYCLABLES IN COLLECTION HOURS RESTRICTIONS; AMENDING SEC. 13-72 TO
AGENDA 3
CITY OF DANIA BEACH DECEMBER 14, 1999
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PROVIDE THAT CLAIMS FOR REFUNDS AND ADJUSTMENTS OF GARBAGE OR TRASH
CHARGES BE MADE TO THE FINANCE DIRECTOR; AMENDING SEC. 13-74 TO REVISE
REGULATIONS PERTAINING TO THE COLLECTION AND DISPOSAL OF GARBAGE AND
TRASH BY PRIVATE HAULERS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF
ORDINANCE)
3.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY
MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR
ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL
PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE
PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE
MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL,
AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY
OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE
PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. (FIRST READING OF
ORDINANCE)
(CONTINUANCE REQUESTED BY PETITIONER)
3.4 SA (VA-25-98) - Sign Adjustment request by Phil Glassman, Manager/Lessee of the Dania
Shopping Center, located at 126 South Federal Hwy., Dania Beach, for a sign adjustment
from Chapter 28, Zoning, Article 27, Signs, Section 27.160 - Downtown Dania Beach
Redevelopment District Sign Regulations,
1.6 VA-77-99-Variance request by Roman E. Gzyl from Chapter 28, Article 4.20 Schedule of Lot
Yard and Bulk Regulations for relief from 20' of front yard set back in conjunction with the
placement of a canvas car cover. Property located at 4611 SW 34th Avenue, Dania Beach,
Florida.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ROMAN GZYL,
FROM CHAPTER 28, ARTICLE 4.20 SCHEDULE OF LOT, YARD AND BULK
REGULATIONS, FOR PROPERTY LOCATED AT 4611 SW 34T" AVE., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
3.6 VA-76-99 - Variance request by Pascal Richer from Chapter 28, Zoning, Article 5,
Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr. Richer would
like to request a fence height in the front yard of 6 feet limited to 4 feet for property located at
255 South Dixie Hwy., Dania Beach.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY PASCAL
RICHER, FROM CHAPTER 28, ARTICLE 5, SUPPLEMENTARY LOT REGULATIONS,
SECTION 5.36, WALLS, FENCES AND HEDGES, FOR PROPERTY LOCATED AT 255
SOUTH DIXIE HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
3.7 SA-75-99 - REQUEST FOR SIGN ADJUSTMENT APPROVAL BY ROGER M.
POMERANCE, P.A., ATTORNEY AND REPRESENTATIVE FOR CHEVRON USA, 345
NORTH FEDERAL HIGHWAY (CHEVRON GASOLINE STATION).
AGENDA 4 DECEMBER 14, 1999
CITY OF DANIA BEACH
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A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
CHEVRON U.S.A., INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION
28.160, 2(A)(111), SECTION 28.170(1) AND SECTION 28.170(2) SIGN REGULATIONS, FOR
PROPERTY LOCATED AT 345 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
3.8 SA-64-99-Sign Adjustment request by Richard Lowy, owner of"Dania Discount Drugs, Inc.",
from Chapter 28, Zoning, Article 27, Signs, Section 27.160 - Downtown Dania Beach
Redevelopment District Sign Regulations. Property located at 16-18 South Federal Hwy.,
Dania Beach,
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
RICHARD LOWY, OWNER DANIA DISCOUNT DRUGS, FROM CHAPTER 28, ZONING,
ARTICLE 28, SIGNS, SECTION 28.160. SIGN REGULATIONS, FOR PROPERTY
CONFLICTS; FURTHER, PROVIDINGE
EFOR AN EFFECTIVE DATE. CH, PROVIDING FOR
3.9 SP-63-99 — Request for site plan approval by Claudette & Athanasios Zavalis for installation
of a parking lot associated with renovation of the existing 1,000 +/_ sq. ft. building located on
the south side of Griffin Road, between SW 291h Terrace, at address 2970 Griffin Road.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE SITE
PLAN REQUEST SUBMITTED BY CLAUDETTE& ATHANASIOS ZAVALIS FOR PROERTY
LOCATED AT 2970 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING AN EFFECTIVE DATE."
3.10 SP-65-99 — Request for Site Plan approval by Kevin Dillon, Tanger Retail Center, for
construction of 130,000 square feet of retail use, known as Tanger Outlet Shops, to be
located at approximately 200 Gulfstream Way, Dania Beach (Bass Pro/Outdoor World Park).
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY KEVIN DILLON" TANGER PROPERTIES LIMITED
PARTNERSHIP, FOR PROPERTY LOCATED AT 200 GULFSTREAM WAY, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
3.11 SP-80-99—Request for site plan approval by Albert F. Webber III, P.E., representing Michael
Simmons, President of Port Petroleum, Inc., for the proposed construction of a concrete
containment area and installation of 12 vertical oil storage tanks with an asphalt access drive
to be located at 3141 SE 14'h Avenue, Dania Beach (Port Everglades).
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY ALBERT F. WEBBER III, P.E. REPRESENTING
MICHAEL SIMMONS, PRESIDENT OF PORT PETROLEUM, INC., FOR PROPERTY
LOCATED AT 3141 SE 14T"AVENUE, PORT EVERGLADES, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
3.12 VC-89-99 - Vacation Request by the City of Dania Beach to vacate 1,650 sq. ft. of alley
easement located at the rear of 333 South Federal Hwy., Dania Beach, FL.
AGENDA 5
CITY OF DANIA BEACH DECEMBER 14, 1999
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4. CITIZENS'COMMENTS:COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THATARENOTA
PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M.
THE SECOND(2ND)AND FOURTH(4TH) MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE, WILL
ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED,
THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS
SHALL BE LIMITED TO THREE(3)MINUTES.
5. EXPENDITURE REQUESTS
5.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,
MATERIALS AND EQUIPMENT IN THE AMOUNT OF $8,727.00 WITH COASTLINE
EQUIPMENT CO., INC., SOLE SOURCE PROVIDER OF A MULTI-PURPOSE BUCKET
FOR A FRONT-END LOADER FOR THE PUBLIC WORKS DEPARTMENT, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE,
5.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PURCHASE FIRE HYDRANT AND REPAIR SERVICES FROM MUELLER
HYDRANT SERVICES AT A COST OF $35,000.00; SOLE SOURCE PROVIDER, UNDER
BROWARD COUNTY BID #P-10-96-01-24, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
6. DISCUSSION AND POSSIBLE ACTION
3.1 Request by Bass Pro for a blanket approval to use temporary tents and trailers for events
from January 1, 2000 through December 31, 2000,
6.2 Request by Neptune Wholesale Co., Inc. to use temporary tent inside parking lot at 768 East
Dania Beach Boulevard for upcoming New Year's/Millennium celebration.
6.3 Review of plans for Office Building at DCOTA Phase II.
6.4 Request for abatement of CE698-0178 by Graves Museum of Archaeology and Natural
History, Inc. for property at 481 S. Federal Highway (continued from 11/09/99 regular
meeting).
6.5 Request for abatement of CE698-0208 by Sebastian Valetti for property at 4483 Treasure
Cove Drive.
6.6 Request for abatement of CEB99-0266 by Kathryn & Lawrence Fritz for property at 4750 SW
27'"Avenue.
6.7 Request for abatement of CEB98-0208 by E & I Investments, Inc. for property at 303 N
Federal Highway.
6.8 Request for abatement of CEB99-0261 by Dominic Scotto, Lorenzo's Italian Restaurant, for
property at 1121 S Federal Highway.
6.9 Discussion of expansion of ICE Cube Program at Chester Bryd Park.
AGENDA 6 DECEMBER 14, 1999
CITY OF DANIA BEACH
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6.10 Discussion of status of Fire Station#93 site options.
6.11 Discussion of new technology from National League of Cities conference. (Mayor Bertino)
6.12 Request by Florida East Coast Railway Company for a six-month temporary occupancy for
Finish Line Feed from January 2000 until June 2000 in reference to VA-66-99 and SP-67-99.
6.13 Update on Pier Restaurant Proposal. (City Manager)
7. APPOINTMENTS
7.1 Appointment of 1 member on the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE AIRPORT ADVISORY BOARD TO SERVE UNTIL SUCH MEMBER'S TERM EXPIRES AT 12:00
NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT;FURTHER,PROVIDING FOR AN EFFECTIVE DATE."
7.2 Appointment of 1 member on Dania Housing Authority.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1)MEMBER TO THE DANIA HOUSING AUTHORITY BOARD; CONFIRMING THE APPOINTMENT OF ONE MEMBER TO
SERVE A FOUR YEAR TERM BEGINNING JUNE 1, 1999 THROUGH MAY 31, 2003; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER,PROVIDING FOR EFFECTIVE DATE."
7.3 Appointment of 1 member on the Economic Development and Downtown Redevelopment
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE ECONOMIC DEVELOPMENT AND DOWNTOWN REDEVELOPMENT BOARD TO SERVE UNTIL
SUCH MEMBER'S TERM EXPIRE AT 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
7.4 Appointment of 1 member on Human Relations Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE HUMAN RELATIONS BOARD TO SERVE UNTIL MARCH 12, 2002: PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR EFFECTIVE DATE."
7.5 Appointment of 1 member on the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE MARINE ADVISORY BOARD TO SERVE UNTIL SUCH MEMBERS' TERMS EXPIRE AT 12:00
NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT;FURTHER,PROVIDING FOR AN EFFECTIVE DATE."
7.6 Appointment of 2 members on the Occupational License Review Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF
TWO (2) MEMBERS TO THE OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD TO SERVE UNTIL SUCH
MEMBERS' TERMS EXPIRE AT 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
FFECTIVE DATE."
AGENDA 7 DECEMBER 14, 1999
CITY OF DANIA BEACH
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7.7 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD TO SERVE UNTIL SUCH
MEMBER'S TERM EXPIRES AT 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR
EFFECTIVE DATE."
8. ADMINISTRATIVE REPORTS
8.1 City Manager
8.2 City Attorney
9. COMMISSION COMMENTS
9.1 Commissioner Cali
9.2 Commissioner Etling
9.3 Commissioner Mikes
9.4 Vice-Mayor McElyea
9.5 Mayor Bertino
AGENDA 8 DECEMBER 14, 1999
CITY OF DANIA BEACH
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OFFICE OF THE MAYOR
CITY OF DANIA BEACH
PROCLAMATION
WHEREAS, the International Game Fish Association was established in 1939 to
encourage the study of game fishing, to keep the sport ethical, to make its rules acceptable to
the majority of anglers and to keep an attested and up-to-date chart of world record catches;
and
WHEREAS, the International Game Fish Association has over 20,000 dues paying
members in 125 countries with 670 affiliated clubs and 300 official representatives worldwide;
and
WHEREAS, in January, 1999, the Association established and built its permanent world
headquarters and Fishing Hall of Fame & Museum in Dania Beach, Florida; and
WHEREAS, the Fishing Hall of Fame & Museum provides a different approach to
detailed information and learning opportunities about recreational fisheries and recreational
fishing, but with a clear resource, conservation and protection effort; and
WHEREAS, the Fishing Hall of Fame & Museum has established cooperative
partnerships with several state and private institutions of higher learning, and in 1999 received
an award for outstanding efforts in education from the Partners in Education Office of the School
Board of Broward County, Florida, for programs that encompass several subject areas and
reach all grade levels of school students, and;
WHEREAS, the Coastal America program was created by the Office of the President of
the United States as a partnership of federal, state and local governments and private alliances
to address coastal environmental problems; and
WHEREAS, on November 16, 1999, the International Game Fish Association's Hall of
Fame & Museum was designated by Coastal America as an official Coastal America Ecosystem
Learning Center, one of only ten such Centers in the nation;
NOW THEREFORE, I, John Bertino, as Mayor of the City of Dania Beach, and the City
Commission of the City of Dania Beach wish to recognize and honor the International Game
Fish Association Hall of Fame & Museum for this designation and for its outstanding and
commendable service to the sport of game fishing; to conservation and preservation efforts
worldwide; for the comprehensive educational opportunities it offers, especially to the whole
South Florida community; and for the distinction it brings to the City of Dania Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be
affixed this 14t"day of December, 1999.
J N*M. BERTINO, Mayor
ATTEST:
Sheryl Chapman, Actin6 City Clerk
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OFFICE OF THE MAYOR
CITY OF DANIA BEACH
eac�i
PROCLAMATION
WHEREAS, Bishop Harvey David Bryan, Sr. has been a resident of South Florida for many
years, spending countless hours working for the betterment of South Florida's communities; and
WHEREAS, Bishop Bryan has served as Chairman of the Board of Superintendents for the
Church of God in Christ since 1969 and has recently been appointed Auxiliary Bishop to the
episcopacy of the Church of God in Christ; and
WHEREAS, Bishop Bryan is personally responsible for the success and growth of the Dania
Beach Emanuel Church of God in Christ; and
WHEREAS, Bishop Bryan made a personal commitment using his integrity, quality of
character, personal and professional merit to enhance the lives of the citizens of Dania Beach and
South Florida by working to create new places of worship and improve those in existence; and
WHEREAS, Bishop Bryan has been deeply and continuously involved in our community,
visiting the sick in our local hospitals, consoling bereaved church members and their families,
attending funerals and wakes, and taking special interest in our delinquent youths by counseling
them, their families and offering support to them within the criminal justice system; and
WHEREAS, the City of Dania Beach wishes to recognize Bishop Bryan for his achievements
and contributions to his fellow man.
NOW THEREFORE, I, John Bertino, as Mayor of the City of Dania Beach, Florida, do hereby
proclaim January 8, 2000, as
"BISHOP HARVEY DAVID BRYAN, SR. DAY"
in the City of Dania Beach and urge all citizens to commend Bishop Bryan for his numerous
community contributions which have benefited not only the citizens of our community but many other
Broward County residents as well.
n IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this
14 day of December, 1999.
ATTEST: ERTINO
AYOR
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SHERYLCHAPMA
ACTING CITY CLERK
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1502 S.W. 3 d Avenue
Dania, Florida 33004
October 23, 1999
Bobbie Grace
Past Mayor
City of Dania
Dania, Florida 33004
Dear Mrs Grace.,
It was great seeing you at the Chamber of Commerce breakfast on Thursday,
October 14. Things at Collins are moving on rather smoothly. Come and visit whenever
you get a chance.
As I stated at that meeting, I ant working on a project far our District Church at this
time and would like for you to assist me in procuring a letter of proclamation from the
City of Dania jar Reverend Harvey D. Bryan,Sr., who was recently elevated to the
office of bishop in the Church of God in Christ, Western Florida Jurisdiction.
Bishop Bryan has been, and still is,superintendent over various churches of God in
Christ in Broward County. Emanuel Church of God in Christ in the city of Dania
which is pastored by Reverend Amos Walker,is one of the churches In his
jurisdictlax We can attest that our community is a much better place to live in because
of churches like Emanuel Church of God in Chris%
Bishop Bryan has made may noteworthy accomplishments causing him to achieve
one of the highest offices in the Church of God in Christ We will help him celebrate
this honor at an inaugural dinner on January 8,2000, at the Pier 66 Restaurant in
Fort Lauderdale Therefore, we are requesting the City of Dania to
Render a letter of proclamation for our souvenir book and to send a representative, if
possible to this affair to help us declare this day Bishop Harvey D. Bryan,Sr's Day.
The members of the Churches of God in Christ proudly salute this giant of a man, and
we applaud him far reaching this milestone in his life
The enclosed copy outlines some of Bishop Bryan's further accomplishments.
Please expect a telephone call from me in a few days to clarify anything you might
have questions about,or to give additional information to aid in fire preparation of the
proclamatiom
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ha D. Wker,
Enclosure inaugural dinner committee member
Phone.(H) 923-0050 (0)916-0880
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Bishop Harvey David Bryan,Sr. was born
on February 24, 1924. He was the seventh
child of eight born to Harvey and Beatrice
Bryan.
6
Bishop Bryan attained his preparatory 6
education in Jamaica, West Indies. His
u� s formal studies granted him certification in
b Criminology. Bishop Bryan attended
several schools of theology including
bfoody Bible Seminary which further
prepared him for the ministry. However,it
was in his early formative years that he
\ became knowledgeable of the Holy
scriptures. At this acknowledgement, he
thereby accepted the call of our Heavenly 6
Father to pursue the ministry.
4 The Lord gave Bishop Bryan the vision of
4 Holy Redeemer Church of God in Christ and
it later had its inception in August, 1960..The church's initial organization consisted of the Bishop's wife: Missionary Almarie Bryan and
Children and six lay members. The first services were held in various locations including: a
church mother's home,a converted, vacant dry cleaners and subsequently,a house on N.W.
13th Street in Fort Lauderdale.Soon thereafter, the church moved to the Broward Quartet y
Association Hall Adjacent where the property there was purchased in 1974. The Bishop had a
vision of the edifice he wanted for God's service and settled for nothing less. During these years .
the membership grew rapidly,
i During these challenging years, Bishop Bryan was ordained by the late Bishop Wales R. Nesbitt
in 1962. In 1968, Bishop Nesbitt elevated Bishop Bryan to the office of District Superintendent.
Bishop Bryan also served as Secretary of the Ordination Board and was a member of the Board
of Directors. In 1969, he was appointed as Chairman of the Board of Superintendents, a
position which he currently maintains. His sincere faithfulness and humbleness became a
motivation for the church and its endeavor to raise funds for building and to grow in spiritual
strength. In July 1973,God began to work miracles and the vision began to take shape. The
members purchased the property in October, 1974 and it was later dedicated on February 13,
1977 by the late Bishop Timothy H. Thompson who succeeded the Iate Bishop Nesbitt as our
Jurisdictional Prelate of Western Florida.
Throughout those years and to this date,Bishop Bryan has maintained an impeccable
reputation both nationally and locally. Many regard him as a "pillar of the community" within :6
the trkounty areas of Dade, Broward and Palm Beach. Parishioners, their fanvlies and
friends and the community at large are aware of his integrity,quality of character and merit.
r " Routinely,BishopB
mem
and the amilies of church membeers as he attends(funerals and wakes;he also takesick at local hospitals;he consoles bereaved s church
interest in the delinquency of our youth as he supports the youth and their families in courts
and within the justice system.
l { Bishop Bryan is has received several commendations on behalf of his
character and commitm
as a husband, father,citizen,and Pastor and Superintendent, yet none surpass his humility a t
n he modestly maintains that he is but the humble servant of our Lord. Recently,on May
14,1999 in Orlando,Florida,Bishop Bryan received the appointment of Auxiliary Bishop to the
4 ' episcopacy of our great Church of God in Christ. We celebrate this appointment as the Lord
rJy continues to honor his servitude.
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MINUTES
CITY COMMISSION
SPECIAL MEETING
DECEMBER 14, 1999
MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7:00 P.M.
ROLL CALL
Present.-
Mayor: John Bertino
Vice Mayor: Charles McElyea
Commissioners: John Etling
Bob Mikes
City Attorney: Thomas Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
Special Counsel: Michael Burke
Mayor Bertino advised that this is a Special Meeting that was called and that the City
Commission will be going into an Attorney/Client Session. He asked Attorney Ansbro to
explain the legalities of the Attorney/Client Session.
City Attorney Ansbro reported that the State Statute is very strict on holding "Shade
Sessions"and that there may be a glitch with the way this Attorney/Client Session was
scheduled. In accordance with the statute, he should have announced his intentions to
consult with Attorney Michael Burke about the Dismas litigation at the November 23'd
meeting, then advertise the meeting, and then hold the meeting. Since he did not get a
call from Attorney Burke until November 29, six days after the regular meeting, he
recommended not going forward with the closed Attorney/Client Session.
Mayor Bertino clarified that this Special Meeting was advertised and noticed for the
public. Attorney Burke explained that the case proceedings are so crystallized at this
point that the only thing needed is for the City Commission to make a decision.
Therefore, he was comfortable with conducting a Special Meeting, open to the public.
Michael Burke, Special Counsel for the City, explained that a trial is scheduled for
January 3, 2000 with Judge Streitfield. Judge Streitfield entered a final judgment in
which he found that Dismas' use of the property is permitted, under the City's zoning
regulations, and that the City was estopped to deny or to assert that the Dismas' use of
the property was not permitted. Judge Streitfield found in favor of Dismas Charities, Inc.
and he did so in a very strong and affirmative manner. A decision was made not to
appeal Judge Streitfield's action. In exchange for the City not pursuing an appeal and
delaying the matter further, Dismas agreed to waive their claim of delay damages for
the period of time that they were denied a building permit and they agreed to seek only
MINUTES 9 DECEMBER 14, 1999
SPECIAL MEETING
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actual out-of-pocket costs as long as the building permit was issued by October 5, 1998.
The City Commission approved that agreement, the waiver of appeal, and offer of
Dismas for a partial waiver of claim for monetary relief. Consequently, the permit did
not issue by October 5, 1998, due to the fact that Dismas' contractor did not have his
licensing related information up-to-date and the City's Building Department had to issue
the permit the following day. The contractor and Dismas took a different view and
contended that they should be able to seek a full range of monetary relief because of
the one day delay with the issuance of the permit. The Florida League of Cities agreed
to pay all of Dismas' actual out-of-pocket losses in exchange for not pursuing an appeal
because they felt an appeal would be a waste of its funds. Dismas has since filed a
motion for additional relief in which they seek their actual out-of-pocket costs, as well
as delay related damages or expenses. The numbers have ranged anywhere from
$350,000.00 and $600,000.00 for delay damages, pre-litigation costs related to trying to
get a zoning amendment or text change, and hiring Emerson Allsworth for
presentations, attorneys fees, penalties, and other related expenses, some of which are
ridiculous and some that are not that illogical. The basic hard costs are attorney's fees
related to the litigation and this is not cheap since they have lawyers from Tallahassee
and Fort Lauderdale. The hard costs are probably in the range of$125,000.00 to
$175,000.00. The parties recently held a settlement conference where the parties
bottom line numbers were reached on both sides of the equation. Dismas has agreed
to accept $99,900.00 to resolve all of its claims against the City of Dania Beach. The
Florida League of Cities has authorized up to $75,000.00 to try to resolve Dismas'
claims plus 50% of the costs over$75,000.00 up to this total agreed upon amount.
Essentially, the City Commission needs to determine if they desire to authorize to spend
up to $12,500.00 along with the additional monies that the Florida League of Cities
would put forward to settle the case. Attorney Burke mentioned that Judge Streitfield
could determine that Dismas Charities, Inc. is entitled to no monetary relief or attorney's
fees of any kind, or he could determine that they are entitled to some greater number. In
his opinion, Attorney Burke thought that the City does have arguments that Dismas is
entitled to zero, so the City could choose to go to court.
Attorney Burke advised that, in his opinion, Judge Streitfield's idea about the case is
that City of Dania Beach staff had approved the use over the course of many years and
that it became a political issue. Attorney Burke thought the case was closer to being
about permitted use and not a political matter. Attorney Burke cautioned the City that
they may face the possibility of Dismas being awarded $150,000.00 or$175,000.00 if
the case went to court. Discussion followed on the terms of the contract between the
City and the Florida League of Cities. Attorney Burke explained that the contention with
Dismas is that they agreed in the Settlement Agreement to waive claims for damages
that pre-existed the Settlement Agreement and they are now saying that they are not
bounded by that portion of the Settlement Agreement because the permit issued on
October 6r" and not October 5rh
Commissioner Mikes inquired as to whether the fax from Fred Ward instructing City
Attorney Frank Adler on how to draft a letter was entered into the record. Attorney Burke
explained that Mr. Ward testified and he felt that Mr. Ward was very persuasive with
MINUTES 2 DECEMBER 14, 1999
SPECIAL MEETING
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Judge Streitfield. Attorney Burke mentioned that he argued the medical condition of Mr.
Adler when Mr. Adler wrote the letter stating that the use was a non-conforming use
under the City's zoning. Commissioner Mikes asked whether correspondence was
received from the Federal level regarding the Dismas Charities, Inc. facility.
Commissioner Mikes was under the impression that when the hotel was changed over
into a corrections facility that the Federal government required an approval from the City
for the program use in the City and not just the zoning use. Attorney Burke agreed to
send a complete file on any correspondence that he received from the Bureau of
Prisons to Attorney Ansbro.
A motion was made by Commissioner Cali, seconded by Commissioner Etling,
appropriating funds from the proper accounts in the amount of$12,500.00 as requested
by Special Counsel Burke to settle the case with Dismas Charities, Inc.
The motion passed on the following roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor McElyea —yes
Mayor Bertino-yes
Commissioner Mikes urged the City Commission to learn from this experience and to
create a procedure that will ensure that the proper authority of the City Commission has
been obtained when letters are sent out under the signature of the City Attorney and
City Manager.
This meeting was adjourned at 7:35 p.m.
y
M O -COMMISSIONER
ACTINqC1TY CLERK
Respectfully submitted by
Charlene Johnson
Deputy City Clerk
Minutes approved: 01/11/2000
MINUTES 3 DECEMBER 14, 1999
SPECIAL MEETING
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CITY OF DANIA BEACH
CITY COMMISSION
SPECIAL MEETING
TUESDAY, DECEMBER 14, 1999
7:00 P.M.
(PRECEDING REGULAR 7:30 P.M. MEETING OF THE CITY COMMISSION)
100 West Dania Beach Boulevard, Dania Beach, Florida 33004
NOTICE IS GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD
DECIDE TO APPEAL ANY DECISION MADE AT THE REGULAR MEETING (WHICH WILL
FOLLOW IMMEDIATELY AFTER THE SPECIAL MEETING IS ADJOURNED), SUCH PERSON
WILL NEED A RECORD OF THE PROCEEDINGS CONDUCTED AT SUCH REGULAR
MEETING AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THE REGULAR MEETING PROCEEDINGS
SHOULD CONTACT CHARLENE JOHNSON. DEPUTY CITY CLERK, 100 WEST DANIA
BEACH BLVD., DANIA BEACH, FL 33004 (954) 924-3622, AT LEAST 48 HOURS PRIOR TO
THE SPECIAL AND REGULAR MEETINGS.
1. CALL TO ORDER
2. ATTORNEY/CLIENT SESSION
An Attorney/Client Session, called pursuant to §286.011(8), Florida Statutes, will be held
among the elected officials of the City of Dania Beach, City Attorney Thomas J. Ansbro and
Special Counsel Michael T. Burke to discuss settlement negotiations or strategy sessions
related to litigation expenditures in connection with Dismas Charities, Inc., a Florida corporation,
v. The City of Dania, Florida, a municipal corporation, Case No. 98-8050 (14) CACE, pending in
the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida.
This Attorney/Client Session shall commence at 7:00 p.m. at City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida, or as soon as possible thereafter, and shall last an
estimated one-half(1/2) hour. This Session is a private session. The only persons authorized to
attend it pursuant to above referenced statute are the City's elected officials (Mayor John
Bertino, Vice Mayor C. K. McElyea, and Commissioners Bob Mikes, John Etling and Jim Cali);
Michael W. Smith, City Manager; the City Attorney; the City's Special Counsel (Michael T.
Burke, Esq.) and the certified transcribing court reporter. The transcript of the session shall not
be available for inspection by the public until the litigation is finally concluded as provided by
law.
3. The regular City Commission meeting (7:30 p.m.)will follow the Special Meeting.
4. ADJOURNMENT
GiWPFILE&CLIENTSDANIMCITY COMMISSIONICC MTG-121499.Dismas Special Meeting NTC-MSW.doc .12103/99
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