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HomeMy WebLinkAbout1999-07-13 Regular City Commission Meeting Minutes TI13I1499 r, r 7 MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JULY 13, 1999 Mayor Bertino called the meeting to order at 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Rev. T. (Vinnie) Lewis, Gethsemane Missionary 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) Senator Steven A. Geller presentation of a brief summary of the 1999 Legislation Session. Senator Geller advised that there is an existing law that entitles spouses to 30% of a deceased spouses shares, however it did not apply to trusts. Legislation was introduced and passed this year to change the law to include trusts. He also advised that a viaticum settlement is an irrevocable assignment of a life insurance policy for someone who is dying, however there are a lot of scam artists selling these policies. Legislation was introduced and passed that will allow the Department of Insurance the ability to put the scam artists out of business. b) BSO—"Deputy of the Month"— Deputy David Yurchuck Deputy Harry Munniksma Chief Bob Anton explained that Deputy Yurchuk and Deputy Munniksma were part of an investigation that led to the arrest of an armed felon, confiscation of a Chevy Tahoe, $4,000 in cash and two weapons. Chief Anton commended Deputy Yurchuk and Deputy Munniksma for a job well done and recognized them as"Deputy of the Month'for June 1999. MINUTES -CITY OF DANIA BEACH 1 JULY 13, 1999 i L -r PROCLAMATIONS a) A proclamation declaring July 23, 1999, as "LCDR James 0. Fitton Day" in the City of Dania Beach, City Manager Smith read the proclamation in its entirety. ITEMS 1.1 AND 1.4 WERE PULLED FROM THE CONSENT AGENDA 1. CONSENT AGENDA Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to approve the Consent Agenda with the exception of Items 1.1 and 1.4. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes - yes ITEMS PULLED FROM THE CONSENT AGENDA: 1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." In response to Commissioner Cali, Chief Ken Land stated that the agreement did not require any financial obligation on the part of Dania Beach. Chief Land also explained that an agreement would be forthcoming with Fort Lauderdale and Davie and then negotiations would begin with Broward County. MINUTES -CITY OF DANIA BEACH 2 JULY 13, 1999 1- f / A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the resolution approving the agreement with Hollywood for mutual aid. The motion passed on the following roll call vote: Commissioner Cali —yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes -yes 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FRANK C. VOLINSKY, INC., FOR THE PROVISION OF CONSTRUCTION SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes asked for an explanation from staff why there were no competitive bids. Robert "Bud" Palm, Director of Utilities/Public Works, explained that when the building at Tigertail Lake was moved it was temporarily placed on beams owned by Frank C. Volinsky, Inc. The firm has given the City until July 1 to return the beams or they would start charging the City $3500.00 per day. A foundation needs to be poured in order to move the house from the beams, or the building can be removed from the beams and placed on the ground until a foundation can be poured. Frank C. Volinsky, Inc. is proposing to construct the foundation for $29,364.00. Mr. Palm reported that prices were received approximately 6 months ago ranging from $40,000 to $50,000. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to adopt the resolution approving the agreement with Frank C. Volinsky, Inc. for construction services. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes -yes ITEM 6.1 WAS HEARD NEXT 2. BIDS- none 3. PUBLIC HEARINGS AND SITE PLANS City Attorney Ansbro advised that Items 3.1 through 3.10 would be quasi-judicial hearings and all disclosures should be made. He also swore in all persons who would be giving testimony in Items 3.1 through 3.10. 3.1 "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 MINUTES - CITY OF DANIA BEACH 3 JULY 13, 1999 1 A 7 ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS 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. Terry Virta, Growth Management Director, explained that this would be the last time the moratorium would be extended. He reported that the amendments to the Comprehensive Plan, as they have been modified in response to the comments, objections and recommendations provided by the Department of Community Affairs, would be on the next agenda for City Commission approval. When the Comprehensive Plan is approved by the City Commission, it will then be submitted to the state and regional agencies and then the final stages would begin for rezoning of properties to the IROM designation. The intent is to have the whole process finalized and back to the City Commission for final consideration the latter part of October or the early part of November, at which time the moratorium could be rescinded. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the request and the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to adopt the ordinance imposing a temporary moratorium, on first reading. The motion passed on the following roll call vote: Commissioner Cali —yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino— yes Commissioner Mikes - yes 3.2 "A RESOLUTION PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; APPROVING A PROPOSED AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE TRANSMITTAL OF SUCH AMENDMENT TO THE APPROPRIATE GOVERNMENTAL AGENCIES; REQUESTING INTERGOVERNMENTAL REVIEW OF SUCH PROPOSED COMPREHENSIVE PLAN AMENDMENT; AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO PROCESS SUCH PROPOSED PLAN AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE THEREFOR." Leigh Kerr, Planning Consultant, explained that this request was being made by the State and involved enhancements to the Comprehensive Plan as it relates to the location of school facilities. Commissioner Mikes was concerned about how the City could maintain control of what properties were omitted from the tax rolls. He suggested that this item be continued to MINUTES-CITY OF DANIA BEACH 4 JULY 13, 1999 L f �t-- ' r 7 i allow the City Attorney time to include language that would require the City Commission to have control over the acquisition of properties to be taken off the tax rolls. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to this request and the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to continue Item 3.2 to the July 27, 1999, Regular Meeting, to give the City Attorney time to review Attachment "B", received from the Department of Community Affairs, to ensure that language has been provided for the Commission to have future control over the acquisition of properties taken off the tax rolls, and to determine if Florida Atlantic University is defined as a public school. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling—yes Mayor Bertino—yes Commissioner Mikes -yes 3.3 SA (VA-25-98)— Request for Sign Adjustment by Phil Glassman, Dania Shopping Center, for property located at 126 South Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHIL GLASSMAN, REPRESENTING DANIA SHOPPING CENTER, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 126 SOUTH FEDERAL HWY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Bertino, Vice-Mayor McElyea and Commissioner Cali advised that they had spoken with Mr. Glassman and his employees regarding this request. Terry Virta explained that the applicant had requested a primary sign consisting of 128 square feet and 18.5 feet in height, which, in area, exceeds over 500% of the allowed maximum sign size of 25 square feet. The applicant also asked for a second sign of 47.5 square feet and 10 feet in height, which almost doubles the allowed maximum sign size. Mr. Virta advised that the current sign code only allows for one sign. The Planning &Zoning Board recommended that Mr. Glassman be allowed to construct one sign that would be 8 feet wide and 14 feet tall with a 2 foot base, which would make the overall area of the sign 112 square feet, which is in excess of 4 times the maximum allowed sign size. Sumner Gotlieb, Signcraft, was present to request approval of the sign that was designed by his firm. He advised that the sign would be complimented by landscaping. Because the site is such a key parcel in the downtown area, Commissioner Mikes suggested that the petitioner should be made to come in with a modified site plan showing the complete shopping center with the signage and landscaping. MINUTES -CITY OF DANIA BEACH 5 JULY 13, 1999 r, ' r y I' Vice-Mayor McElyea complained about the condition of the back of the property and about the rental trucks being parked on the property. Paul Corsio, 220 SE 1 Street, stated that he had been in charge of the property for the past year and has worked very hard to clean up the property. Mr. Gotlieb advised Vice-Mayor McElyea that the dumpsters were going to be moved closer to the building and gates would be put up around them. Mayor Bertino opened the public hearing. Hugo Renda, 230 SE 2 Street, spoke in favor of the request due to the fact that Jaxson's Ice Cream was an antique business within the City. Mayor Bertino closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to defer Item 3.3 SA (VA-25-98) back to the Planning & Zoning Board so that a comprehensive site plan can be developed to improve the front and rear of the shopping center which complies with all code requirements. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes - yes 3.4 SA (VA-32-98)— Request for Sign Adjustment by Phyllis Dubow, President of J.E.R. Investments, for property located at 215 North Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHYLLIS DUBOW, PRESIDENT, J.E.R. INVESTMENTS, INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 215 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta advised that the petitioner was seeking approval of the sign that presently exists on the property. He explained that the code does not allow the existing sign because the building itself does not meet the 25-foot setback requirement for a free standing sign. He also advised that the maximum sign area allowed is 25 square feet in the downtown area and the existing sign is 36 square feet. The Planning & Zoning Board recommended approval of the request. The owner of the building clarified that the area of the existing sign was 27 square feet, not 36 square feet. MINUTES -CITY OF DANIA BEACH g JULY 13, 1999 f fr-- Q F ' A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the resolution SA (VA-32-98)with the condition that the existing trees be properly maintained on the property. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes 3.5 VA-45-99— Request for Variance approval by John and Ruth Bartley from lot yard and bulk requirements for a non-conforming use for property located at 201 SE 2nd Avenue. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN AND RUTH BARTLEY, OWNERS, FROM CHAPTER 28, ZONING, ARTICLE 4. DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR THE RS-6000 ZONING DISTRICT, FOR PROPERTY LOCATED AT 201 SE 2ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta explained that the petitioner was requesting a variance to allow for a side yard setback of 3.8 feet. Lots 1 & 2 are zoned RD-2000 (duplex) and Lot 3 is zoned RS-6000 (single family). There is an existing house and garage on Lots 1 & 2 and are currently non-conforming uses. If the variance is granted, the situation would be conforming by virtue of a variance. The Planning & Zoning Board recommended approval of the variance request. John Bartley explained that he would like to legitimize the existing structure that is there so that he can proceed to build a single-family house on Lot 3. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the request and Mayor Bertino closed the public hearing. Commissioner Etling, Mayor Bertino and Vice-Mayor McElyea all disclosed that they had received a phone message regarding this request. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the resolution granting the variance (VA-45-99). The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes 3.6 a) VA-33-99— Request for Variance approval by Redan International, Inc. from landscape buffer requirements for property located at 202 SE 15th Street. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC., FROM CHAPTER 26 VEGETATION, ARTICLE IV, LANDSCAPING, FOR PROPERTY LOCATED AT 202 SE 15T" ST., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MINUTES -CITY OF DANIA BEACH 7 JULY 13, 1999 f r 7 Terry Virta explained that the petitioner was requesting a variance from a five foot buffer strip that would be required along Sheridan Street. They are asking that half of the frontage be allowed to have a four-foot buffer strip verses a five-foot buffer strip. The building is 5,250 square feet and the site is slightly less than 18,000 square feet. The Planning and Zoning Board recommended that the variance as well as the site plan be approved. He also advised that staff did not support the variance request because this is raw land and they felt that the requirements of the ordinance could be complied with. Wilson Hernandez, Architect, was present to request approval of the variance. Mayor Bertino suggested that the setback be decreased in the rear of the building in order to add two foot to the landscape buffer along Sheridan Street. Commissioner Mikes asked that four additional palm trees be planted in the front of the structure. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the request and the public hearing was closed. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to adopt the resolution granting the variance (VA-33-99) with the following adjustments: (1) an 8 foot setback in the rear of the building, (2) a 6 foot landscape buffer along Sheridan Street, and (3) four additional palm trees to be planted in the front of the structure. The motion passed on the following roll call vote: Commissioner Cali —yes Vice-Mayor McElyea —yes Commissioner Etling—yes Mayor Bertino—yes Commissioner Mikes—yes b) SP-34-99— Request for Site Plan approval by Redan International, Inc. for professional office center and retail use property located at 202 SE 15th Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE SITE PLAN REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC, FOR PROPERTY LOCATED AT 202 SE 15TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt the resolution approving the site plan (SP-34-99)with the following adjustments: (1) an 8 foot setback in the rear of the building, (2) a 6 foot landscape buffer along Sheridan Street, and (3) four additional palm trees to be planted in the front of the structure. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes MINUTES -CITY OF DANIA BEACH 8 JULY 13, 1999 f L 7 F 3.7 a) SE-39-99— Request by American Offshore Marine to continue using the site as a dry stack boat storage facility in the C-3 zoning district for property located at 1451 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ZEN MIERZWA, OWNER, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RoaD, DANIA BEACH, Florida, FOR A SPECIAL EXCEPTION USE TO ALLOW THE PARCEL TO CONTINUE ITS USE AS A DRY STACK BOAT STORAGE FACILITY IN THE C-3 ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Bertino, Commissioner Etling and Commissioner Cali all disclosed that they had spoken with the owner regarding this matter. Terry Virta explained that the applicant would like to demolish an existing non- conforming marina and rebuild a new one. The proposed building would be 55 feet high which exceeds the code requirement of 30 feet. The applicant is also seeking to have a density of 140 boat slips, which exceeds the code requirement of 50 slips. He reported that the Planning & Zoning Board recommended that the special exception and variances be granted with the following conditions: (1) that all repair work be done within fully enclosed areas, (2) that any land owned by the applicant between Old Griffin Road and the Dania Cut-off Canal be used for park purposes and (3) that the site plan meet all requirements of site plan approval. Attorney Jim Brady, representing the applicant, and Kevin McCabe, President, Environmental Development Consultants, were present to request approval of the request. Commissioner Mikes was concerned about the architectural design of the building due to the surrounding residential communities. Commissioner Etling was concerned about the elevation of the building. Mr. Brady suggested that as a condition of approval, his client be directed to work with staff on the north and west elevations to come up with a design that would soften the rectangular attitude at the roof line and give a softer appearance to the flat face of the building. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the request and the public hearing was closed. A motion was made by Commissioner Etling, seconded by Commissioner Cali, to adopt the resolution granting the Special Exception (SE-39-99). The motion passed on the following roll call vote: MINUTES -CITY OF DANIA BEACH 9 JULY 13, 1999 f r r, t- 7 Commissioner Cali —yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes b) VA-40-99 - Request by American Offshore Marine for variance approval to allow 140 dry stack slips on the site, height of buildings to remain at 55 feet and the number of off-street parking to be calculated by a formula of .5 spaces per slip for property located at 1451 Old Griffin Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ZEN MIERZWA, OWNER OF AMERICAN OFFSHORE MARINA, FROM CHAPTER 28, ONS, SPECIAL EXCEPTION ZONING THE IC-3 ZONING DISTRICT 4.90 SCHEDULE OAND ARTICLE 6F USE I 0, OFF STREET PARKING CAT BEACH, FLtORIDAENTS,F PROVIDING FOR OR PROPERTY OCONFL CTS;IFURTTHER, PIROVIDING FOR AIN EFFECTIVE DATE." A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the resolution granting the variance (VA-40-99) with the condition that the petitioner provide a site plan that meets the spirit of the City's Design Guidelines, that is p lace,prig e for facing to passed residential llcommunities and has the proper landscaping in ion n the Commissioner Cali—yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes c) SP-41-99 - Request by American Offshore Marine for Site Plan approval to replace the existing steel frame marina with a new building that will serve as a dry dock facility for property located at 1451 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ZEN MIERZWA, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN ROAD, DANIA PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Mikes, seconded by Commissioner Cali, to continue Item 3.7 (c)to the Regular Meeting of July 27, 1999, and directing the petitioner to meet with staff on developing a site plan that meets the City's Design Guidelines, that is appropriate for facing two residential communities and has the proper landscaping in place. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling—yes Mayor Bertino—yes Commissioner Mikes—yes MINUTES -CITY OF DANIA BEACH 10 JULY 13, 1999 f R t i' 7 3.8 SP-24-99- Request for Site Plan approval by Jeff Collie to construct a 2,368 square ft. retail building to be located on the west side of Dixie Highway and SW 14th Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JEFF COLLIE, FOR PROPERTY LOCATED AT SOUTH DIXIE HWY AND SW 14T" STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta explained that the petitioner was proposing to construct a small shopping center on the property. He advised that the size of the property was 7,333 square feet. The Planning &Zoning Board recommended approval of the site plan. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the site plan request. The Commission, in general, had a problem with the location of the building on the site and the location of the dumpster. Jeff Collie stated that he would be leasing property from Florida Power& Light Company in order to place the dumpster in the rear of the site and to eliminate the garbage trucks having to back out. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to continue Item 3.8 to the Regular Meeting of July 27, 1999, to allow the petitioner an opportunity to have his Architect present. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling — yes Mayor Bertino—yes Commissioner Mikes—yes 3.9 SP-25-99 - Request for Site Plan approval by Stephen St. Clair to construct an addition to the existing building known as Competition Cycle Center located at 901 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN ST. CLAIR, OWNER OF COMPETITION CYCLE, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN RoaD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta explained that the petitioner was requesting to construct an addition to the existing facility. Mr. Virta advised that the petitioner had agreed to add access gates on the north side of the property as requested by the Fire Marshal. The Planning & Zoning recommended approval of the site plan. MINUTES -CITY OF DANIA BEACH 11 JULY 13, 1999 f a r, f Y Commissioner Mikes suggested that heavy landscaping be planted in the front of the building to buffer the noise from the residential neighborhoods. Mayor Bertino was concerned about the parking requirements. The petitioner advised that he currently leases property from Florida Power & Light Company for parking and expected to purchase the property from FP&L soon. Commissioner Mikes was concerned about how he would meet parking requirements if he lost his lease with Florida Power& Light. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to defer Item 3.9 until the City Attorney can research the parking issue and until the petitioner resolves the ownership problem with Florida Power& Light Company for the land being used for parking. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes 3.10 a) (SA-43-99)— Request for Sign Adjustment by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled "Zoning", Article 27, "Signs", Section 27.110 'Restrictions' in areas zoned commercial. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28, ENTITLED "ZONING", ARTICLE 27, "SIGNS", SECTION 27,110 RESTRICTIONS IN AREAS ZONED COMMERCIAL, FOR PROPERTY LOCATED AT 151 SW 18T"AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta explained that the petitioner was requesting a pole sign for the restaurant facility that would be 100 feet high and 238 square feet in area. He advised that the maximum allowed by code, adjacent to an interstate, was 50 feet or 25 feet above the grade of the interstate. The Planning &Zoning Board could not agree on a recommendation for the sign adjustment. Mike Craddock, Architect, was present to request approval of the sign adjustment and variance request. He advised that the Springhill Suites Hotel had recently been completed on the site. He also advised that plans are ready to submit for permitting for a conference center, and shortly thereafter, plans for a Marriott Courtyard and a Cracker Barrel restaurant will be submitted. Mr. Craddock explained that without the 100-foot sign, the Cracker Barrel restaurant would not be built in Dania Beach. Mayor Bertino opened the public hearing. No one spoke in favor of or in opposition to the request and the public hearing was closed. MINUTES -CITY OF DANIA BEACH 12 JULY 13, 1999 f rF r -r i A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to adopt the resolution approving the sign adjustment (SA-43-99). The motion passed on the following roll call vote: Commissioner Cali —yes Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes —yes b) VA-42-99 — Request for Variance approval by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled "Zoning", Article 4.202 "Schedule of Lot, Yard and Bulk" regulations pertaining to height requirements. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28, ZONING, ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 151 SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Terry Virta explained that the entire site is not zoned the same and in order to build the proposed Conference Center, the petitioner is seeking a variance to allow for the entire Conference Center to be built at the same height of 48 feet. The Planning & Zoning Board recommended approval of the variance. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to approve the resolution granting the variance (VA-42-99) with the understanding that the proposed Conference Center be built at the advertised height of 48 feet. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling—yes Mayor Bertino —yes Commissioner Mikes—yes 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 -NONE 6. DISCUSSION AND POSSIBLE ACTION 6.1 Continued discussion of neighborhood concerns of alleyway along SE 41h Street. In response to Commissioner Cali, City Manager Smith advised that the residents and business owners in the affected area were invited to meet with Terry Virta, Growth Management Director, and himself. He explained that the business owners declined to MINUTES -CITY OF DANIA BEACH 13 JULY 13, 1999 f L • - -r / participate. He advised that research was done by Mr. Virta which determined that the alley is owned by the City and that none of the property owners has any exclusive rights of ingress or egress. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea to begin the legal process for closing the alleyway along SE 4th Street. The motion passed on the following roll call vote: Commissioner Cali —yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes -yes Commissioner Mikes requested that staff post a sign on the property, notifying residents of the public hearing dates. ITEM 6.2 WAS HEARD NEXT 6.2 Discussion of Avigation Easement Acquisition and Voluntary Sales Assistance Program. (Jay Field, Chair, Airport Advisory Committee) Jay Field, Chairman of the Airport Advisory Board, was present to make the City Commission aware of an avigation easement, which is an air rights purchase program by the Broward County Aviation Department. The Board recommended that the City Attorney send out a warning letter to the affected property owners advising them of the pitfalls of selling their air rights or avigation easements. The City Attorney was directed to review the document that is being sent to residents by the Aviation Department regarding an Avigation Easement Acquisition and Voluntary Sales Assistance Program and send a letter notifying the impacted residents of the factual positive and negative ramifications of selling their air rights under the program and protections provided under the City's Interlocal Airport Agreement. Jay Field agreed to provide information to City Attorney Ansbro. Mr. Field stated that the Airport Advisory Board also recommended that the City Commission retain an Environmental Impact Statement (EIS) consultant to ensure that the City receives every benefit possible from the EIS Study. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, directing the City Manager to retain a consultant to represent the City in the Environmental Impact Statement(EIS) process. A motion was passed on the following 4/0 roll call vote: Commissioner Cali - (out of room) Vice-Mayor McElyea—yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes ITEM 3.1 WAS HEARD NEXT MINUTES -CITY OF DANIA BEACH 14 JULY 13, 1999 t f f- a r. r r / 6.3 Request for reconsideration of abatement of CEB97-0272 by Vincent Albury. City Attorney Ansbro explained that he researched the issue based on the equities of the situation and the legal perspective from the interference with the property and the ability of the owner(bank/mortgage company) to cure the violations. He advised that Code Enforcement Attorney Tim Ryan submitted a report stating that the part that is attributable to the bank's delay in being dilatory is approximately 1/3 of the outstanding fine of$29,000. The bank would still owe about$6,800.00 which they are willing to pay. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to approve the Code Enforcement Board recommendation to abate CEB97-0272 to $6,800.00. The motion passed on the following roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes—yes 6.4 Request for abatement of CEB95-0167 by Leslie and Elizabeth Katz for property located 1460 W. Dixie Highway. Terry Virta explained that this was a case where two violations on the property ran for a considerable period of time resulting in a total fine of$127,750.00 plus $100 recording fee. It was discovered at the Planning & Zoning Board that the address obtained from Broward County for the property owners was incorrect. He advised that Code Enforcement Board Attorney Ryan felt that there was cause in this case to abate the fine and the Code Enforcement Board recommended that the fine be abated to $500.00. A motion was made by Commissioner Etling, seconded by Commissioner Cali, to approve the Code Enforcement Board recommendation to abate CEB95-0167 to $500.00. 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 (ERROR IN NUMBERING -ITEM 6.6 CHANGED TO 6.5) 6.5 Report from city attorney on stop sign installation agreement with Broward County. Mayor Bertino asked City Attorney Ansbro to report on the sign agreement. City Attorney Ansbro reported that there is a traffic control agreement in place with Broward County Traffic Engineering, which was executed in June of 1994, transferring all materials, supplies, equipment, functions and duties to the County. If the City desires to cancel the agreement, the City would be responsible for all materials, supplies, equipment, functions and duties with regard to all traffic control devices and signs within the City of Dania Beach. MINUTES -CITY OF DANIA BEACH 15 JULY 13, 1999 d- r f Ii—. s r City Manager Smith was directed to schedule a Workshop Meeting with Broward County Traffic Engineering to discuss the option of traffic calming devices to be installed in certain areas of the City. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to extend the meeting past 12:00 midnight. The motion passed with Commissioner Cali voting no. (ITEM 6.7 WAS CHANGED TO 6.6) 6.6 Report from city attorney on the possibility of disconnecting drainage lines on US #1. Mayor Bertino asked City Attorney Ansbro to report on this matter. City Attorney Ansbro reported that a meeting had been scheduled for Monday, July 19, at 10:30 a.m. with Bud Palm, Utilities Director; John Cavin, Calvin, Giordano & Associates; Mel Wilson, Chief General Counsel for Florida Department of Transportation; and two engineers from FDOT to address the drainage concerns. (ITEM 6.8 WAS CHANGED TO 6.7) 6.7 Discussion regarding vacating NW 2nd Street between NW 9th Avenue and NW 10th Court. Mayor Bertino requested that NW 2nd Street, which lies between Thomas Park and Collins Elementary, be vacated between NW 9th Avenue and NW 10th Court. City Manager Smith advised that meetings hade been scheduled with Jackie Box, Area District Director for the Broward County School Board and Cynthia Anderson, Principal of Collins Elementary School, regarding future use of the property and possible vacation. (ITEM 6.9 WAS CHANGED TO 6.8) 6.8 Discussion of creating a Code Enforcement Violation Amnesty Program for Homestead Property. Commissioner Cali requested that Item 6.8 be continued to the Budget Workshop Meeting scheduled for July 15, 1999. (ITEM 6.10 WAS CHANGED TO ITEM 6.9) 6.9 Discussion of"Business of the Month" award. Mayor Bertino requested that Item 6.9 be continued to the Regular Meeting of July 27, 1999. MINUTES -CITY OF DANIA BEACH 16 JULY 13, 1999 t- r a, r 7 / 7. APPOINTMENTS 7.1 Appointment of(4) members on the Airport Advisory Board. 7.2 Appointment of(1) member on Budget Advisory Committee. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY COMMITTEE 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." Commissioner Etling nominated Cherly Semmel to the Budget Advisory Committee. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt the resolution appointing Cheryl Semmel to the Budget Advisory Board. The motion passed unanimously. 7.3 Appointment of 3 members on the Economic Development and Downtown Redevelopment Board. 7.4 Appointment of 1 member on the Marine Advisory Board. 7.5 Appointment of 2 members on the Occupational License Review Advisory Board. 7.6 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board. 7.7 Appointment of 2 members on Human Relations Board. 7.8 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) MEMBERS TO THE DANIA HOUSING AUTHORITY BOARD TO SERVE FOUR YEAR TERMS BEGINNING JUNE 1, 1999 THROUGH JUNE 1, 2003; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE." Mayor Bertino nominated June Silvernale to the Dania Housing Authority. A motion was made by Vice-Mayor McElyea, seconded by Mayor Bertino, after passing the gavel, to adopt the resolution appointing June Silvernale to the Dania Housing Authority. The motion failed on the following 2/3 roll call vote: Commissioner Cali — no Commissioner Etling - no Commissioner Mikes— no Vice-Mayor McElyea —yes Mayor Bertino -yes 7.9 Appointment of 1 member to the Planning &Zoning Board. MINUTES -CITY OF DANIA BEACH 17 JULY 13, 1999 f r: -r 8. ADMINISTRATIVE REPORTS 8.1 City Manager Smith advised that Kathryn Harris, Secretary of the State, notified the City that the Nyberg/Swanson House had been included on the National Register of Historic Places as of May 28, 1999. Mr. Smith stated that the City has been moving forward and has made a lot of progress; community standards have been raised; the economic health is good; and he has a good professional staff. In order to have an effective leadership externally and within the City's own organization he asked for a vote of confidence from the City Commission. Commissioner Mikes felt that a Vote of Confidence was inappropriate until a formal review could be conducted. Commissioner Cali requested that City Attorney Ansbro obtain a model contract from ICMA that could be used with a work and performance evaluation. Discussion followed on possible annual review and consideration of a contract for the City Manager. A motion was made by Commissioner Cali, seconded by Commissioner Etling to give City Manager Smith a Vote of Confidence. The motion passed on the following 3/1 roll call vote: (Commissioner Mikes left the room prior to the roll call vote.) Commissioner Cali —yes Commissioner Etling - yes Commissioner Mikes tout of room) Vice-Mayor McElyea —yes Mayor Bertino- no 8.2 City Attorney— no comments 9. COMMISSION COMMENTS 9.1 Commissioner Cali commended City Manager Smith and staff for doing a very good job and was confident that the City is progressing. He felt it was important to leave things status quo and urged the Commission to design a work plan for the city manager and staff so that everyone knows what is expected of them for the City to move ahead into the millennium. 9.2 Commissioner Etling asked City Attorney Ansbro if a Commissioner is obligated to remain at a meeting to vote when a motion and a second have been submitted. City Attorney Ansbro advised that the statute provides that a Commissioner may only abstain if there is a conflict, but it does not mean that a person is compelled to remain in their chair. Commissioner Etling thought that the Ethics Commission manual obligates a person to remain. City Attorney Ansbro advised that if a MINUTES -CITY OF DANIA BEACH 18 JULY 13, 1999 f L ram. r. t. Commissioner is not present during a roll call, they cannot vote, therefore, since Commissioner Mikes left the room, he was not present to vote. 9.3 Commissioner Mikes (left the meeting at 12:30 a.m.) 9.4 Vice-Mayor McElyea agreed with the comments presented by Commissioner Cali and agreed to work together with staff. 9.5 Mayor Bertino explained that he could not stand by and stick his head in the sand when he hears that developers are having problems trying to build, when people are having difficulty with employees at city hall, when competent people in the City are being sand bagged by individuals who are standing in their way. He advised that many citizens from different portions of the City have called him to complain about these types of problems. He stated that he likes City Manager Smith; however, the City Commission changed the rules allowing the city manager to hire and fire city employees this past year, which he does not have a problem with, except when people continue to complain to him about problems they are encountering in the City. He mentioned that these same people must have expressed the same concerns to other commissioners since these individuals are very outspoken. As an elected official, he felt it was incumbent upon him to let the city manager know these problems and if the city manager does not remove the persons responsible for these problems, he has no other recourse but to hold back a vote of confidence. City Manager Smith asked Mayor Bertino to direct all complaints to his office. Mayor Bertino advised that he has forwarded these complaints to the city manager and that the city manager has not returned the calls. City Manager Smith stated that he has returned calls that he has received. The meeting adjourned at 12:40 a.m. MAYOR-COMM185SONEK ACTING C TY CLERK Respectfully submitted by Nanci Denny Approved on: February 6, 2001 MINUTES -CITY OF DANIA BEACH 19 JULY 13, 1999 t_ t L T-- t, '7 MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING JULY 13, 1999 MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7.35 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE 'Rev. T. (Vinnie) Lewis, Gethsemane Missionary 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) Senator Steven A. Geller presentation of a brief summary of the 1999 Legislation Session. b) BSO—"Deputy of the Month"—Deputy David Yurchuck Deputy Harry Munniksma PROCLAMATIONS a)A proclamation declaring July 23, 1999, as "LCDR James 0. Fitton Day' in the City of Dania Beach. ITEMS PULLED FROM THE CONSENT AGENDA:ITEMS 1.1 AND 1.4. 1. CONSENTAGENDA Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF MINUTES SUMMARY- CITY OF DANIA BEACH 1 JULY 13, 1999 i /tl-- t. ' r 7 NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." (CAD99-049-FINANCE) 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." (CAD99-049-FINANCE) MOTION MOVED BY COMMISSIONER ETLING SECONDED BY COMMISSIONER MIKES APPROVING THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 1.1 AND 1.4. THE MOTION PASSED UNANIMOUSLY. ITEMS PULLED FROM THE CONSENT AGENDA: 1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) (CAD99-048-FIRE RESCUE) MOTION MOVED BY COMMISSIONER ETLING, SECONDED BY VICE- MAYOR MCELYEA ADOPTING RESOLUTION. THE MOTION PASSED UNANIMOUSLY. 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FRANK C. VOLINSKY, INC., FOR THE PROVISION OF CONSTRUCTION SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (CAD99-050-PUBLIC WORKS MOTION MOVED BY COMMISSIONER MIKES, SECONDED BY VICE- MAYOR MCELYEA ADOPTING THE RESOLUTION. THE MOTION PASSED UNANIMOUSLY. 2. BIDS-NONE 3. PUBLIC HEARINGS AND SITE PLANS MINUTES SUMMARY- CITY OF DANIA BEACH 2 JULY 13, 1999 A_ f ' r 7 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING ''HE 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 ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR." (FIRST READING OF ORDINANCE) MOTION MOVED BY COMMISSIONER ETLING SECONDED BY COMMISSIONER MIKES ADOPTING ORDINANCE ON FIRST READING. THE MOTION PASSED UNANIMOUSLY 3.2 A RESOLUTION PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; APPROVING A PROPOSED AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE TRANSMITTAL OF SUCH AMENDMENT TO THE APPROPRIATE GOVERNMENTAL AGENCIES; REQUESTING INTERGOVERNMENTAL REVIEW OF SUCH PROPOSED COMPREHENSIVE PLAN AMENDMENT; AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO PROCESS SUCH PROPOSED PLAN AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. (STAFF) MOTION MOVED BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING CONTINUING RESOLUTION TO THE JULY 27 1999 REGULAR MEETING FOR THE CITY ATTORNEY TO REVIEW ATTACHMENT"B" RECEIVED FROM THE DEPARTMENT OF COMMUNITY AFFAIRS ENSURE THAT LANGUAGE HAS BEEN PROVIDED FOR THE COMMISSION TO HAVE FUTURE CONTROL OVER THE ACQUISITION OF PROPERTIES TAKEN OFF THE TAX ROLLS AND DETERMINE IF FAU IS DEFINED AS A PUBLIC SCHOOL. THE MOTION PASSED UNANIMOUSLY (CAD99-004—GROWTH MANAGEMENT) 3.3 SA (VA-25-98) — Request for Sign Adjustment by Phil Glassman, Dania Shopping Center, for property located at 126 South Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHIL GLASSMAN, REPRESENTING DANIA SHOPPING CENTER, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA MINUTES SUMMARY- CITY OF DANIA BEACH 3 JULY 13, 1999 r It r F i BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 126 SOUTH FEDERAL HWY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALL SECONDED BY COMMISSIONER MIKES DEFERRING RESOLUTION - SA (VA-25-98) - TO THE PLANNING &ZONING BOARD SO THAT A COMPREHENSIVE SITE PLAN CAN BE DEVELOPED IMPROVING THE FRONT AND REAR OF THE SHOPPING CENTER THAT COMPLIES WITH ALL CODE REQUIREMENTS. THE MOTION PASSED UNANIMOUSLY. 3.4 SA (VA-32-98) — Request for Sign Adjustment by Phyllis Dubow, President of J.E.R. Investments, for property located at 215 North Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHYLLIS DUBOW, PRESIDENT, J.E.R. INVESTMENTS, INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 215 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING ADOPTING THE RESOLUTION -SA (VA-32- 98)-WITH THE CONDITION THAT THE EXISTING TREES BE PROPERLY MAINTAINED ON THE PROPERTY. THE MOTION PASSED UNANIMOUSLY. 3.5 VA-45-99 — Request for Variance approval by John and Ruth Bartley from lot yard and bulk requirements for a non-conforming use for property located at 201 SE 2ntl Avenue. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN AND RUTH BARTLEY, OWNERS, FROM CHAPTER 28, ZONING, ARTICLE 4. DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR THE RS-6000 ZONING DISTRICT, FOR PROPERTY LOCATED AT 201 SE 2ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER ETLING SECONDED BY VICE- MAYOR MCELYEA ADOPTING THE RESOLUTION(VA-45-99). THE MOTION PASSED UNANIMOUSLY. 3.6 a) VA-33-99 — Request for Variance approval by Redan International, Inc. from landscape buffer requirements for property located at 202 SE 15"Street. MINUTES SUMMARY- CITY OF DANIA BEACH 4 dULY 13, 1999 f It— r, "1 7 "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC., FROM CHAPTER 26 VEGETATION, ARTICLE IV, LANDSCAPING, FOR PROPERTY LOCATED AT 202 SE 15T" ST., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALL SECONDED BY COMMISSIONER MIKES,ADOPTING RESOLUTION (VA-33-99)WITH THE FOLLOWING ADJUSTMENTS: AN 8 FOOT SETBACK IN THE REAR OF THE BUILDING, A 6 FOOT LANDSCAPE BUFFER ALONG SHERIDAN STREET AND 4 ADDITIONAL PALM TREES BE PLANTED IN THE FRONT OF THE STRUCTURE. THE MOTION PASSED UNANIMOUSLY. b) SP-34-99 — Request for Site Plan approval by Redan International, Inc. for professional office center and retail use property located at 202 SE 151h Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC, FOR PROPERTY LOCATED AT 202 SE 15T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING, ADOPTING THE RESOLUTION (SP-34-99) WITH THE FOLLOWING ADJUSTMENTS: AN 8 FOOT SETBACK IN THE REAR OF THE BUILDING A 6 FOOT LANDSCAPE BUFFER ALONG SHERIDAN STREET AND 4 ADDITIONAL PALM TREES BE PLANTED IN THE FRONT OF THE STRUCTURE. THE MOTION PASSED UNANIMOUSLY 3.7 a) SE-39-99 — Request by American Offshore Marine to continue using the site as a dry stack boat storage facility in the C- 3 Zoning District for property located at 1451 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ZEN MIERZWA, OWNER, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE PARCEL TO CONTINUE ITS USE AS A DRY STACK BOAT STORAGE FACILITY IN THE C-3 ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MINUTES SUMMARY- CITY OF DANIA BEACH 5 JULY 13, 1999 J` Imo. MOTION MOVED BY COMMISSIONER ETLING SECONDED BY COMMISSIONER CALI ADOPTING THE RESOLUTION (SE-39-99). THE MOTION PASSED UNANIMOUSLY. b) VA-40-99 - Request by American Offshore Marine for variance approval to allow 140 dry stack slips on the site, height of buildings to remain at 55 feet, and the number of off-street parking to be calculated by a formula of .5 spaces per slip for property located at 1451 Old Griffin Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ZEN MIERZWA, OWNER OF AMERICAN OFFSHORE MARINA, FROM CHAPTER 28, ZONING, ARTICLE 4.20, SCHEDULE OF USE REGULATIONS, SPECIAL EXCEPTION (4C) OF THE C-3 ZONING DISTRICT AND ARTICLE 6.20, OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING ADOPTING THE RESOLUTION (VA-40-99) WITH THE CONDITION THAT THE PETITIONER PROVIDE A SITE PLAN THAT MEETS THE SPIRIT OF THE CITY'S DESIGN GUIDELINES AND INCLUDES APPROPRIATE LANDSCAPING FOR FACING TWO RESIDENTIAL COMMUNITIES. THE MOTION PASSED UNANIMOUSLY. c) SP-41-99 - Request by American Offshore Marine for Site Plan approval to replace the existing steel frame marina with a new building that will serve as a dry dock facility for property located at 1451 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ZEN MIERZWA, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER MIKES, SECONDED BY COMMISSIONER CALI CONTINUING RESOLUTION (SP-41-99) TO JULY 27 MEETING AND DIRECTING PETITIONER TO MEET WITH STAFF ON DEVELOPING A SITE PLAN THAT MEETS THE CITY'S DESIGN GUIDELINES AND INCLUDES APPROPRIATE LANDSCAPING FOR FACING TWO RESIDENTIAL COMMUNITIES. THE MOTION PASSED UNANIMOUSLY, 3.8 SP-24-99 Request for Site Plan approval by Jeff Collie to construct a 2,368 sq. ft. retail building to be located on the west side of Dixie Highway and SW 14t" Street, MINUTES SUMMARY- CITY OF DANIA BEACH 6 JULY 13, 1999 f r 7 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JEFF COLLIE, FOR PROPERTY LOCATED AT SOUTH DIXIE HWY. AND SW 14T" STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALI SECONDED BY VICE- MAYOR MCELYEA CONTINUING RESOLUTION (SP-24-99) TO JULY 27 MEETING TO ALLOW PETITIONER AN OPPORTUNITY TO HAVE AN ARCHITECT PRESENT FOR THE SITE PLAN REQUEST. THE MOTION PASSED UNANIMOUSLY. 3.9 SP-25-99 Request for Site Plan approval by Stephen St. Clair to construct an addition to the existing building known as Competition Cycle Center located at 901 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN ST. CLAIR, OWNER OF COMPETITION CYCLE, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN RD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALI SECONDED BY VICE- MAYOR MCELYEA DEFERRING RESOLUTION (SP-25-99) UNTIL PETITIONER RESOLVES THE OWNERSHIP PROBLEM WITH FPL FOR THE LAND USED FOR PARKING, THE MOTION PASSED UNANIMOUSLY. 3.10 a) (SA-43-99) — Request for Sign Adjustment by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled "Zoning', Article 27. "Signs", Section 27.110 "Restrictions" in areas zoned commercial. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28, ENTITLED "ZONING", ARTICLE 27, "SIGNS", SECTION 27.110 RESTRICTIONS IN AREAS ZONED COMMERCIAL, FOR PROPERTY LOCATED AT 151 SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALI SECONDED BY VICE- MAYOR MCELYEA ADOPTING RESOLUTION (SA43-99). THE MOTION PASSED UNANIMOUSLY. b) VA-42-99 — Request for Variance approval by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled "Zoning', MINUTES SUMMARY- CITY OF DANIA BEACH 7 JULY 13, 1999 f t- . r r Article 4.202 "Schedule of Lot, Yard and Bulk" regulations pertaining to height requirements. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28, ZONING, ARTICLE 4,202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 151 SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION MOVED BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING APPROVING RESOLUTION VA-42-99 WITH THE UNDERSTANDING THAT THE PROPOSED CONFERENCE BUIL CENTER TO BE T AT THE ADVERTISED HEIGHT OF 48 FEET. THE MOTION PASSED UNANIMOUSLY 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 CITIZENS)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES. 5. EXPENDITURE REQUESTS-NONE 6. DISCUSSION AND POSSIBLE ACTION 6.1 Continued discussion of neighborhood concerns of alleyway along SE 4" Street. (Commissioner Cali) MOTION MOVED BY COMMISSIONER CALI SECONDED BY VICE- MAYOR MCELYEA TO BEGIN THE LEGAL PROCESS FOR CLOSING THE ALLEY ALONG SE 4 STREET. THE MOTION PASSED UNANIMOUSLY COMMISSIONER MIKES REQUESTED STAFF POST A SIGN DATES. NOTIFICATION ON THE PROPERTY OF THE PUBLIC HEARING (CAD99-051-GROWTH MGMT) 6.2 Discussion of Avigation Easement Acquisition and Voluntary Sales Assistance Program. (Jay Field, Chair, Airport Advisory Committee) THE CITY COMMISSION GENERALLY AGREED TO DIRECT CITY ATTORNEY ANSBRO TO REVIEW THE DOCUMENT THAT IS BEING SENT TO RESIDENTS BY THE AVIATION DEPARTMENT REGARDING AN AVIGATION EASEMENT ACQUISITION AND VOLUNTARY SALES ASSISTANCE PROGRAM AND SEND A LETTER NOTIFYING IMPACTED RESIDENTS OF THE FACTUAL POSITIVE AND NEGATIVE MINUTES SUMMARY- CITY OF DANIA BEACH 8 JULY 13, 1999 f C 7 i RAMIFICATIONS OF SELLING THEIR AIR RIGHTS UNDER THE PROGRAM AND PROTECTIONS PROVIDED UNDER THE CITY'S INTERLOCAL AIRPORT AGREEMENT. JAY FIELD AGREED TO PROVIDE INFORMATION TO CITY ATTORNEY ANSBRO. (MR99-021- CITY ATTORNEY) MOTION MOVED BY COMMISSIONER MIKES SECONDED BY COMMISSIONER ETLING DIRECTING CITY MANAGER TO RETAIN A CONSULTANT TO REPRESENT THE CITY IN THE EIS (ENVIRONMENTAL IMPACT STATEMENT) PROCESS. MOTION PASSED ON A 4/0 VOTE. COMMISSIONER CALI WAS OUT OF THE ROOM. (MR99-021 CITY MANAGER) 6.3 Request for reconsideration of abatement of CEB97-0272 by Vincent Albury. (City Attorney) MOTION MOVED BY COMMISSIONER ETLING SECONDED BY COMMISSIONER MIKES APPROVING THE CODE ENFORCEMENT BOARD RECOMMENDATION TO ABATE CEB97-0272 FOR $6,800.00. THE MOTION PASSED UNANIMOUSLY. 6.4 Request for abatement of CEB95-0167 by Leslie and Elizabeth Katz for property located 1460 W. Dixie Highway. (Staff) MOTION MOVED BY COMMISSIONER ETLING SECONDED BY COMMISSIONER CALI APPROVING THE CODE _ENFORCEMENT BOARD RECOMMENDATION TO ABATE CE895-0167 TO $500.00. THE MOTION PASSED ON THE FOLLOWING 4/1 ROLL CALL VOTE: Commissioner Cali—Yes Commissioner Etlina-Yes Commissioner Mikes—Yes Vice-Mayor McElyea—No Mayor Bertino-Yes (ERROR IN NUMBERING ITEM 6.6 CHANGED TO 6.5) 6.5 Report from city attorney on stop sign installation agreement with Broward County. (Mayor Bertino) CITY COMMISSION DIRECTED CITY MANAGER SMITH TO SCHEDULE A WORKSHOP MEETING WITH BROWARD COUNTY TRAFFIC ENGINEERING TO DISCUSS THE OPTION OF TRAFFIC CALMING DEVICES TO BE INSTALLED IN CERTAIN AREAS OF THE CITY. (CAD 99-052— CITY MANAGER) MOTION MOVED BY COMMISSIONER ETLING, SECONDED BY COMMISSIONER MIKES EXTENDING MEETING PAST_ 12:0.0 MINUTES SUMMARY- CITY OF DANIA BEACH 9 JULY 13, 1999 Y -r MIDNIGHT. THE MOTION PASSED WITH COMMISSIONER CALI VOTING NO. (6.7 CHANGED TO) 6.6 Report from city attorney on the possibility of disconnecting drainage lines on US#1. (Mayor Bertino) CITY ATTORNEY ANSBRO REPORTED THAT A MEETING HAS BEEN SCHEDULED MONDAY JULY 19 Al 10:30 A.M. WITH BUD PALM UTILITIES DIRECTOR' JOHN CALVIN CALVIN GIORDANO & ASSOC.- MEL WILSON CHIEF GENERAL COUNSEL FOR FDOT AND TWO ENGINEERS FROM FDOT TO ADDRESS THE DRAINAGE CONCERNS. (MR99-018—PUBLIC WORKS) (6.8 WAS CHANGED TO) 6.7 Discussion regarding vacating NW 2n0 Street between NW 9th Avenue and NW 10th Court. (Mayor Bertino) CITY MANAGER SMITH WAS INSTRUCTED TO CONTINUE WITH HIS SCHEDULED MEETING WITH JACKIE BOX AREA DISTRICT DIRECTOR FOR THE BROWARD COUNTY SCHOOL BOARD AND CYNTHIA ANDERSON PRINCIPAL AT COLLINS ELEMENTARY REGARDING FUTURE USE OF THE PROPERTY AND POSSIBLE VACATION. MR 99-027—CITY MANAGER) (6.9 CHANGED TO) 6.8 Discussion of creating a Code Enforcement Violation Amnesty Program for Homestead Property. (Commissioner Cali) CITY COMMISSION GENERALLY AGREED TO DISCUSS THE MATTER AT THE BUDGET WORKSHOP SCHEDULED JULY 15 1999. (6.10 CHANGED TO) 6.9 Discussion of"Business of the Month" award. (Mayor Bertino) ITEM CONTINUED TO THE JULY 27 1999 REGULAR MEETING. 7. APPOINTMENTS(SEE ITEM 7.2) 7.1 Appointment of(4) members on the Airport Advisory Board. 7.2 Appointment of(1) member on Budget Advisory Committee. "A RESOLUTION RATIFYING O F THE CITY F N FLORIDA.IA BEACH, AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY COMMITTEE 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 MINUTES SUMMARY- CITY OF DANIA BEACH 10 JULY 13, 1999 t_ t ti_ h I / ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." COMMISSIONER ETLING APPOINTED CHERYL SEMMEL MOTION MOVED BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING ADOPTING THE RESOLUTION APPOINTING CHERYL SEMMEL TO THE BUDGET ADVISORY BOARD. THE MOTION PASSED UNANIMOUSLY 7.3 Appointment of 3 members on the Economic Development and Downtown Redevelopment Board. 7.4 Appointment of 1 member on the Marine Advisory Board. 7.5 Appointment of 2 members on the Occupational License Review Advisory Board. 7.6 Appointment of 1 members on Parks, Recreation and Community Affairs Advisory Board. 7.7 Appointment of 2 members on Human Relations Board. 7.8 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) MEMBERS TO THE DANIA HOUSING AUTHORITY BOARD TO SERVE FOUR YEAR TERMS BEGINNING JUNE 1, 1999 THROUGH JUNE 1, 2003; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE." MOTION MOVED BY VICE-MAYOR MCELYEA SECONDED BY MAYOR BERTINO AFTER PASSING THE GAVEL APPOINTING JUNE SILVERNALE TO THE DANIA HOUSING AUTHORITY MOTION FAILED ON THE FOLLOWING 2/3 ROLL CALL VOTE Commissioner Cali—no Commissioner Etlino-no Commissioner Mikes—no Vice-Mayor McElvea yes Mayor Bertino-ves 7.9 Appointment of 1 member to the Planning &Zoning Board. 8. ADMINISTRATIVE REPORTS 8.1 City Manager— CITY MANAGER SMITH ADVISED THAT KATHRYN HARRIS SECRETARY OF THE STATE NOTIFIED THE CITY THAT THE NYBERG/SWANSON HOUSE HAS BEEN INCLUDED ON THE NATIONAL REGISTER OF HISTORIC PLACES AS OF MAY 28 1999. DISCUSSION FOLLOWED ON POSSIBLE ANNUAL REVIEW AND CONSIDERATION OF A CONTRACT FOR THE CITY MANAGER. COMMISSIONER CALI REQUESTED THAT CITY ATTORNEY ANSBRO MINUTES SUMMARY- CITY OF DANIA BEACH 11 JULY 13, 1999 4- f Q -r i OBTAIN A MODEL CONTRACT FROM ICMA THAT COULD BE USED WITH A WORK AND PERFORMANCE EVALUATION. MOTION MOVED BY COMMISSIONER CALI SECONDED BY COMMISSIONER ETLING GIVING A "VOTE OF CONFIDENCE" TO CITY MANAGER SMITH. THE MOTION PASSED ON THE FOLLOWING 3l1 ROLL CALL VOTE: COMMISSIONER MIKES LEFT THE MEETING PRIOR TO ROLL CALL VOTE. Commissioner Cali—Yes Commissioner Etlinq-Yes Vice-Mayor Mcelvea—Yes Mayor Bertino-No 8.2 City Attorney—no comments 9. COMMISSION COMMENTS 9.1 Commissioner Cali commended City Manager Smith and staff for doing a very good job and was confident that the City is progressing. He felt it was important to leave things status quo and urged the commission to design a work plan for the city manager and staff so that everyone knows what is expected of them for the City to move ahead into the millennium. 9.2 Commissioner Etling asked the city attorney if a commissioner is obligated to remain at a meeting to vote when a motion and a second have been submitted. City Attorney Ansbro advised that the statute provides that a commissioner may only abstain if there is a conflict, but it does not mean that a person is compelled to remain in their chair. Commissioner Etling thought that the Ethics Commission manual obligates a person to remain. City Attorney Ansbro advised that if a commissioner is not present during a roll call, they couldn't vote. Therefore, since Commissioner Mikes left the meeting, he was not present to vote. 9.3 Commissioner Mikes left the meeting at 12:30 a.m. 9.4 Vice-Mayor McElyea agreed with the comments presented by Commissioner Cali and agreed to work together with staff. 9.5 Mayor Bertino explained that he cannot stand by and stick his head in the sand when he hears that developers are having problems trying to build, people are having difficulty with employees at city hall, and competent people in the City are being sand bagged by individuals who are standing in their way. He advised that many citizens from different portions of the City call him to complain about these types of problems. He stated that he likes City Manager Smith; however, the City Commission changed the rules allowing the city manager to hire and fire city employees this past year. He did not have a problem with the city manager having power to hire and fire, except when people continue to talk to him about problems they are encountering in the City. He mentioned that these same people must have expressed the same concerns to other commissioners since these individuals are very outspoken. As an elected official, he felt it was incumbent upon him to let the city manager know these problems. If the city manager does not remove the persons responsible for these problems, he has no other recourse but to hold back a vote of confidence. MINUTES SUMMARY- CITY OF DANIA BEACH 12 JULY 13, 1999 t- 1 IL i r � 7 r r City Manager Smith asked Mayor Bertino to direct all complaints to his office. Mayor Bertino advised that he has forwarded these persons to the city manager and that the city manager has not returned the calls. City Manager Smith stated that he has returned calls that he has received. Meeting adjourned at 12:40 a.m. MINUTES SUMMARY- CITY OF DANIA BEACH 13 JULY 13, 1999 r L . ri-- F. T I' AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING JULY 13, 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)921-9700 EXT.203,AT LEAST 72 HOURS PRIOR TO MEETING. CALL TO ORDER INVOCATION 'Rev. T. (Vinnie) Lewis, Gethsemane Missionary Baptist Church PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS a) Senator Steven A. Geller presentation of a brief summary of the 1999 Legislation Session. b) BSO—"Deputy of the Month' PROCLAMATIONS a)A proclamation declaring July 23, 1999, as "LCDR James O. Fitton Day" in the City of Dania Beach. 1. CONSENTAGENDA Resolutions: 1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH PROVIDING FOR AGENDA CITY OF DANIA BEACH 1 JULY 13, 1999 t L C z r, T `t b JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER UTILITY; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE." 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FRANK C. VOLINSKY, INC., FOR THE PROVISION OF CONSTRUCTION SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 2. BIDS-NONE 3. PUBLIC HEARINGS AND SITE PLANS 3.1 "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 ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR." (FIRST READING OF ORDINANCE) 3.2 A RESOLUTION PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; APPROVING A PROPOSED AGENDA CITY OF DANIA BEACH 2 JULY 13, 1999 f It- R T Y AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE LOCATION OF SCHOOL FACILITIES WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE TRANSMITTAL OF SUCH AMENDMENT TO THE APPROPRIATE GOVERNMENTAL AGENCIES; REQUESTING INTERGOVERNMENTAL REVIEW OF SUCH PROPOSED COMPREHENSIVE PLAN AMENDMENT; AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO PROCESS SUCH PROPOSED PLAN AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. (STAFF) 3.3 SA (VA-25-98) — Request for Sign Adjustment by Phil Glassman, Dania Shopping Center, for property located at 126 South Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHIL GLASSMAN, REPRESENTING DANIA SHOPPING CENTER, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 126 SOUTH FEDERAL HWY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.4 SA (VA-32-98) — Request for Sign Adjustment by Phyllis Dubow, President of J.E.R. Investments, for property located at 215 North Federal Highway. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHYLLIS DUBOW, PRESIDENT, J.E.R. INVESTMENTS, INC., FROM CHAPTER 28. ZONING, ARTICLE 28, SIGNS, SECTION 28.160 — DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 215 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.5 VA-45-99—Request for Variance approval by John and Ruth Bartley from lot yard and bulk requirements for a non-conforming use for property located at 201 SE 2ntl Avenue. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN AND RUTH BARTLEY, OWNERS, FROM CHAPTER 28, ZONING, ARTICLE 4. DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR THE RS- 6000 ZONING DISTRICT, FOR PROPERTY LOCATED AT 201 SE 2No AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.6 a) VA-33-99 — Request for Variance approval by Redan International, Inc. from landscape buffer requirements for property located at 202 SE 15th Street. AGENDA CITY OF DANIA BEACH 3 JULY 13, 1999 f L /L r 7 "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC., FROM CHAPTER 26 VEGETATION, ARTICLE IV, LANDSCAPING, FOR PROPERTY LOCATED AT 202 SE 15TH ST., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." b) SP-34-99 — Request for Site Plan approval by Redan International, Inc. for professional office center and retail use property located at 202 SE 15`h Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY REDAN INTERNATIONAL, INC, FOR PROPERTY LOCATED AT 202 SE 15T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.7 a) SE-39-99 — Request by American Offshore Marine to continue using the site as a dry stack boat storage facility in the C-3 Zoning District for property located at 1451 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ZEN MIERZWA, OWNER, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE PARCEL TO CONTINUE ITS USE AS A DRY STACK BOAT STORAGE FACILITY IN THE C-3 ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." b) VA-40-99 - Request by American Offshore Marine for variance approval to allow 140 dry stack slips on the site, height of buildings to remain at 55 feet, and the number of off-street parking to be calculated by a formula of .5 spaces per slip for property located at 1451 Old Griffin Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ZEN MIERZWA, OWNER OF AMERICAN OFFSHORE MARINA, FROM CHAPTER 28, ZONING, ARTICLE 4.20, SCHEDULE OF USE REGULATIONS, SPECIAL EXCEPTION (4C) OF THE C-3 ZONING DISTRICT AND ARTICLE 6.20, OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." c) SP-41-99 - Request by American Offshore Marine for Site Plan approval to replace the existing steel frame marina with a new building that will serve as a dry dock facility for property located at 1451 Old Griffin Road. AGENDA CITY OF DANIA BEACH 4 JULY 13, 1999 f 1-. .ri r i r i "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, i APPROVING THE SITE PLAN REQUEST SUBMITTED BY ZEN MIERZWA, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH FLORIDA: PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.8 SP-24-99 Request for Site Plan approval by Jeff Collie to construct a 2,368 sq. ft. retail building to be located on the west side of Dixie Highway and SW 141h Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JEFF COLLIE, FOR PROPERTY LOCATED AT SOUTH DIXIE HWY. AND SW 14T" STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.9 SP-25-99 Request for Site Plan approval by Stephen St. Clair to construct an addition to the existing building known as Competition Cycle Center located at 901 Old Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN ST. CLAIR, OWNER OF COMPETITION CYCLE, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN RD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.10 a) (SA-43-99) — Request for Sign Adjustment by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled 'Zoning", Article 27, "Signs', Section 27.110 "Restrictions" in areas zoned commercial. "A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28. ENTITLED 'ZONING", ARTICLE 27, "SIGNS', SECTION 27.110 RESTRICTIONS IN AREAS ZONED COMMERCIAL, FOR PROPERTY LOCATED AT 151 SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." b) VA-42-99 — Request for Variance approval by Donna Krilich, R.K. Companies, Inc., from Chapter 28, entitled 'Zoning', Article 4.202 "Schedule of Lot, Yard and Bulk" regulations pertaining to height requirements. "A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K. COMPANIES, FROM CHAPTER 28, ZONING, ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 151 AGENDA CITY OF DANIA BEACH 5 JULY 13, 1999 t- I r, T y r SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 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(2110)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 PARTYWILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING.COMMENTS SHALL BE LIMITED TO THREE(3) MINUTES. 5. EXPENDITURE REQUESTS-NONE 6. DISCUSSION AND POSSIBLE ACTION 6.1 Continued discussion of neighborhood concerns of alleyway along SE 4'" Street. (Commissioner Cali) 6.2 Discussion of Avigation Easement Acquisition and Voluntary Sales Assistance Program. (Jay Field, Chair, Airport Advisory Committee) 6.3 Request for reconsideration of abatement of CEB97-0272 by Vincent Albury. (City Attorney) 6.4 Request for abatement of CEB95-0167 by Leslie and Elizabeth Katz for property located 1460 W. Dixie Highway. (Staff) 6.6 Report from city attorney on stop sign installation agreement with Broward County. (Mayor Bertino) 6.7 Report from city attorney on the possibility of disconnecting drainage lines on US #1. (Mayor Bertino) 6.8 Discussion regarding vacating NW 2n°Street between NW 9th Avenue and NW 101" Court. (Mayor Bertino) 6.9 Discussion of creating a Code Enforcement Violation Amnesty Program for Homestead Property. (Commissioner Cali) 6.10 Discussion of"Business of the Month" award. (Mayor Bertino) 7. APPOINTMENTS 7.1 Appointment of(4) members on the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF FOUR (4) MEMBERS 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." AGENDA CITY OF DANIA BEACH 6 JULY 13, 1999 i r 7 r 7.2 Appointment of(1) member on Budget Advisory Committee. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY COMMITTEE 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." 7.3 Appointment of 3 members on the Economic Development and Downtown Redevelopment Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERS TO THE ECONOMIC DEVELOPMENT AND DOWNTOWN REDEVELOPMENT 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." 7.4 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." 7.5 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 EFFECTIVE DATE." 7.6 Appointment of 1 members 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." 7.7 Appointment of 2 members on Human Relations Board. AGENDA CITY OF DANIA BEACH 7 JULY 13, 1999 t Ir-- R r, r Y t "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS 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." 7.8 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) MEMBERS TO THE DANIA HOUSING AUTHORITY BOARD TO SERVE FOUR YEAR TERMS BEGINNING JUNE 1, 1999 THROUGH JUNE 1, 2003; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE." 7.9 Appointment of 1 member to the Planning & Zoning Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE PLANNING & ZONING BOARD; PROVIDING THAT MEMBER SHALL SERVE A TWO (2) YEAR TERM BEGINNING MARCH 16, 1999 AND ENDING 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 CITY OF DANIA BEACH 8 JULY 13, 1999 L r. T F OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, the United States Coast Guard is our nation's oldest and premier maritime service, evolving from five different agencies sanctioned by our early federal government; and WHEREAS, the roots of the United States Coast Guard go back to 1789 when one of those first agencies, dedicated to manning lighthouses, was established under the auspices of the Treasury Department; and WHEREAS, from meager beginnings when its personnel consisted of a few brave souls serving long and lonely tours of duty maintaining the beacons which safely guided seafarers to our shores, the Coast Guard has transitioned to become the sophisticated and multi-faceted agency it is today, staffed by thousands of dedicated men and women; and WHEREAS, although today's Coast Guard continues to remain committed to the mission charged to so `nw all those many years ago, it has become the recipient of modern day technology and necessity allowing it significantly expand its areas of responsibility; and WHEREAS, on the occasion of the Change of Command Ceremony to be held at Coast Guard Station Fort Lauderdale on July 23, 1999, the City Commissioners of the City of Dania Beach, Florida, wish to recognize LCDR James O. Fitton, who will be relieved as Commanding Officer, a position in which he has served since June 4, 1996, for his dedication in carrying out the duties charged to him. NOW, THEREFORE, in acknowledgement of his faithful service to the United States Coast Guard, a career which began with his enlistment on April 10, 1978, and especially recognizing his tour of duty at Station Fort Lauderdale which serves the citizens of Dania Beach as well as surrounding areas, I, John Bertino, as Mayor of the City of Dania Beach, Florida, do hereby proclaim July 23. 1999, as %CDR JAMES 0. FITTON DAY" in our city, and urge all my fellow citizens to join me in recognizing this officer's dedication to his chosen field of endeavor; formally thanking him for making the personal sacrifices he has had to make over the years in service to his country; recognizing him as one who has been truly faithful to the motto and anthem of the United States Coast Guard, "Semper Paratus", (Always Ready); and wishing him well as he travels to his next assignment as Senior Controller, District Operations Center, Miami. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 13'b day of July, 1999. ^TTEST: John Bertino, Mayor Sheryl Chapman, Acting City Clerk i f-