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HomeMy WebLinkAboutNULL (442) 9� 9�9 -r MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 8, 1999 • CALL TO ORDER Mayor Bertino called the meeting to order at 7:30 p.m. INVOCATION *City Manager Smith presented the invocation due to the absence of Reverend Carl Branker, True Bread Worship Center. PLEDGE OF ALLEGIANCE 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) Representative Timothy Ryan - presentation of"Turn Around Florida" Proclamation. Representative Timothy Ryan presented a proclamation from the House of Representative of the State of Florida to Dr. Herman Wrice, founder of the "Turn Around Florida" program and stated that the Legislature had recognized that "Turn Around Florida" advocates the removal of criminal elements and the subsequent community beautification through a joint effort of neighbors working together to replace crime, drugs and violence with community pride, optimism and improved quality of life and he commended them for their successful efforts in reducing drug trafficking and crime in neighborhoods and improving the quality of life in cities and communities throughout the State of Florida. June Silvernale read a letter into the record, from Chairman Sophie Steele of"Turn Around Dania Beach", addressed to Deputy Carlos Carrillo, Deputy Paul Ruffini and Deputy Terry Leonard and the citizens of Dania Beach, MINUTES - CITY OF DANIA BEACH 1 JUNE 8, 1999 t r, t '1 which thanked the above mentioned Deputies and applauded them for their bravery, their conviction, their professionalism and their heroism during their response to a recent criminal incident. b) BSO, —"Deputy of the Month" awards for May 1999: • Deputy Carlos Carrillo • Deputy Paul Ruffini • Deputy Terry Leonard Chief Anton commended Deputies Carlos Carrillo, Paul Ruffini & Terry Leonard for their actions in a life-threatening situation on May 20, 1999, and presented them with plaques for"Deputy of the Month". PROCLAMATIONS Addendum: a) Declaring June 12, 1999, as "Ms. & Junior Miss Wheelchair Florida Pageant 2000 Day' in the City of Dania Beach. City Manager Smith read the proclamation in its entirety. ITEMS 1.2, 1.4, 1.5 AND 1.6 WERE PULLED FROM THE CONSENT AGENDA. 1. CONSENT AGENDA Bills: 1.1 Bills for the month of April 1999. Resolutions: 1.3 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING THE ADOPTION OF ZONING REGULATIONS PRESCRIBING PERVIOUS AND IMPERVIOUS LAND AREA RATIOS OR SIMILAR REGULATIONS TO ALLOW FOR THE EFFECTIVE DRAINAGE OF STORMWATER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to approve the Consent Agenda with the exception of Items 1.2, 1.4, 1.5 and 1.6. The motion passed on the following 5/0 roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes - yes MINUTES - CITY OF DANIA BEACH 2 JUNE 8, 1999 t-- r, 7 7 / ITEMS PULLED FROM THE CONSENT AGENDA: Resolutions: 1.2 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS' INITIATIVE TO APPROPRIATE TWO CENTS ($0.02) OF THE LOCAL OPTION MOTOR FUEL TAX TO FUND EXPANSION OF THE COUNTY'S PUBLIC TRANSIT SERVICE; PROVIDING AUTHORIZATION AND DIRECTION TO THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." VERSION #2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RECOMMENDING THAT THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS IMPLEMENT THE REMAINING TWO CENTS OF THE GAS TAX IN ACCORDANCE WITH A PROPOSED NEW INTERLOCAL AGREEMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE." City Attorney read the revised version of the resolution into the record. Commissioner Mikes explained that version #2 was from the Broward League of Cities, which has language in it that specifically refers to the municipalities controlling half of the two cents. Mayor Bertino pointed out that version #2 allows for a shared responsibility of dispersing the funds between the County and the Cities. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt Version #2 of the resolution regarding the two cent gas tax. The motion passed on the following 5/0 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, APPROVING PROCEDURES FOR RENAMING OR CO-DESIGNATING STREETS AND FOR RENAMING CITY PROPERTIES OR FACILITIES; PROVIDING FOR THE ESTABLISHMENT OF AN APPLICATION PROCESS AND FEES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE." City Attorney Ansbro read the title of the revised version of the resolution. MINUTES - CITY OF DANIA BEACH 3 JUNE 8, 1999 4- r t- F / City Manager Smith explained that "Administration Office" should be "City Manager's Office", the "Parks, Recreation and Community Affairs Advisory Board" was added, the automatic denial of east-west roadways was inserted and a scrivener's error was corrected. Jay Field requested that notification be mailed to all residents within one mile of any City property or facility being considered. Commissioner Etling explained that the resolution stipulates that signatures of 20% of adjoining property owners must be submitted before a request would be considered by the City Commission. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to amend Section 5, Item 9 to "Notification regarding the proposed property or facility name change shall be mailed by the City to adjoining residents within 1,000 feet of a facility or bordering a roadway" and changing "it is an automatic denial if the street had already been renamed" and strike the rest of the sentence". The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino — yes Commissioner Mikes - yes A motion was made by Commissioner Mikes, seconded by Commissioner Etling to adopt the resolution as amended. The motion passed on the following 5/0 roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes - yes Ordinances 1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, 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 M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF PEDD (PORT EVERGLADES DEVELOPMENT DISTRICT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (First reading of ordinance - RZ-28-99 - property located immediately to the north of 999 Eller Drive) City Attorney read the title of the ordinance. He advised that this item would be a quasi-judicial hearing. Commissioner Cali and Commissioner Etling and Mayor Bertino, advised that they spoke with representatives of Cliff Berry, Inc. regarding this matter. MINUTES - CITY OF DANIA BEACH 4 JUNE 8, 1999 f L l-- R f i Commissioner Mikes advised that he received a call from the attorney for Cliff Berry, Inc. but never met with him. City Attorney swore in all persons who would testify in this matter. Terry Virta, Growth Management Director, explained that an agreement was made in 1994, by the City of Dania Beach, Broward County, City of Hollywood and the City of Ft. Lauderdale, committing to rezone all properties within the Port Everglades boundaries to the PEDD zoning district. He stated that the proposed use for this property would be oil processing. Commissioner Mikes requested that the item be postponed until the City can acquire the services of an expert to assure that no pollution risks would be involved. City Attorney Ansbro explained that the agreement obligated the City to rezone the property to the PEDD zoning district. Commissioner Mikes requested that staff research the minutes where the agreement was approved, prior to the second reading of the ordinance. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the ordinance (RZ-28-99) on first reading, with the understanding that staff would provide the minutes of 1994 approving an agreement for the Port Everglades Development District. The motion passed on the following 411 roll call vote: Commissioner Cali —yes Vice-Mayor McElyea — yes Commissioner Etling —yes Mayor Bertino —yes Commissioner Mikes— no Addendum: 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA BUILDING COMMISSION ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE CITIZENS AND RESIDENTS OF BROWARD COUNTY IN THE CURRENT SOUTH FLORIDA BUILDING CODE; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE FLORIDA BUILDING COMMISSION, THE INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, THE DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE BOARD OF COUNTY COMMISSIONERS OF BROWARD, MIAMI-DADE AND MONROE COUNTIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Attorney Ansbro read the title of the resolution. MINUTES -CITY OF DANIA BEACH 5 JUNE 8, 1999 r c-- 7 A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes —yes A representative from "Turn Around Dania Beach" presented several letters from businesses commending 'Turn Around Dania Beach" for their efforts in deterring crime. 2. BIDS: 2.1 Staff recommendation on awarding RFP for solid waste consultant. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING PROPOSAL SUBMITTED BY R.W. BECK FOR CONSULTING SERVICES TO ASSIST THE CITY OF DANIA BEACH IN THE SELECTION OF A SOLID WASTE CONTRACTOR; PROVIDING THAT THE CONSULTANT SERVICES DO NOT EXCEED THE AMOUNT OF$18,656,00, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Commissioner Mikes requested that a process be set up to keep the City Commission aware of the RFP procedures, qualifications and criteria, as well as the reason for staffs recommendation. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to adopt the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Cali—yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino—yes Commissioner Mikes— yes ITEM 6.7 WAS HEARD NEXT. 3. PUBLIC HEARINGS AND SITE PLANS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT THE PORTION OF NE 1ST COURT LYING BETWEEN EAST DANIA BEACH BOULEVARD ON THE SOUTH AND NE 2ND STREET ON THE NORTH SHALL NOW ALSO BE KNOWN AS "AMERICAN LEGION COURT; FURTHER, PROVIDING THAT THE PORTION OF NE 1ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE WEST AND FRONTON BOULEVARD ON THE EAST SHALL NOW BE KNOWN AS "EAST AMERICAN LEGION STREET'AND THE PORTION OF NW 1 ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE EAST AND BRYAN ROAD ON THE WEST SHALL NOW ALSO BE KNOWN AS "WEST AMERICAN LEGION STREET'; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A MINUTES -CITY OF DANIA BEACH 6 JUNE 8, 1999 f L . . /t- r 7 w SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second reading of ordinance) City Attorney Ansbro read the title of the ordinance. do Commissioner Mikes suggested that two of the streets be named after a World War I veteran and a World War II veteran and the third street be named after the American Legion. He felt it would be unique and add to the historic nature of Dania Beach. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to waive all the requirements of the policy that was approved by resolution in Item 1.4 of the agenda. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Vice-Mayor McElyea — yes Commissioner Etling —yes Mayor Bertino —yes Commissioner Mikes— yes Mayor Bertino opened the public hearing. Bobbie Grace spoke in favor of the ordinance, but felt it should have been approved at the last meeting. Cardinal Mason stated by naming the street American Legion Street it would cover the veterans of all the wars. Thomas Jewell agreed with Cardinal Mason and stated that all veterans should be recognized. Commissioner Mikes questioned why there was no representative from the American Legion at the last meeting. Mary Ellen Walsh from American Legion Post 304 explained that no one was present because the annual election was being held on the same night of the last City Commission meeting. Mayor Bertino closed the public hearing. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to adopt the ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali— yes Vice-Mayor McElyea —yes Commissioner Etling —yes Mayor Bertino —yes Commissioner Mikes —yes MINUTES - CITY OF DANIA BEACH 7 JUNE 8, 1999 r, ' r 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT "MODELLO PARK LOCATED NORTHWEST OF THE INTERSECTION OF NW 1ST STREET AND NW 8TH AVENUE, SHALL NOW BE KNOWN AS "CHARLIE WILL THOMAS PARK"; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE SEVERANCE CLAUSE; EXTENT TO THE S FURTHER, PROVIDING FOR UCH ANCONFLICT; EFFECTIVE PROVIDING DA EA (Second reading of ordinance) City Attorney Ansbro read the title of the ordinance. Mayor Bertino opened the public hearing. Bobbie Grace stated that the Northwest Byrd Point Civic Association submitted the request to rename Modello Park to "Charlie Will Thomas" park. She also stated that Charlie Will Thomas was a Vietnam veteran and a loyal and dedicated employee and citizen of the area until the time of his death. Bobbie Grace's mother spoke in favor of renaming the park. Ernest Jackson spoke in favor of renaming the park. Shirley Robinson, niece of Charlie Will Thomas, spoke in favor of renaming the park. Jay Field complained that Griffin Park was renamed without community input and felt that the Commission should grant the request of the community by renaming the park to "Charlie Will Thomas" park. Mayor Bertino closed the public hearing. A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea to waive the street naming procedures approved by resolution in Item 1.4. 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 A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to adopt the ordinance on second reading. 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 3.3 TX-22-99—Alex Medina requests a text amendment, Chapter 28, Zoning, Section 4.20 "Schedule of Use Regulations", that would allow multi-family uses within the C-2 and C-3 Zoning Districts, within the Downtown Redevelopment District, as a Special Exception use. Property located at 236 North Federal Highway. MINUTES - CITY OF DANIA BEACH 8 JUNE 8, 1999 u f /t-- r r '1 I' "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF ZONING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA BY CREATING A NEW SPECIAL EXCEPTION USE IN THE C-2 AND C-3 ZONING DISTRICTS, WHEN SUCH DISTRICTS LIE WITHIN THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT, WHICH WILL AUTHORIZE MULTI-FAMILY HOUSING AS A MIXED USE IN SUCH DISTRICTS, SUBJECT TO COMPLIANCE WITH ALL RESTRICTIONS AND CONDITIONS PRESCRIBED IN THE CITY COMPREHENSIVE LAND USE PLAN; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (First reading of ordinance) Attorney Ansbro advised that this would be a quasi-judicial hearing. He also swore in those persons who would be giving testimony in this matter. Terry Virta, Growth Management Director, explained that the petitioner was seeking to expand the residential uses of this property. He advised that the Planning & Zoning Board, as well as Staff, recommended approval of the request. Alex Medina stated that his plans were to convert the storage area and two employee lounges, which have existing kitchens and showers, into rental units. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of the request and the public hearing was closed. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt the ordinance (TX-22-99) on first reading. Attorney Ansbro was directed to review the ordinance to ensure that protections have been included against potential for prison institutional use and evaluate whether the 50% square footage requirement should be lowered or increased and determine if minimum square footage per unit in the downtown area is sufficient. The motion passed on the following 5/0 roll call vote: Commissioner Cali—yes Commissioner Etlin Commissioner Mikes — es 9 - yes Y Vice-Mayor McElyea—yes Mayor Bertino - yes 3.4 Lu-29-98— Request by Calvin, Giordano &Associates, representing Wilson Atkinson, President of Griffin Point Inc., for land use change on 8.86 acres from Residential (L-5) to Office Park (OP) for property located on the south side of SW 45th Street, west of Ravenswood Road (Anglers Avenue), north side of Griffin Road and east of SW 23rd Avenue. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE TRANSMISSION OF A 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, MINUTES - CITY OF DANIA BEACH g JUNE 8, 1999 A- f ' r -1 y WEST OF RAVENSWOOD ROAD, NORTH OF GRIFFIN ROAD AND EAST OF SW 28TH AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED AS: LOT 16, BLOCK 4, THE MARSHALL EVERGLADES LAND CO. SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 25.00 FEET THEREOF, AND LESS ALL THAT PART OF SAID LOT 16, LYING WITHIN 55.00 FEET OF THE SOUTH LINE OF SAID SECTION 29. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta explained that the petitioner was requesting this change in order to construct two office buildings. He advised that the Planning & Zoning Board recommended approval of the land use change subject to two conditions: (1) the courtyard stay where it is in proximity to the buildings, and (2) that a note be placed on the plat to restrict the site to 140,000 square feet of office space. Commissioner Etling, Vice-Mayor McElyea and Mayor Bertino disclosed that they spoke with Mr. Atkinson regarding the project. Commissioner Mikes advised that he spoke with Jay Field regarding the project. Commissioner Cali advised that he spoke with representatives of the project. City Attorney Ansbro swore in those persons who would be giving testimony in this matter. Shelly Eichner, Calvin, Giordano &Associates, representing Wilson Atkinson, was present to request approval of the request. Mayor Bertino opened the public hearing. Jay Field was concerned about preserving the oak trees on the site, about the hours of operation and about soundproofing the buildings. Manny Salovski, Architect, explained that the intent was to save the significant, existing trees and vegetation on the site. He stated that hours of basic operation would be during the daytime. He also stated that the materials and technology that will be utilized for the project would provide adequate soundproofing. Fred Alson was sworn in by City Attorney Ansbro. Mr. Alson liked what was being proposed, but was concerned about traffic and about the possible decrease in his property value. Mayor Bertino closed the public hearing. MINUTES -CITY OF DANIA BEACH 10 JUNE 8, 1999 f e� r P 1 / A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to adopt the resolution, with the condition that a note be placed on the plat to restrict office use to 140,000 square feet. 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 3.5 VA-30-99—A variance request by Marvin Bennett from the City Of Dania Beach Code of Ordinances - Chapter 28, Zoning, Article 6.21. "Off-Street Parking"for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY MARVIN BENNETT, FROM CHAPTER 28, SECTION 6.21 OFF-STREET PARKING; FOR PROPERTY LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta explained that the applicant was seeking to refurbish an existing building to be utilized for a convenience store. A minimum of eight parking spaces is required but there is only room for six on the site, so the applicant is seeking relief from the parking requirements. The original size of the property has been reduced due to the acquisition of property by Broward County and the Department of Transportation for the widening of streets that front the property on the northern and eastern boundaries. The Planning & Zoning Board and staff recommended approval of the variance request. Mayor Bertino opened the public hearing. Jay Field spoke in opposition of the off-street parking request. Dave Reicht was opposed to off-street parking at the site, but was in favor of the proposed improvement to the neighborhood. Mayor Bertino closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to deny the request. 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 MINUTES - CITY OF DANIA BEACH 11 JUNE 8, 1999 f I-- T F / ITEM 3.6 WAS NOT HEARD DUE TO DENIAL OF ITEM 3.5. 3.6 SP-31-99 — Request for Site Plan approval by Marvin Bennett for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARVIN BENNETT, FOR PROPERTY LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.7 SP-44-99— Request for Site Plan approval by Michael Mogerman, Festival Fun Parks, Inc., in conjunction with revisions to a proposed Water Theme Park, Paint Ball field, dirt track and future proposed rides for property located at 1500 — 1700 NW 1st Street (approximately 9.13 acres of land). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTATIVE FOR FESTIVAL FUN PARKS, FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta explained that the applicant was proposing to use the western most portion of their site to temporarily place a dirt track for small off-road type vehicles. The Planning & Zoning Board recommended approval of the temporary placement of the track. City Attorney Ansbro swore in Mark Mogerman, representing Festival Fun Parks, Inc. He explained that the track would be oval in shape and consist of two acres out of the nine acres on the western portion of the property. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of the request and the Mayor closed the public hearing. Commissioner Mikes felt that the noise would be too much of an impact on the residential neighborhoods. Commissioner Etling was concerned about the dust from the track affecting the traffic on 1-95. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to deny Item 3.7. 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 MINUTES -CITY OF DANIA BEACH 12 JUNE 8, 1999 f r 7 II I 3.8 SP-38-99 — Request for Site Plan approval by Michael Morrison, Morrison Builders, Inc., for the renovation/construction of an existing residential structure into an office building for property located at 2765 SW 36th Street (Collins Road). I "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MORRISON. OWNER OF MORRISON BUILDERS, INC., FOR PROPERTY LOCATED AT 2765 SW 36TH STREET (COLLINS RD), DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta expiained that the Planning & Zoning Board recommended approval of the Site Plan. Michael Morrison was sworn in by City Attorney Ansbro. Mr. Morrison stated that he was attempting to relocate his family business from unincorporated Broward County to Dania Beach and requested that the Site Plan be approved. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of the request and the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to adopt the resolution approving Site Plan (SP-38-99). 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 ITEMS 3.9, 3.10&3.11 WERE HEARD TOGETHER. 3.9 VA-36-99— Request for Variance approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, regarding front yard setback, landscaping and buffering, and height and location of masonry wall requirements for property located at 720 SW 4th Court. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC. / MATERIAL HANDLING, FROM CHAPTER 28 ZONING, ARTICLE 4, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 26, VEGETATION, SEC. 26-50. (a) AND (b) LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY, FOR PROPERTY LOCATED AT 720 SW 4TH CT., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MINUTES -CITY OF DANIA BEACH 13 JUNE 8, 1999 t- t ' r y City Attorney Ansbro read the title of the resolution. Terry Virta explained that there was an existing business at this location but the use is not permitted and is considered a nonconforming use. Mr. Virta explained that a special exception would allow the applicant to expand the use at his current location. Mr. Virta advised that the applicant is seeking a variance from the front yard setback, and approval to construct an eight-foot masonry wall, which is two foot higher than allowed. Mr. Virta explained that construction of the wall would reduce the applicant's ability to provide a landscaping buffer, but the applicant is proposing to exceed the landscaping requirements on the site, and is also willing to make a contribution to the landscaping fund to be used for the area along SW 4th Avenue. Mr. Virta advised that staff and the Planning & Zoning Board recommended approval of the variance, the special exception, and the site plan. City Attorney Ansbro swore in those persons who would be giving testimony during this hearing. Randy Keller, Architect for the applicant requested approval of the variance, special exception and site plan. Mayor Bertino opened the public hearing for Items 3.9. 3.10 & 3.11. Robert Chunn spoke in favor of the requests. Mayor Bertino closed the public hearing for Items 3.9, 3.10 & 3.11. ACTION WAS TAKEN ON ITEM 3.10 PRIOR TO ITEM 3.9. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to adopt the resolution approving the variance (VA-36-99), with the conditions that the petitioner contribute $4,000.00 to the City so that landscaping improvements can be expanded along the entirety of SW 4th Avenue between the railroad tracks and the residential community, and to add a climbing vine type of plant to the proposed masonry wall along the eastern portion of the property to reduce the noise impact. The motion passed on the following 4/1 roll call vote: Commissioner Cali—yes Commissioner Etling - yes Commissioner Mikes —no Vice-Mayor McElyea —yes Mayor Bertino- yes 3.10 SE-35-99 — Request for Special Exception approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, to continue the use of the property for assembly and light fabrication of materials in an I-R (Restricted Industrial) zoning district as a Special Exception use for property located at 720 SW 4th Court. MINUTES -CITY OF DANIA BEACH 14 JUNE 8, 1999 f s r, _r / "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY RONALD AND STACEY FONTES OWNER, AMERICAN CRANES, INC. / MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4TH CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED FOR ASSEMBLY AND LIGHT FABRICATION OF MATERIALS IN AN I-R (RESTRICTED INDUSTRIAL) ZONING DISTRICT, PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; 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." City Attorney Ansbro read the title of the resolution. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the resolution approving the special exception (SE-35-99). 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 A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea, to extend the meeting past 12:00 midnight and no later than 1:30 a.m. to address Public Hearing items through Item 3.14. The motion passed unanimously. 3.11 SP-37-99— Request for Site Plan approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, for the proposed addition of a 736 sq. ft. warehouse area and a 4,750 sq. ft, assemblage area for property located at 720 SW 4th Court. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC./MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4TH CT., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Asnbro read the title of the resolution. A motion was made by Commissioner Vice-Mayor McElyea, seconded by Commissioner Etling, to adopt the resolution approving the Site Plan (SP-37-99) with the conditions that the petitioner pay $4,000.00 to the City so that landscaping improvements can be expanded along the entirety of SW 4'^Avenue between the railroad tracks and the residential community, and to add a climbing vine type of plant to the proposed masonry wall along the western portion of the property in order to reduce noise impact. The motion passed on the following 4/1 roll call vote: Commissioner Cali—yes Commissioner Etling - yes Commissioner Mikes —no Vice-Mayor McElyea —yes Mayor Bertino - yes MINUTES - CITY OF DANIA BEACH 15 JUNE 8, 1999 f r. f 7 / 3.12 VC-32-99 — Request by Richard Schwarts, Sheridan East Partners, LTD, to vacate a 60-foot road right-of-way easement located on the northeast corner of property located at SE 5th Avenue and Sheridan Street. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: THE NORTH 60 FEET, LESS THE WEST 35 FEET THEREOF, OF THE WEST Y2 OF THE SW '% OF THE SW Y, OF THE SW Y4 OF SECTION 2, TOWNSHIP 51 SOUTH RANGE 42 EAST, IN BROWARD COUNTY FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta explained that the applicant had obtained letters of"no objection"from all affected utility companies as well as indication from the City's Public Works Director that he envisions no need for the right-of-way for City purposes. He advised that the Planning &Zoning Board recommended approval of the vacation. Mayor Bertino opened the public hearing. No one spoke in favor or in opposition of the request and the Mayor closed the public hearing. Mr. Schwarts stated that he would be maintaining a 16-foot buffer from the wall southward, which would allow access for utility work. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the resolution vacating certain portions of street rights-of-way (VC-32-99), with the condition that the City maintain a 16-foot easement on the northern boundary of the property. 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 3.13 Zoning Appeal — Request for zoning appeal by Robert B. Lochrie III, Ruden, McClosky, Smith, Schuster& Russell, P.A., representing Park 'N Fly, Inc., from Growth Management Director's determination that the use of a parking lot in PEDD Zoning District is not allowed for property located south of Eller Drive and north of the Hertz Rent-A-car facility in the City of Dania Beach. Mayor Bertino, Vice-Mayor McElyea, Commissioner Cali, Commissioner Etling and Commissioner Mikes disclosed that they had conversation with representatives of Park 'N Fly, Inc. regarding the project. Terry Virta explained that a "parking garage' is listed as a use under the PEDD zoning district, however a "parking lot" is not listed as a permitted use, and the applicant is seeking an appeal from the City Commission. MINUTES - CITY OF DANIA BEACH 16 JUNE 8, 1999 e G__ r 7 l 7 Robert Lochrie, representing Park 'N Fly, Inc. stated that Dania Beach's Code defines the term "garage"as "any building or premises used exclusively for parking and storage of motor vehicles", which would include what his client is proposing. Mr. Lochrie asked that his client's appeal be taken into consideration. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of the request and the Mayor closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to approve the petitioner's zoning appeal with the condition that Park 'N Fly meet landscaping requirements in the M-3 zoning classification as a parking lot use and bring back a site plan to the City Commission for approval. The motion passed on the following 411 roll call vote: Commissioner Cali—yes Commissioner Etlin Commissioner Mikes — no 9 -yes Vice-Mayor McElyea — yes Mayor Bertino - yes 3.14 Zoning Appeal— Request for zoning appeal by John Bernazzoli, Esq., representing Jeremiah J. Kelly, from Growth Management Director's determination that a proposal for a new building on property located at 2490 SW 32nd Street be denied, as it does not come into compliance within the parameters of Section 4 of Ordinance No. 04-99 — Industrial Moratorium. Terry Virta explained that the moratorium ordinance currently in affect allows for modification of existing business but does not define what is meant by modification. He stated that J.J. Kelly is proposing to construct an addition of 7, 920 square feet to an existing building, which is only 2, 220 square feet. The dictionary definition of modification is "a small alteration, adjustment or limitation." It was staffs opinion that an addition that would be approximately 4 times larger than the existing structure would not be considered a small alteration and therefore the request was denied. Mayor Bertino and Commissioner Etling disclosed that they spoke with representatives about the project. Attorney John Bernazzoli, representing J. J. Kelly, argued that his Webster dictionary defined "modification"as "a change or an alteration", it does not use the word "small". He also argued that the moratorium only applies to heavy industrial uses and should not apply to the use of his client's business. Mr. Bernazzoli asked the City Commission to consider his client's appeal. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of the request and the public hearing was closed. Commissioner Etling felt that and expansion to Mr. Kelly's existing business should be allowed. MINUTES -CITY OF DANIA BEACH 17 JUNE 8, 1999 f L r, r 7 A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to deny the zoning appeal by John Bernazzoli, Esq., representing Jeremiah J. Kelly. The motion 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 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 Emerson Allsworth request to amend the plat note for the La Quinta Plat and file a delegation request with Broward County for property located on the north side of Griffin Road. Emerson Allsworth reported that upon Commission request, he submitted to the City Manager, a letter of"no objection" from the Department of Aviation and a letter from the Department of Transportation commenting that there should be no left-turn out of the site and that a right-turn lane must be provided for the site. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to approve the request to amend the Plat Note. 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 6.6 WAS HEARD NEXT. 6.2 Discussion of Sheridan Street and 5th Avenue sidewalk. Item 6.2 was continued to 6/22/99 Regular Meeting. 6.3 Discussion regarding hiring a crossing guard for Federal Highway. A motion was made by Mayor Bertino, after passing the gavel, seconded by Commissioner Mikes to hire a crossing guard for Olsen Middle School on Federal Highway as requested by the Broward County School Board. The motion passed on the following roll call vote: MINUTES - CITY OF DANIA BEACH 18 JUNE 8, 1999 i d 1-- r 7 I F _ l I Commissioner Cali —yes Commissioner Etling -yes Commissioner Mikes—yes Vice-Mayor McElyea —yes i Mayor Bertino - yes APPOINTMENTS WERE MADE NEXT. 6.4 Discussion of library site. Item 6.4 was continued to 6/22/99 Regular Meeting. 6.5 Discussion regarding distribution of minutes and minutes' summary and development of agenda by Email. Item 6.5 was continued to 6/22/99 Regular Meeting. 6.6 Request by Neptune Fireworks, Inc. for permit approval to place a temporary banner in front of the store for six months beginning June 9th and to place a tent on the side of the building for an undetermined period of time. A motion was made by Commissioner Cali, seconded by Vice-Mayor Mc Elyea to approve the request by Neptune Fireworks, Inc. to allow a tent for the period June 18 through July 5 and banners for six months beginning June 9, 1999. 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. 6.7 Discussion of Solid Waste Collection Program. City Manager Smith stated that staff was recommending a 5-year initial contract be entered into with an option for an additional 3 years. The City currently has three separate hauling contracts and staffs objective is to combine all three contracts into one contract with the same level of service throughout the entire City. Staff is also recommending that a 90-gallon wheeled container system be used. In response to Commissioner Mikes, Rick Hutchinson representing R.W. Beck, stated that at least three vendors would be expected to respond to the Request for Proposal. 6.8 Discussion of Roller Hockey Rink. Item 6.8 was continued to 6/22/99 Regular Meeting. MINUTES - CITY OF DANIA BEACH 19 JUNE 8, 1999 t It—. r, T r i 6.9 Discussion of entryway sign for City of Dania Beach to be constructed by Broward County. Item 6.9 was continued to 6/22/99 Regular Meeting. 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." Commissioner Mikes nominated Gary Luedtke for the Airport Advisory Board. A motion was made by Commissioner Etling, seconded by Commissioner Mikes to adopt the resolution appointing Gary Luedtke to the Airport Advisory Board. The motion passed unanimously. 7.2 Appointment of(1) member on Budget Advisory Committee. 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 2 members on Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS 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." Commissioner Mikes nominated Connie Van Dyke for the Parks, Recreation and Community Affairs Board. A motion was made by Commissioner Etling, seconded by Commissioner Mikes to adopt the resolution appointing Connie Van Dyke to the Parks, Recreation and Community Affairs Board. The motion passed unanimously. 7.7 Appointment of 3 members on Human Relations Board. MINUTES - CITY OF DANIA BEACH 20 JUNE 8, 1999 r M L n I 7.8 Appointment of 2 members on Dania Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) 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 Merita Mitchell for the Dania Housing Authority. A motion was made by Commissioner Cali, seconded by Commissioner Mikes to adopt the resolution appointing Merita Mitchell to the Dania Housing Authority. The motion passed unanimously. 7.9 Appointment of 1 member on General Employees' Pension Board as Richard Eglinas' term ends June 23, 1999. 8. ADMINISTRATIVE REPORTS—NO COMMENTS 9. COMMISSION COMMENTS— NO COMMENTS THIS MEETING ADJOURNED AT 1:33 A.M. ATTEST: ° tl /, /" MAYOR—COMIMISSIONER ACTING CITY CLERK RESPECTFULLY SUBMITTED BY NANCI DENNY APPROVED: January 23, 2001 MINUTES -CITY OF DANIA BEACH 21 JUNE 8, 1999 f r Y, T 7 I MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 8, 1999 MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7.30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager Smith presented the invocation due to the absence of Reverend Carl Branker, True Bread Worship Center. PLEDGE OF ALLEGIANCE 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) Representative Timothy Ryan presentation of"Turn Around Florida"Proclamation. Dr. Herman Wrice was presented a proclamation from the State of Florida, House of Representatives, by Representative Timothy Ryan. b) BSO —"Deputy of the Month"awards for May 1999: • Deputy Carlos Carrillo • Deputy Paul Ruffini • Deputy Terry Leonard 'Special presentations to Deputies from"Turn Around Dania Beach." PROCLAMATIONS Addendum: a) Declaring June 12, 1999, as "Ms. & Junior Miss Wheelchair Florida Pageant 2000 Day'in the City of Dania Beach. ITEMS PULLED FROM THE CONSENT AGENDA: 1.2, 1.4, 1.5 AND 1.6. 1. CONSENTAGENDA Bills: 1.1 Bills for the month of April, 1999. 1.3 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING THE ADOPTION OF ZONING REGULATIONS PRESCRIBING PERVIOUS AND MINUTES SUMMARY- CITY OF DANIA BEACH 1 JUNE 8, 1999 f lc,-- R t, r 7 IMPERVIOUS LAND AREA RATIOS OR SIMILAR REGULATIONS TO ALLOW FOR THE EFFECTIVE DRAINAGE OF STORMWATER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) A MOTION APPROVING THE CONSENT AGENDA,EXCEPT FOR ITEMS 1.2. 1.4. 1.5 AND 1.6 PASSED ON A UNANIMOUS ROLL CALL VOTE. ITEMS PULLED FROM THE CONSENT AGENDA: Resolutions: 1.2 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS' INITIATIVE TO APPROPRIATE TWO CENTS ($0.02) OF THE LOCAL OPTION MOTOR FUEL TAX TO FUND EXPANSION OF THE COUNTY'S PUBLIC TRANSIT SERVICE; PROVIDING AUTHORIZATION AND DIRECTION TO THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS,THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) VERSION#2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RECOMMENDING THAT THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS IMPLEMENT THE REMAINING TWO CENTS OF THE GAS TAX IN ACCORDANCE WITH A PROPOSED NEW INTERLOCAL AGREEMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE. A MOTION ADOPTING VERSION#2 OF THE RESOLUTION PASSED ON A UNANIMOUS ROLL CALL VOTE (CAD99.038 ADM.SERVICES) 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING PROCEDURES FOR RENAMING OR CO-DESIGNATING STREETS AND FOR RENAMING CITY PROPERTIES OR FACILITIES; PROVIDING FOR THE ESTABLISHMENT OF AN APPLICATION PROCESS AND FEES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE.-(STAFF) A MOTION ADOPTING THE RESOLUTION WITH AMENDMENTS PASSED ON A UNANIMOUS ROLL CALL VOTE.(CAD99.029 ADM.SERVICES) MINUTES SUMMARY- CITY OF DANIA BEACH 2 JUNE 8, 1999 L .. f a h ORDINANCES—TITLE TO BE READ BY CITY ATTORNEY 1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, 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 M- 3 (INDUSTRIAL) TO THE CLASSIFICATION OF PEDD (PORT EVERGLADES DEVELOPMENT DISTRICT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE - RZ-28-99 - PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF 999 ELLER DRIVE) _A_MOTION ADOPTING THE ORDINANCE(RZ-28-991 ON FIRST READING PASSED ON A 4/1 VOTE WITH THE UNDERSTANDING THAT STAFF WOULD PROVIDE THE MINUTES IN 1994 APPROVING AN AGREEMENT FOR THE PEDD(PORT EVERGLADES DEVELOPMENT DISTRICT). The motion passed on the following 411 roll call vote: Commissioner Cali—yes Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes ADDENDUM: 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA BUILDING COMMISSION ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE CITIZENS AND RESIDENTS OF BROWARD COUNTY IN THE CURRENT SOUTH FLORIDA BUILDING CODE; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE FLORIDA BUILDING COMMISSION, THE INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, THE DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE BOARD OF COUNTY COMMISSIONERS OF BROWARD, MIAMI•DADE AND MONROE COUNTIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." (COMMISSIONER MIKES) A MOTION ADOPTING THE RESOLUTION PASSED ON A UNANIMOUS ROLL CALL VOTE. (CAD99.039 ADM.SERVICES) 2. BIDS: 2.1 Staff recommendation on awarding RFP for solid waste consultant. MINUTES SUMMARY- CITY OF DANIA BEACH 3 JUNE 8, 1999 a_ f It - a y "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING PROPOSAL SUBMITTED BY R.W. BECK FOR CONSULTING SERVICES TO ASSIST THE CITY OF DANIA BEACH IN THE SELECTION OF A SOLID WASTE CONTRACTOR; PROVIDING THAT THE CONSULTANT SERVICES DO NOT EXCEED THE AMOUNT OF $18,656.00; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION ADOPTING THE RESOLUTION PASSED ON A UNANIMOUS ROLL CALL VOTE. (CAD99 040 FINANCE) 3. PUBLIC HEARINGS AND SITE PLANS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT THE PORTION OF N.E. 1ST COURT LYING BETWEEN EAST DANIA BEACH BOULEVARD ON THE SOUTH AND N.E. 2NO STREET ON THE NORTH SHALL NOW ALSO BE KNOWN AS "AMERICAN LEGION COURT'; FURTHER, PROVIDING THAT THE PORTION OF N.E. 1ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE WEST AND FRONTON BOULEVARD ON THE EAST SHALL NOW BE KNOWN AS "EAST AMERICAN LEGION STREET" AND THE PORTION OF NW 1ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE EAST AND BRYAN ROAD ON THE WEST SHALL NOW ALSO BE KNOWN AS "WEST AMERICAN LEGION STREET'; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF ORDINANCE) A MOTION WAIVING THE STREET NAMING PROCEDURES FOR THIS ORDINANCE PASSED ON A UNANIMOUS ROLL CALL VOTE A MOTION ADOPTING THE ORDINANCE ON SECOND READING PASSED ON A UNANIMOUS ROLL CALL VOTE (CAD99 029 ADM SERVICES) 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT "MODELLO PARK", LOCATED NORTHWEST OF THE INTERSECTION OF N.W. 1ST STREET AND N.W. 8TN AVENUE, SHALL NOW BE KNOWN AS "CHARLIE WILL THOMAS PARK'; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF ORDINANCE) MINUTES SUMMARY- CITY OF DANIA BEACH 4 JUNE 8, 1999 T 7 I NG ORDINANCE PASSED ONSA UNANIMOUIS ROLLL CALL VOTE OR THIS 1 A MOTION ADOPTING THE ORDINANCE ON SECOND READING PASSED , ON A 312 ROLL CALL VOTE ASIOLLOWS (CA399 029 ADM SERVICE Commissioner Etling-no Commissioner Cali—yes Vice-Mayor McElyea—yes Commissioner Mikes—no Mayor Bertino-yes 3.3 TX-22.99—Alex Medina requests a text amendment, Chapter 28, Zoning, Section 4.20"Schedule of Use Regulations', that would allow multifamily uses within the C-2 and C-3 Zoning Districts, within the Downtown Redevelopment e 2 6i strict, as al Highway. Exception use. Property "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF ZONING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA BY CREATING A NEW SPECIAL EXCEPTION USE IN THE C-2 AND C-3 ZONING DISTRICTS, WHEN SUCH DISTRICTS LIE WITHIN THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT, WHICH WILL AUTHORIZE MULTI-FAMILY HOUSING AS A MIXED USE IN SUCH DISTRICTS, SUBJECT TO COMPLIANCE WITH ALL RESTRICTIONS AND CONDITIONS PRESCRIBED IN THE CITY COMPREHENSIVE LAND USE PLAN; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING IFECTIVE DATE." (FIRST READING OF ORDINANCE) AN EFFECTIVE ATTORNEY ANSBRO WAS DIRECTED TO REVIEW THE ORDINANCE TO ENSURE THAT PROTECTIONS HAVE BEEN INCLUDED AGAINST POTENTIAL FOR PRISON INSTITUTIONAL USE AND EVALUATE WHETHER THE 50%u S UARE FOOTAGE RE UIREMENT SHOULD BE LOWERED OR INCREASED AND DETERMINE IF MINIMUM SQUARE FOOTAGE PER UNIT IN THE DOyyTOWN AREA IS SUFFICIENT. A MOTION ADOPTING THE ORDINANCE TX-22-99 ON FIRST READING PASSED ON A UNANIMOUS ROLL CALL VOTE. CAD99.041 CITY ATTORNEY 3.4 LU-29-98 — Request by Calvin, Giordano & Associates, representing Wilson Atkinson, President of Griffin Point Inc., for land use change on 8.86 acres from Residential (L-5) to Office Park(OP)for property located on the south side of SW 451° Street, west of Ravenswood Road (Anglers Avenue), north side of Griffin Road and east of SW 23rtl Avenue. MINUTES SUMMARY- 5 JUNE 8, 1999 CITY OF DANIA BEACH R r y "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE TRANSMISSION OF A 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 GRIFFINOF RD. AND EAST OF SW 28TH AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED AS: LOT 16, BLOCK 4, THE MARSHALL EVERGLADES LAND CO. SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS IN PLAT BOOK 1, PAGE 98, OF HE PUBLIC RECORDS OFDDA E COUNTY, FLORIDA, LESS THE NORTH 25.00 FEET THEREOF, AND LESS ALL THAT PART OF SAID LOT 16, LYING WITHIN 55.00 FEET OF THE SOUTH LINE OF SAID SECTION 29. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT RESOLUTHE EXTENT OF WITH THIS SUCH CONFLIICTTFOURTHER, PROVIDINGARE REPEALEDO FOR AN EFFECTIVE DATE. A MOTION ADOPTING THE RESOLUTION WITH THE CONDITION THAT A PLACED UN I Mr- =STRICT O SQUARE FEET PASSED ON A UNAN MOUSROLLF 140000 CALL VOTE 3.5 VA-30-99—A variance request by Marvin Bennett from the City Of Dania Beach Code of Ordinances - Chapter 28, Zoning, Article 6.21. "Off-Street Parking" for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY STREET PARKI G;FROM FOR PROPPERTYB LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION DENYING THE RESOLUTION PASSED ON A UNANIMOUS ROLL CALL VOTE. 3.6 SP-31-99 — Request for Site Plan approval by Marvin Bennett for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARVIN BENNETT, FOR PROPERTY LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING MINUTES SUMMARY- 6 JUNE 8, 1999 CITY OF DANIA BEACH r , 7 I THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." ITEM NOT HEARD DUE TO DENIAL OF ITEM 3.5. 3.7 SP-44-99— Request for Site Plan approval by Michael Mogerman, Festival Fun Parks, Inc., in conjunction with revisions to a proposed Water Theme Park, Paint Ball field, dirt track and future proposed rides for property located at 1500 — 1700 NW 1" Street (approximately 9.13 acres of land). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTATIVE FOR FESTIVAL FUN PARKS, FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION DENYING THE RESOLUTION PASSED ON A 4/1 ROLL CALL VOTE AS FOLLOWS: 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 3.8 SP-38.99 — Request for Site Plan approval by Michael Morrison, Morrison Builders, Inc., for the renovation/construction of an existing residential structure into an office building for property located at 2765 SW 361" Street(Collins Road). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MORRISON, OWNER OF MORRISON BUILDERS, INC., FOR PROPERTY LOCATED AT 2765 SW 36T" STREET (COLLINS RD), DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION ADOPTING THE RESOLUTION PASSED ON A UNANIMOUS ROLL CALL VOTE. 3.9 VA-36-99 — Request for Variance approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, regarding front yard setback, landscaping and buffering, and height and location MINUTES SUMMARY- CITY OF DANIA BEACH 7 JUNE 8, 1999 1- f r G,� w / of masonry wall requirements for property located at 720 SW 4�h Court. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC. / MATERIAL HANDLING, FROM CHAPTER 28 ZONING, ARTICLE 4, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 26, VEGETATION, SEC. 26-50. (A) AND (B) LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION ADOPTED RESOLUTION (VA-36-99)WITH THE CONDITIONS THAT THE PETITIONER WILL PAY$4 000 00 TO THE CITY SO THAT LANDSCAPING IMPROVEMENTS CAN BE EXPANDED ALONG THE ENTIRETY OF SW 4T"AVENUE BETWEEN THE RAILROAD TRACKS AND RESIDENTIAL COMMUNITY AND ADD A CLIMBING VINE TYPE OF PLANT TO THE PROPOSED MASONRY WALL ALONG THE EASTERN PORTION OF THE PROPERTY TO REDUCE NOISE IMPACT. The motion passed on the following 4/1 roll call vote: Commissioner Cali—yes Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes 3.10 5E-35-99 — Request for Special Exception approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, to continue the use of the property for assembly and light fabrication of materials in an I-R (Restricted Industrial) zoning district as a Special Exception use for property located at 720 SW 4th Court. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY RONALD AND STACEY FONTES OWNER, AMERICAN CRANES, INC. / MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED FOR ASSEMBLY AND LIGHT FABRICATION OF MATERIALS IN AN I-R (RESTRICTED INDUSTRIAL) ZONING DISTRICT, PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; 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. MINUTES SUMMARY- CITY OF DANIA BEACH 8 JUNE 8, 1999 1 G r. r -I A MOTION ADOPTING RESOLUTION (SE-35-99) PASSED ON A UNANIMOUS ROLL CALL VOTE. MOTION MADE AND SECONDED TO EXTEND MEETING PAST 12.00 MIDNIGHT AND NO LATER THAN 1:30 A.M. TO ADDRESS PUBLIC HEARING ITEMS THROUGH#3.14. 3.11 SP-37-99 — Request for Site Plan approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, for the proposed addition of a 736 sq.ft. warehouse area and 4,750 sq. ft. assemblage area for property located at 720 SW 41h Court. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC./MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A MOTION ADOPTED RESOLUTION (SP-37-99)WITH THE CONDITIONS THAT THE PETITIONER WILL PAY$4 000 00 TO THE CITY SO THAT LANDSCAPING IMPROVEMENTS CAN BE EXPANDED ALONG THE ENTIRETY OF SW 41"AVENUE, BETWEEN THE RAILROAD TRACKS AND RESIDENTIAL COMMUNITY, AND ADD A CLIMBING VINE TYPE OF PLANT TO THE PROPOSED MASONRY WALL ALONG THE WESTERN PORTION OF THE PROPERTY IN ORDER TO REDUCE NOISE IMPACT The motion passed on the following 411 roll call vote: Commissioner Cali—yes Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes 3.12 VC-32-99 — Request by Richard Schwarts, Sheridan East Partners, LTD, to vacate a 60 foot road right-of-way easement located on the northeast corner of property located at SE 5'h Avenue and Sheridan Street. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: THE NORTH 60 FEET, LESS THE WEST 35 FEET THEREOF, OF THE WEST '/ OF THE SW '%OF THE SW'% OF THE SW '/a OF SECTION 2, TOWNSHIP 51 SOUTH RANGE 42 EAST, IN BROWARD COUNTY FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT MINUTES SUMMARY- CITY OF DANIA BEACH 9 JUNE 8, 1999 f I, t r 7 r OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION ADOPTING RESOLUTION (VC-32-99), WITH THE CONDITION THAT THE CITY MAINTAIN A 16 FOOT EASEMENT ON THE NORTH PASSED ON A UNANIMOUS ROLL CALL VOTE. 3.13 ZONING APPEAL — Request for zoning appeal by Robert B. Lochrie,lll, Ruden, McClosky, Smith, Schuster & Russell, P.A., representing Park 'N Fly, Inc., from Growth Management Director's determination that the use of a parking lot in PEDD Zoning District is not allowed for property located south of Eller Drive and north of the Hertz Rent-A-car facility in the City of Dania Beach. MOTION APPROVED THE PETITIONER'S ZONING APPEAL WITH THE CONDITION THAT PARK N FLY WILL MEET LANDSCAPING REQUIREMENTS IN THE M-3 ZONING CLASSIFICATION AS A PARKING LOT USE AND BRING BACK A SITE PLAN BEFORE THE CITY COMMISSION FOR APPROVAL. The motion passed on the following 411 roll call vote: Commissioner Cali—yes Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes 3.14 ZONING APPEAL — Request for zoning appeal by John Bernazzoli, Esq., representing Jeremiah J. Kelly, from Growth Management Director's determination that a proposal for a new building on property located at 2490 SW 32ntl Street be denied, as it does not come into compliance within the parameters of Section 4 of Ordinance No. 04-99—Industrial Moratorium. MOTION DENYING THE ZONING APPEAL BY JOHN BERNAZZOLI ESQ. REPRESENTING JEREMIAH J. KELLY PASSED AS FOLLOWS: The motion 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 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 MINUTES SUMMARY- CITY OF DANIA BEACH 10 JUNE 8, 1999 f F• r / 6. DISCUSSION AND POSSIBLE ACT/ON 6.1 Emerson Allsworth request to amend the plat note for the La Quinta Plat and file a delegation request with Broward County for property located on the north side of Griffin Road. (Continued from 5/11/99 and 5/25/99 regular meetings) MOTION PASSED UNANIMOUSLY APPROVING THE REQUEST TO AMEND THE PLAT NOTE: 6.2 Discussion of Sheridan Street and 51h Avenue sidewalk. (Commissioner Mikes) CONTINUED TO 6/22/99 REGULAR MEETING 6.3 Discussion regarding hiring a crossing guard for Federal Highway. (Mayor Bertino) MOTION PASSED UNANIMOUSLY TO HIRE A CROSSING GUARD FOR FEDERAL HIGHWAY AS REQUESTED BY THE BROWARD COUNTY SCHOOL BOARD. 1CAD99.041 ADM SERVICES) 6.4 Discussion of library site. (Commissioner Mikes) CONTINUED TO 6/22/99 REGULAR MEETING 6.5 Discussion regarding distribution of minutes and minutes summary and development of agenda by Email. (Mayor Bertino) CONTINUED TO 6122/99 REGULAR MEETING 6.6 Request by Neptune Fireworks, Inc. for permit approval to place a temporary banner in front of the store for six months beginning June 9th and to place a tent on the side of the building for an undetermined period of time. (staff) MOTION PASSED UNANIMOUSLY APPROVING THE REQUEST BY NEPTUNE FIREWORKS INC. TO ALLOW A TENT FOR THE PERIOD JUNE 18 THROUGH JULY 5 AND BANNERS FOR SIX MONTHS BEGINNING JUNE 9T" 1999. 6.7 Discussion of Solid Waste Collection Program. (staff) DISCUSSED WITH R.W. BECK UNDER ITEM 2.1. 6.8 Discussion of Roller Hockey Rink. (staff) CONTINUED TO 6/22199 REGULAR MEETING. 6.9 Discussion of entryway sign for City of Dania Beach to be constructed by Broward County. (staff) CONTINUED TO 6/22/99 REGULAR MEETING 7. APPOINTMENTS 7.1 Appointment of(4) members on the Airport Advisory Board. MINUTES SUMMARY- CITY OF DANIA BEACH 11 JUNE 8, 1999 r r h T I' "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." COMMISSIONER MIKES APPOINTED GARY LUEDTKE. 7.2 Appointment of(1) member on Budget Advisory Committee. 7.3 Appointment of 3 members on the Economic Development and Downtown Redevelopment Board. 7.4 Appointment of 1 members on the Marine Advisory Board. 7.5 Appointment of 2 members on the Occupational License Review Advisory Board. 7.6 Appointment of 2 members on Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS 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." COMMISSIONER MIKES APPOINTED CONNIE VAN DYKE. 7.7 Appointment of 3 members on Human Relations Board. 7.8 Appointment of 2 members on Dania Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) 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 APPOINTED MERITA MITCHELL TO THE DANIA HOUSING AUTHORITY. 7.9 Appointment of 1 member on General Employees' Pension Board as Richard Eglinas'term ends June 23, 1999. MOTION PASSED UNANIMOUSLY ADOPTING RESOLUTIONS FOR ITEMS 7.1, 7.6 AND 7.8 APPOINTING MEMBERS AS PRESENTED. (CAD99.017 ADM. SERVICES) 8. ADMINISTRATIVE REPORTS—NO COMMENTS 9. COMMISSION COMMENTS—NO COMMENTS THIS MEETING ADJOURNED AT 1:33 A.M. MINUTES SUMMARY- CITY OF DANIA BEACH 12 JUNE 8, 1999 r, T 7 i AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 8, 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 72 HOURS PRIOR TO MEETING. CALL TO ORDER INVOCATION Reverend Carl Branker, True Bread Worship Center PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS a) Representative Timothy Ryan presentation of"Turn Around Florida' Proclamation. b) BSO —"Deputy of the Month" awards for May 1999: • Deputy Carlos Carrillo • Deputy Paul Ruffini • Deputy Terry Leonard "Special presentations to Deputies from "Turn Around Dania Beach." PROCLAMATIONS-none AGENDA CITY OF DANIA BEACH 1 JUNE 8, 1999 t It-- i r 1 I 1. CONSENTAGENDA Bills: 1.1 Bills for the month of April, 1999. Resolutions: 1.2 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS' INITIATIVE TO APPROPRIATE TWO CENTS ($0.02) OF THE LOCAL OPTION MOTOR FUEL TAX TO FUND EXPANSION OF THE COUNTY'S PUBLIC TRANSIT SERVICE; PROVIDING AUTHORIZATION AND DIRECTION TO THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.3 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING THE ADOPTION OF ZONING REGULATIONS PRESCRIBING PERVIOUS AND IMPERVIOUS LAND AREA RATIOS OR SIMILAR REGULATIONS TO ALLOW FOR THE EFFECTIVE DRAINAGE OF STORMWATER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING PROCEDURES FOR RENAMING OR CO-DESIGNATING STREETS AND FOR RENAMING CITY PROPERTIES OR FACILITIES; PROVIDING FOR THE ESTABLISHMENT OF AN APPLICATION PROCESS AND FEES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE DATE." (STAFF) Ordinances— Title to be read by city attorney 1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, 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 AGENDA CITY OF DANIA BEACH 2 JUNE 8, 1999 f r 7 b ' CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF PEDD (PORT EVERGLADES DEVELOPMENT DISTRICT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE - RZ-28-99 - PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF 999 ELLER DRIVE) 2. BIDS: 2.1 Staff recommendation on awarding RFP for solid waste consultant. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING PROPOSAL SUBMITTED BY R.W. BECK FOR CONSULTING SERVICES TO ASSIST THE CITY OF DANIA BEACH IN THE SELECTION OF A SOLID WASTE CONTRACTOR; PROVIDING THAT THE CONSULTANT SERVICES DO NOT EXCEED THE AMOUNT OF $18,656.00; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3. PUBLIC HEARINGS AND SITE PLANS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT THE PORTION OF N.E. 1ST COURT LYING BETWEEN EAST DANIA BEACH BOULEVARD ON THE SOUTH AND N.E. 2NO STREET ON THE NORTH SHALL NOW ALSO BE KNOWN AS "AMERICAN LEGION COURT"; FURTHER, PROVIDING THAT THE PORTION OF N.E. 1ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE WEST AND FRONTON BOULEVARD ON THE EAST SHALL NOW BE KNOWN AS "EAST AMERICAN LEGION STREET" AND THE PORTION OF NW 1ST STREET LYING BETWEEN FEDERAL HIGHWAY ON THE EAST AND BRYAN ROAD ON THE WEST SHALL NOW ALSO BE KNOWN AS "WEST AMERICAN LEGION STREET; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF ORDINANCE) 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT "MODELLO PARK", LOCATED NORTHWEST OF THE INTERSECTION OF N.W. 1ST STREET AND N.W. 8TN AVENUE, SHALL NOW BE KNOWN AS "CHARLIE WILL THOMAS PARK" PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (SECOND READING OF ORDINANCE) AGENDA CITY OF DANIA BEACH 3 JUNE 8, 1999 L r 7 • • • 3.3 TX-22-99—Alex Medina requests a text amendment, Chapter 28, Zoning, Section 4.20"Schedule of Use Regulations',that would allow multifamily uses within the C-2 and C-3 Zoning Districts, within the Downtown - Redevelopment District, as a Special Exception use. Property located at 236 N. Federal Highway. "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF ZONING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA BY CREATING A NEW SPECIAL EXCEPTION USE IN THE C-2 AND C-3 ZONING DISTRICTS, WHEN SUCH DISTRICTS LIE WITHIN THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT, WHICH WILL AUTHORIZE MULTI-FAMILY HOUSING AS A MIXED USE IN SUCH DISTRICTS, SUBJECT TO COMPLIANCE WITH ALL RESTRICTIONS AND CONDITIONS PRESCRIBED IN THE CITY COMPREHENSIVE LAND USE PLAN; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE) 3.4 LU-29-98 — Request by Calvin, Giordano & Associates, representing Wilson Atkinson, President of Griffin Point Inc., for land use change on 8.86 acres from Residential (L-5) to Office Park (OP) for property located on the south side of SW 45" Street, west of Ravenswood Road (Anglers Avenue), north side of Griffin Road and east of SW 23r°Avenue. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE TRANSMISSION OF A 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 AS: LOT 16, BLOCK 4, THE MARSHALL EVERGLADES LAND CO. SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 25.00 FEET THEREOF, AND LESS ALL THAT PART OF SAID LOT 16, LYING WITHIN 55.00 FEET OF THE SOUTH LINE OF SAID SECTION 29. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 3.5 VA-30.99—A variance request by Marvin Bennett from the City Of Dania Beach Code of Ordinances - Chapter 28, Zoning, Article 6,21. "Off-Street AGENDA CITY OF DANIA BEACH 4 JUNE 8, 1999 d_ f r, r r Parking" for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY MARVIN BENNETT, FROM CHAPTER CHAPTER 28, SECTION 6.21 OFF- STREET PARKING; FOR PROPERTY LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.6 SP-31-99 — Request for Site Plan approval by Marvin Bennett for proposed development of a Convenience Store to be located at 4201 Ravenswood Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARVIN BENNETT. FOR PROPERTY LOCATED AT 4201 RAVENSWOOD RD., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.7 SP-44-99 — Request for Site Plan approval by Michael Mogerman, Festival Fun Parks, Inc., in conjunction with revisions to a proposed Water Theme Park, Paint Ball field, dirt track and future proposed rides for property located at 1500 — 1700 NW 1st Street (approximately 9.13 acres of land). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTATIVE FOR FESTIVAL FUN PARKS, FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.8 SP-38-99—Request for Site Plan approval by Michael Morrison, Morrison Builders, Inc., for the renovation/construction of an existing residential structure into an office building for property located at 2765 SW 36" Street (Collins Road). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MORRISON, OWNER OF MORRISON BUILDERS, INC., FOR PROPERTY LOCATED AT 2765 SW 36T" STREET (COLLINS RD), DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." AGENDA CITY OF DANIA BEACH 5 JUNE 8, 1999 .t r 7 7 3.9 VA-36-99—Request for Variance approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, regarding front yard setback, landscaping and buffering, and height and location of masonry wall requirements for property located at 720 SW 4'h Court. "A RESOLUTION APPROVING THE VARIANCE REQUEST BY RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC. / MATERIAL HANDLING, FROM CHAPTER 28 ZONING, ARTICLE 4, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 26, VEGETATION, SEC. 26-50. (A) AND (B) LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.10 SE-35-99 — Request for Special Exception approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, to continue the use of the property for assembly and light fabrication of materials in an I- R (Restricted Industrial) zoning district as a Special Exception use for property located at 720 SW 41h Court. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY RONALD AND STACEY FONTES OWNER, AMERICAN CRANES, INC. / MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED FOR ASSEMBLY AND LIGHT FABRICATION OF MATERIALS IN AN I-R (RESTRICTED INDUSTRIAL) ZONING DISTRICT, PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; 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, 3.11 SP-37-99— Request for Site Plan approval by Ronald and Stacey Fontes, American Cranes, Inc/Material Handling, for the proposed addition of a 736 sq.ft. warehouse area and 4,750 sq. ft. assemblage area for property located at 720 SW 4m Court. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED RONALD AND STACEY FONTES, OWNERS OF AMERICAN CRANES, INC./MATERIAL HANDLING, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." AGENDA CITY OF DANIA BEACH 6 JUNE 8, 1999 f ' r -r -7 J 3.12 VC-32-99 — Request by Richard Schwarts, Sheridan East Partners, LTD, to vacate a 60 foot road right-of-way easement located on the northeast corner of property located at SE 51"Avenue and Sheridan Street. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: THE NORTH 60 FEET, LESS THE WEST 35 FEET THEREOF, OF THE WEST '/1 OF THE SW% OF THE SW '% OF THE SW '% OF SECTION 2, TOWNSHIP 51 SOUTH RANGE 42 EAST, IN BROWARD COUNTY FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.13 ZONING APPEAL — Request for zoning appeal by Robert B. Lochrie,Ill, Ruden, McClosky, Smith, Schuster & Russell, P.A., representing Park 'N Fly, Inc., from Growth Management Director's determination that the use of a parking lot in PEDD Zoning District is not allowed for property located south of Eller Drive and north of the Hertz Rent-A-car facility in the City of Dania Beach. 3.14 ZONING APPEAL— Request for zoning appeal by John Bernazzoli, Esq., representing Jeremiah J. Kelly, from Growth Management Director's determination that a proposal for a new building on property located at 2490 SW 32ntl Street be denied, as it does not come into compliance within the parameters of Section 4 of Ordinance No. 04-99 — Industrial Moratorium. 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 Emerson Allsworth request to amend the plat note for the La Quinta Plat and file a delegation request with Broward County for property located on the north side of Griffin Road. (Continued from 5111/99 and 5/25/99 regular meetings) 6.2 Discussion of Sheridan Street and 5t'Avenue sidewalk. (Commissioner Mikes) 6.3 Discussion regarding hiring a crossing guard for Federal Highway. (Mayor Bertino) AGENDA CITY OF DANIA BEACH 7 JUNE 8, 1999 f r r 6.4 Discussion of library site. (Commissioner Mikes) 6.5 Discussion regarding distribution of minutes and minutes summary and development of agenda by Email. (Mayor Bertino) 6.6 Request by Neptune Fireworks, Inc. for permit approval to place a temporary banner in front of the store for six months beginning June 91" and to place a tent on the side of the building for an undetermined period of time. (staff) 6.7 Discussion of Solid Waste Collection Program. (staff) 6.8 Discussion of Roller Hockey Rink. (staff) 6.9 Discussion of entryway sign for City of Dania Beach to be constructed by Broward County. (staff) 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." 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 members on the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) AGENDA CITY OF DANIA BEACH 8 JUNE 8, 1999 f L It—. �t r, 1' 7 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 2 members on Parks, Recreation and Community Affairs Advisory Board. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS 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 3 members on Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) 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 2 members on Dania Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) 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 on General Employees' Pension Board as Richard Eglinas' term ends June 23, 1999. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A RESIDENT MEMBER TO THE GENERAL EMPLOYEES' PENSION BOARD TO SERVE A TWO (2) YEAR TERM BEGINNING JUNE 23, 1999 AND AGENDA CITY OF DANIA BEACH 9 JUNE 8, 1999 .f 'J F r 7 _7 ENDING JUNE 22, 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 10 JUNE 8, 1999 f r, Y 7 ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING JUNE 8, 1999 PROCLAMATIONS: a) Declaring June 12, 1999, as "Ms. & Junior Miss Wheelchair Florida Pageant 2000 Day' in the City of Dania Beach. 1. CONSENT AGENDA: 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA BUILDING COMMISSION ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE CITIZENS AND RESIDENTS OF BROWARD COUNTY IN THE CURRENT SOUTH FLORIDA BUILDING CODE; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE FLORIDA BUILDING COMMISSION, THE INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, THE DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE BOARD OF COUNTY COMMISSIONERS OF BROWARD, MIAMI-DATE AND MONROE COUNTIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."(COMMISSIONER MIKES) _f L r -r OFFICE OF THE MAYOR CITY OF DANIA BEACH BEACH PROCLAMATION WHEREAS, the Ms. Wheelchair Florida and Junior Miss Wheelchair Florida Pageant 2000 is being sponsored by a non-profit organization dedicated to increase awareness relating to the accomplishments of wornen with physical disabilities; and WHEREAS, this unique concept of a merit competition for disabled women was formulated in Columbus, Ohio by a group of doctors, rehabilitation specialists and laymen who believed there was a need to recognize the "inner beauty' of these women in a society where a great many judgments and decisions are based upon "outer beauty'; and WHEREAS, the winners of the Ms. Wheelchair Florida and the Junior Miss Wheelchair pageant will not for all disabled citizens andthe to cartional ry out the hree purposeon but sll be given the opportunity of this organization which are: their reign to speak • to acquaint the public with the accomplishments of disabled persons and encourage removal of architectural and attitudinal barriers; • to enhance the personal and social development of each contestant; and • to select a spokeswoman for the disabled citizens of Florida; and WHEREAS, in an age where the word "disability" is, on too many occasions, considered to be synonymous with .,inability', Ms. Wheelchair Florida and Junior Miss Wheelchair Florida, through their own personal accomplishments, will be in the position to educate those in our society who may, through their own misconceptions, continue to look upon this multi-talented and inspirational group of people, as somewhat "lesser" individuals when compared with"normal' people; and WHEREAS, through the efforts of these courageous women many may come to realize that the word "disability" like the word "beauty" is only in the eye of the beholder. NOW, THEREFORE, in re:.cgnition of this most worthwhile event, ],John Bertino, as Mayor of the City of Dania Beach, Florida, do hereby proclaim June 12, 1999, as "MS. & JUNIOR MISS WHEELCHAIR FLORIDA PAGEANT 2000 DAY" in the City of Dania Beach and urge all of my fellow citizens to join in recognizing the accomplishment of this inspirational group of people. IN WITNESS WHEREOF, I have hereunto set an caused this seal to be affixed this Sth day of June 1999. JOHN BERTINO, MAYOR ATTEST: SHERYL CHAPMAN, ACTING CITY CLERK J