HomeMy WebLinkAbout1999-04-27 Regular City Commission Meeting Minutes cs
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MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 27, 1999
CALL TO ORDER BY MAYOR BERTINO AT 7:30 P.M.
INVOCATION —Rev. T. (Vinnie) Lewis, Gethsemane Missionary Baptist Church
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-
1. John Fiore presented a check in the amount of$66,191.18 for the
Florida Boating Improvement Program.
2. Vial of Life Program. (Vice-Mayor McElyea)
Vice-Mayor McElyea suggested that the Vial of Life Program be
implemented in the City of Dania Beach.
City Manager Smith was directed to research the possibility of applying
for an EMS grant to implement the Vial of Life Program in the City.
PROCLAMATIONS -
1. "Fight Financial Fraud in Florida Week"—May 9-15, 1999
2. A proclamation declaring May 22, 1999, as "Maritime Day' in the City of
Dania Beach.
City Manager Smith read the proclamations in their entirety.
ITEMS 1.2, 1.4 AND 1.5 WERE PULLED FROM THE CONSENT AGENDA
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I. CONSENTAGENDA
Bills:
1 A Approval of bills for the month of February, 1999.
Resolutions:
1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
AGREEMENT BETWEEN CITY OF DANIA BEACH AND INCHEM USA, INC. TO
SUPPLY CHLORINE GAS PRODUCING EQUIPMENT; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
1.6 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR
TRAFALGAR ASSOCIATES, INC., FOR PROPERTY LOCATED AT
APPROXIMATELY 400 EAST SHERIDAN STREET, WITHIN THE CITY OF DANIA
BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO
THE CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH-25), SUBJECT
TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (First Reading— RZ-17-99)
City Attorney Ansbro read the resolution title of Item 1.3 and the ordinance title of
Item 1.6.
Mayor Bertino advised that a scrivener's error in the ordinance title of Item 1.6 had
been revised to reflect the wording "RM-2 (residential multifamily)", not RM-25, as
represented.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes,
to pass the Consent Agenda with the exception of Items 1.2, 1.4 and 1.5, and with
the understanding that the scrivener's error be corrected in Item 1.6. The motion
passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes—yes Vice-Mayor McElyea —yes
Mayor Bertino -yes
ITEMS PULLED FROM THE CONSENT AGENDA:
1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. INCREASING ITS
GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1998-99, FROM $17,582,390
TO $18,878,367 BY INCREASING THE APPROPRIATED AMOUNT OF PRIOR
YEARS' SURPLUS AND DEBT PROCEEDS; AND BY MAKING LINE ITEM
CHANGES BETWEEN DEPARTMENTS; AND 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.
MINUTES-CITY OF DANIA BEACH 2 APRIL 27, 1999
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Commissioner Mikes was concerned about the City's legal fees and the
architectural fees for Fire Station 93 and suggested that a workshop be scheduled
to review these costs.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling,
to adopt the resolution with the understanding that proposed costs would be
discussed at an upcoming workshop meeting as requested by Commissioner
Mikes. The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes - yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
Ordinances
1.4 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
"PILOT OIL TRAVEL CENTER" PLAT, SUCH PROPERTY BEING LOCATED IN
THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A
COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE
DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS
AS SHOWN ON SUCH PLAT OF "PILOT OIL TRAVEL CENTER" PLAT;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (First Reading - PL-11-99)
City Attorney Ansbro read the title of the ordinance.
City Attorney Ansbro explained that new legal counsel had been retained for the
petitioner and were requesting that Items 1.4 and 1.5 be continued indefinitely and
offered to reimburse the City for any expenses incurred with the request.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea,
not to continue Items 1.4 and 1.5 and to proceed with the public hearings.
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes- yes Vice-Mayor McElyea—yes
Mayor Bertino—yes
Dave Rohal, CCL Consulting Engineers, representing the applicant, requested that
the applications be withdrawn for Items 1.4 and 1.5.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling,
to accept the withdrawal of Item 1.4. The motion passed on the following roll call
vote:
Commissioner Cali (out of room) Commissioner Etling -yes
Commissioner Mikes -yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
ITEM 1.5 WAS HEARD PRIOR TO ITEM 1.4.
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1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN
OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM
INDUSTRIAL TO COMMERICAL A PARCEL OF LAND CONTAINING 8.32 ACRES
MORE OR LESS LOCATED ON THE EAST SIDE OF RAVENSWOOD
ROAD/ANGLERS AVENUE ON THE NORTH SIDE OF GRIFFIN ROAD LOCATED
IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A
COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO
ALLOCATE 8.32 ACRES OF COMMERICAL FLEX UNITS; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (First Reading - LUF-19-99)
City Attorney Ansbro explained that new legal counsel had been retained for the
petitioner and were requesting that Items 1.4 and 1.5 be continued indefinitely and
offered to reimburse the City for any expenses incurred with the request.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea,
not to continue Items 1.4 and 1.5 and to proceed with the public hearings.
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes- yes Vice-Mayor McElyea —yes
Mayor Bertino -yes
City Attorney Ansbro read the title of the ordinance. He advised that this was a
quasi-judicial hearing and asked that all disclosures be made.
Commissioner Mikes disclosed that he spoke with three residents at the Planning
and Zoning Board meeting regarding the requests.
Commissioner Etling disclosed that he spoke with representatives from Pilot Oil
Company and several residents regarding the project.
Commissioner Cali disclosed that he spoke with representatives from Pilot Oil
Company and several residents regarding the project.
Mayor Bertino disclosed that he had been contacted by the principles and
representatives from Pilot Oil and a number of citizens.
Vice-Mayor McElyea disclosed that he had been contacted by lobbyists and had
spoken with several residents.
Attorney Ansbro swore in all persons who would be giving testimony on Item 1.5.
Leigh Kerr, Planning Consultant, representing the City of Dania Beach, explained
that the request was for allocation of flex units. He stated that the property was
located on the Northeast corner of Anglers Avenue (formerly known as
Ravenswood Road) and Griffin Road, consisted of 8 acres and was presently
zoned Industrial. He explained that this type of use would be less intense than
what would normally be permitted in the Industrial category. Staff was concerned
MINUTES -CITY OF DANIA BEACH 4 APRIL 27, 1999
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that the proposed use would generate more traffic and have a greater impact on
the surrounding roadways.
Dave Rohal, CCL Consulting Engineers, representing the applicant, requested that
the applications be withdrawn for Items 1.4 and 1.5.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea,
to accept the withdrawal of Item 1.5. The motion passed on the following roll call
vote:
Commissioner Cali (out of room) Commissioner Etling - yes
Commissioner Mikes - yes Vice-Mayor McElyea— yes
Mayor Bertino-yes
ITEM 1.4 WAS HEARD AFTER ITEM 1.5.
2. BIDS-none
3. PUBLIC HEARINGS
3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
"BERNARD VILLAGE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY
OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION
FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON
SUCH PLAT OF 'BERNARD VILLAGE" PLAT; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second Reading - PL-14-
99)
City Attorney Ansbro read the title of the ordinance.
Leigh Kerr explained that the variance approval required additional oak or
mahogany trees be provided for the site. He stated that the plat was
recommended for approval by staff and the Planning and Zoning Board.
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 Etling, seconded by Commissioner Mikes,
to adopt the ordinance, on second reading, approving the "Bernard Village" plat,
with the understanding that additional landscaping be added. The motion passed
on the following roll call vote:
Commissioner Cali—yes Commissioner Etling
Commissioner Mikes - es Vice-Mayor McElyea
- yes
Y a—yes
Mayor Bertino - yes
3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
"COON HOLDINGS PLAT", SUCH PROPERTY BEING LOCATED IN THE CITY
OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
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APRIL 27, 1999
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WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION
FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON
SUCH PLAT OF "COON HOLDINGS PLAT'; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second Reading - PL-15-
99)
City Attorney Ansbro read the title of the ordinance.
Leigh Kerr explained that the property was located north of Eller Drive, east of US
1, in the Port and was zoned M-2 (Industrial). He explained that the proposed use
would be for warehouses, which would be consistent with the zoning classification
and the land use plan. He reported that the plat had been recommended for
approval by staff and the Planning & Zoning Board.
Ed Plosky, Land Planner, Craven & Thompson &Associates, was present
representing the petitioner.
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 Etling, seconded by Vice-Mayor McElyea,
to adopt the ordinance, on second reading, approving the "Coon Holdings" plat.
The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes -yes Vice-Mayor McElyea—yes
Mayor Bertino-yes
3.3 VA-02-99—Variance request by John Grenior to allow the construction of
three (3) single family homes using less than the required side street
setback, lot width and lot area on the property located at the intersection of
SE Park Street and 2nd Avenue.
"A RESOLUTION APPROVING A VARIANCE REQUEST BY JOHN GRENIOR,
OWNER OF PROPERTY LOCATED AT THE INTERSECTION OF SE PARK
STREET AND SE 2ND AVENUE, DANIA BEACH, FROM CHAPTER 28 ZONING,
ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK 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.
Leigh Kerr explained that the three lots were presently zoned RM, which requires
10,000 square feet per lot. The lots respectively are 6,307, 5,712 and 5,712
square feet. He explained that the petitioner previously requested the
development of duplexes on the property and the Commission preferred that
single family residential homes be constructed. Mr. Kerr advised that staff and the
Planning & Zoning Board recommended approval of the request.
MINUTES -CITY OF DANIA BEACH 6 APRIL 27, 1999
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Graham Geralds, Architect, and John Grenior were present to request approval of
the variance. Mr. Geralds stated that each unit would be constructed with three
bedrooms and two bathrooms.
Mayor Bertino opened the public hearing. No one spoke in favor or opposition of
the request and the Mayor closed the public hearing.
Vice-Mayor McElyea and Commissioner Mikes felt that the parking should be
placed in the rear of the property since there was an alley.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution (VA-02-99) approving the variance request by John Grenior.
The motion passed on the following 3/2 roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes - no Vice-Mayor McElyea — no
Mayor Bertino - yes
4. SITE PLANS -none
5. 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.
6. EXPENDITURE REQUESTS
6.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE ONE 1999 F250 FORD PICKUP TRUCK IN
THE AMOUNT OF $23,946.75 FROM WORLD FORD AND ONE 1999 FORD
RANGER PICKUP TRUCK IN THE AMOUNT OF $16,918.00 FROM DUVAL
FORD, UNDER BROWARD COUNTY SHERIFF'S BID CONTRACT NO. 98-06-
0914, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE." (Continued from April 13, 1999)
City Attorney Ansbro read the title of the resolution.
Robert "Bud" Palm, Director of Utilities/Public Works, explained that the F250
pickup would be purchased with a truck body, which would be removed and
replaced with a utility body. He explained that the truck body would be put in
storage to be utilized at a later time. He reported that the price increased by$200.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution authorizing the purchase of a 1999 F250 Ford Pickup and a
1999 Ford Ranger. The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling -yes
MINUTES -CITY OF DANIA BEACH 7 APRIL 27, 1999
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Commissioner Mikes - yes Vice-Mayor McElyea—yes
Mayor Bertino -yes
6.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE CARPET FOR THE I.T. PARKER
COMMUNITY CENTER IN THE AMOUNT OF $9,700.00 FROM CARPET
LIQUIDATORS, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
City Attorney Ansbro read the title of the resolution.
Kristen Jones, Parks & Recreation, presented a sample of the carpet that would
be purchased. She stated that the carpet was part olefin and part nylon.
Commissioner Mikes felt that 100% nylon carpet should be purchased.
The City Commission generally agreed to install 100% nylon carpet in the
Community Center.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling
to adopt the amended resolution authorizing the purchase of 100% nylon carpet
for the I.T. Parker Center not to exceed $12,000. The motion passed on the
following roll call vote:
Commissioner Cali —yes Commissioner Etling - yes
Commissioner Mikes -yes Vice-Mayor McElyea —yes
Mayor Bertino - yes
7. DISCUSSION AND POSSIBLE ACTION
7.1 Request by Robert & Rhonda Shaw for abatement of Code Enforcement
Lien.
Attorney Charles Noster, representing Atlantic Mortgage and Investment Corp.,
stated that his client was the mortgage lender who foreclosed on the property on
November 3, 1998.
Mr. Noster advised that Mr. & Mrs. Shaw obtained a permit to have a burglar alarm
installed and failed to obtain a final electrical inspection. A notice of violation was
issued by Code Enforcement and was not complied with, therefore the Code
Enforcement Board ordered that a fine of$100 per day be imposed on the
property.
Mr. Noster stated that Atlantic Mortgage and Investment Corp. was not made
aware of the lien until December 8, 1998, at which time the violation was corrected
and a final inspection was made by the City on December 14, 1998. During this
time the lien had accrued to $4,200.00 and Mr. Noster felt that it was unfair for the
City to punish an innocent party. Mr. Noster stated that his client would be willing
to pay all administrative costs involved.
MINUTES -CITY OF DANIA BEACH 8 APRIL 27, 1999
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A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea to
follow the recommendation of the Code and Enforcement Board and deny the
abatement request. The motion passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etlin
Commissioner Mikes - es Vice-Ma a - yes
Y Vice-Mayor McElyea —yes
Mayor Bertino - yes
7.2 Request by Sheridan East Partners, Ltd. for permission to apply for vacation
of easement on the property located at the NE corner of SE 5 Avenue and
Sheridan Street.
Leigh Kerr explained that the request was to vacate the north 60' road easement
but the petitioner would maintain the 60' access point at that location and a 12'
Utility easement along the west property limits. He advised that all utility clearance
letters have been obtained.
City Manager Smith requested that the applicant agree not to construct any
buildings on the utility easements until such time as the utility easements have
been relocated in future development.
Richard Schwartz, Sheridan East Partners, Ltd., agreed to the request stated by
City Manager Smith.
Commissioner Etling suggested that the petitioner address the separation setback
between the residential properties with the City prior to the public hearing.
In response to Commissioner Mikes, Mr. Schwartz stated that the preliminary
plans are for commercial, retail, office or medical offices.
Robert"Bud" Palm, Utilities Director, expressed concern that the City may need a
15 foot easement for future installation of utilities on the north side of the property
and for connection to the property that is just east of the subject property.
Commissioner Mikes suggested that the petitioner get the community members
involved to work out any concerns with the project prior to the public hearing.
Mayor Bertino suggested that the petitioner meet with Bud Palm and the
surrounding homeowners to work out any concerns prior to the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, to
approve the request to apply for vacation with the understanding that the
petitioners agree not to build any structures on the utility easement along the
western portion of the property that is being vacated until such time as the utility
easements have been relocated in future development. The motion passed on the
following roll call vote:
Commissioner Cali—yes Commissioner Etlin
g - yes
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APRIL 27, 1999
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Commissioner Mikes- yes Vice-Mayor McElyea—yes
Mayor Bertino -yes
7.3 Request by Graves Museum for permission to apply for vacation of alleyway
on the property located at 481 South Federal Highway.
Leigh Kerr explained that the alley was located on the east side of the building and
advised that the property on both sides of the alley was presently owned by the
Graves Museum. The reason for the request is to provide more flexibility in
renovating their property. All utility clearances have been received.
City Manager Smith requested that the applicant agree not to build any structures
on the utility easements until such time as they pay to relocate the utilities in a
subsequent redevelopment plan.
Attorney Karl Adler was present to request permission to apply for vacation.
Bud Palm reported that there was an existing water main located in the subject
alley.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
grant permission to the Graves Museum to apply for vacation of the alleyway, with
the condition that no structures be built on the easements until such time as they
pay to relocate the utilities in a subsequent redevelopment plan. The motion
passed on the following roll call vote:
Commissioner Cali—yes Commissioner Etling - yes
Commissioner Mikes -yes Vice-Mayor McElyea—yes
Mayor Bertino- yes
7.4 Request by Graves Museum for reimbursement of permit fees and variance
application fee.
Attorney Karl Adler explained that the Graves Museum was facing a great budget
difficulty and stated that any help from the City for the permit fees and the variance
application fee would be appreciated.
City Manager Smith explained that the request would be to make a donation of
$4,167.00 for the permit fees and $425 for the variance application fee.
Commissioner Cali felt that there may be matching grant monies available through
the State or other cultural affairs grants and made a motion to approve the full
amount requested as a City contribution for matching grant funds. The motion
died for the lack of a second.
Attorney Adler withdrew the request.
ADDENDUM ITEMS:
7.5 Residential parking. (Commissioner Mikes)
MINUTES -CITY OF DANIA BEACH 10 APRIL 27, 1999
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ITEM 7.5 AND 7.6 WERE DISCUSSED TOGETHER.
7.6 RV storage. (Commissioner Mikes)
Commissioner Mikes was concerned about the increase in parking problems due
to new residents. He felt that the City should come up with a way to get better
control on the situation. He suggested the possibility of a City lot that could store
recreation vehicles and/or boats.
City Attorney Ansbro was directed to review ordinances from other Cities and to
prepare a proposed ordinance to regulate the parking of recreational vehicles.
City Manager Smith was directed to inventory the City's property to see if any lots
were available for this use. He was also directed to review the code to see if the
City could encourage the use of pavers instead of asphalt or concrete driveways.
8. APPOINTMENTS (NO ACTION WAS TAKEN)
8.1 Appointment of(4) members on the Airport Advisory Board.
8.2 Appointment of(1) member on Budget Advisory Committee.
8.3 Appointment of 4 members on the Economic Development and Downtown
Redevelopment Board.
8.4 Appointment of 1 members on the Marine Advisory Board.
8.5 Appointment of 3 members on the Occupational License Review Advisory
Board.
8.6 Two (2) citizen nominations needed from commission for employees' election
to the Civil Service Board.
8.7 Appointment of 2 members to "Blue Ribbon" General Obligation Bond
Advisory Committee.
8.8 Appointment of 5 members on Parks, Recreation and Community
Affairs Advisory Board.
8.9 Appointment of 2 members on Unsafe Structures Board.
8.10 Appointment of 6 members on Human Relations Board.
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9. ADMINISTRATIVE REPORTS
9.1 City Manager Smith reported that progress had been made with the
Proposed ers of the
er Restaurant and
a Workshop
Meeting for June 1p l 1, 1999, with Pier Point. He advised dthat dBudget Workshop
Meetings were scheduled for June 25, 1999, at 9:00 a.m. and July 23, 1999,
at 9:00 a.m.
9.2 City Attorney reported that the law firm of Geller & Geller would seek to
review the Commission's decision on the Travelways Bus Facility in circuit
court within the next 30 days.
10. COMMISSION COMMENTS
10.1 Commissioner Mikes requested the following from staff:
• Use tabs or colored paper on the public hearing section of the agenda for
easier retrieval;
• Provide copies of purchase orders over$500.00;
• Review of impervious area requirements from the county and prepare
ordinance to be brought back for action;
• Review the use of stormwater funds for dredging canal sections that have
discharge areas in them;
• Need sprinkler system back in operation in Melaleuca Gardens and replace
the dead trees at the entrance of Northside Park.
• Obtain copy of correspondence rile and program operating requirements
from Dismas House.
• The purchase of a professional portable display unit.
10.2 Commissioner Etling gave his time to Hugo Renda who asked about the
purchase of the beachfront property and complained about the poor drainage
in the southeast area.
10.3 Commissioner Cali requested staff to prepare the following:
• A proclamation for May 11th honoring Earl Mock who won the nomination
process of the National Volunteer Program relating to community service
efforts that is sponsored by the JC Penney Corporation;
• An ordinance adding American Legion to the street names for NE 1st Street
and NE 1st Court for the May 11th meeting and refer comment on the
subject to the Human Relations Board.
10.4 Vice-Mayor McElyea requested the following from staff:
• Review the ongoing problems with barking dogs and drug dealers between
SW 2nd Street/SW 3rd Street on 1st Court;
• Request to check with FDOT on clearing bike paths on East Dania Beach
Boulevard;
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• Remove unused telephone poles on SE 2 Avenue;
• Remove garbage on SW 32nd Avenue and asked staff to use discretion
when citing citizens for minor violations.
10.5 Mayor Bertino requested the following from staff:
• The purchase of equipment in order to professionally display audio visual
presentations in the Commission Chambers.
The meeting adjourned at 10:00 p.m.
ATTEST: MAYOR -COMNOISSIONER
ACTING CITY CLERK
Respectfully submitted by Nanci Denny
APPROVED: 10/10/2000
MINUTES-CITY OF DANIA BEACH 13 APRIL 27, 1999
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MINUTES SUMMARY
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 27, 1999
CALL TO ORDER BY MA YOR BERTINO AT 7:30 P.M.
INVOCATION—Rev. T. (Vinnie) Lewis
Gethsemane Missionary Baptist Church
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-
1. John Fiore presented a check in the amount of$66,191.18 for the Florida Boating
Improvement Program.
2. Vial of Life Program (Vice-Mayor McElyea)
City Manager Smith was directed to research the possibility of applying for
an EMS grant to implement the Vial of Life Program in the City.
PROCLAMATIONS -
1. "Fight Financial Fraud in Florida Week'—May 9-15, 1999
2. A proclamation declaring May 22, 1999, as "Maritime Day" in the City of
Dania Beach.
ITEMS PULLED FROM THE CONSENT: Items 1.2. 1.4 and 1.5.
1. CONSENTAGENDA
Bills:
1.1 Approval of bills for the month of February, 1999.
Resolutions:
1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
AGREEMENT BETWEEN CITY OF DANIA BEACH AND INCHEM USA, INC. TO
SUPPLY CHLORINE GAS PRODUCING EQUIPMENT; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
MINUTES SUMMARY-CITY OF DANIA BEACH 1 APRIL 27,1999
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CAD 99.018 PUBLIC WORKS
1.6 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR
TRAFALGAR ASSOCIATES, INC., FOR PROPERTY LOCATED AT
e APPROXIMATELY 400 EAST SHERIDAN STREET, WITHIN THE CITY OF DANIA
BEACH, FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH
IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE
CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH - 25), SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (First Reading—RZ-17-99)
MAYOR BERTINO ADVISED THAT A SCRIVENORS ERROR IN THE TITLE OF
ITEM 1.6 HAS BEEN REVISED TO REFLECT THE WORDING "RM-2
(RESIDENTIAL MULTIFAMILY)NOT RM-25 AS REPRESENTED.
CONSENT AGENDA PASSED ON A UNANIMOUS ROLL CALL VOTE WITH THE
EXCEPTION OF ITEMS 1.2. 1.4 AND 1.5.
ITEMS PULLED FROM CONSENT AGENDA:
1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, INCREASING ITS
GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1998-99, FROM $17,582,390
TO $18,878,367 BY INCREASING THE APPROPRIATED AMOUNT OF PRIOR
YEARS' SURPLUS AND DEBT PROCEEDS; AND BY MAKING LINE ITEM
CHANGES BETWEEN DEPARTMENTS; AND 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."
RESOLUTION ADOPTED ON A UNANIMOUS ROLL CALL VOTE WITH THE
UNDERSTANDING THAT PROPOSED COSTS WOULD BE DISCUSSED AT AN
UPCOMING WORKSHOP MEETING AS REQUESTED BY COMMISSIONER MIKES.
CAD 99.019 FINANCE)
Ordinances
1.4 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "PILOT
OIL TRAVEL CENTER" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"PILOT OIL TRAVEL CENTER" PLAT; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (First Reading- PL-11-99)
ORDINANCE WITHDRAWN BY PETITIONER AND WITHDRAWAL ACCEPTED BY
COMMISSION ON A 410 VOTE WITH COMMISSIONER CALI OUT OF THE ROOM.
ITEM#1.5 WAS HEARD PRIOR TO ITEM 1.4
1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF
THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM INDUSTRIAL
TO COMMERICAL A PARCEL OF LAND CONTAINING 8.32 ACRES MORE OR
MINUTES SUMMARY-CITY OF DANIA BEACH 2 APRIL 27,1999
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LESS LOCATED ON THE EAST SIDE OF RAVENSWOOD ROAD/ANGLERS
AVENUE ON THE NORTH SIDE OF GRIFFIN ROAD LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 8.32 ACRES OF
COMMERICAL FLEX UNITS; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (First Reading -LUF-19-99)
ORDINANCE WITHDRAWN BY PETITIONER AND WITHDRAWAL ACCEPTED BY
COMMISSION ON A 4/0 VOTE WITH COMMISSIONER CALI OUT OF THE ROOM.
2. BIDS-none
3. PUBLIC HEARINGS
3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
"BERNARD VILLAGE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"BERNARD VILLAGE" PLAT; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (Second Reading - PL-14-99)
ORDINANCE ADOPTED ON SECOND READING ON A UNANIMOUS ROLL CALL VOTE
WITH THE UNDERSTANDING THAT ADDITIONAL LANDSCAPING WOULD BE ADDED.
3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "COON
HOLDINGS PLAT', SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA
BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"COON HOLDINGS PLAT; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (Second Reading- PL-15-99)
ORDINANCE ADOPTED ON SECOND READING ON A UNANIMOUS ROLL CALL VOTE.
3.3 VA-02-99—Variance request by John Grenior to allow the construction of three (3)
single family homes using less than the required side street setback, lot width and lot
area on the property located at the intersection of SE Park Street and 2ntl Avenue.
"A RESOLUTION APPROVING A VARIANCE REQUEST BY JOHN GRENIOR,
OWNER OF PROPERTY LOCATED AT THE INTERSECTION OF SE PARK STREET
AND SE 2No AVENUE, DANIA BEACH, FROM CHAPTER 28 ZONING, ARTICLE
4.202, SCHEDULE OF LOT, YARD AND BULK 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."
RESOLUTION (VA-02-99) ADOPTED AS SUBMITTED ON THE FOLLOWING 3/2 ROLL
CALL VOTE.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes- no Vice-Mayor McElyea—no
Mayor Bertino-yes
MINUTES SUMMARY-CITY OF DANIA BEACH 3 APRIL 27, 1999
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4. SITE PLANS-none
5. 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.
6. EXPENDITURE REQUESTS
6.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE 1999 F250 FORD PICKUP TRUCK IN THE
AMOUNT OF $23,946.75 FROM WORLD FORD AND ONE 1999 FORD RANGER
PICKUP TRUCK IN THE AMOUNT OF $16,918.00 FROM DUVAL FORD, UNDER
BROWARD COUNTY SHERIFF'S BID CONTRACT NO. 98-06-0914, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (Continued from Regular Meeting of April 13)
RESOLUTION ADOPTED ON A UNANIMOUS ROLL CALL VOTE
CAD 99.020 PUBLIC WORKS
6.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO PURCHASE CARPET FOR THE I.T. PARKER COMMUNITY
CENTER IN THE AMOUNT OF $9,700.00 FROM CARPET LIQUIDATORS,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
THE CITY COMMISSION GENERALLY AGREED TO INSTALL 100% NYLON CARPET IN
THE COMMUNITY CENTER. THE RESOLUTION WAS AMENDED TO AUTHORIZE THE
CITY MANAGER TO SPEND AN AMOUNT NOT TO EXCEED $1200000 FOR THE
CARPET SO THAT THE PROJECT COULD BE COMPLETED ASAP. THE MOTION
PASSED ON A UNANIMOUS ROLL CALL VOTE
CAD 99.021 -PARKS
7. DISCUSSION AND POSSIBLEACTION
7.1 Request by Robert& Rhonda Shaw for abatement of Code Enforcement Lien.
ABATEMENT REQUEST DENIED ON A UNANIMOUS ROLL CALL VOTE
7.2 Request by Sheridan East Partners, Ltd. for permission to apply for vacation of
easement on the property located at the NE corner of SE 5 Avenue and Sheridan
Street.
BUD PALM UTILITIES DIRECTOR EXPRESSED CONCERN THAT THE CITY MAY
NEED AT LEAST A 15 FOOT EASEMENT FOR FUTURE INSTALLATION OF
SEWER UTILITIES ON THE NORTH SIDE OF THE PROPERTY AND FOR
CONNECTION TO THE PROPERTY THAT IS JUST EAST OF THE SUBJECT
PROPERTY.
MINUTES SUMMARY-CITY OF DANIA BEACH 4 APRIL 27, 1999
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REQUEST FOR PERMISSION TO APPLY FOR VACATION APPROVED WITH THE
UNDERSTANDING THAT THE PETITIONERS AGREE NOT TO BUILD ANY
STRUCTURES ON THE UTILITY EASEMENT ALONG THE WESTERN PORTION
OF THE PROPERTY THAT IS BEING VACATED UNTIL UTILITY LINES ARE
RELOCATED IN A FUTURE DEVELOPMENT PLAN, MEET WITH COMMUNITY
MEMBERS AFFECTED BY THE VACATION, MEET WITH BUD PALM, UTILITIES
DIRECTOR, REGARDING THE CITY'S EASEMENT NEEDS, AND ADDRESS THE
SEPARATION SETBACK REQUIREMENTS BETWEEN THE SINGLE FAMILY
RESIDENCES. THE MOTION PASSED UNANIMOUSLY.
7.3 Request by Graves Museum for permission to apply for vacation of alleyway on the
property located at 481 South Federal Highway.
REQUEST FOR PERMISSION TO APPLY FOR VACATION APPROVED WITH THE
UNDERSTANDING THAT THE PETITIONERS WILL NOT BUILD ANY STRUCTURES ON
UTILITY EASEMENT THAT IS BEING VACATED UNTIL SUCH TIME AS THEY PAY TO
RELOCATE THE UTILITIES IN A SUBSEQUENT REDEVELOPMENT PLAN. THE MOTION
PASSED UNANIMOUSLY.
7.4 Request by Graves Museum for reimbursement of permit fees and variance application
fee.
ATTORNEY KARL ADLER, REPRESENTING GRAVES MUSEUM, WITHDREW THE
REQUEST.
Addendum Items:
7.5 Residential parking. (Commissioner Mikes)
DISCUSSED WITH ITEM 7.6.
7.6 RV storage. (Commissioner Mikes)
CITY ATTORNEY WILL REVIEW RV ORDINANCES FROM OTHER CITIES AND
BRING BACK A PROPOSED ORDINANCE. CITY MANAGER WILL REVIEW CITY
PROPERTY INVENTORY AND CODE REGARDING THE USE OF PAVERS
INSTEAD OF ASPHALT DRIVEWAYS.
CAD 99.022 GROWTH MANAGEMENT
8. APPOINTMENTS(NO ACTION TAKEN)
8.1 Appointment of(4) members on the Airport Advisory Board.
8.2 Appointment of(1) member on Budget Advisory Committee.
8.3 Appointment of 4 members on the Economic Development and Downtown
Redevelopment Board.
8.4 Appointment of 1 members on the Marine Advisory Board.
8.5 Appointment of 3 members on the Occupational License Review Advisory Board.
8.6 Two (2) citizen nominations needed from commission for employees' election to the
Civil Service Board.
8.7 Appointment of 2 members to"Blue Ribbon"General Obligation Bond Advisory
Committee.
8.8 Appointment of 5 members on Parks, Recreation and Community Affairs Advisory
Board.
8.9 Appointment of 2 members on Unsafe Structures Board.
8.10 Appointment of 6 members on Human Relations Board.
MINUTES SUMMARY-CITY OF DANIA BEACH 5 APRIL 27,1999
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9. ADMINISTRATIVE REPORTS
9.1 City Manager—Workshop Meeting scheduled 6/1/99 with Pier Point.
Budget Workshops—6/25/99 at 9:00 a.m. Friday
7/23/99 at 9:00 a.m. Friday
9.2 City Attorney reported on appeal by attorneys representing Travelways.
10. COMMISSION COMMENTS
10.1 Commissioner Mikes requested the following from staff:
• Use tabs or colored paper on the public hearing section of the agenda for easier
retrieval; (MR99.005 Adm.Services)
• Provide copies of purchase orders over$500.00; (MR99.006 Finance)
• Review of impervious area requirements from the county and prepare ordinance to
be brought back for action. (MR99.015 City Attorney)
• Review the use of stormwater funds for dredging canal sections that have
discharge areas; (MR99.007 Finance)
• Need sprinkler system back in operation in Melaleuca Gardens and replace dead
trees at the entrance of NW Park; (MR99.004 Public Works)
10.3 Commissioner Cali requested staff to prepare the following:
• Prepare proclamation for May 111h honoring Earl Mock who won the nomination
process of the national volunteer program relating to community service efforts that
is sponsored by the JC Penny Corporation; (MR99.014 Adm. Services)
• Prepare an ordinance adding American Legion to the street names for NE 1 s'Street
and NE 1''Court for the May 111h meeting and refer comment on the subject to the
Human Relations Board. (MR99.003—Adm. Services)
10.4 Vice-Mayor McElyea requested the following from staff:
• Review the ongoing problems with barking dogs and drug dealers between SW god
Street/SW 3rd Street on 1s'Court; (MR99.016 BSO)
• Request to check with FDOT on clearing bike paths on East Dania Beach
Boulevard; (MR99-011 —Public Works)
• Remove double telephone poles on SW 2 Avenue; (MR99.013-Public Works)
• Remove garbage on SW 32ntl Avenue and direct staff to use discretion on citing
citizens for minor violations; (MR99.012 Public Works)
10.5 Mayor Bertino requested the following from staff:
• Request to purchase equipment in order to professionally display audio visual
presentations for the Commission Chamber; IMR99.010. FINANCE)
• Request to purchase portable professional City display.
(MR99.009—FINANCE)
Meeting adjourned at 10:00 p.m.
MINUTES SUMMARY-CITY OF DANIA BEACH 6 APRIL 27, 1999
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AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 27, 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
B CITY OF DANIA
EACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID CI 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.202,AT LEAST 72 HOURS PRIOR TO MEETING.
CALL TO ORDER
INVOCATION—Rev. T. (Vinnie) Lewis
Gethsemane Missionary Baptist Church
PLEDGE OF ALLEGIANCE
ROLL CALL-
PRESENTATIONS-
1. John Fiore to present check in the amount of$66,191.18 for the Florida Boating
Improvement Program.
2. Vial of Life Program (Vice-Mayor McElyea)
PROCLAMATIONS -
1. "Fight Financial Fraud in Florida Week"—May 9-15, 1999
1. CONSENTAGENDA
Bills:
1.1 Approval of bills for the month of February, 1999.
Resolutions:
1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, INCREASING ITS
GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1998-99, FROM $17,582,390
TO $18.878.367 BY INCREASING THE APPROPRIATED AMOUNT OF PRIOR
YEARS' SURPLUS AND DEBT PROCEEDS; AND BY MAKING LINE ITEM
CHANGES BETWEEN DEPARTMENTS; AND 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 OF DANIA BEACH AGENDA 1 APRIL 27, 1999
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1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
AGREEMENT BETWEEN CITY OF DANIA BEACH AND INCHEM USA, INC. TO
SUPPLY CHLORINE GAS PRODUCING EQUIPMENT; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
Ordinances
1.4 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "PILOT
OIL TRAVEL CENTER" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"PILOT OIL TRAVEL CENTER" PLAT; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (First Reading - PL-11-99)
1.5 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF
THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM INDUSTRIAL
TO COMMERICAL A PARCEL OF LAND CONTAINING 8.32 ACRES MORE OR
LESS LOCATED ON THE EAST SIDE OF RAVENSWOOD ROAD/ANGLERS
AVENUE ON THE NORTH SIDE OF GRIFFIN ROAD LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 8.32 ACRES OF
COMMERICAL FLEX UNITS; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (First Reading -LUF-19-99)
1.6 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR
TRAFALGAR ASSOCIATES, INC., FOR PROPERTY LOCATED AT
APPROXIMATELY 400 EAST SHERIDAN STREET, WITHIN THE CITY OF DANIA
BEACH, FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH
IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE
CLASSIFICATION OF RM-25 (RESIDENTIAL MEDIUM HIGH - 25), SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (First Reading—RZ-17-99)
2. BIDS-none
3. PUBLIC HEARINGS
3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
"BERNARD VILLAGE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF
DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"BERNARD VILLAGE" PLAT; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (Second Reading- PL-14-99)
CITY OF DANIA BEACH AGENDA 2 APRIL 27, 1999
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3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "COON
HOLDINGS PLAT", SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA
BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
"COON HOLDINGS PLAT"; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE." (Second Reading - PL-15-99)
3.3 VA-02-99—Variance request by John Grenior to allow the construction of three (3)
single family homes using less than the required side street setback, lot width and lot
area on the property located at the intersection of SE Park Street and 2n°Avenue.
"A RESOLUTION APPROVING A VARIANCE REQUEST BY JOHN GRENIOR,
OWNER OF PROPERTY LOCATED AT THE INTERSECTION OF SE PARK STREET
AND SE 2ND AVENUE, DANIA BEACH, FROM CHAPTER 28 ZONING, ARTICLE
4.202, SCHEDULE OF LOT, YARD AND BULK 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."
4. SITE PLANS-none
5. 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.
6. EXPENDITURE REQUESTS
6.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE 1999 F250 FORD PICKUP TRUCK IN THE
AMOUNT OF $23,946.75 FROM WORLD FORD AND ONE 1999 FORD RANGER
PICKUP TRUCK IN THE AMOUNT OF $16,918.00 FROM DUVAL FORD, UNDER
BROWARD COUNTY SHERIFF'S BID CONTRACT NO. 98-06-0914, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (Continued from Regular Meeting of April 13)
6.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO PURCHASE CARPET FOR THE I.T. PARKER COMMUNITY
CENTER IN THE AMOUNT OF $9,700.00 FROM CARPET LIQUIDATORS,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
7. DISCUSSION AND POSSIBLE ACTION
7.1 Request by Robert& Rhonda Shaw for abatement of Code Enforcement Lien.
CITY OF DANIA BEACH AGENDA 3 APRIL 27,1999
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7.2 Request by Sheridan East Partners, Ltd. for permission to apply for vacation of
easement on the property located at the NE corner of SE 5 Avenue and Sheridan
Street.
7.3 Request by Graves Museum for permission to apply for vacation of alleyway on the
property located at 481 South Federal Highway.
7.4 Request by Graves Museum for reimbursement of permit fees and variance application
fee.
8. APPOINTMENTS
8.1 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."
8.2 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."
8.3 Appointment of 4 members on the Economic Development and Downtown
Redevelopment Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF FOUR (4) 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."
8.4 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) 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."
8.5 Appointment of 3 members on the Occupational License Review Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF THREE (3) 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."
CITY OF DANIA BEACH AGENDA 4 APRIL 27,1999
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8.6 Two (2) citizen nominations needed from commission for employees'election to the
Civil Service Board,
8.7 Appointment of 2 members to"Blue Ribbon' General Obligation Bond Advisory
Committee.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE "BLUE RIBBON"
GENERAL OBLIGATION BOND ADVISORY COMMITTEE TO SERVE UNTIL
NOVEMBER 30, 1999; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
8.8 Appointment of 5 members on Parks, Recreation and Community Affairs Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF FIVE (5) 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."
8.9 Appointment of 2 members on Unsafe Structures Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. RATIFYING AND
AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE UNSAFE
STRUCTURES 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."
8.10 Appointment of 6 members on Human Relations Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF SIX (6) 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."
9. ADMINISTRATIVE REPORTS
9.1 City Manager
9.2 City Attorney
10. COMMISSION COMMENTS
10.1 Commissioner Cali
10.2 Commissioner Etling
10.3 Commissioner Mikes
10.4 Vice-Mayor McElyea
10.5 Mayor Bertino
CITY OF DANIA BEACH AGENDA 5 APRIL 27, 1999
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ADDENDUM
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 27, 1999
PROCLAMATIONS:
2. A proclamation declaring May 22, 1999, as "Maritime Day" in the
City of Dania Beach.
7. DISCUSSION AND POSSIBLE ACTION:
7.5 Residential parking. (Commissioner Mikes)
7.6 RV storage. (Commissioner Mikes)
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OFFICE OF THE MAYOR
CITY OF DANIA BEACH
PROCLAMATION
WHEREAS, the crime of financial fraud costs the citizens of the United State of America more than $40 billion
each year, and perpetrators of fraud successfully receive money from victims nearly sixty percent of the time; and
WHEREAS, more than half of America's citizens have experienced financial fraud, with fraudulent acts costing
American consumers more than $250 million each year in additional security measures, shoplifting expenses, and
other costs; and
WHEREAS, fraudulent behavior knows no bounds, and as such as no respect for its victims in terms of age,
race, income level, education,or gender; and
WHEREAS, any citizen may become a victim of fraud, even when he/she least expects it, since perpetrators
may be friends, family members, co-workers,well-dressed executives, or street criminals; and
WHEREAS, over 40,000 Floridians sought help from state agencies for possible financial fraud and the
Florida Department of Banking and Finance investigated$215 million in financial fraud in one year; and
WHEREAS, law enforcement officials now label financial fraud as a growth industry because of the increasing
number of cases they are asked to solve; and
WHEREAS, consumer awareness is considered one of the best defenses against financial fraud; and
WHEREAS, a strong need exists to bring attention to this problem in the State of Florida so citizens may work
in tandem with state authorities such as the Department of Banking and Finance, Department of Agriculture and
Consumer Services, Department of Insurance, Office of the Attorney General, and with law enforcement officials to
impede the progress of financial fraud; and
WHEREAS, due to the increasing elder population, the City of Dania Beach is committed to support programs
like TRIAD, where law enforcement and seniors work together to reduce crime and financial fraud against the elderly;
and
WHEREAS, the Strike Force Against Fraudulent Enterprises (SAFE) initiative has been established to open
lines of communication among agencies, provide specialized resources and technology, and develop effective
prosecution strategies to combat financial fraud;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Commission of the City of Dania Beach
Florida, do hereby proclaim the week of May 9-15, 1999, as
"FIGHT FINANCIAL FRAUD IN FLORIDA WEEK"
in the City of Dania Beach and urge all of our fellow citizens to take heed and be on guard against those that would
commit this crime in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and cued thi eal to be affixed t is 27'"day of April,
1999.
TTEST: ;OWBERTINO, MAYOR
SHERYL CHAPMAN
ACTING CITY CLERK
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OFFICE OF THE MAYOR
CITY OF DANIA BEACH
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PROCLAMATION
WHEREAS, American Maritime Officers is the nation's leading union of U.S. Merchant Marine
Officers; and
WHEREAS,American Maritime Officers represents thousands of civilian men and women
employed on American-flag merchant vessels in foreign/domestic, commercial, and military
trade, and
WHEREAS, American Maritime Officers has its headquarters, its training programs, and its
benefit funds in Dania Beach thus providing employment and bringing thousands of visitors to
the City each year; and
WHEREAS,American Maritime Officers leads the community's annual observance of National
Maritime Day on May 22 as proclaimed by the President of the United States; and
WHEREAS, the City Commission of the City of Dania Beach wishes to join American Maritime
Officers in commemorating the civilian U.S. merchant mariners lost at sea in service to the
nation in peacetime and in war since the American Revolution, especially in World War ll.
NOW,THEREFORE, I, John Bertino, as Mayor of the City of Dania Beach, Florida do hereby
proclaim May 22, 1999, as
"MARITIME DAY"
in the City of Dania Beach and urge the entire community to support and recognize the
importance of supporting our American merchant marine.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this
twenty-seventh day of April, 1999. IMAYOR
RTINO
ATTEST:
SHE YL CHAPh AN
ACTING CITY CLERK
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