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HomeMy WebLinkAbout1999-04-13 Regular City Commission Meeting Minutes I�j r � I 13� 1999 h T 7 MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 13, 1999 7:30 P.M. The meeting was called to order by Mayor Bertino. The invocation was given by Associate Pastor Isaac Miranda, Griffin Road Baptist Church Pledge of Allegiance Roll Call Present: Mayor John Bertino Vice-Mayor Charles Mc Elyea Commissioner Jim Cali Commissioner John Etling Commissioner Bob Mikes City Manager Michael Smith City Attorney Thomas Ansbro Acting Clerk Nanci Denny Presentations: 1. Shawn Davis, S. Davis &Associates, - City's 1998 Comprehensive Annual Financial Report Shawn Davis, Heather Sinclair &Tanya Davis presented the Comprehensive Annual Financial Report for 1998. Mr. Davis pointed out that in their opinion, the City was not Year 2000 compliant at this time, but that the City was moving forward in order to be compliant. City Manager Smith explained that programs are in place to assure that the City will be year 2,000 compliant. Mr. Davis reported that total assets increased from $62 million to $66.7 million dollars; total liabilities decreased by approximately $500,000; equity and other credit increased from $52 million to $58 million; total revenues increased from $15 million to $18 million; expenditures increased from $16.1 million to $17.4 million and the fund balance increased from $2.2 million to $4 million. He stated that the trend was definitely positive and certainly headed in the right direction. MINUTES-CITY OF DANIA BEACH 1 APRIL 13, 1999 a- t L f _I s Tanya Davis pointed out that there were no current year advisory comments and that all prior year advisory comments had been responded to and are under implementation. 4 Commissioner Cali commended the firm on a job well done. 2. Bobbie Grace -Adler Bears Baseball Team Ms. Grace reported that this was the sixth year that the City had hosted visitors from the Bahamas to participate in a baseball tournament. She stated that the Dania Beach team, renamed to the Adler Bears, competed against the Bahamas team, the G.B. Lakers, and the tournament was won by the Adler Bears. She was very proud of the team spirit that was exhibited during the tournament. She thanked the City of Dania Beach and several businesses for their support and efforts in helping with the tournament. ADDED PRESENTATION ITEM 3. BSO Deputy of the Month for March 1999 Chief Anton presented the "Deputy of the Month" plaque to Deputy Connie Bell for her involvement in the apprehension of a stolen motor vehicle which resulted in the arrest of a 20 year-old Hollywood man who had participated in more than 20 other motor vehicles thefts. Chief Anton commended Deputy Bell for a job well done and for her dedication and professionalism. PROCLAMATIONS 1. A proclamation declaring April 30, 1999, as the 127th anniversary celebration of"Arbor Day". City Manager Smith read the proclamation in its entirety. 2. A proclamation declaring the week of April 11 — 17, 1999, as "Paul DeMaio - Read A Book Week' as part of National Library Week and in memory of Paul DeMaio. City Manager Smith read the proclamation in its entirety. ITEMS PULLED FROM CONSENT: ADDENDUM ITEM 1.4; ITEM 1.5 RENUMBERED TO 1.6; ITEM 1.6 RENUMBERED TO ITEM 1.7 AND ITEM 1.7 RENUMBERED TO ITEM 1.8. 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of January, 1999. Resolutions: MINUTES-CITY OF DANIA BEACH 2 APRIL 13, 1999 f L r, r 7 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXTENDING THE COMPLETION DATE TO JANUARY 1, 2000 FOR THE DREDGING PROJECT AT TIGERTAIL LAKE AS REQUESTED BY RYAN INCORPORATED EASTERN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT REFERENCED AS EXHIBIT "A", AUTHORIZING CITY OFFICIALS TO EXECUTE AN INDEMNFICATION AGREEMENT (EXHIBIT "B") WITH BASS PRO OUTDOOR WORLD, L.P. AND APPROVING A BILL OF SALE (EXHIBIT "C") AND HOLD HARMLESS AGREEMENT (EXHIBIT "D") PERTAINING TO UTILITY IMPROVEMENTS FURNISHED BY SPORTSMAN'S PARK DEVELOPMENT COMPANY, AND CONVEYED BY THAT ENTITY TO THE CITY RELATING TO BASS PRO SHOPS OUTDOOR WORLD DEVELOPMENT; 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." Ordinances - First reading of ordinance - Title to be read by City Attorney 1.5 "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." (First Reading - PL-14-99) ITEM RENUMBERED FROM 1.4 TO 1.5. Attorney Ansbro read the title of the ordinance. A motion was made by Commissioner Etling, seconded by Commissioner Cali to approve the Consent Agenda with the exception of the Addendum Item 1.4 and Items 1.5 renumbered to 1.6, Item 1.6 renumbered to Item 1.7 and Item 1.7 renumbered to Item 1.8. The motion passed on the following roll call vote: Commissioner Cali -Yes Vice-Mayor Mc Elyea -Yes Commissioner Etling -Yes Mayor Bertino -Yes Commissioner Mikes - Yes ITEMS PULLED FROM CONSENT ADDENDUM 1.4 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT WITH TRI-COUNTY COMMUTER RAIL AUTHORITY, AN AGENCY OF THE STATE OF FLORIDA; FURTHER PROVIDING FOR AN EFFECTIVE DATE." Attorney Ansbro read the title of the resolution. MINUTES- CITY OF DANIA BEACH 3 APRIL 13, 1999 f L t, r City Manager Smith explained that this agreement covers the relocation of the tri-rail station from its current us maintenance facility north to the Sportsman'location s ParkDe elopme near the Broward County b Development, which would be under property leased from the City of Dania Beach. He stated that all landscaping, signage and improvements over a certain threshold would have to be approved by the City. City Manager Smith reported that the facility is expected to be completed by the end of 1999. A motion was made by Commissioner Cali, seconded by Commissioner Etling to approve this item. The motion passed on the following roll call vote: Commissioner Cali - Yes Vice-Mayor Mc Elyea -Yes Commissioner Etling - Yes Mayor Bertino - Yes Commissioner Mikes - Yes 1.6 "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) ITEM 1.5 RENUMBERED TO 1.6. City Manager Smith explained that the petitioner had requested that this item be continued to the next meeting. A motion was made by Commissioner Etling, seconded by Vice-Mayor Mc Elyea to continue this item. The motion passed unanimously. 1.7 "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) ITEM 1.6 RENUMBERED TO 1.7. City Manager Smith explained that the petitioner had requested that this item be continued to the next meeting. MINUTES•CITY OF DANIA BEACH 4 APR/L 13, 1999 A- r M t t� { i7Pdf; It--. It r T' 7 r / A motion was made by Commissioner Etling, seconded by Vice-Mayor Mc Elyea to continue this item. The motion passed unanimously. 1.8 "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." (First Reading- PL-15-99) ITEM 1.7 RENUMBERED TO 1.8. Attorney Ansbro read the title of the ordinance. Mayor Bertino opened the public hearing. No one spoke in favor or opposition of this request and the public hearing was closed. A motion was made by Commissioner Mikes, seconded by Commissioner Cali to approve this item. The motion passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea - yes Commissioner Etling - yes Commissioner Mikes-yes Mayor Bertino-yes 2 BIDS 2.1 Award of bid to upgrade underground fuel storage tanks. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN U.S. ENVIRONMENTAL GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROVIDING ALL MATERIAL, EQUIPMENT AND LABOR TO PERFORM ALL WORK NECESSARY TO COMPLETE THE "UPGRADE UNDERGROUND FUEL STORAGE 'TANKS" PROJECT; 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." Attorney Ansbro read the title of the resolution. Robert 'Bud" Palm, Director of Utilities/Public Works, storage tanks. explained that the Department of Natural Resource Protection was requiring the upgrade of the underground fuel A motion was made by Commissioner Cali, seconded by Commissioner Etling to approve this item. The motion passed on the following roll call vote: Commissioner Cali-yes Vice-Mayor Mc Elyea - yes Commissioner Etling - yes Commissioner Mikes - yes Mayor Bertino-yes MINUTES-CITY OF DANIA BEACH 5 APRIL 13, 1999 L r, r / 2.2 Award of bid for construction of Southwest Sidewalk and Landscape Improvements, Phase III, under the Broward County Community Block Grant Program. "RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE AGREEMENT, SUBJECT TO THE APPROVAL BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA BEACH AND M.E.F. CONSTRUCTION, INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS, PHASE III UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE." Attorney Ansbro read the title of the resolution. City Manager Smith explained that this was the third phase of landscape improvements and sidewalk additions and renovations in the Southwest College Gardens neighborhood. He reported that all improvements were being paid for by the grant. City Manager Smith explained that the references given by M.E.F. Construction, Inc. all checked out, and he felt that there was no reason to believe that they would not do a good job. A motion was made by Commissioner Cali, seconded by Commissioner Etling to approve the award of the bid and the contract. The motion passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea- yes Commissioner Etling -yes Mayor Bertino -yes Commissioner Mikes - yes 2.3 Award of bid for Large Meter Change-out Program. Robert "Bud" Palm, Director of Utilities/Public Works, explained that this program was implemented because of the concern over the larger meters, whether they were accurate and whether we were getting the proper amount of money. He explained that there are better meters available. He reported that one of the meters from Metron had been in place at Meadowbrook for about 6 months and there has been a 40% increase in revenue from that particular meter. He stated that the proposal shows that the cost of the meters would be self-supporting. Once the meters were paid off, the City would see additional revenues. This should hold down the rates for the citizens. Commissioner Cali reported that the proposal stated "The City of Dania has an opportunity to recover between $114,000 and $184,000 per year and reduce the system's unaccounted for water lost between 3.9% and 6.3%." He felt that this was a great idea and should be done. A motion was made by Commissioner Cali, seconded by Commissioner Etling to approve this item. The motion passed on the following roll call vote: MINUTES-CITY OF DANIA BEACH 6 APRIL 13, 1999 f E r -I r Commissioner Cali -yes Vice-Mayor Mc Elyea - yes Commissioner Etling - yes Mayor Bertino -yes Commissioner Mikes -yes ITEM 4.1 WAS HEARD NEXT 3. PUBLIC HEARINGS/SITE PLANS Attorney Ansbro swore in all witnesses who would speak during the Public Hearings. 3.1 a) VA-63-98 -A variance request by John Glarentzos/John's Amoco Service Station, 1554 South Federal Highway. "A RESOLUTION APPROVING VARIANCE REQUESTS BY JOHN GLARENTZOS, OWNER OF PROPERTY COMMONLY KNOWN AS JOHN'S AMOCO GAS STATION, FROM CHAPTER 26 VEGETATION, ARTICLE IV, SECTION 26-50 (a) & (b); CHAPTER 28 ZONING, ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 28 ZONING, ARTICLE 6.24 SERVICE STATIONS; CHAPTER 28 ZONING, ARTICLE 6.63 SERVICE STATIONS, SECTIONS (1)(a) APPLICABILITY, (5)(a) AND (5)(b) SIGNAGE AND LIGHTING, FOR PROPERTY LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA BEACH; 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." Attorney Ansbro read the title of the resolution. Mayor Bertino disclosed that he had spoken with the architect regarding this matter. Commissioner Etling disclosed that he had spoken with a few residents and business owners regarding this matter. Terry Virta, Growth Management Director, explained that this was an existing Amoco service station located at the northwest corner of Sheridan Street and US 1. He stated that the owners want to renovate and replace the building which would eliminate the non-conforming status that the service station currently enjoys. As a result, in order to build a new facility at this location, a series of four variances would have to be approved as well as the site plan. Mr. Virta reported that he met with the Glarentzos family with regard to the landscaping, pump locations and the canopies. The Glarentzos indicated to him that they were not in a position, financially, to modify the pump locations or the canopies. Mr. Virta recommended that if the pump islands and canopies were allowed to remain, a condition should be placed upon the approval -that when the canopies become structurally unsound, they be changed to meet the design guidelines of the City. Mr. Virta stated that the applicants have agreed to reduce the size of the convenience store to allow for more landscaping; agreed to expand the landscaped corner at US 1 and Sheridan Street; indicated the willingness to provide landscaping between Sheridan Street and the car wash which is on the east side of the property to provide a landscaping buffer. MINUTES-CITY OF DANIA BEACH 7 APRIL 13, 1999 f L 1 r 7 Ms. Glarentzos presented the updated site plan with the additional landscaping. She stated that the landscaping at the corner of the intersection would be mounded and a sprinkler system would be installed. In response to the concern of Vice-Mayor Mc Elyea, Ms. Glarentzos stated that the / north perimeter of the site, along the alley, would be totally enclosed by a concrete wall on top of a concrete footer. Commissioner Mikes requested that the island be made a little bigger to accommodate more landscaping and asked that thin palms be planted. Ms. Glarentzos agreed to his request. Mayor Bertino opened the public hearing. No one spoke in favor or in opposition to this item, and the Mayor closed the public hearing. Commissioner Etling suggested that the signage on the canopies be removed. Commissioner Mikes suggested that they be allowed two years to remove the "AMOCO"wording from the canopies. A motion was made by Commissioner Cali, seconded by Commissioner Mikes to approve this item with the condition that all signage on the property must come into full compliance with the City's sign ordinance within five years. The motion passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea - yes Commissioner Etling - yes Mayor Bertino - yes Commissioner Mikes - yes 3.1 b) SP-64-98 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN GLARENTZOS, FOR PROPERTY COMMONLY KNOWN AS JOHN'S AMOCO, LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.,, Attorney Ansbro read the title of the resolution. The site plan presented by Ms. Glarentzos was marked as Exhibit 1.1b) A motion was made by Commissioner Cali, seconded by Commissioner Mikes to approve the site plan marked Exhibit"3.1b with the additional landscaping and that the tree modifications be approved by the Growth Management Director. The motion Passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea -yes Commissioner Etling - yes Commissioner Mikes -yes Mayor Bertino- yes MINUTES-CITY OF DANIA BEACH 8 APRIL 13, 1999 f y" r t , L,q t} I r 7 3.2 SP-61-98—Travel Ways— Request by J.F. Smith Design & Build, Inc., representing AC@LP Corp., for site plan approval for bus storage lot/maintenance facility at 1237 Stirling Road, A/K/A Jabfer Industrial Plat. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY J.F. SMITH DESIGN & BUILD, INC. REPRESENTING AC@LP CORP., FOR PROPERTY LOCATED AT 1237 STIRLING RD., ALSO KNOWN AS THE JABFER INDUSTRIAL PLAT; 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." Attorney Ansbro read the title of the resolution. Commissioner Mikes disclosed that he had received e-mail from Mr. Smith over the past few months. Commissioner Etling disclosed that he had also received e-mail from Mr. Smith and comments from several residents and members of the neighborhood association and a few business people. Commissioner Cali disclosed that he had conversations with representatives and counsel from Travelways, members of the College Gardens Civic Association as well as other city residents. Vice-Mayor Mc Elyea disclosed that he had spoken with the petitioner as well as several residents. Mayor Bertino disclosed that he had received a campaign contribution from the petitioner, which he returned. Terry Virta, Growth Management Director, provided the following information: Subject property was annexed into the City of Dania in 1996 and is subject to the Broward County zoning code. The requested use is a permitted use under the commercial zoning district for Broward County. The project's use was submitted under the Broward County zoning designation, however, the site plan, itself, was designed to meet the standards of site plan review under the City of Dania Beach zoning code. After discussions between staff and the City Attorney's office, it was determined that the site plan should be reviewed under the standards found in the Broward County zoning code. It was also determined that the site plan does not meet the requirements of the Broward County zoning code. The site plan is 20 spaces short for parking. A conceptual lighting plan was not submitted. The Broward County code requires that the site be no more than 70% pervious and in order to meet that requirement of the code, an additional 18,000+ square feet of the site would have to be portrayed as being pervious as opposed to presently being portrayed as being paved or under rooftop. Minor landscaping aspects have not been complied with and it is staffs opinion that under the Broward County code there would be a requirement that a right turn and deceleration lane be provided to the site. The Planning &Zoning Board, based on the City Attorney's determination that the Broward County Code is MINUTES-CITy OF DANIA BEACH 9 APRIL 13, 1999 f M r� the one to apply, found that the site plan does not meet the requirements of that code and recommended that it be denied. They also recommended that if the Commission should opt to review the site plan under the City Code, that it still be denied based on traffic safety concerns, primarily due to the lack of a right-turn deceleration lane to serve the site. Study findings provided to the City by the applicant were submitted to the Department of Transportation. After reviewing the findings, the Department of Transportation submitted a revised conclusion wherein it stated that a right-turn lane is required with a new access permit. Attorney Ansbro explained the following: Because the property was annexed into Dania in 1996, it is regulated by the Broward County zoning code. The requested use is permitted under the Broward County zoning code, but is not permitted under the City zoning code. There is an issue as to what site plan rules apply. Based upon his analysis and review of the statute, if the permitted use and prohibited use laws apply of the Broward County code, then it is his opinion that the Broward County site plan laws must also apply. He explained that the Broward County zoning law states that all codes of the Broward County zoning law must be complied with and one of those codes is the site plan law. Donald Hall, Attorney for Global Travelways, was present representing the petitioner. Mr. Hall explained that City staff had been telling him and his clients since October of 1998, that the project was subject to City of Dania Beach site plan regulations and various changes have been made to the site plan as directed by the Commission. He stated that a new staff report appeared on February 11, 1999, stating that the project was now subject to Broward County site plan regulations. Mr. Hall did not believe that it was the intent of the Legislature, when they passed the statute mentioned by Attorney Ansbro, to require City's to implement the site plan regulations of another jurisdiction, particularly the County. Mr. Hall explained that his client filed a pre-application review with the Department of Transportation on January 21, 1999. In their conceptual review, D.O.T. preferred a minimum 50' ingress radius return and requested that the petitioner consider relocating the access to the eastern entrance of the property and incorporate a right- turn lane for safety considerations. The 50' ingress radius has been provided for on the site plan. Mr. Hall implied that the City's traffic consultant sent a letter to D.O.T. asking them to reconsider the application submitted for this project without allowing the applicant to be involved. The Department of Transportation issued a revised conclusion on April 5, 1999, requiring the right-turn lane. Attorney Ansbro admitted that it was the original legal opinion that the project was a permitted use under the County law and felt it logical to assume that City site plan requirements would apply. Mr. Ansbro stated that Mr. Hall raised the fact that they did not agree that the City site plan requirements would apply but were willing to concede and live by them. At that time Mr. Ansbro revisited the idea, reviewed the statutes and changed his opinion that all County zoning laws and regulations, including site plan regulations, should apply to this project. Alan Tinter, Registered Traffic Engineer, submitted the findings of his traffic study. Mr. Tinter recommended that the radius of the access driveway be increased to the 50' MINUTES-CITY OF DANIA BEACH 10 APRIL 13, 1999 i L r r 'i entering radius and 35' exiting radius. Mr. Tinter's basic conclusions were that there was adequate capacity on adjacent roadways to accommodate the anticipated site traffic; that the driveway would operate at an acceptable level of service well below the thresholds established by the City and the County as to what's acceptable; that the driveway, as proposed, could better accommodate the proposed use than the previously existing driveway could accommodate the previously existing use. He also concluded that there would be no deterioration of operating characteristics on the area roadways as a result of the development. He stated that the Broward County code would require a right-turn lane based on the traffic volume, however, the Broward County code also states that the turn lane would be required unless a traffic study was done to justify the construction of the site without the turn lane. He stated that this study was presented to the Department of Transportation in January of 1999, and at that time was acceptable to D.O.T., although they did rp efer, not require, a right-turn lane. He stated that the Department of Transportation concluded that sufficient information had been provided to indicate to them that the site would work without the right-turn lane, but did require the radius to be increased to 50', which has been done. Mr. Tinter stated that he had conducted studies on the following criteria: levels of service; geometric characteristics; acceleration characteristics; internal circulation; location; restricted plat conditions; physical ability to construct a turn lane in accordance with the D.O.T. standards; accident data; traffic volume and only one criteria (traffic volume)would warrant a right-turn lane. Mayor Bertino asked about the requirement of a right-turn lane by the Department of Transportation. Mr. Tinter reported that based on the material provided by the City's consultant, D.O.T. is now requiring that a right-turn lane be constructed. Commissioner Etling asked about the volume of vehicular traffic that would be using this access in a 24-hour period. Mr. Tinter reported that during peak season (between January and April) there would be 260 bus trips and 2,227 automobile trips, for a total of 2,487 vehicle trips per day. Commissioner Mikes felt that a right-turn lane would be a safer condition on rainy and bad weather days. Mayor Bertino felt that at this time it was a mute point because the Department of Transportation is requiring the right-turn lane, unless D.O.T. reverses their decision. Frank Smith,Architect, explained that he was not able to find nor could Mr. Virta show him in writing any criteria where he determined that the parking requirements were 20 spaces short. Mayor Bertino opened the Public Hearing. Albert Jones, resident, spoke in opposition of this request. Laura Hoskins, resident, spoke in opposition of this request. MINUTES-CITYOF DANIA BEACH 11 APRIL 13, 1999 f t- t, r F / Attorney Ed Stacker spoke on behalf of Stirling Design Limited Partnership who owns the property which is contiguous with the proposed site and immediately to the west. Mr. Stacker felt that this site was not suited for the proposed use. He stated that his client would be impacted very negatively. He stated that the site plan does not meet the Broward County code nor the City code. He asked that the Commission not Compromise the integrity of the surrounding area and the development regulations and deny this request. He concurred with City Attorney Ansbro in that the regulations that the City must apply in reviewing a site plan are the regulations that are applicable to the zoning and the zoning is that of the County. He also pointed out that there was not enough frontage on Stirling Road nor was there enough acreage on the site to meet parking requirements and pervious area requirements. Miles Moss, Professional Engineer, expert in traffic accident reconstruction and safety issues, presented an overview of the analysis that had been conducted by the petitioner's traffic consultant. After conducting his own study of this site and making comparisons with the study prepared by the applicant, it was his expert opinion that this location would create a hazardous condition and cause or contribute to the cause of traffic accidents. Michael Smith, resident, spoke in opposition of this request. Lester Boggs, applicant and owner, requested that he be allowed reasonable use of his property. Joe Schubert, resident, spoke in opposition of this request. Mayor Bertino closed the public hearing. Attorney Neil Calus spoke on behalf of the petitioner and stated that they have tried to follow the directions given by the City since the beginning of this project, and asked that the Commission give his client a fair and reasonable consideration of the project and realize that in every step of this matter his client has tried to be cooperative and offer the City a reasonable resolution to the problems and concerns that were raised. Molly Hughes, Traffic Consultant for the City, was sworn-in by Attorney Ansbro. Ms. Hughes clarified that there were no meetings with the Department of Transportation. She explained that it was discovered after several readings of the applicant's January letter that the category of driveway (which was a C) appeared to be inconsistent with what one would expect based on the traffic study the applicant had submitted to the City. At that time, the Department of Transportation was contacted by phone to determine whether the inconsistency was a typo. Ms. Hughes was asked by D.O.T. to send them a copy of the applicant's traffic study, which she did. She stated that it was her understanding that D.O.T. merely used the trip generation in that study to identify that it would be a category D permit for the driveway and the rules that apply to a category D permit require a right-turn lane. She explained that it was not her intention to go behind the applicant's back and did take responsibility for not contacting the applicant. MINUTES-CITY OF DANIA BEACH 12 APRIL 13, 1999 i-- t 7 A motion was made by Commissioner Mikes, seconded by Commissioner Mc Elyea to continue the meeting to 12:30 a.m. The motion passed unanimously. A motion was made by Commissioner Cali, seconded by Commissioner Mc Elyea to approve this item. Commissioner Mikes felt that there was a safety issue involved and felt that there would be a potential hazard if this use was approved for this site. Commissioner Cali felt that the Commission could not deny the owner the rightful use of his property. Mayor Bertino felt that the site plan should be regulated by the Broward County code since the zoning is regulated by the Broward County code. He also felt that since the Department of Transportation was requiring a right-turn lane, the site plan was deficient and could not be approved. Commissioner Etling felt that the biggest concern was the traffic safety issue. He felt that the safety issue had not been addressed on the site plan with regards to the deceleration lane required by the Department of Transportation and felt that the Commission should abide by the opinion of the Department of Transportation and the City's traffic consultant. The motion failed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea - yes Commissioner Etling - no Mayor Bertino - no Commissioner Mikes - no 3.3 SP-13-99— Festival Fun Parks —Request for site plan approval to construct a Paintball area on the north side of the property including two (2) modular buildings at 1700 NW 15'Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1700 NW 15T A BEACH; STREET, DANIA PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS NI CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Attorney Ansbro read the title of the resolution. Terry Virta, Growth Management Director, explained that the main difference between the proposed operation and the previous operation was that netting would completely cover the site and no paintball missles would leave the area. He also reported that the Planning &Zoning Board recommended approval of this request. Mayor Bertino opened the public hearing. MINUTES-CITY OF DANIA BEACH 13 APR/L 13, 1999 r 7 I r Carol Christ-Moral spoke in favor of this request. In response to Commissioner Mikes, City Manager Smith explained that the operators of Grand Prix met with the Fire Chief and Police Chief and worked out an arrangement for details that were agreeable to all parties. In response to Commissioner Etling, Michael Mogerman, petitioner, stated that the land was currently vacant where the paintball operation would be placed. Mr. Mogerman stated that the operation would be totally fenced in, totally enclosed and the only access to the paintball operation would be through the arcade building. A motion was made by Commissioner Etling, seconded by Commissioner Mc Elyea to approve this request. The motion passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea -yes Commissioner Etling - yes Mayor Bertino- yes Commissioner Mikes - no 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. ADDENDUMITEM 4.1 Ms. Bobbie Grace regarding Reliance Housing Foundation Ms. Grace explained that one of her main goals for the City of Dania Beach was to have affordable single-family housing in the City. She stated that Mr. Jackson, the new owner of the Gulfstream Apartments, was willing to spend $6 million to upgrade the apartment units and asked the Commission to reconsider Mr. Jackson's request for waiver of permit fees in his project. 5. EXPENDITURE REQUESTS 5.1 "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." Attorney Ansbro read the title of the resolution. A motion was made by Vice-Mayor Mc Elyea, seconded by Commissioner Cali to defer this item to the next meeting. The motion passed unanimously. MINUTES-CITYOFDANIA BEACH 14 APRIL 13, 1999 f Y� a r y F ITEM 6.2 WAS HEARD NEXT 6. DISCUSSION AND POSSIBLE ACTION 6.1 Vial of Life Program. Due to the late hour, Vice-Mayor Mc Elyea requested that this item be continued to the next meeting. 6.2 Discussion of bond issue. Judith Coatsworth, Chairperson of the Blue Ribbon General Obligation Bond Committee reported that the committee felt that the bond issue would be ready for the November 1999 Special Election. She stated that two of four scheduled public meetings had been held. She felt that if the election was postponed, interest rates could increase and the bond issue would have to be reduced because of the debt service. Commissioner Mikes stated that a special election would have to be held and felt that very few people would turn out and did not think it would be fair to the community. Commissioner Cali also felt that interest rates were a key factor in this issue and felt that it was imperative that the City move forward with the bond issue. Commissioner Etling was concerned over the arrangements that need to be taken care of with regard to the bond issue. He stated that the Finance Director was very pessimistic about getting this on a November ballot due to the fact that there has to be hard figures and a lot of financial work has to be done by the City and a bond agency. Commissioner Cali felt that there was a realistic possibility that it would be ready by November 1999. A motion was made by Commissioner Mikes, seconded by Commissioner Etling to extend the meeting to 12:45 a.m. The motion passed unanimously. A motion was made by Commissioner Cali, seconded by Commissioner Etling to proceed with the special election in November 1999 for the bond issue. The motion passed on the following roll call vote: Commissioner Cali- yes Vice-Mayor Mc Elyea - no Commissioner Etling -yes Mayor Bertino-yes Commissioner Mikes - no 6.3 Request approval of an occupational license by MGC Communications to operate a local and long distance telecommunications provider business for property located at 1815 Griffin Road. Terry Virta, Growth Management Director, explained that any occupational license fee that is $500 or more must be approved by the Commission. MINUTES. CITY OF DANIA BEACh! 15 APRIL 13, 1999 l f d r, T 'I F A motion was made by Commissioner Cali, seconded by Commissioner Etling to approve this item. The motion passed on the following roll call vote: Commissioner Cali - yes Vice-Mayor Mc Elyea -yes Commissioner Etling -yes Mayor Bertino- yes Commissioner Mikes-yes ADDENDUMITEM 6.4 Discussion regarding Arbor Day Programs in the City of Dania Beach. Commissioner Mikes felt that the City should arrange some type of free tree program to be provided to the community. 7. APPOINTMENTS 7.1 Appointment of(4) members on the Airport Advisory Board. 7.2 Appointment of(1) member on Budget Advisory Committee. 7.3 Appointment of 4 members on the Economic Development and Downtown Redevelopment Board. 7.4 Appointment of 2 members on Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS 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." Vice-Mayor Mc Elyea recommended the appointment of Cecil Smart. 7.5 Appointment of 3 members on Occupational License Review Advisory Board. 7.6 Two (2) citizen nominations needed from commission for employees' election to the Civil Service Board. 7.7 Appointment of 2 members to "Blue Ribbon" General Obligation Bond Advisory Committee. 7.8 Appointment of 7 members on Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF SEVEN (7) 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." Mayor Bertino recommended the appointment of Vera Kelly & Judy Jensen. MINUTES-CITY OF DANIA BEACH 16 APRIL 13, 1999 f L _. a r, r 7 I' 7.9 Appointment of 2 members on Unsafe Structures Board. 7.10 Appointment of 7 members on Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF SEVEN (7) 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." Mayor Bertino recommended the appointment of Kathryn Philpart and Commissioner Mikes recommended the appointment of Judy Usifer. A motion was made by Commissioner Etling, seconded by Vice-Mayor Mc Elyea to adopt the resolutions approving the recommended appointments as submitted. The motion passed unanimously. 8. ADMINISTRATIVE REPORTS 8.1 City Manager 8.2 City Attorney Ansbro recommended that the City join-in and continue with the alliance on the EMS Minnet money litigation. A motion was made by Commissioner Etling, seconded by Commissioner Mikes to approve the City Attorney's recommendation. The motion passed unanimously. 9. COMMISSION COMMENTS 9.1 Commissioner Cali 9.2 Commissioner Etling 9.3 Commissioner Mikes 9.4 Vice-Mayor McElyea 9.5 Mayor Bertino Meeting adjourned at 12:45 a.m. Ll .� A R-COMMISSIONER ACTING GfTY CLERK/ MINUTES-CITY OF DANIA BEACH 17 APRIL 13, 1999 L f r, 7 MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 13, 1999 7:30 P.M. The meeting was called to order by Mayor Bertino. The invocation was given by Associate Pastor Isaac Miranda, Griffin Road Baptist Church Pledge of Allegiance Roll Call Present: Mayor John Bertino Vice-Mayor Charles Mc Elyea Commissioner Jim Cali Commissioner John Etling Commissioner Bob Mikes City Manager Michael Smith City Attorney Thomas Ansbro Acting Clerk Nanci Denny Presentations: 1. Shawn Davis, S. Davis &Associates, - City's 1998 Comprehensive Annual Financial Report 2. Bobbie Grace-Adler Bears Baseball Team ADDED PRESENTATION ITEM 3. BSO Deputy of the Month of March 1999—Chief Anton presented plaque to Deputy Connie Bell for apprehending a stolen vehicle and commended her for a job well done. PROCLAMATIONS 1. A proclamation declaring April 30, 1999, as the 1271^ anniversary celebration of"Arbor Day". 2. A proclamation declaring the week of April 11 — 17, 1999, as "Paul DeMaio - Read A Book Week" as part of National Library Week and in memory of Paul DeMaio. ITEMS PULLED FROM CONSENT: ADDENDUM ITEM 1.4 ITEM 1.5 RENUMBERED TO 1.6 AND ITEM 1.6 RENUMBERED TO ITEM 1.7 MINUTE SUMMARY CITY OF DANIA BEACH 1 APRIL 13, 1999 f I ' r -t 1 CONSENT AGENDA Bills: 1.1 Approval of bills for the month of January, 1999. Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXTENDING THE COMPLETION DATE TO JANUARY 1, 2000 FOR THE DREDGING PROJECT AT TIGERTAIL LAKE AS REQUESTED BY RYAN INCORPORATED EASTERN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT REFERENCED AS EXHIBIT "A", AUTHORIZING CITY OFFICIALS TO EXECUTE AN INDEMNFICATION AGREEMENT (EXHIBIT "B") WITH BASS PRO OUTDOOR WORLD, L.P. AND APPROVING A BILL OF SALE (EXHIBIT .,C") AND HOLD HARMLESS AGREEMENT (EXHIBIT D IMPROVEMENTS FURNISHED BY SPORTSMAN'S PERTAINING PARK DEVELOLIT LITY PMENT COMPANY, AND CONVEYED BY THAT ENTITY TO THE CITY RELATING TO BASS RESOLUTIONS OR PARTS PRO SHOPS OUTDOOR WORLD DEVELOPMENT; PROVIDING THAT ALL O RESOLUTION ARE REPEALED TO THE EXTENT OFF SUCHS INONFLICT CONFLICT;WITH THIS FURTHER, PROVIDING FOR AN EFFECTIVE DATE."(staff) Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.5 "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." (FIRST READING—PL-14-99) MOTION PASSED UNANIMOUSLY TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ADDENDUM ITEM 1.4 ITEM 1.5 RENUMBERED TO 1.6 ITEM 1.6 RENUMBERED TO 1.7 AND ITEM 1.7 RENUMBERED TO ITEM 1.8. ADDENDUM 1.4 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT WITH TRI-COUNTY COMMUTER RAIL AUTHORITY, AN AGENCY OF THE STATE OF FLORIDA; FURTHER PROVIDING FOR AN EFFECTIVE DATE.,, MOTION TO APPROVE PASSED UNANIMOUSLY 1.6 "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 MINUTE SUMMARY CITY OF DANIA BEACH 2 APRIL 13, 1999 f ' r i 1 "PILOT OIL TRAVEL CENTER" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING—PL-11-99) MOTION TO CONTINUE THIS ITEM PASSED UNANIMOUSLY 1.7 "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) MOTION TO CONTINUE THIS ITEM PASSED UNANIMOUSLY 1.8 "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." (FIRST READING—PL-15-99) MOTION TO APPROVE THIS ITEM PASSED UNANIMOUSLY 2. BIDS 2.1 Award of bid to upgrade underground fuel storage tanks. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN U.S. ENVIRONMENTAL GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROVIDING ALL MATERIAL, EQUIPMENT AND LABOR TO PERFORM ALL WORK NECESSARY TO COMPLETE THE "UPGRADE UNDERGROUND FUEL STORAGE TANKS" PROJECT; 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." MOTION TO APPROVE THIS ITEM PASSED UNANIMOUSLY 2.2 Award of bid for construction of Southwest Sidewalk and Landscape Improvements, Phase III, under the Broward County Community Block Grant Program. "RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE AGREEMENT, SUBJECT TO THE APPROVAL BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA BEACH AND M.E.F. CONSTRUCTION, INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE MINUTE SUMMARY CITY OF DANIA BEACH 3 APRIL 13, 1999 f • r 'i e IMPROVEMENTS, PHASE III UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE." MOTION TO APPROVE THIS ITEM PASSED UNANIMOUSLY 2.3 Award of bid for Large Meter Changeout Program. MOTION TO APPROVE THIS ITEM PASSED UNANIMOUSLY 3. PUBLIC HEARINGS/SITE PLANS 3.1 (a) VA-63-98 —A variance request by John Glarentzos/John's Amoco Service Station, 1554 South Federal Highway. (Continued from March 23, 1999, regular meeting) "A RESOLUTION APPROVING VARIANCE REQUESTS BY JOHN GLARENTZOS, OWNER OF PROPERTY COMMONLY KNOWN AS JOHN'S AMOCO GAS STATION, FROM CHAPTER 26 VEGETATION, ARTICLE IV, SECTION 26-50 (a) & (b); CHAPTER 28 ZONING, ARTICLE 4,202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 28 ZONING, ARTICLE 6,24 SERVICE STATIONS; CHAPTER 28 ZONING, ARTICLE 6.63 SERVICE STATIONS, SECTIONS (1)(a) APPLICABILITY, (5)(a) AND (5)(b) SIGNAGE AND LIGHTING, FOR PROPERTY LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA BEACH; 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." MOTION TO APPROVE WITH CONDITIONS PASSED UNANIMOUSLY (b) SP-64-98 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN GLARENTZOS, FOR PROPERTY COMMONLY KNOWN AS JOHN'S AMOCO, LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION TO APPROVE WITH CONDITIONS PASSED UNANIMOUSLY 3.2 SP-61-98—Travel Ways— Request by J.F. Smith Design & Build, Inc., representing ALP Corp., for site plan approval for bus storage lot/maintenance facility at 1237 Stirling Road, A/K/A Jabfer Industrial Plat. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY J.F. SMITH DESIGN & BUILD, INC. REPRESENTING AC@LP CORP., FOR PROPERTY LOCATED AT 1237 STIRLING RD,, ALSO KNOWN AS THE JABFER INDUSTRIAL PLAT; 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." MOTION TO EXTEND MEETING TO 12:30 A.M. PASSED UNANIMOUSLY MINUTE SUMMARY CITY OF DANIA BEACH 4 APRIL 13, 1999 MOTION TO APPROVE THE SITE PLAN FAILED ON A 2-3 VOTE 3.3 SP-13-99 — Festival Fun Parks— Request for site plan approval to construct a Paintball area on the north side of the property including two (2) modular buildings at 1700 NW 1st Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1700 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION TO APPROVE PASSED WITH COMMISSIONER MIKES VOTING NO 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. ADDENDUM ITEM 4.1 Ms. Bobbie Grace regarding Reliance Housing Foundation 5. EXPENDITURE REQUESTS 5.1 "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." MOTION TO DEFER THIS ITEM PASSED UNANIMOUSLY 6. DISCUSSION AND POSSIBLE ACTION 6.1 Vial of Life Program. (City Manager) CONTINUED TO NEXT MEETING 6.2 Discussion of bond issue. (City Commission) MOTION TO EXTEND MEETING TO 12:46 PASSED UNANIMOUSLY MOTION TO PROCEED WITH SPECIAL ELECTION IN NOVEMBER OF 1999 FOR THE BOND ISSUE PASSED WITH COMM. MIKES&VICE-MAYOR MC ELYEA VOTING NO. MINUTE SUMMARY CITY OF DANIA BEACH 5 APRIL 13, 1999 s; 7 6.3 Request approval of an occupational license by MGC Communications to operate a local and long distance telecommunications provider business for property located at 1815 Griffin Road. MOTION TO APPROVE PASSED UNANIMOUSLY ADDENDUM ITEM 6.4 Discussion regarding Arbor Day Programs in the City of Dania Beach. 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 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." 7.4 Appointment of 2 members on Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF two (2) MEMBERS 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." VICE-MAYOR MC ELYEA RECOMMENDED THE APPOINTMENT OF CECIL SMART 7.5 Appointment of 3 members on 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 MINUTE SUMMARY CITY OF DANIA BEACH 6 APRIL 13, 1999 t- ..t f r 7 THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 7.6 Two (2) citizen nominations needed from commission for employees' election to the Civil Service Board. 7.7 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." 7.8 Appointment of 7 members on Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. RATIFYING AND AFFIRMING THE APPOINTMENT OF SEVEN (7) 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." MAYOR BERTINO RECOMMENDED THE APPOINTMENT OF VERA KELLY&JUDY JENSEN. 7.9 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." 7.10 Appointment of 7 members on Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF SEVEN (7) 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." MAYOR BERTINO RECOMMENDED THE APPOINTMENT OF CATHY PHILPART AND COMM. MIKES RECOMMENDED JUDY USIFER MOTION TO APPROVE THE APPOINTMENTS PASSED UNANIMOUSLY. 8. ADMINISTRATIVE REPORTS 8.1 City Manager MINUTE SUMMARY CITY OF DANIA BEACH 7 APRIL 13, 1999 I It�-- r, 7 8.2 City Attorney CITY ATTORNEY RECOMMENDED THAT THE CITY JOIN IN AND CONTINUE WITH THE EMS MONET MONEY LITIGATION. MOTION TO APPROVE PASSED UNANIMOUSLY 9. COMMISSION COMMENTS 9.1 Commissioner Cali 9.2 Commissioner Etling 9.3 Commissioner Mikes 9.4 Vice-Mayor McElyea 9.5 Mayor sertino MEETING ADJOURNED AT 12:45 A.M. MINUTE SUMMARY CITY OF DANIA BEACH 8 APRIL 93, 1999 t r, Y AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 13, 1999 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN,ADMINISTRATIVE SERVICES DIRECTOR, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)921.8700, EXT.202,AT LEAST 72 HOURS PRIOR TO MEETING. CALL TO ORDER INVOCATION -Associate Pastor Isaac Miranda, Griffin Road Baptist Church PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS: 1. Shawn Davis, S. Davis &Associates, - City's 1998 Comprehensive Annual Financial Report 2. Bobbie Grace-Adler Bears Baseball Team PROCLAMATIONS 1. A proclamation declaring April 30, 1999, as the 127"anniversary celebration of"Arbor Day". 2. A proclamation declaring the week of April 11 — 17, 1999, as "Paul DeMaio- Read A Book Week" as part of National Library Week and in memory of Paul DeMaio. 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of January, 1999. AGENDA CITY OF DANIA BEACH 1 APRIL 13, 1999 f d s r 7 e Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXTENDING THE COMPLETION DATE TO JANUARY 1, 2000 FOR THE DREDGING PROJECT AT TIGERTAIL LAKE AS REQUESTED BY RYAN INCORPORATED EASTERN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."(staff) 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT REFERENCED AS EXHIBIT "A", AUTHORIZING CITY OFFICIALS TO EXECUTE AN INDEMNIFICATION AGREEMENT (EXHIBIT "B")WITH BASS PRO OUTDOOR WORLD, L.P. AND APPROVING A BILL OF SALE (EXHIBIT "C") AND HOLD HARMLESS AGREEMENT (EXHIBIT "D") PERTAINING TO UTILITY IMPROVEMENTS FURNISHED BY SPORTSMAN'S PARK DEVELOPMENT COMPANY, AND CONVEYED BY THAT ENTITY TO THE CITY RELATING TO BASS PRO SHOPS OUTDOOR WORLD DEVELOPMENT; 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." (staff) Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.4 "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." (FIRST READING-PL-14-99) 1.5 "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) 1.6 "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/ANGERLS 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 AGENDA CITY OF DANIA BEACH 2 APRIL 13, 1999 f r 7 / 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) 1.7 "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 BIDS EFFECTIVE DATE." (FIRST READING—PL-15-99) 2. 2.1 Award of bid to upgrade underground fuel storage tanks. (Bud Palm) "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN U.S. ENVIRONMENTAL GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROVIDING ALL MATERIAL, EQUIPMENT AND LABOR TO PERFORM ALL WORK NECESSARY TO COMPLETE THE "UPGRADE UNDERGROUND FUEL STORAGE TANKS" PROJECT; 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. 2.2 Award of bid for construction of Southwest Sidewalk and Landscape Improvements, Phase III, under the Broward County Community Block Grant Program. (Kevin Dick) "RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE AGREEMENT, SUBJECT TO THE APPROVAL BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA BEACH AND M.E.F. CONSTRUCTION, INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS, PHASE III UNDER THE COMMUNITY BLOCK GRANT PROGRAM;AND PROVIDING FOR AN EFFECTIVE DATE." 2.3 Award of bid for Large Meter Changeout Program. (Bud Palm) 3. PUBLIC HEARINGS/SITE PLANS 3.1 (Continued from march 23, 1999 regular meeting) a) VA-63-98 — A variance request by John Glarentzos/Johh's Amoco Service Station, 1554 South Federal Highway. "A RESOLUTION APPROVING VARIANCE REQUESTS BY JOHN GLARENTZOS, OWNER OF PROPERTY COMMONLY KNOWN AS JOHN'S AMOCO GAS STATION, FROM CHAPTER 26 VEGETATION, ARTICLE IV, SECTION 26-50 (a) & (b); CHAPTER 28 ZONING, ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK REGULATIONS; CHAPTER 28 ZONING, ARTICLE 6.24 SERVICE STATIONS; CHAPTER 28 ZONING, ARTICLE 6.63 SERVICE STATIONS, SECTIONS (1)(a)APPLICABILITY, (5)(a) AGENDA AND (5)(b) SIGNAGE AND LIGHTING, FOR PROPERTY LOCATED AT 1554 CITY OF DANIA BEACH 3 APRIL 13, 1999 i r. T -I SOUTH FEDERAL HWY., DANIA BEACH; 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." b) SP-64-98 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN GLARENTZOS, FOR PROPERTY COMMONLY KNOWN AS JOHNS AMOCO, LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3.2 SP-61-98 —Travel Ways — Request by J. F. Smith Design & Build, Inc., representing ACnaP Corp., for site plan approval for bus storage lot/maintenance facility at 1237 Stirling Road, AKA/Jabfer Industrial Plat. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY J.F. SMITH DESIGN & BUILD, INC. REPRESENTING AC@LP CORP., FOR PROPERTY LOCATED AT 1237 STIRLING RD., ALSO KNOWN AS THE JABFER INDUSTRIAL PLAT; 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." 3.3 SP-13-99 — Festival Fun Parks — Request for site plan approval to construct a Paintball area on the north side of the property including two (2) modular buildings at 1700 NW 1'�Street. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1700 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 4. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2ND)AND FOURTH(4TH)MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE(3) MINUTES. 5. EXPENDITURE REQUESTS 5.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE 1999 F250 FORD PICKUP TRUCK IN THE AMOUNT OF $23,946.75 FROM WORLD FORD AND ONE AGENDA 1999 FORD RANGER PICKUP TRUCK IN THE AMOUNT OF $16,918.00 CITY OF DANIA BEACH 4 APRIL 13, 1999 L _. f L sr r 'Y 1 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 A14 EFFECTIVE DATE." 6. DISCUSSION AND POSSIBLE ACTION 6.1 Vial of Life Program. (City Manager) 6.2 Discussion of bond issue. (City Commission) 6.3 Request approval of a Palmistry/Fortunetellers license by MGC Communications to operate a local and long distance telecommunications provider business for property located at 1815 Griffin Road. (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 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." 7.4 Appointment of 2 members on Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF two (2) MEMBERS 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." AGENDA CITY OF DANIA BEACH 5 APRIL 13, 1999 d- r a h 7 7.5 Appointment of 3 members on 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." 7.6 Two (2) citizen nominations needed from commission for employees' election to the Civil Service Board. 7.7 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." 7.8 Appointment of 7 members on Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF seven (7) 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." 7.9 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." 7.10 Appointment of 7 members on Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF SEVEN (7) 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." & ADMINISTRATIVE REPORTS 8.1 City Manager AGENDA CITY OF DANIA BEACH 6 APRIL 13, 1999 t r 7 7 0 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 7 APRIL 13, 1999 L - 7 r ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 13, 1999 CONSENTAGENDA: 1.4 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA, APPROVING THE DANIA BEACH STATION LEASE AND EASEMENT AGREEMENT WITH TRI-COUNTY COMMUTER RAIL AUTHORITY, AN AGENCY OF THE STATE OF FLORIDA; FURTHER PROVIDING FOR AN EFFECTIVE DATE." (STAFF) NOTE: Previously numbered items 1.4 to 1.7 are amended to read 1.6 to 1.8 CITIZEN COMMENT. 4.1 Ms. Bobbie Grace regarding Reliance Housing Foundation DISCUSSION AND POSSIBLE ACTION: 6.4 Discussion regarding Arbor Day Programs in the City of Dania Beach f r � I OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, the primary objective of National Library Week, developed in 1957 by our nation's public, is to provide all people with books and other resources to enrich our lives; and WHEREAS, Paul DeMaio's passion in motivating all Americans to read, learn and develop their cognitive skills to connect them with information and to instill them with the "Power of Knowledge;"and WHEREAS, Paul's love for reading and learning, developed when he was a child and continued throughout his 93-year life, was further demonstrated by his efforts which led to the expansion of the Dania Beach Branch of Broward County Library to not only enhance the community's involvement but also to allow those who require access to computers the ability to connect with and search for knowledge; and WHEREAS, as a Founder and past President of Friends of the Dania Library, he spent many hours encouraging people of all ages to read a book; and WHEREAS, to his family, friends and innumerable city supporters he became known as "Mr. Dania Library;"and WHEREAS, Paul DeMaio passed away on March 26, 1999, and was interred at Arlington National Cemetery on April 1, 1999; NOW,THEREFORE, BE IT PROCLAIMED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: That the Board of Commissioners hereby proclaims National Book Week, the week of April 11-17, 1999, in his memory, as "PAUL DE MAIO- READ A BOOK WEEK" in the City of Dania Beach and urges all people to carry on his legacy and to Learn, Read and Connect by exploring the treasures of the Library. IN WITNESS WHEREOF, I have hereunto set my hand and c use'this seal to be atfixed this thirteen day of April, 1999. A JOHN M. BERTINO, MAY R SHERYL CHAPMAN ACTING CITY CLERK a t, -r OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION Whereas, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, 1999 is the 127th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, Therefore, I, John M. Bertino, Mayor of the City of Dania Beach, do hereby proclaim April 301h, 1999, as the 127th anniversary celebration of Arbor Day In the City of Dania Beach, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. In Witness Whereof, I have hereunto set my hand au this seal to be affixed this 13th day of April, 1999. n M. Bertino Attest: Mayor Sheryl Chapman Acting City Clerk fr--