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HomeMy WebLinkAboutNULL (429) ��b , a3 / 999 r, r "1 F ' MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1999 7:30 P.M. CALL TO ORDER BYMAYOR CALI AT 7.30 P.M. INVOCATION - Richard Austin, First Baptist Church of Dania PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor: Jim Cali Vice-Mayor: John Etling Commissioners: John Bertino Bill Hyde Bob Mikes Asst. City Attorney: Lindsey Payne City Manager: Mike Smith Deputy City Clerk: Charlene Saltalamacchia PRESENTATIONS: 1. Resolution recognizing Kenneth Palmer. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMENDING KENNETH PALMER FOR HIS HEROIC ACTIONS IN SAVING THE LIFE OF A MOTORIST TRAPPED IN A BURNING VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE. On behalf of the city commission, Mayor Cali read the resolution in its entirety honoring Kenneth Palmer for saving a woman's life in an automobile accident in Davie near State Road 441/1595 on January 25, 1999. Mr. Palmer mentioned that his father, Charlie Palmer, was a previous Dania police officer for 17 years and that he was grateful to help the victim. Commissioner Mikes recognized Kenneth Palmer for his exceptional bravery. He mentioned that the armed forces are considering re-instating the draft because they cannot get a sufficient number of volunteers motivated by patriotism to serve in the armed forces of the United States. He mentioned that this generation seems indifferent to helping anyone and that he requested a presentation for Mr. Palmer because he was so impressed with someone who would place themselves in danger to save another's life. MINUTES CITY OF DANIA BEACH 1 FEBRUARY 23, 1999 f h ' r A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to adopt the resolution. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 2. City presentation to BSO on reducing crime rate. Mayor Cali advised that the collective efforts of the Broward Sheriffs Office lowered the crime rate by 20.7% in 1998, Chief Anton, BSO District II, and his staff were presented a plaque commending them for their fight against crime. Chief Anton thanked the commission for there support and pointed out the many dedicated deputies and employees in District II who are truly responsible for the decline in the crime rate. Added Presentation: Stephen Snyder, Dania Jai Alai, mentioned that the 15'Annual Broward Invitational Jai Alai Tournament was held last week and that it involved Jai Alai players from all over Florida. On the Ed Kaplan Show, eight(8) cities, including Dania Beach, drew teams to represent each city in winning scholarship money for students from each city. Mr. Snyder introduced the two Jai Alai players from Spain who represented Dania Beach. Mr. Snyder advised that Felix Espilla is a defending National Champion and that Andoni Echaniz is a defending World Series Champion. The next round of the national tournament is March 20 at Dania Beach Jai Alai. Mr. Snyder presented a $2,000.00 check to the City of Dania Beach for the FAU Scholarship Fund. Mayor Cali advised that the money received from Dania Jai Alai would be matched by FAU for a total of$4,000.00 to the FAU Scholarship Fund. 3. Florida Inland Navigation District- Presentation of Grant Reimbursement Commissioner Hyde introduced Larry Locker, Broward County Florida Inland Navigation District, and commended Mr. Locker for his efforts on behalf of Broward County and the State. Commissioner Hyde mentioned that boating safety issues came up a few years ago on the Dania Cut-off Canal and that the City was faced with multi-jurisdictional problems. The City obtained assistance with dredging and law enforcement on the waterways through grant programs with FIND. Mr. Locker informed the public that the entire Dania Cut-off Canal Dredging Project was $194,000.00 and that he has $185,000.00 in checks to present tonight. He pointed out the tremendous resources enjoyed by the City and entire community through the use of the canals, Intracoastal Waterways and ocean. He advised that April starts another funding session and encouraged the City to participate in the grant program. MINUTES CITY OF DANIA BEACH 2 FEBRUARY 23, 1999 f r r Commissioner Mikes was familiar with Mr. Locker's background and commended him for his efforts with environmental groups and enhancements to the parks of Broward County. PROCLAMATIONS-NONE 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of November 1998. Minutes: 1.2 Approval of minutes of March 10, 1998, Regular Meeting. 1.3 Approval of minutes of February 24, 1998, Regular Meeting. Resolutions: 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, SOUTH FLORIDA TROLLEY COMPANY, INC., AND SOUTH FLORIDA TOURISM COUNCIL, INC., FOR SERVICES RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, AND THE CITY OF DANIA BEACH, FLORIDA, RELATIVE TO THE DANIA BEACH MAIN STREET PROGRAM PROJECT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.6 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APROVING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; FURTHER, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR AN EFFECTIVE DATE." Assistant Attorney Payne read the title of the ordinance. MINUTES CITY OF DANIA BEACH 3 FEBRUARY 23, 1999 _f r 7 7 a A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, approving the Consent Agenda. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 LU-03-99 — "AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 9.913 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 691 FEET WEST OF SE 5TH AVENUE IN THE CITY OF DANIA BEACH CONTAINING THE FOLLOWING DESCRIBED: ALL OF TRACT "A" OF SWEDE LAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148, PAGE 14, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; IN ORDER TO ALLOCATE 240 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." (Second Reading of Ordinance) (Staff) Assistant Attorney Payne read the title of the ordinance. Terry Virta, Growth Management Director, explained that this item is a small area amendment to change the land use from Commercial to Multi-family. The request of the applicant is to use flex units by amending the City's Comprehensive Plan without changing the County's Comprehensive Plan. Mr. Virta mentioned that staff, as well as the Planning & Zoning Board, raised concerns about the use of flex units for this property and no factual information has changed since the last public hearing. Mayor Cali opened the public hearing. Bob Adams, 330 SE 3 Terrace, opposed the land use change because the City has some 700-flex units for eternity and this project will take one-third of the amount. He agreed that it is a good project, however, urged the commission to have Broward County grant a minor land use change instead. Hearing no further comments, Mayor Cali closed the public hearing. A motion was made by Vice-Mayor Etling, seconded by Commissioner Bertino, to adopt the ordinance on second reading. MINUTES CITY OF DANIA BEACH 4 FEBRUARY 23, 1999 i r, f 7 Commissioner Hyde respected Mr. Adams' comments on the flex unit use but pointed out that the units could be saved for years before a good project came to the City. Based on the City's experience with Trafalger Corporation, who built Sheridan Ocean Club, and knowing that it will be a good project, the land use is supported at this time. The motion passed on the following roll call vote: Commissioner Bertino —yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 3.2 "AN ORDINANCE PERTAINING TO THE SUBJECT OF SIGNS; AMENDING ARTICLE 2, SECTION 2.10 OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO PROVIDE ADDITIONAL DEFINITIONS AND AMENDING ARTICLE 27, ENTITLED "SIGNS", OF CHAPTER 28; TO ADD NEW PROHIBITED SIGNS; TO REVISE PROVISIONS PERTAINING TO SIGN ADJUSTMENTS AND VARIANCES; TO REVISE PROVISIONS RELATING TO WALL SIGNS AND TO REAL ESTATE ADVERTISING SIGNS AND TO ALLOW FOR ENTRYWAY SIGNS FOR CERTAIN DEVELOPMENTS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) (Staff) Assistant Attorney Payne read the title of the ordinance. Terry Virta, Growth Management Director, mentioned that the Sign Code was adopted December 29, 1998, and that this ordinance addresses specific language changes that were needed since the adoption. Mayor Cali opened the public hearing. Hearing no one speak in favor or opposition, Mayor Cali closed the public hearing. A motion was made by Vice-Mayor Etling, seconded by Commissioner Hyde, to adopt the ordinance on second reading. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes —yes Vice-Mayor Etling —yes Mayor Cali-yes 3.3 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "CLEM 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 "CLEM PLAT"; PROVIDING FOR SEVERABILITY; MINUTES CITY OF DANIA BEACH 5 FEBRUARY 23, 1999 f r -t 7 FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) Assistant Attorney Payne read the title of the ordinance. Terry Virta, Growth Management Director, advised that this is a single lot plat in an Industrial District. Staff has a meeting scheduled this coming Thursday with representatives of the property owner to review the site plan that will include modification of the existing structure to an office building. Mayor Cali opened the public hearing. Hearing no one speak in favor or opposition, Mayor Cali closed the public hearing. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, to adopt the ordinance on second reading. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes (CONTINUED FROM 01/26/99 REGULAR MEETING) 3.4 VC-60-98—Material Handling Systems, Petitioner requesting vacation of the SW 4'h Court right-of-way. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS- OF-WAY LEGALLY DESCRIBED AS: RAILROAD ALLEY (KNOWN AS SW 4TH CT.) ADJACENT TO THE WESTERLY BOUNDARY LINE OF BLOCK 3, FIRST ADDITION COLLEGE TRACT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SW 7TH ST. (50 FOOT RIGHT OF WAY); BOUNDED ON THE EAST BY THE EASTERLY LINE OF SAID RAILROAD ALLEY (SW 4TH CT); BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF SW 9TH ST (50 FOOT RIGHT OF WAY); BOUNDED ON THE WEST BY THE WESTERLY LINE OF RAILROAD ALLEY (SW 4TH CT), ALSO BEING THE EASTERLY LINE OF SAID BLOCK 3; 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) Assistant Attorney Payne read the title of the ordinance. Terry Virta, Growth Management Director, explained that this vacation request was continued from previous meetings so that the applicant could meet with Bud Palm, Utilities/Public Works MINUTES CITY OF DANIA BEACH 6 FEBRUARY 23, 1999 f r, r 7 Director, on provisions for easements for City water lines on the property. The meetings have taken place and the concerns have been addressed. However, Mr. Virta advised the applicant of two concerns by the Fire Marshall should the building expansion proceed as follows: • The site is served by a 2" water line and in order to provide adequate fire suppression when the expansion takes place, a minimum 4"to 6"water line would have to be provided; • With SE 4th Court being vacated, improvements would have to be made to provide a cul de sac to 7th and 9th Streets so that fire apparatus could make proper turn-around. Bud Palm, Utilities/Public Works Director, advised that the water line does not go up the alley as was first thought and that the water line would be paid for by the owner and there would be no cost to the city. Commissioner Mikes requested additional landscape buffering in the area opposite the railroad for the benefit of the homeowners in the area. Mr. Virta advised that the railroad property is zoned residential. When the petitioner comes in for site plan approval, they will have to meet the landscaping requirements for separation between Industrial and Residential, unless waiver was granted from the requirements. Assistant Attorney Payne discouraged Commissioner Mikes from placing conditions on a vacation request and recommended waiting for the site plan process to add conditions. She reminded him that the determination at the time of vacation is to determine if the City needs the property for public purpose. Ronald Fontes, petitioner, mentioned his plans for putting up a screening wall along the railroad area and placing trees at each end of 7th and 9`h Street. Mayor Cali opened the public hearing. Hearing no one speak in favor or opposition, Mayor Cali closed the public hearing. Further discussion followed regarding the site plan requirements. Mr. Virta advised that code requires a six-foot masonry wall or solid wood fence 5' off the property line with the intervening footage to be landscaped. Bud Palm assured Commissioner Hyde that the City will not incur cost and that the petitioner will pay the costs for increasing the water line to a minimum 6" or preferably an 8" line. However, he advised that the City would be abandoning the existing sewer line. Commissioner Bertino confirmed with staff that there are no complaints that have been lodged on this vacation request. Commissioner Hyde urged the commission to add the conditions of the landscape screening and wall, as discussed, at the time of site plan approval. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, to adopt the resolution approving the vacation. The motion passed on the following 4/1 roll call vote: MINUTES CITY OF DANIA BEACH 7 FEBRUARY 23, 1999 f h T y 1 F I Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—no Vice-Mayor Etling —yes Mayor Cali-yes 4. SITE PLANS-NONE 5. CITIZENS'COMMENTS:COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT APART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2110)AND FOURTH(4TH)MONDAY OF EACH MONTH.THE CITY MANAGER,OR HIS DESIGNEE WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED,THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING.COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES. 6. EXPENDITURE REQUESTS-NONE 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of Code Enforcement Board's recommendations on abatements. (Vice- Mayor Etling) Vice-Mayor Etling questioned Attorney Payne on whether the Code Enforcement Board is restricted from making recommendations to the commission about partial abatement of liens. Assistant Attorney Payne advised that the Code Board has the flexibility of recommending a partial fine reduction on a lien to the city commission and that Attorney Tim Ryan was going to clarify this issue for the Code Enforcement Board. 7.2 Discussion of City co-sponsoring the Kiwanis Club's Beach Volleyball Tournament. (Vice-Mayor Etling) Vice-Mayor Etling mentioned that the Kiwanis Club raised several thousand dollars during last year's Volleyball Tournament. The proceeds went to the Dania Beach Main Street Program and other Kiwanis Club charities. There has been very good response on the April 17'h tournament and co-sponsorship by the City would require employees from Public Works to close up the parking lot after the event. A motion was made by Commissioner Bertino, seconded by Commissoner Hyde, to co- sponsor the Kiwanis Club Annual Volleyball Tournament on April 17th and the Dania Lions Club One Ton Tug at Dania Beach. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 7.3 Discussion of Change Order#2— Fire Station Renovation. MINUTES CITY OF DANIA BEACH 8 FEBRUARY 23, 1999 f R ' r 7 City Manager Smith advised that some wiring improvements were needed for the renovation project at Fire Station #1 and that Ken Koch, Building Official, and Mike Brown, Deputy Fire Chief, have reviewed the need for the Change Order. In response to Commissioner Mikes, Deputy Chief Brown explained that the built-in desks are needed based upon the size of the rooms. Chief Brown advised that all site work had to be cutout of the original bid to reduce cost of the building. The requested improvements affect the front slab, back slab, and sidewalk out to the driveway for parking purposes. Mr. Koch expected completion of the project by the end of March or beginning April and was confident that there would be no additional change orders. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to adopt the resolution approving Change Order#2 for Fire Station #1 renovations. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 7.4 Discussion of City Election Poll Workers and State Attorney's recent report. (Commissioner Mikes - continued from 2/10/99 Regular Meeting) Commissioner Mikes commented on the City's actions to rotate pollworkers at each municipal election and actions by the Supervisor of Elections Office prohibiting husband and wives from working in the same precinct together. Commissioner Mikes commented on voter fraud allegations from the 1997 General Election and agreed that he was responsible for the rotation of poll workers. For the record, Assistant Attorney Payne read the closeout report dated January 14, 1999, from John Countryman stating no significant evidence of wrong doing in the March 1997 election. 7.5 Discussion of Election literature endorsement claims. (Commissioner Mikes) Commissioner Mikes reported that he is not endorsing any candidate for this election. He cautioned the public about election literature that is being sent out with inaccurate information concerning pension costs for commissioners and the City's lack of assistance in certain senior and children's charities. Commissioner Mikes assured the public that charitable agencies obtain 100% funding. The City donates to the community by waiving housing fees on low-income housing projects and the commission has also given up travel expenses in the past. Further comments involved the commission receiving health insurance and the need for better monitoring of the claims by the Personnel Director to reduce costs. He mentioned the importance of qualified candidates running for public office and encouraged the public to attend the candidate debate scheduled February 25, 1999. 7.6 Discussion of Blue Ribbon Committee staff support. MINUTES CITY OF DANIA BEACH 9 FEBRUARY 23, 1999 f L - , s r, r 7 Commissioner Mikes expressed concern that the project lists being gathered for the bond issue are not including additional costs for staffing some of the proposed facilities. City Manager Smith advised that the Blue Ribbon Committee is receiving input from the community, at this time, and that detail costs will be evaluated once the committee narrows the scope of the projects down to a more manageable list. 7.7 Request for tent approval for Broward County Library— Dania Branch. Cit� Manager Smith advised that the Dania Branch Library is having a book sale on March 13t and that they may need a tent in the parking lot. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to approve the request for a tent for the Broward County Library, Dania Branch, with a waiver of any permit fees for the tent. The motion passed on the following roll call vote: Commissioner Bertino —yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 7.8 Request for waiver of Building Permit fees for Dania Marine Flea Market. Assistant Attorney Payne advised the commission that the terminology "waiver" of permit fees is incorrect in relation to Items 7.7 and 7.8. Attorney Payne suggested that the commission use wording 'contribution or donation" in the amount of the permit fees to the organization because no money actually changes hands. City Manager Smith explained that Al Behrandt, Dania Marine Flea Market, is required to obtain a Special Event Permit from the Building Department in the amount of$1500.00, which includes conditions relating to public safety, traffic and parking on lawns for the event. The blanket permit will cover the tents and facilities being installed by other vendors at the event. Staff is not recommending waiver of the fees. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, approve the item as requested by Dania Marine Flea Market with the proper language being inserted by the city attorney. The motion passed on the following roll call vote: Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes —yes Vice-Mayor Etling —yes Mayor Cali-yes Mr. Behrandt mentioned that exhibit space is available for the City to use at the event. The event will take place April 8 through 11 and operating hours are 9:00 a.m. to 6:00 p.m. Thursday, Friday, Saturday and Sunday 9:00 a.m. to 4:00 p.m. MINUTES CITY OF DANIA BEACH 10 FEBRUARY 23, 1999 f ti-- r 't a Added item — Dania Optimist Club —Commissioner Bertino mentioned that the Dania Optimist Club was unable to put up a sign the Frost Park advertising tee ball sign-up due to restrictions in the Sign Ordinance. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to direct the city attorney and city manager to review the temporary banner section of the Sign Ordinance and work out the problem with the Dania Optimist Club. City Manager Smith advised that the City is abiding by its own sign ordinance because the Parks & Recreation Department is bringing a comprehensive banner program to the commission for approval. The motion passed on the following roll call vote: Commissioner Bertino —yes Commissioner Hyde-yes Commissioner Mikes—yes Vice-Mayor Etling —yes Mayor Cali-yes 8. APPOINTMENTS 8.1 One (1) member appointment needed on the Airport Advisory Board. 8.2 One (1) member appointment needed on BudgetAdvisory Committee. 8.3 One(1) member appointment needed on Community Affairs Board. 8.4 Three (3) member appointments needed on the Economic Development and Downtown Redevelopment Board. 8.5 Two (2) member appointments needed on Marine Advisory Board. 8.6 Two (2) member appointments needed on Occupational License Review Advisory Board. 8.7 Two (2) citizen nominations needed from commission for employees' election to the Civil Service Board. 8.8 One(1) member appointment needed on "Blue Ribbon"General Obligation Bond Advisory Committee. 8.9 One (1) member appointment needed on Parks & Recreation Board. The commission scheduled a special meeting 3/16/99 to follow the Organ izational Meetin to address board a ointments for the Plannin &Zonin Board and Police & Fire Pension Board. Another appointments will be addressed on March 23 1999. 9. ADMINISTRATIVE REPORTS 9.1 City Manager City Manager Smith reminded the commission that on November 10, 1998, the building permit fees were waived for Reliance Housing for an estimated $14,000.00. Mr. Smith explained that more subcontractors (electrical, mechanical, plumbing, roofing) have presented additional building permit fees over and above the general contractor fees. The additional amount is $17,880.00 and Mr. Smith requested clarification from the commission on whether these additional fees were intended as part of the November 10th motion. MINUTES CITY OFDANIABEACH 11 FEBRUARY 23, 1999 r r r 7 Discussion followed on the project being bid by the subcontractors and the subcontractors being aware of the fees. City Manager Smith was directed to obtain more information from Mr. Jackson on the bidding specifications provided to the subcontractors and bring the issue back at the March 23rd regular meeting. City Manager Smith advised that the concept drawings and plans for the Dania Beach gateway sign at Griffin Road and US 1 are available in the commission office. Mr. Smith advised that the issue would be added to the March 23rd agenda. City Manager Smith was pleased to have worked with Commissioner Hyde during his tenure on the commission and wished him well in his future endeavors. 9.2 City Attorney 10. COMMISSION COMMENTS 10.1 Commissioner Bertino City Manager Smith advised Commissioner Bertino that a meeting is scheduled March 4'h with the Hockey Association and Mardie Holloway, Parks & Recreation Department. Staff anticipates the new Roller Hockey Rink to be finished soon at Frost Park. Commissioner Bertino urged the public to vote in the upcoming election and thanked Commissioner Hyde for his efforts on behalf of the City during his commission term. 10.2 Commissioner Hyde Commissioner Hyde mentioned that this meeting is his last meeting as commissioner. He stated that his intentions during his 8 years as commissioner have been for the best interest of the entire City and not just his neighborhood. He has tried to be accessible to the public and refrained from being involved with personal attacks on other commissioners in an effort to maintain dignity on the commission. Commissioner Hyde presented his comments on the following points of interest: • The City's future is in the marina industry and waterway resources; • The FAU/Seatech project was not exactly what everyone wanted, however, the City now has a tremendous facility at the beach, which will provide ocean engineering opportunities; • The Bass Pro Shops project was not easy to attain because the City was in competition with Palm Beach County. The only thing that was waived was some fire fees in order to get the business in Dania Beach; • The IGFA facility will enhance the marina theme of the City and provide an educational source for people to learn about marine life. He mentioned the law enforcement grant funding that has been provided due to the creation of the Marine Advisory Board. • Hollywood-Fort Lauderdale International Airport—Commissioner Hyde reminded the public that he was the swing vote on approving the Airport Interlocal Agreement even though he lives directly under the approach to 9R on 45'h Avenue. He mentioned that the MINUTES CITY OF DANIA BEACH 12 FEBRUARY 23, 1999 r /i- r 7 City must have spent $250,000.00 on attorney fees and that the City would have just continued to lose the fight with Broward County. There were reasonable restrictions added to the agreement to protect residents, the EIS (Environmental Impact Study) must be monitored, and the issue related more to federal approvals and funding than local government control. Property values in the west section have increased so the airport expansion has not affected the neighborhood that much. • Dania Beach Pier—The pier was completed a few years ago but there is a need for the commission to ensure that the bathrooms and needed improvements are finished. • BSO District II-Dania Branch — He reported that Chief Robert Anton lives in the City and provides a good working relationship with the City; • Fire Rescue—The City is very fortunate to have the best in fire rescue and operations have evolved into a one-tier system with transport services to area hospitals. • Elections—The method of elections needs to be addressed to require candidate accountability for a specific seat. He mentioned his intentions to create a possible Ad Hoc committee to review the matter. • Annexation - He urged the commission to conduct a thorough review of the costs surrounding proposed annexation and to be sensitive to the taxpayers due to the special assessment fees implemented for drainage and infrastructure that were not in place ten years ago. Thank you — Commissioner Hyde thanked all the residents, City staff, BSO, Fire Rescue who have been supportive and a special "thank you"to Frank C. Adler. Commissioner Hyde mentioned that his mother could not be here tonight, as she is very active at the Senior Center in Brandon. He thanked his wife, Hope, for her support and input over the years and his father who passed away 27 years ago. 10.3 Commissioner Mikes Commissioner Mikes commented on the difficulties that Commissioner Hyde had when he ran for office in 1991 due to the question on his residency when the area had only been annexed in January of that year. Commissioner Mikes thought that employees who work for the City should live in the City due to the fact that Dania Beach is smaller than most of the surrounding communities. He commented on the need for candidates to be qualified because of the complicated issues being heard at the commission level and the need for commissioners to reflect the values of the people of the City and not the values of the special interest groups who contribute to campaigns. 10.4 Vice•MayorEding Vice-Mayor Etling reported that Michael Garrett was hired as Program Manager for the Mainstreet Program and congratulated the Chamber of Commerce on the success of the Second Annual Barbecue held at the American Maritime Officers School. Vice-Mayor Etling notified the public of Candidates night— February 25, 1999, at 7:00 p.m. at City Hall Chamber. MINUTES CITY OF DANIA BEACH 13 FEBRUARY 23, 1999 f Y 7 r 7 Vice-Mayor Etling encouraged people to vote in the upcoming election and thanked the commission and voters for their support as vice-mayor. Mayor Cali was commended for his professional actions on behalf of the City over this past year and good luck was extended to Commissioner Bertino in the March 9th election. Vice-Mayor Etling mentioned that he started his political career when Commissioner Hyde appointed him to the Planning & Zoning Board, Vice-Mayor Etling commended Commissioner Hyde for his involvement in many projects that are an asset to the City and expressed his sorrow that he is not continuing to serve. 10.5 Mayor Cali Mayor Cali commended Commissioner Hyde for his honesty and wished him well in the future. Mayor Cali mentioned that this is his last meeting as mayor and was pleased to say that things are much better in the City than they were a year ago. In addition to the many positive projects that have been mentioned, he was especially proud of the people who were assisted with the Victory Villas and Collins Elementary School restoration projects. He expressed his appreciation to the city manager, deputy city clerk, and city attorney for their assistance over the past year and commended Marie Jabalee and staff in the Finance Department for the awards received from the Florida Government Finance Officers Association. Mayor Cali acknowledged his parents in the audience and thanked them for their support. This meeting adjourned at 10:00 p.m. i is 'L'✓ i COMMISSIONER SHERYL CHAFtIMAN ACTING CITY CLERK MINUTES CITY OF DANIA BEACH 14 FEBRUARY 23, 1999 i it-- r, MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1999 CALL TO ORDER BYMAYOR CALI AT 7.30 P.M. INVOCATION - Richard Austin, First Baptist Church of Dania PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor: Jim Cali Vice-Mayor: John Etling Commissioners: John Bertino Bill Hyde Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Saltalamacchia PRESENTATIONS: 1. Resolution recognizing Kenneth Palmer. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMENDING KENNETH PALMER FOR HIS HEROIC ACTIONS IN SAVING THE LIFE OF A MOTORIST TRAPPED IN A BURNING VEHICLE;AND PROVIDING FOR AN EFFECTIVE DATE, MR. PALMER WAS PRESENTED A FRAMED RESOLUTION AND ADDITIONAL COMMENTS WERE PRESENTED ON HIS BRAVERY. MOTION ADOPTING THE RESOLUTION PASSED UNANIMOUSLY. 2. City presentation to BSO on reducing crime raie. THE COMMISSION PRESENTED CHIEF ANTON AND HIS STAFF WITH A PLAQUE. 3. Dania Jai Alai presenting funds for FAU Scholarship fund. STEPHEN SNYDER, DANIA JAI ALAI, PRESENTED THE CITY WITH A CHECK FOR THE FAU SCHOLARSHIP FUND. MINUTES SUMMARY CITY OF DANIA BEACH 1 FEBRUARY 23, 1999 f It—. 4. Florida Inland Navigation District- Presentation of Grant Reimbursement LARRY LOCKER FIND PRESENTED THE CITY WITH TWO CHECKS 135 206.92 AND$51 750 001 FOR rizeuT REIMBURSEMENT FOR DREDGING OF THE DANIA CUT•OF�A� PROCLAMATIONS-NONE 1• CONSENTAGENDA Bills: 1.1 Approval of bills for the month of November 1998. Minutes: 1.2 Approval Of minutes Of March 10, 1998, Regular Meeting. 1.3 Approval Of minutes of February 24, 1998, Regular Meeting. Resolutions: 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, SOUTH FLORIDA TROLLEY COMPANY, INC.,AND SOUTH FLORIDA TOURISM COUNCIL, INC., FOR SERVICES RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE; 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." CAD001.99—CITY MANAGER 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, AND THE CITY OF DANIA BEACH, FLORIDA, RELATIVE TO THE DANIA BEACH MAIN STREET PROGRAM PROJECT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." CAD 002.99-CITY MANAGER Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.6 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APROVING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; FURTHER, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR AN EFFECTIVE DATE." CAD 003.99-ADMINISTRATIVE SERVICES MOTION APPROVING THE CONSENT AGENDA PASSED ON A UNANIMOUS ROLL CALL VOTE. MINUTES SUMMARY CITY OF DANIA BEACH 2 FEBRUARY 23, 1999 f I r, P 7 i v r 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 LU-03-99 — "AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 9.913 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 691 FEET WEST OF SE 5TH AVENUE IN THE CITY OF DANIA BEACH CONTAINING THE FOLLOWING DESCRIBED: ALL OF TRACT "A" OF SWEDE LAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148, PAGE 14, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; IN ORDER TO ALLOCATE 240 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." (Second Reading of Ordinance) (Staff) CAD 004.99—GROWTH MANAGEMENT MOTION ADOPTING ORDINANCE ON SECOND READING (LU-03-99) PASSED ON A UNANIMOUS ROLL CALL VOTE. 3.2 "AN ORDINANCE PERTAINING TO THE SUBJECT OF SIGNS; AMENDING ARTICLE 2, SECTION 2.10 OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO PROVIDE ADDITIONAL DEFINITIONS AND AMENDING ARTICLE 27, ENTITLED "SIGNS", OF CHAPTER 28; TO ADD NEW PROHIBITED SIGNS; TO REVISE PROVISIONS PERTAINING TO SIGN ADJUSTMENTS AND VARIANCES; TO REVISE PROVISIONS RELATING TO WALL SIGNS AND TO REAL ESTATE ADVERTISING SIGNS AND TO ALLOW FOR ENTRYWAY SIGNS FOR CERTAIN DEVELOPMENTS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) (Staff) CAD 005.99—GROWTH MANAGEMENT MOTION ADOPTING ORDINANCE ON SECOND READING PASSED ON A UNANIMOUS ROLL CALL VOTE. 3.3 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "CLEM 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 "CLEM PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) CAD 006.99—GROWTH MANAGEMENT MOTION ADOPTING ORDINANCE ON SECOND READING PASSED ON A UNANIMOUS ROLL CALL VOTE. MINUTES SUMMARY CITY OF DANIA BEACH 3 FEBRUARY 23, 1999 f r _t / (CONTINUED FROM 01/26/99 REGULAR MEETING) 3.4 VC-60-98—Material Handling Systems, Petitioner requesting vacation of the SW 41h Court right-of-way. i "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: RAILROAD ALLEY (KNOWN AS SW 4TH CT.) ADJACENT TO THE WESTERLY BOUNDARY LINE OF BLOCK 3, FIRST ADDITION COLLEGE TRACT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SW 7TH ST. (50 FOOT RIGHT OF WAY); BOUNDED ON THE EAST BY THE EASTERLY LINE OF SAID RAILROAD ALLEY (SW 4TH CT); BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF SW 9TH ST (50 FOOT RIGHT OF WAY); BOUNDED ON THE WEST BY THE WESTERLY LINE OF RAILROAD ALLEY (SW 4TH CT), ALSO BEING THE EASTERLY LINE OF SAID BLOCK 3; 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) MR 003.99—GROWTH MANAGEMENT MOTION ADOPTING RESOLUTION (VC-60.98) PASSED ON THE FOLLOWING 4/1 ROLL CALL VOTE, Commissioner Bertino—yes Commissioner Hyde-yes Commissioner Mikes—no Vice-Mayor Etling—yes Mayor Cali-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-NONE 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of Code Enforcement Board's recommendations on abatements. (Vice-Mayor Etling) VICE-MAYOR ETLING CLARIFIED WITH ATTORNEY PAYNE THAT THE CODE ENFORCEMENT BOARD CAN RECOMMEND PARTIAL ABATEMENTS ON CODE ENFORCEMENT LIENS. MINUTES SUMMARY CITY OF DANIA BEACH 4 FEBRUARY 23, 1999 t r y 7.2 Discussion of City co-sponsoring the Kiwanis Club's Beach Volleyball Tournament. (Vice-Mayor Etling) CAD 007.99-PARKS & RECREATION MOTION APPROVING KIWANIS CLUB'S BEACH VOLLEYBALL TOURNAMENT ON APRIL 17 1999 AND DANIA LIONS CLUB ONE TON TUG (DATE TO BE DETERMINED) AT THE BEACH PASSED UNANIMOUSLY. 7.3 Discussion of Change Order#2- Fire Station Renovation. CAD 000.99-GROWTH MANAGEMENT MOTION ADOPTING RESOLUTION APPROVING CHANGE ORDER#2 WITH COASTAL CONTRACTING & DEVELOPMENT PASSED UNANIMOUSLY. 7.4 Discussion of City Election Poll Workers and State Attorney's recent report. (Commissioner Mikes - continued from 2/10/99 Regular Meeting) COMMISSIONER MIKES COMMENTED ON ACTIONS TAKEN BY THE CITY COMMISSION AND BROWARD COUNTY, SUPERVISOR OF ELECTIONS OFFICE, TO RESTRICT HUSBAND AND WIVES FROM WORKING IN THE SAME PRECINCT DURING ELECTIONS AND RECENT ROTATION OF POLL WORKERS. ATTORNEY PAYNE READ INTO THE RECORD THE CLOSEOUT REPORT SUBMITTED BY JOHN E. COUNTRYMAN CONFIRMING THAT THERE WAS INSUFFICIENT EVIDENCE OF WRONGDOING IN CONNECTION WITH THE MARCH 11, 1997 CITY ELECTION TO WARRANT FURTHER INQUIRY. 7.5 Discussion of Election literature endorsement claims. (Commissioner Mikes) COMMISSIONER MIKES STATED THAT HE HAS NOT ENDORSED ANY CANDIDATE FOR THIS ELECTION AND THAT THERE ARE INACCURACIES IN SOME OF THE ELECTION MATERIALS BEING DISTRIBUTED TO VOTERS. 7.6 Blue Ribbon Committee staff support. COMMISSIONER MIKES MENTIONED THE NEED FOR STAFFING AND INSURANCE COSTS TO BE INCLUDED INTO THE PROJECTS BEING PROPOSED BY THE BLUE RIBBON COMMITTEE. CITY MANAGER SMITH EXPLAINED THAT THE BOARD IS IN THE PUBLIC INPUT PHASE OF THIS PROJECT RIGHT NOW AND THAT ALL COSTS WILL.BE EVALUATED ONCE THE BOARD NARROWS THE LIST OF PROJECTS TO BE PURSUED IN THE BOND ISSUE. 7.7 Request for tent approval for Broward County Library-Dania Branch. MOTION APPROVING TENT FOR BROWARD COUNTY LIBRARY-DANIA BRANCH FOR BOOK SALE ON MARCH 13,WITH THE CITY'S DONATION OF THE AMOUNT REQUIRED FOR PERMIT FEES, PASSED UNANIMOUSLY. MINUTES SUMMARY CITY OF DANIA BEACH 6 FEBRUARY 23, 1999 f ;t_ 7 7.8 Request for waiver of Building Permit fees for Dania Marine Flea Market. CITY MANAGER SMITH ADVISED THAT THE DANIA MARINE FLEA MARKET IS REQUIRED TO PAY A SPECIAL EVENTS PERMIT COVERING CONDITIONS RELATING T%or,I ts"; SAFETY TRAFFIC AND PARKING CONTROL. MOTION DONATING THE AMOUNT REQUIRED FOR TENT PERMIT FEES PASSED UNANIMOUSLY. ADDED ITEM CAD 009.99—GROWTH MANAGEMENT MOTION DIRECTING CITY MANAGER SMITH AND CITY ATTORNEY PAYNE TO REVIEW THE TEMPORARY BANNER SECTION OF THE SIGN CODE TO WORK OUT A WAY FOR THE DANIA OPTIMIST CLUB TO ADVERTISE TEE BALL SIGN- UP PASSED UNANIMOUSLY. 8. APPOINTMENTS - COMMISSION SCHEDULED A SPECIAL MEETING FOLLOWING THE ORGANIZATIONAL BOARD APPOINTMENTS.MEETING ON MARCH 16 1999 TO ADDRESS NEEDED 9. ADMINISTRATIVE REPORTS 9.1 City Manager DISCUSSION ON RELIANCE HOUSING REQUEST FOR AN ADDITIONAL $17,000.00 DONATION OF PERMIT FEES WAS CONTINUED TO MARL REGULAR MEETING FOR FURTHER CLARIFICATION. H 23 1999 IN ACCORDANCE WITH THE AIRPORT INTERLOCAL AGREEMENT CONCEPT DRAWINGS OF GRIFFIN ROAD/U.S. 1 IMPROVEMENTS AWSTEDCVVWIbblUN LE FOR REVIEW IN THE COMMISSION ROOM. CITY MANAGER INPUT AT THE MARCH 23 9.2 CityAtt0rney-NO COMMENTS 10. COMMISSION COMMENTS THE CITY COMMISSION COMMENDED BILL HYDE FOR HIS EFFORTS ON BEHALF OF THE CITY OVER THE PAST 8 YEARS AND WISHED HIM WELL IN HIS NEW EN_ DEAVORS. THIS MEETING ADJOURNED AT 10:00 P.M. MINUTES SUMMARY CITY OF DANIA BEACH 6 FEBRUARY 23, 1999 F. i -t I AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1999 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COM SSION WITH MI 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 MARIE JABALEE, CITY CLERK, 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 - Richard Austin, First Baptist Church of Dania PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS: 1. Resolution recognizing Kenneth Palmer. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMENDING KENNETH PALMER FOR HIS HEROIC ACTIONS IN SAVING THE LIFE OF A MOTORIST TRAPPED IN A BURNING VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE. 2. City presentation to BSO on reducing crime rate. 3. Dania Jai Alai presenting funds for FAU Scholarship fund. 4. Florida Inland Navigation District- Presentation of Grant Reimbursement PROCLAMATIONS-NONE 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of November 1998. Minutes: 1.2 Approval of minutes of March 10, 1998, Regular Meeting, AGENDA CITY OF DANIA BEACH 1 FEBRUARY 23, 1999 t- t L - t, r 7 r 1.3 Approval of minutes of February 24, 1998, Regular Meeting. Resolutions: 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, SOUTH FLORIDA TROLLEY COMPANY, INC., AND SOUTH FLORIDA TOURISM COUNCIL, INC., FOR SERVICES RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, AND THE CITY OF DANIA BEACH, FLORIDA, RELATIVE TO THE DANIA BEACH MAIN STREET PROGRAM PROJECT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.6 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; FURTHER, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR AN EFFECTIVE DATE." 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 LU-03-99 — "AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 9.913 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 691 FEET WEST OF SE 5TH AVENUE IN THE CITY OF DANIA BEACH CONTAINING THE FOLLOWING DESCRIBED: ALL OF TRACT "A" OF SWEDE LAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148, PAGE 14, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; IN ORDER TO ALLOCATE 240 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." (Second Reading of Ordinance) (Staff) 3.2 "AN ORDINANCE PERTAINING TO THE SUBJECT OF SIGNS; AMENDING ARTICLE 2, SECTION 2.10 OF CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO PROVIDE ADDITIONAL DEFINITIONS AND AMENDING ARTICLE 27, ENTITLED AGENDA CITY OF DANIA BEACH 2 FEBRUARY 23, 1999 f Ilk r r 7 "SIGNS", OF CHAPTER 28; TO ADD NEW PROHIBITED SIGNS; TO REVISE PROVISIONS PERTAINING TO SIGN ADJUSTMENTS AND VARIANCES; TO REVISE PROVISIONS RELATING TO WALL SIGNS AND TO REAL ESTATE ADVERTISING SIGNS AND TO ALLOW FOR ENTRYWAY SIGNS FOR CERTAIN DEVELOPMENTS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) (Staff) 3.3 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "CLEM 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 "CLEM PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) (CONTINUED FROM 01/26/99 REGULAR MEETING) 3.4 VC-60-98—Material Handling Systems, Petitioner requesting vacation of the SW 4" Court right-of-way. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: RAILROAD ALLEY (KNOWN AS SW 4TH CT.) ADJACENT TO THE WESTERLY BOUNDARY LINE OF BLOCK 3, FIRST ADDITION COLLEGE TRACT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SW 7TH ST. (50 FOOT RIGHT OF WAY); BOUNDED ON THE EAST BY THE EASTERLY LINE OF SAID RAILROAD ALLEY (SW 4TH CT); BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF SW 9TH ST (50 FOOT RIGHT OF WAY); BOUNDED ON THE WEST BY THE WESTERLY LINE OF RAILROAD ALLEY (SW 4TH CT), ALSO BEING THE EASTERLY LINE OF SAID BLOCK 3; 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) 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-NONE 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of Code Enforcement Board's recommendations on abatements. (Vice-Mayor Etling) AGENDA CITY OF DANIA BEACH 3 FEBRUARY 23, 1999 f L. IZ— s r, r -1 7.2 Discussion of City co-sponsoring the Kiwanis Club's Beach Volleyball Tournament. (Vice-Mayor Etling) 7.3 Discussion of Change Order#2 — Fire Station Renovation. 7.4 Discussion of City Election Poll Workers and State Attorney's recent report. (Commissioner Mikes -continued from 2/10/99 Regular Meeting) 8. APPOINTMENTS 8.1 One(1) member appointment needed on the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE AIRPORT ADVISORY BOARD TO SERVE UNTIL SUCH MEMBER'S TERM EXPIRES (AT 12:00 NOON, MARCH 16, 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." 8.2 One(1) member appointment needed 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 16, 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." 8.3 One(1) member appointment needed on Community Affairs Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE COMMUNITY AFFAIRS BOARD TO SERVE UNTIL SUCH MEMBER'S TERM EXPIRES (AT 12:00 NOON, MARCH 16, 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." 8.4 Three(3) member appointments needed on the Economic Development and Downtown Redevelopment Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERS TO THE ECONOMIC DEVELOPMENT AND DOWNTOWN REDEVELOPMENT BOARD TO SERVE UNTIL SUCH MEMBERS' TERMS EXPIRE (AT 12:00 NOON, MARCH 16, 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." 8.5 Two(2)member appointments needed 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 16, 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." 8.6 Two(2) member appointments needed on Occupational License Review Advisory Board. AGENDA CITY OF DANIA BEACH 4 FEBRUARY 23, 1999 f h r 1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD TO SERVE UNTIL SUCH MEMBERS' TERMS EXPIRE (AT 12:00 NOON, MARCH 16, 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." 8.7 Two(2) citizen nominations needed from commission for employees,election to the Civil Service Board. 8.8 One(1) member appointment needed on "Blue Ribbon" General Obligation Bond Advisory Committee. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "BLUE RIBBON" GENERAL OBLIGATION BOND ADVISORY COMMITTEE TO SERVE UNTIL MARCH 31, 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." 8.9 One(1)member appointment needed on Parks & Recreation Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE PARKS & RECREATION BOARD TO SERVE UNTIL SUCH MEMBER'S TERM EXPIRES (AT 12:00 NOON, MARCH 16, 1999); 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 Bertino 10.2 Commissioner Hyde 10.3 Commissioner Mikes 10.4 Vice-Mayor Etling 10.5 Mayor Cali AGENDA FEBRUARY 23, 1999 CITY OF DANIA BEACH 5 f h T I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1999 CONSENTAGENDA: 1.7 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVIING THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND L. SCOTT ULIN, M.D.; AND PROVIDING FOR AN EFFECTIVE DATE."(STAFF) DISCUSSION AND POSSIBLE ACTION: 7.5 Discussion of Election literature endorsement claims. (Commissioner Mikes) 7.6 Blue Ribbon Committee staff report. 7.7 Request for tent approval for Broward County Library—Dania Branch. 7.8 Request for waiver of Building Permit fees for Dania Marine Flea Market. f d