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HomeMy WebLinkAboutNULL (433) Fib. , I q 9 q r 7 t � r MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 10, 1999 CALL TO ORDER BY MAYOR CALI AT 7:30 P.M. INVOCATION - Reverend Margaret Smart, Dania United Methodist Church 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. Zackery Basco, Advanced Computer Specialists, advised of his company's desire to donate computers and train people in the use of computers in the Ice Cube Program and that his intention was to encourage other companies to donate computers for the program. 2. BSO—"Deputy of the Month" awards — Detectives: Heriberto Granado Cynthia Adamsky Louis Bautista Chief Anton advised that these three detectives were very active in 1998 in the Criminal Investigations Division for property crimes. He reported that burglary clearance rates increased by 52.1% and larceny rates increased by 57% during 1997. He stated that District II CIU began 1999 with the same type of success realized in 1998. He specifically mentioned that 32 cases were cleared by arrest in January 1999, that the overall clearance rate was 56% during January and, in addition, the unit recovered almost$50,000.00 worth of stolen property. 3. Acceptance of Certification of Primary Election results from the Broward County Canvassing Board. A motion was made by Vice-Mayor Etling, seconded by Commissioner Hyde, accepting the Certification of Primary Election results from the Broward County Canvassing Board. MINUTES- CITY OF DANIA BEACH 1 FEBRUARY 10, 1999 rt�--. r 7 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 ITEM 1.7 WAS PULLED FROM THE CONSENT AGENDA: 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of October 1998. Minutes: 1.2 Approval of minutes of March 24, 1998, Regular Meeting. Resolutions: 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION FOR THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND BROWARD COUNTY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE." 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING CONSULTANT SERVICES FROM HARTMAN & ASSOCIATES, INC. RELATING TO THE NORTHWEST SIDEWALK IMPROVEMENTS, UNDER THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING THAT SAID SERVICES SHALL NOT EXCEED TWENTY-ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($21,360.00); PROVIDING THAT ALL RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ENDORSING THE $139.900,000.00 BROWARD COUNTY GENERAL BOND ISSUE TO BE PLACED ON THE MARCH 1999 BALLOT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTION TO CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE." 1.8 "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." MINUTES-CITY OF DANIA BEACH 2 FEBRUARY 10, 1999 t e-- r. i- / City Attorney Ansbro read the title of the ordinance for Item 1.8. A motion was made by Vice-Mayor Etling, seconded by Commissioner Hyde, approving the Consent Agenda with the exception of Item 1.7. 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 ITEM PULLED FROM THE CONSENT AGENDA: 1.7 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF M-4 (INDUSTRIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the ordinance. Commissioner Mikes asked staff to explain the request and the reason for recommending denial. Terry Virta, Growth Management Director, advised that this project was originally proposed and submitted as a site plan approval. However, staff and the Planning &Zoning Board took the position that the project could not be considered for only a site plan approval because the use was not allowed in the M-3 zoning district. The petitioner 's now requesting rezoning of the property from M-3 to M-4. He explained that the operation involves the clean up of contaminants from oil spills that have leaked out onto the ground, the material is then brought back to the site and an initial process of water removal is undertaken to separate the oil and water; the remaining oil material is taken elsewhere for final handling. The Broward County Zoning code allows the use of oil recycling in the M-4 zoning classification. Staff was concerned with the heavy industrial nature of the M-4 zoning, which provides for a host of uses that the City would not want on the site. The Planning & Zoning Board agreed to approve the use with the understanding that it would be in conjunction with a restrictive protective covenant on the property limiting uses to oil reclamation and freight yard/classification yard uses. Commissioner Mikes explained that this property was brought into the City under the Airport Agreement when the City gave up 100+ acres of developmental property and the County exchanged a number of parcels with the City for a loss in tax base. The majority of the Parcels involve abandoned tank farms that were converted into parking lots. He asked whether there would be a major ad valorem tax base on this property. Mr. Virta advised that there would be some maintenance facilities for the vehicles used by the company and some assorted tanks and equipment. MINUTES-CITY OF DANIA BEACH 3 FEBRUARY 10, 1999 1 a r, T 7 I' Commissioner Mikes was concerned that this type of facility would create a pollution problem in the City. City Manager Smith advised that the Planning & Zoning Board recommended approval of the Site Plan with conditions, however, staff was not recommending approval of the Site Plan. City Attorney Ansbro advised that the petitioner represented that they would only operate under oil reclamation and freight yard/classification yard uses on the site. Commissioner Hyde commended Cliff Berry for doing good work, but was concerned with what might happen if the property changed hands. Neal Janov, on behalf of Cliff Berry, advised that his firm prepared the Site Plan for the project. Mr. Janov suggested the possibility of amending the ordinance, prior to second reading, by including the requirement that the two classifications permitted by the ordinance would only be allowed on the land for the present owners, or heirs, i.e., Mr. Berry or his son. Mr. Janov stated that the lands that were part of the land swap and annexed into Dania Beach lying within the Port Everglades district were supposed to maintain the Port Everglades Authority zoning classification, however, that did not happen for this particular property, which is the reason for the rezoning request. Commissioner Bertino requested a legal opinion from Attorney Ansbro on whether the property was taken into the City improperly and if the City is within its rights. City Attorney Ansbro advised that the petitioners agreed that their property was located within the City of Dania Beach, that they are subject to the City's requirements and are not contesting the issue. City Attorney Ansbro advised that the City Commission should evaluate the recommendation of staff and the advice of the Planning & Zoning Board and the decision must be supported by the evidence presented. If the rezoning request is not granted, the proposed use would not be allowed and a variance could not be obtained. Commissioner Mikes urged the City Commission to realize that the City needs higher quality development and that the City is not obligated to approve this rezoning since the petitioner had an appropriate land use and a number of uses under the M-3 zoning category. Mr. Janov explained that the current use of the land is an open storage yard with no operations at this time. The land is an open vacant piece of property, owned by Mr. Berry and platted in Broward County in 1995, prior to the annexation. Cliff Berry currently operates an oil recycling facility in Port Everglades and has a need to relocate and expand the business. In regards to the current site, Mr. Janov advised that there is a tank farm immediately to the northeast, a palm tree farm immediately to the west, a tank farm to the north and warehouses to the south. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to deny adoption of the ordinance. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—yes Commissioner Hyde -yes Commissioner Mikes -yes Vice-Mayor Etling -yes Mayor Cali — no MINUTES•CITY OF DANIA BEACH 4 FEBRUARY 10, 1999 f r, 1' _I l ITEM 7.3 WAS HEARD AFTER 1.7. 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 VA-04-99—"A RESOLUTION APPROVING A VARIANCE REQUEST BY THE GRAVES MUSEUM OF ARCHAEOLOGY AND NATURAL HISTORY, INC., FROM CHAPTER 28. ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 481 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." City Attorney Ansbro read the title of the resolution and advised that this was a quasi- judicial hearing and asked that any disclosures be made. No disclosures were submitted. Terry Virta, Growth Management Director, advised that the Graves Museum would be renovating the second floor to provide for additional display space, which would require 15 additional parking spaces. The variance request is to waive the addition of the 15 additional parking spaces. Mr. Virta advised that staff and the Planning & Zoning Board recommended approval of the variance request. Mayor Cali opened the public hearing. No one spoke in favor or opposition of the variance request and the Mayor closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to approve VA-04-99, with the following conditions: (1) all buses shall be prohibited from idling engines in the parking lot, (2) 10 additional trees be planted, (3) the Site Plan be reviewed with the understanding that the City will require additional landscape buffering, which may exceed code requirements, to protect the adjoining residential community, (4) that all code violations be corrected prior to the start of any 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 3.2 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." (First Reading of Ordinance) MINUTES- CITY OF DANIA BEACH 5 FEBRUARY 10, 1999 _f s r -r City Attorney Ansbro read the title of the ordinance. He advised that this was a quasi- judicial hearing and asked that all disclosures be presented. Terry Virta was sworn in by City Attorney Ansbro. Vice-Mayor Etling advised that he had spoken with Mr. Guthard with regard to this project. Mayor Cali advised that he had a brief conversation with Mr. Guthard regarding the nature of this request. Terry Virta advised that the request was for a small area amendment to the City's Comprehensive Plan. He explained that a small area amendment would consist of parcels of land that are less than 10 acres and the size of the property in question is 9.913 acres. He also advised that the property was located on Sheridan Street, immediately west of the Publix shopping center. He explained that the nature of the request is to allow the development of a multi-family project consisting of 240 units. The applicant is seeking approval to change the City's Comprehensive Plan but to utilize flexibility units so that the County's Land Use Plan would not have to be amended. Staff has no objections to the project, but is concerned with the number of units that will be taken away from the City's available flex units of 712. Kevin Guthard was sworn in by City Attorney Ansbro. Mr. Guthard explained that in putting the project together, flex units became a necessity because of timing and the logistics of the project. He stated that the development would be self-sufficient, self contained, secured, gated with a private road, would not require a lot of City services and would increase the tax base of the City. Shelly Eichner, Calvin, Giordano &Associates, explained that the request was for a small scale local land use plan amendment to change 9.9 acres from commercial zoning to medium-high residential zoning with the application of flex units. She advised that the project was ready to go, the Site Plan was ready to be submitted, and that her client was ready to begin building, therefore, time is of the essence. She agreed that they did have the option of requesting a County-wide plan amendment, however the process would take approximately six months. She strongly urged the City Commission to approve the request. Mayor Cali opened the public hearing. No one spoke in favor or opposition of this request and the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, adopting the Ordinance (LU-03-99) on first 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 MINUTES- CITY OF DANIA BEACH 6 FEBRUARY 10, 1999 a- J 4�- s 7 F " 3.3 "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." (First Reading of Ordinance) (Staff) City Attorney Ansbro read the title of the ordinance. Terry Virta advised that shortly after the adoption of the new Sign Ordinance, Commissioner Etling proposed, and the Commission agreed, that an amendment be prepared. Mr. Virta explained that two definitions had been added; one for projecting pole sign and the other for residential multi-unit complexes or communities. The draft ordinance also provides some guidance as to the size of leasing signs in relation to the amount of the project available for lease and the frontage of the property. An amendment was also made to the downtown sign regulations providing a wall sign standard that is comparable to that allowed city-wide. Mr. Virta reported that the Planning and Zoning Board recommended approval of the additions and amendments. Mayor Cali opened the public hearing. No one spoke in favor or opposition and the Mayor closed the public hearing. A motion was made by Vice-Mayor Etling, seconded by Comm ssioner Bertino, to amend the proposed ordinance by changing the wording in Sect,m 4, Subsection 2 on Page 2 as follows: "2. Wall signs: One wall sign per entryway on a perimeter wall when the height of the complex wall bearing the sign has a minimum street frontage of three hundred (300) feet,......; by changing Section 5, Subsection 1 on Page 3 as follows: "However, a second sign shall only be permitted if the frontage on the rights-of- way are at least three hundred (300) feet or more in width."; and by changing Section 5, Subsection 1, Paragraph 2 on Page 3 as follows: "However, a second sign shall also be permitted if the frontage on the rights-of-way are at least one hundred (100) feet wide." The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde-yes Commissioner Mikes (out of room) Vice-Mayor Etling - yes Mayor Cali -yes A motion was made by Vice-Mayor Etling, seconded by Commissioner Bertino, to adopt the ordinance, on first reading, as amended. The motion passed on the following roll call vote: Commissioner Bertino -yes Commissioner Hyde -yes Commissioner Mikes (out of room) Vice-Mayor Etling - yes Mayor Cali - yes MINUTES• CITY OF DANIA BEACH 7 FEBRUARY 10, 1999 f f r, ' r 7 4. SITE PLANS 4.1 PLANSREQUEESTOF THE CITY OF SUBMITT D BYDANIA BEACH,SMAS CHARITIES, INCPROVRNPROPERTY LOCATED AT 141 NW 1ST AVENUE, A/K/A HOTEL POINCIANA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION C CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Continued froml 26/99Regular Meeting) g) City Attorney Ansbro read the title of the resolution. Emerson Allsworth, Dismas Charities, Inc., was present to request Site Plan approval. He advised that a letter had been submitted to Terry Virta stating that the out-parcel (the lot to the east) would be removed from the Site Plan. He also advised that Dismas Charities, Inc. had conveyed the out-parcel to a separate corporation under the name of Dismas Charities Properties, Inc. He stated that the Site Plan had a comprehensive drainage plan and that it exceeds the City's landscape and parking requirements. He reminded the City Commission that staff and the Planning & Zoning Board recommended approval of the Site Plan. Commissioner Mikes was concerned about some of the trees that needed to be replaced on the site. Mr. Allsworth agreed to abide by the opinion of an independent tree consultant should any of the existing trees need to be replaced. In response to Commissioner Mikes, Mr. Allsworth stated that there would be no more than 80 non-violent inmates residing at this facility and that the average stay would be 89 days. Ray Weiss, President of Dismas Charities, Inc., stated that he would have no objection to a condition being placed on the Site Plan that no more than 80 non-violent inmates could be housed at the facility at one time. He also stated that the inmates were sent to the facility through the Bureau of Prisons. Commissioner Bertino asked if the court order specified clients from the Bureau of Prisons, prison-release people, any specific class, group or category of people. Emerson Allsworth stated that he would provide a certified copy of the court order to the City Clerk within 48 hours in order to clear up any questions. Commissioner Bertino asked City Attorney Ansbro if the City could request that the Bureau of Prisons file their inspection reports with the City Clerk. City Attorney Ansbro felt that it was unlikely but that he would check into it. Bertino,In response to Commissioner projectt was more han adequate toac ommodate the staff that nd clientele.parking for the the allotted A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, to adopt the resolution approving the Site Plan for Dismas Charities, Inc. MINUTES-CITY OF DANlA BEACH g FEBRUARY 10, 1999 i - T` r, r 7 F Due to many concerns from citizens about the safety and efficiency of this operation, Vice-Mayor Etling stated that he had contacted a national social service agency in Louisville, Kentucky, who obtained high recommendations from a half a dozen contacts in the Louisville area about Dismas Charities. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde -yes Commissioner Mikes (out of room) Vice-Mayor Etling - yes Mayor Cali -yes 4.2 SP-06-99 - "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CHARLES M. KELSEY III, VICE PRESIDENT OF PORT 5, LTD., FOR PROPERTY WHICH IS LOCATED TO THE SOUTH OF 2150 NE 7TH AVENUE, ALSO KNOWN AS PARCEL "B" OF THE "NISA PLAT", DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." City Attorney Ansbro read the title of the resolution. Terry Virta explained that the Site Plan fully complies with the City requirements with one exception; the interior court area which would be utilized by semi-trucks to pick-up and deliver materials would be considered a vehicle use area and the code requires that landscaping be included in that area. The applicant has relocated the interior landscaping to the exterior of the site and added it to the buffering. The Planning & Zoning Board recommended approval of the Site Plan with the relocation of landscaping from the interior area to the exterior of the site. Commissioner Mikes felt that the project would be a first class project for the land use area and very positive for the City's tax base. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Etling to adopt the resolution approving the Site Plan for Charles M. Kelsey III, Vice-President of Port 5 Ltd. 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 5. CITIZENS' COMMENTS- NONE 6. EXPENDITURE REQUESTS-NONE 7. DISCUSSION AND POSSIBLE ACTION MINUTES- CITY OF DANIA BEACH 9 FEBRUARY 10, 1999 f ' r 7 7.1 Mark Charles Held, 257 SW 7 Street, requests reconsideration of his abatement of CEB98-0103. Mark Held was present to request abatement of the fine on his property. Ken Koch, Building Official, stated that compliance was not met with regard to obtaining a final inspection on the installation of a fence prior to the expiration of the permit. Staff and the Code Enforcement Board recommended denial of the abatement. A motion was made by Commissioner Mikes, seconded by Commissioner Hyde, to reduce the fine associated with CEB98-0103 to $350.00. The motion failed on the following 2/3 roll call vote: Commissioner Bertino - no Commissioner Hyde -yes Commissioner Mikes - yes Vice-Mayor Etling - no Mayor Cali - no ITEM 7.6 WAS HEARD AFTER ITEM 7.1 ITEM 7.2 WAS HEARD AFTER ITEM 7.6 7.2 Discussion of United Way of Broward County's Pacesetter Organization Agreement. Mayor Cali explained that this year's United Way goal for the City of Dania Beach is $3,589; that it was only a target, not a guarantee; nor is there any requirement on employees or members to contribute. He felt that the City should approve the agreement as a way of saying thank you for the effort put forth at the Day of Caring Project at Collins Elementary held in October of 1998. Mayor Cali reported that the landscaping enhancements for the project totaled approximately$80,000. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to approve the Pacesetter Organization Agreement. 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 Request for$15,000.00 in funding by Marina Mile Association for State Road 84 beautification project. Margaret Croxton and Bill Bigger requested funding in the amount of$15,000 for the beautification of State Road 84. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Etling, to approve funding in the amount of$15,000, to be taken from the contingency fund, with the understanding that the city logos of Dania Beach, Davie, Ft. Lauderdale and Hollywood be displayed on the buoys in rows of two rather than a circular direction. The motion passed on the following roll call vote: MINUTES- CITY OF DANIA BEACH 10 FEBRUARY 10, 1999 f d r„� r i ' s • • Commissioner Bertino - yes Commissioner Hyde-yes Commissioner Mikes - yes Vice-Mayor Etling - yes Mayor Cali -yes 7.4 Discussion of East/West Intra-City Trolley Service. Molly Hughes, planning consultant, reviewed the proposed initial route of the east/west trolley with the City Commission. A motion was made by Vice-Mayor Etling, seconded by Commissioner Bertino, to authorize the execution of the proposed agreement between Broward County and the City of Dania Beach, subject to legal review and approval by City Attorney Ansbro, as well as review of the conditions of the contract in terms of funding requirements. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - no Commissioner Mikes -yes Vice-Mayor Etling - yes Mayor Cali - yes ITEM 3.1 WAS HEARD AFTER 7.4. 7.5 Discussion of City Election Poll Workers and State Attorney recent report. Item 7.5 was continued to the Regular Meeting of February 23, 1999. 7.6 Discussion of Dania Beach Grille lease. City Manager Smith stated that negotiations had been held with Mr. Demas on the renewal of his existing lease of the Dania Beach Grille. He explained that the proposed lease would be for a term of five years; the rent would be $18,000 during the first two years and increase to $24,000 during the last three years; and $25,000 worth of improvements would be made by Mr. Demas in each of the first three years. He also stated that minimum hours of operation (10:00 a.m. to 4:00 p.m.) was included in the lease. Staff recommended approval of the lease for a five year period. City Attorney Ansbro explained that the contract would have to be approved by ordinance which could be made effective retroactive to the date of expiration of the current lease. In response to Vice-Mayor Etling, Mr. Demas explained that the following improvements would be done for the$75,000: ADA/restroom, dumpster enclosure, new wood deck, new door, replacement of exhaust systems and fresh air returns, inside remodeling and new signage. Mr. Demas agreed to change the minimum hours of operation to 8:00 a.m. to 6:00 p.m. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, directing City Attorney Ansbro to go forward with the changes to the proposed lease and prepare an ordinance approving the lease with Louis Demas retroactive to February 14, MINUTES-CITY OF DANIA BEACH 11 FEBRUARY 10, 1999 i- f s r 'r i ' • O 1999, to be placed on the agenda of the February 23 Regular Meeting. The motion 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 8. APPOINTMENTS (See Item 8.10) 8.1 One (1) member appointment needed on the Airport Advisory Board. 8.2 One (1) member appointment needed on Budget Advisory 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. 8.10 Appointment of two (2) members on Dania Housing Authority to replace June Silvernale and Everette Rickman. Mayor Cali appointed Merita Mitchell and Joel Azrikan as members to the Dania Housing Authority. A motion was made by, seconded by Commissioner Bertino, to adopt a resolution appointing Merita Mitchell to the Dania Housing Authority. The motion passed unanimously. A motion was made by Commissioner Hyde, seconded by Mayor Cali, after passing the gavel, to adopt a resolution appointing Joel Azrikan to the Dania Housing Authority. The motion passed with Commissioner Mikes and Vice-Mayor Etling voting no. 9. ADMINISTRATIVE REPORTS 9.1 City Manager Smith reminded the Commission about the Florida League of Cities convention to be held in Orlando. 9.2 City Attorney Ansbro mentioned the need to appoint a telecommunications special counsel and that he would bring back costs at the next meeting. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino—no comments 10.2 Commissioner Hyde— no comments 10.3 Commissioner Mikes—no comments MINUTES- CITY OF DANIA BEACH 12 FEBRUARY 10, 1999 f Y y 1 F 1 10.4 Vice-Mayor Etling — no comments 10.5 Mayor Cali —no comments THE MEETING ADJOURNED AT 12:00 MIDNIGHT. MAYOR-COMMISSIONER ACTING CITY CLERK Respectfully submitted by Nanci Denny MINUTES APPROVED BY CITY COMMISSION: NOVEMBER 14, 2000. MINUTES- CITY OF DANIA BEACH 13 FEBRUARY 10, 1999 f Y r, r 7 MINUTES SUMMARY i DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 10, 1999 CALL TO ORDER BY MAYOR CALI AT 7.30 P.M. INVOCATION - Reverend Margaret Smart, Dania United Methodist Church 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. Acceptance of Certification of Primary Election results from the Broward County Canvassing Board. MOTION ACCEPTING THE PRIMARY ELECTION RESULTS PASSED UNANIMOUSLY. 2. Zackery Basco, Advanced Computer Specialists, advised of his company's commitment to training people in the Ice Cube Program to use computers and intentions to encourage other companies to donate computers for the program. 3. BSO—"Deputy of the Month"awards—Detectives: Heriberto Granado Cynthia Adamsky Louis Bautista ITEM 1.7 WAS PULLED FROM THE CONSENT AGENDA: 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of October 1998. Minutes: 1.2 Approval of minutes of March 24, 1998, Regular Meeting. Resolutions: 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION FOR THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND BROWARD COUNTY; AUTHORIZING THE APPROPRIATE MINUTES SUMMARY CITY OF DANIA BEACH 1 FEBRUARY 10, 1999 r- _c .t h y F CITY OFFICIALS TO EXECUTE SAID APPLICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.4 RESOLUTION TMANAAGER TO ENTER AN TO AIA C HIGHWAY LANDSH, FLORIDA, CARIZING PING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF G THAT ALL RESOLUTIONS OR PARTS OFRESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.5 HE RESOLUTION MANAGER THE TOCITY PURCHA DANIA SE ENGINEE FLORIDA, RING CONSULTANTAUTHORIZING SERVICES FROM HARTMAN & ASSOCIATES, INC. RELATING TO THE NORTHWEST SIDEWALK IMPROVEMENTS, UNDER THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING THAT SAID SERVICES SHALL NOT EXCEED TWENTY-ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($21,360.00); PROVIDING THAT ALL RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) END RSING 1.8 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,HE $1339,9 0 000.00 BROWARD COUNTY GEN RAL BOND ISSUE TOBE PLACED ON THE MARCH 1999 BALLOT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTION TO CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE." (MAYOR CALI) 1.8 "CL MRPLAT'",SUCCE OF THE H PROPERTY TY OBEINGDANIA APPROVING 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." (PASSED FIRST READING) MOTION APPROVING THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 1.7 PASSED UNANIMOUSLY. ITEM PULLED FROM THE CONSENT AGENDA: 17 HEOREZONIING REQUESTCE OF THE TY BYOCLIIFFIBERRY,HINC.FLORIDA APPROVING FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF M-4 (INDUSTRIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE MOTION DENYING THE ORDINANCE PASSED WITH MAYOR CALI VOTING NO. MINUTES SUMMARY 2 FEBRUARY 10, 1999 CITY OF DANIA BEACH l 1 w 7 F ' BIDS-NONE 3. PUBLIC HEARINGS 3.1 VA-04-99 - "A RESOLUTION APPROVING A VARIANCE REQUEST BY THE GRAVES MUSEUM OF ARCHAEOLOGY AND NATURAL HISTORY, INC., FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 481 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." (STAFF) MOTION APPROVED VA-04-99 WITH THREE ADDITIONAL CONDITIONS: TEN (10) ADDITIONAL TREES, LANDSCAPE BUFFER EXCEEDING CODE REQUIREMENTS TO PROTECT RESIDENTIAL COMMUNITY, AND ALL BUSES PROHIBITED FROM IDLING ENGINES IN THE PARKING LOT. THE MOTION PASSED UNANIMOUSLY. 3.2 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." (FIRST READING OF ORDINANCE) (STAFF) MOTION ADOPTING ORDINANCE (LU-03.99) ON FIRST READING PASSED UNANIMOUSLY. 3.3 "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." (FIRST READING OF ORDINANCE) (STAFF) MOTION ADOPTING ORDINANCE ON FIRST READING WITH AMENDMENTS TO PAGE 2, SECTION 27-095 AND PAGE 3 - SECTION 5 AS SUBMITTED BY VICE- MAYOR ETLING CARRIED WITH COMMISSIONER MIKES OUT OF THE ROOM. MINUTES SUMMARY CITY OF DANIA BEACH 3 FEBRUARY 10, 1999 t r, r 7 �r 4. SITE PLANS 4.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DISMAS CHARITIES, INC. FOR PROPERTY LOCATED AT 141 NW 1ST AVENUE, A/K/A HOTEL POINCIANA; 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." (CONTINUED FROM 1/26/99 REGULAR MEETING) (STAFF) (AR 001.99 -GROWTH MANAGEMENT DEPARTMENTI MOTION ADOPTING RESOLUTION APPROVING SITE PLAN FOR DISMAS CHARITIES INC. CARRIED WITH COMMISSIONER MIKES OUT OF THE ROOM. 4.2 SP-06-99 - "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE SITE PLAN REQUEST SUBMITTED BY CHARLES M. KELSEY Ill, VICE PRESIDENT OF PORT 5, LTD., FOR PROPERTY WHICH IS LOCATED TO THE SOUTH OF 2150 NE 7TH AVENUE, ALSO KNOWN AS PARCEL "B" OF THE "NISA PLAT", DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) MOTION ADOPTING RESOLUTION APPROVING SITE PLAN FOR CHARLES M. KELSEY III VICE PRESIDENT OF PORT 5 LTD. PASSED UNANIMOUSLY. 5. CITIZENS'COMMENTS-NONE. 6. EXPENDITURE REQUESTS-NONE 7. DISCUSSION AND POSSIBLE ACTION 7.1 Mark Charles Held, 257 SW 7 Street, requests reconsideration of his abatement of CEB98- 0103. (Continued from 1/26/99 Regular Meeting) MOTION TO REDUCE CE698-0103 FINE TO $360.00 FAILED ON THE FOLLOWING 213 ROLL CALL VOTE. Commissioner Bertino—no Commissioner Hyde-yes Commissioner Mikes-yes Vice-Mayor Etling -no Mayor Cali-no 7.2 Discussion of United Way of Broward County's Pacesetter Organization Agreement. (Mayor Cali) MOTION TO ENTER PACESETTER ORGANIZATION AGREEMENT PASSED UNANIMOUSLY. 7.3 Request for$15,000.00 in funding by Marina Mile Association for State Road 84 beautification project. (Staff) MOTION APPROVING $15.000.00 IN FUNDING FROM CONTINGENCY FUND WITH THE urvutRSTANDING THAT THE FOUR CITY LOGOS WOULD BE DISPLAYED IN ROWS OF TWO INSTEAD OF CIRCULAR PASSED UNANIMOUSLY. MINUTES SUMMARY CITY OF DANIA BEACH 4 FEBRUARY 10, 1999 L e f r F f y 7.4 Discussion of East/West Intra-City Trolley Service. (Staff) MOTION APPROVING PROPOSED AGREEMENT SUBJECT TO CITY ATTORNEY REVIEW, CARRIED WITH COMMISSIONER HYDE VOTING NO 7.5 Discussion of City Election Poll Workers and State Attorney recent report. (Commissioner Mikes-continued from 1/26/99 Regular Meeting) CONTINUED TO_FEBRUARY 23, 1999 REGULAR MEETING 7.6 Discussion of Dania Beach Grille lease. (Staff) (AR 002-99—PUBLIC WORKS DEPARTMENT) MOTION DIRECTING CITY ATTORNEY ANSBRO TO GO FORWARD WITH CHANGES AND BRING BACK AN ORDINANCE APPROVING THE PROPOSED LEASE WITH LOUIS DEMAS AT THE FEBRUARY 23 REGULAR MEETING CARRIED WITH COMMISSIONER MIKES VOTING NO. 8. APPOINTMENTS-SEE ITEM 8.10 8.1 One(1) member appointment needed on the Airport Advisory Board. 8.2 One(1) member appointment needed on Budget Advisory 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. 8.10 Appointment of two(2)members on Dania Housing Authority to replace June Silvernale and Everette Rickman. A RESOLUTION APPOINTING MERITA MITCHELL DANIA HOUSING AUTHORITY PASSED UNANIMOUSLY. A RESOLUTION APPOINTING JOEL AZRIKAN TO DANIA HOUSING AUTHORITY CARRIED WITH COMMISSIONER MIKES AND VICE-MAYOR ETLING VOTING NO 9. ADMINISTRATIVE REPORTS 9.1 City Manager— Discussion of Florida League of Cities convention in Orlando. 9.2 City Attorney—Costs to be brought back on hiring a Telecommunications attorney. 10. COMMISSION COMMENTS-NO COMMENTS MEETING ADJOURNED AT 12:00 MIDNIGHT MINUTES SUMMARY CITY OF DANIA BEACH 5 FEBRUARY 10, 1999 t- f , r 7 AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 10, 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 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 - Reverend Margaret Smart, Dania United Methodist Church PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS: 1. CONSENTAGENDA Bills: 1.1 Approval of bills for the month of October 1998. Minutes: 1.2 Approval of minutes of March 24, 1998, Regular Meeting. Resolutions: 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION FOR THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND BROWARD COUNTY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Staff) AGENDA CITY OF DANIA BEACH 1 FEBRUARY 10, 1999 d- f r I r 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING CONSULTANT SERVICES FROM HARTMAN & ASSOCIATES, INC. RELATING TO THE NORTHWEST SIDEWALK IMPROVEMENTS, UNDER THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING THAT SAID SERVICES SHALL NOT EXCEED TWENTY-ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($21,360.00); PROVIDING THAT ALL RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ENDORSING THE $139,900,000.00 BROWARD COUNTY GENERAL BOND ISSUE TO BE PLACED ON THE MARCH 1999 BALLOT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTION TO CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE." (Mayor Cali) Ordinances- First reading of Ordinance- Title to be read by City Attorney 1.7 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF M-4 (INDUSTRIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.8 "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." (Staff) 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 VA-04-99 — "A RESOLUTION APPROVING A VARIANCE REQUEST BY THE GRAVES MUSEUM OF ARCHAEOLOGY AND NATURAL HISTORY, INC., FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 481 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." (Staff) 3.2 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, AGENDA CITY OF DANIA BEACH 2 FEBRUARY 10, 1999 it— r 7 i i 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." (First Reading of Ordinance) (Staff) 3.3 "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."(First Reading of Ordinance) (Staff) 4. SITE PLANS 4.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DISMAS CHARITIES, INC. FOR PROPERTY LOCATED AT 141 NW 1ST AVENUE, A/K/A HOTEL POINCIANA; 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." (Continued from 1/26/99 Regular Meeting) (Staff) 4.2 SP-06-99 - "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CHARLES M. KELSEY III, VICE PRESIDENT OF PORT 5, LTD., FOR PROPERTY WHICH IS LOCATED TO THE SOUTH OF 2150 NE 7TH AVENUE, ALSO KNOWN AS PARCEL 'B" OF THE "NISA PLAT", DANIA BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (Staff) 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 Mark Charles Held, 257 SW 7 Street, requests reconsideration of his abatement of CEB98-0103. (Continued from 1/26/99 Regular Meeting) 7.2 Discussion of United Way of Broward County's Pacesetter Organization Agreement. (Mayor Cali) 7.3 Request for$15,000.00 in funding by Marina Mile Association for State Road 84 beautification project. (Staff) AGENDA CITY OF DANIA BEACH 3 FEBRUARY 10, 1999 f . r 7 7.4 Discussion of East/West Intra-City Trolley Service. (Staff) 7.5 Discussion of Dania Beach Grille lease. (Staff) 7.6 Discussion of City Election Poll Workers and State Attorney recent report. (Commissioner Mikes-continued from 1/26199 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 10, 1999 1 ' r, "7 "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." 8.10 Appointment of two (2)members on Dania Housing Authority to replace June Silvernale and Everette Rickman. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO COMPLETE THE TERMS OF JUNE SILVERNALE AND EVERETTE RICKMAN ON THE DANIA HOUSING AUTHORITY; 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 CITY OF DANIA BEACH 5 FEBRUARY 10, 1999 t ADDENDUM DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 10, 1999 PRESENTATIONS 1. Acceptance of Certification of Primary Election results from the Broward County Canvassing Board. f