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HomeMy WebLinkAboutNULL 099 r -r rt ' MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 12, 1999 The meeting was called to order by Mayor Cali at 7:30 p.m. Invocation was given by Reverend Lewis, Gethsemane Missionary Church. Pledge of Allegiance. ROLL CALL Mayor: Jim Cali Vice Mayor: John Etling Commissioners: John Bertino Bill Hyde Bob Mikes City Attorney: Thomas Ansbro City Manager: Michael Smith Deputy City Clerk: Charlene Saltalamacchia PRESENTATIONS *BSO Chief Bob Anton presented the "Deputy of the Month"Award for December to Ronald Miller and commended Deputy Miller for demonstrating extraordinary skill in combating street level narcotics and for establishing relationships with individuals who provide valuable narcotics information to the Sheriffs Office. Chief Anton also commended the Dania Beach Fire/Rescue Department for saving the lives of two critically wounded shooting victims on December 5, 1998. *Mr. & Mrs. Ron Costello presented Certificates of Appreciation to Mayor Cali and the City of Dania Beach for supporting the Spina Bifida Association of Southeast Florida's holiday party on December 12, 1998. PROCLAMATIONS a) A proclamation declaring January 14, 1999, as "Tropical Acres Day" in the City of Dania Beach. The proclamation was read by City Manager Smith. ITEM 1.1 WAS PULLED FROM THE CONSENT AGENDA. 1. CONSENT AGENDA: Resolutions: CITY OF DANIA BEACH MINUTES 1 JANUARY 12, 1999 f Ir-- r -r F " / 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CHANGE ORDER SUBMITTED BY COASTAL CONTRACTING & DEVELOPMENT REDUCING THE ORIGINAL CONTRACT PRICE OF $637,250.00 TO $635,845.00 FOR RENOVATION OF FIRE STATION NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE." 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR THE PURPOSE OF PROVIDING A COOPERATIVE RADIO DISPATCH SERVICES CENTER FOR THE CITY OF DANIA BEACH FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE." For clarification purposes, City Manager Smith explained that additional negotiations were held with the City of Hollywood and a slight modification was made by eliminating the 5% increase in the service agreement for this year. 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE FIRST AMENDMENT TO THE 23RD YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SOUTHWEST IMPROVEMENTS PHASE III, UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS; PROVIDING FOR AN EXTENSION OF THE TERMINATION DATE OF THE AGREEMENT FROM FEBRUARY 28, 1999, TO AUGUST 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." 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF DANIA BEACH;AND PROVIDING AN EFFECTIVE." 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH BROWARD COUNTY FOR AN ENHANCED MARINE LAW ENFORCEMENT GRANT COVERING THE FISCAL YEAR 1999/2000; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to approve the Consent Agenda with the exception of Item 1.1. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde—yes Mayor Cali—yes Commissioner Mikes—yes ITEM PULLED FROM CONSENT AGENDA: Minutes: 1.1 Approval of minutes of Regular Meeting, December 8, 1998. CITY OF DANIA BEACH MINUTES 2 JANUARY 12, 1999 f r"- 9 r, T 7 Commissioner Mikes was concerned about the wording, "very disproportionate", used in Item 3.2 of the Firefighters' contract. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Etling to continue Item 1.1 to January 26, 1999, so that a verbatim transcript of Item 3.2 could be included in the minutes of December 8, 1998. The motion passed unanimously. Ordinances — First Reading 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REPEALING SEC. 3.30(f) OF THE DANIA CITY CODE PERTAINING TO ANNEXED PROPERTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING THAT ALL ORDINANCE OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."(FIRST READING OF ORDINANCE) City Attorney Ansbro read the title of the Ordinance. He explained that the purpose of the ordinance was a housekeeping measure showing that Section 3.30(0 in Chapter 3 of the Code was redundant with State law. He stated that State law was absolutely controlling with regard to zoning regulations when properties are annexed into a city. A motion was made by Vice-Mayor Hyde, seconded by Vice-Mayor Etling, to adopt the ordinance repealing Section 3.30(f) on first reading. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling — yes Commissioner Hyde—yes Mayor Cali —yes Commissioner Mikes—yes 1.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "CARIB PLAT NO. 2", SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA 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 "CARIB PLAT NO. 2"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE-PL-65-98) A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to adopt the ordinance approving the "Carib Plat No. 2"on first reading. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde—yes Mayor Cali—yes Commissioner Mikes—yes 2. BIDS—NONE CITY OF DANIA BEACH MINUTES 3 JANUARY 12, 1999 f L �I It-- r T 7 F r 3. PUBLIC HEARINGS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6.21, WHICH SECTION IS ENTITLED "OFF-STREET PARKING', OF CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE A REGULATION WHICH WILL REQUIRE THE PROVISION OF PARKING SPACES FOR OCCUPANTS OF GAMBLING BOATS; FURTHER, CHANGING THE CURRENT PARKING REQUIREMENTS FOR YACHT CLUBS, BOAT MARINAS, CHARTER BOATS AND SIGHTSEEING BOATS; 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; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING AND PUBLIC HEARING) Growth Management Director, Terry Virta, stated that the proposed ordinance would set the standard for off-street parking requirements for gambling boats. Mr. Virta felt that one parking space per every two occupants was an adequate standard to set. He also reported that the Planning & Zoning Board recommended approval of one parking space per every two occupants. Commissioner Hyde was concerned about the definition of"maximum occupancy". He requested that language from a "Certificate of Inspection of a Vessel' be used, which would include the passenger capacity plus the crew. Commissioner Bertino felt it would be more appropriate to require one parking space per employee and one parking space per every two passengers. Mayor Cali opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to adopt the Ordinance amending Sec. 6.21 on first reading and to send it back to the Planning &Zoning Board for changes to ratios prior to the second reading. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde—yes Mayor Cali —yes Commissioner Mikes—yes 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THEE MORATORIUM SHALL ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES INI SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIIDING DIRECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR." (FIRST READING AND PUBLIC HEARING) CITY OF DANIA BEACH MINUTES 4 JANUARY 12, 1999 1 / 3 a F, T 7 F City Attorney Ansbro read the title of the ordinance. He summarized for the Commission that a moratorium had been imposed on the area north of Griffin Road, west of 1-95, which was intended to protect the area from heavy duty industrial uses pending the rezoning applications for a new IROM (Industrial, Research, Office, Marine) zoning district. He explained that the extension was necessary to allow time for the proposed Comprehensive Land Use Plan amendments to be reviewed by state and regional agencies and then to be adopted by ordinance by the City Commission. Mayor Cali opened the public hearing. Dave Reich, SW 42 Street, asked if the rezoning process would proceed and asked for an estimated time of completion. City Attorney Ansbro explained that the process for rezoning the area was already underway. Mayor Cali closed the public hearing. A motion was made by Vice-Mayor Etling, seconded by Commissioner Hyde, to adopt the ordinance, on first reading, extending the moratorium to July 27, 1999, The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde—yes Commissioner Mikes—yes Mayor Cali— yes 3.3 VC-60-98 — "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, 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." City Attorney Ansbro explained that the remaining items under Category 3 would be quasi-judicial proceedings and reminded the City Commission to report any disclosures at the beginning of each item. City Attorney Ansbro read the title of the resolution. CITY OF DANIA BEACH MINUTES 5 JANUARY 12, 1999 tE h T y i City Manager Smith requested that Item 3.3 be continued to the next meeting. He stated that Utilities Director Robert "Bud" Palm was in the process of reviewing the plans and had concerns about the water and sEiwc, !fines needing easements and the possibility that the proposed development might overlay some of the utility lines. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to continue approval of the resolution until January 26, 1999. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling -yes Commissioner Hyde—yes Mayor Cali—yes Commissioner Mikes—yes ITEM 3.6 WAS HEARD NEXT. 3.4 VA-58-98 — "A RESOLUTION APPROVING VARIANCE REQUEST BY MICHAEL MOGERIo1AN, REPRESENTING FESTIVAL FUN PARKS, OWNER OF PROPERTY COMMONLY KNOWN AS (GRAND PRIX RACE-O-RAMA), FROM CHAPTER 28 ZONING, ARTICLE 16.60 RELATING TO HEIGHT REQUIREMENTS FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, 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 resolutions for Items 3.4 and Item 3.5. He again advised that this was a quasi-judicial hearing. Mayor Cali advised that Items 3.4, 3.5 and 4.2 would all be heard together. Vice-Mayor Etling disclosed that he spoke with Mr. Mogerman about the general concept of the project. Terry Virta, Growth Management Director, explained that the first part of the three- part request was for a height variance. The site currently has a 200-foot tall structure that was approved by variance, however, the variance requires the applicant to come back and obtain variances for structures that are not as high as the 200-foot structure. As part of the new water park, one proposed structure would be 160-feet tall and would look like part of a ferris wheel. Mr. Virta explained that the special exception part of the request would be to expand the facilities onto the area that had been previously occupied by the paintball operation and the Magical Village. The operation would be a family-orientated water theme park with various kinds of rides including a 100-foot roller coaster. Mr. Virta explained that the site plan includes an area under the power lines that is located to the immediate north of the site, which is zoned agricultural, and that the zoning code does allow the property to be used for parking purposes for development immediately adjacent to it. In response to Commissioner Mikes' question about hours of operation, Mr. Virta reported that the hours had not been addressed at the Planning & Zoning Board CITY OF DANIA BEACH MINUTES 6 JANUARY 12, 1999 f t-- -t f ' l hearing, but advised that the existing facility is open 24 hours. He also advised that the temporary amusement park closed at 12:00 midnight. Commissioner Mikes mentioned a letter from DCOTA requesting that an 8 foot fence be constructed due to several occurrences of trespassing and vandalism from the paintball facility. He was also concerned about the number of police and rescue calls to the facility. Mr. Mogerman advised that the fun zone operation would replace the paintball operation; he explained that the water park and roller coaster would be constructed on the entire front parcel of the property; the first phase would be a kiddy park geared towards families, day camps and summer camps; the FP&L portion of the property would be used for overflow parking and the parking lot would be built as the park progresses and the need arises. Mr. Mogerman stated that he met with DCOTA and advised them that the FP&L property was fenced, however, the fence was taken down by the previous owners of the property. Mr. Mogerman stated that a dirt barrier had been put up to deter vehicles from driving between his project and the DCOTA property. Mr. Mogerman assumed that an agreement had been reached with DCOTA because Grand-Prix had made plans to lease some of the DCOTA property at the south end of the lake for better access. Mr. Mogerman advised that only the arcades are open 24 hours and the other facilities are open until 1:00 a.m. or 2:00 a.m. depending on the crowd. Mayor Cali asked if Mr. Mogerman's company would agree to remove the two billboards on the property as a condition of the approval. Mr. Mogerman advised that the corporate office was located in California and that he was not in a position, at this time, to agree to remove the billboards. He also advised that approximately 20 years were left on the lease. Commissioner Bertino questioned the hours of the water park. Mr. Mogerman felt that the roller coaster would probably remain open later than the water park, depending on the season and the crowd. In response to Commissioner Mikes' concern about security, Mr. Mogerman advised that in-house security was provided as well as private security by the Florida Highway Patrol. He stated that there is a minimum of five FHP officers on the property on Friday and Saturday nights as well as in-house security and during the week there is a minimum of one security officer at the facility. Commissioner Mikes requested that this item be continued until a report could be provided by the Fire Chief and BSO on the number of fire service calls and police calls and whether any of the clientele are contributing to the drug problem in the surrounding areas. Commissioner Hyde asked for assurance that the paintball facility would no longer exist. Mr. Mogerman assured him that it would no longer exist on the outside, but may be housed inside the facility. City Manager Smith stated that FHP being on site does not alleviate any law enforcement response from BSO. He suggested the possibility of having BSO CITY OF DANIA BEACH MINUTES 7 JANUARY 12, 1999 s.` la P t� f deputies on site. Mr. Mogerman agreed to meet with BSO to work out an arrangement. Commissioner Mikes was concerned about the need to properly police the facility and that it not create a tax burden on the citizens. Chief Anton agreed that there would be a benefit of using BSO deputies to handle each incident on site, but in defense of FHP, he stated that a communications system is established for FHP to communicate with BSO. He also stated that BSO has a much better working relationship with FHP than in the past; that FHP is handling a lot of calls such as minor assaults and fights, thereby not draining BSO's resources; but explained that BSO does have to be called out on car burglaries and auto thefts which are a drain on his department. Chief Anton stated that he had met with Lt. Edwards from FHP who indicated that he was almost maxed out with providing officers for Grand Prix and would not be opposed to BSO filling some of the positions. Deputy Chief Brown reported that there have been between 150 to 200 EMS calls per year at the site. Commissioner Mikes stated that 150 to 200 calls per year is a major expense to the City and again suggested continuance of this item until Mr. Mogerman could meet with the Fire Chief and the BSO Chief and work out a detail plan to take the burden off the taxpayer. Vice-Mayor Etling asked if a two-week delay would be a hinderance on the project. Mr. Mogerman advised that his company is a large acquistion company and investors are involved, he also stated that there are seasonal values involved. He explained that the skyscraper ride is a very expensive ride that takes quite a while to obtain and that it would hurt the company, financially, to miss the summer season. In order to not hold up the project, Vice-Mayor Etling recommended that a condition be placed on the variance that no Certificate of Occupancy be issued for the facility until agreements could be reached to the satisfaction of the Fire Chief and BSO Chief. Mr. Mogerman felt that this would leave things wide open and he could not commit to his people to spending millions of dollars. He urged the City Commission to settle the matter now. Commissioner Bertino asked if there were any specific standards for safety that could be abided by so that Mr. Mogerman could give his corporate office in California something concrete. Deputy Chief Brown explained that the standards differ from place to place. He stated that preliminary discussions had been held with Mr. Mogerman and Chief Brown felt that an EMS detail would be necessary on Friday, Saturday and Sunday nights for starters. CITY OF DANIA BEACH MINUTES g JANUARY 12, 1999 f d , r It was the general consensus of the City Commission that the whole facility should be covered by security and an EMS detail required on Friday, Saturday and Sunday nights. City Attorney Ansbro asked Mr. Mogerman to have Attorney Gustafson provide him with copies of the billboard leases. He also asked that Mr. Mogerman agree to not exercise any option to renew the billboard leases, and that the billboards be removed when the base term was over. Mr. Ansbro stated that he would review the leases and advise Mr. Mogerman's corporate office in California when the billboards must be removed. 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 resolution approving the variance with the following stipulations: Mr. Mogerman must provide copies of the billboard leases to City Attorney Ansbro; that the billboard leases shall not be renewed and the two existing billboards shall be removed at the earliest possible date, based upon legal review of the leases by City Attorney Ansbro; that no certificate of occupancy be issued until written agreements are reached with BSO Chief Anton for police protection and with Deputy Chief Brown for an EMS detail on Fridays, Saturdays and Sundays. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling - yes Commissioner Hyde —yes Mayor Cali—yes Commissioner Mikes —yes ITEM 3.5 WAS HEARD TOGETHER WITH ITEM 3.4 & 4.2.. 3.5 SE-58-98- "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY MICHAEL MOGERMAN, REPRESENTING THE OWNER, FESTIVAL FUN PARKS, (GRAND PRIX RACE-O-RAMA) FOR PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED IN ITS ENTIRETY FOR A COMMERCIAL RECREATIONAL USE AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." THE PUBLIC HEARING FOR ITEM 3.5 WAS OPENED WITH ITEM 3.4. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde, to adopt the resolution approving the special exception with the following stipulations: Mr. Mogerman must provide copies of the billboard leases to City Attorney Ansbro; that the billboard leases shall not be renewed and the two existing billboards shall be removed at the earliest passible date, based upon legal review of the leases by City Attorney Ansbro; that no certificate of occupancy be issued until written agreements are reached with BSO Chief Anton for police protection and with Deputy Chief Brown CITY OF DANIA BEACH MINUTES g JANUARY 12, 1999 L_ r, P '7 F for an EMS detail on Fridays, Saturdays and Sundays. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—yes Vice-Mayor Etling - yes Commissioner Hyde—yes Mayor Cali—yes Commissioner Mikes—no ITEM 3.6 AND ITEM 4.1 WERE HEARD TOGETHER AFTER ITEM 3.3. 3.6 VA-48-98 — "A RESOLUTION APPROVING VARIANCE REQUEST BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC./PUBLIX, FROM CHAPTER 26, SECTION 26.50 (B) AND CHAPTER 28, ZONING 6.64 IN RELATION TO CONSTRUCTION OF A PUBLIX SHOPPING CENTER AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31ST AVENUE. 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." Variance Descriptions: a) Chapter 26, Vegetation, Section 26.50 (b) requires a six-foot masonry wall or solid wooden fence five (5) feet off the residential zoned or used property. The petitioner is requesting approval of a variance to allow the existing six- foot high masonry wall to satisfy the requirement. b) Chapter 28, Zoning 6.64, Principal Arterial Commercial Design Standards Overlay, (4d) requires roofs to be pitched with generous overhangs and incombustible material such as shingle, clay tile, cement tile, or metal. The petitioner is requesting approval of a variance to construct a "Parapet Roof' in lieu of a peak roof on the proposed Publix building. City Attorney Ansbro advised that this was a quasi-judicial hearing. Persons requesting to speak on Items 3.6 and 4.1 were asked to stand and City Attorney Ansbro administered the oath to all those standing. Terry Virta, Growth Management Director, advised that the variance and site plan for the Publix Shopping Center at Oakbridge, was continued from December 8,1998, to allow the petitioner to reconfigure the building from the southwest corner to the southeast corner on the site. Mr. Virta explained that a meeting was held with the developers, residents and himself, which resulted in three sets of opinions as to the new location of the building. Mr. Virta advised that the petitioners have requested a variance from the design guidelines and requirements to construct a masonry fence or solid wood fence as part of the landscaping buffer. Mayor Cali asked for disclosures from the City Commission. Vice-Mayor Etling advised that he was contacted by a representative of the Oakbridge Homeowners'Association and one other resident. Commissioner Bertino advised that he was contacted by the president of the Oakbridge Homeowners'Association. CITY OF DANIA BEACH MINUTES 10 JANUARY 12, 1999 .f f,4 "qM -r r Mayor Cali advised that he spoke with a number of residents, the president and representatives of the homeowner's association. Mayor Cali opened the public hearing at this time. Herb Green, Avid Engineering, explained the change in location of the building and the additional improvements as requested at the last meeting for the Publix site. Mr. Green reported that most of the homeowners agreed with the change in the project and that the site plan had been modified three times in an effort to work with the City and the residential community. Vice-Mayor Etling questioned the safety of people backing out of parking spaces on the northwest section facing Griffin Road and suggested that the spaces be angled with one-way going west. Mr. Green advised that the width in the aisle is sufficient to support two cars and that the cross access provides traffic control with a STOP sign at the entry with a right turn-in. He also advised that a deceleration lane was required by the Department of Transportation because a minimum throat depth was required at that connection. Commissioner Mikes asked that taller palm trees be planted that would be more appropriate to the 62-foot height of the building. Mr. Green mentioned that the building height is closer to 30 foot and that the figure on the site plan is a relative elevation figure. Mr. Green was of the understanding that City Code only permits a maximum building height of 35 feet. Cheryl A. Virgo, President, Oakbridge Homeowners'Association, 3124 SW 50 Street, commended Publix for working with the residents and advised that the majority of the residents felt that Publix would be an asset to the community; however, on behalf of the Association, she expressed concerns about trucks exiting onto 32nd Avenue; directional signage for the site and truck delivery times as it relates to the safety of children. Ms. Virgo agreed that higher foliage is needed for the building and mentioned that she received concerns from residents of Avon Isles about traffic backup into the complex. Conrad H. Taylor, Vice-President, Oakbridge Homeowners'Association, 3135 SW 35 Street, mentioned that residents support Publix but were concerned about the trucks exiting on SW 32nd Avenue due to the safety of children and residents. Blanca Garcia, 4927 SW 31 Terrace, expressed the same concern about delivery trucks exiting onto SW 32nd Avenue and presented a petition from residents requesting a "NO TRUCK TRAFFIC PERMITTED" sign at SW 32nd Avenue and Griffin Road (the only main road into the Oakbridge Community). The petition was marked "Exhibit A". Bill Garcia, 4927 SW 31 Terrace, expressed the same concern for truck traffic exiting onto SW 32nd Avenue and advised the City Commission that other Publix stores have made concessions with other cities by agreeing to make deliveries between 4:00 a.m. and 10:00 a.m. (a 6-hour period) in an effort to work with other communities. CITY OF DANIA BEACH MINUTES 11 JANUARY 12, 1999 L i L l�- r, r -r R ' Mayor Cali mentioned that Mr. Garcia came up with the idea to relocate the Publix building and that many of his concerns had been taken into consideration. Susan Casalatti, Treasurer, Oakbridge Homeowners' Association, agreed with the previous concerns that had been presented. She mentioned that she had suggested the trucks be routed through the Publix parking lot, but appeared that the suggestion would be unacceptable to Publix. John Hickey, 4943 SW 31 Terrace, advised that many homes would still be affected by trucks moving in and out of the community even though the building had been moved. Mr. Hickey mentioned that several residents would like the delivery times to be firmed up and would like the height of the wall to be raised to nine or ten feet. He urged the City Commission to deny the variance request. Doyle Rowan, resident of Oakbridge, suggested that Griffin Road be renamed to Dania Beach Boulevard and urged the City Commission to come up with another alternative besides 32nd Avenue, for the trucks to exit the project. In response to some of the concerns, Mr. Green advised that trucks would only be exiting on 32nd Avenue because it would be physically impossible for the trucks to turn around if they entered on 32nd Avenue. Mr. Green mentioned that many of the concerns about the wall, noise abatement and security were brought up at the homeowners' meetings. He felt that a denser landscaping would provide better security and noise abatement than a block wall. As requested by the City Commission, he explained that a wall would be constructed on the dock area; an additional 6-foot buffering would be added at the dock that would essentially be 8 feet higher at the dock connection since the trucks would be down two-feet below the finished floor. He agreed that the residents should add a sign at the entrance to their development designating "Private for Oakbridge Residents". He also pointed out that one of the requirements for the project was to construct a U-turn on Griffin Road at 32nd Avenue to eliminate having to make an illegal U-turn heading westbound. Mr. Green explained that delivery times conflict with the school buses and in an effort to resolve this issue, he advised that Publix was willing to build a bus bay on SW 32nd Avenue for children to be picked up. Mayor Cali confirmed with Mr. Green that the Broward County School Board has not been contacted about picking up children on SW 32nd Avenue and that the children are currently being picked up on Griffin Road. Tom Adams, Real Estate Manager, stated that Publix had set aside an area for the bus bay to be built, but did not feel it was Publix's responsibility to address the issue about relocating the bus stop with the Broward County School Board. He felt that the homeowners should make the request to the School Board themselves. Mr. Adams requested that delivery times be allowed from 7:00 a.m. to 7:00 p.m. in return for the additional things that Publix had agreed to do to accommodate the residents. Mr. Adams stated that Publix would need some use of both 315t and 32nd Avenues and explained that the site plan was redesigned because the residents asked that the trucks exit onto 32nd Avenue instead of 315t Avenue. Mr. Adams mentioned that CITY OF DANIA BEACH MINUTES 12 JANUARY 12, 1999 t_ L r. T 7 there is a vested right on the commercial property to use the access and Publix would try to use it on a minimal basis. Vice-Mayor Etling agreed that the responsibility for directing concerns about relocating the school bus stop should come from the residents and he advised them to contact the Transportation Office of the Broward County School Board. In response to Vice-Mayor Etling's question about adding the U-turn at 33`d Avenue, Mr. Green advised that there was no median break at 32nd Avenue and that the Department of Transportation would not allow one at 32nd Avenue nor 3151 Avenue. Mr. Green explained that the median had to be modified to allow a deceleration lane for a U-turn to occur on 33`d Avenue. Vice-Mayor Etling felt that the entrance to Publix on 315'Avenue would eventually cut-down on the number of U-turns on Griffin Road once g of used to entering at 315'Avenue. people Mayor Cali asked whether Publix could request most of the service trucks to use 31" Avenue for entering and exiting the store. Mr. Adams was not sure that he could enforce this request. Commissioner Mikes commended Publix for their efforts in accommodating the residents in the area and for the landscaping on the western side of the building, however, he asked Mr. Adams if the LJ3 Wax Myrtle trees noted on the landscaping plan could be replaced with clusters of Royal Palms. Mr. Adams stated that 22 trees would have to be replaced with the Royal Palms and the cost would be estimated at $10,000 to $15,000 more. Commissioner Mikes stated that Royal Palms usually cost $150.00 and should not cost Publix more than $3,000.00 for 14-foot Royal Palm trees. Mr. Adams agreed to commit to the$3,000.00. Commissioner Hyde also commended Publix and agreed that the Royal Palms would look better. He also agreed that signs are needed to ensure that trucks would not turn into the Oakbridge complex. Robin Ellercon, 3120 SW 50 Street, mentioned that standing water remains in her parking lot after it rains and requested that Mr. Green explain the drainage connection into the lakes. Mr. Green advised that he reviewed the existing permit with South Florida Water Management District and reported that the Oakridge system is tied into the Oakbridge development in terms of drainage. He stated that the systems are interconnected, that they share pond storage and have outfall to the Dania Cut-off Canal. He also explained that the outfall crosses 315`Avenue underneath the canal and into the Dania Cut-off Canal. Mr. Green advised that the five acres of land that Publix will sit on was accounted for in the Oakbridge drainage system. Ms. Ellercon inquired as to whom is responsible for the paving of SW 32nd Avenue. CITY OF DANIA BEACH MINUTES 13 JANUARY 12, 1999 L ^� r 7 F i City Manager Smith advised that SW 32"d Avenue was a private road and that the paving would have to be worked eui between the homeowners and Publix. Mr. Green advised that the plans and specifications stipulate that the contractor repair any damage to existing facilities. Cheryl A. Virgo asked for written confirmation from Publix regarding the issues that have been discussed as well as confirmation that they will repair any damage that may be created by the trucks using SW 32"d Avenue. Vice-Mayor Etling advised Ms. Virgo that the meeting was being recorded on tape. Dan Bennett, 4968 SW 32"d Terrace, mentioned that most residents are looking forward to Publix coming into the neighborhood and that everyone knew when they purchased their properties that the front parcel on the site was zoned commercial. He didn't feel that any of the concerns would be difficult to resolve. Tom Murphy, 4963 SW 32"d Avenue, mentioned that the Planning & Zoning Board had recommended delivery times for the trucks and felt that the City Commission should approve their recommendation. Mr. Murphy was concerned that the tot lot area for children would be located at the far end of the truck turn-around area at 32"d Avenue and that there was no signage on 32"d Avenue saying "NO TRUCK ENTRANCE". Mr. Murphy was also concerned that the plans did not account for the reduction of over 1,000 square feet of green space that would be removed on SW 32"d Avenue. Hearing no further comments, Mayor Cali closed the public hearing. In order to show that they do not intend to use the space for a truck turn-around area, Mr. Green stated that Publix would commit to constructing a bus bay only if the homeowners obtain the necessary approvals from the Broward County School Board. Mr. Green advised that the impervious areas are outside of the project area and boundary limits, and the reduction of the impervious area was caused by eliminating the out parcel, which created more green space for the overall site. Commissioner Bertino felt that it would be more logical to set the morning delivery times at 8:00 or 9:00 a.m. and recommended that Publix schedule deliveries throughout the day and into the early evening to alleviate the trucks infringing upon the car traffic. Mr. Adams disagreed with truck delivery any later than 7:00 a.m. since the store would open at 7:00 a.m. and there would be a need to get merchandise into the store in the early hours of the day. He also pointed out that it takes time to unload the merchandise from the trucks and get the product onto the shelves. Commissioner Hyde felt that the delivery times could be worked out as long as there are no trucks stacked up in the early hours of the day and he felt that it would be better to get the deliveries over with earlier in the day and not linger into the evening hours. CITY OF DANIA BEACH MINUTES 14 JANUARY 1 Z 1999 f L I i i i City Attorney Ansbro advised that the conditions should be added to the Site Plan approval and not to the variance approval. O A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, adopting the resolution approving VA-48-98. 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 3.4 WAS HEARD NEXT. (Continued from 1218I98 regular meeting) 3.7 ZONING APPEAL — Request by Frank Philpot, owner of A to X Video Outlet, located at 1920, 1922 and 1926 Stirling Road, to appeal decision made by City Administration Officials alleging a violation of Chapter 28 Zoning Code, Article 22. A motion was made by Vice-Mayor Etling, seconded by Commissioner Mikes, to continue Item 3.7 indefinitely until such time as the City Attorney advises. The motion passed unanimously. 4. SITE PLANS ITEM 4.1 WAS HEARD WITH ITEM 3.6. 4.1 SP-49-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC./PUBLIX SHOPPING CENTER, FOR PROPERTY LOCATED ALONG GRIFFIN ROAD AND SW 31ST AVENUE, ALSO KNOWN AS THE BANYAN OAKRIDGE COMMERCIAL PLAT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, adopting resolution approving SP-49-98 with the following stipulations: (1) Regal Ventures, Inc./Publix agrees to build bus pickup facility for school children, in place of a truck turn around area, upon residents obtaining approval from Broward County School Board; (2) City agrees to allow truck delivery hours from 7:00 a.m. to 7:00 p.m.; (3) Regal Ventures/Publix will install appropriate "EXIT ONLY" signs directing trucks; (4) Regal Ventures/Publix agrees to substitute Royal Palm (RE3) trees where Wax Myrtle (LJ3) trees are designated on the landscaping plan; (5) City will assist petitioner in locating Royal Palm trees at reasonable cost. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde- yes Mayor Cali-yes Commissioner Mikes—yes CITY OF DANIA BEACH MINUTES 15 JANUARY 12, 1999 � r f T -r ITEM 4.2 WAS HEARD WITH ITEMS 3.4 & 3.5. 4.2 SP-59-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW I" STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, to adopt the resolution approving the site plan with the following stipulations: Mr. Mogerman must provide copies of the bitlboard leases to City Attorney Ansbro; that the billboard leases shall not be renewed and the two existing billboards be removed at the earliest possible date, based upon legal review of the leases by City Attorney Ansbro; that no certificate of occupancy be issued until written agreements are reached with BSO Chief Anton for Police protection and with Deputy Chief Brown for an EMS detail on Fridays, Saturdays and Sundays. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—yes Vice-Mayor Etling - yes Commissioner Hyde —yes Mayor Cali—yes Commissioner Mikes —no 4.3 SP-62-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY LOUIS BIANCO: OWNER, FOR PROPERTY LOCATED AT 4958 SW 28T"AVENUE, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Vice-Mayor Etling, seconded by Commissioner Mikes, to adopt the resolution approving SP-62-98. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling - yes Commissioner Hyde— yes Mayor Cali —yes Commissioner Mikes—yes 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. 5.1 Bobbie Grace asked the City Commission to consider a proposal from citizens and neighborhood organizations in the Northwest section of Dania Beach renaming Modello Park in honor of Charlie Will Thomas who was a long-time citizen and employee of the City of Dania Beach until his death, and was a tremendous help to the children in the area. CITY OF DANIA BEACH MINUTES 16 JANUARY 12, 1999 f L r. r '1 A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to make a recommendation to the Parks & Recreation Advisory Board to consider the renaming of Modello Park to Charlie Will Thomas Community Park and to submit their recommendation back to the City Commission. The motion passed unanimously. 5.2 Lewis Gusdorff— Purchasing two parcels on Dania Beach. Mr. Gusdorff was not present. 6. EXPENDITURE REQUESTS 6.1 'RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SOUTH FLORIDA TOURIST COUNCIL FOR ADMINISTRATIVE SERVICES TO BE PERFORMED BY THE CITY RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE - PRIVATE-PUBLIC PILOT PROGRAM; 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 Manager Smith explained that this agreement would extend the administrative services for the North-South trolley service for three months. Ralph Riehl from the South Florida Tourist Council reported that a proposal for an East-West trolley service would be presented to the Commission in two weeks. A motion was made by Vice-Mayor Etling, seconded by Commissioner Bertino, to adopt the resolution extending the agreement with South Florida Tourist Council until March 1, 1999. The motion passed on the following roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde - yes Mayor Cali-yes Commissioner Mikes—yes 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of entering into an Interlocal Agreement with Broward County and neighboring communities to share resources and expertise for fire protection and emergency medical services. Mayor Cali suggested that a committee be formed to act as a negotiating team with Broward County Fire/Rescue to negotiate a proposal for an Interlocal Agreement to share resources and expertise for fire protection and emergency medical services. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, directing City Manager Smith, City Attorney Ansbro, Deputy Chief Brown and any other staff members needed, to enter into discussions with Broward County EMS regarding possible shared resources. The motion passed unanimously. CITY OF DANIA BEACH MINUTES 17 JANUARY 12, 1999 t r, T 't 7.2 Request for abatement by James Lavin for/and Village Club LLP, 500 NE 2 Avenue, regarding CEB98-0119. Mindy Feltson, property manager for Village Club Apartments, stated that a fine totaling $6,000 had accrued on the property from September 1, 1998, through October 29, 1998. She explained that when the property owner was cited for doing renovations without a permit, a permit application was submitted by the contractor and Ms. Feltson was under the assumption that once the permit application was submitted, they would be in the process of complying and would not be fined. Ken Koch, Building Official explained that a Code Enforcement complaint was received on May 1, 1998, for work being performed at 500 NE 2 Avenue without a permit and that a Notice of Violation was mailed on June 26, 1998; from that date until the date of compliance of October 29, 1998, 164 days had lapsed. He stated that a permit application had been submitted 4 times and rejected, and was not approved until the 5th submittal. The property owner was notified on October 22, 1998, that the permit application had been approved and could be picked up. The permit was not obtained by the contractor until October 27, 1998. Mr. Koch reported that the Planning &Zoning Board recommended denial of the abatement. Mr. Koch also reported that the property owner was cited again for installing water heaters without a permit and asked the Commission to keep that in mind when making their decision. Ms. Feltson explained that several old water heaters had been in their storage room and that they were trying to dispose of them. However, only one water heater was changed by Sam Jolley Plumbing who obtained a permit. In response to Mayor Cali, Mr. Koch stated that submitting a permit application does not meet compliance, the permit must be issued in order to meet compliance. Rick Bennett, contractor, stated that he was in the hospital when the notification was sent to the property owner and was not made aware of the violation until some 20 days later. Mr. Bennett contacted Frank Osorio, Code Enforcement Officer, and advised him that an architect had been hired to draw up blueprints to be submitted for a building permit. He stated that Mr. Osorio advised him that he would bring the Code Enforcement Board up to date at the August 3, 1998, meeting, and that Mr. Bennett would not need to attend the meeting. Mr. Bennett also stated that the work stopped until after the permit was issued but admitted that the job was 95% complete. Mr. Koch advised the Commission that the Code Enforcement Board gave the property owner an additional 30 days to comply. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Etling, to deny the abatement request. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde -yes Mayor Cali - no Commissioner Mikes—yes CITY OF DANIA BEACH MINUTES 18 JANUARY 12, 1999 t f ' r , 7 r r 7.3 Request for abatement by Robert and Rhonda Shaw, 5030 SW 29 Avenue, regarding CEB97-0377. City Attorney Ansbro reported that he had received a call from the law office of David Stern, claiming that the property had gone into foreclosure before the City's lien was recorded and asked that the item be deferred pending receipt and review of documentation from David Stern's office. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Etling, to defer Item 7.3 until the legal documents can be reviewed by the City Attorney. The motion passed unanimously. 7.4 Request for abatement by Mark Charles Held, 257 SW 7 Street, regarding CES98-0103. Terry Virta, Growth Management Director, advised that Mr. Held was present earlier, but had to leave due to illness and asked for a two week continuance. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde, to continue Item 7.4 until January 26, 1999. The motion passed unanimously. 7.5 Discussion of Dania Beach Grill Lease. City Manager Smith explained that the Beach Grille Lease was due to expire in February and advised that the current lease holder was interested in extending his lease. He asked for direction as to whether to enter into negotiations with the current lease holder or advertise for Requests for Proposals (RFP). Commissioner Mikes thought that an RFP would be appropriate but thought that the hours of operation should be set by the Commission. He also felt that the concession rights should not be included in the lease for the beach grill. Mayor Cali thought that the City should negotiate with the current lease holder, first and if not successful, then proceed with the RFP process. Mr. Demas, current lease holder, advised the City Commission that he had submitted a ten-year lease proposal to the City Manager. City Attorney Ansbro explained that the proposal had not been reviewed, pending direction from the City Commission first. A motion was made by Vice-Mayor Etling, seconded by Commissioner Hyde, directing the City Manager and City Attorney to review the proposal submitted by Mr. Demas and to bring back a recommendation to the City Commission at the January 26, 1999, regular meeting. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—yes Vice-Mayor Etling —yes Commissioner Hyde - yes Mayor Cali -yes Commissioner Mikes—no CITY OF DANIA BEACH MINUTES 19 JANUARY 12, 1999 f f -r ADDENDUM ITEM 7.7 WAS HEARD BEFORE ITEM 7.6. 7.6 Discussion of City crime rate and hiring of consultants. Commissioner Mikes expressed concern about the City's crime rate and suggested that a workshop be scheduled with the Housing Authority, Chamber of Commerce and the Sheriffs Office to try to structure the City's land use in order to bring the crime rate down. He also suggested the possibility of hiring a consultant. Chief Anton reported that from November of 1997 through November of 1998, Part I crimes were reduced by 18.5% and Part II crimes were reduced by 15.8%; auto theft was reduced by 34%; burglary was reduced by 31%; aggravated staulking was reduced by 50%; aggravated assault was reduced by 34%; robbery was reduced by 13%; forceable sex was reduced by 10% and murder was reduced by 50%. AT 12:10 A.M. A MOTION WAS MADE BY VICE-MAYOR ETLING, SECONDED BY COMMISSIONER MIKES TO EXTEND THE MEETING TO 12:15 A.M. THE MOTION PASSED WITH COMMISSIONER HYDE VOTING NO. ADDENDUM 7.7 Request for temporary trailer by Bass Pro Shops Outdoor World for events from January 21 through 24. Richard Black, Promotions Manager, Bass Pro Shop Outdoor World, requested approval for a temporary trailer for four days. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to grant a one year blanket approval from January 1, 1999 through December 31, 1999, for Bass Pro to use temporary trailers and/or tents for up to two events, not to exceed 30 days per event, provided that all fire and safety codes are met. The motion passed unanimously. ITEM 7.7 WAS HEARD BEFORE ITEM 7.6 AND AT 12:00 MIDNIGHT, A MOTION WAS MADE BY VICE-MAYOR ETLING, SECONDED BY COMMISSIONER BERTINO, TO EXTEND THE MEETING TO 12:05 A.M. THE MOTION PASSED UNANIMOUSLY. 8. APPOINTMENTS 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 One alternate member appointment needed on Code Enforcement Board. NO APPOINTMENTS WERE MADE. CITY OF DANIA BEACH MINUTES 20 JANUARY 12, 1999 t f r-- / 9. ADMINISTRATIVE REPORTS 9.1 City Manager Smith reported that the City's annexation proposal was passed by the annexation sub-committee and would be heard on Wednesday night by the Legislative Delegation. Mr. Smith stated that the regular commission meetings scheduled for February 9, 1999, and March 9, 1999, would fall on election days, and recommended that they be rescheduled. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Etling, to reschedule the February 9, 1999, regular meeting to February 10, 1999, due to the primary election and to move the March 9, 1999, organizational/regular meeting to March 16. 1999, due to the general election. The motion passed unanimously. 9.2 City Attorney Ansbro stated that the site plan for Dismas House was never approved because the special exception was denied. He stated that Dismas House was requesting that the site plan be resubmitted to the Commission for approval. It was the general consensus of the Commission to place the request for site plan approval on the agenda for the next regular meeting of January 26, 1999. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino stated that a three-way stop was needed at the intersection located at the northeast corner of Frost Park. City Manager Smith explained that the three-way stop was requested, but was turned down by Broward County Traffic Engineering. Commissioner Bertino asked City Attorney Ansbro to research this issue for any recourse. 10.2 Commissioner Hyde reported that he had submitted a letter to the City Clerk requesting that his name be withdrawn from the February 9, 1999, election ballot. AT 12:15 A.M. A MOTION WAS MADE BY VICE-MAYOR ETLING, SECONDED BY COMMISSIONER BERTINO, TO EXTEND THE MEETING FOR THREE MINUTES. THE MOTION PASSED DNA 3/2 VOTE. 10.3 Commissioner Mikes thought it was a healthy process to produce new candidates for commissioner, but felt that most people don't want the job of commissioner. 10.4 Vice-Mayor Etling stated that a couple of sign styles and a couple of ratios with wall signs were not included in the newly proposed sign ordinance and should be clarified. He asked that these revisions be added to the ordinance. It was the general consensus of the Commission to include these revisions. 10.5 Mayor Cali advised that the City Scholarship Fund benefit would be held at Dania Jail Alai on Saturday night and encouraged everyone's support. CITY OF DANIA BEACH MINUTES 21 JANUARY 12, 1999 i d ' r 7 THE MEETING ADJOURNED AT 12:26 A.M. ATTEST: ! „ /' MAYOR ECOMMISSIONER ACTING CITY CLERK Respectfully submitted by Nanci Denny APPROVED BY CITY COMMISSION: 7/11/2000 CITY OF DANIA BEACH MINUTES 22 JANUARY 12, 1999 .f r r h r MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 12, 1999 MAYOR CALI CALLED THE MEETING TO ORDER AT 7:30 P.M. INVOCATION AND PLEDGE OFALLEGIANCE "Reverend T. Lewis, Gethsemane Missionary Church ROLL CALL Mayor: Jim Cali Vice Mayor: John Etling Commissioners: John Bertino Bill Hyde Bob Mikes City Attorney: Thomas Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Saltalamacchia PRESENTATIONS 'Mr. & Mrs. Costello presented Certificates of Appreciation to Mayor Cali and City of Dania Beach for support of the Spina Bifida Association of South Florida Holiday Party on December 12, 1998. PROCLAMATIONS 1. A proclamation declaring January 14, 1999, as "Tropical Acres Day"in the City of Dania Beach ITEM 1.1 WAS PULLED FROM THE CONSENT AGENDA AND TITLES OF ITEMS 1.7 AND 1.8 WERE READ BYATTORNEYANSBRO. 1. CONSENTAGENDA Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CHANGE ORDER SUBMITTED BY COASTAL CONTRACTING & DEVELOPMENT REDUCING THE ORIGINAL CONTRACT PRICE OF $637,250.00 TO $635,845.00 FOR RENOVATION OF FIRE STATION NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR THE PURPOSE OF PROVIDING A COOPERATIVE RADIO CITY OF DANIA BEACH- MINUTES SUMMARY 1 JANUARY 12, 1999 r F, r 7 / DISPATCH SERVICES CENTER FOR THE CITY OF DANIA BEACH FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 23RD YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SOUTHWEST IMPROVEMENTS PHASE III, UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS; PROVIDING FOR AN EXTENSION OF THE TERMINATION DATE OF THE AGREEMENT FROM FEBRUARY 28, 1999, TO AUGUST 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." (STAFF) 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF DANIA BEACH;AND PROVIDING AN EFFECTIVE." (STAFF) 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH BROWARD COUNTY FOR AN ENHANCED MARINE LAW ENFORCEMENT GRANT COVERING THE FISCAL YEAR 1999/2000; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) MOTION WAS PASSED UNANIMOUSLY APPROVING THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 1.1. Ordinances-First reading of Ordinance. Title to be read by City Attorney 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REPEALING SEC. 3.30(F) OF THE DANIA CITY CODE PERTAINING TO ANNEXED PROPERTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; ;AND PROVIDING THAT ALL ORDINANCE OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."(FIRST READING OF ORDINANCE) CITY OF DANIA BEACH. MINUTES SUMMARY 2 JANUARY 12, 1999 L f er r 7 F ' MOTION PASSED UNANIMOUSLY ADOPTING ORDINANCE ON FIRST READING. 1.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "CARIB PLAT NO. 2", SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA 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 "CARIB PLAT NO. 2"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE— PL-65-98) MOTION PASSED UNANIMOUSLY ADOPTING ORDINANCE ON FIRST READING ITEM PULLED FROM CONSENT AGENDA: Minutes: 1.1 Approval of minutes of Regular Meeting, December 8, 1998. MOTION PASSED UNANIMOUSLY CONTINUING ITEM 1.1 TO JANUARY 28 1999 FOR A VERBATIM TRANSCRIPT OF ITEM 3.2 TO BE INCLUDED IN THE MINUTES OF DECEMBER 8 1998. 2. BIDS—NONE 3. 3. PUBLIC HEARINGS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6.21, WHICH SECTION IS ENTITLED "OFF-STREET PARKING", OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE A REGULATION WHICH WILL REQUIRE THE PROVISION OF PARKING SPACES FOR OCCUPANTS OF GAMBLING BOATS; FURTHER, CHANGING THE CURRENT PARKING REQUIREMENTS FOR YACHT CLUBS, BOAT MARINAS, CHARTER BOATS AND SIGHTSEEING BOATS; 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; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING AND PUBLIC HEARING) MOTION PASSED UNANIMOUSLY ADOPTING ORDINANCE ON FIRST READING AND TAKE ORDINANCE BACK TO THE PLANNING & ZONING BOARD FOR CHANGES TO RATIOS BEFORE SECOND READING. CITY OF DANIA BEACH- MINUTES SUMMARY 3 JANUARY 12, 1999 f s r 7 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE 'INDUSTRIAL" DESIGNATION; PROVIDING THAT THEE MORATORIUM SHALL ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES INI SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIIDING DIRECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR." (FIRST READING AND PUBLIC HEARING) MOTION PASSED UNANIMOUSLY ADOPTING ORDINANCE ON FIRST READING EXTENDING MORATORIUM TO JULY 27 1999. 3.3 VC-60-98 - "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, 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." MOTION PASSED UNANIMOUSLY CONTINUING RESOLUTION TO JANUARY 26. 1999 3.4 VA-58-98 - "A RESOLUTION APPROVING VARIANCE REQUEST BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, OWNER OF PROPERTY COMMONLY KNOWN AS (GRAND PRIX RACE-O-RAMA), FROM CHAPTER 28 ZONING, ARTICLE 16.60 RELATING TO HEIGHT REQUIREMENTS FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL CITY OF DANIA BEACH- MINUTES SUMMARY 4 JANUARY 12, 1999 _f ti r y / RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED, UNANIMOUSLY ADOPTING RESOLUTION APPROVING VA-58-98. 3.5 SE-58-98- "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY MICHAEL MOGERMAN, REPRESENTING THE OWNER, FESTIVAL FUN PARKS, (GRAND PRIX RACE-O-RAMA) FOR PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED IN ITS ENTIRETY FOR A COMMERCIAL RECREATIONAL USE AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED WITH COMMISSIONER MIKES VOTING NO ADOPTING RESOLUTION APPROVING SE-58-98 WITH THE FOLLOWING STIPULATIONS: AN AGREEMENT BE WORKED OUT WITH DEP. CHIEF BROWN AND BSO CHIEF ANTON ON PROVIDING POSSIBLE ADDITIONAL EMS/POLICE DETAIL FOR FRIDAYS SATURDAYS AND SUNDAYS IN ORDER TO REDUCE CALL SERVICES AT FACILITY; NO BUILDING C/O TO BE ISSUED UNTIL SUCH AGREEMENT IS REACHED WITH CHIEFS; TWO (2) EXISTING BILLBOARDS BE REMOVED AT EARLIEST POSSIBLE DATE BASED UPON LEGAL REVIEW OF LEASES BY ATTORNEY ANSBPO AND MR. MOGERMAN TO PROVIDE COPIES OF BILLBOARD LEASES FOR CITY ATTORNEY (CONTINUED FROM 12/8198 REGULAR MEETING) 3.6 VA-48-98 - "A RESOLUTION APPROVING VARIANCE REQUEST BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. I PUBLIX, FROM CHAPTER 26, SECTION 26.50 (B) AND CHAPTER 28, ZONING 6.64 IN RELATION TO CONSTRUCTION OF A PUBLIX SHOPPING CENTER AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31ST AVENUE. 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." VARIANCE DESCRIPTIONS: a) Chapter 26, Vegetation, Section 26.50 (b) requires a six-foot masonry wall or solid wooden fence five (5) feet off the residential zoned or used property. The petitioner is requesting approval of a CITY OF DANIA BEACH- MINUTES SUMMARY 5 JANUARY 12, 1999 .f r, P r / variance to allow the existing six-foot high masonry wall to satisfy the requirement. b) Chapter 28, Zoning 6.64, Principal Arterial Commercial Design Standards Overlay, (4d) requires roofs to be pitched with generous overhangs and incombustible material such as shingle, clay tile, cement tile, or metal. The petitioner is requesting approval of a variance to construct a "Parapet Roof' in lieu of a peak roof on the proposed Publix building. MOTION PASSED UNANIMOUSLY ADOPTING RESOLUTION ROVING APP VA-48-98. (CONTINUED FROM 12/8/98 REGULAR MEETING) 3.7 ZONING APPEAL — Request by Frank Philpot, owner of A to X Video Outlet, located at 1920, 1922 and 1926 Stirling Road, to appeal decision made by City Administration Officials alleging a violation of Chapter 28 Zoning, Article 22. MOTION PASSED UNANIMOUSLY CONTINUING ITEM 3.7 INDEFINITELY UNTIL CITY ATTORNEY DECIDES 70 BRING BACK. 4. SITE PLANS (CONTINUED FROM 1218198 REGULAR MEETING) 4.1 SP-49.98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. / PUBLIX SHOPPING CENTER, FOR PROPERTY LOCATED ALONG GRIFFIN ROAD AND SW 31s' AVENUE, ALSO KNOWN AS THE BANYAN OAKRIDGE COMMERCIAL PLAT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED UNANIMOUSLY ADOPTING RESOLUTION APPROVING SP-4i- I WITH FOLLOWING STIPULATIONS: REGAL VENTURES INC./ LIX AG PUBREES TO BUILD BUS PICKUP FACILITY FOR SCHOOL CHILDREN IN PLACE OF A TRUCK TURN AROUND AREA UPON RESIDENTS OBTAINING APPROVAL FROM BROWARD COUNTY SCHOOL BOARD CITY AGREES TO ALLOW TRUCK DELIVERY HOURS FROM 7:00 A.M. TO 7:00 P.M. REGAL VENTURES/PUBLIX WILL INSTALL APPROPRIATE "EXIT ONLY" SIGNS DIRECTING TRUCKS REGAL VENTURES/PUBBIX AGREES TO SUBSTITUTE ROYAL PALM RE3 TREES WHERE WAX MYRTLE CITY OF DANIA BEACH- MINUTES SUMMARY 8 JANUARY 12, 1999 t- .. f r 7 / (LJ3) TREES ARE DESIGNATED ON LANDSCAPING PLAN; CITY WILL ASSIST PETITIONER IN LOCATING ROYAL PALM TREES AT REASONABLE COST. 4.2 SP-59-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED, WITH COMMISSIONER MIKES VOTING NO ADOPTING RESOLUTION APPROVING SP-59-98 WITH THE FOLLOWING STIPULATIONS: AN AGREEMENT BE WORKED OUT WITH DER CHIEF BROWN AND BSO CHIEF ANTON ON PROVIDING POSSIBLE ADDITIONAL EMS/POLICE DETAIL FOR FRIDAYS SATURDAYS AND SUNDAYS IN ORDER TO REDUCE CALL SERVICES AT FACILITY: NO BUILDING C/O TO BE ISSUED UNTIL SUCH AGREEMENT IS REACHED WITH CHIEFS: TWO (2) EXISTING BILLBOARDS BE REMOVED AT EARLIEST POSSIBLE DATE BASED UPON LEGAL REVIEW OF LEASES BY ATTORNEY ANSBRO AND MR. MOGERMAN TO PROVIDE COPIES OF BILLBOARD LEASES FOR CITY ATTORNEY. 4.3 SP-62-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY LOUIS BIANCO, OWNER, FOR PROPERTY LOCATED AT 4958 SW 28T" AVENUE, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED, UNANIMOUSLY ADOPTING RESOLUTION APPROVING SP-62-98. 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. 5.1 Bobbie Grace—Consideration of proposal from citizens and neighborhood organizations in Northwest area of Dania Beach renaming Modello Park in honor of Charlie Will Thomas. CITY OF DANIA BEACH- MINUTES SUMMARY 7 JANUARY 12, 1999 t L - r, f 7 r 7 / MOTION PASSED UNANIMOUSLY FORWARDING RECOMMENDATION ON RENAMING MODELLO PARK TO CHARLIE WILL THDMAS COMMUNITY PARK TO THE PARKS & RECREATION BOARD FOR REVIEW AND RECOMMENDATION BACK TO THE CITY COMMISSION. 5.2 Lewis Gusdorff—Purchasing two parcels on Dania Beach. Mr. Gusdorff was not present 6. EXPENDITURE REQUESTS 6.1 'RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SOUTH FLORIDA TOURIST COUNCIL FOR ADMINISTRATIVE SERVICES TO BE PERFORMED BY THE CITY RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE - PRIVATE-PUBLIC PILOT PROGRAM; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." MOTION PASSED UNANIMOUSLY ADOPTING RESOLUTION EXTENDING AGREEMENT UNTIL MARCH l 1999. 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of entering into an Interlocal Agreement with Broward County and neighboring communities to share resources and expertise for fire protection and emergency medical services. (Mayor Cali) MOTION PASSED UNANIMOUSLY DIRECTING CITY MANAGER SMITH CITY ATTORNEY ANSBRO DEPUTY CHIEF BROWN AND ANY OTHER STAFF MEMBERS NEEDED TO ENTER INTO DISCUSSIONS WITH BROWARD COUNTY EMS REGARDING POSSIBLE SHARED RESOURCES 7.2 Request for abatement by James Lavin for/and Village Club LLP, 500 NE 2 Avenue, regarding CEB98-0119, (Staff) MOTION PASSED WITH MAYOR CALI VOTING NO DENYING ABATEMENT. 7.3 Request for abatement by Robert and Rhonda Shaw, 5030 SW 29 Avenue, regarding CEB97-0377. (Staff) MOTION PASSED UNANIMOUSLY CONTINUING REQUEST UNTIL A LEGAL REVIEW IS CONDUCTED BY ATTORNEY ANSBRO ON A POSSIBLE FORECLOSURE BEING FILED PRIOR TO CITY'S LIEN. CITY OF DANIA BEACH- MINUTES SUMMARY 8 JANUARY 12, 1999 f r 7.4 Request for abatement by Mark Charles Held, 257 SW 7 Street, regarding CEB98-0103. (Staff) I MOTION PASSED UNANIMOUSLY CONTINUING REQUEST TO JANUARY 26_, 199g, 7.5 Discussion of Dania Beach Grill Lease. (City Manager) MOTION PASSED WITH COMMISSIONER MIKES VOTING NO DIRECTING STAFF TO REVIEW PROPOSAL SUBMITTED BY MR. DEMAS AND BRING BACK AT MEETING . JANUARY 26 1999 REGULAR 7.6 Discussion of City crime rate and hiring of consultants. (Commissioner Mikes) COMMISSIONER MIKES REQUESTED A WORKSHOP WITH A LAND USE CONSULTANT MEMBERS OF THE CHAMBER OF COMMERCE AND HOUSING AUTHORITY TO REVIEW THE IDEA OF SECURITY THROUGH ENVIRONMENTAL DESIGN. ADDENDUM 7.7 Request for Temporary Trailer by Bass Pro Shops Outdoor World for events from January 21 through 24. (Staff) MOTION PASSED UNANIMOUSLY TO APPROVE REQUEST FOR A TEMPORARY TRAILER FROM JANUARY 21 THROUGH 24 EVENT AND GRANT A ONE YEAR BLANKET APPROVAL JANUARY 1 1999 THROUGH DECEMBER 31 1999 FOR BASS PRO TO USE TEMPORARY TRAILERS AND TENTS FOR UP TO TWO 2 EVENTS INOT TO EXCEED 30 DAYSEREVENT WITH STAFFS APPROVAL THAT ALL FIRE CODES SAFETY CODES LIFE SAFETY CODES AND SOUTH FLORI'A BUILDING CODES ARE MET. 8. APPOINTMENTS—NO APPOINTMENTS 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. CITY OF DANIA BEACH- MINUTES SUMMARY g JANUARY 12, 1999 f e� r -r 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 One alternate member appointment needed on Code Enforcement Board, 9. ADMINISTRATIVE REPORTS 9.1 City Manager— MOTION PASSED UNANIMOUSLY TO MOVE FEBRUARY 9 1999 REGULAR MEETING TO FEBRUARY 10 1999 DUE TO PRIMARY ELECTION ON FEBRUARY 9 AND MOVE MARCH 9 1999 REGULAR MEETING TO MARCH 16 1999 FOR ORGANIZATIONAL/REGULAR COMMISSION MEETING DUE TO GENERAL ELECTION MARCH 9 1999. 9.2 City Attorney CITY ATTORNEY TO BRING BACK SITE PLAN FOR DISMAS HOUSE AT NEXT REGULAR MEETING. 10. COMMISSION COMMENTS MEETING ADJOURNED AT 12:26 A.M. CITY OF DANIA BEACH- MINUTES SUMMARY 10 JANUARY 12, 1999 i L r 7 AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 1 Z 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 T. Lewis, Gethsemane Missionary Church PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS-NONE PROCLAMATIONS-NONE 1. CONSENTAGENDA Minutes: 1.1 Approval of minutes of Regular Meeting, December 8, 1998. Resolutions: 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CHANGE ORDER SUBMITTED BY COASTAL CONTRACTING & DEVELOPMENT REDUCING THE ORIGINAL CONTRACT PRICE OF $637,250.00 TO $635.845.00 FOR RENOVATION OF FIRE STATION NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE." (STAFF) 1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR THE PURPOSE OF PROVIDING A COOPERATIVE RADIO DISPATCH SERVICES CENTER FOR THE CITY OF DANIA BEACH FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE.- (STAFF) 1.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 23RD YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SOUTHWEST CITY OF DANIA BEACH AGENDA 1 JANUARY 12, 1999 f r r y IMPROVEMENTS PHASE III, UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS; PROVIDING FOR AN EXTENSION OF THE TERMINATION DATE OF THE AGREEMENT FROM FEBRUARY 28, 1999, TO AUGUST 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." (STAFF) 1.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF DANIA BEACH; AND PROVIDING AN EFFECTIVE." (STAFF) 1.6 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH BROWARD COUNTY FOR AN ENHANCED MARINE LAW ENFORCEMENT GRANT COVERING THE FISCAL YEAR 1999/2000; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (STAFF) Ordinances-First reading of Ordinance. Title to be read by City Attorney 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REPEALING SEC. 3.30(F) OF THE DANIA CITY CODE PERTAINING TO ANNEXED PROPERTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; ; AND PROVIDING THAT ALL ORDINANCE OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE) 1.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA. APPROVING "CARIB PLAT NO. 2", SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA 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 PROVIDING FOR SEVERABILITY FURTHER,UC PROVIDING R H PLAT OF RI B PLAT O AN EFFECTIVE' DATE."(FIRST READING OF ORDINANCE-PL-65-98) 2. BIDS-NONE 3. PUBLIC HEARINGS 3.1 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6.21, WHICH SECTION IS ENTITLED "OFF-STREET PARKING", OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE A REGULATION WHICH WILL REQUIRE THE PROVISION OF PARKING SPACES FOR OCCUPANTS OF GAMBLING BOATS; FURTHER, CHANGING THE CURRENT PARKING REQUIREMENTS FOR YACHT CLUBS, BOAT MARINAS, CHARTER BOATS AND SIGHTSEEING BOATS; 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; FURTHER, CITY OF DANIA BEACH AGENDA 2 JANUARY 12, 1999 f r 7 PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING AND PUBLIC HEARING) 3.2 "AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE 'INDUSTRIAL" DESIGNATION; PROVIDING THAT THEE MORATORIUM SHALL ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES INI SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIIDING DIRECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR." (FIRST READING AND PUBLIC HEARING) 3.3 VC-60-98 -"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, 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." 3.4 VA-58-98 - "A RESOLUTION APPROVING VARIANCE REQUEST BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, OWNER OF PROPERTY COMMONLY KNOWN AS (GRAND PRIX RACE-O-RAMA), FROM CHAPTER 28 ZONING, ARTICLE 16.60 RELATING TO HEIGHT REQUIREMENTS FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, 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." 3.5 SE-58-98- "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY MICHAEL MOGERMAN, REPRESENTING THE OWNER, FESTIVAL FUN PARKS, (GRAND PRIX RACE-O-RAMA) FOR PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA, FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED IN ITS ENTIRETY FOR A COMMERCIAL RECREATIONAL USE AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." CITY OF DANIA BEACH AGENDA 3 JANUARY 1$ 1999 t r _I F ' (CONTINUED FROM 12/8/98 REGULAR MEETING) 3.6 VA-48-98 — "A RESOLUTION APPROVING VARIANCE REQUEST BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. / PUBLIX, FROM CHAPTER 26, SECTION 26.50 (B) AND CHAPTER 28, ZONING 6.64 IN RELATION TO CONSTRUCTION OF A PUBLIX SHOPPING CENTER AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31ST AVENUE. 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." VARIANCE DESCRIPTIONS: a) Chapter 26, Vegetation, Section 26.50 (b) requires a six-foot masonry wall or solid wooden fence five (5) feet off the residential zoned or used property. The petitioner is requesting approval of a variance to allow the existing six-foot high masonry wall to satisfy the requirement. b) Chapter 28, Zoning 6.64, Principal Arterial Commercial Design Standards Overlay, (4d) requires roofs to be pitched with generous overhangs and incombustible material such as shingle, clay tile, cement tile, or metal. The petitioner is requesting approval of a variance to construct a "Parapet Roof' in lieu of a peak roof on the proposed Publix building. (CONTINUED FROM 12/8/98 REGULAR MEETING) 3.7 ZONING APPEAL — Request by Frank Philpot, owner of A to X Video Outlet, located at 1920, 1922 and 1926 Stirling Road, to appeal decision made by City Administration Officials alleging a violation of Chapter 28 Zoning, Article 22. (City Attorney recommends continuance) 4. SITE PLANS (CONTINUED FROM 1218198 REGULAR MEETING) 4.1 SP-49-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. / PUBLIX SHOPPING CENTER, FOR PROPERTY LOCATED ALONG GRIFFIN ROAD AND SW 31ST AVENUE, ALSO KNOWN AS THE BANYAN OAKRIDGE COMMERCIAL PLAT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 4.2 SP-59-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 4.3 SP-62-98 — "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY LOUIS BIANCO, OWNER, CITY OF DANIA BEACH AGENDA 4 JANUARY 12, 1999 f r 7 I, r FOR PROPERTY LOCATED AT 4958 SW 28TH AVENUE, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 5. CITIZENS, COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR SHOULD BE GIVEN INOR COMMUNICATED VERBALLY PRIOR TO 4 00 P.M.NDA THE SECOND (2ND) AND FOURI TING TH (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 ADDRESS THE COMMISS OND, THEDURINGCITIZEN THE MEETING. COMMENTS SHAL(S) OR PARTY WILLBL BE LIMIT EDASKEOTO THREE(3)MINU EITY S. 5.1 Bobbie Grace—Consideration of proposal from citizens and neighborhood organizations in Northwest area of Dania Beach renaming Modello Park in honor of Charlie Will Thomas. li. EXPENDITURE REQUESTS 6.1 "RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SOUTH FLORIDA TOURIST COUNCIL FOR ADMINISTRATIVE SERVICES TO BE PERFORMED BY THE CITY RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE - PRIVATE-PUBLIC PILOT PROGRAM; 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." 7. DISCUSSION AND POSSIBLE ACTION 7.1 Discussion of entering into an Interlocal Agreement with Broward County and neighboring communities to share resources and expertise for fire protection and emergency medical services. (Mayor Cali) 7.2 Request for abatement by James Lavin for/and Village Club LLP, 500 NE 2 Avenue, regarding CEB98-0119. (Staff) 7.3 Request for abatement by Robert and Rhonda Shaw, 5030 SW 29 Avenue, regarding CEB97-0377. (Staff) 7.4 Request for abatement by Mark Charles Held, 257 SW 7 Street, regarding CEB98-0103. (Staff) 7.5 Discussion of Dania Beach Grill Lease. (City Manager) 7.6 Discussion of City crime rate and hiring of consultants. (Commissioner Mikes) 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 CITY OF DANIA BEACH AGENDA 5 JANUARY 12, 1999 L l F, r r 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. "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. CITY OF DANIA BEACH AGENDA 6 JANUARY 12, 1999 4- r f 7 "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 One alternate member appointment needed on Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER ON THE CODE ENFORCEMENT BOARD TO SERVE THREE YEAR TERMS; 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@ertino 10.2 Commissioner Hyde 10.3 Commissioner Mikes 10.4 Vice-Mayor Etling 10.5 Mayor Cali CITY OF DANIA BEACH AGENDA 7 JANUARY 12, 1999 h r 7 (, a ADDENDUM DANIA CITY COMMISSION REGULAR MEETING JANUARY 12, 1999 PROCLAMATIONS: 1. A proclamation declaring January 14, 1999, as "Tropical Acres Day" in the City of Dania Beach 5. CITIZENS'COMMENTS: 5.2 Lewis Gusdorff— Purchasing two parcels on Dania Beach. 7. DISCUSSION AND POSSIBLE ACTION:: 7.7 Request for Temporary Trailer by Bass Pro Shops Outdoor World for events from January 21 through 24. (Staff) f L r t, r -r OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, Tropical Acres opened as a steak house in 1949 and soon became a favorite eating place for area residents; and WHEREAS, subsequent to being gutted by fire in the early 1960's, Jack Studiale, cousin of the original owner, encouraged him to rebuild and later purchased the popular eatery which has remained in his family ever since; and WHEREAS, the name "Tropical Acres" has become synonymous with excellence in fine dining and has stood the test of time, being a member of a dying breed of successful independently owned and operated restaurants; and WHEREAS, the success of this establishment can be attributed not only to the high quality and reasonably priced food served but to the people employed by the Studiales, most of whom have amassed many years of service and who strive to make each and every customer feel like they are a member of a large friendly family; and WHEREAS, the City Commission of the City of Danja Beach Florida, wishes to recognize its importance to our community, its owners and its many long-time employees, all of whom have made certain over the years that each and every person entering its portals will receive not only a delicious meal but a unique dining experience as well. NOW, THEREFORE, I, Jim Cali, as Mayor of the City of Dania, Florida, do hereby proclaim January 14, 1999, "TROPICAL ACRES DAY" in the City of Dania Beach and urge all of my fellow citizens to join me in recognizing the contributions this restaurant, its owners and staff, have made to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 12T"day of January, 1999. JIM CALI, Mayor ATT T: ARIE JA EE, City Clerk f L fir-.