HomeMy WebLinkAbout31177 - MINUTES - City Commission i
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MINUTES t
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 25, 1990
INVOCATION BY REVEREND HOWARD
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PLEDGE OF ALLEGIANCE
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ROLL CALL:
Present :
Mayor: Charles McElyea
Vice Mayor: Bob Miles
Commissioners ; Jean Cook
Bobbie Grace
Jahn Bertino
Asst .City Attorney: Tim Ryan
City Manager: Robert Flatley
City Clerk : Wanda Mullikin
PRESENTATIONS i
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B.S .O. Officer of the Month f
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Captain Carney, B . S .O. , explained that. Deputy Michael Lerman has
been assigned to Dania as Motorman for the past year and that
this position has now been eliminated and replaced by a Tactical
' Unit Officer. Captain Carney described and acknowledged the
accomplishments of Deputy Lerman over the past year with Dania .
Deputy Lerman was then presented with the Deputy of the Month »
Award for District K .
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Captain Carney mentioned that Octc,ber 20 thru October 28 has been
designated as "Red Ribbon Week" which is a national campaign to
educato youth in COmmnnitios against drugs . Captain Carney
stated that a number of activities , in cooperation with they
Chamber of Commerce, have been planned along with a poster and
essay contest with the local schools . Captain Carney welcomed
Commission involvement. and suggestions .
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Captain Carney reported on the three pleases of the RAP
(Reconstructive Awareness Program) that requires juvenile youths
that get, into trouble to come to Dania to do community service
work as part of their punishment .
Commissioner Cook commended Deputy Michael Lerman for his R
outstanding performance over this past year with Dania .
Commissioner Bertino expressed appreciation to Captain Carney for
his efforts in bringing the RAP program to Dania .
Mayor MrFlyea expressed his approciat ion and commendation to
Deputy Lerman .
PULLED FROM CONSENT AGENDA €
Commissioner- C<,ok rimpionted 1 . 1 bil pulled from t.lie Consent
Agenda .
1 . CONSENT AGENDA
Minutes
1 . 1 September 10 , workshop meeting
1 . 2 September 10 , special mooting
1 . 3 September 11 , regular meeting ( 1
REGULAR MEETING l SEPTEMBER 25, 1990
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Resolution
1 . 5 a ,si-stant City Attorney, Ti Ili Ryan , read then title
of the resolution ratifying and affirming the
expenditure of an additional sum of $4 , 450 .00 to cover i
the costs of emergency installation of filter media and
other corrective repairs at the (.iPy Water Treatment
Plant ; and providing for an effective date . f
A motion was made by Commt_ssioner Brace seconded by
Vice Mayor Mikes to approve the Consent Agenda as read
by Attorney Tim Ryan . i
The motion passed on the following roll call vote:
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Commissioner Rertinn-yes Vice-Mayor Mikos-yrrs
Ccunmissioner Cook-yes Mayor McFlyea -yes
1 Commissioner- grace-yes
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PULLED FROM CONSENT AGENDA
Ordinance (first: reading)
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1 . 4 Assistant City Attorney, Tim Ryan read the title
of the ordinance for first reading amending Section fi
17 , Article 7, Chaptar S , of the co(ji, of nrdinauce.s of r
the City of Dania , Florida , enlit] ed "�pr�raling a Roaf
Near Beach" ; and providing For an effer'tice date .
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Commissioner Cook stated that she 10(1114-0ed thla be
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brought bafnre the Conunis :ion ill an r effot to control
the dist.allre• that boils and jel �:ki :; ma\ rolne to flit, _
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beach area for safety purposes .
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A motion was made by Cnmmis:; ionel Cook , rrrconded h!t
jCommissioner Grave to adopt this ordinance rm first
reading entitled "Operating a Boat Noar [leach" .
1 The motion passed on the following roll "all cote :
I Commissioner Bert:incr yes `Mayor Mike ce•
Commissioner Cool,-Ye.; Mayor Mc Flyea-yf-s
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Commissioner Grace-yes
2. PROCLAMATTONS - none
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3. BIDS -- none
4 . PUBLTC HEARTNGS AND OTHER RMiLATED MATTERS C
4 . 1 Assistant City At t nrrleay , Tim Ryan , advi s;l the
Commi:;sion of a variancr.� (l'A -49-90) by Bruno
Laurenti to allow the erection of a 6 ' fenca in the
front yard ( 4 ' mdNimlrnl permitted) for property lnc died
at 243 SE 5 ,SltI t
hill A en , Growth Management DiI, r , explained that
ILis proposed 0 , fence will to lot woifl on the norlhern
section of t Ire prnprrl y at I ho l nI r rt;er,t ion of SF to
Street .and SE "1 Avenncr . `1r . .\llc- n staYod lit(- I11a1uling
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i F Boning Rr, trd recommended denill rls Choy felt IIn• i
i r7rlterla wag not HWI for .l l'al' IanCe III roll to ' 11 of
the znn i rig cods_, .
Lynn LrlllrenY i "d Ippl o%a nl 11w -nw;I I'llc I inn of
this fence due to safety reasons; for ht,r rhilrlren .
?Mayor Mo.ETyea npaned t he publ i I. I i n<l . fit.,I r i log no
one speak in favor or oppnr,ition , the Mayor clnserl the`
puhlir hearing .
REGULAR MEETING 2 SEPTEM151 25, 1990 n i
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A motion was made by Ccnnmissioner BE,rt ino, slcnnCle(l by )
Commissioner Cook to grant thir variance request VA-49-
90) to allow t:he erection of a 6 ' fence i❑ the front E
yard (4 ' maximum permitted) with a 30 , setback for t
clearance at 243 sE 5 Street .
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Kathy Kelly, Planning & Zoning Board , explained that
the Board denied this fence request as they felt the 4
w petitioner could build the fence in the backyard and j
not along the street and avenue of. the property .
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A motion was made by Vice Mayor Miler :seconded by
Commissioner Grace to table this requa ,t to the next
regular meeting of Octoher 9 .o that Will Allen cor.tld
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work with the petitioner to better locate the fence .
The motion passed on the frtllr_,wing roll call vole. :
Commissioner Berl. ino--Yes Vice-Mayor Mikes-yes
Commissioner Cook Yes Mayor P1cElyas-yes
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Commissioner Grace-yes
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4 . 2 Assistant City Attorney Ryan informed the
Commission of a variance (VA-50-90) request by Bryan
Beckwith to allow the construction t r)f a flat wall sign j
at; 1.40 North Federal Highway with the following 9
variances:
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a) 224 sq. ft . (B ' s 28 ' ) in size ( 40 sq. fI
permitted) ;
b) horizontal dimension of 28 ' (15 ' maxinnun
permitted) ;
c) sign content (only name of horsiness is permitted) .
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Bryan Becicwit.h , property owner, was present to request-
approval of. Chi.-, si.gn request .
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Will Allen, Growth Management Dircct:or, explained how
these reque ,ts e4r eed the reiqu i rement s (of title Downtown
Redevelopment District and mentioned that the Planning
& Zoning Board recommended denial as t.heY felt the
percentage of variance i ; too high.
Mayor McElyea opened the public herring . Robert Morall
and Paul Gallo spoke in favor .
A motion was made by Vice Mayor Mike!; , seconded by
Commissioner Cook to continue this variance request
(VA-50-90) to the next= regular mr�et my r,f ocCr,hcr 9 and i
for the petitioner to bring bacl: a color rendering !
showing both the side of the building and the coloring
of the e;ign that will be used .
Discussion followed regarding the Downtown t
i Redevelopment Committee looking into revising tha sign
ordinance to meet: requirements to the dr,wntowr, arc's of
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the city. i
Will Allan explained that there arc, sign requirements
in plane covering the Downtown Redevelopment area .
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The motion pa.,;sed on the following roll csll voLq :
Commissioner Bertino-yes Vica-Mayor Mikr.-rr. -ye:; -
conmri ssioner Coo}. Yes Mayor McElyes yes
Commissioner
4 . 3 Assistant City Attorney Ryan infr,rm��d the
Comnussion (')f a variance (l'A 51 -90) request by Robert
ltoward to allow the construction of a duplex on s lot
with 50 feet of frontage (60 fe-,et required) and 5, 000
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REGULAR MEETING 3 SEPTEMBER 25, 1990
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sq. ft . of area (6 , 000 sq. ft required) it 51.5 NW 3 s
Place . a.
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Mr. Robert lloward stepped forward to request approval
of this variance for property located at 515 NW 3
Place .
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Mayor McElyea opened the public hearing . Hearing no g
one speak in favor or opposition, the Mayor closed the
public hearing. i
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Will Allen Growth Management Director, informed the f
Commission that the Planning & Zoning Board recommended
approval clue to this proposal being consistent with the
neighborhood and the criteria being satisfied for G
granting the variance as described in Section 10 . 13 of
the zoning code. ,
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Mayor Mcflyca expressed hip; of granting
variances for duplexes .in lieu of requiring single
family homes that would better enhance the area .
A motion was made by Commissioner Cook , seconded by F
Commissioner Grace to grant the variance request (VA -
51-90) to allow the construction of a duplex on a lot
with 50 feet of frontage (60 feet required) and 9 , 000 �
sq . ft . of area (6 , 000 sq. ft . required) with adding
two additional freer; in the front; nor on each side of
the parking area .
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The auction passed on thc� following roll (,all vote : i
Commissioner Rertin"-yes Vice-Mayor_ Mikes -yes
Commissioner Cook-yes Mayor McFlyoa-no
j Commissioner Grace-yes
! 4 . 4 (A) Assistant City Attorney Ryan informed the Commission
of a variance (VA-53-90) request- by Gabriel M. Rove, the
Stellar Group to allow the construction of a warehouse:
1 distribution structure with the following variances :
a ) a 10 ' rear yard setback (20 sethack required) .
b) 50 parking sp3c.r (67 sjkv,p , required) .
Will Allen, Growth Management Director, explained that this k
request involves 1 . 3R2 arres of property located in the
newly annexed area that is ncn-lh of T 595 and on the
northside of SW 31 Street and SW 26 terrace . Mr. Allen
mentioned the proposed two story building will consist of )
29, 887 sq. ft and would be used to distribute fish products
and that 7500 sq. ft . will be used for office use. Mr. Allen
stated that the Planning & Zoning Board recommended approval
of the two variances . f
Mr . Allen explained that the second part of this request is
for site? plan (SP-54- 90) approval for a warehouse
distribution facility and mentioned that. the Planning &
Zoning Board recommended approval with two conditions ; to f
meet concurrency requirements and that the landscaping plans; i
he reviewed with the City Fcavater with the goal of
maintaining or Iransplantinq existing larger trepS if
possible.
Dincnssion foll"wod regarding the pet itloner_ ' s need to
remove and add trees to his project and the possibility of
transplanting some of these trees to locations in parks
throughout the City.
Commissioner Bertino suggested to designate green space on
the site plan for additional parking area if , in the future,
there was a need for more parking .
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REGULAR MEETING 4 SEPTEMBER 25, 1990
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Commissioner Cook suggested, in the future, to have the City
Forester' s recommendations ahead of time on site plan II
requests in an effort to save time for completing projects .
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to table 4. 4 (A) VA-53-90 and (B) SP-54- j
90 to the next regular meeting of October 9, 1990 in order
to obtain the recommendation of the City Forester. f
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-no Mayor McElyea-yes
Commissioner Grace-yes
Commissioner Cook expressed her concern for holding up a
petitioner' s project due to awaiting additional information
and suggested a special meeting be scheduled to expedite
this petitioner' s request .
4 . 5 Assistant City Attorney Ryan read the title of the
resolution as required by the City Charter and Section
200.065 Florida Statutes ap
proving the millage rate
necessary to be levied for the fiscal year 1990-91 .
City Manager Flatley mentioned that the millage will remain
the same at 5.78 and that his budget proposal involves a
multi-year capital improvement program, a five year sewer
influx and infiltration program, hiring some professional
staff to prepare to service the newly annexed property west
of Ravenswood and city property, fine tuning city services
relating to beach redevelopment and the Dania Beach bike
path. Mr. Flatley reported that the City has been
successful in resolving the Sewer Large User litigation as
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well as rehabilitating our future water supply sources. Mr.
Flatley added that computers will be purchased to assist the
Building & Zoning Department and that there will be
increased consideration to landscaping and redevelopment in
the downtown area . Mr. Flatley informed the audience that
he intends to look at several sources of funding relating to
grants for the airport runway expansion plans , the Tigertail
Lake Land Exchange, S .E. Dania drainage, rehabilitation of
the Dania Pier and the annexation referendum vote on
November 6. Mr. Flatley recommended approval of the millage
rate.
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At City Clerk Mullikin ' s request , Assistant City Attorney
Ryan read the resolution approving the millage rate of 5.78 I
in its entirety. 1
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Mayor McElyea opened the public hearing. Al Spies requested
clarification on whether the citizens in Dania can
anticipate an increase in property taxes even though the
millage rate has remained the same and stated that several
citizens in Dania contacted him with confusion over the E
advertisement published in the newspaper.
}At Commissioner Grace ' s request , City Manager Flatley �
explained that the millage rate stays the same but because
J the assessed valuation has climbed to 2. 35% over the
l rollback there is an increase in property values . Mr.
Flatley mentioned that people have not taken into
consideration the annual inflation rate of 4.7% and that
with the 2. 35% assessed valuation increase, the city is
still not keeping up with inflation from last year.
Vice Mayor Mikes concurred with Mr. Flatley ' s presentation
of the increased assessed property valuation due to the
I increase in inflation and mentioned that very few cities in
Broward County have been able to not increase their millage
rate as Dania has.
REGULAR MEETING 5 SEPTEMBER 25, 1990
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Commissioner Bert:ino ment.toned that people get confused
because they don ' t understand that the mi.11age rate will
remain the same but based on whether a person ' s property
valuation is increased or decreased by the County will
determine if they pay an increase or a decrease in property
taxes each year. I
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City Clerk Mullikin encouraged citizens to contact their
city officials regarding questions they may have on the
requirements of the trim bill an the advertising
requirements can he very confusing . Mrs . Mullikin stated
that the legi-slature , in their past session, was considering j
doing away with the advertising requirement when the millage
is not being increased . Mrs . Mullikin clarifier] that some
people will be paying more in property tales and some less
depending upon new construction and the assessed valuation
of their home based on the counLy ' s appraisal . Mr,,.
Mullikin mentioned that Dania will use the same millage rate
i of 5 . 78 per 1 , 000 dollar valuation of property but, since the
i county has increased property value thorn will be an
increase in revenue to Dania .
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A motion was made by Vice Mayor Mikes , seconded by
Commissioner Grace to adopt the resolution approving the j
millage rate of 5.7R%.
The motion passed on the following roll call vote:
Commissioner Bertino-no Vide-Mayor Mikes-yes
Commissioner Cook-no Mayor Mr.Flyea-yes �
Commissioner- Grace-yes
AT THIS TIME, ITEM 7 . 2 WAS DISCUSSED
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i 4 . 6 Assistant City Attorney Ryan read the resolution
in its entirety as required by the City Charter and
Section 200 .065 , Florida Statutes , approving the final
annual budget for the fiscal year 1990-91 .
Mayor McFlyea opened the public hearing . Hearing no � .
one speak in favor or opposition , the Mayor closed the
public hearing .
A motion was made by Vice Mayor Mikes , seconded by w
Commissioner Grace to adopt the resolution approving
the final annual budget of the City of Dania for the
fiscal year 1990-91 .
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The motion passed on the following roll call vote :
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Commissioner Bertinn-yes Vice--Mayer Mikes-yes
Commissioner Cook yesMayor McFlyea-yes
Commissioner Grace-yes {
1 .7 Assistant City Attorney read the resolution in it ;;
entirety adopting the annual water fund budget and
making apprrTriaticrns for the fiscal year beginning
october 1 , 19go and ending soptember 3o, 1991 , for the
maintenance and war rying on of the Water Department- of
the City of Dania .
Mayer McFlyca opened the public hearing . Hearing no
one speak in favor nr 1cpposition , 1-he Mayor closed the
public hearing .
A mot ion i4as made by C"m10 i ss i oner Her! l ivi, seconded by
Commissioner Cook to adopt the resolution approving the _
water fund budget for the fiscal year 1990-91 .
TIM
wilts:
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REGULAR MEETING 6 SEPTEMBER 25, 1990
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The motion passed on the f(Alowing roll call vote :
Commissioner Bertino yes Vice Mayor Mikesout uY room
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
4 . 8 Assistant. City Attorney Ryan read the resolution
in its entirety adopting the annual Sewer Fund Budget s
and making appropriations for the, fiscal year beginning
i October 1 , 1990 and ending September 30 , 1991 for the
maintenance and carrying on of the Sewer Department of
the City of Dania .
Mayor McElyea opened the public hearing. Hearing no
one speak in favor or oppnsition , the Mayor closed the
public hearing .
A motion was made by Commissioner Grace, seconded by �
Commissioner Bprtino to adnpt. the resnluti-on approving
the annual Sewer Fund Budget for the Fiscal year 1990-
91 . i
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The motion passed on the following ]`nll call vote :
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Commissioner Bertino-yes Vice-Mayor Mikes yes 6
Ccnnmis •i"cxrer Cook-yes Mayor McFlypa-yes
Commissioner Grace-yes
5. PIJBLTC HEARTNGS ( first: reading)
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5.1 Assistant City Attorney Ryan read the title of the
ordinance amending Section 5 . 36, Art. icle 5, Chapt.er 28
of the Code of Ordinances relating f.o fences in the
city of Dania .
Will Allen , Growth Manageitwnt Director , mentioned that
there has been several discu� si-on at workshop meetings
on this ordiratnce and gave hi ; rec(flill'Wilda lions on the
i items of concern as follows :
1 . To allow a 6 ' fene"e nn the strecrl sideyard;
2 . Regarding flip fence est.ending to the sidewalk or
requiring a 1 foot setback; lily. Allen stated that
requiringthe fence to the sidewalk would probably
create less of an area for catching of debris opposed
to landscaping requirements on the 1 foot setback;
3 . To require the decorative side of the fence to the
public; 1
4 . On where to measure the height of the fence; Mr .
Allen stated the fairest thing is to measure it from
the inside of the fence instead of from the grade of
the sidewalk as Ile feels this is the mast equitable way
for everyone t.n have a feucp that they can use at the
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same height .
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j Will ."Men ment iow-d that the other option for the
Comm,issicai to rOnsidr--•r would be to leave flip fence
1 request!; under thr,' variance procedure and deal with
each r«quest individually.
Cornmisr, ioner Cllr4k wked Mr . Allurl if a retaining w,rll
would be part of flip 6 ' fence nr over and above the 6 '
fence height .
Mr . Alle❑ mentioned that in this respect , ynn wnu111
require a ppr:;on to came in for variance approval .
Commissioner Grace stitted that- Mr . Allen has covered
everything that she wanted in this ordinance and since
this; is the first reading , she would wait until secrtnd
reading hefnre actually" going into clot of detail .
REGULAR MEETING 7 SEPTEMBER 25, 1990
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Mayor McElyea opened the public hearing . Hearing no !
one speak in favor or opposition , the Mayor closed the
public hearing .
A motion was made by commissioner Grave seconded by
Commi.ssismer Cool; to adopt this ordinance, on first
reading relating to fences in the City. !
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Commissioner Bertino felt there was a problem with
where the fence will be measured on the lots where
homes are built: R ' above sea level , but he will address,
this at the next meeting .
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Mayor McEl yea expressed his opinion tlrai These fence
requests .should remain cinder the variance process,s in an
effort to retain better control of the construction c,f
fences in the City . I
Vice Mayor Mikes stated that since Dania is not a huge city,
fence requests should remain under the variance procodurn in
order to ensure negative impact is not placed against
neighborhoods with a blanket approval process by adopting
this ordinance . Vice Mayor Mike., mentioned that in hardship i
cases , the Commission could decide to waive the fees fur the
variance as an appropriate way to address Pence requests . q
The motion passed on the f.ol ]owirig roll call vote:
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Commissioner Bertinr,-yes Vice-Mayor Mikes- uo
__ - Commissioner Cook-yes Mayor MrElyea -no
Commissioner Grace yesi
6. EXPENDTTURE REQUESTS none
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7 . DTSCIISSTON
7 . 1 Commi.<;sioner Bertino r,aques1er9 Qir,cnssiou of tho
deplorable condition of the Prank Mirrer property in
Dania .
Will Allen , Growth Management Direct,)-, reported that
A Code Enforcement has sited Mr . Mtrrer ' s property for
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having junk and debris in the parking area and for n"t
having a building permit for a ro,',f structure that has
been started . Mr . Allen mentioned that architectural
plans would have to be suhmitted and reviewed in order
for Mr. Mirrer to recBlVe a permit and that no plans
have been submitted .
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AT THIS TiME, THE COMMTSSTON MOVED TO 7 . 3
TTEM 7 .2 WAS DISCUSSED AFTER TTEM 4 . 5
7 . 2 Commissioner Bertino requested a iospons;e from
Tug-boat Annie ' s regarding wily they have nr,t removed G
the temporary tent that was Ir, he removed as of July j
27 .
Mr . David Graham stopped forwar-d to explain that the
temporary tent- in question was discovered to he a
permanent structure as a permit was Ohlained .r long
time ago for the s,lah. Mr. Grahaill stated that he
submit=test a plan to t.ire C i I } for construction of a
permanent tin roof over the slab and Ihat he was
advised that he would have to go thin site plan
approval . Mr. Graham mentioned that the site plan is
the same as was appr,,ved in 1981 but since this
structure exceeds 500 feet , it requires silo plan
review and that the site plan process tikes 90 days .
REGULAR MEETTNG R SEPTEMBER 25, 1990
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Mr . Graham submitted two proposals to the Commission ; s
First , that the Commission allow some flexibility in
j the site plan approval_ process so that he could remove €_
the tent immediately and construct l.hF permanent tin
roof before the site plan is reviewed; or secondly, t.o
i permit him an extension on removal of the tent as there
j is another billfish tournament and boat. show that will
be starting in 10 days.
Will Allen responded that there was a permit: issued for
the slab but he wasn ' t. sure 'if the ter was inc]_uded in
the permit as this was approved a 1-ong time ago. Mr' .
Allen stated that he advised Mr . Graham that the entire
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site plan will have to reviewed not ju t tlhe site that
the tent is Sitting on . Mr . Alen mentioned that t-here
is also the problem at Tugboat Ann _e ' s relating tc) the
expiration of the building permit for the extension n[
the restaurant .
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Commissioner Cook menti-oned that in the best interest
of business in the City that Mr . Gr_ahant should probably
be given an extension on the tent for 6 months and by i
that; time the site plan would be in order and he could
Co the permanent structure . 111
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Mr. Graham stated that, hiF; site plan has heeu updated
to show the tin r'nof that will lie a permanent. structure
over the slab area and that it is ready fir submissi-on
with all the required .
Will Allen stated that site plan review is a condition
of the City Code hilt rs not part of Iho 7oning ('()de and
that lie felt the Commission has the right to waive this
requirement if they with .
Assistant City Attorney Ryan confirmed that the
Commissiion can waive the site plan proses:; .
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A motion was made by Comm rssionk.r Ct,ok , secrnrded by
Commissioner Graces to waive t.Lc sit-e plan review
a y requirement per ^.ode and allow Tugboat Annie ' s to
construct a permanen a ruc
tl.i. V O over the pavilion at
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Tugboat Anni-e ' s and In m e reov tl!e existing tent as soon
as possible.
Will Allen gave an update on additional items to tie
concluded in reference t.o building permits that have
been issued at Tugboat Annie' !; and that- the permits
have expired . Mr. Allen stated that, there has been
alot of work completed in the interior ()f the hn "c" ng
without the proper permits being issued and that Code
Enforcement is in the process oC sit.ing `1r . Graham for
these violas.ions .
Vice Mayor Mikes expressed Iris opposition to) approving
construction of this structure without the Commission
having the benefit of reviewing the plant; .
Mr. Graham l espondl ,d I () the ccxle vi of at ion:; by :;1 0 ing
ghat tenants in the tnrilcling clirl rncl ion
Without the proper permits_ hur, that they arc' doing
everything to comply with suite at this tirue• .
City Manager Flatley m(�nt.ioned the prrhl;lem with th'•
lack of acoustics with not ron:;tructing an enclosed
struc e
t-ure and that residnts in the area will mo:,t 1
likely be complaining in the future .
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REGULAR MEETING 9 SEPTEMBER 25, 1990
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A motion was made by Vice Mayor MikoB to table this
request to the next regular meeting of October 9 and to
schedule a workshop in an effort to review exactly what
Mr. Graham will be constructing for design and acoustic
reasons .
Vice Mayor Mikes ' motion to table failed on the following r
roll call vote :
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Commissioner RPM no� Vice -Mayor Mikes -yes �
Commi-ssioner Cook--no Mayor McFlyoa-no
Commissioner Grace-yes
Commissioner Cock withdrew hoc earlier motion .
A motion was made by Commiss. ioner Berl ino, seconded I
Commissioner Conk to allow Tugboat Annie ' s Io leave the tent.
constructed for a six month period .so that there will he
ample tame to review the situ plan relating to constructing
the permanent structure .
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jThe motion passed on the following roll call vote:
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Commissioner Berta no-yes V i or-,-Mayor Mikes yos
Commissioner Cnok-yes Mayor MoFlyea-yes i
Commissioner nraco--yen
AT THIS TIME, THE COMMISSIONER RETURNED TO ITEM 4 . 6
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7 . 3 City Manager Flatley discnssed establishing a
restricted rccupalinnal license to Cover persons who � I-
7 . 5 wish to conduct a business from their homes as a meansof increased revenue, the City. Mr. Flatley stated that
Lhere would be several restrictions to this license to
ensure that; the residential area 'is not: impacted.
The Commission agreed to have Mr . Flatley preparea
proposed ordinance on information received from other
cities; regarding this proposal .
7 . 4 Vice Mayor Mikes requested to discuss providingnotice for encroachments at the next :scheduled workshop
meeting .City Manager Flatley rertuest-err the colmnission to
adopt the resolution in support of delaying the public
hearing process s rel at i ng to t ll,, ,airport runway
substantial deviation for develigmnent of regional
impact and rescinding the pnhli hed notice fur Novemher
1 and Decemher 18 pnhlic hearings as scheduled by
Dania . Mr . Flat-ley mentioned that the reason for this
delay is due to current data , Updated from 1980 , not
heiny ava11able and that h-» expcefs to resrrhr-duce
hearings by January . {
Mr. Flatley als;" requested approval of a posit ion paper
explaining Dania ' s position relating to the airport [
runway substantial deviation .
Vice Mayor Mikes requested to hold a public forum on i
vovembet 1 in order roc- the Brnward County Regional
Planning council to l I receive ,
3 t � _ public input
❑ n r from r' 'p ! 1 the City
of Dania . Vice Mayor Mikes I'eguest,'d to irlvilr• the
residents from the proposed annexati "n area as well as:
the affected residents in Dania and have the Planning
COUH&I and representatives from the airport here on -
\ovenibot I .
Vice Mayor Mikes, requested I acld the words "cxislijig Ash
and projected" to the third WHEREAS in the Resolution
and Ir, add an additional WHEREAS If read "The City of
Dania is requesting a permanent sound monitoring system t
REGUI,A:. MEETING 70 SEPTF:MBER 25, 1990
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utilizing a minimum of. five (9) stniions within the
City of Dania shall be installed, and''
A motion was made by Vice Mayor Mikes, seconded by t
Commissioner Bertino to adopt this; resolution with the
amendments as stated .
The motion passed on the following roll call vote: r
Commissioner Bertino-yes Vide-Mayor Mikes-yes
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Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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A motion was made by Vice Mayor Mikes , seconded by
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Commissioner Bertino to approve the revised Position
Paper for the City of Dania in relation to Lhr, .Airport
Runway Suhst.antinl %viation .
The motion passed on the frellowing roll call vote:
j Commissioner Bertino-yes Vice-Mayor Mikes-yea
Commissioner Cook-yes Mayor McF.lyea-yen
! Commissioner Grace-yes
ADDENDUM TTFM
7 . 6 Commissioner Bertino reminded the Commission of the
need for school flashing lights at. Federal Highway in
the vicinity of olden Middle school and nania
Elementary.
Beulah Lair stepped forward to request permission from
j the Commission to promote parents to carry picket signs
at the school crossing at Dania Elementary in an effort.
to receive press coverago to attempt to obtain the
necessary flashing lights .
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Commissioner Bertino mentioned that there was a
! resolution pissed requesting this light from the I
Department of Transportation as requested by Mr. Jim
Silvernale but that no assistance has been granted .
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to direct City Manager Flatley to
send the resolution adopted in relation to this item to
Representative Anne MacKenzie and all nthor ±
representatives and senators for the State of Florida �
and to approve the carrying of picket signs by parents
aL the school crossing at. Dania Elementary . t
The motion passed on the following roll call vote :
Commissioner Bertino-yes Vlrp-Mayer Mike -yes
Commissioner Cook yen Mayor McFlyea y s
Commissions Grace-yes:
8 . APPOINTMENTS
8 . 1 A motion was made by comnlissioneI Cork , seconded
by Commissioner Bortino to appoint Mr . Sterling Collins
as citizen to the Broward Wilily Comminl i t y Dr•vol opmcnt
Collmitte'e. . The motion passed unanimously.
Vice Mayor Mikes snggested Lo extend .I coullpsl to the
rrmmunity to add discussion of appol lit talent ti to boards
it a previn"s meeting before the actual appointment in
in effort to advise citizens ahead of time . Vice-. Mayor
Mikes fell that this would give people an opportunity
to request nomination oil a part Ki lar board .
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REGULAR MF.ETfNG 11 SEPTEMBE.R 25, 1990 y
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9. CITIZENS' COMMENTS j
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Mr . Willie Ross , Dade Country rc .aident who is a disc
jockey in this area at Fly Boulevard and Sheridan
Street , expressed his concern for the crack problem in
the area. Mr. Ross stated that 11e has spoken with b
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Hollywood about this problem and would like to work j
with Dania in an attempt to aide in eliminating the I
drug problem in the area by holding a block party. I -
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Commissioner Grace informed Mr . Ross that she is very
concerned with the crack problem in her area and that
she is always meeting with the City Manager and BSO
regarding this problem .
Mayor McFlyea commended MI Ross fell- I'Iis effort:: in
attempting to aide, in the crack problem in the City.
Mayor McFlyea suggested that Mr . Ro::S gel together with
captain Carney from BSO, Commissioner Grace and the
City Manager in an effort to organize this block party
against drugs .
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10 . ADMINISTRATIVE REPORTS
10 . 1. City Manager
10 . 1 . 1 Pho Conuni :;sion agreed with Mr . Flat-ley to I
schedule a workshop on October 16 at 8 : 00 P.M . t
10 . 2. Assistant City Attornc,y no comments
11 . COMMISSION COMMENTS
j 11 . 1 Commissioner Bertino,
k Commissioner Bertino expressed his congratulations to j
j' the Dania Historical Society for taking first place in j
the "Pioneer Days" held in Hollywood .
Commissioner Bertino mentioned the problem of tree
� trimming in the City. Commissioner Bertino, stated that.
City Manager Flatlet' will be enforcing the- ordinance
that is in effect regarding tree trimming as trees are
being damaged .
Commissioner Bertino reported that there will be a
blood bank at the Hollywood Federal Building on Dania
Beach Boulevard on Friday, November 2, 1990 from 10:00
a .m to 1. : 00 p.m and 2: .30 p.m . to 6 : 00 p. m .
Commissioner Bertino mentioned that. the blood collected
will be used by Memorial Hospital in Hollywood . �(
Commissioner Bertino mentioned that Roxanne Knight and
himself are trying to dart a Military Honor Roll that
involves all kids that have gone to Dania schools who
are now 111 th,a military . Comm
issioller Berl- llltl stated
j that the plctrlrr�: or the_!:(. kids will be placed on the
walls of the school !, in an effort to set po:; itive role
models for school children .
11 . 2 Commissioner Conk
Cclmmi �;sioner Cook mentioned tho positive rosulls from
the recent property standard ordinance that is irl
effect in Dania .
Conlmr ;sioner Cook then turned over the rest of her time
to Lathy Kelly.
t to
F REGULAR MEETING 12. SEPTEMBER 25, 1990 �a'
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Kathy Kelly , ocean Wit.orway Mobile Home. Park , c-ommended
Commissioner ' s Grace and Cook for thoi r effnits ill
attempting to help her, regarding the problem ! affect- ing
the Ocean Waterway Mobile Homo Park .
11 . 3 Commissioner Grace
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Comm issi-oner Grace commended the Da11i-a Historical t
^,ociety for their efforts in "Pioneer Days" and also in
"Broward Pay" that takes place in Talloha:,see . I
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Commissioner Grace stated her concerns for this drug
problems that take place in the City and presented a
brief overview of Pier accomplishments in eliminating
this problem.
Commissioner Grace requo:;Ced CH y Manager Fl.,itley t.o
keep the lights ern at Modolln Park- until 9 : 00 p.m. as
citizens are utilizing the newly installed sidewalks, in
the evening hours .
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Commissioner Grace oneouraged attendance at the
Bethune-Ccrokman College and the Delevara Hornets game
at Lockhart: Stadium et 4 :00 p. m . on Saturday September
29 .
11 . 4 Vice Mayor Mikes
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Vice Mayor Mikes moati0ried that funds 1'r.avr heon
allocated in the hudget for two tactical units that
were included in the contract with BSO.
Vice Mayor Mikes st-tggr,stod to have Will Allen , Growth
Management Director , look over the land nse plan to seer v
if there are same areas that could be zoned hack to R1
as he felt there is an over ahundarice of R2 ' s on
undersized lots .
Vice Mayor Mikes rognested to include. r] r ;cnssion cif the
state report on the Building Department matters tc�r the
next workshop mr°cling on October 16 , 1990 .
11 . 5 Mayor MCElyoa
Mayor McFlyea reclnosted Cily Manager Flatloy to replace
the trash barrel that was removed at the Women ' !; Club.
Mayor PlcFlyea expressed his .ipprl,ciation to the City
Manager and Publics Works fio their efforts in resolving
the weed problem in the swab arr=a along NW 10th
St rent .
Mayr,r McFlyea Commented on his efforts rn-c=r tho years
in the. westsido cif the City and mentioned that the drug
problems are offecling nu,st parts of the city.
Th i s regular comiri s:; i on meet i ng wa:; t hf-n adjourned .
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MAYOR CONImT f ONF
C.TTY CI,ER -AtiDfTOR
REGULAR MFETTNG 11 SEPTEMBFR 25, 1990
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 25, 1990
8:00 P.M.
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INVOCATION
ROLL CALL 4
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PRESENTATIONS * B.S.O. Officer of the Month
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1. CONSENT AGENDA
Minutes
1 . 1 September 10, workshop meeting
1 . 2 September 10, special meeting
1. 3 September 11 , regular meeting
Ordinances ( first reading)
1 .4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
6-17, ARTICLE I , CHAPTER 6, OF THE CODE OF ORDINANCES OF THE
j CITY OF DANIA, FLORIDA, ENTITLED "OPERATING A BOAT NEAR BEACH" ;
AND PROVIDING THAT ALL ORDINANCES 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. "
1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND
AFFIRMING THE EXPENDITURE OF AN ADDITIONAL SUM OF $4 ,450. 00 TO
COVER THE COSTS OF EMERGENCY INSTALLATION OF FILTER MEDIA AND
OTHER CORRECTIVE REPAIRS AT THE CITY WATER TREATMENT PLANT; AND
PROVIDING FOR AN EFFECTIVE DATE. "
2. PROCLAMATIONS - none
3. BIDS - none
4. PUBLIC HEARINGS ( final readings)
4. 1 Petitioner/Owner - Bruno Laurenti ; property located at 243 SE 5
Street
Public Hearing - VA-49-90 - A variance is requested to allow the
erection of a 6 ' fence in the front yard (4 ' maximum permitted ) .
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4. 2 Petitioner/Owner - Bryan Beckwith; property located at 140 North
Federal Highway 11
Public Hearing - VA-50-90 - The following variances are requested
to allow the construction of a flat wall sign:
a) 224 sq. ft. (8 ' x 281 ) in size (40 sq. ft. permitted) ; f
b) horizontal dimension of 28 ' ( 15' maximum permitted) ; h
c) sign content (only name of business is permitted) .
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4. 3 Petitioner/Owner - Robert Howard; property located at 515 NW 3
Place
Public Hearing - VA-51-90 - A variance is requested to allow the
construction of a duplex on a lot with 50 feet of frontage ( 60 j
feet required ) and 5,000 sq. ft . of area (6 ,000 sq. ft.
required ) .
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4. 4 Petitioner/Owner - Gabriel M. Bove, the Stellar Group; vacant
Property located on the north side of SW 31 Street, east of SW 26
Terrace
A) Public Hearing - VA-53-90 - The following variances are requested
to allow the construction of a warehouse distribution structure:
a) a 10 ' rear yard setback ( 20 ' setback required ) ;
b) 50 parking spaces (67 spaces required) .
B) SP-54-90 - A site plan approval is requested for a warehouse
distribution facility.
4. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE
CITY CHARTER AND SECTION 200-065, FLORIDA STATUTES , APPROVING THE
MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1990-91;
AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. "
4 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE
„.A CITY CHARTER AND SECTION 200 . 065, FLORIDA STATUTES , FOR THE FINAL
APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA,
FLORIDA, FOR THE FISCAL YEAR 1990-91 ; AND PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " E
4.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL
WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1990 , AND ENDING SEPTEMBER 30, 1991 , FOR THE
MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY
OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
rt""'f RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
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{ 4. 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL
SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1 , 1990, AND ENDING SEPTEMBER 30, 1991 , FOR THE
MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY
OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " i
5. PUBLIC HEARINGS ( first reading ) +
5. 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION i 5. 36, ARTICLE 5, CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY
OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES ALL
SOLUTIONS IN
CONFLICT HEREWITHBE REPEALED ITTOS R THEEEXTENTSOFOSUCHFCONFLICT; AND
PROVIDING FOR AN EFFECTIVE, DATE. " ( fences) (Comm. Grace)
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6. EXPENDITURE REQUESTS - none
7. DISCUSSION
7. 1 Discussion of Frank Mirrer property. (Comm. Bertino)
7 . 2 Tug-Boat Annie' s temporary tent. (Comm. Bertino)
7. 3 Discussion of establishing a restricted occupational license. E
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7.4 Providing notice for encroachments. (Vice-Mayor Mikes) s
7 . 5 Airport runway expansion - discussion of City position and
adoption of appropriate resolution. !
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8. APPOINTMENTS j
8 . 1 Appointment of citizen to Broward County Community Development
Committee.
9. CITIZENS ' COMMENTS - Comments by Dania 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. Comments of any nature will be responded
to by the office of the City Manager. In the event that the concern
remains unresolved, the citizen( s) or party will be asked to address
j the City Commission during the meeting.
10. ADMINISTRATIVE REPORTS
10. 1 City Manager
` 10 . 1 . 1 Set October 16 (8 p.m. ) for next Commission workshop
date. ,.
10. 2 City Attorney
11. COMMISSION COMMENTS
11 . 1 Commissioner Bertino
11 . 2 Commissioner Cook
11. 3 Commissioner Grace
11 . 4 Vice Mayor Mikes
11 . 5 Mayor Mc Elyea
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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 TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 25t 1990
7. DISCUSSION (continued)
7. 6 Discussion of school flashing lights for Federal Highway in the
vicinity of Olsen Middle School & Dania Elementary. (Comm.
Bertino) �
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