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Home My WebLink About31246 - MINUTES - City Commission x.d i i I j MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 28, 1989 INVOCATION - Wanda Mullikin i PLEDGE OF ALLEGIANCE 1 ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Anthony Stevens City Attorney: Frank Adler City Manager: Robert Flatley City Clerk : Wanda Mullikin j PRESENTATIONS i i Dania District IX Commander Hernandez presented a check in the amount of $13,200.00 received due to a forfeiture, to be deposited in the City of Dania' s Law Enforcement Trust Fund. Captain Hernandez reported a cooperative effort on the part of the truck owners after meeting with B.S.O. on the Old Griffin Rd. situation. Captain Hernandez also reported on waterway and beach clean-up activities. j * At this time, Citizens ' Comments Agenda ( item 10. 1 ) was addressed. ' i 1 . CONSENT AGENDA Minutes 1. 1 November 3, 1988, workshop meeting 1.2 February 14, 1989, regular meeting Resolutions ! 1 .3 The title of a Resolution approving the pre-annexation agreement :r..4 between the City of Dania and Sherrill & Sylvia Adams was read I by City Attorney Adler. ! 1.4 The title of a Resolution approving the pre-annexation agreement 1 between the City of Dania and James & Teena Annin was read by City Attorney Adler. 1 . 5 The title of a Resolution approving the pre-annexation agreement between the City of Dania and Carol Brown was read by City Attorney Adler. i 1. 6 The title of a Resolution approving the pre-annexation agreement 4 between the City of Dania and Robert & Pauletta Pierce was read by City Attorney Adler. , i1.7 The title of a Resolution approving the pre-annexation agreement between the City of Dania and Steve Tilbury was read by City Attorney Adler. i 0 1 . 8 The title of a Resolution approving the pre-annexation agreement ! between the City of Dania and Boca Banana Boat, Inc. was read by City Attorney Adler. ' Ordinances (first reading) j 1. 10 The title of an Ordinance amending Section 15-12 of Chapter 15 of the Code of Ordinances to increase the occupational license fee for itinerant auction shops or auction stores from $375 per week to $500 per day was read for first reading by City Attorney Adler. Regular Commission Meeting 1 February 28, 1989 i E 1.11 The title of an Ordinance amending Section 26-33, Article III , I of Chapter 26 of the Code of Ordinances entitled "Site Plan Review" was read for first reading by City Attorney Adler. A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to approve the consent agenda with the exception of item 1. 9. i The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes j j Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 1 . 9 Mayor McElyea pulled this item from the Consent Agenda for purposes of discussion. The title of a Resolution approving an amendment of contract with Reuter Recycling of Florida, Inc. , granting a time a extension of 150 days to satisfy the conditions enumerated in Art. VIII , (d) and (e) of the original contract was read by City Attorney Adler. Charles Dodge , Assistant City Manager of Pembroke Pines, brought the Commission up to date on the status of the Reuter Recycling project, explained the reasons for Reuter Recycling 's request to amend the contract, reported that the Cities of Pembroke Pines and Pompano Beach have already approved this and the City of Hallandale has it scheduled on its March 7th agenda, and recommended approval by Dania 's City Commission, i A motion was made by Commissioner Hirsch, seconded by Commissioner j , . Stevens to adopt the resolution. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 2. PROCLAMATIONS - none 3. BIDS City Manager Flatley asked the Commission to go on to the next item t while awaiting the arrival of Mike Smith. iA4✓ 1 *** (Addressed after agenda item 7. 2. ) 3. 1 Recommendation regarding award of bids for the resurfacing of five tennis courts. Michael Smith reported the receipt of five bids for the resurfacing of the Frost Park and Northside Park tennis courts and Staff 's recommendation that the bid be awarded to the low bidder, Fast Dry Corp. in the amount of $9, 608.00. Mr. Smith reported that adequate project funding is available in the combined operating budgets for Division 1511 (Frost Park ) and 1513 (Neighborhood Parks ) but that he will need Commission approval to transfer $2, 000. 00 from Division 1513 to 1511 . In response to questions from Commissioner Bertino regarding transferring funds out of the Neighborhood Parks budget, Mr. Smith stated that there will still be enough funds to continue the projects anticipated for the Neighborhood Parks and that no ) projects will be put off because of this transfer to Frost Park. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to accept the recommendation and award the bid to Fast Dry Corp. in the amount of $9, 608.00 and to adopt a resolution approving the transfer of $2,000. 00 from Division 1513 to 1511. The motion passed on the following roll call vote: ` Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes a _ Regular Commission Meeting 2 February 28, 1989 i i f it a **** (At this time agenda item 9. 5 was addressed. ) 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management t 4. 1 Petitioner: Rodney Sloan; Owner: Clarence Kenon; property located at 1310-1340 West Dania Beach Blvd. PUBLIC HEARING VA-06-89 - following variances are requested to allow the construction of a duplex: (a) 4, 050 sq. ft. lot (6,000 required) I (b) 45 ' frontage ( 50 ' required ) (c) 6 ' front yard setback (25 ' required ) (d) 6 ' rear yard setback (15 ' required) j (e) back-out parking (prohibited ) i Mr. Sloan stepped forward to explain the need for variances to enable the construction of a duplex on a lot that initially j contained 6,000 sq. ft. but was reduced to 4, 050 sq. ft. after 1 required dedication of right-of-way. Mr. Sloan reported that j { the site plan was redesigned to eliminate the back-out parking 1 onto Dania Beach Blvd. as recommended by the P&Z Board. 1 i I Mayor McElyea opened the public hearing. Hearing no one speak ! in favor or opposition, the Mayor closed the public hearing. On the advice of CityAttorney Adler to include all y parts of the request in one motion, Vice Mayor Cook made a motion to grant all parts (a) , (b) , (c) , (d) and (e) of the variance request ( it (VA-06-89 ) . Commissioner Stevens seconded the motion for discussion. During discussion, it was noted that the property has been in Mr. Kenon's family for 30 years, that he intends to be a resident landlord, that notices were properly placed, and that no complaints from neighbors were received. The motion then passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes <. Commissioner Stevens-yes s 4. 2 Petitioner: Joe Pegg; Owner: Richard LaPointe; property located at 1890 Griffin Rd. PUBLIC HEARING - VA-10-89 - variance request to allow the erection of a 136 sq. ft. pole sign (50 sq. ft. maximum allowed) i A representative of Ryan-Markland Signs, along with Joe Pegg, explained the request for a double-faced illuminated pole sign on the east side of I-95 for identification purposes of I Adventure Boating and described the visibility hardship. The P&Z Board recommended approval. ! Mayor McElyea opened the public hearing. Hearing no one speak I in favor or opposition, the Mayor closed the public hearing . i Expressing his feeling that he didn' t want to see any more billboards than are already there, a motion was made by Commissioner Bertino, seconded by Commissioner Stevens to deny j the variance request (VA-10-89 ) . Attempting to reach a compromise, Commissioner Hirsch commented on the importance of signs and identification to a business, and Vice Mayor Cook asked the petitioner if he couldn ' t make the sign a little „ smaller. Mr. Pegg maintained that it is an attractive pole sign, not a billboard, agreed that a smaller sign is better than none at all, but that finding the access to his building is a definite problem. Commissioner Hirsch brought out the point that the area is primarily industrial . Commissioner Stevens I commented on the lack on continuity, giving to some and not JI Regular Commission Meeting 3 February 28, 1989 e i� others. Vice Mayor Cook said areas included in annexation plans need special attention. Commissioner Bertino commented that if the 50 square foot signs present a problem, then the sign ordinance should be changed. Noting another billboard variance request on the agenda, Mayor McElyea suggested the Commission table this item and look at the sign ordinance again. jWithdrawing the motion to deny, Commissioner Bertino made a motion to table. The motion was seconded by Commissioner Hirsch. The Commission agreed on the need to revisit the sign i ordinance. The motion to table passed unanimously. 4. 3 Petitioner: Juanita Austin, Irene Newton, Cheryl Baker & Elizabeth Blackmon; Owner: City of Dania; property located at SW 7 Ave. to SW 8 Ave. { j PUBLIC HEARING - VC-11-89 - adoption of resolution is requested to vacate a 12. 4 ' alley. i A Resolution of the City of Dania vacating that certain 12. 4 foot wide alley beginning at the west right-of-way line of SW 7 Ave. and located between the eastern property line of Lots 6 and 7 of Henry Park Subdivision, and extending westward between Lots 13 and 16 of the George M. Phippen unrecorded subdivision to the east right-of-way line of SW 8 Ave. i Cheryl Baker, speaking for the owners of the property adjoining the 12.4 ' alley that goes nowhere, explained the request for the city to vacate that alley in order that they might fence in i " R their property and make their homes more secure. Mayor McElyea opened the public hearing. Hearing comments in °"_ favor, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Vice Mayor j Cook to adopt the vacation resolution (VC-11-89 ) . The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Cook-yes i Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes i 4. 4 Petitioner: Andrew Blasi , Esq. ; Owner: Golden Communications, Inc. ; property located at 2580 SW 32 St. PUBLIC HEARING - VA-12-89 - variance request to allow the construction of a 14 ' x 48 ' billboard sign (approximate height 85' above ground, 35 ' above I-595 ramp) . i City Attorney Adler explained that this is per a pre-annexation agreement between the City and Golden Communications that was entered into some months ago, whereby the City guaranteed the granting of the same permits that would have been allowed if the property stayed with the County. i Mr. Blasi stepped forward to describe the features which distinguish this sign variance request from that of agenda item 4. 2, pointing out that the property is the subject of a i pre-annexation agreement and that the property has indeed been annexed into the City of Dania. Mayor McElyea opened the public hearing. Hugo Renda and Vincent Carroll spoke in opposition and Andrew Blasi responded to those concerns. C .E. Hill and Fay Palmer spoke in favor, Mr. Hill commenting on the benefits of signs to travelers and Ms. Palmer commenting on the importance of the city keeping its word as promised in the pre-annexation contract. The Mayor then closed the public hearing. Regular Commission Meeting 4 February 28, 1989 l F '` { A motion was made by Commissioner Hirsch, seconded by Vice Mayor 7 Cook to grant the variance request (VA-12-89 ) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes j Commissioner Hirsch-yes Mayor McElyea-yes i Commissioner Stevens-yes ! 4. 5 Petitioner: Dennis Robinson; Owner: Dania Church of God; property located at 715 SW 7 Terrace A) PUBLIC HEARING - VA-13-89 - following variances requested to allow an addition to a church: a ) 21 parking spaces (33 spaces required) b) 6 back-out parking spaces (prohibited) Dennis Robinson stepped forward to explain the need for ] additional classrooms for the children. Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Consulted by Commissioner Bertino, Growth Management Director Leeds reported that the back-out parking presents no problem since this is a side street , not a major thoroughfare . i A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to grant parts (a) and (b) of the variance request (VA-13-89 ) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes B) PUBLIC HEARING - SE-14-89 - special exception request to allow an addition to a church in a single family district. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Questioned by Vice Mayor Cook, City Clerk Mullikin reported she has received no correspondence in opposition. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to grant the special exception request (SE-14-89) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes C ) SP-15-89 - site plan approval request for a church addition in a single family district. Mayor McElyea opened a public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Consulted by Vice Mayor Cook, Growth Management Director Leeds reported no problem with the site plan and stated the petitioner has indicated that many of the church members live in the area I and walk to the church. A motion was made by Commissioner Stevens, seconded by Vice Mayor Cook to grant site plan approval (SP-15-89 ) . The motion passed on the following roll call vote: i � Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Regular Commission Meeting 5 February 28, 1989 � J i I Administrative Ordinances (second & final reading) j9 4. 6 The title of an Ordinance amending Section 1, Article 4, Part XII, of the City Charter by adding a subparagraph (f) thereto to provide that amendments, modifications, extensions and renewals of a lease exceeding twenty (20 ) years must be approved by a four-fifth vote of the members of the City Commission was read for second and final reading by City Attorney Adler. j 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 Vice Mayor Cook, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-out of room Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none i 7. SPECIAL REQUESTS ** (Addressed after agenda item 10. 1 . ) 7. 1 Request by Archie J. Ryan III , Attorney, to execute Quit Claim Deed. Mr. Ryan, representing Ann E. Ray, the owner of Lot 12, Block 3, Poinciana Park, requested execution of a quit claim deed to a 1 ' x 50 ' strip of property which lies east of the right-of-way of NE 2nd Ave. He explained that the city had vacated that strip of land by ordinance in 1953 , but this particular conveyance document was never executed and delivered to Miss Ray. i A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to authorize execution of the quit claim deed. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes _• Commissioner Stevens-yes 7. 2 Request approval of 15th Year Community Development Block Grant Proposals. Michael Smith, as Community Development Director, presented the projects for the 89-90 Block Grant Program as endorsed by citizens residing in the Community Development Block Grant target area. He requested approval of the proposed projects to be submitted for county review on March 17, 1989 in the following prioritized order: 1 ) Continuation of Project IMPAC (home repair & replacement program) . Funds requested: $375, 000. i 2) Acquisition of a parcel of property (abandoned foundry) at j 1400 NW lst St. to provide new moderately priced single family homesites, continuing concept of Byrd Pointe Project. j Funds requested : cost estimate pending. 3 ) Mortgage Assistance Program (to assist Byrd Pointe Project purchasers with mortgage closing costs ) . Funds requested: $75,000. - I A motion was made by Commissioner Stevens, seconded by 1 Commissioner Hirsch to approve submission of the proposals as p presented. The motion passed on the following roll call vote: I 1 f Regular Commission Meeting 6 February 28, 1989 � Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes i Commissioner Stevens-yes S { *** (At this time, agenda item 3. 1 was addressed. ) 8. APPOINTMENTS - none i !I i 9. DISCUSSION ****** (Addressed after agenda item 9. 4. ) 9. 1 Proposals from Computil to collect delinquent parking fines. j Michael Smith, Personnel Director, explained that administration of parking ticket processing was previously done by the Police Department, but since the merger with B.S.O. the City has assumed this responsibility. He reported $136, 000 in outstanding parking tickets as of January, 1989. Mr. Smith presented a proposal from Computil Corp. to collect delinquent parking citation fines. He reported that, of the collection agencies contacted by Mary Blasi, Computil is the only one that has the capability of interacting with the Florida Division of Motor Vehicles and out-of-state Motor Vehicle Divisions to obtain tag information for collection follow-up. Jeanne Gee of Computil elaborated on the firm's background and terms of the service proposal, noting that the proposal states 37% fee, but they would be willing to do it for 35%. Commissioner Bertino questioned B.S.O. Commander Hernandez about the citation enforcement service B.S.O. provides. A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to refer this matter to City Manager Flatley to see what he could work out with B.S.O. on delinquent parking fine enforcement and return a recommendation to the Commission. The motion passed unanimously. 9. 2 Environmental Sensitive Lands Update. Laurence Leeds , Growth Management Director, reported on the status of the e.s.l . 's on the Broward County Environmental Coalition 's list that was submitted to the County Commission, including 300 acres of Dania. He said the Planning Council was notified that the City did not have enough criteria to evaluate its tax base impact and that the Planning Council recommended to study the e.s.l. designation for a year. Mr. Leeds reported arguments were presented to the County Commission that the designated property is the most significant tax base in the City and that the City feels those lands are adequately regulated under existing Broward County E.Q.C .B. , U.S. Army Corps of Engineers, and D. E.R. criteria. Based on that, the County Commission deleted some of the lands resulting in a reduction of the 300 acres originally designated to approximately 81 acres now that still have the e.s.l . or l .a.p.c. designation. With j regard to those 81 acres, Mr. Leeds said he is not too concerned about the property that is platted but about 51 unplatted acres may face development problems with respect to current D. E.R. requirements. He said the e .s.l ./l .a.p.c. designation will j probably add 6 months review time when the properties are platted and D.E.R. may require on-site mitigation. Mr. Leeds t reported that the County Commission Chairman has indicated through her Planner that they feel they would not require anything else beyond what is currently required by D.E.R. Vice Mayor Cook, as Chairman of the Broward County Planning Council, expressed pleasure with the turnout of property owners and commended Mr. Leeds and City Attorney Adler on the progress made. Her fellow Commissioners concurred. { Regular Commission Meeting 7 February 28, 1989 i f _ 71 Ij 9.3 Comprehensive Plan Notification Procedure. Growth Management Director Leeds reported the recent receipt of the comprehensive plan comments from the State of Florida which were forwarded to the City's consultants . He said when they have finished dealing with the recommendations and comments of the State, the plan will be brought back to the Commission for final adoption by ordinance. Suggesting two public earin dates (March 28, 1989, and April11, 1989) , he asked hfor direction regarding special notification procedures desired by the Commission. Mr. Leeds said meeting the legal requirement of one 1/4 page newspaper ad costs $750 and asked if the Commission wanted to advertise in one, two or three newspapers. He also estimated the cost of sending post card notification to all 7200 addresses in the city using a bulk mail sort company would be approximately $1600. Noting that non-resident property owners would not be notified under the post card bulk mailing procedure, it was suggested that those addresses be gotten from Mr. Markham's office. j A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to approve notice by post card bulk mailing to all residents. The motion passed unanimously. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to place one 1/4 page newspaper ad per legal requirement. The motion passed unanimously. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve additional notice to all property owners on the tax rolls. The motion passed unanimously. *"*** (Addressed after agenda item 9. 5. ) 9. 4 Dania Beach Boulevard Bikepath Status. (Mayor McElyea) City Manager Flatley reported on the status of F.D.O.T. Project #9110775, the work program for construction of 4 ' paved shoulders along the .84 mile segment of Dania Beach Blvd. from s_ f Gulfstream Road to the Intracoastal Waterway Bridge. He said F.D.O.T. had anticipated completion in June at an approximate cost of $68, 000 but, due to a major mistake made by F.D.O.T. about six weeks ago, they simply ran out of funds and all state funded projects were put on the shelf until spring brings the receipt of new transportation monies. City Manager Flatley said he will be attending the public hearing on the five year work program at the F.D.O.T. District Office on March 9th, at 7: 30 to make sure that this project is not lost in the work program. Pros and cons of Commissioner Bertino's suggestion that the City designate sidewalks as bicycle paths were discussed . City Manager Flatley said he would check further into what areas it might safely be done. ****** (At this time, agenda item 9. 1 was addressed. ) "*** (Addressed after agenda item 3.1 ) 9. 5 Beach Parking Permit Rates. (Mayor McElyea ) At Mayor McElyea 's invitation, Bob Majors , on behalf of property owners whose primary residences are out-of-state, stepped forward to register a complaint about the City's policy of requiring Florida State residency to obtain beach parking stickers. He said they feel the policy is unjust because, as non-state residents they are not entitled to the homestead provision and consequently pay almost twice the amount of taxes but are not afforded the privilege of receiving beach parking 4 permits as do state residents. He commented that this ' Regular Commission Meeting 8 February 28, 1989 1 discrimination makes the 3 or 4 month residents feel unwelcome and asked that the policy be reconsidered and that all Dania taxpayers be provided the same privileges for parking at the Beach for a set yearly fee. City Manager Flatley reported, after meeting with a group from Ronola Condominium, that a survey of the policies of other cities is almost complete. He acknowledged that Mr. Majors had a valid point and said Staff would reevaluate the beach parking permit process and bring back a recommendation in the near future. Mr. Majors was asked to leave his name and phone number so Staff could meet with him. ***** (At this time , agenda item 9. 4 was addressed. ) i 10. CITIZENS ' COMMENTS i * (Addressed at beginning of meeting. ) 10. 1 Request by Merle Wenneker from the Danians to address the Commission regarding the fireworks store on Dania Beach Blvd. i Mr. Wenneker, President of the Danians North Condo Inc. , read a prepared statement protesting the fireworks warehouse on Dania { Beach Blvd. as a dangerous situation and holding Vice Mayor Cook, Commissioner Bertino, Commissioner Hirsch and Commissioner ' Stevens responsible for approval of the project and calling for their resignations. :.� Maury Schockett claimed that the people who live within 300 ' of the project did not receive proper notice and expressed his belief that the vote was therefore illegal. ** (At this time, agenda item 7. 1 was addressed. ) 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Flatley - no comment. 11. 2 City Attorney Adler reported on his preparation of a special warranty deed regarding property that was paid for by the County to convey that property to the Dania Economic Development Corporation. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to authorize execution of the document by the proper officials. The motion passed unanimously. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment. 12. 2 Commissioner Hirsch - no comment. 12.3 Commissioner Stevens commented on the fireworks warehouse protest. i 12. 4 Vice Mayor Cook - no comment. 12. 5 Mayor McElyea - no comment. This Regular Commission Meeting was then adjourned . d MAYOR-COMMISSION I ITY CLERK-AUDITOR i I Regular Commission Meeting 9 February 28, 1989 77] AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 28, 1989 8: 00 P.M. i INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I PRESENTATIONS 1 . CONSENT AGENDA Minutes 1. 1 November 3, 1988, workshop meeting 1. 2 February 14, 1989, regular meeting i Resolutions 1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND SHERRILL & ! SYLVIA ADAMS ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF j RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ` j ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND JAMES & TEENA ANNIN ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND CAROL BROWN; 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. " s•df 1. 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND ROBERT & PAULETTA PIERCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND STEVE TILBURY ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND BOCA BANANA BOAT, INC. ; 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 1 OF 4 i I � 4Y 1 ... .. F7 CONSENT AGENDA (cont 'd ) 1. 9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN AMENDMENT OF CONTRACT WITH REUTER RECYCLING OF FLORIDA, INC. , GRANTING A TIME EXTENSION OF 150 DAYS TO SATISFY THE CONDITIONS ENUMERATED IN ARTICLE VIII , (d ) AND (e ) OF THE ORIGINAL CONTRACT ; 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. " Ordinances 1. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 15-12 OF CHAPTER 15, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO INCREASE THE OCCUPATIONAL LICENSE FEE FOR ITINERANT AUCTION SHOPS OR AUCTION STORES FROM $375 PER WEEK TO $500 PER DAY ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 26-33, ARTICLE III, OF CHAPTER 26, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "SITE PLAN REVIEW" ; 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. " 4. 2. PROCLAMATIONS - none 3. BIDS 3. 1 Recommendation regarding award of bids for the resurfacing of five tennis courts . 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner - Rodney Sloan; Owner - Clarence Kenon; property located at 1310-1340 West Dania Beach Boulevard Public Hearing - VA-06-89 - The following variances are requested _s. to allow the construction of a duplex: a) 4, 050 sq. ft. lot (6, 000 required) b) 45 ' frontage ( 50 ' required) c) 6 ' front yard setback (25 ' required ) d ) 6 ' rear yard setback ( 15 ' required ) e) back-out parking (prohibited ) 4. 2 Petitioner - Joe Pegg; Owner - Richard LaPointe; property located at 1890 Griffin Road Public Hearing - VA-10-89 - A variance is requested to allow the erection of a 136 sq. ft. pole sign ( 50 sq. ft. maximum allowed) 4. 3 Petitioners - Juanita Austin; Irene Newton, Cheryl Baker and Elizabeth Blackmon; Owner - City of Dania; property located at SW 7 Avenue to SW 8 Avenue Public Hearing - VC-11-89 - Adoption of a resolution is requested to vacate a 12.4 ' alley. 2 OF 4 PUBLIC HEARINGS (cont 'd) 4.4 Petitioner - Andrew Blasi , Esq. ; Owner - Golden Communications, Inc. ; property located at 2580 SW 32nd Street Public Hearing - VA-12-89 - A variance is requested to allow the construction of a 14 ' x 48 ' billboard sign (approximate height 85 ' above ground, 35 ' above I-595 ramp. ) 4. 5 Petitioner - Dennis Robinson; Owner - Dania Church of God ; property located at 715 SW 7 Terrace A) Public Hearing - VA-13-89 - The following variances are requested to allow an addition to a church: a) 21 parking spaces (33 spaces required ) b) 6 back-out parking spaces (prohibited ) B ) Public Hearing - SE-14-89 - A special exception is requested to allow an addition to a church in a single family district. C ) SP-15-89 - A site plan approval is requested for a church addition in a single family district. Administrative (final reading of ordinances ) 4. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 1, ARTICLE 4, PART XII , OF THE CITY CHARTER BY ADDING A SUB-PARA- GRAPH (f ) THERETO TO PROVIDE THAT AMENDMENTS, MODIFICATIONS, j EXTENSIONS AND RENEWALS OF A LEASE EXCEEDING TWENTY (20) YEARS MUST BE APPROVED BY A FOUR-FIFTH VOTE OF THE MEMBERS OF THE CITY COMMISSION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF A I ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING w-• FOR AN EFFECTIVE DATE. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Request by Archie J. Ryan III , Attorney, to execute Quit Claim Deed. 7. 2 Request approval of 15th Year Community Development Block Grant Proposals. 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Proposals from Computil to collect delinquent parking fines 9. 2 Environmental Sensitive Lands Update 9. 3 Comprehensive Plan Notification Procedure 9. 4 Dania Beach Boulevard Bikepath Status (Mayor McElyea ) 9. 5 Beach Parking Permit Rates (Mayor McElyea ) 3 OF 4 i .77] 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties j 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 j ( 4th) Monday of each month. Comments of any nature will be responded to 1 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 the City Commission during the meeting. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney t 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Stevens 12. 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea ------------------------------------- --------------------------- 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. 1 i i 4 OF 4 1 s ,I 1! A 1„ 1 t i 1 I I CITIZENS ' COMMENTS f AGENDA CITY OF DANIA REGULAR MEETING FEBRUARY 28, 1989 8:00 P.M. 1 . Request by Merle Wenneker from the Danians to address the Commission regarding the fireworks store on Dania Beach ( Boulevard. I i I i I i i 1 I �y t