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HomeMy WebLinkAbout31251 - MINUTES - City Commission I I MINUTES DANIA CITY COMMISSION REGULAR MEETING DECEMBER 13, 1988 INVOCATION - Wanda Mullikin i PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Anthony Stevens City Attorney: Frank Adler i City Manager: Robert Flatley City Clerk : Wanda Mullikin PRESENTATIONS Mayor McElyea extended congratulations to Vice Mayor Cook on being appointed Chairperson of the Planning Council . 1. CONSENT AGENDA Minutes 1. 1 September 6, special meeting (approved 11/22/88 ) 1. 2 September 19, special meeting (approved 11/22/88 ) 1 . 3 September 27, regular meeting � 1 . 4 October 11 , regular meeting t Resolutions 1. 5 The title of a Resolution establishing filing dates and providing for the calling and holding of a Primary Election in the City of Dania, Florida, on Tuesday, February 14, 1989, for the purpose of nominating City Commissioners to be voted upon at the General Election to be held on Tuesday, March 14, 1989 was read by City Attorney Adler. Ordinances (First Reading ) 1 . 9 The title of an ordinance annexing to the City of Dania certain properties described as Lot 15, Block 3, Wilma Manors Addition was read for first reading by City Attorney Adler. 1 . 10 The title of an ordinance annexing to the City of Dania certain properties described as the east 1/2 of Lot 6, Block 1 , Wilma Manors was read for first reading by City Attorney Adler. 1. 11 The title of an ordinance annexing to the City of Dania certain properties described as the west 1/2 of Lot 6, Block 1, Wilma Manors was read for first reading by City Attorney Adler. 1. 12 The title of an ordinance annexing to the City of Dania certain properties described as the south 1/2 of Lot B, Ravenswood f Heights was read for first reading by City Attorney Adler. a[ ! 1 . 13 The title of an ordinance amending Section 13-32 of Article II , Chapter 13, of the Code of Ordinances of the City of Dania regarding mowing of privately owned property within the City was read for first reading by City Attorney Adler. 1. 14 The title of an ordinance amending sub-paragraph (I ) (1 ) (2 ) (3 ) and (4 ) of Section 13-69 of Article IV, Chapter 13, of the Code of Ordinances of the City of Dania to reduce the time from 15 calendar days to 5 working days to dispose of trash not included in regular pickup was read for first reading by City Attorney Adler. Regular Commission Meeting 1 December 13, 1988 1 �t r i r7l I' A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch i to approve the consent agenda, with the exception of items 1 . 6, 1 .7 and 1 . 8. 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 PULLED FROM CONSENT AGENDA by Commissioner Bertino - 1 . 6 A Resolution authorizing the appropriate city officials to execute the Addendum to Water and Sewer Agreement between the City of Dania and Design Center of the Americas Limited Partnership. and 1 . 7 A Resolution authorizing the appropriate city officials to execute the Addendum to Water and Sewer Agreement between the City of Dania and Lauderdale Airport Hotel Associates, Ltd. Mary Blasi explained the requests by Design Center of the Americas Limited Partnership and Lauderdale Airport Hotel Associates, Ltd. for approval of extensions to their water and sewer agreements to provide reservations for 143 remaining Equivalent Residential Connections and to alter the method of payment for the E.R.C. 's by permitting 1/2 payment up front and the additional 1/2 at permit time or 120 days of Certificate of Occupancy from the original E.R.C. 's, whichever is first. She reported that the reservation request is for an additional three years over and above the original contract . Commissioner Bertino commented that the City of Dania had to pay w cash to the City of Hallandale for reserve capacity in the sewer plant and expressed the opinion that the City should receive the cash if it is going to sub-reserve . In response to Commissioner Bertino's observation that the City will soon be increasing the E.R.C. charges , Mary Blasi pointed out that the addenda provide for payment of the E.R.C. 's at the prevailing rate. The details of the contracts were discussed with City Attorney Adler and Joel Gustafson, Attorney for both petitioners. A motion was made by Commissioner Hirsch, seconded by Vice Mayor y Cook to adopt the resolution ( 1. 6) approving the Addendum to Water and Sewer Agreement between the City of Dania and Design Center of the Americas Limited Partnership. The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-no A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to adopt the resolution (1. 7 ) approving the Addendum to Water and Sewer Agreement between the City of Dania and 1 I Lauderdale Airport Hotel Associates, Ltd. The motion passed on the following roll call vote : Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-no 1 . 8 The title of a Resolution authorizing the appropriate t officials to execute the Lease between the CityofDaniaand Arcade Gaming II, Inc. was read by City Attorney Adler. } Regular Commission Meeting 2 December 13, 1988 I i rI This resolutio n was pulled from the Consent Agenda by Commissioner Bertino for purposes of explanation. City Attorney Adler reported on the terms of the agreement to lease road right-of-way for parking purposes. The Commission discussed the value of the land due to its proximity to I-95 and felt that $500 a month rent was insufficient. A motion was made by Vice Mayor Cook to approve the resolution, increasing the rent to $600 per month. The motion was seconded by Commissioner Hirsch for discussion. After further discussion, the motion and second were withdrawn and City Attorney Adler was directed to renegotiate the rental dollar amount. A motion was then made by Commissioner Bertino, seconded by Commissioner Stevens to continue this item. 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 Z. PROCLAMATIONS 2. 1 Mayor McElyea proclaimed February, 1989, Sistrunk Historical Festival month. 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management w 4. 1 Petitioner/Owner: John Leto, Sr. & Peter Leto, Sr. ; property located at 1910 Stirling Rd. PUBLIC HEARING - LUF-74-88 - A land use flex change request to assign 6. 0 acres of commercial flex acreage to industrial zoned property. (continued from 11/22/88 ) Growth Management Director Leeds recommended, as the petitioner again was not present, that this item be withdrawn from the agenda until the petitioner requests it to be placed back on. A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to withdraw the request (LUF-74-88 ) . 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 Administrative Ordinances (second & final reading) 4. 2 Ordinance amending section 4-20 of Article II, Chapter 4, of the Code of Ordinances to delete the words "except nightclubs" and the words "indoors or outdoors" therefrom. This item was pulled from the agenda having been cancelled at i the last meeting . 1 5. SITE PLAN REQUESTS 5. 1 Petitioner: Frank Hill ; Owner: Charles McElyea ; property located at 1200 Griffin Rd. SP-91-88 - site plan approval request for the expansion of an existing storage facility. R � Mayor McElyea announced that he will abstain from voting on this item as he is the owner of the property. Regular Commission Meeting 3 j December 13, 1988 i I I Frank Hill presented the site plan showing demolition of an existing small storage shed and construction of a new warehouse addition. i E Mayor McElyea opened a public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 1 A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to grant site plan approval (SP-91-88) . Mayor McElyea expressed his favorable position on landscape beautification. The motion then passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-abstain Commissioner Stevens-yes 5. 2 Petitioner/Owner: The Babcock Company; property located at 115 North Bryan Rd. SP-92-88 - site plan approval request for an amusement center/miniature golf course facility. Timothy J. Talbot presented the site plan of a 90 hole golf course and an indoor amusement center for approval and described the history of the project including a zoning text change and special exception request which was granted upon approval of the site plan . Mr. Talbot stated that Babcock Company 's traffic impact study was amended as requested by the city and all city code, setback, parking and landscape requirements have been met. Mayor McElyea opened a public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Vice Mayor Cook noted the Planning and Zoning Board 's recommendation of approval subject to: (a) Water/sewer tie-in. (b) Fire Department requirements . (c) Amendment to traffic study. Mr. Talbot said (c) has been completed and (a ) and (b) would be upon building permit. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to grant site plan approval (SP-92-88) , subject to the P&Z Board conditions (a) , (b) and (c) . 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 5. 3 Petitioner/Owner: Mitey Mite Race Track, Inc. ; property located at 1501 NW 1 St. SP793-88 - site plan approval request for the expansion of an existing amusement center/race track . j Timothy J. Talbot, representing the petitioner, presented the i site plan for approval , which the special exception granted is j contingent upon. Vice Mayor Cook noted the Planning and Zoning Board 's recommendation of approval subject to: (a) Sewer tie-in. (b) Fire Department requirements . (c) Post a bond for construction of Dania Beach Blvd . (1/2 cost ) or construction of entire road at this time (that portion of Dania Beach Blvd. adjacent to site) . r Regular Commission Meeting 4 December 13, 1988 11 i The (c) portion of the P&Z Board ' s recommendation was discussed in detail. City Attorney Adler noted that the road bond would be required at the time of platting or if a new principal building were being constructed and also pointed out that any l time the City wanted to pave the road it could be done by special assessment. City Attorney Adler advised that the (c) requirement is not appropriate at this time. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to grant site plan approval (SP-93-88 ) , I subject to P&Z Board conditions (a) and ( h) only. 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 5. 4 Petitioner: Itzhak Dickstein; Owner: Oyster LTD. ; property located at 768 East Dania Beach Blvd. SP-94-88 - site plan approval request for a warehouse/retail conversion. A.J. Ryan, representing the petitioner, described the intended renovation of the existing Oyster House and presented the site plan directed to the parking and landscaping. He stated the parking meets all code requirements as to the number of spaces and complies with the provision that the public parking be limited to the access outside the chain link fence . Mr. Ryan also stated that the landscaping meets ordinance requirements. 4, In response to Mayor McElyea 's question about the project in general , Mr. Ryan said the Commission previously approved the use of the property converting the structure for a fireworks warehouse. Vice Mayor Cook asked about the parking with relation to the size of the property. Mr. Ryan reported that 14% of the property is building, 42% green space, 38 walkways and 41% parking area. Commissioner Bertino asked if landscaping was increased as - -n� recommended and was advised by Growth Management Director Leeds that landscaping code requirements are exceeded both in gross square footage and aisle spacing. Mayor McElyea opened a public hearing. Mr. Lombardy, Paul DiMaio and Maury Schockett spoke in opposition to allowing either the storage or sale of fireworks. Merle Winokur, President of the Danians North Condo Inc. asked if a permit was issued yet and was informed by City Attorney Adler that the zoning for this is proper, a special exception for this use was requested and granted and the only thing before the Commission now is the site plan. Mr. Winokur and other residents of the Danians condominium expressed opposition based on the threat of fire and diminishing property values . Bob Mikes commented in opposition and made a remark about the Commission 's vote that granted the special exception. In response to a Danian resident 's question about fire controls , j i Vice Mayor Cook called for a report by the Fire Chief . Fire Chief Grammer stated that the building plans will have to meet the South Florida Building Code, the National Fire Protection Association and the Life Safety Code 101 . More comments in opposition were heard and Kurt Ely asked for clarification on what type of special exception use was approved. After a brief recess , City Clerk Mullikin read the provisions contained in the zoning text change ordinance and Regular Commission Meeting 5 December 13, 1988 j I t i i 14 i ff Ij recited excerpts from the minutes of the September 13th Commission meeting describing the special exception request, motion and vote. Mr. Ely raised questions about retail sales i and setbacks. f At this point, A.J. Ryan presented a rebuttal, stating that this matter is before the Commission for approval of a site plan of a building which is being renovated and nothing else, not the use or occupancy of the building, solely to the site plan dealing with landscaping and parking all of which exceeds the city code . Mr. Ryan explained that the warehouse is the back part of the building and the retail is the front part of the building and the warehouse use, for which the special exception was required, is set back more than 75 ' . He also stated that proper notice was posted. Hearing additional comments by Paul DiMaio and Maury Schockett, the Mayor then closed the public hearing. Commissioner Bertino consulted City Attorney Adler with regard to whether or not the site plan can be denied if it conforms to the rules and regulations of the city. City Attorney Adler advised that there is no justification for denial if the site plan complies with all code requirements . Commissioner Bertino said he wished all these people would have voiced their opinions when the matter first came up. i A.J. Ryan made the observation that city ordinances do not require site plan approvals by the Commission and that a site plan approval, if brought before the Commission, does not require a public hearing. He commented that this is a courtesy that the Commission has extended to the citizens though not required by the ordinances. Mr. Ryan addressed the concerns expressed with regard to fireworks hazards by describing the nature of the Class C fireworks to be housed in the rear and stated that the retail operation in the front will be a year-round Christmas store. He stressed the fact that his client has met or exceeded every requirement. Acknowledging the will of the people, a motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to DENY =' the site plan approval (SP-94-88 ) . 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 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS i ADDENDUM ITEM: 7. 1 Request by Habitat for Humanity to waive water and sewer impact fees. i Michael Smith reported on the request by Henry Graham on behalf of Habitat for Humanity, a non-profit organization involved in building low-income housing, to waive the water and sewer impact fee so a certificate of occupancy can be obtained for the house f on 13th Terrace. Mr. Smith pointed out that this is a y replacement home. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to accept a note of indebtedness payable in three years at ten percent interest. The motion passed on the following roll call vote: - Regular Commission Meeting 6 December 13, 1988 l � 'J � 5 ' 1 I I Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 8. APPOINTMENTS - none G i 9. DISCUSSION j 9. 1 Approval of annexation bill draft. City Manager Flatley presented the annexation bill draft for approval and explained that the map was modified to delete the F.P. & L. power plant from the area to be annexed. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to approve the annexation bill. 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 9. 2 Proposed drainage study for Southeast Dania . Presentation by Don Windham. Don Windham, of Berry and Calvin, City Engineers, reported on a drainage problem in the area of SE 3rd Place where 19 vacant lots have a very old drainage ditch down the center of them. He described the need to put in some pipe to take the place of that ditch and posed the question of whether the responsibility to replace the ditch belongs to the city or the property owners. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to have the City Engineer prepare a more detailed report on flow and properties affected and, working with the City Manager, develop a drainage program and agenda it for the first meeting in February. At the request of Bob Lizano, the motion was amended to have the City Engineer include SW 1st Street in the drainage study. Mr. Lombardy also asked that SE 6th Street be included in the study and volunteered the suggestion that, since the ditch being discussed is over 44 years old, it should be considered a natural drainage and the building contractor 's responsibility. After discussion, the motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-(out of the room) Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 9. 3 Monthly financial reports for September and October. Financial reports for September and October were distributed by Mary Blasi and City Manager Flatley said the city is financially on line. 9. 4 Status report from Downtown Redevelopment Agency. I Michael Smith presented the Downtown Redevelopment Agency 's status report � p pointing to the need for additional off-street parking to improve existing and future business potential downtown, recommending that a special parking fund be created by the City, in next year 's budget, to develop more: parking spaces . The Agency recommendation included metering the public rights-of-way in the downtown area, including City Hall, with N.W. 1st St. to be the first street area to be metered, and pursuit of lease agreements with private property owners in the ! ' downtown area with the city placing parking meters on those leased properties and providing the necessary paving and Regular Commission Meeting 7 7ecember 13, 1988 �1 striping improvements for that. Revenue generated from the 1 meters would go into the special parking development fund . City Manager Flatley asked for direction with regard to installing meters . Vice Mayor Cook asked City Attorney Adler to check the deed to City Hall to see if charging for parking is prohibited. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to accept the recommendation of the Downtown Redevelopment Agency and proceed with the parking program as discussed, subject to legal opinion. 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 i 9. 5 Discussion regarding environmentally sensitive lands . Vice Mayor Cook reported on action taken by the County Commission voting 6-1 to direct General Counsel to make preparations for a proposed bond election and the proceeds from the bonds are going to be used to purchase the environmentally sensitive lands. She explained that General Counsel was directed to draft an e .s . l . ordinance for Broward County and, as a result, the County may abandon the existing map and base the e.s.l . ' s on the new ordinance instead of the existing map. Concerns regarding property rights and municipality tax base rights were also discussed. 10. CITIZENS ' COMMENTS No verbal or written requests for Citizens ' Comments for this night 's meeting were received. 11. ADMINISTRATIVE REPORTS 11 . 1 City Manager Flatley 11. 1. 1 Report on fuel tank replacement City Manager Flatley reported he has negotiated a price reduction to $26, 000, within the budget, and the fuel tanks will be removed before the end of the year. 11 . 1 . 2 Status report on Taylor Road construction City Manager Flatley reported a portion of Taylor Road that has been sewered but not built and requested permission to go forward with the preliminary work toward a special assessment project to finish the road. The Commission agreed. City Manager Flatley also reported that 500 letters went out announcing the meeting for discussion of the comprehensive land use plan scheduled for Thursday, December 15th at 8: 00 p.m. City Manager Flatley invited the Commissioners and their families to attend the holiday party at City Hall on December 22nd from 11 : 00 a.m. to 2 : 00 p.m. 11 . 2 City Attorney - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino yielded his time to Bill Wosenitz, who extended holiday wishes, and expressed his feeling that there are still problems with the waterways ordinance. 12. 2 Commissioner Hirsch - no comment . I I Regular Commission Meeting 8 December 13, 1988 1I r i k r i 12. 3 Commissioner Stevens said he will be going out of town and wished all a Happy New Year. 12. 4 Vice Mayor Cook - no comment. p i I 12. 5 Mayor McE.lyea yielded his time to Bill Brooks, who asked about i Brooks Park. At the invitation of Mayor McElyea, Kurt Ely commented on his attendance as Chairman of the Block Grant Committee at a County Commission Meeting and reported that H.U. D. presented Broward County and the participating Cities in the County, including Dania, awards for Partners in Excellence in the Block Grant Program. This Regular Commission Meeting was then adjourned. i i 0/-COMM SSI � CITY CLERK-AUDITOR r-tE j M I " 1 1 t r ✓x r x i s Regular Commission Meeting g I December 13, 1988 ' ' S k 11 } "N a , ��t 4 lY � ..I f F7 FORM ' MEMORANDUM OF VOTING G?` IFLICT FOR COUNTY, iv,,j NIC1PAL, ARID OTHER LOCAL P'._ "IC OFFICERS LASr NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE MAILING:\UUHESI' THE BOARD, COUNCIL.C'OMMISS N, AUTHORITY, OR COMMITTEE ON WHICH i SERVE IS A UNIT OF. C _ .1­6TY ' COUNTY OTHER LOCAL AGENCY CITY C'OUN'rY NAME OF POLITICAL SUBDIVISION: DATE ON\WHICH \OI'E bC&D \IY POSITION Is: � .. :''SELECTIVE _ APPOINTIVE If i WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ' is INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: ro — A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE NIEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. I i • The form should be read publicly at the meeting prior to consideration of the matter in which you hale a conflict of interest. I t l ION\I +II IONN PACIE 'i I L i IF YOU ;HAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: I • You should disclose orally the nature of your conflict in the measure before participating. 3 • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICERS INTEREST 1, CY1 c -1e S li\Ne F I.A hereby disclose that on 1 J e 1.3 y 19 ?K ; (a) A measure came or will come before my agency which (check one) i ✓nurcd to my special private gain; or inured to the special gain of by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: S S Its - �� Cc n y fn CD C_3 n e_,- a I Ci I I j I a I 1 Date Filed Signature i NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONF. OR MORE OF THE FOLLO\PING: I IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN . SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. l L FOX\I III . III.XA P>GC 7 1 i j AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 13, 1988 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE i ROLL CALL PRESENTATIONS 1 . CONSENT AGENDA Minutes 1. 1 September 6, special meeting 1. 2 September 19, special meeting 1. 3 September 27, regular meeting 1. 4 October 11 , regular meeting i Resolutions 1. 5 "A RESOLUTION ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA, FLORIDA, ON TUESDAY, FEBRUARY 14, 1989, FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 14, 1989, AND REPEALING ALL 4, RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE AS OF THE DATE OF ITS PASSAGE AND ADOPTION. " 1. 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ADDENDUM TO WATER AND SEWER AGREEMENT BETWEEN THE CITY OF DANIA AND DESIGN CENTER OF THE AMERICAS LIMITED PARNTERSHIP; 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. " _.J 1. 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ADDENDUM TO WATER AND _ SEWER AGREEMENT BETWEEN THE CITY OF DANIA AND LAUDERDALE AIRPORT HOTEL ASSOCIATES, LTD. ; 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, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE LEASE BETWEEN THE CITY OF DANIA AND ARCADE GAMING II , 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. " 1 OF 4 i i I J i CONSENT AGENDA (continued) Ordinances ( first reading ) 1. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT 15, BLOCK 3, WILMA MANORS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32, PAGE 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, f TOGETHER WITH ANY INTEREST OF PETITIONER/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " j i 1. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE EAST 1/2 OF LOT 6, BLOCK 1, WILMA MANORS , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 4, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONER/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE WEST 1/2 OF LOT 6, BLOCK 1 , WILMA MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 4, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONER/OWNERS IN ' 4 ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE SOUTH 1/2 OF LOT B, RAVENSWOOD HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 6, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONER/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-32 OF ARTICLE II, CHAPTER 13, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, REGARDING MOWING OF PRIVATELY OWNED PROPERTY WITHIN THE CITY OF DANIA; 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 . 14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-PARAGRAPH (I ) ( 1 ) (2 ) (3 ) AND (4 ) OF SECTION 13-69 OF ARTICLE IV, CHAPTER 13, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO REDUCE THE TIME FROM 15 CALENDAR DAYS TO 5 WORKING DAYS TO DISPOSE OF TRASH NOT INCLUDED IN REGULAR PICKUP; 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. " 2. PROCLAMATIONS - none i 2 OF 4 I I t J 1 f 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner/Owner - John Leto, Sr. & Peter Leto, Sr. ; property located at 1910 Stirling Road Public Hearing - LUF-74-88 - A land use flex change is requested to assign 6. 0+ acres of commercial flex acreage to industrial zoned property. (continued from 11/22/88) Administrative (second and final reading ) 4. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4-20, OF ARTICLE II , OF CHAPTER 4, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO DELETE THE WORDS "EXCEPT NIGHTCLUBS" AND THE WORDS "INDOORS OR OUTDOORS" THEREFROM; 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. " 5. SITE PLAN REQUESTS 5. 1 SP-91-88 - Petitioner - Frank Hill ; Owner - Charles McElyea ; property located at 1200 Griffin Road. A site plan approval is requested for the expansion of an existing storage facility. i 5. 2 SP-92-88 - Petitioner/Owner - The Babcock Company; property located at 115 North Bryan Road . A site plan approval is i requested for an amusement center/miniature golf course facility. 5. 3 SP-93-88 - Petitioner/Owner - Mitey Mite Race Track, Inc. ; property located at 1501 NW 1 Street . A site plan approval is requested for the expansion of an existing amusement center/race track . 5. 4 SP-94-88 - Petitioner - Itzhak Dickstein; Owner - Oyster LTD. ; property located at 768 East Dania Beach Boulevard. A site plan approval is requested for a warehouse/retail conversion. ae 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS - none 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Approval of annexation bill draft. 9. 2 Proposed drainage study for Southeast Dania. Presentation by Don Windham. 9. 3 Monthly financial reports for September and October. 9. 4 Status report from Downtown Redevelopment Agency. 9. 5 Discussion regarding Environmentally Sensitive Lands . 3 OF 4 1 i i L. .I ,1 �: �. I I III 11•t itl ( ll� ivtr>,vl �'ti partl@S L�I, , „ I , I i 1. uil a Illru:l,l :.h�nl lei Ib, _ I11, I '.1 I 00 1• In 1 ilr tI•� �il�l 1 `I\l11!ll All'i\,i .lilil,tl l7 O: 1 t I \ I � t t , v�• . �, \V" VA� . �V -� -, � _ cot z-�' w " ,._ A^-- - \. � �\ � . ..•, 4 �' �` -�: ..:ate -�:•: �,;_: . - w_ Y ti� ADDENDUM DANIA CITY COMMISSION REGULAR MEETING DECEMBER 13, 1988 8:00 P.M. SPECIAL REQUESTS 7. 1 Request by Habitat for Hu manity to waive water and sewer impact fees. I - i I I I j j jJ I , +II i i i i i i i I I Lr ;