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Home My WebLink About31291 - MINUTES - City Commission FT 1 MINUTES DANIA CITY COMMISSION i REGULAR MEETING FEBRUARY 23 , 1988 S INVOCATION - Wanda Mullikin f PLEDGE OF ALLEGIANCE ROLL CALL: Present - Vice Mayor : Jean Cook Commissioners : John Bertino Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief : Gilbert Thivener Absent - Mayor: Chester Byrd ( ill ) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to excuse Mayor Byrd. The motion passed unanimously. " PRESENTATION: Debbie Scott of Port Everglades and Phil Tokich I Debbie Scott, with the Port Authority, Coordinator of the Port Everglades Master Plan, explained that the facilities development plan for the Port is being prepared in compliance with the State ' s State and Regional Planning Act of 1985 in j cooperation with the local cities that have municipals jurisdiction within the Port (Hollywood , Fort Lauderdale and Dania ) as well as the South Florida Planning Council , Broward County Office of Planning, Broward County Planning Council and the South Florida Regional Water Management District and ,. , will be included in the coastal management elements of the local cities ' plans . E Ken Parkinson and Phil Tokich, representatives of Frederick s R. Harris Inc. , the engineering consulting firm hired by the Port, presented details of the existing land use plan, proposed future land use plan, proposed facilities development and proposed transportation improvements . The Commissioners expressed concern about the impact on the City of Dania from the containerized trucking and asked that the proposed access crossing be eliminated from the plan. * At this time, Vice Mayor Cook commended the University Jaycees, Mark Redstone , Gil Gesauldi and John Vollman for their assistance in furthering the City's beautification projects in 1987, and presented a placque and Certificates of I Appreciation signed by Mayor Byrd . 1 . CONSENT AGENDA Minutes 1. 1 February 3, 1988, Workshop Meeting 1 . 2 February 9, 1988, Regular Meeting Resolutions a 1. 3 The title of a resolution recognizing the excellent work E performed by the Broward County League of Cities Bi-Centennial Commission in the celebration of the 200th anniversary of the J founding of the Constitution of the United States was read by City Attorney Adler. Regular Commission Meeting 1 February 23 , 1988 L Ordinances (First Reading) 1 . 4 The title of an ordinance amending Chapter 22, Article I, Section 22-5 of the 1980 Code of Ordinances by adding Subsection (2) ( i ) providing for limitations on the installation and uses within street swale areas within the City of Dania was read for first reading by City Attorney Adler. I Addendum Items: 1. 5 The title of a resolution expressing congratulations and best wishes to the Port Everglades Authority on its sixtieth birthday was read by City Attorney Adler. 1 . 6 Approval of expending $3, 000 from the Law Enforcement Trust Fund to be used for police investigations . A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the consent agenda . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building 6 Zoning Y^ 4 . 1 Petitioner/Owner: Leonard & Inez Stewart ; property located at 40 NW 13 Ave. PUBLIC HEARING - VA-01-88 - Variance request to allow the construction of an addition with a 6 ' rear yard setback (15 ' required) Inez Stewart explained the variance request to add a den and washroom to her home. Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Vice Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch, to grant the variance (VA-01-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 2 Petitioner/Owner: Seaside Group, Inc. ; property located at the 900 block of SE 2 Ave . PUBLIC HEARING - VA-05-88 - Variance request to allow the construction of nine single family homes with a 20 ' front yard setback and a 15 ' rear yard setback (25 ' required for both front and rear yards ) Patricia Rathburn, Attorney representing the petitioner, described the planned new development of 38 homes on 4 blocks and explained the need for a variance on one of the blocks to ensure equal value of the homes. She reported that the P&Z Board recommended a 25 ' front yard i setback and 15 ' rear yard setback with the condition that the I front shall be uniform. She stated the petitioner has met the J P&Z Board 's condition regarding front uniformity. However, upon the advice of the architect, a compromise of 22 ' front yard setback and 13 ' rear yard setback is now being requested. Regular Commission Meeting 2 February 23, 1988 I F71, I Vice Mayor Cook opened the public hearing. Peggy Breeschoten, Angela Rowe, and Hugo Renda commented in opposition . Ms . Rathburn responded to the objections raised regarding the sight of backyards from SE loth Street, stating that the petitioner would agree to exceed the normal landscaping requirements of the City to shield or buffer SE loth Street. Hearing a citizen ask about where the trash will be placed, the Vice Mayor closed the public hearing . The Commissioners, agreeing that if the petitioner built smaller homes , their lower market value would lessen the neighboring property values, discussed various conditions they could place on the variance . I A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino, to grant the variance (VA-05-88 ) allowing a 20 ' front yard setback and a 15 ' rear yard setback, conditioned upon trash containers and a continuous hedge of greenery to be maintained by the property owner. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4.3 Petitioner/Owner: Nolan Valene; property located at 604 SW 2 Ave. PUBLIC HEARING - VA-11-88 - Variance request to allow the placement of three separate electrical meters to an existing residential structure Nolan Valene stepped forward to explain the variance request to install three separate meters which would enable him to bring his triplex service panels up to code. He mentioned that the property is zoned duplex but the City 's Water Department and F. P. & L. recognize it as a triplex, basing their deposit on three units . Vice Mayor Cook opened the public hearing . Hearing Hugo Renda comment in opposition and Mr. Valene respond that he recently purchased the property, is in the process of rehabilitating it , intends to reside there and have the tenants put up their own electrical deposits, the Vice Mayor closed the public hearing. a A motion was made by Commissioner Bertino, seconded by I Commissioner Hirsch, to deny the variance request (VA-11-88) . Vice Mayor Cook directed City Manager Jewell to check on the meter situation in the area and straighten out the utility billing procedure in this case. The motion to deny passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes Administrative Ordinances (second and final reading ) 4. 4 The title of an ordinance annexing to the City of Dania the South 200 feet of the East 200 feet of "Halligan Heights" , less the South 18 feet and less the East 20 feet thereof for road right-of-way (NW corner of Ravenswood & Stirling ) was read for second and final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing Joe Dorsey explain that the Dania Branch of the Family Bank of Hallandale will be located on this property, the Vice Mayor closed the public hearing. I 1 Regular Commission Meeting 3 February 23, 1988 I i 1 r I � t � 1 A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to adopt the annexation ordinance on second and final reading . The motion passed on the following roll call E vote: l Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 5 The title of an ordinance amending Sections 13-68 through 13-71 1 of Article IV of Chapter 13 of the 1980 Code of Ordinances to provide for pickups of garbage and trash at residential and commercial sites was read for second and final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Vice Mayor closed the public hearing . i A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : ? Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 6 An ordinance amending Section 2. 4 of the Code of Ordinances by amending the existing Civil Service rules in their entirety by setting forth the principles and procedures that are to be followed by the City of Dania in its personnel program; providing for exceptions to the personnel covered by Civil Service ; providing for a Civil Service Board ; providing for a classification and compensation plan; providing for a separation and disciplinary action; providing for a grievance procedure; and providing for an appeal procedure. (continued from 2/9/88 ) ' A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue this item until the next regular meeting of March 8 , 1988. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS - none 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Discussion regarding "No Parking" signs along NW 1 St. and 1 Ave . City Manager Jewell requested continuance of this item to give the Commission time to review additional information just distributed . i A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue this item until the next regular meeting of March 8, 1988. The motion passed on the following roll call vote : 1 Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 10. CITIZENS ' COMMENTS 10. 1 No verbal or written requests for Citizens ' Comments for this night 's meeting were received . Regular Commission Meeting 4 February 23, 1988 i F7 �_ i 11 . ADMINISTRATIVE REPORTS ' i 11 . 1 City Manager Jewell - no comment . 11 . 2 City Attorney - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino commented on businesses not maintaining required landscaping. 12. 2 Commissioner Hirsch requested that the Downtown Development Authority be presented at the next meeting . 12. 3 Commissioner McElyea reported on the status of the survey he is taking with Public Works Director Lund regarding trash dumping options . Commissioner McElyea commented on the civic center and asked about the c.o. and when the city will be able to take possession. City Manager Jewell said the certificate of occupancy will be issued in the next few days , but the city will not be taking possession until the "punch list" is satisfied . i Commissioner McElyea commented on tennis courts that need to be repaired and reported the need for code enforcement regarding abandoned cars in the northwest section . -A, 12. 4 Vice Mayor Cook commented on the need to check on the streetlights again. 12. 5 Mayor Byrd - absent . This Regular Commission Meeting was then adjourned . if MAY , COMMISSIONER CITY CLERK-AUDITOR I i i I i h 1 L Regular Commission Meeting 5 February 23, 1988 AGENDA j DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1988 8:00 P.M. i i i INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I PRESENTATIONS - Debbie Scott of Port Everglades and Phil Tokich 1. CONSENT AGENDA Minutes 1. 1 February 3, 1988, workshop meeting 1 . 2 February 9, 1988, regular meeting Resolutions ? 1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RECOGNIZING THE EXCELLENT WORK PERFORMED BY THE BROWARD COUNTY LEAGUE OF CITIES BI-CENTENNIAL COMMISSION IN THE CELEBRATION OF THE 200TH !� ANNIVERSARY OF THE FOUNDING OF THE CONSTITUTION OF THE UNITED STATES ; AND PROVIDING FOR AN EFFECTIVE DATE." Ordinances 1. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING CHAPTER 22, ARTICLE I , SECTION 22-5 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA BY ADDING SUBSECTION ( 2 ) ( i ) PRO- VIDING FOR LIMITATIONS ON THE INSTALLATION AND USES WITHIN STREET SWALE AREAS 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. " 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS - Building b Zoning 4. 1 Petitioner/Owner - Leonard & Inez Stewart; property located at 40 NW 13 Avenue Public Hearing - VA-01-88 - a variance is requested to allow the construction of an addition with a 6 ' rear yard setback ( 15 ' required) . 4. 2 Petitioner/Owner - Seaside Group, Inc. ; property located at the 900 block of SE 2 Avenue Public Hearing - VA-05-88 - a variance is requested to allow the construction of nine single family homes with a 20 ' front yard setback and a 15 ' rear yard setback (25 ' required for both front and rear yards) 1 OF 3 i i J ` r i f i PUBLIC HEARINGS (continued) 4. 3 Petitioner/Owner - Nolan Valens ; property located at 604 SW 2 Avenue Public Hearing - VA-11-88 - a variance is requested to allow the placement of three separate electrical meters to an existing residential structure s. Administrative Ordinances (second and final reading ) 4.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE SOUTH 200 FEET j OF THE EAST 200 FEET OF "HALLIGAN HEIGHTS" , ACCORDING TO THE f PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 18 FEET AND LESS THE EAST 20 FEET THEREOF FOR ROAD RIGHT-OF-WAY; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " (NW corner of Ravenswood & Stirling Roads) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTIONS 13-68 THROUGH 13-71 OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA TO PROVIDE FOR CHARGES FOR PICK-UPS OF GARBAGE AND TRASH AT RESIDENTIAL AND COMMERCIAL SITES; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL REOSLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " ' 4. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2. 4 OF THE CODE OF ORDINANCES BY AMENDING THE EXISTING CIVIL SERVICE RULES IN THEIR ENTIRETY BY SETTING FORTH THE PRINCIPLES AND PROCEDURES THAT ARE TO BE FOLLOWED BY THE CITY OF DANIA IN ITS PERSONNEL PROGRAM ; PROVIDING FOR EXCEPTIONS TO THE PERSONNEL COVERED BY CIVIL SERVICE; PROVIDING FOR A CIVIL SERVICE BOARD; PROVIDING FOR A CLASSIFICATION AND COMPENSATION PLAN; PROVIDING FOR A SEPARATION AND DISCIPLINARY ACTION ; PROVIDING FOR A GRIEVANCE PROCEDURE; PROVIDING FOR AN APPEAL PROCEDURE; 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. " (continued from 2/9/88) 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS - none 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Discussion regarding "No Parking" signs along NW 1 Street and 1 Avenue. 2 OF 3 I 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested Parties that are not a part of the regular agenda should be given in f writing or communicated verbally prior to 4: 00 p.m. the second (2nd) EEE 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 F to address the City Commission during the meeting. 11 . ADMINISTRATIVE REPORTS a 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd ------------------------------------ ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i w- 3 OF 3 I J yc„t s r� I ADDENDUM f j DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 23, 1988 8:00 P.M. � t I nhX j 1. CONSENT AGENDA (cont 'd) 1 . 5 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, EXPRESSING ITS CONGRATULATIONS AND BEST WISHES TO THE t PORT EVERGLADES AUTHORITY ON ITS SIXTIETH BIRTHDAY. " 1. 6 Approval of expending $3, 000 from the Law Enforcement Trust Fund to be used for police investigations. i i 1 I i I ` J 1 a ,