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Home My WebLink About31295 - MINUTES - City Commission MINUTES DANIA CITY COMMISSION REGULAR MEETING JANUARY 12, 1988 i INVOCATION - Wanda Mullikin 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 Building Official : Paul Maxwell Absent - Mayor : Chester Byrd ( ill ) A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to excuse Mayor Byrd . The motion passed unanimously . PRESENTATIONS - NONE 1 . CONSENT AGENDA Minutes 1 . 1 December 8, 1987, Regular Meeting Bills 1 . 2 Approval of bills paid for the months of October and November, 1987 . ,9 a� Ordinances ( First Reading ) - none i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda . The motion passed on the V j 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 & Zoning 4. 1 Petitioner/Owner: Joseph Mancusi ; property located at the NE corner of Federal Hwy . & NE 2 St . PUBLIC HEARING - VA-60-87 - A variance is requested to place a caboose directly on the property line ( 10 ' setback required ) . j Vice Mayor Cook announced the petitioner ' s request to continue this item until the March 22nd meeting . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue this variance request ( VA-60-87 ) until the March 22, 1988, Regular Commission Meeting . Regular Commission Meeting 1 January 12, 1988 I The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea -yes Commissioner Hirsch-yes Vice Mayor Cook-yes I 4 . 2 Petitioner/Owner: Suzanne Bissonnette ; property located at 504-506 SE 2 Ave . PUBLIC HEARING - VA-61-87 - Variance request to allow the construction of an addition to a duplex home with : ( 1 ) a 6 ' South side yard setback (7 ' setback required ) ; (2 ) a 6 ' rear yard setback ( 15 ' setback required ) . Suzanne Bissonnette stepped forward to explain the request to add a family room to her three-bedroom 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 request ( VA-61-87 ) . Building Official Maxwell reported the P&Z Board recommended approval of the 6 ' side yard setback but denial of the 6 ' rear yard setback due to a water drainage problem in the rear . He i explained that since it is an L-shaped building the petitioner could add on to the front instead . 4 The motion and second were withdrawn and a motion was then made by Commissioner Hirsch, seconded by Commissioner Bertino to approve the 6 ' side yard setback and to deny the 6 ' rear yard w setback portion of the variance request ( VA-61-87 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-no Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 3 Petitioner: James Maurer ; Owner: Christine Vitolo ; property located at 2010 NE 7 Ave . a ) PUBLIC HEARING - VA-62-87 - Variance request to allow the construction of a { bowling alley with 4. 5 parking spaces per lane (6.0 parking spaces per lane required ) as part of a mixed use entertainment/office facility . i Jim Maurer stepped forward to explain the variance request, presented the revised site plan, and described the proposed mixed use facility with the parking on the first floor under the second floor bowling alley, and 19, 000 sq . ft . of office space on the third floor. i Building Official Maxwell reported that the requested parking as calculated for the mixed use should be sufficient to accommodate the building . Vice Mayor Cook opened the public hearing . Hearing Hugo Renda speak in favor of the bowling alley but in opposition to the reduced parking, the Vice Mayor closed the public hearing . The public hearing was reopened to hear comments from Al Spies regarding a potential parking problem that could arise from league play . The public hearing was then closed . i 7 After discussion , a motion was made by Commissioner Bertino, seconded by Commissioner Hirsch, to grant the variance ( VA-62-87 ) conditioned upon agreement that the adjacent property, Federal Self-Storage , also owned by the Vitolo family, could be used for overflow parking if needed . Regular Commission Meeting 2 January 12, 1988 i � r � "t t t The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook -yes i b ) PUBLIC HEARING - SE-63-87 - Special Exception request for an entertainment center (bowling center/lounge ) . It was explained that the lounge will be the typical lounge and snack bar that is in a bowling alley, not a cocktail lounge, and that the entertainment use referred to is bowling . 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 Hirsch, seconded by Commissioner Bertino to grant the special exception ( SE-63-87 ) with the clear understanding that the entertainment part of the approval is bowling only . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes c ) A Site Plan Approval is requested for a mixed use (bowling ) entertainment center/office building . Vice Mayor Cook opened a public hearing . H aring Hugo Renda speak in opposition to the parking arranger ,ts, the Vice Mayor R closed the public hearing . A motion was made by Commissioner Hirsch, seconded by ' Commissioner Bertino to approve the revised site plan for a bowling entertainment center and office building . The motion j passed on the following roll call vote : i Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook -yes (At this time , Vice Mayor Cook announced that agenda item 4 . 5 is to _b. ! be continued until the next meeting, 5. 1 is to be removed from the agenda at City Manager Jewell ' s request, 7 . 1 is to be continued due to the need for more information, and that 9. 1 is to be continued and a workshop probably held on the item. ) * A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue agenda items 4. 5, 7 . 1 and 9 . 1 and to remove item j 5. 1 from the agenda . The motion passed on the following roll call vote : i Commissioner Bertino-yes Commissioner McElyea-yes f Commissioner Hirsch-yes Vice Mayor Cook-yes f 4.4 Petitioner/Owner: Susan McCarthy ; property located at 33 SE 4 f Terr . { PUBLIC HEARING - VA-65-87 - Variance request to allow the construction of a i duplex : ( 1 ) on a 4, 800 sq . ft . lot ( 6, 000 required ) ; ( 2) with tE 44 ' of frontage ( 60 ' required ) . Patricia Rathburn, Attorney for the petitioner, stepped forward to explain the variance request and reported that the P&Z Board recommended approval . It was pointed out that the area is E primarily duplex . ! t Vice Mayor Cook opened the public hearing . Hearing Vincent Carroll speak in opposition , the Vice Mayor closed the public hearing . ) Regular Commission Meeting 3 January 12, 1988 i 1 t E A motion was made by Commissioner Hirsch to approve the variance 4 request ( VA-65-87 ) . Vice Mayor Cook passed the gavel and seconded the motion . The motion passed on the following roll ` call vote : i Commissioner Bertino-no Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook -yes P i Administrative Ordinances ( second and final reading ) 4. 5 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 . * Motion passed to continue this item. ' 5. SITE PLAN REQUESTS 5 . 1 Petitioner/Owner: Frank Pollara ; property located at 768 East Dania Beach Blvd . (cont 'd . from 12/8/87 ) SP-49-87 - Site Plan approval is requested to convert a restaurant/warehouse facility into a restaurant/retail facility i and modify the existing site plan accordingly . Motion passed to remove this item from the agenda . i , 6. EXPENDITURE REQUESTS { 6. 1 Approval of invoices submitted for legal services rendered by Karon , Savikas & Horn in connection with runway expansion . City Manager Jewell , reported that the invoices have been reviewed by City Attorney Adler and , adjustments having been made, recommended approval . A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to authorize payment of the invoices submitted in connection with the airport runway expansion . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook -yes 7 . SPECIAL REQUESTS 7 . 1 Request approval of assignment of cable television franchise from Broward Cablevision to Jones Intercable, Inc . * Motion passed to continue this item . 7 . 2 Request by William Honold to approve an occupational license for a pawn shop . Mr . Honold , owner of Apollo Auto Parts, located at 102 E . Dania Beach Blvd . , stepped forward to request that his current j occupational license be transferred or that he be permitted to obtain a new occupational license for a pawn shop at the same location . Mr. Honold was informed that it has been the Commission ' s policy to disapprove pawn shops in this City. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to deny the occupational license request . The motion to deny passed on the following roll call vote : J Illj t Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes Regular Commission Meeting 4 January 12, 1988 1 1' 7 . 3 Request approval of Medical Director Agreement . f 1 i City Manager Jewell explained that the City ' s former Medical Director has moved out of state and, per Florida Statutes, the City is required to contract the services of a licensed physician to direct its Emergency Medical Services . He recommended approval of an agreement with Dr . Richard Dellerson 1 to serve as Medical Director . I A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to approve and authorize execution of the Medical Director Agreement between the City and Dr . Richard Dellerson . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea -yes Commissioner Hirsch-yes Vice Mayor Cook-yes 7 .4 Request to approve I .T . Parker Trust Committee ' s recommendation to use funds for erecting a civic center by using the funds for furnishing the center . City Manager Jewell explained the request to use I .T. Parker Trust funds to furnish the civic center that is already being built by private dollars . City Attorney Adler pointed out that according to the minutes of the Trust Committee meeting, the Committee ' s recommendation earmarked the funds for erecting a civic center, not furnishing one. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to refer this back to the I .T . Parker Trust Committee . After discussion, the motion and second were withdrawn . it A motion was then made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the request with the express approval of the I .T . Parker Trust Fund Committee . The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 8. APPOINTMENTS 8. 1 Appointment of representative to Park District Commission . Vice Mayor Cook commended Commissioner Bertino ' s past service on this Board and recommended his reappointment . A motion was made by Commissioner McElyea, seconded by Commissioner Hirsch to reappoint John Bertino as the City of Dania ' s representative to the South Broward Park District for the remainder of the term. The motion passed unanimously . 9. DISCUSSION 9 . 1 Discussion regarding trafficways amendment request submitted by Consultech Engineers . * Motion passed to continue this item. 10. CITIZENS ' COMMENTS 10. 1 No verbal or written requests for Citizens ' Comments for this night ' s meeting were received . 11 . ADMINISTRATIVE REPORTS t 11 . 1 City Manager Jewell - no comment. 1 11 . 2 City Attorney Adler - no comment. I 1 12 . COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment . Regular Commission Meeting 5 January 12, 1988 I i F7 i 12 . 2 At the invitation of Commissioner Hirsch, Vito Cassaro stepped I forward to complain about the city ' s ordinance allowing the use of garbage bags instead of garbage pails by private homeowners . 12. 3 Commissioner McEiyea yielded his time to Mr . Schockett, who ` registered a complaint about the poor condition of the beach, and also raised objections to extending Griffin Road . { K 12 .4 Vice Mayor Cook yielded part of her time to Kathy Kelly, of the 1 Ocean Waterway Mobile Home Park, who commented on the Michael j Thomas situation and invited attendance at the February 12th, 10 a .m. meeting with the County . K Vice Mayor Cook described correspondence from Congressman Shaw suggesting the passage of a resolution calling for the ' observance of Armistice Day by the sounding of sirens at 11 a .m . on November llth of each and every year . City Attorney Adler was asked to prepare the resolution for the next agenda . { 12 . 5 Mayor Byrd - absent . j The Commissioners wished Mayor Byrd a speedy recovery, and this Regular Commission Meeting was then adjourned . i i 5 1 i Vice AYOR-COMMISSIONER CITY CLERK -(AUDITOR i i I 1 I 1 i i r 1 . Regular Commission Meeting 6 January 12, 1988 "` i AGENDA DANIA CITY COMMISSION E REGULAR MEETING f JANUARY 12, 1988 8:00 P.M. INVOCATION i PLEDGE OF ALLEGIANCE i i ROLL CALL I PRESENTATIONS 1. CONSENT AGENDA Minutes 1 . 1 December 8, 1987, regular meeting Bills 1. 2 Approval of bills paid for the months of October and November 1987. 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning a` 4. 1 Petitioner/Owner - Joseph Mancusi ; property located at the NE corner of Federal Highway and NE 2 Street Public Hearing - VA-60-87 - a variance is requested to place a w caboose directly on the property line (10 ' setback required) . 4. 2 Petitioner/Owner - Suzanne Bissonnette ; property located at 504-506 SE 2 Avenue Public Hearing - VA-61-87 - a variance is requested to allow the construction of an addition to a duplex e 1 ) a 6 ' South side yard setback ( 7 ' setbacckrequired ) . 2) a 6 ' rear yard setback (15 ' setback required ) 4. 3 Petitioner - James Maurer; Owner - located at 2010 NE 7 Avenue Christine Vitolo; property a) Public Hearing - VA-62-87 - a variance request to allow the construction of a bowling alley with 4. 5 parking spaces per lane ( 6. 0 parking spaces per lane required) as part of a mixed use entertainment offi/ ce facilit y. b) Public Hearing - SE-63-87 - a special exception is requested for an entertainment center (bowling center/lounge) . c) A site plan approval is requested for a mixed use entertainment center/office building. 1 OF 3 1 y f PUBLIC HEARINGS AND OTHER RELATED MATTERS (continued) 4. 4 Petitioner/Owner - Susan McCarthy; Terrace Y% property located at 33 SE 4 Public Hearing - VA-65-87 - a variance is requested to allow E the construction of a duplex: 1 ) on a 4, 800 square foot lot (6, 000 required ) ; I2 ) with 44 ' of frontage (60 ' required) . Administrative Ordinances (second and final reading) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION j 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. " j (continued from 11/24/87) 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - Frank Pollara; property located at 768 East Dania Beach Boulevard (continued from 12/8/87) SP-49-87 - A site plan is requested to convert a restaurant/ 4 warehouse facility into restaurant/retail facility and modify the existing site plan accordingly. w- j 6. EXPENDITURE REQUESTS 6. 1 Approval of invoices submitted for legal services rendered by Karon, Savikas & Horn in connection with runway expansion . 7. SPECIAL REQUESTS 7. 1 Request approval of assignment of cable television franchise from Broward Cablevision to Jones Intercable, Inc. 7. 2 Request by William Honold to approve an occupational license for a pawn shop. 7. 3 Request approval Of Medical Director Agreement . 7. 4 Request to approve I .T. Parker Trust Committee 's recommendation to use funds for erecting a civic center by using the funds for furnishing the center. 8. APPOINTMENTS 8. 1 Appointment of representative to Park District Commission. 9. DISCUSSION 9. 1 Discussion regarding trafficways amendment request submitted by Consultech Engineers . 2 OF 3 v 'ram.. .__ _.. ..... . _... ... _.._. .. ..^ 10. 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 i party will be asked to address the City Commission during the meeting . 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea j 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd ------------------------------------ _______________ i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION I WITH REGARD ANY MATTER ARECORDOF THE PROCEEDINGS,CONSIDERED H MEETING O EDINGS, AND FOR SUCHPURPOSEMAYNEEDATONENSURE 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 i I I 3 OF 3 1 p r, 1 t. y l,�t: