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HomeMy WebLinkAbout31305 - MINUTES - City Commission i MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 22, 1987 i i INVOCATION - REVEREND BISHOP j I PLEDGE OF ALLEGIANCE I 1 ROLL CALL: i Present - 1 Vice Mayor: Jean Cook Commissioners: John Bertino Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell Deputy City Clerk : Marie Jabalee Police Chief : Gilbert Thivener Building Official : Paul Maxwell Absent - Mayor: Chester Byrd A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to excuse Mayor Byrd from this meeting due to illness (hospitalized) . The motion passed unanimously. PRESENTATIONS - none i I 1. CONSENT AGENDA Minutes 1. 1 September 8, 1987, Regular Meeting 1 . 2 September 1 , 1987, Workshop Meeting Resolutions 1. 3 The title of a resolution authorizing the City Manager to complete the arrangements with Caribank for a loan in the amount Of $50, 000 to finance the payment of legal fees necessary to fight the Ft. Lauderdale International Airport runway expansion; and authorizing the appropriate city officials to execute all documents necessary to close said loan transaction was read by City Attorney Adler. 1 . 5 The title of a resolution finding, pursuant to F.S. 163, that j there is a need for a community redevelopment agency to function in the City of Dania and further authorizing the creation of a i community redevelopment agency, a public body to be known as the i "Downtown Redevelopment Agency" was read by City Attorney Adler. Ordinances ( first reading) 1 . 6 The title of an ordinance amending Chapter 25 of the 1980 Code of Ordinances of the City of Dania, by amending Section 25-79 entitled "Fines" to increase the fines to be paid for the improper parking within the city limits of Dania was read for first reading by City Attorney Adler. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the consent agenda with the exception of item 1 . 4. The motion passed on the following roll call vote: f ` Commissioner Bertino-yes Commissioner McElyea-yes i Commissioner Hirsch-yes Vice Mayor Cook-yes I Regular Commission Meeting 1 September 22, 1987 ,i . 1 . 4 (Pulled from Consent Agenda by Commissioner McElyea) Commissioner McElyea spoke in opposition to turning Dania 's first-rate fire rescue dispatch over to the City of Hollywood, expressing concerns about the 911 system, not being sure that Dania' s dispatchers will not be out of a job, having to pay j $50,000 up front, and Dania being locked in to the agreement for a year. He commented that Dania will also have to change radio I frequencies and equipment. City Manager Jewell reported that it currently takes 4-1/2 people to man the 24 hour a day, 7 days a week fire rescue dispatch, and , based on the number of calls being answered right now, it costs $48. 00 a call . He recommended approval of the agreement and expressed confidence that the enhanced 911 system will work out fine from a fire standpoint because, under the mutual aid agreement with all the fire departments in Broward County, if a fire call comes in for Dania through Hollywood and a Dania unit is not available, they will get the next closest unit, whether it be Ft. Lauderdale, Hollywood or Broward County. Fire Chief Grammer explained the advantages of the agreement for fire rescue dispatch services and the benefits to be gained from the new equipment, enabling Dania firefighters to go to the 400 frequency which will improve communications within their own system as well as having the capability to be in communications with Dania 's Police Department. Chief Grammer mentioned that, even though the new system will be utilized after Oct. 1st, he will not be giving up the old radio frequency or disbanding the old system. The title of the resolution approving the agreement between the City of Dania and the City of Hollywood for fire rescue dispatch service and authorizing execution of same by the appropriate city officials was read by City Attorney Adler. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to adopt the resolution approving the agreement with the City of Hollywood for fire rescue dispatch service. The motion passed on the following roll call vote: cm.aJ Commissioner Bertino-yes Commissioner McElyea-no Commissioner Hirsch-yes Vice Mayor Cook-yes 2. PROCLAMATIONS - none f 3. BIDS - none ! ' 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS f i Building 8 Zoning 4. 1 Petitioner: Jeffrey Siniawski , Assistant General Counsel , E Project 80 's; Owner: Broward County PUBLIC HEARING - VC-28-87 - Adoption of Resolution vacating portions of roads within the jurisdiction of the International Airport. (Continued { from 9/8/87) r Vice Mayor Cook announced the continuation of this item until i the next regular meeting of October 13, 1987. j i 4. 2 RZ-19-87 - Rezoning request - Petitioner/Owner: John Bartley; property located at SW 1 St. and 8 Ave. I The title of an ordinance rezoning Block 2, less the north 253.61 ' thereof (as measured at right angles ) , of "Henry Park" , I I together with the east 1/2 of the vacated road (SW 11 Ave. ) adjacent thereto from zoning classification of RM to RM-1 zoning Regular Commission Meeting 2 September 22, 1987 i i , i 1 classification was read for second and final reading by City Attorney Adler. I John Bartley stepped forward to comment that his property is backed up against light industry and surrounded by 16 units to the acre and that his will be the nicest development on the whole west side. Vice Mayor Cook opened the public hearing. Bobbi Grace, Jessie Bell Warren and Juanita Knowles Austin spoke in opposition to rezoning to RM-1, expressing concerns that it might allow more than the 13 units per acre limited by the land use previously approved by the Commission. Building Official Maxwell explained that the RM-1 zoning is recommended because the RM zoning would allow only 12 units per acre but the RM-1 zoning would be capped to comply with the 13 units per acre land use. Hearing Mr. Bartley state that he intends to build only the 33 units approved on the site plan, Vice Mayor Cook closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the rezoning ordinance for a total of 33 units 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. 3 Petitioner/Owner: Cheryl L. Baker; property located at 28 SW 7 Avenue PUBLIC HEARING - VA-38-87 - Variance request to permit the construction of a duplex with : (a) 5 ' south side yard setback (7 ' required ) ; (b) �,.. 2. 65 ' north side yard setback ( 7 ' required) ; (c ) 7 ' rear yard setback ( 15 ' required) . i Cheryl Baker stepped forward and stated that, although new plans were prepared redesigning the building per P&Z Board recommendations, she is requesting that the original variance request be considered. She explained that there is an alley on the north side of the property that is not being used and she would like the building as close to the alley as possible. Tyrone Ash, builder representing the petitioner, described the alley running from SW 7 Ave. to SW 8 Ave. which abuts the vacant parcel that Ms. Baker plans to build an owner-occupied duplex on. Building Official Maxwell reported the P&Z Board 's objection to j the building being 2. 65 ' from the property line. He said the roof overhang may encroach on the adjoining property and the drainage would definitely go into the alley and recommended that } the 2. 65 ' north side yard setback be revised to 5 ' as shown on the new plan. Mr. Ash said if they have to reduce the size of the building, it will be the tenant' s side that will be affected. Vice Mayor Cook opened the public hearing. Irene Newton and Juanita Austin identified themselves as property owners also j I abutting that alley. They agreed with Commissioner Bertino ' s appraisal of the situation that it would be better if the city vacated the alley to the adjoining property owners rather than granting this variance. Hearing Bobbi Grace attest to Ms. Baker's fine reputation as a Dania property owner and builder, Ij Vice Mayor Cook closed the public hearing. 1 City Attorney Adler advised that the public hearing on the variance request could be continued while the petitioner applies for and goes through the request to vacate process. Ms. Baker Regular Commission Meeting 3 September 22, 1987 I agreed that vacation of the alley would be to her best interests. I A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to continue the variance request (VA-38-87) . During discussion of the motion, it was pointed out that the vacation process could take 2-1/2 months. Mr. Ash, in the interests of obtaining financing approvals, requested that the Commission consider the variance request utilizing the new plan changing part (b) of the request to 5 ' instead of 2. 65 ' on the north side yard setback. The motion and second to continue were withdrawn. A motion was then made by Commissioner Hirsch, seconded by Commissioner Bertino to grant the variance (VA-38-87) request as amended. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 4 Petitioner: Kenneth C. Jenne, Esq. ; Owner: Joseph Delillo; property located at East Beach Blvd . , East of NE 5 Court PUBLIC HEARING - VA-39-87 - Variance request to permit the construction of a hotel with: (a) 306 parking spaces ( 389 required ) ; (b) 2 loading spaces ( 10 required) ; (c) maximum height of 136 ' ( 40 ' maximum permitted ) . Patricia Rathburn, Attorney, stepped forward to explain the variance request, describing the proposed hotel site located on East Dania Beach Blvd. east of the Jai Alai Fronton and directly abutting the West Lake Park area, with parkland to the east and south of the site. She said the site is 14+ acres and plans are to develop only about 4 acres, with the balance of the property being left in its natural mangrove state. Ms. Rathburn presented a rendering of the proposed 12 story building, showing the paved area of this building occupying only 16% of the total site. She noted that, unlike the Diamond Center, there is no intensity of use on this site. She said no 4: extra hotel units are planned and, with the surrounding 4•vi parklands, no negative impact is anticipated. Regarding the height, she said 136 ' is requested with the intent to reduce the amount of lot coverage and increase the amount of open space. She also explained the request for reduced parking and loading spaces. Vice Mayor Cook opened the public hearing. Responding to questions raised, Ms. Rathburn said the Corps of Engineers has approved this and the proposed height is acceptable to the F.A.A. She pointed out the location of the Danians Condominium in relation to the proposed hotel . Building Official Maxwell estimated the distance at approximately 1/4 - 1/2 mile away. Bob Mikes commented that he is not opposed to the parking or loading space portions of the variance request, but feels the 136 ' height is excessive . He questioned whether the project is ready to go or if the variance is being requested by speculators for marketing purposes. Mr. Mikes noted that the P&Z Board recommended that this item be tabled and questioned why the Commission was not waiting for the recommendation. City Manager Jewell pointed out other items on the agenda acted on by the Commission despite P&Z Board recommendations to table. In response to Vice Mayor Cook 's question regarding his back- ground, the owner, Joseph Delillo, stepped forward and said he is a third generation builder, has been in the building business I for 40 years, building in Florida for the past 20 years. L Regular Commission Meeting 4 September 22, 1987 r Craig Leonard suggested that if the variance is granted, provision should be made to rescind the variance if the structure is not built within a year. A Danians Condo resident objected to the big building that would obstruct her view, increase traffic along Dania Beach Boulevard, and set the precedent for other tall buildings to come into the area. Hugo Renda spoke in opposition to any high-risers on Dania Beach Boulevard. Asked about fire safety, Building Official Maxwell reported that the building would have to have sprinklers throughout, fire-proof smoke tower evacuation, and would have to comply with all the fire code requirements . Fire Chief Grammer said that a fire in a structure that size, just as with the Sheraton, would utilize the mutual aid system for assistance. He described the smoke tower evacuation system. Vivian Warman raised questions regarding Mr. Delillo's buildings in Hollywood . Clive Taylor spoke in opposition to granting the variance. Lew Gusdorff, of Meadowbrook, asked about Mr. Delillo's financial responsibility and whether he has sold this to a national hotel chain. Ms. Rathburn responded that Mr. Delillo has talked to several hotel chains but at the present time they are planning on running the building themselves after it is constructed. She addressed the concerns about speculators coming in, stating that Mr. Delillo has not put an option on this property, his company owns this property and he is planning on going forward with the development should the variance be granted . Being pressed by citizens to elaborate on his building and financial background, Mr. Delillo registered his objection to the questions, feeling that they have nothing to do with the variance request and are an invasion of his privacy. He did state, however, that he and his family have performed multi-million dollar contracts for government agencies that are bonded and you can ' t get bonds unless you have the financial backing. He gave the locations of several sites he has built in the area. He stated for the record that his company owns the property, intends to develop and operate it, that it will be run by a professional hotel management company, and that they will have a national or international franchise firm as a flag, and the hotel will be run as a hotel . He said he is not representing himself as a hotel man, but as a developer. Kurt Ely spoke in favor of granting the variance, commenting that the Jai Alai is a 10-story building. He expressed his opinion that this proposed hotel differs from the Airport Hilton and Sheraton Design Center hotels which cater to transient people on business trips in that this is the kind of hotel with a view that should attract substantial people that want to stay a week or so on vacation, and that it will go hand-in-hand with the downtown redevelopment program. Hearing Kurt Ely comment that the parking ordinance needs to be readdressed, Vice Mayor Cook closed the public hearing. Commissioner Bertino commented that he would not like to see tall buildings lining the street side by side, but commended this plan in that the building will cover only 16% of the land leaving the rest of the land in its natural beauty. He asked j Mr. Delillo, since a good portion of the land is mangroves, if he would have a problem with taking that mangrove land that adjoins city property, getting the unit acreage designation so he could build on his parcel and deed the mangrove land to the city to increase the city 's park. Mr. Delillo said he will explore the idea. Commissioner McElyea said he thought the intended development was a very nice proposal and would be a real asset to the city and its tax base. i Regular Commission Meeting 5 September 22, 1987 F7 'v Commissioner Hirsch had no comment at this time . A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to grant the variance (VA-39-87) . The following roll call vote was recorded: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-no Vice Mayor Cook-yes 4. 5 Petitioner: L & R of Dania, Inc. ; Owner: M.E.B.A. ; property located at 2 West Dixie Highway PUBLIC HEARING - VA-40-87 - Variance request to permit the sale of beer and wine for consumption on the premises within 1, 000 feet of a church. Vice Mayor Cook announced that this item has been withdrawn. 4. 6 Petitioner/Owner: Henry L. Graham, for L. E.S. ; property located at 1501 SW 12 Avenue (J.A. Ely Boulevard ) PUBLIC HEARING - VC-41-87 - Adoption of Resolution is requested to vacate existing street rights-of-way. Henry Graham stepped forward to request that the street be vacated in order to design and place the buildings in the project the way they are situated on the plan and in order to comply with the County Engineering Department as well as the city's P&Z Board. The title of a resolution vacating certain street and alley rights-of-way legally described as all of the alley right-of-way in Block 1 ; all of Liberty Terrace right-of-way adjacent to Blocks 1,2 and 3; all of the E 1/2 of SW 7 Ave. right-of-way adjacent to Lots 4 thru 9 of Block 2; all of the W 1/2 of SW 7 Ave. right-of-way adjacent to Block 1, less that portion lying within 40 ' of the south line of Section 3, Township 51 South, Range 42 East; all as shown on the plat of "Liberty Heights" was read by City Attorney Adler. I Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, Vice Mayor Cook closed the public hearing. Building official Maxwell explained that L. E.S. wants to take down the existing 62 units and put in new apartment buildings and Liberty Terrace, SW 7 Ave. and an alley run through all the buildings. He said L.E.S. owns the property on both sides of the street. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to adopt the vacation resolution (VC-41-87 ) . The motion passed on the following roll call vote: i Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch--yes Vice Mayor Cook-yes t Administrative (second and final reading of ordinance) 4. 7 A Resolution of the City of Dania, Florida, as required by the City Charter and Section 200. 065, Florida Statutes, approving the millage rate necessary to be levied for the fiscal year 1987-88 was read by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing no one speak Iin favor or opposition, the Vice Mayor closed the public hearing. ember 22, 1987 Regular Commission Meeting 6 Sept i i A motion was made b ner Bertino, by Commissioner McElyea tom adopt othe rresolutioneapprrovving the 1987-88 millage rate. The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 8 A Resolution of the City of Dania, Florida, as required by the City Charter and Section 200. 065, Florida Statutes, for the final approval and adoption of the annual budget of the City of Dania, Florida, for the fiscal year 1987-88 was read by City i Attorney Adler. City Manager Jewell, per Commission direction at the first budget public hearing to revisit two areas within the General Fund, i .e. lifeguards and the detective within the VIN unit, presented his recommendations. Regarding the VIN unit, City Manager Jewell reported that, although the budget reflects one less position, it is not considered to be a manpower cut because the Police Department has not been at 100% manning over the last 18 months . He said, since vacancies have continuously averaged 2 to 3 for the last 18 months, he would have no problem adding another officer back into the budget if the Commission so desires, without changing the dollar amount. Regarding the lifeguards, City Manager Jewell proposed, without increased cost, eight part-time guards at $7.50 per hour, utilizing six part-time guards during the Winter/Fall ( 9/15 - 4/15 ) and eight part-time guards during the Spring/Summer (4/16 - 9/14 ) , the schedules allowing for maximum coverage on weekends ` as well as overlapping hours during the weekdays for peak periods. He recommended that the part-time guards be required to meet the following qualifications : 1 ) Senior Red Cross Lifesaving Certificate; 2) C.P. R. Certification; and 3 ) Pass a test of running, swimming and lifesaving skills. Vice Mayor Cook opened the public hearing. Glenn Morris, supervisor of the lifeguard staff, presented resumes of the current staff and commented that part-time guards as proposed cannot come near the qualifications and experience of the current staff. He pointed out that with the city 's rapid growth, there will be an even greater usage of the beach. He mentioned that no beach on the East coast utilizes part-time lifeguard personnel without at least two or three full-time supervisors to ensure proper training and responsibility assignment for the public 's safety. He appealed to the Commission to consider his proposed solution of taking the $25, 452 allocated for Community Service Officers from the Police Department budget instead of the Beach budget. Responding to questions raised by Lew Gusdorff, City Manager Jewell said the savings by changing the manning levels would be $58, 750 per year and the difference between his proposal and Glenn Morris proposal is $27, 566. 92. (After the public hearing, Mr. Jewell clarified his statement, explaining that the $27, 566. 92 difference between the two proposals is Glenn 's figure based on cost for 2 full-time and 3 part-time guards at $71 , 166. 92, but that figure does not include 45% in fringe benefits . ) Honey Mulloy stressed the importance of the Police, Fire and Lifeguards. She commented that there is no such thing as a slow period on Dania Beach, mentioning that the beach needs to be cleaned up. She commended the current lifeguard staff and asked the Commission to keep them all full-time. Hugo Renda and Janet Swain also spoke against cutting the lifeguard budget, expressing confidence in their life-saving credentials. L Regular Commission Meeting 7 September 22, 1987 i Hearing a citizen speak against eliminating the position in the Police VIN unit, Vice Mayor Cook closed the public hearing. City Manager Jewell, while clarifying his previous statement regarding proposal figures , advised that if the Commission wanted to keep the full-time lifeguards, the shortfall would be about $55,000. Commissioner Bertino suggested that about $40,000 could be made up if the one VIN unit position is eliminated and the other $15, 000 by increasing beach parking fees. Vice Mayor Cook spoke out against cutting the Police Department budget in any fashion and reopened the public hearing. Verlon Burrell commented that even though the Police Department is operating commendably with unfilled vacancies, he would not like to see the VIN unit position removed. Police Chief Thivener stepped forward and stated that he not only needs the VIN detective back, but also the secretary that is a support help to that unit. He presented statistics showing in the last 10 years only a 24% increase in police personnel with an 85% increase in calls for service answered. He said calls for service have increased 20% since last year and announced that last year his Department cleared 31. 7% of cases, well above the national average of 22-23%. In response to Commissioner McElyea's question regarding why certified officers are working inside and only 3 or 4 out on the streets, Chief Thivener said the required paperwork Community Service Aides vacation time coverage at the booking desk were largely responsible. i Commissioner Bertino commented that since the Police Department is doing such an excellent job with two down, why not hire the one and look at more officers next year. Chief Thivener expressed appreciation for the support he has been given by the Commission and the City Manager but said he still needs more and hoped the Commission would give his request for personnel due consideration. Nancy Lindeman complimented the Police Department on doing a fine job. Verlon Burrell spoke in opposition to cutting the lifeguards or the Police Department. Hearing Paul DiMaio suggest the possibility of furnishing the Police Department with volunteer help with the paperwork a couple of hours a day, Vice Mayor Cook closed the public hearing. A motion was made by Commissioner Bertino to decrease the Police Department by one officer and instruct the City Manager to transfer that money and any other he can find to keep the lifeguard situation as close to intact as possible. Commissioner McElyea seconded the motion for discussion, commenting that he didn't like taking from the VIN unit project that is still in its infancy, and really wants to do both. Commissioner Hirsch offered a proposal that the city borrow $100,000, keep the lifeguards and Police Department intact, hope the ad valorem tax coming in will take care of the shortfall and then, if it doesn' t, since the citizens have indicated a willingness to invest in this community, increase taxes. The Commissioners generally agreed that the loan concept was the best way to provide protection in both the lifeguard and police situations. City Attorney Adler advised that money borrowed for operating expenses must be paid back within the fiscal year. City Manager Jewell said if the budget is adopted as is, he could make the adjustments at midyear to finance some $75, 000 worth of capital projects. Regular Commission Meeting 8 September 22, 1987 r Commissioner Bertino withdrew his previous motion and made a new motion to adopt the resolution approving the 1987-88 annual budget with the understanding that amendments will be made later to keep the lifeguards intact and provide for the VIN unit officer and secretary. The motion was seconded by Commissioner Hirsch and passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes * (At this point, a five-minute recess was taken. ) 4 . 9 The title of an ordinance amending Section 13-69 of Article IV of Chapter 13 of the 1980 Code of Ordinances to provide for an increase in the monthly charge for garbage and trash pickups for residential units from $6. 40 to $9. 00 and for small business units from $9. 60 to $12. 50 effective as of the October, 1987 billing date 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. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch 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 w 4. 10 The title of an ordinance amending Section 33-40 of the Code of Ordinances entitled "Boat Slips and Docks; Construction on Waterway of Residence" , by amending sub-section (1 ) thereof to amend the provisions for the construction of boat slips, docks and other facilities on the waterways of residences was read for second and final reading by City Attorney Adler. City Attorney Adler announced that he intends to make further amendments to this ordinance in the future. Vice Mayor Cook opened the public hearing. Hearing Bob Mikes comment that the intent of the ordinance is good but there are some problems with the distances designated and some of the other language in the ordinance, the Vice Mayor closed the public hearing. City Attorney Adler said he would include Mr. Mikes in meetings to prepare a future amendment to refine the ordinance. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance on second and final reading with any necessary amendments. The motion passed on the i following roll call vote : 3 Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes i i 4. 11 The title of an ordinance adopting the annual Sewer Fund budget and making appropriations for the fiscal year beginning October 1 , 1987, and ending September 30, 1988, for the maintenance and carrying on of the Sewer Department of the City of Dania was read for second and final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing no one speak I in favor or opposition, the Vice Mayor closed the public L hearing. i Regular Commission Meeting 9 September 22, 1987 J ga. .:. . ._.. ' k a rA motion was made by Commissioner Hirsch, seconded by Commissioner Bertino 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. 12 The title of an ordinance adopting the annual Water Fund budget and making appropriations for the fiscal year beginning October 1, 1987, and ending September 30, 1988, for the maintenance and carrying on of the Water Department of the City of Dania was read for second and final reading by City Attorney Adler. i 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 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 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. 1 Request by Dania Economic Development Corporation for funding in the amount of $15, 000. (continued from 9/8/87 ) Vice Mayor Cook announced the continuance of this item until the next Regular Commission meeting of October 13, 1987. 7. SPECIAL REQUESTS y.m, 7. 1 Request by John C. Ligotti to allow the filing of a petition to vacate three dedicated road easements and to waive the replatting requirements . (property fronts on SE 5 Avenue) A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to authorize the filing of the vacation petition, refer it to the P&Z Board, and waive the replatting requirements. The motion passed on the following roll call vote: s M+( Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 8. APPOINTMENTS - none 9. DISCUSSION - none 10. CITIZENS ' COMMENTS No verbal or written requests for Citizens ' Comments for this night 's meeting were received. i 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell commented that this was a trying night and thanked the Commissioners for their cooperation. 11. 2 City Attorney Adler - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino expressed regrets at the passing away of Leo Polk and commented on how much he will be missed. j I ' 12. 2 Commissioner Hirsch said he too will miss Leo Polk. ! ` Regular Commission Meeting 10 September 22, 1987 1� r 12. 3 Commissioner McElyea questioned the situation at the beach with respect to the comment made earlier about it not being kept clean and maintained. City Manager Jewell said he would check into it with Public Works Director Lund. r r 12. 4 Vice Mayor Cook expressed her feelings of regret at the loss of Leo Polk. f 12. 5 Mayor Byrd - absent. This Regular Commission Meeting was then adjourned. i MAYOR-COMMISSI NER r i 1 _ DEPUTY TY CLERK-AUDITOR I ror- I i i i I i i i i Y , i Regular Commission Meeting 11 �� : September 22, 1987 Yn : t �i . I AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 22 , 1987 8: 00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1, CONSENT AGENDA Minutes 1987 , Regular Meeting 1 . 1 September 8 , 1 .2 September 1, 1987 , Workshop Meeting Resolutions THE THE 1 .3 "A RESOLUTIRNTOFCOMPLETEYTHE ARRANGEMENTS DWITHUCARIBANKGFOR A LOAN IN THE AMOUNT OF $501000 AT THE INTEREST RATE OF 8 PER ANNUM AND PAYABLE ( FIRST PAYMENT DUE ON OCTOBER 15 , 1988) IN INSTALLMENTS OF $10 , 000 PER YEAR FOR THE FIRST THREE RENE TOAFINANCEMTHE PAYMENTOOFE LEGAL GFEES T ED AFTER T HE THIRD YEAR, NECESSARY TO FIGHT THE FT. LAUDERDLEAUTHORIZZINGATHEIAPPROPRIATENTEROATIONLCITYPOFFICIALSAIRORT YTOXEXECUTE AILD DOCUMENTS NECESSARY TO CLOSE SAID LOAN TRANSACTION; AND w IONS OR PARTS OF RESOLUTIONS IN PROVIDING THAT ALL RESOLUT i CONFLICT BE REPEALE HEREWITH AN EFFECTID T VEDATEE„EXTENT OF SUCH CONFLICT; AND NG NG THE HE IDA 1.4 "A RESOLUTION BETWEENTTHECITY CITY OFDANIA DANIA ANDRTHEICITYROFIHOLLYWOOD AGREEMENT i FOR FIRE RESCUE DISPATCH SERVICE; AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAME BY THE APPROPRIATE CITY r OFFICIALS; AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE J EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. " LORIDA 1. 5 TO RESOLTY UTION OF THE THERE ISAFNEEDIFORFA COMM UNITYDREDEVELOP PURSUANT 63 F. TENT AGENCY TO FUNCTION IN THE CITY OF DANIA AND FURTHER 1 AUTHORIZING THE CREATION OF A COMMUNITY REDEVELOPMENT AGENCY, i A PUBLIC BODY TO BE KNOWN AS THE "DOWNTOWN REDEVELOPMENT AGENCY" , AND PROVIDING FOR AN EFFECTIVE DATE. " i 1 OF 5 i i It J 17 F7_ I CONSENT AGENDA (continued) Ordinances (First Reading) 1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 25 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMENDING SECTION 25-79 ENTITLED "FINES" TO INCREASE THE FINES TO BE PAID FOR THE IMPROPER PARKING WITHIN THE CITY LIMITS OF THE CITY OF DANIA, FLORIDA; 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. " i 2. PROCLAMATIONS - none 3. BIDS - none i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4 . 1 Petitioner - Jeffrey Siniawsky, Assistant General Counsel, f Project 80 ' s ; Owner - Broward County Public Hearing - VC-28-87 - Adoption of resolution vacating portions of roads within the jurisdiction of the International Airport . (continued from 9/8/87) 4.2 Petitioner/Owner - John Bartley; property located at SW 1 Street and 8 Avenue Public Hearing - RZ-19-87 (second & final reading of rezoning ordinance ) j "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: BLOCK 2 , LESS THE NORTH 253 .61 FEET THEREOF ( AS MEASURED AT RIGHT ANGLES) , OF "HENRY 1 PARK" , AS RECORDED IN PLAT BOOK 24 , PAGE 27 , OF THE PUBLIC { RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH THE EAST ONE-HALF OF THE VACATED ROAD (SW 11 AVENUE) ADJACENT THERETO. SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA, `, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RM TO :x.aF RM-1 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; 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. 3 Petitioner/Owner - Cheryl L. Baker; property located at 28 SW 7 Avenue Public Hearing - VA-38-87 - A variance is requested to permit the construction of a duplex with: (a) 5 ' south side yard setback (7 ' required) ; (b) 2.65 ' north side yard setback (7 ' required) ; (c) 7 ' rear yard setback ( 15 ' required) . i i ` 2 OF 5 PUBLIC HEARINGS AND OTHER RELATED MATTERS (continued) 4.4 Petitioner - Kenneth C. Jenne, Esq. ; Owner - Joseph Delillo, property located at East Beach Blvd. , East of NE 5 Court. Public Hearing - VA-39-87 - A variance is requested to permit the construction of a hotel with: (a) 306 parking spaces ( 389 required ) ; (b) 2 loading spaces ( 10 required) ; (c) maximum height of 136 ' (40 ' maximum permitted ) . 4. 5 Petitioner - L & R of Dania, Inc. ; Owner - M. E.B.A. ; property located at 2 West Dixie Highway Public Hearing - VA-40-87 - A variance is requested to permit the sale of beer and wine for consumption on the premises within 1 ,000 feet of a church. 4. 6 Petitioner/Owner - Henry L. Graham, for L.E.S. ; property located at 1501 SW 12 Avenue (J.A. Ely Boulevard) Public Hearing - VC-41-87 - Adoption of Resolution is requested to vacate existing street rights-of-way. 3 Administrative (second and final reading of ordinance) 4. 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065 , FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1987-88; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, FOR w THE, FINAL APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA, FLORIDA, FOR THE FISCAL YEAR 1987-88; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69 OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA TO PROVIDE FOR AN INCREASE IN THE MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS FROM $6.40 TO $9 .00 AND FOR SMALL BUSINESS UNITS FROM $9. 60 TO $12. 50; 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 THAT THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE AS OF THE OCTOBER, 1987 BILLING DATE. " i 3 OF 5 ft f " 1� ^ PUBLIC HEARINGS AND OTHER RELATED MATTERS (continued) 4 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 33-40 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "BOAT SLIPS AND DOCKS; CONSTRUCTION ON WATERWAY OF RESIDENCE" , BY AMENDING SUB-SECTION (1 ) THEREOF TO AMEND THE PROVISIONS FOR THE CONSTRUCTION OF BOAT SLIPS, DOCKS AND OTHER FACILITIES ON THE WATERWAYS OF RESIDENCES; 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. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1987 , AND ENDING SEPTEMBER 30, 1988, FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE 1 EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1987, AND ENDING SEPTEMBER �4 30 , 1988, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR r PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE j DATE. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS + 6. 1 Request by Dania Economic Development Corporation for funding in the amount of $15,000. (continued from 9/8/87) 7. SPECIAL REQUESTS 7. 1 Request b � y John C. Ligotti, to allow the filing of a petition to vacate three dedicated road easements and to waive the replatting requirements . (property fronts on SE 5 Avenue) 8. APPOINTMENTS - none f 9 . DISCUSSION - none i i 4 OF 5 r ;. 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.the event that the concern remains unresolved the party will be asked to address the City Commission duringn nthe orIn 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 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 i 5 OF 5 f I L� ,r. `.F i.; `.I