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HomeMy WebLinkAbout31339 - MINUTES - City Commission r, i MINUTES DANIA CITY COMMISSION j REGULAR MEETING DECEMBER 9, 1986 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE i ROLL CALL: Present - Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook Howard Hirsch City Attorney, Frank Adler j City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell Absent - Commissioner: Charles McElyea A motion was made by Commissioner Hirsch, seconded by Commissioner Cook j to excuse Commissioner McElyea , who is in the hospital scheduled for surgery the next day. The motion passed unanimously. •.� 1 . CONSENT AGENDA Minutes 1 . 1 November 25 , 1986 , Regular Meeting . Bills 1 .2 Approval of bills paid in October, 1986 . ' r Administrative Resolutions 1 .3 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 10 , 1987 , for :_• the purpose of nominating City Commissioners to be voted upon at the general election to be held on Tuesday, March 10, 1987 , was i read by Mayor Bertino. Building 6 Zoning Ordinances (First Reading ) 1 .4 Petitioner: A. J. Ryan , Jr. ; Owner: Brian Pegram; property j located at 5801 Bryan Rd . y i RZ-37-86 - Rezoning request from M-2 to IRO (24 .3613 acres ) ttE The title of an ordinance rezoning the N 1/2 of the N 1/2 of the t SW 1/4 of the SE 1/4 , less the E 40 ' thereof; the S 1/2 of the N 1/2 of the SW 1/4 of the SE 1/4 , less the E 30 ' thereof; the E 100 ' of the N 147 ' of the S 200 ' of the W 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 , together with the E 1/2 of the SE 1/4 1 of the SW 1/4 of the SE 1/4 , less the E 30 ' , less the S 53 ' and less the external area of the chord of a 30 ' radius curve tangent to the W line of said E 30 ' and tangent to the N line of said S 531 , all in 33-50S-42E, from zoning classification of M-2 to IRO was read for first reading by City Attorney Adler. 1 .5 Petitioner: Alexander V. Rieman , Es q. ; Owner: Nicholas f sPasquariello; property located on Taylor Rd . } RZ-80-86 - Rezoning request from IG to IRO ( 1 .0000 acre ) j The title of an ordinance rezoning the E 142.31 ' of the W 1 658.97 ' of the N 1/2 of the NW 1/4 of the SE 1/4 of the NW 1/4 of 26-50S-42E , less the S 30 ' thereof , from zoning classification of IG to IRO was read for first reading by City Attorney Adler. I Regular Commission Meeting 1 December 9 , 1986 1 .6 Petitioner: Berry & Calvin Engineers; Owner: John Sessa; property located at SE 3 Ave. & SE 7 St . PL-86-86 - Plat approval request (1 . 535 acres ) The title of an ordinance approving the plat of "Marc Sessa Plat" was read for first reading by City Attorney Adler. Administrative Ordinances (First Reading ) - none F A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes 2 . PROCLAMATIONS - none 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS BUILDING & ZONING 4 . 1 Petitioner/Owner: John Bartley; property located at the corner of SW 4 Ave. and 7 St . 't PUBLIC HEARING - VA-75-86 - Variance request to allow 4 units on an oversized lot with insufficient frontage . (Continued from 11/25/86 ) �r s John Bartley explained that he is changing the request from 4 units to 3 units and the 7 ' rear setback to 9 ' rear setback. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 1 A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant the variance (VA-75-86 ) as changed to allow 3 units and 9 ' rear setback . The motion passed unanimously. 4 .2 Petitioner/Owner: John Bartley; property located at the corner + of SW 4 Ave. and 6 St . PUBLIC HEARING - VA-76-86 - Variance request to allow 4 units on an oversized lot with insufficient frontage . (Continued from 11/25/86 ) John Bartley explained the request to allow 4 units on a 15 ,000 sq. ft. lot. Mayor Bertino opened the public hearing. Hearing comments regarding parking and expressions of concern relative to the appearance of a multiple dwelling in a duplex area , the Mayor closed the public hearing . Building Official Maxwell reported that the lot size is well j over the required square footage and that if the property were divided into two lots of 7500 sq. ft. each, Mr. Bartley could put a duplex on each (6000 sq. ft . required ) with no need for a variance at all . i j Building official Maxwell reported that for 4 units , 8 on-site parking spaces would be required . At Mayor Bertino' s I suggestion , Mr. Bartley agreed he could provide 2 additional parking spaces in an effort to alleviate the parking problem, j I i Regular Commission Meeting 2 December 9 , 1986 I A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve the variance with two additional parking spaces to be made available to the area (total 10 ) , a wooden fence in back, and additional landscaping. Disagreeing C as to whether one or two buildings was preferable, the motion and second were withdrawn. A motion was then made by Commissioner Cook, seconded by Commissioner Hirsch to continue the variance request (VA-76-86 ) until the next regular meeting of December I6 , 1986. Mr. Bartley was asked to get a site plan, contact interested parties, and try to work out an amenable solution in the interim. The motion to continue passed unanimously. ADMINISTRATIVE ORDINANCES (Second & Final Reading) 4 .3 An ordinance amending Section 22-5 of the 1980 Code of Ordinances entitled "Pavement, Improvement and Use of Drainage Swales" by adding a subsection (I ) thereto prohibiting the placement of objects in swale areas within the public right-of-way of streets, or other public rights-of-way owned or controlled by the City of Dania. (Cont ' d. from 11/25/86 ) AND 4 .4 An ordinance amending Sections 13 .68 and 13 . 69 of Article IV, Chapter 13 of the 1980 Code of Ordinances entitled "Garbage and Trash" , to amend the definition of "small business" and to amend the services and charges for services provided by the City. (Cont' d . from 11/25/86 ) A motion was made by Commissioner Hirsch, seconded by ,. Commissioner Cook to continue the second and final reading of the ordinances contained in agenda items 4 .3 and 4 .4 until the next regular meeting of December 16 , 1986, as the directed i changes to the ordinances are not yet completed. The motion passed unanimously. 5 . SITE PLAN REQUESTS - none 6 . EXPENDITURE REQUESTS 6 . 1 Approval of Agreement with City of Hallandale for the purchase of 1 .5 million gallons of wastewater reserve capacity. City Manager Jewell reported that the City of Dania has now met and/or exceeded its capacity of flow to the Hollywood solid waste treatment plant and requested approval of an agreement with the City of Hallandale for transfer of reserve capacity. City Attorney Adler reported that the cost of this reserve capacity was factored into the sewer impact fees. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to approve and authorize execution of the agreement with the City of Hallandale regarding the purchase of wastewater reserve capacity. The motion passed unanimously. 6 .2 Request expenditure of funds to proceed with final phase of engineering and legal study of the Hollywood Large User water Ayreement and its related charges. City Manager Jewell reported on the preliminary review conducted with the cities of Hallandale, Miramar and Pembroke Park, and requested approval to proceed with phase 2 of the study and/or possible legal action , and to commit to payment of Dania' s proportionate share of the cost, being approximately $i3 ,000 . ,1 A motion was made by Vice Mayor Byrd, seconded by Commissioner I Cook to authorize the City Manager to proceed as requested. The L motion passed unanimously. Regular Commission Meeting 3 December 9, 1986 i • j • r 7 . SPECIAL REQUESTS 7 . 1 Request by Upwind Surfing to extend 30 day permit for display . flags at 222 North Federal Highway. 0 A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to extend the permit for Upwind Surfing to display its flags for an additional six (6 ) months . The motion passed unanimously. 7 . 2 Request authorization for City Manager and City Attorney to negotiate with Attorney A. J . Ryan for the purchase of Burrows Property lying west of SW 12 Ave . a City Manager Jewell explained that the 2 .72 acre parcel is contiguous to existing City property and recommended approval. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to authorize negotiations as requested. The motion passed unanimously . i ADDENDUM ITEM: 7 .3 Request from Bobbie Grace representing Dania Activity Committee for support from the City of Dania in co-sponsoring Dr. Martin Luther King Day activities . Bobbie Grace stepped forward to describe the planned Martin t Luther King Day program, urged participation, requested a $1000 contribution from the City Commission to co-sponsor the activities, and asked that the City Commission adopt a resolution establishing a holiday in memory of Rev. Martin Luther King , Jr. b"4 Mayor Bertino read the title of the resolution establishing a holiday in memory of Rev. Martin Luther King , Jr. City Attorney Adler quoted language from the body of the resolution stating that city employees are to receive an additional holiday each anuary in memory of Rev. Martin year on the third Monday in J Luther King, Jr. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to adopt the resolution establishing a holiday in memory of Rev. Martin Luther King, Jr. The motion passed F unanimously . a A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to authorize the expenditure of $1000 to r co-sponsor the Martin Luther King Day activities. The motion passed unanimously. ADDENDUM ITEM: 7 .4 Request from Mt. Pleasant AMF. Church to hold a Church Carnival i on City owned property located next to Collins Elementary School , February 4 - 8 , 1987 . City Manager Jewell explained the request and recommended { approval upon proof of proper insurance . F j A motion was made by Commissioner Hirsch, seconded by Vice Mayor for Mt . Pleasant AME Church to hold a 987, on City-owned property as Church Carnival Feb. 4-8 , i described , provided proof of proper insurance is presented. The motion passed unanimously. 1 I' 8 . APPOINTMENTS - none 9 . DISCUSSION ' I I 10 . CITIZENS ' COMMENTS No verbal or written requests for Citizens' Comments for this night' s meeting were received. ing 4 December 9 , 1986 Regular Commission Meet t i 11 . ADMINISTRATIVE REPORTS I 11 .1 City Manager Jewell reported that he had set a workshop for December lith to meet with the Civil Service Board to discuss proposed new civil service rules, but was now cancelling that workshop due to conflicting schedules . € City Manager Jewell also reminded the Commission that a short Executive Session is needed regarding collective bargaining. The Commissioners said they would check their calendars and asked the City Manager to get back to them the next day to set those two dates. 11 .2 City Attorney Adler reported on the current status of action regarding the Houston Park lease. 12. COMMISSION COMMENT 12.1 Commissioner Cook expressed concerns about the condition of j Police Department automobiles and equipment. 12.2 Commissioner Hirsch - no comment. 12 .3 Commissioner McElyea - absent. 12.4 Vice Mayor Byrd commented on the benefits derived from attending i the National League of Cities conference in San Antonio. i 12.5 Mayor Bertino commented on a letter of thanks received from Continental Companies regarding development of the Sheraton .. Design Hotel and Office Plaza. l i i Extending wishes to Commissioner McElyea for a speedy re ver , this Regular Commission Meeting was then adjourned._ ,- /! YOR-COMMISSIONER CLERK-AUDITOR 1 j 3 } i 5 December 9 , 1986 Regular Commission Meeting J 7' AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 9 , 1986 8 : 00 P.M. i I INVOCATION I t PLEDGE OF ALLEGIANCE ROLL CALL f i t 1. CONSENT AGENDA i Minutes 1 . 1 November 25 , 1986, Regular Meeting Bills I 1. 2 Approval of bills paid in October 1986 [f Administrative Resolutions 1 . 3 Adoption of a resolution entitled "A RESOLUTION ESTABLISHING f FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA, FLORIDA, ON TUESDAY, FEBRUARY 10 , 1987 , FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 10 , 1987 , AND REPEALING ALL 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. " fi Building & Zoning Ordinances (First Reading ) s 1 . 4 RZ-37-86 - Rezoning Request - Petitioner - A. J. Ryan, Jr. ; 1 Owner - Brian Pegram; property located at 5801 Bryan Road "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SE 1/4 , LESS THE EAST 40 FEET THEREOF; THE S 1/2 p( ! OF THE N 1/2 OF THE SW 1/4 OF THE SE 1/4 , LESS THE EAST 30 FEET THEREOF; THE EAST 100 FEET OF THE NORTH 147 FEET OF THE SOUTH {! 200 FEET (AS MEASURED ALONG THE EAST AND SOUTH LINES) OF THE W 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 ; TOGETHER WITH THE 1 E 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 , LESS THE EAST 30 FEET, LESS THE SOUTH 53 FEET AND LESS THE EXTERNAL AREA OF THE CHORD OF A 30 FOOT RADIUS CURVE TANGENT TO THE WEST LINE OF SAID EAST 30 FOOT AND TANGENT TO THE NORTH LINE OF SAID SOUTH 53 FEET, ALL IN SECTION 331 TOWNSHIP 50 SOUTH , RANGE 42 EAST, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF M-2 TO IRO ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY 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. " 1 OF 4 I � 25 x< i Building & Zoning Ordinances (cont'd) (First Reading ) j 1 . 5 RZ-80-86 - Rezoning Request - Petitioner - Alexander V. Rieman , Esq. ; Owner - Nicholas Pasquariello; property located on Taylor Road E "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THE EAST 142. 31 FEET OF THE I WEST 658.97 FEET (AS MEASURED ALONG THE NORTH LINE) OF THE NORTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE SOUTH 30 FEET THEREOF. SAID LAND SITUATE , LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 1 .0000 ACRES MORE OR LESS , FROM ZONING CLASSIFICATION OF IG TO IRO 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. " 1 . 6 PL-86-86 - Plat Approval - Petitioner - Berry & Calvin Engineers; Owner - John Sessa; property located at SE 3 Avenue I and SE 7 Street j "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "MARC SESSA PLAT" , SAME BEING BLOCK 2 , OF "MARIE VILLA AMENDED" , AS RECORDED IN PLAT BOOK 14 , PAGE 62 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCEL: THE NORTH 130 FEET OF BLOCK 2, LESS THE EAST 180 FEET THEREOF. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF �4 DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 1 . 535 ACRES , MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE. OF ALL STREETS, HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "MARC SESSA PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF I 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 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS f Building & Zoning ! 4. 1 VA-75-86 - Petitioner/Owner - John Bartley; property located at the corner of SW 4 Avenue and 7 Street. Public Hearing - A variance is requested to allow 4 units on an oversized lot with insufficient frontage. (Continued from 11/25/86) 4. 2 VA-76-86 - Petitioner/Owner - John Bartley; property located at the corner of SW 4 Avenue and 6 Street. Public Hearing - A variance is requested to allow 4 units on an oversized lot with insufficient frontage. (Continued from 11/25/86) 2 OF 4 1 Administrative Ordinances - (second and final readings) 4. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 22-5 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "PAVEMENT, IMPROVEMENT AND USE OF DRAINAGE SWALF.S" , BY ADDING A SUBSECTION ( I) THERETO PROHIBITING THE ? PLACEMENT OF OBJECTS IN SWALE AREAS WITHIN THE PUBLIC RIGHT-OF-WAY OF STREETS, OR OTHER PUBLIC RIGHTS-OF-WAY OWNED OR CONTROLLED BY 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. " j (Continued from 11/25/86) s' 4.4 "AN ORDINANCE, OF THE CITY OF DANIA, FLORIDA, AMENDING SECTIONS 13.68 AND 13 .69 OF ARTICLE IV, CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "GARBAGE AND I TRASH" , TO AMEND THE DEFINITION OF "SMALL BUSINESS" AND TO AMEND THE SERVICES AND CHARGES FOR SERVICES PROVIDED BY THE CITY; 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 11/25/86) 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. 1 Approval of Agreement with City of Hallandale for the purchase f of 1 . 5 million gallons of wastewater reserve capacity. 6. 2 Request expenditure of funds to proceed with final phase of j engineering and legal study of the Hollywood Large User Wastewater Agreement and its related charges. 7. SPECIAL REQUESTS 7. 1 Request by Upwind Surfing to extend 30 day permit for display flags at 222 North Federal Highway. t 7. 2 Request authorization for City Manager and City Attorney to negotiate with Attorney A. J. Ryan for the purchase of Burrows property lying west Of SW 12 Avenue. i B. APPOINTMENTS - none � t I 9. DISCUSSION i 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 om i be responded to by the office of the City Manager. In the event that the concern remains unresolved , the citizens) or party will be asked to be gdivenstothe theCity Mayor� Commissioner during a1Cityssio n or the meeting. City g. "Emergencies ma to the beginning of the meeting. j I 3OF4 i 1 ' l7 I 1 11. ADMINISTRATIVE REPORTS j 11 . 1 City Manager + 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12.4 Vice Mayor Byrd 12. 5 Mayor Bertino ------------------------------------- __ ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR I HEARING NEED MAYNEED WTOL ENSURE ATHAT OAD VERBATIM OF THE PRECORDIOFS THEN PROCEEDINGSROCEEDNG , AD FOR SUCHPIURPOSE S MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. K Y� � I * THE NEXT REGULARLY SCHEDULED COMMISSION MEETING OF DECEMBER 23 HAS * BEEN RESCHEDULED FOR DECEMBER 16. -ems I i i I 4 OF 4 x:J . >I I i I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING DECEMBER 9 , 1986 8:00 P.M. 7 . SPECIAL REQUESTS (cont' d) 7. 3 REQUEST FROM BOBBIE GRACE REPRESENTING DANIA ACTIVITY COMMITTEE FOR SUPPORT FROM THE CITY OF DANIA IN CO-SPONSORING DR. MARTIN LUTHER KING DAY ACTIVITIES. 7. 4 REQUEST FROM MT. PLEASANT AME CHURCH TO HOLD A CHURCH CARNIVAL ON CITY OWNED PROPERTY LOCATED NEXT TO COLLINS ELEMENTARY SCHOOL, FEBRUARY 4 - 8 , 1987. i i j 1 i .III i I i I I i i i i I J - ";r3x