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HomeMy WebLinkAbout1991-03-26 Regular City Commission Meeting Minutes and Agenda Y. MINUTES DANIA CITY COMMISSION REGULAR MEETING MARCH 26, 1991 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Acting Mayor: Bob Mikes Acting V-Mayor: Charles McElyea Commissioners: Bill Hyde Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert: Flatley City Clerk: Wanda Mullikin PRESENTATIONS *Plaque to Jean Cook for services rendered to the City of Dania was continued to the next regular meeting of April 9, 1991 . i PULLED FROM CONSENT AGENDA fi Commissioner Grace requested item 1.1.5, Commissioner Hyde i requested 1 .20 and City Manager Flatley requested items 1 . 17 and 1.18 be pulled from the Consent Agenda. J 1 1 j 1 . CONSENT AGENDA City Attorney Adler read the following items: Minutes 1.1 March 13, 1991 , regular. meeting 1. 2 March 19, 1991, organizati.onal meeting Bills 1 . 3 Approval of January bills 1 . 4 Approval of February bills i Resolutions 1. 5 Resolution of the City of. Dania, Florida, approving agreement between City of Dania and Francisco Pons, M.D. , for services as Medical Director for the Medical Rescue Division of. the City of Dania, upon the same terms and conditions of the ! existing contract; and providing for an effective date. 1.6 Resolution of the City of Dania, Florida, urging the Governor and the State Legislators to support full funding for the Florida Institute of Government. 1 .7 Resolution of the City of Dania, Florida, appointing Robert Flatley as City Manager; and providing for compensation for such appointee; providing that such appointee shall. serve at the pleasure of the City Commission of the City of Dania, Florida. 1.8 Resolution of the City of Dania, Florida, appointing Wanda Mullikin as City Clerk; and providing for compensation for such appointee; providing that such appointee shall serve at the pleasure of the City Commission of the City of Dania , Florida. 1.9 Resolution of the City of Dania, Florida, appointing Michael Smith as Personnel Director; and providing for compensation for such appointee; providing that such appointee shall serve at the pleasure of the City Commission of the City of Dania , Florida. REGULAR MEETING 1 MARCH 26 , 1991 1 . 10 Resolution of the City of Dania, Florida , appointing Mary Jabalee as Finance Director; and provido sh all compensation for such appointee; providing that such appointc he pleasure of the City Commission of the City Of. Dania, Florida. 1 . 11. Resolution of. the City of Dania , Florida , appointing Fra frank C. Adler as City Attorney; and providing for such appointee; providing ghat such appointee shall >erve at the pleasure of the City Commission of the City of Dania, Florida. 1 . 12. Resolution of the City of Dania, Florida , appointing Thomas Grammer as Fire Chief; and providing for compensation for such appointee; providing that such appointee shall serve at the pleasure of the City Commission of the City of Dania, Florida . 1 . 13 Resolution of the City of. Dania, Florida , appointing William Allen as Growth Management Director; and providing for appointee compensation for such appointee; providing that: such shall serve at the pleasure of the City Commission of the City of Dania, Florida . 1 . 14 Resolution of the City of. Dania, Florida, appointing Robert Palm as Utilities Director; and providin shall gfor compensation erve afor the such appointee; providing that such appointee pleasure of the City Commission of the City of Dania, Florida. 1 . 16 Resolution of the City of. Dania, Florida, to recognize and applaud Jean Cook for her outstanding contributions to the City ' apap Dania and its ci.ti.zens during her tenure as City Commissioner; and providing for an effective date. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to approve the Consent Agenda. The motion passed on the following roll call. vote: BerMayor. Mikes-yes Commissioner Hyde-yes Vice-Mayor Vice-Mayor McEl.yea-yes Commissioner Hyde-yes Commissioner Grace-yes I PULLED FROM CONSENT AGENDA f 1 .17 Resolution of the City of Dania, Florida, urging the School l Board of Broward County to commence with renovations at South Broward High School; and providing for an effective date. At this time, a Youth In Government representative stepped forward to advise the Commission that their organization has adopted a Resolution requesting renovations to South Broward and that April 26 , 1991 has been proclaimed as Arbor Day. A motion was made by Commissioner Berti.no, seconded by School Board of Commissioner Grace to adopt resolution urging the Broward County to commence with renovations at South Broward High School . The motion passed on the following roll call vote: Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Vice-Mayor McElyea-Yes Commissioner Grace-yes City Manager Flatley mentioned that, this resolution will be forwarded to the proper authorities at the School Board on behalf of the City Commission and Youth In Government in support of this request. He also mentioned that April 26 is the official day for Arbor Day and that a proclamation will be brought up at an April regular meeting. 1.18 Resolution of. the City of: Dania, Florida, urging the School Board of Broward County to commence with renovations at Collins Elementary School . REGULAR MEETING 2 MARCH 26, 1991 t Mildred Jones, Advisory Chairperson for Collins Elementary, explained the attempts that have been made over the past year to encourage the School Board to make renovations to Colli.ns Elementary. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to send a letter in support of the renovations and adoption of the resolution. The motion passed on the following roll call vote: Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Vice Mayor McElyea-yes Commissioner Grace-yes 1 .15 Resolution of the City of: Dania, Florida , requiring that utility companies give written notice to the City of Dania fifteen days prior to the commencement of any major construction project within the City. A motion was made by Commissioner Grace , seconded by Vice Mayor McElyea to defer this resolution to a workshop for discussion prior to bringing it back for adoption. The motion passed on the following roll. call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 1.19 Ordinance of the City of Dania, Florida, amending Section 5, Article 1 of Part II of the Charter of the City of Dania, Florida 1 ,t entitled "Election of Mayor and Vice-Mayor. " of the City of Dania. Commissioner Grace recommended that a Review Charter Board be j established to study the Dania Charter due to the many problems i relating to elections. '.L A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt this ordinance on first, reading. The motion passed on the following roll. call vote: ' Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 1. .20 Ordinance of the City of Dania, Florida, amending Section 13-32, Article II, Chapter 13 of the Code of Ordinances of the City of Dania, Florida, entitled "Responsibility of Owners to Maintain Vacant Property". Commissioner Hyde requested information on how the charges for clearing lots was determined in an effort to deter the City from being in the lot clearing business. City Adler explained that :it will cost a property owner $100 for lots up to 5, 000 sq. ft. and after 5, 000 sq. ft. , the charge is . . 025 per sq. ft. of property mowed. It will cost $20 per cubic yard of the rubbish and other debris that is removed from the property by offense and in addition, a $50 service fee for all additional offenses in excess of two (2) . City Manager Flatley explained that since the City's rates have been so low, it has become beneficial for property owners to have the City handle this problem. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to adopt this ordinance on first reading entitled "Responsibility of Owners to Maintain Vacant Property" . REGULAR MEETING 3 MARCH 26, 1991 Y. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 2 , PROCLAMATIONS -None 3 , BIDS 3 . 1 Award of bids for Dania Beach Park - Landscaping City Manager Flatley recommended to award Griffin Brothers bid in the amount of $59 , 333 .00h for tthe he pDania BBeach Park Landscaping to with the understanding the rainy season for a good start on locking in the root structure on the plants and trees . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to accept the recommendation of the City Manager and award the bid to Griffin Brothers in the amount of. ;. ^ $59, 333 . 00 for the Dania Beach Park - Landscaping . ' The motion passed on the following roll call vote: ti Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 3 .2 Opening of sealed proposals for the collection of. white ,.1 goods . City Manager Flatl.ey stated that two sealed proposals have been received for the collection of white goods and read the following: l Mac's Millions of Parts of Dania - Vice President of Operations , Carrie Kresa proposed to allow citizens to drop off any and all white goods at our facility at 1.200 Old Griffin Road at no charge to the citizens or city for this service . The service is provided without compensation to the City and further regulation ental agency may force us to charge a fee for Freon by any governm This proposal for its proper disposal . iiving-30d days nwritten e g cancelled at any time by either party by g notice. A & B Recycling of Pembroke Park - Gerald Anderson proposed to pickup white goods loaded in our containers oondisionated locations . City Manager read the following *Once a month - minimum weight 3 , 500 pounds *4500 pounds and under no funds will be paid *4600 pounds and over - $ . 50 per 100 pounds at approximately $10 .00 a ton. *Payments made by the 7th of each month on previous montlis pickup. *Loads will be weighted by certified scales only *Ivhite tickets provided with payment *Container size consists of 40 yard roll off `Any damages or heavy graffiti occurring on City facilities will be the responsibility of City for repairing, painting or replacement . REGULAR MEETING 4 MARCH 26, 1991 t Y. City Attorney Adler recommended to refer the proposals received to the City Manager to tabulate and bring back a recommendation for the next regular meeting . A motion was made by Commissioner Hyde, seconded by Commissioner Grace to refer the proposals received over to the City Manager for tabulation at the next regular meeting of April 9 , 1991 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 Petitioner/Owner - George and Diana DeBarros ; property located at 601 NE 3 Street . Public Hearing - VA-03-91 - A variance is requested to allow the construction of an addition with a side yard setback of 2 . 98 ' (10 ' setback is required) . (continued from 2/26/91) Will Allen , Growth Management Director, described the location of the property as on the north side of NE 3 Street at the northwest corner of NW 3 Street and Lewis Lane . He mentioned that the Planning & Zoning Board recommended approval due to special conditions to this request . _ ! Mr. DeBarros stepped forward to request approval of this variance request . y Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by ' i Commissioner Grace to approve VA-03-91 as requested by George and r. Diana DeBarros for property at 501 NE 3 Street for the construction of a bedroom/bathroom addition. Vice Mayor. McElyea clarified that: the delay in taking action on this request was due to the variance request not being properly posted. l The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 . 2 Petitioner/Owner - Francois Boileau; property located 140 Eleuthera Drive (Ocean Waterway mobile Home Park) Public Hearing - VA-30-90 - A variance is requested to allow the construction of a carport with a 6 ' side yard setback (10 , setback is required) . (continued from 2/26/91) Will Allen, Growth Management Director, advised the Commission that the petitioners have withdrawn their request due to the length in time it has taken to work out a resolution with the surrounding neighbors . Cite Attorney Adler stated that as long as the petitioners have withdrawn their request , no further action is required by the City Commission. He requested Will Allen to obtain written withdrawal from the petitioners . 4 . 3 Petitioner - Triple A Signs; Owner - Jerry Gross; property located at 45 South Federal Highway REGULAR MEETING 5 MARCH 26, 1991 i t Public Hearing - VA-04-91. - A variance is requested W allow Lhe erection of a third flat wall sign on the north wall of the building (only two permitted) . Will Allen , Growth Management Director, explained that there are three signs on the property ; two on the building and a free standing sign . He explained that this property is Located in the downtown redevelopment section of Dania and that Section 3- 39 (b) (2.) of. the City Code allows just one flat wall sign per building and on a corner lot it allow a second wall sign. The Planning & Zoning Board recommend to deny this variance request . Mayor Mikes opened the public hearing . Peggy Breschoten stepped forward to express opposition and Faye Bartelmes expressed confidence in the Planning & Zoning Board ' s recommendation for denial . Hearing no further comments , Mayor Mikes closed the public hearing. A motion was made by Commissioner Hyde , seconded by Commissioner Grace to deny VA-04-91 as requested by Triple A Signs for property located at 45 South Federal Highway for the erection of a third wall sign. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McEl.yea-yes commissioner Hyde-yes Mayor Mikes-yes commissioner Grace-yes 4 . 4 Petitioner - Atlantic Ford Truck Sales ; Owner - Joseph Rubano; property located at 2565 State Road 84 Public Hearing - VA-07 -91 - A variance is requested to allow the erection of a ground sign 244 sq. ft . in area (100 sq. ft . permitted) and 52' in height (25 ' is permitted) Will Allen, Growth Management Director , explained that the i property is located on the north side of. State Road 84 and has ✓ been recently voluntarily annexed into the city limits of Dania . He stated that the property is zoned C-1 , a Broward Country Commercial designation, and that that district does permit a ground sign of 100 square feet and height of 25 feet . The Planning & Zoning Board reviewed this request but did not make a recommendation as a motion to approve this variance died for lack of a second. i Richard Mills , Esq . on behalf. of Atlantic Ford Truck Sales , stated that this business has been subject to the hardship of detraction of visibility as the property is surrounded by billboards , increased construction along State Road 84 that has caused a problem with accessibility to the business and the business suffering financially as a result of construction and re-rouging activity along State Road 84 . He then reviewed photographs of the property with the Commission in an effort to point out the unique hardships that affect the property. fie also expressed appreciation that the city is making attempts at redeveloping this area for the betterment of everyone. City Manager Flatley reported that the city has been meeting monthly with property owners in the area due to the deplorable condition of the south side of State Road 84 in an effort to redevelop the area . Mr . Flatley stated that property owners and the City have now developed an association for the development of the north and south sides of State Road 84 . Mr. Flatley suggested the petitioners come back at a later date when a more organized sign restriction has been developed with the Marina Mile Association. Jay Luck, Petitioner, explained that the sign is going to cost over $40, 000 and that he would need to know that no changes would be required for a period of 5 to 10 years. REGULAR MEETING 6 MARCH 26 , 1991 a, Discussion followed with comments by each Commissioner and the need to control the sign in the area . Mayor Mikes opened the public hearing . Jay Fields requested the Commission maintain control of the signs allowed in the area, Faye Bartelmes felt the City should make a concrete decision on the size of the sign since the petitioners are investing so much money in the sign and Peggy Breschoten expressed the need to adopt an ordinance that would not allow signs to be grandfathered in. John Bruckner questioned why the Planning & Zoning Board could not make a recommendation for the Commission. Hearing no further comments , Mayor Mikes closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve VA-07-91 requested by Atlantic Ford Truck Sales to allow the erection of a 244 sq. ft . sign at a height not to exceed 40 ' and that it shall be reviewed again five (5) years and may be required to be changed. The motion passed on the following roll call vote: Commissioner. Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 . 5 Petitioner - U.S . 1 Hardware; Owner - Alex Medina ; property located at 236 North Federal Highway Public Hearing - VA-09-91 - A variance is requested to allow the s attachment of a 24 sq. ft . pole sign to an existing pole sign . f (pole signs are permitted only on buildings that are set-back 25 ' J � from Federal Highway) n•,_ Will Allen, Growth Management Director, explained that this property is known as Alex' s Mangrove Shopping Center which is zoned C-3 and is located in the Dania Downtown Redevelopment District . He mentioned that the reason for this request is because True Value Hardware is relocating into a southern building in the Shopping Center and that the Planning & Zoning Board has recommended approval with the following conditions : l 1 . The sign be removed by March 12, 1993 ; 2 . The two existing signs be removed prior to erecting the True Value Hardware sign. The Petitioner stepped forward to explain the need for the sign and confirmed that he has no problem with complying with the conditions set forth by the Planning & Zoning Board. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to grant VA-09-91 for property located at 236 North Federal Highway for the erection of a 24 sq. ft . pole sign as requested by U. S . 1 Hardware with the two conditions as recommended by the Planning & Zoning Board . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 . 6 Petitioner/Owner - Dania Economic Development Corporation; property generally located west of NW 12 Avenue and north of 2 Street . REGULAR MEETING 7 MARCH 26, 1991 6i 1 A) Public Hearing - RZ-01-91 (second and final reading) An Ordinance of the City of Dania , Florida , rezoning the following described lands, to-wit : The East 1/2 of the SF 1/4 of the SE 1/4 of the NE 1/4 of Section 33 , Township 50 South, Range 42 East , said lands being located in Broward County, Florida , and containing 4 . 479 acres , more or less , subject to a public road right-of-waY over and across the south 25 feet and the East 35 feet thereof ; the property is also know as Lots 1-25 , Inclusive , of Collins Parc , a subdivision of a portion of the NE 1/4 of Section 33 , Township 50 South , Range 42 East , City of Dania, Broward County, Florida ; said lands situate , lying and being in the City of Dania , Broward County, Florida, from present zoning classification to RS-6000 zoning classification under the provisions of Ordinance No. 100 of the City of Dania , Florida , as amended. City Attorney Adler explained that this property was a development of single family homes and after several homes had been built , it was discovered that the zoning was for multiple. He explained that the property was platted for single family homes and that the rezoning is a matter of clearing up this µ discrepancy. 1., 4n1 Will Allen , Growth Management Director , stated that this involves 4 . 479 acres of property with a street right-of-way. He mentioned that the property was zoned RM which allows single family homes it requires 10 , 000 sq. ft . lots with 75 ' of lot frontage and that the lots are 6 , 000 to 9 , 819 sq. ft . with 60 feet of frontage or less . Mr . Allen recommended approval of the rezoning. 1 ' Jerry Carter, Dania Economic Development , reconfirmed the reasons behind the rezoning request to RS-6000 . Mayor Mikes opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Grace , seconded by Commissioner IHyde to approve second reading of the ordinance aka/ RZ-01-91 as requested by Dania Economic Development Corporation . The motion passed on the following roll call vote: ! commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes B) Public Hearing - VA-02-91 - A variance is requested on the following lots to allow construction with less than the required 60 , lot width: 1) Lot 8 - 47 . 46 , 5) Lot 14 - 57 . 48 ' 9) Lot 20 - 57 . 24 ' 2) Lot 9 - 47 . 33 , 6) Lot 15 - 55. 29 ' 10) Lot 25 - 57 . 24 ' 3) Lot 1.0- 47 . 34 , 7) Lot 16 - 44 . 08 ' 4) Lot 11 -57 . 05 ' 8) Lot 17 - 37 . 09 ' Will Allen , Growth Management Director , explained that the Planning & Zoning Board recommended approval and pointed out that the width of each lot is measured at the building line which is essentially 25 ' back . He mentioned tha* this variance will cover houses being built that would require set-back variances as 60 ' lot width is required. Mayor Mikes opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Berti.no, seconded by commissioner Grace to approve VA-02-91 as requested for the 10 lots as designated as requested by Dania Economic Development. Corporation . REGULAR MEETING 8 MARCH 26, 1991 i _ � F, The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner. Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 .7 An ordinance of the Cite of Dania , Florida , amending Section 8 . 4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania , Florida, entitled "Site Plan as condition to Building Permit" . City Attorney Adler mentioned that this ordinance will consolidate site plan requirements in the City Code to one area . Mayor Mikes requested the Commission take this time to discuss the possibility of striking duplexes from being exempt from site plan review in an effort to get better control of the duplex projects in the City. A motion was made by Mayor Mikes , after passing the gavel , seconded by Commissioner Hyde amend the ordinance by striking the exemption for duplexes and only leave the exemption for single-- family housing. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes k Mayor Mikes opened the y p public hearing on the amended ordinance. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . , � A motion was made by Commissioner Bertino, seconded by Vice Mayor rt'.111 McElyea to adopt the ordinance as amended . a The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes i 4 . 8 An Ordinance of the City of Dania , Florida, amending j Subparagraph (44) , of Section 2. 10 of Article 2, Chapter 28 , of the Code of ordinances of the City of: Dania , Florida, entitled "Parking Lot , Public or Private" . i Vice Mayor McElyea mentioned the reason for this ordinance due to the ongoing problem of storing vehicle and trucks in parking lots . Will Allen, Growth Management Director, mentioned that this change in the Code will exclude storage of vehicles to avoid situations such as storing a number of construction vehicles that has occurred in the Citv. Mayor Mikes opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hyde , seconded by Commissioner Grace to adopt this ordinance on second reading entitled "Parking Lot, Public or Private" . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes REGULAR MEETING 9 MARCH 26 , 1991 �t 5, SITE PLANS 5. 1 Petitioner/owner - Betty Stonebreaker; property located at 37 South Federal Highway SP-06-91. - A site plan approval is requested for a 663 sq. ft . display room at the southwest corner of existing building . Will Allen, Growth Management Director , described the property location on the east side of Federal Hi.ghway and north of SE :l Street . He mentioned that the Planning & Zoning Board recommended approval as they felt the addition will improve the r. existing situation with two conditions to the landscaping. Allen mentioned that the recommendations included changing the trees adjoining the parking lot to larger ones and to relocate a large palm tree which is currently in the area where the building is proposed to be constructed . Discussion followed with Mr. Beeber, representing Mrs . Stonebreaker , regarding additional landscaping needed along Federal Highway and the relocation of the Canary Palm. '; .• ,; A motion was made by Commissioner Hyde, seconded by Commissioner ' Grace to continue this site plan request to next regular meeting _ + of. April 9 so that: the petitioner can work with Will Allen in an effort to add additional landscaping to the area along Federal Highway. e The motion passed on the following roll call vote: is i Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 6. EXPENDITURE REQUESTS 6 . 1 Request to join the Marina Mile Association for $500 , City Manager Flatley mentioned that the City and property owners ^ along State Road 84 have established an association called Marina Mile Association in an effort to redevelop the area . He pproval of $500 to join this association requested Commission a due to the City ' s involvement in this redevelopment . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the expenditure of $500 to join the Marina Mile Association. The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner. Bertino-yes Mayor. Mikes-yes Commissioner. Hyde-yes Commissioner Grace-yes 6 . 2 Request to expend $5 , 000 to update the "Dania Plan" prepared by Norman Arnold and John Goodwin . City Manager Fl.atley recommended approval of this request in an effort to update the impact projections on the South Runway expansion of the airport . He explained that Mr . Arnold and Mr. Goodwin Will have the report completed in one month . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the expenditure of $5, 00o to update the "Dania Plan" by Norman Arnold and John Goodwin . Mayor Mikes stated that this plan is an alternative to the Airport ' s plan for expansion by making more efficient use of the existing airport that will not only protect Dania neighborhoods but also save tax payer dollars on a local and Federal basis . He REGULAR MEETING 10 MARCH 26, 1991 1 expressed his displeasur-e lath the Airport ' s reluctance ir, preparing this plan The motion passed on the following roll call. vote: Commissioner. Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes--yes Commissioner Grace--yes 7. DISCUSSION 7 . 1 Request from David Sandstrom t-o waive sidewalk requirement: for new house at the SE corner of SW 44 Street and SW 23 Avenue. Will Allen , Growth Management Director, mentioned that this item was discussed at a recent workshop meeting regarding Mr. Sandstrom ' s request to waive the sidewalk requirement for his property situated in the newly annexed area . Mr. Allen quoted the Code requirements and Broward Count\- requirements regarding the installation of sidewalks on new construction and recommended to require the sidewalk installation. Commissioner Grace commented on the need for the City to be in conformity with improvements like this and not exceptions . to allow special Commissioner Bertino suggested that in areas where there are no Other sidewalks to require bonds be placed until such time as enough bonds are in place to complete the sidewalks in a , • ti particular area . A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to deny Mr. Sandstrom 's request . Jay Fields stepped forward to explain that this house is located in an isolated area and that no other residents have been made to comply with sidewalks. He suggested a master plan be created to require sidewalks in this; area over a 5 year period . A motion was made by Commissioner Bertino to table this ' the next item to regular meeting of April. 9 until this issue can be discussed at a workshop meeting. The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor. Mikes-yes Commissioner Grace-no The. motion to table overrides the original 'fiction made as explained by City Attorney Adler. 7 . 2 Limiting billboards in the recently annexed area of the City. (Comm. Hyde) Commissioner Hyde mentioned the excessive amount of billboards along Griffin Road and requested City Manager Flatley to respond to this problem. City Manager Flatlev stated that billboards are not allowed in the City or neighboring Cities and mentioned that this appears to be a legal question as it has been allowed in the County. City Attorney Adler mentioned that when the newly annexed area was being brought into the City, residents were assured that they would not lose any rights that they had under the existing zoning by the County He mentioned that the City adopted the existing County Code and made it a part of the City Code for this area . He suggested a workshop be scheduled ro discuss this issue and a resolution be prepared declaring a moratorium on billboards until a thorough examination can be made of this issue. REGULAR MEETING 11 MARCH 26, 1991 i 4i Ales Buchsbaum requested that the Commission do something to put a stop to the construction of billboards in this area as it is out of control . Commissioner Hyde suggested to direct City Attorney Adler to draft an emergency resolution establishing a moratorium on billboards effective this date with a 6 months limit on the moratorium. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to declare this item an emergency. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-no Mayor Mikes--yes Commissioner Grace-yes A motion was made by Commissioner Hyde , seconded by Commissioner Bertino to adopt an emergency resolution imposing a 6 months moratorium on the construction of billboard signs throughout the City and the issuance of any type of permit in connection therewith to be effective immediately upon adoption . The motion passed on the following roll call vote: �;. Commissioner Bertino-yes Vice-Mayor McElyea-yes -t, Commissioner Hyde-yes Mayor Mikes-yes Commissioner. Grace-yes 7 . 3 Requests for tents and a banner for the 13th Annual Dania Marine Flea Market . City Manager Flatley mentioned that this request was approved r•,� last year and that this runs from April 19 thru April 21 at the •v Dania Jai Alai Fronton Parking Lot . Al Behrendt stepped forward to explain that the Dania Marine Flea Market has been in existence for 13 years and has had a very positive economic impact on Dania . He mentioned that several ' tent and/or canopy type structures are constructed on the Fronton Parking Lot for this event . Commissioner Bertino expressed his concern that these tents be inspected thoroughly by the City Building Department . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve this request for tents and a banner for the 13th Annual Dania Marine Flea Market with the condition that it meet all Dania Safety requirements imposed by the Building Department . The motion passed on the following roll. call vote: Commissioner Bertino-yes Vice--Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace--yes 7 . 4 Discussion to establish an advisory board for budget review. (Comm . Grace) Commissioner Grace suggested that the City establish an advisory board to assist in review of the City budget as other cities do this in the area . Mayor Mikes suggested that this issue be discussed at a workshop meeting and the Commission agreed. 7 . 5 Stratus reports on the conditions; at the Win Dixie and Publ.ix shopping centers as well as the abandoned vehicle removal program in Dania . (Comm. Grace) REGULAR MEETING 12 MARCH 26, 1991 1 Commissioner Grace requested an update rrnm Cite `tanager Flatley regarding this item . City Manager Flatley reported that the abandoned ftiingng the o9ram is well underway and that the delay was due to drafting ordinance . Will Allen, Growth Management Director , reported that approximately 25 vehicles were tagged last month . He discussed the graffiti problem that continues in the City and several items that need to be addressed with the Win Dixie shopping center . He reported that the PubliN has received a certificate of occupancy but no occupational license as the Health Department is reviewing their building • proposals for the seven lakes 7 . 6 Report on lake cleaning serviced in Dania . ed that Aquatic Systems has e the City Manager Flatley mention company used to maintain the seven lakes in the City . H mentioned that proposals were sent out to various viii9 the maintenance companies to determine if the City u o osals He ated at ur lest been rece for ived ta f with the - for the same amount of treatment . He lowest quote $40 a lake mentioned that representatives from Meadowbrook Lakes were present at a meeting on March 18 to review these proposals and their recommendation was . hire the highest ermmonthp from sthe �j with the associations paying the difference p - lowest quote of $40 . Mr . Flatley mentioned that this agreement would only be temporary as a contract wstated il thatI be thethased for an annual period in October al fromFeackeassociat:ion regarding this al requested written app . .� m responses , he will. advise the matter and when he obtains all Commission . 'K Addendum 7 .7 Discussion of EPA cleanup of the Lindsley Lumber site . (Mayor Mikes) Mayor Mikes requested a workshop meeting to discuss the EPA cleanup of the Lindsley Lumber site and to have a County Representative from the Air Quality Board to be present i use n order to discuss this issue. He explained tone W��d1pYPssureotreating soil incineration project to cleanup n as PCP ' s that were used at the preservatives commonly know Lindsley Lumber site . ing public hearings for variances and 7 . 8 Posting signs announc I� rezonings . Will Allen , Growth Management Director , mentioned that the City Code requires signs be posted announcing public hearings for variances and rezonings but the practice has been to send a letter to require the petitioner to erect a sign. He requested d permissiont the City en post m on to purchase S lchargethlea Would h petitioner f.orthecost . The Commission agreed with this request and to have City Manager approve the expenditure . 8. APPOINTMENTS 8 . 1 Appointments to Human Relations Board . (continued from 3/13) Commissioner Hyde requested to defer his appointments for the Human Relations Board until the next regular meeting . Mayor Mikes gave his last appointment over to Commissioner Hyde to make at the next regular meeting . REGULAR MEETING 1.3 MARCH 26 , 1991 i t 6 8 . 2 appointment to Airport .Advisory Board to replace Bill Hyde . Commissioner Bertino requested his appointment be deferred until the next regular meeting. 8 , 3 Appointments to Code Enforcement Board . (The terms of Horace McCutcheon and William Sargent have expir d) Mayor Mikes suggested that the Commission conduct a workshop meeting prior to making group appointments in order to have a better opportunity to appoint the right people . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to defer these appointments to a workshop meeting prior to next regular meeting and that Horace McCutcheon and William Sargent maintain their positions on the Code Enforcement Board . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice--Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 8 . 4 Appointments to Industrial advisory Board . 1. Commissioner Bertino appointed Bob Lizana �! Commissioner Grace appointed Mildred Bryant Vice Mayor McElyea appointed Irving Garman Mayor Mikes and Commissioner Hyde requested Co defer their appointments to the next regular meeting . 8 . 5 Appointments to Planning & Zoning Board . (All teens have expired) Commissioner Bertino appointed Joseph LaMarr for a two year term. Vice Mayor McElyea appointed Iry Spindel for a two year term. Commissioner Grace appointed Albert Jones for a one year term. Commissioner Hyde deferred his appointment. Mayor Mikes appointed Cliff Iacino for a one year term. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to adopt a resolution appointing these individuals . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea--yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 9 . CITIZENS ' COMMENTS-none 10 . ADMINISTRATIVE REPORTS 10 . 1 City Manager 10 . 1 . 1 Bus shelter proposals as alternate revenue sources . City Manager Flatley requested Commission approval to review franchise agreements with the County and local cities for Bus shelters as a revenue source for the City to be brought back to a workshop meeting to discuss further with the City . The Commission agreed. REGULAR MEETING 19 MARCH 26, 1991 l 4; City Manager FlatIoy announced that he will br, advertising for bids for a 30 day response time for replacement of all 2" water lines in the Citv. ^ir . Flatley recommended that t,lie Dania Posse be revi% ed again in April or May to go out into the newly annexed area to encourage citizens to cleanup their properties . 10. 2 City Attorney City Attorney Adler stated that he would prepare the resolution regarding the moratorium on billboards by tomorrow morning as he will be gone Friday and Monday for vacation . 11 . COMMISSION COMMENTS 11 . 1 Commissioner Berti.no Commissioner Bertino complained about the loud radios at the coin laundry located at 4th Avenue and Stirling Road, Dania Lion ' s Club and in Melaleuca Gardens . He mentioned that he would meet with City Attorney and go over the noise ordinance to deter this problem. �1. 11 . 2 Commissioner Grace Commissioner Grace commented on the scholastic accomplishments of e the students involved in the Youth In Government Day. She also t commended the hiwanis Club for- sponsoring this event for the children. j Commissioner Grace commented on a recent article written in one a, of the newspapers regarding Dania having a toxic waste problem in the City. She requested Mr . Flatley look into this to ensure that this is an overstatement and no real problem in Dania. Mr. Flatley mentioned that the article referred to the Lindsley Lumber problem. I l Commissioner Grace advised that the dedication for the Kit Curry Field by the Redbirds will be held at Modello Park on Easter Sunday at 4 :00 p.m. ' 11 . 3 Commissioner Hyde Commissioner Hyde expressed his appreciation to all those who voted for him in the recent election . Commissioner Hyde expressed his appreciation for being given the Opportunity to participate in the Youth In Government Program for the first time . 11 . 4 Vice Mayor McElyea Vice Mayor. McElyea commended City Manager and Building Department for making utility companies responsible for road repairs when they are removing double poles in the City. Vice Mayor McElyea requested Lou Gustorff to be involved to take Pictures when the Dania Posse goes nut into the newly annexed area . 11 . 5 Mayor Mikes Mayor Mikes commented on making utility companies more responsible when coming into the City to do projects . City Manager Flatley reported on plans to replace the bathrooms at the beach very shortly . REGULAR MEETING 15 MARCH 26, 1991 i t w: Mayor Mikes suggested that the water tower sandblasting and painting be separated from the bid proposal for renovation of the Water Treatment Plant to get more competitive bids . City Manager Platley mentioned that Don Windham , Berry & Calvin , is going to look into separating this repair to see if it will be cheaper. Mayor Mikes commented on the positive affects tile landscaping e . plan has made to the LES project due to the Commission standing firm on their requirements . Mayor Mikes expressed appreciation for being involved in the youth In Government Program . Mayor Mikes stated that he hopes to have significant information to bring to the workshop meeting regarding the L,indsley Lumber cleanup by the EPA. Mayor Mikes welcomed Commissioner Hyde to Dania Commission . This regular commission meeting was then adjourned. MAYOR-COMMISSIONER ,j W , a „ .ITY CLERK-AUDITOR l REGULAR MEETING 16 MARCH 26, 1991 1 4i AGENDA DANIA CITY COMMISSION REGULAR MEETING MARCH 26, 1991 8 :00 P.M. 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. INVOCATION ROLL CALL PRESENTATIONS * Plaque to Jean Cook for services rendered to the City of Dania 1. CONSENT AGENDA Minutes 1. 1 March 13 , 1991, regular meeting 1. 2 March 19 , 1991 , organizational meeting Bills i "i 1. 3 Approval of January bills 1.4 Approval of February bills Resolutions r 1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT r•,� BETWEEN THE CITY OF DANIA AND FRANCISCO PONS, M. D. , FOR SERVICES st AS MEDICAL DIRECTOR FOR THE MEDICAL RESCUE DIVISION OF THE CITY OF DANIA, UPON THE SAME TERMS AND CONDITIONS OF THE EXISTING CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE GOVERNOR ` AND THE STATE LEGISLATORS TO SUPPORT FULL FUNDING FOR THE FLORIDA INSTITUTE OF GOVERNMENT. " (V-Mayor McElyea) 1. 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING ROBERT FLATLEY AS CITY MANAGER; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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. " ! 1. 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING WANDA MULLIKIN AS CITY CLERK; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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. " 1 { CONSENT AGENDA (continued) 1.9 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MICHAEL SMITH AS PERSONNEL DIRECTOR; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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.. " 1. 10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MARY JABALEE AS FINANCE. DIRECTOR; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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. " 1 . 11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING FRANK C. - ! ADLER AS CITY ATTORNEY; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE .j PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; a AND PROVIDING FOR AN EFFECTIVE DATE. " . E 1. 12 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING THOMAS GRAMMER AS FIRE CHIEF; AND PROVIDING FOR COMPENSATION FOR SUCH 3' APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; 4 AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 13 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING WILLIAM ALLEN AS GROWTH MANAGEMENT DIRECTOR; AND PROVIDING FOR COMPEN- SATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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. " 1. 14 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING ROBERT PALM AS UTILITIES DIRECTOR; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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. " 1. 15 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUIRING THAT UTILITY COMPANIES GIVE WRITTEN NOTICE TO THE CITY OF DANIA FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF ANY MAJOR CONSTRUCTION PROJECT WITHIN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. " 2 ' i 4, CONSENT AGENDA (continued) 1. 16 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO RECOGNIZE AND APPLAUD JEAN COOK FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF DANIA AND ITS CITIZENS DURING HER TENURE AS CITY COMMISSIONER; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 17 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE SCHOOL BOARD OF BROWARD COUNTY TO COMMENCE WITH RENOVATIONS AT SOUTH BROWARD HIGH SCHOOL; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 18 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE SCHOOL BOARD OF BROWARD COUNTY TO COMMENCE WITH RENOVATIONS AT COLLINS ELEMENTARY SCHOOL; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1. 19 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 5 , ARTICLE 1 OF PART II OF THE CHARTER OF THE CITY OF DANIA, FLORIDA, ENTITLED "ELECTION OF MAYOR AND VICE-MAYOR" , TO PROVIDE FOR ANNUAL ELECTION OF MAYOR AND VICE-MAYOR 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. " AMENDING 1. 20 13-3 , ARTICLE OII,THE CHAPTER O13 OF DANIA, THE CODEFLORIDA, OF ORDINANCES SECION OFT THE CITY OF DANIA, FLORIDA, ENTITLED "RESPONSIBILITY OF OWNERS TO MAINTAIN VACANT PROPERTY" ; AND PROVIDING THAT ALL ORDINANCES OR 3 ! FARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; s AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS - none 3. BIDS 3. 1 Award of bids for Dania Beach Park - Landscaping 3. 2 Opening of sealed proposals for the collection of white goods. 4. PUBLIC HEARINGS (final readings) 4. 1 Petitioner/Owner - George and Diana DeBarros; property located at 601 NE 3 Street Public Hearing - VA-03-91 - A variance is requested to allow the construction of an addition with a side yard setback of 2.98 ' ( 10' setback is required) . (continued from 2/26/91) 4. 2 Petitioner/Owner - Francois Boileau; property located at 140 Eleuthera Drive (Ocean Waterway Mobile Home Park) Public Hearing - VA-30-90 - A variance is requested to allow the ! construction of a carport with a 6' side yard setback ( 10 ' setback is required) . (continued from 2/26/91 ) 4. 3 Petitioner - Triple A Signs; Owner - Jerry Gross; property located at 45 South Federal Highway Public Hearing - VA-04-91 - A variance is requested to allow the erection of a third flat wall sign on the north wall of the building (only two permitted) . 3 4 r PUBLIC HEARINGS (continued) 4. 4 Petitioner - Atlantic Ford Truck Sales; Owner - Joseph Rubano; property located at 2565 State Road 84 Public Hearing - VA-07-91 - A variance is requested to allow the erection of a ground sign 244 sq. ft. in area ( 100 sq. ft. permitted) and 52 ' in height ( 25 ' is permitted) 4 . 5 Petitioner - U.S. 1 Hardware; Owner - Alex Medina; property located at 236 North Federal Highway Public Hearing - VA-09-91 - A variance is requested to allow the attachment of a 24 sq. ft. pole sign to an existing pole sign . (pole signs are permitted only on buildings that are set-back 25 ' from Federal Highway) 4. 6 Petitioner/Owner - Dania Economic Development Corporation; property generally located west of NW 12 Ave. and north of 2 St. A) Public Hearing - RZ-01-91 ( second and final reading) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 Or THE NE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS BEING LOCATED IN BROWARD COUNTY, FLORIDA, AND CONTAINING 4.479 ACRES , MORE OR LESS, SUBJECT TO A PUBLIC ROAD P u RIGHT-OF-WAY OVER AND ACROSS THE SOUTH 25 FEET AND THE EAST 35 FEET THEREOF; THE PROPERTY IS ALSO KNOWN AS LOTS 1-25, INCLUSIVE, OF COLLINS PARC, A SUBDIVISION OF A PORTION OF THE NE 1/4 OF t SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA, BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN } THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO RS-6000 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. " B) Public Hearing - VA-02-91 - A variance is requested on the following lots to allow construction with less than the required 60 ' lot width: 1 ) Lot 8 - 47.46 ' 5) Lot 14 - 57. 48 ' 9 ) Lot 20 - 57. 24 ' 2) Lot 9 - 47. 33 ' 6) Lot 15 - 55. 29 ' 10) Lot 25 - 57. 24 ' 3) Lot 10 - 47. 34 ' 7 ) Lot 16 - 44 . 08 ' 4) Lot 11 - 57. 05 ' 8 ) Lot 17 - 37. 09 ' 4. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 8. 4 OF ARTICLE I OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "SITE PLAN AS CONDITION TO BUILDING PERMIT" ; 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 Y. PUBLIC HEARINGS (continued) 4.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBPARA- GRAPH ( 44 ) , OF SECTION 2. 10 OF ARTICLE 2 , CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "PARKING LOT, PUBLIC OR PRIVATE ; 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." (V-Mayor McElyea) 5. SITE PLANS 5. 1 Petitioner/owner - Betty Stonebreaker; property located at 37 South Federal Highway SP-06-91 - A site plan approval is requested for a 663 sq. ft. display room at the southwest corner of existing building. 6. EXPENDITURE REQUESTS 6. 1 Request to join the Marina Mile Association for $500. 6. 2 Request to expend $5,000 to update the "Dania Plan" prepared by Norman Arnold and John Goodwin. 7. DISCUSSION 7. 1 Request from David Sandstrom to waive sidewalk requirement for new house at the SE corner of SW 44 Street and SW 23 Avenue . 7. 2 Limiting billboards in the recently annexed area of the City. �. (Comm. Hyde) a ' 7. 3 Requests for tents and a banner for the 13th Annual Dania Marine Flea Market. � I 7. 4 Discussion to establish an advisory board for budget review. (Comm. Grace) 7. 5 Status reports on the conditions at the Winn Dixie and Publix shopping centers as well as the abondoned vehicle removal program in Dania. (Comm. Grace) 7. 6 Report on lake cleaning proposals for the seven lakes serviced in Dania. ! 8 . APPOINTMENTS 8. 1 Appointments to Human Relations Board. (continued from 3/13) 8. 2 Appointment to Airport Advisory Board to replace Bill Hyde . 8. 3 Appointments to Code Enforcement Board . (The terms of Horace McCutcheon and William Sargent have expired) 8. 4 Appointments to Industrial Advisory Board. 8. 5 Appointments to Planning & Zoning Board. (All terms have expired) 5 r 9. 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 party will be asked to address the City Commission during the meeting. 10. ADMINISTRATIVE REPORTS 10. 1 City Manager 10. 1 . 1 Bus shelter proposals as alternate revenue sources . 10. 2 City Attorney 11. COMMISSION COMMENTS 11. 1 Commissioner Bertino 11. 2 Commissioner Grace 11. 3 Commissioner Hyde 11. 4 Vice Mayor Mc Elyea 11. 5 Mayor Mikes I . it 6 i i Yl r ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MARCH 26, 1991 7. DISCUSSION (continued) 7. 7 Discussion of the EPA cleanup of the Lindsley Lumber site. (Mayor Mikes) 7.8 Posting signs announcing public hearings for variances and rezonings. t ' f' w I l I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MARCH 26, 1991 7 . DISCUSSION (continued) 7.7 Discussion of the EPA cleanup of the Lindsley Lumber site. (Mayor Mikes) 7.8 Posting signs announcing public hearings for variances and rezonings. ar' I i i II i ! 4- FORM 811 ---------------------------------------------------- EMORANDUM OF NOTING CO' " 4CT FOR COUNTY(, MIJNi%APAL, AND OTHER LOCAL PUBL,.6 OFFICERS I.ASI NAME-FIRST NAAIL-MIDULL NAME NAME OI BOARD, COUNCIL.COMMISSION, AUTHORITY,OR COMMITTEE e!q NKle S NOX 1'HE BOARD, COUNCIL,COM1 ISSION. AUTHORITY,OR COMMITTEE ON MAILING ADDRESS wit I SERVE IS A UNIT OF: S r ('IIY ('UUNTY OTHER IOCAI AGENCY CI r1' C(lUN'rY NAME OF POLITICAL SUBDIVISION: UAIE ON wH1C'H vO IT OC('URRED My PUSH ION IS: ELECTIVE APPOINTIVE 112 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other loccxf level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lae when faced with a measure in which you have a conflict of interest will vary greatly depending l; on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. , > I f INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county,municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and i � (/WITHIN IS DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE N11EETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PARE I (t I ORM 911 ❑LBh I. �I 7 4 9 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, hereby disclose that on �TZ/ '/'z 19 . (a) A measure came or will come bel'ore my agency which (check one) inu-::1 to my special private gain; or _ inured to the special gain of by whom 1 am retained. `T. (b) The measure before my agency and the nature of my interest in the measure is as follows: ° Ll rerow't an 5 of 1,�VK7`S /�c�y Inr�It Date Filed 2 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8H I0.86 PAGE 2 I. I i