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HomeMy WebLinkAbout1991-02-26 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26, 1991 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley City Clerk: Wanda Mullikin SPECIAL ANNOUNCEMENT MAYOR MCELYEA INFORMED THE AUDIENCE AND COMMISSION OF A RALLY THAT WILL BE HELD ON MARCH 7 , 1991 AT 7 :00 P.M. AT THE I.T PARKER CENTER IN SUPPORT OF THE TROOPS OF DESERT STORM. MAYOR MCELYEA MENTIONED THAT ALL BRANCHES OF THE SERVICE ALONG WITH DANIA CLUBS, SCHOOL BANDS, AND ORGANIZATIONS WILL BE REPRESENTED. MAYOR MCELYEA ENCOURAGED PUBLIC PARTICIPATION IN THIS EVENT. i PRESENTATIONS *Dedication of the Dania Flag (Comm. Cook) ?.� Commissioner Cook explained that since the incorporation of the City of Dania in 1904 , there has never been a City Flag adopted. Commissioner Cook mentioned that she was instrumental in creating a Flag Committee whose members assisted in the four original designs that were presented to the Commission for selection. She then requested Pastor Austin, along with the Flag Committee Members , to step forward for the dedication of the flag and also requested this dedication on behalf of the men and women serving in the middle east. At this time, Wanda Mullikin, City Clerk, was commended for her efforts in assisting the Committee Members in the creation of the Dania Flag. I i *B. S .O. Officer of the Month Award I Captain Carney, BSO, recognized Rob McCoy and Ronnie Wilson for their heroic actions in restraining John Bell who was attacking his girlfriend, Tanya Thomas , with a butcher knife by repeatedly stabbing her on January 25th . He explained that had these two individuals not have intervened, Ms . Thomas would have been killed. Ms . Thomas was taken to Memorial Hospital where she was listed in critical condition for a number of weeks and is now recovering at home. Captain Carney stated that the district is acknowledging Mr. McCoy and Mr . Wilson for their heroic efforts and that their names are being submitted to the Broward County Sheriff ' s Office to receive the "Life Saving Award" given to citizens . Captain Carney presented Deputy Richard Tarrant with the "Deputy of the Month Award" for January for his outstanding performance in the high number of felony arrests relating to car thefts . Captain Carney presented Sergeant Tom Sheridan with the "Deputy of the Month Award" for February for his efforts in restraining a suicide victim from killing himself . REGULAR MEETING 1 FEBRUARY 26 , 1991 4- *Annual spaghetti dinner set for March 10 (2-6 p.m. ) at the Chamber with ice cream social at Women 's Club following dinner. (Comm. Grace) Commissioner Grace encouraged public participation in the Dania Chamber of Commerce dinner along with ice cream at the Women 's Club following the dinner on March 10. She informed the audience that the tickets are $6.00 for adults and $3 . 00 for children. At this time, Commissioner Bertino requested permission for Ms . Jennifer Renuso to be given an opportunity to express her concerns regarding the Publix Shopping Center. Jennifer Renuso, President of Sandpiper Woods Townhomes Association, expressed her concern for the change in location of the dumpster behind the Publix Shopping Center. Will Allen, Growth Management Director, mentioned that the site plan approved in April 1989 showed that the dumpster was suppose to be located next to meter room #2 on the north edge of the building. Mr. Allen stated that after the approval, FPL did not allow the location of the dumpster near their transformer and the dumpster location was changed near the exit. Mr. Allen mentioned that he does feel the size of the dumpster needs to be changed as 'V the dumpster is higher than the screen enclosure. Michael Baumann, on behalf of the Publix Shopping to comply with FPL, ttheyhadn mentioned that in order ter, orrelocate 1' the dumpster near the exit and that this change was approved by Hugh Jones from the City Building Department. y Commissioner Cook mentioned that changes to site plans must be brought back before the Commission for approval . After further discussion, it was determined that Mr. Baumann would attend the Sandpiper Woods Homeowners Association meeting on Thursday in an effort to resolve these issues with the citizens in area. Vice Mayor Mikes expressed his dissatisfaction with the authority used by Building Officials to make changes to site plans without bringing them back to the Commission. AT THIS TIME, ITEM 7.6 WAS DISCUSSED ! PULLED FROM CONSENT AGENDA Commissioner Grace requested item 1 . 9 and Vice Mayor Mikes requested 1 . 8 be removed from the Consent Agenda. 1. CONSENT AGENDA City Attorney Adler read the following items for the Consent Agenda: Minutes 1 . 1 January 17, workshop meeting 1 . 2 February 6, workshop meeting 1 .3 February 6 , special meeting 1 . 4 February 13, regular meeting Bills 1 . 5 Approval of bills paid in December, 1990. Resolutions 1 . 6 A resolution of the City of Dania, Florida, amending its General Fund Budget for the fiscal year 1990-91 by making line item changes between departments. REGULAR MEETING 2 FEBRUARY 26, 1991 1 Y. 1 .7 A resolution of the City of Dania , Florida amending resolution No. 03-91 relating to Human Relations Advisory Board, passed and adopted on January 8 , 1991 . A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve the Consent Agenda excluding items 1 . 8 and 1. 9 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes ITEMS PULLED FROM CONSENT AGENDA 1 . 8 City Attorney Adler read the title of the resolution approving the General Release between the City of Dania and Dania Economic Development Corporation releasing deed restrictions covering lots as set for in General Release; and providing for an effective date. ,k , City Attorney Adler mentioned that this release will cover lots that have been built upon and that are ready , to close. A motion was made by Commissioner Bertino, seconded by '! p Commissioner Grace to approve this resolution releasing s Lots 3 , 4 , 5, 7 , 11 , 12, 18 and 23 of Collins Parc y according to the Plat thereof , as recorded in Plat Book 141 , at Page 17 , of the Public Records of Broward County, Florida . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes I 1 .9 City Attorney Adler read the title of the Ordinance for first reading amending Article 11 of Chapter 28 of the Code of Ordinances of the City of ' Dania, Florida, by amending Section 11 . 10 thereof , to include land use plan and by adding a new section to be numbered 11. 10. 1 and entitled "Petitioner-Applicant Requirements" . (V-Mayor Mikes) City Attorney Adler mentioned that this ordinance requires the names of all people involved in the ownership of property that is involved with a request for a zoning change or land use change . Vice Mayor Mikes mentioned that this ordinance will disclose who is benefiting by land use and/or zoning changes and expressed the need for the City to know who the property owner is in relation to these requests . A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to adopt this ordinance on first reading amending Article 11 of Chapter 28 of the Code of Ordinances of the City of Dania , Florida , by amending Section 11 . 10 thereof , to include land use plan and by adding a new section to be numbered 11 . 10 . 1 and entitled "Petitioner-Applicant Requirements" . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes REGULAR MEETING 3 FEBRUARY 26, 1991 i i 6 2. PROCLAMATIONS 2. 1 Mayor McElyea proclaimed March and April as "Telephone Book Recycling Months" . 3. BIDS-None 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4. 1 Petitoner/Owner - Francoise Boileau; property located at 140 Eleutherea 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 2/13/91) Will Allen requested continuance of this variance request to the March 26 , 1991 regular meeting . A motion was made by Commissioner Cook, seconded by Commissioner Bertino to continue VA-30-90 requested by Francoise Boileau for the construction of a carport to the March 26 , 1991 regular meeting. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice--Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes k 4 . 2 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) . Discussion followed regarding whether or not there was a public notice posted on the property explaining this variance request. Commissioner Cook made a motion to continue this request . Commissioner Cook withdrew her motion. A motion was made by Commissioner Cook, seconded by j Vice Mayor Mikes to continue this request to the next regular meeting of March 13 , 1991 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 3 An Ordinance of the City of Dania , Florida, providing for the dedication of land to be used for parks , passive or active open space or recreational purposes ; providing a formula for dedication; providing for payment of a fee in lieu of dedication; providing for the maximum total percentage of plat required for dedication; providing for credits for private parks , open space or recreational purposes and for regulations covering same; providing for separability; providing for codification; (Comm. Cook) (Continued from 2/13/91) REGULAR MEETING 4 FEBRUARY 26, 1991 i 4 4 Commissioner Cook stated that this ordinance will enable the City to receive fees instead of receiving property at the time of the dedication of the plat and will enable a trust fund to be opened for parks and open spaces . Will Allen, Growth Management Director, stated that this ordinance does require dedication of land for local parks when people plat property for residential purchases . The formula for the dedication is based on the number of people who will be generated by that development and based on the level of service for local parks that is in the local Comprehensive Plan. Mr. Allen mentioned that the formula comes to 3 acres per 1 ,000 population. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes w ~' Commissioner Grace-yes 4 .4 An Ordinance of the City of Dania, Florida, amending Section 27-17, Article II, Chapter 27 of the Code of Ordinances to be entitled "Connection to Water 1 System required when system is available" . City Attorney Adler mentioned that this ordinance requires a j person to hook up to the City water system if their property is within 250 ' of the water line. A•, . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook to table this I item. l Commissioner Cook withdrew her motion. A motion was made by Commissioner Cook, seconded by Vice Mayor Mikes to adopt this ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4. 5 An Ordinance of the City of Dania, Florida amending Paragraph (b) of Section 6-33 of the Code of Ordinances of the City of Dania to include Owners of Businesses located within the City of Dania . (Comm. Cook) (Beach Parking Permits) Commissioner Cook stated that this ordinance will enable owners of businesses located within the City to be granted a beach parking sticker for Dania Beach. City Attorney stated that an individual will have to Produce a Certificate of Registration showing the business along with an occupational license showing that the business is in Dania and that there will be one sticker per business. REGULAR MEETING 5 FEBRUARY 26, 1991 k- Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second and final reading regarding beach parking permits . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5. SITE PLANS 5.1 Request to revise site plan (SP-57-90) to include a pool and cabana in the Trafalger Associates cluster single family development east of SE 5 Avenue. Kevin Guthard, Regional Manager for Trafalgar Associates III, Inc. , stepped forward to review the changes requested to the site plan by including a restroom and swimming pool facility in the common area (open space) of the site which conforms with zoning Code 6. 52 Section (6A) which includes active recreational areas . `k A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve the request to revise the site plan (SP-57-90) to include a pool and cabana in q the Trafalger Associates cluster single family development east of SE 5 Avenue with the condition to include the hedge along the wall that will be moved 'i back 2 ' . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5.2 Request to revise site plan for Liberty Heights Building No. 1 located on SW 12 Avenue. Will Allen, Growth Management Director, explained that the improvements which have been installed in terms of landscaping, parking and sidewalks do not comply with the approved original site plan and that there is now a request to revise this plan which must be reviewed by the Commission. Mr. Allen pointed out the number of trees that were suppose to be planted in order to comply with the approved site plan and expressed his concern for the location of the handicapped parking spaces . Mr. Allen stated that he would not sign off on the Certificate of Occupancy for Building No. 1 as he felt the Commission needed to review these changes . Mr. Henry Graham, LES (Liberia Economic and Social Development, Inc) , explained that the revision to the site plan has been requested in an effort to cut costs on the project and reminded the Commission that his project is a low-budget Section 8 type of housing project . Commissioner Bertino expressed the need to continue with a quality development as approved in an effort to upgrade the area and did not approve of the revision. REGULAR MEETING 6 FEBRUARY 26, 1991 Y: Mr. Graham requested a Temporary Certificate of Occupancy be issued in an effort to lease the apartments prior to the landscaping requirements being met. A motion was made by Vice Mayor Mikes to maintain the original site plan as approved with the exception that the Black Olive Trees may be substituted with Laurel Oak Trees that LES has received as donations with no further changes to the landscaping requirements. Errol Smith, General Contractor for LES, and Will Allen, Growth Management Director, reviewed the site plan for the number of trees required. Vice Mayor Mikes restated his motion that was seconded by Commissioner Bertino. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Will Allen, Growth Management Director, requested permission from the Commission to allow the 5 ' sidewalk along SW 12th in the First Phase to be installed at one ' time and confirmed the trees must be installed prior to issuing a Certificate of Occupancy. The handicap parking to remain as stated on original site plan. i The Commission agreed. 'f % h 6. EXPENDITURE REQUESTS-None �t. 7. DISCUSSION -,' 7 .1 Request by Gerald Smilen to use plastic pipe rather than concrete pipe for drainage ditch parallel to SE 3 Place. 14 Gerald Smilen came forward to explain that 30" round f concrete pipe was required by the Commission to be used for this drainage project. He explained that there was a problem in running the sewer and water connections on southside of the pipe across the drainage pipe to reach the houses being built on the northside. He requested the Commission allow him to use PVC pipe instead of the concrete pipe required due to the connection problem and high cost of using concrete compared to PVC. Don Windham, Berry & Calvin, stated that from an Engineering point of view there is no problem in using PVC or concrete pipe for this project. Don Hinjum, H & H Crane, stated that they have already installed PVC pipe for the project and that the oversite occurred when Mr. Smilen advised him that his original proposal was approved, which included using PVC pipe, and that he was not aware the Commission had required his proposal be changed to use Concrete pipe instead of PVC. Vice Mayor Mikes mentioned that he thought John Calvin, Berry & Calvin, had recommended that the Commission use concrete pipe in an effort to ensure the best material was used on this drainage project back when the Commission approved the agreement with Mr. Smilen for this drainage project . REGULAR MEETING 7 FEBRUARY 26, 1991 i Commissioner Grace made a motion to table discussion of this item until a determination can be made on whether or not John Calvin recommended the City use concrete pipe instead of PVC pipe on this project . The Commission decided to schedule a Special Meeting on February 27 at 7:30 p.m. to take action on this item. 7 . 2 Discussion of campaign signs in a state of disrepair. (Comm. Grace) Commissioner Grace requested that each Candidate running in the upcoming election to look at their campaign signs to ensure that they are in good order as signs have been stolen and damaged from whether or in need of repair. 7. 3 Paving roads in recently annexed area . (Comm. Grace) Commissioner Grace stated that the City is not obligated to pave roads in the recently annexed area until October but requested that the City attempt to accommodate the residents in this area as soon as possible as they are now part of Dania . 7. 4 Increasing amounts of graffiti throughout the City. (Comm. Grace) Commissioner Grace brought up the subject of the excessive graffiti problem throughout the City and mentioned that something must be done to deter this. Captain Carney, BSO, stated that there are no real answers for resolving this problem and mentioned that the RAP (Rehabilitative Awareness Program) does aide in this issue by making juveniles responsible for cleanup. City Manager Flatley reported that the juveniles that are involved usually belong to gangs. He mentioned the importance of repainting over the graffiti immediately ' as these juveniles want the graffiti to remain on the i walls as long as possible. 7 .5 Discussion of letter from Dennis Des Jardin informing the City of his intent to run a prison pre- release center from 212 North Federal Highway. (Vice Mayor Mikes) Vice Mayor Mikes expressed his concern for allowing this type of program in the City as some of these people have been known to be violent . Dennis Des Jardin stepped forward to advise the Commission of Correctional Management , Inc. ' s intent to operate a pre-release center for the Federal Prison System at 212 North Federal Highway. He explained that these services have been provided by Dismas House from the Poinciana Hotel on N.W. First Avenue for 7 years and mentioned that there is very strict control and supervision of the individuals involved who are not normally violent or dangerous people. City Attorney Adler stated that he will review the laws and provide the Commission with a legal opinion as to whether the City is legally obligated to cooperate in this type of program. REGULAR MEETING 8 FEBRUARY 26, 1991 The Commission generally spoke in opposition of this issue and expressed a desire to create an ordinance in opposition upon a legal determination . ITEM 7.7 WAS HEARD AT THIS TIME ITEM 7.6 WAS DISCUSSED AFTER PRESENTATIONS 7 .6 Further discussion regarding the exit width of the Publix Shopping Center currently under construction. (Mayor McElyea) Mayor McElyea mentioned that the exit width was altered on the site plan for the Publix shopping Center currently under construction. Michael Baumann, Publix Shopping Center, stepped forward to explain that when there are non-substantial deviations being made to a site plan, it is general practice to not go back to the Commission for approval . He explained that in regards to the dumpster question, the dumpster was moved exactly 15, from the original location which should not have had a significant affect on odor control or rodent problems. He explained that the wall at the Publix was an after thought requested by Brian Gordon of the Sandpiper Bay Association and was not intended to be 35 ' in opening. t' He explained that if they are expected to block in this wall , a complete indemnity from the City would be "! required due to a traffic visibility blockage conflict being created when people make a right hand turn exit J ; from the opening. He mentioned that the opening is 35 ' and that they have added more landscaping than was "i originally required to enhance the area along with two "DO NOT ENTER" signs being installed. Mayor McElyea clarified that the wall opening measures 46 .9 ' and expressed his opposition to Mr. Baumann' s position stated. I j Will Allen responded to Mayor McElyea by stating that the fence is 8 ' on the side facing SE 14 Street and 5 ' to 5.5 ' if measured from the inside. He mentioned that the Code only allows a 6 ' fence but that the City Commission insisted on an 8 ' fence when they approved the Sheridan Square Shopping Center site plan. Will Allen read Section 5.36 (b) from the Dania Code regarding Garden Walls and Fences at the request of Mayor McElyea. AT THIS TIME, THE COMMISSION RETURNED TO THE CONSENT AGENDA 7 .7 Status report on citizen involvement projects . (Comm. Bertino) Commissioner Bertino reported that the Citizen Volunteers for Progress program is working very well and expressed appreciation to several individuals who recently assisted in labeling of the information that went out on the Reuter Recycling Plant. Commissioner Bertino explained other areas in which citizens can become involved in an effort to aide the City. 7 . 8 Tree City USA status granted to the City of Dania. (Comm. Bertino) Commissioner Bertino reported that the City of Dania has been named a TREE CITY USA by the National Arbor Day Foundation and explained the requirements that had to be met in an effort to receive this designation. REGULAR MEETING 9 FEBRUARY 26, 1991 i i 4. Commissioner Bertino mentioned that the City will receive a Tree City USA Flag and mentioned that he will arrange for the State Forester to present the City with the Flag along with the designation. 8. APPOINTMENTS 8 .1 Appointments to Human Relations Board. (continued from 2/13) The Commission was not prepared to make their final appointments to the Human Relations Board and it was confirmed that Vice Mayor Mikes , Commissioner Cook and Mayor McElyea have 1 more appointment each. This item was continued to the March 13, 1991 regular meeting. 9. CITIZENS' COMMENTS-None 10. ADMINISTRATIVE REPORTS 10.1 City Manager 10. 1 .1 Request for a Commission Workshop on March 19 to discuss water plant renovation and funding, replacement of 2" water lines , beach parking meter revenues and ' other items. 1 The Commission agreed to schedule a workshop on March . 10 19 at 7 :00 p.m. E 10. 1 . 2 Next Airport Advisory Board Meeting is scheduled for February 27 at 7 : 30 p.m. 10. 1.3 Application to F. I .N.D. for I .T. Parker Center •,� seawall sounding and dredging for boat tie-up along seawall . Mr. Flatley reported that additional documentation was required in the application to F.I .N.D. for boat tie-up along the seawall at I .T. Parker which has delayed things until March 1 , 1992 . 10.2 City Attorney City Attorney Adler reported that all papers have been filed in the District Court regarding the Bill Hyde Suit and that he is awaiting a decision from the Court . 11. COMMISSION COMMENTS 11.1 Commissioner Bertino Commissioner Bertino reported that a street light will be installed between the two existing lights near the Winn Dixie Shopping Center in an effort to deter robberies in the area . Commissioner Bertino requested City Manager Flatley to purchase a wireless microphone and a board to post plans in order to review for the Commission Chamber . 11 . 2 Commissioner Cook Commissioner Cook reported on the positive response with the Adopt-A-Park Program. REGULAR MEETING 10 FEBRUARY 26, 1991 i 4. 1 Commissioner Cook mentioned that several people from Meadowbrook Lakes have complained about garbage trucks going in and out of the Winn Dixie Shopping Center at all hours of the day and night and requested something be done. City Manager Flatley stated that beginning Monday, individuals will be ticketed for this ordinance violation. Mr. Flatley reported that the construction portion of Phase I at Dania Beach is almost finished. He stated that the parking lot has been paved and cut outs have begun and new picnic tables have arrived and platforms have been built. Mr . Flatley mentioned that the landscaping portion is out for bid at this time and that the grant should be awarded at the March 13 regular meeting. The Grant for Phase II for $150 ,000 is still in Tallahassee awaiting approval which will include new restrooms , additional landscaping, new crossovers, boardwalk and 45 more parking spaces . Mr. C.F. Hill commented on the coconut palm trees designated in the landscaping plan for the Beach. Commissioner Cook requested Mr. Flatley review this issue with Mr. C.F. Hill . Mr. C.F. Hill complained about the garbage trucks that are operating in the City alleys at 3 :00 a .m. and t, expressed concern for the high speed boats going down 1 t the C-10 canal . , City Manager Flatley reported that the Marine Patrol is going to place more signs up all the way out to Ravenswood and patrol the area. He stated that he would report back to the Commission when he obtains an update from Captain Carney, BSO. 11.3 Commissioner Grace Commissioner Grace expressed appreciation for the street light being installed at the Winn Dixie Shopping Center. 11 . 4 Vice Mayor Mikes Vice Mayor Mikes commented on the graffiti and dumping problems that continue to exist in the City. He mentioned the need to have Code Enforcement continue to it site violators in this area . Vice Mayor Mikes stated that the Greenbelt along Griffin Road has been completed and mentioned the positive image effects this project has had on Dania. Vice Mayor Mikes expressed the importance of the Commission having the opportunity to review changes that are requested on pre-approved site plans as problems arise when staff approves changes without Commission knowledge. Vice Mayor Mikes mentioned the need to pave certain alleys in the Melaleuca area. The Commission reminded the audience of the rally being held at the I .T. Parker Center on March 7 in support of the troops in the Mid-East . REGULAR MEETING 11 FEBRUARY 26, 1991 t i 43 11 . 5 Mayor McElyea At Mayor McElyea 's request , City Manager Flatley reported on the progress being made with regards to improvements for Northside Park in the Melaleuca area . Mayor McElyea reported that the Appeals Court in Palm Beach has upheld his appointments made to the Dania Housing Authority. He mentioned that the Dania Housing Authority has continued to not accept his appointments but stated that he intends to make two more appointments in the near future. This regular commission meeting was then adjourned. -MAYOR-C MM SI R CITY CLER -AUDITOR MI 1 ry 1 j J 4 n e IS 1 I r REGULAR MEETING 12 FEBRUARY 26, 1991 4 Y. AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26, 1991 8:00 P.M. INVOCATION ROLL CALL PRESENTATIONS * Dedication of the Dania Flag (Comm. Cook) * B.S.O. Officer of the Month Award * Annual spaghetti dinner set for March 10 ( 2-6 p.m. ) at the Chamber with ice cream social at Women ' s Club following dinner (Comm. Grace) 1 . CONSENT AGENDA Minutes 1 . 1 January 17, workshop meeting 1 . 2 February 6, workshop meeting 1 . 3 February 6, special meeting 1.4 February 13, regular meeting Bills 1 . 5 Approval of bills paid in December Resolutions " 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS 1 GENERAL FUND BUDGET FOR THE FISCAL YEAR 1990-91 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL j RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE i REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING RESOLUTION NO. 03-91 RELATING TO HUMAN RELATIONS ADVISORY BOARD, PASSED AND ADOPTED ORPARTTSOOFJRESOLUTIONS1 IN CONFDLICTOVIDING HEREWITHHAT ALL BE REPEALEDLUTONS TOITHE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING GENERAL ' RELEASE BETWEEN THE CITY OF DANIA AND DANIA ECONOMIC DEVELOPMENT CORPORATION RELEASING DEED RESTRICTIONS COVERING LOTS AS SET FORTH IN GENERAL RELEASE; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1.9 "AN ORDINANCE. OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 11 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMENDING SECTION 11 . 10 THEREOF, TO INCLUDE LAND USE PLAN AND BY ADDING A NEW SECTION TO BE NUMBERED 11 . 10. 1 AND ENTITLED "PETITIONER - APPLICANT REQUIREMENTS" ; 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 Mikes) 1 2 . PROCLAMATIONS 2. 1 "Telephone Book Recycling Months" - March & April 3 . BIDS - none 4 . PUBLIC HEARINGS (final readings ) 4. 1 Petitioner/Owner - Francoise 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 2/13/91) 4. 2 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) . 4 . 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE DEDICATION OF LAND TO BE USED FOR PARKS, PASSIVE OR ACTIVE OPEN SPACE OR RECREATIONAL PURPOSES; PROVIDING A FORMULA FOR DEDICA- TION; PROVIDING FOR PAYMENT OF A FEE IN LIEU OF DEDICATION; PROVIDING FOR THE MAXIMUM TOTAL PERCENTAGE OF PLAT REQUIRED FOR Y., DEDICATION; PROVIDING FOR CREDITS FOR PRIVATE PARKS, OPEN SPACE OR RECREATIONAL PURPOSES AND FOR REGULATIONS COVERING SAME; PROVIDING FOR SEPARABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL G RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE y REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN i EFFECTIVE DATE. " (Comm. Cook) (continued from 2/13/91 ) it � I 4 . 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION i, 27-17, ARTICLE II , CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO BE ENTITLED "CONNECTION TO WATER SYSTEM REQUIRED WHEN SYSTEM IS AVAILABLE"; 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 I 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO INCLUDE OWNERS OF BUSINESSES LOCATED WITHIN THE CITY OF DANIA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Beach Parking Permits) (Comm. Cook) 5. SITE PLANS 5. 1 Request to revise site plan (SP-57-90 ) to include a pool and cabana in the Trafalger Associates cluster single family development east of SE 5 Avenue. 5. 2 Request to revise site plan for Liberty Heights Building No. 1 located on SW 12 Avenue . 2 t 6. EXPENDITURE REQUESTS - none 7 . DISCUSSION 7 . 1 Request by Gerald Smilen to use plastic pipe rather than concrete pipe for drainage ditch parallel to SE 3 Place. 7. 2 Discussion of campaign signs in a state of disrepair. (Comm. Grace) 7. 3 Paving roads in recently annexed area. (Comm. Grace) 7.4 Increasing amounts of graffiti throughout the City. (Comm. Grace) 7. 5 Discussion of letter from Dennis Des Jardin informing the City of his intent to run a prison pre-release center from 212 North Federal Highway. (Vice-Mayor Mikes) 8 . APPOINTMENTS 8 . 1 Appointments to Human Relations Board. (continued from 2/13 ) 9. CITIZENS' COMMENTS - Comments by Dania citizens or interested • ' parties that are not a part of the regular agenda should be given in 1 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 1 to address the City Commission during the meeting. 10. ADMINISTRATIVE REPORTS 10. 1 City Manager r,( 10. 1 . 1 Request for a Commission Workshop on March 19 to discuss water plant renovation and funding, replacement of 2" water lines, beach parking meter revenues and other items. 10. 1 . 2 Next Airport Advisory Board Meeting is scheduled for I February 27 at 7: 30 p.m. i 10. 1 . 3 Application to F. I . N.D. for I .T. Parker Center seawall sounding and dredging for boat tie-up along seawall . 10. 2 City Attorney 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 . 2 Commissioner Cook 11 . 3 Commissioner Grace 11 . 4 Vice Mayor Mikes 11. 5 Mayor Mc Elyea 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. 3 Yi ADDENDUM DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26, 1991 7 . DISCUSSION (continued) 7 . 6 Further discussion regarding the exit width of the Publix Shopping Center currently under construction. (Mayor McElyea) 7. 7 Status report on citizen involvement projects. (Comm. Bertino) 7.8 Tree City USA status granted to the City of Dania. (Comm. Bertino) -j I l i r P R O C L A M A T I O N WHEREAS, the Florida Solid Waste Management Act of 1988 requires local government to reduce its waste stream by 30%; and , WHEREAS, seven (7) million pounds of new telephone books will be delivered throughout Broward County in March and April this year; and WHEREAS, the citizens and businesses who will receive the 900,000 sets of new phone books wish to recycle the old phone books; and WHEREAS, each City can save approximately $40 per ton in landfill tipping fees for each ton of books recycled; and , WHEREAS, a volunteer Telephone Book Recycling Committee made up o 1 process and citizen i representation have created a City, County, Business , 4 rehensive, countywide phone book recycling project to begin enabling a comp + i this year; and, working together, a large enough quantity of telephone WHEREAS , by books to be recycled; books can be collected to attract a market for the and WHEREAS , the City Commission agrees it is in the best interest of is whenever feasible. its community to recycle materia Mayor of the City of Dania, NOW, THEREFORE , I , Charles K. McElyea, Y Florida, do hereby proclaim the months of March and April as "TELEPHONE BOOK RECYCLING MONTHS" in the City of Dania , and urge all citizens to promote and support the Telephone Book Recycling Project to assure its success in the City of Dania. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 26 day of February, 1991 . ATTEST: .i/ ,,•✓ ---- L,h�." mayor eha�, � s K. McElyea i anda Mullikin, City Clerk r , i i