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Home My WebLink AboutNULL (97) r ; dp P f MINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 10 , 1984 INVOCATION: Reverend Van Arsdale 4 PLEDGE OF ALLEGIANCE ROLL CALL: Present : Mavor: Chester A. Bvrd Vice-Mayor : John Bertino Commissioners : James Adams Jean Cook Robert Donlv City Attorney: Frank Adler Citv Manager: Richard Marant Citv Clerk: Wanda Mullikin Police Chief : Rudolf Rigo Building Official : Paul Maxwell 1 1. CONSENT AGENDA j � E j Minutes i 1.1 March 27 , 1984, Regular Meeting I 1.2 March 20. 1984, Workshop Meeting Bills {f 1.3 February, 1984 Ordinances (first reading) 1.4 The title of an ordinance amending subsections 1.01I and 1.01X of the Development Order for the Design Center of the Americas Development of Regional Impact adopted by City of Dania Ordinance No. 20; providing that the l applicant may perform separate analyses of energy conservation measures for the hotel and office complex and for the wholesale design center portions of the project; providing that the applicant shall riot obtain. and the City shall not issue, a building permit for a j building in the project until such an analysis j applicable to that building has been approved by the City and the South Florida Regional Planning Council; providing that all terms and conditions of the Development Order of the Design Center of the Americas { Development of Regional Impact shall remain in full 1 force and effect, except as amended by this ordinance was read for first reading by Mayor Byrd. A motion was made by Commissioner Adams, seconded by Commissioner Donly to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 1 L � A Regular Meeting 1 April 10 , 1984 4 L h` r I � I 2. BIDS (8:15 P.M. ) *Addressed after item 3. 1 2.1 Receipt of bids for one ( 1) Digital RA60-AA rack-mountable, 205 MB, removeable-media disk drive or its equivalent A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to close the receiving of bids. The motion passed unanimously. City Manager Marant read the following sealed bids received: Digital Systems 900 N. Fed. Hwy. Suite 250 Boca Raton, Fl. Unit Price: $13,200. 00 Florida Computer Inc. 99 NW 183rd St. No. Miami, F1. Unit Price: $15,000 . 00 i Digital Equip. Corp. 18425 NW 2nd Ave. Suite 200 Miami , F1. Unit Price: $15,000 . 00 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to remand bids received to City i Manager Marant for his review and recommendation at the next regular Commission meeting of April 24, 1984. The motion passed unanimously. City Manager Marant reported on the current status and { future plans for the City' s computer system. j 3. PUBLIC HEARINGS of Variances 3.1 PZ-64-83, Cerise Merola, 188 NE 6th Court (continued from January 3 , 1984) Cerise Merola stepped forward to request a variance to allow a screened pool enclosure to be constructed within set-back areas, and to allow a pool to be constructed closer than 5 feet to the property line, explaining that her poor health condition necessitates the screened pool. Building Official Maxwell stated that the Planning and Zoning Board recommends approval of this request. Mayor Byrd opened the public hearing. Hearing a member of the Country Squire Townhomes Association object on grounds of procedure, the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant the variance request by Cerise Merola. The motion passed on the following roll call vote: i Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 1 ; Commissioner Donly-yes j Regular Meeting 2 April 10 , 1984 ,rr yc t, � u 7 I * (At this time item 2 was addressed. ) 3.2 PZ-14-84, Ralph P. Brown for Dusky Marine, 140 N. Bryan Road Ralph Brown stepped forward to request a variance to extend the time span granted on PZ-50-82 (to allow a security trailer on premises for a period of one year) . Building Official Maxwell stated that Plannincr and Zoning Board' s stipulation that a proper permit be applied for and issued for the storage shed erected near the security trailer has been complied with. Mayor Byrd 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 Donly to grant the variance request to Ralph P. Brown for Dusky Marine to allow a security i trailer on premises for a period of not more than one year. The motion passed on the following roll call vote: i Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes -- Commissioner Donly-yes 3.3 PZ-15-84, Pierre Giraud for Land "N" Sea Distributing r Inc. , 125 Bryan Road A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this agenda item until the next regular Commission meeting of April 24, 1984, due to the fact that the petitioner was not present. After discussion, Commissioner Donly withdrew the motion. Mayor Byrd opened the public hearing. Mayor Byrd explained the variance request to allow reduced size of parking spaces from 10, x 20 ' to 9' x 18' . and a 24' maneuvering aisle. Hearing Bob Mikes comment in agreement with Vice-Mayor Bertino' s objection to extending the courtesy of continuing an agenda item when the petitioner presents no advance notice of being unable to attend and simply fails to appear, the Mayor closed the public hearing. Mayor Byrd suggested that a workshop meeting be scheduled to discuss the procedure of continuing public hearings when petitioners fail to appear. A motion was made by Commissioner Donly, seconded by Commissioner Adams to continue this agenda item until the next regular Commission meeting of April 24, 1984. The motion passed unanimously. i 3.4 PZ-18-84, Milton L. Jones, Jr. , NW 2nd Street and NW i 13th Court i Milton Jones stepped forward to request a variance to allow construction of more than 2 units per lot ( 2 lots, j 4 units allowed - request is for 5 units) , explaining I that a similar request had previously been granted last 1r " year and is needed again due to the need for housing in that area. Regular Meeting 3 April 10, 1984 3 r to hi x S'r 4 Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Adams. seconded by Commissioner Cook to grant the variance request by Milton L. Jones , Jr. The motion passed on the following i roll call vote: I Commissioner Adams-ves Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-ves Commissioner Donly-yes 3.5 PZ-21-84. Harry Bundy for Bundy Sian Co. , 1901 Griffin Road Harry Bundy stepped forward to request a variance to allow construction of a billboard sign to replace an existing billboard structure (for Tropical Acres sign) , explaining that the present sign is 35' in height, with two sides and the replacement sign is to be 40' in height and three-sided. Mayor Byrd opened the public hearing. Hearing Bob Mikes speak in opposition and Audrey Cassese speak in favor. the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino. seconded by r" Commissioner Cook to grant the variance request by Harry Bundy to allow construction of the new billboard sign with the stipulation that the landscaping be added to the satisfaction of the City' s Building Official. The motion passed on the following roll call vote: Commissioner Adams-ves Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 3.6 PZ-22-84, Jimenez and Associates for Southland Corp. , SW corner of Federal Highway and SW 14th Street Tony Jimenez, Architect for Southland Corp. , stepped forward to request a variance to allow construction of a 7-11 store in a C-3 zoning classification, with a 5 foot j rear set-back ( 10 feet required) . He explained that per the Planning and Zoning Board' s recommendation, the wall at the rear of the store will be 6' high with a 5' gate between wall and building. Mayor Byrd 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 1 Vice-Mayor Bertino to grant the variance request by Tony Jimenez with the stipulation that landscaping to the satisfaction of the City's Building Official be provided and the Planning and Zoning Board' s requirements re wall and gate be met. The motion passed on the following i roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-no Regular Meeting 4 April 10 , 1984 < 5' d Special Exceptions 3. 7 PZ-19-84, James D. Neal , 106 SW 1st Avenue Building Official Maxwell explained that due to the Petitioner not appearing at the Planning and Zoning Board meeting, the Board continued the item to its next meeting. A motion was made by Commissioner Cook, seconded by f Commissioner Donly to refer this item to the Planning and Zoning Board for its recommendation. The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Bertino-yes � Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Vacating of Right-of-Way Easements 3.8 PZ-12-84, John Bond. NE corner of NW 1/4 of Section 26, { Township 50 South. Range 42 East and the South 1/4 corner of Section 23. Township 50 South, Range 42 East designated as "Parcel B" 3.9 PZ-16-84, John Bond, a 25 foot wide strip of land located in the SW 1/4 of Section 23 , Township 50 South. Range 42 East , being a mapped road between the #, 1 properties of Bond and Nisi Industries , Inc. 3. 10 PZ-17-84, John Bond, portion of land at the N 1/4 corner of Section 26, Township 50 South, Range 42 East, said land being 15' x 334.32 ' Building Official Maxwell explained that per the petitioner' s request by letter, the Planning and Zoning j Board recommends that PZ-12-84, PZ-16-84 and PZ-17-84 be j deferred and considered at a later date. i i A motion was made by Commissioner Donly, seconded by ! Vice-Mayor Bertino to remand agenda items 3.8, 3.9 and 3. 10 back to the Planning and Zoning Board for further review. The motion passed unanimously. i 4. AGREEMENTS 4. 1 Providing for work to be performed by personnel of the i Broward Countv Public Works Department jA motion was made by Commissioner Donly, seconded by Commissioner Cook to approve and enter into the Agreement between Broward Countv and the City of Dania providing for work to be performed by personnel of the 1 Broward County Public Works Department. The motion j passed unanimously. 5. DISCUSSION 5.1 Request by "Good Old Days Celebration" committee to place sign on the Pirates Inn building A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve the placement of a sign on the Pirates Inn building by the "Good Old Days Celebration" committee. The motion passed unanimously. Regular Meeting 5 April 10, 1984 10 j x y. 1 * ADDENDUM ITEM: 5.2 Petition in support of the proposed amendment to Section Two of Broward Countv Ordinance 80-70 which would alter the expenditure of monies from the Broward County Tourist Development Trust Fund in order that said funds I will be apportioned between Broward County, Florida. I Vice-Mayor Bertino Vice-Mayor Bertino explained the petition as a movement by the City of Hollywood for reallocation and distribution of T.D.C. funds. The Commissioners were all in agreement that Dania' s interests in the issue should be further investigated and discussed. ** (CITIZENS' COMMENTS Agenda was addressed at this time. ) 6. ADMINISTRATIVE REPORTS i 6.1 City Manager Marant reported on Marine Conversion' s falling behind schedule regarding the Houston Park Marina development project. 6.2 City Attorney - no comment. i -,. 7. COMMISSION COMMENTS 7.1 Commissioner Adams announced the Easter Sunrise Service to be held at Dania Beach at 6:00 a.m. sponsored by the First Baptist , Dania Heights Baptist and Dania Methodist Church. i 7. 2 Commissioner Cook announced the Old Fashioned Ice Cream Social to be held on Sunday, April 15th, between 3:00 p.m. and 6:00 p.m. , sponsored by the Dania Womens' Club. i f 7. 3 Commissioner Donly - no comment. j 7.4 Vice-Mayor Bertino announced that the Friends of the Library will have a table at the Good Old Days ) celebration for selling books. Vice-Mayor Bertino also commented on Olsen Middle School 's remaining open and commented on the availability of the school 's tennis courts. i 7. 5 Mayor Byrd proclaimed May 6 - 12th "Volunteer Week" , and also honored the famil unit b the Family" . Y Y proclaiming "The Year of Mayor Byrd commented on the Peer Counseling Program funded by BETA. At Mayor Byrd' s invitation, Mr. Wiggins spoke about the benefits of the program, and urged j support of a local Peer Counseling Program. 8. CITIZENS ' COMMENTS ** (Addressed before item 6) f 8. 1 Rose Middelton of 709 SW 4th Street. RE: R & R Nursing Home tenants: more control regarding tenants' actions. Rose Middelton stepped forward to comment on an incident occurring at her home involving an R & R Nursing Home tenant. J P Regular Meeting 6 April 10 , 1984 ' sP i; } f)F �. x 1� I I ,7 I City Manager Marant stated that he spoke with Mrs. Yolanda Hiags-Rule, owner of R & R Nursing Home, who said that Mrs. Middelton had not contacted her about the situation and she expressed her concern. City Manager Marant said he believes this is an isolated situation rather than a serious Community problem. A motion was made and seconded to adjourn this Regular Commission Meeting. The motion passed unanimously. MAYOR-COMMISSION i I i 'CITY CLERK-AUDITOR i i i I I f i f i i i j i 1 ! I I I II' s i t < � t Regular Meeting 7 April 10, 1984 '!Se AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 10 , 1984 8 : 00 P.M. Invocation by Reverend Van Arsdale Pledge of Allegiance Roll Call 1 . CONSENT AGENDA Minutes 1 . 1 March 27 . 1984 , Regular Meeting 1 . 2 March 20 , 1984 , Workshop Meeting Bills 1 . 3 February 1984 Ordinances ( first reading ) 1 . 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB- SECTIONS 1. 01I AND 1 . 01X OF THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20 ; PROVIDING THAT THE APPLICANT MAY PERFORM SEPARATE ANALYSES OF ENERGY # CONSERVATION MEASURES FOR THE HOTEL AND OFFICE COMPLEX AND FOR THE WHOLESALE DESIGN CENTER PORTIONS OF THE PROJECT; PROVIDING THAT THE APPLICANT SHALL NOT OBTAIN, AND THE CITY ,- SHALL NOT ISSUE, A BUILDING PERMIT FOR A BUILDING IN THE PROJECT UNTIL SUCH AN ANALYSIS APPLICABLE TO THAT BUILDING HAS BEEN APPROVED BY THE CITY AND THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT SHALL REMAIN IN FULL FORCE AND EFFECT; EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL PREVAIL IN THE EVENT OF T CONFLICT WITH OTHER ORDINANCES OR RESOLUTIONS ; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. " 2 . BIDS ( 8 : 15 P.M. ) 2 . 1 Receipt of bids for one ( 1 ) Digital RA60-AA rack-mountable , 205 MB, removeable-media disk drive or its equivalent s 3 . PUBLIC HEARINGS Variances 3 . 1 PZ-64-83 , Cerise Merola, 288 NE 6th Court ( continued from January 3 , 1984) 3. 2 PZ-14-84 , Ralph P. Brown for Dusky Marine, 140 North Bryan Road 3 . 3 PZ-15-84 , Pierre Giraud for Land "N" Sea Distributing Inc. , 125 Bryan Road 3 . 4 PZ-18-84 , Milton L. Jones , Jr . , NW 2nd Street and NW 13th Court 3 . 5 PZ-21-84 , Harry Bundy for Bundy Sign Cc . , 1901 Griffin Road 3 .6 PZ-22-84 , Jimenez and Associates for Southland Corp. , SW corner of Federal Highway and SW 14th Street '1 a PUBLIC HEARINGS ( continued) Special Exceptions 3 . 7 PZ-19-84 , James D. Neal , 106 SW 1st Avenue Vacating of Right-of-Way Easements 3 . 8 PZ-12-84, John Bond, NE corner of NW 1/4 of Section 26 , Township 50 South, Range 42 East and the South 1/4 corner of Section 23 , Township 50 South, Range 42 East designated as "Parcel B" 3 . 9 PZ-16-84 , John Bond, a 25 foot wide strip of land located in the SW 1/4 of Section 23 , Township 50 South, Range 42 East , being a mapped road between the properties of Bond and Nisi Industries , Inc. 3 . 10 PZ-17-84 , John Bond, portion of land at the N 1/4 corner of Section 26 , Township 50 South, Range 42 East , said land being 15' x 334. 32' 4 . AGREEMENTS 4 . 1 Providing for work to be performed by personnel of the Broward County Public Works Department 5. DISCUSSION Celebration" committee to place 5 . 1 Request by "Good Old Days sign on the Pirates Inn building 6. ADMINISTRATIVE REPORTS 6 . 1 City Manager 6. 2 City Attorney 7 . COMMISSION COMMENTS 7 . 1 Commissioner Adams 7 . 2 Commissioner Cook e 7 . 3 Commissioner Donly 7 . 4 Vice-Mayor Bertino 7 . 5 Mayor Chester Byrd 8. CITIZENS ' COMMENTS - Comments by Dania citizens or other interested parties that are not 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) Tuesdays 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. *Emergencies may be given to the Mayor , a City Commissioner or City Manager prior to the beginning of the meeting. 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. c , { i I 1 J I it 4 l 4 i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING APRIL 10, 1984 DISCUSSION (continued) 5.2 Petition in support of the proposed amendment to Section Two of Broward County Ordinance 80-70 which would alter the expen- diture of monies from the Broward County Tourist Development Trust Fund in order that said funds will be apportioned between Broward County, Florida. Vice-Mayor Bertino I t i 1 i I f I i i � I 7 I � 1 I I a �x dap t 3U� xi P7H 'v CITIZENS COMMENTS AGENDA I APRIL 10, 1984 COMMISSION MEETING I i Item: 1. Rohe hlidde(ton oS 709 S.1V. 4.th StAee.t. RE: R 9 R Nuu ng Home -tennants; Mone con.thoE neg=livng tennants actionh. i I E 1 i I f I 3 J, i i i I <r �