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Home My WebLink AboutNULL (243) r I ' MINUTES DANIA CITY COMMISSION REGULAR MEETING MARCH 8, 1988 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Chester Byrd Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief : Gilbert Thivener 1 . CONSENT AGENDA Minutes 1 . 1 February 23, 1988, Regular Meeting Bills j 1. 2 Approval of January bills paid Ordinances ( First Reading Only ) 1. 3 The title of an ordinance approving "Stirlingw Road/Hawthorne Plat" was read forffirst reading by City Attorney Adler. (property located at 1975 Stirling Road ) 1. 4 The title of an ordinance rezoning Lot 6, Block 1 of "Douglas Hill" from R-2 to C-2 zoning classification was read for first reading by City Attorney Adler. (property located at 151 SW 18 Ave. ) �. 1 . 5 The title of an ordinance amending Article II, Chapter 13 of the 1980 Code by adding Section 13-32 providing for charges for mowing of privately owned empty lots throughout the City was read for first reading by City Attorney Adler. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the consent agenda. The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes I Commissioner McElyea-yes 2. PROCLAMATIONS 2. 1 Mayor Byrd proclaimed March, 1988, as "Drug Abuse Awareness Month. " i 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS i Administrative Ordinances (second and final reading) 4. 1 The title of an ordinance amending Chapter 22, Article I, Section 22-5 of the 1980 Code of Ordinances by adding Subsection (2 ) ( i ) providing for limitations on the installation and uses within street swale areas within the City of Dania was read for second and final reading by City Attorney Adler. Regular Commission Meeting 1 111 March 8, 1988 i J Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. � f A motion was made by Commissioner Hirsch, seconded by r j Commissioner Bertino to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 2 An ordinance amending Section 2.4 of the Code of Ordinances by amending the existing Civil Service rules in their entirety by setting forth the principles and procedures that are to be followed by the City of Dania in its personnel program; providing for exceptions to the personnel covered by Civil Service; providing for a Civil Service Board ; providing for a classification and compensation plan ; providing for a separation and disciplinary action; providing for a grievance procedure; and providing for an appeal procedure . (continued from 2/23/88 ) A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to continue this item until the next regular meeting of March 22, 1988. The motion passed 4-1,voting nay. Commissioner Hirsch i 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner: Joseph Berliner; property located at 1975 Stirling Road SP-15-88 - A site plan ap proval is requested for an industrial warehouse building, ► Joseph Berliner, of Broward Window Shade Co. , stepped forward to explain the request for site plan approval for construction of a warehouse for raw materials in conjunction with the shade business . A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to continue this item until the next regular meeting of March 22, 1988. The motion passed _•� unanimously. i 5. 2 Petitioner/Owner: Harbour Towne Marina ;NE 3 Street property located at 801 SP-16-88 - A site plan approval is requested for a bait shop. i A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to continue this item until the next regular meeting of March 22, 1988. The motion passed unanimously. 6. EXPENDITURE REQUESTS 6. 1 Approval of expenditure for professional services rendered by Karon, Savikas & Horn regarding airport expansion. City Manager Jewell recommended approval of payment of the statement for services rendered in the months of January and February in trying to develop an economical E City regarding the ad valorem tax base. impact rebate to the A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to authorize payment of the invoice. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Byrd-yes Mayor 8 ) �.Commissioner McElyea-yes Y Y yes I �J Regular Commission Meeting 2 March 8, 1988 � � d r i I 7. SPECIAL REQUESTS 7. 1 Request by Jennie Versaci and Leo 's Motel to waive replatting requirement for the vacation of an alley lying between 23 SE 4 i Street and 333 South Federal Highway. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant permission to file the application for vacation of an alley, refer it to the P&Z Board and waive the replatting requirements in conjunction therewith. The motion passed unanimously. 8. APPOINTMENTS 8. 1 Appointment of two members to the Code Enforcement Board . (the terms of Horace McCutcheon, businessman & William Sargent, sub-contractor are expired ) A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to reappoint Horace McCutcheon, businessman and William Sargent, sub-contractor to the Code Enforcement Board . The motion passed unanimously. 8. 2 Appointment of four members to the Planning and Zoning Board. (the terms of Sam Calandra (Comm. Bertino 's appointment) , Gloria Daly (Comm. Hirsch 's appointment) , David Nuby, Sr. (Mayor Byrd 's appointment ) and Anita Serpe (Vice-Mayor Cook 's appointment ) expire in March) 1 1 A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to appoint the following members to the Planning and Zoning Board : Sam Calandra w j (reappointed by Commissioner Bertino for a period of one year) Gloria Daly (reappointed by Commissioner Hirsch for a period of six months ) David Nuby, Sr. (reappointed by Mayor Byrd for a period of one year) Anita Serpe ,,,.,,,� i (reappointed by Vice Mayor Cook for a period of one year) i The motion passed unanimously. ADDENDUM ITEM: 8.3 Appointment of Advisor Consultant to the Industrial Advisory Board. (Mayor Chester Byrd ) A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve Mayor Byrd 's appointment of Dr. Jose Rebelo as Advisor Consultant to the Industrial Advisory Board for a period of one year, with the understanding that if other Commissioners wanted to, they also would have the ability to put someone on the Board . During discussion of the motion, it was noted that this is an unpaid position. The motion passed unanimously. 9. DISCUSSION 9. 1 Discussion regarding status of Public Works Department. Mayor Byrd noted improvements made in the Public Works Department and commended Public Works Director Lund . A motion was made by Vice Mayor Cook , seconded by Commissioner I Bertino to give Herbert Lund a vote of confidence. The motion 1 passed unanimously. f i i I Regular Commission Meeting 3 March 8, 1988 9. 2 Discussion regarding "No Parking" signs along SW 1 St . and 1 Ave.ve. (continued from 2/23/88 ) Following Commission direction, City Manager Jewell presented further information on the parking situation of SW 1 Street and 1 Avenue, explaining the conditions necessitating the existing "no parking" signs in the area. Vice Mayor Cook suggested that the owner of Grampa 's restaurant be advised to place a sign on his building directing customers to park at the municipal complex . At Mayor Byrd's request for a recommendation, City Manager Jewell said, based on the information gathered from the Police Department , the area residents , and the traffic engineer, his recommendation would be to leave the signs where they are, removing none. A motion was made by Commissioner Hirsch to accept the City Manager 's recommendation. The motion died for lack of a second . A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to allow the property owner to place the appropriate size sign on his building to notify people patronizing his restaurant that parking is available in city hall 's municipal parking lot. The motion passed 4-1, Commissioner Hirsch voting nay. 9. 3 Discussion regarding landscaping on new construction. Comm. McElyea Commissioner McElyea pointed out the need for code enforcement regarding land developers not meeting the requirements of the r landscape code on new construction and failing to maintain the landscape in compliance with the approved site plan. City Manager Jewell was asked to look into the matter and report back to the Commission. City Attorney Adler said an ordinance amendment, coming up on the next agenda, to eliminate Code Enforcement Board preliminary hearings should alleviate the problem. i 9. 4 Discussion regarding irrigation meters for duplexes & triplexes . Comm. McElyea Commissioner McElyea called attention to the problem of people ' making triplexes and warehouses in duplex residential zoning, and cited several cases where people got permission to add on a family room and, instead, built an efficiency for rent. Commissioner McElyea stressed the need to get an official building inspector. City Manager Jewell reported that Building Official applications are being accepted until March 18th. He also reported, per a previous request by Vice Mayor Cook , that he is awaiting receipt of FP&L's computer printout of all residential properties with three or more meters at this time. The City Manager suggested that the issuance of sprinkler system meters should be looked into with regard to possible zoning abuse. The Commission discussed the need for code enforcement regarding residential zoning code abuses . j 9. 5 Discussion regarding g g proposed ordinance on Downtown Redevelopment. " Comm. Hirsch The Commission discussed the three ordinances that will be placed on the next meeting 's Consent Agenda for first reading. Regular Commission Meeting 4 March 8, 1988 ,F7 . �,.. 4 i j10. CITIZENS ' COMMENTS ' 10. 1 No verbal or written requests for Citizens ' Comments for this night 's meeting were received. f 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell - no comment. (` 11. 2 City Attorney - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment. 12.2 Commissioner Hirsch - no comment. 12. 3 Commissioner McElyea - no comment . 12. 4 Vice Mayor Cook deferred her time to Kathy Kelly, of Ocean Waterway Mobile Home Park, who commented that the question previously asked regarding whether or not Michael Thomas and Big Chief Dredging Company 's dredging project on Bryan Road Lake is in violation of any ordinances of the City of Dania still has not been answered . City Attorney Adler said that Assistant City Attorney Timothy Ryan is consulting with the Broward County Environmental Quality Control Board and his office will be issuing a further report on the noise matter. He said the Building Department should investigate and report on any possible violations of the city 's excavation and fill ordinance. -� City Manager Jewell said he would go over the ordinance paragraph by paragraph and have an answer to the question at the ,, .• next meeting. 12. 5 Mayor Byrd - no comment. The Commissioners extended Happy Birthday wishes to City Manager Jewell . j This Regular Commission Meeting was then adjourned. i 9J VIC MAYOR-COMMISSIONER CITY CLERK-AUDITOR f Regular Commission Meeting 5 March 8, 1988 I r u: i 1 !I AGENDA DANIA CITY COMMISSION I REGULAR MEETING MARCH 8, 1988 j 8: 00 P.M. INVOCATION PLEDGE OF ALLEGIANCE i ROLL CALL PRESENTATIONS 1. CONSENT AGENDA Minutes 1. 1 February 23, 1988, regular meeting Bills 1. 2 Approval of January bills paid Ordinances (First Reading only ) 1. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "STIRLING ROAD/HAWTHORNE PLAT" , SAME BEING: THAT PART OF THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST LYING WEST OF THE F.E.C. RAILROAD IN BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF SAID SECTION 34; THENCE NORTH 87 DEGREES 52 MINUTES 7 SECONDS EAST, ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34, A DISTANCE OF 1349. 45 FEET TO " 4 A POINT OF INTERSECTION WITH THE WEST LINE OF THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 34, THENCE NORTH 1 DEGREE 13 MINUTES 8 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 56. 15 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 1 DEGREE 13 MINUTES 8 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 623. 75 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 7 SECONDS EAST, A DISTANCE OF 286. 97 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE F.E.C. RAILWAY (AS DESCRIBED IN O.R. 3225, PG. 820 ) ; THENCE SOUTH 12 DEGREES 58 MINUTES 45 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 627. 14 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2814. 79 FEET, A RADIAL TO SAID POINT BEARS SOUTH 9 DEGREES, 57 MINUTES 56 SECONDS EAST; THENCE WESTERLY ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 2 DEGREES 43 MINUTES 58 SECONDS, AN ARC DISTANCE OF 134. 26 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATES, LYING AND BEING IN THE CITY OF DANIA, COUNTY OF BROWARD, STATE OF FLORIDA AND CONTAINING 2. 955 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "STIRLING ROAD/HAWTHORNE PLAT" ; 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; j AND PROVIDING FOR AN EFFECTIVE DATE. " (property located at 1975 Stirling Road) 1 OF 4 L� 1 J J i 1. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOT 6, BLOCK 1 OF "DOUGLAS HILL" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 45 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF R-2 TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, t FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS f 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. " (property located at 151 SW 18 Avenue) 1. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ARTICLE II, CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING SECTION 13-32 PROVIDING FOR CHARGES FOR MOWING OF PRIVATELY OWNED EMPTY LOTS THROUGHOUT THE CITY AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS 2. 1 "Drug Abuse Awareness Month" - March 1988 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Ordinances (second and final reading ) 4. 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 22, ARTICLE I , SECTION 22-5 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA BY ADDING SUBSECTION (2 ) ( i ) PROVIDING FOR LIMITATIONS ON THE INSTALLATION AND USES WITHIN STREET SWALE AREAS WITHIN THE CITY OF DANIA AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU- TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2.4 OF THE CODE OF ORDINANCES BY AMENDING THE EXISTING CIVIL SERVICE RULES IN THEIR ENTIRETY BY SETTING FORTH THE PRINCIPLES AND PROCEDURES THAT ARE TO BE FOLLOWED BY THE CITY OF DANIA IN ITS PERSONNEL PROGRAM; PROVIDING FOR EXCEPTIONS TO THE PERSONNEL COVERED BY CIVIL SERVICE ; PROVIDING FOR A CIVIL SERVICE BOARD; PROVIDING FOR A CLASSIFICATION AND COMPENSATION PLAN; PROVIDING FOR A SEPARATION AND DISCIPLINARY ACTION; PROVIDING FOR A GRIEVANCE PROCEDURE; PROVIDING FOR AN APPEAL PROCEDURE; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (continued from 2/23/88) 2 OF 4 5. SITE PLAN 'REQUESTS 5. 1 Petitioner/Owner - Joseph Berliner; property located at 1975 Stirling Road SP-15-88 - A site plan approval is requested for an industrial warehouse building . (P & Z Board recommends 5. 2 Petitioner/Owner - Harbour Towne Marina; property located at 801 NE 3 Street SP-16-88 - A site plan approval is requested for a bait shop. (P & Z Board recommends 6. EXPENDITURE REQUESTS 6. 1 Approval of expenditure for professional services rendered by Karon, Savikas & Horn regarding airport expansion. 7. SPECIAL REQUESTS 7. 1 Request by Jennie Versaci and Leo's Motel to wave replatting requirement for the vacation of an alley lying between 23 SE 4 Street and 333 South Federal Highway. 8. APPOINTMENTS 8. 1 Appointment of two members to the Code Enforcement Board. (the terms of Horace McCutcheon, businessman & William Sargent, sub-contractor are expired ) 8. 2 Appointment of four members to the Planning and Zoning Board. ( the terms of Sam Calandra (Comm. Bertino 's appointment) , Gloria Daly, (Comm. Hirsch 's appointment) , David Nuby, Sr. (Mayor Byrd 's appointment ) and Anita Serpe (Vice-Mayor Cook 's appointment ) expire in March ) w 9. DISCUSSION 9. 1 Discussion regarding status of Public Works Department. 9. 2 Discussion regarding "No Parking" signs along SW First Street and First Avenue. (continued from 2/23/88) 9. 3 Discussion regarding landscaping on new construction. Comm. Mc Elyea 9. 4 Discussion regarding irrigation meters for duplexes & triplexes . Comm. Mc Elyea 9. 5 Discussion regarding proposed ordinance on "Downtown Redevelopment" . Comm. Hirsch 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4: 00 p.m. the second (2nd ) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved , the citizen (s ) or party will be asked to address the City Commission during the meeting. 3 OF 4 I1 L� 1 Fill- ADMINISTRATIVE REPORTS ' 11. 1 City Manager 11 . 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner mi ssi over Bert 'ino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd -------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. w- f1 1 j 1 7 4 OF 4 1 . 12. r' > r � ' t J I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MARCH 8, 1988 8:00 P.M. 8. APPOINTMENTS f . 3 Appointment of Advisor Consultant to the Industrial Advisor I Board. (Mayor Chester Byrd ) y r i i u � 4