HomeMy WebLinkAboutNULL (286) x.d
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j MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 28, 1989
INVOCATION - Wanda Mullikin
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PLEDGE OF ALLEGIANCE
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ROLL CALL:
Present -
Mayor: Charles McElyea
Vice Mayor: Jean Cook
Commissioners : John Bertino
Howard Hirsch
Anthony Stevens
City Attorney: Frank Adler
City Manager: Robert Flatley
City Clerk : Wanda Mullikin
j PRESENTATIONS
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Dania District IX Commander Hernandez presented a check in the
amount of $13,200.00 received due to a forfeiture, to be
deposited in the City of Dania' s Law Enforcement Trust Fund.
Captain Hernandez reported a cooperative effort on the part of
the truck owners after meeting with B.S.O. on the Old Griffin
Rd. situation. Captain Hernandez also reported on waterway and
beach clean-up activities. j
* At this time, Citizens ' Comments Agenda ( item 10. 1 ) was addressed.
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1 . CONSENT AGENDA
Minutes
1. 1 November 3, 1988, workshop meeting
1.2 February 14, 1989, regular meeting
Resolutions
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1 .3 The title of a Resolution approving the pre-annexation agreement
:r..4 between the City of Dania and Sherrill & Sylvia Adams was read I
by City Attorney Adler.
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1.4 The title of a Resolution approving the pre-annexation agreement 1
between the City of Dania and James & Teena Annin was read by
City Attorney Adler.
1 . 5 The title of a Resolution approving the pre-annexation agreement
between the City of Dania and Carol Brown was read by City
Attorney Adler.
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1. 6 The title of a Resolution approving the pre-annexation agreement 4
between the City of Dania and Robert & Pauletta Pierce was read
by City Attorney Adler.
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i1.7 The title of a Resolution approving the pre-annexation agreement
between the City of Dania and Steve Tilbury was read by City
Attorney Adler.
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0 1 . 8 The title of a Resolution approving the pre-annexation agreement
! between the City of Dania and Boca Banana Boat, Inc. was read by
City Attorney Adler. '
Ordinances (first reading) j
1. 10 The title of an Ordinance amending Section 15-12 of Chapter 15
of the Code of Ordinances to increase the occupational license
fee for itinerant auction shops or auction stores from $375 per
week to $500 per day was read for first reading by City Attorney
Adler.
Regular Commission Meeting 1 February 28, 1989 i
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1.11 The title of an Ordinance amending Section 26-33, Article III , I
of Chapter 26 of the Code of Ordinances entitled "Site Plan
Review" was read for first reading by City Attorney Adler.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to approve the consent agenda with the exception of item 1. 9.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes j
j Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
1 . 9 Mayor McElyea pulled this item from the Consent Agenda for
purposes of discussion.
The title of a Resolution approving an amendment of contract
with Reuter Recycling of Florida, Inc. , granting a time
a extension of 150 days to satisfy the conditions enumerated in
Art. VIII , (d) and (e) of the original contract was read by City
Attorney Adler.
Charles Dodge , Assistant City Manager of Pembroke Pines, brought
the Commission up to date on the status of the Reuter Recycling
project, explained the reasons for Reuter Recycling 's request to
amend the contract, reported that the Cities of Pembroke Pines
and Pompano Beach have already approved this and the City of
Hallandale has it scheduled on its March 7th agenda, and
recommended approval by Dania 's City Commission, i
A motion was made by Commissioner Hirsch, seconded by Commissioner j
, . Stevens to adopt the resolution. The motion passed on the following
roll call vote:
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Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
2. PROCLAMATIONS - none
3. BIDS
City Manager Flatley asked the Commission to go on to the next item
t while awaiting the arrival of Mike Smith.
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*** (Addressed after agenda item 7. 2. )
3. 1 Recommendation regarding award of bids for the resurfacing of
five tennis courts.
Michael Smith reported the receipt of five bids for the
resurfacing of the Frost Park and Northside Park tennis courts
and Staff 's recommendation that the bid be awarded to the low
bidder, Fast Dry Corp. in the amount of $9, 608.00. Mr. Smith
reported that adequate project funding is available in the
combined operating budgets for Division 1511 (Frost Park ) and
1513 (Neighborhood Parks ) but that he will need Commission
approval to transfer $2, 000. 00 from Division 1513 to 1511 .
In response to questions from Commissioner Bertino regarding
transferring funds out of the Neighborhood Parks budget, Mr.
Smith stated that there will still be enough funds to continue
the projects anticipated for the Neighborhood Parks and that no )
projects will be put off because of this transfer to Frost Park.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor
Cook to accept the recommendation and award the bid to Fast Dry
Corp. in the amount of $9, 608.00 and to adopt a resolution
approving the transfer of $2,000. 00 from Division 1513 to 1511.
The motion passed on the following roll call vote: `
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
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Regular Commission Meeting 2 February 28, 1989
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**** (At this time agenda item 9. 5 was addressed. )
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Growth Management
t 4. 1 Petitioner: Rodney Sloan; Owner: Clarence Kenon; property
located at 1310-1340 West Dania Beach Blvd.
PUBLIC HEARING
VA-06-89 - following variances are requested to allow the
construction of a duplex:
(a) 4, 050 sq. ft. lot (6,000 required)
I (b) 45 ' frontage ( 50 ' required )
(c) 6 ' front yard setback (25 ' required )
(d) 6 ' rear yard setback (15 ' required) j
(e) back-out parking (prohibited )
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Mr. Sloan stepped forward to explain the need for variances to
enable the construction of a duplex on a lot that initially j
contained 6,000 sq. ft. but was reduced to 4, 050 sq. ft. after
1 required dedication of right-of-way. Mr. Sloan reported that j
{ the site plan was redesigned to eliminate the back-out parking
1 onto Dania Beach Blvd. as recommended by the P&Z Board.
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I Mayor McElyea opened the public hearing. Hearing no one speak
! in favor or opposition, the Mayor closed the public hearing.
On the advice of CityAttorney Adler to include all
y parts of the
request in one motion, Vice Mayor Cook made a motion to grant
all parts (a) , (b) , (c) , (d) and (e) of the variance request ( it
(VA-06-89 ) . Commissioner Stevens seconded the motion for
discussion. During discussion, it was noted that the property
has been in Mr. Kenon's family for 30 years, that he intends to
be a resident landlord, that notices were properly placed, and
that no complaints from neighbors were received. The motion
then passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
<. Commissioner Stevens-yes
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4. 2 Petitioner: Joe Pegg; Owner: Richard LaPointe; property located
at 1890 Griffin Rd.
PUBLIC HEARING -
VA-10-89 - variance request to allow the erection of a 136 sq.
ft. pole sign (50 sq. ft. maximum allowed)
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A representative of Ryan-Markland Signs, along with Joe Pegg,
explained the request for a double-faced illuminated pole sign
on the east side of I-95 for identification purposes of
I Adventure Boating and described the visibility hardship. The
P&Z Board recommended approval.
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Mayor McElyea opened the public hearing. Hearing no one speak I
in favor or opposition, the Mayor closed the public hearing .
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Expressing his feeling that he didn' t want to see any more
billboards than are already there, a motion was made by
Commissioner Bertino, seconded by Commissioner Stevens to deny j
the variance request (VA-10-89 ) . Attempting to reach a
compromise, Commissioner Hirsch commented on the importance of
signs and identification to a business, and Vice Mayor Cook
asked the petitioner if he couldn ' t make the sign a little
„ smaller. Mr. Pegg maintained that it is an attractive pole
sign, not a billboard, agreed that a smaller sign is better than
none at all, but that finding the access to his building is a
definite problem. Commissioner Hirsch brought out the point
that the area is primarily industrial . Commissioner Stevens I
commented on the lack on continuity, giving to some and not
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Regular Commission Meeting 3 February 28, 1989
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others. Vice Mayor Cook said areas included in annexation plans
need special attention. Commissioner Bertino commented that if
the 50 square foot signs present a problem, then the sign
ordinance should be changed. Noting another billboard variance
request on the agenda, Mayor McElyea suggested the Commission
table this item and look at the sign ordinance again.
jWithdrawing the motion to deny, Commissioner Bertino made a
motion to table. The motion was seconded by Commissioner
Hirsch. The Commission agreed on the need to revisit the sign
i ordinance. The motion to table passed unanimously.
4. 3 Petitioner: Juanita Austin, Irene Newton, Cheryl Baker &
Elizabeth Blackmon; Owner: City of Dania; property located at SW
7 Ave. to SW 8 Ave.
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PUBLIC HEARING -
VC-11-89 - adoption of resolution is requested to vacate a 12. 4 '
alley.
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A Resolution of the City of Dania vacating that certain 12. 4
foot wide alley beginning at the west right-of-way line of SW 7
Ave. and located between the eastern property line of Lots 6 and
7 of Henry Park Subdivision, and extending westward between Lots
13 and 16 of the George M. Phippen unrecorded subdivision to the
east right-of-way line of SW 8 Ave.
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Cheryl Baker, speaking for the owners of the property adjoining
the 12.4 ' alley that goes nowhere, explained the request for the
city to vacate that alley in order that they might fence in i
" R their property and make their homes more secure.
Mayor McElyea opened the public hearing. Hearing comments in °"_
favor, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor j
Cook to adopt the vacation resolution (VC-11-89 ) . The motion
passed on the following roll call vote:
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Commissioner Bertino-yes Vice Mayor Cook-yes i
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
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4. 4 Petitioner: Andrew Blasi , Esq. ; Owner: Golden Communications,
Inc. ; property located at 2580 SW 32 St.
PUBLIC HEARING -
VA-12-89 - variance request to allow the construction of a 14 ' x
48 ' billboard sign (approximate height 85' above ground, 35 '
above I-595 ramp) .
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City Attorney Adler explained that this is per a pre-annexation
agreement between the City and Golden Communications that was
entered into some months ago, whereby the City guaranteed the
granting of the same permits that would have been allowed if the
property stayed with the County.
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Mr. Blasi stepped forward to describe the features which
distinguish this sign variance request from that of agenda item
4. 2, pointing out that the property is the subject of a i
pre-annexation agreement and that the property has indeed been
annexed into the City of Dania.
Mayor McElyea opened the public hearing. Hugo Renda and Vincent
Carroll spoke in opposition and Andrew Blasi responded to those
concerns. C .E. Hill and Fay Palmer spoke in favor, Mr. Hill
commenting on the benefits of signs to travelers and Ms. Palmer
commenting on the importance of the city keeping its word as
promised in the pre-annexation contract. The Mayor then closed
the public hearing.
Regular Commission Meeting 4 February 28, 1989
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A motion was made by Commissioner Hirsch, seconded by Vice Mayor
7 Cook to grant the variance request (VA-12-89 ) . The motion
passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
j Commissioner Hirsch-yes Mayor McElyea-yes
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Commissioner Stevens-yes
! 4. 5 Petitioner: Dennis Robinson; Owner: Dania Church of God;
property located at 715 SW 7 Terrace
A) PUBLIC HEARING -
VA-13-89 - following variances requested to allow an addition to
a church:
a ) 21 parking spaces (33 spaces required)
b) 6 back-out parking spaces (prohibited)
Dennis Robinson stepped forward to explain the need for
] additional classrooms for the children.
Mayor McElyea opened the public hearing . Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
Consulted by Commissioner Bertino, Growth Management Director
Leeds reported that the back-out parking presents no problem
since this is a side street , not a major thoroughfare .
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A motion was made by Commissioner Bertino, seconded by Vice
Mayor Cook to grant parts (a) and (b) of the variance request
(VA-13-89 ) . The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
B) PUBLIC HEARING -
SE-14-89 - special exception request to allow an addition to a
church in a single family district.
Mayor McElyea opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
Questioned by Vice Mayor Cook, City Clerk Mullikin reported she
has received no correspondence in opposition.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to grant the special exception request (SE-14-89) . The
motion passed on the following roll call vote :
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
C ) SP-15-89 - site plan approval request for a church addition in a
single family district.
Mayor McElyea opened a public hearing. Hearing no one speak in
favor or opposition, the Mayor closed the public hearing.
Consulted by Vice Mayor Cook, Growth Management Director Leeds
reported no problem with the site plan and stated the petitioner
has indicated that many of the church members live in the area I
and walk to the church.
A motion was made by Commissioner Stevens, seconded by Vice
Mayor Cook to grant site plan approval (SP-15-89 ) . The motion
passed on the following roll call vote:
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� Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
Regular Commission Meeting 5 February 28, 1989
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I Administrative Ordinances (second & final reading)
j9 4. 6 The title of an Ordinance amending Section 1, Article 4, Part
XII, of the City Charter by adding a subparagraph (f) thereto to
provide that amendments, modifications, extensions and renewals
of a lease exceeding twenty (20 ) years must be approved by a
four-fifth vote of the members of the City Commission was read
for second and final reading by City Attorney Adler.
j 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 Vice Mayor Cook, seconded by Commissioner
Stevens to adopt the ordinance on second and final reading. The
motion passed on the following roll call vote:
Commissioner Bertino-out of room Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
5. SITE PLAN REQUESTS - none
6. EXPENDITURE REQUESTS - none
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7. SPECIAL REQUESTS
** (Addressed after agenda item 10. 1 . )
7. 1 Request by Archie J. Ryan III , Attorney, to execute Quit Claim
Deed.
Mr. Ryan, representing Ann E. Ray, the owner of Lot 12, Block 3,
Poinciana Park, requested execution of a quit claim deed to a 1 '
x 50 ' strip of property which lies east of the right-of-way of
NE 2nd Ave. He explained that the city had vacated that strip
of land by ordinance in 1953 , but this particular conveyance
document was never executed and delivered to Miss Ray.
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A motion was made by Commissioner Bertino, seconded by
Commissioner Hirsch to authorize execution of the quit claim
deed. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
_• Commissioner Stevens-yes
7. 2 Request approval of 15th Year Community Development Block Grant
Proposals.
Michael Smith, as Community Development Director, presented the
projects for the 89-90 Block Grant Program as endorsed by
citizens residing in the Community Development Block Grant
target area. He requested approval of the proposed projects to
be submitted for county review on March 17, 1989 in the
following prioritized order:
1 ) Continuation of Project IMPAC (home repair & replacement
program) . Funds requested: $375, 000.
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2) Acquisition of a parcel of property (abandoned foundry) at
j 1400 NW lst St. to provide new moderately priced single
family homesites, continuing concept of Byrd Pointe Project.
j Funds requested : cost estimate pending.
3 ) Mortgage Assistance Program (to assist Byrd Pointe Project
purchasers with mortgage closing costs ) . Funds requested:
$75,000. -
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A motion was made by Commissioner Stevens, seconded by 1
Commissioner Hirsch to approve submission of the proposals as p
presented. The motion passed on the following roll call vote: I
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Regular Commission Meeting 6 February 28, 1989
� Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
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Commissioner Stevens-yes
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{ *** (At this time, agenda item 3. 1 was addressed. )
8. APPOINTMENTS - none
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9. DISCUSSION
****** (Addressed after agenda item 9. 4. )
9. 1 Proposals from Computil to collect delinquent parking fines. j
Michael Smith, Personnel Director, explained that administration
of parking ticket processing was previously done by the Police
Department, but since the merger with B.S.O. the City has
assumed this responsibility. He reported $136, 000 in
outstanding parking tickets as of January, 1989.
Mr. Smith presented a proposal from Computil Corp. to collect
delinquent parking citation fines. He reported that, of the
collection agencies contacted by Mary Blasi, Computil is the
only one that has the capability of interacting with the Florida
Division of Motor Vehicles and out-of-state Motor Vehicle
Divisions to obtain tag information for collection follow-up.
Jeanne Gee of Computil elaborated on the firm's background and
terms of the service proposal, noting that the proposal states
37% fee, but they would be willing to do it for 35%.
Commissioner Bertino questioned B.S.O. Commander Hernandez about
the citation enforcement service B.S.O. provides.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to refer this matter to City Manager Flatley to see what
he could work out with B.S.O. on delinquent parking fine
enforcement and return a recommendation to the Commission. The
motion passed unanimously.
9. 2 Environmental Sensitive Lands Update.
Laurence Leeds , Growth Management Director, reported on the
status of the e.s.l . 's on the Broward County Environmental
Coalition 's list that was submitted to the County Commission,
including 300 acres of Dania. He said the Planning Council was
notified that the City did not have enough criteria to evaluate
its tax base impact and that the Planning Council recommended to
study the e.s.l. designation for a year. Mr. Leeds reported
arguments were presented to the County Commission that the
designated property is the most significant tax base in the City
and that the City feels those lands are adequately regulated
under existing Broward County E.Q.C .B. , U.S. Army Corps of
Engineers, and D. E.R. criteria. Based on that, the County
Commission deleted some of the lands resulting in a reduction of
the 300 acres originally designated to approximately 81 acres
now that still have the e.s.l . or l .a.p.c. designation. With j
regard to those 81 acres, Mr. Leeds said he is not too concerned
about the property that is platted but about 51 unplatted acres
may face development problems with respect to current D. E.R.
requirements. He said the e .s.l ./l .a.p.c. designation will
j probably add 6 months review time when the properties are
platted and D.E.R. may require on-site mitigation. Mr. Leeds
t reported that the County Commission Chairman has indicated
through her Planner that they feel they would not require
anything else beyond what is currently required by D.E.R.
Vice Mayor Cook, as Chairman of the Broward County Planning
Council, expressed pleasure with the turnout of property owners
and commended Mr. Leeds and City Attorney Adler on the progress
made. Her fellow Commissioners concurred.
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Regular Commission Meeting 7 February 28, 1989
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9.3 Comprehensive Plan Notification Procedure.
Growth Management Director Leeds reported the recent receipt of
the comprehensive plan comments from the State of Florida which
were forwarded to the City's consultants . He said when they
have finished dealing with the recommendations and comments of
the State, the plan will be brought back to the Commission for
final adoption by ordinance. Suggesting two public
earin
dates (March 28, 1989, and April11, 1989) , he asked hfor
direction regarding special notification procedures desired by
the Commission.
Mr. Leeds said meeting the legal requirement of one 1/4 page
newspaper ad costs $750 and asked if the Commission wanted to
advertise in one, two or three newspapers. He also estimated
the cost of sending post card notification to all 7200 addresses
in the city using a bulk mail sort company would be
approximately $1600. Noting that non-resident property owners
would not be notified under the post card bulk mailing
procedure, it was suggested that those addresses be gotten from
Mr. Markham's office.
j A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to approve notice by post card bulk mailing to all
residents. The motion passed unanimously.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to place one 1/4 page newspaper ad per legal requirement.
The motion passed unanimously.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor
Cook to approve additional notice to all property owners on the
tax rolls. The motion passed unanimously.
*"*** (Addressed after agenda item 9. 5. )
9. 4 Dania Beach Boulevard Bikepath Status. (Mayor McElyea)
City Manager Flatley reported on the status of F.D.O.T. Project
#9110775, the work program for construction of 4 ' paved
shoulders along the .84 mile segment of Dania Beach Blvd. from
s_ f Gulfstream Road to the Intracoastal Waterway Bridge. He said
F.D.O.T. had anticipated completion in June at an approximate
cost of $68, 000 but, due to a major mistake made by F.D.O.T.
about six weeks ago, they simply ran out of funds and all state
funded projects were put on the shelf until spring brings the
receipt of new transportation monies.
City Manager Flatley said he will be attending the public
hearing on the five year work program at the F.D.O.T. District
Office on March 9th, at 7: 30 to make sure that this project is
not lost in the work program.
Pros and cons of Commissioner Bertino's suggestion that the City
designate sidewalks as bicycle paths were discussed . City
Manager Flatley said he would check further into what areas it
might safely be done.
****** (At this time, agenda item 9. 1 was addressed. )
"*** (Addressed after agenda item 3.1 )
9. 5 Beach Parking Permit Rates. (Mayor McElyea )
At Mayor McElyea 's invitation, Bob Majors , on behalf of property
owners whose primary residences are out-of-state, stepped
forward to register a complaint about the City's policy of
requiring Florida State residency to obtain beach parking
stickers. He said they feel the policy is unjust because, as
non-state residents they are not entitled to the homestead
provision and consequently pay almost twice the amount of taxes
but are not afforded the privilege of receiving beach parking 4
permits as do state residents. He commented that this '
Regular Commission Meeting 8 February 28, 1989
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discrimination makes the 3 or 4 month residents feel unwelcome
and asked that the policy be reconsidered and that all Dania
taxpayers be provided the same privileges for parking at the
Beach for a set yearly fee.
City Manager Flatley reported, after meeting with a group from
Ronola Condominium, that a survey of the policies of other
cities is almost complete. He acknowledged that Mr. Majors had
a valid point and said Staff would reevaluate the beach parking
permit process and bring back a recommendation in the near
future. Mr. Majors was asked to leave his name and phone number
so Staff could meet with him.
***** (At this time , agenda item 9. 4 was addressed. )
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10. CITIZENS ' COMMENTS
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* (Addressed at beginning of meeting. )
10. 1 Request by Merle Wenneker from the Danians to address the
Commission regarding the fireworks store on Dania Beach Blvd.
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Mr. Wenneker, President of the Danians North Condo Inc. , read a
prepared statement protesting the fireworks warehouse on Dania
{ Beach Blvd. as a dangerous situation and holding Vice Mayor
Cook, Commissioner Bertino, Commissioner Hirsch and Commissioner
' Stevens responsible for approval of the project and calling for
their resignations.
:.� Maury Schockett claimed that the people who live within 300 ' of
the project did not receive proper notice and expressed his
belief that the vote was therefore illegal.
** (At this time, agenda item 7. 1 was addressed. )
11. ADMINISTRATIVE REPORTS
11. 1 City Manager Flatley - no comment.
11. 2 City Attorney Adler reported on his preparation of a special
warranty deed regarding property that was paid for by the County
to convey that property to the Dania Economic Development
Corporation.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor
Cook to authorize execution of the document by the proper
officials. The motion passed unanimously.
12. COMMISSION COMMENT
12. 1 Commissioner Bertino - no comment.
12. 2 Commissioner Hirsch - no comment.
12.3 Commissioner Stevens commented on the fireworks warehouse
protest.
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12. 4 Vice Mayor Cook - no comment.
12. 5 Mayor McElyea - no comment.
This Regular Commission Meeting was then adjourned .
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MAYOR-COMMISSION
I ITY CLERK-AUDITOR
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Regular Commission Meeting 9 February 28, 1989
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 28, 1989
8: 00 P.M.
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INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
I
PRESENTATIONS
1 . CONSENT AGENDA
Minutes
1. 1 November 3, 1988, workshop meeting
1. 2 February 14, 1989, regular meeting
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Resolutions
1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-
ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND SHERRILL &
! SYLVIA ADAMS ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
j RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
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1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-
` j ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND JAMES &
TEENA ANNIN ; 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 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-
ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND CAROL BROWN;
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. "
s•df 1. 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-
ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND ROBERT &
PAULETTA PIERCE; 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 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-
ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND STEVE
TILBURY ; 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, APPROVING THE PRE-
ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND BOCA BANANA
BOAT, INC. ; 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. "
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CONSENT AGENDA (cont 'd )
1. 9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN
AMENDMENT OF CONTRACT WITH REUTER RECYCLING OF FLORIDA, INC. ,
GRANTING A TIME EXTENSION OF 150 DAYS TO SATISFY THE CONDITIONS
ENUMERATED IN ARTICLE VIII , (d ) AND (e ) OF THE ORIGINAL
CONTRACT ; 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. "
Ordinances
1. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
15-12 OF CHAPTER 15, OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, TO INCREASE THE OCCUPATIONAL LICENSE FEE FOR
ITINERANT AUCTION SHOPS OR AUCTION STORES FROM $375 PER WEEK TO
$500 PER DAY ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
26-33, ARTICLE III, OF CHAPTER 26, OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA, FLORIDA, ENTITLED "SITE PLAN REVIEW" ; 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. 2. PROCLAMATIONS - none
3. BIDS
3. 1 Recommendation regarding award of bids for the resurfacing of
five tennis courts .
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Growth Management
4. 1 Petitioner - Rodney Sloan; Owner - Clarence Kenon; property
located at 1310-1340 West Dania Beach Boulevard
Public Hearing - VA-06-89 - The following variances are requested
_s. to allow the construction of a duplex:
a) 4, 050 sq. ft. lot (6, 000 required)
b) 45 ' frontage ( 50 ' required)
c) 6 ' front yard setback (25 ' required )
d ) 6 ' rear yard setback ( 15 ' required )
e) back-out parking (prohibited )
4. 2 Petitioner - Joe Pegg; Owner - Richard LaPointe; property located
at 1890 Griffin Road
Public Hearing - VA-10-89 - A variance is requested to allow the
erection of a 136 sq. ft. pole sign ( 50 sq. ft. maximum allowed)
4. 3 Petitioners - Juanita Austin; Irene Newton, Cheryl Baker and
Elizabeth Blackmon; Owner - City of Dania; property located at SW
7 Avenue to SW 8 Avenue
Public Hearing - VC-11-89 - Adoption of a resolution is requested
to vacate a 12.4 ' alley.
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PUBLIC HEARINGS (cont 'd)
4.4 Petitioner - Andrew Blasi , Esq. ; Owner - Golden Communications,
Inc. ; property located at 2580 SW 32nd Street
Public Hearing - VA-12-89 - A variance is requested to allow the
construction of a 14 ' x 48 ' billboard sign (approximate height 85 '
above ground, 35 ' above I-595 ramp. )
4. 5 Petitioner - Dennis Robinson; Owner - Dania Church of God ;
property located at 715 SW 7 Terrace
A) Public Hearing - VA-13-89 - The following variances are requested
to allow an addition to a church:
a) 21 parking spaces (33 spaces required )
b) 6 back-out parking spaces (prohibited )
B ) Public Hearing - SE-14-89 - A special exception is requested to
allow an addition to a church in a single family district.
C ) SP-15-89 - A site plan approval is requested for a church addition
in a single family district.
Administrative (final reading of ordinances )
4. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 1,
ARTICLE 4, PART XII , OF THE CITY CHARTER BY ADDING A SUB-PARA-
GRAPH (f ) THERETO TO PROVIDE THAT AMENDMENTS, MODIFICATIONS,
j EXTENSIONS AND RENEWALS OF A LEASE EXCEEDING TWENTY (20) YEARS
MUST BE APPROVED BY A FOUR-FIFTH VOTE OF THE MEMBERS OF THE CITY
COMMISSION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
A I ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING w-•
FOR AN EFFECTIVE DATE. "
5. SITE PLAN REQUESTS - none
6. EXPENDITURE REQUESTS - none
7. SPECIAL REQUESTS
7. 1 Request by Archie J. Ryan III , Attorney, to execute Quit Claim
Deed.
7. 2 Request approval of 15th Year Community Development Block Grant
Proposals.
8. APPOINTMENTS - none
9. DISCUSSION
9. 1 Proposals from Computil to collect delinquent parking fines
9. 2 Environmental Sensitive Lands Update
9. 3 Comprehensive Plan Notification Procedure
9. 4 Dania Beach Boulevard Bikepath Status (Mayor McElyea )
9. 5 Beach Parking Permit Rates (Mayor McElyea )
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10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties
j 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
j ( 4th) Monday of each month. Comments of any nature will be responded to
1 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.
11. ADMINISTRATIVE REPORTS
11. 1 City Manager
11. 2 City Attorney
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12. COMMISSION COMMENTS
12. 1 Commissioner Bertino
12. 2 Commissioner Hirsch
12. 3 Commissioner Stevens
12. 4 Vice Mayor Cook
12. 5 Mayor Mc Elyea
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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 TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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CITIZENS ' COMMENTS f
AGENDA
CITY OF DANIA
REGULAR MEETING
FEBRUARY 28, 1989
8:00 P.M.
1 . Request by Merle Wenneker from the Danians to address the
Commission regarding the fireworks store on Dania Beach
( Boulevard.
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