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HomeMy WebLinkAboutNULL (292) 77�, . j MINUTES DANIA CITY COMMISSION j REGULAR MEETING APRIL 25, 1989 F ; i INVOCATION - Commissioner Bobbie Grace PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners : John Bertino Jean Cook (arrived late) Bobbie Grace City Attorney: Frank Adler City Manager: Robert Flatley Deputy City Clerk : Marie Jabalee r PRESENTATIONS - Modello Park/B.S .O. PAL Summer Program y Mike Smith, Recreation Department Head, and Deputy Nate Brown, i B.S .O. Community Involvement, after meeting with Mardie fffl Holloway, Modello Park Coordinator, presented plans to implement a Police Athletic League program at Modello Park this summer. 1 . CONSENT AGENDA Minutes f 1 . 1 (This item was removed from the agenda due to the fact that preparation of the April 11, 1989, regular meeting minutes has not yet been completed . ) Resolutions 1. 2 The title of a Resolution urging the Broward County Board of County Commissioners to reduce the noise from the operation of Ft. Lauderdale/Hollywood International Airport to an acceptable level was read by City Attorney Adler. 1.3 The title of a Resolution approving the Agreement between Broward Employment and Training Administration and the City of i Dania was read by City Attorney Adler. . 1 .9 The title of a Resolution approving the Sixth Amendment to � Interlocal Agreement between Broward County and the City of Dania providing for division and distribution of local option gas tax proceeds was read by City Attorney Adler. 1 .8 The title of a Resolution approving the Agreement between Southern Bell Telephone Company and the City of Dania was read by City Attorney Adler. A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to approve the consent agenda with the exception of items 1 . 5, 1 . 6 and 1 . 7. The motion passed on the following roll call vote : 3 Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes 1 i PULLED FROM CONSENT AGENDA: i Resolutions 1 1 . 5 The title of a Resolution approving the Lease between the United States Coast Guard Auxiliary; Flotilla No. 39 and the City of i Dania was read by City Attorney Adler. Vice Mayor Mikes pulled this item from the Consent Agenda to hear a report by City Attorney Adler on the insurance provisions . Regarding the City's waiver of fees, Vice Mayor Mikes said he would attempt to locate a sponsor to help defray the City's cost. 5, Regular Commission Meeting 1 April 25, 1989 [% 3 :eylu:. r � f 4 , j I. (At this time, agenda item 7. 1 was addressed. ) A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt the resolution approving the lease j with the U.S . Coast Guard Auxiliary, Flotilla No. 39. The j motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes 1 . 6 The title of a Resolution approving the Agreement between Seacoast Sanitation Ltd . , Inc. and the City of Dania was read by City Attorney Adler. Vice Mayor Mikes pulled this item from the Consent Agenda to hear a recommendation by City Manager Flatley. City Manager Flatley, reporting the need to amend the term of the agreement from two years to two and one-half years, recommended approval . A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to adopt the resolution approving the agreement with the amendment reflecting a term of two and one-half years. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes 1 . 7 The title of a Resolution approving the Pre-annexation Agreement between the City of Dania and Golden Communications, Inc. was read by City Attorney Adler. (3091 SW 26 Terr. & 3101 SW 26 k Terr. ) Y This item was pulled from the Consent Agenda for purposes of i clarification. j City Attorney Adler explained that this Agreement contains a provision whereby , if Golden Communications , Inc. becomes part of Dania through voluntary annexation, the City Commission will agree to approve a billboard 14 ' x 48 ' , 672 sq. ft. , with a height of 35 ' above the I-595 roadway. He also reported that paragraph #3 is to be deleted from the Annexation Agreement. Andrew Blasi , Attorney representing the petitioner, that the property in question currently ssituated inplained i unincorporated Broward County and is zoned M-1 , which zoning in the County presently permits the billboard usage. j After discussion, a motion was made by Vice Mayor Mikes to adopt the resolution approving the Pre-annexation Agreement with Golden Communications, Inc. , subject to a five year renewal and subject to a site plan review of the landscaping. The motion was seconded by Commissioner Bertino for purposes of discussion. i t. After discussing the intent of the motion, the motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes 3 2. PROCLAMATIONS f 2 . 1 Mayor McElyea proclaimed May, 1989 as "Neurofibromatosis Month. " 1 3. BIDS - none ! 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner./Owner: Daniel Scaduto; prop. located at 711 SE 3 Ave . PUBLIC HEARING - Regular Commission Meeting 2 April 25, 1989 r' v21 j } VA-21-89 - variance request to allow the construction of a family room addition increasing lot coverage to 45% (maximum 40% lot coverage permitted) . Due to the absence of the petitioner, a motion was made by Commissioner Bertino, seconded by Commissioner Grace to continue the variance (VA-21-89 ) until the next regular meeting of May 9, 1989 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Mikes-yes i Commissioner Grace-yes Mayor McElyea-yes 4. 2 Petitioner/Owner: Howard Turnquest; prop. located at 519 NW 1 St. PUBLIC HEARING - VA-22-89 - variance request to allow the replacement of a living room while maintaining 2 ' street yard setback. Growth Management Director Leeds explained that the property's commercial zoning designation would permit the replacement of the existing wood frame structure, but the variance is requested because of the residential use . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to grant the variance (VA-22-89 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Mikes-no Commissioner Grace-yes Mayor McElyea-yes 4. 3 Petitioner Owner: Ivor McCutcheon;/ y prop . located at the NE corner of NW 7 Ave. and 2 St. - PUBLIC HEARING - VA-23-89 - variance request to allow the construction of a duplex on a lot zoned RD-6000 (duplex) with: a) 10 ' street yard setback (15 ' required ) ; b) 5600 square foot lot ( 6, 000 required ) . Ivory McCutcheon explained the variance request. 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 Grace, seconded by V Commissioner Bertino to grant the variance (VA-23-89 ) , parts a and b. After discussion of duplex versus single family homes, and the need to address the zoning code regarding duplex zoned parcels, the motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Mikes-no Commissioner Grace-yes Mayor McElyea-yes (At this time, Mayor McElyea noted the arrival of Commissioner Cook . ) Administrative ordinance (second and final reading ) 4. 4 The title of an Ordinance of the City of Dania amending its ! 1988-89 Sewer Fund Budget by making line item changes between departments was read for second and final reading by City f Attorney Adler. 1 Mayor McElyea opened the public hearing. Hearing no one speak i in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt the ordinance on second and final ` I 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 Regular Commission Meeting 3 April 25, 1989 J I l 5. SITE PLAN REQUESTS - none i 6. EXPENDITURE REQUESTS - none i 7. SPECIAL REQUESTS (Addressed in conjunction with agenda item 1 . 5 ) 1 7. 1 Approval requested of tentative program for U.S . Coast Guard Auxiliary Day on June 4 , 1989. The Commander of Flotilla No. 39 detailed the plans for the U.S. 3 Coast Guard Auxiliary Day program scheduled for June 4, 1989. i A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the tentative program. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Mikes-yes i Commissioner Grace-yes Mayor McElyea-yes i 8. APPOINTMENTS 8. 1 Appointments by Commissioner Cook and Vice Mayor Mikes to the Industrial Advisory Board . i The Commission unanimously approved Commissioner Cook 's appointment of Ronald Gatto to the Industrial Advisory Board. i i Vice Mayor Mikes postponed his appointment until the next regular meeting. 8. 2 Appointment of a Real Estate Appraiser to the Unsafe Structures Board. „ 4 Appointment of a Real Estate Appraiser was postponed until the next regular meeting. 8. 3 Appointment to Police & Fire Pension Board due to resignation of Donald Castles. i A motion was made by Commissioner Cook, seconded by Commissioner Bertino to appoint Tony Stevens to the Police and Fire Pension Board . The motion passed unanimously. 9. DISCUSSION ADDENDUM ITEM: 9. 1 Formulate a Dania City Commission/Unincorporated Area Annexation Statement to be presented to the Broward Legislative Delegation. City Manager Flatley reported the need to approve a combined Dania City Commission/Unincorporated Area Statement on the annexation question for presentation the next day to the Broward Legislative Delegation in Tallahassee. i { Reporting on the new Peat Marwick Airport Management Study which 1 suggests that the Airport may want to acquire and control additional land west of the Airport, City Manager Flatley said the decision regarding whether the County-purchased land would be retained by the County or returned to the tax rolls will not be made until that phase of the study is completed on October 11 1st. Noting that the pending annexation bill of 178 acres may be reduced by about 1/3 if the County decides to hold that land, he expressed his belief that what was promised as a compromise ilegislative package now appears to be less than a compromise. i City Manager Flatley suggested that part of the message to be } given to the Broward Legislative Delegation should be deferral of any action on the annexation question until the matter of the future use of the County-purchased property west of Ravenswood is resolved. Regular Commission Meeting 4 April 25, 1989 4 nr 7i After discussion, including input from Pat Lang, President of the Ravenswood Civic Association, Alex Buchsbaum, President of the Griffin Civic Association, Ronald Gatto, member of the Annexation Committee, and Clinton Hill , the Commission generally agreed to have City Attorney Adler convey the statement to the Broward Legislative Delegation that the Dania City Commission does not want the unincorporated area split up, wants residential and commercial to go as a package, and wants any annexation deferred for at least a year. 10. CITIZENS ' COMMENTS No verbal or written requests for Citizens ' Comments for this night ' s meeting were received. I 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Flatley reported two houses demolished under the newly reformed Unsafe Structures Board . City Manager Flatley announced plans to reschedule the Management By Objectives workshop due to the anticipated absence of those Commissioners going to Tallahassee this week. City Manager Flatley suggested a workshop to discuss the City's telephone system, beach parking rates , cemetery fees and opening times, and delinquent utility bill legislation of last year. The Commission workshop was scheduled for Wednesday, May 3, 1989, at 8: 00 p.m. M, 11 . 2 City Attorney Adler reported acceptance by Arcade Gaming II, Inc. of the terms of the one year lease at $500 per month. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment . i 12. 2 Commissioner Cook - no comment. 12. 3 Commissioner Grace conveyed the Modello Park area citizens ' expression of appreciation to the City Manager and City /. Commissioners for getting the park cleaned up. Commissioner Grace announced Memorial Services for the late Mayor Chester A. Byrd on April 29, 1989, at the Bethel Missionary Baptist Church at 9: 30 a.m. and asked all City Officials to attend. 12. 4 Vice Mayor Mikes asked City Attorney Adler to prepare an ordinance or resolution to increase the zoning, special exception and variance public notification distance requirement from 300 feet to 600 feet. i 12. 5 Mayor McElyea - no comment . This Regular Commission Meeting was then adjourned . i DA OR-COMM ISS rONER i C/ITC'CLERK-AUDITOR Regular Commission Meeting 5 April 25, 1989 17- AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 25, 1989 8:00 P.M. I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS - Modello Park/B.S.O. PAL Summer Program 1 . CONSENT AGENDA Minutes 1 . 1 April 11 , regular meeting Resolutions 1 . 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, TO REDUCE j THE NOISE FROM THE OPERATION OF FORT LAUDERDALE/HOLLYWOOD j INTERNATIONAL AIRPORT TO AN ACCEPTABLE LEVEL; PROVIDING FOR COPIES; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " _ 1 . 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD EMPLOYMENT AND TRAINING ADMINISTRA- TION AND THE CITY OF DANIA, AND AUTHORIZING THE APPROPRIATE s CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE SIXTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF LOCAL OPTION GAS TAX PROCEEDS; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LEASE BETWEEN THE UNITED STATES COAST GUARD AUXILIARY; FLOTILLA NO. 39 AND THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE ' CITY OFFICIALS TO EXECUTE SAID LEASE; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN SEACOAST SANITATION LTD. , INC. , A FLORIDA CORPORATION, AND THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " i i j 1 OF' 3 i J 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND GOLDEN COMMUNICATIONS, 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. " 1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN SOUTHERN BELL TELEPHONE COMPANY AND THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS 2 . 1 Proclaiming May 1989 as "Neurofibromatosis Month. " 3 . BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner/Owner - Daniel Scaduto; property located at 711 SE 3 Avenue Public Hearing - VA-21-89 - A variance is requested to allow the construction of a family room addition increasing lot coverage to 45% (maximum 40% lot coverage permitted ) . 4. 2 Petitioner/owner - Howard Turnquest ; property located at 519 NW 1 Street Public Hearing - VA-22-89 - A variance is requested to allow - i the replacement of a living room while maintaining 2 ' street yard setback. 4. 3 Petitioner/Owner - Ivory McCutcheon ; property located at the NE corner of NW 7 Avenue and 2 Street Public Hearing - VA-23-89 - The following variances are requested to allow the construction of a duplex on a lot zoned RD-6000 (duplex) : a) 10 ' street yard setback (15 ' required ) ; b) 5600 square foot lot (6, 000 required ) . Administrative Ordinances (second and final reading) 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY CHANGING THE SEWER FUND BUDGET BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; 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 5. SITE PLAN REQUESTS - none 6 . EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Approval requested of tentative program for U.S . Coast Guard Auxiliary Day on June 4, 1989. 2 OF 3 I ` 1� F7 8. APPOINTMENTS 8. 1 Appointments by Commissioner Cook & Vice Mayor Mikes to the i Industrial Advisory Board . 8. 2 Appointment of a Real Estate Appraiser to the Unsafe Structures Board. 8.3 Appointment to Police & Fire Pension Board due to resignation of Donald Castles. ' 9. DISCUSSION - none j 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. i 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11 . 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Cook 12. 3 Commissioner Grace 12. 4 Vice Mayor Mikes 12. 5 Mayor Mc Elyea ---------------------------------------------------------------------------- I 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. I ' I i 3 OF 3 I Yt Y ADDENDUM DANIA CITY COMMISSION { REGULAR MEETING APRIL 25, 1989 8:00 P.M. t 9. DISCUSSION 9 .1 Formulate a Dania City Commission/Unincorporated Area Annexation Statement to be presented to the Broward Legislative Delegation. , i 1 1 wT' :n+rtf 1 I I I i t FJrq gin, ; s ro1G r rvv 'y fq,�i k s c y T 2.