HomeMy WebLinkAboutNULL (327) A 71
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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
hFEBRUARY 27, 1990
INVOCATION BY REVEREND LEWIS
PLEDGE OF AILEGIANCE
ROLL CALL:
Present:
Mayor: Charles McElyea
Vice-Mayor: Bob Mikes
iCommissioners: Jean Cook
r Bobbie Grace
John Bertino
City Attorney: Frank Adler
City Manager: Robert F'latley
City Clerk: Wanda Mullikin
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PRESENTATIONS
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Phil Allen, Finance Director of Broward County, presented the
G.F.O.A. Certificate of Achievement for Excellence in Financial
as Reporting to the City and also presented the G.F.O.A. Award of
Financial Reporting Achievement to Marie Jabal.ee, Deputy City } -
Clerk/Finance Director for the City. qq�
City Manager Flatley commended Wanda Mullikin, City Clerk and s
Marie Jabalee, Deputy City Clerk/Finance Director for their
efforts in obtaining this award. 1
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Stanley Brooks, Delotte & Touche, presented a brief overview of
1 the City's financial position and audit that was conducted for
the fiscal year 1988-89.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to accept the 19'88-89 audit as prepared by
Touche Ross.
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yea
Commissioner Grace-yes
Commissioner Cook, as donor and on behalf of the City of Dania,
presented Certificate of Appreciations to Harry Lowry, President
of the Senior Citizen' s Club of Dania and also Carol Mc Elyea,
President of the Dania Women's Club for their efforts in helping
I the youth thru childrens recreational programs in Dania.
Commissioner Cook also recognized Mr. Paul De Maio, President of
the Friends of the Library for his efforts .
PULLED FROM THE CONSENT AGENDA
ITEMS 1.2, 1.4, 1.6 AND 1.7
1. CONSENT AGENDA
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Minutes
1 .1 Regular Meeting of February 13, 1990.
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Resolutions
1.3 City Attorney Adler read the title of the resolution I
amending its budget for the fiscal year 1989-90 by making line
item changes between departments.
1.5 City Attorney Adler read the title of the resolution
approving railroad reimbursement agreement between the State of
Florida Department of Transportation, CSX Transportation, Inc.
and t:_- City of Dania relating to Grade Crossing Traffic Control
Devices on Tigertail Road and authorizing the appropriate city
officials to execute said agreement.
Ordinances
1 .8 City Attorney Adler read the title of the ordinance amending
paragraph (b) of Section 6-33 of the Code of Ordinances of the
City to include residents who are parties to a motor vehicle
lease agreement for first reading.
A motion was made by Commissioner Bertino, seconded by
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Commissioner Cook to approve the consent agenda with the
exception of items 1 .2, 1 .4 , 1 .6 and 1 .7 .
The motion passed on the following roll call vote:
`. iw. Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes .M,_
Commissioner Grace-yes
PULLED FROM CONSENT AGENDA
Resolutions
1. .2 City Attorney Adler read the title of the resolution
approving agreement between the City and Broward County for
i installation of additional stop signs within the City of Dania
and authorizing the appropriate city officials to execute said
agreement.
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City Manager Flatley informed the Commission that this agreement
covers stop signs for the west side of the City at the
intersections of NW 3 Terrace and NW 8th Avenue, NW lot Street
and NW 10 Court, NW 2nd. Street and NW 10 Court, and SW lot
Street and SW 4th Avenue.
A motion was made by Vice Mayor Mikes, seconded by Commissioner
Bertino to adopt the resolution approving the agreement for the
installation of stop signs within the City of Dania and
authorizing the appropriate city officials to execute said
agreement .
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
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1 .4 City Attorney Adler read the title of the resolution I
authorizing the City Manager to complete arrangements with Family
} Bank of Hallandale for a loan in the amount of $24, 750.00 at the
interest rate of (6.95%) per annum to finance the purchase of one
(1) fifteen passenger van and one (1) four door passenger vehicle
and authorizing the appropriate city officials to execute all
documents necessary to close said loan transaction. I
City Manager Flatley explained that these vehicles will be
Purchased under state bid price.
REGULAR MEETING 2 FEBRUARY 27, 1990
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A motion was made by Vice Mayor Mikes, seconded by Commissioner .
j Grace to adopt this resolution to purchase one fifteen passenger
van and one four door car.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yea
Commissioner Grace-yes
1.6 City Attorney Adler read the title of the resolution
approving revised cooperation agreement between the Dania Housing
Authority and Dania and authorizing the appropriate city
officials to execute said agreement.
City Attorney Adler informed the Commission that this agreement
i was approved a long time ago relating to the Mizell Property with
j paragraphs 5b and 6a on page 3 removed. Paragraph 5b relates to
vacation of streets, roads and alleys within the project and 6a
relates to the substance of all interior streets, roads, alleys
1 and adjacent sidewalks within the project in connection with I
j platting. Mr. Adler explained that both of these items are being
taken care of in the plattin
g q process and that HUD requested both
paragraphs to be placed back in the agreement.
-'� Vice Mayor Mikes requested information on whether the City will ?
be receiving revenue from the Housing Authority to cover public
services on this development . _ w
William Winkelholz, Dania Housing Authority, informed the
Commission that the Housing Authority has been paying the yearly
real estate taxes but could not answer if the Housing Authority
wi.11 be paying for public services to the project.
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A motion was made by Vice Mayor Mikes, seconded by Commissioner i
Bertino to continue the adoption of this resolution to a workshop {
meeting and to continue to the next meeting until information
regarding the revenue potential of this project is obtained.
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The motion passed on the following roll call vote:
Commissioner Bertino-yea Vice-Mayor Mikes-yes
Commissioner Cook-no Mayor McElyea-yes
Commissioner Grace-no
3 .7 City Attorney Adler read the title of the resolution
approving amendment to lease agreement for fishing pier complex
between Dania and Donald V. Streeter regarding insurance
coverage.
City Manager F'latley informed the audience that the request by
Mr. Streeter to reduce the insurance coverage at the pier was
discussed at a workshop meeting February 20 along with the
overall condition of the pier and the City's plan for
rehabilitation. Mr. Flatley explained that the Commission agreed
to a reduction of insurance coverage from $1,000,000 to $500,000
to help cut cost for Mr. Streeter but that there were no other
revisions to the lease agreement.
d A motion was made by Vice Mayor Mikes, seconded by Commissioner
fi Grace to adopt this resolution.
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The motion passed on the following roll call vote:
Commissioner Bertino-yea Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
REGULAR MEETING 3 F'EBRUARY 27 , 3990
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City Manager Flatley informed the Commission that the sign has been
I posted, as requested by Mr. Streeter, at the entrance to the beach
area advertising free parking passes for those individuals fishing
i from the pier.
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I 2. PROCLAMATIONS - none K,
3. BIDS - none
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Building & Zoning
4 . 1 (A) City Attorney Adler read the title of the ordinance for
second reading rezoning Parcel 1: tract A less the South 295 feet
thereof, and less the North 192..74 feet thereof of the "Re-
Amended Plat of Hollywood Palms" , according to the plat thereof
recorded in Plat Book 36 at Page 46 of the Public Records of
Broward County, Florida, said lands situate, lying and being in
the City of Dania, Broward County, Florida, as amended; and
Parcel 2: the North 192.74 feet of Tract A of "Re-Amended Plat of
i Hollywood Palms" according to the plat thereof recorded in Plat
j Book 36 at Page 46 of the public records of Broward County,
Florida; said lands situate, lying and being in the City of j
Dania, Broward County, Florida, from present zoning to C-3 zoning
classification under the provisions of Ordinance No. 100 of the
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City of Dania.
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Will Allen, Growth Management Director, presented a brief
overview of this rezoning proposal and pointed out the location
on a Dania map of the property for the audience.
The petitioner, Ross Beckerman, Esq. , stepped forward to
represent the owner, Anara Investments, Inc. , for the property
located at 280 Bryan Road and explained the benefits that this
project will bring to Dania and the residents in the area.
j Mayor Mc El yea opened the y p public hearing. After hearing Al
Spies, President of the Oceanway Mobile Home Park, speak in favor j
y and no one speak in opposition, the Mayor closed the public
hearing. t
A motion was made by Commissioner Cook, seconded by Commissioner
Bertino to adopt the ordinance on second reading rezoning the
property located at 280 Bryan Road as requested by Anara
Investments, Inc.
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The motion passed on the following roll call vote:
Commissioner Bertino-yea Vice-Mayor Mikes-no
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
4.1 (B) City Attorney Adler read into the record a letter
prepared by Mr. Beckerman explaining the conditions surrounding
the Special. Exception to permit warehousing in a C- 3 zoning
district by Anara Investments as follows:
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A. With reference to the north 192.74 feet of Tract A
less the south 295 feet of the re-amended plat of
Hollywood Palms, according to plat thereof recorded in
d Plat Book 36, Page 46 of the Public Records of Broward
County, Florida (this includes the two northerly
buildings as set forth on the site plan submitted by
Petitioner, Anara Investments, Inc. , N.V. ) that said
property be designated City of Dania zoning designation
C-3 with the special exception use no. 3 as set forth
{ in the Use Regulations of the City of Dania, said use t
fJ being "warehousing" .
REGULAR MEETING 4 FEBRUARY 27 , 1990 . r
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B. The following special conditions to be attached to
this C-3 zoning designation with special exception use
for warehousing, to wit:
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1. The property shall not be used for t
manufacturing or fabricating.
2. The property shall not be used for an
i electrical contracting shop. F
i3. The property shall not be used for an 1
automobile paint and body shop.
4. No noxious, toxic, hazardous, or dangerous
materials shall be stored on the property.
5. The north 20 feet of said property shall
contain a landscape buffer as depicted on the landscape
plans previously submitted by this Petitioner as part
7 of site plan application 88-89.
C. The developer, Anara Investments, Inc. , N.V. shall
purchase, at its expense on or before the date that it
l applies for any building permit, on any of the property
being rezoned C-3 with special exception or, C-4, signs
that conform to the signs required to be erected by the
City of Dania as follows: pp'
I. One no-thru truck sign.
2- Two local traffic only signs. C
3. Two weight restriction signs to be erected on !each side of the bridge at N.W. .ist Street.
4. Such directional signs as shall be required
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by the City Commission to be placed on Federal Highway `
in such locations as deemed necessary by the City
Commission to direct all traffic from U.S. 1 to utilize
Stirling Road in accessing the site.
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5. No traffic in and to the
property
accessed on any road other than Bryan Road and lStirling
Road between the hours of 7:00
� p.m. and 7:00 a.m.
D. The balance of the property described as Tract A,
less the south 290 feet thereof and less the north
192.74 feet thereof of the re-amended plat of Hollywood
Palms, according to the plat thereof, recorded in Plat
Book 36, Page 46 of the Public Records of Broward
County, Florida to be zoned City of Dania zoning
category C-4.
Item C 5 was added as per Vice Mayor Mikes request in addition to
the items listed in Mr. Beckerman's letter.
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Mr. Beckerman stated that item C 5 would be included in the lease
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used for their customers.
S� Mayor Mc Elyea opened the public hearing on this item. After f
hearing no one speak in favor or opposition, the Mayor closed the
public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to approve the Special Exception to permit
warehousing in a C-3 zoning district with the conditions added as
read from Mr. Beckerman's letter dated January 18, 1990 and the
addition of item C5.
REGULAR MEETING 5 FEBRUARY 27, 1990 �--)
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-no
Commissioner Cook-yes Mayor McElyea-yea i
Commissioner Grace-yes
jAT THIS TIME, ITEM 5.1 ADDENDUM ITEM WAS HEARD.
4.2 (A) City Attorney Adler informed the Commission of a
variance request (VA-05-90) by Copeland Development Group,
Petitioner and Dania Housing Authority, Owner to allow the
construction of a multi -family complex as follows:
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Site A:
(a) 20' building separation provided (40 ' required)
(b) 20' street yard provided (25' required)
(c) 20 ' interior side yard provided (25' required)
Site B:
3 (a) 20' building separation provided (40' required) j
(b) 12' one-way driveway (20 ' required)
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Leonard Stol.ar, Esq. was present to represent the Petitioner,
Copeland Development Group and requested Will Allen to address
the Commission on this variance request.
Will Allen explained that Site A is north of Dania Beach
Boulevard and west of NW 7th Avenue for proposed 1.4 units and a f recreation building and that Site B is located between Dania
Beach Boulevard to the south and NW lst Street to the north and 1
east of NW 12th Avenue with 26 units proposed. Mr. Allen r
explained that the site plan for this project has been revised to
resolve all the variance requests as stated and that the only
variance request necessary relates to Items (a) under Site A and
B regarding the 20 ' building separation provided (40' required) .
Due to the landscaping plan for this project not being available
+ at this time, a motion was made by Commissioner Bertino, seconded
by Commissioner Cook to continue items 4.2 (A) VA-05-90 and 4.2
(B) SP-06-90 to a special meeting to be scheduled. #
The motion !passed on the following roll call vote: i
Commissioner Bertino-yes Vice-Mayor Mikes-yes $}
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
4 .2 (B) Site Plan approval (SP-06-90) continued to special
Meeting. !!i
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4 .3 City Attorney Adler informed the Commission of a variance
request (VA-07-90) by Gerald Smilen, Petitioner/Owner to allow
the construction of a screen enclosure with a 10' rear yard
setback (15' required) and a 6 ' side yard setback (7 ' required)
for property located at 314 SE 3 Place.
Mr. Gerald Smilen, Sr. , Petitioner and Mr. Cye Langill, Owner
stepped forward to request approval of construction of this
screen enclosure and explained their hardship.
Mayor Mc Elyea opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing. {
A motion was made by Commissioner Bertino, seconded by I
Commissioner Grace to grant variance (VA-07-90) requested by _J
Gerald Smilen for the property located at 314 BE 3 Place.
' REGULAR MEETING 4 '
6 @'EBRUARY 2'7, 1990
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The motion passed on the following roll call vote: a
Commissioner Bertino-yes Vice-Mayor Mikes-yes
f Commissioner Cook-abstained Mayor McElyea-yes
Commissioner Grace-yes
4.9 City Attorney Adler informed the Commission of a request to
vacate an alley by adoption of a resolution for property running
east and west between NE 1 Avenue and 1 Court by Mr. Joseph
Maggi.
Mayor Mc Elyea opened the public hearing. After hearing Mr. Hugo
Renda speak in opposition and no one speak in favor, the Mayor
closed the public hearing.
A motion was mada by Commissioner Bertino, seconded by
Commissioner Cook to adopt the resolution to vacate the alley as
requested by Joseph Maggi subject to a utility easement in favor
of the City of Dania in the event it is ever needed.
The motion passed on the following roll call vote:
Commissioner Berti.no-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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4.5 City Attorney Adler read the title of the ordinance
approving the plat of "Olsen Middle School Site" , same being: the
NE 1/4 of the SW 1/4 of the SE 1/4 of the NW 1/4 of the SE 1/4 of
the SE 1/4 of Section 3, Township 51 South, Range 42 East,
Broward County, Florida, less right-of-way for SE 2nd. Avenue;
said land situate, lying and being in the City of Dania, Broward
County, Florida, and containing 20.411 acres more or less; for
second reading.
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Note: Item 4.5- Plat name was changed to "School Site 0470"
s.oJ` Elizabeth Pulice, Pulice Land Surveyors, stepped forward to
explain that this plat approval is for the construction of a new
school and requested approval .
Mayor Mc Elyea opened the public hearing. After hearing John
Bruckner and Bulah Lair speak in opposition of the playground
location and no one speak in favor, the Mayor closed the public
hearing.
A motion was made by Vice Mayor Mikes, seconded by Commissioner
Grace to adopt this ordinance approving the plat of "Olsen Middle
I School Site" on second reading.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes j
Commissioner Cook-yes Mayor McElyea-yes
ij Commissioner Grace-yes
Administrative Ordinances
4 .6 City Attorney Adler read the title of the ordinance for
second reading entitled "Land Development" and creating Article 1
entitled "Generally" ; by creating Article 2 entitled "Consistency
and Concurrency Determination Standards" and Article 3 entitled
"Levels of Service" which provides regulations for the
determination of concurrency and consistency of any development 1
with the City of Dania and Broward County Comprehensive Plans.
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Mr. Larry Leeds, Growth Management Consultant, stepped forward to
explain that this is the third public hearing on Concurrency and
REGULAR MEETING 7 FEBRUARY 27, 1990
that two workshop meetings have been conducted relating to this
subject matter. Mr. Leeds stated that this Concurrency Ordinance
covers a state mandated procedure by which Dania ensures that new
development provides infrastructure concurrent with the impact of `
the development and also provides procedures for exemptions to
i the concurrency requirements consistent with state law and the
Broward County Charter. Mr. Leeds encouraged adoption of this
ordinance.
Mayor Mc Elyea opened the public hearing. After hearing two
residents speak in favor of this ordinance and no one speak in
opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook, seconded by Vice Mayor
Mikes to adopt this Concurrency Ordinance on second 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
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i 4.7 City Attorney Adler read the title of the ordinance adopting
an amendment to Chapter 28, Zoning Code, Section 4 .20, Schedule
of Use Regulations and Schedule of Lot, Yard and Bulk Regulations
for second reading.
Mr. Larry Leeds explained that this ordinance was prepared to
clarify the ambiguities in the Dania code by making language
changes and bring our zoning code up-to-date and consistent with
the Broward County and Dania Comprehensive Plans. Mr. Leeds
informed the Commission that this ordinance must be adopted along
with the Concurrency Ordinance to be transmitted to the State.
Mayor Mc Elyea opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
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A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to adopt this ordinance on second reading.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes I
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes i
5. SITE PILANS I
5.1 City Attorney Adler informed the Commission that Mr.
Beckerman requested the site plan approval for a warehouse
facility SP-88--89 to be heard at this time since it goes along
i with 4. 1 A and B. Mr. Adler explained that this site plan has
already been discussed with the Petitioner - Ross Beckerman;
Owner - Anara Investments, Inc. and inadvertently left off the
agenda.
Vice Mayor Mikes expressed opposition to hearing this item since
he was not prepared to address the issue and suggested
continuance.
The Commission agreed to include discussion of this site plan to
a Special Meeting that will be scheduled shortly and Commissioner
Cook publicly apologized to Mr. Beckerman for delay in hearing 1
this item.
6. EXPENDITURE REQUESTS - none
7. SPECIAL REQUESTS - none
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REGULAR MEETING 8 FEBRUARY 27, 1990
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8. APPOINTMENTS
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8. 1 Confirmation of Patricia Davis ' appointment to the Housing
Authority.
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{ City Attorney Adler reported that he spoke to the attorney for !
the Housing Authority and explained that the only thing pending
in reference to Patricia Davis and the Housing Authority is an
in-house investigation of a background check on Patricia Davis as
requested by HUD. Mr. Adler explained that Patricia Davis has
dropped her grievance lawsuit against the Housing Authority.
A motion was made by Commissioner Grace, seconded by Commissioner
Bertino to confirm the appointment of Patricia Davis to the
Housing Authority as previously appointed by Mayor Mc Elyea.
The motion passed on the following roll call vote:
Commissioner Bertino- yes Vice-Mayor Mikes-no
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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8. 2 Appointment of member to the Code Enforcement Board and
Unsafe Structures Board. (Richard Bettor submitted his F
resignation)
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to request that Mr. Richard Bettor reconsider
his resignation on the Code Enforcement Board.
The motion passed on the following roll call vote: I
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
=.nf' 9. DISCUSSION
9.1 Commissioner Cook requested consideration of a new ACLF
j zoning district and asked Attorney Kimberly Daise to address the
i Commission on her request for a 3.2 unit ACLF project.
Attorney Kimberly Daise explained that she has been before the
City Commission and Planning & Zoning Board on her request for a
12 unit ACLF project. Attorney Daise expressed her frustration
with the delay in obtaining the proper approvals confirming that
her project meets the property zoning requirements in order for f
her to proceed with HRS and the State to take action on
evaluating her building.
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City Attorney Adler informed the Commission that he has obtained
an ordinance from the City of Hallandale relating to ACLF
designations.
A motion was made by Commissioner Cook, to refer this item to the
City Manager, City Attorney, and the Growth Management Director
to ensure the paperwork is signed relating to approval of 6 units !
and to workshop the concept of 12 units for a new ACLF zoning
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district.
After discussion, the Commission decided that a motion is not
a necessary since approval of 6 units is already mandated by the
state and to direct the City Manager, City Attorney and Growth
Management Director to assist Ms. Daise in obtaining the J
necessary paperwork relating to 6 units.
J REGULAR MEETING 9 FEBRUARY 2'/, 1990
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9.2 City Manager Flatley reported that he attended the breakfast
meeting in Pembroke Pines regarding a proposed bill to establish
a regional wastewater authority. Mr. Flatley explained that the
outcome of the meeting was to hold off on discussing the proposed
bill until the City of Hollywood has resolved their pending
litigation with the cities.
9.3 City Attorney Adler read into the record a 'letter received
from Broward County Commissioner Grossman relating to her review
of the safety violation in the Glen-Lauren Plat. Mr. Adler
informed the Commission that the Traffic Engineering Department
believed that the traffic plan for Glen-Lauren was better than
the original plan and that he feels this plat cannot be
rescinded.
Commissioner Bertino withdrew reconsideration of the Glen-Lauren
Plat from this agenda.
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10. CITIZENS' COMMENTS
Albert Jones questioned if the site plan for the Housing
Authority proposed project will come back before the Planning and
Zoning Board.
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Mr. Adler informed Mr. Jones that the changes have been i
incorporated in the new site plan as requested by the Planning
and Zoning Board and that it is not necessary for the Planning
and Zoning Board to review this site plan again.
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11. ADMINISTRATIVE REPORTS
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11 .1 City Manager - no comment
11 .2 City Attorney
j City Attorney Adler reported that the Chateau DeVil.le condominium
project was originally financed by General Bank and was taken
over by the Federal government on November 19, 1989. Mr. Adler
j explained that Ron Margolis, the developer, has filed bankruptcy
proceedings thru his attorney, Bengie Sterling and that
purchasers for this project were told they could move into these
units before their closings took place.
Mr. Adler informed the Commission that these closings are being
handled thru the office of Mary DeRosa Realty and that it is
possible that some of the certificate of occupancies for this
project may have been given out by the title company handling the
closings prior to all fees being paid to the City. Mr. Adler
explained that he is looking into what the title company actually
did and is awaiting a call back from Attorney Bengie Sterling to
obtain further, information regarding this matter. Mr. Adler
stated that he would report back to the Commission at the next
regular meeting.
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12. COMMISSION COMMENTS
12 .1 Commissioner Bertino
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Commissioner Bertino expressed his concerns for a proposed f
incinerator at Port Everglades and suggested that Dania
representatives attend the public hearings at Port Everglades.
Commissioner Bertino requested reconsideration of the ACLF
approval on Sheridan Street that was approved with a 1 year
review condition be added to the next regular commission meeting
agenda.
REGULAR MEETING 30 FEBRUARY 27, 1990 c"
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Tom Patullo stepped forward to address the Commission in
relationship to the Glen-Lauren Plat safety violation and the
County's waiver of this safety violation.
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Harvey Matel, Esq. , representing Nancy Lynn Roe the co-personal
representative of the estate of Bob Graf , confirmed with the -
Commission that the building permit hold for the Glen-Lauren Plat
is now released.
Vincent Carroll stepped forward to inform the au
dience and
Commission that Mr. Elliott Auerhahn, Broward County Office of
Planning, is preparing a complete and further report on the Glen-
Lauren Plat and expects to present his findings to Commissioner
Grossman tomorrow.
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12.2 Commissioner Cook
Commissioner Cook reminded City Attorney Adler about preparing an
ordinance requesting notification of residents within 300 feet of
a plat to be approved.
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City Attorney Adler explained that he must check the county
i charter for this item before preparing this ordinance and expects
it to be ready for the next regular meeting.
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1A ± Commissioner Cook requested City Manager Flatley to check into
street lights for the academy on 12th street located behind Tile
International.
12.3 Commissioner Grace
Commissioner Grace informed the Commission and audience that
Collins Elementary will be having their "Career Day" on March 16
and that they have asked the City, BSO and citizens in Dania to
i participate.
Commissioner Grace expressed her appreciation to the City staff
for their assistance in completing her requests from the last
Commission Meeting.
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Commissioner Grace asked that the practice field used by the
Dania Red Birds be maintained. k
Commissioner Grace expressed appreciation to Mayor Mc Elyea on
his assistance in obtaining stop signs within Dania.
12.4 Vice Mayor Mikes
Vice Mayor Mikes requested that the Code Enforcement Report he -
received be more comprehensive.
Vice Mayor Mikes requesLed more information about P.I .L.O.T.
payments (PAYMENT IN LIEU OF TAXES) to the City regarding the HUD
project and to have this ready for the workshop meeting.
Vice Mayor Mikes asked City Manager Flatley to check into the
control of the pier parking stickers .
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Vice Mayor Mikes requested City Attorney Adler to obtain a copy
of a proposed ordinance by Harvey Rubin in Dade County in
relation to plat approvals.
Vice Mayor Mikes informed the Commission of a ground breaking at
the Greenbelt along Griffin Road.
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REGULAR MEETING 11 FEBRUARY 27, 1990
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12.5 Mayor Mc Elyeae
Mayor Mc Elyea requested a Special Meeting be scheduled to
j rediscuss the second supplement to the January 16, 1981 lease and
license agreement with the Aragon Group that was voted on January
23, 1990.
The Commission scheduled a Special Meeting for Wednesday,
February 28, 1990 at 7:30 p.m.
Mayor Mc Elyea informed the Commission that he will be leaving
for Russia from March 6 thru March 18 and that Vice Mayor Mikes
will be in the position of Mayor while he is away.
1 C.F. Hill stepped forward to complain about loud music in his
1 area and complained about the trash in Ivory McCutcheon's yard.
Commissioner Grace informed the Commission and audience that she
has spoken to Mr. McCutcheon about this problem and that he is
going to clean it up.
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This regular commission meeting was then adjourned. R
-R VICE-MAYOR-COMMISSIONER !
`ITY CI,ERK-AUDITOR
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REGULAR MEETING 32 FEBRUARY 27 , 1990
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t:
FORM SrMEMORANDUM OF VOTING CO LICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBIC OFFICERS
LASI NAME—FIRST NAME—MIDIILL NAME NAME .'aOARU,COUNCI COMMISS O7,AUTHORITY.OR COMMITTEE '
I MAILING ADDRESS IHE BOARD, COUNCIL.C'OMN ION, AU rHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNI 1 O
L,61IY . (0UN1'Y : OI HER IOCAt AGENCY
a CIT)' C'OUN'rl X.
1 NAM[OI' POLITI C'Al.SUBDIVISION: S
GC i
DATE O wH1C'II VOTE OCCURRED
NIY POSITION IS:
_ IC_"LECrIVE APPOINTIVE
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WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council,commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. j
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Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form i
before completing the reverse side and filing the form. y
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
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A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
-rt gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on J
which you are abstaining from Voting; and
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WITHIN 15 DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
j APPOINTED OFFICERS:
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j A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which i
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
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A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
jdisclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
3 made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
•{ You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, III
• A copy of the form should be provided immediately to the other members of the agency.
1! • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
II 1 1 I Uk YI MB InXA PACE I 1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature ol'your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
7 5� :
I, G-2-Z , hereby disclose that on
(a) A measure came or will come before my agency which (check one)
�/ inured to my special private gain; or
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_ inured to the special gain of by whom I am retained. i
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d (b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed Sig yre
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000.
CE FORM Pa 1086 PAGE 2
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 27, 1990
8:00 P.M.
INVOCATION
ROLL CALL
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PRESENTATIONS - G.F.O.A. Certificate of Achievement for Excellence in
Financial Reporting to the City presented by Phil Allen,
Finance Director of Broward County
G.F.O.A. Award of Financial Reporting Achievement to
Marie Jabalee, Finance Manager, presented by Phil Allen
Acceptance of the 1988-89 Audit presented by Touche Ross
1 . CONSENT AGENDA
Minutes
1 . 1 Regular meeting of February 13 , 1990
Resolutions
1 . 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT
BETWEEN THE CITY OF DANIA AND BROWARD COUNTY FOR INSTALLATION OF
ADDITIONAL STOP SIGNS WITHIN THE CITY OF DANIA; AND AUTHORIZING
1 THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE. "
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1 .3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET
FOR THE FISCAL YEAR 1989-90 BY MAKING LINE ITEM CHANGES BETWEEN
DEPARTMENTS; 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. " 6
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO COMPLETE THE ARRANGEMENTS WITH FAMILY BANK OF
HALLANDALE FOR A LOAN IN THE AMOUNT OF TWENTY FOUR THOUSAND SEVEN
HUNDRED FIFTY DOLLARS ( $24, 750.00 ) AT THE INTEREST RATE OF 6.95%
PER ANNUM TO FINANCE THE PURCHASE OF ONE ( 1 ) FIFTEEN PASSENGER VAN
AND ONE (1 ) FOUR DOOR PASSENGER VEHICLE; AND AUTHORIZING THE
APPROPRIATE CITY OFFICALS TO EXECUTE ALL DOCUMENTS NECESSARY TO
CLOSE SAID LOAN TRANSACTION; 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 .5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING RAILROAD
REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, CSX TRANSPORTATION, INC. AND THE CITY OF DANIA
RELATING TO GRADE CROSSING TRAFFIC CONTROL DEVICES ON TIGERTAIL
ROAD; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. "
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CONSENT AGENDA (continued) i
1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING REVISED V
COOPERATION AGREEMENT BETWEEN THE DANIA HOUSING AUTHORITY AND THE I
CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. "
1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT
TO LEASE AGREEMENT FOR FISHING PIER COMPLEX BETWEEN THE CITY OF
DANIA AND DONALD V. STREETER, REGARDING INSURANCE COVERAGE; AND
PROVIDING FOR AN EFFECTIVE DATE. "
Ordinances
1 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING PARAGRAPH
(b) OF SECTION 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA TO INCLUDE RESIDENTS WHO ARE PARTIES TO A MOTOR
VEHICLE LEASE AGREEMENT; 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 - none
3. BIDS - none
_ 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS
• Building s Zoning
4. 1 Petitioner - Ross Beckerman; Owner - Anara Investments, Inc. ;
property located at 280 Bryan Road
A) Public Hearing - RZ-87-89
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO-WIT: PARCEL 1 : TRACT A LESS THE SOUTH 295 FEET
THEREOF, AND LESS THE NORTH 192. 74 FEET THEREOF OF THE "RE-AMENDED
PLAT OF HOLLYWOOD PALMS" , ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 36 AT PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING TO C-4 ZONING CLASSI-
FICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF
DANIA, FLORIDA, AS AMENDED; AND PARCEL 2: THE NORTH 192. 74 FEET OF
TRACT A OF "RE-AMENDED PLAT OF HOLLYWOOD PALMS" , ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 36 AT PAGE 46 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND
BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT
ZONING TO C-3 'ZONING CLASSIFICATION UNDER THE PROVISIONS OF
ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; 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. "
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B) A special exception is requested to permit warehousing in a C-3
zoning district as described above.
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PUBLIC HEARINGS (continued)
4. 2 Petitioner - Copeland Development Group; Owner - Dania Housing
Authority; property locations : Site A - north side of Dania Beach j
Blvd. west of NW 7 Avenue; Site B - south side of NW 1 Street and !
NW 12 Avenue.
A) Public Hearing - VA-05-90 - The following variances are requested
to allow the construction of a multi-family complex:
Site A:
(a) 20 ' building separation provided (40 ' required)
(b ) 20 ' street yard provided (25 ' required )
(c) 20 ' interior side yard provided (25 ' required)
Site B:
(a) 20 ' building separation provided (40 ' required)
(b) 12 ' one-way driveway (20 ' required)
B) SP-06-90 - A site plan approval is requested for a multi-family
development consisting of two separate sites including 40 housing
units.
4. 3 Petitioner/Owner - Gerald Smilen; property located at 314 SE 3 P1 .
Public Hearing - VA-07-90 - A variance is requested to allow the
construction of a screen enclosure with a 10 ' rear yard setback
( 15 ' required) and a 6 ' side yard setback ( 7 ' required) . i
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4. 4 Petitioner/Owner - Joseph Maggi ; property runs east and west
between NE 1 Avenue and 1 Court
Public Hearing - VC-08-90 - Adoption of resolution is requested to
vacate an alley.
4. 5 Petitioner - Public Land Surveyors ; Owner - Broward County School
Board; property located at 1301 SE 2 Avenue
Public Hearing - PL-01-90
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"OLSEN MIDDLE SCHOOL SITE" , SAME BEING: THE NE 1/4 OF THE SW 1/4
OF THE SE 1/4 OF THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION
3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS
RIGHT-OF-WAY FOR SE 2ND AVENUE; SAID LAND SITUATE, LYING AND BEING
IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING
20.411 ACRES MORE OR LESS; 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. "
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Administrative Ordinances 4
4.6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, CREATING CHAPTER 29, }
CODE OF ORDINANCES ENTITLED "LAND DEVELOPMENT" AND CREATING ARTICLE
1 ENTITLED "GENERALLY" ; BY CREATING ARTICLE 2 ENTITLED "CONSISTENCY
AND CONCURRENCY DETERMINATION STANDARDS" AND ARTICLE 3 ENTITLED
"LEVELS OF SERVICE" WHICH PROVIDES REGULATIONS FOR THE DETERMINA-
TION OF CONCURRENCY AND CONSISTENCY OF ANY DEVELOPMENT WITH THE
CITY OF DANIA AND BROWARD COUNTY COMPREHENSIVE PLANS ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. "
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PUBLIC HEARINGS (continued) i
4.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING AN AMENDMENT j
TO CHAPTER 28, ZONING CODE, SECTION 4 . 20, SCHEDULE OF USE REGULA-
TIONS AND SCHEDULE OF LOT, YARD AND BULK REGULATIONS; AND PROVIDING S
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT t
OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
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5. SITE PLANS - none
6. EXPENDITURE REQUESTS - none
7. SPECIAL REQUESTS - none
8. APPOINTMENTS
8. 1 Confirmation of Patricia Davis ' appointment to the Housing
Authority.
8. 2 Appointment of member to the Code Enforcement Board and the Unsafe
Structures Board. (Richard Bettor submitted his resignation)
9. DISCUSSION
9. 1 Consideration of a new ACLF zoning district . (Commissioner Cook)
9. 2 Discussion of proposed bill to establish a regional wastewater ...
j authority.
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9.3 Reconsideration of the Glen-Lauren Plat. (Commissioner Bertino)
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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 1
remains unresolved, the citizen(s) or party will be asked to address the I
City Commission during the meeting .
11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager
11. 2 City Attorney
11 .2. 1 Status report on Chateau DeVille Condominium
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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
----------------------------------------------------------------------------
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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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 27, 1990
8:00 P.M.
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5. SITE PLANS
5. 1 Petitioner - Ross Beckerman; Owner - Anara Investments, Inc. ;
property located at 280 Bryan Road
SP-88-89 - A site plan approval is requested for a a warehouse
facility
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iA�, NICKI ENGLANDER GROSSMAN, Commissioner
q�� BOARD OF COUNTY COMMISSIONERS j
A a (305) 357-7006
0iWL t4
COUNVr io
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February 14, 1990
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Frank Adler, City Attorney
City of Dania
City Hall
I 100 West Dania Beach Boulevard
Dania, F1 33004
i Dear Frank:
! Thank you for your letter of February 2nd concerning the `
Glen-Lauren Homes Plat . I have reviewed the information with
Barbara Hall, Assistant County Attorney, and the county is
1 not aware that any safety standards have been violated.
After review of the reconfiguration within the Plat, the
county staff withdrew any objection to the traffic plan
and the Plat was approved in September of 1989 .
The Development Code allows the county to deviate from its
handbook standards if circumstances warrant the deviation.
In this particular instance, the Traffic Engineering Depart-
ment believed that the traffic plan in the Plat was better
than the original plan.
The County Attorney' s office is also unaware of any opportunity
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we might have to rescind a Plat that has already been
recorded.
I am forwarding a copy of this letter to Mr. Anthony Stevens
who has requested a similar review. Mr. Stevens indicates
that a number of homeowners in the area are opposed to the
platting. They may be misinformed as to what they call a
safety hazard in the area. Again, thank you for your
g inquiry and if there is further information you need please
feel free to contact me or Barbara Hall .
With best regards, I am,
Sincerely,
Nicki E. Grossman
NEG/ca
RROWARD COUNTY GOVERNMENTAL CENTER • 115 SOUTH ANDREWS AVENUE • FORT LAUDERDALE, FLORIDA 33301
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Frank Adler, County Attorney
City of Dania
Page Two
February 14 , 1990
cc:
Anthony Stevens , President
Dania Civic Association
Mayor C. K. McElyea
Vice Mayor Bob Mikes
Commissioner John M. Bertino
Commissioner Jean Cook
Commissioner Bobbie Grace
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