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Home My WebLink About31193 - MINUTES - City Commission ! I _ F MINUTES DANIA CITY COMMISSION REGULAR MEETING i MAY 22, 1990 INVOCATION BY PASTOR LEWIS PLEDGE OF ALLEGIANCE ROLL CALL: Present : Mayor: Charles McE'lyea Vice Mayor: Bob Mikes Commissioners : Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley II City Clerk: Wanda Mullikin i PRESENTATION BY MR. BROOK WAS HEARD AFTER ITEM 3.2 PRESENTATIONS I i Mr. Brook stepped forward to express his dissatisfaction with what he felt was lack of maintenance and beautification in the City. AT THIS TIME, 4 . 1 WAS HEARD i 1 PULLED FROM CONSENT AGENDA ITEMS 1.4 AND 1. 5 1. CONSENT AGENDA Minutes 1 . 1 May 1 , 1990 workshop meeting 1 . 2 May 8, 1990 regular meeting Bills 1 . 3 March, 1990 Ordinances (First Reading) 1. 6 City Attorney Adler read the title of the ordinance annexing to the City of Dania certain properties described as the South 231 . 4 feet of Lot 3, Block 4 , of Section 32, Township 50 South, Range 42 East, Reed Land Company Subdivision, Plat Book 2, Page 32, of the Public Records of Dade County, Florida; said land situate, lying and being in Broward County, Florida; less that portion deeded to Broward County, Florida , for road right-of-way purposes, as set forth i in those certain deeds recorded in official records book 7345, at Page 628 and official records book 7572, at page 710, both of the public records of Broward County, Florida; together with any interest of petitioners/owners in adjacent public right-of-way; providing for filing of copies; and providing for an effective date. 1 .7 City Attorney Adler read the title of the ordinance for first reading annexing to the City of Dania certain properties described as the west 309 feet of the north 172. 50 feet of Tract 2, Block 4 , Section REGULAR MEETING 1 MAY 22, 1990 4 t 4 4 4 �� ! 7iSA r . i i j 32 , Township 50 South, Range 42 East, as recorded in Plat Book 2, Page 32 of the public records of Dade County, Florida; said land now located in Broward j County, Florida and containing 53 , 302 square feet (1 .22364 acres) ; together with Tract 2 less the North 172. 50 feet and less South 330 feet thereof, Block 4, Section 32, Township 50 South, Range 42 East, as recorded in Plat Book 2, Page 32, of the public records of Dade County, Florida, said land now located in Broward County, Florida and containing 101 , 592 square feet (2. 33223 acres) , less that portion for road right- of-way described in official record book 5679, Page 892, public records of Broward County, Florida; together with the North 172. 50 feet less the west j 309. 00 feet thereof of Tract 2, Block 4 , Section 32, Township 50 South, Range 42 East, as recorded in Plat Book. 2, Page 32 of the public records of Dade County, Florida, less that portion for road right-of-way described in official record book 5679, page 892, public records of Broward County, Florida; said land now located in Broward County, Florida and containing 52, 602 square feet (1 .2076 acres) ; now known as Parcel j "A" of A.C .R. Plat , according to the plat thereof, i recorded in Plat Book 118 , at Page 46 , of the public f i records of Broward County, Florida; together with any interest of Petitioners/Owners in adjacent public right-of-way; and providing for filing of copies; and Y providing for an effective date. r A motion was made by Commissioner Bertino, seconded by j Commissioner Grace to approve the Consent Agenda with the exception of items 1. 4 and 1 . 5. 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 j AT THIS TIME, ITEMS 1.4 AND 1.5 WERE HEARD i Resolution 1 . 4 City Attorney Adler read the title of a resolution approving letter proposal to City of Dania from Berry & Calvin, Inc. , Civil Engineers, for performance of drainage study for the Southeast area of the City; providing for method of payment; and providing for an effective date. City Manager Flatley responded to Vice Mayor Mikes ' tt concerns by stating that Berry & Calvin will produce a t schematic drawing of the area being studied in addition ! to the Comprehensive Report and that the cost for this study will come from the local option gas tax. i A motion was made by Vice Mayor Mikes, seconded by Commissioner Grace to adopt the resolution approving the drainage study for the Southeast area of the City at a cost of $18, 000 . 00. 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 AT THIS TIME, ITEM 3.1 WAS HEARD j w REGULAR MEETING 2 MAY 22, 1990 n x � � 5 +."..yp4yyYwxa+'•L1tJ,c2ate4.xrt&Aei.��Y.z a ..C;p'as,..a .:.' .. ,...,. ._._- _... _.......,.. ._ -._...�.•..:.wa 1 �a- ' .ti v ' Y , F l 1 . 5 City Attorney Adler read the title of the ordinance for first reading amending Chapter 14 of the Code of Ordinances by repealing the existing Chapter 14 and adopting a new Chapter 14 entitled, "Junked and Abandoned Vehicles" ; and providing definitions; providing for responsibility for removal; providing for abatement; providing for removal ; providing for notice of violation; providing for hearings; providing for hearing officer; providing for disposal ; 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. Commissioner Cook requested this ordinance be removed j from the agenda until further review of the ordinance can be conducted with staff members . A motion was made by Commissioner Cook, seconded by Commissioner Grace to continue first reading of this ordinance for no time certain until a workshop meeting i can be scheduled to review this ordinance further. City Manager Flatley informed the Commission that he would get back to them on a date for a workshop meeting. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes jcommissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes I AT THIS TIME, 3.2 WAS HEARD I I 2. FROCLAMATIONS- NONE 3. BIDS Ji 3 .1 City Attorney Adler informed the Commission that ` it was 8: 15 p.m. and requested receipt of bids for (4) four surplus vehicles Mayor McElyea asked if there were any more bids to be received for these vehicles. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to close receipt of bids and to open all bids received. t The motion passed on the following roll call vote : or Mikes-yes Commissioner Bertino-yes Vice-Mayor Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes City Manager Flatley opened one bid received from Kurt Ely who bid $1 , 000 for all 4 vehicles or $800 for the 1971 Chevrolet Truck Model C50. i A motion was made by Commissioner Bertino, seconded by Commissioner Grace to refer the bid received over to the City Manager for tabulation and recommendation for the next regular commission meeting of June 12, 1990 . +u REGULAR MEETING 3 ' 1990 MAY ..... 22 k i The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes ' Commissioner Grace-yes i j AT THIS TIME ITEM 1.5 WAS HEARD 3 .2 City Attorney Adler advised the Commission of a recommendation to award contract for construction of sidewalks at Modello Park under the Community Development Block Grant program. Mike Smith, Personnel Director, explained that bids for this project had been advertised in December, 1989 and again in April. , 1990 but no bids have been obtained. Mr. Smith explained that the City received permission from the Community Development Division to solicit bids directly from qualified contractors. i Mr. Smith informed the Commission that one bid has been received from R.V. Sloan Construction and that they bid $10, 000 over the budgeted amount with the Community Block Grant Program. Mr. Smith informed the Commission that he has met with '- Don Windham, Berry & Calvin, who assisted him in making some adjustments to the specifications for the project rM to tie in some of the existing sidewalks with the new sidewalks at a lower cost. Mr. Smith recommended to award the bid to R.V. Sloan Construction who will complete the project at a cost just under the budgeted amount for the grant. Mr. Smith explained that this j project must be completed by the end of June in order to meet the contract deadline to receive the Community E Block Grant funds. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to award the bid for completion of the Sidewalk Project - Modello Park XIV Year Block Grant at the modified specifications to R.V. Sloan Construction at a cost of $23,746. 96. The motion passed on the following roll call vote: ! Commissioner Bertino-yes Vice-Mayor Mikes-yes t Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes AT THIS TIME, MAYOR MCELYEA ALLOWED MR. BILL BROOK TO BE HEARD UNDER PRESENTATIONS. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4 . 1 City Attorney Adler advised the Commission of a continued public hearing on an ordinance rezoning lots 9 , 10 , 11 and 12, Block 3 "Amended Plat of Woodhaven- Hollywood, Fla" as requested by Ronald Spencer, Agent for District 2 MEBA. Robert Sugarman, Attorney for the School of Marine �. Engineering and Navigation, explained the on going problem with the location of their dumpster as the school is located in an RD6000 residential zone and the IG rezoning is requested in order to leave the dumpster in the alley on the site. Mr. Sugarman informed they, Commission that MEBA has spent over $4 , 000 to construct REGULAR MEETING 4 MAY 22, 1990 14i 1 a concrete facility to house this dumpster in the alley in order to meet Code Enforcement requirements. Mr. Sugarman explained that Code Enforcement required them e to move the dumpster three times issuing them permits each time and that they were then sited for violating f Code Enforcement requirements for operating a trash f j transfer station. Mr. Sugarman requested the Commission approve the rezoning request as they have attempted to meet Code Enforcement requirements to no avail . Mayor McEl ea opened the Y Y P public hearing. Mr. Mark f Swenor, 3200 Stirling Road, stepped forward to request approval of this rezoning request for MEBA. Several residents in the area spoke in opposition to this rezoning request due to non-compliance with the Comprehensive Plan, the rezoning downgrading the area and expressed other alternatives for the location of this dumpster. Mayor McElyea closed the public hearing and opened to the Commission for possible action. Will Allen, Growth Management Director, expressed his appreciation to the petitioner for his cooperation in f this matter. Mr. Allen stated that the rezoning request is actually out of order as an amendment to the Land Use Plan should have been requested first. Mr. Allen recommended denial of this rezoning request as he felt this action would be too drastic of a change for I this residentially zoned area and that the amendment to the Land Use Plan would most likely not be possible. Commissioner Grace proposed to leave the dumpster on f the Thunderbird Motel property and require MEBA to enclose the dumpster on all 9 sides with a locked gate in the front with proper landscaping to resolve this issue. Commissioner Grace felt that the City should require all dumpsters in the City to be enclosed like a- this to enhance the affected locations. C Ronald Spencer, Agent for District 2 MEBA, stepped forward to explain the financial efforts that have been made by the school to upgrade this area and reminded the Commission of their efforts to cooperate with Code Enforcement. s The Commission generally agreed that the City is partially responsible for this problem for putting MEBA thru the cost and inconvenience in moving the dumpster three times and for placing this rezoning request on the agenda when an amendment to the Land Use Plan is required. A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to deny second reading of the ordinance rezoning Lots 9, 10, 11 and 12 , Block 3 "Amended Plat of Woodhaven-Hollywood, Fla" as presented by MEBA on the basis that the rezoning request is out of order. t I 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 s REGULAR MEETING 5 MAY 22, 1990 e'+` i I x f ( The Commission generally agreed to direct City Manager j Flatley and City Attorney Adler to meet with Mr. Spencer and Mr. Sugarman in an attempt to resolve this dumpster location problem and to schedule a workshop meeting with the Commission, if need be, to conclude this issue. 4 .2 City Attorney Adler informed the Commission of a variance request (VA-16-90) by Management Research and Sales, Inc. to allow construction of a sign 672 sq. ft. in area (100 sq. ft. permitted) and 65 ' high (12 ' height permitted) . Mr. Bob Reddman from Management Research and Sales, representing Uniweld Products, Inc. , requested continuance of this variance request for 60 to 90 days until the final ramp configuration for the I-595 and I- 95 are finalized as this may cause a revision in the height request for the sign. Mr. Reddman stated that Uniweld would pay for any additional advertising costs if the continuance creates an inconvenience for the city. ff � A motion was made by Commissioner Bertino, seconded by Commissioner Grace to continue Variance (VA-16-90) requested by Management Research and Sales , Inc. until _ I September 11 , 1990 regular meeting. 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 4.3 (A) City Attorney Adler informed the Commission of a two part variance and site plan request by La Quinta Motor Inn for the property located at 2019 Griffin Road. j Marcia Beach, Attorney for La Quinta Motor Inns , stepped forward to explain the clear zone requirements placed upon them by the Broward County Aviation Department which has caused them to shift the position f and size of their hotel and restaurant. Marcia Beach, presented and reviewed the site plan showing a 6 story hotel building instead of a five story and showing the restaurant as standing alone at the corner of the property in order to meet the 50-1 j clear zone requirement by the Aviation Division. Ms. Beach stated that adjustments have been made to the parking and loading spaces and the building has been j increased to 61 ' . j Mayor McElyea opened the public hearing. Hearing no one speak in opposition and Faye Bartelmes Palmer and Irving Warman speak in favor, the Mayor closed the public hearing. i Commissioner Cook commended La Quinta Motor Inn for their efforts to work with the County to meet their requirements prior to coming to the city. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to approve variance request (VA- 22-90) 4.3 (A) a and b. 4 y l REGULAR MEETING 6 MAY 22, 1990 � CG Ji 71 ! Will Allen, Growth Management Director, explained that the Planning and Zoning Board has reviewed this variance to ensure all requirements have been met and that they recommended approval. 1 i 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 i A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to approve 4 . 3 (A) c with a 12 month limit on the variance and if the permits are not pulled within this time, the variance expires. I 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 i 4. 3 (B) Mayor McElyea opened the public hearing on site plan (SP-23-90) as requested by La Quinta Motor Inn for a 206 room hotel and restaurant. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i Vice Mayor Mikes commended La Quinta for the additional landscaping added to this site plan. A motion was made by Vice Mayor Mikes , seconded by j Commissioner Grace to approve the site plan (SP-23-90) y as requested by La Quinta Motor Inn for a 206 room hotel and restaurant. 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 i 4 . 4 City Attorney Adler informed the Commission of a variance request (VA-25-90) to allow the construction of a sign 485 sq. ft. in area (50 sq. ft. permitted) and 58 ' in height (40 ' permitted) as requested by Marco Manzie, Agent for the Sheraton Design Center Hotel; E property located at 1825 Griffin Road. ) Phil Durry, representing Sheraton Design Center Hotel , stepped forward to explain that with the completion of I I-95 their sign has been diminished in visibility from the highway. Mr. Durry requested the sign be raised 18 ' more and also to add an additional 245 sq. ft . of signage on the same pole. C Mayor McElyea opened the public hearing. David Gardener, Vice President of the Design Center of the Americas, stepped forward to express opposition to the construction of this sign. Hearing no one speak in 1 favor, the Mayor closed the public hearing. j After lengthy discussion, Vice Mayor Mikes made a motion, seconded by Commissioner Cook to continue this variance request by Sheraton Design Center Hotel for the construction of a sign to the June 26, 1990 regular meeting in order for Sheraton Design Center Hotel and i r DCOTA representatives to work out a resolution to this request. 1 REGULAR MEETING 7 MAY 22, 1990 � � . _._ ._.-�........,.:......ncwr 4 i'u.,.,f e, .ten,.e.:........ . ..... ... . ,.. ...: .. .. ., ., •4�0.K.. J I tL j I The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-no Commissioner Grace-no 4. 5 City Attorney Adler advised the Commission of a variance request (VA-27-90) by Daniel and Mary Sitkowski to allow the construction of structure with a 9 ' rear yard setback (15 ' required) for property located at 240 SE 8 Street. Mary Sitkowski stepped forward to request approval of this variance request to build a covered screen enclosure on an existing concrete pad and clarified that the rear yard setback is 10. 5' not 9 ' as stated on the agenda. i I Mayor McElyea opened the public hearing. Hearing no one speak in opposition and Al Spies speak in favor, the Mayor closed the public hearing. Will Allen, Growth Management Director, informed the Commission that the Planning & Zoning Board recommended f approval . 1 A motion was made by Commissioner Bertino, seconded by Commissioner Gracie to grant variance (VA-27-90) as requested by Daniel and Mary Sitkowski to allow the construction of a i screen enclosure with a 10. 5 ' rear yard setback. 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 4.6 City Attorney Adler informed the Commission of a variance (VA-28-90) request by Willie and Rutha Funchess to allow construction of structure with insufficient square footage of 5000 (6000 required) . Willie Funchess stepped forward to explain that he is building a 4 bedroom 3 bath single family home on an interior lot located on the west side of NW 14 Court between Dania Beach Boulevard and NW 1 Street. j Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 1 A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve the variance (VA-28-90) request by Willie and Rutha Funchess. 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 r ;I: k•: REGULAR MEETING 8 MAY 22, 1990 +° .` :: • . "—.....A,,,w�,e�3.;sm+s +,r 44s.n,.;u;. _ ... .. ..., .,,.. .... ......_.............u.,'�+r,,p,• ,�� `xc ' T� i i p 4 .7 City Attorney Adler informed the Commission of a request by John Bartley and the Estate of Robert Graf to y; vacate a dedicated alley for property located between SE 5 € Street and 7 Street on the west end of the Glen Lauren Plat. Mr. Adler advised the Commission that if they adopt the resolution vacating this alley, the approval will have to be j subject to easements needed for a hammerhead at the end of 6th Street , two cross utility easements and that the alley (t property will be divided equally between the people on the east and west of the alley. i Paul Goldstein, representing the petitioner and owner, stepped forward to explain this request. Mayor McElyea opened the public hearing. Several residents in the area spoke in favor of the vacation of the alley. Discussion continued regarding the proposed landscaping and purpose that will be served with the construction of the hammerhead. After Vincent Carroll spoke in opposition, the Mayor closed the public hearing. i I Commissioner Cook clarified that with the adoption of this resolution, Mr. Goldstein has agreed to vacate the alley, f include a hammerhead and construct a 69' PVC fence with the j understanding that it will be subject to all utility easements. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to adopt the resolution (VC-31-90) vacating the alley excluding that portion to be used for the hammerhead subject to utility easements and the builder will erect a 6 ' high 69 ' long PVC fence on the eastern border of f the hammerhead on the publicly owned property. 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 City Attorney Adler stated that the resolution will be amended to include the stipulations mentioned in the motion. i Administrative Ordinances (second and final reading) 4 . 8 City Attorney Adler read the title of the ordinance for second reading amending Section 26-38 (a) (b) , Article III, Chapter 26 of the Code of Ordinances to increase the minimum height of trees installed within the City from eight feet high to twelve feet high. Vice Mayor Mikes requested a 6 ' spread requirement be added i to 12 ' trees. i , A motion was made by Vice Mayor Mikes , seconded by Commissioner Cook to amend the ordinance to include a 6 ' spread on 12' trees. The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice-Mayor Mikes-yes I1 Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes A motion was made by Commissioner Cook, seconded by Vice Mayor Mikes to adopt the ordinance as amended on second and final reading. ?�f a REGULAR MEETING 9 MAY 22, 1990 1 r ji L F-u, 1 Mayor McElyea opened the 1 amended. Hearing no one speak cinefavor or Oaring on pposition, ordinance as Mayor closed the public hearing. PPosition, the i The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes i Commissioner Grace-yes i I 5. SITE PLANS 5. 1 City Attorney Adler informed the Commission of a site plan (SP-33-90) approval request by Jerry Gross for a building addition at 45 South Federal Highway. Attorney Bill Laystrom, representing the owner of the property, explained the proposed 3800 sq. ft. addition j to the property on Federal Highway and SE 1 Avenue that will be added to the existing building. Mayor McElyea opened the public hearing. Hearing no E one speak in favor or opposition, the Mayor closed the public hearing. Will Allen, Growth Management Director, informed the Commission that the Planning & Zoning Board recommended i Nr, approval and that the petitioner has met all building requirements. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to approve the site plan (SP-33- 90) with the following amendments; the parking to be decreased by 1 space, parking to be slanted, the d building setback to be 2. 9 ' to match the other building d and vegetation be added on the south end. 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 6. EXPENDITURE REQUESTS I j 6.1 City Attorney Adler informed the Commission of an expenditure request by Ruden, Barnett for an additional $5, 000 for services in connec tion with Sp ecial P ial } Assessment Improvement Bonds for NE 7 Avenue project . Glen Gerena, Ruden, Barnett , stepped forward to explain that his firm was hired as bond counsel to Dania in connection with the N. E. 7th Avenue Special Assessment issue and that the initial fee was $10, 000 plus expenses . Mr . Gerena stated that the underwriter, William R. Huff & Co. , requested that his firm participate in the special assessment roll proceedings even though their fee letter did not provide for this additional cost . Mr. Gerena stated that he thought Clark Bennett, William R. Huff & Co. , had contacted the City to obtain approval for an additional $5, 000 to cover their costs for participating in the assessment roll proceedings. J � e i F 3 t'h 1 1 i� v�t4 v•j REGULAR MEETING 1D� ' s c � MAY 2a, 1990 1 r i F t City Manager Flatley stated that the agreement with Ruden, Barnett was for $10, 000 plus expenses but that Mr. Adler or himself were not aware of being contacted by Clark Bennett , William R. Huff & Co. , regarding an increase of $5, 000. Mr. Flatley mentioned that the j money to pay for this increase would come from the bond issue money and does not affect the City budget. j A motion was made by Commissioner Bertino, seconded by I Vice Mayor Mikes to deny the expenditure request by Ruden, Barnett . , II The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McE]yea-yes i) Commissioner Grace-yes i7. SPECIAL REQUESTS j 7.1 City Attorney Adler advised the Commission of a continued request by McLaughlin Engineering to waive replatting requirements and file petition to vacate l street located in Ocean Waterway Mobile Home Park 1 located on Bryan Road and Old Griffin Road. i Commissioner Bertino stated that his understanding from I the last meeting was to continue this request so that McLaughlin Engineering could contact the officials with i the Ocean Waterway Mobile Home Park to obtain an approval for this street vacation. Bob McLaughlin, McLaughlin 4 g Engineering, explained that j the reason for this request is due to some trailers 1 from the mobile home park sitting in the right-of-way and that lenders require this be resolved as they feel it is an encroachment onto public right-of-way. i ^+� After Commissioner Bertino stated that he didn' t feel the reason warranted vacating the street and expressed concern for the affected mobile homeowners (in the right-of-way) , he made a motion, seconded by Commissioner Grace to deny this request . 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 i 7. 2 City Attorney Adler informed the Commission of a I request by the American Legion Post 304 to place a banner across Federal Highway from June 7 thru June 10 to advertise the American Legion Convention. t f Peggy Tomlinson, Commander of American Legion Post 304 , explained that June 7 , 8 , 9 and 10 is the state convention for the American Legion being held at the Diplomat Hotel . Ms. Tomlinson explained that there will be two 19 passenger buses running from the hotel to Dania every half hour. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to approve this request by the American Legion Post 304. t REGULAR MEETING 11 MAY 22, 1990 u S ' �•' f I F7 The motion passed on the following roll call vote: i !!' Commissioner Bertino-yes Vice-Mayor Mikes-yes I Commissioner Cook-yes Mayor McElyea-yes i Commissioner Grace-yes Ms. Tomlinson invited the Commission to attend their memorial services at Post 304 beginning at 9 :00 a.m. on ! Sunday, May 27 . 7 .3 City Attorney Adler informed the Commission of a request by Dennis DesJardin, Executive Director of Victory Villas, to install a temporary portable office structure on the property located at 851 West Dania Beach Blvd. Mr. DesJardin explained that his organization would y like to construct a temporary office facility for a 1 period of one year until funds can be raised to 1 complete a permanent office structure. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to grant the request by Dennis DesJardin to install a temporary portable office structure on the property located at 851 West Dania ! Beach Boulevard for a period of one year and that the f position of this structure be worked out with Will 4 Allen, Growth Management Director. I The motion passed on the following roll call vote: i i Commissioner Bertino-yes Vice-Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 7 .4 City Attorney Adler informed the Commission of a { request by G.M. Promotions for a permit to place a banner across Federal Highway from May 23 thru May 29 to advertise the Broward County used boat sale at Seafair. Guy Glickman, G.M. Promotions, stepped forward to request banner approval for this event and also to place a sign on the median on Dania Beach Boulevard in front of Jai Alai announcing parking at Dania Jai Alai and informing patrons that a shuttle is available to facilitate the show. Mr. Glickman also requested t approval to place a sign near Seafair property next to Bloody Marys announcing and directing people to the boat show. City Attorney Adler stated that the sign should be covered for liability under Seafair as long as it is placed on their property. Mr. Adler stated that the 4 City should not allow the sign to be placed on the median strip. k i A motion was made by Commissioner Cook, seconded by Commissioner Grace to grant the request to place a banner across Federal Highway from May 23 thru May 29 to advertise the Broward County used boat sale at Seafair. The motion passed on the following roll call vote: Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes r` Commissioner Grace-yes REGULAR MEETING 12 MAY 22, 1990 ( r 7. j i k 711 I City Attorney Adler reminded Mr. Glickman that he has only been approved for the banner and not for the other f two signs requested. i { 7 . 5 City Attorney Adler informed the Commission of a request by B. S.O. for reduction of required rate, as per fee schedule, for use of I .T. Parker Community Center. I Mayor McElyea informed the Commission that the Fire Department has been given a reduction in the required rate to use the I .T. Parker Community Center and recommended B. S.O. be given the same benefit. Mike Smith, Personnel Director, stepped forward to explain that there is a fee schedule adopted by the Commission when the Community Center opened that offers a reduction to city employee organizations. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to grant the request to B. S.O. for reduction of required rate to use the I .T. Parker I Community Center in the amount of $100 . Commissioner Grace requested that discussion of this j ,.� item be workshopped as she was of the understanding that every group is to be charged the same rate. 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 8. APPOINTMENTS 8 .1 City Attorney Adler informed the Commission to :b- appoint three (3) Commission nominees for the fifth member alternate of the Civil Service Board to be elected by the employees. i A motion was made by Commissioner Bertino, seconded by i Commissioner Cook to appoint Mr. Larry Black as one nominee and to continue the other two appointments to the next regular meeting. The motion passed on the following roll call vote: 1 Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 9. DISCUSSION i 9. 1 A motion was made by Commissioner Grace, seconded by Commissioner Bertino to name NW 14 Way Park as Sun Garden Isles Park. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 10. CITIZENS' COMMENTS - none i It F yN Y 'l�r�'�',(1•• REGULAR MEETING 13 MAY 22, 1990 t. 'I hI {1{ 11. ADMINISTRATIVE REPORTS 4 } 11 .1 City Manager 11 .1. 1 City Manager Flatley and the Commission scheduled a workshop meeting for June 19 at 7:30 p.m. Mr. Flatley informed the Commission that Tire Kingdom, located in the Stirling Corporate Center Park, has requested deletion from Dania' s Annexation proposal . Mr. Flatley requested the Commission approve this request so that he can submit this amendment to Annexation House Bill 3555 to the Department of Community Affairs to be forwarded onto the Broward Legislative Delegation on Thursday for full approval by the House and Senate on Friday, May 25. i I A motion was made by Commissioner Bertino, seconded by Commissioner Cook to amend Annexation House Bill 3555 by deleting Tire Kingdom, located in the Stirling Corporate Center Park, from being annexed into Dania. 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 11.2 City Attorney City Attorney Adler requested a resolution be adopted covering the reduction of the rent for three months and 4 the insurance requirement for Donald Streeter at the Dania Fishing Pier. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt the resolution reducing the rent for three months and reducing the insurance requirements for Donald Streeter, Dania Fishing Pier. 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 12. COMMISSION COMMENTS 12.1 Commissioner Bertino Commissioner Bertino commended the Dania Democratic Club for their contribution of two flag poles for two of Dania ' s cemeteries. j Commissioner Bertino requested maintenance to the park benches and landscaping in the downtown area of the city. Commissioner Bertino reported on the locations in Dania that will be painted and cleaned up in connection with the BSO Graffiti Program. 112. 2 Commissioner Cook , 4 a1 Commissioner Cook requested City Manager Flatley obtain the cost for replacing the overhead net at Modello Park and also the cost of extending the 6 ' fence along the W ' west side and southeast side at the park. REGULAR MEETING 14 MAY 22, 1990 +s s „��k�BNrNct sh {p L t � I .n.0 ,. 4�..unmwaz.n63.Y.1 . . .. . . ... . .. .u.,.aa r.., ♦r. I 12. 3 Commissioner Grace Commissioner Grace commended BSO and all individuals involved in the Graffiti Cleanup Program. 12. 4 Vice Mayor Mikes Vice Mayor Mikes commented on training our Public Works Department to properly maintain the public areas in the City. Vice Mayor Mikes suggested discussion be included at a workshop meeting on needed projects that could be completed with revenue from the local option gas tax. 12. 5 Mayor McElyea - none City Attorney Adler mentioned that the lady from the Church of the Resurrection who requested him to cook the first Sunday in June to please contact him as he did not get her name. Mayor McElyea commended City Attorney Adler for his cooking efforts at the recent Dania Historical Society event. f, This regular commission meeting was then adjourned. {, MAYOR-COMMISSIONER CITY CLERK-AUDITOR i i i t x r* f 1 rry 1^Y!( t y�-JIk .�y s'A�C '•.i � REGULAR MEETING 15 MAY 22, 1990 i x ` t 1 _ r f � AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 22, 1990 8:00 P.M. INVOCATION k� ROLL CALL j PRESENTATIONS 1 . CONSENT AGENDA Minutes j 1 . 1 May 1 , workshop meeting # 1 .2 May 8, regular meeting 9 Bills 1 .3 March, 1990 Resolutions 1 .4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LETTER ? PROPOSAL TO CITY OF DANIA FROM BERRY & CALVIN, INC. , CIVIL ENGINEERS, FOR PERFORMANCE OF DRAINAGE STUDY FOR THE SOUTHEAST R., AREA OF THE CITY; PROVIDING FOR METHOD OF PAYMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances (First Reading ) 1 .5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY REPEALING THE EXISTING CHAPTER 14 f AND ADOPTING A NEW CHAPTER 14 ENTITLED, "JUNKED AND ABANDONED VEHICLES" ; AND PROVIDING DEFINITIONS ; PROVIDING FOR RESPONSI- BILITY FOR REMOVAL; PROVIDING FOR ABATEMENT; PROVIDING FOR fr REMOVAL; PROVIDING FOR NOTICE OF VIOLATION; PROVIDING FOR HEARINGS; PROVIDING FOR HEARING OFFICER; PROVIDING FOR DISPOSAL; .. .1 PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE 1 REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I 1 .6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE i CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE SOUTH 231 .4 FEET OF LOT 3, BLOCK 4 , OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, REED LAND COMPANY SUBDIVISION, PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; LESS THAT PORTION DEEDED TO BROWARD COUNTY, FLORIDA, FOR ROAD RIGHT-OF-WAY PURPOSES, AS SET FORTH IN THOSE CERTAIN DEEDS RECORDED IN i OFFICIAL RECORDS BOOK 7345, AT PAGE 628 AND OFFICIAL RECORDS BOOK 7572, AT PAGE 710, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY; FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/ i OWNERS IN ADJACENT PUBLIC RIGHT-OF- WAY; PROVIDING FOR FILING OF f COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 I v „ f J � QS Y�y �. 1 f CONSENT AGENDA (continued) 1 .7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE WEST 309 FEET OF THE NORTH 172. 50 FEET OF 'TRACT 2, BLOCK 4, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LAND NOW LOCATED IN BROWARD COUNTY, FLORIDA AND CONTAINING 53,302 { SQUARE FEET ( 1 . 22364 ACRES ) ; TOGETHER WITH TRACT 2 LESS THE f NORTH 172. 50 FEET AND LESS SOUTH 330 FEET THEREOF, BLOCK 4, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID LAND NOW LOCATED IN BROWARD COUNTY, FLORIDA AND CONTAINING 101 , 592 SQUARE FEET ( 2. 33223 ACRES ) , LESS THAT PORTION FOR ROAD RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORD BOOK 5679, PAGE 892, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; TOGETHER WITH THE NORTH 172. 50 FEET LESS THE WEST 309 . 00 FEET THEREOF OF TRACT 2, BLOCK 4 , SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THAT PORTION FOR ROAD RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORD BOOK 5679, PAGE 892, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LAND NOW LOCATED IN BROWARD COUNTY, FLORIDA AND CONTAINING 52, 602 SQUARE FEET ( 1 , 2076 ACRES) ; NOW KNOWN AS PARCEL "A" OF A.C.R. PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 118, AT PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND S PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS - none 11, 3. BIDS 3. 1 (8 : 15 p.m. ) Receipt of bids for (4 ) four surplus vehicles. 3. 2 Recommendation to award contract for construction of sidewalks at Modello Park under Community Development Block Grant program. f " 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS I Building & Zoning 4. 1 Petitioner/Owner - Ronald Spencer, Agent for District 2 MEBA; E property located at 210 & 218 SW 9 Street (continued from 5/8) Public Hearing - RZ-18-90 - (final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 9, 10, 11 AND 12, BLOCK 3 "AMENDED PLAT OF WOODHAVEN-HOLLYWOOD, FLA. " , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 56, 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 CLASSIFICATION TO I-G ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, i FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN j CONFLICT HEREWITH BE REPEALED TO 'THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " j i ( 2 PUBLIC HEARINGS (continued) 4. 2 Petitioner - Management Research and Sales , Inc. ; Owner - Uniweld Products, Inc. ; property located at 2850 Ravenswood Road Public Hearing - VA-16-90 - A variance is requested to allow the i construction of a sign 672 sq. ft . in area ( 100 sq. ft . permitted) and 65 ' high ( 12 ' height permitted ) . t 4. 3 Petitioner/Owner - Charles Giller, Agent for La Quinta Motor 6 Inn; property located at 2019 Griffin Road # A) Public Hearing - VA-22-90 - The following variances are requested: a. 267 parking spaces ( 292 required) ; b. 1 loading space ( 5 required) ; c. 6 story building at 51 ' in height ( 3 story building permitted at 40 ' in height ) B) SP-23-90 - A site plan approval is requested for a 206 room hotel and restaurant . 4.4 Petitioner/Owner - Marco Manzie, Agent for the Sheraton Design Center Hotel ; property located at 1825 Griffin Road Public Hearing - VA-25-90 - A variance is requested to allow the construction of a sign 485 sq. ft . in area ( 50 sq. ft. permitted) and 58 ' in height (40 ' permitted) . 4. 5 Petitioner/Owner - Daniel and Mary Sitkowski ; property located . -. at 240 SE 8 Street Public Hearing - VA-27-90 - A variance is requested to allow construction of structure with a 9 ' rear yard setback ( 15 ' required ) . i i 4. 6 Petitioner/Owner - Willie and Rutha Funchess ; the property is an interior lot located on the west side of NW 14 Court between Dania Beach Blvd, and NW 1 Street . Public Hearing - VA-28-90 - A variance is requested to allow construction of structure with insufficient square footage of 5000 (6000 required) . 4.7 Petitioner/Owner - John Bartley and the Estate of Robert Graf; j property located between SE 5 Street and 7 Street on the west end of the Glen Lauren Plat + Public Hearing - VC-31-90 - Adoption of resolution is requested to vacate dedicated alley. 1 i Administrative Ordinances (second & final reading) 4. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 26-38 (a) (b) , ARTICLE III, CHAPTER 26 OF THE CODE OF ORDINANCES j OF THE CITY OF DANIA, FLORIDA TO INCREASE THE MINIMUM HEIGHT OF I TREES INSTALLED WITHIN THE CITY FROM EIGHT FEET HIGH TO TWELVE FEET HIGH ; 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 I i 3 lJ ; i 5.' SITE PLANS 5. 1 Petitioner/Owner - Jerry Gross ; property located at 45 South Federal Highway SP-33-90 - A site plan approval is requested for a building addition. 6. EXPENDITURE REQUESTS 6. 1 Request by Ruden, Barnett for an additional $5, 000 for services in connection with Special Assessment Improvement Bonds for NE 7 Avenue project . i 7. SPECIAL REQUESTS 7. 1 Request by McLaughlin Engineering to waive replatting requirements and file petition to vacate street located in Ocean Waterway Mobile Home Park located on Bryan Road and Old Griffn Road. (continued from 5/8) 7. 2 Request by American Legion Post 304 to place banner across Federal Highway from June 7 - June 10 to advertise the American Legion Convention. 7. 3 Request by Dennis DesJardin, Executive Director of Victory Villas, to install a temporary portable office structure on the property located at 851 West Dania Beach Blvd. 7. 4 Request by G.M. Promotions for a permit to place banner across w Federal Highway from May 23 - May 29 to advertise the Broward County used boat sale at Seafair. 7. 5 Request by B.S .O. for reduction of required rate, as per fee j schedule , for use of I.T. Parker Community Center. 8. APPOINTMENTS 8. 1 Three (3 ) Commission nominees for the fifth member alternate of the Civil Service Board to be elected by the employees . 9. DISCUSSION 9. 1 Formal naming of NW 14 Way Park . (continued from 5/8) 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. 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11 . 1 . 1 Set workshop meeting for May 29 . i 11 . 2 City Attorney i 1 4 IF- 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. i i i � 1 i i j I� 1 5 i t 5 1\ Y: 1A , li Y