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HomeMy WebLinkAbout31199 - MINUTES - City Commission I ( It � DIY 1 _ i (k(ti C% 1S MINUTES DANIA CITY COMMISSION REGULAR MEETING j MARCH 27, 1990 E INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: Jean Cook Bobbie Grace John Bertino i y City Attorney: Frank Adler R City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS C Mayor McElyea presented B.S.O. Deputy Robert Lahiff with an award from the Dania City Commission for receiving the "Deputy of the Year Award" from the B. S .O. and appreciation for his outstanding service to the citizens of Dania . r '4 Commander Hernandez commended Deputy Robert Lahiff for his accomplishment in obtaining the "Deputy of the Year Award" . Ms. Kathy Kay, Dania Improvement Committee, invited the Commission to attend the 4th annual "Music in the Air" that will be held at the Airport Hilton on April 20 , j 1990. PULLED FROM CONSENT AGENDA Items 1.4, 1.6 and 1.7 1. CONSENT AGENDA I Minutes i 1. 1 Special meeting of February 28, 1990 1 . 2 Regular meeting of March 13, 1990 Bills 1 . 3 Approval of bills paid for the month of December, 1989, January and February, 1990. Resolutions 1 .5 City Attorney Adler read the title of the resolution approving the data processing agreement for delinquent parking violations processing between the City of Dania and Computil Corporation; and authorizing the appropriate City Officials to execute said agreement. y: Ordinances 1 .8 City Attorney Adler read the title of the 4rx =s ordinance for first reading providing for regulation of 4 ' fortunetellers s= `°palmists, clairvoyants and astrologers; providing for issuance and revocation of licenses; , REGULAR MEETING 1 MARCH 27, 1990 �w. 1 ?ri 7S x p4v q>W t IqR , S 1 L z � � FF I r i E I ; providing for judicial review; providing for license fees; providing for bond; providing penalties; providing for inclusion in the City Code; providing for } separability. I r A motion was made by Commissioner Bertino, seconded by I Commissioner Grace to approve the consent agenda with the exception of items 1 .4 , 1 .6 and 1 .7. i The motion passed on the following roll call vote: f' i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i PULLED FROM CONSENT AGENDA Resolutions t 1 .4 City Attorney Adler read the title of the resolution recognizing Rose Lizana for her contributions to the City of Dania and to her fellowman. Vice Mayor Mikes informed the Commission that Rose Lizana has been chosen for recognition in the 4th annual Broward County Community Awards banquet for her efforts as a community leader and requested City Attorney Adler read the resolution, in its entirety, by Dania commending Ms . Lizana for her efforts. A motion was made by Vice Mayor Mikes, seconded by Commissioner Cook to adopt this resolution. 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 , 1 .6 City Attorney Adler read the title of the resolution approving agreement between Broward County and Dania for installation of additional stop signs within the City of Dania and authorizing the appropriate City Officials to j execute said agreement . A motion was made by Vice Mayor Mikes, seconded by iCommissioner Bertino to adopt this resolution. The motion passed on the following roll call vote: i a Commissioner Bertino-yes Vice-Mayor Mikes-yes { Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1 .7 City Attorney Adler read the title of the resolution vacating , abandoning, renouncing and disclaiming certain +` public park restrictions imposed on property owned by the I City of Dania . City Attorney Adler informed the Commission that this resolution will remove certain restrictions from a parcel of land that has been deeded over to Dania from the City of Hollywood by Quit Claim Deed for Block 203 "Hollywood Central Beach" . City Attorney Adler stated that Dania now t owns this property fee simple with no restrictions on it - other than what may be applied by Dania . REGULAR MEETING 2 MARCH 27, 1990 'I T 1 $ r .... 1 I' A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this resolution. r 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 AT THIS TIME, ITEM 3.1 WAS HEARD 2. PROCLAMATIONS 2 .1 Mayor McElyea proclaimed April 20 , 1990 as Arbor Day and read the proclamation in its entirety. Commissioner Grace expressed appreciation to Collins Elementary School and The Reach Club of Dania for their participation in this project . Commissioner Grace { commended Mr. Weinberg for donating the trees for this project . j City Manager Flatley also informed the Commission that Dania Elementary School will be having a tree planting i ceremony on the same day as part of the requirements >- for the tree preservation award for the City. x r ' AT THIS TIME 3.2 WAS HEARD 3. BIDS t 3 .1 City Attorney Adler informed the Commission of receipt of bids for furnishing and installing the floor i the for the atrium. i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to close receipt of these bids. 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 Prior to opening the bids, Commissioner Bertino requested that the Commission address the liability risk on having residents and city crews removing the tile from the atrium area. 9 City Manager Flatley reassured Commissioner Bertino that 13 measures have been taken to protect the individuals involved. City Attorney Adler informed Commissioner Bertino that the City insurance carrier would not cover this citizen project . City Attorney Adler advised Commissioner Bertino to return the bids received unopened and authorize the City Manager to readvertise for bids for the whole project . A motion was made by Commissioner Bertino to return the bids received unopened to the bidding parties and request that they include in their new bid the taking up and removal of the tile. Commissioner Bertino' s motion died for lack of a second. r Vice Mayor Mikes asked the City Manager how many people will be participating in this project . o- °ixr REGULAR MEETING 3 MARCH 27, 1990 � �ppF�t�k44. S EF'k! F i '1 l N � 1 dzw$MJI , c 1 i City Manager Flatley informed the Commission that about 46 people will be involved and that the City workers will be F operating the City machinery to remove the tile. {{Illt Y 1 Mike Smith, Personnel Director, informed the Commission that the City workers will be covered under workman' s compensation for this project. Mr. Smith stated that by using the city crews to handle the heavy work and proper safety equipment being distributed to the volunteers , there is a possibility that our insurance carrier will underwrite liability coverage for this project . A motion was made by Vice Mayor Mikes , seconded by Commissioner Grace to open the bids received. The motion passed on the following roll call vote: Commissioner Berti.no-no Vice-Mayor Mikes-yes i Commissioner Cook-yes Mayor McElyea-yes k Commissioner Grace-yes j i City Manager Flatley opened the following bids received: Amigo Tile, Hialeah, F1 $ 20 , 240 American Tile Service, Davie, Fl 22 ,720 ! Larry Giacin Tile Co. , Ft. Lauderdale, F1 31 , 650 ; i { Manor Flooring, Wilton Manors, F1 22 , 650 E I Artistic Tile, Miami , F1 25, 850 Florida Mercury Building & Eng. , Dania, Fl 23 , 500 Jim Weinberg, Hallandale , F1 16 , 500 (THIS BID WAS REVIEWED LATER AND IT WAS DETERMINED THAT THE TOTAL BID AMOUNT WAS $23 , 540 NOT $16 , 500. ) s A motion was made by Commissioner Cook, seconded by Commissioner Grace to refer these bids to the City Manager for tabulation and recommendation at the next regular meeting. The motion passed on the following roll call vote: Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes City Manager Flatley asked if Mayor McElyea would donate his front end loader for this project and Mayor McElyea agreed. 3.2 City Manager Flatley informed the Commission that 7 bids have been received for the construction of NE 7th Avenue aka/ Taylor Road Extension . Mr. Flatley informed the Commission that Hardrives was the lowest bid of $443 , 601 .95 and after reviewing the bide with the city engineers, Mr. Flatley recommended the bid be awarded to Hardrives. A motion was made by Commissioner Bertino, seconded by 1 L Commissioner Cook to award the bid to Hardrives Co. in the amount of $443 ,601 .95 for the construction of NE 7th Avenue. * .l v sMs ry�. r; zl REGULAR MEETING 4 MARCH 27 , 1990 ( ?, s x f The motion passed on the following roll call vote: t, J € I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 1 Building & Zoning 4 .1 City Attorney Adler read the title of the ordinance for second reading approving the plat of "The NCL Plat" (PL-11-90) as requested by Lone Star Building Centers for property located at 1940 Griffin Road. Will Allen, Growth Management Director, explained that i this property is commonly known as the old Lindsey Lumber site and pointed out the location of this plat. E' Mr. Allen informed the Commission that the Planning and Zoning Board has recommended approval of this plat with the stipulation that utility easements be shown on the plat that are consistent with the location of the i existing water mains on the site. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to adopt the ordinance on second w_ reading approving the plat of "The NCL Plat" (PL-11-90) with the stipulation that utility easements be shown on the plat that are consistent with the location of the existing water mains on the site. 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 4 . 2 City Attorney Adler informed the Commission of a variance (VA-1.2-90) request by the Humane Society of Broward County to permit the construction of an ! enclosed equipment room directly adjacent to the rear lot line (15' setback required) . i Will Allen, Growth Management Director, stepped forward to explain the location and purpose of this request and reminded the Commission that the Planning & Zoning Board recommended approval . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the i public hearing. A motion was made by Commissioner Grace, seconded by f Commissioner Cook to approve this variance (VA-12-90) I as requested by the Broward County Humane Society for the property located at 2070 Griffin Road. The motion passed on the following roll call vote: r Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes t I REGULAR MEETING 5 MARCH 27, 1990 j e,r f { a 1.vL .15 LlIDfxr t �" [P t a : P i 4 .3 City Attorney Adler informed the Commission of a variance (VA-13-90) request by Florence Butrim to permit the construction of a 6' fence in an exterior side yard (maximum 4 ' required) for property located at i 201 NE Third Avenue. Florence Butrim stepped forward to submit a petition with 140 signatures expressing approval of this request and passed out pictures of the type of fence to be constructed. Will Allen, Growth Management Director, explained the location and zoning requirements for this request. Mr. Allen informed the Commission that the Planning and Zoning Board recommended denial. Mayor McElyea opened the public hearing. After hearing Mr. Tim McCloud speak in favor and no one speak in opposition, the Mayor closed the public hearing. 3 � A motion was made by Commissioner Bertino, seconded by > Commissioner Grace to approve this variance (VA-13-90) as requested by Florence Butrim. I ! Vice Mayor Mikes asked the petitioner to add a 3 ' hedge along this fence to deter the graffiti problem in Dania. 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 .4 City Attorney Adler informed the Commission of a variance (VA-14-90) request by Harbour Town Marina to permit the construction of an off-site directory sign, A-h maximum 60 square feet in an area to be located 10 ' p� from Federal Highway and 30 ' from NE 2 Street (Dania } code prohibits off-site directory signs) . John Hughs , McNeill Signs , stepped forward to represent j the petitioner. j i Will Allen, Growth Management Director, described this sign request and explained that the property is zoned C-3 . Mr. Allen explained that the type of sign requested does not conform to the type of sign which is permitted under this zoning. Mr. Allen informed the Commission that the Planning & Zoning board voted denial of this request. Mayor McElyea opened the public hearing. Hearing several residents speak in opposition and no one speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to deny this variance 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 : fir 4 . 5 City Attorney Adler informed the Commission of a > variance (VA-15-90) request by Roy and Luther Jones for > > t property located on the NE corner of NW 7 Avenue and NW v ti �hh L y 2 Street to permit the following: tm5�ti REGULAR MEETING 6 MARCH 27, 1990 9Vta5 d ft j,4� ., u'n."i[nha.• dNi i".i.2rJ A. w...::,:i. ..... .. ... ............ ..__ — USyy I 1 '4rj �ti UU , A) Construction of a duplex on Lot 22 with: i 1) 51 ' frontage (60 ' required) E 2) 5600 square feet (6 , 000 required) B) Construction of a duplex on Lot 23 with: 11) 51 ' frontage (60 ' required) 2) 5600 square feet (6, 000 required) Will Allen, Growth Management Director, stepped forward to explain the zoning requirements in the area and explained that the Planning & Zoning Board recommended approval . Attorney Richard Seay was present to represent Roy and Luther Jones for this variance request. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Mikes , seconded by Commissioner Grace to approve this variance (VA-15-90) request by Roy and Luther Jones for lots 22 and 23 with the following landscaping conditions: 1 . One additional set of three palm trees f 2. Four additional Oak trees. II 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 land use plan change (LU-92-89) request by John Ligotti and owned by Louis & Dorothy Lavich that would amend the certified land use plan from Estate (1) Residential to Medium (16) Residential . Mr. Adler informed the Commission that this land use plan change would be approved by adoption of a resolution. Mr. Ligotti stepped forward to explain that this land use plan change has been reviewed by the Commission at a recent workshop and to explain that the main concern by the Commission was the disposition of the remainder of the east side of SE 5th Avenue. Mr. Adler informed the Commission that this resolution will authorize the transmission of this land use plan change to the Department of Community Affairs in Tallahassee where it will be reviewed and a recommendation will be brought back to Dania for approval . Will Allen, Growth Management Director, informed the Commission that this is a continued public hearing on this item since January 9, 1990. Mr. Allen stated that this request is to change the designation on the Dania Land Use Plan from low density one unit to the acre to 16 units to the acre. REGULAR MEETING 7 MARCH 27, 1990 ('Il ''^�. _..-...r...Vn'3Y Sw. �iV[:M4 v� )nti.�.n .r.J k.r 1.l:::. ..a. 'F'ti.V",...n 4 .....vn q. .ru^� -.. _�+. $ �/•q. , i1 �'� � +J y 1 i� I Mayor McElyea opened the public hearing. After hearing Hugo Renda, Irving Warman, John Bruckner, Vincent Carroll , and Faye Bartelmes speak in opposition and no one speak in favor, the Mayor closed the public hearing. 4 City Attorney Adler read the title of the resolution authorizing the transmission of this land use plan change to the Department of Community Affairs State of Florida and Broward County Planning Council for review and recommendation. Mr . Adler stated that this land use plan change would then come back to the Commission for final approval . A motion was made by Commissioner Grace, seconded by Vice Mayor Mikes to deny this land use plan change as requested by John Ligotti . 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 .7 City Attorney Adler read the title of the ordinance amending Chapter 18 of the Code of ordinances E of the City entitled: "Pensions and Retirement" to j change the amount of the monthly retirement benefit for !` firefighters after October 1 , 1989, changing the amount of employee contributions to fund such benefits. Mike Smith, Personnel Director, stepped forward to explain that this is a change to Police and Firefighters Pension ordinance that will apply to Firefighters only. The change will enact into law the first part of the collective bargaining agreement entered into in September with the Firefighters union =_ that will change their retirement formula from a 2. 5% per year to a 3% per year. Mr. Smith stated that the funds are available and that this will involve a 1 . 8296 of payroll which is about 196 less than what was anticipated. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt this ordinance on second and final reading entitled: "Pensions and Retirement" . 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 . 8 City Attorney Adler read the title of the ordinance establishing solid waste flow control pursuant to Florida Statutes Chapter 403 , Part IV, and Section 2 .5 of the solid waste disposal agreement dated August 19, 1988, as amended by letter agreement dated February 15, 1989, and the consent and agreement dated February 1 , 1990 , by and between the contract I municipalities and Reuter Recycling of Florida, Inc. ; J directing the delivery of all solid waste generated within the contract municipalities to the resource REGULAR MEETING 8 MARCH 27, 1990 r•s± < r qy k: �� x +r S � ; c � i � tfttt recovery system described herein; relinquishing title to solid waste collected or generated within the contract municipalities upon delivery of such solid waste to said resource recovery. j Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second and final reading as read by Attorney Adler. 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 'i 5. SITE PLANS - none 6. EXPENDITURE REQUESTS I 6 . 1 City Manager Flatley explained an expenditure ([ request to pay a portion of the drainage cost for property in the vicinity of SE 4 Avenue and 3 Place by 1 Michael Moskowitz . Mr. Flatley informed the Commission > � • that the owner is willing to pay half of the costs of f draining this area which involves a three or four block set of properties . City Attorney Adler informed the Commission that a motion must be made to advertise for bids in the event I this expenditure request is approved due to it being over a $1 , 000 .00. �Wnt Michael Moskowitz, representing the petitioner, stepped forward to explain that his client is responsible for providing proper drainage for his property only and not for the surrounding property owners . In an effort to resolve the drainage problem, he has come before the commission to request the City assist in the j expenditure costs to complete the drainage . i i A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to continue this request to the next regular commission meeting and in the interim to schedule a workshop meeting to discuss this request with John Calvin, City Engineer . i The motion passed on the following roll call vote: j� Commissioner Bertino-yes Vice-Mayor Mikes-yes 1 Commissioner Cook-yes Mayor McElyea-yes if Commissioner Grace-no I� 7. SPECIAL REQUESTS 4 7 . 1 A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to grant Seaside Group, t Inc. ' s request to file a petition to vacate an alley lying west of the Glen-Lauren Homes plat , and to waive 1 Lreplatting requirements . 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 a v REGULAR MEETING 9 MARCH 27, 1990 S ! 3 l 1 t � ''• [ ... .. .:'.:�.. . . :..:....i... .. ^...:::..:. a ...—. �..wNY� 1 1 r r 1 j 7 .2 A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to refer the request by Seaside Group, Inc. to place temporary construction trailer on the Glen-Lauren Homes site to the Building Department. 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 7.3 A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve the request by Broward School Board to waive plan review fees for Olsen Middle School . The motion passed rn the following roll call vote: i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes a 7 .4 City Manager Flatley informed the Commission that five proposals to study the Dania Pier rehab project have been received and he is requesting permission to rank these consultant . Mr . Flatley informed the Commission that he ranks Coastal Tech first and that he would have a representative from Coastal Tech at a scheduled workshop meeting to discuss their proposal . A motion was made by Commissioner Bertino, seconded by Commissioner Cook to accept the City Manager's recommendation to rank Coastal Tech first, Keith & Schnars second, and Frederick Harris third for purpose of negotiating a proposal to study the Dania Pier rehab project and to have a Coastal Tech representative attend a workshop meeting to be scheduled. 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 8. APPOINTMENTS 8.1 A motion was made by Commissioner Bertino, JJJJ seconded by Commissioner Cook to leave Rholanda Higgs- Rule on the Police and Firefighters Retirement System Board. 1 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 . 2 A motion was made by Commissioner Cook, seconded by Commissioner Bertino to appoint Lt . Tom Carney as B. S.O. District Commander to replace Capt. Ralph Hernandez and with the understanding that Lt. Carney will be promoted to Captain. I � ` 4 Gt( : REGULAR MEETING 10 MARCH 27, 1990 f '' SN���%v ,. `�+�+wt�':niF,sa`.�`x�-�S7`r'e✓a. o •: ., , ,.. . ...'...- . -__.. _ a t� 4�'F3 v�.. '. 771 , I� The motion passed on the following roll call vote: I E Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 9. DISCUSSION 9 . 1 A motion was made by Commissioner Bertino, seconded by Commissioner Cook to accept the recommendation by the I .T. Parker Trust Fund Committee to place current funds in an interest bearing perpetual care fund for the Parker Community Center. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes 1 Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 9 . 2 A motion was made by Commissioner Cook, seconded by Commissioner Bertino to continue agenda items 9. 2 , 9 . 5 to the next regular meeting as she did not have all backup or i this portion of the agenda. 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 9.3 Vice Mayor Mikes requested the City Attorney and City Manager prepare a resolution for the next regular meeting expressing our concern to the City of Ft. Lauderdale on the constant breakdowns of sewer sludge plant facility and j addressing the Environmental Quality Control Board review of this project . Vice Mayor Mikes also added that Ft. Lauderdale be encouraged to return to their previous i operation in Martin County. 9 .4 Vice Mayor Mikes expressed his concern on the recent opening of an incinerator plant on the north side of the airport that processes bio-hazardous waste materials along with a proposed facility coming to Port Everglades. Vice Mayor Mikes informed the Commission of a Public Hearing that will be held at the Governmental Center with the Environmental Quality Control Board March 28 at 7 :00 p.m. Vice Mayor Mikes stated his concern for the lack of notification on a timely basis by the permitting agencies j that control the licensing of these types of facilities . Vice Mayor Mikes requested that City Attorney Adler review all ordinances and uses to make sure Dania has control over I bio-hazardous facilities coming into Dania. Vice Mayor Mikes requested City Manager Flatley send a f letter to the Department of Environmental Regulation and EQCB and get on record that the City of Dania wants to be informed of any applications for constructions of any air pollution sources . Vice Mayor Mikes suggested that this letter state that Dania should receive proper notification within a two mile radius of the City of Dania and our areas to be annexed. �•r CH 27 , 1990 REGULAR MEETING 11 MAR xn , ry 4 A5, A !'� 1 f y t yy . I 1 I Vice Mayor Mikes requested that Mr. Flatley include in this j letter to receive proper notification of permitting of Transfer Stations and any routes that might be involved in bringing in this hazardous materials. Vice Mayor Mikes stated that the legal notification placed in newspapers is j not sufficient notification for this type of operation. j Vincent Carroll stepped forward to inform the Commission that in July, Port Everglades issued a ten year lease for waste water treatment for an incinerator at the Port. Mr. Carroll stated that this facility has an upcoming request for an extension of 20 years for a total of 30 years for two incinerators at Port Everglades that will be located south of the foreign trade zone. Mr. Carroll mentioned that hazardous materials are coming into the Port on cruise ships , freighters , war ships from other areas of the world. i 9 .7 Commissioner Bertino asked City Attorney Adler what could be done to remove the Special Exception approval for the designation of adult congregate living units for the Sheridan Club, 300 Sheridan Street, approved on September 24, 1985. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to direct City Attorney Adler to contact Wilson Atkinson, Esq. who represented the property owners for this project to notify them that action to remove this ACLF designation will be discussed at the next regular commission meeting. i 1 The motion passed on the following roll call vote: f{ Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i I f 10. CITIZENS ' COMMENTS - none i 11. ADMINISTRATIVE REPORTS j 11 . 1 City Manager - none 11 . 2 City Attorney - none 12. COMMISSION COMMENTS I!! 12.1 Commissioner Bertino 1 I v Commissioner Bertino requested that there be more detail added to the motions transcribed in the Commission minutes and that we retain tape recordings for a considerable length of time in the event they would be needed for court purposes or research. - Commissioner Bertino stated that he is Chairman of the City and Community Committee for Olsen Middle School reevaluation and that he will be contacting civic leaders in the community for their input towards the certification of Olsen Middle School being part of Broward County. j Commissioner Bertino commended the Dania Women ' s Club for the success of their Ice Cream social last Sunday. 12.2 Commissioner Cook Commissioner Cook commented on the success of "Youth In Government Day" and commended the individuals who participated. REGULAR MEETING 12 MARCH 27, 1990 ,A P;Y• 1 S V y¢vYYi45'SY"i.�-k�+",�.i a1;a14fYL'"'�iQ p r✓^ c -.,: _ 12. 3 Commissioner Grace Commissioner Grace apologized to the Dania woman' s Club e for not being able to attend their Ice Cream Social as she had another engagement . Commissioner Grace commented on the need for city staff members to be present at functions like the "Youth In Government Day" and encouraged more participation. Mayor McElyea stated that he was not properly informed of this event. Commissioner Grace commented on whether the residents removal of lawn pyramids in their swale areas being made part of the swale ordinance. { City Attorney Adler stated that the ordinance adopted last year clarified what could be left in the Swale areas and that it has been determined that lawn pyramids are considered dangerous and are not to be placed on city property but that residents can have them in their own yards . Commissioner Grace said she was informed that a towing 1 company in Dania would not allow persons to remove j personal property from their vehicles when they were ` being towed away. '+r Mayor McElyea commented that individuals should be allowed to remove personal items from their vehicles as long as there is no hold placed on vehicles for legal reasons and depending on who initiated the call . i f Commissioner Grace commented on complaints she is !) receiving regarding policeman using excessive force in Dania . Commander Hernandez stated that he has always been iavailable to hear legitimate complaints regarding excessive force but that he has not received any in the past year. Commander Hernandez stated that he feels individuals are most likely complaining due to being arrested and stated that he will continue to be available should anyone want to make a legitimate complaint regarding excessive force being used. Commissioner Grace commented on the parking problem along Stirling Road. 12. 4 Vice Mayor Mikes Vice Mayor Mikes expressed a need for better communication and notification on events that effect the Commission like the "Youth In Government Day" . Vice Mayor Mikes reported that the Greenbelt ground breaking took place last week and that it is under construction. f Vice Mayor Mikes stated that he is receiving more and more complaints about railroad horns being blown after i 10:00 p.m. and asked City Manager Flatley to look into this problem. I �J Vice Mayor Mikes commented on seawalls being built near J Dusky Marina and asked City Manager Flatley if they have received the proper permits for this. ; = ' REGULAR MEETING 13 MARCH 27, 1990 1 aY ` ' k s r.y p' ♦ k »� i L. 1 71 '''•" r �y.iirtkY�7KKii$n Y"MK,{bN �"�.. Y .r�,. In'p: ___.. l M _ k a In response to Vice Mayor Mikes , Will Allen, Growth Management Director, stated that he inspected the site and said that he called EQCB, but he was not sure if they came out to investigate. Vice Mayor Mikes inquired into whether the number of Political signs can be limited and requested the Political Sign Committee look into this. Vice Mayor Mikes requested that discussion of paving of swales causing storm drainage problems be discussed at the next workshop. Vice Mayor Mikes encouraged everyone to complete and return their census forms by April 1 , 1990 as this is critical to Dania receiving revenue sharing. 11, 5 Mayor McElyea Mayor McElyea commented on his recent trip to Russia and stated that he gave the Key to the City to Odessa, Moscow and Tbilisi . In response to Commissioner Bertino' s concern regarding the keeping of meeting tapes, Wanda Mullikin, City Clerk, stated that her department is responsible for commission meeting tapes and informed the Commission that she follows state laws regarding the destruction. City Clerk Mullikin stated that after the minutes have been transcribed and approved by the Commission, the tapes must be retained for one year. City Clerk Mullikin stated that she retains these tapes longer than a year and requested the Commission advise her if they wish her to retain them even longer. Commissioner Bertino requested they be kept 5 to 7 years. i This regular commission meeting was then adjourned. M YOR-COMMISSIONn -'CITY C�h-AUDITOR '' •Y����l9 k F 1 y�C < P ly a REGULAR MEETING 14 MARCH 27, 1990 ?� a El q {d1 W?.n44'- .\ :..x J. i - .. •...n nn. .. ........ .......0 w..�... _ _...��.Nq� a r: lr?%� 4 . A� f` 'I l j AGENDA DANIA CITY COMMISSION REGULAR MEETING MARCH 27, 1990 8:00 P.M. INVOCATION ROLL CALL 3 PRESENTATIONS - Award to B.S.O. Deputy Robert Lahiff � "Music In the Air" - Dania Improvement Committee j t 1 . CONSENT AGENDA Minutes j 1 . 1 Special meeting of February 28 , 1990 1 . 2 Regular meeting of March 13, 1990 Bills 1 .3 Approval of bills paid for the month of December 1989, January 1990 , and February 1990 . Resolutions 1 . 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RECOGNIZING ROSE LIZANA FOR HER CONTRIBUTIONS TO THE CITY OF DANIA AND TO HER FELLOWMAN. " 11 1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE DATA PROCESSING AGREEMENT FOR DELINQUENT PARKING VIOLATIONS PROCESSING BETWEEN THE CITY OF DANIA AND COMPUTIL CORPORATION; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID j AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " f 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE j AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR INSTALLATION OF ADDITIONAL STOP SIGNS WITHIN THE CITY OF DANIA; 9 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, VACATING, ABANDONING, RENOUNCING AND DISCLAIMING CERTAIN PUBLIC PARK RESTRICTIONS 1 IMPOSED ON PROPERTY OWNED BY THE CITY OF DANIA AND MORE PARTICULARLY DESCRIBED HEREIN. " Ordinances ( first reading) j 1 .8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR REGULATION OF FORTUNETELLERS , PALMISTS, CLAIRVOYANTS AND ASTROLOGERS; PROVIDING FOR ISSUANCE AND REVOCATION OF LICENSES; PROVIDING FOR JUDICIAL REVIEW; PROVIDING FOR LICENSE FEES ; PROVIDING FOR BOND; PROVIDING PENALTIES; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR SEPARABILITY; PROVIDING THAT ALL f 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 l t 4 .i1. 2 . PROCLAMATIONS 2. 1 Arbor Day - April 20, 1990 f 3. BIDS (8:15 p.m, closing) j 3. 1 Receipt of bids for 5500 square feet of floor tile for atrium. 3.2 Award of bid for construction of NE 7th Avenue . i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS f Building & Zoning 4. 1 Petitioner - Keith and Schnars, P.A. ; Owner - Lone Star Building Centers; property located at 1940 Griffin Road Public Hearing - PL-11-90 - ( second reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "THE NCL PLAT" , SAME BEING: A PORTION OF "AMENDED PLAT HOLLYWOOD HEIGHTS" , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 58 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO A PORTION OF THE WEST 1/2 OF SECTION 33 , TOWNSHIP 5U SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33 ; THENCE NORTH 87°25 ' 52" EAST, ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 33, A DISTANCE OF 1017 . 37 FEET, TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE C.S.X. RAILROAD, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTA- TION RIGHT-OF-WAY MAP SECTION 86070-2453 ; THENCE SOUTH 06°43 ' 38" WEST, ALONG THE NORTHERLY PROLONGATION OF SAID EASTERLY RIGHT- r OF-WAY LINE OF C.S.X. RAILROAD, A DISTANCE OF 67 . 46 FEET, TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF s SAID GRIFFIN ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 9610 , PAGE 716 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT OF NON-TANGENCY OF A CURVE CONCAVE TO j THE NORTH (A RADIAL LINE TO SAID POINT BEARS SOUTH 01050123" EAST) AND HAVING A RADIUS OF 3116.00 FEET; THENCE, EASTWARDLY ALONG THE ARC OF SAID CURVE, AND ALONG THE SOUTHERLY RIGHT-OF- :.nf WAY LINE OF SAID GRIFFIN ROAD, A DISTANCE OF 39.66 FEET, THROUGH A CENTRAL ANGLE OF 00043145" , TO A POINT OF TANGENCY OF SAID j CURVE ; THENCE, NORTH 87°25 ' 52" EAST, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SAID LINE BEING 66 . 83 FEET SOUTH OF 1 AND PARALLEL WITH SAID NORTH LINE OF THE NW 1/4, A DISTANCE OF 162 .96 FEET; THENCE, SOUTH 06°43 ' 38" WEST, ALONG A LINE PARALLEL WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID C.S.X. RAILROAD, A DISTANCE OF 17 . 32 FEET; THENCE SOUTH 75°40 ' 31" EAST, A DISTANCE OF 72.94 FEET, TO A POINT OF INTERSECTION WITH THE WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE 95, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 86070-2403; THENCE, SOUTH 24°52 ' 34" EAST, ALONG SAID LIMITED ACCESS RIGHT-OF- WAY LINE , A DISTANCE OF 465. 38 FEET; THENCE, ` SOUTH 14055104" EAST, CONTINUING ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, A DISTANCE OF 909.47 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A j RADIUS OF 5629 .65 FEET; THENCE SOUTHEASTWARDLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, A DISTANCE OF 1042 . 22 FEET, THROUGH A CENTRAL ANGLE OF (continued on next page) 2 F171 10036 ' 26" TO A POINT OF TANGENCY; THENCE, SOUTH 04018138" EAST, CONTINUING ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, A DISTANCE OF 188 . 74 FEET, TO A POINT OF INTERSECTION WITH A LINE 35 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 33, SAID LINE ALSO BEING AND THE SOUTH LINE OF SAID "AMENDED PLAT HOLLYWOOD HILLS" ; THENCE, SOUTH 87025 ' 19" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 993 . 68 FEET TO A j POINT OF INTERSECTION WITH A LINE 300 FEET EAST OF AND PARALLEL j WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID C .S .X. RAILROAD; THENCE SOUTH 06043 ' 38" WEST, ALONG SAID PARALLEL LINE, A s { DISTANCE OF 671 .21 FEET TO A POINT OF INTERSECTION WITH A LINE 20 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH j 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 33, SAID SOUTH LINE ALSO BEING THE CENTERLINE OF TIGERTAIL BOULEVARD, AS SHOWN ON "TIGERTAIL GROVE CORP" , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 70 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 87°27 ' 30" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 182.38 FEET TO A POINT OF INTER- SECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID C.S.X. RAILROAD, SAID LINE BEING 120 FEET EAST OF AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID C.S .X RAILROAD; THENCE NORTH 06043 ' 38" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 892 .04 FEET; THENCE NORTH 83116122" WEST, CONTINUING { ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 20 FEET; THENCE NORTH 06043138" EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2389. J6 FEET TO THE POINT OF j BEGINNING; SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 50 . 42 ^CRES MORE OR LESS; AND { ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "THE NCL PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE { REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " f 4.2 Petitioner - Richard Collord , III ; Owner - Humane Society of Broward County, Inc . ; property located at 2070 Griffin Road. Public Hearing - VA-12-90 - A variance is requested to permit the construction of an enclosed equipment room directly adjacent to rear lot line ( 15 ' setback required) . 4 . 3 Petitioner/Owner - Florence Butrim; property located at 201 NE Third Avenue Public Hearing - VA-13-90 - A variance is requested to permit the construction of a 6 ' fence in an exterior side yard (maximum 4 ' required) . 4 .4 Petitioner - McNeill Signs , Inc. ; Owner - Harbour Towne Marina; property located on the north side of NE 2nd Street and the east side of Federal Highway Public Hearing - VA-14-90 - A variance is requested to permit the construction of an off-site directory sign, maximum 60 square feet in area to be located 10 ' from Federal Highway and 30 ' from NE 2nd Street ( Dania code prohibits off-site directory signs) . 3 L� 5 ` , \ 7 7 . SPECIAL REQUESTS 7. 1 Seaside Group, Inc. requests permission to file petition to vacate alley lying west of the Glen-Lauren Homes plat, and to waive replatting requirements . i 7.2 Seaside Group, Inc. requests permission to place temporary construction trailer on the Glen-Lauren Homes site . 7. 3 Request by Broward School Board to waive plan review fees for Olsen Middle School . !€ S 7. 4 Request approval of consultant ranking for purpose of negotiating a i proposal to study the Dania Pier rehab project . f 8 . APPOINTMENTS j 8 . 1 The Police and Firefighters Retirement System requests that Rholanda Higgs-Rule be removed from the Board and that another member be appointed. (continued from 3/13/90 ) 8.2 Appointment of Lt . Tom Carney as B.S.O. District Commander to replace Capt. Ralph Hernandez . 9 . DISCUSSION 9 . 1 Recommendation by I .T. Parker Trust Fund Committee to place current A � funds in an interest bearing perpetual care fund for the Parker Community Center. j 9 . 2 Status report on the Flag Committee . (Commissioner Cook) 9 . 3 Discussion regarding Ft . Lauderdale sewage sludge plant . { (Vice-Mayor Mikes) E l 9 . 4 Discussion regarding local incinerator projects in and about Dania. (Vice-Mayor Mikes) 9. 5 Discussion regarding the need for a minimum housing code. (Commissioner Cook) 9. 6 Discussion regarding amendment to fence ordinance . (Commissioner Cook ) 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 .2 City Attorney j 5 _ _ 1 a ` f° I , PUBLIC HEARINGS (continued) 4. 5 Petitioner - Attorney Richard Seay; Owners - Roy Jones & Luther Jones ; property located on the NE corner of NW 7 Avenue and NW 2 Street Public Hearing - VA-15-90 - A variance is requested to permit the following : e A) Construction of a duplex on Lot 22 with: 1 ) 51 ' frontage (60 ' required ) 2 ) 5600 square feet ( 6,000 required) r B) Construction of a duplex on Lot 23 with : 1 ) 51 ' frontage (60 ' required) } 2 ) 5600 square feet ( 6, 000 required) i 4 .6 Petitioner - John Ligotti ; Owner - Louis & Dorothy Lavrich; j property located north of Sheridan Street and east of SE 5 Avenue Public Hearing - LU-92-89 - Adoption of resolution authorizing the transmission of a land use plan change is requested to amend the certified land use plan from Estate ( 1 ) Residential to Medium ( 16 ) Residential . Administrative Ordinances (second reading) 4 .7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND �r RETIREMENT" TO CHANGE THE AMOUNT OF THE MONTHLY RETIREMENT BENEFIT j FOR FIREFIGHTERS AFTER OCTOBER 1 , 1989, CHANGING THE AMOUNT OF EMPLOYEE CONTRIBUTIONS TO FUND SUCH BENEFITS , 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 j CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT TO FLORIDA STATUTES CHAPTER 403, PART IV, AND SECTION 2. 5 OF THE SOLID WASTE DISPOSAL AGREEMENT DATED j AUGUST 19, 1988, AS AMENDED BY LETTER AGREEMENT DATED FEBRUARY 15, 1989, AND THE CONSENT AND AGREEMENT DATED AS OF FEBRUARY 1 , 1990 , BY AND BETWEEN THE CONTRACT MUNICIPALITIES AND REUTER RECYCLING OF FLORIDA, INC; DIRECTING THE DELIVERY OF ALL SOLID WASTE GENERATED WITHIN THE CONTRACT MUNICIPALITIES TO THE RESOURCE RECOVERY SYSTEM DESCRIBED HEREIN; RELINQUISHING TITLE TO SOLID WASTE COLLECTED OR GENERATED WITHIN THE CONTRACT MUNICIPALITIES UPON DELIVERY OF SUCH SOLID WASTE TO SAID RESOURCE RECOVERY; 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 I CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. " 5 . SITE PLANS - none I 6. EXPENDITURE REQUESTS 6. 1 Request by Michael Moskowitz for property owned by the Cassone i family to pay a portion of the drainage cost for property in the vicinity of SE 4 Avenue and 3 Place with the City also paying a portion of the total cost . 4 p f f f ;r e i 1 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 i fi I ! f i I f I i i i 6 , x Y T 77 A ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MARCH 27, 1990 8:00 P.M. k DISCUSSION (continued) 9. 7 Discussion and possible action on revisiting the Special Exception for adult congregate living units granted to Sheridan Club, 300 Sheridan Street , on September 24 , 1985. (Commissioner Bertino) i I i� I � L' S v�4 i Y 1 F7 , , CITY OF DANIA INTER-OFFICE MEMORANDUM TO: Robert Flatley, City Manager FROM. Will Allen, Growth Management Director W � DATE: March 1.4 , 1990 RE: Sheridan Club - 300 Sheridan Street i Recently, there have been questions concerning a time limit for the approval which granted permission to construct 243 adult congregate living units at 300 Sheridan Street. In checking the records for the review of the project , I can find no record of any sort of time limitation. Also, there is no general time limitation in the zoning ordinance . The City of Dania took six seperate actions in 1.985 and 1.986 approving the proposed use . A plat was approved for the !i 4 . 9507 acre site on April 23, 1985. A text change was made to the Zoning Ordinance on August 27, 1.985 permitting adult congregate living units as a special exception in the RM-2 district. The property was rezoned to RM-2 on September 1.0, f 1.985. At the September 10 , 1.985 meeting , the Comprehensive Plan was amended to show the site as Irregular Residential 49 f on the land use map. On September 24 , 1.985, a special exception in the RM-2 district was granted for the congregate �., living units . Finally, the site plan was approved on January 14 , 1986 for 243 living units. i As stated earlier, the minutes of the City Commission meetings do not indicate there are any time limitations on the approval . There are no tapes of the meetings to review as all tapes prior to October 1986 have been destroyed . Therefore, there does not seem to be any way to revisit the issue as approvals are already in place. i i cc: Frank Adler, City Attorney f 1 z i