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Home My WebLink About31297 - MINUTES - City Commission MINUTES DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 24, 1987 I INVOCATION - Vice Mayor Jean Cook PLEDGE OF ALLEGIANCE i i ROLL CALL: Present - Mayor: Chester Byrd Vice Mayor: Jean Cook Commissioners: John Bertino Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell PRESENTATIONS - none 1 . CONSENT AGENDA Minutes 1 . 1 November 10, 1987, Regular Meeting Resolutions _ 1 .2 The title of a resolution authorizing the transmission of the Dania Inclusion Plan to the Broward County Planning Council was read by City Attorney Adler. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 2. PROCLAMATIONS - none 3. BIDS 3. 1 Request authorization to advertise for bids for trash truck. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to deny the request. The motion to deny passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building s Zoning * i (At this time, agenda items 4 . 5 and 4. 6 were addressed. ) F 4. 1 Petitioner: Attorney A.J. Ryan, Jr. ; Owner: Baer's Furniture f i Company, Inc. ; property located at 1025 So. Fed . Hwy. j PUBLIC BEARING - VC-62-86 - Request approval of resolution vacating alley right-of-way, Regular Commission Meeting 1 I November 24, 1987 A.J. Ryan stepped forward to explain the vacation request . The P&Z Board recommended approval to vacate the south 1/2 of the alley, but the request is for the whole alley between SE loth Terrace and SE llth Street. Fire Chief Grammer reported on the options with regard to fire safety. Commenting in opposition to vacating the property before the variance that will be necessary to utilize that property is ' applied for and granted , Commissioner Bertino made a motion, seconded by Commissioner McElyea to table. The motion failed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-no Commissioner Hirsch-no Mayor Byrd-no Commissioner McElyea-yes Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to adopt the resolution vacating the entire alley right-of-way (VC-62-86 ) . The title of the resolution was read by City Attorney Adler. After discussion, during which Fire Chief Grammer explained that he changed his original recommendation of vacating only half the alley to vacating the entire alley since the petitioner is willing to place a fire hydrant on the other side, the motion to adopt passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 2 Petitioner/Owner: John Johnson; property located at 201 NW 14 Way PUBLIC HEARING — VA-33-87 - Variance request to allow the construction of a duplex with; (a ) a 15 ' front yard setback ( 25' required ) ; (b) an 8 ' street side yard setback ( 15 ' required ) ; and (c) a 4500 R square foot lot ( 6000 required ) . John Johnson stepped forward to explain that the P&Z Board recommended approval of the variance request with certain changes and presented the revised plans. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue this variance request (VA-33-87) until the next regular meeting of December 8, 1987, to allow time to review the revised plan. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 3 Petitioner: Florida One Construction ; Owner: Ronald Tomecek; property located at 25 SE 4 Terrace PUBLIC HEARING — VA-51-87 - Variance request to allow the construction of a duplex : (a ) on a 4800 sq. ft . lot ( 6000 required ) ; (b) and with 44 ' frontage ( 60 ' required ) . The petitioner stepped forward to explain the variance request. Building Official Maxwell reported that they meet all the required setbacks and are providing proper parking. The P&Z Board recommended approval . L Mayor Byrd opened the public hearing. Hugo Renda, Harvey Darcy Vincent Carroll and Bob Mikes spoke in opposition, suggesting i Regular Commission Meeting 2 November 24, 1987 I i that only single residence homes should be built on undersized lots . Hearing Paul Goldstein speak in favor and comment that John Bartley received a variance for similar construction two buildings away from this, the Mayor then closed the public hearing. Commenting that the Commission already lowered the square footage standards to 6, 000 and that the practice of allowing duplexes on less than that should be stopped, Commissioner Bertino made a motion to deny the variance request. The motion died for lack of a second . Speaking for consistency, Vice Mayor Cook made a motion to grant the variance (VA-51-87) . 1 Commissioner Hirsch seconded the motion, stating for the record that this is the last time he will approve a variance request like this until a workshop can be held to decide policy regarding duplex lot size. Mayor Byrd spoke in agreement with Commissioner Bertino that the practice should be stopped now. City Attorney Adler pointed out that the area is zoned duplex, and a variance would be needed to build a single family home there . Vice Mayor Cook commented that a single family home would be inconsistent with all the duplexes in that area. Commissioner McElyea expressed the opinion that, in this case due to the commercial parking lot on that street , nobody would want to build a single family home there. j The motion to approve passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-no Commissioner McElyea-yes 4. 4 Petitioner: Charles Giller; Owner: ELE Hospitality, Inc. ; property located on Taylor Road a) PUBLIC HEARING — VA-54-87 - Variance request to construct a hotel with: (a) 213 parking spaces (220 spaces required ) ; (b) 2 loading spaces (4 required ) ; and (c) 6 stories (5 story maximum permitted ) . Charles Giller, Architect, stepped forward to explain the variance request for the Howard Johnson 's Hotel and pointed out that FAA approval has been obtained for 70 ' above grade and this , is substantially below that. The P,k2 Board recommended approval . Mayor Byrd opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to grant part (a) of the variance request (VA-54-87) . The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to grant part (b) of the variance request (VA-54-87) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes A motion was made by Vice Mayor Cook, seconded by Commissioner , L Hirsch to grant part (c) of the variance request (VA-54-87) . The motion passed on the following roll call vote: Regular Commission Meeting 3 November 24, 1987 ICommissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes b) SP-55-87 - A site plan approval is requested for the construction of a hotel . G A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the site plan (SP-55-87 ) . Building Official Maxwell reported that an access easement from the adjoining property owner has been received and he notified the petitioner that the Fire Department is recommending that the water line easement be moved into the access easement on the other side of the building. After discussion, the motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes * 4 . 5 Petitioner: Joel Gustafson; Owner: Continental Companies ; property located at 1825 Griffin Rd . PUBLIC BEARING - VA-56-87 - Variance request to allow the reduction of required parking by 753 spaces (23% ) ( 972 spaces required ) for a mixed use office-hotel development . Joel Gustafson stepped forward to explain the variance request for the Sheraton Hotel . Building Official Maxwell reported that an amendment to DRI will be required . Mr. Gustafson noted that DCOTA will be noticed regarding the DRI application. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Cook, seconded by Commissioner McElyea to grant the variance (VA-56-87) contingent upon approval by all the other governing agencies . The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes (At this time, Mayor Byrd acknowledged the presence of Representative Gustafson, Senator Ryan and Representative Allsworth in the audience. ) * 4.6 Petitioner/Owner: Airview Developers, Ltd. ; property located at 1870 Griffin Rd. PUBLIC BEARING - VC-57-87 - Request approval of resolution vacating 30 ' ingress/egress easement. Emerson Allsworth, representing the petitioner, stepped forward to explain the vacation request. The P&2 Board recommended approval . Mayor Byrd opened the public hearing. Hearing no one speak in j favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to adopt the vacation resolution (VC-57-87) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes ! Commissioner Hirsch-yes Mayor Byrd-yes L' Commissioner McElyea-yes i Regular Commission Meeting 4 November 24, 1987 F7 Administrative (second and final reading of ordinance) 4. 7 (cont 'd , from 11/10/87) An ordinance amending Section 2. 4 of the Code of Ordinances by amending the existing Civil Service Rules in their entirety. j i A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to continue the second and final reading of the ordinance until the Regular Commission meeting scheduled for January 12, 1988. The motion passed unanimously. 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner: GSD Investments, Inc. ; property located at the 5400 block of Ravenswood Rd . (cont 'd . from 11/10/87) i SP-46-87 - Site Plan Approval is requested for a commercial building in a C-4 (commercial ) zoning district. Greg Dijon, representing the petitioner/owner, stepped forward to request site plan approval . Building Official Maxwell reported that the plan now reflects the dumpster enclosure to the rear of the site per P&Z Board recommendation. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the site plan (SP-46-87) . The motion passed unanimously. i 5. 2 Petitioner/Owner: Frank Pollara; property located at 768 East Dania Beach Blvd. (cont 'd. from 11/10/87) SP-49-87 - Site Plan approval is requested to convert a restaurant/warehouse facility into a restaurant/retail facility ' and modify the existing site plan accordingly. Building Official Maxwell reported that the revised plan has not rr yet been received and the petitioner is not present at this meeting. A motion was made by Vice Mayor Cook, seconded by Commissioner McElyea to continue SP-49-87 until the next regular meeting of December 8th. The motion passed unanimously. 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Request by McDonalds Trees for Kids to sell Christmas trees in the parking lot at 1310 South Federal Hwy. w Mike Childs, Supervisor at McDonalds, stepped forward to request permission to sell Christmas trees on the back lot of McDonalds to raise money for kids in distress. A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to grant the request. The motion passed unanimously. 7. 1 (a) ADDENDUM ITEM: Request by William Winkelholz to sell Christmas trees during the month of December at 57 NE Second Street. Bill Winkelholz stepped forward to request permission to sell Christmas trees at his place of business. i A motion was made by Vice Mayor Cook, seconded by Commissioner ` j Bertino to grant the request . The motion passed unanimously. 7. 2 Request by Jean S. Morse to discuss the Michael L. Thomas project. i Jean Morse quoted from a verbatim transcript of the minutes of the July 14th Regular Commission Meeting and asked for satisfaction regarding areas of the minutes that have not been complied with and several unsettled questions . Regular Commission Meeting 5 November 24, 1987 i j t 3 Mrs . Morse said that Mr. Thomas and Mr. Klein had promised that they would stop the dredging and submit a letter of commitment if the site plan was approved. She said the dredging has not stopped, the June 14th letter of commitment received prior to that meeting was not acceptable to the Ocean Waterways Mobile Home Park representatives, and the letter of commitment promised at the July 14th meeting has not been received. Commissioner Hirsch asked City Manager Jewell to see about getting that letter as promised and to have the dredging stopped . Mrs . Morse complained that the banks have still not been repaired. In response to Mrs. Morse 's question regarding whether the plans and specs have been approved by the Building Department and was the permit pulled, City Manager Jewell said the plans and specs have not been submitted as yet and they have not applied for a building permit. Mrs . Morse said they are still on the west site in violation of the EQCB license as renewed . Mayor Byrd said he intends to check with Davie officials to see how they solved their excavation difficulties and take the same action at the next meeting. Al Spies interjected a comment that Michael Thomas made a statement that he will never stop the dredging. Mrs . Morse said the nuisance still exists and that her mobile home has shifted causing personal injury. Commissioner Hirsch asked City Manager Jewell to set up a meeting date some time next week for him to meet with Mr. Beckerman and Mr. David Klein. Kathy Kelly stepped forward to comment that Mr. Thomas said he would take care of all the damage that was done to the homes around there, but no one has been around as yet to make any assessments . She also said the water situation is critical . Mrs. Kelly asked the Commission to release her from her statement made in the past to keep this an in—city affair. -_ Mayor Byrd said if the city fails to stop the dredging at the next meeting, then the mobile home park representatives will be invited to take any action they deem necessary. _ Ira Rodin expressed his opinion that the city has been negligent in not policing the Thomas organization 's project to make them abide by the city ' s excavation ordinance or the permits issued by Broward County that allowed them to dredge in the east half and fill the west half. Hugo Renda suggested that the city consider adopting the Town of Davie 's policy of limiting dredging to 20% of a parcel . Vice Mayor Cook spoke against waiting any longer and expressed her opinion that the city should rescind the site plan approval . Commissioner McElyea, commenting on the condition of the north bank, encouraged Vice Mayor Cook to make the motion. Asking the advice of City Attorney Adler, Vice Mayor Cook was informed that any action to revoke the site plan would have to be placed on an agenda and that they can ask the Broward County Environmental Quality Control Board to revoke the permit. Respecting j Commissioner Hirsch 's request to wait until after his meeting with Mr. Thomas and Mr. Klein , Vice Mayor Cook elected not to i make a motion. 7. 3 Request from Attorney A. J. Ryan, Jr. for the City of Dania to 1 �° purchase the property owned by Michele Judith Usifer located at I 205 SW 4 Terrace . A.J. Ryan stepped forward and described Mrs . Usifer's problem j regarding the city 's operation of the sanitary sewer system's i lift station . He said that she recognizes the city's obligation I Regular Commission Meeting 6 November 24, 1987 i I to maintain a sanitary sewer system and pumping stations with it, but that maintenance of this particular station has made her house uninhabitable. He asked about the city 's position regarding determination of responsibility. A motion was made by Vice Mayor Cook, seconded by Commissioner McElyea to refer the matter to City Attorney Adler, the City Manager, City Engineer, and Public Works Director for a recommendation at the next meeting. 's 8. APPOINTMENTS - none 9. DISCUSSION - none I 10. CITIZENS ' COMMENTS No verbal or written requests for Citizens ' Comments for this night 's meeting were received. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell - no comment. 11. 2 City Attorney Adler reported on the resolving of the lawsuit and commencement of construction on the civic center. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino commented on the need to address variances and special exceptions previously granted that concern flex zones. Commissioner Bertino commented on the excellent parade and festival . 1 12.2 Commissioner Hirsch commented on the fine job done on Youth in Government day. 12.3 Commissioner McElyea commented on duplex garage rentals and City Manager Jewell was given specific addresses to check out regarding code infractions. 12. 4 Vice Mayor Cook thanked the principals, teachers and students at Olsen, South Broward, Hollywood Hills and Attucks for their participation in her Committee 's Bicentennial Youth in Government Da y and expressed appreciation to the Kiwanis Club Commissioners, and Department Heads for their cooperation in making it a success. At Vice Mayor Cook 's invitation, Harvey Darcy thanked Jack Marinaro and all those involved in the parade preparations. 12. 5 Mayor Byrd urged citizen attendance and involvement at the I Bicentennial Committee meetings i This Regular Commission Meeting was then adjourned. I i f d i MAYO -COMMISSIONER f I{ CITY CLERK-AUDITOR i i Regular Commission Meeting 7 November 24, 1987 If I { i AGENDA DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 24, 1987 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE i ROLL CALL I PRESENTATIONS i 1 . CONSENT AGENDA I Minutes 1 . 1 November 10, Regular Meeting I Resolutions 1 . 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE I TRANSMISSION OF THE DANIA INCLUSION PLAN TO THE BROWARD COUNTY PLANNING COUNCIL; AND PROVIDING THAT ALL RESOLUTIONS j OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO 1 THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS - none 3. BIDS 3 . 1 Request authorization to advertise for bids for trash truck. 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4 . 1 Petitioner - Attorney A.J. Ryan, Jr. ; Owner - Baer' s Furniture Company, Inc. ; property located at 1025 South Federal Highway Public Hearing - VC-62-86 - Request approval of resolution vacating alley right-of-way. 4 . 2 Petitioner/Owner - John Johnson; property located at 201 NW 14 Way Public Hearing - VA-33-87 - A variance is requested to allow the construction of a duplex with: ( a) a 15 ' front yard setback ( 25 ' required) , (b) an 8 ' street side yard setback ( 15 ' required) , (c) and a 4500 sq. ft. lot ( 6, 000 required) . i 4. 3 Petitioner - Florida One Construction; Owner - Ronald Tomecek; property Located at 25 SE 4 Terrace Public Hearing - VA-51-87 - A variance is requested to allow the construction of a duplex: ( a) on a 4 ,800 sq. ft. lot ( 6, 000 required ) , (b) and with 44 ' frontage (60 ' required) . 1 OF 3 J { PUBLIC HEARINGS (continued) 4. 4 Petitioner - Charles Giller; Owner - ELE Hospitality, Inc. ; property located on Taylor Road a) Public Hearing - VA-54-87 - A variance is requested to construct a hotel with: (a) 213 parking spaces (220 spaces required) , (b) 2 loading spaces (4 required) , (c ) 6 stories j (5 story maximum permitted) . b) SP-55-87 - A site plan approval is requested for the 99� construction of a hotel . 4. 5 Petitioner - Joel Gustafson; Owner - Continental Companies; property located at 1825 Griffin Road Public Hearing - VA-56-87 - A variance is requested to allow the reduction of required parking by 753 spaces ( 23%) ( 972 { spaces required) for a mixed use office-hotel development . 4. 6 Petitioner/Owner - Airview Developers, Ltd. ; property located at 1870 Griffin Road Public Hearing - VC-57-87 - Request approval of resolution j vacating 30 ' ingress/egress easement . 4 Administrative Ordinances (second and final readings) I 4.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION i 2. 4 OF THE CODE OF ORDINANCES BY AMENDING THE EXISTING CIVIL j SERVICE RULES IN THEIR ENTIRETY BY SETTING FORTH THE PRINCIPLES AND PROCEDURES THAT ARE TO BE FOLLOWED BY THE CITY OF DANIA IN ITS PERSONNEL PROGRAM; PROVIDING FOR EXCEPTIONS TO THE PERSONNEL COVERED BY CIVIL SERVICE; PROVIDING FOR A CIVIL SERVICE BOARD; PROVIDING FOR A CLASSIFICATION AND COMPENSATION PLAN; PROVIDING FOR A SEPARATION AND DISCIPLINARY ACTION; PROVIDING FOR A GRIEVANCE PROCEDURE; PROVIDING FOR AN APPEAL PROCEDURE; 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. " (continued from 11/10/87) 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - GSD Investments, Inc. ; property located at the 5400 block of Ravenswood Road (continued from 11/10/87) SP-46-87 - A site plan is requested for a commercial building in a C-4 (commercial ) zoning district . 5. 2 Petitioner/Owner - Frank Pollara; property located at 768 East Dania Beach Boulevard (continued from 11/10/87) SP-49-87 - A site plan is requested to convert a restaurant/ warehouse facility into a restaurant/retail facility and modify the existing site plan accordingly. 6 . EXPENDITURE REQUESTS - none i 2 OF 3 I L� p. F7 r j 7. SPECIAL REQUESTS ` 7. 1 Request by (Mc Donalds) Trees for Kids to sell Christmas trees in the parking lot at 1310 South Federal Highway. 7. 2 Request by Jean S . Morse to discuss the Michael L. Thomas project. 7. 3 Request from Attorney A. J. Ryan, Jr. . for the City of Dania 1, to purchase the property owned by Michele Judith Usifer located at 205 SW 4th Terrace. i 8 . APPOINTMENTS - none I 9. DISCUSSION - none 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested 3 parties that are not a g , f part of the regular agenda should be even f in writing or communicated verbally prior to 4:00 p.m. the second f d ( 2nd) and fourth ( 4th) Monday of each month. Comments of any z 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 Commissio meeting . n during the f i 11. ADMINISTRATIVE REPORTS 11 . 1 City Manager 11. 2 City Attorney 12 . COMMISSION COMMENTS ter- 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd i ------------------------------- ' ------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT i TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE 3OF 3 I 1 _ r r i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 24, 1987 8:00 P.M. SPECIAL REQUESTS (continued) `I 7. 1 (a) Request by William Winkelholz to sell Christmas trees during the I month of December. at 57 NE Second Street { { I I, i { { i ar- i i i I i i I i i i I � r:r L a 4 1 8 Y � r