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HomeMy WebLinkAboutRegular Meeting (43) MINUTES REGULAR MEETING DANIA CITY COMMISSION FEBRUARY 9, 1982 Invocation by Reverend Francis O'Connor Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Cook, seconded by Commissioner Adams to approve the minutes of the regular meeting January 26, 1982, the special meeting January 19, 1982, and the workshop meeting January 19, 1982. The motion passed unanimously. Mayor Bertino informed the audience that there are two non-agenda items that will be added at the end of the agenda. 2. Public Hearings: a) Mayor Bertino opened the public hearing on the continuation of the special exception request by Atlanta Intercel for the property lo- cated at 118 NW Park Street to allow the storage of waste paper in a C-3 (commercial ) zoning classification. Mr. Charles Blackledge representing Atlanta Intercel stepped forward to explain that this company needs extra storage space and requested approval . After hearing Building Official Maxwell explain that the Planning & Zoning Board recommended that landscaping be added, that the trailers be parked in the rear, and that this be valid for just one year, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve this special exception request for Atlanta Intercel for the property located at 118 NW Park Street to allow the storage of waste paper in a C-3 (commercial ) zoning classification with the following stipulations: that landscaping be put in, that trailers be parked in the rear (east side of the building), that they paint the-building; and that this is only valid for one year. The motion passed unanimously. b) Mayor Bertino opened the public hearing on a request by U.S. Lend Lease, Inc. , to vacate a right-of-way located on the Northeast corner of Sheri- dan Street and Southeast 5th Avenue. fir. Larry Brown representing U.S. Lend Lease, Inc. , stepped forward to ask approval of this vacation of right-of-way. Mayor Bertino hearing no one speak in favor or opposi- tion, then closed the public hearing. Discussion followed concerning'the City's desire to obtain a 30' right- of-way in the U.S. Lend Lease Plat N1 property. Mr. Brown informed the Commission that the U.S. Lend Lease Plat N1 property is not owned by U.S. Lend Lease but by FGI Fidelco Co. , therefore, U.S. Lend Lease cannot approve or disapprove of this right=of-way. He also explained that his Regular Meeting -1- February 9, 1982 request for the vacation of the right-of-way located on the Northeast corner of Sheridan Street and Southeast 5th Avenue has nothing to do with the U.S. Lend Lease Plat N1 and that these two issues should be discussed separately. After lengthy discussion, a motion was made by Commissioner Donly, se- conded by Commissioner Cook to grant the request by U.S. Lend Lease, Inc. , to vacate a right-of-way located on the Northeast corner of Sheridan Street and Southeast Fifth Avenue (501 East Sheridan Street). The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-no Commissioner Cook-yes c) Mayor Bertino then opened the public hearing on a request by U.S. Lend Lease, Inc. for plat approval of the proposed Plat of "U.S. Lend Lease Plat No. Three" generally located at 501 East Sheridan Street. City Attorney Adler then read the title of the ordinance approving this proposed plat. City Attorney Adler informed the Commission that in reference to the road right-of-way previously discussed, U.S. Lend Lease is also giving utility easements. - Nearing no one speak in favor or opposition of. this plat approval , the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt on first reading the ordinance approving the Plat of "U.S. Lend Lease Plat No. Three" generally located at 501 East Sheridan Street with the amendment to show a dedication of a 30' 'right-of-way on the north •edge of the property. The motion passed unanimously. d) A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue the request by Dominick Scotto for the property located at 1121 South Federal Highway to allow a multi-family and commercial development in an RD-6000 (duplex) and C-3 (commercial) zoning classifi- cation until the Planning and Zoning Board can make a recommendation to the City Commission. The motion passed unanimously. e) Mayor Bertino opened the public hearing on a variance request by Gary E. Southworth for the property located at 629 Northeast Third Street to allow a small law office to service clients in maritime and general legal matters with one attorney and one secretary in an exisitng commer- cial marina structure. Mr. Southworth stepped forward to request approval of this variance. After hearing no .one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to grant this variance request to Gary E. Southworth for the property located at 629 Northeast Third Street to allow a small law office to service clients in maritime and general legal matters with one attorney and one secretary in an existing commercial marina structure. The motion passed unanimously. 3. City Attorney Adler informed the Commission that at the January 26th, 1982, Commission meeting they approved the Water and Sewer Agreement between Motel 6, Inc. , and the City of Dania and that now he would like them to consider adopt- ing a resolution approving the Escrow Agreement as provided for in the Water and Sewer Agreement. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt the resolution approving the Escrow Agreement for the Water and Sewer. Agreement between Motel 6 and the City of Dania. The motion passed unani- mously. �„ Regular Meeting -2- February 9, 1982 4. Building Official Maxwell stepped forward to report on the zoning change for land lying between Dixie Highway and Stirling Road, from Phippen Road east to the F.E.C. railroad right-of-way. He informed the Commission that this area is zoned Industrial General and that the Planning and Zoning Board has recommended that this area be changed to Industrial Restricted, because it would give the Planning and Zoning Board and the Commission more control over whet would be built in this area. City Manager Marant added that he feels site plans should be submitted along with any other information for the Commissions review prior to any action being taken for building warehouses. After further discussion, a motion was made by Commissioner Donly, seconded by Commissioner Cook to proceed with public hearings at the Planning and Zoning Board for this recommended zoning change from Industrial General to Industrial Restricted. Commissioner Donly amended his motion by directing the Planning and Zoning Board to proceed with public hearings for this recommended zoning change from Industrial General to Industrial Restricted, Commissioner Cook seconded this motion. The motion passed unanimously. Upon Commissioner Byrd's request, City Manager Marant assured the Commission that the Human Relations Board members would ,be notified- of these public hearings. 5. Mr. Rubin representing Seascoast Sanitation, stepped forward to request an increase to the garbage contract due to the County implementing a 33 1/3% increase in land fill rates being charged at the Broward County dump. City Manager Marant informed the Commission that there has not been any money set aside for this type of increase in this years budget, but he realizes that Seacoast Sanitation was not aware of this increase when they presented their proposal . He .recommended the Commission consider giving Seacoast Sanitation relief by granting an increase of $600.00 per month starting June':lst through September 30th after the mid-year budget revisions are done in May. He explained that this would be an increase in the contract of $3,600.00 not contemp3ating any increase to residential or any other consumer that Seacoast is serving. Mr. Marant added;ithensecond part of his recommendation by suggesting that at the beginning of the fiscal year in October, he could address this issue on what increases there will be in garbage fees and what the City's financial position will be for the .next budget year, instead of waiting until the middle' of the budget year in May of 1983 when the Garbage Contract will be up. The Commission stated their disagreement to approving any increase and rio action was taken. 6. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt the resolution approving the transfer of maintenance of Northwest Tenth Street and Stirling Road crossing signals from F.E.C. railroad to Broward County. The motion passed unanimously. 7. City Attorney Adler read the title of an ordinance dedicating rights-of-way for Northwest Tenth Street and Federal Highway. A motion was made by Commissioner Cook, seconded by Commissioner Adams to continue this ordinance until technicalities can be worked out with the county on the airport expansion project. The motion passed unanimously. Regular Meeting -3- February 9, 1982 8. Attoney David Graham representing Marine Conversions stepped forward to inform the Commission on the progress that has been made in the past 15 months for construction of Houston Park. Mr. Graham explained the lengthy procedures that Marine Conversions has had to endure with the Department of Environmental Regulation and the Army Corps of Engineers in this last year. He added that there were title problems when they made their survey and that deeds are being circulated to get signed by trustees of Hollywood Inc. , deeding a portion of this property belonging to them over to the City of Dania with no cost to the City. Mr. Graham requested that a de- lay be granted in the commencement deadline for construction until he has obtained the plat approval from the County. He added that this should be sometime in June or July of 1982. Mr. Graham informed the Commission that he expects to submit to the City Attorney a Financial Guarantee to complete this project in the next 14 days. After further discussion, a motion was made by Commissioner Donly, seconded by Commissioner Byrd to grant the request by Marine Conversions for extension of commencement of construction deadline for 120 days from the deadline date of March 1st, 1982. The motion passed on the following roll call with Mayor Bertino voting no. Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-no Commissioner Cook-yes 9. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt a resolution approving change for City Employees' credit union from Peoples Credit Union to Ft. Lauderdale Credit Union. The motion passed unanimously. 10. Citizens' comments: Mr. Tom Sette stepped forward to discuss with the Commission the details of submitting his bid for the garbage contract 18 months ago and commended the Commission for standing by the contract and not. granting an increase in fees. Mr. Paul Di Mao stepped forward to explain his concerns for the recent articles that have been written about Dania. He informed the Commission that he wrote a letter to Commissioner Cook requesting that something be done to stop the accusations that are being said against Dania in the. news media. 11. Mayor Bertino read a proclamation proclaiming March 1982 as"Lions Eye Bank Month". 12. Mayor Bertino read a proclamation proclaiming February 21 through February 27, 1982, as "National Engineer's Week". (Item 13. Administrative reports: #11 on agenda) City Manager Marant reported on the progress that has been made concerning the meetings with the County concerning the airport expansion project. He informed the Commission that there has been nothing done since the public hearing January 27, 1982, at the Department of Transporation Auditorium. He suggested that some form of public hearings should be set before the regularly scheduled Commission Meeting of February 23, 1982, with the public. Mayor Bertino informed the Commission that he had recently spoke with, Mr. Joel Volinsky who informed him that plans have been presented to the head Administrator of the County on this project, and that Mr. Volinsky would advise the City sometime the end of this week on what has been approved. Regular Meeting -4- February 9, 1982 City Attorney Adler reported that he has filed a motion to abate the suit that was filed by the Dania Shopping Center. (Item 14. Commission comments: N12on agenda) A motion was made by Commissioner Byrd, seconded by Commissioner Donly to directrCity Attorney Adler to draw up a resolution commending and welcoming President Moore, Bethune Cookman College who will be speaking to graduates in the county in the next few weeks and to adopt this resolu- tion. The motion passed unanimously. Commissioner Donly informed the Commission that he feels the It sales tax will be approved, and expressed to the audience to notify their legislators to request that this sales tax come back to the local governments to be used for property tax relief. Meeting adjourned, f AYOR-COMMISSIONER CITY CLERK-AUDITOR Regular Meeting -5- February 9, 1982 1 AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 9, 1982 8:00 P.M. MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT Any person who decides to appeal any decision made by the Dania City Commission with respect to any matter considered at this meeting or hearing will need a record of the j proceedings, .and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Invocation by Reverend Francis O'Connor. Pledge of Allegiance. Roll Call . 1. Approval of the minutes of the regular meeting of January 26, the special meeting of January 19 and the workshop meeting of January 19, 1982. 2. Public Hearings : a) Continuation of special exception request by Atlanta Intercel for the property located at 118 Northwest Park Street to allow the storage of waste paper in a C-3 (commercial) zoning classification. The Planning and Zoning Board recommended approval of this request for a period of one year only with the stipulation that landscaping be put in and that the trailers be parked in the rear. (PZ-54-81) b) Request is made by U.S. Lend Lease, Inc. to vacate a right-of-way located on the northeast corner of Sheridan Street and Southeast Fifth Avenue (501 East Sheridan Street). The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-1-82) c) Request is made by U.S. Lend Lease, Inc. for plat approval of the proposed plat of "U.S. Lend Lease Plat No. Three" generally located at 501 East Sheridan Street. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-2-82) d) Request is made by Domenick Scotto for the property located at 1121 South Federal Highway to allow multi-family and commercial development in an RD-6000 (duplex) and C-3 (commercial) zoning classification; to allow cars to back into the street from side parking spaces and to allow greater density than allowed by the zoning classification. The Planning and Zoning Board tabled this item until the site plan can be revised. EXHIBIT: Notice of Hearing (PZ-3-82) e) Variance request is made by Gary E. Southworth for the property located at 629 Northeast Third Street to allow a small law office to service clients in maritime and general legal matters with one attorney and one secretary in an existing commercial marina structure. Subject property is zoned a` RS-8000 (single family residential ). The Planning and Zoning Board recom- mended approval of this request. EXHIBIT: Notice of Hearing (PZ-4-82) 3. Consideration of adoption of resolution approving Escrow Agreement as provided for in the Water and Sewer Agreement between Motel 6, Inc. and the City as approved by Resolution No. 438, dated January 26, 1982. EXHIBIT: Resolution 4. Report and recommendation on zoning change for land lying between Dixie Highway and Stirling Road, from Phippen Road east to the F.E.C. railroad right-of-way. 5. Discussion and recommendation regarding request by Seacoast Sanitation for increase to garbage contract. 6. Consideration of adoption of resolution approving the transfer of maintenance of Northwest Tenth Street crossing signals from F.E.C. railroad to Broward County. EXHIBIT: . Resolution forthcoming 7. First reading of ordinance dedicating rights-of-way for Northwest Tenth Street and Federal Highway. EXHIBIT: Ordinance forthcoming S. Discussion and possible action on request by Marine Conversions for extension of commencement of construction deadline. EXHIBIT: Letter from Attorney David Graham 9. Adoption of resolution approving change for City employees' credit union from Peoples Credit Union to Ft. Lauderdale Credit Union. EXHIBIT: Memorandum 10. Citizens' comments. 11. Administrative reports. a City Manager b; City Attorney 12. Commission comments. a) Mayor Bertino b)) Vice-Mayor Byrd c) Commissioner Adams d)) Commissioner Cook e) Commissioner Donly i ,. Regular Commission Agenda -2- February 9, 1982 a _ 4t.1 NON AGENDA ITEMS 1. Proclamation proclaiming March 1982 as Lions Eye Bank Month. EXHIBIT: Proclamation 2. Proclamation proclaiming February 21 through February 27, 1982, as "National Engineer's Week". EXHIBIT: Proclamation i February 9, 1982