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Home My WebLink AboutNULL (94) 4 ) { {1 MINUTES DANIA CITY COMMISSION REGULAR. MEETING MARCH 13 , 1984 INVOCATION: Mayor Byrd PLEDGE OF ALLEGIANCE ROLL CALL : Present : Mayor: Chester A. Byrd Vice-Mavor: John Bertino Commissioners: James Adams Jean Cook Robert Donly City Attorney: Frank Adler Deputy City Manager : Eugene Jewell City Clerk: Wanda Mullikin Police Chief : Rudolf Rigo Buildincr Official : Paul Maxwell 1. CONSENT AGENDA Minutes 1 . 1 February 28 , 1984 , Regular Meeting ;I Resolutions 1 . 2 A Resolution providing for the closing of the agenda for each meeting of the City Commission: and providing requirements in connection with items to be placed on the agenda; and providing for delivery of the agenda to i the City Commissioners was read by Mayor Byrd. 1 . 3 A Resolution supporting the Reef Preserve Proposal Statement as promulgated by Week of the Ocean, Inc. was read by Mayor Byrd. Ordinances (first reading) 1.4 The title of an Ordinance rezoning that portion of the W 1/2 of the SW 1/2 of the SW 114 of the SW 1/4 of Section 34 , Township 50 South, Range 42 East , Broward County, Florida, lying within 340 feet of the south line of said Section 34, less right-of-way for Stirling Road, from zoning classification of RM-12 to C-4 zoning classifica- tion under the provisions of Ordinance No. 100 of the Citv of Dania, Florida, as subsequently amended was read for first reading by Mayor Byrd. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the consent agenda. The motion passed on the following roll call vote : Commissioner Adams-ves Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2. PUBLIC HEARINGS March 13 , 1984 Regular Meeting 1 h � c I a4µ t I .. - iFeS.:lC1f4Y�, v 1 { i , i Variances 2. 1 PZ-06-84, Muriel F. Swezey, 50 SE 13th Street Muriel Swezey stepped forward to request a variance to build a duplex on a lot of insufficient width, square footage and with an insufficient street side set-back in an RD 6000 (Residential-Duplex) zoning classification. Building Official Maxwell explained that the duplex requested would meet the street side set-back requirements if the petition to vacate a right-of-way (PZ-07-84) on the agenda is granted, but, the square footage would still be lacking. He stated that the Planning and Zoning Board recommendation is to grant the variance request with the provision that landscaping be provided. Mayor Byrd opened the public hearing. Hearing Bob Mikes speak in opposition and the construction contractor speak in favor. the Mayor closed the public hearing. During discussion, it was determined that a hardship exists due to the fact that the property is zoned duplex, but the lot is too narrow to meet the new zoning_ requirements that were put into effect long after the plat was approved. A motion was made by Commissioner Donly, seconded by I r Commissioner Cook to grant the variance request by Muriel F. Swezey with the stipulation that landscaping be provided and subject to the approval of the petition to vacate the right-of-way (PZ-07-84) . The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes j 2 . 2 PZ-08-84 , Jacques A. Gallet , 374 SW 4th Court Jacques A. Gallet ' s son stepped forward to explain the variance request to allow construction of a loading dock jin a required side set-back area, in an IR ( Industrial Restricted) zoning classification to unload container trucks to storage in existing warehouses . The Planning and Zoning Board recommendation is to grant the variance request with the following stipulations: f 1. Landscape south and west side of I ram of buildin 4• P, and east side 2. Work hours to be between 8 a.m. and 5 p.m. , Monday through Friday. i Mayor Byrd opened the" Y Y P public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to grant the variance request by k: Jacques A. Gallet with the stipulations of the Planning and Zoning Board recommendation. The motion passed on the following roll call vote: .« if iRegular Meeting 2 March 13 , 1984 r +n 6 /E I ey ��.firiyy'�g; x�t VV+ T C � yt i Commissioner Adams-ves Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes l 2.3 PZ-10-84 , B.J. Cobb, 248-50 SW 6th Street B.J. Cobb stepped forward to request a variance to allow construction of two duplexes on two lots of insufficient width, in an RD 6000 (Residential-Duplex) zoning classification, explaining that he intends to tear down the old frame house that is currently situated in the middle of the two lots and that the square footage of each lot is sufficient for duplex purposes . Building Official Maxwell explained that the Planning and Zoning Board recommendation is to grant approval with the stipulation that two trees and shrubbery be placed around the parking area on each lot . { Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. t A motion was made by Commissioner Adams , seconded by Commissioner Donly to grant the variance request by B.J. Cobb with the stipulation that two trees and shrubbery be placed around the parking area on each lot. Vice-Mayor Bertino commented in opposition, stating that a hardship was not proven to his satisfaction and called for a roll call vote. The motion passed on the following roll call vote: Commissioner Adams-ves Vice-Mayor Bertino-no Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.4 PZ-11-84 , Frank R. Hill , 14 SW 7th Avenue Frank R. Hill stepped forward to request a variance to j allow construction of a duplex on a lot of insufficient width and square footage, and also with insufficient front and rear set-backs , explaining that the land is of } irregular shape and land-locked by existing houses on 1 both sides. Mayor Byrd opened the public hearing. Hearing Bob Mikes speak in opposition, the Mayor closed the public ]� hearing. 7 A motion was made by Commissioner Adams , seconded by Commissioner Cook to grant the variance request by Frank R. Hill. The motion passed on the following roll call ( vote: Commissioner Adams-ves Vice-Mayor Bertino-yes ! Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Petition to Vacate a Right-of-Way 2.5 PZ-07-84, Muriel F. Swezey, SW corner of SE 13th Street 4 I' and SE 2nd Avenue L Regular Meeting 3 March 13 . 1984 4 0 bw Y I a Muriel Swezey stepped forward to explain the request to vacate a right-of-way. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. t A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to ap prove pprove the petition of Muriel F. Swezey and adopt a Resolution to vacate the right-of-way located on SE 2nd Avenue, at the SW corner of the intersection with SE 13th Street , legally described as a strip of land 10 feet in width, lying immediately east of and parallel to the east line of Lot 25, St. James Park Delmar. The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes I 3. SITE PLANS i 3 . 1 SP-05-84 , Victory Villas , Inc. , 904 NW 3rd Ave. , Ft. ' Lauderdale j Charles Johnson stepped forward to request site plan i approval for a 12 unit living facility for the elderly ' and handicapped at Dania Beach Boulevard and 8th Avenue. The Planning and Zoning Board recommendation is to �r approve the site plan with the following stipulations: 1 . Enclose dumpster pad. 2 . Indicate sidewalk on SW 8th Avenue. 3. Add an additional 6 trees to comply with Landscape Ordinance. Building Official Maxwell informed the Commission that the site plan, as resubmitted, meets those requirements. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant site plan approval to Victory Villas, Inc. The motion passed unanimously. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to accept "known as the North portion of Block 2 of Henry Park" as the address for the Victory Villas site plan. 4. BIDS i 1 1 4. 1 Recommendation on bids for installation of new water f line on Fronton Boulevard Deputy City Manager Jewell reported that John Calvin, !! City Engineer, recommends the bid for installation of the new water line on Fronton Boulevard running from the alley north of Caribank south to Dania Beach Blvd. be i awarded to the low bidder , R.J. Sullivan Corp. , Pompano Beach, Florida, in the amount of $13,040. 00, and that - 1 the City Manager recommends approval. i Recrular Meeting 4 March, 13 , 1984 tir f i'1 41 PA ofAYr r t _ �Ntr nrr p i r I i A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the City Manager ' s recommendation. The motion passed unanimously. t 5. APPOINTMENTS (Adoption of Resolution) f 5. 1 Recreation Committee i Mayor Byrd announced that item 5 . 1 was withdrawn from the agenda at the request of Commissioner Cook until the next regular Commission meeting of March 27 , 1984. 5. 2 Unsafe Structures Board A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to adopt a resolution appointing Jack Bradley, John Vollman and Leroy Crouch to the Unsafe Structures Board. The motion passed unanimously. 6. DISCUSSION i 6. 1 Request by John Bond to waive platting procedure for strip of land located in the NW 1/4 of Section 26, Township 50 South, Range 42 East in order to request vacation of the road right-of-way. John Bond, Attorney, stepped forward to explain the request to waive platting procedure per the Building Department ' s advice. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to waive the platting procedure for a strip of land located in the NW 1/4 of Section 26, Township 50 South, Range 42 East and refer the application for vacation to the Planning and Zoning i Board. 6. 2 Request by Land 'N' Sea Distributing, Inc . for approval to vacate non-vehicular access line at 180 Bryan Road City Attorney Adler reported that after plat approval by the City of Dania, Broward County placed the access line on the East end of it and now Commission approval is requested to remove the access line from the plat, as approved by the Broward Development Review Committee. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to approve the vacation of the non-vehicular access line by Broward County. The motion passed unanimouslv. * At this time, Mayor Byrd presented a Proclamation recognizing March 11, 1984 through March 17, 1984, as Drug Prevention and Education Week. Tobie Rozelle , Chairperson of ADAPT, (Association for Drug Abuse Prevention and Treatment ) , received the proclamation and commented on the programs of ADAPT. I ** ( CITIZENS' COMMENTS Agenda was addressed at this time . ) i 7. ADMINISTRATIVE REPORTS 7. 1 City Manager Regular Meeting 5 March 13, 1984 i 71 City Engineer , John Calvin, reported on the status of the sewer rehabilitation project and requested a wo rkshop meeting to view the pipeline inspection report. He proposed that the project be divided into two phases in order to facilitate applying for a grant for the second phase while instituting the first phase. z After discussion, a Workshop meeting was scheduled for Tuesday, March 20 , 1984, at 3:30 p.m. to discuss the sewer rehabilitation project . Deputy City Manager Jewell reported that the 14th Avenue bridge is completed. 7. 2 City Attorney - no comment. 8. COMMISSION COMMENTS I 8. 1 Commissioner Adams commented on his trip to the Middle East. 8. 2 Commissioner Cook reported that the installation of the traffic light at Fronton Boulevard and Dania Beach Boulevard will be completed in approximately six months. 8.3 Commissioner Donly commented on House Bill 4103 . the Cable TV Bill . 8.4 Vice-Mayor Bertino commented on the month of March being .. I Friends of the Library Month. i 8. 5 Mayor Byrd commented on his trip to Washington. 9. CITIZENS ' COMMENTS *A (Addressed before item 7 ) i 1. Mrs. Zimmerman to address the Commission regarding trash on SE Third Avenue at shopping center; pot holes ; and the possibility of making SE Third Avenue and SE Second Avenue one-way streets. -d...� Mrs. Zimmerman commented on the rubbish problem and suggested posting notices of $100. 00 fines for littering at the shopping center. She then commented on the pot holes and traffic problems at her home at the corner of Park and Third Avenue. Deputy City Manager explained that in response to a previous similar complaint selective traffic enforcement was attempted and the code enforcement officer has also acted on the trash complaint. He assured Mrs. Zimmerman that the pot holes would be taken care of . Administration was directed to survey ingress and egress of traffic at SE Third Avenue and SE Second Avenue. I 2. Request by Robert Heekin to discuss a problem regarding `I the City' s relationship with its present towing contractor, Mac' s Towing. Personal appearance by Mr. ! Robert Heekin. Robert Heekin, a marine surveyor representing Boat U.S. i Insurance Co. , commented on a problem with Mac ' s Towing. Upon the advice of City Attorney Adler, Mr. Heekin was informed that his is a legal matter which cannot be i �I I Regular Meeting 5 I March 13 , 1984 �p 4 t h � , i t acted upon at this Commission meeting. He was advised to see an attorney. A motion was made and seconded to adjourn this Regular Commission Meeting. The motion passed unanimously. f i MAYOR-COMMISSI i CITY CLERK UDITOR i i i i f( I i I i Ei 4 i Regular Meeting 7 March 13 , 1984 9 I NDA DANIA CITYECOMMISSION REGULAR MEETING MARCH 13, 1984 8 : 00 P.M. Invocation Pledge of Allegiance Roll Call 1 • CONSENT AGENDA Minutes 1.1 February 28, 1984, Regular Meeting Resolutions 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE CLOSING OF THE AGENDA FOR EACH MEETING OF THE CITY COMMISSION- AND PROVIDING REQUIREMENTS IN CONNECTION WITH ITEMS TO BE PLACED ON THE AGENDA; AND PROVIDING FOR DELIVERY OF THE AGENDA TO THE CITY COMMISSIONERS . AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. " �. 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SUPPORTING "REEF PRESERVE" PROPOSAL. Ordinances (first reading) 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT: THAT PORTION OF THE W 1/2 OF THE SW 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LYING WITHIN 340 FEET OF THE SOUTH LINE OF SAID SECTION 34, LESS RIGHT-OF-WAY FOR STIRLING ROAD, SAID LANDS . ,� SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RM-12 TO C USER THE PROV -4 ZONING CLASSIFICATION DANIA, FLORIDA ISIONS OF ORDINANCE NO. 100 OF THE CITY OF , AS SUBSEQUENTLY AMENDEDD ALL ORDINANCES OR PARTS OF ORDINANCES, iND AALLROVIDING RESOLUTIONST OR PARTS OF RESOLUTIONS IN CONFLICT THE EXTENT OF SUCH CONFLICT HER BE REPEALED TO DATE. " AND PROVIDING FOR AN EFFECTIVE; 2 . PUBLIC HEARINGS Variances 2. 1 PZ-06-84, Muriel F. Swezey, 50 SE 13th Street 2.2 PZ-08-84, Jacques A. Gallet , 374 SW 4th Court 2.3 PZ-10-84, B.J. Cobb, 248-50 SW 6th Street 2.4 PZ-11-84, Frank R. Hill, 14 SW 7th Avenue Petition to Vacate a Right-of-way 2 .5 PZ-07-84, Muriel F. Swezey, southwest corner of SE 13th ' Street & SE 2nd Avenue } 1 �r 3 . SITE PLANS 3. 1 SP-05-84, Victory Villas , Inc . , 904 NW 3rd Avenue 4. BIDS 4.1 Recommendation on bids for installation of new water line on Fronton Boulevard. 5. APPOINTMENTS (Adoption of Resolution) 5.1 Recreation Committee 5.2 Unsafe Structures Board 6. DISCUSSION 6.1 Request by John Bond to waive platting procedure for strip of land located in the NW 1/4 of Section 26 , Township 50 South, Range 42 East in order to request vacation of the road right-of-way. 6.2 Request by Land 'N' Sea Distributing, Inc . for approval to vacate non-vehicular access line at 180 Bryan Road. 7. ADMINISTRATIVE REPORTS 7.1 City Manager 7.2 City Attorney 8. COMMISSION COMMENTS 8.1 Commissioner Adams 8.2 Commissioner Cook 8.3 Commissioner Donly 8.4 Vice-Mayor Bertino 8.5 Mayor Chester Byrd 9. CITIZENS' COMMENTS - Comments by Dania citizens or other interested parties that are not 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) Tuesdays 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. *Emergencies may be given to the Mayor, City Commission or City Manager prior to the beginning of the meetinc. 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 i { l s , I 1 AGENDA DANIA CITY COMMISSION CITIZENS' COMMENTS MARCH 13, 1984 1. Mrs. Zimmerman to address the Commission regarding trash on SE Third Avenue at shopping center; pot holes; and the possibility of making SE Third Avenue and SE Second Avenue one-way streets. i 2. Request by Robert Heekin to discuss a problem regarding the City's relationship with its present towing contractor: Mac ' s Towing, Personal appearance by Mr, Robert Heekin. I i i I i I ! { i i i i i f i i I x r7 j t _ if t �i'5}'F y�PWjY xr ay,KF t