Loading...
HomeMy WebLinkAboutNULL (202) i F71 f MINUTES DANIA CITY COMMISSION REGULAR MEETING i JANUARY 27 , 1987 c 3 INVOCATION - Rev. Dr. Penny, Dania United Methodist Church PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: John Bertino E Vice Mayor: Chester A. Byrd a Commissioners : Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Captain: Tim Cates Building Official: Paul Maxwell Absent - Commissioner: Jean Cook i A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch ! to excuse Commissioner Cook from this meeting due to illness . The r motion passed unanimously. 4, 1 . CONSENT AGENDA Minutes 1 . 1 January 13, 1987, Regular Meeting. Administrative Resolutions 1 . 2 The title of a resolution designating Inspectors and Clerks to f serve as officers in the General Election of the City of Dania to be held on Tuesday, March 10, 1987, was read by Mayor { Bertino. Administrative Ordinances (First Reading ) - none Building 6 Zoning Ordinances (First Reading) - none A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to approve the consent agenda. The motion passed unanimously. t * (At this time Mayor Bertino announced that item 7. 5 was to be removed from the agenda. ) i 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS BUILDING 6 ZONING 4 . 1 Petitioner/Owner: Robert Graf. ; property located between SE 7 and 10 St. and between SE 3 Ct. and 3 Lane . PUBLIC BEARING - + VC-84-86 - Resolution Vacating all alleys in Blocks 3 and 4 of "Town and Country Estates Section One". f Maurice Berry, Land Surveyor representing the petitioner, I stepped forward to explain the vacation request for purposes of L more building area in the rear of the property while retaining 1 the use of the alley for utility purposes. Regular Commission Meeting 1 January 27, 1987 _ e 3 i Mayor Bertino opened the public Audrey Cassese speak in oppositionatongthe requested. Hearing uvacation �go Renda and commenting that service alleys should be preserved, the Mayor closed the public hearing. In response to Commissioner McElyea ' s questions on the easement and what type of homes are planned, Building Official Maxwell r reported that the City would maintain a 15 ' utility easement through there, that single-family homes in the $100,000 range k are planned. Commissioner McElyea expressed concern about garbage and trash being placed in front of the homes and cars having to park in swal.e areas if the alley is vacated . Mayor Bertino commented that although building single-family homes is very positive, service alleys increase property value, and he asked Building Official Maxwell if a variance would do. Building Official Maxwell reported that the 60 ' x 100 ' lots abutting the alley are really only short when you consider adding a pool or additional building in the rear. At this time Mayor Bertino re-opened the public hearing. Jerry Smilen , builder of the houses, said parking in swale areas should not be a problem since the 3 bedroom homes all have 2-car garages and double driveways . He stated that the buyers of the homes do not want the alley, that the alley is not contiguous to any existing alleys, and that the homeowners have expressed concerns about unlit alleyways breeding crime. Mr. Smilen also said quite a few people want swimming pools put in and he was told variances would have to be applied for on an individual basis . The The Commissioners all expressed a willingness to approve variances if applied for in this case, rather than vacating the alley. Hearing Robert Graf comment that the people who live there and don' t want the alley because of the lack of security should have more say than the people who live three blocks away and don 't like the trash, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to deny the request to vacate alleys (VC-84-86 ) . The motion to deny passed on the following roll call vote: Commissioner Hirsch-yes Vice Mayor Byrd-yes Commissioner McElyea-yes Mayor Bertino-yes 4 . 2 Petitioner: M.E. Berry; Owner: Robert R. Krilich; property located at Stirling Rd. and SW 18 Ct . (3 . 7099+ acres ) PUBLIC BEARING - ORDINANCE (2nd & final reading ) PL-33A-86 - Plat Approval request for "Krilich Plat" . (Continued from 1/13/87) Maurice Berry requested that this item be Dostooned fnr rh,--o iiionths with the understanding that if it is not activated in that time it is to be withdrawn. ! t A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to table the item (PL-33A-86 ) and if placed on the agenda again in three months it is to be readvertised. The motion passed unanimously . j 4 . 3 Petitioner: Sherwood Weiser; Owner: Sheraton Design Center f{f Hotel; property located at 1825 Griffin Rd . 4 ' E a Regular Commission Meeting 2 January 27, 1987 i I' PUBLIC BEARING - SE-05-87 - Special Exception request to allow entertainment. Thomas Scarry, representing the petitioner and owner, stepped forward to explain the request for live entertainment consisting i of a band, singers and dancers . f Mayor Bertino opened the public hearing. Hearing Gloria Madden { ask what type of entertainment is planned, to which Mr. Scarry responded it would abide by the ordinance and be conducive to the sophisticated hotel surroundings, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant the special exception (SE-05-87 ) for one (1 ) year with the provision that no nude entertainment be permitted. The motion passed unanimously. ADMINISTRATIVE ORDINANCES (Second & Final Reading) 4.4 The title of an ordinance amending Chapter 18 of. the Code of Ordinances entitled "Pensions and Retirement" , Sections 18-46 ( 1 ) , 18-46 (2 ) , 18-46(3) and 18-46 ( 10) , providing for changes in the Police and Firefighters Retirement System per Florida Statutes was read for second and final reading by City Attorney Adler. Mayor Bertino opened the public hearing. Hearing no one speak i ' in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Hirsch-yes Vice Mayor Byrd-yes Commissioner McElyea-yes Mayor Bertino-yes I 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. 1 Request authorization to expend $13, 697 to replace drainage pump at Meadowbrook . John Calvin, City Engineer, described the condition of the drainage pump and recommended the purchase of a new 27" Farm Pump at a delivered cost of $11, 697. 00 plus $2, 000 for installation, totalling $13 ,697 . 00. City Manager Jewell stated that road impact fee monies are available for both this item and agenda item 7. 1 . It was noted that the life expectancy of the new pump is 50 years. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to authorize the expenditure of $13 , 697 for the new drainage pump. The motion passed unanimously. i 3 17 CDQrTar QQr111QCTC 7 . 1 Request approval of extension of contract for drainage in j conjunction with construction of SE Fifth Avenue . i j John Calvin, City Engineer, requested approval to issue a change order to the contract in conjunction with Project #86-032, providing for drainage additions at SE 3rd St . , 3rd Terr. and 3rd P1. at a cost of $15,000. LA motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to approve the change order in the amount of $15,000. The motion passed unanimously. I i Regular Commission Meeting 3 January 27, 1987 I a 1 7.2 Request by John A. Bond to file petition to vacate Shull Road i and to waive replatting procedures . Although the petitioner was represented by Mr. McLaughlin of t McLaughlin Engineering, City Manager Jewell reported staff' s recommendation to table this item due to technical and legal problems . V A motion was made by Commissioner Hirsch , seconded by Vice May Byrd to table this item until the next regular meeting scheduled for February 10, 1987. The motion passed unanimously. i r 7. 3 Request by Broward County to waive replatting procedures and filing fee for the vacation of five parcels lying within the City of Dania . (Continued from 1/13/87 ) City Manager Jewell reported that the legals submitted were improper and recommended that the item be tabled. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to table this item until the next regular meeting scheduled for February 10, 1987. The motion passed unanimously. 7.4 Request approval of Agreement between Broward County, the City of Dania and John Sessa Bulldozing, Inc. relating to the issuance of building permits while platting is in progress. City Manager Jewell explained the request for approval of a tri-party agreement to allow Mr. Sessa to go forward with his building pending County plat approval . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to approve and authorize execution of the tri-party agreement. The motion passed unanimously. * 7 . 5 Request by Hollywood, Inc. to establish a special assessment district for the construction of a collector road system. This item was withdrawn from the agenda . "Qi 8. APPOINTMENTS (Addressed during agenda item 11 . 1 ) 9 . DISCUSSION i r 10. CITIZENS ' COMMENTS Mayor Bertino read a citizens ' petition bringing 16 items regarding the southeast section of Dania to the attention of city administration for action. City Manager Jewell , having received the petition earlier, distributed a written response to each item on the petition. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell stressed the urgency of the Commission making the appointments to the Police and Firefighters Pension Rnard ner the ordinance oassed this night which changes the i makeup of the Board. To enable the Board to act on important matters at hand , he said two additional citizen members are needed to comply with the ordinance . ** A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to appoint , by resolution, Jack Bradley and Don Castles to serve on the Police and Firefighters Pension Board as citizen members. The motion passed unanimously. 1 4 I Regular Commission Meeting 4 January 27, 1987 i 1 I • I i r � City Manager Jewell reported that he will be prepared for a workshop next week to present the additional information requested by the Commission concerning the parking meters and pier restaurant. He also commented on the need to refine the process on choosing a public works director. A workshop was scheduled for Tuesday, February 3, 1987, at 7: 00 p.m. City Manager Jewell asked for direction from the Commission for 4 advertising purposes regarding the scheduled March loth regular meeting , reminding the Commission that March loth is election day. i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to cancel. the March 10, 1987, Regular Commission Meeting and reschedule it for March 17, 1987. The motion passed unanimously. A special meeting for Certification of Elections will be held on March 11, 1987, at 4: 00 p.m. 11 .2 City Attorney Adler - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Cook - absent. 12. 2 Commissioner Hirsch expressed get-well wishes to Commissioner Cook . 12. 3 Commissioner McElyea asked City Manager Jewell to look into the matter of trash building up on the canal side of Old Griffin Rd. 12. 4 Vice Mayor Byrd commented on several issues contained in the citizens ' petition read earlier. Vice Mayor Byrd asked City Manager Jewell about the water E pressure at Modello Park. At Vice Mayor Byrd' s invitation, Dr. David Preacher stepped forward, expressed appreciation for the Commissioners appearing before the County Commission, and asked that they reappear in view of the fact that there has been no accepted change in the master plan and the airlines and airport personnel are utilizing the general aviation south runway for passenger carrying jets . Dr. Preacher called for a cease and desist order to stop air and noise pollution; erection of a birm by the south terminal to lessen the noise pollution; a curfew from 11 : 00 pm to 7: 00 am on the angle runway when utilized ; and a permanent general aviation classification for the south runway in light of the new airport being built in Andytown. 1 12. 5 Mayor Bertino read a letter he sent to the Director of the Broward County Aviation Division expressing opposition to the present use of runway 9R27L and requesting action be taken to halt the operation of air carriers on this runway. { This Regular Commission Meeting was then adjourned. ,MAY-OR-COMMISSIONER LCITY CLERK-AUDITOR Regular Commission Meeting 5 January 27, 1987 AGENDA DANIA CITY COMMISSION REGULAR MEETING JANUARY 27 , 1987 j j 8: 00 P.M. r INVOCATION E; i $ PLEDGE OF ALLEGIANCE C ROLL CALL i PRESENTATION 1 . CONSENT AGENDA Minutes 1 . 1 January 13, 1987, Regular Meeting Administrative Resolutions 1 . 2 A RESOLUTION DESIGNATING INSPECTORS AND CLERKS TO SERVE AS OFFICERS IN THE GENERAL ELECTION OF THE CITY OF DANIA, FLORIDA TO BE HELD ON TUESDAY, THE LOTH DAY OF MARCH A.D. 1987 . 2. PROCLAMATIONS - none 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 Petitioner/Owner - Robert Graf; property located between SE 7 and 10 Street and between SE 3 Court and 3 Lane Public Hearing - VC-84-86 - Resolution vacating all alleys in Blocks 3 and 4 of "Town and Country Estates Section One" . t 4. 2 Petitioner - M.E. Berry; Owner - Robert R. Krilich; property located at Stirling Road and SW 18 Court. Public Hearing - PL-33A-86 - Plat ordinance ( second & final reading ) i i AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "KRILICH PLAT" , SAME BEING: THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4 , LESS THE SOUTH 193 FEET T9EREOF, IN SECTION 33 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, BROWARD COUNTY, FLORIDA; AND LOTS 18 THROUGH 24 INCLUSIVE , BLOCK 1 , TOGETHER WITH LOTS 1 THROUGH 12 INCLUSIVE , BLOCK 2; ALL ACCORDING TO THE PLAT OF "DOUGLAS HILL" , AS RECORDED IN PLAT BOOK 12 , PAGE 45 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 3.7099 ACRES ( 161 ,601 SO. FT. ) MORE OR LESS ; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF i "KRILICH PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN i CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 1/13/87) I i 1 OF 3 I i L, 4. 3 Petitioner - Sherwood Weiser; Owner - Sheraton Design Center Hotel; property located at 1825 Griffin Road Public Hearing - 5E-05-87 - A special exception is requested to allow entertainment. Administrative Ordinances ( second and final reading) 4 .4 AN ORDINANCE OF THE CITY OF DANIA FLORIDA AMENDING OF THE CODE OF ORDINANCES OF THE CITY OF DANIAENTITLEDAPTER 18 "PENSIONS AND RETIREMENT" ; CHANGING THE COMPOSITION OF THE 4 BOARD OF TRUSTEES; CHANGING THE TERMS OF OFFICE OF BOARD MEMBERS; PROVIDING FOR ELECTION OF A CHAIRMAN AND SECRETARY OF a THE BOARD; PROVIDING FOR RECOMMENDATION FOR REMOVAL OF A MEMBER OF THE BOARD IN THE EVENT OF NEGLECTED DUTIES; PROVIDING FOR A SAVING CLAUSE; 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. " 1 ! 5. SITE PLAN REQUESTS - none i 6. EXPENDITURE REQUESTS 6. 1 Request authorization to expend $13 ,697 to replace drainage pump at Meadowbrook. 7. SPECIAL REQUESTS 7. 1 Request approval of extension of contract for drainage in i conjunction with construction of SE Fifth Avenue. 7. 2 Request by John A. Bond to file petition to vacate Shull Road and to waive replatting procedures. 7. 3 Request by Broward County to waive replatting procedures and filing fee for the vacation of five parcels lying within the City of Dania. (Continued from 1/13/87) f 7.4 Request approval of Agreement between Broward County, the City of Dania and John Sessa Bulldozing , Inc. relating to the issuance of building permits while platting is in progress. 7.5 Request by Hollywood , Inc, to establish a special assessment district for the construction of a collector road system. 1 8 . APPOINTMENTS 9 . DISCUSSION 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 to the concern remains unresolved , the citizen(s ) or party will be asked es ma be given address the City Commission aCitynCommissionermortthe City EManager 1priory to the beginning of the meeting. 2OF 3 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11 . 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12.4 Vice Mayor Byrd 12.5 Mayor Bertino ------------------------------- 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 I 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. i I I �♦ I i I j i f i I I 3 OF 3 I I 1