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Home My WebLink AboutNULL (220) MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 14, 1987 INVOCATION - FATHER O' CONNOR PLEDGE OF ALLEGIANCE ROLL CALL: [ Present - Mayor: Chester Byrd Vice Mayor: Jean Cook (late) Commissioners: Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell i Absent - Commissioner: John Bertino (out of town) PRESENTATIONS 1. CONSENT AGENDA Minutes 1 . 1 June 23 , 1987, Regular Meeting Bills 1 . 2 As paid for April, 1987 1 .3 As paid for May, 1987 Resolutions 1 . 4 Resolution authorizing execution of a highway lighting agreement for the adjustment, relocation and/or installation of a certain lighting system with the right-of-way limits (from NE 2nd St. to New Griffin Rd. ) . Ordinances (First Reading) 1. 5 PL-30-87 - Plat Approval Request - Petitioner: Berry & Calvin, t Engineers; Owner: Robert Graf; property located west of SE 5 j Ave. , between SE 5 St. and 7 St. (5. 2431+ acres) An Ordinance approving the plat of "Glen-Lauren Homes" , same being: the E 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 of 3-51S-42E, Broward County, Florida. A motion was made and seconded to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 2. RESOLUTIONS 2. 1 Approval of correction to Resolution No. 12-87. E A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the adoption of corrected Resolution No. 12-87 regarding the term of Civil Service Board 3 members. The motion passed on the following roll call vote: Commissioner Hirsch-yes Mayor Byrd-yes i Commissioner McElyea-yes L Regular Commission Meeting 1 July 14, 1987 I T7� Fll 3. BIDS 3. 1 Award of bids for "NW First Street Roadway and Drainage Improvements; Year XII Block Grant - Phase III" ] ro 'ect. P A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to accept the City Engineer' s recommendation and award the bid to the lowest bidder, Allrite j Engineering of Davie in the amount of $265,759. 00. The motion passed unanimously. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner: Charles & Diane McKenna ; property located on SW 8 Street (dedicated as SW Third Avenue ) . PUBLIC HEARING - VC-03-87 - Resolution Vacating certain street right-of-way (Continued from 4/14/87) Charles McKenna stepped forward to explain the request to vacate the area between the Linsalata & McKenna homes, noting that they have been maintaining the property for years. He said he wishes to add a 10 ' extension to his home. 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 Hirsch to approve the adoption of the vacation resolution (VC-03-87) . The motion was seconded by Commissioner McElyea for purposes of discussion. Commissioner McElyea and Mayor Byrd expressed regrets that the city could not derive some benefit from the proposed vacation. Upon the advice of City Attorney Adler that the property was dedicated for the use of the public, is not owned by the city, and therefore cannot be sold, the Commissioners suggested that the city could accept a donation if the petitioners were to offer it. " Mayor Byrd commented that such an important decision should be made by a full Commission, Commissioner Bertino and Vice Mayor Cook not being present at this time. - Commissioner McElyea withdrew his second to the motion to approve . Commissioner Hirsch reluctantly withdrew his motion. A motion was then made by Commissioner Hirsch, seconded by Commissioner McElyea to continue the item until the next regular Commission meeting of July 28, 1987. The motion passed unanimously. 4 . 2 Petitioner: Richard Mooney, Director, Project 80 's; Owner: Broward County i PUBLIC HEARING - VC-28-87 - Adoption of Resolution vacating portions of roads within the jurisdiction of the International Airport. (Continued E from 6/23/87) f iJeffrey Sinowski, Assistant General Counsel for Broward County, i stepped forward to request vacation of five parcels within Ft. j Lauderdale/Hollywood Intl . Airport property, which are ancient i thoroughfares dedicated to the public that have either been abandoned or were never opened. He explained that they run + between the relocated Florida East Coast Railroad right-of-way and the Old US-1. He said the purpose of the request to vacate - L is to allow the County to deed clear title to the Florida East Coast Railroad since the parcels cross the relocated tracks. The Planning and Zoning Board recommended approval. Regular Commission Meeting 2 July 14, 1987 J I F71,111 .1, r City Manager Jewell reported a controversy as to the northernmost parcel, the old Shull Road, regarding County or City jurisdiction. Mayor Byrd suggested that no action be taken on the Shull Road parcel until Staff can clear up the question. Commissioner Hirsch asked for a response to Commissioner Bertino's request made at the last meeting regarding the County' s willingness to dedicate some parkland to the City. Mr. ? Sinowski reported the County is not in a position to compensate the City of Dania for a grant of vacation of these parcels which they consider a housekeeping item. Commissioner Hirsch suggested that Mr. Sinowski ask the County to reconsider the request. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue the public hearing on this item until the next regular meeting of July 28 , 1987, and to direct the City Manager to work with the City Engineer and City Attorney to clear up the Shull Road jurisdiction question and report back to the Commission with a recommendation. The motion to continue passed on the following roll call vote: Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 3 Petitioner: Henry Graham; Owner: L.E.S. ; property located at 8 Liberty Terrace (continued from 6/23/87) A) PUBLIC HEARING - VA-25-87 - A Variance request to allow the construction of one multi-family dwelling with a 25 ' side yard setback ( 30 ' r required ) . Henry Graham, Executive Director of Liberia Economic Social Development Inc. , stepped forward to explain that the variance is requested in order to maintain the continuity of the buildings in the Liberty Heights project. He said he believed the 5 ' difference of a 25 ' setback in lieu of 30 ' should not interfere with the setback to any great degree. _ .A.4J i * (At this time, Vice Mayor Cook arrived. ) Mayor Byrd opened the public hearing. Mark Budd, the Architect for the project, verified that the 5 ' setback difference is negligible in this case. He presented the landscape plan and a rendering of the building. Addressing Commissioner McElyea's question regarding the dumpsters, the petitioner said four smaller dumpsters will replace the two originally proposed. Hearing no one speak in opposition, the Mayor closed the public hearing. Vice Mayor Cook stated that , although she holds the voluntary position of Secretary on the L.E.S. Board, she will vote on this issue based on the advice of counsel that L. E. S. is a non-profit organization and as there is no financial interest, no conflict of interest exists. Mayor Byrd passed the gavel and made a motion to grant the variance (VA-25-87) to L. E.S. Inc. The motion was seconded by ` Commissioner Hirsch and passed on the following roll call vote : Commissioner Hirsch-yes Vice Mayor Cook-yes Commissioner McElyea-yes Mayor Byrd-yes i B ) SP-26-87 - A Site Plan approval request to allow a multi-family development in an RM-2 zoning district. ,. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant site plan approval (SP-26-87 ) with the inclusion of the change to four dumpsters as agreed. The motion passed on the following roll call vote: Regular Commission Meeting 3 July 14, 1987 J Commissioner Hirsch-yes Vice Mayor Cook-yes { Commissioner McElyea-yes Mayor Byrd-yes Administrative - none 5. SITE PLAN REQUESTS 5. 1 Petitioner: Brooks & Associates ; Owner: Michael Thomas ; property i located at Bryan Rd. & NW 2nd St. f SP-18-87 - Site Plan approval is requested for office development in a C-2 commercial zoning district. (cont. from 6/9/87) Ross Beckerman, Attorney representing the petitioner and owner, stepped forward to request site plan approval , presenting a model of the project and commenting that it meets all the legal requirements for site plan approval . He said that after lengthy delays, they are now in the process of trying to get the financing finalized. He noted that they have done everything they could do to satisfy the other issues which have been extraneous from and not a part of the site plan application. Mayor Byrd invited comments from the public. Kathy Kelly, President of the Ocean Waterway Mobile Home Park Association, addressed issues still unresolved, including dredging hours, operation of the sprinklers to combat flying sand, bank stabilization, and water quality. She said the developers have • not lived up to their agreements. City Attorney Adler advised that, despite those unsatisfied problems, if the site plan presented this night meets the specific requirements of the Building and Zoning Code, the Commission cannot deny site plan approval . i Jean Morse expressed her feelings that the city staff has been unresponsive to the Mobile Home Park 's requests for data. Commissioner Hirsch took exception to her comments, pointing out that the responsibility for coordinating efforts regarding the f: whole operation was his. He voiced his objection to Mrs. Morse discrediting the City Manager and said the city' s staff and Commission has worked very hard to do the right thing regarding the Park's needs. Mrs. Morse agreed. Mrs. Morse reported that unless something is worked out in the meantime, the EQCB violation hearing will be on August 7th. She agreed that the Commission should approve the site plan, but suggested that they get a letter of intent addressing the unresolved problems. Commissioner Hirsch asked Mr. Beckerman to have his client furnish City Manager Jewell with a letter of intent regarding stabilization of the banks, dredging hours, sprinklers , f soundings and water studies. In response to Vice Mayor Cook 's question regarding when construction will begin, Mr. Beckerman said he could not give a specific date, but gave assurances that they are in the process of finalizing financial arrangements, and, as time is money, are janxious to get started as soon as possible. E A motion was made by Vice Mayor Cook, seconded by Commissioner !I Hirsch to approve the site plan (SP-18-87) . After discussion, during which Mr. Beckerman said he will point out the importance of the erosion problem to his clients, the motion passed on the following roll call vote: 1 1 Commissioner Hirsch-yes Vice Mayor Cook-yes Commissioner McElyea-yes Mayor Byrd-yes 6. EXPENDITURE REQUESTS - none Regular Commission Meeting 4 July 14, 1987 J I / \ 1 7. SPECIAL REQUESTS 7. 1 Request by Oriental Rug Agency for a yearly license to conduct auctions. (continued from 6/9/87) Jack Bishirjian stepped forward to explain that he is an oriental rug importer and his business has been in Dania since the early 1960 's. He said he is requesting a license on behalf of himself and the other antique dealers in Dania to hold auctions to dispose of inventory balance. 1 At Mayor Byrd 's invitation, Bruce Kodner stepped forward to speak in opposition to granting the auctioneer 's license to Mr. F Bishirjian, based on his past character record and the proposed {location. I During discussion, it was pointed out that license applications are supposed to be approved by the Commission annually and Staff was directed to check into that situation. i A motion was made by Commissioner McElyea, seconded by Commissioner Hirsch to deny the license request. The motion to deny passed on the following roll call vote: Commissioner Hirsch-yes Vice Mayor Cook-yes Commissioner McElyea-yes Mayor Byrd-yes 7.2 Ratification of Firefighters contract. City Manager Jewell recommended approval of the Firefighters ' contract as per the workshop and reported the Firefighters ' Union membership has ratified the contract. A motion was made by Commissioner Hirsch, seconded to Vice Mayor w Cook to approve the contract between the City of Dania and Dania Association of Fire Fighters, Local 1865, I .A.F.F. The motion passed on the following roll call vote: 6 Commissioner Hirsch-yes Vice Mayor Cook-yes Commissioner McElyea-yes Mayor Byrd-yes 8. APPOINTMENTS - none 8. 1 Resolution appointing Vernon Johnson, Glenn Morris, Vinson Marlin, Harvey Darcy and Murray Goodman to the Civil Service Board. City Manager Jewell explained that Vernon Johnson and Glenn Morris are the two regular board members and Vinson Marlin is the alternate, all three of which were elected by the employees. The resolution also appoints Harvey Darcy, regular member and Murray Goodman, alternate, both elected by the employees from Commission nominations. City Attorney Adler noted that the terms of all Civil Service Board members end at the time newly elected Commissioners take office in the next General Election. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the resolution appointing members to the Civil Service Board. The motion passed unanimously, f i j 9. DISCUSSION - none 10. CITIZENS ' COMMENTS P 10. 1 No verbal or written requests for Citizens ' Comments for this r night's meeting were received. i 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell reported the need to set up an all-day workshop to review the 1987-88 preliminary budget. It was agreed to set the workshop for Wednesday, July 22, 1987, at ! 10:00 a.m. Regular Commission Meeting 5 July 14, 1987 i 7t 711 i 11. 2 City Attorney Adler - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - absent. E 12. 2 Commissioner Hirsch - no comment. 12. 3 Commissioner McElyea commented on the poor attendance at the Code Enforcement Board meeting. Mayor Byrd asked the City Clerk to send notice to those board members who are not attending. 12. 4 Vice Mayor Cook - no comment. i 12. 5 Mayor Byrd - no comment. i i i This Regular Commission Meeting was then adjourned. MAYOR-COMMISSIO ER CITY CLERK-AUDITOR r i i 3 r f LL I I Y I 1 J I� a 6 July 14, 1987 Regular Commission Meeting _ � y I AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 14 , 1987 8 :00 P.M. I I INVOCATION fPLEDGE OF ALLF,GIANCE ROLL CALL j � PRESENTATIONS 1. CONSENT AGENDA Minutes 1 . 1 June 23, 1987, Regular Meeting i Bills 1 . 2 As paid for April 1987 1 . 3 As paid for May 1987 i Resolutions I 1 . 4 "A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION ` OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. " (From NE 2nd Street to New Griffin Road) Ordinances ( First Reading ) 1 . 5 PL-30-87 - Petitioner - Berry & Calvin, Engineers; Owner Robert Graf; property located west of SE 5 Avenue , between SE 5 Street and 7 Street "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GLEN-LAUREN HOMES" , SAME BEING: THE. E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 3, TOWNSHIP 51 t SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 5. 2431 ACRES (228, 389 SQ. FT. ) , MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "GLEN-LAUREN HOMES" ; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF y' SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " fi c 2. RESOLUTIONS t 2. 1 Approval of correction to Resolution No. 12-87. 3. BIDS 3. 1 Award of bids for "NW First Street Roadway and Drainage Improvements; Year XII Block Grant - Phase III" project. I i i e 4: 1 OF 3 Y 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4 . 1 Petitioner - Charles & Diane McKenna; property located on SW 8 Street (dedicated as SW 3 Avenue) Public Hearing - VC-03-87 - Resolution vacating certain street right-of-way (continued from 4/14/87) 4 . 2 Petitioner - Richard Mooney, Director, Project 80 ' s; Owner - j Broward County Public Hearing - VC-28-87 - Adoption of resolution vacating f portions of roads within the jurisdiction of the International Airport . (continued from 6/23/87) A 4. 3 Petitioner - Henry Graham; Owner - L.E .S. ; property located at 8 Liberty Terrace (continued from 6/23/87) a) Public Hearing - VA-25-87 - A variance is requested to allow the construction of one multi-family dwelling with a 25 ' side yard setback ( 30 ' required) . r b) SP-26-87 - A site plan approval is requested to allow a I multi-family development in an RM-2 zoning district. Administrative - none ! 5. SITE PLAN REQUESTS 5. 1 Petitioner - Brooks & Associates ; Owner - Michael Thomas; t property located at Bryan Road & NW 2nd Street SP-18-87 - A site plan is requested for office development in a C-2 (commerical ) zoning district. (continued from 6/9/87) 6. EXPENDITURE REQUESTS - none j 7 . SPECIAL REQUESTS 7. 1 Request by Oriental Rug Agency for a yearly license to conduct auctions . (continued from 6/9/87 ) f 7. 2 Ratification of Firefighters contract. i 8 . APPOINTMENTS ' 8. 1 Resolution appointing Vernon Johnson, Glenn Morris and Vinson Marlin to the Civil Service Board. r 9. DISCUSSION - none 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 j ( 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 4 party will be asked to address the City Commission during the meeting . t 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager (. 11 . 2 City Attorney b 2OF 3 A t€e 9 I j 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc E.lyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd ------------------------------------------------------------------------- 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 j 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. a i i 1 w.. Y[E E E q k f C 1 f 1 1 2 3OF 3 i i p01 y 1 � S r