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Home My WebLink AboutNULL (223) MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 28, 1987 j INVOCATION - WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Chester Byrd Vice Mayor: Jean Cook Commissioners: John Bertino Howard Hirsch City Attorne Charles McElyea Y• 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 July 14, 1987, Regular Meeting A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the consent agenda. The motion passed unanimously. 2. PROCLAMATIONS - none ~ 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner: Berry & Calvin, Engineers ; Owner: Robert Graf; Q,aJ� property located west of SE 5 Ave. , between SE 5 St.(5. 2431+ acres ) and 7 St. PUBLIC HEARING - ✓ PL-30-87 - Plat Approval Ordinance - (second and final reading) An Ordinance approving the plat of "Glen-Lauren Homes" , same being: the E 1/2 of the SE 1 4 NE 3-51S-42E, Broward County, Florida,hwasEread for1/4 oft he secondlandof final reading by City Attorney Adler. Bruce Meade, representing Berry & Calvin, stepped forward to request plat approval . Building Official Maxwell reported that the Planning and Zoning Board recommended approval. He noted that the County 's objection to two lots exiting onto 5th Ave. still needs to be worked out by the petitioner with the County, but Staff has no objections to City approval of the plat. r In response to a question asked by Commissioner Bertino, the owner's outstanding obligations to the City were discussed with regard to bonds not posted some ten years ago on a different subdivision. Mayor Byrd opened the public hearing. Hearing favor or Opposition, the Mayor closed the publino one speak in c hearing. i Regular Commission Meeting 1 July 28, 1987 { I } 1 A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance approving the plat of "Glen-Lauren Homes" (PL-30-87) on second and final reading, and that any and all. debts owed the City of Dania by the owner must be paid. { The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-abstain Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes j Vice Mayor Cook announced she is abstaining from voting on this item as she is the broker in the transaction. i 4. 2 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 7/14/87 ) City Attorney Adler reported that the 25 ' strip of property lying between the McKenna and Linsalata lots, was dedicated for public use years ago by plat and not deeded to the city. He said if the city has no need for it and vacates the property, the adjoining property owners will each get 12-1/2 ' . The title of the resolution was read by City Attorney Adler. 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 Commissioner Bertino to approve the adoption of the vacation w•' resolution (VC-03-87) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-no Commissioner McElyea-yes i 4. 3 Petitioner: Jeffrey Sinowski , Assistant General Counsel, Project 80 's; Owner: Broward County so-•rta�' PUBLIC HEARING - VC-28-87 - Adoption of Resolution vacating portions of roads within the jurisdiction of the International Airport. (Continued from 7/14/87) City Manager Jewell reported that, per Commission direction at the last meeting, Staff has been working on this but is not yet i ready to make a final recommendation. { A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to continue the public hearing on this item until the next regular meeting of August 11, 1987. The motion passed unanimously. 4 . 4 Petitioner/Owner: John A. Johnson, Amberco, Inc. ; 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) a 4 ' rear yard setback ( 15 ' required) ; and (c) a 4500 square foot lot (6000 required ) . I i i Regular Commission Meeting 2 July 28, 1987 i t i i rJohn Johnson stepped forward to explain that he has complied � i with suggestions made at the P&Z hearing, has approval from the Corps of Engineers, is awaiting further approvals, and requested continuance. A motion was made by Vice Mayor Cook, seconded by Commissioner ; Hirsch to continue VA-33-87 until the next regular meeting of August 11 , 1987. The motion passed unanimously. Administrative - none 5. SITE PLAN REQUESTS 5. 1 Petitioner: Joel Gustafson; Owners: Marvin Mandel & Moses Hersman; property located at Ravenswood and Tigertail Rds. SP-31-87 - A Site Plan approval request for a warehouse/showroom facility. Joel Gustafson, Attorney representing the applicant, stepped forward to request site plan approval, commenting that this property was recently annexed into the city. Building Official Maxwell reported that the landscaping has been increased along the right-of-way at the city 's request and that this site plan is in order. r At Commissioner Bertino's suggestion, Mr. Gustafson said he would check into the feasibility of sliding the buildings over a little bit into the catch basin area in the center of the property to give a little more greenery along Ravenswood Road. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant site plan approval (SP-31-87) . The motion passed unanimously. 5. 2 Petitioner:/Owner: John Bartley; property located at SW 1 St. and 8 Ave. SP-21-87 - Approval request for revised Site Plan. The petitioner not being present, Building Official Maxwell reported that this request is for site plan revisions being made in response to Commission suggestions at the time the original site plan was approved. He said the petitioner has moved both driveways from 8th Avenue to 1st Street, has included a playground area on the site, and reduced the number of units. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to approve revised site plan (SP-21-87 ) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-no Commissioner McElyea-no 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Request by Bruce Kodner Galleries, Inc. for renewal of yearly occupational license to conduct auctions . Bruce Kodner stepped forward to request renewal of his occupational license to conduct auctions, commenting on the growth of his gallery auction business in the past seven years. City Manager Jewell reported that the Commission approved Mr. Kodner's request for an auctioneer 's license on December 23, 1980, allowing him to hold one auction per month, and said that j to his knowledge, no g problems have been reported since issuance j of the license on January 5, 1981. Regular Commission Meeting i 9 9 3 July 28, 1987 i . f It was determined that the city' s ordinance calls for Commission 1 approval of yearly renewals, but due to a flaw in the Building Department 's permitting process, the occupational licenses have just been going out as renewals instead of coming before the Commission. Regarding the fee schedule of $675 per year for a permanent license which would allow auction operation every day 6 in the year if so desired, or $25 per day for a temporary license, Mr. Kodner was billed at the $25/day rate of $300 per f year based on the one day per month he was allowed to run j auctions . I Commissioner McElyea pointed out that the application also calls for a background check. City Manager Jewell reported that the Police Department did sign off on the application in 1980. Commissioner Bertino and Commissioner Hirsch attested to Mr. Kodner's fine character and excellent reputation in the business community. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to grant the occupational license to conduct auctions at the fee of $675 for the year, subject to a Police background check. During discussion of the motion, Commissioner McElyea asked if the auctioneer needs a separate license . Staff was directed to address that question and Mr. Kodner agreed to pay any other related fee determined by Administration to be required. After discussion, the motion passed on the following roll call vote: i i Commissioner Bertino-yes Vice Mayor Cook-yes ! Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes i 8. APPOINTMENTS j r 8. 1 Appointments by Mayor Byrd and Commissioner Bertino to the Industrial Advisory Board. (Joseph Maniglia & Helen Udell 's terms expired in March) A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to continue this item until the next regular meeting of August 11 , 1987. The motion passed unanimously. 8. 2 Appointment to the General Employees ' Pension Board. (Richard Eglinas ' term expired June 23 ) A motion was made by Vice Mayor Cook, seconded by Commissioner McElyea to reappoint Richard Eglinas to the General Employees ' Pension Board. The motion passed unanimously. i 9. DISCUSSION - none 10. CITIZENS ' COMMENTS 10. 1 Request by Tim McLeod to address Commission concerning Trash Pick-up. Mr. McLeod described a situation where he missed the city truck 's trash pickup on his street while in the process of bringing a load of trash in his pickup truck from the back to the front of his house. When he asked if he could just pile it where they hadn ' t yet picked up, he was told to pile it in front of his own house and they would try to get back to it. When the pile was still there the next day, he called and was told to call for a special pickup. The quote he received was $360. 00. Mr. McLeod said he didn ' t mind paying extra for special pickups when he was renovating his home and creating more trash buildup than the average homeowner, but felt that this particular fee was exorbitant. Regular Commission Meeting 4 July 28, 1987 I III I 1 i IHe commented on the illegal dumping problem and expressed the , opinion that the epidemic will grow worse if the city abandons its trash pickup service. He said he feels the city can offer the best service and submitted a proposal for consideration. I Mayor Byrd said City Manager Jewell and Public Works Director Lund should be given that proposal to review. Mr. McLeod was i commended for his concern and constructive input. City Manager Jewell said he plans to form a committee on a staff level to consider the trash problem, the committee to be made up of the City Attorney, Public Works Director, Commissioner McElyea and himself, and would welcome Mr. McLeod 's participation as a I s citizen. F i 11 . ADMINISTRATIVE REPORTS 1 � 11 . 1 City Manager Jewell - no comment. 11. 2 City Attorney Adler - no comment. 12. COMMISSION COMMENT { 12. 1 Commissioner Bertino - no comment. 12. 2 Commissioner Hirsch - no comment. 12. 3 Commissioner McElyea - no comment. 12. 4 Vice Mayor Cook - no comment. 12. 5 Mayor Byrd suggested that the Commission consider adopting a resolution to enforce the Downtown Planning 's awning policy. i This Regular Commission Meeting was then adjourned. MAYOR-COMMISSIONER CITY CLERK-AUDITOR i I { i i f i i i I Regular Commission Meeting 5 July 28, 1987 j I I 77 , AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 28, 1987 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL `k I PRESENTATIONS - none 1 . CONSENT AGENDA Minutes 1. 1 July 14 , 1987, Regular Meeting i 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner - Berry & Calvin, Engineers; Owner - Robert Graf; property located west of SE 5 Avenue , between SE 5 Street and 7 Street Public Hearing - PL-30-87 (second and final reading ) " "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 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 a_o1 HOMES" ; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 2 Petitioner - Charles & Diane McKenna; property located on SW 8 Street (dedicated as SW 3 Avenue) Public Hearing - VC-03-87 - Adoption of resolution vacating certain street right-of-way (continued from 7/14/87) 4. 3 Petitioner - Jeffrey Sinowski , Assistant General Counsel , Project 80 's; Owner - Broward County Public Hearing - VC-28-87 - Adoption of resolution vacating portions of roads within the jurisdiction of the International Airport . (continued from 7/14/87) 1 OF 3 i L� F-7 -- PUBLIC HEARINGS (continued) 4. 4 Petitioner/Owner - John A. Johnson, Amberco, Inc. ; 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) a 4 ' rear yard setback ( 15 ' required) ; and (c ) a 4500 square foot lot (6000 required ) . Administrative - none 5. SITE PLAN REQUESTS 5. 1 Petitioner - Joel Gustafson; Owners - Marvin Mandel & Moses Hersman; property located at Ravenswood and Tigertail Roads SP-31-87 - A site plan is requested for a warehouse/showroom facility. 5. 2 Petitioner/Owner - John Bartley; property located at SW 1 Street and 8 Avenue SP-21-87 - Approval of a revised site plan is requested. i 6. EXPENDITURE REQUESTS - none i 7. SPECIAL REQUESTS 7. 1 Request by Bruce Kodner Galleries , Inc. for renewal of yearly occupational license to conduct auctions. k, 8 . APPOINTMENTS 8. 1 Appointments by Mayor Byrd and Commissioner Bertino to the Industrial Advisory Board. (Joseph Maniglia & Helen Udell ' s terms expired in March) 8. 2 Appointment to the General Employees ' Pension Board. (Richard Eglinas ' term expired June 23 ) 9. DISCUSSION - none j 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a p 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 the concern remains unresolved, the citizen (s ) or party will be asked to address the City Commission during the meeting. 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney I i 2OF 3 t 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd jI f ------------------------------------------------------------------------- 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. f i i i I I P r I I 3OF3 i 9F V I CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING JULY 28, 1987 8:00 P.M. 1. Request by Tim Mc Leod to address Commission concerning Trash Pick-up. i I t i i I I I I i i ' i i