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Home My WebLink AboutNULL (224) 1 f MINUTES CITY' DANIA COMMISSION MMISSION REGULAR MEETING AUGUST 11 , 1987 l INVOCATION - WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present - Vice Mayor: Jean Cook Commissioners: John Bertino i Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief : Gilbert Thivener Building Official : Paul Maxwell Absent - Mayor: Chester Byrd (hospitalized ) A motion was made by Commissioner Hirsch, seconded by ' Commissioner Bertino to excuse Mayor Byrd from this meeting. f The motion passed unanimously. 1. CONSENT AGENDA Minutes ° F 1. 1 July 28 , 1987, Regular Meeting 1 . 2 July 22, 1987, Workshop Meeting 1 . 3 July 27, 1987, Workshop Meeting ; iOrdinances (first reading) I 1. 4 PL-37-87 - Plat Approval Request - Petitioner: Berry & Calvin, Engineers; Owner: City of Dania; property located north of NW 2 St. between NW 12 Ave. and 13 Ct. (5. 18+ acres ) The title of an Ordinance approving the plat of "Collins Parc" , same being: the E 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 of 33-50S-42E, Broward County, Florida, was read for first reading by City Attorney Adler. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda. The motion passed on the following roll call vote: I f` { Commissioner Bertino-yes Commissioner McElyea-yes ¢ I Commissioner Hirsch-yes Vice Mayor Cook-yes I 2. PROCLAMATIONS 2. 1 Costa Columbus Celebration Week - August 23-29, 1987 Vice Mayor Cook presented a proclamation, signed by Mayor Byrd , proclaiming August 23-29, 1987, Costa Columbus Celebration Week, in recognition of Costa Cruises ' contributions to Port { Everglades and in honor of the arrival of the Christopher Columbus statue in Port Everglades where it will permanently I reside. I 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS f I Building & Zoning 4 . 1 Petitioner: Jeffrey Siniawski, Assistant General Counsel , Project 80 's; Owner: Broward County Regular Commission Meeting 1 August 11, 1987 i I ` F", a PUBLIC HEARING - VC-28-87 - Adoption of Resolution vacating portions of roads within the jurisdiction of the International Airport. (Continued from 7/28/87) j I A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to continue the public hearing on this .item until the next regular meeting of August 25, 1987. The motion I passed on the following roll call vote: j Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes r 4. 2 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 ) . (Continued from 7/28/87) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue VA-33-87 until the Regular Commission meeting scheduled for October 27, 1987. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes Administrative - none 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none i 7. SPECIAL REQUESTS 7. 1 Request by Williams, Hatfield & Stoner, Inc. , representing the Hilton Hotel , to approve a wing-wall encroachment agreement. Raymond A. Doumar, Attorney, representing Airview Developers as "i part of the Hilton group, stepped forward to explain that a retainer wall ( item 7. 1 ) and a sign ( item 7. 2 ) encroach upon a city utility easement, and requested approval of the encroachment agreements. City Attorney Adler and City Manager Jewell recommended approval . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to approve the wing-wall encroachment agreement. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 7.2 Request by Williams, Hatfield & Stoner, Inc. , representing the Hilton Hotel , to approve a sign encroachment agreement. City Attorney Adler and City Manager Jewell recommended i approval . j A motion was made by Commissioner Hirsch, seconded by iCommissioner Bertino to approve the sign encroachment agreement. ` The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes IJI Regular Commission Meeting 2 August 11, 1987 � I I t F7, 7. 3 Request by Williams, Hatfield & Stoner, Inc. , representing the Hilton Hotel , to approve the vacation of a 30 ' ingress-egress easement and the dedication of another. City Attorney � Adler advised that to effectually "trade" the easement that the encroachment is upon, it is necessary that the city vacate the present easement and accept the dedication of a new one, and recommended that the request be referred to the P&Z Board. A motion was made by Commissioner Hirsch, seconded by i Commissioner McElyea to refer the vacation request to the Planning and Zoning Board. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Hirsch- Commissioner McElyea-yes Hirsch-yes Y Vice Mayor Cook-yes 7. 4 Request by Wilson Atkinson, III, Attorney at Law, representing VMS Dania Associates , Ltd. , to approve a Tri-Party Water and Sewer Agreement . Mr. Atkinson stepped forward to explain that the agreement Provides for sewer service through Dania to the eastern portion of the old Lend Lease Pirates World Tract in the City of Hollywood. He said th the City of e tri-party agreement between the City of Dania, Hollywood and the Developer has been reviewed by City Attorney Adler and City Manager Jewell . City Attorney Adler reported that entering this agreement will cause no expense to Dania in that the city will receive 100% f credit .A motion was i ? I '.� Commissioner Hiaschytooamissioner Bertino, seconded by art Agreement. The motion passedeonhtherfollowingater rollacallevote: w- i Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 7.5 Request by Wilson Atkinson, III, representing Circle K General , Inc. , to approve an Irrigation Easement Agreement. Mr. Atkinson noted that the agenda is in error in that he does not represent Circle K General , Inc. , but that he has had .<,..J cveersations with the Circle K General people with regard to irrigating the project referred to in item 7. 4. Mr. Atkinson explained that in order to implement J plan as recommended by the City of Dania , the irrigation instead of city water g well water , it will be usin necessary for Circle K General, Inc. to grant an irrigation easement to the City over property that Circle K General has already granted a nonexclusive utility easement to Florida Power and Light. He Presented the proposed Irrigation Easement Agreement for Commission approval as to form. In response to a question raised b Atkinson said it will be Y Commissioner Bertino, Mr. permitted by South Florida Water Management and monitored for salt-water intrusion. i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the irrigation easement agreement as to form. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes i Regular Commission Meeting 3 August 11, 1987 ADDENDUM ITEM: r 7. 6 Special request by Gloria Daly to address the City Commission. Per Mayor Byrd. Gloria Daly expressed displeasure regarding some of the proposed budget cuts. City Attorney Adler said that the law provides for two public hearings, one on the preliminary budget and one on the final budget and he advised Ms. Daly that any specific objections to the proposed budget should be voiced at that time. Ms. Daly urged the citizens of Dania to make themselves aware of the proposed budget cuts, attend the public hearings, and voice i their opinions. 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) (Continued from 7/28/87) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve Commissioner Bertino's reappointment of Joseph Maniglia to the Industrial Advisory Board and to continue Mayor Byrd 's appointment until the next regular meeting of August 25, 1987. The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 9. DISCUSSION - none 10. CITIZENS ' COMMENTS 10. 1 Request by Samuel Nastasi , who resides at 704 SE 3 Lane , to address the Commission regarding a large pile of dirt located at the corner of SE 7 Street and 3 Lane. City Manager Jewell reported that this matter has been taken care of. 10. 2 Request by Bill Wosenitz, who resides at 341 NE 2 Court, to address the Commission regarding waterfront property abuse. Bill Wosenitz commented on the seawall eroding into the Dania Cut-off Canal , causing loss of waterfront rights. He complained about the city 's Code Enforcement being ineffective regarding -_ boats rafted in the Canal half on city property, boats parked on trailers in front of homes with the tongues hanging out over the sidewalk, the presence of an unlocked refrigerator, and a docked boat being used as living quarters. He noted the existence of a potential hazard at the end of 2nd Avenue because there is no area to turn around in. Mr. Wosenitz commented on extensive construction being done on a 100' long boat in the Canal for about six months, and expressed his annoyance with the diesel generator being used and the damage caused by the leaky transmission of the parked construction worker's car. Mr. Wosenitz described his attempts to resolve these problems through legal channels, researching related ordinances, contacting the Coast Guard, the Corps of Engineers, etc. { Expressing his frustration, Mr. Wosenitz presented related a photographs and asked the Commission for help. The Commission thanked Mr. Wosenitz for his input and referred ` the matter to City Attorney Adler and City Manager Jewell for action. f Regular Commission Meeting 4 August 11, 1987 i S f 11 . ADMINISTRATIVE REPORTS i 11. 1 City Manager Jewell - no comment. 11. 2 City Attorney Adler - no comment. ` 12. COMMISSION COMMENT t 12. 1 Commissioner Bertino requested that the City Manager give him a written report as to the amount that was charged for the large i pile of trash picked up on the corner of SE 7 St. and 3rd Lane. 12.2 Commissioner Hirsch requested that special taxing district and I the downtown development authority be on the next meeting 's agenda. 12. 3 Commissioner McElyea also expressed concerns as to pickup of large pile of trash on corner of SE 7 St. and 3rd Lane. He also commented on many street lights still out. 12. 4 Vice Mayor Cook commented on the need to survey the city with i reference to street lights. 12. 5 Mayor Byrd - absent. This Regular Commission Meeting was then adjourned. I I MAYOR-COMMISSI NE CITY CLERK-AUDITOR 4.af° o 1 8 � 6 Regular Commission Meeting 5 c _ August 11, 1987 J Y�, AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 11 , 1987 8 :00 P.M. i INVOCATION PLEDGE OF ALLEGIANCE t I ROLL CALL i 1 . CONSENT AGENDA { Minutes 1. 1 July 28 , 1987, Regular Meeting 1. 2 July 22, 1987, Workshop Meeting 1. 3 July 27 , 1987, Workshop Meeting Ordinances 1 . 4 Petitioner - Berry & Calvin Engineers; Owner - City of Dania; property located North of NW 2 Street between NW 12 Avenue and 13 Court. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "COLLINS PARC" , SAME BEING: THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, ^ + LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 5. 18 ACRES, MORE OR LESS; SUBJECT TO A PUBLIC ROAD RIGHT-OF- WAY OVER AND ACROSS THE SOUTH 25 FEET AND THE EAST 35 FEET ~ THEREOF; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "COLLINS PARC" ; AND 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. " i 2. PROCLAMATIONS 2. 1 Costa Columbus Celebration Week - August 23-29, 1987 i 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS ' Building & Zoning 4 . 1 Petitioner - Jeffrey Siniawsky, 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 7/28/87) I 1 OF 3 i I1 J . � II J r 4. 2 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) . (continued from 7/28/87) i Administrative - none f 5. SITE PLAN REQUESTS - none i j 6 . EXPENDITURE REQUESTS - none f 7 . SPECIAL REQUESTS 7. 1 Request by Williams, Hatfield & Stoner, Inc. , representing the Hilton Hotel , to approve a wing-wall encroachment agreement. 7. 2 Request by Williams, Hatfield & Stoner, Inc. , representing the t Hilton Hotel , to approve a sign encroachment agreement. 7. 3 Request by Williams, Hatfield & Stoner, Inc. , representing the Hilton Hotel , to approve the vacation of a 30 ' Ingress-Egress } easement and the dedication of another. 7 I 7. 4 Request by Wilson Atkinson, III , Attorney at Law, representing VMS Dania Associates , Ltd . , to approve a Tri-Party Water and Sewer Agreement. 7. 5 Request by Wilson Atkinson, III , representing Circle K General , Inc . , to approve an Irrigation Easement Agreement . 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) (continued from 7/28/87) 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 ( 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. 2OF 3 I 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook f 12. 5 Mayor Byrd i ----------------------------------- ------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION j 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 j A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I a I { I I II i I i � I i I i I 3 OF 3 I J A. 1 1 ADE DUM CITY OF DANIA RBGUTAR M=ING AUGUST 11, 1987 8:00 P.M. 7.6 Special request by Gloria Daly to address the City Conmission. f Per Mayor Byrd. 1 I P 1 I y t 1 i yr. ►}1 I f I iY I. r u; C i t, i CITIZENS' COMMENTS l AGENDA CITY OF DANIA REGULAR MEETING AUGUST 11, 1987 8:00 P.M. i i 1. Request by Samuel Nastasi , who resides at 704 SE 3 Lane , to f address the Commission regarding a large pile of dirt located at the corner of SE 7 Street and 3 Lane. # 2. Request by Bill Wosenitz, who resides at 341 NE 2 Court, to address the Commission regarding waterfront property abuse. 3 r 3 s I i 1 I i 1 i �5