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HomeMy WebLinkAboutNULL (253) J t �t 1 MINUTES f DANIA CITY COMMISSION REGULAR MEETING MAY 24, 1988 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE ROLL CALL : Present - Mayor : Charles McElyea Vice Mayor : Jean Cook Commissioners : John Bertino Anthony Stevens City Attorney : Frank Adler City Manager : Eugene Jewell City Clerk : Wanda Mullikin Police Chief : Gilbert Thivener i Absent - Commissioner : Howard Hirsch I A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to excuse Commissioner Hirsch from this meeting due to illness . The motion passed on the following roll call ... vote : Commissioner Bertino-yes Vice Mayor Cook -yes w Commissioner Stevens-yes Mayor McElyea-yes PRESENTATIONS : A Plaque was presented in memory of Mayor Chester A. Byrd from the black citizens of the City of Dania . 1 . CONSENT AGENDA • Minutes 1 . 1 May 2, 1988 special meeting Ordinances ( First Reading ) 1 .2 The title of an ordinance prohibiting defacement of property and graffiti ; prohibiting possession of spray paint by minors ; creating parental liability ; providing for rewards ; and providing for penalties was read for first reading by City Attorney Adler . A motion was made by Commissioner Bertino, seconded by Vice Mayor I Cook to approve the consent agenda . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes * (At this time agenda item 7 .3 was addressed . ) 2. PROCLAMATIONS 2 . 1 Mayor McElyea proclaimed June 5 - 11 , 1988, "Firefighter Appreciation Week . " ADDENDUM ITEM: 2. 2 Mayor McElyea proclaimed June 5 - 12, 1988, as Safe Boating Week . , 3 . BIDS - none Regular Commission Meeting 1 May 24, 1988 i d.� 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building and Zoning 4 . 1 Petitioner: Dawn Sonaborn ; Owner: Filomena Drakas ; property located at the 100 block of SE 5 Ave . PUBLIC HEARING - PL-25-88 - plat approval ordinance ( second & final reading ) (continued from 5/ 10/88) The title of an ordinance approving the plat of Meadowbrook Lakes Phase VII " was read for second and final reading by City Attorney Adler . City Attorney Adler reported that the legal description has been corrected . i Mayor McElyea opened the public hearing . Jeanette Frost Eby, on behalf of her mother, Mrs . Martin Frost, owner of the driving range adjacent to the property, expressed concerns regarding possible drainage problems . The Mayor then closed the public hearing . It was noted that Mrs . Eby ' s concerns regarding drainage should be directed to the related variance request to be addressed as item 4 . 6 on the agenda . City Planner Leeds reported that the drainage would be taken care of as part of the Staff review of the site . A motion was made by Vice Mayor Cook , seconded by Commissioner Stevens to adopt the ordinance approving the plat of "Meadowbrook Lakes Phase VII " ( PL-25-88 ) on second and final reading . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4. 2 Petitioner: Keith Roberts ; Owner: Rinker Corp . ; property located at 2019 Griffin Rd . A. PUBLIC HEARING - VA-19-88 - Variance request to allow construction of an airport/outdoor storage facility in an M-3 zoning district : :a. a ) waiver of interior island landscaping ( landscaping islands required ) ; b ) unpaved parking area (paved parking required ) ; c ) use of trailer as office ( trailer prohibited as permanent structure ) . Keith Roberts stepped forward to explain the variance request , describing his plans for a phased park and fly operation . Mayor McElyea opened the public hearing . Hearing Ron Laytner comment in favor, the Mayor closed the public hearing . City Planner Leeds explained the reason for the unpaved parking area part of the request, noting that the car parking area for phase one will be paved . Regarding the landscaping, City Planner Leeds reported sufficient perimeter landscaping . With regard to part "c" of the variance ( VA-19-88 ) , a motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to allow the use of a trailer as an office for a period of seven months from this date . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes With regard to part "a" of the variance ( VA-19-88 ) , a motion was E ; made by Vice Mayor Cook to waive the interior island landscaping requirement . The motion was seconded by Commissioner Stevens for purposes of discussion . Commissioner Stevens suggested Regular Commission Meeting 2 May 24, 1988 a 1 1 additional exterior landscaping on the east side along the I -95 border. Vice Mayor Cook included that requirement in her motion . Commissioner Bertino commented in opposition to waiving the interior island landscaping . For the record , City Planner Leeds advised the petitioner that the site will have to comply with any fire department criteria . The Planning and Zoning Board ' s recommendation of denial was discussed . City Manager Jewell reported that Mr . Roberts ' lease is short-term. City Attorney Adler advised the Commission that a condition could be placed on the variance that it last only until Mr . Roberts ' lease expires . Mr . Roberts was agreeable to that condition . After further discussion of the interior island landscaping requirements, Commissioner Stevens withdrew his second to Vice Mayor Cook ' s motion to grant part "a " . i A motion was then made by Commissioner Bertino, seconded by Commissioner Stevens to deny part "a" of the variance (VA-19-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-no Commissioner Stevens-yes Mayor McElyea-yes I� A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to deny part "b" of the variance ( VA-19-88) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Stevens-yes Mayor McElyea-yes w. B . SP-18-88 - Site plan approval request for an airport/outdoor storage facility . A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to grant site plan approval (SP- 18-88) subject to compliance with code requirements . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes -6 Commissioner Stevens-yes Mayor McElyea-yes 4 .3 Petitioner: Ed Elwell ; Owner: Value Rent-A-Car ; property located at 1030 Taylor Rd . PUBLIC HEARING - VA-26-88 - Variance request to allow use of a temporary office trailer for eight months . Ed Elwell stepped forward to explain the variance request . The Planning and Zoning Board recommended approval providing f construction will be completed or in the finishing stages by January, 1989. Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . f f During discussion, it was pointed out that a six month variance was obtained for the trailer two years ago . Mr. Elwell said he was unaware of the trailer variance ' s expiration until a citation was issued by Code Enforcement in April of this year, that the project is currently under fine, and requested approval of the variance in order to go forward with construction . A motion was made by Vice Mayor Cook to grant the variance , ( VA-26-88) with the understanding that construction will be [ completed or in the finishing stages by January, 1989 . Mayor McElyea passed the gavel and seconded the motion . The motion passed on the following roll call vote : Regular Commission Meeting 3 May 24, 1988 j II_ Jf 1 1 Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4.4 Petitioner/Owner: Dolores Fee ; property located at 132 NE First Avenue . PUBLIC HEARING - VA-27-88 - Variance request to allow utilization of an existing residential structure in a C-2 zoning district for retail /office purposes with one parking space ( five parking spaces required ) . Bernie Fee stepped forward to explain the financing hardships due to the current non-conforming usage in the C-2 zoning . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to grant the variance ( VA-27-88) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4. 5 Petitioner/Owner: Orlando J . Catala ; property located at 219 SW Third Street . PUBLIC HEARING - VA-28-88 - Variances requested to allow construction of a single family dwelling : a ) 40 ' lot width ( 50 ' required ) ; and b ) 5 ' side yard setback ( 7 ' required ) . Orlando Catala stepped forward to explain the variance request . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to grant the variance (VA-28-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4.6 Petitioner: Sam Engel , Jr . ; Owner: Filomena Drakas ; property located at 100 & 105 SE Fifth Avenue . A. PUBLIC HEARING - VA-29-88 - Variances requested to allow construction of a multi -family residential development : a ) 1 .5 parking spaces per unit (2. 2 spaces required ) ; b ) 22 ' rear yard setback ( 30 required ) . Kenneth M . Meyer, Attorney representing the petitioner, stepped forward to state that the owner of the property is Meadowbrook Lakes Construction Co . , that this variance relates to the plat approved in agenda item 4 . 1 this day, and to explain the i variance request . 1 ' City Planner Leeds reported that the variance is consistent with f the previous phases of Meadowbrook and City Manager Jewell noted ' that if this property had been included in the site plan for the I original project, this variance would not be necessary. Mayor McElyea opened the public hearing . Receiving Mr . Meyer ' s response to questions about building location, drainage , lake depth, traffic and temporary construction fencing, Joe Lamarr, L resident and board member at Meadowbrook Lakes, spoke in favor . Jeanette Eby expressed concerns about the drainage . The Mayor then closed the public hearing . Regular Commission Meeting 4 May 24, 1988 I �v' � 1 A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to grant the variance ( VA-29-88 ) , contingent upon an 8 ' temporary construction fence erected on the east side of the property . After further discussion , the motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes B . SP-30-88 - Site plan approval request for a multi -family residential development . A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to grant site plan approval (SP-30-88 ) . The motion passed on the following roll call vote : I Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Stevens-yes Mayor McElyea-yes i f ** (At this time, agenda item 9 . 1 was addressed . ) 4 . 7 Petitioner : Richard J . Better ; Owner: Alfred M . Kropat ; property located at 47 SE First Avenue . I PUBLIC HEARING - VA-32-88 - Variance request to allow utilization of an existing residential structure in a C-2 zoning district for retail /office purposes with one parking space ( four spaces required ) . The petitioner, Richard Better, stepped forward to explain that they have one paved parking spot at this time and are willing to " put in three additional spaces, but are requesting a variance to leave green space in parking space 2 and 3 . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to grant the variance ( VA-32-88) permitting one paved parking space, permitting use of brick pavers on spaces 2 and 3, and not requiring removal of the structure for the fourth . The motion passed on the following roll call vote : ` l Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4.8 Petitioner: John Ligotti ; Owner: Louis & Dorothy Laurich ; property located in the 700 block of SE Fifth Avenue . PUBLIC HEARING - LU-23-88 - Land Use Plan Amendment request to amend certified land use plan from low ( 5 ) residential to medium ( 16 ) residential . Bruce Gottlieb , representing the petitioner, stepped forward to explain the request, describing plans for 80 units . The Planning and Zoning Board recommended approval . Mayor McElyea opened the public hearing . Hearing Bobbi Grace speak in favor, the Mayor closed the public hearing . A motion was made by Vice Mayor Cook , seconded by Commissioner Stevens to grant the land use plan amendment ( LU-23-88) . The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook -yes i Commissioner Stevens-yes Mayor McElyea-yes Regular Commission Meeting 5 May 24, 1988 Administrative Ordinances ( second and final readings ) 4.9 The title of an ordinance amending Chapter 20, Article V entitled " Police Public Safety Facilities Impact Fee" was read for second and final reading by City Attorney Adler . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 4 . 10 The title of an ordinance regulating auctions and auctioneers was read for second and final reading by City Attorney Adler . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes i 4 . 11 The title of an ordinance amending Chapter 2, Article IV of the Code of Ordinances entitled "Code Enforcement Board " to comply with the amendments to Chapter 162, Florida Statutes that relate to method of notice , conduct of hearings and administrative fines and liens was read for second and final reading by City Attorney Adler . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Vice Mayor Cook , seconded by Commissioner Stevens to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes i i 5. SITE PLAN REQUESTS 5 . 1 Petitioner/Owner: KFC Company ; property located at 506 South Federal Highway I 1 SP-33-88 - Site Plan approval request for the expansion of an existing restaurant . Al Cabarrocas, Architect for the petitioner, stepped forward to request site plan approval for the addition of 500 sq . ft . to an existing Kentucky Fried Chicken store . City Planner Leeds reported that the plan meets all code I requirements . A motion was made by Commissioner Stevens, seconded by f Commissioner Bertino to grant site plan approval (SP-33-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Stevens-yes Mayor McElyea-yes i 6 . EXPENDITURE REQUESTS - none Regular Commission Meeting 6 May 24, 1988 i I � ,I 7 . SPECIAL REQUESTS 7 . 1 Request by American Design Place to conduct two day auction at the Sheraton Design Center Hotel . Scott McDougall stepped forward to explain the request to conduct a two day auction of fine art in the Grand Swan Ballroom of the Sheraton Hotel . He said approval has been obtained from the hotel and the County . A motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to grant permission to conduct the two day auction . The motion passed on the following roll call vote : Commissioner Bertino-no Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 7 . 2 Request by Broward County Aviation Division to approve agreement for trafficways beautification along US-1 between Old Griffin Road and State Road 84. City Manager Jewell described the terms of the proposed agreement relating to distribution of responsibility for funding j the maintenance of the landscaping paid for and installed by the State of Florida Department of Transportation . He reported Dania ' s contribution per this agreement would be 20% of the maintenance cost , or approximately $40, 000 per year, which is an acceptable expenditure of gas tax monies . _,. Mr . Higgins, representing the D .O.T. , was asked what would happen if Dania elected not to participate in the funding . He said the project would continue as planned, but the burden to the other five agencies ( Florida D.O.T . , Cities of Hollywood and Ft . Lauderdale , Broward County and Port Everglades Authority ) would be increased . City Manager Jewell expressed concern about language in paragraph 19 of the agreement whereby the agreement would be automatically renewed annually without an opportunity for unilateral termination by any party . A motion was made by Vice Mayor Cook , seconded by Commissioner Stevens to continue this until the next meeting of June 14th for further review of the proposed agreement . The motion passed on the following roll call vote : ' Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-no ADDENDUM ITEMS: * 7 . 3 Presentation by Dania Beautification Committee concerning painting of the Dania Water Tower . (Addressed after Consent Agenda ) Tim Ryan, on behalf of the Dania Improvement Committee, presented a rendering of the design selected by the committee proposed to be painted on the water tower . He asked that the City of Dania accept the rendering as well as the responsibility for the preparatory maintenance of the water tower, involving sand-blasting and primer . He said the Improvement Committee will be paying for the design artist ' s work and materials , estimated the cost to the City for sand-blasting and prime coat at approximately $ 10, 000 and suggested it be funded from the water and sewer fund . Mr . Ryan said they would like to start the project in two weeks . City Manager Jewell guessed that it has been about 10 years } since the tower was painted and reported that he intended to i include it in next year ' s budget, but would check on the f availability of funds now. Regular Commission Meeting 7 May 24, 1988 I i A motion was made by Vice Mayor Cook , seconded by Commissioner Bertino to approve the rendering and continue the request with regard to preparatory maintenance until the next regular meeting for the City Manager ' s report on availability of funds . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Stevens-yes Mayor McElyea-yes 7 .4 Action concerning retirement/resignation of City Manager Eugene H . Jewell , effective July 27 , 1988. A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook , to regretfully accept City Manager Jewell ' s resignation effective July 27, 1988. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes The Commissioners commended City Manager Jewell and expressed appreciation and gratitude . Mayor McElyea directed City Attorney Adler to prepare a resolution on this . 8. APPOINTMENTS 8. 1 Appointment of member to the General Employees ' Pension Board . (the term of John Lassiter expires 6/23/88 ) A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to reappoint John Lassiter to the General Employees ' Pension Board . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes ADDENDUM ITEM: 8. 2 Commission appointment to the Broward County Community Development Block Grant Committee . j -^ A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to appoint Mayor Charles McElyea to complete the unexpired term of Mayor Chester Byrd . Mayor McElyea declined the appointment, passed the gavel and made a motion to appoint Vice Mayor Jean Cook to the Broward County Community Development Block Grant Committee . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Stevens-yes Mayor McElyea-yes 9 . DISCUSSION ** (Addressed before agenda item 4 . 7 . ) 9 . 1 Discussion regarding lake on Bryan Road lying south of Ocean Waterway Mobile Home Park . Appearance : Joe Harden , EQCB i For the record , Joe Harden announced the correct spelling of his name as " Harden , " not Hardin . He stated that his presence at this meeting is on his own behalf and not due to correspondence that reached the Chairman of the Board of Environmental Quality Control . Mr . Harden said that the City of Dania ' s permit held by Mr. i Michael Thomas, requiring that he meet certain responsibilities, was not addressed by any official of code enforcement capability from the City of Dania . He said Dania residents looked to him L for a solution . Mr. Harden reported that at this time Mr . Thomas is under a citation from his office as enforcement 4 Regular Commission Meeting 8 May 24, 1988 �5 Iadministrator and the termination date on Mr . Thomas ' dredge and I fill operation is August 31, 1988, the date being set by Mr . Harden as a part of the litigation factor prior to taking Mr . Thomas to a hearing . He said Mr. Thomas ' permit expired on April 10th and Mr . Harden extended it on a day to day basis through August 30th . Mr . Harden explained that his decision was made to protect the rights of the citizens of Dania as well as the rights of Mr . Michael Thomas . In response to Commission questions regarding enforcement jurisdiction , Mr . Harden stated that his jurisdiction does go County-wide, but that they never preempt a local municipality when there is an ordinance on the books unless absolutely necessary . He said that the City has the authority to pull its permit if it finds a violation . Mayor McElyea permitted comments by Jean Morse . 10. CITIZENS ' COMMENTS 10. 1 Request by Veronica Jackson to address Commission regarding CARE Resolution . Veronica Jackson announced the establishment of the liaison committee whose objective is to investigate and express the concerns and needs of the black community, using the acronym "CARE" (the Community Association for Residential Enhancement ) . She requested that the Commission appoint a representative Commissioner to serve as an advisor to the CARE Committee . The Commissioners elected not to select one representative Commissioner, preferring that the CARE Committee consider the entire Commission as its liaison, notifying each Commission .. member of committee meetings and utilizing the Commissioners, either individually or collectively, as advisors . 10. 2 Request by Bobbie Grace to address Commission regarding Family Day . Bobbie Grace , representative of Dania Activity Committee, thanked the Commission and the citizens of Dania for their generous donations and for their presence at the sixth annual Family Day at Modello Park in honor of the late Mayor Chester A. Byrd and expressed appreciation to the Police and Fire i Departments and all others who helped make the event a success . 10. 3 Request by Mrs . Chireen Ross, Florida School of Fine Arts regarding Portrait of Mayor Chester A. Byrd . Chireen Ross presented a portrait of Mayor Byrd, painted by 17 year-old Vernon McCrea, a student at the Art Center. She said the painting belonged to the artist, but was offered to the City on loan to display . She also asked the Commission to consider purchasing the painting for $500, which would go to Vernon McCrea ' s college fund . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Jewell asked Personnel Director Michael Smith to report on City Manager applicants . Mr . Smith reported his attempts to contact 25 previous applicants have so far been unproductive, finding only one of the 10 called still interested, now living in Arizona . i It was generally agreed to advertise statewide while continuing to call previous City Manager applicants . I 11 .2 City Attorney Adler - no comment . j Regular Commission Meeting 9 May 24, 1988 i 1 1 i 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment . 12 .2 Commissioner Hirsch - absent . 12 . 3 Commissioner Stevens - no comment . 12.4 Vice Mayor Cook commented on street lights out . 12 . 5 Mayor McElyea commented on a meeting with Mr . Forman regarding the Civic Center . This Regular Commission Meeting was then adjourned . -MAYUR-UUMM1bS1UNLR�/,�— CTTY CLERK-AUDITOR i i I i I i �C^ i t Je i 1 i i a p i i ; i I I �I I i i i i Regular Commission Meeting 10 May 24, 1988 � ,r I AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 24, 1988 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1. CONSENT AGENDA Minutes 1. 1 May 2, 1988, special meeting Ordinances ( first reading ) 1. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROHIBITING DEFACEMENT OF PROPERTY AND GRAFFITI ; PROHIBITING POSSESSION OF SPRAY PAINT BY MINORS ; CREATING PARENTAL LIABILITY; PROVIDING FOR REWARDS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR INCLUSION IN CITY CODE; 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. " w- 2. PROCLAMATIONS 2. 1 Firefighter Appreciation Week, June 5 - 11 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning (second & final reading ) 4. 1 Petitioner - Dawn Sonaborn; Owner - Filomena Drakas ; property located at the 100 block of SE Fifth Avenue Public Hearing - PL-25-88 - (plat approval ) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "MEADOWBROOK LAKES PHASE VII" , SAME BEING: THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE EAST 35 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 4. 1922 ACRES (182, 611 SQ. FT. ) MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "MEADOWBROOK LAKES PHASE VII "; 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. " (continued from 5/10/88) 1 OF 4 I J i PUBLIC HEAk1NGS (continued) 4. 2 Petitioner - Keith Roberts; Owner - Rinker Corp. ; property 1 located at 2019 Griffin Road A) Public Hearing - VA-19-88 - The following variances are requested to allow the construction of an airport/outdoor storage facility in an M-3 zoning district : a) waiver of interior island landscaping (landscaping islands required ) b) unpaved parking area (paved parking required ) c ) use of trailer as office (trailer prohibited as permanent structure ) B) SP-18-88 - A site plan approval is requested for an airport/ outdoor storage facility. 4. 3 Petitioner - Ed Elwell; Owner - Value Rent-A-Car; property located at 1030 Taylor Road Public Hearing - VA-26-88 - A variance is requested to allow the use of a temporary office trailer for eight months. 4. 4 Petitioner/Owner - Dolores Fee; property located at 132 NE First Avenue Public Hearing - VA-27-88 - A variance is requested to allow the utilization of an existing residential structure in a C-2 zoning district for retail/office purposes with one parking space (five parking spaces required) . 4. 5 Petitioner/Owner. - Orlando J. Catala; property located at 219 Sw ,. Third Street Public Hearing - VA-28-88 - The following variances are requested to allow the construction of a single family dwelling: a ) 40 ' lot width (50 ' required ) b) 5 ' side yard set back (7 ' required ) I 4. 6 Petitioner - Sam Engel , Jr. ; Owner - Filomena Drakas •located at 100 & 105 SE Fifth Avenue Property A) Public Hearing - VA-29-88 - The following variances are ;.g. requested to allow the construction of a multi-family residential development : a) 1. 5 parking spaces per unit (2. 2 spaces required ) b) 22 ' rear yard setback (30 ' required ) B) SP-30-88 - A site plan approval is requested for a multi-family residential development. 4. 7 Petitioner - Richard J. Better; Owner - Alfred M. Kropat; property located at 47 SE First Avenue Public Hearing - VA-32-88 - A variance is requested to allow the utilization of an existing residential structure in a C-2 zoning district for retail/office purposes with one parking space (four spaces required ) 2 OF 4 PUBLIC HEARINGS (continued) 4. 8 Petitioner - John Ligotti ; Owner - Louis & Dorothy Laurich; property located in the 700 block of SE Fifth Avenue Public Hearing - LU-23-88 - A land use plan amendment is requested to amend the certified land use plan from low ( 5 ) residential to medium (16 ) residential . Administrative Ordinances (second and final readings) 4. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 20 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA BY ADDING ARTICLE V ENTITLED "POLICE PUBLIC SAFETY FACILITIES IMPACT FEE PROVIDING FOR THE TIME OF PAYMENT; PROVIDING FOR THE USE OF PROCEEDS ; PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REGULATING AUCTIONS AND AUCTIONEERS; PROVIDING FOR ISSUANCE AND REVOCA- TION OF LICENSES ; PROVIDING FOR JUDICIAL REVIEW; PROVIDING FOR LICENSE FEES ; PROVIDING FOR BOND; PROVIDING EXCEPTION TO JUDI- CIAL SALES, PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN CITY CODE; PROVIDING FOR SEVERABILITY; 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. " 4. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA ENTITLED "CODE ENFORCEMENT BOARD" AS ENACTED BY ORDINANCE NO. 251 ON NOVEMBER 11 , 1980, AND AMENDED BY ORDINANCE NO. 305 ON DECEMBER 12, 1982, TO COMPLY WITH THE AMENDMENTS TO CHAPTER 162, FLORIDA STATUTES THAT RELATE TO METHOD OF NOTICE, CONDUCT OF HEARINGS AND ADMINISTRATIVE FINES AND LIENS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVI- DING FOR AN EFFECTIVE DATE. " 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - KFC Company; property located at 506 South Federal Highway SP-33-88 - A site plan approval is requested for the expansion of an existing restaurant . 6. EXPENDITURE REQUESTS - none 3 OF 4 I 1 J IF f j 7. SPECIAL REQUESTS 7. 1 Request by American Design to conduct two day auction at the I Sheraton Design Center Hotel . 7. 2 Request by Broward County Aviation Division to approve agreement for trafficways beautification along US 1 between from Old Griffin Road and State Road 84. 8. APPOINTMENTS 8. 1 Appointment of member to the General Employees ' Pension Board. (the term of John Lassiter expires 6/23/88 ) 9. DISCUSSION 9. 1 Discussion regarding lake on Bryan Road lying south of Ocean Waterway Mobile Home Park . Appearance: Joe Hardin, EQCB 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. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney 1 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Stevens 12. 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea -------------------------------------- _ 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. i 4OF 4 1 i i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MAY 24, 1988 8:00 P.M. Proclamations 2. 2 Safe Boating Week Special Requests i 7. 3 Presentation by Dania Beautification Committee Concerning painting of the Dania Water Tower. 7. 4 Action concerning retirement/resignation of City Manager Eugene H. Jewell , effective July 27, 1988. ' I �pointments j 8. 2 Commission appointments to the Broward County Community ' Development Block Grant Committee. I i !I i I I i i 1 i i _. I , u I 711 I CITIZENS' COMMENTS j AGENDA I CITY OF DANIA REGULAR MEETING MAY 24, 1988 8:00 P.M. i i 1 . Request by Veronica Jackson to address Commission regarding CARE Resolution. 2. Request by Bobbie Grace to address Commission regarding Family Day. 3. Request by Mrs. Chireen Ross, Florida School of Fine Arts regarding Portrait of Mayor Chester A. Byrd . i� I I i I! I I j r � I } III I I j ! j y t t, w . j i r AMERICAN DESIGN, LTD. i 3177 S. PARKER RD. AURORA, CO 80014 DANIA CITY COMMISSION j 100 W DANIA BEACH BLVD DANIA, FL 33004 t Commission: I am sending this letter to inform you of the nature of the auction we are having at the Sheraton, Design Center. American Design, Ltd. is a major publishing company and art distributor, based out of Denver. We are also the parent company for Gallery One Fine Art Galleries located throughout the U.S. . One such gallery was located in Coconut Grove, Florida. American Design, Ltd, had to take legal action against their Coconut Grove gallery for non-payment of art sold as well as withholding art from the parent company. We won our suit , hands down and we would like to cut our losses and offer to the public the remaining art at an auction. After careful examination of locations, we feel the Sheraton should prove an ideal location for this type of auction. We are planning this function on Thursday, May 26th and 27th, 6: 00 - 7: 30 p .m. for the preview; 7: 30 - 9: 30/10: 00 p.m. for the auction on both days. i Respectfully, J. Scot McDougall 4 i 1 i i . � I I i y I rl � .