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HomeMy WebLinkAboutNULL (256) 47 i i MINUTES DANIA CITY COMMISSION REGULAR MEETING JUNE 28, 1988 INVOCATION - Wanda Mullikin I PLEDGE OF ALLEGIANCE i ROLL CALL : I Present - Mayor : Charles McElyea Vice Mayor : Jean Cook Commissioners : John Bertino I Howard Hirsch Anthony Stevens City Attorney: Frank Adler City Manager : Eugene Jewell City Clerk : Wanda Mullikin Police Captain : Timothy Cates PRESENTATIONS j t 1 . CONSENT AGENDA ! I Minutes 1 . 1 May 24, 1988, regular meeting -- 1 .2 June 14, 1988, regular meeting Bills 1 . 3 Approval of bills paid for February, March, April and May, 1988. Resolutions 1 . 4 The title of a resolution to be directed to the Broward Office 4 of the Florida Department of Transportation , recommending that the Fla . D .O.T. erect signs in both directions prior to reaching any and all exits from I -95 in Broward County, which signs shall indicate the name of the city or cities the motorist will be exiting into was read by City Attorney Adler. Ordinances ( First Reading ) j 1 . 5 The title of an ordinance amending Section 4.20, Article 4, of Chapter 28 of the Code of Ordinances to provide for wet and dry stack marinas as a permitted use in C-3 zoning classification j was read for first reading by City Attorney Adler . d � ( Petitioner: Bob Lizana ) t A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to approve the consent agenda . The motion passed on the following roll call vote : { Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea -yes { Commissioner Stevens-yes i f 2 . PROCLAMATIONS 2 . 1 Mayor McElyea proclaimed July, 1988, "Crackdown Month . " I 9 3 . BIDS (8: 15 P.M. CLOSING ) ' 3 3. 1 Receipt of bids for accordian and single moveable panel I partitions for the I .T . Parker Civic Center, including installation . ' j PULLED - (placed on agenda in error . ) J Regular Commission Meeting 1 June 28, 1988 e.l i 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building and Zoning 4 . 1 Petitioner: Joseph Dorsey ; Owner: Family Bank of Hallandale ; property located at 5991 Ravenswood Rd . PUBLIC HEARING - VA-36-88 - variance request to allow the erection of a pole sign with either 99 sq . ft . per side for a double faced sign or 99 sq . ft . per side for a three sided sign (maximum pole signage permitted is 50 sq . ft . per side for a double faced sign ) . Joseph Dorsey, Vice President of the Dania branch of Family Bank of Hallandale, stepped forward to explain the variance request for the corner lot time/temp sign . The P&Z Board recommended approval . Mayor McElyea opened the public hearing . Hearing comments by Bob Lizana, Gloria Daly and Kurt Ely in favor, and Vincent Carroll in opposition, the Mayor closed the public hearing. During discussion, Will Campbell of Electromedia commented on the safety factor of the sign letter size with relation to road width, travelling distance and speed . City Planner Larry Leeds reported he has been directed by the P&Z Board to develop a new sign code for the annexed manufacturing area west of I -95. He mentioned that he has prepared a draft relating to the general sign ordinance but it does not address the size of the sign , and recommended keeping control over signs through the variance process . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to grant the variance ( VA-36-88 ) to allow 99 sq . ft . per side for the three sided sign with the stipulation that ample landscaping is placed at the base of the sign . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4 . 2 Petitioner/Owner: Marvin Mandel ; property located at 95 Ravenswood Rd . PUBLIC HEARING - VC-38-88 - A request to adopt a resolution to vacate a 12 foot utility easement. City Attorney read the title of a resolution vacating a certain easement legally described as the South 12 ' of Parcel "A" , less the East 12 ' thereof, Ravenswood Commerce Center, Plat Book 129, page 45, Broward County, Florida containing 0 . 169 acres more or less . Linda Strutt, Planner with Williams, Hatfield & Stoner, stepped forward to explain the easement swap . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . i i A motion was made by Vice Mayor Cook , seconded by Commissioner i Stevens to adopt the vacation resolution ( VC-38-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 1 J Regular Commission Meeting 2 June 28, 1988 F7� 4. 3 Petitioner: James Maurer ; Owner: Christine Vitolo ; property located at 2010 NE 7 Ave . A) PUBLIC HEARING - VA-39-88 - variances requested to allow the construction of a hotel facility : a ) 189 parking spaces ( 224 required ) b ) 18 landscape islands (28 required ) c ) 25 ' street yard setback for Porte cochere ( 50 ' required ) d ) 27% compact spaces (25% permitted ) The P&Z Board recommended approval of a, c, and d, and denial of part b of the variance request . Jim Maurer stepped forward to explain revised plans for the Proposed hotel facility . He read a letter into the record describing the concept and theory underlying the food, beverage and meeting space within a Quality Suite per the hotel owner as "providing limited foods, beverage and meeting space intended for hotel guests only . A free breakfast is the only meal served, no lunch or dinner meals . Beverage service is also free and is offered only from 5 to 7 p .m. and again is only for the hotel guests . Meeting space is limited to just enough to help support the room demand . " He presented the document to accompany the application and requested approval of a, c , and d and expressed willingness to comply with the landscape code with regard to the 28 landscape islands . Mr . Maurer commented on the construction schedule, anticipating a maximum of 4 months for working drawings, hopefully starting ° !. construction before the end of the year if they can get working drawings in to the Building Department by November . Mayor McElyea opened the public hearing . Hearing Bob Lizana speak in favor, the Mayor closed the public hearing . A motion was made by Commissioner Bertino seconded by Vice Mayor Cook to grant parts a, c and d, and to deny part b of the variance request 4.3A (VA-39-88) . The motion passed on the i following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor McElyea -yes Commissioner Stevens-yes B ) SP-40-88 - site plan approval requested for a hotel facility , Mayor McElyea opened a 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 grant site plan approval (SP-40-88) with the conditions as recommended by the P&Z Board : compliance with the fire department and zoning code access requirements ; submission of easement documentation ; and applicable avigation requirements . The motion passed on the vote : following roll call Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea -yes Commissioner Stevens-yes Administrative Ordinances ( second and final readings ) 1 4.4 The title of an ordinance amending Chapter 28 of the Code entitled "Zoning" by adding a new section thereto to authorize a prepayment program to assure recovery of the costs of administrative review and processing of applications, j submissions or requests incident to all development in the City of Dania was read for second and final reading by City Attorney j Adler . Regular Commission Meeting 3 June 28, 1988 i I r i Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . Commissioner Stevens commented that he suggested this ordinance because of the loss suffered by the City when projects are not completed . It was explained that a $ 1, 000 deposit would be put up and drawn against by computation of the hourly wages of those city employees who work on that project and any money not used would be refunded . City Planner Leeds commented in approval of the concept of the ordinance but recommended some changes, feeling that the prepayment program should only include everything before the building permitting stage . He said , from an administrative viewpoint in terms of bookkeeping, trying to keep track of all the different inspectors, the outside engineering inspectors, the secretaries and fire department after permitting may tend to delay things . The fairness of charging the same fee for a single family or duplex home as for a commercial project was also questioned . City Attorney Adler suggested that the ordinance be adopted now and he and Mr . Leeds could redefine it by a later amendment . A motion was made by Vice Mayor Cook , seconded by Commissioner Bertino to adopt the ordinance on second and final reading and to direct Mr . Adler and Mr . Leeds to immediately start working on an amendment to the ordinance to resolve the fine points . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 5 The title of an ordinance amending Section 18 of the Code entitled " Pensions and Retirements" to permit the deduction of retirees ' health insurance premiums from pension benefit checks was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing . Hearing no one speak ^f in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to adopt the ordinance on second and final reading . During discussion of the motion, Commissioner Bertino suggested that the Commission look at the possibility of the City picking up payment of the health insurance premiums for retirees . The motion to adopt the ordinance passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 5. SITE PLAN REQUESTS - none 6 . EXPENDITURE REQUESTS 6 . 1 Request approval of $695 . 52 bill to Karon, Savikas & Horn, LTD. in connection with airport expansion . (continued from 6/14 ) ($95, 990.78 paid to date -- $ 57 , 642 . 65 to Karon Savikas & Horn ; j $38, 348 . 13 to noise consultants ) { For purposes of clarification , City Manager Jewell explained { i that the City did not fire Earl Gallop, the Attorney hired to represent the City in Phase I , but that Phase I has been completed , and the decision of whether or not a Phase II is necessary will be made at a later date . II I { Regular Commission Meeting 4 June 28, 1988 j City Attorney Adler pointed out that the total paid was less than that originally estimated and reported that any records that might be required in the event of a Phase If are in the possession of the City . A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to authorize payment of the $695 .52 invoice . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 7 . SPECIAL REQUESTS 8 . APPOINTMENTS 8. 1 Appointment of Commissioner and four members to the Downtown Redevelopment Agency . A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to appoint Commissioner Hirsch to head the Downtown Redevelopment Agency . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes A motion was made by Commissioner Bertino, seconded by " it, Commissioner Stevens to approve the following appointments : Maryann Signore appointed by Commissioner Bertino, Michael Del Sapio appointed by Commissioner Stevens, Ron Spencer appointed by Vice Mayor Cook , and Jim Kousek appointed by Mayor McElyea . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Mike Smith was directed by Commissioner Hirsch to set up a y meeting of the Downtown Redevelopment Agency during the second week of July . 9. DISCUSSION - none 10. CITIZENS ' COMMENTS 10 . 1 Request by Dr . David Preacher to address the Commission . Dr . Preacher commented on the unkempt status of the northeast section of the City and registered a complaint about the canal situation , Mancusi having been cited for pilings in violation but the City not following through to resolve the problem . Dr . Preacher also commented on the prostitution problem in the area and suggested that if the motels they live in were cited for fire code violations such as hotplates in the rooms, perhaps they would move on . He said he would like to see the northeast section protected by enforcement of the city ' s ordinances . i j10. 2 Request by Mrs . Anita Serpe to address the Commission . Mrs . Serpe expressed concerns about articles in the newspaper regarding the City ' s Police Department, and although concerned i about the budget deficit, spoke in opposition to the Broward Sheriff' s Office taking over Dania ' s Police Department . p (At this time, receiving Mayor McElyea ' s permission to comment, € Bill Brooks reported that the wiring in the City is in need of inspection and reinforced Dr. Preacher ' s complaint about the poor maintenance of landscape on city-owned property . ) Regular Commission Meeting 5 June 28, 1988 i 1 I { 11 . ADMINISTRATIVE REPORTS i 11 . 1 City Manager Jewell asked the Commission to schedule a workshop to discuss Seafair with Mr. Snyder . Commissioner Hirsch commented that he would rather not workshop Seafair until after workshopping the new City Manager applicants . It was generally agreed that the two items would not be combined and the workshop on Seafair was sche duled for Thursday, June 3 0, 1988, at 7 : 00 p .m . City Manager Jewell reported that he did not as yet have a proposal from the Broward Sheriff ' s Office regarding the Police Department, but was expecting to receive it by the end of the week and would distribute a copy to each Commissioner immediately . City Manager Jewell commented on the disaster at Port Everglades the night before and commended the Police and Fire Departments for outstanding action . 11 .2 City Attorney Adler congratulated Commissioner John Bertino on being honored as a distinguished educator in Broward County for twenty-two years . (At this time, Mayor McElyea invited Bobbi Grace to speak on behalf of the black community . ) Bobbi Grace agreed with Anita Serpe ' s comments in opposition to the Broward Sheriff' s Office taking over and expressed the black community ' s love for Dania ' s Police Department . I'. � 12 . COMMISSION COMMENT 12. 1 Commissioner Bertino commented on variances that are not followed through with and asked that a list of those be placed on the agenda . He commented on the need for some marine ordinances to strengthen the area of marine code enforcement . Commissioner Bertino also reported dead trees on Federal Highway need to be replaced . Commissioner Bertino commented about Sheriff Navarro ' s proposal regarding the Police Department and expressed the opinion that _�. all options should be explored . 12. 2 Commissioner Hirsch expressed his support of Dania ' s Police and Fire Departments and commented that those Police Officers who are unhappy in Dania should leave town . 12 . 3 Commissioner Stevens commented about the poor condition of the City and expressed dissatisfaction with Public Works Director Lund ' s performance . 12.4 Vice Mayor Cook welcomed Bill Brooks back and urged the citizens of Dania to move forward together on a positive note . 12. 5 Mayor McElyea expressed regrets to Commissioner Stevens on the loss of his son . i Mayor McElyea commented on the need to improve conditions at Frost Park , suggested the posting of " No Swimming " signs on the north side of the NW 14th Way property recently donated to the i j City, and urged participation with the County and other cities k i in cracking down and boarding up of old substandard buildings . j if Mayor McElyea expressed his feelings about the Police Department I` and said he would not like to see Dania ' s Police Department taken over, but would like to see more cooperation with the Sheriff' s Office . { Regular Commission Meeting � j 9 6 June 28, 1988 � f ij I J This Regular 9 r Commission Meeting was then adjourned . ZZ r r t LtR If f i I i i I 1 i r 1 r t i I i i ! 1 f 1 I i •` Regular Commission Meeting i June 28, 1988 FF- AGENDA DANIA CITY COMMISSION REGULAR MEETING JUNE 28, 1988 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1. CONSENT AGENDA Minutes 1 . 1 May 24, regular meeting 1. 2 June 14, regular meeting Bills 1. 3 Approval of bills paid for February, March, April and May Resolutions 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO BE DIRECTED TO THE BROWARD OFFICE OF THE FLORIDA DEPARTMENT OF TRANSPORTA- TION, RECOMMENDING THAT THE FLORIDA DEPARTMENT OF TRANSPOR- TATION ERECT SIGNS IN BOTH DIRECTIONS PRIOR TO REACHING ANY AND ALL EXITS FROM I-95 IN BROWARD COUNTY, WHICH SIGNS SHALL b INDICATE THE NAME OF THE CITY OR CITIES THE MOTORIST WILL BE EXITING INTO; 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. " Ordinances (first reading ) 1. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION ! 4. 20, ARTICLE 4, OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR WET AND DRY STACK MARINAS AS A PERMITTED USE IN C-3 ZONING CLASSIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL k RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE E REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " Petitioner - Bob Lizana 2. PROCLAMATION I 2. 1 "Crackdown Month" - July 1988 j i I 1 OF 3 j I L I 3. BIDS (8:15 P.M. CLOSING) 3. 1 Receipt of bids for accordian and single moveable panel partitions for the I .T. Parker Civic Center, including installation. 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building s Zoning 4. 1 Petitioner - Joseph Dorsey; Owner - Family Bank of Hallandale; property located at 5991 Ravenswood Road Public Hearing - VA-36-88 - A variance is requested to allow the erection of a pole sign with either 99 square feet per side for a doubled faced sign or 99 square feet per side for a three sided is gn (maximum pole signage permitted is 50 square feet per side for a double faced sign) . 4. 2 Petitioner/Owner - Marvin Mandel ; property located at 95 Ravenswood Road Public Hearing - VC-38-88 - A request to adopt resolution to vacate a 12 foot utility easement . 4. 3 Petitioner - James Maurer; Owner - Christine Vitolo; property located at 2010 NE 7 Avenue A) Public Hearing - VA-39-88 - The following variances are requested to allow the construction of a hotel facility : a) 189 parking spaces ( 224 required ) b) 18 landscape islands (28 required ) c) 25 ' street yard setback for porte cochere ( 50 ' required ) d ) 27% compact spaces (25% permitted ) B) SP-40-88 - A site plan approval is requested for a hotel � . facility. Administrative Ordinances (second and final readings ) 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "ZONING" AS ENACTED BY ORDINANCE NO. 100, BY ADDING A NEW SECTION THERETO TO AUTHORIZE A PREPAYMENT PROGRAM TO ASSURE RECOVERY OF THE COSTS OF ADMINISTRATIVE REVIEW AND PROCESSING OF APPLICATIONS, SUBMISSIONS OR REQUESTS INCIDENT TO ALL DEVELOPMENT IN THE CITY _ .,.i OF DANIA; PROVIDING THAT PERSONS MAKING SUCH APPLICATIONS, SUBMISSIONS OR REQUESTS PAY THE ACTUAL COST OF ADMINISTRATIVE REVIEW AND PROCESSING; PROVIDING FOR CERTAIN EXEMPTIONS TO APPLICATIONS, SUBMISSIONS AND REQUESTS INITIATED BY ANOTHER GOVERNMENTAL ENTITY ACTING IN A GOVERNMENTAL CAPACITY; PROVIDING THAT PROCEDURAL MATTERS OF THE PROGRAM HEREIN AUTHORIZED AND THE DEPOSITS THEREFOR BE ESTABLISHED AND PERIODICALLY REVIEWED AND AMENDED BY RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 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 OF 3 I I1 J PUBLIC HEARINGS (continued) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO PERMIT THE DEDUCTION OF RETIREES ' HEALTH INSURANCE PREMIUMS FROM PENSION BENEFIT CHECKS; 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. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. 1 Request approval of $695. 52 bill to Karon, Savikas & Horn, LTD. in connection with airport expansion . (continued from 6/14) ( $95, 990. 78 paid to date ($57, 642. 65 to Karon Savikas & Horn; $38, 348. 13 to noise consultants ) 7. SPECIAL REQUESTS - none 8. APPOINTMENTS 8. 1 Appointment of Commissioner and four members to the Downtown Redevelopment Agency. 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 4, 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 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. 3 OF 3 i CITIZENS ' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING JUNE 28, 1988 8:00 P.M. 1• Request by Dr. David Preacher to address the Commission. 2• Request by Mrs . Anita Serpe to address the Commission. ji I 1 i i i i f i N- re