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HomeMy WebLinkAboutNULL (279) ;i MINUTES DANIA CITY COMMISSION REGULAR MEETING November 22, 1988 INVOCATION - Vice Mayor Cook j PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Anthony Stevens City Attorney : Frank Adler City Manager: Robert Flatley Deputy City Clerk : Marie Jabalee PRESENTATIONS At this time, on the advice of his attorney, Mayor McElyea read a prepared statement to the public regarding former city employee , Michael Harris . 1 . CONSENT AGENDA Minutes 1. 1 August 30, workshop meeting 1. 2 September 6, special meeting 1. 3 September 19, special meeting Resolutions 1. 4 The title of a Resolution approving Agreement between City of Dania and Broward County for Park Project in the amount of $45, 000 was read by City Attorney Adler. 1. 5 The title of a Resolution approving Memorandum of Understanding between the City of Dania and Broward County regarding "Project Impac" was read by City Attorney Adler. Ordinances (First Reading ) 1 . 6 The title of an ordinance annexing to the City of Dania certain properties described as the north 140 feet of Lot 3, Block 3, Tropic Farms was read for first reading by City Attorney Adler. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to approve the consent agenda with the exception of item 1 .7. 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 Ordinance (First Reading ) 1. 7 Ordinance amending section 4-20 of Article II , Chapter 4 , of the ((( Code of Ordinances to delete the words "except nightclubs" and ! the words "indoors or outdoors" therefrom. 1 ' Vice Mayor Cook pulled this ordinance from the Consent Agenda to f i discuss possible adverse effects on some of Dania 's local businesses . 1 City Manager Flatley said the ordinance , which would delete the nightclub exception for outdoor bands playing after 11 : 00 p.m. , was originated in response to citizens ' complaints . ) I Regular Commission Meeting 1 November 22, 1988 i Po A f� f Wilson Atkinson, representing Austin Foreman and the proprietors of Tugboat Annie 's , addressed the situation of complaints arising from outdoor bands playing on Sunday nights at Tugboat Annie 's . He described a similar situation at Shooters where the neighborhood noise problem was eliminated without shutting down the business by bringing in professionals to ascertain which way the band should face and redirection of certain structures . He requested the Commission to reject the ordinance amending the code in this fashion and allow his clients to work with Staff to alleviate the noise problem by controlling the sound. It was noted that a letter Of opposition was also received from SeaFair as it would affect the outdoor operation at the beach where there are no residents. A motion was made by Commissioner Hirsch, seconded by Vice Mayor I Cook to table the ordinance. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes j Commissioner Stevens-yes I I I It was suggestedy b the Commission that in the future when complaints are received, Administration should try to work things out with those involved before bringing it to the Commission. i 2 . PROCLAMATIONS - none 3. BIDS 3. 1 Award of bids for water, sewer, paving and drainage for Collins Parc (Project Impac ) (continued from 11/8/88 ) On review and recommendation of the City Engineers, Berry and Calvin, City Manager Flatley recommended the bid be awarded to the low bidder, EGLA Construction of Pompano Beach in the amount of $125, 138. 00. A motion was made by Commissioner Bertino, seconded by Vice �• Mayor Cook to accept the recommendation and award the bid to EGLA Construction. The motion passed on the following roll call vote: J Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner: Holland & Knight for La Quinta Motor Inns, Inc. ; Owner: Rinker Materials Corp. ; property located at 2019 Griffin Rd . i A) PUBLIC HEARING - RZ-80-88 - rezoning ordinance (second & final reading ) lThe title of an ordinance rezoning part of the south 669 feet of Tract 13, Block 3 of Subdivision of Section 28, Township 50 South, Range 42 East lying west of the Seaboard Coastline Railroad, less the west 30 feet thereof, and less the south 35 feet thereof, from present zoning (M-3 ) to C-4 zoning classification was read for second and final reading by City Attorney Adler. City Attorney Adler reported the Planning and Zoning Board recommended approval of the rezoning and land use flex change with an 18 month time limitation. a , Regular Commission Meeting 2 November 22, 1988 s` Marcia Beach, Attorney representing La Quinta, explained the rezoning and land use flex change requests for purposes of erecting a 154 unit motel at the site . Alan Tallis, Senior Executive Officer with La Quinta Motor Inns, presented information on the company 's background and described development plans for a lodge catering to the commercial traveler, managed by a husband and wife management team who will live on the premises, with a free-standing restaurant located at the front of the project. Mayor McElyea opened the public hearing . Hearing comments by Mr. Hill about tractor-trailer parking arrangements, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the rezoning ordinance (RZ-80-88 ) on second and final reading. The motion passed on the following j roll call vote: i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes B) LUF-81-88 - A land use flex change (20% rule ) request to assign 3. 5 acres of flex acreage. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to grant the request (LUF-81-88 ) , with the condition that the building permit must be obtained within 18 months . 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 4 . 2 Petitioner: Richard W. Stoinoff ; Owner: The Family Bank of Hallandale; property located at 5991 Ravenswood Rd . PUBLIC HEARING - PL-79-88 - ordinance approving plat of "The Family Bank of p Hallandale Dania/Stirling Road Branch" (second & final reading ) j The title of an ordinance approving the plat of "The Family Bank of Hallandale Dania/Stirling Road Branch" was read for second and final reading by City Attorney Adler. Richard Stoinoff stepped forward to explain the request for perimeter plat approval . 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 Hirsch to adopt the ordinance approving the plat (PL-79-88 ) on second and final reading . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes f Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 3 Petitioner: Mitey Mite Race Tracks, Inc. ; Owner: M. I .M. I . Inc. ; { property located at 1501 NW 1 St . 1 A) PUBLIC HEARING - j ZT-04-88 - ordinance (second & final reading ) i The title of an ordinance amending Section 4. 20, Article 16, of Chapter 28 of the Code of Ordinances to provide for indoor/outdoor commercial recreation as a special exception use Regular Commission Meeting 3 November 22, 1988 IP z . , . 1 � � F,7"�.,-; 1 in IG zoning classification was read for second and final reading by City Attorney Adler. Don Sackman, Architect with Baldwin, Sackman and Associates, and the petitioner, Ron Mogerman, described plans to expand the race track and parking to the adjacent 4 acres east of the Mitey Mite property. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Growth Management Director Leeds explained that the present facility is zoned commercial and the expansion parcel is IG . A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to adopt the text change ordinance ( ZT-04-88 ) on second and final reading. The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes B) PUBLIC HEARING - SE-84-88 - special exception request to allow indoor and outdoor recreation use. A motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to grant the special exception request (5E-84-88 ) !, subject to submission of an acceptable site plan. 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. 4 Petitioner: Ben Franklin Enterprises, Inc. ; Owner: Salvatore & Celia Studiale ; property located at 1901 Griffin Rd . ( 2. 035+ acres ) A) PUBLIC HEARING - RZ-83-88 - rezoning ordinance (second & final reading ) I The title of an ordinance rezoning portions of Lots 13 and 14, Block 3, "Reed Land Company Subdivision" of Section 28, Township 50 South, Range 42 East from present zoning (M-1, Industrial ) to C-4 zoning classification was read for second and final reading by City Attorney Adler. Charles Seiger, Senior Vice President of Ben Franklin Enterprises, described development plans for an upgraded Econo-Lodge prototype . He presented a report of project status to date and stated that he anticipates no problem meeting the 18 month limitation on the land use flex. i Mayor McElyea opened the public hearing. Hearing Bob Lizano speak in favor, the Mayor closed the public hearing. 1 ( A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to adopt the rezoning ordinance (RZ-83-88 ) on second and final reading. The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice Mayor Cook-yes i Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 1 B) LUF-82-88 - A land use flex change (20% rule ) request to assign 2. 0 acres of flex acreage. Regular Commission Meeting 4 November 22, 1988 1 t ' lA motion was made by Vice Mayor Cook , seconded by Commissioner Hirsch to grant the request (LUF-82-88 ) , with the condition that the building permit must be obtained within 18 months . 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 Petitioner/Owner: John Leto, Sr. & Peter Leto, Sr. ; property located at 1910 Stirling Rd . PUBLIC HEARING - LUF-74-88 - A land use flex change request to assign 6. 0 acres of commercial flex acreage to industrial zoned property. A motion was made by Vice Mayor Cook , seconded by Commissioner Stevens to continue this item until the next Regular Meeting due to the absence of the petitioner. 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. 6 Petitioner/Owner: Grupico and Fromberg Associates; property located at 1105 Old Griffin Rd . PUBLIC HEARING - VA-85-88 - A variance request to amend existing variance (PZ-34-83 ) to allow blending and selling of water based acrylic l paints and coatings. The Planning and Zoning Board recommended approval w the conditions outlined in the Petitioner's letter datedct to 11/l/88. i j Irving Fromberg stepped forward to explain the variance needed to accommodate a prospective occupant of one of the bays in his company 's building. Mayor McElyea opened the public hearing. Hearing the petitioner ."4 agree to replant trees in response to a comment by Bob Mikes ' regarding landscape needs, the Mayor closed the public hearing. During discussion, Mr. Sedell , the prospective tenant, stated that the material , being 60% water, is not combustible and is odorless. A motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to grant the request (VA-85-88 ) subject to the conditions outlined in the petitioner's letter dated 11/1/88 and ! with the understanding that necessary trees be replaced. The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes I I 4. 7 Petitioner/Owner: Bryan Oaks Business Park ; property located at 115 North Bryan Rd. l A) PUBLIC HEARING - ! ZT-05-88 - ordinance (second & final reading) The title of an ordinance amending Section 16. 40, Article 16, of Chapter 28 of the Code of Ordinances to provide for indoor/outdoor commercial recreation as a special exception use in IRO zoning classification was read for second and final reading by City Attorney Adler. Regular Commission Meeting 5 November 22, 1988 i i 1 Don Sackman, Architect representing the petitioner, explained the text change request to accommodate the construction of a family oriented recreational facility with five miniature golf courses. Growth Management Director Leeds reported that this property is zoned IRO but the land use plan designation is industrial and this type of commercial recreation activity is permitted under the land use plan subject to Commission approval. 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 j Bertino to adopt the text change ordinance ( ZT-05-88 ) on second and final reading . 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 B ) PUBLIC HEARING - 5E-86-88 - special exception request to allow indoor and outdoor recreation use. A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to grant the special exception request (5E-86-88 ) subject to submission of an acceptable site plan . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes w Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Administrative ordinances (second & final reading ) 4 . 8 The title of an ordinance amending Article IV of the Code of Ordinances entitled "Pensions and Retirement" to permit Police Officers who were previously members of the City of Dania Police and Firefighters Retirement System and who are currently 4 employees of the Sheriff of Broward County pursuant to the service agreement approved by resolution no. 35-88 to remain as members of said system and to authorize said system to accept contributions for said continued membership was read for second and final reading by City Attorney Adler. i 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 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 Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 9 An ordinance amending Chapter 18 of the Code of Ordinances entitled "Pensions and Retirement" to redefine the definition of "Earnings" thereunder to comply with section 185. 02 ( 3 ) of the Florida statutes, providing that employer contributions to the plan must be made at least quarterly instead of annually. City Attorney Adler reported this ordinance is not yet ready for final adoption. A motion was made by Commissioner Bertino, seconded by Vice I+ Mayor Cook to continue this item until the next Regular t Commission Meeting. ( Regular Commission Meeting 6 November 22, 1988 'I 7 1 i 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. 10 The title of an ordinance amending sub-sections 1, 2 and 4 of Article 3, Part XII of the City Charter to require a four-fifth (4/5 vote of the city commission to approve the sale of city owned land with an appraised value of less than $250,000 and an approval by the majority of the electorate in a referendum election of land with an appraised value equal to or exceeding the sum of $250, 000 was read for second and final reading by City Attorney Adler. City Attorney Adler reported that this ordinance designed to put lmore controls on the sale of city property was requested by Commissioner Hirsch and Commissioner Stevens . Mayor McElyea opened the public hearing . Hearing Bob Mikes speak in favor, the Mayor closed the public hearing. 1 A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance on second and final j reading . The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 11 The title of an ordinance changing the caption of Section 5. 33 w of Chapter 28 of the Code of Ordinances from "C-1 and C-2 Districts" to "C-1 , C-2, C-3 and C-4 Districts" was read for second and final reading by City Attorney Adler. City Attorney Adler explained that he initiated this ordinance to include commercial districts C-3 and C-4 in the section of the code prohibiting the sale of alcoholic beverages within 1, 000 feet of a church or school. 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 Stevens, 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 Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 12 The title of an ordinance amending sub-sections (C ) , (D) and (E ) of Section 1, Article 4 , Part XII , of the City Charter to require a four-fifth (4/5 ) vote of the membership of the city commission for the approval of a lease of city owned land for a period in excess of twenty ( 20 ) years was read for second and final reading by City Attorney Adler. j I Mayor McElyea opened the public hearing . Hearing Bob Mikes and Hugo Renda speak in favor, 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: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes t Regular Commission Meeting 7 November 22, 1988 r r , f r i i 4. 13 The title of an ordinance amending Ordinance No. 268 by allowing the beneficiary of a deceased vested employee to elect to keep the benefits of the deceased employee in the plan until the would-be normal retirement date, or to take an actuarially reduced benefit at the time of death was read for second and final reading by City Attorney Adler. I 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 Hirsch 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 Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner: Jacques Gallet ; property located at the SE corner of SW 12 Ave . and SW First St. i SP-87-88 - site plan approval request for a retail , office and storage facility. i Yves Gallet stepped forward to present the site plan for Carib Plaza II . The petitioner agreed to meet all the conditions j recommended by the P&Z Board. The Planning and Zoning Board recommended approval subject to the following conditions: 1 ) submit revised site plan showing east elevation of the building; 2 ) improvements must be made to SW 1 St. and SW 12 Ave. prior to w issuance of Certificate of Occupancy ; and 3 ) install a 3 ' green belt on the south property line and more j landscaping along the building. I A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to grant site plan approval (SP-87-88 ) , subject to the P&Z Board conditions . The motion passed on the following roll call vote : I »off" Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Request by the United States Coast Guard Auxiliary for use of the I.T. Parker Community Center. Commander Harold Smith described the various meeting, school and vessel inspection activities of the 33 member volunteer organization and requested use of the I .T. Parker Community Center. He expressed the desire to negotiate a fee schedule. r The Commission generally agreed that a non-profit fee schedule could be offered for use of the hall and Commander Smith was i advised that the request to use boat ramps for vessel inspection r should be directed to Harbour Towne Marina. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to refer the request for use of the Community Center to the City Manager for negotiation and recommendation at the next Regular Commission Meeting . The motion passed on the following roll call vote: Regular Commission Meeting 8 November 22 19 88 f L� i Commissioner Bertino-yes Vice Mayor Cook-yes l Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 8. APPOINTMENTS 8. 1 Appointment to Code Enforcement Board to replace Jack Bradley. (Must be a real estate person. ) A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to appoint Richard Bettor to the Code Enforcement Board. The motion passed unanimously. 9. DISCUSSION 9. 1 Discussion regarding alleys lying between SE 7 St . and 10 St. and between SE 3 Ave. and SE 3 Lane. City Manager Flatley reported a complicated to the haphazard p problem with regard p posting of bonds by the builders involved for j paving of these alleys in the past. Growth Management Director Leeds described the need to reimburse Gerald Smilen, the builder who is currently doing the work on the alley between SE 3 Ct. and SE 3 Lane, and the confusion regarding the amount to be reimbursed. Mr. Leeds said the city has collected $11, 345 from contractors ' bonds, some paying higher sums than others . The problem of how to equitably reimburse Mr. Smilen for completion of the alley was discussed. It was noted that Mr. Smilen 's cost estimate ($23, 000 ) is substantially higher than the City Engineer 's estimate. Mr. Smilen also described problems he is facing trying to get C.O. 's for unrelated development. It was generally agreed that the $11 , 345 collected by the City should be paid to Mr. Smilen for completion of the alley and the other builders involved should be contacted to contribute their proper share. During discussion of possible elevation problems it was suggested that retaining walls might be a workable solution . Mayor McElyea asked Staff to work on getting provisions for one to five year maintenance bonds written into the code . With regard to the alley between SE 3rd Ave. and SE 3rd Ct. , Growth Management Director Leeds explained that the alley has not been started. The required bond amount for each lot was to be posted at Certificate of Occupancy and, since C.O. 's have not been issued on many of the lots, at present the city has insufficient money to build the alley. It was suggested that construction of the alley be put out to bid and the cost, when determined, be evenly distributed among the twenty lots involved. Mr. Leeds was advised that those occupants of homes without C.O. 's should be given the opportunity to post their alley bonds and receive their C.O. 's before the city starts issuing code enforcement citations . j 9. 2 Discussion regarding modification of Harbour Towne Marina Lease. i City Manager Flatley presented a request by Mr. Graham to modify the Harbour Towne Marina lease pending sale of the Marina . Mary Blasi distributed copies of the proposed modification of lease agreement and described two major changes : 1 ) A revision in the rate structure of lease payments for the next 22 years, { changing from minimum annual payments or percentage of gross sales to increased minimum annual payments paid monthly, and elimination of the percentage of gross sales provision. Would 1 be a $420, 000 increase in the lease payments over the 22 year lease life with the bulk of the increase up front; and Regular Commission Meeting 9 November 22, 1988 I r `4 , I I 2 ) Elimination of the provision that the lessor (City) waives r, all ad valorem taxes. Commissioner Stevens said he believes the property evaluation right now is $2, 924, 620 not including the civic center or boat storage. A motion passed unanimously to discuss this further at a Workshop on November 28th at 7: 00 p.m. and to add it to the agenda for possible action at the Special Meeting scheduled for 8: 00 p.m. , November 28, 1988. 9. 3 Discussion regarding approval Agreement between the City ofDania and uDesign m to hCenter rofndheewer Americas. Agenda item 9. 3 was deferred. 10. CITIZENS ' COMMENTS i No verbal or written requests for Citizens ' Comments for this night 's meeting were received . 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Flatley reported that he will be distributing a telephone contract proposal for the Commission 's review before the next meeting. 11. 2 City Attorney - no comment. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment. 12. 2 Commissioner Hirsch - no comment . i 12. 3 Commissioner Stevens - no comment . 12. 4 Vice Mayor Cook - no comment . 12. 5 Mayor McElyea read a thank-you note from the retired principal of Dania Elementary School. Mayor McElyea reiterated his request to Staff to look into street maintenance bonds. This Regular Commission Meeting was then adjourned. YO -CO fIS 0 i CITY CLE K-AUDITOR 1 I Ji Regular Commission Meeting 10 November 22, 1988 s. `I f AGENDA DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 22, 1988 8:0o P.M. INVOCATION PLEDGE OF ALLEGIANCE j ROLL CALL PRESENTATIONS 1. CONSENT AGENDA Minutes 1. 1 August 30, workshop meeting 1. 2 September 6, special meeting 1. 3 September 19, special meeting Resolutions 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY FOR PARK PROJECT IN THE AMOUNT OF $45, 000; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DANIA AND BROWARD COUNTY REGARDING "PROJECT-IMPAC" ; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances (first reading) 1 . 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NORTH 140 FEET OF LOT 3, BLOCK 3, TROPIC FARMS, ACCORDING THE THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4-20, OF ARTICLE II, OF CHAPTER 4, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO DELETE THE WORDS "EXCEPT NIGHTCLUBS" AND THE _ WORDS "INDOORS OR OUTDOORS" THEREFROM; 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. " 3 2. PROCLAMATIONS - none 3. BIDS 3. 1 Award of bids for water, sewer, paving and drainage for Collins Parc (Project Impact ) . (continued from 11/8/88) 1 OF 6 I , J ' J 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner - Holland & Knight for La Quints, Motor Inns, Inc. ; Owner - Rinker Materials Corp. ; property located at 2019 Griffin Road. A) Public Hearing - RZ-80-88 (final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THAT PART OF THE SOUTH 669 FEET OF TRACT 13, BLOCK 3 OF SUBDIVISION OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST LYING WEST OF THE SEABOARD COASTLINE RAILROAD ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2 PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS THE WEST 30 FEET I THEREOF, AND LESS THE SOUTH 35 FEET THEREOF, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; 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. " B) LUF-81-88 - A land use flex change (20% rule) is requested to assign 3. 5 acres of flex acreage. 4. 2 Petitioner - Richard W. Stoinoff ; Owner - The Family Bank of Hallandale ; property located at 5991 Ravenswood Road Public Hearing - PL-79-88 (final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF _ "THE FAMILY BANK OF HALLANDALE DANIA/STIRLING ROAD BRANCH" , SAME �• BEING: THE SOUTH 200 FEET OF THE EAST 200 FEET OF "HALLIGAN HEIGHTS" , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1° 28, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 18 FEET AND LESS THE EAST 20 FEET THEREOF FOR ROAD RIGHT-OF-WAY. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "THE FAMILY BANK OF HALLANDALE DANIA/STIRLING ROAD BRANCH" ; 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. " 4. 3 Petitioner - Mitey Mite Race Tracts , Inc . ; Owner - M. I.M. I. Inc. ; property located at 1501 NW 1 Street A) Public Hearing - ZT-04-88 - (second reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4. 20, ARTICLE 16, OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR INDOOR/OUTDOOR COMMERCIAL RECREATION AS A SPECIAL EXCEPTION USE IN IG ZONING CLASSIFICATION; 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. B) Public Hearing - 5E-84-88 - A special exception is requested to allow indoor and outdoor recreation use. 2OF 6 I J J PUBLIC HEARINGS (continued) 4. 4 Petitioner - Ben Franklin Enterprises , Inc . ; Owner - Salvatore & Celia Studiale ; property located at 1901 Griffin Road A) Public Hearing - RZ-83-88 - (final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: PORTIONS OF LOTS THIRTEEN & FOURTEEN, BLOCK 3, "REED LAND COMPANY SUBDIVISION" , OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE NORTH 87147 ' 39" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A. DISTANCE OF 1016. 85 FEET; THENCE NORTH 07003 ' 19" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COAST LINE RAILROAD, A DISTANCE OF 67. 71 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 07003119" EAST AND ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 113. 92 FEET TO A POINT OF CURVE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 3487. 87 FEET, AND A CENTRAL ANGLE OF 07o40 ' 06,, AN ARC DISTANCE OF 466. 79 FEET; THENCE NORTH 87047 ' 39" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 83. 39 FEET TO AN INTERSECTION WITH THE RIGHT-OF-WAY LINE SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 86095-2405 FOR STATE ROAD 862 (I-595) ; THENCE SOUTH 14031 ' 35" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 154. 41 FEET TO AN ANGLE POINT; THENCE SOUTH 08046 , 14" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 396. 25 FEET TO AN ANGLE POINT; THENCE SOUTH 10°32 ' 30" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 12. 15 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT AND ALONG SAID RIGHT-OF-WAY LINE, HAVING A RADIUS OF 35. 00 FEET AND A CENTRAL ANGLE OF 4005015611, AN ARC DISTANCE OF 24. 95 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD; THENCE SOUTH 87047 '39" WEST AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD, A DISTANCE OF 208. 05 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 2. 035 ACRES, MORE OR LESS, FROM PRESENT ZONING TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; 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. " B) LUF-82-88 - A land use flex change (20%) is requested to assign 2. 0 acres of flex acreage. 4. 5 Petitioner/Owner - John Leto, Sr. & Peter Leto, Sr. ; property located at 1910 Stirling Road Public Hearing - LUF-74-88 - A land use flex change is requested to assign 6. 0+ acres of commercial flex acreage to industrial zoned property. 3OF6 FF PUBLIC HEARINGS (continued) , 4. 6 Petitioner/Owner - Grupico and Fromberg Associates ; property located at 1105 Old Griffin Road Public Hearing - VA-85-88 - A variance is requested to amend existing variance (PZ-34-83) to allow blending and selling of water based acrylic paints and coatings . 4. 7 Petitioner/Owner - Bryan Oaks Business Park; property located at 115 North Bryan Road A) Public Hearing - ZT-05-88 - (second reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION I 16. 403 ARTICLE 16, OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR INDOOR/OUTDOOR COMMERCIAL I RECREATION AS A SPECIAL EXCEPTION USE IN IRO ZONING CLASSIFICATION; 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. B) Public Hearing - SE-86-88 - A special exception is requested to allow indoor and outdoor recreation use. Ordinances (second and final reading) 4. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO PERMIT POLICE OFFICERS WHO WERE PREVIOUSLY MEMBERS WHO ARE OF THE CITY OF DANIA POLICE AND FIRE FIGHTERS RETIREMENT SYSTEM AND #, PURSUANT CTOR THE L EMPLOYEES SHERIFF OF BROWARD SERVICEAGREEMENTEAPPROVED BY RESOLUTIONUNT NOY B TO REMAIN AS MEMBERS OF SAID SYSTEM AND TO AUTHORIZE SAID SYSTEM TO w ACCEPT CONTRIBUTIONS FOR SAID CONTINUED MEMBERSHIP; PROVIDING FOR A SAVINGS CLAUSE, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPLACED TO THE EXTENT OF SUCH CONFLICT; AND PROVISIONS FOR AN EFFECTIVE DATE. 11 4. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO REDEFINE THE DEFINITION OF "EARNINGS" THEREUNDER TO COMPLY WITH SECTION 185. 02(3) OF THE FLORIDA STATUTES, PROVIDING THAT EMPLOYER CONTRIBUTIONS TO THE PLAN MUST BE MADE AT LEAST QUARTERLY INSTEAD OF ANNUALLY, PROVIDING FOR A SAVINGS CLAUSE, ' 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 PROVISIONS FOR AN EFFECTIVE DATE. " i i 4OF6 PUBLIC HEARINGS (continued) 4. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-SECTIONS 1, 2 AND 4 OF ARTICLE 3, PART XII OF THE CITY CHARTER TO REQUIRE A FOUR-FIFTH (4/5) VOTE OF THE CITY COMMISSION TO APPROVE THE SALE OF CITY OWNED LAND WITH AN APPRAISED VALUE OF LESS THAN $250, 000 AND AN APPROVAL BY THE MAJORITY OF THE ELECTORATE IN A REFERENDUM ELECTION, OF LAND WITH AN APPRAISED VALUE EQUAL TO OR EXCEEDING THE SUM OF $250, 000; 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. " 4. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, CHANGING THE CAPTION OF SECTION 5. 33 OF CHAPTER 28 OF THE CODE OF ORDINANCES FROM "C-1 AND C-2 DISTRICTS" TO "C-1, C-2, C-3 AND C-4 DISTRICTS" ; 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. " 4. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-SECTIONS (C) (D) AND (E) OF SECTION 1, ARTICLE 4, PART XII, OF THE CITY CHARTER TO REQUIRE A FOUR-FIFTH (4/5) VOTE OF THE MEMBERSHIP OF THE CITY COMMISSION FOR THE APPROVAL OF A LEASE OF CITY OWNED LAND FOR A PERIOD IN EXCESS OF TWENTY (20) YEARS; 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. " 4. 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 268 BY ALLOWING THE BENEFICIARY OF A DECEASED VESTED EMPLOYEE TO ELECT TO KEEP THE BENEFITS OF THE DECEASED EMPLOYEE IN THE PLAN UNTIL THE WOULD-BE NORMAL RETIREMENT DATE, OR TO TAKE AN AC4"UARIALLY REDUCED BENEFIT AT THE TIME OF DEATH; 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 5. 1 Petitioner/Owner - Jacques Gallet ; property located at the SE corner of SW 12 Avenue and SW First Street sP-87-88 - A site plan approval is requested for a retail , office & storage facility. 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Request by the United States Coast Guard Auxiliary for use of the I.T. Parker Community Center. 8. APPOINTMENTS 8. 1 Appointment to Code Enforcement Board to replace Jack Bradley. (Must be a real estate person) 5OF6 I ; i 9. AISCUSSION 9. 1 Discussion regarding alleys lying between SE 7 St and 10 Street and between SE 3 Avenue and 3 Lane. 9. 2 Discussion regarding modification of Harbour Towne Marina Lease. 9. 3 Discussion regarding approval of addendum to the water and sewer agreement between the City of Dania and Design Center of the Americas . 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 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Stevens I 12. 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea ----------------------- _ _ __ - r- 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 TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I i j 6 OF 6