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HomeMy WebLinkAbout1990-02-13 Regular City Commission Meeting AgendaAGENDA DANIA CITY COI{UISSION REGULAR I,IEETING FEBRUARY 13, 1990 8:00 P.[1. I NVOCAT ION ROLL CALL I PRESENTATIONS - Martin Luther King Elementary School for Black History Mont h - Kurt Volker regarding the March of Dimes Walkathon CONSENT AGENDA Mi nutes 1.1 Workshop meeting of January 16, 1990 1.2 Regular meeting of January 23, 1990 Resolutions ].3 ''A RESOLUTION OF THE CITY OF DAN]A, FLORIDA, APPROVING RAILROAD REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF' TRANSPORTATION, CSX TRANSPORTATION, INC. AND THE CITY OF DANIA RELATING TO GRADE CROSSING TRAFFIC CONTROL DEVICES ON TIGERTAIL ROAD; AND AUTHORIZ]NG THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. " 7.4 ''A RESOLUT]ON OF THE CITY OF DANIA, FLORIDA, AMENDING ITS WATER FUND BUDGET FOR THE EISCAL YEAR 1989-90 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONELICT HEREWITII BE REPEALED TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING T'OR AN EEFECTIVE DATE. N ''A RESOLUT]ON OF THE CITY OF DANIA, FLORIDA, AMENDING ]TS SEWER FUND BUDGET EOR THE FISCAL YEAR I989-90 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF' RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OE SUCH CONFLICT; AND PROVIDING FOR AN EFEECTIVE DATE. " .'A RESOLUTION OF' THE CITY OF DANIA, ELORIDA, AMENDING ITS GENERALrUND BUDGET EOR THE F]SCAL YEAR 1989-90 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS, AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE.II 1.6 I 2 CONSENT AGENDA ( continued ) ord i nances I.7 I'AN ORDINANCE OE THE CITY OT' DANIA, FLORIDA, APPROVING THE PLAT OF 'OLSEN MIDDLE SCHOOL SITE", SAME BEING: THE NE 7/4 OF THE SW 1/4 oF THE SE l/4 OE THE NW 1/4 OF THE SE l/4 OF rHE SE l/4 OF SECTTON 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS RIGIIT-OF-WAY FOR SE 2ND AVENUE, SAID LAND SITUATE, LYING AND BEING IN TIIE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 20.471 ACRES MORE OR LESS; 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT' AND PROVIDING FOR AN EFFECTIVE DATE. " PROC LAMAT IONS 2.1 Black History Month 3. BIDS - none 4 PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & zoning4.1 Petitioner/Owner - Brent Godlowski, property located at Ave nu eA) Public Eearing - VA-74-89 - A variance is requested to construction of a new retail building in conjunction existing apartment building in a C-2 zoning dist.rict parking spaces (14 spaces required ) B) SP-82-89 - A site plan approval is requested for a retail 4I NE 1st al1ow thewith an with 12 building Administrative ordinances 4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBPARAGRAPH(S) or SECTION 13-69, ARTICLE IV oF CHAPTER 13, OF THE CODE OF ORDINANCES OF TIIE CITY OE DANIA, FLORIDA, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITII BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFEECTIVE DATE.'' (Trash col lect ion) 4.3 *AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, CREATING A NEW SUBSECTION 17- 11 . 4 PROHIBITING TOTAL NUDITY IN ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; AND PROHIBITING ANY PERSON MAINTAINING, OWNING OR OPERATING AN ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OEFERED EOR SALE FOR CONSUMPTION ON THE PREMISES FROM PERMITTING OR SUEFERING TOTAL NUDITY IN SUCH ESTABLISHMENT; PROVIDING TIIAT ALL ORDINANCES OR PARTS OE ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFT'ECTIVE DATE.. 2 5 6 7 \/ ,-_-,,1 PUBLIC HEARINGS ( continued )4.4 ''AN ORDINANCE OF TITE CITY OF DANIA, ELORIDA, CREATING CHAPTER 29, CODE OF ORDINANCES ENTITLED ,LAND DEVELOPMENT" AND CREATING ARTICLE 1 ENTITLED ,,GENERALLY''; BY CREATING ARTICLE 2 ENTITLED "CONSISTENCY AND CONCURRENCY DETERMINATION STANDARDS'' AND ARTICLE 3 ENTITLED "LEVELS OF SERVICE' WHICH PROVIDES REGULATIONS FOR THE DETERMINATION OF CONCURRENCY AND CONSISTENCY OF ANY DEVELOPMENT WITH THE CITY OE DANIA AND BROWARD COUNTY COMPREHENSIVE PLANS; PROVIDING FOR SEVERABILITY' PROVIDING FOR AN EFFECTIVE DATE.'' ,.AN ORDINANCE OF THE CITY OF DANIA, ELORIDA, AMENDING SUBPARAGRAPH (5) OF SECTION 8-3(b) OF' ARTICLE I OE CI{APTER 8, OF THE CODE OF ORDINANCES OF THE CITY OE DANIA, F'LORIDA, TO PROVIDE CHANGES IN PERMIT FEES FOR PAVING, PARKING AND SIDEWALKS, AND PROVIDING TIIAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF' RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OE SUCH CONFLICT, AND PROVIDING rOR AN EFFECTIVE DATE. " 4.6 ''AN ORDINANCE OF' THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE EAST 158 FEET OE THE SOUTH 140 EEET OF TRACT I6, OE ''SEABOARD FARMSII , ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 22 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PET IT IONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY, PROVIDING FOR FILING OF COPIES, AND PROVIDING EOR AN EFEECTIVE DATE.,' (2983 Ravensrood Road ) ,AN ORDINANCE OF' THE CITY OF DANIA, FLORIDA, GRANTING TO EACH CITY COMMISSIONER AN OPTION TO PARTICIPATE IN THE CITY'S HEALTH INSURANCE PROGRAM OR IN LIEU TIIEREOF, TO BE COMPENSATED IN AN AMOUNT EOUAL TO THE PREVAILING COST FOR INSURANCE BENEFIT COVERAGE, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREW]TH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . ,' SITE PLANS - none EXPENDITURE REOUESTS - none SPECIAL REOUESTS'7.1 Request by Humane Society of Broward County to waive variance fee. 7.2 Request by El1en Walstatter t.o operate a pa$rn shop at 120 Sout.h Federal Highway. 7.3 Request from Donald Streeter to adjust his lease for the pier. '7.4 Request to close Nw 2 Street for the Goombay Festival. 7.5 Request by Commander Ralph Hernandez that certain undercovermaterials and traffic enforcenent devices be purchased by Dania. 7.6 Request by the Dania Housing Authority to appear before the City Commission. 3 4.7 APPO I NTM ENTS 8.I Appointment of o- z 8 two citizens to the Flag Committee. Appointment of one PoIice representativePoIice and Fire Pension Board. and one citizen to the o,Discussion ofauthority. proposed bill to establish a regional wastewater 9.3 Discussion on holding a1l building permits on the Glen-Lauren Plat.(Commissioner Bert i no ) I0.CITIZENS' COMMENTS - Comments by Dania citizens or interested partiesthat 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 fourt.h(4th) Monday of each month. Comments of any nature will be responded t.oby the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address theCity Commission during the meeting. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager11.1.1 Request for Workshop on Tuesday, February 20, Lo discuss concu rrency / zoaing , beach stickers, etc. ll.2 City Attorney 12.COMMISSION COMMENTS 12. 1 Commissioner Bertino 12 .2 Commissioner Cook 12 .3 Commissioner Grace12.4 Vice Mayor Mikes12.5 Mayor Mc Elyea ANY PERSON WEO DECIDES TO APPEAL ANY DECISION IIADE BY THE CITY COIMISSION WITH REGARD TO ANY MATTER CONSIDERED AT TEIS MEETING OR IIEARING WILL NEED A RBCORD OF TITE PROCEEDINGS, AND EOR SUCE PURPOSE !,tAY NEED TO ENSURE TIIAT A VERBATII,I RECORD OF THE PROCEEDINGS IS I,TADE WHICII RECORD INCLUDES TEE TESTI- II{ONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4 8.3 Appointment of one citizen as regular member and one citizen asalternate member to the CiviI Service Board. (The terms of tlerle flenneker and John Lassiter expire 3/90) 9. DI SCUSS ION9.1 Discussion regarding the repair of City Hal1 atrium floor with tileor carpet. RegulaEions of Chapter 28, accordance with the attached ORDINANCE NO. AN ORDINANCE OE THE CITY OF DANIA, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28, ZONING CODE, SECTION 4.20, SCHEDULE OF USE REGULATIONS AND SCHEDULE OF LOT, YARD AND BULK REGULATIONS, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONPLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania, Florida, has adopted a Comprehensive Plan i and WHEREAS, the City of Dania wishes to amend Section 4. 20, Yard and Bulk of Dania, in "B", so as to to the Dania Schedule of Use Regulations, and Schedule of Lot, Zoning Code of the City conform said Use, LoL' Yard Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1.That the City Commission of the City of Dania, to implement the 1989 Comprehensive P1an, hereby 4.20 of Chapter 28 ( Zoning ) of the Code of Elorida, in orde r amends Sect ion ordinances of Schedule of Use Regulations, as and made a part section 2. the Cit.y of Daniar Florida, specifically, the Regulations and the Schedule of Lot, Yard and BuLk set forth in Exhibits "A" and "8" attached hereto hereof. That except Exhibit "A" and Exhibit and Bulk Regu lat ions said Chapter 28 herein the codeprovisions of City of Dania,Florida, sha11 remain in fu11 amended, al l other- of Ordinances of tne force and effect. as of Ordinance No. LFY Hq t as d 9 TIlE U z OR'I lrl Phone: 92.1 -870O lOO WEST DANIA BEACH BLVD DANIA, FLORIDA 33004 February 2, l99O Honorable Nicki Grossman, Chair Board of County Commi ss ione rs Broward County Governmental Center 115 South Andrews Avenue Fort Lauderdale, Ftorida 33301 Re: Glen-Lauren Homes Pl at Dear Nicki: on October 24, L989, the above referenced plat was approved by the Dania City Commission. Subsequent to that approval, one of the commissioners obtained information that said plat vioLated the county safety standards and, therefore, should not have been approved for recording by Broward County. Because of this information, he has requested that I communicate his concerns to the Board of County Commissioners and request that an investigation be made by your engineering departmentt and, if a violation. of your safety standards is found, that your approval of the subject plat be rescinded and set aside by appropriate action of the county commiss ion If further information is needed, please let me know. Sincerely, .- Crrv oF Da.xra. &t(.rub Erank C. Adler City Attorney FCA:clb I ME}1 ORAN D U I,I TO: CITY MANAGER ROBERT FLATLEY FROM: WANDA MULLIKIN, CITY CLERK SUBJECT: OPTIONS FOR REPLACING FLOOR IN ATRIUM DATE: FEBRUARY 5, 1990 AFTER CONTACT]NG TWO CARPET COMPANIES FOR ESTIMATES ON REPAIRING THE FLOOR IN THE ATRIUM. WE WERE ABLE TO GET THE FOLLOWING ESTIMATES FROM MANOR FLOORING OF FT. LAUDERDALE. TO INSTALL CARPET IN THE CENTER PORTION OF THE ATRIUM LEAVING A TILE WALKWAY ON THE EAST AND WEST SIDES OF THE ATRIUM, THE ESTIMATED COST !iOULD BE $8,OOO. THIS IS A HEAVY DUTY COMMERCIAL CARPET RECOMMENDED BY THE OIVNER OF THE CARPET COMPANY. THE SAME ESTIMATED COST TO REPLACE TILE IN ENTIRE ATRIUM WITH THE TYPE OF TILE WOULD BE $24IOOO' BOTH OF THESE EST]MATES INCLUDE REMOVING THE EXISTING TILE. FRIEDRIOH, BLAOKWELT & .^(IKOS A PROFESSIONAL ASSOCIAIION 29OO EAST OAKLANO PAP'( tsOUIEVARO FORT LAU OEROALE, FLORIOA 333O6 J- PETEF| FRI EORICH WALTER K, B LAC KWELL KEN N EIH FI MIKOS J. PETER FRI E ORIC H, JR 2 Februarv 199 0 (3os) s6a r2as (3os) s63 - soTs Mr. Robert F. Fl at 1ey City Manager Dania City HaI I Dania, Fl or i.d a 33004 Re: Dear Mr. Flatley: I represent Donald V. Streeter. He has consulted me with respect to his rights and available lega1 remedies inlight of the recent and dramatic decrease in his business atthe fishing pier occasioned by your city's inauguration last September of the increa"se in hourly parking fees to $1.00. I have advised Mr. Streeter that the city's actionin i,ncrea.sing the parking charges amounts to constructive eviction, for which your city can be held 1iable in damages.Prior to the institution of such action, I wanted to take the opportunity to explore the possibilities of resolving Mr.Streeter's present dilemma through renegotiation of his Jease.In this regard, I would suggest two provisions of the lease which might be adjusted. First, the annual rental, and second ly, the amount of liability i nsurance coverage Mr.Streeter is required to maintain. With respect to adjustment of the annual rental , wepropose a reduction equal to the percentage reduction in Mr.Streeter's gross income. For example: his gross receipts forthe four-month perlod October, November, December, January, 1988 - 1989 rvere $172,8O1. For the same period in 1989 - 1990the gross receipts were $124,131. This amounts to a reductionin gross income of some $48,670. The percentage reduction ingross income wa.s 28.763%. We propose therefor that anappropriate reduction in rent be equal to this percentagefactor. For exampl e: Mr. Streetqr's current monthly rentunder the lease is $7,500 X 28.165: $2,172; 97,500 - 2,112 =$5,388. We propose further that gross i nc ome woul d bemonitored monthly with four-month cumulative totals to be Lease Agr eement /Fishing DTD/4 June 1987 Our Client: Donald V. Pier Complex Streeter Mr. Rober t 2 February Page Two F. Flatl ey 1990 compared to previously year's totals. l{lth respect to the liability insurancer we propose that the requirement be reduced to $500'000. There is one more thing. My client was wondering whether or not the city could reerect an appropriate sign in a consplcuous place announcing the free parking privi-1ege for fishermen. This would hopefully help somewhat. I would Presume that this Propo agenda item at the next regularly schedul meeting. If you would kindly let us know endeavor to make aPProP riate a myself to attend to answer commission may have. I sh KRM: j 1 Mr. Donald V. St reet er Frank C. Adler City Attorney sal can be made an ed city commission when that is, I will for Mr. Streeter and estions that the reply, and I am n gements ther qu v o r ruI ours, H R. MIKOS I e fu awa K ENN Section 3. That aI1 ordinances or parts of ordinances and alI resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the day of , 1990. day PASSED and of ADOPTED on Second and Final Reading on the ,1990. ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By:C FRANK C. ADLER, C ty At Lorney MAYOR COMMISS IONER -2- Ordinance No.