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HomeMy WebLinkAboutRegular Meeting (22) MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 14, 1981 Invocation by Commissioner Jean Cook. Pledge of Allegiance. Roll Call : , Present: Mayor John Bertino Vice-Mayor Chester Byrd Commissioner: James Adams Jean Cook Robert Donly City Attorney Frank Adler City Clerk Wanda Mullikin Police Chief Rudolf Rigo Zoning Consultant Luther Sparkman Absent: City Manager Richard Ma rant (vacation) Building Official Paul Maxwell (ill) 1. A motion was made by Commissioner Byrd, seconded by Commissioner Adams, to approve the minutes of the regular meeting of June 23, 1981. The motion passed unanimously. 2. Public Hearings: a) Special Exception request by Chula Corporation d/b/a Chalet 10 Le' for the property located at 368 East Dania Beach Boulevard to allow entertainment in a C-2 (commercial) zone. The Planning and Zoning Board deferred this request until the next regular meeting of August 4, 1981, due to the fact that the petitioner was not present. A motion was made by Commissioner Cook, seconded by Commissioner Donly to continue this request until the Planning and Zoning Board submits a recom- mendation to the Commission. The motion passed unanimously. b) Mayor Bertino opened the public hearing on a variance request by Carlton White for the property located at 705 Northwest Second Street to allow the construction of a duplex on a lot of insufficient width and square footage in an RD-6000 (duplex) zone; also, request is made for a variance on the required street side and side yard setbacks. The Planning and Zoning Board recommended approval of the insufficient width and square footage only. After the public hearing, a motion was made by Commissioner Cook, seconded by Commissioner Byrd to grant the variance request for insufficient width and square footage only. The motion passed on the following roll call vote: Commissioner Adams- yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes c) Mayor Bertino opened the public hearing on a request by Mr. B. A. Mulligan for the property generally located on Stirling Road approximately 300 feet east of I-95 to rezone from the present zone (R-2, duplex) to C-2 (commercial ). The Planning and Zoning Board recommended approval of this request. Mr. A. J. Ryan, representing the petitioner, presented this rezoning request to the Commission. ' Alfred Griffin, representing the Florida Audubon Society spoke against this rezoning request. City Attorney Adler read the title of the ordinance rezoning this property. After the public hearing, a motion was made by Commissioner Byrd, seconded by Commissioner Donly to adopt the ordinance on first reading to rezone this property to C-2 (commercial ) . The motion passed on the following roll call vote: Commissioner Adams - no Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - no Commissioner Cook - yes d) Mayor Bertino opened the public hearing on a variance request by School of Marine Engineering and Navigation for the property located at 2 West Dixie Highway, to allow a residential school with insufficient parking. Subject property is zoned C-3 (commercial ). The Planning and Zoning Board recom- mended approval of this request subject to an agreement between the peti- tioner's attorney and the City Attorney to provide for unity of ownership with regard to insufficient parking. Mr. John Kay, .contractor, and Mr. Ron Spencer of School of Marine Engineering and Navigation presented this request to the Commission. After the public hearing, a motion was made by Commissioner Cook, seconded by Commissioner Donly, to grant this variance request subject to an agreement between the petitioner's attorney and the City Attorney to provide for unity of ownership with regard to insufficient parking. The motion passed on the following roll call vote: Commissioner Adams - yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes e) Mayor Bertino opened the public hearing on a variance request by Zebbie Parrish for the property located on Northwest 13 Avenue, between West Dania Beach Boulevard and Northwest First Street, to allow the construction of a residence on an unplatted lot and with insufficient front and rear yard setbacks. Subject property is zoned R-2 (duplex). The Planning and Zoning Board recommended approval of waiving the platting procedures and to allow insufficient rear yard setbacks only. Castella Parrish presented this request to the Commission. After the public hearing, a motion was made by Commissioner Donly, seconded by Commissioner Byrd, to grant this variance to allow the construction of a residence on an unplatted lot with insufficient rear yard setbacks only. The motion passed on the following roll call vote: Commissioner Adams - yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes 3. City Attorney Adler read the title of the ordinance amending the Civil Service Rules and Regulations retroactive to March 7, 1977. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt ' on first reading the ordinance ratifying, affirming and approving the Civil Service Rules retroactive to March 7, 1977. The motion passed on the following roll call vote: Commissioner Adams - yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes A motion was made by Commissioner Donly, seconded by Commissioner Adams to consider the second reading of this ordinance an emergency due to the fact that the ordinance was not published when it should have been. The motion passed unanimously. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt on second reading the ordinance ratifying, affirming and approving the Civil Service Rules retroactive to March 7, 1977. The motion passed on the following roll call vote: Regular Meeting -2- July 14, 1981 Commissioner Adams - yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes 4. Adoption of resolution supporting Sheriff Butterworth's budget request to Broward County. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to adopt the resolution supporting Sheriff Butterworth's budget request to Broward County. After discussion, Commissioner.Byrd withdrew his second and therefore the motion died for lack of a second. 5. Request by Police Department to transfer $1,000 from the Law Enforcement Trust Account into the Police Special Investigation Cash Fund. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the transfer of $1,000 into the Special Investigation Cash Fund. The motion passed unanimously. 6. Request by Area Agency on Aging for fair share contribution. Commissioner Byrd stated that he had received a notice that Mrs. Rechtschasser of the Area Agency on Aging was unable to attend the meeting and that she would reschedule. 7. A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the bills as paid for the month of May, 1981. The motion passed unanimously. 8. City Attorney Adler read the title of an ordinance prohibiting loitering in the City of Dania. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt this ordinance on first reading. The motion passed on the following roll call vote: Commissioner Adams - yes Commissioner Donly - yes Commissioner Byrd - yes Mayor Bertino - yes Commissioner Cook - yes 9. Citizens' comments: Mr. Rosenberg stated that the City should investigate the possibility of the Sheriff's Department taking over Dania's Police Department. Carl Zenobia stated that he disagreed with Mr. Rosenberg and that he was not in favor of joining the Sheriff's Department. President of the Sunshine Villas commended Dania's Police Department. Murray Gordon also disagreed with joining the Sheriff's Department. 10. Administrative Reports: a) Acting City Manager Eugene Jewell stated that monies have been allocated in the 1981-82 budget for the Area Agency on Aging. He also stated that the contract has been awarded for the widening of Stirling Road from US 1 to I-95 and that construction will begin immediately. b) City Attorney Adler reported that the Sportsman's Lounge suit had been dismissed. 11. Commission Comments: a) Mayor Bertino reported that the Florida League of Cities annual convention would be held October 22, 23 and 24, 1981, and recommended that a full page ad be placed in the Florida Municipal Record. The Commission agreed. b) Vice-Mayor Byrd asked for a report from the Human Relations Board. Chairman Carl Zenobia reported that the next meeting would be held Monday, July 20, and that they now have a full board. Vice-Mayor Byrd also stated that the Regular Meeting -3- July 14, 1981 Statewide Black Coalition had invited him to the 1981 convention. The Commission agreed that he should represent the City at this convention. Vice-Mayor Byrd also stated that someone or some organization had started a rumor to discredit him as a Commissioner. He explained to the public that Mr. Ken Hall had asked him for a letter of character reference and that he had supplied him with this letter before he was busted for alleged criminal offenses. c) Commissioner Cook reported that she received a letter from the State of Florida, Department of Natural Resources regarding funding to Dania for erosion control , hurricane protection and beach preservation. She stated that the application for these funds must be in by August 15, 1981. d) Commissioner Donly reported that the County is proposing to cut the City's Road and Bridge Tax and requested thW the'Commission and citizens contact the County stating their opposition. The meeting adjourned. MAYOR-COMMISSIONER ATTEST: ' ,owe CITYCLERK-AUDITOR r' Regular Meeting -4- July 14, 1981 I AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 14, 1981 8:00 P.M. MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT Any person who decides to appeal any decision made by the Dania City Commission, with respect 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. Invocation by Reverend Jones. Pledge of Allegiance. Roll Call . 1. Approval of the minutes of the regular meeting of June 23, 1981. 2. Public Hearings: { a) A special exception request is made by Chula Corporation d/b/a Chalet '0 Le' for the property located at 368 East Dania Beach Boulevard to allow enter- tainment in a C-2 (commercial) zone. The Planning and Zoning Board deferred this request until the next regular meeting of August 4, 1981, due to the fact that the petitioner was not present. EXHIBIT: Notice of Hearing (PZ-29-81) b) A variance request is made by Carlton White for the property located at 705 Northwest. Second Street to allow the construction of a duplex on a lot of insufficient width and square footage in an RD-6000 (duplex) zone; also, request is made for a variance on the required street side and side yard setbacks. The Planning and Zoning Board recommended approval :df the insuffi- cient width and square footage only. EXHIBIT: Notice of Hearing PZ-30-81) c) Request is made by Mr. B. A. Mulligan for the property generally located on Stirling Road, approximately 300 feet east of I-95 to rezone from the present zone (R-2, duplex) to C-2 (commercial). The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-31-81) d) A variance request is made by School of Marine Engineering and Navigation for the property located at 2 West Dixie Highway, to allow a residential school with insufficient parking. Subject property is zoned C-3 (commercial ). The Planning & Zoning Board recommended approval subject to an agreement between the petitioner's attorney and the City Attorney to provide for unity of ownership with regard to insufficient parking. EXHIBIT: Notice of Hearing (PZ-32-81) e) A variance is requested by Zebbie Parrish for the property located on Northwest ". 13 Avenue, between West Dania Beach Boulevard and Northwest First Street, to allow the construction of a residence on an unplatted lot and with insufficient front and rear yard setbacks. Subject property is zoned R-2 (duplex). The Planning and Zoning Board recommended approval of waiving the platting proce- dures and to allow insufficient rear yard setbacks only. EXHIBIT: Notice of Hearing (PZ-33-81) 3. Adoption of emergency ordinance ratifying, affirming and approving the Civil Service Rules retroactively to March 7, 1977. 4. Adoption of resolution supporting Sheriff Butterworth's budget request to Broward County. Commissioner Cook _ 5. Request to transfer $1,000 from the Law Enforcement Trust Account into the Special Investigation Account. EXHIBIT: Memorandum 6. Request by Area Agency on Aging for fair share contribution. 1' 7. Approval of the bills as paid for the month of May, 1981. 8. Adoption of vagrancy ordinance. EXHIBIT: Ordinance forthcoming. 9. Citizens' comments. 10. Administrative Reports. a) Acting City Manager b) City Attorney 11. Commission comments. a) Mayor Bertino b) Vice-Mayor Byrd c) Commissioner Adams d Commissioner Cook e) Commissioner Oonly 7 Si- -2- July 14, 1981 Regular Commission Agenda