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Home My WebLink AboutRegular Meeting (30) MINUTES REGULAR MEETING DANIA CITY COMMISSION OCTOBER 13, 1981 Invocation by Richard Marant Pledge of Allegiance Roll Call : Present: , -Playor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean.Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf..Rigo Building Official : Paul Maxwell . Zoning Consultant: Luther Sparkman 1. A motion.was made by Commissioner.Donly, seconded by Commissioner Cook to approve the minutes of the regular meeting of September 22, 1981, the workshop meeting of September 24, 1981, and the special meeting of September 29, 1981. The motion passed unanimously. 2. Public Hearings: a) Mayor.Bertino opened the public hearing on first reading of an ordinance approving the plat of "Hawthorne Industrial Park". Building Official Maxwell stated that the Planning and Zoning Board recommended that SW 4th Avenue.be eliminated from a collector street to a residential street upon approval of the Broward County Trafficways Committee. He further added that the Broward County Trafficways Committee is requesting- an 80' right-of-way from Griffin Road all the way to Sheridan Street. After lengthy discussion, Mayor Bertino then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this item until the next Commission Meeting of October 27, 19810 so that the City Administration can review this matter for clarification to the Commission. The motion passed unanimously. At this time, Mayor Bertino informed the Commission that Mr. Carl Zenobia, from the Human Relations Board has requested that he be allowed to present commendation awards to two people who heroically pulled people from a burn- ing plane crash. Mr. Carl Zenobia then presented these commendations to Mr. Ken Ryan and Mr. Jim Rend. b) Mayor Bertino then opened the public hearing on a special exception request from Basque Investment Corporation for the property located on NW Third Avenue, 155 feet south of NW First .Street,to allow the packaging of non- ferrous metals in. an .I-R (Industrial, Restricted) zoning classification. After hearing Mr. Carl Delspina speak in favor of this petition, the Mayor then closed the public hearing and opened to the Commission for action. A motion was made by Commissioner Cook, seconded by.Commissioner Donly to grant this special exception request from Basque Investment Corporation for the property located on NW Third Avenue to allow the packaging of non-ferrous metals in an I-R (Industrial, Restricted) zoning classification for a period of one year. The motion passed on the following roll call vote: Regular Meeting -1- October 13, 1981 Commissioner Adams-yes Commissioner Oonly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook -yes c) Mayor Bertino opened the public hearing on the request from John Haralam- bides for a variance for the property located at 213 SW 12th Street to allow the enclosure of an existing garage and the remodeling of a recreation room. Building Official Maxwell informed the Commission that Mr. Haralam- bides was aware that this request was denied at the Planning and Zoning Board Meeting due to his beginning construction of this recreation room in violation of a city alley right-of-way. After hearing Mr. Joseph Thorn- ton speak in opposition of this variance, the Mayor then closed the public hearing. A motion was made by Commissioner.Cook, seconded by Commissioner Donly to deny this variance request for Mr. John Haralambides for the property lo- cated at 213 SW 12th Street to allow the enclosure of an existing garage and the remodeling of a recreation room. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes d) Mayor Bertino opened the public hearing on .a variance request from Raymond and Curley Mae Walker for the property located at 130 NW Seventh Avenue to allow bathroom additions.to four existing cottages with insufficient setbacks and insufficient parking. After hearing the petitioner's daughter speak in favor of this request, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner.Cook to grant this variance request for the property located at 130 NW Seventh Avenue to allow bathroom additions to four existing cottages with insufficient setbacks and 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 the variance request from Jack C. Roberson, Jr. for the property located at 114E NW Seventh Avenue to allow the issuance of an occupational license for insurance sales with telephone use only. After hearing Jack.C. Roberson state his request, the Mayor closed the public hearing and opened to the Commission for action. A motion-was made by Commissioner Byrd, seconded by Commissioner Cook to grant this variance to Mr. Jack C. Roberson, Jr. for the property located at 114E NW Seventh Avenue to allow the issuance of an occupational license for insurance sales with telephone use only for a period of one year. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes f) Mayor Bertino opened the public hearing on a variance request by Nijac, Inc. , d/b/a Franco's Pizza for the property located at 137 South Federal Highway allow an increase in their present liquor license from "beer for consumption on premises" to "beer and wine for consumption on premises" in a C ( commercial ) zoning classification. Mr. John Layden, one of the owners of Franco's Pizza, stepped forward to ask approval of this request. Reverend John Brabham from Dania United Methodist Church came forward to read into the record a letter expressing disapproval of this request. Mayor Bertino then closed the public hearing. A motion was made by Commissioner Adams , seconded by Commissioner Cook to deny this variance request. Regular Meeting -2- October 13, 1981 The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-no Mayor Bertino-yes Commissioner Cook-yes g) Mayor Bertino opened the public hearing on the variance request from Mr. Martin Vratic for the property located at 18 SW 13th Street to allow the construction of a triplex in a C-3 zoning classification. Mr. Vratic stepped forward to request approval of this variance request. After no one spoke in opposition , the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the variance request to Mr. Martin Vratic for the property located at 18 SW 13th Street to allow the construction of a triplex in a C-3 zoning classification. After discussion with Building Official Maxwell that this item should be stipulated a Special Exception and that it has been properly advertised as such, the motion was restated to grant a Special Exception to Mr. Martin Vratic for the property located at 18 SW 13th Street to allow the construction of a triplex in a C-3 zoning classification. 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 Manager Marant opened the only bid received for a 20' Fiberglass Correct Craft, Tobago Model Boat from a J.L. Lay, 4940 SW 45th Avenue, Ft. Lauderdale.in the amount of $1,505.00. A motion was made by Commissioner Adams, seconded by Commissioner Donly to instruct City Manager Marant to tabulate this bid and bring back his recommendation at the next regular scheduled meeting of October 27, 1981. The motion passed unanimously. 4. City Manager Marant requested approval of the Community Affairs Modifica- tion Agreement with a change in the line item of Cultural"Enrichment to Professional Services (#19-5690-494 to #19-5690-310) in the amount of $312.50. A motion was made by Commissioner Donly, seconded by Commissioner Adams to grant this agreement with the above stated budget transfer in order to meet additional client needs for financial and/or emergency assistance. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 5. City Manager Marant requested approval of Community Services Trust Fund Grant Agreement for 1981. A motion was made by Commissioner Byrd, seconded by Commissioner Cook to grant approval of the Community Services Trust Fund Grant Agreement for 1981. The motion passed unanimously. 6. Clarke Walden stepped forward to discuss sewer hook-ups being provided to Ocean Waterway Mobile Home Park by the City of Dania. City Manager Marant informed the Commission that the City Administration would prepare a policy recommendation for the next regular Commission Meeting of October 27, 1981. Regular Meeting -3- October 13, 1981 7. Discussion was held on the drainage problem in the Southeast section of the City. A motion was made by Commissioner Donly, seconded by Commissioner Adams to authorize City Engineer, John Farina , at a non-expense to the City, to look at general concepts for a minimal amount of expenditure to alleviate the greatest amount of drainage in the Southeast section of the City. The motion passed with Commissioner Byrd voting no. 8. Mayor Bertino read a proclamation . claiming October 4-10, 1981, as 4-H Week in the City of Dania. 9. A motion was made by Commissioner Adams, seconded by Commissioner Cook to adopt a resolution supporting the [louse of Representatives version of the repeal of the Posse Comitatus Statute which states that the Armed Forces shall not be permitted to assist in drug seizures and arrests outside the land area of the United States. After furthur discussion, the motion passed on the following roll call 'vote: Commissioner Adams-yes Commissioner Donly-no Commissioner Byrd-no Mayor Bertino-yes Commissioner Cook-yes 10. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt a resolution authorizing the purchase of one motorcyle in the amount of $4,783.40 for the Police Department to be funded from the Local Law Enforcement Assistance Fund. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 11. Discussion was held on the County's request of water line replacement in conjunction with the widening of Stirling Road. City Manager Marant re- commended that the City not pay for the replacement of this water line. A motion was made by Commissioner Donly, seconded by Commissioner Cook to instruct the City Attorney to notify the County of the City's position with regard to this matter in that the City will not pay for the replacement of this water line. The motion passed unanimously. 12. Citizens' Comments: Stanley Rosenburg of Meadowbrook Lakes requested that the City Attorney and the City Manager look into the possibility of the County giving the citizens something for their tax money. He also stated that the non- residents of the City should have to pay to use Dania's Beach and Parks. George Thomas complained about a PVC line that the City put in between his house and his meter that had broken, and that he felt the City should re- place. City Manager Marant informed him that he would look into this problem. Mr. Thomas also informed the Commission of an old house next to his that 'should be demolished. Ms. Ross complained about the bar and disorderly conduct next to her property on South Federal Highway. City Manager Marant informed her that he would get together with Police Chief Rigo and try to work something out. Murray Cordon of Meadowbrook Lakes complained about the sanitation companys picking up garbage before 7:00 A.M. Estella Williams and members of her family at 414 SW 2nd. Terrace complain- ed about the messy and unsanitary conditions at Mac's Towing and West Shore Sanitation Co. Regular Meeting -4- October 13, 1981 Mr. Tom Sette of Westshore Sanitation stated that he has done everything he could possibly do to keep his business in shape and to please the people around him. After further discussion, Mayor Bertino suggested that this item be brought before the Human Relations Board. Mr. Mike Vollman stepped forward to ask questions concerning police pro- tection in the west side of town.He also expressed his concern for the drug trafficing that goes on at Modello Park. Mayor Bertino informed him that because the beach area is secluded that there hbs to be extra surveilance in that area, and because Modello Park is in a residential area they don't have as many patrol cars there. 13. Administrative reports: There were no administrative reports. 14. Commission comments: Commissioner Adams expressed his concern on the lack of street lights on Stirling Road and requested that the City put some pressure':on the County to install these lights. Commissioner Cook requested copies of the City of Dania franchise agreements. Commissioner Donly suggested that an item concerning property tax relief through support of an additional U sales tax be placed on the agenda for the October 27th meeting. A motion was made and seconded to adjournathis meeting. -C MMISSIONER CITY CL� ITOR Regular Meeting -5- October 13, 1981 11g S.C. FIRST AVCNUC � • DANIA, FLORIDA 33004 Telephone 922.4447 JOHN R. DRADHAM, Pastor 4111 S.e.4th street October 12, 1981 o2a97o1 Mr. John M. Bertino Mayor-Commissioner City of Dania 100 west Dania Beach Boulevard Dania, Florida 33004 Dear Mayor Bertino: i It has been brought to my attention that Franco's Pizza, 137 South Federal Highway, Dania, Florida is requesting the Dania City Commission to grant a vari- ance so that they can increase their present liquor license from "beer for con- sumption on premises" to "beer and wine for consumption on premises". The law states that this cannot be done within 1,000 feet of a church or school. ' Their property joins the south side of our property and they are certainly within 1,000 feet of our Church. I understand that the hearing will be held in the City Com- mission Chambers on Tuesday, October 13, 1981 at 8:00 P.M. I want to express my strong personal opposition to the granting of this vari- ance that has been requested by Franco's Pizza. Dania-United Methodist Church has also gone on record in opposing this request for a variance. I-am enclosing the signatures of. 82 persons who are members or constituents, some of which are mem- bers of the Administrative Board, who -want to voice their opposition. These pet- itions were signed on Sunday, October 11, '1981 at the worship service. I also have signatures of 21 persons who signed on October 4, 1981 at the worship serv- ice who were not present on October 11 , 1981. None of the signatures have been counted more than once. The Administrative Board meeting on October 4, 1981 voiced its opposition and requested that this be made known to the entire congregation and to the Dania City Commission. I am using this method to let our voice be heard. We, as a congregation, feel that this is just another example of the encroach— ment of the sale of alcoholic beverages in our community and we feel there are too manv of these already. We know that many people are. saying that it is not fair to businesses to keep them from serving alcoholic beverages. within 1,000 feet of a church or school when others are already doing it. What about being fair to the i Church which has been in the community at the same location far longer than any of t the businesses which have requested and been granted variances for the purpose of s. selling and consuming alcoholic beverages? The United Methodist Church has always opposed the sale and consumption of alcoholic beverages. "The Book Of Discipline Of The United Methodist Church (1980) states the following: "We affirm our long-standing support of abstinence from al- cohol as a faithful witness to Cod's liberating and redeeming love for persons. We all recommend abstinence from the use of marihuana and any illegal drug. As the use of alcohol and tobacco is .a major factor in both disease and death, we wupport educational programs encouraging abstinence from such use". (Page 94) . t r writ �--Ihlitel ��>tl�oli�yt �C1lttrr.li 1 1 a S.E. F I n S T A V C N U C , DANIA, FLORIDA 77004 Telephone 922.4447 JOHN It. DRADHAM, Pastor 418 S.E. 4th Street p 22.0701 Page 2 The Administrative Hoard has further asked that a copy of this letter and copies of the signatures be given to each member of the nania City Commission and to Franco's Pizza as well as other interested persons who are concerned about this matter. We appreciate all you have done and are now doing as Mayor and Commissioner in our community. May God's richest blessings be with you and yours always. Yours in His service$ John R. Hrabham JRH/ Enclosures iI t :i j sr J al A . i I I I I ' I • � �1latti�r �ItTi#L� c�L#I�nli�# ��I�tct� 11a S.E. FIRST AVENUE DANIA, FLORIDA 33004 JOHN R. aRAOHAM, Poster Telephone 022.4447 4111 S.E.411, Street 922.0701 October 11, 1981 To Whom It May Concern: We, the undersigned, being members and constituents of Dania United . Methodist Church, do hereby strongly urge that the Dania City Commission deny the variance .requested by Franco's Pizza, 137 South Federal Highway, Dania, Florida, which would allow them to increase their present liquor license from "beer for consmption on premises" to "beer and wine for con- sumption on premises." Their property joins the south side of our prop- erty and they are certainly within 1,000 feet of our Church. 140 ti, 1 11B s.E. FIRST AVENUE DAN IA, FLORIDA 33004 Telephone 922-4441 JOHN R. ORAOHAM, P2.1or 410 S.E. 4lh sleet October 11, 1981 922-070 1 To Whom It May Concern: We, the undersigned, being members and constituents of Dania United Methodist Church, do hereby strongly urge that the Dania� City Commission deny the variance requested by Franco's Pizza, 137 South Federal Highway, Dania, Florida, which would allow them to increase their present liquor license from "beer for consumption on Proinsethetsoutheside oflourfprop n sumption on premises." Their property j erty and they are certainly within 1,000 feet of our Church. 66 a � r,. .. 01"t 110 S.E. FIRST AVENUE DANIA, FLonIDA 33004 Telephone 922.4447 JOHN R. aRAOHAN, Pastor 410 S.E. 4u, street October 11, 1981 022.0701 To whom It May Concern: we, the undersigned, being members and constituents of Dania United Piethodist Church , do hereby strongly urge that the Dania City Commission deny the variance requested by Franco's Pizza, 137 South Federal Highway, Dania, Florida, which would allow them to increase their present liquor license from "beer for consumption on premises" to "beer and wine for con- sumption on premises. Their property joins the south side of our prop- erty and. they are certainly within 1,000 feet of our Church. Cis i �uti�t �:�zti#el �' i>t[j��li�t ��liztrrl� 110 S.G. FIRST AVENUE DANIA, FLOnIDA 07004 Talrphan< 922.4447 JOHN R. Dn ADHAM. Faetor 41 0 S.E. 4th Street 022.0701 October 11, 1981 To Whom Tt May Concern: We, the undersigned, being members and constituents of Dania United Methodist Church, do hereby strongly urge that the Dania City Commission deny the variance requested by Franco's pizza, 137 south Federal Highway, Dania, Florida, which would allow them to inerease .their present liquor license from "beer for consumption on premises" to "bear and wine for con- sumption on premises. Their property joins the south side of our prop- erty and they are certainly within 1,000• feet of our Church. l It'll FI 1� ,is S.E. FInsr AVENUE DANIA, FLORIDA 33004 Telephone 922.4441 JOHN R. ORARHAM, PAltor 41 0 S.C. 4lh Street 922.0701 October 11, 1981 To Inloln It May Concern: We, the undersigned, being members and constituents of Dania United Methodist Church, do hereby strongly urge that the Dania City Commission deny the variance requested by Franco's Pizza, 137 South Federal Highway, Dania, Florida, which would allow them to increase their present liquor license from "beer for consumption on premises" to "beer and wine for con- sumption on premises. Their property joins the south side of our prop- erty and they are certainly within 1,000 feet of our Church. , el >��,y� 4 Y t� b } S' E r AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 13, 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 Richard Marant. Pledge of Allegiance. Roll Call . 1. Approval of the minutes of the regular meeting of September 22, the workshop meeting of September 24 and the special meeting of September 29, 1981. 2. Public Hearings: ;i a) Request is made by M.E. Berry and Associates to approve on first reading an ordinance approving the plat of "Hawthorne Industrial Park". Proposed plat lies west of SW Fourth Avenue between Stirling Road and SW First Street. ° Also requested, is a revision to the trafficways plan to redesignate SW Fourth Avenue from a collector to a standard city street. EXHIBIT: Notice of Hearing (PZ-37-81) At the Planning and Zoning Board meeting of October 6, 1981, the petitioner withdrew the plat request. The Planning and Zoning Board recommended that SW 4th Avenue be eliminated from a collector street to a residential street upon approval of the Broward County Trafficways Committee. b) Special exception is requested by Basque Investment Corporation for the property located on NW Third Avenue, 155 feet south of NW First Street, to allow the packaging of non-ferrous metals in an I-R (industrial,rrestricted) zoning classification. The Planning and Zoning Board recommended approval of this request for a period of one year. EXHIBIT: Notice of Hearing (PZ-38-81) c) Variance request is made by John Haralambides for the property located at 213 SW 12th Street to allow the enclosure of an existing garage and the remodeling of- a recreation room. Subject property is located on the property line in an RD-6000-;(duplex) zoning classification. .i The Planning and Zoning Board recommended denial of this request. EXHIBIT: Notice of Hearing (PZ-39-81) t>: d) Variance request is made by Raymond and Curley Mae Walker for the property .; located at 130 NW Seventh Avenue to allow bathroom additions to four existing cottages with insufficient setbacks and insufficient parking. Subject ;z property is zoned RD-6000. a� .�:. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-40-81) e) Variance request is made by Jack C. Roberson, Jr. fro the property located s` at 114E NW Seventh Avenue to allow the issuance of an occupational license for insurance sales with telephone use only. Subject property is zoned RD-6000. rv;.. The Planning and Zoning Board recommended approval of this request for a V period of one year. e` EXHIBIT: Notice of Hearing (PZ-41-81) 1't, f) Variance request is made by Nijac, Inc. d/b/a Franco's Pizza for the property located at 137 South Federal Highway to allow an increase in their present liquor license from "beer for consumption on premises" to "beer and wine for consumption on premises" in a C-2 (commercial ) zoning classification. Subject property is located within 1,000 feet of a church. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-42-81) g) Variance request is made by Mr. M. Vratic for the property located at 18 SW 13th Street to allow the construction of a triplex in a C-2 zoning classification. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-43-81) 1 3. Receipt of bids for one 20' fiberglass Correct Craft, Tobago model boat. 4. Approval of Department of Community Affairs Modification Agreement requesting a budget transfer in order to meet additional client needs for financial and/ or emergency assistance. EXHIBIT: Modification Agreement 5. Approval of Community Services Trust Fund Grant Agreement for 1981. EXHIBIT: Agreement 6. Discussion of sanitary sewer hook-ups being provided to Ocean Waterway Mobile Home Park. APPEARANCE: Clarke Walden 7. Discussion of comprehensive drainage plan for the Southeast section between Dania Beach Boulevard and Tenth Street and between SE Fifth Avenue and Federal Highway. Mayor Bertino B. Request is made by Margo Tayss, 4-H Coordinator, for the City to proclaim October 4th through the 10th, 1981, as 4-H Week in the City of Dania. EXHIBIT: Letter and Proclamation 9. Adoption of resolution supporting the House of Representatives version of repeal of the Posse Comitatus statute which states that the Armed Forces shall be i permitted to assist in drug seizures and arrests outside the land area of the United States. EXHIBIT: Letter from E. Clay Shaw, Jr. and Resolution 10. Request by the Police Department to approve the purchase of one motorcycle in the amount of $4,783.40. EXHIBIT: Memorandum 11. Discussion and recommendation by City Manager Marant on water line replacement in conjunction with the widening of Stirling Road. EXHIBIT: Letter from Broward County Engineering Division r' 12. Citizens' comments. 13. Administrative reports. ) City Manager ab) City Attorney 14. Commission comments. a) Mayor Bertino b) Vice-Mayor Byrd c Commissioner Adams d) Commissioner Cook e Commissioner Donly .Y,. r... Regular Commission Agenda -2- October 13, 1981