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HomeMy WebLinkAboutRegular Meeting (28) MINUTES REGULAR MEETING DANIA CITY COMMISSION NOVEMBER 10, 1981 Invocation by Richard Marant Pledge of Allegiance Roll Call : Present: Mayor: 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: Rodolf Riga Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Byrd, seconded by Commissioner Cook to approve the minutes of the regular meeting of October 27, 1981. The motion passed unanimously. 2. Public Hearings: a) Mayor Bertino opened the public hearing on a Special Exception request by Second Time Around for the property located at 625 East Dania Beach Boulevard to allow entertainment on Friday, Saturday, and Sunday starting at 8:00 P.M. After hearing from the petitioner who requested approval of this: Special Exception, the Mayor closed the public hearing. Discussion followed in reference to what type of entertainment could be performed there. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to grant this Special Exception request from Second Time Around with the stipulations that there be no nudity of any type, that there be no unusual noise, thdt this bd.-only for Friday, Saturday, and Sunday commencing at 8:00 P.M. , and that this Special Exception be.valid for one year only. This motion passed with Commissioner Cook voting no. b) Mayor Bertino opened the public hearing on a variance request by the Southland Corporation for the property located at 205 East Dania Beach Boulevard to allow gasoline sales in a C-2 zoning classification. Attorney Joel Kopelman representing the South- land Corporation stepped forward to explain intentions of this request and explained the site plan. Mr. James Serpe stepped forward to present a petition signed by residents in the area opposing this variance request. Mr. Frank Labella stepped for- ward to represent several property owners to express opposition. City Clerk Wanda Mullikin read into the record a letter received from Maria E. Miele and Mrs. Anna Richards opposing this request. Mayor Bertino then closdd the public hearing for action from the Commission. A motion was made by Commissioner Donly, seconded by Commissioner Cook to deny this variance request by the Southland Corporation for the property located at 205 East Dania Beach Boulevard to allow gasoline sales in a C-2 zoning classification. The motion passed unanimously. Regular Meeting =1- November 10, 1981 t, �5 c) Mayor Bertino opened the public hearing on a variance request from Ceasar Favarato far the property located at 901 Phippen Road to allow the construction of a structure with insufficient setbacks and lot size requirements. Mr. Kenneth Spry represent- ing Mr. Favarato stepped forward to explain what developments would be made with approval of this variance request. Several Dania residents and property owners in this area requested that the City inform the county that they want removal of SW 4th Avenue as a collector street (requiring an 80' right-of-way) on the Broward County Trafficways Plan. After lengthy discussion, the Mayor closed the public hearing. At this time, Commissioner Cook made a motion to table this item until the next regular commission meeting for a recommenda- tion to submit to the County. ' This motion died for lack of a second. A motion was made by Commissioner Donly,seconded by Commissioner Byrd to deny- the variance request by Ceasar Favarato for the pro- perty located at 901 Phippen Road to allow the construction of a structure with insufficient setbacks and lot size requirements. This motion failed on the following roll call vote: Commissioner Adams-no Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-no Commissioner Cook-no A motion was made by Commissioner Adams, seconded by Commissioner Cook to grant the variance request to Ceasar Favarato for the property located at 901 Phippen Road with the stipulation as re- commended by the Planning & Zoning Board that this variance be contingent upon removal of SW 4th Avenue as a collector street (requiring an 80' right-of-way) on the Broward County Trafficways Plan. Commissioner Donly and Commissioner Byrd expressed their disapproval of building more warehouses in this area. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-no Commissioner ByH-no Mayor Bertino-yes Commissioner Cook-yes Mayor Bertino requested that there be an item added to the next regular meeting agenda requesting the county to remove the 80' right-of-way on the Broward County Trafficways Plan. This meeting to be held on November 24th, 1981. d) Mayor Bertino then opened the public hearing on a Special Exception request from Karsten G. Olsen of Diversified Oil Company, Inc. for the property located on Taylor Road, approximately 900 feet west of Northeast Seventh Avenue to allow oil reclamation and a tank farm in an I-G zoning classification. Mr. H.J. Baulk stepped forward to re- quest approval of this Special Exception. After lengthy discussion, the Mayor then closed 'the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the Special Exception request by Karsten G. Olsen of Diversified Oil Company, Inc. with the stipulation that the City Engineer get together with Diversified Oil and definitively state the process that they will use for this tank farm. The motion passed unanimously. Regular Meeting -2- November 10, 1981 e) Mayor Bertino opened the public hearing on a variance request from Janice S. Sorrentino for the property located at 818 Argonaut Isle to allow the construction of a carport to an existing single family residence within 18 feet of the front property line. After hearing Janice and Bob Sorrentino request approval of this variance, the Mayor then closed the public hearing for action from the Commission. A motion was made by Commissioner Cook, seconded by Commissioner Adams to grant the variance request by Janice S. Sorrentino for the property located at 818 Argonaut Isle to allow the construction of a carport to an existing single family residence within 18 feet of the front property line with the stipulation as recommended by the Planning and Zoning Board that the carport never be enclosed. The motion passed unanimously. f) Mayor Bertino opened the public hearing for the Special Exception request by Tugboat Annie's, Inc. for the property located at 801 Northeast Third Street to allow entertainment (a four-piece band) in a C-3 (commercial ) zone. After hearing Jerry Zweighaft, Execu- . tive Vice-President of Harbour Towne Marine request approval of this Special Exception, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to grant the Special Exception to Tugboat Annie's for live entertainment that will be specified clearly in this Special Ex- ception. The motion passed with Commissioner Cook voting no. Commissioner Cook expressed her concern over not being able to control the noise. g) A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue the Special Exception request by Starling Howard of the People MUsic' Workshop for the property located at 6 South- west 5th Avenue to allow a theater in a C-2 zoning classification until the site plan can be presented at the next regular commission meeting of November 24th, 1981. The motion passed unanimously. 3. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the request by Dr. Gilbert H. Berken for the City of Dania to re- lease the deed restriction regarding mortgage companies, mortgage brokerage companies, and life insurance companies for the old bank building at the Southwest corner of Federal Highway and Dania Beach Boulevard and to authorize the proper'officials to sign this release. The motion passed unanimously. 4. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to grant the request from Manny's Bicycle and Sports to display a grand opening banner for a 30 day period at 29A South Federal Highway and that this be in compliance with the ordinance. The motion passed uani- mously. 5. City Attorney Adler recommended approval of the Developer's Agreement between the City of Dania and Ocean Waterway Utilities, Inc. regarding a sanitary sewer hook-up. Mr. Adler also informed the Commission that he was not sure how the name should read on the agreement and asked that the Commission grant a possible change in the name on the agreement. A motion was made by Commissioner Cook, seconded by Commissioner Donly to approve the Developer's Agreement between the City of Dania and Ocean Waterway Utilities, Inc. regarding a sanitary sewer hook-up with the, right to change the name on the agreement if necessary. The motion passed unanimously. 6. A motion was made by Commssioner Cook, seconded by Commissioner Adams to continue approval and adoption of a resolution supporting tax reform through sales tax revision until a copy of the Florida League of Cities resolution can be obtained so the City's resolution can be in conformity with the resolution from the Florida League of Cities. The motion passed unani- mously. Regular Meeting -3- November 10, 1981 7. City Manager Marant requested approval of the purchase of 6 police vehicles and explained that they would be paid oot of different funds. He continued to explain that one 1982 Grand Fury 4 door would be pur- chased from the Local Law Enforcement Assistance fund in the amount of $7,235.97, one 1982 Grand Fury 4 door would be purchased from the Law Enforcement Trust Account in the amount of $7,490.32, and that four 1982 Grand Furys 4 doors would be purchased from the Federal Revenue Sharing Fund for $28,943.88. Mr. Marant informed the Commission that these cars will be replacing 6 other cars that will be put out to public auction due to the extensive mileage they have. He also added that these cars were taken from a state bid list from Dade County. A motion was made by Commissioner Cook, seconded by Commissioner Adams to grant approval to purchase 6 police vehicles from Hollywood Chrysler- Plymouth. The motion passed unanimously. 8. Mayor Bertino informed the Commission that he was contacted by Mayor Virginia Young who requested that someone from Dania be appointed on the City of Fort Lauderdale's Sludge Plant Review Committee. Commissioner Cook nominated Mr. Murray Gordon to represent the City of Dania on this board. A motion was then made by Commissioner Cook, seconded by Commissioner Donly to nominate Mr. Murray Gordon to represent the City of Dania on the Fort Lauderdale Sludge Plant Review Committee. The motion passed unanimously. Mayor Bertino informed Mr. Gordon that the Administration would prepare a letter to be sent to Fort Lauderdale informing them of his nomination and requested that Mr. Gordon relay the activities of this committee back to the Commission. 9. A motion was made by Commissioner Donly, seconded by Commssioner Adams to continue the approval of the Traffic:Engineering Agreement between the City of Dania and Broward County until the next regularly scheduled meeting of November 24th, 1981, so that' City'Attorney Adler can clarify the agreement. The motion passed unanimously.. 10. Citizens' Comments: Brenda Blackmon 20 SW 7th Avenue stepped forward to express her dissatis- faction with the Parks and Recreation Committee not scheduling a meeting as of yet. She informed the Commission that she has called a meeting to be held at Modello Park next week regarding this committee. Commissioner Cook informed Ms. Blackmon that she has been working on setting a meeting and that Ms. Blackmon must report to her with reference to this Committee due to her being the Chairman. Mr. Murray Gordon stepped forward to inform the audiance that he had been contacted recently by Commission Cook to set up a meeting at;his house for this committee. He then discussed the resolution supporting tax reform through sales tax revision. 11. Administrative reports: a) City Manager Marant informed the Commission that he had received a letter from Idwella Goosby, Acting Chairperson for the General Employees informing him that the General Employees have agreed to the proposals from the City. He also requested that the Commission set an executive session to discuss this item. The Commission then decided to have this meeting November 19, 1981, at 4:15 P.M. A motion was made by Commissioner Donly, seconded by Commissioner Adams to declare the item of selling the 6" main water line on Stirling Road an emergency due to having to relocate the 12" line and in doing so, the existing 6" line will be cut-off that now stands over the south side of the bridge over the C-10 canal thereby eliminating the water supply to Dania. There is also the time factor due to Hollywood needing enough time to connect their Regular Meeting =4- November 10, 1981 12" line with the 6" line so that there will be continuous service. This motion also states that this line will be de- clared surplus and sold to the City of Hollywood without going out for bid. The motion passed unanimously. 12. Commission comments: Commissioner Byrd requested approval of a resolution commending James Jerome Gardner for his outstanding services rendered to Broward County and State of Florida. A motion was made by Commissioner Byrd, seconded by Commissioner Donly to approve this resolution commending James Jerome Gardner for his outstanding services rendered to the people of Broward County and the State of Florida. The motion passed unanimously. Commissioner Donly informed the Commission of a strikeforce document on his first meeting regarding the one cent sales tax and that he would . keep everyone up-to-date on the progress. He also notified the Commission that there will be a meeting on Saturday, November 21st in Fort Lauder- dale. Commissioner Cook informed the Commission that she has been appointed to the Broward League of Cities Committee. Mayor Bertino discussed the limits of liability insurance that munici- palities should carry. He also asked that this item be put on the next regular meetings agenda. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adjourn this meeting. The motion passed unanimously. MAYOR-COM S I NER CITY CLERK-AUDITOR Regular Meeting -5- November 10, 1981 AGENDA DANIA CITY COMMISSION REGULAR MEETING NOvEMBER 10, 1981 8:00 P.M. MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT Any person who decides to appea any dec Sion 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 October 27, 1981. 2. Public Hearings: 1 ?' a) Special exception request is made by Second Time Around for the property located at 625 East Dania Beach Boulevard to allow entertainment on Friday, Saturday and Sunday starting at 8:00 p.m. Subject property is zoned C-2 (commercial). The Planning and Zoning Board recommended approval of this request for a period of one year only. EXHIBIT: Notice of Hearing (PZ-44-81), b) Variance request is made by The Southland Corporation for the property located at 205 East Dania Beach Boulevard to allow gasoline sales in a C-2 zoning classification. The Planning and Zoning Board recommended denial of this request. EXHIBIT: Notice of Hearing (PZ-45-81) c) Variance request is made by Ceasar Favarato for the property located at 901 Phippen Road to allow the construction of a structure with insufficient setbacks and lot size requirements. Subject property is zoned I-G (industrial , general) . The Planning and Zoning Board recommended approval of the site plan contingent upon removal of SW 4th Avenue as a collector street (requiring an 80' right-of-way) on the Broward County Trafficways Plan. EXHIBIT: Notice of Hearing (PZ-46-81) d) Special exception request is made by Karsten G. Olsen of Diversified Oil Company, Inc. for the property located on Taylor Road, approximately 900 feet west of Northeast Seventh Avenue to allow oil reclamation and a tank farm in an I-G zoning classification. The Planning and Zoning Board recom- mended approval of this request subject to approval by the City Engineer. EXHIBIT: Notice of Hearing (PZ-47-81) f+. e) Variance request by Janice S. Sorrentino for the property located at 818 Argonaut Isle to allow the construction of a carport to an existing single family residence within 18 feet of the front property line. Subject property is zoned RS-6000 (single family). The Planning and Zoning Board recommended approval of this request with the stipulation that the carport never be enclosed. EXHIBIT: Notice of Hearing (PZ-48-81) f) Special exception request is made by Tugboat Annie's, Inc. for the property located at 801 Northeast Third Street to allow entertainment (a four-piece band) in a C-3 (commercial ) zone. The Planning and Zoning Board recommended j, approval of this request (a four-piece band) for a period of one year only. EXHIBIT: Notice of Hearing (PZ-49-81) g) Special exception request is made by Starling Howard of People Music Workshop for the property located at 6 SW 5th Avenue to allow ar:theater:..in:a C-2 zoning classification. The Planning and Zoning Board deferred this request until a site plan can be presented. -50-81) EXHIBIT: Notice of Hearing (PZ 3. Request by Dr. Gilbert H. Berken for the City of Dania to release the restriction regarding mortgage companies, mortgage brokerage companies and life insurance companies for the old bank building at the southwest corner of Federal Highway and Dania Beach Boulevard. EXHIBIT: Letter from Attorney Clarke Walden 4. Request by Manny's Bicycle and Sports to display a grand opening banner for 30 days at 29A South Federal Highway. APPEARANCE: Emmanoyel Ladikos 5. Discussion and possible approval of Developer's Agreement between the City of Dania and Ocean Waterway Utilities, Inc. regarding sanitary sewer hook-up. EXHIBIT: Agreement forthcoming 6. Discussion and possible adoption of resolution supporting tax "reform through sales tax revision. EXHIBIT: Resolution forthcoming 7. Approval of the purchase of 6 police vehicles: a) One 1982 Grand Fury 4-door at $7,235.97 b) One 1982 Grand Fury 4-door at $7,490.32 c) Four 1982 Grand Fury 4-doors at $28,943.88 8. Discussion and possible appointment to the City of Fort Lauderdale's Sludge t Plant review committee. Mayor Bertino. 9. Approval of Traffic Engineering Agreement between the City of Dania and Broward County. EXHIBIT: Agreement 10. Citizens' comments. 11. Administrative reports. a) City Manager b) City Attorney 12. Commission comments. a) Mayor Bertino b) Vice-Mayor Byrd c) Commissioner Adams d) Commissioner Cook e) Commissioner Donly i - ij f 1.' Regular Commission Agenda -2- November 10, 1981 {