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HomeMy WebLinkAboutRegular Meeting (31) MINUTES REGULAR MEETING DANIA CITY COMMISSION DECEMBER 8, 1981 Invocation by Reverend John Brabam Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook James Adams Robert Donly Acting City Manager: Eugene Jewell City Attorney: Frank Adler Deputy City Clerk: Mary Jabalee Police Chief: Rudolf Rigo Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Adams , 'seconded by Commissioner Cook to approve the minutes of the special meeting of November 17, and the regular meeting of November 24, 1981. The motion passed unanimously. (Special Meeting of November 17th minutes were already approved at November 24th, 1981, meeting. ) 2. Public Hearings: (a) Mayor Bertino opened the public hearing on continuation of the special exception request by Starling Howard of the People Music Workshop for the property located at 6 SW 5th Avenue to allow a theater in a C-2 zoning classification. After dis- cussion from the Commission, 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 Starling Howard of the People Music Workshop with three stipulations: that this special exception conform to the City's landscaping ordinance, that it conform to noise provisions as stipulated in other special exceptions, and there be no nudity. This special exception would only be valid for 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 (b) Mayor Bertino opened the public hearing on the variance request by Jane Prussiamo for the property located at 111 Southeast Third Avenue, Apt. 403, to allow the issuance of an occupational license for telephone use only for sales of jewelry in an R-3A (multi-family) zoning classification. After hearing Murray Gordon, John Beyer, and Irving Goldstein from Meadowbrook Lakes Condominiums speak in opposition to this request, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to deny this variance request by Jane Prussiamo for the property loca- ted at 111 Southeast Third Avenue, Apt. 403, to allow the issuance of an occupational license for telephone use for sales of jewelry in an R-3A (multi-family) zoning classification, because this petitioner's address is listed by the county as the actual business address. After further discussion, this motion passed unanimously. Regular Meeting -1- December 8, 1981 (c) Mayor Bertino opened the public hearing on a variance request by Rholanda Higgs-Rule for the property located at 719 SW 5th Street and 711 & 715 SW 6th Street to allow an adult congregate living facility in an RS-6000 zoning classification. Attorney Wilson Atkinson representing Mrs. Higgs-Rule stepped forward to give a presentation for this variance request and submitted several petitions from people in the area and the city giving their ap- proval . . He also read a letter into the record from a Mrs. M. M. Sutton giving her approval . Attorney Frank Peterman came forward to represent property owners and city residents who were opposing this request. Mr. Willie L. Hill-731 SW 5th Street reported on information he received from the HRS Department and expressed his concern for the over-crowding in this facility. At this time, a patient of Mrs. Rules stepped forward to commend this facility. Mr. James Stephens stepped forward to express the need that the City of Dania has for this type of facility. Mr. Tyrone Ashe- Housing Coalition for Special Needs informed the Commission of the need for ACLF Homes and stated R & R Guest Home has been given a high rating as per a recent assessment on ACLF Homes. Mrs. Mildred Jones commended R & R Guest Home for helping needy people. Several other people who were patients, friends, and a business owner in Dania came forward to express their approval for Mrs. Rule. Attorney Atkinson came up again to request approval . Mr. Hill stepped for- ward again in opposition. After hearing Mrs. Higgs-Rule explain that she feels she is filling a need for the City of Dania, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Donly to deny the variance request from Rholanda Higgs-Rule for the property located at 719 SW 5th Street. Discussion followed concerning the possibility of turning an estimated 20 people out into the street, if this variance for 719 SW 5th Street is not approved. Commissioner Donly explained that at the present time this facility is being run legally because it is licensed as a 4-unit apartment dwelling with a kitchen area in each unit. He was concerned that in granting an "Adult Congregate Living Facility" this facility could expand to house even more people causing an even worse crowding situation. Commissioner Donly then stated he would like to withdraw his second to the present motion. Commissioner Adam's motion died for lack of a second. A motion was then made by Commissioner Donly, seconded by Commissioner Cook to continue the variance request by Rholanda.Higgs-Rule for the . property located at 719 SW 5th Street pending the official notifica- tion from HRS on whether or not people are going to be displaced by not granting this variance.and that HRS be notified to appear at the next regular meeting to address this issue. (December 22, 1981) 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 Byrd, seconded by Commissioner Adams to deny the variance request by Rholanda Higgs-Rule for the property located at 711 & 715 SW 6th Street to allow an adult congregate living facility in an RS-6000 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-no- Regular Meeting -2- December 8, 1981 a • THERE WAS A FIVE MINUTE RECESS AT THIS POINT (d) A motion was made by Commissioner Cook, seconded by Commissioner Adams to continue the request by Ves Carpenter Contractors to vacate street rights-of-way for North 15th Avenue, Hood Avenue, and Farragut Avenue until the recommendation can be submitted from the Planning & Zoning Board after their meeting in January. The motion passed unanimously. (e) Approval of the revised site plan for a multi-family development located on the U.S. Lend Lease Plat No. 1 was held over until the complete commission had returned from the recess. 3. At this time, John Farina, City Engineer stepped forward to request per- mission to present a change order for the Commission's approval concern- the contract for the water line installation on Stirling Road, Mayor Bertino informed the audience that due to this not being an agenda item that it would have to be declared an emergency item. Mr. Farina informed the Commission that it is an emergency item being that the contractor could not wait until the next regular meeting for a decision on this change order. A motion was made by Commissioner Donly, seconded by Commissioner Cook to declare approval of this change order an emergency due to the contractor needing a decision now to continue construction of installing a water line on Stirling Road. The motion passed unanimously. A motion was made by Commissioner Cook, seconded by Commissioner Donly to approve the change order as submitted by John Farina by deleting a netting of $20.00 for the installation of the 12' ,and 16' water lines on Stirling Road. The motion passed unanimously. (Agenda 4. A motion was made by Commissioner Donly, seconded by Commissioner Cook to item H5) adopt the resolution reappointing William Sargent and Audrey Cassese to the Code Enforcement Board for a three year term. The motion passed unani- mously. (Agenda 5. Mr. Al Koch representing U.S. Lend Lease submitted a presentation for the item q2e) approval a revised site plan for a multi-family development located on U.S. Lend Lease Plat N1, generally located on Sheridan Street, east of Southeast Fifth Avenue. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt a resolution approving the revised site plan for the multi-family development located on U.S. Lend Lease Plat H1, and that a copy of this site plan be filed with the City's Building Department. The motion passed unanimously. .(Agenda 6. Mr. Emmanouil Ladikos of Manny's Bicycle and Sports Sales & Service request- item N3) ed approval to display a sign at 29 South Federal Highway stating "WAVS 1190 AM Greek Radio Hour?. A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the request by Manny's Bicycle and Sports Sales & Service to display a 30' sign at 29 South Federal Highway stating "WAVS 1190 AM Greek Radio Hour". The motion passed unanimously. ,(Agenda 7. Mayor Bertino suggested hiring an actuarial firm to do a study on the item H4) City's General Employee's Pension Plan. Acting City Manager Jewell informed the Commission that this would be paid out of the Contingency Fund in the General Fund. Commissioner Cook suggested that the City Manager come back before the Commission with estimates from 3 firms on the cost to the City for this study. A motion was made by Commissioner Cook, seconded by Commissioner Donly to hire a firm to do an actuarial study of the City's General Employee's REGULAR MEETING -3- DECEMBER 8, 1981 is I . . . . e e Pension Plan as long as it does not exceed $1,500.00. The motion passed unanimously. (Agenda 8. A motion was made by Commissioner Adams, seconded by Commissioner Cook to item H6) approve the bills for the month of October, 1981. The motion passed unani- mously. (Agenda 9. Acting City Manager Eugene Jewell requested approval to purchase one item N7) police vehicle to replace one that was totaled in an automobile accident and explained that the expenditure of $985.97 would be taken from the Capital Purchases account for Police vehicles which is the difference in the cost of a new vehicle to replace the one damaged. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the purchase of this police vehicle. The motion passed unanimously. 10. Mayor Bertino requested appointing Eugene Jewell as Acting City Manager for the period of December 12th to January 4th as an emergency. A motion was made by Commissioner Cook, seconded by Commissioner Adams to declare an emergency appointing Eugene Jewell as Acting City Manager. The motion passed unanimously. A motion was then made by Commissioner Cook, seconded by Commissioner Donly to appoint Eugene Jewell as Acting City Manager from December 12th, 1981, to January 4th, 1982. The motion passed unanimously. (Agenda 11. Citizens' comments: item q8) Stanley Rosenberg stepped forward to inquire as to when the Fishing Pier Budget was passed by this Commission. Acting City Manager Jewell informed Mr. Rosenberg that if he-can stop in the City Hall tomorrow he would give him the minutes when it was approved along with a copy of the budget. Mr. Murray Gordon requested that the City look into a roadway that was constructed by Meadowbrook Lakes Development just South of SE 2nd. Street and 3rd. Avenue because coming out of that roadway there is a set of hedges on the southside blocking the view of the traffic coming north. He also informed them of a mound of dirt that young people are using to ride motor- cycles on that is located near a lake on the Meadowbrook Lakes development and expressed his concern for safety. (Agenda 12. Administrative reports: item N9) (a) Acting City Manager Jewell requested that the Commission set a workshop meeting to discuss negotiations to submit to the county on the expansion of the airport. The Commission set a workshop meeting for Tuesday, December 15th, 1981, at 4:15 P.M. (Agenda 13. No Commission comments: item H10) A motion was made by Commissioner Adams, seconded by Commissioner Cook to adjourn this meeting. The motion passed unanimously. r /M OR-COMMISSIONE RR CITY CLERK-AUDITOR Regular Meeting -4- December 8, 1981 AGENDA DANIA CITY COMMISSION REGULAR MEETING® DECEMBER 8, 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. i Invocation Pledge of Allegiance. Roll Call. 1. Approval of the minutes of the special meeting of November 17, and the regular meeting of November 24, 1981. 2. Public Hearings: a) Continuation of special exception request made by Starling Howard of People Music Workshop for the property located at 6 SW 5th Avenue to allow a theater in a C-2 zoning classification. The Planning and Zoning Board recommended approval of this request for one year only with the stipulation that there be no nudity. b) Variance request is made by Jane Prussiamo for the property located at 111 Southeast Third Avenue, Apt. 403, to allow the issuance of an occupational license for telephone use only for sales of jewelry in an R-3A (multi-family) zoning classification. The Planning and Zoning Board recommended denial of this request. EXHIBIT: Notice of Hearing (PZ-51-81) 0 c) Variance request is made by Rholanda Higgs-Rule for the property located at 719 SW 5th Street and 711 and 715 SW 6th Street to allow an adult congregate living facility in an RS-6000 zoning classification. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-52-81) 0 d) Request is made by Ves Carpenter Contractors to vacate street rights-of-way for North 15th Avenue, Hood Avenue, and Farragut Avenue. Subject property is generally located on the northwest corner of Sheridan Street and South- east Fifth Avenue and is zoned commercial . The Planning and Zoning Board deferred this request until next month in order to give the petitioner time to work out a solution to the access problem that would be acceptable to the surrounding property owners. EXHIBIT: Notice of Hearing (PZ-53-81) e) Request is made by U.S. Lend Lease for approval of a revised site plan for multi-family development located on U.S. Lend Lease Plat No. 1, generally located on Sheridan Street, east of Southeast Fifth Avenue. The Planning and Zoning Board recommended approval of this request. 3. Request is made by Emmanouil Ladikos of Manny's Bicycle and Sports Sales and Service to display a sign at 29 South Federal Highway stating WAYS 1190 AM Greek Radio Hour". EXHIBIT: Letter 4. Discussion of hiring a firm to do an actuarial study on the City's General Employee's Pension Plan. Mayor Bertino 5. Reappointment of William Sargent and Audrey Cassese to the.Code Enforcement Board for three year terms. 6. Approval of the bills for the month of October 1981. 7. Request to approve purchase of one police vehicle to replace one that was totaled in an automobile accident. EXHIBIT: Memorandum 'A • 8. Citizens' comments. • 9. Administrative reports. a City Manager b City Attorney 10. Commission comments. a) Mayor Bertino • b) Vice-Mayor Byrd c Commissioner Adams d) Commissioner Cook e Commissioner Donly • • • • • • .A'. i. Y� Regular Commission Agenda -2- December 8, 1981 i}2