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HomeMy WebLinkAboutRegular Meeting (47) E a MINUTES REGULAR MEETING DANIA CITY COMMISSION MARCH 9, 1982 Invocation by Richard Marant . Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook James Adams City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman Absent: Commissioner: Robert Donly A motion was made by Commissioner Adams, seconded by Commissioner Cook to excuse Commissioner Donly's absence due to his being in Tallahassee in reference to passing the one cent sales tax for ad varlorem tax relief. The motion passed unanimously. 1. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to approve the minutes of the regular meeting of February 23, 1982. The motion passed unanimously. 2. Public Hearings: a) Mr. Al Koch representing U.S. Lend Lease stepped forward to request plat approval for "U.S. Lend Lease Plat No. Three". Mayor Bertino then opened the public hearing, after no one spoke in favor of or against the request, the Mayor closed the public hearing. City Attorney Adler read the title of the ordinance approving the plat of "U.S. Lend Lease Plat No. Three" for second reading. Discussion followed concerning U.S. Lend Lease granting an easement of 60' along the northside of the property. After lengthy discussion, a motion was made by Commissioner Cook, second- ed by Commissioner Adams to approve the plat of "U.S. Lend Lease Plat No. Three" on second reading with the inclusion that there will be a 60' easement on the north end of the property to be used for road and utility purposes. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes b) Mayor Bertino opened the public hearing on variance request by Domenick Scotto for the property located at 1121 South Federal Highway to allow multi-family and commercial development in an RD-6000 (duplex) and C-3 (commercial ) zoning classification. Building Official Maxwell explained that Domenick Scotto has complied with the other two requests concerning Regular fleeting -1- March 9, 1982 I } allowing cars to back into the street from side parking spaces and allowing greater density than allowed by the zoning classification, so there is only a need for one variance to allow multi-family and commercial development in an RD-6000 (duplex) and C-3 (commercial ) zoning classification. Mr. Don Murray, representing fir. Scotto stepped forward to request approval of this request. The Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Adams to grant the variance request by Domenick Scotto for the property located at 1121 South Federal Highway to allow multi-family and commercial development in an RD-6000 (duplex) and C-3 (commercial ) zoning classification with the understanding that the landscaping Will be approved by the City of Dania Building Inspector,Paul Maxwell . The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes c) Mayor Bertino opened the public hearing on a request by Berry, Calvin, Broome & Farina for plat approval of the proposed plat of "Sea Oaks", generally located on Gulfstream Road approximately 326 feet north of East Dania Beach Boulevard, after hearing from the petitioner who requested approval , the Mayor closed the public hearing. City Attorney Adler read the title of the ordinance approving the plat of "Sea Oaks" for first reading. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to approve the ordinance on first reading approving the proposed plat of "Sea Oaks", generally located on Gulfstream Road approximately 326 feet north of East Dania Beach Boulevard. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes d) Mayor Bertino opened the public hearing on a variance request by Jonathan Lee Plummer for the property located at 1411 NW Tenth Street to allow the conversion of an existing garage into a second living unit in an RS-6000 zoning classification, and to construct a utility shed with insufficient setbacks. Mr. Jonathan Plummer stepped forward to request approval of this variance, Mr. Bob Mikes at 835 NW 13th Avenue stepped forward to ask clarification on this variance request. Mayor Bertino then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to continue the variance request by Jonathan Lee Plummer to allow the conversion of an existing garage into a second living unit in an RS- 6000 zoning classification until the next regular meeting of March 23, 1982, due to the fact that the Building Official had not received the set of plans presented .to the Commission by the petitioner. The motion passed unanimously. e) Mayor Bertino opened the public hearing on a request by Robert P. Legg for plat approval of the proposed plat of "Sandpiper Bay Commercial generally located on the northwest corner of East Sheridan Street and Southeast Fifth Avenue. Mr. Robert Legg stepped forward to explain that there is an agreement with the adjacent property owner for the 30' right-of-way dedication between "Sandpiper Bay Commercial" plat and "Sandpiper Bay North" plat and the five acre tract lying directly east of "Sandpiper Bay North". Mr. Legg informed the Commission that the deed should be obtained by the second reading of this plat and then he requested approval . Mr. Vito Cassara stepped forward to request that Utility Easements be allowed for use by the City and not to the public. Attorney Carl Adler stepped forward to request clarification Regular Meeting -2- March 9, 1982 Mayor Bertino then closed the public hearing. A motion was made ,by Commissioner Byrd, seconded by Commissioner Adams to adopt on first reading the ordinance approving the plat of "Sandpiper Bay Commercial ", contingent upon a 30' right-of-way dedication between "Sandpiper Bay Commercial" plat and "Sandpiper Bay North" plat and the five acre tract lying directly east of "Sandpiper Bay North" by the second reading. City Attorney Adler then read the title of the ordinance approving the plat of "Sandpiper Bay Commercial". The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes f) Mayor Bertino opened the public hearing on a request by Robert K Legg for plat approval of the proposed plat of "Sandpiper Bay North", - generally located on SE llth Terrace, approximately 342 feet west of SE 5th Avenue. Mr. Robert Legg explained that this request is in conjunction with the 30' right-of-way as discussed in the "Sand- piper Bay Commercial " plat approval and that there will also be a 30' right-of-way dedication in this plat. Mr. Vito Cassara stepped forward to request that this plat be-approved with the stipulation that these rights-of ways be used for the City use and not to the public. Hearing no one speak in opposition, the Mayor then closed the public hearing. City Attorney Frank Adler read the title of the ordinance approving the plat of "Sandpiper Bay North" for first reading. A motion was made by Commissioner Adams, seconded by Commissioner Cook to adopt on first reading the ordinance approving the plat of "Sand- piper Day North" contingent upon a 30' right-of-way dedication by the second reading. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes g) Mayor Bertino opened the public hearing on a special exception request by Bonzai International , Inc., d/b/a Round-Up, for the property located at 1302 South Federal Highway to allow a game room with a restaurant in a C-3 (commercial) zoning classification. . Mr. Norman Harris stepped forward to request approval . Mr. DiMao stepped forward to request clarification and bir. Spillio of 25 SW 14th Street inquired about what time curfew there will be. Murray Gordon suggested that this special exception be approved with the stipulation that if there is a disturbance and police are called, that it be shut down. Mayor Bertino then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to approve the special exception request by Bonzai International, Inc. , a/b/a Round-Up, for the property located at 1302 South Federal Highway to allow a game room with a restaurant in a C-3 (commercial ) zoning classification with the following stipulations: that this special exception is only valid for one year, that the time limit is 10:30 P.M. for closing, that there be no alcoholic beverages, that the restaurant be maintained, and that there only be ten games. The motion passed with Commissioner Cook voting no. Commissioner Adams-yes Commissioner Cook-no Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook added that she is voting no because she feels that the Commission should be consistant in these items. Regular Meeting -3- March 9, 1982 S h) Mayor Bertino opened the public hearing on a variance request by Jeanne Towne of Plantsville Nurseries, Inc. , for the property located at 1850 Stirling Road to allow the relocation of an existing billboard in a B-2 (commercial ) and R-2 (duplex) zoning classification. Jeanne Towne stepped forward to request approval . Building Official Maxwell recommended that this item be continued until the next regular meeting of March 23, 1982, so that he may have more time to review this request. A motion was made by Commissioner Byrd, seconded by Commissioner Adams to continue the variance request by Jeanne Towne for the next regular Meeting of March 23, 1982. The motion passed unanimously. 3. Discussion and possible action on amendment to permitted uses, accessory uses, and special exception uses of the I-G (Industrial , General ) zoning classification in Ordinance #100 was continued for two regular meetings from this date (April 13, 1982 regular meeting). 4. City Attorney Adler read the title of the resolution approving the DER biological report for bulkhead on Dania Beach property. City Engineer John Farina stepped forward to read the report received from the Department of Environmental Regulation dated February 3, 1982, there file number DF06-50578-6E. fir. Farina then recommended approval of this resolution. Mayor Bertino expressed his concern with the possibility of further deteriora- tion of the water quality in the general water flow area from a regional standpoint. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution granting permission to Dania Jai Alai Palace, Inc., as agent for the City of Dania to do necessary bulkheading and filling in connection with the lands leased at Dania Beach. Mayor Bertino recommended that this item be continued until the report can be received from DER on what detrimental effects this project will be to the wgter quality. The motion failed on the following roll call vote: Commissioners Adams-yes Commissioner Cook-yes Commissioner Byrd-no Mayor -Bertino-no City Engineer Farina added that he would request a biological report from Mr. Nichols from the Department of Environmental Regulation on the detrimental effects of this project and then have this discussion placed on another agenda. 5. City Manager Marant informed the Commission that Mr. Brody who was granted a variance on February 9th with the stipulation in the variance that he repaint his building has requested further consideration by the Commission. Mr. Brody stepped forward to explain that he has received a proposal from A & K Painting in the amount of $4,000.00 to repaint his building. He informed the Commission that he had just recently painted the building and . the cost was $3,200.00. Mr. Brody requested the Commission to reconsider this stipulation as he feels that there is nothing wrong with the paint job and that it is a financial hardship for him to repaint the building. City Attorney Adler informed the Commission that this variance request was approved with certain conditions and that it cannot be changed unless it is put through the procedure of another public hearing. The Commission directed Mr. Brody to see the Building Department about Regular Meeting -4- March 9, 1982 having this item placed on another agenda as a public hearing. 6. City Manager Marant informed the Commission that a request has been made by the City of Hollywood for funding support for the Fourth of July fire- work display at Hollywood Central Beach. Mr. Marant explained that this is not a budgeted item and recommended denial . A motion was made by Commissioner Adams, seconded by Commissioner Byrd to deny the request by the City of Hollywood for funding for the Fourth of July firework display at Hollywood Central Beach. The motion passed unanimously. 7. Mayor Bertino requested approval of the resolution supporting the South Broward Park District. City Attorney Adler read the title of the resolution. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution supporting the South Broward Park District. The motion passed unanimously. 8. A motion was made by Commissioner Cook, seconded by Commissioner Adams to continue the approval of the resolution authorizing the purchase of. an additional CRT for the water and sewer department for institution of utility billing to the next regular` meeting of March 23, 1982. The motion passed unanimously. 9. City Manager Marant recommended that Dania continue the same agreement with the County for the library for one more year. He added that on a yearly basis the Commission could review this agreement for a possible increase in the rent. He informed the Commission that the County has agreed to add a new entrance to the building on the northside. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to continue the Library Agreement with the County for a period of one year with the stipulation that the entrance be changed on the northside of the building. The motion passed unanimously. 10. A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve the bills for the month of January, 1982. The motion passed unani- mously. 11. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution reappointing Charles McElyea to the Dania Housing Authority for a 4 year term beginning November of 1981 to November of 1985. The motion passed unanimously. 12. Citizens' Comments: Mr. Rosenthal stepped forward to complain about motor homes and vans parking at the beach and requested that the City adopt an ordinance prohibiting this. Mr. Murray Gordon stepped forward to complain about the Dania Library not having up-to-date books. Mr. Paul DiMao stepped forward to commend the Dania Library. 13. Administrative Report: City Manager Marant reported on the demolition of derelect homes and the parking problem at the beach. He explained that he would have a recommenda- Regular Meeting -5- March 9, 1982 tion in two weeks for these items. 14. Commission comments: Commissioner Byrd inquired about when the clean-up for the city is planned. Mr. Marant informed him that the City is in the process of this clean-up and added that it is a never ending battle. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to adjourn this meeting. The motion passed unanimously. MA OR-COMMISSIONER CITY CLERK-AUDITOR Regular Meeting -6- March 9, 1982 z �i AGENDA DANIA CITY COMMISSION REGULAR MEETING MARCH 9, 1982 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 w th 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., Pledge of Allegiance. Roll Call . 1. Approval of the minutes of the regular meeting of February 23, 1982. 2. Public Hearings: a) Continuation of second reading of an ordinance approving the plat of "U.S. Lend Lease No. Three". b) Continuation of variance request by Domenick Scotto for the property located at 1121 South Federal Highway to allow multi-family and commercial develop- ment in an RD-6000 (duplex) and C-3 (commercial) zoning classification; to allow cars to back into the street from side parking spaces; and to allow greater density than allowed by the zoning classification. The Planning and Zoning Board recommended approval of this request. c) Request is made by Berry, Calvin, Broome & Farina for plat approval of the proposed plat of "Sea Oaks", generally located on Gulfstream Road approxi- mately 326 feet north of East Dania Beach Boulevard. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-5-82) d) Variance request is made by Jonathan Lee Plummer for the property located at 1411 NW Tenth Street to allow the conversion of an existing garage into a second living unit in an RS-6000 zoning classification, and to construct a utility shed with insufficient setbacks. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-6-82) e) Request is made by Robert P. Legg for plat approval of the proposed plat of "Sandpiper Bay Commercial", generally located on the northwest corner of East Sheridan Street and Southeast Fifth Avenue. The Planning and Zoning Board recommended approval of this request contingent upon a 30 foot right-of-way dedication between "Sandpiper Bay Commercial" plat and "Sandpiper Bay North" plat and the 5 acre tract lying directly east of Sandpiper Bay North. EXHIBIT: Notice of Hearing (PZ-7-82) f) Request is made by Robert P. Legg for plat approval of the .proposed plat of "Sandpiper Bay North", generally 1 ocated on SE 11th Terrace, approxi- mately 342 feet west of SE 5th Avenue. The Planning and Zoning Board recommended approval of this request contingent upon a 30 foot right-of-way dedication. EXHIBIT: Notice of Hearing (PZ-8-82) g) Special exception request is made by Bonzai International , Inc. d/b/a Round-up, for the property located at 1302 South Federal Highway to allow a game room with a restaurant in a C-3 (commercial) zoning classification. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-9-82) 4� h) Variance request is made by Jeanne Towne of Plantsville Nurseries, Inc. for the property located at 1850 Stirling Road to allow the relocation of an existing billboard in a B-2 (commercial) and R-2 (duplex) zoning classi- fication. The Planning and Zoning Board recommended approval of this request contingent upon the Building Official approving the construction plans. EXHIBIT: Notice of Hearing (PZ-10-82) 3. Discussion and possible action on amendment to permitted uses, accessory uses) and special exception uses of the I-G (industrial , general ) zoning classifica- tion in Ordinance No. 100 as amended. EXHIBIT: Schedule of Use Regulations 4. Consideration and possible approval of resolution approving the DER biological report for. bulkhead on Dania Beach property. EXHIBIT: Resolution (forthcoming) 5. Discussion and possible action on variance'granted to Mike Brody on February 9, 1982. APPEARANCE: Mike Brody 6. Request by the City of Hollywood for funding of Fourth of July firework display at Hollywood Central Beach area. EXHIBIT: Letter from City of Hollywood 7. Adoption of resolution supporting South Broward Park District. EXHIBIT: Resolution (forthcoming) 8. Consideration and possible approval of a resolution authorizing the purchase of an additional CRT for the water and sewer department for institution of utility billing. EXHIBIT: Resolution 9. Discussion of Library agreement between Broward County and the City of Dania. 10. Approval of the bills as paid for the month of January, 1982. 11. Reappointment of Charles McElyea to the Dania Housing Authority. 12. Citizens' comments. 13. Administrative Reports. 14. Commisssion comments. Regular Commission Agenda -2- March 9, 1982