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HomeMy WebLinkAboutRegular Meeting (51) MINUTES REGULAR MEETING DANIA CITY COMMISSION MAY 11, 1982 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: Rudolf Rigo Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to approve the minutes of the regular meeting of April 27, 1982. The motion passed unanimously. (Item #3 2. Assistant City Attorney Allan Milledge stepped forward to report on agenda) to the Commission on how the meeting went with the County officials regarding the Fort Lauderdale/Hollywood International Airport expan- sion project on Monday, May 10, 1982. He expressed optimism about reaching an agreement with the County regarding the replacement of lost revenues for Dania. He also informed the Commission that another meeting has been set for Friday, May 14th at 3:00 p.m. at the County. (Item #2 3. Public Hearings: a,b,c,d,e, f,g, on a) Mayor Bertino opened the public hearing on a request by Berry, agenda) Calvin, Broome & Farina for adoption on first reading of an ordinance approving the plat of "Sandpiper Bay Wyldwood". Mr. Motts Berry, representing Miss Ester Gordon, stepped forward to request approval . Hearing no one speak in opposition, the Mayor then closed the public hearing. City Attorney Adler read the title of the ordinance approving the plat of "Sandpiper Bay Wyldwood" for first reading. A motion was made by Commissioner Donly, seconded .by Commissioner Cook to adopt on first reading the ordinance approving the plat of "Sandpiper Bay Wyldwood" generally located on the southwest corner of Southeast 11th Terrace and Southeast Fifth Avenue. Commissioner Cook commended Building Official Maxwell for sub- mitting the plans for this plat prior to.the meeting. 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) A motion was made by Commissioner Donly, seconded by Commissioner Adams to continue the variance request by Ivory McCutcheon for the property located at 615 Northwest Third Terrace to allow the construction of a triplex in an RD-6000 (duplex) zoning classifi- cation, on a lot of insufficient size, insufficient rear yard setback and with parking and landscaping according to the submitted site plan until the regular meeting of June 8th, 1982. REGULAR MEETING -1- MAY 11, 1982 • • The motion passed unanimously. . c) A motion was made by Commissioner Donly, seconded by Commissioner Adams to continue the variance request by Ivory McCutcheon for the property located at 509 and 511 Northwest Third Terrace to allow the construction of a duplex on a lot of insufficient width and square footage, insufficient rear yard setback and parking and landscaping according to the submitted site plan until the regular meeting of June 8, 1982. The motion passed unanimously. d) Mayor Bertino opened the public hearing on a variance request by Michael A. Coppola for the property located at 215 South- west Sixth Street to allow the conversion of an existing de- tached garage into a living unit with insufficient setbacks in an RD-6000 zoning classification: The petitioner was not present. Mrs. Violet Cooper at 221 Southwest Sixth Street stepped forward to request that this variance be denied. Hearing no one else speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Donly to deny the variance request by Michael A. Coppola. 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 informed the audience that the variance request by Victory Villas, Inc. , for the property located on the south- west corner of Southwest Eighth Avenue and West Dania Beach Boulevard to allow insufficient parking for a proposed develop- ment of multifamily for handicapped persons has been withdrawn by the petitioners. f) Mayor Bertino opened the public hearing on first reading of an ordinance rezoning the following described lands, to wit: Lots 2 through 6, Block 1, Lots 2 through 14, Block 2, Lots 1 through 17, Block 3, Lots 1 through 6, Block 4, that parcel indicated as "reserved" Lot A, Block 4, all of "College Tract. First Addi- tion " ; Tracts A,B, C,D,E, F and G of "College Tract Third Addi- tion", Lots 24 through 47, Block 1, Lots 1 through II, .Block 2, Lots 1 through 15, Block 3, Lots 1 through 8, Block 4, Lots 1 through 15, Block 5, all of "Victory Heights"; from existing zoning classifications of I-G and C-2 to I-R zoning classifica- tion under the provisions of Ordinance No. 100. Mayor Bertino added that the Planning & Zoning Board recommended approval of this request with the exception of Block 5 of "Victory Heights" remaining a C-2 zoning classification. Building Official Maxwell stepped forward to explain these changes from the City map and recommended approval . Marie Favarato stepped forward to express opposition. Charles McKylea stated that he was opposed to this ordinance. Attorney Bill Spencer, representing property owner Helen Dillworth, expressed approval . The Mayor then closed the public hearing. City Attorney Adler read the title of the ordinance for first reading. A motion was made by Commissioner Donly, seconded by Commissionc- Byrd to adopt the ordinance.on first reading rezoning the ab)ve described lands. Commissioner Cook made a motion to amend the ordinance by lea% tng Lots 1 through 15, Block 5, of !'Victory Heights" as C-2 zoning. classification, seconded by Commissioner Donly. The motion to amend passed on the following roll call vote: REGULAR MEETING -2- MAY 11, 1982 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 Cook to adopt the amended 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 g) City Attorney Adler read the title of the ordinance amending Section 15-7 of Chapter 15 of the Code of Ordinances to amend the conditions that must be complied with to obtain an occupa- tional license in the City of Dania. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition of this ordinance, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt on first reading the ordinance amending section 15-7 of Chapter 15 of the Code of Ordinances to amend the condi- tions that must be complied with to obtain an occupational license in the City of Dania. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 4. City Attorney Adler read the title of the resolution opposing Port Everglades proposed deannexation of lands within the city of Dania. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt the resolution opposing Port Everglades' proposed deannexation of lands within the City of, Dania. The motion passed unanimously. 5. City Attorney Adler read the title of the resolution in support of the Dania Economic Development Corporation. Mr. Howard Blackmon Chairman of the DEDC and Attorney Costell Walton ,.Jr. representing the DEDC,stepped forward to request approval of this resolution. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt the resolution in support of the Dania Economic Development Corporation and to recognize this organization in their goals as being consistent with the goals of the City of Dania. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes City Manager Marant requested direction on how he should handle a request by the DEDC to hold a bazaar. The Commission decided, this should be approved by them. Attorney Costell Walton, Jr. stepped forward to explain that the DEDC would like to hold a bazaar in the next fews weeks as a fund raising event at the area of Southwest Fifth Avenue and Dania Beach Boulevard on Fridays from 3:00 p.m. to 8:00 p.m and on Saturdays .from 12:00 p.m. to 8:00 p.m. Mr. Walton requested to hold this bazaar for approximately three weeks and then come back before the Commission to report on how REGULAR MEETING -3- MAY 11, 1982 • s this function goes, and then at that time, he would possibly request to hold this bazaar for a longer period of time. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to declare approval of the DEDC's request to hold a bazaar in the area of Southwest Fifth Avenue and Dania Beach Boulevard an emergency item due to the DEDC needing to hold this function prior to the next regularly scheduled meeting of May 25th. The motion passed unanimously. A motion was then made by Commissioner Byrd, seconded by Commissioner Cook to approve the request by the Dania Economic Development Corpora- tion to hold a bazaar in the area of Southwest Fifth Avenue and Dania Beach Boulevard, and to work out the details with the City Administration. The motion passed unanimously. Dicussion then followed concerning the possibility of obtaining Community Development Block Grant funds for the Dania Economic Development Corporation. 6. City Attorney Adler read the title of the resolution declaring surplus: One 1977 Pontiac 4-door, one 1976 Chevy 4-door, two 1979 Dodge Aspen 4-doors, and one 6 foot'. Bush Hog. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt the resolution declaring surplus: One 1977 Pontiac 4-door, one 1976 Chevy 4-door, two 1979 Dodge Aspen 4-doors, and one 6 foot Bush Hog. The motion passed unanimously. 7. City Manager Marant requested that the resolution requesting Broward County and the Department of Transportation to place traffic signals at the intersections of Southeast Fifth Avenue and Sheridan Street and Fronton Boulevard and Dania Beach Boulevard be amended to add the intersections of West 12th Avenue and Stirling Road and Bryan Road and Stirling Road. City Engineer John Farina informed the Commission that the Department of Transportation will have to make a study of these new areas to determine whether or not a traffic signal is needed. A motion was made by Commissioner Cook, seconded by Commissioner Byrd to adopt the original resolution with the amendments to add West Twelth Avenue and Stirling Road and Bryan Road and Stirling Road to the resolution. The motion passed unanimously. 8. A motion was made by Commissioner Cook, seconded by Commissioner Donly to appoint Mr. Kurt Ely to the Government Efficiency Study Committee with the approval of Mr. Ely. The motion passed unanimously. 9. City Manager Marant requested approval of a resolution authorizing the expenditure of $3700.00 for repairs to the Modello Park swimming pool and that this money would be used from the Recreation budget. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt the resolution authorizing the expenditure of $3,700.00 for repairs to the Modello Park swimming pool . The motion passed unanimously. 10. City Engineer John Farina stepped forward to request adoption of the continued resolution from the March 9th regular meeting approving the Department of Environmental Regulation's biological report for bulk- head of Dania Beach. He informed the Commission that he has since checked with a bioldgist to determine whether or not constructing this bulkhead would be beneficial to the rain water run off. It was deter- mined that this would be beneficial because the rain water run off would be filtered prior to the time that it goes into the Intracoastal Waterway. He added that the Commission's approval would mean that this request would be sent to Jacksonville to be approved or denied by the Army Corps of Engineers. REGULAR MEETING -4- MAY 11, 1982 A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution approving the DER biological report for bulkhead at Dania Beach. City Engineer John Farina then read the Department of Environmental Regulation's biological report into the record. Mayor Bertino expressed his concern whether this is actually benefi- cial to the ecological environment. He then passed the gavel , and made a motion to table this item until a letter is received from the biologist for the DER determining whether this construction is bene- ficial to the ecological environment. This motion failed on the following roll call vote: Commissioner Adams-no Commissioner Donly-no Commissioner Byrd-no Mayor Bertino-yes Commissioner Cook-no The original motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-no t. Commissioner Cook-yes 11. Citizens' comments: Mr. Murray Gordon, representing the City of Dania on the Ft. Lauderdale Sludge Review Committee, informed the Commission on the meeting that was held with the Ft. Lauderdale Commission on May 4th concerning building a sludge plant in Dania. He informed the Commission that Ft. Lauderdale has decided to build this sludge plant in another location. Mr. Gordon also encouraged the Commission to try to help keep the Broward County ,.Dania Branch Library from closing. Mr. Paul Demaio added that a meeting should be held to try and obtain petitions from citizens who are interested in trying to keep the library from closing. Mr. Howard Blackmon also stepped forward express his support for trying to keep the library from closing. 12. Administrative reports: City Manager Marant reported that the mid year budget revisions should be ready for Friday and that they will be advertised for the regular meeting on May 25th. City Manager Marant also informed the Commission that the regular commission meeting of May 25th will be continued until May 26th, due to a fund raising event being held on May 25th in support of the Adam Walsh Foundation Child Recovery Organization. City Manager Marant informed the Commission on a letter he received from the Broward League of Cities with regard to wanting the City's support in an appeal of the development review plat litigation. A motion was made by Commissioner Donly, seconded by Commissioner Adams to declare this item an emergency due to the Broward League needing an answer right away. The motion passed unanimously. A motion was made by Commissioner Donly, seconded by Commissioner Adams to continue the support of the appeal process with regard to the develop- ment review plat litigation with the Broward League.of Cities. The motion passed unanimously. REGULAR MEETING -5- MAY 11, 1982 ey el' City Manager.Marant informed the Commission that the Sun Tattler newspaper advertised the ordinance regarding the industrial zoning change in error and this ordinance will be on the next regular commission meeting agenda for adoption on second reading. City Attorney Adler informed the Commission that he has been asked by Kurt Volker, Broward League of Cities to .give his legal opinion on the County omitting the funds for the Road and Bridge Tax to municipalities. The Commission encouraged him to reply to Mr. Volker. He also added that he has received information from the City Attorney in Hallandale on how to proceed with litigation with Hollywood on the Large Users Agreement. 13. Commission Comments: Mayor Bertino informed the audience that a meeting will be held May 18th, at 4:15 p.m. to discuss different efforts in trying to keep the Broward County, DaniaBranch Library from closing. Mayor Bertino informed the audience that Commissioner Donly has been appointed to represent Dania on the Florida Area Committee on Inter- Governmental Relations. Commissioner Byrd requested that City Manager Marant obtain information for a fence and wall ordinance to help hide junk and salvage items in Dania to review at the next regular meeting. Commissioner Cook reported that she attended a seminar in Dallas, Texas concerning Anti-Trust Laws and suggested that a workshop be . scheduled to discuss this item. Mayor Bertino informed Commissioner Cook to obtain the .information for this and set up the time for the meeting with the Administration. Commissioner Donly suggested that the Administration inform the members of the Code Enforcement Board that a meeting will be held with the Broward League of Cities concerning code enforcment and he enouraged them to attend. He also added that the City should pay for the members only. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adjourn this meeting. The motion passed un ' ously. N ik-AU"R REGULAR MEETING -6- MAY 11, 1982 AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 11, 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 t 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 April 27, 1982. 2. Public Hearings: a) Request is made by Berry, Calvin, Broome & Farina for adoption, on first reading, of an ordinance approving the plat of "Sandpiper Bay Wyldwood", generally located on the southwest corner of Southeast 11th Terrace and Southeast Fifth Avenue. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-14-82) b) Variance request is made by Ivory McCutcheon for the property located at 615 Northwest Third Terrace to allow the construction of a triplex in an RD-6000 (duplex) zoning classification, on a lot of insufficient size, insufficient rear yard setback and with parking and landscaping according to the submitted site plan. The Planning and Zoning Board continued this item until their next regular meeting of June 8, 1982. EXHIBIT: Notice of Hearing (PZ-15-82) c) Variance request is made by Ivory McCutcheon for the property located at 509 & 511 Northwest Third Terrace to allow the construction of a duplex on a lot of insufficient width and square footage, insufficient rear yard setback and parking and landscaping according to the submitted site plan. The Planning and Zoning Board continued this item until June 8, 1982. EXHIBIT: Notice of Hearing (PZ-16-82) d) Variance request is made by Michael A. Coppola for the property located at 215 Southwest Sixth Street to allow the conversion of an existing detached garage into a living unit with insufficient setbacks in an RD-6000 zoning classification. The Planning & Zoning Board recommended denial of this request. • , EXHIBIT: Notice of Hearing (PZ-17-82) e) Variance request is made by Victory Villas, Inc. for the property located on the southwest corner of Southwest Eighth Avenue and West Dania Beach Boulevard to allow insufficient parking for a proposed development of multi- family for handicapped persons. Subject property is zoned RM (multi-family, 12 units per acre) . The Planning and Zoning made no recommendation on this request. EXHIBIT: Notice of Hearing (PZ-18-82) f) First reading of an ordinance rezoning the following described lands, to wit: Lots 2 through 6, Block 1, Lots 2 through 14, Block 2, Lots 1 through 17, Block 3, Lots 1 through 6, Block 4, that parcel indicated as "reserved" Lot A, Block 4, all of "College Tract First Addition"; Tracts A, B, C, D, E, F and G of "College Tract Third Addition", Lots 24 through 47, Block 1, Lots 1 through 11, Block 2, Lots 1 through 15, Block 3, Lots 1 through 8, Block 4, Lots 1 through 15, Block 5, all of "Victory Heights"; from existing zoning classifications of I-G and C-2 to I-R zoning classification under the provisions of Ordinance No. 100. The Planning and Zoning Board recommended approval of this request with the exception of Block 5 of Victory Heights remaining a C-2 zoning classification. EXHIBIT: Ordinance g) First reading of ordinance amending Section 15-7 of Chapter 15 of the Code of Ordinances to amend the conditions that must be complied with to obtain an occupational license in the City of Dania. EXHIBIT: Notice of Hearing (ordinance previously distributed) 3. Discussion and possible adoption of agreements between Broward County and the City of Dania with regard to the expansion of the Fort Lauderdale-Hollywood International Airport. 4. Adoption of resolution opposing Port Everglades' proposed deannexation of lands within the City of Dania. 5. Adoption of resolution in support of the Dania Economic Development Corporation. EXHIBIT: Resolution forthcoming 6. Adoption of resolution declaring one 1977 Pontiac 4-door, one 1976 Chevy 4-door, two 1979 Dodge Aspen 4-doors and one 6 foot Bush Hog surplus. EXHIBIT: Resolution forthcoming 7. Adoption of resolution requesting Broward County and the Department of Trans- portation to place traffic signals at the intersections of Southeast Fifth Avenue and Sheridan Street, and Fronton Boulevard and Dania Beach Boulevard. EXHIBIT: Resolution forthcoming 8. Appointments to the Government Efficiency Study Committee of Broward County. 9. Request to prepare resolution authorizing the expenditure of $3700 for repairs to the Modello Park swimming pool . EXHIBIT: Proposals 10. Discussion and possible adoption of resolution approving DER biological report for bulkhead at Dania Beach. 11. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or administrative activities not previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policy are welcome. 12. Administrative Reports; a� City Manager b City Attorney 13. Commission Comments: a) Mayor Bertino b) Vice-Mayor Byrd c Commissioner Adams d) Commissioner Cook e Commissioner Donly May 11, 1982 Regular Commission Agenda -2- irk;