HomeMy WebLinkAbout1982-06-08 Regular City Commission Meeting Minutes and Agenda MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
JUNE 8, 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
Deputy City Clerk: Mary Jabalee
Police Chief: Rudolf Rigo
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
1. Officer Phil Johnson presented an Honorable Mention Award to Patrick
J. Kirney for his outstanding cooperation and assistance in the appre-
hension of an auto thief on April 12, 1982.
2. :A motion was made by Commissioner Adams, seconded by Commissioner Byrd .
to approve the minutes of the regular meeting May 26th, and the special
meeting of June 1, 1982. The motion passed unanimously.
3. Public Hearings:
a) Mayor Bertino opened the public hearing on a continuation of a
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 classification, and on a lot of in-
sufficient size, insufficient rear yard setback and with parking
and landscaping according to the submitted site plan. Mr. Ivory
McCutcheon stepped forward to request approval of this variance.
Hearing no one speak in opposition, the Mayor then closed the
public hearing.
Mr. Luther Sparkman recommended approval of this variance as per
the Planning & Zoning Board's recommendation.
A motion was made by Commissioner Byrd, seconded by Commissioner Adams
to approve the variance request by Ivory McCutcheon for the property
located at 615 Northwest Third Terrace.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-no
Commissioner Byrd-yes Mayor Bertino-no
Commissioner Cook-yes
b) Mayor Bertino opened the public hearing on a continuation of a
variance request by Ivory McCutcheon for the property located at
509 & 511 Northwest Third Terrace to allow the constuction of a duplex
in an RD-6000 zoning classification and on a lot of insufficient width
and square footage, insufficient rear yard setback and with parking
and landscaping according to the• submitted site plan. Mr. Ivory
McCutcheon stepped forward to request approval . Mr. Ralph Witherspoon
inquired into where the sidewalk would be installed and water drainage.
Hearing no one speak in opposition, the Mayor then closed the public
hearing.
Regular Meeting -1- June 8, 1982
• •
A motion was made by Commissioner Donly, seconded by Commissioner
Byrd to approve the variance request by Ivory McCutcheon for the
property located at 509 & 511 Northwest Third Terrace.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
c) Mayor Bertino opened the public hearing on a variance request by Atlanta
Intercel for the property located at 118 Northwest Park Street to
revise variance granted on February 9, 1982, by eliminating that por-
tion of the conditional approval requiring the repainting of subject
structure, in order to use the building for the storage of waste
paper in a C-3 (commercial ) zoning classification. Mr. Charles Black-
ledge informed the Commission that the cost would be $2,00044,000 to
repaint this structure and requested the Commission to reconsider this
stipulation. Mr. Tom Sette expressed opposition to this variance.
Mayor Bertino then closed the public hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Byrd
to grant the variance request to Atlanta Intercel for the property at
118 Northwest Park Street by eliminating the condition in the variance
approved on February 9, 1982, requiring the repainting of the subject
structure.
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 by Marco
Anthony Salvino for the property located at 713 Northwest Seventh
Avenue to allow the conversion of an existing detached structure into
a second living unit upon subject property which is zoned RS-6000
(single family residential). Marie Salvino requested approval . Mr.
Bill Davison stepped forward to express disapproval . Mr. George
McHallick expressed approval . The Mayor then closed the public hearing.
A motion was made by Commissioner Adams, seconded by Commissioner Byrd
to approve this variance request by Marco Anthony Salvino for the pro-
perty located at 713 Northwest Seventh Avenue to allow the conversion
of an existing detached structure into a second living unit upon subject
property which is zoned RS-6000 (single family residential ) with the
recommendation from the Planning & Zoning Board that there only be a
bedroom and bathroom and for only as long as the mother, Marie Salvino,
owns the property.
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 for a special exception request
by Granada Restaurant and Cocktail Lounge for the property located at
1504 South Federal Highway to allow entertainment (a band) in a C-3 zoning
classification. The Petitioner stepped forward to request approval .
Mayor Bertino then closed the public hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Adams
to grant the special exception to Granada Restaurant and Cocktail Lounge
for the property located at 1504 South Federal Highway to allow enter-
tainment (a band) in a C-3 zoning classification for a period of one year
only, no nudity from employees or patrons, and that the noise level not
be irritating to any surrounding property owners.
Regular Meeting -2- June 8, 1982
s,
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
Kenneth Spry for the property located on Phippen Road, south of
Southwest Fourth Street (Lot 6, Block 1, College Tract First Addi-
tion) together with all of Tract G of "College Tract Third Addition"
to allow the construction of a commercial building with insufficient
setbacks in an I-G (industrial , general ) zoning classification. Mr.
Spry requested approval of this variance request subject to Broward
County waiving the 80' right-of-way along the west side of the FEC
right-of-way. Rolanda Higgs-Rule and Sandy Roker expressed their
concern on where the large trucks far this business would park and the
proposed landscaping. Mayor Bertino then closed the public hearing.
After lengthy discussion, a motion was made by Commissioner Donly,
seconded by Commissioner Cook to continue this variance request by
Kenneth Spry for the property located on Phippen Road, south of
Southwest Fourth Street (Lot 6, Block 1, College Tract First Addition)
together with all of Tract G of "College Tract Third Addition" to
allow the construction of a commercial building with insufficient
setbacks in an I-G (industrial , general ) zoning classification until
the regular meeting of July 13, 1982. The motion passed unanimously.
F.
g) Mayor Bertino opened the public hearing on a variance request by Arael
Medina for the property located at 222 North Federal Highway to allow
a fruit packing and shipping business in a C-3 zoning classification.
t Attorney Risbeck, representing Mr. Medina, stepped forward to inform
t, the Commission of Mr. Medina's plans for relocating his fruit packing
business and requested approval . Mr. Davison expressed opposition to
the location of this business. Mr. Phipher, representing other property
lowners, expressed opposition due to the noise that will be created
from trucks for this business. Mr. Sette stepped forward to commend
Mr. Medina's business operations. Mr. Jack Farber spoke in opposition
of the location. Mayor Bertino then closed the public hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Byrd
to grant the variance request by Arael Medina for the property located
at 222 North Federal Highway to allow a fruit packing and shipping
business in a C-3 zoning classification with the condition that there
be a 20 foot setback on the rear of the building instead of the 10 foot
setback.
F
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
h) City Attorney Adler read the title of the ordinance amending the 1981-82
Water Fund Budget for second reading.
Mayor Bertino opened the public hearing. Hearing no one, speak in favor
or opposition, the Mayor then closed the public hearing.
y
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to adopt on second reading the ordinance amending the 1981-82 Water.
Fund Budget.
f The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
.js.
Regular Meeting -3- June 8, 1982
f,
i) City Attorney Adler read the title of the ordinance amending the
1981-82 Sewer Fund Budget for second reading.
Mayor Bertino then opened the public hearing. Hearing no one speak in
favor or opposition, the Mayor then closed the public hearing.
A motion was made by Commissioner Byrd, seconded by Commissioner Adams
to adopt on second reading the ordinance amending the 1981-82 Sewer
Fund Budget.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
j) City Attorney Adler read the title of the ordinance amending the 1981-82
Fishing Pier Budget for second reading.
Mayor Bertino then opened the public hearing. Hearing no one speak in
favor or opposition, the Mayor then closed the public hearing.
A motion was made by Commissioner Cook, seconded by Commissioner Adams
to adopt on second reading the ordinance amending the 1981-82 Fishing
Pier Budget.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
k) City Attorney Adler read the title of the ordinance controlling garage
sales in the City of Dania for second reading. Mr. Adler added that
the license fee is $5.00, the license shall be issued to only one person
in one location in a six month period, license will be issued for no
longer than 3 days, and that thefine for violation of this ordinance
be not less than $25.00 or more than $500.00 or 30 days in jail .
Mayor Bertino then opened the public hearing. Hearing no one speak in
favor or opposition, the Mayor then closed the public hearing.
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to adopt on second reading the ordinance controlling garage sales within
the City of Dania.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-no Mayor •Bertino-yes
Commissioner Cook-yes
4. City Manager Marant informed the Commission that there has been two bids
received on one (1) soft-serve Ice Cream Machine.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
close the bidding for. one (1) soft-serve Ice .Cream Machine. The motion
passed unanimously.
City Manager Marant read the following:
Edwards Equipment Company of Florida, Inca $10, 071.04
Product-Trol , Inc. $ 8,500.00
City Manager Marant recommended that he be given time to tabulate these two
bids and have his recommendation at the Special Meeting Wednesday; June 16,
1982, at 4:15 P.M.
Regular Meeting -4- June 8, 1982
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to instruct the Administration to tabulate the bids received on the
Soft-Serve Ice Cream machine and have a recommendation at the Special
Meeting June 16, 1982. The motion passed unanimously.
5. A motion was made by Commissioner Donly, seconded by Commissioner Adams
to close the bidding for one (1) Pontiac 4-door, one (1) 1976 Chevy
4-door, two (2) Dodge Aspen 4-doors, one (1) six foot bush hog, and one (1)
24 foot, 1976 Wellcraft boat.
City Manager Marant read the following:
Robert Marshall bid $2,500.00 for one (1) 24 foot Wellcraft Boat.
res. 322 S. Federal Highway
Dania, F1 Ph: 923-2277
G.Hall bid the following: One (1) 1979 Dodge Aspen
801 O1 North Bay Road Ser. NNL41G9B215261 $210.00
Apt. 309
N. Miami , Fl Ph: 931-1662 One (1) 1979 Dodge Aspen
Ser. #NL4169B215262 $260.00
Mac418 S's Towing PlacService
W 2nd. e
Dania, F1
t
i Bid the following:
r
i One (1) 1977 Pontiac 4-door $104.00
E One (1) 1976 Chevy 4-door $111.00
Two (2) 1979 Dodge Aspens $352.00 each (Total $704.00)
One (1) 6 foot bush hog $235.00
One (1) 24 foot 1976 Wellcraft boat $250.00
i
A motion was made by Commissioner Byrd, seconded by Commissioner Cook to
turn the bids over to the City Manager for tabulation and a recommendation
to be made at the Special Meeting June 16, 1982. The motion passed unani-
mously.
6. City Manager Marant reported that Assistant City Attorney Earl Gallop,who is
representing the City of Dania with regards to the Ft. Lauderdale/Hollywood
International Airport expansion project, is' in Tallahassee regarding the '
appeal process- and suggested that this item be discussed at the Special
Meeting next week after Mr. Gallop'has returned.
'. A motion was made by Commissioner Donly, seconded by Commissioner Cook
to reaffirm the action on adoption of the agreements as amended at the
Special Meeting June 1, 1982. The motion passed unanimously.
7. Mr. Tom Sette president of the Chamber of Commerce stepped forward to request
$7,500.00 in promotional funds for the Chamber to publish a booklet to
promote the City of Dania.
City Manager Marant suggested that this issue be discussed at the up-coming
budget meetings.
8. City Manager Marant informed the Commission that by State Statue the Commission
must authorize the expenditure of funds from the Law Enforcement Trust Fund.
He then requested their authorization to spend $625.00 for the purchase of
-two (2) Light Bars for two (2) Police cars.
Regular Meeting -5- June 8, 1982
A motion was made by Commissioner Adams, seconded by Commissioner Cook
to authorize the expenditure of $625.00 from the Law Enforcement Trust
Fund for the purchase of two (2) Light Bars for two (2) Police cars.
The motion passed unanimously.
9. Discussion and possible approval of agreements between Department of
Transportation and the City of Dania was withdrawn until negotiations
can be completed.
i
10. City Attorney Adler recommended acceptance of quit-claim deed from Esther
Gordon and Leonard Romanik in connection of the plat approval of "Sand-
piper Bay Commercial".
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
accept the quit-claim deed from Esther Gordon and Leonard Romanik. The ,
motion passed unanimously.
11. City Attorney Adler recommended acceptance of the easement deed from U.S.
Lend Lease, Inc. in connection with the plat approval of "U.S. Lend Lease
Plat No. Three".
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
accept the easement deed from U.S. Lend Lease. The motion passed unani-
mously.
City Attorney Adler added that in connection with the acceptance of this
easement deed, the City can now record the resolution vacating the right-
of-way that is in the middle of the plat.
12. City Attorney recommended acceptance of a quit-claim deed from State of
Florida Department of Transportation regarding property south of the
Ocean Protien Building.
A motion was made by Commissioner Adams, seconded by Commissioner Cook to
accept the quit-claim deed from the State of Florida Department of Trans-
portation deeding the property south of the Ocean Protien Building over to
the City. The motion passed unanimously.
13. City Attorney Adler recommended acceptance of a lease agreement between the
State of Florida Department of Transportation regarding the property at
Dania Beach. Mr. Adler informed the Commission that this is a portion of '
property that is paved south`of the Ocean Protien Building that
the City uses for parking. Mr. Adler informed the Commission that there
is a condition that if the Department of Transportation needs this property
for expansion of the road facilities,then the City would have to vacate it
within 60 days notice.
A motion was made by Commissioner Byrd, seconded by Commissioner Donly to
accept the lease agreement between the State of Florida Department of Trans-
portation regarding the property at Dania Beach to, be .used coley for public
parking. The motion passed unanimously.
14. A request is made by F.T.C. Fireworks to sell novelty-type sparkler items
at 1501 North Federal Highway, 1800 Griffin Road, 1505 South.Federal High-
way, 450 East Dania Beach Boulevard, and 1930 North Federal Highway. from
June 18th to July 5th, 1982.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
grant the request by F.T.C. Fireworks to sell novelty-type sparkler items
at 1501 North Federal Highway, 1800 Griffin Road, 1505 South Federal High-
way, 450 East Dania Beach Boulevard, and 1930 North Federal Highway.
Regular Meeting -6- June 8, 1982
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-no
Commissioner Cook-yes
15. Commissioner Cook informed the Commission for the need to repair the roof
of the Senior Citizens' building at Frost Park.
City Manager Marant apologized for the inconvenience to the Senior Citizens
and informed the Commission that repairs will be made.
16. Citizens' Comments:
Gilda Fisher commended the Administration for their cooperation with the
Tri-Atholon that was held on Bicycle Day,May 28th. Mrs. Fisher also
expressed her appreciation for all those who helped with this event.
Paul DiMao inquired into using the City Hall facilities for other public
meetings and thanked and City Administration for allowing the Library to
show movies in the Commission Chambers.
17. Administrative Reports:
City Manager Marant requested direction on how the Commission wants to
handle the letter received from City Manager of Ft. Lauderdale, Connie
Hoffman, regarding a sludge plant.
City. Manager Marant requested that a Workshop, Special meeting, and an
Executive Session be scheduled for next week.
The Commission agreed upon Wednesday, June 16th, at 4:15 P.M.
18. Commission Comments:
Commissioner Cook congratulated Maria Collucci who received the Bull Dog
Award at South Broward High for her outstanding services and to Frank
Palidasini who was awarded the Frank Lippman Memorial Award.
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to adjourn this meeting. The motion passed unanimously.
AYOR-COMMISSIONER
CITY CLERK-AUDITOR
Regular Meeting -7 June 8, 1982
1
Katharina Graf.
112 Veebelt Drive
Hendersonville, Tn. 37075
May 19. 1982
City Commissioners
of Dania, Fla. 33004
Gentlemen:
I strongly protest the proposed variance for a fruit
shipping an packing house on U.S.l
We have to put up with enough airpollution and noise
pollution from the airport.Not' to mention what it will
be after the expansion of the' airport.
But I absolutely resent having noise in our backyards
around the clock, and therefore request denial of hhe
permit.
Yours 'truly
r
Vl.(119Mt7c.h Mb
,n
Yt
AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
JUNE 8, 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
apDeal is to be based.
Invocation 'by Richard Marant.
Pledge of Allegiance.
Roll Call .
1. Presentation of Honorable Mention Award by the Police Department.
2. Approval of the minutes of the regular meeting of May 25 and May 26, and the
special meeting of June 1, 1982.
3. Public Hearings:
(a) Continuation of 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 classification, and 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 recommended approval of this request.
EXHIBIT: Notice of Hearing (PZ-15-82)
(b) Continuation of variance request by Ivory McCutcheon for the property
located at 509 & 511 Northwest Third Terrace to allow the construction
of a duplex in an RD-6000 zoning classification and on a lot of insuffi-
cient width and square footage, insufficient rear yard setback and with
parking and landscaping according to the submitted site plan. The
Planning and Zoning Board recommended approval of this request.
EXHIBIT: Notice of Hearing (PZ-16-82)
(c) Variance request is made by Atlanta Intercel for the property located
at 118 Northwest Park Street to revise variance granted on February 9,
1982, by eliminating that portion of the conditional approval requiring
the repainting of subject structure, in order to use the building for
the storage of waste paper in a C-3 (commercial) zoning classification.
The Planning and Zoning Board recommended approval of this request.
EXHIBIT: . Notice of Hearing (PZ-19-82)
(d) Variance request is made by Marco Anthony Salvino for the property located
at 713 Northwest Seventh Avenue to allow the conversion of an existing
detached structure into a second living unit upon subject property which
is zoned RS-6000 (single family residential). The Planning and Zoning
Board recommended approval of a bedroom and bathroom only and for only as
long as the mother, Marie Salvino, owns the property.
EXHIBIT: Notice of Hearing (PZ-20-82)
(e) Special Exception is requested by Granada Restaurant and Cocktail Lounge
for the property located at 1504 South Federal Highway to allow entertain-
ment (a band) in a C-3 zoning classification. The Planning and Zoning
Board recommended approval of this request for a period of one year.
EXHIBIT: Notice of Hearing (PZ-21-82)
(f) Variance request is made by Kenneth Spry for the property located on
Phippen Road, south of Southwest Fourth Street (Lot 6, Block 1, College
Tract First Addition) to allow the construction of a commercial building
with insufficient setbacks in an I-G (industrial , general ) zoning classi-
fication, The Planning and Zoning Board recommended approval of this
request subject to the 80 foot right-of-way for Southwest Fourth Court
being eliminated from the Broward County Trafficways Plan.
EXHIBIT: Notice of Hearing (PZ-22-82)
'r
i}',
(g) Variance request is made by Arael Medina for the property located at 222
North Federal Highway to allow a fruit packing and shipping business in a
C-3 zoning classification. A variance is also requested to permit a
structure to be constructed with a one foot setback from the north property
line. The Planning & Zoning Board recommended approval of these requests.
EXHIBIT: Notice of Hearing (PZ-23-82)
(h) Second reading of ordinance amending the 1981-82 Water Fund Budget.
(i) Second reading of ordinance amending the 1981-82 Sewer Fund Budget.
(j) Second .reading of ordinance amending the 1981-82 Fishing Pier Budget.
(k) Second reading of ordinance controlling garage sales.
4. Receipt of bids for one (1) Soft-serve Ice Cream Machine.
5. Receipt of bids for one (1) 1977 Pontiac 4-door, one (1) 1976 Chevy 4-door,
two (2) 1979 Dodge Aspen 4-doors, one (1) six foot bush hog, and one (1) 24
foot, 1976 Wellcraft boat.
6. Discussion and possible action on agreements between Broward County and the
City of Dania regarding the airport expansion.
7. Request by the Dania Chamber of Commerce for funding of a Promotional Booklet/
Directory for the City of Dania.
APPEARANCE. Thomas Sette, President
8. Request approval of the expenditure of $625 out of the Law Enforcement Trust
Fund for the purchase of two (2) Light Bars for two (2) Police cars.
9. Discussion and possible approval of agreements between the Department of
Transportation and the City of Dania.
10. Acceptance of quit-claim deed from Esther Gordon and Leonard Romanik.
11. Acceptance of easement deed from U.S. Lend Lease, Inc.
12. Acceptance of quit-claim deed from State of Florida Department of Transpor-
tation regarding the property at Dania beach.
13. Acceptance of lease agreement between the State of Florida Department of
Transportation and the City regarding the property at Dania beach.
14. Request is made by F.T.C. Fireworks to sell novelty-type sparkler items at
1501 North Federal Highway, 1800 Griffin Road, 1505 South Federal Highway,
450 East Dania Beach Boulevard, and 1930 North Federal Highway.
EXHIBIT: Application for Occupational License
15. Discussion and possible action concerning the Senior Citizens' building at
Frost Park. Commissioner Cook
16. 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.
17. Administrative Reports:
a) City Manager
'I b) City Attorney
18. Commission Comments:
a) Mayor Bertino
b Vice-Mayor Byrd
c) Commissioner Adams
d Commissioner Cook
e) Commissioner Donly
REGULAR COMMISSION AGENDA -2- JUNE 8, 1982