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HomeMy WebLinkAbout1982-07-13 Regular City Commission Meeting Minutes and Agenda 14INUTES REGULAR MEETING DANIA CITY COMMISSION JULY 13, 1982 Invocation by Reverend Paul Faircloth Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook James Adams City Attorney: Frank Adler Acting City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Commissioner: Robert Donly Zoning Consultant: Luther Sparkman (illness) A motion was made by Commissioner Cook, seconded by Commissioner Byrd to excuse Commissioner Donly from this meeting:. The motion passed unanimously. Mr. Nick Pallanari from the American Legion Post 304 presented an award for Fireman of the Year to Lloyd Holden and explained that Robert Lander- ville has already received his award for Policeman of the Year. 1. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to approve the minutes of the regular meeting June 22nd, and the special and workshop meetings of June 25, 1982. The motion passed unanimously. 2. Acting City Manager Eugene Jewell recommended that all bids received for one (1) new articulated wheel loader (front end loader) be turned back unopened to all bidders and then readvertise for the next regular meeting of July 27th so that changes can be made to the specifications. A motion was made by Commissioner Cook, seconded by Commissioner Adams to return all bids received for one (1) new articulated wheel loader back to all bidders and to readvertise this front end loader for the regular meeting of July 27th, 1982. The motion passed unanimously. 3. Public Hearings: a) A motion was made by Commissioner Byrd, seconded by Commissioner Cook to continue the variance request by Kenneth Spry until the August 10, 1982, Regular Commission Meeting; for the property lo- cated 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 classification. The motion passed unanimously. b) Mr. Daniel J. Zarrilli, Jr. , requested approval of a variance yi request for the property located at 36 Southeast Eighth Street to allow the issuance of an occupational license from a residence in an RD-6000 (duplex) zoning classification for the production of films. Regular Meeting -1- July 13, 1982 Mayor Bertino then opened the public hearing. After hearing several residents from the area speak in opposition of this variance request, Mayor Bertino then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner "5 Byrd to deny this variance request by Daniel J. Zarrilli , Jr. , for the property located at 36 Southeast Eighth Street. The motion passed on the following the roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes c) Mr. Will Davis stepped forward to request approval of a special exception request for the property located at 501 Stirling Road to allow a game room and a hand car wash in a C-2 (commercial ) zoning classification. Mayor Bertino then opened the public hearing. After hearing several property owners express opposition to this special exception, the Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Adams to deny the portion of the special exception for the game room and approve the portion. of the hand car wash, and that a fence be constructed for a sound barrier on the south side..of: the property. After further discussion, Commissioner Cook withdrew her motion, and made a motion to deny the portion of the special exception for the game room, approve the portion for the hand car.�wash, with the stipulation that a fence be constructed for a sound barrier on the south and the west side of the property, seconded by Commissioner Adams. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes d) Mr. Glenn H. Bailey stepped forward to request approval of a variance request for property located at 312 Southeast Fourth Street to allow the issuance of an occupational license in an RS-6000 (single family residential) zoning classification for telephone use only. Mayor Bertino opened the public hearing. After hearing no one speak in favor or opposition, the Mayor then closed the public hearing and opened to the Commission for discussion. A motion was made by Commissioner Byrd to grant the variance request by Glenn H. Bailey for the property located 312 South- east Fourth Street to allow the issuance of an occupational license in an RS-6000 (single family residential) zoning class- ification for telephone use only. This motion died for lack 'e of a second. A motion was made by Commissioner Adams, seconded by Commissioner Cook to deny this variance for Glenn H. Bailey. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-no Mayor Bertino-yes e) The special exception request by Seymour Bobker for the property located at 332 East Dania Beach Boulevard to allow a game room in a C-2 (commercial ) zoning classification was withdrawn ' from the agenda. Regular Meeting -2- July 13, 1982 f) Mr. Trost stepped forward to request approval of a variance request for the property located at 218 Southwest Ninth Street to convert a single family residence into a duplex on a lot of insufficient width. Mayor Bertino then opened the public hearing. Mrs. Frankie Holiday stepped forward to express opposition to converting this property located-218 Southwest Ninth Street into a duplex. 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 Byrd to grant the variance request by John W. & Wayne F. Trost for the property located at 218 Southwest Ninth Street to convert a single family residence into a duplex on a lot of insufficient width, with the stipulation that i'f this duplex is ever sold or demolished, that the property owners must come back before the Zoning Board and obtain another variance to build a new structure. And that the parking and landscaping be put in as presented on the site plan. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes g) Mr. Charles W. Hill stepped forward to request approval of a variance located at 113 Northwest Third Avenue to allow the con- struction of a commercial building on the rear property line in a C-3 (commercial ) zoning classification. 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 approve.the variance request by•Charles W. Hill for the property located at 113 Northwest Third Avenue to allow the construction of a commercial building on the rear property line in a C-3 (commercial ) zoning classification. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 4. Commissioner Cook suggested that Chapter 10-14A of the Code of Ordinances regarding coin-operated machines be rescinded and that City Attorney Adler prepare a new ordinance with restrictions concerning coin-operated machines. City Attorney Adler informed the audience that he has received a copy of the City of Hollywood Ordinance concerning coin-operated machines and suggested that the Commission review this ordinance. Representatives from the Southeast Florida Vending Association stepped forward to offer assistance in preparing a new ordinance concerning this item. After hearing several residents express approval and opposition to this item, the Commission directed City Attorney Adler to prepare an ordinance repealing Chapter 10-14A of the Code of Ordinances concerning coin-operated machines to be discussed at a workshop meeting. 5. Acting City Manager Eugene Jewell recommended, as per City Manager Marant's memorandum dated July 6, 1982, to extend the construction date for Marine Conversions/Harbour Towne Marina for the Houston Park Project. After further discussion, a motion was made by Commissioner Adams, seconded `' - Regular Meeting -3- July 13, 1982 '�i by Commissioner Byrd to extend the construction date for Marine Conversions/ Harbour Towne Marina to September 1, 1982. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 6. City Engineer John Calvin recommended adoption of the agreements between the City of Dania and the State of Florida Department of Transportation regarding State Road 862. A motion was made by Commissioner Adams, seconded by Commissioner Byrd city of Floridato ute the Departmenteofents between TransportationeregardingDania Stateand Roadh862. of The motion passed on the following roll call vote: . Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes ii oner requested approval to co-sponsor a banquet f 7. commissioner or the Camp Byrd commissi Center to be held on Day Care July 24, 1982, at Collins Elementary Blanding School from 7:00 P.M. to 12:00 midnight in order to obtain endorsement of liability through the City's insurance: c Mayor Bertino suggested to prevent an increase A n the City's experience modification, in case there was an accident, for liability insurance causing an increase in the City's premiums, that the City purchase a separate policy for a 12 hour period in the name of Camp Blanding. A motion was made by Commissioner Cook, seconded by Commissioner Adams to direct Acting City Manager Eugene Jewell to investigate the cost of purchasing a separate insurance policy for Camp Blanding Day Care Centernot . t exceed 0 for nd to Ver the banquet being held July 24, 19B2, at Collins Elemetary School The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 8. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution requesting that Broward County take the necessary action to cause the 7 acre tract of land being dedicated by U.S. Lend Lease Plat No. 1 to be given over in ownership to the City of Dania with the stipulation that Dania will develop, operate, and maintain this tract of land in a non-discriminatory manner for all Broward County residents. The motion passed unanimously. 9. A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve the request to construct'a meeting room facility to adjoin the present Frost Park building at an estimated cost of $10,000.00 from Recrea- tional Impact Fees received from the .County. The motion passed unanimously. ' 10. A motion was made by Commissioner Cook, seconded by Commissioner Adams to x „ construct a handball court at Modello Park at an estimated cost of $6,000.00 to be funded from money received from the County for Recreational Impact fees. ti The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes July 13, 1982 a } , Regular Meeting -4- `t by Commissioner Byrd to :extend the construction date for Marine Conversions/ Harbour Towne Marina to September 1, 1982. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 6. City Engineer John Calvin recommended adoption of the agreements between the City of Dania and the State of Florida Department of Transportation regarding State Road 862. A motion was made by Commissioner Adams, seconded by Commissioner Byrd to execute the agreements between the City of Dania and the State of Florida Department of Transportation regarding State Road 862. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 7. Commissioner Byrd requested approval to co-sponsor a banquet for the Camp Blanding Day Care Center to be held on July 24, 1982, at Collins Elementary School from 7:00 P.M. to 12:00 midnight in order to obtain endorsement of liability through the City's insurance: Mayor Bertino suggested to prevent an increase in the City's experience modification, in case there was an accident, for liability insurance causing an increase in the City's premiums, that the City purchase a separate policy for a 12 hour period in the name of Camp Blanding. A motion was made by Commissioner Cook , seconded by Commissioner Adams ' to direct Acting City Manager Eugene Jewell to investigate the cost of purchasing a separate insurance policy for Camp Blanding Day Care Center '. not to exceed $500.00 for a 12 hour period to cover the banquet being held July 24, 1982, at Collins Elementary School . The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes 8. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the resolution requesting that Broward County take the necessary action to cause the 7 acre tract of land being dedicated by U.S. Lend Lease Plat No. 1 to be given over in ownership to the City of Dania with the stipulation that Dania will develop, operate, and maintain this tract of land in a non-discriminatory manner for all Broward County residents. The motion passed unanimously. 9. A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve the request to construct'a meeting room facility to adjoin the present Frost Park building at an estimated cost of $10,000.00 from Recrea- tional Impact Fees received from the .County. The motion passed unanimously. 10. A motion was made by Commissioner Cook, seconded by Commissioner Adams to construct a handball court at Modello Park at an estimated cost of $6,000.00 to be funded from money received from the County for Recreational ,Impact fees. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes Regular Meeting -4- July 13, 1982 i. 11. A motion was made by Commissioner Cook, seconded by Commissioner Adams to approve the bills as paid for the month of May, 1982. The motion passed unaniamously. (Non- 12. Re uest to have a 16" drain well drilled in the catch basin at Southeast Agenda Fourth Terrace and Southeast Third Avenue. Approximate cost 4,250.00. Item) A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt a resolution authorizing the expenditure of $4,250.00 to have a 16" drain well drilled in the catch basin at Southeast Fourth Terrace and Southeast Third Avenue without going out to bid. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Cook-yes Commissioner Byrd-yes Mayor Bertino-yes (Non- 13. Request by Broward Festivals Inc./Festamare to display banners. Agenda Item) A motion was made by Commissioner Cook, seconded by Commissioner Adams to grant the request by Broward Festivals Inc./Festamare to display banners on a fence at Dania Jai Alai and on a fence at Dania Elementary School for a two week period. The motion passed unanimously. (Item 14. Citizens' Comments: #12 on agenda) Mrs. Jim Madden stepped forward to request what progress has been made on the drainage problem at Southwest 4th Street and Southwest 2nd. Avenue. The Commission informed Mrs. Madden that the City Engineer is looking into this problem: (Item 15. Administrative Reports: N13 on agenda) Acting City Manager Eugene Jewell requested that the Commission prepare nominees for appointment to the Unsafe Structures Board for the next Regular Commission Meeting of July 27th, 1982. Mr. Jewell also added that these appointments are for a property manager, an attorney, and a plumber. Acting City Manager Jewell then reminded the Commission of the workshop meeting set for July 14 at 9:15 A.M. to.-discuss the budget. (Item 16. Commission Comments: #14 on agenda) A motion was made by Commissioner Adams, seconded by Commissioner Cook to authorize Commissioner.Byrd to represent Dania at the National Summer Conference on Black Economic Development and Survival July 24th and July 28th, 1982. The motion passed unanimously. Meeting adjourned. OR-COMMISSIONER CITY CLERK-AUDITOR Regular Meeting -5- July 13, 1982 f _,y r � v AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 13, 1982 8:00 P.M. MEETING 10 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. Invocation by Reverend Paul Faircloth. Pledge of Allegiance. Roll Call . Presentation of awards by .the American Legion for Policeman and Fireman of the year. 1. Approval of the minutes of the regular meeting of June 22, and the special and workshop meetings of June 25, 1982. 2. Receipt of bids for one (1) new articulated wheel loader (front-end loader). 3. Public Hearings: a) Continuation of 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) 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) b) Variance request is made by Daniel J. Zarrilli , Jr. for the property located at 36 Southeast Eighth Street to allow the issuance of an occupational license from a residence in an RD-6000 (duplex) zoning classification. The Planning and Zoning Board recommended denial of this request. EXHIBIT: Notice of Hearing (PZ-24-82) c) Special Exception is requested by Deotha and Will Davis for the property located at 501 Stirling Road to allow a game room and a hand car wash in a C-2 (commercial ) zoning classification. The Planning and Zoning Board recommended approval of this request. EXHIBIT: . Notice of Hearing (PZ-25-82) d) Variance request is made by Glenn H. Bailey for the property located at 312 Southeast Fourth Street to allow the issuance of an occupational license in an RS 6000 (single family residential ) zoning classification for telephone use only. The �Planning and Zoning Board recommended denial of this request. EXHIBIT: Notice of Hearing (PZ-26-82) e) Special Exception is requested by Seymour Bobker for the property located at 332 East Dania Beach Boulevard to allow a game room in a C-2 (commercial) zoning classification. The Planning and Zoning Board deferred this item due to the fact that the petitioner was not present. EXHIBIT: Notice of Hearing (PZ-27-82) f) Variance request is made by John W. and Wayne F. Trost for the property located at 218 Southwest Ninth Street to convert a single family residence into a duplex on a lot of insufficient width. Subject property is zoned RD-6000 (duplex). The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-28-82) g) Variance request is made by Charles W. Hill for the property located at 113 Northwest Third Avenue to allow the construction of a commercial building on the rear property line in a C-3 (commercial ) zoning classi- fication. The Planning and Zoning Board recommended approval of this request. EXHIBIT: Notice of Hearing (PZ-29-82) 4. Discussion and possible action on Chapter 10 of the Code of Ordinances regarding coin-operated machines. EXHIBIT: Chapter 10 of the Code of Ordinances 5. Discussion and possible extension for Marine Conversions/Harbour Towne Marina beginning construction date. EXHIBIT: Memorandum N983 6. Discussion and possible action on agreements between the City of Dania and the State of Florida Department of Transportation regarding State Road 862. 7. Request approval to co-sponsor a banquet for the Camp Blanding Child Care Center to be held on July 24, 1982, at Collins Elementary from 7:00 p.m. to 12:00 midnight in order to obtain endorsement of liability through the City's insurance. Commissioner Byrd 8. Discussion and possible adoption of resolution requesting that Broward County take the necessary action to cause the 7 acre tract of land being dedicated by U.S. Lend Lease Plat No. 1 to be given over in ownership to the City of Dania. EXHIBIT: Letter from Broward County 9. Request approval to construct meeting room facility to adjoin present Frost Park building. (Estimated cost - $10,000) 10. Request approval to construct handball court at Modello Park. 11. Approval of the bills as paid for the month of May, 1982. 12. 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. 13. Administrative Reports: a City Manager b City Attorney 14. Commission Comments: a) Mayor Bertino b) Vice-Mayor Byrd c) Commissioner Adams d Commissioner Cook e; Commissioner Donly I � NON-AGENDA ITEMS - 1. Request to have a 16" drain well drilled in the catch basin at Southeast Fourth Terrace and Southeast Third Avenue. Approximate cost $4,250. 2. Request by Broward Festivals Inc./Festamare to display banners, v.