HomeMy WebLinkAboutRegular Meeting (84) MINUTES
DANIA CITY COMMISSION
FEBRUARY 9, 1983
REGULAR MEETING
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
Absent:
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman (illness)
1. CONSENT AGENDA
A motion was made by Commissioner Byrd, seconded by Commissioner Donly
to approve the following consent agenda:
MINUTES
1.1 January 19, 1983, Workshop Meeting
1.2 January 25, 1983, Regular Meeting
1.3 January 27, 1983, Special Meeting
1.4 Resolution commending Luther Sparkman
1.5 First reading of ordinance entitled: "AN ORDINANCE OF THE CITY OF
DANIA, FLORIDA, TO PROVIDE THAT THE CITY AUTHORIZES THE APPROPRIATE
COURTS IN BROWARD COUNTY TO ASSESS AN ADDITIONAL TWO DOLLARS IN COURT
COSTS FOR CONVICTIONS FOR ALL VIOLATIONS OF MUNICIPAL ORDINANCES,
EXCEPT PARKING ORDINANCES, THE FUNDS PROJECTED THEREBY TO BE USED
FOR CRIMINAL JUSTICE EDUCATION AND TRAINING EXPENDITURES, AND PRO-
VIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS
AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
1.6 First reading or ordinance entitled: "AN ORDINANCE OF THE CITY OF
DANIA, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, ENTITLED "ADVERTISING" BY AMENDING SECTION 3-23
THEREOF TO AUTHORIZE THE ISSUANCE OF A PERMIT BY THE BUILDING OFFICIAL
FOR THE ERECTION OF BANNER SIGNS FOR A PERIOD OF TIME NOT TO EXCEED
THIRTY (30) DAYS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE RE-
PEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE"
City Attorney Adler read the titles of the ordinances for 1.5 and
1.6 on first reading.
The motion passed unanimously.
2 PUBLIC HEARINGS
2.1 Mayor Bertino opened the public hearing on a variance request by Texaco,
Inc. , 1904 Stirling Road (PZ-05-83). Petitioner Wm. Griffin Jr. , stepped
forward to request to allow a second ground supported sign larger than
50 square feet upon subject property zoned M-1 (light industrial ).
Regular Meeting -1- February 9, 1983
y: .
Hearing no one else speak in favor or opposition, the Mayor then
closed the public hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to grant the variance request by Texaco Inc. , to re-install sign.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
AT THIS TIME ITEM 4.1 WAS DISCUSSED
* Mayor Bertino read a proclamation, as requested by Commissioner Cook, pro-
claiming February 18, 1983, as Walter W. Rust Day in the City of Dania.
Mr. Rust stepped forward to accept this proclamation.
2.2 Mayor Bertino opened the public hearing on a variance request by Trans-
florida Bank for the property located at 499 East Sheridan Street.
Petitioner Mark Salz stepped forward to request approval . Hearing no
one else speak in favor or opposition, the Mayor closed the public
hearing.
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to grant this variance request to Transflorida Bank to allow the con-
struction of a commercial building in a C-2 (commercial ) zone exceeding
the maximum height limitation.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
2.3 Mayor Bertino opened the public hearing on a variance request by Jack
Besner. Mr. George Massey representing Mr. Besner stepped forward
to request approval to allow the construction of a commercial building
with insufficient parking and with insufficient width of public side-
walk in a C-3 (commercial ) zone. Hearing several residents speak in
opposition, the Mayor then closed the public hearing.
Lengthy discussion followed concerning the property owners opposition
to building this building and the number of parking spaces.
A motion was made by Commissioner Donly to grant this variance request
to Mr. Jack Besner with the approval of site plan H1 and additional
landscaping. Motion died for lack of a second.
A motion was made by Commissioner Cook, seconded by Commissioner Adams
to continue this variance request until the next regular meeting of
February 22nd so that Mr. Besner can get together with the residents
and property owners involved and come to an agreement. The motion passed
unanimously.
2.4 Mayor Bertino opened the public hearing on a variance request by Joseph
F. Enjedi to allow a second story addition to an existing duplex in a
C-2 (commercial ) zone. After hearing Mr. Enjedi request approval and
no one speak in opposition, the .Mayor closed the public hearing.
Mayor Bertino informed the audience and Commission that he had reviewed
this variance request with Building Official Maxwell who suggested that
an affidavit be obtained from Mr. Enjedi stating that this unit will
not be used for more than a 2 family residence and that the exterior
staircase be excluded.
A motion was made by Commissioner Byrd, seconded by Commissioner Donly
to .grant this variance request for Mr. Enjedi with the stipulation of
Regular Meeting -2- February 9, 1983
an affidavit from Mr. Enjedi stating that this unit will only be used
as a two family residence and that the exterior staircase be excluded.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
2.5 Mayor Bertino opened the public hearing on a variance request by
Richard Johnson to allow the construction of a duplex on a lot of
insufficient width in an RO-6000 (duplex) zone. Mr. Johnson requested
approval . After hearing several of the residents in this area speak
in opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Adams, seconded by Commissioner Byrd
to deny this variance request by Richard Johnson.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
3. -PERMITS
3.1 A motion was made by Commissioner Adams, seconded by Commissioner Donly
to approve the request by Drydock Lounge to display a banner at 1104
South Federal Highway. The motion passed unanimously.
4. DISCUSSION `
4.1 THIS ITEM HAS BEEN DISCUSSED UNDER 2.1
4.2 A motion was made by Commissioner Cook , seconded by Commissioner Byrd
to approve the Emergency medical services/medical director agreement
between the City and Dr. Jose R. Menendez, M.D. The motion passed
unanimously.
4.3 Mayor Bertino requested approval of a resolution providing for the sub-
mission of the votors on the ballot of the General Election to be held
March 8, 1983, the question of whether or not the residents of the
City of Dania should be subjected to the provisions of the gun control
law as enacted by the Board of County Commissioners.
City Attorney Adler then read the title of the resolution.
A motion was made by Commissioner Donly, seconded by Commissioner Adams
adopt this resolution and placing this item as a referendum on the
March 8, 1983, General Election.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Byrd-yes Mayor Bertino-yes
Commissioner Cook-yes
4.4 ADDENDUM
Commissioner Cook made a motion to .adopt a resolution endorsing the 1982-83
United Way Campaign in Broward County, seconded by Commissioner Adams.
The motion passed unanimously.
5. CITIZENS' COMMENTS
Mr. Bill Davison stepped forward to request that the Commission look into the
procedures used by the Code Enforcement Board.
Regular Meeting -3- February 9, 1983
Mrs. Gloria Madden stepped forward to inform the Commission and audience
that the Senior Citizen's Club has donated $100.00 for the purchase of
a bullet proof vest in support of the Dania Police Department.
Mr. Pete Prossic inquired into the Commission adding a referendum requesting
districting for elections in Dania at Dania's next election.
A concerned citizen stepped forward to express his concern over drug
problems in the NW section of the City.
Mr. Vincent Carroll stepped forward to commend City Manager Marant on
his presentation at the Droward Legislative Delegation meeting on
annexation.
Mr. Murray Gordon discussed the possible deannexation of Port Everglades.
Mayor Dertino informed him that Hollywood, Ft. Lauderdale, and Dania are
on record in protest against this.
6. ADMINISTRATIVE REPORTS:
City Manager Marant informed .the Commission that he would notify them of
an exact date for a workshop meeting during the week of the 21st for dis-
cussion of the relocation of Griffin Road.
City Manager Marant reported to the Commission that there is going to be
a meeting with the Legislative Delegation regarding annexation and that he
would inform them of the time and date, and also reported on annexation.
7. COMMISSION COMENTS:
Vice blayor. Dyrd commended Dania's residents for the turn out in votes for the
primary election.
A motion was made and seconded to adjourn this meeting.
MAYOR-COMMISSIONER
i
C CLERK-A DITOR
Regular Meeting -4- February 9, 1983
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AGENDA
DANIA CITY COMMISSION.
REGULAR MEETING
FEBRUARY 9, 1983
8:00 P.M.
MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT
Invocation by Richard Marant.
Pledge of Allegiance.
Roll Call .
1. CONSENT AGENDA
Minutes .
1.1 January 19, 1983, Workshop Meeting
1.2 January 25, 1983, Regular Meeting
1.3 January 27, 1983, Special Meeting
RECOMMENDATION: Approval
Resolutions
1.4 Resolution commending Luther Sparkman.
RECOMMENDATION: Approval
Ordinances - First Reading
1.5 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA TO PROVIDE
THAT THE CITY AUTHORIZES THE APPROPRIATE COURTS IN BROWARD COUNTY TO ASSESS
AN ADDITIONAL TWO DOLLARS IN COURT COSTS FOR CONVICTIONS FOR ALL VIOLATIONS
OF MUNICIPAL ORDINANCES, EXCEPT PARKING ORDINANCES, THE FUNDS PROJECTED
THEREBY TO BE USED FOR CRIMINAL JUSTICE EDUCATION AND TRAINING EXPENDITURES,
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE."
1.6 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING
CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ENTITLED
"ADVERTISING" BY AMENDING SECTION 3-23 THEREOF TO AUTHORIZE THE ISSUANCE OF
A PERMIT BY THE BUILDING OFFICIAL FOR THE ERECTION OF BANNER SIGNS FOR A
PERIOD OF TIME NOT TO EXCEED THIRTY (30) DAYS; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCE AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PRO-
VIDING FOR AN EFFECTIVE DATE."
RECOMMENDATION: Approval
2. PUBLIC HEARINGS
Variances
2.1 PZ-05-83, Texaco, Inc. , 1.904 Stirling�Road.
2.2 PZ-06-83, Transflorida Bank, 499 EastlSheridan Street.
2.3 PZ-07-83, Jack Besner, southwest corner of Griffin Road and NW Fifth Avenue,
2.4 PZ-08-83, Joseph F. Enjedi , 1401 & 1403 SE Second Avenue.
2.5 PZ-09-83, Richard Johnson, 246 SW Fourth Street.
3. PERMITS
3.1 Request by Drydock to display banner at 1104 South Federal Highway.
RECOMMENDATION: Approval ;
�.I r
4. DISCUSSION
4.1 Proclamation proclaiming February 18, 1983, as Walter W. Rust Day in the
City of Dania. Commissioner Cook
4.2 Emergency medical services/medical director agreement between the City of
Dania and Dr. Jose R. Menendez, M.D.
RECOMMENDATION: Approval
4.3 Possible action concerning control of hand guns. Mayor Bertino
5. 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
E, nature not dealing with operations or policy are welcome.
6. ADMINISTRATIVE REPORTS
6.1 City Manager
f: 6.2 City Attorney
b --
7. COMMISSION COMMENTS
7.1 Commissioner Adams
7.2 Commissioner Cook
7.3 Commissioner Donly
7.4 Vice-Mayor Byrd
7.5 Mayor Bertino
8. Adjournment ----------------
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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.
ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 9, 1983
DISCUSSION
4.4 Adoption of resolution endorsing the 1982-83 United Way Campaign
in Broward County.
RECOMMENDATION: Approval