HomeMy WebLinkAbout30532 - MINUTES - City Commission . m
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MINUTES ;
REGULAR MEETING
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DANIA CITY COMMISSION
May 8, 1979
Invocation by City Manager Richard Marant r
Pledge of Allegiance
Roll Call :
<a` Present
*` Mayor: James Adams
s;;r{ Vice Mayor: John Bertino s, j;
f' Commissioners: Jean Cook _
.21 Robert Donly "u
t'Q, Howard Hirsch
City Attorney Frank Adler
City Clerk: Wanda Mullikin =N:
City Manager: Richard Marant
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
Police Chief: Rudolph Rigo i
Commissioner Cook made a motion seconded by Commissioner Hirsch to
approve the minutes of the regular meeting of April 24, 1979. The
motion passed unanimously.
1. Public Hearings:
a) Upon request of the petitioner, the second reading of an ordinance
approving the Plat of Lone Star was continued until the May 22
meeting on a motion by Commissioner Bertino, seconded by Commissioner
Cook.
b) Mayor Adams opened the Public Bearing on the request of Mr. & Mrs.
John Rule for a variance to allow the extension of a non-conforming
use to extend a congregate living facility to an adjacent lot.
Attorney Jessie Diner was present to represent Mr. & Mrs. Rule and
present their petition.
Several citizens from the neighborhood surrounding the facility
stepped forward and voiced a number of objections to this variance.
After further discussion by the commission, Commissioner Bertino
made a motion, seconded by Commissioner Hirsch to deny this variance.
Motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
c) Mayor Adams opened the public hearing on the request of Mr. John
Bartley for a variance to allow a duplex on a lot of insufficient
size at 721 S.W. 5 Street.
Due to the petitioner's absence, Commissioner Cook made a motion,
seconded by Commissioner Bertino to continue this until the May 22
meeting. Motion passed unanimously.
d) Mayor Adams opened the public hearing on a request by Mervin Span
to allow construction of a duplex on a lot of insufficient size at
224 N.W. 9 Avenue.
The petitioner, Mervin Span, stepped forward to present his request.
There were no objections to this variance.
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Commissioner Cook made a motion, seconded by Commissioner Donly
to approve this variance. The motion passed on the following roll
call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
e) Mayor Adams opened the public hearing on a variance request by
Mildred Black to allow adult congregate living in an RD-6000 zone
at 138 N.W. 8 Ave.
Ms. Black stepped forward to present her petition. Mervin Span
stepped forward to speak in favor of this.
- There were no objections voiced.
Commissioner Hirsch made a motion, seconded by Commissioner Cook to
approve this variance with the stipulation that only four other
people besides Ms. Black could reside there.
Commissioner Bertino moved to amend this motion by adding that the
other four people must be elderly people. Motion died for lack of
z a second.
f The original motion passed on the following roll call vote:
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Commissioner Bertino - no Commissioner Hirsch - yes
Commissioner Cook - yes Mayor - yes
Commissioner Donly - yes
2. Citizens Comments:
Mr. Carl Zenobia stepped forward to remind the commission that he had
appeared before the commission on May 9, 1978 to request that the
drainage problem on the corner where he resides in the S.E. section
of Dania be corrected and that he was disappointed that no action
had been taken. Commissioner Bertino responded by pointing out that
after hearing Mr. Zenobia's request in 1978, the City Manager at that
time sent a crew over to clean out the existing drains.
The commission suggested that Mr. Zenobia meet with City Manager Marant
to discuss this and that a workshop be set to discuss the drainage prob-
lem in the entire S.E. section. Mr. Zenobia requested that this be
put on the agenda for the May 22 meeting.
Mr. Henry Levinson from Meadowbrook Lakes Development appeared before
the commission with a complaint about the Meadowbrook Lakes not following
the part of the So. Florida building code in several of the buildings
which requires emergency lighting in the stairwells of the building for
saftey.
The commission instructed City Manager Marant, Building Official Maxwell
and City Attorney Adler to meet with Mr. Anthony Drakas, developer of
Meadowbrook Lakes Condomium and work out a satisfactory solution to this
problem.
One of the residents of Meadowbrook also complained about the water
standing in the area east of 2nd Ave and S.E. 7 Street and the mosquito
problem it is going to cause. It was suggested that the Broward County
mosquito control be contacted to look into this problem.
Mildred Jones, from the NW side of Dania, appeared before the commission
to complain about the lack of clean up in that area by private property
owners. It was explained that the property owners would be properly
notified to clean these lots or they will be cited.
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Ms. Jones also complained about the bad condition of the streets in the
area where the sewer lines are being installed. City Manager Marant
stated that the bonding company of this project had been notified of
this problem in order that the construction company be forced back on
the job to repair these streets. In the meantime, the city crews have
been instructed to do what they can to help alleviate this problem.
Fred Caldwell from the S.E. section suggested a possible aid in draining
the water from that area by cleaning out the ditches where the mud has
accumulated preventing the water from draining.
3. The Planning & Zoning Board recommended that the commission have the
proper ordinance drawn up creating a RMO zoning district and to proceed
with the public hearings.
Commissioner Donly made a motion to accept this recommendation. Motion
seconded by Commissioner Bertino and passed.
This ordinance to be put on a workshop agenda for further consideration.
4. City Attorney Adler reported that the city cannot legally provide
the gravesite for Lucille Benson.
5. City Attorney Adler reported on the action taken by the court in refer-
ence to the "Doggie Bag" suit in reference to a beer and wine license.
He stated that the court ruled in favor of the "Doggie Bag" and
recommended that the city not appeal the ruling.
City Attorney Adler reported that the motion for a summary judgement
in the Ves Carpenter vs the City of Dania suit was denied and that now
the case will go to trial .
6. City Attorney Adler read the title of an ordinance amending water
ordinance No. 62 for adoption on first reading.
Commissioner Donly made a motion, seconded by Commissioner Hirsch to
adopt this ordinance on first reading.
CommissionerBertino made a motion, seconded by Commissioner Donly to
ammend this motion to delete the portion of Section (3)-(2)-(C) that
provides a refund of $20.00 for all future customers at the end of one
year if no delinquencies have occured. Motion to amend carried with
Commissioner Cook voting NO.
The original motion as amended passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
7. City Attorney Adler read the title of an ordinance amending Sewer Ordinance
No.63 for adoption on first reading.
Commissioner Cook made a motion, seconded by Commissioner Donly to adopt
this ordinance on first reading. Motion carried on the following roll
call vote:
Commissioner Bertino -yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
8. Commissioner Cook asked City Attorney Adler if the owners of the property
that have obstructions in the swale area have been put on notice that they
could possibly be liable for any accidents caused by these obstructions. If
not, Commissioner Cook stated that it was her opinion that they should be if
it is legally required. She also inquired as to whether these property owners'
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insurance carriers had been informed of these obstructions and if so
would they include the city on their policy in the event of litigation.
She asked the City Attorney if these property owners would be jointly and
severalty liabel .
City Attorney Adler responded that it is a possibility that both the
city and the property owner could be held liable but that each case
must be judged on it's own facts.
City Attorney Adler stated that he did not think that the city is
responsible for notifying all the property owners or their insurance -
carriers that they might be liable for any litigation resulting form
these obstructions.
The City Manager was instructed to check with our insurance carrier
to make sure the swale areas are covered.
9. City Manager Marant presented a request by Mid-South Engineering Co.
to use the commission chambers on May 23, 1979 at 7:30 P.M. to hold
a public hearing on the widening of Griffin Road and State Road 7 to
U.S. 1.
Commissioner Bertino made a motion to refer this to the City Manager,
with the commission's approval, to make the necessary arrangements such
as a bond for clean-ups, etc. Motion seconded by Commissioner Cook
and passed unanimously.
10. City Manager Marant referred the commission to a letter from Channel 51
which included a check of $1 ,000 in settlement of an old utility lien
which was rendered to the bankruptcy courts. City Attorney Adler and
City Manager Marant recommended that the city accept this money in
settlement of this lien.
Commissioner Hirsch made a motion to accept this recommendation to
accept the $1000 plus the two checks of approximately $70 each that
had been sent previously. Motion seconded by Commissioner Donly and
passed unanimously.
11 . As a follow up to Commissioner Donly's request at the April 24 conmiss-
ion meeting in reference to the city self-insuring for property damage,
City Manager Marant recommended that the city set aside $6,000 a year
for the next 5 years for property damage - self insurance.
Commissioner Donly made a motion seconded by Commissioner Hirsch to
accept this recommendation. Motion passed unanimously.
Emergency Items:
Commissioner Bertino made a motion, seconded by Commissioner Hirsch
to declare action on repairing the Fire Department roof as an emergency.
Motion passed unanimously.
City Manager Marant requested commission approval to repair the roof
on the Fire Department.
Commissioner Bertino made a motion, seconded by Commissioner Hirsch to
approve a resolution allowing the city manager to spend up to $5,000
to repair this roof. Motion passed unanimously.
Comments:
City Manager Marant infonned the commission that the administration is
abiding by the court order as to what the city is required to do in con-
juction with producing personnel files for Mr. Ken Hall 's review.
City Attorney Adler presented for approval the agreement between the
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City of Dania and Mr. Gottlieb on the installation of a water line
with the stipulation in it that due to the requirement of the Health
Department the city be responsible for maintaining the system. Mr.
Gottlieb would post and maintain a $2,000 cash bond to cover any cost
of maintenance by the city.
Commissioner Donly made a motion, seconded by Commissioner Bertino to
consider this an emergency item. Motion passed unanimously.
Commissioner Donly made a motion, seconded by Commissioner Bertino to
approve this agreement. Motion passed unanimously.
Commissioner Cook made a motion, seconded by Commissioner Donly to
approve the appointment of the Unsafe Structures Board as presented
in a letter previously distributed. Motion passed unanimously.
Commissioner Donly expressed the need for a workshop to review the
six month revision of the budget.
Meeting Adjourned:
mayor- ommissioner
City C etk- Auditor
Regular Meeting May 8, 1978
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• CITY 01' DANIA
INTER-OFFICE MEMORANDUM # 757
TO : The Mayor and
City Commissioners
FR014: Richard Marant
City Manager
RE : Appointment of Members to
Unsafe Structures Board
DATE: April 27 , 1979
Mayor Adams has asked me to provide you with a list for
appointment to the Unsafe Structures Board. He is also
requesting that you provide him with names of people who
you may feel might be interested in serving on this Board.
There are nine positions that will need to be filled.
Those are :
1. A registered engineer -- John Farina
2 . A registered architect -- Leroy Crouch
3. A general building contractor -- John Bartley
11 . An electrical contractor -- William Sargent
5. An attorney-at-law --Dixon Thomas
6. A registered appraiser -- Luther Sparkman ✓
7. A registered property manager -- Mr. M. Goodman
8 . A plumbing contractor -- Richard Schubert
9 . A citizen with experience and background in the
field of social problems -- Mildred Jones
The Mayor has requested your input with regard to names.
Please submit same to me prior to May 7 , 1979.
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AGENDA
REGULAR MEETING
DANIA CITY COMMISSION
MAY 8,1979
8:00 P.M.
MEETING TO ADJOURN ON OR BEFORE 12:00 A.M.
Invocation
Pledge of Allegiance
Roll Call
Approval of the minutes of the regular meeting of April 24, 1979.
1 . PUBLIC HEARINGS:
a) Second reading of the ordinance approving the plat of Lone Star. This was
continued from the April 24,1979 meeting.
b) Continuation from the April 3,1979 meeting of a variance request by Mr. and
Mrs. John Rule for the property at 721 S.W. 5th St., legally described as
Lot 9, Blk. 7, College Tract, to allow the extension of a non-conforming use;
petitioner is presently operating a facility for adult congregate 'living which
they wish to extend to an adjacent lot. The Planning and Zoning Board re-
commended approval of this variance.
c) Consideration of and action on a variance request by John Bartley for the
property located at 245 and 249 S.W. 7 St. , legally described as Lots 12
and 13, Blk. 4, Dania Heights Extension, to allow the construction of two
duplexes on lots of insufficient width (each lot is 50' by 140' consisting
of 7,000 square feet) subject property zoned RD-6000 (duplex). The Planning
and Zoning Board approved this request with the stipulation that half of the
parking be in the rear and half in the front.
Exhibit: Notice of Hearing
d) Consideration of and action on a variance request by Mervin Span for the
property located at 224 N. W. 9th Avenue, legally described as Lot 6, Block
A, Danette, to allow the construction of a duplex on a lot of insufficient
width and square footage; subject property is zoned RD-6000 (duplex). The
Planning and Zoning Board approved this variance.
Exhibit: Notice of Hearing
e) Consideration of and action on a variance request by Mildred Black for the
property at 138 N.W. 8 Ave. , legally described as Lot 6, Blk. 30, Town of
Dania, to allow adult congregate living in an RD-6000 zoning classification
(duplex). The Planning and Zoning Board approved this variance with the
stipulation that only four (4) other persons besides Ms. Black could live
there.
Exhibit: Notice of Hearing
2. Citizens Comments
t 3. The Planning and Zoning Board at their May 1 ,1979 meeting recommended that the
Commission have the proper ordinance drawn up for the RMO Zoning District and
proceed with the public hearings.
4. Consideration and possible action on City Attorney Adler's opinion regarding
the legality of supplying a grave site to the Benson Family.
' 5. City Attorney Adler's report on litigation.
6. First reading of an ordinance amending the Water ordinance #62. Public hearing on
second reading to be held May 22, 1979.
Exhibit: Ordinance
7. First reading of an ordinance amending the Sewer ordinance #63. Public hearing on
second reading to be held May 22,1979.
Exhibit: Ordinance
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R. Discussion of obstructions in City right of ways.
Commissioner Cook
9. Request by Mid South Engineering Co. to use the Commission Chambers to hold a
public hearing on May 23, 1979 at 7:30 p.m. concerning widening of Griffen Road
and State Road 7 to U.S. 1 .
Exhibit: Letter from Mid South
10. Recommendation by the City Manager for acceptance of money received from Channel
51 regarding delinquent utility bill.
Exhibit: Letter from CB-TV Corp.
11 . City Managers recommendation as to the feasibility of the City self insuring
for property damage.
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Regular Commission Agenda -2- May 8, 1979