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1.
MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
DECEMBER 12, 1978
Invocation by Richard Marant, City Manager
Pledge of Allegiance
Roll Call :
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Look
Robert Donly
Howard Hirsch
City Manager: Richard Marant
City Attorney: Frank Adler
City Clerk: Wanda Mullikin
Police Chief: Rudy Riga
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
A motion was made by Commissioner Donly, seconded by Commissioner Adams
to approve the minutes of the regular meeting of November 14th, and
the special meeting of November 21 , 1978. The motion passed by all .
1. Public Hearings:
(a) Mr. John Lanic stepped forward to request second reading of an ordinance
rezoning Tract A, less the S 295' of Hollywood Palms Re-Amended Plat.
Mayor Bertino then declared the public hearing open, hearing no one sneak in
favor or opposition of this ordinance, the Mayor declared the public hearing
closed.
City Attorney Adler read the title of the ordinance for second and final read-
ing.
A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to
adopt this ordinance rezoning Tract A, less the S 295' of Hollywood Palms
Re-Amended Plat for second and final reading.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(b) A motion was made by Commissioner Hirsch, seconded by Commissioner Donly
to continue the public hearing until the next regular meeting on the ordi-
nance rezoning Lot 7, Block 6 and Tract B of West Moorland Subdivision from
existing zoning classifications to C-2 (commercial).
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
After further discussion in Item c, a motion was made by Commissioner Donly,
seconded by Commissioner Cook to withdraw this item from the agenda until
the land use plan has been adopted and to readvertise and waive any fees to
the petitioner.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-no
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -1- December 12, 1978
(c) A motion was made by Commissioner Cook, seconded by Commissioner Adams to
continue the public hearing until the next regular meeting for the first
reading of the ordinance rezoning a portion of the W, of the SE; of the
SW!„ of th SE; of Section 33-50-42, from existing zoning classifications ?
to I-G (Industrial General ) y•
City Attorney Adler suggested that the Commission remove this item and item n
b from the agenda and to readvertise these public hearings after the land rt
use plan has been certified by the county, and that no fees be charged to ;=
the petitioners.
Commissioner Cook withdrew her motion and made a motion, seconded by Commissioner
Donly to remove this item from the agenda and to readvertise after the
county certifies the land use plan and not to charge any fees to the petitioners. h:
The motion passed on the following roll call vote: '-
Commissioner Adams-yes Commissioner Hirsch-no F
Commissioner Cook-yes Mayor Bertino-yes »r'
Commissioner Donly-yesi
At this time the Commission took action on item b.
y
Building Official Maxwell reported that it could take up-to six months for F
this land use plan to be certified by the county. After further discussion,
Commissioner Donly made a motion, seconded by Commissioner Cook to draft a
letter to the County Commission describing the inconvenience to the people
in the City of Dania due to the slow process of certifying this land use c
plan. The motion passed by all . w
(d) Mr. Kenneth Spry, Architect respresenting Terrazzo Precast Co. stepped forward
to request a variance for the property located on the northwest corner of
SW 9th Street and SW 4th Avenue, to allow the construction of a structure
with insufficient setbacks.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this variance, the Mayor declared the public
hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
grant the variance to Terrazzo Precast Co. for the property located on the
northwest corner of SW 9th Street and SW 4th Avenue, to allow the construction
of a structure with insufficient setbacks.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(e) Mr. Jim McLaughlin representing Mr. Roddy requested plat approval for the
property legally described as the E� of the SWh of the NEB, of the SWh
of Section 35-50-42.
Mayor Bertino then declared the public hearing open, hearing no one speak in
favor or opposition of this plat approval , the Mayor declared the public
hearing closed.
City Attorney Adler read the title of the ordinance approving the plat of
"Roddy Dania Plat No. 1."
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
approve on first reading the ordinance approving the plat of "Roddy
Dania Plat No. V.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -2- December 12, 1978
(f) Mr. Jim Simpkiss of Auto Lon Corporation stepped forward to request a
special exception for the property located at 1781 North Federal Highway,
legally described as all that portion of the S; of the PIE; of Section
27-50-42 , lying between Old Dixie Highway and Federal Highway excepting
therefrom the S 364' thereof, to allow valet parking.
Mayor Bertino declared the public hearing open, hearing no one speak
in favor or opposition of this special exception, the Mayor declared
the public hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
grant the special exception to Auto Log Corporation.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(a) Mr. Span stepped forward to request a variance for the property located
at 218 NW 9th avenue, legally described as Lot 7, Block 1, Danette Sub-
division, to allow the construction of a duplex on a lot of insufficient
width and square footage and to request a variance on the side yard setbacks.
Mayor Bertino then declared the public hearing open, hearing !no one speak
in favor or opposition of this variance request , the Mayor declared the
public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
grant this variance to Herman & Mervin Span for the property located at
218 NW 9th Avenue.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(h) Attorney Larry Adare representing Louis Morrone stepped forward to request
a variance for the property legally described as the El of the NE4 of the
SW, of the NW; less the N 216' thereof, Section 35-50-42, generally describ-
ed as the unimproved property being the northwest parcel of land in the
intersection of Gulfstream Raod and NE 3rd. Street, to allow the use of a
marina in an RS-8000 (residential single family) zone.
Mayor Bertino declared the public hearing open, after hearing from several
residents speak in favor and opposition of this variance request, the Mayor
declared the public hearing closed.
After further discussion, a motion was made by Commissioner Adams, seconded
by Commissioner Hirsch to grant this variance to Louis Morrone on the
predication that at least four homes are going to built on the southside
of the property, that there is a buffer on the southside, that there is a
15' alley, a four foot masonary noise wall , that Mr. Morrone stay 25' away
from his northern property line, and that he dedicate a public right-away
along the western side of his property.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -3- December 12, 1978
g
(i ) Mr. James Clarke representing Betty Clarke was present to request plat
l' approval for the property described as the NK of the SV4 of the SEa
less the E 110' , less the N 75' and less the W 30' thereof, Section
33-50-42, generally located on Bryan Road, north of Stirling Road.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this plat approval , Mayor Bertino declared the
public hearing closed.
r City Attorney Adler read the title of ordinance for first reading.
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"= A motion was made by Commissioner Cook, seconded by Commissioner Hirsch
sy to approve on first reading the ordinance approving the plat of Clarke
Subdivision.
The motion passed on the following roll "call vote:
Commissioner Adams-yes Commissioner'Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
µ (j) City Attorney Adler read the title of the ordinance amending section 24-2
(c) of Ordinance No. 63 to permit the use of PVC pipe in the installation
of lateral sewer lines for first reading.
r> Mayor Bertino declared the public hearing open, hearing no one speak in
favor or opposition, the Mayor declared the public hearing closed.
rA. A motion was made by Commissioner Donly, seconded by Commissioner Cook to
adopt on first reading the ordinance amending section 24-2 (c) of Ordinance
No. 63 to permit the use of PVC pipe in the installation of lateral sewer
lines for first reading.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(k) City Attorney Adler read the title of the ordinance amending Article II,
paragraph 2.1 of Ordinance No. 541, known as "General Employee's Pension
Ordinance", to provide that the membership of the pension committee shall
consist of two members who are employees of the City and three members
who are residents of but not employed by the City.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this ordinance, the Mayor declared the public
hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
adopt this ordinance by amending it to read that there be two members who
are residents of the City of Dania, and two members who are employed by the
City of Dania, and that there be one elected official .
The motion was withdrawn until the City Attorney can review this amendment.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
continue the first reading of this ordinance until the next regular meeting
of December 26th. The motion passed by all .
(2) There were no Citizens ' Comments:
(3) Reverend Frank Mobley from St. John's United Church of God was present
to request permission to hold a tent revival on the corner of Phippen
@ Road and Stirling Road.
E A motion was made by Comnisssioner Cook, seconded by Commissioner Donly to
grant this request for this revival for three weeks and that this request
meet all the necessary requirements. The motion passed by all .
Regular Meeting -4- December 12, 1978
(4) City Attorney Adler read the title of the resolution declaring one 1958
' Chevrolet Panel Truck and one 1969 Ford truck surplus and further declaring
the intent to sell same. y
c A motion was made by Commissioner Hirsch, seconded by Commissioner Cook
to adopt the resolution declaring a 1958 Chevrolet Panel Truck and one
1969 Ford truck surplus and further declaring the intent to sell same.
The motion passed by all .
(5) City Attorney Adler read the title of the resolution establishing filing }
dates and providing for the calling and holding of a primary election of
the City of Dania on Tuesday, February 13, 1979, for the purpose of nomina-
ting City Commissioners to be voted upon at the General Election to be t"
held Tuesday, March 13th, 1979.
A motion was made by Commissioner Hirsch, seconded by Commissioner Adams
to adopt this resolution. The motion passed by all .
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(6) City Attorney Adler read the title of the resolution entering into a certain =;
continuing employment and training contract with Broward Employment and
Training Administration.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
}
adopt this resolution entering into this contract with B.E.T.A. The ws
motion passed unanimously.
(7) City Attorney Adler read the title of the resolution expressing the support
of the Dania City Commission for Child Advocacy, Inc. f
A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to
adopt the resolution. The motion passed by all . d
(8) A motion was made by Commissioner Cook, seconded by Commissioner Donly to
refer the item on determining a minimum bid price for the portion of the
Sewer Lift Station that was declared surplus to the City Manager to work
out the details. The motion passed unanimously.
(9) A motion was made by Commissioner Donly, seconded by Commissioner Cook to
approve the lease agreement for the video equipment from Broward County
Department of Emergency Medical Services. The motion passed by all .
(10) A motion was made by Commissioner Cook, seconded by Commissioner Adams to
appoint Eugene Jewell as Acting City Manager from December 14 to December
26, 1978 in the absence of City Manager Marant. The motion passed by all .
(11) A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to
approve the bills for the month of November, 1978. The motion passed by all .
Commission Comments:
City Manager Marant reported on the problem of illegal dumping on the
property owned by Mr. Robert Graf. He stated that the man who did the
dumping was given until Thursday Afternoon to remove this material , otherwise
Acting City Manager Jewell is to see that an arrest warrant is served on him.
Commissioner Hirsch expressed his concern over a letter from Mr. Bill Fowler
from the Department of Transportation concerning exits on Sheridan Street
and Stirling Road on I-95 not being in the City of Dania. Mayor Bertino
reported that he has a meeting with County Commissioner Forman and the
Department of Transportation on designating the City limits of Dania on
these exits off I-95, and that he will report the results of this meeting
back to the Commission.
Commissioner Donly suggested that a letter'of appreciation be sent to the
"Dania Art Store" for their loaning out the paintings to the City Hall .
City Manager Marant reported that he would express his appreciation to all
who were involved in the move into the new city hall .
Regular Meeting -5- December 12, 1978
. .
aeea was made by Commissioner A� ms, seconded by Commissioner @son to
adjourn this ealg. Theme_ psis by all .
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Regular Meeting -6- December 2, 17� 8
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AGENDA
REGULAR MIEETINC
DANIA CITY COMMISSION
DECEMBER 12 , 1978
8 : 00 P.M.
MEETING TO ADJOURN ON OR BEFORE 12 :00 A.M.
Invocation by Richard Marant.
Pledge of Allegiance.
Roll Call .
Approval of the minutes of the regular meeting of November 14 ,
and the special. meeting of November 21 , 1978 .
1 . Public Hearings :
a) Second reading of ordinance rezoning Tract A, less the S 2951 ,
Hollywood Palms Re-Amended Plat.
b) First reading of ordinance rezoning Lot 7 , Block 6 and Tract B
of West Moorland Subdivision from existing zoning classifica-
tions to C-2 (commercial). (this item was continued from the
regular meeting of November 14 , 1978)
c) First reading of ordinance rezoning a portion of the W� of the
SE'T, of the SWk of the SEk of Section 33-50-42 , from existing
zoning classifications to I-G (Industrial General). (this
item was continued from the regular meeting of November 14 )
d) Variance request by Terrazzo Precast Co. for the property lo-
cated on the northwest corner of SW 9th Street and SW 4th
Avenue, legally described as Lots 9 & 20, Block 3 , College
Tract First Addition , to allow the construction of a struc-
ture with insufficient setbacks . Subject property is located
in an I-G zone. The Zoning Board at their meeting of December
5, 1978, recommended that the Commission approve this request.
EXHIBIT: Notice of Public Hearing
e) Plat approval is requested by McLaughlin Engineering for the
property legally described as the Ell of the SA of the NE34 of
the SA of Section 35-50-42 , and generally located on East
Dania Beach Boulevard east of NE 7th Avenue. The Zoning
Board recommended that the Commission approve this request.
EXHIBIT: Ordinance and Notice of Public Hearing
f) Special exception is requested by Auto Log Corporation for
the property located at 1781 North Federal Highway, legally
described as all that portion of the S'h of the NE34 of Section
27-50-42, lying between Old Dixie Highway and Federal Highway
excepting therefrom the S 364' thereof, to allow valet parking.
Subject property is located in a C-2 zone. The Zoning Board
recommended that the Commission approve this request.
EXHIBIT: Notice of Public Hearing
g) Variance is requested by Herman Span & Mervin Span for the
A property located at 218 NW 9th Avenue, legally described as
Lot 7 , Block A, Danette Subdivision, to allow the construction
of a duplex on a lot of insufficient width and square footage
and to request a variance on the side yard setbacks . Subject
property is located in an RD-6000 (duplex) zone. The Zoning
Board recommended that the Commission approve this request
subject to the requirements of all other authorities being met.
EXHIBIT: Notice of Public Hearing
h) Variance request by Louis Marrone for the property legally de-
scribed as the E' of the NEk of the SWk of the NU'k less the N
216 ' thereof, Section 35-50-42 , generally described as the un-
improved property being the northwest parcel of land in the
intersection of Gulfstream Road and NE 3rd Street , to allow
E the use of a marina in an RS-8000 (residential single family)
::one. The Zoning Board recommended that the Commission ap-
prove this request with the stipulation that single family
residences at the south end of the property be constructed
G ®4'3.`If:u1YE .A'RN0.`�^SSki+'R�'?:`id'+.?.Y.z9:.v. "ssr-Mi2:t: r5. r
1:11e relocation or the marina and :o u t th subject e ul c
mi Lted plans eXCeDtilip the variations as required by the
City of Dania Zon.ing Code and that the variance not be ex-
tended to any other activities not presently undertaken at
the present location and subject to the approval of all
other authorities.
EXHIBIT: Notice of Public Hearing
1) Plat approval is requested by Betty Clarke for the property
legally described as the Wr, of the NWT of the SEk of the
Si:,A-, less the E 1101 , less the N 75 ' and less the W 30 ' there-
of, Section 33-50-42 , generally located on Bryan Road, north
rtr of Stirling Road. The Zoning Board recommended that the
Commission approve this request.
EXHIBIT: Ordinance and Notice of Public Hearing
j ) First reading of ordinance amending Section 24-2(c) of Ordi-
nance No. 63 to permit the use of PVC pipe in the installa-
tion of lateral sewer lines .
I�10
EXIITBIT: Ordinance
k ) First reading of ordinance amending Article III paragraph
2 . 1 of Ordinance No. 541, known as "General Employee 's Pen-
sion ordinance" , to provide that the membership of the pen-
sion committee shall consist of two members who are employ-
ees of the City and three members who are residents of but
not employed by the City.
EXHIBIT: Ordinance
2 . Citizens ' Comments.
3 . Request by Reverend Frank Mobley, Sr. of St. John' s United
Church of God to hold a tent revival on the corner of Phippen
Road 6 Stirling Road.
EXHIBIT: Application for occupational license
Adoption of resolution declaring one 1958 Chevrolet Panel truck
and one 1969 Ford truck surplus and further declaring the intent
to sell same.
EXHIBIT: Resolution
5 . Adoption of resolution establishing filing dates and providing for
the calling and holding of a primary election of the City on
Tuesday, February 13, 1979, for the purpose of nominating City
Commissioners to be voted upon at the General election to be held
on Tuesday, March 13 , 1979.
EXHIBIT: Resolution
6. Adoption of resolution entering into a certain continuing employ-
ment and training contract with Broward Employment and Training
Administration.
EXHIBIT: Resolution
•
7. Adoption of resolution expressing the support of the Dania City
Commission for Child Advocacy, Inc.
EXHIBIT: Resolution
8. Request determination of minimum bid price for sale of portion of
Sewer Lift Station I'M". City Clerk
9. Approval of lease agreement for video equipment from Broward County
Department of Emergency Medical Services.
EXHIBIT: Lease Agreement
10. Recommendation by City Manager to appoint Eugene Jewell , Acting
City Manager from December 14 , 1978 to December 26, 1978 .
11. Approval of the bills as paid for the month of November, 1978.
City Commission Agenda -2- December 12, 1978