HomeMy WebLinkAbout30552 - MINUTES - City Commission MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
NOVEMBER 14, 1978
Invocation by Reverend Leon Carroll .
Pledge of Allegiance
Roll Call :
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Cook
Howard Hirsch
Robert Donly
City Attorney: Frank Adler
City Manager: Richard Marant
City Clerk: Wanda Mullikin
Police Chief: Rudy Rigo
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to
approve the minutes of the special meetings of October 23rd and October 26th,
the regular meeting of October 24th, and the workshop meeting of November 2nd,
1978. The motion passed by all .
1. Public Hearings:
a) City Attorney Adler read the title of the ordinance prohibiting gambling
on City owned property for second reading.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition, the Mayor declared the public hearing closed.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook
to withdraw this ordinance due to there not being a need for it, since
gambling was not approved in the State of Florida.
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) City Attorney Adler read the title of the ordinance approving the lease
agreement between the City and Atlantic Concessions, Inc, for the Dania
Beach Grill for second reading.
Mayor Bertino then declared the public hearing open, after hearing from A.J.
Ryan representing Mr. Sitzman,present leasee of the Dania Beach Grill,request
that the City reconsider his client as leasee for the Dania Beach Grill ,
Mayor Bertino then declared the public hearing closed.
After further discussion, a motion was made by Commissioner Donly, seconded
by Commissioner Adams to approve on second and final reading the ordinance
approving the lease agreement with Atlantic Concessions for the Dania Beach
Grill .
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-no
Commissioner Cook-no Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -i- November 14, 1978
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c) City Manager Marant suggested that the Commission continue the
public hearing on the ordinance rezoning a portion of the Wl;
of the SE;; of the SW;s of the SE of Section 33-50-42 from existing
zoning classifications to I-G ( Industrial General ) zoning classifi-
cations, until the Commission can have a special meeting with the
Planning & Zoning Board and Stutsman Associates who are preparing
the land use plan for the City of Dania to review this zoning, and
due to the City having to comply with the County Use Plan that will
come in effect on November 22nd.
After further discussion, a motion was made by Commissioner Donly,
seconded by Commissioner Adams to continue the public hearing for
the ordinance rezoning a portion of the A of the SEq of the SW;
of the SE; of Section 33-50-42 from existing zoning classifications
to I-G (Industrial General ) zoning classifications until the next
regular meeting of December 12, 1978.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
d) A motion was made by Commissioner Cook, seconded by Commissioner Donly
to continue the public hearing of the ordinance rezoning Lot 7,
Block 6, and Tract B of West Moorland from existing zoning classifi-
cations to C-2 (commercial ) until the regular meeting of December 12,
1978 due to the same reasons as stated for Item c.
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) City Attorney Adler read the title of the ordinance rezoning Tract A
less the S 295' Hollywood Palms Re-Amended Plat from existing zoning
classifications to RM (Multi-family) zoning classification.
Mayor Bertino declared the public hearing open, after hearing several
Dania residents speak in favor of this ordinance, the Mayor declared
the public hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to adopt on first reading this ordinance rezoning Tract A less the S 295'
Hollywood Palms Re-Amended Plat from existing zoning classifications to
RM (Multi-family) zoning classification.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
f) Mr. Ivory McCutcheon stepped forward to request a variance for the pro-
perty located at 401 NW Third Place.
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 Hirsch
to approve the variance request to Ivory McCutcheon for the property
located at 401 NW Third Place,to allow the construction of a screen
enclosure for a swimming pool which does not meet the required 15 foot
rear yard setback.
The motion passed on the following roll call vote:
Regular Meeting -2- November 14, 1978
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Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
g) Attorney Paul Goldstein respresenting Ves Construction stepped forward
to request a variance for the property located at 790 SW Second Avenue
to allow construction of a duplex on a lot of insufficient width and
square footage.
Mayor Bertino then declared the public hearing open, hearing no one
speak in favor or opposition of this variance request, the Mayor de-
clared the public hearing closed.
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to grant the variance request to VeS Construction for the property
located at 790 SW Second Avenue to allow the construction of a duplex
on a lot of insufficient width and square footage.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
2. Citizens' Comments.
Angela Dixon at 1301 W. Dania Beach Boulevard stepped forward to
complain about the lack of clean up in old Stirling Golf Course
area.
The Commission instructed City Manager Marant to check into this
problem to see what can be done.
Mr. Bill Brooks stepped forward to complain about the damage that
had been done to Frost Park due to the carnival being allowed to
set up in that area.
3. A motion was made by Commissioner Hirsch, seconded by Commissioner
Cook to close the bidding and open the bids received on the new
passenger van. The motion passed by all.
City Manager Marant read the following bids received:
Barker & Weeks $8,700.00 - 1979 Dodgewagon0 Maxi
9portsmanHollywood Ford Inc. $8,660.00 - 1979 Ford E 250
Super wagon
A motion was then made by Commissioner Hirsch, seconded by Commissioner
Cook to refer these bids to City Manager Marant for tabulation and
recommendation by the Special Meeting of November 21, 1978. The motion
passed by all .
4. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly
to ratify the PBA Contract as submitted by Mr. Murry Goodman. The motion
passed by all .
5. Administrative Aide, Garnell Faulk stepped forward to discuss with the
Commission Local Government Personnel Assistance through the Department
of Community Affairs.
A motion was made by Commissioner Cook, seconded by Commissioner Donly
to accept the recommendation from Garnell Faulk for aid with the Local
Regular Meeting -3- November 14, 1978
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Government Personnel Assistance through the Department of Community
Affairs.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-no
Commissioner Donly-yes
' 6. City Manager Marant requested permission to purchase 12 Twin Case
t: automatic meters with safeguard collection system at $1,938.48 and
19 Single automatic meters with safeguard collection system at
$1,664.83.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Cook to approve a resolution authorizing City Manager Marant to
purchase these meters without the bidding procedure. The motion
passed by all.
7. City Manager Marant discussed with the Commission the procedure that
has been recommended by HUD for indigent people to connect into the
sewers stem in the newly annexed area. He recommended that the
City wave any fees for those people who are unable to pay and
that monies are expected to be approved from HUD for these people
in June or early July of 1979. He continued to say that the people
who can afford to hook-up into the system may be able to in 30 days.
City Attorney Adler informed the Commission that waiving of these
fees must be done by ordinance.
A motion was made by Commissioner Donly, seconded by Commissioner Hirsch
to approve the concept of the recommendation from HUD for indigent people
and instructed City Attorney Adler and City Manager Marant to work out
and prepare an ordinance waiving these fees for the newly annexed area.
The motion passed by all .
8. City Manager Marant recommended to the Commission not to donate any
monies to the Chamber of Commerce at this time due to the City having
such a tight budget, and that possibly in six months the City may be
in more of a position to donate. The Commission agreed with this.
9. Commissioner Donly commended Mrs. Lindsey Glew for her service on the
Planning and Zoning Board and requested that a letter be sent to her
stating this now that she has moved away. He then recommended that
the Commission appoint Rolanda Higgs-Rule to fill her position on the
Planning & Zoning Board.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook
to appoint Rolanda Higgs-Rule to the Planning & Zoning Board, and adopting
the resolution. The motion passed by all .
City Attorney Adler stated that he would prepare the resolution appointing
Mrs. Higgs-Rule.
10. Mayor Bertino informed the Commission that Pension Ordinance #132 did
s` not include the ability to invest monies in a Savings and Loan Associa-
tion and requested that this be declared an emergency due to the Board
needing to invest some monies right away.
''. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch
to declare this item an emergency. The motion passed by all.
A motion was then made by Commissioner Donly, seconded by Commissioner
Hirsch to adopt on first reading the ordinance amending Ordinance #132
to include a Savings & Loan Association for investing pension monies.
Regular Meeting -4- November 14, 1978
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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 motion was made by Commissioner Donly, seconded by Commissioner Adams
to adopt on second and final reading the ordinance amending the Pension
Ordinance #132 to include the use of a Federal Savings & Loan Association
for investing Pension funds.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
11. City Attorney Adler read the title of the resolution declaring a
portion of Sewer Lift Station "M" surplus.
Discussion followed concerning the City not receiving as of yet
the final payment for the prior property connecting the Sewer Lift
Station that Mr. John Bartley has bought from the City.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to table this resolution declaring a portion of the Sewer Lift Station
"M" surplus, until the City Attorney can check with the City Clerk to
find out why this payment has not be received. The motion passed by all.
12. A motion was made by Commissioner Donly, seconded by Commissioner Cook
to approve the bills for the month of October. The motion passed by
all .
13. City Clerk Wanda Mullikin requested permission from the Commission to
confirm the write-off of the sidewalk assessment on Southeast Second
Avenue, due to this never being completed.
A motion was made by Commissioner Cook, seconded by Commissioner Donly
to accept the recommendation of City Clerk Wanda Mullikin and confirm
the write-off from the City's books of the sidewalk assessment on
Southeast Second Avenue. The motion passed by all .
14. City Manager Marant requested that Mr. John Bond be given credit for
his installing a water line at his own cost located near Port Everglades
Warehouse N2, and then running East on Eller Drive, then turning 90
South and terminating at Port Everglades Warehouse i15.
A motion was made by Commissioner Cook, seconded by Commissioner Hirsch
to refer this item to the City Manager and City Engineers, and that
the credit should not exceed the assessment. The motion passed by
all .
Commission Comments:
Commissioner Cook commended City Manager Marant on his handling of the
problem concerning robberies in the downtown area of Dania.
The Commission granted City Attorney Adler permission to go to Tallahassee
on behalf of the City.
Commissioner Hirsch requested that the City consider some type of policy for
waiving of future permit fees, due to the damage that was done to Frost Park
where the Dania Days Carnival was held.
A motion was made by Commissioner Hirsch, se ed by Commissioner Adams to
adjourn this meeting. The motion pass usly.
r- ommissioner
City Clerk-Auditor
Regular Meeting -5- November 14, 1978
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REGULAR MEETING ,
DANIA CITY COMMISSION
NOVEMBER 14 , 1.978 s
8 : 00 P.M.
MEETING TO ADJOURN ON OR BEFORE 12 : 00 A.M .
Tnvoca1:i.on by Reverend Leon Carroll.
s -
Pledge of Allegiance.
Roll Cal.l. 'F1'
1.r
Approval of the minutes of the special meeting of October 23,
the regular meeting of October 24 , the special meeting of
October 26, and the workshop meeting of November 2 , 1978.
I. Public Hearings :
a) Second reading of ordinance prohibiting gambling on City
owned property.
b) Second reading of ordinance approving the lease agreement
x between the City and Atlantic Concession Associates , Inc.
c) First reading of ordinance rezoning a portion of the A of
the SE'-, of the SW'k of the SEk of Section 33-50-42 from
existing zoning classifications to I-G (Industrial General)
zoning classifications. (continued from the regular meeting
of October 24 )
d) First reading of ordinance rezoning Lot 7 , Block 6 , and Tract
B of West Moorland from existing zoning classifications to
C-2 (commercial ) . The Zoning Board at their meeting of Novem-
ber 7 , 1978 , tabled this item.
EXHIBIT: Notice of Hearing and Ordinance
e) First reading of ordinance rezoning Tract A less the S 2951 ,
Hollywood Palms Re-Amended Plat from existing zoning classi-
fications to RM (Multi-family) zoning classification. The
_ Zoning Board tabled this item at their meeting of November 7.
EXHIBIT: Notice of Hearing and Ordinance
f) Variance request by Ivory McCutcheon for the property located
at 401 NW Third Place, legally described as Lots 26 , 27 , 28 6
29 , Block B, Hanson-Nelson Subdivision to allow the construc-
tion of a screen enclosure for a swimming pool which does not
meet the required 15 foot rear yard setback. Subject property
r is located in an RD-6000 (duplex) zone. The Zoning Board
recommended that the Commission approve this request.
EXHIBIT: Notice of Hearing
g) Variance request by Ves Construction for the property located
at 790 SW Second Avenue , legally described as the S 58 ' of Lots
12 6 13 , Block 4 , Amended Plat of Woodhaven Subdivision to allow
the construction of a duplex on a lot of insufficient width and
square footage. Property is located in an RD-6000 zone. The
Zoning Board recommended that the Commission approve this request .
EXHIBIT: Notice of Hearing
2. Citizens ' Comments .
3 . Receipt of bids for new passenger van.
4 . Ratification of PBA Contract.
5. Discussion of Local Government Personnel Assistance through the
Department of Community Affairs. Garnell Faulk
6. Request to purchase 12 Twin Case automatic meters with safeguard
collection system at $1 ,938. 48 and 19 Single automatic meters with
tfeguard collection system at $1,664 . 83.
7 . Discussion of procedures for waiving of certain fee in the newly
annexed area.
3 . Discussion of donation to the Chamber of Commerce.
9 . Recommendation for appointment to the Planning E Zoning Board.
10 . Emergency ordinance amending Police & Fire Pension Ordinance #132 .
11 . Resolution declaring a portion of Sewer Lift Station "M" surplus and
to advertise for sale.
EXIITBIT: Resolution forthcoming
12 . Approval of bills as paid for the month of October.
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13 . Request authorization to confirm wri#e-off of sidewalk assessment
on Southeast Second Avenue.
EXHIBIT: Memorandum from City Clerk
14 . Discussion by City Attorney regarding agreement for installation of
• water line with John Bond.
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City Commission Agenda -2- November 14 , 1978