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Home My WebLink AboutNULL (557) 6all.'+J.eYu ae..+' •:gyp. n MINUTES REGULAR MEETING DANIA CITY COMMISSION OCTOBER 24, 1978 j, Invocation by Reverend Paul Faircloth Pledge of Allegiance Roll Call : 4 Present: Mayor: John Bertino Vice Mayor: James Adams Commissioners: Jean Cook Robert Donly Howard Hirsch 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 Hirsch, seconded by Commissioner Donly to approve the minutes of October 10th and 11th, 1978. The motion passed by all . 1 . Public Hearings: (a)* City Attorney Adler read the title of the ordinance for second reading concerning anyone selling, lending, giving away, showing, advertising for sale or distributing to anyone under the age of 18 years any material which exploits, is devoted to, or is principally made up of descriptions or depictions of illicit sex. 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 adopt this Ordinance on 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 ** City Attorney Adler read the title of the ordinance for second reading on pornography providing that in existing zoning districts where either a book store and/or a motion picture theatre is a permitted use, the use of adult book store, adult motion picture theatre and adult mini motion picture theatre, shall be permitted as a book store use or motion picture theatre use, respectively, where permitted, but shall not be located within 1,000 feet of any two other such uses (adult book store, adult motion picture theatre, adult mini motion picture theatre) or with- in 1,000 feet of a church or other places of worship, school or residentially zoned district. 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 Cook, seconded by Commissioner. Hirsch to adopt this ordinance on 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 Regular Meeting -1- October 24, 1978 r f '1= ?Si7 *** City Attorney Adler read the title of the ordinance for second reading concerning Pornography regarding a fine not to exceed $500 or imprisonment for a period not to exceed 90 days to any person who shall knowingly display to open public view any still picture or photograph, or any book, pocket book, pamphlet or magazine, the cover which exploits, is devoted to, or is principally made up of depictions Of illicit sex, ect. . . 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 Adams, seconded by Commissioner Cook to adopt this ordinance on 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) After further discussion, a motion was made by Commissioner Donly, seconded by Commissioner Cook to continue the public hearing and first reading of the ordinance rezoning a portion of the WIC of the SE; of the SWIA of the SE4 of Section 33-50-42 from existing zoning classifications to I-G (Industrial General ) until the next meeting on November 14th. The motion passed by all. (c) City Attorney Adler read the title of the ordinance approving the lease agreement between the City and Atlantic Concession Associates, Inc. covering the property known as Dania Beach Grill. Attorney A.J. Ryan representing The Dania Beach Grill , Inc. , requested that the Commission reconsider his client as the leasee for the Dania Beach Grill . After further discussion, a motion was made by Commissioner Donly, seconded by Commissioner Adams to approve on first 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-yes Commissioner Cook-no Mayor Bertino-yes Commissioner Donly-yes (d) Attorney Clarke Walden representing Anthony Drakas stepped forward to give a presentation for a variance request for the property known as Dania Golf Course to reduce the parking ratio from 2 parking spaces to 1h parking spaces per apartment. Mayor Bertino then declared the public hearinq open, hearing several Dania residents speak in opposition.to the development of the Dania Golf Course, 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 request to allow 1k parking spaces instead of 2 parking spaces per apartment. 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: There were no citizens ' comments. Regular Meeting -2- October 24, 1978 a. h =s; 3. Mr. Robert E. Lockwood, Clerk of Courts was present to answer questions +rt and explain how the City's court cases are handled, The Commission and audience expressed their appreciation for his appearance. Fr ' 4. Mr. Garnell Faulk, Administrative Aide stepped forward to inform the Commission that he is in the process of preparing the first draft of an Affirmative Action Plan for the City of Dania Employees, and that he expects to have this ready for .` their review by December 14th. City Attorney Adler read the title of the ordinance for first reading prohibiting gambling on City owned property. A motion wad made by Commissioner Donly, seconded by Commissioner Cook to adopt on first reading this ordinance prohibiting gambling on City owned property. r' The motion passed on the following roll call vote: " es Commissioner Adams-yes Y Commissioner Hirsch-no Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes 6. A motion was made by Commissioner Cook, seconded by Commissioner Donly to 4 . authorize City Manager Marant to close the City Hall November 17th in order to move into the new administrative offices. The motion passed by all . 7. City Manager Marant presented his recommendation that he feels should be submitted to Mr. John Mayer, Contractor on completion of the new City Administrative building. A motion was made by Commissioner Cook, seconded by Commissioner Adams to ' accept the recommendation of the City Manager as per his memorandum The motion passed with Mayor Bertino voting no. N672, .; {' 8. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt a resolution waiving the bidding procedure for City Manager Marant to employ W.A. Brooks & Sons to install the sprinkler system for Modello Park r' ballfield in the amount of $2,508.00. The motion passed by all , 9. A motion was made by Commissioner Donly, seconded by Commissioner Cook to to approve to advertise for bids for labor and materials for sub contracts for the Boisy Waiters Neighborhood Facility which City workers cannot install and approval to advertise for bids for material only, that City workers can install . The motion passed by all . 10. A motion was made by Commissioner Donly, seconded by Commissioner Cook to cancel the regular meeting of November 28th, 1978. The motion passed by all . Addendum Items: 11. Commissioner Donly requested the Mayor appoint.Veta Mae Peterman, with the Commission's approval , to the Dania Housing Authority for four years. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to appoint Veta Mae Peterman to the Dania Housing Authority for a four year term. The motion passed unanimously. 12. Mr. Tom Sette stepped forward to request financial assistance for the Dania Chamber of Commerce. City Manager Marant informed the Commission that there has;. not been any funds allocated for this budget year for the Dania Chamber of Commerce. Regular Meeting -3- October 24, 1978 T..4 Lw c�^i After further discussion, Commissioner Hirsch requested that discussion "` of financial assistance for the Dania Chamber of Commerce be placed on y the next regular meeting 'agenda. 13. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to adopt the resolution approving the purchase of Christmas decorations for the City of Dania not to exceed $4,500.00. The motion passed with Commissioner Donly and Commissioner Cook voting no. 1' f; 14. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to close the bidding for the public works tractor. The motion passed by all . s ,sA - - s City Manager Marant read the following bids received: 1�" If1 Medco International- $9,450.00 ($500 trade in) ' Massey Ferguson, Inc. $8,690.00 ($1,000 trade in) Growers Ford Tractors- $9,581.00 ($1,750 trade in) S De Bra Turf & Equipment- (a) $9,995.00 Massey Ferguson 255) ` (b) $10,395.00 John Deere 2240) ,•r, $300 trade in) S'w=' Case Power & E ui ment- ($1,000 trade in) q P $7,694.00 'u §r ' A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to instruct the City Manager and Fire Chief to tabulate the bids received and to come back with a recommendation for the Commission. The motion passed unanimously. Commission Comments: Commissioner Donly requested to have placed on the next regular meeting agenda his recommendation for appointment of a member to the Planning & Zoning Board. Mayor Bertino inquired into the progress of litigation with AlA Road and Wreck- er service. City Attorney Adler informed the Commission that the final hearing has been set for December. 1978. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adjourn this meeting. The motion passed by all. Mayor-Como ssioner City clerk-Auditor Regular Meeting -4- October 24, 1978 Q AGENDA REGULAR MEETING ® DANIA CITY COMMISSION OCTOBER 24 , 1978 8 : 00 P.M. MEETING TO ADJOURN ON OR BEFORE 12 :00 A.M. Invocation by Reverend Paul Faircloth. Pledge of Allegiance. Roll Call . ® Approval of the minutes of the regular meetings of October 10, and 11 , 1978 . 1 . Public Hearings : a) Second reading of ordinances on pornography . ® (ordinances previously distributed) b) First reading of ordinance rezoning a portion of the W;j of the SEY, of the SW� of the SE'k of Section 33-50-42 from existing zoning classifications to I-G (Industrial-General). The Zoning Board at their meeting of October 3 , 1978, recom- ® mended that the Commission disapprove this ordinance. EXHIBIT : Ordinance c ) First reading of ordinance approving the lease agreement between the City and Atlantic Concession Associates, Inc. covering the property known as Dania Beach Grill. ® EXHIBIT : Ordinance (second reading to be November 14 ) d) Variance request by Anthony Drakas for the property known as Dania Golf Course to reduce the parking ratio from 2 parking spaces per apartment unit to 1;� parking spaces per apartment unit. ® EXHIBIT: Notice of Hearing 2. Citizens' comments. 3. Appearance by Robert E. Lockwood, Clerk of Courts to answer questions regarding handling of cases or any other aspect which ® effects your community in connection with the Clerk' s Office. 4. Discussion of Affirmative Action Plan. 5. First reading of ordinance prohibiting gambling on City owned property. 0 EXHIBIT: Ordinance forthcoming 6. Request by City Manager to close City Hall Administrative offices on November 17 in order to facilitate move into new building. 7. Administrations recommendations concerning negotiations on certain i contractual items with regards to the new administrative center. EXHIBIT: Memo #672 8 . Approval of sprinkler system for Modello Park ballfield as sub- mitted by W. A. Brook 6 Sons. EXHIBIT: Proposal 9 . Approval to advertise for bids for labor materials for sub contracts for the Boisy Waiters Neighborhood Facility which City workers can- not install and approval to advertise for bids for material only, that City workers can install. 10. Rescheduling of the regular meeting of November 28, 1978 , due to the National League of Cities Convention in St. Louis. Y ADDENDUM REGULAR MEETING DANIA CITY COMMISSION OCTOBER 24 , 1978 11. Appointment to Dania Housing Authority . 12. Appearance by Dania Chamber of Commerce to discuss financial needs . 13. Resolution approving purchase of Christmas decorations not to exceed $4 ,500 . 14. Receipt of bids for Public Works tractor. 'e `e