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HomeMy WebLinkAboutNULL (560) MINUTES REGULAR MEETING DANIA CITY COMMISSION SEPTEMBER 26, 1978 Invocation by Reverend Van Arsdale. Pledge of Allegiance. Roll Call : 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 Cook, seconded by Commissioner Hirsch to approve the minutes of the regular meeting of September 12, and the special meeting of September 19, 1978. The motion passed by all . 1. Public Hearings: (a) City Attorney Adler read the title of the ordinance adopting the 1978-79 Water Fund budget for second reading. Mayor Bertino 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 Hirsch, seconded by Commissioner Adams to adopt the ordinance adopting the 1978-79 Water Fund Budget for second 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) City Attorney Adler read the title of the ordinance adopting the 1978-79 Sewer Fund Budget for second reading. Mayor Bertino 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 Hirsch to adopt the 1978-79 Sewer Fund Budget Ordinance. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes (c) City Attorney Adler read the title of the ordinance approving the "M.L.S. Plat" for second reading. Mayor Bertino then declared the public hearing open, after hearing Building Official Maxwell inform the Commission that McLaughlin Engineering has complied with all the requirements, the Mayor declared the public hearing closed. Regular Meeting -1- September 26, 1978 u' parr,• . i A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to adopt on second reading the ordinance approving the "M.L.S. Plat". The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes lj * (At this time in the meeting, Mayor Bertino informed the Commission that €, item #7 on agenda had been deleted. ) (d) City Attorney Adler read the title of the ordinance rezoning the N 300' of the E�z of the NWJ; of the NEl; of the SE, and the % of the NE; of the NE'„ of the SEls of Section 34-50-42 from 0-S zoning classification to C-2 (commercial ) (Saturday Corporation) 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 Cook, seconded by Commissioner Hirsch to adopt on second reading the ordinance rezoning the N 300' of the Eh of the NW; of the NE; of the SE►s and the % of the NU, of the NE4 of the SE14 of Section 34-50-42 from 0-S zoning classification to C-2 f (commercial ) with the City Forester's approval . $� The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes ' Commissioner Cook-yes Mayor Bertino-no Commissioner Donly-yes (e) City Attorney Adler read the title of the ordinance rezoning the NW; of the SE; of the SE, of Section 34-50-42 to C-2 (commercial ) 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 Adams, seconded by Commissioner Hirsch to adopt on second reading the ordinance rezoning the NW3A of the SE; of the SE3; of Section 34-50-42 to C-2 (commercial) .(Golf Course) The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-no Commissioner Donly-yes Attorney Clarke Walden stepped forward at this time to request a possible public hearing concerning the parking spaces on the Site Development plan.of the Golf Course property. The Commission then set a Special Meeting for Tuesday, October 17th at 8:00 p.m. for this hearing. (f) City Attorney Adler read the title of the ordinance annexing a portion of the W2 of the NW;4 of the SWq of the SW; of Section 23-50-42 lying South of the Port Everglades railway less the S 259' thereof and a portion of the SW; of Section 23-50-42 known as "Port Everglades Warehouses No. 3" and "Port Everglades Warehouses No. 4" Mayor Bertino 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 Donly, seconded by Commissioner Hirsch to adopt on second reading the ordinance annexing a portion of the W� of the NW; of the SW; of the SW; of Section 23-50-42 lying South of the Port Everglades railway less the S 259' thereof and a portion of the SW" of Section 23-50-42 known as "Port Everglades Warehouses No. 3" and "Port Everglades Warehouses No. 4" Regular Meeting -2- September 26, 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 ' 2. Citizens' Comments: Mr. John Bond stepped forward to report on the progress that is being made for the installation and extension of a water line along Eller Drive as per an agreement with the City of Dania. Attorney Henry Kay representing Mr. & Mrs. Gottlieb stepped forward to request consideration of waiving an impact fee or surcharge on a building permit for the development of property as per Ordinance N99. u: City Attorney Adler suggested that his could be handled administratively. Commissioner Hirsch requested that discussion of the procedure for waiving of certain fees in the newly annexed area be placed on the agenda for October 17th. ` Clarke Walden stepped forward to inform the Commission that an agreement with �r Saturday Corporation for a lease on the Ocean Protein Building has been pre- pared for their approval . s, The Commission then decided to have this placed on the agenda for Tuesday, 'f October 17th. K; Mrs. Rolanda Higgs-Rule stepped forward to complain about the standing water 'z on. S.W. 5th Street. ` 3. Request by Mr. Ken Hall to discuss the City of Dania's Affirmative Action Plan and also the installation of bathrooms at Modello Park was deleted ` from the agenda due to Mr. Hall not being present. 4. Gloria Daly stepped forward to complain about the high deposits that are required for water. She requested that the Commission take action on paying interest on these water deposits or to lower them. Commissioner Hirsch informed Mrs. Daly that the Commission plans to reexamine Ordinance N62 and at that time they will decide whether or not the City will establish interest on water deposits. The Commission then decided to have this discussion placed on the Regular Meeting agenda for October 10, 1978. 5. Candy Malvita representing Tony Solo stepped forward to request waiving of the moratorium for entertainment at Imperial Bowl . Commissioner Donly made a motion granting this request. The motion died for lack of a second. Ms. Malvita was informed that she would have to apply for a variance after the moratorium was over. 6. A representative from Nautical Sports, Inc. stepped forward to request per- mission to use a portion of Dania Beach, south of the pier for parachuters to land between high and low tide lines. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to deny this request by Nautical Sports , Inc. The motion passed unanimously. 7. First reading of the ordinance regarding the lease agreement with Atlantic Concessions was tabled by a motion from Commissioner Hirsch, seconded by Commissioner Cook until the next regular meeting of October 10, 1978. The motion passed unanimously. 8. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to postpone the item concerning the first reading of the ordinance on pornagraphy, due to the City Attorney having prepared three ordinances on this subject, and to give the Commissioners time to review them, and to have them advertised for the next regular meeting October 10th. The motion passed unanimously. Regular Meeting -3- September 26, 1978 . .. { ffAIM 9. City Attorney Adler read the title of the resolution providing for hours for the closing of the agenda, A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the resolution providing for hours for the closing of the agenda. The motion passed by all . A motion was then made by Commissioner Hirsch, seconded by Commissioner r. Donly to close the Regular meetings before 12:00 A.M. and to have this printed on each agenda ,unless these meetings are extended by the act of the Commission. The motion passed unanimously. ,J. 10. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant permission to submita letter to the Department of Community Affairs y; accepting the Local Comprehensive Planning Grant in the amount of $8,774. The motion passed by all . 11. City Clerk, Wanda Mullikin recommended that the City purchase the Xerox Copier machine,instead of leasing it per month,for a long term savings to r the City. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook <<< to accept the recommendation of the City Clerk and purchase the Xerox copier machine. The motion passed by all . 12. City Manager Marant discussed with the Commission Ordinance #62 conerning ,- precedures for billing water charges. After further discussion, the Commission set a workshop meeting for October 3rd. , 1978, 8:00 p.m. to receive recommendations for working out some of the problems in the present procedure for billing water and sewer. 13. Commissioner Cook informed the Commission that several Dania residents would like to appoint a Maintenance Committee for cleaning-up the City of Dania. After further discussion, A motion was made by Commissioner Donly, seconded by Commissioner Cook to instruct City Attorney Adler to prepare a resolution appointing a Maintenance Committee similar to the Committees already appoint- ed in the City of Dania. The motion passed unanimously. 14. City Manager Marant informed the Commission that he.would'like to meet with the City Engineers, Broome & Farina, about preparing a recommendation on sewer charges for the Westside. A motion was made by Commissioner Donly, seconded by Commissioner Cook to table this item until the next regular meeting of October loth. The motion passed by all . 15. City Clerk, Wanda Mullikin submitted an Election Manual to the Commission for their approval . A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to adopt the Election Manual submitted by City Clerk, Wanda Mullikin. Commissioner Hirsch withdrew his motion. A motion was then made by Commissioner Donly, seconded by Commissioner Cook to adopt this Election Manual and that it be available to all qualifying candidates as part of the filing fee, and that it be on sale to all who are interested in purchasing it at the cost of production. The motion passed unanimously. Commission Comments: City Attorney Adler informed the Commission that he will correct the error in the legal discription of the property that was sold .to Mr. John Bartley and prepare the amended resolution to be brought back to the Commission. Mayor Bertino requested rejection of the two southern alignments for the Airport Expressway that the Department of Transportation is putting in and that a resolution be prepared stipulating this to present at the public hearing October 4th by the Department of Transportation. Regular Meeting -4- September 26, 1978 M. 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 Hirsch, seconded by Commissioner Donly to adopt the resolution abolishing the Department of Transportation's two southern alignments which encompass loth street, Griffin Road and the Port Everglades area. The motion passed by all . City Manager Marant announced that he has hired an Administrative Assistant, Mr. Garnell Faulk and that he will start his employment October 9th, 1978. Commissioner Donly reminded the Commissioners to register for the Florida League of cities convention to be held at the Diplomat Hotel . City Manager Marant requested that there be staff meetings at least once a month. City Clerk, Wanda Mullikin inquired if all the Commissioners received their notices for the kick-off banquet at the Pier 66 for the space program that is going to be implemented into schools. Commissioner Cook inquired if there are grants to help fund clean-up for cities. City Manager Marant informed the Commission that he would check into this. Commissioner Adams made a motion, seconded by Commissioner Cook to adjourn this meeting. The motion passed by all . ` ayor-Comm ss oner City C`-` lei or Regular Meeting -5- September 26, 1978 AGENDA REGULAR MEETING DANIA CITY COMMISSION SEPTEMBER 26 , 1978 8 : 00 P. M. Invocation by Reverend Van Arsdale. Pledge of Allegiance . Roll Call. Approval of the minutes of the regular meeting of September 12 , and the special meeting of September 19 , 1978 . 1. Public Hearings : a) Second reading of ordinance adopting the 1978-79 Water Fund budget . (ordinance previously distributed) b) Second reading of ordinance adopting the 1978-79 Sewer Fund budget . (ordinance previously distributed) c) Second reading of ordinance approving the "M.L.S. Plat". (ordinance previously distributed) O d) Second reading of ordinance rezoning the N 300' of the Ell of the NW;6 of the NE'4 of the SE334 and the N3i of the NEk of the NE34 of the SE'T, of Section 34-50-42 from 0-S zoning classification to C-2 (commercial) . (ordinance previously distributed) O e ) Second reading of ordinance rezoning the NW36 of the SEA of the SE34 of Section 34-50-42 to C-2 (commercial) . (ordinance previously distributed) f) Second reading of ordinance annexing a portion of the A of ® the NA of the SW34 of the SA of Section 23-50-42 lying South of the Port Everglades railway less the S 259 ' thereof and a portion of the SW34 of Section 23-50-42 known as "Port Ever- glades Warehouses No. 3" and "Port Everglades Warehouses No. 411. EXHIBIT: Ordinance ® 2. Citizens ' comments. 3 . Request by Ken Hall to discuss the City of Dania'a Affirmative Action Plan and also request to have bathrooms installed at Modello Park. APPEARANCE : Ken Hall O 4 . Request by Gloria Daly to consider possible reduction on deposit fees and interest to be paid on deposits. APPEARANCE : Gloria Daly 5 . Request by Imperial Bowl to waive moratorium on entertainment. _® APPEARANCE: Tony Sodel 6. Request by Nautical Sports , Inc . , for permission to use a portion of Dania Beach south of the pier for parachuters to land between high and low tide lines . APPEARANCE: Didier J. Thepot O 7 . First reading of ordinance regarding lease agreement with Atlantic Concessions for the Dania Beach Grill. EXHIBIT: Ordinance forthcoming 8. First reading of ordinance on pornography and nude entertainment. e _ EXHIBIT: Ordinance forthcoming 9. Adoption of resolution providing for hours for the closing of the ag,,nda. EXHIBIT: Resolution 0 n� 10 . Request permission to submit letter to the Department of Community Affairs accepting; the Local Comprehensive Planning O Grant in the amount of r;8 , 774 . 1.1 . Recommendation by City Clerk on purchase of Xerox copier. EXHIBIT: Memo from City Clerk 12 . Discussion on ordinance amending Ordinance #62 (water ordinance) . ® (this item was tabled from the regular meeting of September 12 ) 13 . Discussion of Maintenance Committee. (this item was tabled from the regular meeting of September 12) 111 . Action on sewer charges on Westside. ® 15 . Adoption of Election Manual submitted by City Clerk. EXHIBIT: Memo and Election Manual- City Commission Agenda -2- September 26, 1978 4-