HomeMy WebLinkAboutNULL (565) ' a N,•-
MINUTES
REGULAR MEETING
=, DANIA CITY COMMISSION
SEPTEMBER 12, 1978
Invocation by Father O'Connor
Pledge of Allegiance
i''``' Roll Call :
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sys' Present:
4 Mayor:
John Bertino
isgs Vice Mayor: James Adams
Commissioners : Jean Cook
Robert Donly
ti z Howard Hirsch
q City Manager: John S. Lassiter Sr.
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City Attorney: Frank Adler
City Clerk:
Y Wanda Mullikin
Police Chief: Rudy Rigo
Building Official : Paul Maxwell
h
Zoning Consultant: Luther Sparkman
ter.
.; b Commissioner Cook, seconded by Commissioner Hirsch to
N�`W A motion was made Y
approve the minutes of the special meeting of August 21, workshop meeting of
p August 21, and regular meeting of August 22nd, 1978. The motion passed by
all .
Public Hearings:
(a) City Attorney Adler read the title of the ordinance clarifying Ordinance
No. 177 establishing new commercial district classifications to be known
as C-1, C-2, C-3, C-4 and I-G for second reading.
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 Donly
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) City Attorney Adler read the title of the ordinance adopting the Water Fund
Budget for the 1978-79 fiscal year for first 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 Donly to
adopt on first reading this ordinance adopting the 1978-79 4later Fund
Budget.
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- September 12, 1978
(c) City Attorney Adler read the title of the ordinance adopting the 1978-79
Sewer Fund Budget.
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 Donly, seconded by Commissioner Cook to
adopt on first reading the ordinance adopting the 1978-79 Sewer Fund Budget.
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) Mr. Bob McLaughlin of McLaughlin Engineering was present to request plat
approval for the ordinance to be known as "M.L.S. Plat".
City Attorney Adler read the title of the ordinance to conform to ordinance
No. 100 to be known as "M.L.S. plat" for first 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 Donly to
adopt on first reading the ordinance to conform to ordinance No. 100 to be
known as "M.L.S. plat" with a 10' utility easement on Federal Highway.
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) Annie Merita Simmons was present to request a variance for the property
located on the north side of Southwest Second Terrace, 127 feet west of
Phippen road, for a waiver of the platting ordinance to allow the con-
struction of a single family residence upon an unplatted lot in a
predominantely developed area.
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 Donly to
grant this variance to Annie Merita Simmons.
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) Annie Merita Simmons stepped forward for Earnest Reynolds to request a
variance for the property located on the Northwest corner of Phippen
Road and Southwest Second Terrace for a waiver of the platting ordinance
to allow the construction of a single family residence upon an unplatted
lot in a predominantely developed area.
Mayor Bertino declared the public hearing open, after hearing Mr. Chester
Byrd give his opinion that this variance should not be granted, unless
the petitioner is going to build on the land in the near future, Mayor
Bertino declared the public hearing closed. {.
A motion was made by Commissioner Donly, seconded by Commissioner Hirsch
to grant this variance to Earnest Reynolds.
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- September 12, 1978
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(g) Mr. Paul Goldstein of Ves Construction Company was present to represent
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Robert & Genevieve Hoopengardner for a variance request for the property
>; located at 111-113 Southeast Second Street to allow the construction of wF
a duplex on a lot of insufficient width. Mr. Goldstein also passed out 2
plat plans.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this request, the Mayor declared the public ry
hearing closed. =7
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
grant this variance request to Robert & Genevieve Hoopengardner. —
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The motion passed on the following roll. call vote:
Commissioner Adams-yes Commissioner Hirsch-yes w
Commissioner Cook-yes Mayor Bertino-yes si
s:
, Commissioner Donly-yes s.:+
(h) Attorney William Dawes representing Dania Jai Alai was present to request
rezoning of the North 300' of the E4 of the NV14 of the NE4 of the SE4 's
and the N- of the NE4 of the NE4 of the SE4 of Section 34-50-42 from lu
1 0-S zoning classification to C-2(commercial ).
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� Mayor Bertino then declared the public hearing open, after a question and
answer period, the Mayor declared the public hearing closed.
City Attorney Adler read the title of the ordinance for first reading
' rezoning the North 300' of the E4 of the NW4 of the NE4 of the SE4, and the W
' of the NE4 of the NE4 of the SE4 of the Section 34-50-42 from 0-S zoning
` to C-2 zoning classification (commercial) .
After further discussion, a motion was made by Commissioner Donly, seconded
by Commissioner Cook to adopt this ordinance on 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
(i ) Attorney William Dawes requested a variance for the property located at 301
East Beach Boulevard to permit structural trusses of 100 feet 3 inches
above 8 feet U.S.C. & G Datum in opposition to height limitation of 62
feet for Dania Jai Alai Fronton.
Mayor Bertino then declared the public hearing open, after hearing from
Robert Dubow who inquired into the limitation of signs being constructed,
the Mayor declared the public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
grant the variance to Dania Jai Alai Fronton to permit structural trusses
of 100 feet 3 inches above 8 feet U.S.C. & G Datum in opposition to height
limitation of 62 feet.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
(j) Attorney Norman Trip representing Alamo Rent-A-Car stepped forward to request
a Special Exception for the property located at 1150 North Federal Highway
to allow the use of an auto rental facility.
Mayor Bertino declared the public hearing open, after hearing several
Dania residents speak in favor and opposition, the Mayor declared the public
hearing closed.
Regular meeting -3- September 12, 1978
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After further discussion, a motion was made by Commissioner Donly, seconded
t„ by Commissioner Adams to grant the special exception to Alamo Rent-A-Car to
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allow the use of an auto rental facility at 1150 North Federal Highway.
The motion passed on the following roll call vote:
n Commissioner Adams-yes Commissioner Hirsch-no
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
.;; (k) Mr. George Koval was present to request a variance for the property located
,M at 617 N.W. 10th Street to allow the construction of a garage within 7.95
feet from the rear property line.
Mayor Bertino declared the public he4ring 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 Hirsch, seconded by Commissioner Cook to
x grant this variance to George Koval at 617 N.W. 10th Street. The motion
passed unanimously.
( Item m on (1 ) Attorney Clarke Walden and Arthur Frimet presented a site plan for development
s, of the Dania Golf Course.
is agenda)
Mayor Bertino then declared the public hearing open, after hearing several
,'. Dania residents speak in opposition, the Mayor declared the public hearing
closed.
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After further discussion of the site development plan, a motion was made by
Commissioner Donly, seconded by Mayor Bertino ,after passing the gavel ,to
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reject the site plan as presented by the petitioner.
The motion failed on the following roll call vote:
Commissioner Adams-no Commissioner Hirsch-no
Commissioner Cook-no Mayor Bertino-yes
Commissioner Donly-yes
A second motion was made by Commissioner Hirsch, seconded by Commissioner
Adams that a resolution be drawn approving this site plan with the following
stipulations: that all engineering surveys be submitted to the Commission,
all precautionary measures be taken to protect the buffer zones, all
precautions be taken to correct any water damage that might be done to any area,
drainage easement that would be necessary by the engineers, and that there
be two parking spaces per unit.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-no
Commissioner Donly-no
( Item 1 (m) City Attorney Adler read the title of the ordinance rezoning the NW4 of the SE',
on agenda) of the SE; of Section 34, Township 50 South, Range 42 East from existing
zoning classifications to C-2.
Attorney Clarke Walden stepped forward to give a presentation on this ordinance
r>. for first reading.
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 then made by Commissioner Adams, seconded by Commissioner Donly
to adopt on first reading this ordinance rezoning the NWT of the SEA of the
SE;; of Section 34, Township 50 South, Range 42 East from existing zoning
classifications to C-2.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Commissioner Hirsch-yes
Mayor Bertino-no
Regular meeting -4- September 12, 1978
V
2. Citizens ' Comments:
Kurt Ely stepped forward to remind the Commission and city employees of the
Chamber Breakfast at 8:00 A.M. Wednesday, September 13th at the New England
Oyster House that is being sponsored by Hollywood Federal .
3. Attorney R. Bootwell representing Mr. & Mrs. Roger Peck stepped forward to ask
relief of a previous owners water bill .
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
have the administration meet with the petitioner and come up with a settle-
ment that would be mutually agreeable to both parties. The motion passed
unanimously.
4. City Manager Lassiter recommended that the Commission accept the lease agreement
with Atlantic Concessions for the Dania Beach Grill.
A motion was made by Commissioner Donly, seconded by Commissioner Adams to
accept the recommendation of the City Manager and enter into a lease agree-
ment with Atlantic Concessions.
At this time, Attorney A.J. Ryan representing the present Beach Grill leasee,
stepped forward to question the legality of the lease complying with the
City Charter. He also stated that he felt his client's rights of confiden- '
tiallity were violated at the time the Commission decided to advertise for
proposals for the Dania Beach Grill . Mr. John Vollman stepped forward to
request that the Commission reconsider Dania Beach Grill , Inc. as the leasee
for the Dania Beach Grill .
After further discussion, Commissioner Donly withdrew his motion. A motion
was then made by Commissioner Donly, seconded by Commissioner Adams to accept
in concept the lease agreement with Atlantic Concessions as recommended by the
administration and instruct the City Attorney to prepare an ordinance bringing
the lease legally into line with the Charter requirements and for him to make
the necessary changes in the lease to be brought back before the Commission.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch- no
Commissioner Cook-no Mayor Bertino-yes
Commissioner Donly-yes
( Item 5. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
112 on vacate the alley between N.W. 6th Avenue and N.W. 7th Avenue.
agenda)
City Manager Lassiter requested that the motion be amended to state that the
property owners be responsible for all expenses.
Mr. Al Kropat 829 N.W. 6th Avenue stepped forward to explain that he is in the
process of building a garage in the back of his property and that he needs 7.5'
for his driveway. He also stated that he is waiting from an answer from FPL
on the removal of a utility pole.
After further discussion, a motion was made by Commissioner Donly, seconded by
Commissioner Cook to table this item until something can be worked out with the
property owners for Mr. Kropat to complete his garage. The motion passed by
all .
(Item 6. City Manager Lassiter read a written recommendation from Broome & Farina recommend-
`'5 on ing that James A. Porter Company be awarded the bid for Sewerage Improvements Pro-
agenda) ject n8838 at the cost of $404,000.00 with options to complete the bid amount if and
when additional Block Grant monies become available, during the course of construction.
A motion was made by Commissioner Donly, seconded by Commissioner Adams to award
the bid to James A. Porter Company for the Sewerage Improvements Project #8838.
The motion passed unanimously.
(Item 7. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
46 on appoint Judge James Walden to the Airport Liaison Committee. The motion passed
agenda) unanimously.
Regular Meeting -5- September 12, 1978
Item 8. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt
,;7 of the resolution thanking the Pagliarulo Brothers and John Bartley for their
agenda) donations of sod for the bocce courts at Frost Park. The motion passed by all .
( I�.em 9. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to
t,
un table the discussion of ordinance amending Ordinance H62 (water ordinance) until
r'# agenda) the next regular meeting. The motion passed by all .
( Item 10. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
r.11 on eliminate maps from newspaper notices on variances and special exceptions to
agenda) reduce the costs as requested in the memo received from the City Clerk. The
motion passed by all.
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(Item 11. After discussion, a motion was made Commissioner Hirsch, seconded by Commissioner
1/10 on Donly to table the recommendation from the City Manager on establishing a policy
agenda) for using the new city hall for political purposes. The motion passed by all .
m.
f, (Item 12. A motion was made by Commissioner Donly, seconded by Commissioner Cook to
`II on adopt the resolution designating Broward Community College, Criminal Justice
yr
Eck: agenda) Division to give Competitive Civil Service entrance exams for policemen. The
motion passed by all .
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h' 13. City Manager Lassiter recommended to appoint Stutsman Associates for the con-
sultants for the comprehensive planning in the newly annexed area.
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A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
appoint Stutsman Associates as the consultants for the Comprehensive Planning
in the newly annexed area for an additional charge of $5,000.00. The motion
passed unanimously.
14. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
grant a one step incentive pay increase for Firefighter Paramedics receiving
an Associate Degree in Paramedical Science. The motion passed by all .
15. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to
accept the resignation of City Manager Lassiter with a resolution expressing
appreciation for Mr. Lassiter's services. The motion passed by all .
16. A motion was made by Commissioner Donly, seconded by Commissioner Adams to
appoint Assistant City Manager, Dick Marant as City Manager.
Commissioner Hirsch amended the motion, seconded by Commissioner Cook to
hire Mr. Marant on six month probation period.
The amended motion failed on the following roll call vote:
Commissioner Adams-no Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-no
Commissioner Donly-no
Mayor Bertino then asked for a roll call on the first motion, which passed on
the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-no
Commissioner Cook-no Mayor Bertino-yes
Commissioner Donly-yes
The Commission decided to discuss Mr. Marant's salary at the Special Meeting
at 7:30 P.M. September 19th.
17. Commissioner Cook requested that the discussion of the Maintenance Committee be
tabled until the next regular meeting.
A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to table
p; this item until the next regular meeting. The motion passed by all .
Regular Meeting -6- September 12, 1978
18. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
approve the bills for the month of August. The motion passed by all .
Commission comments:
Commissioner Donly requested to make sure that the meeting that is scheduled for
September 19th be a Special Meeting.
A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to
adjourn this meeting. The motion passed by all .
Mayor- ommiss oner
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City Clerk-Au itor
Regular Meeting -7- September 12, 1978
AGENDA
REGULAR MEETING
DANIA CITY COMMISSION®
SEPTEMBER 12, 1978
8:00 P.M.
Invocation by Father O'Connor.
Pledge of Allegiance.
Roll Call :
Approval of the minutes of the special meeting of August 21, the workshop
0 meeting of August 21, and the regular meeting of August 22, 1978.
1. Public Hearings:
a) Second reading of ordinance establishing new commercial district
classifications to be known as C-1, C-2, C-3, C-4, and I-G.
0 EXHIBIT: Ordinance
b) First reading of ordinance adopting the annual Water Fund Budget
for the fiscal year 1978-79.
EXHIBIT: Ordinance
0 c) First reading of ordinance adopting the annual Sewer Fund Budget
for fiscal year 1978-79.
EXHIBIT: Ordinance
d) Request for plat approval by McLaughlin Engineering Company to
conform to Ordinance No. 100, to be known as "M.L.S. Plat". Subject
0 property is located at 2600 North Federal Highway. The Zoning Board at
their meeting of September 5, 1978, recommended approval with the addition
of a 10' utility easement on Federal Highway.
e) Variance request by Annie Merita Simmons for the property located
on the north side of Southwest Second Terrace, 127 feet west of Phippen
0 Road, for a waiver of the platting ordinance to allow the construction of
a single family residence upon an unplatted lot in a predominantely
developed area. Subject property is zoned RS-6000 (single family). The
Zoning Board recommended to approve this variance.
f) Variance request by Earnest Reynolds for the property located on
0 the Northwest corner of Phippen Road and Southwest Second Terrace for a
waiver of the platting ordinance to allow the construction of a single
family residence upon an unplatted lot in a predominantely developed
area . Subject property is zoned RS-6000. The Zoning Board recommended
to approve this variance.
0 g) Variance request by Robert & Genevieve Hoopengardner for the
property located at 111-113 Southeast Second Street to allow the con-
struction of a duplex on a lot of insufficient width. Subject property
is zoned RD-6000 (duplex). The Zoning Board recommended to approve this
variance.
0 h) First reading of ordinance rezoning the North 300' of the Eh of the
NW; of the NE, of the SE;, and the NZ of the NE; of the NE; of the SE; of
Section 34, Township 50 South, Range 42 East from 0-S zoning classification
to C-2 (commercial ) . Property generally located on Northeast Second Street
east of Fronton Boulevard. The Zoning Board approved with the recommendation
that Dania Jai Alai work in conjunction with the City forester in establishing
0 specifications of types of plantings , trunk diameters and heights of species.
i ) Variance request by Dania Jai Alai Palace for the property located
at 301 East Beach Boulevard to permit structural trusses of 100 feet 3 inches
above 8 feet U.S.C. & G. Datum in opposition to height limitation of 62 feet.
The Zoning Board recommended to approve this variance.
j) Special exception is requested by Alamo Rent-A-Car for the property
located at 1150 North Federal Highway to allow the use of an auto rental
facility. Subject property is zoned C-2 and I-G (industrial). The Zoning
Board approved with the stipulations that all repairs and washing be done in
an enclosed area, no storage of cars other than those of Alamo Rent-A-Car or
0 employees on the site, no reduction of existin landscaping, no pa king of
vehicles on unpaved areas except for the area gbehind the front wall of the building.
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k) Variance request by George Koval for the property located at 617
k; N.W. loth Street to allow the construction of a garage within 7.95 feet from
the rear property line. Subject property is zoned RS-6000 which requires
a 15 foot rear yard setback. The Zoning Board recommended to approve this
variance.
1 ) First reading of ordinance rezoning the NWis of the SE, of the SEU '
of Section 34, Township 50 South, Range 42 East from existing zoning clas-
s. . ® sifications to C-2. Property generally located at 402 East Dania Beach
Boulevard also known as Dania Golf Course. The Zoning Board recommended
to approve this ordinance.
m) Presentation of site development plan- Golf Course development.
ti Requested by petitioner, Anthony Drakas.
2. Citizens' Comments.
a 3. Request for relief of previous owner's water bill . .
m APPEARANCE: Mr. R. Bootwell , Attorney
11 e
4. Recommendation by City Manager on acceptance of lease agreement with Atlantic
s.,
Concessions on Beach Grill property.
5. Recommendation by City Manager and City Engineers on bids received for Sewer
Project #8838.
x° APPEARANCE: City Engineer
.zits
6. Adoption of resolution appointing Judge James Walden to the Airport Liaison
t?s1 Committee.
EXHIBIT: Resolution forthcoming.
7. Adoption of resolution thanking Pagliarulo Brothers and John Bartley for
0 donating sod for the bocce courts at Frost Park.
EXHIBIT: Resolution forthcoming
8. Discussion on ordinance amending Ordinance #62 (water ordinance).
9. Request Commission approval to eliminate maps from newspaper notices on
0 variances and special exceptions to reduce cost.
EXHIBIT: Memo
10. Recommendation by City Manager on establishing policy for using new City Hall
for political purposes.
0 11. Resolution designating Broward Community College, Criminal Justice Division to
give Competitive Civil Service entrance exams for Policemen in accordance with
Ordinance #186.
EXHIBIT: Resolution forthcoming.
12. Discussion on vacating alley between N.W. 6th Avenue and N.W. 7th Avenue, one
block south of N.W. 10th Street.
13. Recommendation from City Manager on appointing consultant for comprehensive
planning in newly annexed area.
14. Recommendation from City Manager to allow a one step incentive pay increase for
Firefighter Paramedics receiving an Associate Degree in Paramedical Science.
EXHIBIT: Recommendation attached
15. Action on resignation of City Manager, John S. Lassiter.
16. Appointment of City Manager to take Mr. Lassiter's place.
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17. Discussion of Maintenance Committee.
Requested by Commissioner Cook.
18. Approval of bills for the month of August.
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Regular Commission Agenda -2- September 12, 1978
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