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HomeMy WebLinkAbout30581 - MINUTES - City CommissionRON MINUTES REGULAR MEETING DANIA CITY COMMISSION MAY 9, 1978 Invocation by Reverend Paul Faircloth of the First Baptist Church of Dania Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: James .Adams Commissioners: Jean Cook Robert Donly . Howard Hirsch City Manager: John S. Lassiter, Sr. City Attorney: Frank Adler 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 Donly to approve the minutes from the regular meeting of April 25th & the special meetings of April 28th & May 4th and the workshop meeting of May 4th. The motion passed unanimously. Public Hearings: ( Item 1. Attorney A.J. Ryan representing Geraldine and Ernest Jones was present to re- H6 on quest a variance for the property located at 221 N.W. 4th Avenue to allow a agenda) duplex to be built on a lot with insufficient width and square footage. Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition, the Mayor then declared the public hearing closed. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the request for a variance for the property located at 221 N.W. 4th 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 ( Item 2. Mr. A.J. Ryan informed the Commission that the petitioners for the Hitching Post i� on Mobile Home Park wished to withdraw their request for a variance to allow the agenda) parking of automobiles owned by the tenants of the Hitching Post Mobile Home park on this vacant lot at 29 S.E. loth Terrace. (Item 3. Mr. Carl Zenobia stepped forward to appeal to the Commission on the drainage pro- 1#13 on blem in the Southeast section. agenda) Mr. John Farina was present to give an up-to-date review on what is being done to solve this drainage problem by constructing drain wells. Mr. William Semmel also stepped forward to express to the Commission the problems that have been created due to the lack of proper drainage. The Commission then decided to instruct City Manager Lassiter and the City Engineers to investigate the options there are in solving this drainage problem and what the cost would be so the Commission could be more informed to make a decision. to (ltem on 4 to Attorney vacateWilliam easementDawes forrepresenting propertySaturday betweenorporatio was NPE. 3rdn Avenueeandt request 2nd. Street. s; -nda) Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition of this request, the Mayor then declared the public hearing closed. Regular Meeting -1- May 9, 1978 ` City Attorney Adler read the title of the resolution to vacate an easement by Saturday Corporation. A motion was then made by Commissioner Cook, seconded by Commissioner Donly to adopt the resolution vacating an easement by Saturday Corporation for the property located between N.E. 3rd. Avenue and 2nd. Street. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes ( Item 5. Mr. William Keith was present to request plat approval to conform to Ordinance 2 on No. 100, to be known as "Griffin Commercial Plat". agenda) City Attorney Adler read the title of the, ordinance approving the plat of "Griffin Commercial Plat". Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition of this plat approval , the Mayor then declared the public hearing closed. A motion was then made by Commissioner Donly, seconded by Commissioner Cook to approve on first reading the Ordinance approving the plat of "Griffin Commercial 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 ( Item 6. Mr. Paul Goldstein representing Ves Carpenter Contractors, Inc. stepped forward i3 on to request a variance to allow a duplex to be constructed on a lot with a 50' agenda) frontage instead of the required 60' frontage. Mr. Goldstein also submitted a petition that had been signed by several residents in the area approving of the request for a variance. Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition, the Mayor then declared the public hearing closed. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant the request for a variance to allow a duplex to be constructed on a lot with a 50' frontage instead of the required 60' frontage. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes ( Item 7. Mr. Mark Purdy representing Mr. & Mrs. Edward Wong of the Pagoda Restaurant was ri4 on present to request a variance to allow the consumption of beer and wine on the agenda) premises of 238 S. federal Highway. Mayor Bertino then declared the public hearing open, after hearing several Dania residents speak in opposition of this variance request, the Mayor then declared the public hearing closed. A motion was then made by Commissioner Hirsch, seconded by Commissioner Adams to deny the request for a variance by the Pagoda Restaurant. The motion passed on the following roll call vote: €, Commissioner Adams-yes Commissioner Hirsch-yes r. � Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes -( Item 8. Mrs. Gloria Madden stepped forward to request a variance to allow an addition in 5 on order to enlarge their living room and bedroom areas; the proposed addition being ` ,enda) 5' from the side property line. Rt. ;z Regular Meeting -2- May 9, 1978 Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition of this request, the Mayor then declared the public hearing closed. A motion was then made by Commissioner Donly, seconded by Commissioner Hirsch to grant the variance request for the property located at 225 S.W. 4th Street. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes ( Item 9. Mr. Johnny P. Davis stepped forward to request a variance to allow a non-conforming #8 on use that has expired to be permitted at 402 Phippen Road. Mr. Davis stated that agenda) he would like to sell packaged beer and wine in his small grocery store. Mayor Bertino then declared the public hearing open, after hearing several Dania residents in this area speak in opposition of this•request, the Mayor then declared the public hearing closed. A motion was then made by Commissioner Donly, seconded by Commissioner Hirsch to deny the request for a variance by Johnny P. Davis for the property located at 402 Phippen Road. The motion passed on the following roll call vote: Commissioner Adams-no Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes Item 10. Mr. Wilbert James was present to request a variance to allow the consumption of i9 on beer and wine at 104 N.N. 5th Avenue. Benda) Mayor Bertino then declared the public hearing open, after hearing a Dania resident speak in favor of this request, the Mayor then declared the public hearing closed. A motion was then made by Commissioner Hirsch, seconded by Commissioner Adams to grant the request for a variance to allow the consumption of beer and wine at 104 N.W. 5th Avenue. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-no Mayor Bertino-yes Commissioner Donly-yes (Item 11. Mr. John Bartley was present to request a variance for the property located on ;110 on the Northwest corner of N.E. 2nd. Street and N.E. 7th Avenue to allow the con- agenda) struction of two single family residences on lots of insufficient width and square footage; and to waive the required platting procedure. Mayor Bertino then declared the public hearing open, hearing no one speak in favor or opposition of this request, the Mayor then declared the public hearing closed. A motion was then made by Commissioner Adams, seconded by Commissioner Donly to grant the RS-6000 variance, to waive the platting procedure, and to include a,, floating slab. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes 12. Citizen's Comments: Veta Peterman stepped forward to complain about the conditions at Westside Park and urged that the Commission, Police Chief, and City Manager work towards correct- ing this problem. Harry Litke requested that an Ordinance be prepared similar to an Ordinance that Regular Meeting -3- May 9, 1978 was passed in the City,of Mirimar prohibiting dogs and cats from defecating on private property and also for prohibiting them from running loose. Ile also brought up the subject of trucks being parked in residential areas. Commissioner Donly informed Mr. Litke that he had requested a copy of the ordi- nance concerning dogs from the City of Mirimar. City Attorney Adler informed the Commission that he has contacted other cities for copies of ordinances on trucks being parked in residential areas. ( Item 13. Mr. Tom Holloway representing Southern Bell Telephone was present to submit r12 on the new Dimension 400 Contract and explain an increase of $320.00 due to agenda) a transposition mistake made in the original quote. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to sign the new Dimension 400 Contract with Southern Bell Telephone Company. The motion passed unanimously. 14. Luther Sparkman stepped forward to recommend the Commission accept the land from Broward County located in the subdivision of Town of Dania Lot 19, Block 9. A motion was then made by Commissioner Donly, seconded by Commissioner Cook to request that the County turn over to the City Lot 19, Block 9 of Town of Dania and that the City does not accept the 10x90 parcel on S.E. 13th Street. The motion passed unanimously. 15. City Manager Lassiter recommended that the property located on N.E. 2nd Street be declared surplus and advertised for sale, with the restriction that who ever buys the land must build a 10' sound proof fence around the area where the lift station is located. A motion was made by Commissioner Donly, seconded by Commissioner Cook to instruct City Manager Lassiter to proceed with the requirements for declaring this property surplus. The motion passed with Commissioner Hirsch voting no. Commissioner Hirsch asked that the motion be amended to selling the property and that the proceeds be put into the Sewer Fund where they originated. The amend- ment died for lack of a second. 16. Assistant City Manager Marant informed the Commission that he had been contacted by BETA informing him that there will be another contract sent to the City to enter into the Summer Youth Program. He requested that the Commission approve the concept that they are interested in entering into the Summer Youth Program and give authorization for City Manager Lassiter to sign the new contract. A motion was made by Commissioner Donly, seconded by Commissioner Cook to authorize City Manager Lassiter to sign the new contract from BETA for entering into the Sumner Youth Program. The motion passed with Commissioner Hirsch voting no. 17. City Manager Lassiter requested the Commission authorize him to contact Mr. Walter J. Browne with the Federation of Public Employees informing him of the City's representative for negotiating a Collective Bargaining Agreement. A motion was made by Commissioner Donly, seconded by Commissioner Cook to instruct City Manager Lassiter to contact Walter J. Browne, Business Representative of the Federation of Public Employees informing him that (1) The Commission has received his letter of April 27th (2) The City's negotiators for this contract will be International Negotiators, Inc. The motion passed unanimously. 18. Assistant City Manager Marant informed the Commission that he had received a letter from Samuel Morrison of the Broward County Library Division requesting the City of Dania approve the changes that have been made in the library lease agreement. Mr. Marant recommended that the City send the original agreement back to the county for them to sign, and to reject the changes he mentioned. A motion was then made by Commissioner Donly, seconded by Commissioner Cook to submit the original contract to the County for their acceptance or rejection. The motion passed unanimously. 19. City Manager Lassiter informed the Commission that the State Road Department has agreed to lower the street lights to 40' from ground level for the area along Sheridan Street to Dania Beach Boulevard on U.S. N1. He also stated that he has spoken with Mr. Austin who requested a resolution be passed signing the lighting agreement. Mr. Lassiter then recommended that the City Attorney add Regular Meeting -4- May 9, 1978 to the agreement that the street lights not be higher than 40' ground level or the agreement would be null and void. City Attorney Adler informed the Commission that this agreement will be the same as has been circulated, only with the stipulation of the lights not exceeding 40' ground level . He also stated that the D.O.T. has sent a form resolution and that he will make it comply with the way the City prepares their resolutions. A motion was then made by Commissioner Donly, seconded by Commissioner Hirsch to adopt the resolution approving the joint project agreement for street lights from Sheridan Street to Dania Beach Boulevard on U.S. H1 with the stipulation that the lights not exceed 40' ground level . The motion passed unanimously. 20. Mayor Bertino informed the Commission that he had received a letter from the Area Agency on Aging requesting a contribution for 1979. He also stated that he would like to have them recalculate the figure they mentioned based on the population used by Federal Revenue Sharing for the City of Dania's fair share. A motion was then made by Commissioner Hirsch, seconded by Commissioner Cook to table this item until the next regular meeting and for Mayor Bertino to contact the Area Agency on Aging and ask that they recalculate the figure for 1979.The motion Passed unanimously. 21. Commissioner Cook informed the Commission that she prepared a proposal of projects that could be funded by a Tourist Development Tax by the Tourist Development Council . She also stated that the charging of this tax would be brought to the people in the form of a referendum, and that the City of Dania should prepare a resolution of these proposals to be submitted to the Tourist Development Council . Commissioner Cook then added that she would like a Tournament Fishing Arena and an Outdoor Marine Stadium to be added in the resolution. After further discussion a motion was made by Commissioner Donly, seconded by Commissioner Adams to accept the package proposed by Commissioner Cook with the additions of an Outdoor Marine Stadium at Houston Park, a Tournament Fishing Arena, and a new Civic and Convention Center to be added in the resolution as Dania's submission for funding for the Tourist Development Council . The motion passed unanimously. 22. Mayor Bertino informed the Commission that there is going to be a Regional Confer- ence held in Atlanta. He also added that he would not be able to attend this conference and asked if any of the other Commissioners would like to attend. Commissioner Cook stated that she would be interested in attending due to the conference having alot to do with small cities and women in government. A motion was then made by Commissioner Donly, seconded by Commissioner Hirsch to authorize Commissioner Cook to attend the 1978 Regional Conference in Atlanta. The motion passed unanimously. 23. Mayor Bertino read two proclamations declaring May 11, 1978 as "Israeli Independence Day" and May 14th to 20th as "National Architectural Barrier Awareness Week". 24. City Manager Lassiter gave an up-to-date review of what has been done to try and get signs on I-95 acknowleding the City of Dania. Commissioner Hirsch reported that he had the opportunity to speak with Mr. Bruce Smathers, Secretary of State concerning this matter,:and that he was told by Mr. Smathers that he would write a letter to Mr. Tom Webb of the Department of Transportation requesting signs on I-95 for Dania. The Commission decided to wait for a response from Mr. Smathers and for this item to be discussed at a later date. 25. A motion was made by Commissioner Cook, seconded by Commissioner Donly to approve the bills for the month of April . The motion passed unanimously. Comments: Commissioner Donly requested that there be no-smoking signs placed in the Commission Chambers, and inquired into the progress that has been done on Flouridating the City's water. Regular Meeting -5- May 9, 1978 F a City Manager Lassiter informed the Commission that he had received a letter from Broome & Farina informing him that they had resubmitted plans for the flouridation and that they expected to receive confirmation on them in a few days. He also reported that the City has advertised for bids for equip- ment. Commissioner Cook brought up the question of when the streets of Dania are going to be repaired. Mayor Bertino informed her that the City Engineers were still working on the plans and specifications. City Attorney Adler informed the Commission that the resolution appointing the Community Block Grant Committee has some deletions in names. He then submitted the following names to be added as the Committee. Kurt Ely, Alphonso Taylor, Rosa Dean, Ervean Hampton, Murry Goodman, Cheryl Peterman dnd Howard Blackmon. A motion was then made by Commissioner Hirsch, seconded by Commissioner Cook approving the resolution appointing those on the Community Block Grant Committee. The motion passed unanimously. City Attorney Adler reported that he has prepared two ordinances concerning a lease proposal with Saturday Corporation for the Ocean Protein Building and ordinance designating C-1, C-2, C-3, C-4 and I-G zones. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adjourn this meeting. The motion passed unanimously. 211, Mayor-Commissioner p c City Clerk-Auditor Regular Meeting -6- May 9, 1978 I �?" '79iciph2a� ��k,.S4`!i« ;'" L' �.v AGENDAME ma 's REGULAR MEETING =; DANIA CITY COXIMISSION MAY 9, 1978 8:00 PM r r •' ` Invocation by Reverend Van Arsdale of the Dania Heights Baptist Church. Pledge of Allegiance. I; oII Ca II . se a3 Approval of the minutes from the regular meeting of April 25th 8 the special meetings c April 28th 8® May 4th and the workshop meeting of a; May nth. PUBLIC HEARINGS I . Request is made to vacate an easement by Saturday Corp. for the property Cf�! between N.E. 3rd Avenue and 2nd Street. At the Zoning Board's meeting of xrT May 2nd, the Board recommended to the Commission that this request by approved. ® 2. Request for plat approval by William Keith, to conform to Ordinance No. 100, .'- to be known as "Griffin Commercial Plat". Subject property Is located onn Griffin Road west of Ninth Avenue. The Zoning Board at their meeting of May 2nd recommended that the Commission approve Y this request. 3. Request for a variance to allow a duplex to be constructed on a lot with a ak: 50' frontage instead of the required 60' frontage. Subject property being 9 q 9 j P P Y 9 in a RD-6000 (duplex) zone. Petitioner is Ves Carpenter Contractors, Inc. Subject property located at 46 S.E. 14th Street. The Zoning Board at their meeting of May 2nd recommeded that the Commission approve this request. 4. Variance Request by Edward Wong of Pagoda Restaurant to allow the consumption of beer and wine on the premises of 238 S. Federal Highway. Subject property is within 1 ,000' of a school and church and is zoned C-2. The Zoning Board at their meeting of May 2nd recommended that the Commission deny this request. 5. Variance request by James and Gloria Madden to allow an addition In order to enlarge their living room and bedroom areas; the proposed addition being 5' from the side property line. Subject property Is located in a RD-6000 (duplex) zoning classification which requires a 7' sideyard setback. Subject property is located at 225 S.W. 4th St. The Zoning Board at their meeting of May 2nd recommended that the Commission approve this request. 6. Variance request to allow a duplex to be built on a lot with insufficient width and square footage. Subject property is located at 221 N.W. 4th Avenue and located in a RD-6000 (duplex) zone. The Zoning Board at their meeting of May 2nd recommended that the Commission approve this request. 7. Variance request by Hitching Post Mobile Home Park to allow the parking eof automobiles owned by the tenants of Hitching Post Mobile Home Park on this vacant lot at 29 S.E. IOth Terrace. The Zoning Board at their meeting of May 2nd recommended that the Commission deny this request. 8. Variance request by Johnny P. Davis 8 Mary B. Smith to allow a non-conforming use that has expired to be permitted at 402 Phippen Road. The variance is r to allow a small grocery store with the sale of packaged beer and wine. in a RS-6000 (single family residential) zone. The Zoning Board at their meeting of May 2nd recommended that the Commission approve this request. 9. Variance request by Wilbert James to allow the consumption of beer and wine at 104 N.W. 5th Avenue, which is located within 1 ,000' of a church and is presently zoned C-2 (commercial ). The Zoning Board at their meeting of May 2nd recommended that the Commission approve this request. 10. Variance request by John Bartley to allow the construction of two single family residences on lots of insufficient width and square footage; and to waive the required platting procedure. Subject property is generally I' located on the Northwest corner of N.E. 2nd Street and N.E. 7th Avenue (Gulfstream Rd) and is zoned RS-8000 (single family residential ). a S II . Citizen's Comments. 12. Revised Dimension 400 Contract with Southern Bell Telephone. APPEARANCE: Representative from Southern Bell . ie O 13. Discussion of Southeast drainage problem. APPEARANCE: Carl Zenobla. s W: 14. Acceptance of land from Broward County on N.W. Ist Street 8 S.E. 13th Street. EXHIBIT: a) Copy of letter from R.E. Conner, Director of Property ® Division of Broward County previously distributed 5/2/78. b) Recommendation by Luther Sparkman, Zoning Consultant. 15. Discussion and possibility of declaring lot on N.E. 2nd Street surplus property and advertising for sale. ® 16. Approval of Summer Youth Employment Program. EXHIBIT: Letter from Eugene Harrison, SYEP Director. ;- 17. Acknowledgement of letter from Walter J. Browne, Business Representative of the Federation of Public Employees. EXHIBIT: Letter previously distributed 4/28/78. z: • 18. Approval of the revised Library lease agreement. EXHIBIT: Letter from Samuel F. Morrison, Assistant Director, Broward i County Libraries Division previously distributed 4/21/78. 19. Request authorization to sign lighting agreement with the State D.O.T. ® for street lights from Sheridan Street to Dania Beach Boulevard on U.S. I. EXHIBIT: (a) letter and agreement from D.O.T. (b) letter from City Engineer Farina. 20. Request authorization for contribution to Area Agency on Aging. EXHIBIT: Letter to Mayor from Nan Hutchinson, Director. ® 21 . Discussion and possible action on Tourist Development Council and referendum. Commissioner Cook. 22. Discussion of 1978 Atlanta Regional Conference. O 23. Proclamation. Mayor Bertino. 24. Interstate 95 sign status. EXHIBIT: Memorandum #621 25. Approval of bills for the month of April . O O O City Commission Agenda -2- May 9, 1978 0