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HomeMy WebLinkAbout30605 - MINUTES - City Commission P� MINUTES REGULAR MEETING DANIA CITY COMMISSION JANUARY 10, 1978 Invocation by Asst. City Manager, Dick Marant 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 City Attorney: Frank Adler City Clerk: Wanda Mullikin Police Chief: Rudy Rigo Zoning Consultant: Luther Sparkman Absent: Building Official : Paul Maxwell City Attorney Adler reported to the Commission that he had received a check for $18,385.03 from Mark Zenobia for payment on the Special Assess- ment lien on Townhouse East. 1. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to approve the minutes of the workshop meeting of January 3rd and the regular meeting of December 27th. The motion carried unanimously. 2. Robin Skelly was present to request to speak to the Commission, re: donation for advertising; Dania Antique Dealers Association. Ms. Skelly requested from the Commission a donation of $3000 to help subsidize the advertising that the Dania Antique Dealers Association has already started. City Attorney Adler suggested that he check on proper expenditure of Public Funds. He added that he would give a written opinion on whether or not the Commission has the authority to spend Public Funds to advertise local businesses. A motion was made by Commissioner Donly, seconded by Commissioner Adams to table this item until the next regular Commission meeting. The motion carried with Commissioner Hirsch voting no. 3. General Contractor, Thomas M. Eastwood was present to represent Andrew Greenman and Bernard Shreft who own one acre of land situated in the Southeast corner of Stirling Road and I-95, for the extensiol of a waterline on Stirling Road. City Manager Lassiter expressed his concern for the future water needs of the City of Dania. He explained that the City is striving at this time to develop some industrial property in the Northeast section of Dania that will need alot of water, and that it will be another five years before the City can make another application for ground water to be taken. He felt to serve people with water who live outside the City of Dania would not be of any benefit to the City. Mr. Eastwood suggested that he research the amount of water that would be needed for this office building and that he speak with City Manager Lassiter and with Mr. Allen. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to table this item. The motion was carried unanimously. 4. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to close bidding and open the bids for Parking meters. The motion was carried unanimously. Regular Meeting -1- January 10, 1978 [K[i fZ City Manager Lassiter opened one bid from POM Incorporated which listed several proposals. A motion was made by Commissioner Donly, seconded by Commissioner Cook to turn the bid over to City Manager Lassiter for tabulation and recommendation. The motion was carried unanimously. Commissioner Hirsch suggested that copies of bids be given to each of the Commissioners to look over by the next meeting. 5. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to close the bidding and open bids for four (4) basketball backboards. The motion carried unanimously. City Manager Lassiter read the following bids: Frank A. Morrison, Miami Shores, Florida $365 each U.S. Games Inc. , Melbourne, Florida $507.58 each American Playground Device Co. , Winter Park, Florida $316.90 each A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to turn the bids over to City Manager Lassiter for tabulation and recommendation for the next regular meeting. The motion carried unanimously. Public Hearings: 6. (a) City Attorney Adler read the title of an ordinance amending Sanitary Sewer Ordinance No. 63, providing for a commercial cap on rates. Mayor Bertino then declared the Public Hearing open, hearing no one in favor or opposition of the Ordinance, the Mayor then declared the Public Hearing closed. A motion was made by commissioner Hirsch, seconded by Commissioner Donly to approve on first reading an ordinance amending Sanitary Sewer Ordinance No. 63, providing for a commercial cap on rates. The motion was 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 an ordinance amending Article 4 of Ordinance 100 concerning location of businesses selling alcoholic beverages in relation to churches and schools. He also explained that this ordinance was adopted at the last Regular Commission Meeting as an emergency measure and that it has been advertised in the regular pro- cedure. Mayor Bertino then declared the Public Hearing open, hearing no one in favor or opposition of the Ordinance, the Mayor then declared the Public Hearing closed. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve this ordinance amending Article 4 of Ordinance 100 concerning the location of businesses selling alcoholic beverages in relation to churches and schools. The motion was passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Bertino-yes Commissioner Donly-yes (c) Mayor Bertino informed the Commission that the Planning and Zoning Board recommended a special exception use to allow an outdoor recreational adult skill driving course on property zoned I-G by Malibu Grand Prix with the stipulation (1) that the special exception use not excede 5 acres of that portion of parcel 7 & 4 of Tigertail Grove resubdivision as Regular Meeting -2- January 10, 1978 presented on the proposed site plan, (2) that landscaping meet the maximum extent of the ordinance, (3) that all major auto repairs be conducted in an enclosed building. Micheal Hall , representing Malibu Grand Prix was present to submit to the Commission a site plan that was prepared for the post tract layout. He also answered questions and gave a summary concerning the background of the adult skill driving course. Mayor Bertino then declared the Public Hearing open, hearing no one in favor or opposition of the special exception, the mayor then declared the Public Hearing closed. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the special exception to Malibu Grand Prix for an adult skill driving course with the stipulations set forth by the Planning and Zoning Board. The motion carried unanimously. Mayor Bertino then requested that the following stipulations be put in the special exception; that there be no adult movie machines and that this special exception be valid only for Malibu Grand Prix Co. A motion was made by Commissioner Donly, seconded by Commissioner Cook to amend the motion to include the two conditions of no adult movies and the transfer of the special exception. The motion was passed on the following roll call vote: Commissioner Adams-yes Commissioner Hirsch-no Commissioner Cook-yes Mayor Bertino-no s Commissioner Donly-yes F (d) Mayor Bertino stated that he had received a letter dated January 6th from Wilson C. Atkinson III that informed the Commission that he would be unable to attend this meeting, but would like his letter.read at this meeting to continue this matter for the next regular Commission meeting dated January 24th, and also to have his letter read and acted upon to eliminate the necessity for readvertisment for a variance to allow two triplexes to be constructed on lots of insufficient width and area in a R-M zone. Mayor Bertino then declared the Public Hearing open, hearing no one in favor or opposition of this variance, the mayor then declared the Public Hearing closed. A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this item until the next regular Commission Meeting dated January 24th, 1978, at 8:00 PM. The motion was carried unanimously. (e) George Shahood was present to represent Lemon Rent-A-Car to allow an auto rental facility to be operated from the premises of 1000 North Federal Highway. Mayor Bertino then declared the Public Hearing open, a Dania Citizen then stepped forward to inquire about the disbursement of tires in back of the property in question. The mayor then closed the Public Hearing. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant the special exception with the recommendation of the Zoning Board that all cars be stored on paved parking area and that no cars be parked in f ..ont of the building. The motion carried unanimously. (f) John E. Banks was present to represent Shamrock Auto Rentals, Inc. for a special exception use to allow an auto rental facility to be operated from the premises of 1781 North Federal Highway. Mayor Bertino then declared the Public Hearing open, hearing no one in favor or opposition of the special exception, the mayor then declared the Public S. Hearing closed. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to grant the special exception with the recommendation of the Zoning Board to improve the landscaping to replace the dead olive trees. The motion was carried unan- imously. Regular Meeting -3- January 10, 1978 7. Commissioner Donly suggested that in hiring a legal advisor for the Police Department that this advisor be under the jurisdiction of the City Commission. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to have the legal advisor serve under the jurisdiction of the City Commission. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to set a workshop to establish the qualifications of a legal advisor and for City Manager Lassiter, City Attorney Adler, and Police Chief Rigo to attend this meeting, and at that time City Manager Lassiter would have applications on hand to look over. City Manager Lassiter suggested that it would be easier to run an ad in the paper that the City will receive applications for a legal advisor up to a certain date, and then to set a date for interviewing the applicants. Commissioner Hirsch restated his motion, seconded by Commissioner Donly to have City Attorney Adler submit qualifications to City Manager Lassiter and then run an ad in the paper to receive applications for legal advisor. The motion was carried unanimously. 8. City Attorney Adler informed the commission that confiscated items that are held for a period of six months can be disposed of by the city. Police Chief Rigo recommended to get these confiscated items out for auction as soon as possible and that he would prepare a list of all the items. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to instruct City Manager Lassiter, City Attorney Adler, and Police Chief Rigo to get together and set up a sale on confiscated items. The motion was carried unanimously. 9. Assistant City Manager Marant was present to report on the conditions of the bathroom facilities and electrical system on Dania Beach. He also stated that it would cost between $3500 to $4000 to repair. Mayor Bertino informed the Commission that there is also a need for clay for baseball diamonds. A motion was made by Commissioner Donly, seconded by Commissioner Cook to authorize City Manager Lassiter to put up to $5000 in proper line items to do the work on the beach and the purchasing of clay. The motion was passed unanimously. 10. Mayor Bertino informed the Commission that there is money available to panel and carpet the executive offices of the new city hall , but that there has to be a determination made so that Assistant City Manager Marant can inform Mr. Gross on exactly what has to be done. A motion was made by Commissioner Donly, seconded by Commissioner Adams to spend the money from the contingency fund to panel and carpet the execu- tive offices of the new city hall . The motion was carried with Commissioner Hirsch voting no. Commission Comments Commissioner Donly informed the Commission that the January League of Cities Dinner has been changed to Thursday, January 26th at Valle's restaurant, and that 17 of the 23 members of the Broward Legislative Delegation has confirmed that they will be there. Commissioner Cook inquired as to the progress on an ordinance for parking trucks in a residential area. City Attorney Adler stated that he was in the process of getting the ordinance from various cities to compare to try to come up with an ordinance that would suit the City of Dania for trucks being parked in residential areas. Commissioner Cook spoke to a Mr. Burgess about his tenant selling railroad ties on the property located at 1st court and Stirling Road. Mr. Burgess is in complete agreement with the Commission that his tenant should not be selling these railroad ties without a license. Assistant City Manager Marant reported that this man has been asked to cease selling the railroad ties several times. He also added that he would get Regular Meeting -4- January 10, 1978 together with the Building Official and issue this man a citation. Commissioner Cook also reported that the alley located in the back of southwest 12th street was impossible to drive down. City Attorney Adler informed the Commission that he is in the process of pre- paring forms for recording special assessment liens. He stated that he has to have the authorization of the Commission, because everytime he records a notice the cost is $4. A motion was made by Commissioner Donly, seconded by Commissioner Cook to authorize City Attorney Adler to record these notice of special assessments. The motion was carried unanimously. Mayor Bertino brought up the subject of citizens in Dania who are letting their land get overgrown. City Attorney Adler informed the Commission to find out who these people are and send them a notice by certified mail with a return receipt requested showing proof of service, stating that if the property is not cleared within a certain amount of time , then the City will clean it and place a lien on the property. City Manager Lassiter suggested that the City should check into the County Ordinances on this item. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to ajourn this meeting. Mayor -Commissioner l City Clerk - Auditor Regular Meeting -5- January 10, 1978 WAR REGULAR MEETING DANIA CITY COMMISSION JANUARY 10, 1978 8:00 P. M. Invocation. a $ , Pledge of Allegiance. 'u Roll Call . Approval of minutes from the regular meeting of December 27th and the workshop meeting of December 3rd. 2. Request to speak to the Commission, re: donation for advertising; Dania a"- Antiques Dealers Association. µ ® APPEARANCE: Robin Skellings. r�s 3. Request by Thomas M. Eastwood to extend water line on Stirling Road in the City ,p of Hollywood at no cost to the City of Dania. EXHIBIT: Letter from Mr. Eastwood to Mr. Allen. °t Letter from Mr. Frankenberger to Mr. Eastwood and agreement. ' 4. Receipt of bids for parking meters. tri k; 5. Receipt of bids for four (4) basketball backboards for Modello Park. Ids l;y 6. Public Hearings: f a) Public Hearing and first reading of an ordinance amending Sanitary t: Sewer Ordinance No. 63, providing for a commercial cap on rates. b) Public Hearing and first reading of an ordinance amending Article 4 of Ordinance 100 concerning location of businesses selling alcoholic beverages in relation to churches and schools. c) Public Hearing on a request by Malibu Grand Prix for a special exception use to allow an outdoor recreational adult skill driving course on property zoned I-G ( industrial ) . Property located south of Tigertail Blvd. north of West Dania Beach Blvd. and running approximately 500 feet east of 1-95. The Zoning Board ® recommended that this item be postponed until the special meeting of January 10th at 7:00 p.m. to present the site plan. d) Public Hearing on a request by Wilson C. Atkinson III for a variance to allow two triplexes to be constructed on lots of insufficient width and area in a R-M zone. Subject property located at 245 S.E. Ist Street. The Planning ® Board recommended that this be approved subject to the submitted site plan to have court yards facing S.E. Ist Street and that all parking be on the alley. e) Public Hearing on a request by Lemon Rent-A-Car to allow an auto rental facility to be operated from the premises of 1000 North Federal Highway. The Zoning Board recommended that this be approved subject to all cars stored on paved parking area and that no cars be parked in front of building. f) Public Hearing on a request by Shamrock Auto Rentals, Inc. for a special exception use to allow an auto rental facility to be operated from the premises of 1781 North Federal Highway. The Zoning Board recommended that this be approved subject to the landscaping be improved to replace the dead olive trees. 7. Discussion of hiring legal advisor for Police Department. 8. Report on disposal of confiscated items In Police Department. 9. Discussion of securing funding for repairs to bathrooms and lifeguardcstands at Dania Beach. 10. Request for approval of paneling and carpeting of portion of City Hall . 11 . Citizens Comments. 'O i