Loading...
HomeMy WebLinkAbout30613 - MINUTES - City Commission MI NUTES REGULAR MEETING DANIA CITY COMMISSION 'as OCTOBER 25, 1977 Invocation by Reverend Van Arsdale of the Dania Heights Baptist Church S'< Pledge of Allegiance Roll Call Present: Mayor: John 9ertino ''te `•--:._' Vice Mayor: James Adams Commissioners: Jean Cook Robert Donl y Y Howard Hirsch Acting City Manager: Richard Marant City Attorney: Frank Adler Lf{: City Clerk Wanda Mullikin Police Chief: Rudy Rigo s Building Official: Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the Minutes of the Regular Meeting of October 11, 1977. The motion was carried unanimously. ? 2. Citizen?s Comments Mr. Clarke Walden representing T 6 T Grocery, Inc., spoke to the Commissioners regarding the expansion of a license to permit the sale of beer and wine for consumption on the premises. Under the advice of City Attorney Adler the Commissioners instructed City Manager Marant to authorize the proper administrator to issue nin stating ment of certificate f zoning ngthat areaisZoned forcconsumptioncofaalcoholicnts in 2beverages on the premises until such time a new ordinance is adopted. Mr. Bill Brooks commented on Ordinance #100 and possible repercussions . Mayor Bertino agreed. Mr. Jack Newton complained about the dirt in his water system. city the agr lineMonant Mondaylandeitthat there wa an unexected waterwas corrected as oonpas possible.break i Reverend John Brabham of the Dania United Methodist Church informed the Commissioners that he wanted to go on record as opposing the granting of the license to expand the permit of T 6 T Grocery to consume alcoholic beverages on the premises. Mir. George Caldwell spoke to the Commissioners regarding the planting of trees on N W loth Street. Acting City Manager Marant stated that he would contact Commissioner Ken Jenne for a letter of approval to plant trees on the property in that area. Regular Meeting -1- October 25, 1977 (:ary Winningham of Broome F. Farina was present to open the bids re('('ivc(l on repairing the seawall and minor dredging at Houston Park. A motion was made by Commissioner Hirsch, seconded by Commissioner W", Donly to close the bidding and open the bids received. Mr. Winningham read the following bids: Marine Seawall, Inc. $333 65S.00 Hancock Marine Construction 72 485.00 A motion was then made by Commissioner Donly, seconded by Commissioner top Cook to refer this matter to the City Manager to tabulate the bids received and report back to the Commissioners with his recommendations at the next regular meeting, along with a background report of the companies submitting bids . The motion was carried unanimously. 4, Mr. George Shahood representing Mr. Paul Sitzman, lessee of the Dania Beach Grille, was present to speak to the Commissioners regarding the renewal of the Dania Beach Grille Lease. Commissioner Hirsch made a motion, seconded by Commissioner Donly to put out for bid the proposals for the Dania Beach Grille to be ad vertised at this time and submitted within six months. Mr. Dixon Thomas representing Lucas Kouroupous of T & T Grocery informed the Commissioners that Mr. Kouroupous is also interested in the lease to operate the Dania Beach Grille. Mr. Thomas asked that a copy of the letter submitted in July, 1977 informing the Commissioners of Mr. Kouroupous I interest be attached to the Minutes of this meeting. (letter attached) After discussion the motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes Commissioner Donly - Yes S. Ms. Gilda Fisher was present to speak to the Commissioners regarding a Bike Centennial Year and to have more stringent controls on flea markets in the City. Mayor Bertino instructed the City Manager to continue to find out what could be done to control the uses of the flea market. 6. Mrs. Charlene Moore appeared before the Commissioners to request that the appropriate parties sign the Resolution approving the modification of Agreement 78-i-1600 CETA TIME VI in the amount of $168,936.00 A motion was made by Commissioner Donly, seconded by Commissioner Hirsch that pending the approval of the City Attorney that the City Manager and the Mayor if necessary be authorized to sign this agree- ment. The motion was carried by all. 7. Mayor Bertino gave a synopsis of the previous discussion that took place regarding the waiver of the sewer assessment of the Sessa Property on S E Gth Street. A motion was made by Commissioner Adams, seconded by Commissioner Cook to have the City Attorney prepare a resolution or agreement to assure Mr. John Sessa of S E 6th Street that once he pays his sewer assessment on S E 7th Street, he will not be assessed in the future when it becomes necessary to sewer the property along Regular Meeting -2- October 25, 1977 'I S E 6th Street that would have been sewered under the original assessment if the sewer line had been installed in the proper place. Mr. Sessa will then grant the City the necessary easement, determined by the City Manager, for future installation of a line . The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes Commissioner Donly - Yes Public Hearings 8. Mayor Bertino declared the Public Hearing opened on the second reading of an Ordinance amending Sec. 3, Article 3, Part IX of the City Charter, eliminating the requirement that a new plat must be submitted before any property dedicated to the City might be vacated or abandoned. City Attorney Adler read the Title of the Ordinance and explained the changes that he made. A motion was then made by Commissioner Cook, seconded by Commissioner Adams to approve on second reading the Ordinance amending Section 3, Article 3, Part IX of the City Charter as read by City ;ittorney Adler. The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes Commissioner Donly - Yes 9. Mayor Bertino declared the Public Hearing opened on the first reading of an Ordinance to rezone from RD-6000 (residential duplex) to C-2 (commercial) the property on the northeast corner of SW 2nd Avenue and Sheridan Street, legal: Lots 1 through 5, Block 43, North Hollywood Subdivision. Petitioner Norge Realty Management of Florida, Inc. After City Attorney Adler read the title of the Ordinance and advised the Commissioners as to what is now the proper way to advertise Ordinances for Public Hearings, a motion was made by Commissioner Donly, seconded by Commissioner Cook to hear this item as it had been previously advertised incorrectly. The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes Commissioner Donly - Yes One member of the audience stepped forward to speak in favor of this rezoning and several to oppose this rezoning. Mayor Bertino closed the Public Hearing and City Attorney Adler read the title of the Ordinance. A motion was then made by Commissioner Donly to deny on first reading the Ordinance to rezone from RD-6000 to C-2 the property on the N E corner of S W 2nd Avenue and Sheridan Street, Legal: Lots 1 through 5, Block 43, North Hollywood Subdivision. After passing the gavel Mayor Bertino seconded the motion. The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - No Mayor Bertino - Yes Commissioner Donly - Yes Regular Meeting -3- October 25, 1977 G 10. tjr. Wilson Atkinson was present to speak ko the Commissioners on hehaff of Ves Construction. A motion was made by Commissioner Cook, seconded by Commissioner Donly to grant a request for Ves Construction on vacating an easement in the Subdivision of D?nia Highlands to relocate two existing ten foot utility easements by moving both 7 feet west of their present location in the South � of Block 3 of Dania Highlands and to waive the filing and processing of a new plat and the 15 day time period for the Public Hearing so that it can be heard on November 8, 1977 at the next Regular Meeting. The motion passed unanimously, µ „ 11. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to appoint Acting Police Chief Rigo to the position of Police Chief. The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes Commissioner Donly - Yes Commissioner Hirsch amended his motion to include ' at the present Nam, salary of $20, 260.001 . The motion was seconded by Commissioner Cook and carried by all. eTk 12 . A motion was made by Commissioner Cook, seconded by Commissioner ;? Donly to authorize the City Manager to locate in the budget where ;f the funds can be acquired for the purchase and installation of the Boat Wash Machine. This item had been allocated in the e'( previous budget but had not been allocated in the present budget. The motion passed unanimously. . 13 . Commissioner Cook submitted as a recommendation for the Broward County Planning Council's Advisory Committee, Mr. Howard Shank and Commissioner Hirsch submitted as a recommendation Ms . Veta Mae Peterman. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to appoint Ms. Peterman and Mr. Shank to the Broward County Planning Council's Advisory Committee. The motion was carried by all. Mayor Bertino instructed the City Manager to advise Ms. Peterman and Mr. Shank of their appointments. 14. Discussion of appointments to the General Employees Pension Board was tabled until the next Regular Meeting of November Bth. City Attorney Adler to prepare and Ordinance amending Ordinance #541 to appoint a Pension Board consisting of two City employees and three citizens. Mayor Bertino requested that an appointment to the Police and Fire- Fighter's Retirement System is in order and asked that it be placed on the next agenda, 15. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to declare the ticket booth and parking gates as surplus equipment. The equipment was previously purchased from Cincinnati Time, and to advertise this equipment for bids. The motion was carried unanimoulsy. 16. City Attorney Adler read a Resolution authorizing proper officials to sign the EDA Bank Account #001-0949. A motion was then made by Commissioner Adams, seconded by Commissioner Cook to adopt the Resolution authorizing Commissioner Robert Donly, City Manager John S. Lassiter, Sr, and City Clerk - Auditor Wanda Mullikin as the proper officials to sign the EDA Account. The motion was carried with Commissioner Hirsch voting no. Regular Meeting -4- October 25, 1977 K Comments Acting City Manager Marant informed the Commissioners of a letter lie had received from the Army Corp of engineers regarding the Wetlands Project. Mr. Marant reported that he has been in daily contact with Mr. Sessa regarding the removal of this fill and that if no action is taken by November 1st by Mr. Sessa, a civil suit will be instituted against the City by the Army Corp of Engineers. Mr. Marant also informed the Commissioners that he had also received a letter from the Municipal Code Corporation requesting to have copies of any revisions to the Ordinances to be forwarded to them. Mr. Marant asked City Attorney Adler what would be meant by the existing repairing of the planks at the fishing pier. City Attorney Adler stated that it is to be interpreted as a program of constant repair and that the lessee's will be responsible for installing the planking after delivery of material to the pier by the City. The Commissioners authorized City Manager Marant to arrange for the repair of the guide wires on the roof of the police station. Commissioner Donly commented that Ordinances are made and can be changed due to changes in government. Commissioner Cook commented that the past administration was helpful to the City of Dania and that future comments or criticisnshould not be made. Mayor Bertino informed the Commissioners of a possibility of mis-use of emergency lights on vehicles other than City owned vehicles . In the case of Reverend Van Arsdale's car being equipped with emergency lights, the Commissioners directed the City Manager to look into the liability aspects of Reverend Van Arsdale's car being equipped with emergency lights. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to appoint Commissioner Donly to a committee that will study the role of municipalities versus county government. The motion was carried by all. Mayor Bertino asked City Manager Marant what progress is being made with the company that was hired as the Comprehensive Planning Council. Mr. Marant stated that at this time he has not heard from them but that possibly Mr. Lassiter had before he left for vacation. Mayor Bertino commented on President Carter signing a Needy Housing Bill and suggested that the City of Dania might be eligible for funds being allocated in that bill. Mayor Bertino commented on Hallandale and Fort Lauderdale's dispute over the dispersing of funds by Hollywood that had been received for the Regional Waste Water System. Commissioner Cook commented that former Police Chief Willis had not received the Resolution that had been adopted by the Commissioners . City Attorney Adler presented the Resolution. City Attorney Adler stated that at the last meeting of the County and City Attorneys a discussion had been brought up about the County Charter involving the City of Fort Lauderdale and that in this particular case there was more discussed questioned. Meeting adjourned. yor ommissione city clerk Auditor Regular Meeting -5- October 25, 1977 f ` 'I II I: Il\'.f\ U\:.4 111'i1111>yp A( 11111 ,1 - •-• 1:\ti 1' PUI.) lu:.\R II IID I:LII t'A ICU DA\IA, f'I.()!:In.\ M1001. Pacle tl'i0 rt, October 25, 1977 ll.l.l.l•Ilu a. 4'Jl pJl, Ch<It Chc, :I >n.,.,l IY»II'A.VU IIIL,1'll lv,ultcic;e< pl;,yoj._Coz1l,zissioner. John Dcr. t.ino 7..1E Southeast Third Terrace T Dania, Florida 33004 Corlmissioncr James G, Adams 21.5 Southwest 8th Street Dania, Florida 33004 DT:blcs Commissioner Jean Cook cc: Mr . 348 South Federal Highway City Dania, Florida 33004 City Dani Commissioner Roberti. Donly - 209 Southeast Third Terrace t•ir. Dania, Florida 33004 Attc 104( Commissioner Iioward Hirsch Forl 600 Northeast 2nd Street Dania, Florida 33004 Re: Our file number DI-4-426 Loukas N. Kouroupis - matter of lease with City of Dania Dear Commissioners: We have noticed that a discussion of the renewal of the Dania Beach Grill lease has been scheduled on the agenda of the Dania City Commission meeting tonight. On July 6, 1977, I wrote to Mr. John Lassiter, City Manager, to inform him that our office represents Mr. Loukas N. Kouroupis and to notify City of Dania of Mr. Kouroupis' interest in leasing the property. Each of the City Commissioners and the City Attorne received copies of that letter. y The City Charter provides that leases of public property, such as Dania Beach Grill, operated in a proprietary capacity, in order to permit the lessee to construct substantial improvements on the leased property, may be authorized for a period not exceeding twenty (20) years by ordinance of the City Commission enacted by a majority of the City Commission at three (3) consecutive regular meetings of the City Commission. Pt. XII, Art. 4, Sec. l (b) , It is our belief that public policy dictates that, in cases where more than one qualified party is interested in entering into a long-term lease of public property, all parties should have an equal opportunity to be fairly considered before the lease is awarded. Mr. Lassiter and I discussed this principle in his office on July 6, 1977, when I first informed him of Mr. Kouroupis' interest in becoming the lessee of Dania Beach Grill. Ile wish to reaffirm Mr. Kouroupis ' continuing interest in leasing Dania Beach Grill when the present lease expires next year. Further, it is our hope that City of Dania will see fit to develop specifications containing not more than one variable and to make them available to all interested persons. In this way, all prospective lessees can bid on an equal- basis, and City of Dania will be assured N 21 77 7q Ti - dab, fi July 6, 1.977 Jnhn Lassiter Ci hy r1anacjer City of Dania 100 Vl-e�st Dania Beach Boulevard DDania,, Florida 33004 P;•ar Mr . Lassiter: Please be advised that this office represents Nr. Loukcs 11. Kouroupis. Mr. Kouroupis desires to bid for the lease with City of Dania of that real property LW knoum as Dania Beach Grill, located at Dania Beach. Pursuant to our telephone conversation on Friday, July 1, 1977, it iss our understanding that the present 15 year lease expires on October 30, 1978 . Presumably, the present lessee, Mr. 'Cour6upis and others are qualified to operate Dania Beach Grill in a manner satisfactory to the City. , It is respectfully suggested that the City may wish to prepare specifications containing not more than one variable, such as the amount of rent to be paid, and then accept bids on a competitive basis. In any event, we do hereby notify you of Mr. Kouroupis' interest in leasing the Dania Beach Grill property from the City and we request that you send this office appropriate specifications so that Mr. Kouroupis can prepare and submit his bid. Yours very truly, Dixon Thomas DT/fes cc/ Mayor John Bertino Commissioner James AOams Commissioner Jean Cook Commissioner Robert Donly Commissioner Howard Hirsch Mr. Frank Adler, City Attorney k ACTIJDA ® REGULARLAk MEETING DANIA CITY COMMISSION OCTOBER 25, 1977 8:00 P. M. ® Invocation. Pledge of Allegiance. Roll Call . ® 1 . Approval of the minutes from the regular meeting of October Ilth. 2. Citizen's Comments. 3. Receive bids on Houston Park to repair seawall and minor dredging. APPEARANCE: Cary Winningham, Broome 8 Farina Engineering. ® 4. Discussion on renewal of Dania Beach Grill lease. 5. Request by Gilda Fisher to discuss a possible "Bike Centennial Year", promotion of sister city Denmark to City of Dania and tighter, more stringent control on flea market In City limits. ® 6. Resolution approving the modification of agreement No. 78-1-1600 CETA TITLE Vi and authorizing the appropriate parties to sign such. APPEARANCE: Acting Personnel Director Charlene Moore. EXHIBIT: Resolution (forthcoming) 7. Resolution approving waiver of assessment on Sessa Property (S.E. 6th St. ). EXHIBIT: Resolution (forthcoming) 8. Public Hearing and 2nd reading of ordinance amending Sec.3, Art.3 Part IX ofCity Charter 9. Public Hearing and possible first reading of an ordinance to rezone from RD-6000 (residential duplex) to C-2 (commercial ) the property on the northeast corner of S.W. 2nd Avenue and Sheridan Street, legal : Lots I through 5 and the west 20 feet of Lot 5, Block 43, North Hollywood Subdivision. Petitioner Norge Realty Management of Florida, Inc. The Planning and Zoning Board at their meeting of 10-4-77, recommended that the Commission approve this request. ® 10. Request by Ves Construction Company for a waiver on vacating an alley. EXHIBIT: Petition. 11 . Appointment of Acting Police Chief Rudy Rigo as Police Chief. Requested by Commissioner Hirsch. • 12. Consideration of possible re-allocation of funds to purchase boat wash machine. 13. Appointment of two members to the Broward County Planning Council 's Advisory Committee. 14. Selection of members to the Employee Pension Board-2 City employees and ® 3 Dania residents. 15. Consideration and possible sale of ticket booth which was purchased from Cincinnati Time Company. ADDENDUM 16. Resolution authorizing proper officials to sign EDA Fund bank account. • •