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MINUTES
REGULAR MEETING
�< DANIA CITY C01R9ISSION
SEPTEMBER 12, 1977
s Invocation by Reverend Paul F'aircloth of the First Baptist Church of Dania Fl
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P:Ledt_se of Allegiance '
A..
Roll Call
sk' Present 67
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F Mayor: John Bertino 4
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Vice Mayor: James Adams �
9'= Commissioners : Jean Cook
Robert Donly
Howard Hirsch
City Manager: John S. Lassiter, Sr.
City Attorney: Frank Adler
City Clerk: Wanda Mullikin
Act. Police Chief: Rudy Rigo
Zoning Consultant: Luther Sparkman
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1. A motion was made by Commissioner Cook, seconded by Commissioner
Hirsch to approve the Minutes of the Regular Meeting of August 23rd,
the Special Meeting of August 30th and the Workshop Meetings of August 18th,
26th, September 1st and 7th. The motion carried unanimously.
2. Citizen's Comments
Mr. Pete Prossic asked the Commissioners about the report on the
fishing pier that he had requested a few weeks prior to this meeting.
Mayor Bertino informed Mr. Prossic of the amount of money that the
fishing pier has made over the last five years .
Mr. Prossic then asked City Attorney Adler if anything had been done
to handle the licensing of the vehicles in trailer parks. City Attorney
Adler informed Mr. Prossic that he had contacted the Licensing Inspector
and that he had been assured that it was being taken care of.
Mr. Prossic also inquired as to whether the City has acquired any
trees for the area along loth Street. Mr. Adler informed Mr. Prossic
that he had spoken to the Airport Director and that he would contact
him again to see if it would be possible to put C_^ees on loth street
to buffer the noise of the planes and also to beautify the area.
Mr. Walden was present to speak on behalf of Mr. McElyea and
Mr. Stuart regarding a chain link fence on Old Dixie Highway that they
would like removed.
Mr. Adler informed Mr. Walden that he had written to Collision
Clinic, the owners of the land, and the Cou.;ty Engineers regarding
the removal of this fence. The County Engineers were researching
the deed to locate the owners of this road and when Mr. Adler is
contacted by the County Engineers with this information he will
then file suit to have this fence removed.
Regular Meeting -1- September 12, 1977
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' ity Attorney Adler read the Title of an ordinance approving the
Plat of Sea Aire #3, same being a subdivision of the East 5/8
of the 4 of the SW 4 of Section 26 Township BO South,
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< ' Rance 47 East, less the East 323.76 feet and the South 30 feet
Range
thereof
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Mayor Bertino declared the Public Hearing opened and asked the
<. audience if there was anybody in opposition to the approval of ;.
i:his plat. `1R
After discussion, Mayor Bertino declared the Public Hearing closed
S° and a motion was made by Commissioner Donly, seconded by Commissioner
_= Cook to approve on 1st reading the ordinance approving the plat
of Sea Aire #3.
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` < The motion passed on the following roll call vote: o'e ,
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Commissioner Cook - Yes Commissioner Hirsch - Yesc
=�s' Mayor Bertino - Yes .,
Commissioner Adams - Yes
Commissioner Donly - Yes
A motion was then made by Commissioner Donly, seconded by Commissioner
Cook to approve the application for the variance, pending final approval
=' of the plat of Sea Aire #3. t
Mayor Bertino declared the Public Hearing opened on the variance and
asked the people in the audience to step forward with any questions
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regarding the variance to allow radio towers which will exceed the
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height limitation.
After discussion Commissioner Donly's motion passed on the following
roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
City Attorney Adler informed the Commissioners and the applicant that
the actual issuance of the variance by the Building Department will not
be done until the plat is finally approved and recorded in Public
Records at Broward County.
4. Mayor Bertino declared the Public Hearing opened on the second
reading of the Resolution officially adopting the annual budget
and setting the millage rate for fiscal year 77/78.
After discussion, Mayor Bertino declared the Public Hearing closed
and Commissioner Hirsch made a motion, seconded by Commissioner
Donly to adopt the General Fund Budget for fiscal year 77/78.
The motion passed on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - No
Commissioner Donly - Yes
Cojnm ssioner Donly then made a motion, seconded by Commissioner Hirsch,
to a:iopt the millage rate of 6.4170 for the General Fund 77/78.
Tile motion passed on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
( ommissioner Cook - Yes Mayor Bertino - No
Commissioner Donly - Yes
R gular Meeting -2- September 12, 1977
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pertinent sections °f the
the Annualthe gityfof Daniascal City
ar
City Attorney Adler read the title and p
reso.Lut"lon officially adopting e rate in
77/7ci and setting of the millagClerk Mullikin to send Certified].ector } '
Attorney Adler instructed City .
Copies of this Resolution to thstate ofe Tax Florida.
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and the Department of Revenue,
7 7 . fif
second
the sewer fund budget for fiscal year /
City Attorney Adler read the title of the ordinance 76/7 for 76
reading changing
opened and asked members
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forward and offer their comments. and
Mayor Bertino declared the Public Hearing
of. the audience to step seconded by Commissioner
discussion, Mayor Bertino declared the Public Hearing the changing
Commissioner Donly, approving a motion was made by the ordinance from
433 122 to ,
Cook to pass on second reading ro riations from $ R
Of the 76/77 sewer fund budget app p
$399,182.
The motion passed on the following roll call vote:
Commissioner Hirsch - Yes
Yes
Commissioner Adams - Yes Mayor Bertino -
Commissioner Cook - Yes
Commissioner Donly - Yes
City Attorney Adler read the title of the ordinance amending the
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76/77 water fund Budget. opened. No one having
closed
the Mayor declared the Publisecondedgby T
Mayor Bertino declared the Public Hearing hepub Donly,
approached the podium Commissioner
adopt. on second reading the ordinance amending
and a motion was then made by ro riations from $475,606 to
Commiss77ne Cook Budgethanging the appropriations
the 76/ Water
$467,744.
The motion passed on the following roll call vote:
Commissioner Hirsch - Yes
Commissioner Adams - Yes
Mayor Bertino - Yes
Commissioner Cook - Yes
Commissioner Donly - Yes ordiroving the
City Attorney Adler reed the
7 title of an
fiscal year 77/78ance approving
Annual Plater Fund Budget opened and seeing no one
May then declared the Public Hearing closed.
Mayor Bertino declared the Public Hearing
approach the podium he
Commissioner Donly then made a motion, seconded by Commissioner Cook
on 1st reading the ordinance approving the Annual Water Fund
to adoptyear 7the o
Budget for fiscal y
The motion passed on the following roll call vote, .
Commissioner Hirsch - Yes
Commissioner Adams - Yes
Mayor Bertino - Yes
Commissioner Cook Yes- Yes
Commissioner Donly tin the
g City Attorney Adler red the tile of'for fiscal year e nance adopting 77/7g
Annual sewer Fund Budget
September 12, 1977
Rayular p,eeting
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Mayor. Bertino declared the Public Hearing opened, no comments being
made, tite Mayor declared the Public Hearing closed.
`^ - Commissioner Donly then made a motion to approve the Annual Sewer
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Fund Budget for fiscal year 77/78, Commissioner Cook seconded the
motion.
The motion passed on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
i Commissioner Cook - Yes Mayor Bertino - Yes
Convnissioner Donly - Yes
9. Commissioner Hirsch made a motion, seconded by Commissioner Cook
to approve a Resolution designating Dania as a bicycle City and
to request the County Commission to provide aid in securing bicycle
pathways. The motion was carried unanimously.
City Attorney Adler to prepare resolution.
10. A motion was made by Commissioner Hirsch, seconded by Commissioner
Cook to close the bidding and open the bids for tabulation of the
modification of the fishing pier. The motion was carried unanimously.
Mr. Cary Winningham representing Broome & Farina was present to open
the bids with City Manager Lassiter.
The bids received were:
Crockett, Bradley, Inc. $ 59,489.45
Powell Brothers $165,228.00
Si-9 b Ambachtsheer, Inc. $328,477.00
A motion was then made by Commissioner Donly, seconded by Commissioner
Cook to instruct City Manager Lassiter to take under consideration with
the City Engineer the bids received and then come back to the Commission
with their recommendaticns at the next meeting. The motion was carried
unanimously.
11. A motion was made by Commissioner Donly, seconded by Commissioner
Cook to adopt a resolution setting the Acting Police Chief's salary
at $20, 206.82 for one year. The motion was carried unanimously.
12. Mayor Bertino declared the Public Hearing opened on the 1st reading
of an ordinance to rezone Mr. Marrone's property from RS-8000 (residential)
to RM-Multi Family and C-2 (Commercial) and invited members of the
audience to step forward and offer their comments. Mr. John Bartley
was present to speak against this variance because he will be building
single family homes directly across the street ranging in price from
*60, 000 to 75,000.
After discussion, a motion was made by Commissioner' Donly, seconded
by Commissioner Hirsch to deny the request to rezone the NW corae..
of HE 3rd St. and NE 7th Ave. , property owned by Mr. Marrone.
Mayor Bertino declared the Public Hearing closed and the motion
passed on the following roll call vote:
Commissioner Adams - yes Commissioner Hirsch - Yes
Ccuunissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly _ Yes
Regular Meeting -4- September 12, 1977
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t3 . Mayor Bertino declared the Public Hearing opened on the request
by Gloria Daly of Lori.an Corp. , For a special exception use to
. ?? allow a second floor of a commercial building to be converted
to rental apartments. w.,.
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After (iiscussion, Mayor Bertino declared the Public Hearing
closed and then a motion was made by Commissioner Hirsch, seconded ,n
3 : by Commissioner Cook to approve this request as long as it
meets with all the South Florida Building Code requirements.
The motion passed on the following roll call vote:
r Commissioner Adams - Yes Commissioner Hirsch - Yes
4
�3. Commissioner Cook - Yes Mayor Bertino - Yes
oil Commissioner Donly - No
14. Major Bertino declared the Public Hearing on the request by
Howard Johnson's located at 1400 No. Federal Highway to approve
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a special exception use which would allow entertainment in a
C-2 zoning.
' After discussion, Mayor Bertino declared the Public Hearing
r closed and a motion was made by Commissioner Donly, seconded
by Commissioner Cook to grant this specid. exception request
>= with the contingencies of the mayor and included in the contract
to be drawn up by the City Attorney. The motion carried with Commissioner
Hirsch voting no.
5 15. Mayor Bertino declared the Public Hearing opened on a variance
n request by Mr. Joe Jutras of London Town Antiques to allow the
.s sale of beer and wine at 25 North Federal Highway.
Reverend Faircloth and other citizens of Dania were present
to speak against this request. After discussion, Mayor
Bertino declared the Public Hearing closed and a motion
was made by Commissioner Donly, seconded by Commissioner
Adams to deny a variance request to allow the sale of beer
and wine within 1,000 feet of a church. The motion was carried
unanimously.
16 . Mr. Michael Ricisg was present to request a license from-the City
of Dania to operatean auto flea market on Sundays at the
Highway Drive-in.
A motion was made by Commissioner Donly, seconded by Commissioner
Hirsch to table this item until City Attorney Adler can investigate
the legal ramifications of this type of auction and then appear
before the commission with lis findings at the meeting of September 27,
1977. The motion was carried unanimously.
17 . Mrs . June Silvernale and Mr. Chuch Simandl of the Port Everglades
Authority were present to speak to the commissioners regarding
the t.uilding of a road to link- the Foreign Trade Zone in Holly-
wood to the Temporary Foreign Trade Zone on Taylor Road in Dania.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Donly to adopt a resolution fully supporting the concept of the
building of this road. The motion was carried unanimously.
Regular Meeting -5- September 12, 1977
a.E3, A motion was made by Commissioner Cook, seconded by Commissioner
Hirsch to reconsider a request for a variance to build a duplex
on a lot that does not meet the required 6,000 feet, This motion
was pending from the meeting of August 23rd.
The motion passed on the following roll call vote:
commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - No
Commissioner Donly - No
Mr, A. J. Ryan representing 1:rs . Baker, petitioner, was present
and appealed to the Commissioners to grant this variance. Mayor
6ertino explained to the audience the reasoning of denying this
variance in regards to upgrading this particular section.
After discussion, a motion was made by Commissioner Cook, seconded
by Commissioner Adams to grant this variance to Mrs. Baker on a lot
that does not meet the required 6,000 square feet and the required
60 foot frontage.
The motion passed on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - No
Commissioner Donly - No
19. Mr. Richard Marant, Assistant City Manager, spoke to the commissioners
regarding the leasing of a 1977 Chevrolet truck to be used for the
PSE Ceta VI Program. The funds will be available for this truck
through the Grant.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Adams to grant this request for the leasing of the truck. The motion
was carried unanimously.
20. City Manager Lassiter's Memo was presented to the Commissioners regarding
the costs of repairing the fishing pier since the beginning of the lease.
21. A motion was made by Commissioner Donly, seconded by Commissioner Cook
to approve the bills paid for the month of August. The motion was
carried unanimously.
Addendum
22 . Mr . Clarke Walden was present to resolve the question as to intent of
the City Commission in zoning Dania Jai Alai property to C-2 zoning
classification at time of addition of master zoning ordinance in early
part of year.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Cook to adopt a resolution authorizing the granting of variance
permit to Dania Jai Alai, Inc. to construct a parking lot zoned for open
space.
The motion passed on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
commissioner Cook - Yes Mayor Bertino - No
,commissioner Donly - No
F,egular Meeting -6- September 12, 1977
Comments
City Attorney Adler reported to the Commissioners the outcome
of the hearing regarding the Combined Utility Fund. He stated
that the city can continue to collect pending the outcome of
litigation, continue to use the funds that have already been
rol-l.ec`ed and from the date of the injunction the funds that
w:il.l be collected must be put in a special account in the
Dania Ban' and only those funds will be tied up pending
Litigation.
Meeting adjourned .
ayor Commissioner
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— city Clerk critor'
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Regular Meeting -7- September 12, 1977
A(sFFIUA
REGULAR MEETING
DANIA CITY COMMISSION
SEPTEMBER 12, 1977
8:00 P.M.
Invocation
Pledge of Allegiance.
Roll Call .
I . Approval of the minutes from the regular meeting of August 23rd, the special
meeting of August 30th and the workshop meetings of August 18th, 26th, September
Ist and 7th.
2. Citizen's Comments.
3. Second public hearing on resolution officially adopting the annual budget
of the City of Dania and setting the mlllage for the fiscal year 1977-78.
4. Public hearing on second reading of an ordinance changing the sewer fund
budget for the fiscal year 1976-77.
® 5. Public hearing on second reading of an ordinance changing the water fund
budget for the fiscal year 1976-77.
6. Consideration and possible action on first reading of an ordinance approving
the annual water fund budget for 1977-78.
7. Consideration and possible action on first reading of an ordinance approving
the annual sewer fund budget for 1977-78.
8. Resolution designating Dania as a bicycle city and request County Commission
to provide aid in securing bicycle pathways.
9. Openinq of bids for the modification of fishing pier.
10. Resolution setting Acting Police Chief's salary.
11 . First reading of an ordinance rezoning the E} of the NE} of the SWk of the
NW,' less the north 216 feet of Section 35, Township 50 South, Range 42 East,
40 located at the northwest corner of N.E. 3rd Street and N.E. 7th Avenue from
present RS-8000 (residential ) to RM (multi-family) and C-2 (commercial ) .
Petitioner Louis Marrone wishes to construct apartment buildings and a
commercial building. The Planning and Zoning Board recommends that the
Commission deny this request.
12. Request by Gloria Daly of Lorian Corp. for a special exception use to allow
a second floor of a commercial building to be converted into rental apartments
located at 137 North Federal Highway, legally described as Lots 5, 6, 7 8 8
Block 10, Town of Dania. The Zoning Board recommends that the Commission
approve this request.
13. Request by Howard Johnson's located at 1400 North Federal Highway to approve
a special exception use which would allow entertainment in a C-2 (commercial )
zoning. The Zoning Board recommends that the Commission approve this request.
14. Public Hearing and first reading of an ordinance for plat approval for a pro-
posed plat to conform to Ordinance 100 to allow radio towers which will
O exceed the height limitation. The Zoning Board recommendsthat this request
be approved.
15. Public hearing on a variance request by Joe Jutras of London Town Antiques
to allow the sale of beer and wine at 25 North Federal Highway. Property
is within 1 ,000 feet of a church and is zoned C-2 (commercial ) . The Zoning
® Board recommends that the Commission deny this request.
16. Request by Michael Ricsig to obtain an auctioneer's license to operate a
auto flea market on Sundays at the Highway Drive-in between the hours of
10:00 a.m. and 3:00 p.m.
17. Request by Port Everglades Authority to build a road to link the Foreign Trade
Zone in Hollywood to the Temporary Foreign Trade Zone on Taylor Road in Dania.
EXHIBIT: Letter from Mr. Simandl already distributed.
16. Action on a motion pending from August 23rd Commission meeting to reconsider
request for a variance to build a duplex upon a lot that does not meet the
required 6,000 sq. ft. of lot area and does not meet the required 60' frontage.
This request was denied by Commission on 8-9-77 on a 2-2 vote.
® 19. Request to lease a 1977 Chevrolet truck from Two K's, Inc. (Kelley Chevrolet)
to use for PSE Ceta VI program.
APPEARANCE: Dick Marant, Assistant City Manager.
20. Estimate of costs for repairs to the fishing pier since the beginning of lease.
EXHIBIT: City Manager's memo.562
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21. Approval of bills paid for the month of August.
ADDENDUM
® 22. Resolve question as to intent of City Commission in zoning Dania Jai Alai
property to C-2 zoning classification at time of addition of master zoning
ordinance in early part of year.
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Commission Meeting Agenda -2- September 12, 1977