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HomeMy WebLinkAbout30627 - MINUTES - City Commission 'nCl-4-atM. i K 45Y yy1 v i '4y'RF�•'�� L '�u w MINUTES ter „ REGULAR MEETING DANIA CITY COMMISSION AUGUST 9, 1977 r . SS' b y Richard Marant, Assistant City Manager i��. In VOCa tlOn Tr M1a , Pledge of Allegiance '1Grtxti Roll. Call. ' * Present: t Mayor: John Bertino Commissioners: Jean Cook Robert Donly Howard Hirsch r,51' City Manager: John S. Lassiter ., City Attorney: Frank Adler City Clerk: Wanda Mullikin Acting Pol. Chief: Building Official: Rudy Rigo Thomas E. Zoning Consultant: Luther Sparkman ell a" ? n?% Absent: Vice Mayor: James Adams A motion was made b Cook to grant Vice Mayor mAdams nan excuer sedseconded absence. byT}a motionner _+ was carried by all. ' A motion was made b Donly to ado t a Commissioner y Commissioner Hirsch, seconded by P Resolution in the name of the late Boisy Waiters. Mayor Bertino then presented to Mrs. Waiters a plaque from the Citizens of Dania in coMmem oration of Boisy Waiters . Mr. Tom Sette, President of the Chamber of Commerce, presented the sum of $1,400.00 that had been deposited in a Memorial Fund at the Dania Bank to Mrs . Waiters in memory of her husband. A7.so present was a member of Broward Manpower to present to Mrs. Waiters a plaque in honor of Boisy from the Broward Manpower Summer Youth Program's officials and enrollees. Mr. Kurt Ely presented to Mrs . Waiters a plaque from the Dania Housing Authority. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the minutes of the Workshop Meeting of June 28th and the Regular Meeting of July 26th. The motion was carried by all. Citizen's Comments y.. 2✓- n� y F F' t y OT`1� lr Dirk 14ax'ant Assistant City R lrtt-crs he had received from the readarDaread to otthC Commissioners the ll-- l'.a•�I. in response to his letters Dania requestingAtlantic National Y T ' in:,tal.l.ation of the new City flail telephone system. rates for the �4 ` ily Attorney Adler informed the Commission that he would prepare a ( RO."01lition acceptingDania ° of ,'JO 651.00 d Bank as the loan carrier in the amount C 5% interest per year. A mot on was then made by Commissioner Donly, seconded b `��' lIi rsch t:o adopt this Resolution a r Commissioner in the amount of $40,651 d appointing Dania IIank for this loan that: the loan a E S% interest th r'? pplication will be filedpat thertimehtheemoneyeisnt needed• The motion was carried unanimously, Mr. Clarke Walden, representing West Shore Sanitation, was present ? ` to discuss the garbage contract. Mr. Walden roneract to the Commissioners for their a presented a proposed `q Pproval, A motion was made by Commissioner Cook, seconded by CO Donly to set a Workshop Meeting formissioner 9;30 A.M.AM August 20th to discuss wry:, the garbage contract and to extend regular30 a ' August 23rd . The motion was carried by allgarbage collection until 6 • Public Hearings e a) Commissioner Donly made a motion seconded by Commissioner Hirsch to de.;y a variance request by Dorothy Baker for her property legally described as hot 10 Block 16, Town of Dlstania, located on NW 6th Ave, , " between Dania Beach Boulevard and variance would allow a duplex to be�bui.ltS If th at M1i not meet the required 6,000 sq. ft. of lotupon t a lothat does area and does not meet u the required 60 foot frontage. be Present were many citizens of Dania to request that this variance !' Bakeranted and also present was Mr. A. J. Ryan representing Mrs. After discussion continued on this variance, Commissioner Hirsch w then withdrew his second on the motion made by Commissioner Donly, Mayor Bertino passed the gavel mayor seconded to g Commissioner Hirsch and then the this variance , Commissioner Donlyfs motion to deny the request for Commissioner Hirsch declared the Public Hearing closed, the clerk di then called the roll and the motion al roll call vote: -not pass on the following Commissioner Cook - Yes Commissioner Donly _ No Commissioner Hirsch- Yes Mayor Bertino - No Commissioner Hirsch then made a motion to approve the request for this variance. The motion died for lac%. of a second. Commissioner Cook then made a motion to defer this variance until such time that there would be a died for lack of a second . full commission seated. The motion - emmissioner Hirsch then remade a motion to approve this variance, ilayor Bertino passed the gavel and seconded the motion. notion Liid not ass P on the following roll call vote; i'er:.missioner Crook Commi - Yes ConiY No Commissioner Hirsch - Yes - Mayor Bertino - No Pr°gular Meeting -? August 9, 1977 maim b) Mayor Bertino declared the Public Hearing opened on an Ordinance to approve a plat to conform with ordinance No. 100 . Plat to be known as "Powell Brothers Barge terminal" . After Attorney Adler read the title of the Ordinance, Mayor Bertino ,1 declared the Public Hearing closed and a motion was then made by Comnmissfoner Donly, seconded by Commissioner Cook to approve on first reading an Ordinance to approve plat to conform with Ord. No. 100. Proposed plat is to be known as "Powell Brothers Barge Terminal" . Subject property is all that part of the East 531.80 feet of the NP1 !; of the NW ',- of Section 35, Township 50 South, Range 42 East, lyi.ng north of the north right-of-way line of the Dania Cut-Off rf Canal , less the north 345 feet, said land situate, lying and being ` in 3roward County, Florida, together with the right of access Y . across and used for ingress znd egress of that 50 feet road right- of-way immediately adjacent to and north of the premises recited p7 above; containing ten acres more or less . Property generally *< located between NE 9th Street and the Dania Cut-Off Canal bordered on the west by Derector's South. s? lbe motion passed on the following roll call vote: 'i Commissioner Cook - Yes Commissioner Hirsch - Yes Commissioner Donly - Yes Mayor Bertino - Yes c) Mayor Bertino declared the Public Hearing opened and Mr. Momalas, representing Lum's Corporation was present to request that a variance be granted to increase an existing alcoholic beverage h License to include the sale of wine . r: Mayor Bertino then delcared the Public Hearing closed and a motion was then made by Commissioner Donly, seconded by Commissioner Hirsch to grant the request for an increase in a license from a 1. - C.O.P. t 2 - C.O.P. and grant that wine be sold as well as beer at Lum's. The motion was carried unanimously. d) Y.ayor Bertino declared the Public Hearing opened and Mr. Louis Marrone, petitioner, was present to request that approval of 1st reading of an ordinance to rezone from present RS - 8000 (residential) - RM (multi-family). Mr. Marrone requested that due to not having the benefit of a full commission his request be withdrawn until such time as there would be five commissioners present. Commissioner Donly spoke against granting to Mr. Marrone his request to withdraw from this meeting, stating that four members of the Commission are capable of making decisions. A motion was then li.ade by Commissioner Cook, seconded by Commissioner Hirsch to recognize Mr. Marrone's request to withdraw from this meeting. The motion was carried by all. Mr. Marrone realized that by withdrawing from this meeting that he would have to go through the full process before the commission could hear his request at a later .fate. e) Mayor Bertino declared the Public Hearing opened on a request to allow a duplex be built by Mr. Harry Hillard on a lot that does not meet the required 6,000 feet. Mr. Millar' stated that he would prefer to have his request heard before a full commission. Commissioner Hirsch mada a motion, seconded by Commissioner Cook t11at Mr. Hillard be allowed to come back at the next meeting. 1:egular Meeting -3- August 9, 1977 k ,5 'Phe motion did not pass on the following roll call vote: Commissioner Cook - Yes Commissioner Hirsch - Yes Commissioner Donly - No Mayor Bertino - No r4r. 11illard voluntarily withdrew his petition and a motion was then c made by Commissioner Donly seconded by Commissioner Hirsch to recognize Mr. Hillard's request to withdraw until a full commission is seated. Theouti.on passed unanimously. Mr. Hillard realized that he would ]rave to go through the full process before the Commission could heat, his request again, Commissior�Donly opened discussion on signing an agreement between the County and the City of Dania for Sun Garden Isles transfer of Water System, City Manager Lassiter informed the Commissioners of the advantages of signing this agreement and stated that there is no way the city could possibly lose any money on this agreement. Commissioner Cook made a motion, seconded by Commissioner Donly to approve the signing of the agreement between the County and the City of Dania for Sun Isles transfer of Water System. The motion passed with Commissioner Hirsch voting no. 8. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to ,?esignate Mayor Bertino as the voting delegate to the Florida League of Cities ' Annual Convention, The motion was carried unanimously. 9 . A motion was made by Commissioner Donly, seconded by Commissioner Cook to authorize City Attorney Adler to defence Richard Lund, John Thomas and Charles Grubb in the Richard Fern Suit. The motion was arried unanimously. 10. Mayor Bertino requested that the City advertise for bids for the paving of S E 2nd Avenue due to the large pot holes in that area. A motion was made by Commissioner Donly, seconded by Commissioner Cook to draw up plans and bid specs and advertise for bids for the paving of SE 2nd Ave. to Dania Beach Boulevard, The motion was carried unanimously. 11. Commissioner Cook made a motion, seconded by Commissioner Donly to approve the bills for the month of July. The motion was carried all. 12 . Mayor Bertino read the title of a Resolution on a Moratorium on special exception uses for entertainment. A motion was made by Commissioner Hirsch, seconded by Mayor Bertino, after passing the gavel, to adopt a Resolution approving a Moratorium for special exception uses for 90 days. The motion passed on the following roll call vote: Commissioner Cook - Yes Commissioner Hirsch - Yes commissioner Donly - Yes Mayor Bertino - Yes r Regular Meeting -4- August 9, 1977 `1. i j F 1 Commissioner Hirsch opened discussion on the possibli.ty of revising the sewer rates. After discussion, City Attorney Adler suggested that he would contact Mr. Stu Hartman, Bonding Agent, &A set a date with him for his report to the Commissioners and also to set a date for a workshop meeting. 1A . Emergency Item A motion was made by Commissioner Donly, seconded by Commissioner Cook to declare as an emergency authorization of an ordinance to be drawn to comply wi.th Federal Insurance Administration Rules and Regulations. The motion was carried unanimously. Building Official Littrell informed the Commissioners that in order for the City to be eligible for Federal Mortgages this ordinance must be adopted. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to instruct the City Attorney and the Building Official to draw up the necessary ordinance so that the City of Dania is in compliance with the law regulating 8 foot elevations . The motion was carried by all. Comments Mayor Bertino stated that the Commissioners should consider having City Manager Lassiter advertise for a replacement for Building Official Littrell. Commissioner Hirsch made a motion, seconded by. Commissioner to adjourn this meeting. The motion was carried by all. mayor commissioner City Clerk Auditor Regular Meeting -5- August 9, 1977 AGENDA REGULAR MEETING DANIA CITY COMMISSION AUGUST 9, 1977 8:00 P.M. Invocation by Reverend Van Arsdale, Dania Heights Baptist Church. Pledge of Allegiance. Roll Call . I , n,nrial r(r_,ulution 8 plaque presentation to the family of the late Boisy Walters. ® EXHIBIT: Resolution (forthcoming) 2. Ap1)rova1 of the minutes for the regular meetings of June 28th, and July 26th. 3. Citizen's Comments, 0 4. Final report on interest rates for installation of new city hall telephone system. APPEARANCE: Assistant City Manager Dick Marant. 5. Discussion and action of garbage contract. 6. PUBLIC HEARINGS 8: 15 p.m. or after. O a) Variance request by Dorothy Baker for her property legally described as Lot 10, Block 16, Town of Dania, located on N.W. 6th Avenue, between Dania Beach Boulevard and N.W. Ist Street. If permitted variance would allow a duplex to be built upon a lot that does not meet the required 6,000 sq. ft. of lot area and does not meet the required 60 foot frontage. O b) Possible first reading of an ordinance to approve plat to conform with Ordinance No. 100. Proposed plat is to be known as "Powell Brothers Barge Terminal". Subject property is all that part of the east 531 .80 feet of the NW4 of the NWk of Section 35, Township 50 South, Range 42 East, lying north of the north right-of-way line of the Dania Cut-Off Canal , 0 less the north 345 feet, said land situate, lying and being in Broward County, Florida, together with the right of access across and used for ingress and egress of that 50 feet road right-of-way immediately adjacent to and north of the premises recited above; containing ten acres more or less. Property generally located between N.E. 9th Street and the Dania Cut-Off Canal bordered on the west by Derecktor's South. • c) Request for variance to increase an existing alcoholic beverage license to include the sale of wine. Property is closer than 1 ,000 feet to a school or church. If granted, the variance will except this property to Section 3-4 of the City of Dania Code of Ordlances. Property is located at 45 S. Federal Highway. Lots 21 through 24 Block 23, Town of Dania. • d) Possible first reading of ordinance rezoning from present RS-8000 (residential ) to RM (multi-family) and C-2 (commercial ) the E} of the NE' of the SWk of the NW4 less the north 216 feet of Section 35, Township 50 South, Range 42 East, located at the northwest corner of N.E. 3rd Street and N.E. 7th Avenue. • e) Request for variance by Harry Hillard to allow a duplex to be built upon a lot that does not meet the required 6,000 sq. ft. of lot area and that does not meet the required 60 ft. frontage. Property being in RD-6000 (duplex) zone, and located on N.W. 4th Avenue, between N.W. 2nd Street and N.W. 3rd Street. Lot 13, Block 3, Town of Dania. • 7. Signing of approved agreement between County 8 City of Dania for Sun Garden Isles transfer of water system. EXHIBIT: Agreement. 3. Designation of voting delegate to the Florida League of Cities' Annual Convention. 0 Request authorization for City Attorney to defend Richard Lund, John Thomas and Charles Grubb in Richard Fern suit. 10. Request to advertise for bids for paving of S.E. 2nd Avenue. ® 11 . Approval of bills for the month of July. OVER � r ADDENDUM 12. Resolution declaring moratorium on special exception use for entertainment. EXHIBIT: Resolution (forthcoming) 13. Discussion on possibility of revising sewer rates. PRESENTATION: Commissioner Hirsch EMERGENCY ADDENDUM 14. Declaration of emergency. ® 15. Discussion and authorization of ordinance to be drawn to comply with Federal Insurance Administration rules and regulations. APPEARANCE: Messrs. Llttrell & Adler. 0 -;r i • y Commission Meeting Agenda -2- August 9, 1977