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HomeMy WebLinkAbout30635 - MINUTES - City Commission MINUTES REGULAR MEETING DANIA CITY COMMISSION JULY 12, 1977 invocation by Richard Marant, Assistant City Manager. Pledge of Allegiance. Poll Call Present: Mayor: John Bertino Vice Mayor: James Adams Commissioners: Jean Cook Howard Hirsch City Manager: John S. Lassiter, Sr. City Attorney: Frank Adler Deputy Police Chief: Rudy Rigo Building Official: Thomas E. Littrell Zoning Consultant: Luther Sparkman Absent: Commissioner: Robert Donly City Clerk: Wanda Mullikin (vacations) A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to excuse Commissioner Donly from this meeting. The motion was carried by all. 1. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the Minutes of the Regular Meeting of June .27th, the Special Meeting of June 28th and the Workshop Meeting of July 6th. 2. Citizen's Comments Attorney Clarke Walden was present representing Marie E. Miele and Mr. Walden requested that the Commission make arrangements to remove fill that was dumped on property owned by Ms. Miele in the summer of 1976. Ms . Miele has been notified by the Army Corps of Engineers that if the fill is not removed within a short time she will be fined $10,000.00 per day. The Commission will discuss this situation at a Special Meeting called for July 15, 1977 at 9:00 A.M. Clarke Walden also spoke to the Commission regarding the Utility Tax on the Sanitary Sewer System which Mr. Walden stated is an illegal tax. The Commissioners instructed City Attorney Adler to check into this matter and also what could be done to raise revenue if this tax will be rescinded. Peter Morales was present to ask the Commission what was being done to remove no parking signs on the back streets . The Commissioners authorized City Manager Lassiter to have a crearemove the signs . Citizens of Dania were in the audience to express to the Commission their, dissatisfaction with the water and sewer bills they have jest received . Mayor Bertino instructed the audience that if they felt their bill is inaccurate to check with the water department at city hall. Michael Jones , representing the Dania Business Society, read to the Commission a proposed ordinance that would re- instate parking on U.S. 1. City Attorney Adler informed Mr. Jones that under State Statute it w,i ; up to the State to re-instate parking and that the Commission woul,l lrive to be notified by the state D.O.T. before an ordinance could be adopted. City Attorney Adler requested to the commission that they designate What areas they would want to have parking restored in and then he could notify the D.O.T. and request that these designated areas have parking restored. Tom Sette representing the Dania Chamber of Commerce requested that he be placed on the agenda for the rbgular meeting of July 24, 1977. Attorney Clarke Walden .epresenting Mr. Zell Skinner owner of Cozy Cove Marine was present to request an adjustment on Cozy Cove Mar�na'c Sewer Assessment. A motion was made by Commissioner Cook that the city commission assess Cozy Cove Marine 300 feet on Federal Highway, the assessment to be paid with 6% interest through June 1, 1970 and waive assessment on N E 3rd Street of 410 feet and all penalties and leaving the plat as is in one parcel, per written agreement, that he will keep'. it this way for 30 years . The motion did not pass for lac:: of second. After discussion, Commissioner Cook restated her motion, seconded by Commissioner Hirsch that the city assess Cozy Cove Marina 400 feet on N E 3rd Street at $6 .10 per lineal foot, making this in the form of a resoultion, and waving all other assessments and interest on the other 300 feet on Federal Highway, with interest of 6% through June 1, 1970 and also to leave in plat of one parcel for 30 years. The moi:ion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - No 4 . Richard Marant, Assistant City Manager, reported to the Commission on the progress of the construction of the new city hall. Mr. Marant informed the commission that construction is moving as expected and considering the problem on the first pour of concrete that caused the columns to be removed this has not detained construction. Mr. John Mayer, General Contractor, has info_med Mr. Marant that he anticipates the project to be complete in mid-December. Architect Jeffrey Gross reported to the commission that the project is 24% complete A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to close the bidding and authorize City Manager Lassiter to open the b:rls received on: 1-1971 formula boat 1716" with 165 hp Mercruiser engine and outdrive 1-1973 Joh­.son 8S hp outboard long shft, electric start 1-1969 Chrysler runabout 16' boat 3-1973 Plymai:itSatellites 1-1972 Plymouth Fury ' h•- motion was carried by all. iry Manager Lassiter read the following bids: Sobert Wi� iner: AAA Auto Salvage: Mac's Towing Service 1 - Police Boat 1973 Johnson 85 Hp. Engine All above items 1. - Chrysler Outboard Boat I - Outboard engine Total $4'.0.00 Total $225.00 Total $1,627.00 !: a ilar [Meeting -2- July 12, 1977 }. Auk a) Mr. Kor',Ik wds present to request that a special exception be granted P for the p opening 5� Purpose of o enin an amusement center comprised of �0 m more machines of games of skills and amusement for people over the age of 17. i, c Building Official Littrell informed the Commission that the request has met all the requirements and the reason for the variance is because his property is 300 feet f(em Dania Elementary. Mr. Littrell stated that the Zoning Board voter) unanimously to deny this request. Present: in the audience were several members of the community requesting that the commissioners deny this variance. After, passing the gavel, Mayor Bertino made a motion, seconded by Commissioner Hirsch to deny the request for approval of a variance and special exception use for property located at 265 S . Federal Highway, legally described as Lots 3, 4 & 5, less the East 60 feet and the North 5 feet of Lot 6 Less the East 60 feet, Larsen's subdivision. The motion was carried by all. 6 b) After City Attorney Adler read the title of. the ordinance, Mayor Bertino declared the Public Hearing closed and Commissioner Adams made a motion, seconded by Commissioner Hirsch to adopt on first reading the request for olat approval 'for Sea-Aire Ill to conform to Qrd . 100 of property located 140E'tl of Tdylur Road, approximately one-half mile east of U.S. 1, legally described as the East 323.76 feet of the East '*a of the NWk of the SW14; of Section 26, Township 50 South, Range 42 East. The motion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes 6 c) Mayor Bertino declared the Public Hearing closed and after the title of the ordinance was read a motion was made by Commissioner Hirsch, seconded b,,, Commissioner Adams to adopt on first reading of Sea-Aire }/a the request for plat approval to conform to Ordinance 100 of property located south of Taylor Road, approximately one-half mile East of US 1, legally described as the East 100 feet of the West 43.438 feet of the North 465.600 feet of the SWk of Section 26, Township 50 South, Range 42 East less the North 30 feet thereof. The :notion passed on the following roll call vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes f,d) Mayor Bertino declared the Public Hearing closed and Commissioner Hirsch made a motion, seconded by , Commissioner Cook to adopt on first reading a request for approval of a variance allowing an existing carport tnhich is 21.7 feet from the front porperty line, to be enclosed. Property is located at 224 SE 6th St. and legally described as the 36.6' of Lot 20 and the West 17.4' of Lot 21, Block 1 South Dania Heights amended . The motion passed on the following roll cal vote: Commissioner Adams - Yes Commissioner Hirsch - Yes Commissioner Cook - Yes Mayor Bertino - Yes E uular tieeting -3- July 12, 1977 d�rK t motion wa made by Commissioner Hirscli, seconded by Commissioner Cool< to defer a request to rezone from RS 8000 (residential) to RM (Piulti-family)fi y) and C-2 (commercial) to r:onstruet apartment building and a commercial building on the property located at the northwest corner on M E 3rd "treat and 7th Avenue to the planning and zoning board for their approval. The motion was carried by all. _` f ) A motion was made by Commissioner Hirsch seconded by Commissioner nok to defer approval of a variance to increase an existing alcoholic b verage license to include the sale of wine, located at 45 South Pedr,ral Highway legally described as Lots 21 through 24, Block 239 's Town of Dania to the Pl The anning and Zoning Board for their approval. *, motion was carried by all. A motion was made by Commissioner Cook, seconded by Commissioner 1 Ilirsch to instruct City Attorney Adler to re-write Item 7 on this agenda (Amendment to Article 5 Section 5.17 - existing single ' I and ly development Article A Page 29) and to bring it to the Planning and Zoning Board for approval and then brought back to the Commission. The motion was carried by all. r: � . Richard Marant, Assistant City Manager, reported to the Commission that he is still negotiating with the Atlantic National Bank, and the ' Dania Bank for the best possible interest rate for the new telephone s system for city },all. Er 1- A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to table the signing of the Traffic Engineering Agreement with Broward County until the next regular meeting. 10. A motion was made by Commissioner Cook, seconded by Commissioner Adams to refund to Lawrence W. Marks the amount of $35.00 to cover a fine and court cost. The motion was carried by all. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the bills for the month of June. The motion was carried by all. Addendum 12. A motion was made by Commissioner Cook, seconded by Commissioner Adams to reimburse Broward Manpower Council the sum of $2,873.30 in Title II Funds and $1,839.34 in Title VI Funds. The motion was carried by all. 13. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve Bob Kaplan's appointment to the Police & Fire Committee. The motion was carried by all. 14. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to have Mayor Bertino sign a Resolution opposing the County take-over of Emergency Medical Services in the City of Dania . The motion was carried by all. Comments L,Isy Waiters asked the Commission to place discussion of .the H. A. Is Fin. Report on the agenda of the Special Meeting called for Friday, July 15th. I'lie Commissioners commended the members of the Dania Housing Authority or a job well done. `fire Dania Business Society requested re-instatement of parking or] Federal Highway between North 1st Street and South 1st Street allowing for a restriction of parking between 7 & 9 A.M. and l - 6 P.14. Monday through Friday. :-regular Meeting _4_ July 12, 1977 'I'1ie Commission suggested that discussion continue on parking on Federal Highway at the special Meeting July 15, 1977 at 9:00 A.M. Commissioner Cook requested that City Manager Lassiter look into the matter of necessary equipment needed for Reverend Van Arsdale sinre he has been appointed the chaplain for the Police and Fire Depar'tu.ents . City Manager Lassiter informed Commissioner Hirsch that the present water ordinance should be worked over. M^eting adjourned. . yor - ommissioner city ClercT-- Auditor Regular Meeting -5- July 12, 1977 kti'"e x AGENDA REGULAR MEETING 7 DANIA CITY COMMISSION ® JULY 12, 1977 `. 8:00 P.M. Invocation. ® Pledge of Allegiance. Roll Call . 1. Approval of minutes from the regular meeting of June 27th, the special meeting =` of June 28th and the workshop meeting of July 6th. 2. Citizens ' comments. 3. Cozy Cove's sewer assessment. LFw'. APPEARANCE: Mr. Clarke Walden representing Mr.' Zell Skinner ® 4. Dick Marant, Assistant to the City Manager will report on the progress of the new City Hall construction. APPEARANCE: Representative from Garden Commercial Builders, Inc. & i Architect Jeffrey Gross ,:a a t# 5. Opening of bids on the following surplus equipment: 1-1971 formula boat 17' 6" with 165 hp mercruiser engine and outdrive; 1-1973 Johnson 85 hp outboard long tr'=; shaft, electric start; 1-1969 Chrysler runabout 16' boat; 3-1973 Plymouth Satellites and 1-1972 Plymouth Fury. 6. 3: 15 P.M. or, after a Request approval of a variance and special exception use for property ® located at 265 S. Federal Highway, legally described as Lots 3, 4 & 5, less the East 60 feet and the North 5 feet of Lot 6 less the East 60 feet, Larsen's Subdivision. A special exception is requested to allow entertainment upon the subject property. Special exception use, if granted, would require a variance to Section 10-12 (c) of the City of Dania Code of Ordinances. The request is for an amusement center comprised of 50 or more machines of games of skill and amusement. In order for this special exception to be granted, a variance permitting such an establishment to be closer than 300 feet to a school ground would be required. b) Request for plat approval to conform to Ordinance 100 of property located north of Taylor Road, approximately one-half mile east of U.S. H1, legally described as the East 323.76 feet of the E� of the NW; of the SWJa of Section 26, Township 50 South, Range 42 East. c) Request for plat approval to conform to Ordinance 100 of property located south of Taylor Road, approximately one-half mile east of U.S. H1, legally described as the East 100 feet of the West 433.438 feet of the North 465.600 feet of the SWr; of the SW; of Section 26, Township 50 South, Range 42 East, less the North 30 feet thereof. d) Request approval of a variance, if permitted would allow an existing carport which is 21.7 feet from the front property line, to be enclosed. The required front yard setback is 25 feet. Subject property being in an i RS-6000 (residential) zone. Property is located at 224 SE 6th Street, legally described as the E 36.6' of Lot 20 and the West 17.4' of Lot 21, Block 1, South Dania Heights Amended. Petitioners Richard & JoAnn Sobczak. e) Request approval to rezone from RS-8000 (residential ) to RM (multi-family) and C-2 (commercial ) to construct apartment buildings and a commercial building ® on the property located at the northwest corner of NE 3rd Street and 7th Avenue, legally described as the E; of the NE, of the SW; of the NW; less the N 216' of Section 35, Township 50 South, Range 42 East. f) Request approval of a variance to increase an existing alcoholic beverage license to include the sale of wine, located at 45 South Federal Highway, A legally described as Lots 21 through 24, Block 23, Town of Dania. Subject property is closer than 1000 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 Ordinances. :y 01- 7. The Planning and Zoning Board at their special meeting of June 21st passed a motion to recommend to the City Commission that an amendment be made to Article 5, Section 5.17 - Existing Single Family Development, Article A, page 29 to read under front and rear yards - "No structure shall be added on to unless said addition maintains a front yard of 20 foot front yard shall conform to the existing setback. 3. Report from Dick Marant on the interest rate on the loan for the new telephone system for City Hall . 9. Opinion from the City Attorney on the signing of the traffic engineering agreement with Broward County. 10. Consideration and possible action on the City's refund on fine and court cost. 11. Approval of bills for the month of June. ADDENDUM 12. Recommendation from City Attorney concerning 1975 Manpower audit. 13. Approval of Bob Kaplan's appointment to the Police & Fire Committee. 14. Resolution on County take-over of Emergency Medical Services. EXHIBIT: Resolution forthcoming S O Regular Commission Meeting Agenda -2- July 12, 1977