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HomeMy WebLinkAbout30691 - MINUTES - City Commission�t, MINUTES REGULAR MEETING DANIA CITY COMMISSION NOVEMBER9 , 1976 5 Invocation by Reverend Brabham of Dania United Methodist Church. Pledge of Allegiance. Roll Call : Present : Mayor: Robert H. Duncanson Vice Mayor: John Bertino Commissioners : Frank Adler Robert Donly John Kay City Manager: John Lassiter City Clerk: Wanda Mullikin City Attorney: Jack Milbery Police Chief: Fred Willis Zoning Consultant: Luther Sparkman Absent: Building Official: Tom Littrell (excused) Business 1. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to approve the minutes of the regular meeting of September 26th, the workshop meeting of October 25th, and the special meeting of November 1st. The motion passed unanimously. 2 . Citizens Comments Mr. David Esrick of Meadowbrook Lakes inquired about refunds on water and sewer charges . This matter will be put on the 'agenda of November 23rd. Vice Mayor Bertino spoke as a taxpayer and thanked Mr. Marant , Mr. Ely and Mr. Goodman for the great amount of time that they had put into getting the City the Block Grant. The Mayor said he would also like to thank Dave Howard for the work he had done in the early stages of preparing the Block Grant. The Mayor also thanked the Hollywood South Broward Board of Realtors for the black olive trees that they donated to the City. 3 . The Police Department presented citizen's award to the following: Mary Elliott for aiding in the capture of bank robbers and re- covery of Dania Bank' s money. Herbert Lush and John Stieferman for rescuing a man and his young daughter from the Dania Canal. 4. Vice Mayor Bertino made a motion to pass an ordinance indicating to the County that the City of Dania does not wish to put fluoride in their drinking water. The motion died for lack of a second. The City Engineer was asked to expand on his report that he had prepared for the previous meeting and bring it back to the Commission for their next meeting. The Mayor asked that a resolution authorizing expenditure of funds for this project also be prepared for the next meeting. 5 . Dania Days Celebration A motion was made by Commissioner Adler, seconded by Vice Mayor Bertino to approve the rides at Frost Park contingent on the certificate of insurance and inspection fees. The motion passed unanimously. h . Agreement with DOT Department of Transportation plans to put 14-400 watt sodium lights between Dixie Highway and Sheridan Street on U. S. 01 and wants the City to assume the cost of the lighting, the maintenance of the grass, etc. , which the City already does. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to table this until a report is prepared by the City Engineer on ri y the cost of maintaining the street lights and moving the utilities. u4 The motion passed unanimously. u 8 . Public Hearings �Y `F a) Consideration and possible action on a plat approval and possible rezoning assignment from Rl-A, R-1 and R-2 Zoning Class- ' ification to the new RS-6000 Zoning Classification to conform to Ordinance #100. Subject property - between S.E. 3rd Avenue on -, 'i the west, S. E. 7th Street on the north and Southeast loth StreetN on the south. A motion was made by- Commissioner Donly, seconded by Vice Mayor Bertino to continue this until the next meeting. The motion passed unanimously. b) Consideration and possible action on a plat approval and ` i possible rezoning from the present R-IA Zoning Classification to the new RS-6000 zoning classification to conform to Ordinance :? #100 . Subject property generally located between S.E. 5th Street ;p on the north, S.E. 7th Street on the south and S.E. 4th Avenue r on the east. A motion was made by Commissioner Donly, seconded «:? by Vice Mayor Bertino to continue this until the next meeting. The motion passed unanimously. c) Consideration and possible action on a request for special exception use to allow entertainment upon the premises known as the Hut Bar at 329 S. W. 13th Street. Request by owner, Anders S.P. Muller. Mr. Allan Morgan represented Mr. Muller. Vice Mayor Bertino made a motion, seconded by Commissioner Donly to deny this special exception use. The motion passed unanimously. Nancy Bebon read a letter from her parents objecting to this use. The Mayor presented two other letters of objection that he had received. d) Consideration and possible action on a request for a rezoning and special exception use to allow the sale of gasoline and related automotive products on a self-serve basis and a variance to allow the sale of beer and wine within 1000 feet of a church. Subject property is 141-143 South Federal Highway. The petitioner withdrew the sale of gasoline and automotive parts from the request. The Mayor read a letter of objection from Reverend Brabham of the United Methodist Church with a petition. A.J. Ryan was present representing the petitioner, Pic-N-Pay Supermarkets. A represent- ative of Sunshine Villas also presented an objection. Mr. Colucci also objected. A motion was made by Commissioner Adler, seconded by Mayor Duncanson as he passed the gavel, to approve this variance . Commissioner Kay said he would have to abstain from voting because of a possible conflict of interest. The motion passed. Mayor Duncanson-yes Commissioner Donly-no Vice Mayor Bertino-yes Commissioner Kay-abstained Commissioner Adler-yes e) Consideration and possible action on a request for a special exception use to allow a convenien alk-in ice cream store at an existing service station at 1 N Federal Highway. Attorney Dickson Thomas represented Mobil Oil. Mr. Phillip Brown, Development Manager of Mobil Oil was also present. A motion was made by Commissioner Adler, seconded by Commissioner Kay to grant a special exception use to sell ice cream in conjunction with the sale of gasoline in compliance with parking requirements. Mayor Duncanson-yes Commissioner Donly-no Vice Mayor Bertino-no Commissioner Kay-yes Commissioner Adler-yes The motion passed. City Commission Minutes -2- November 9, 1976 r.; c t f) Consideration and possible action on an ordinance on second reading assessing an additional amount of $1. 00 court cost to s every person convicted for a violation of State Penal, Criminal Statute, Traffic Infraction or of a County or Municipal ordinance to be used for training purposes. A motion was made by Commissioner Donly, seconded by Commissioner Kay to pass on second reading an ordinance assessing an additional $1. 00 court cost to all fines for training purposes. The motion passed. Mayor Duncanson-yes Commissioner Donly-yes Vice Mayor Bertino-yes Commissioner Kay-yes Commissioner Adler-yes g) Consideration and possible action on an ordinance on second reading providing authority for the City Commission to adopt by resolution a payment schedule for Special Assessments. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to pass on second reading the ordinance providing authority for the City Commission to adopt by resolution a payment schedule for Special Assessments. The motion passed. Mayor Duncanson-yes Commissioner Donly-yes Vice Mayor Bertino-yes Commissioner Kay-yes Commissioner Adler-no 9 . Bid Receipts a) Consideration and possible action on bids received for one vehicle for the Fire Department and 4 vehicles for the Police Department. A motion was made by Commissioner Adler, seconded by Commissioner Kay to close and open the bids for the Police and Fire Department vehicles. The vote was unanimous. A bid submitted was opened before the meeting since it was not marked- Bid Proposal-on the envelope. Therefore, a motion was made by Commissioner Adler, seconded by Vice Mayor Bertino, to exclude the bid as it was not addressed properly. There were four ayes , Commissioner Kay voted no. The motion passed. General Chry-Ply. $4 ,740. 40 Hollywood Ford $4,493. 00 Ed Morse Chev. $4,326. 10 Hollywood Ford $4,820. 00 LTD Colonial Pon. $4,372 . 74 Bill Kelley Chev. $4,391.57 Tally Embry Ford $4, 588 . 75 for 1977/Tally Embry Ford $4,364. 75 for '76 A motion was made by Commissioner Adler, seconded by Commissioner Kay to turn the bids over to the City Manager for his tabulation and recommendation. The motion passed unanimously. b) Consideration and possible action on bids received for one year communication maintenance contract. A motion was made by Vice Mayor Bertino, seconded by Commissioner Donly to close and open the bids . The motion passed unanimously. Two bids received: Motorola Communications - $439. 85 Gabriel Communication - $323. 65 A motion was made by Commissioner Adler, seconded by Vice Mayor Bertino to turn the bids over to the City Manager for his tab- ulation and recommendation. The motion passed unanimously. 10. Appointments a) A motion was made by Commissioner Kay, seconded by Commissioner Adler to appoint George Shahood as the City's prosecutor. Mayor Duncanson-no Commissioner Donly-no Vice Mayor Bertino-no Commissioner Kay-yes Commissioner Adler-yes The motion failed. City Commission Minutes -3- November 9 , 1976 �a 1 T. v A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to appoint Clayton Wilkes as City Prosecutor. The motion passed unanimously. b) A motion was made by Commissioner Adler, seconded by Commissioner Donly to appoint Mr. J. T. Stuart as a member of the Planning and Zoning Board to replace Miss Jean Cook. The vote was unanimous . c ) A motion was made by Commissioner Donly, seconded by Commissioner Adler to appoint by resolution Fire Chief Eugene Jewell as Civil Defense Director. The motion passed unanimously. 11. A motion was made by Commissioner Kay, seconded by Commissioner Adler, to authorize Vice Mayor Bertino, Commissioner Donly and any other Commissioner or City Manager Lassiter if they should choose to go to the National League of Cities' Convention in Denver. The motion passed unanimously. 12 . Boat Wash Machine A proposal from W.F. Grover Co. , Inc. had been received or the purchase of a coin operated boat-car wash at Houston Park. A motion was made by Vice Mayor Bertino, seconded by Commissioner Kay to advertise for bids for the purchase of a coin operated boat-car wash at Houston Park. The motion passed unanimously. 13. Resolutions a) Camp Blanding. A motion was made by Commissioner Adler, seconded by Commissioner Kay to pass the resolution requesting the County to relinquish the Camp Blanding Water System to the City of Dania at no cost to the City. The motion passed unanimously. b) Consideration and possible action on a resolution providing that the Special Assessment levied July 27, 1976, Resolution #158 is amended to provide that certain areas in Hollywood Center amended a/k/a Dania Highlands shall be assessed by Lot number and in annual installments not to exceed ten years. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to pass this resolution. There were four ayes, Commissioner Adler voted no. c) A motion was made by Vice Mayor Bertino, seconded by Commissioner Kay to pass the resolution voicing concern and objections of the City Commission in regard to any proposed increase of Workmens Compensation fee rates. The motion passed unanimously. d) A motion was made by Commissioner Adler, seconded by Commissioner Kay to pass the resolution relinquishing drainage reservations on Lot 1, Block 6, Florian Isles to the Central and Southern Florida Flood Control District. The motion passed unanimously. 14. Ordinance-First reading A motion was made by Vice Mayor Bertino, seconded by Commissioner Donly to pass on first reading the ordinance amending Ordinance #62, Sec. 31-22. The motion passed. Mayor Duncanson-yes Commissioner Donly-yes Vice Mayor Bertino-yes Commissioner Kay-yes Commissioner Adler-yes 15. A motion was made by Vice Mayor Bertino, seconded by Commissioner t Donly to declare an emergency the hiring of an architect since applications have to be signed by the architect and sent in on November 10th. The vote was unanimous. A motion was made by i City Commission Minutes -4- November 9 , 1976 Commissioner Kay, seconded by Vice Mayor Bertino to hire Mr. Gross and Mr. Farina to sign the assurances and check the application over, and for the City to pay them for the work at a fair and equitable fee. The motion passed on a 4-1 vote, Commissioner Donly voted no. A motion was made by Commissioner Kay, seconded by Vice Mayor Bertino to authorize the City Manager to begin the process of the Competitive Negotiations Act and advertise tomorrow for proposals to be submitted to the City in the shortest time allowed by law. The vote was unanimous. 16. A motion was made by Commissioner Kay, seconded by Commissioner Donly to adopt the resolution to the Department of Transportation on the one-way pairing of U. S. #1. If such a proposal is carried out that the present right-of-way along U. S. #1 would be vacated to the City. The resolution passed on a 3-2 vote , with Commissioner Adler and Vice Mayor Bertino-voting no. 17. Robert Dubow' s name was submitted to the Mayor by Commissioner Kay as his appointment to the Dania Housing Authority. The Mayor said he would not accept Mr. Dubow's name until he received in writing, clarification of Mr. Dubow' s relation to the property in question with the Authority. 18. A motion was made by Commissioner Donly, seconded by Commissioner Kay to commit the City that they will acquire the property by condemnation if they don't already own it. The motion passed unanimously. If there be any title defects they will condemn the property. This property is for the Public {Works Act application. Mayor-Commissioner City Clerk City Commission -6- November 9, 1976 e.17 --- r 7 NOTICE OF PUBLIC HEARING FOR SPECIAL EXCEPTION USE REQUEST PZ-30-76 The City Commission of the City of Dania, Florida, on November 9, 1976, at 8:15 p.m• or after will hear and decide a requested special exception use to allow entertainment upon the premises known as the Hut Bar located at 329 S.W. 13th Street; legally described as Lot 16, 17 &! 18# Block 19, North Hollywood Subdivision, Dania, Florida. This use Is requested by Anders S.P. Muller, owner of the Hut Bar. Wanda Mullikin, City Clerk Vie NOTE: PZ-30-76 WILL APPEAR ON Z74 THE AGENDA OF THE PLANNING & ZONING BOARD FOR THEIR MEETING OF NOVEMBER 2, 1976, 7:30 P14 FOR THEIR RECOMMENDATION TO THE CITY COMMISSION 00 NrT .1 L L5'. Aw. 14 ST S :I �_ �zx�itt ���i#ei3 �Ie#I�n�i�# QZl�itrcl� 71R S. E. FIRST AVENUE DANIA, FLORIDA 33004 JOHN R. BRABHAM. Pastor Telephone 922.4447 4H S.E. 7th Street 922.0701 November 9, 1976 Mr. Robert Duncanson, Mayor City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Dear Mr. Duncansons We at Dania United Methodist Church have been advised by registered letter of the public hearing tonight in the matter of granting a variance to allow a convenience store to sell beer and wine within 1,000 feet of our Church. While I realize that we cannot legislate the morals of people, I do feel that the sale of beer and wine that close to our Church would be detrimental. I personally am opposed to the granting of this variance because I feel that it will only open the door to other businesses that will want to sell alcoholic beverages around our Church. This matter was discussed at the regular meeting of our Administrat- ive Board on Monday, November 8, 1976, and it was voted to send a petit- ion opposing the granting of the variance. The names listed on the att- ached sheet are members of the Administrative Board and were present at the meeting. It was also felt that this outlet for the sale of beer and wine, especially if it were open on Sunday, would be in direct opposition to what many of us in the United Methodist Church Stand for and believe. We respectfully request that the City Commission not grant the variance. May God's richest blessings be with you and yours always. Yours in His service, John He Brabham IJe, the undersigned, do hereby request the City Commission not to grant the variance by a convenience store to sell beer and wine at a location within 1,000 feet of Dania United Methodist Church@ r� c �Gw ` nmiksac�t ,� s 318 S. id. 14th Street Dania, Florida 33004 Ilovember 9, 1976 Dania City Commission Dania, Florida Dear Sirs: As the owners of a residence on Lot 6, Block 19, North Hollywood Subdivision, we request that the Dania City Commission deny the Special Exception Use re- quest permitting entertainment at the Hut Bar owned by Anders P. Muller. ',!e feel there would be violations of the Special Exception Use Code of the Planning and Zoning Board of the City of Dania if the request is allowed. We therefore protest, for the following reasons: 1. Inadequate off-street parking. 2 . Inadequate landscaping and screening. 3. Safety hazards created by additional traffic entering and exiting the adjacent alley and street. i:. Additional noise created by patrons of the Hut Bar, such as loud ar;ving, use of profanity, and noisy cars and motorcycles. '.dithin the past year it has been necessary for the police to be called on :,a.,rrl occasions, including: 1. Persons on foot and in cars loitering around the premises and in the alley. 2. Shooting incident inside the bar, resulting in a police chase, damage to a telephone pole, and involvement by the fire and sheriffs depart- ments. Considering the aforementioned reasons, we trust the Commission will deny the request to permit entertainment at the Hut Bar. Yours truly Jloseph Bebon Lv...�,,.�,G�-- ✓PLC: fi�"`"i mna Bebon AGENDA REGULAR MEETING DANIA CITY COMMISSION NOVEMBER 9,1976 8:00 p.m. INVOCATION PLEDGE OP ALLEGIANCE ROLL CALL BUSINESS 1. Approval of minutes Regular meeting - Sept. 26,1976 Workshop meeting - Oct. 25,1976 Special meeting - Nov. 1,1976 2. Citizens Comments. 3. Presentation of Citizens awards by Police Dept. 4. Discussion and possible action on Fluoridation of water. Exhibit: Letter from Betty Lee S. Consideration and possible action on entering into an agreement with D.O.T. for 1) Street Lighting, 2) Moving utilities, 3) Maintenance of grass and trees between curb and sidewalk along US 1 and 4) Maintenance of traffic signals. 6. Public Hearings a) Consideration and possible action on a plat approval and possible rezoning assignment from R1-A, R-1 and R-2 Zoning Classification to the new RS-6000 Zoning Classification to conform to Ordinance #100. Subject property - between S.E. 3rd Avenue on the West, S.E. 7th St. on the North and S.E. 10th St. on the South. b) Consideration and possible action on a Plat approval and possible rezoning from the present R-lA Zoning Classification to the new RS-6000 Zoning Classification to conform to Ordinance #100. Subject property generally located between S.E. 5th Street on the North, S.E. 7th St. on the South and S .E. 4th Avenue on the East. c) Consideration and possible action on a request for special ex- ception use to allow entertainment upon the premises known as the Hut Bar located at 329 S.W. 13th Street. Request by owner of Bar, Anders S .P. Muller. d) Consideration and possible action on a request for a rezoning and special exception use to allow the sale of gasoline and related automotive products on a self-serve basis and a variance to allow the sale of beer and wine within 1000 feet of a Church. Subject property - 241-143 So. Federal Highway. e) Consideration and possible action on a request for a special exception use to allow a convenience walk-in ice cream store at an existing service station. Subject property- 1 North Federal Highway f) Consideration and possible action on an ordinance on second reading assessing an additional amount of $1.00 court cost to every person convicted for a violation of State Penal, Criminal Statute, Traffic Lnfraction or of a County or municipal ordinance to be used for training purposes . Exhibit: Ordinance (previously distributed) D S � y y) Consideration and possible action on an ordinance on second • reading providing authority for the City Commission to adopt by resolution a payment schedule for Special Assessments, Exhibit: Ordinance (previously distributed) 7. Bid Receipts a) Consideration and possible action on bids received for one vehicle for the fire dept. and 4 vehicles for the police dept. b) Consideration and possible action on bids received for one year communication maintenance contract. 8. Appointments 8 a) Consideration and possible action on appointing a City Prosecutor E°w for the City of Dania, " b) Consideration and possible action on appointing a member to the Planning and Zoning Board to fill the vacancy left by Miss Jean Cook. �`a> RS c) Consideration and possible action on appointing a Civil Defense ' Director. a 9. Consideration and possible action on authorization by Commission for Vice Mayor Bertino and Commissioner Donly to attend the National League of Cities in Denver. 10. Boat Wash Machine Cons id era tion an possible action on proposal by W.F. Glover Co. Inc, for the purchase of a Coin Operated Boat-Car Wash for Houston Park. Exhibit: Memo from A. Tomaini,Parks Director 11. Resolutions : a) Consideration and possible action on a resolution requesting the County to relinquish the Camp Blanding water system to the City of Dania. Exhibit: Resolution (forthcoming) b) Consideration and possible action on a resolution providing that the Special Assessment levied July 27,1976, Resolution #158 is amended to provide that certain areas in Hollywood Center amended a/k/a Dania Highlands shall be assessed by Lot number and in annual installments not to exceed ten years. Exhibit: Resolution c) Consideration and possible action on a resolution voicing concern and objections of the City Commission in regard to any proposed in- crease of Workmens Compensation fee rates. Exhibit: Resolution d) Consideration and possible action on a resolution relinquishing drainage reservations on Lot 1, Blk 6, Florian Isles to the Central and Southern Fla. Flood Control District. Exhibit: Resolution (forthcoming) 12. Ordinance - First Reading Consideration And osse a action on an ordinance amending Ordinance #62 Section 31-22. Exhibit: Letter from Julian Allen, Utilities Supt. Ordinance (forthcoming) ADDENDUM 11 . Request from Chamber of Commerce for rides at Frost Park November 26 , 27 & 28, Part of Dania Day Celebration. 14. Consideration and possible action on hiring architectural and engineering firms for the purpose of building a new City Hall addition and renovation under the L.P.W. Act. ,y City Commission Agenda -2- November 9, 1976 ADDENDUM REGULAR MEETING DANIA CITY COMMISSION NOVEMBER 9, 1976 15 . Discussion and resolution to DOT on one-way pairing of U.S . #1 . i 16 . Appointment to Housing Authority . Y 's r 0