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HomeMy WebLinkAbout30717 - MINUTES - City Commission MINUTES REGULAR MEETING DANIA CITY COMMISSION JUNE 16, 1976 Invocation by City Clerk Wanda Mullikin fledge of Allegiance Root Call: Present Mayor Robert Dmmcanaon Vice Mayor John Bertino Commissioners Frank Adler Robert Donly John Kay City Manager John Kooser City Attorney Jack Mitbery City Clerk Wanda Mullikin Building Official Thomas Littrelt Zoning Consultant Luther Sparkman Absent Police Chief Fred Willis (vacation) BUSINESS i . Minutes un a motion by Commissioner Donly, seconded by Commissioner Adler, the commission unanimously approved the minutes of the June 1, 1976, regular meeting and June 9, special meeting. 2, Citizen's Comments Mayor Duncanson read a letter from William Mauger, Principal of Dania Elementary School„ to Army Tomaini, Recreation Director, for all his help and cooperation during the school's outing. Mayor Duncanson announced the meeting of the Broward County Erosion Prevention Dfs- trict Advisory- Committee to be June 22, at 10 a.m. , Room 250 in the courthouse. Mr. Price of 140 North Federal Highway complained about the NE First Avenue area becoming a slum area. City Manager Kooser was asked to check into this matter to get it cleaned up. Paul Damerac asked why he was taxed 100% of his water for sewer. The Mayor ex- ptained that this charge was set up in the ordinance this way. ?lr. Demarac recommended to the City Commission that they consider improving the street markers designating the streets in the City. He has had numerous complaints from tourists as to the difficulty in finding streets. City Manager Kooser was asked to look into the possibility of antiquing and improving these markers. ?, Enernencv Ordinance Coamirsioner Donly made a motion, seconded by Vice Mayor Bertino to declare as an ems r� cncy, an ordinance providing procedures for obtaining a variance to the pro- of Chapter 29, City Code dealing with the parking of recreational vehicles. :'(,,tioij passed on the following roll call vote: Cor,,rmissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes c:nmmissioner Kay yes Mayor Duncanson yea City Commission -1- June 16, 1976 Commissioner Donly made a motion to pass the ordinance on first and second readings. I•lotion was seconded by Commissioner Adler and passed on first reading on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mavor Duncanson yes Passed on second reading on the following roll call vote: Commissioner AdLer yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes i,. Sunshine CB Club Jamboree Commissioner Adler made a motion to grant the request by the Sunshine CB Club to hold a jamboree at the Dania Jail Alai palace on July 3 & 4, L976. Motion was seconded by Commissioner Kay and passed unanimously. 5, Public Hearing The public hearing to consider a variance concerning Lot 7, Block 46, North Hollywood subdivision, also known as 24 SW 13th Street, which would allow the existing four units to remain on a lot only large enough for 3 units was continued from the June 1 :meeting. Mr. Atamaniuk, petitioner, appeared before the Commission to explain his position in this matter. rafter further discussion, Commissioner Kay made a motion, seconded by Commissioner Don!), to deny this request and to order the building turned back into the original clup!px. Motion passed unanimously. Mr. Littrell was asked to follow through with this, malting sure that all building code requirements are complied with. 6. Ordinance Second readine Vice Mayor Bertino made a motion, seconded by Commissioner Donl.y to approve the amendment to an ordinance approve the Royal palm Vista East plat increasing the road right-of-way. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yea Commissioner Kay yes Mayor Duncanson yes Commissioner Donly made a motion, seconded by Vice Mayor Bertino to adopt the ordinance as amended on second and final reading. Motion passed on the following roll call vote: Commissioner Adler yes Vice PLayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes City Commission -2- June 16, 1976 7. Ordinances - 7nd reading & Public Hearings a) Vice Mayor Bertino made a motion, seconded by Commissioner Key to adopt on second and final reading the ordinance setting the regular City Commission meetings on the second and fourth Tuesdays of each month. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes h) Commissioner Donly made a motion, seconded by Vice Mayor Bertino to adopt an ordinance on second and final reading amending appropriations and revenues for the general fund for fiscal year 75-76. notion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes c) Vice Mayor Bertino made a motion, seconded by Commissioner Donly to adopt an ordinance on second and final reading modifying sewer billing procedures and providing that only businesses and residential units which have been issued a certificate of occupancy shall be required to pay monthly sewer charges. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes d) Commissioner Adler made a motion, seconded by Commissioner Donly to adopt on second and final reading the ordinance approving the Scotto Plat. Motion passed on the following roll call vote. Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes c) Commissioner Donly made a motion, seconded by Vice Mayor Bertino to table the public hearing and consideration of adopting on second reading the ordinance designating the Broward County Planning Council as the local planning agency for the City of Dania. The motion failed on the following roll call vote: Commissioner Adler w Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay no Mayor Duncanson no !,o=, issioner Adler Chen made a motion, seconded by Commissioner Kay to adopt this ,r9in3nce on second and final reading. Motion passed on the following roll call Me. Commissioner Adler yes Vice Mayor Bertino no Commissioner Donly no Cn=issioner Kay yes :.ayor Duncanson yes .i ! . +�a�issien -3- June 16, 1976 R. Public Work - Public Hearing The public hearing for consideration of adopting a resolution confirming the assess- ment roil for Improvement #4-76 of SE Fifth Avenue and Fourth Terrace was continued from the June 1 meeting. Since the boring tests on the aubgrade were not yet com- pleted, Commissioner Kay made a motion, seconded by Commissioner Donly to continue this public hearing until the July 13 meeting until the boring tests and fill factor could be completed. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes 9. Public Hearing - Federal Revenue Sharing City Manager Kooser presented a copy of the Federal Revenue Sharing Planned Use Report for entitlement #7 for the period of July 1, 1976 through December. 31, 1976, and recommended that the full amount of 83,217 be submitted for use under Public safety for the new fire truck. Commissioner Adler made a motion that the commission accept City Manager Kooser's recommendation. Motion was seconded by Commissioner Donly and passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes !O.a) The new proposed zoning ordinance amending Ordinance #51. was presented for consideration on first reading. Since there were a few areas that had to be reviewed, Vice Mayor Bertino made a motion, seconded by Commissioner Donly to table this until the July 13, 1976 meeting and set up a workshop meeting for June 22 to discuss the areas in question. Motion passed unanimously. b) City Manager Kooser presented an ordinance amending Ordinance #358 providing for the regulation of vehicles for hire as set forth in Chapter 30 of the City of Dania Code of Ordinances. Commissioner Adler made a motion, seconded by Commissioner Donly to pass the ordinance on first reading. City Manager Kooser then recommended that clue to the detailed requirements of this ordinance that the City not adopt this ordinance and relinquish this power to the county. Motion failed on the following roll call vote automatically relinquishing this power to the county: Commissioner Adler no Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay no Mayor Duncanson no ! 1 . Housing Authority City Manager Kooser presented for consideration a resolution declaring the need for an establishment of a Housing Authority for the City of Dania. After much discussion pro and con, Commissioner Donly made a motion to adopt this resolution. Mayor Duncanson, after passing the gavel , seconded the motion. Motion failed on the following roll cal! vote: Commissioner Adler no Vice Mayor Bertino no . City Commission -4- June 16, 1976 i Commissioner Donly yes Commissioner Kay no Mayor Duncanson yes 12. Mr. Ron Rothaus owner of a business in Miami who setts cemetery markers, appeared before the commission to request, that the City modify the charge of $125 for installing markers purchased outside of the City of Dania, Vice Mayor Bertino made n motion, seconded by Commissioner Donly to have the City Manager to re-evacuate the existing charges for installation as soon as possible and bring in line with other cemeteries. Motion passed unanimously. 13. On a motion by Commissioner Donly, seconded by Commissioner Adler, the commis- sion awarded the bid for a new police patrol boat to correct craft in the amount of 7,298. Motion passed unanimously. 14 . Railroad Crossines City Manager Kooser presented to the commission for consideration, an agreement between the City of Dania and the FEC Railroad to provide crossing protection devices at NW First Street, west of Dania Beach Boulevard and SB Second Street. Mayor Duncanson, after passing the gavel to Vice Mayor Bertino, made a motion to enter into this agreement if the FEC agrees to the changes proposed by the'Xity. Motion was seconded by Commissioner Kay and passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay no Mayor Duncanson yes 15 . Employee Health Insurance City Manager Kooser presented a recommendation from the insurance committee to advertise for bids for another health insurance policy due to the fact that the existing policy premium is being increased and the benefits are not satisfactory. Commissioner Donly made a motion, seconded by Commissioner Kay to accept the In- surance Committee's recommendation and advertise for bids. Motion passed unanimously. 16. Community Development City Manager Kooser presented a request from Vice Mayor Bertino to consider the possibility of developing a wayside park on city property bounded by the C-10 canal on the south and east, Stirling Road on the north and the City of Hollywood on the west, The commission had previously granted permission for this property to be used for storing abandoned automobiles throughout the city. Mr. James Connor, now operating a car parts business from the property, appeared to explain to the commission that he had merely continued the business after the original operator died. The commission explained to Mr. Connor that this type of business could not be operated on City property. On a motion by Vice Mayor Bertino, seconded by Commissioner Adler, the commission decided to give Mr. Connor until the end of 1976 to clear this property of those automobiles. Motion passed unanimously. Cis•; Plnnager Kooser was asked to check to see if the City's insurance would cover am• type of injo ry that may occur on the property and inform Mr. Connor as to whether he could continue to operate until the end of the year. Cite Commission -5- June 11.6, 1976 l: y • O S 17. On a motion by Commissioner Adler, seconded by Commissioner Donly, the commission voted unanimously to approve the bills as paid for the month of May. 18. Board appointments On a motion by Vice Mayor Berti.no, seconded by Commissioner Donly the commission unanimously appointed Mr. Murray Sackett to the Airport Laison Committee. 19, Police Patrol Boat City `tanager Kooser presented for consideration a resolution to authorize the execution of a promissory note with the Dania Bank for the purpose of financing a police patrol boat within the provision of Ordinance •90. Commissioner Adler made a motion, seconded by Commissioner Donly, to adopt this resolution. Motion passed unanimously. 20. Railroad crossing rates / City Manager Kooser presented for consideration a resolution to authorize the execution of a promissory note to be negotiated with the EEC Railway for the purpose of financing traffic gates with the terms of the City's agreement with EEC as follows: ut interest in t anCommissionerual mKatemaderatnotion,installment seconded by Commissioner year after execution of the note. Y Donly to adopt this resolution. Motion passed unanimously. Commission Comments Commissioner Kay inquired as to the status of the condemned building on NE Second Street and Third Avenue. Commissioner Adler informed the City that Y-tOO had a $2,000,000 liability insurance policy and wanted to know if this would be satisfactory. The general opinion of the commission was that this would be satisfactory. City Manager Kooser was asked to work this out with Y-100. Robert uncanson, mayor Wan a Mfu iTcin - City lerc City Commission -6- June 16, 1976 AGENDA REGULAR MEETING DANIA CITY COMMISSION JUNE 16 , 1976 8 : 00 P.M. Invocation by Reverend John R. Brabham, Dania United Methodist Church. Pledge of Allegiance. Roll Call. Business 1. Approval of minutes Regular meeting of June lst. Special meeting of June 9th. 2 . Citizens Comments 3 . Emergency Ordinance Consideration of an ordinance to provide procedures for obtaining a variance to the provisions of Chapter 29 of the City Code. This ordinance is proposed to be consid- ered on an emergency basis for 1st and 2nd readings. 4 . Sunshine Citizens Band Radio Club Jamboree Consideration of a request by the Sunshine CB Club of P. O. Box 6419, Hollywood, Florida to hold a jamboree at Dania Hi-Li Palace on July 3-4, 1976. 5 . Plannii onin goP uba 1piec Hea,ringn dZtion tition for variance (PZ-7-76) concerning Lot 7 , Block 46 , North Hollywood, also known as 24 S.W. 13th Street. The petition is for a variance to Section 32-135 .1 of the City Code as amended by Ordinance No. 39. This variance would allow four units to be constructed on a lot which is large enough for three units. Subject property being in an R-3 zone. This item was tabled from the meeting of June 1, 1976, as there was no representation by the property owner. 6 . Ordinance-Second Reading Second reading of an ordinance approving a plat known as "Royal Palm Vista East" - a subdivision of the E;1 of the SEk of the SA of the NA less the South 131. 601 and less the East 25 ' of Section 35 , Township 50 South, Range 42 East, with a lot size variance to Section 32-81 of the Dania Zoning Code. This item was tabled from the meeting of June 1, 1976. 7 . Ordinances-Second Reading and Public Hearing a. Second reading and public hearing of an ordinance setting the regular meetings of the City Commission on the second and fourth Tuesdays of each month. First reading of this ordinance was held on June 1, 1976. b. Second reading and public hearing of an ordinance amending appropriation for the General Fund for FY 75-76. First reading of this ordinance was held on June 1, 1976 . C. Second reading and public hearing of an ordinance modifying sewer billing procedures and providing that only businesses and residential units which have been issued a certification of occupancy shall be required to pay monthly sewer charges. First reading was held on June 1, 1976 . d. Second reading and public hearing of an ordinance approving a plat known as the "Scotto Plat" located at the corner of S.W. loth Street and South Federal Highway. First reading was held on June 1, 1976. e. Second reading and public hearing of an ordinance desig- nating a local planning agency for the City. First reading was held on June 1, 1976. f 0 . Public Works-Public Hearing Continuation from the Commission meeting of June 1, 1976 , i?7 ? of a public hearing and consideration of a resolution of confirmation of an assessment roll for the construction of S.E. 5th Avenue between S.E. 3rd Place and Sheridan Street :B and S. E. 4th Terrace from S.E. 3rd Avenue to S.E. 5th Avenue: Iera Improvement #4-76 . 9 . Fedl Revenue Sharing-Public Hearing ,.:- Consideration of the proposed Planned Use Report Report for the use of Federal Revenue Sharing Funds for Entitlement Period 7 - July 1 , 1976 , through December 31, 1976. The City will be receiving $83 , 217 during this period. EXHIBIT: City Manager' s Memo #374 f 10 . Ordinances-First Reading a. Consideration of an ordinance amending Ordinance No. 51 ,;. entitled "An ordinance of the City of Dania, Broward a' County, Florida, to promote the health, safety, morals and general welfare of the inhabitants of the City of `= Dania, amending zoning Ordinance 51, as amended, including .:. t � the amended zoning map made a part of said ordinance, which said ordinance is entitled "An ordinance to promote the health, safety, morals and general welfare of the inhabitants of the City of Dania, Florida; to facilitate the adequate provision of transportation, sewerage, water, schools, parks, and other public requirements to regulate and restrict the location and use of buildings, structures, land and water for trade, residence or other purpose; to regulate and restrict the erection, construction, reconstruction or alternation of buildings ; to regulate and restrict the height, number of stories and size of all buildings and structures, and the size of all yards and other open spaces surrounding buildings; to regulate and restrict the density of population, and for all said purposes to divide the City into districts of such number, shape and area as may be best suited to carry out these regulations and amendments; to provide for its enforcement providing for special exceptions and variances in event of hardship, and providing penalties for the violation hereof" , and which said ordinance, as amended, is fully set forth in Chapter 33 of the Code of Ordinances, City of Dania, Florida, entitled "Zoning and Planning" ; repealing all ordinances or parts of ordinances in conflict herewith, and providing when this ordinance shall become effective. " b. Consideration of an ordinance amending Ordinance No. 358 providing for the regulation of vehicles for hire, as set forth in Chapter 30 of the Code of Ordinances, City of Dania, Florida, entitled "Vehicles for Hire" - repealing all ordinances or parts of ordinances in conflict herewith, and providing when this ordinance shall become effective. 11. Housing Authority Considerat on of a resolution declaring the need for an establishment of a Housing Authority for the City of Dania. 12. Cemetery Marker Policy Consideration of a request for modification of the policy concerning charges for cemetery plot markers and when they are not purchased through the City. EXHIBIT: City Manager' s Memo # 375. APPEARANCE: Mr. Rothaus. 13 . Purchases Consideration of award of a bid for the purchase of a new police patrol boat. EXHIBIT: City Manager Memo #376 CTTY COhtMISSIO14 AGENDA -2- JUNE 16, 1976 sum 14 . Railroad Crossings Consideration of a proposed agreement between the City and Florida East Coast Railway to provide crossing protection devices at Northwest First Street , West Dania Beach Boulevard and Southwest Second Street (Stirling Road) . EXHIBIT: City Manager's Memo #377. 15 . Em to ee Health Insurance Consideration of a request to advertise for bids for Employee Health Insurance . EXHIBIT : City Manager's Memo #378. 16 . Community Development Consideration of a proposal to 'develop a City park on City property bounded by the C-10 Canal on the south and east, Stirling Road on the north and the City of Hollywood on the west. EXHIBIT : City Manager's Memo #379. 17 . Bills for the month of May. ADDENDUM 18 . Board Appointments Consi3eration or appointments to the Airport Liaison Committee. 19 . Police Patrol Boat Consideration of a resolution to authorize the execution of a ® promissory note with the Dania Bank for the purpose of financing a police patrol boat within the provisions of Ordinance 90. 20 . Railroad Crossing Gates Consideration of a resolution to authorize the execution of a promissory note to be negotiated with the Florida East Coast Railway for the purpose of financing traffic gates under the terms of the City s agreement with Florida East Coast as follows; 8% interest in five (5) annual installments, first installment due one year after execution of the note. 4 s. CITY COMMISSION AGENDA -$- JUNE 169 1976