The URL can be used to link to this page

Home My WebLink About30719 - MINUTES - City Commission 4 MINUTES REGULAR MEETING DANIA CITY COMMISSION JUNE 1,1976 Invocation by Reverend Milton Jones, Sr. , St. Ruth's Baptist Church Pledge of Allegiance Roll Call: Present Mayor Robert Duncanson Vice Mayor John Bertino Commissioners : Frank Adler Robert Donly -John Kay City Manager John Kooser City Attorney Jack Milbery City Clerk Wanda Mullikin Police Chief: Fred Willis Building official Thomas Littrell Zoning Consultant Luther Sparkman BUSINESS 1. Minutes Commissioner Donly made a motion, seconded by Vice Mayor Bertino, to approve the minutes of the workshop meeting of May 5, the regular meeting of May 18th and the special meeting of May 19,1976. Motion passed unanimously. 2. Citizens Comments: There were no citizens comments. 3. Public Hearings: a) Mayor Duncanson declared the public hearing open on a request for a variance concerning Lot 7, Blk. 46, North Hollywood, also known as 24 S .W. 13th Street. Building Official Littrell explained that this variance would allow an existing four units to remain on a lot which is in R-3 zoning and large enough for 3 units. Commissioner Donly made a motion, seconded by Commissioner Adler to continue the public hearing until the next meeting. Motion failed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino no Commissioner Donly yes Commissioner Kay no Mayor Duncanson no Commissioner Kay made a motion, seconded by Vice Mayor Bertino, to deny this variance and have the property revert back to the original duplex. After much discussion and due to the fact that the petitioner was not present, Commissioner Kay withdrew his motion to deny and made a motion to table until the end of the meeting in order to give the petitioner time to appear. Commissioner Donly seconded the motion and it passed on the following roll call vote: City Commission -1- June 1,1976 Commissioner Adler yes Vice Mayor Bertino no Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes At the end of the meeting, even though the petitioner did not appear, Commissioner Kay made a motion to continue this public hearing until the June 16,1976 meeting. Motion sec- onded by Commissioner Donly and passed with Vice Mayor Bertino voting no. b) Mayor Duncanson declared the public hearing open to hear a petition for re-zoning Lots 2,3, & 10, Blk. 2, Victory Heights, also known as 410 S.W. 3rd Street from B-2 to M-1. This petition was denied by the Planning and Zoning Board. Attorney A.J. Ryan, representing the petitioner, Frank Mirrer Corp. , asked that this public hearing be continued until the July 13 meeting. Commissioner Donly moved to continue the public hearing but the motion died for lack of a second. Attorney A.J. Ryan then asked that this request for re- zoning be withdrawn without prejudice. A motion to accept this withdrawal without prejudice was made by Commissioner Kay, 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 Since the addendum to the agenda pertained to Lot 3 of this same property, the Commission decided to act on it at this time. Attorney A.J. Ryan presented a request from the petitioner for an exceptional use of the building located on Lot 3 as a paint and shop. There were several citizens who voiced their objections to this . City Attorney Milbery stated that in his opinion this should be a request for re-zoning to M-1. After further discussion, Vice Mayor Bertino made a motion, seconded by Commissioner Donly, to deny this variance. Motion passed on the following roll call vote: Commissioner Adler no Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay no Mayor Duncanson yes c) Commissioner Adler made a motion, seconded by Commissioner Kay, to grant a variance to St. Ruth's Baptist Church to allow increased seating without additional off street parking. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes City Commission -2- June 1,1976 AMER d) Police Chief Willis presented a proposed plan on the one-way pairing of Dixie Highway and S.W. 4th Avenue and a portion of S. W. 13th Street. After discussion and objections by Fire Chief John Lassiter, Sr. , v and William Brooks, Commissioner Adler made a motion, seconded by Commissioner Kay to keep S.W. 4th Avenue and Dixie Highway exactly as it is. Motion passed unanimously. Commissioner Kay suggested that the decision of making S.W. 13th Street one-way be left up to the administration and or Police Chief, who, under the City Charter, has this power. r: Commissioner Adler made a motion, seconded by Commissioner Donly that this item be brought back to the Commission after all the people on S.W. 13th Street from Dixie Highway to Federal Highway have been notified as to what is proposed so that they might appear and voice their opinions . Motion 4v passed unanimously. e) Commissioner Adler made a motion, seconded by Commissioner Donly to pass on second reading the ordinance authorizing "U the City Commission to issue promissory obligations to be repaid within 120 months and not to exceed $200,000.00 at a rate of interest not to exceed 1% above the prime interest '. rate at the time of the loan. Motion passed on the following .y roll call vote: Commissioner Adler yesj Vice Mayor Bertino no Commissioner Donly yes Commissioner Kay no Mayor Duncanson yes f) Consideration of approving a resolution confirming an assessment roll for Improvement #4-76 on S.E. 5th Avenue between S.E. 3rd Place and Sheridan Street and S.E. 4th Terrace from S.E. 3rd Avenue to S.E. 5th Avenue was con- tinued from the May 18,1976 meeting. A representative from Broome and Farina, City's Engineers, appeared to attest to the fact that this construction was done according to the specifications. However, on a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the commission decided to continue the public hearing until the June 16,1976 meeting leaving time for City Manager Kooser to review the necessity of boring tests and present to the commission at that time. 4. Planning and Zoning On a motion by Commissioner Adler, seconded by Commissioner Kay, the commission granted the request for a permit to perform work in an M-1 zone by Interamerican Engineering Corp. at property fronting Taylor Road as long as they comply with requirements of the building department. 5. Ordinances: a) On a motion by Vice Mayor Bertino, seconded by Commissioner Adler, the commission tabled the public hearing and second reading of an ordinance approving the plat of "Royal Palm Vista East" until June 16,1976. The administration is to check with the plat owner as to an additional 51 of right- of-way on 5th Avenue in order to have a 601 street. City Commission -3- June 1,1976 b) Vice Mayor Bertino made a motion, seconded by Commissioner Adler to approve an ordinance on 1st reading setting the regular meetings of the commission 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 c) Commissioner Adler made a motion, seconded by Commissioner Kay to approve on lst reading an ordinance amending revenues and appropriations for the 75-76•Fiscal Year Budget. 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) City Attorney Milbery presented an ordinance for first reading modifying the sewer billing procedure providing that rates charged for sewer system shall be levied only after issuance of a Certificate of Occupancy for a building or a lesser portion of the building. Commissioner Adler made a motion, seconded by Vice Mayor Bertino, to amend this to read 'only after and to such extent that a Certificate of Occupancy is issued— of r a ui cing or a lessor portion of a building". Motion passed unanimously. The commission passed the ordinance on first reading as amended on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes e) Commissioner Kay made a motion, seconded by Commissioner Donly to adopt on first reading an 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 f) After discussion, Commissioner Adler made a motion, seconded by Commissioner Donly to adopt on first reading, an ordinance designating the Broward County Planning Council as the local planning agency for the City of Dania in compliance with the State law requiring that this be done by July 1,1976. Motion passed on the following roll call vote: Commissioner Adler yes Vice Mayor Bertino no Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes City Commission -4- June 1,1976 6 . Bid Opening n" 'n Due to the fact that there were no bids received for the repair of the Fire Dept. roof, Commissioner Adler made a motion, seconded have City Manager Kooser get three in- by Commissioner Donly, to formal proposals and submit to the Commission at the next meeting. Motion passed unanimously. 7. Port Everglades Foreign Trade Zone r, Commissioner Adler made a motion, seconded by Commissioner Donly, to adopt a resolution supporting a Foreign Trade Zone in Port >, w Everglades . Motion passed unanimously. �X 8. City Auditors Commissioner Kay made a motion, seconded by Commissioner Adler ' to reinstate the Audit firm of Joseph Spina for the 1975-76 fiscal year as per Mr. Spina's request. Motion passed with Commissioner Donly voting no. s 9. Beach Grill h City Manager Kooser presented a request by Greg Sitzman to pro- vide for a new lease of the Dania Beach Grill. V Mr. Sitzman explained his position in this matter. After discussion, the Commission decided that it might be more profitable to the City to put it out for bids when the existing lease terminates . 10 . Sunshine Citizen's Band Radio Club Jamboree Members of the Sunshine Citizens Band Radio Club were present to present their request to hold a jamboree at Dania Hi-Li palace on July 3-4, 1976. City Manager Kooser pointed out that the only problem was that the city code prohibits the parking of recreational vehicles of this type for more than 6 hours . Commissioner Adler made a motion, seconded by Commissioner Donly, to waive the restriction of 6 hours and grant permission for the C.B. Club to hold this jamboree subject to the require- ments set forth by the Building Official. Vice Mayor Bertino thought that in order to do this properly, the commission should have City Attorney Milbery prepare an emergency ordinance for adoption on first and second reading at the June 16th meeting amending the code. Commissioner Adler amended his original motion to include this and the motion as amended passed unanimously. 11. Board Appointments a) On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the commission adopted a resolution appointing Mrs. Archibal Black to the DARCOM board. b) On a motion by Vice Mayor Bertino, seconded by Commissioner Donly, the commission approved a resolution appointing Mr. Pete Prossic, Mr. Tom Illowicki, Ms. Ruby Litensky, and Police Chief Fred Willis to the Airport Liason Committee. City Commission -5- June 1,1976 :tiu c) Due to the fact that Mrs. Veta Mae Peterman had previously been appointed by the City to the E.O.C.G. Board, Commissioner Donly asked to have his name withdrawn and Mrs. Peterman's reinstated. Vice Mayor Bertino made a motion, seconded by Commissioner Donly, to grant this request. Motion passed unanimously. 12. Purchases A & B) City Manager Kooser requested that the consideration of the purchase of a new police patrol boat and a front- end loader be continued until the next meeting. Commissioner Donly made a motion to table this until the June 16,1976 meeting. Motion passed unanimously. c) City Manager Kooser recommended that the city award the ' the bid for the new rescue vehicle to Starline Enter- prises of Sanford, Fla. in the amount of $18,538.35. Vice Mayor Bertino made a motion, seconded by Commissioner Donly to accept the City Manager's recommendation. Motion passed unanimously. 13. Federation of Public Employees Mr. Walter Brown, representative of the Federation of Public Employees, appeared before the commission to request that PPE be granted voluntary recognition as the bargaining agent for employees of the Public Works Dept. City Manager Kooser recommended that the commission reject both voluntary or consent election recognition procedures requested by PPE to represent only public works employees and that the City approach PERC for an administrative hearing to provide a ruling in this matter. A motion was made by Vice Mayor Bertino, seconded by Commissioner Donly to accept the City Manager's recommendation. Motion passed with Commissioner Donly voting no. o er uncanson-mayor Wanda Mullikin - City Clerk F;: City Commission -6- June 1,1976 AGENDA REGULAR MEETING DANIA CITY COMMISSION JUNE 1, 1976 8 :00 P.M. Invocation by Reverend Milton Jones, Sr. , St. Ruth' s Baptist Church. 4 fi. Pledge of Allegiance. Roll Call Business 1. Approval of minutes May 5th workshop meeting May 18th regular meeting May 19th special meeting p 2. Citizens Comments 3. Public Hearings petition for variance (PZ-7-76) a. Consideration of a p North Hollywood, also concerning Lot 7 , Block 46 , petition is known as 24 Southwest 13th Street. The of the City Code for a variance to ordinanceoNo3239. This variance would as amended by byis allow four units to be constructed on aro lot hlbeing large enough for these units; subjectp ertunanimously in an R-3 zone. This item was approved by the Planning and Zoning Board at its meeting of May 11th, 1976 b. Consideration of a petition for rezoning (PZ-13-76) concerning Lots 2 , 3 & 10 Block 25 Victory Heights Subdivision also known as 410 S.W. 3rd Street, from thepresent B-2 zone to an M-1 zone. Petition was denied unanimously- C. Consideration of a petition for variance (PZ-14-76) Sub- concerning Lots 1 & 4 , Block 7, Town of Dania Sub- division, also known as 145 N.W. 5th Avenue, St. Ruth Baptist Church. The petition is for a variance to Section 32-281 (c) of the Dania Zoning Code. This variance would allow increased seating withoraddit- ional off-street eaP This item was approved unanimously by the Planning Zoning Board at its .,11 1976 meeting of May 1976. EXHIBIT: Planning and Zoning Board minutes May 11, d. Consideration of a proposal to provide a one-way Q, pairing of Dixie Highway and S.W. 4th Avenue and related work on S.W. 13th Street. e. Public Hearing and second reading of an ordinance authorizing the City Commission to issue promissory obligations to be repaid within a period O exceed 120 months, setting an interest rate not to exceed 1% above the current (at the time of the loan) prime interest rate premium per annum and placing a limit on the total of such promissory obligations that may be outstanding at any one time, and limiting security therefore to a purchase money lien or 8 mortgage interest, and repealing Part VII, Article 4, of the Charter of the City, entitled " Anticipation Time Warrants" . This ordinance was adopted on 1st reading by the City Commission on May 4th, 1976 . EXHIBIT: Proposed Ordinance. f. Continuation from the Commission meeting of May 18 , 19769 of a public hearing and consideration of a resolution of continuation of an assessment roll for the construction S.E. 5th Avenue between S.E. 3rd Place and Sheridan Street i and S.E. 4th Terrace from S.E. 3rd Avenue to S.E. 5th Avenue: Improvement #4-76. EXHIBIT: City Manager's Memo # 342 Y AGENDA REGULAR MEETING DANIA CITY COMMISSION JUNE 1, 1976 8 :00 P.M. �rm VI Invocation by Reverend Milton Jones , Sr. , St. Ruth's Baptist Church. Pledge of Allegiance . ' Roll Call J d Business 1. Approval of minutes May 5th workshop meeting May 18th regular meeting May 19th special meeting 2 . Citizens Comments 3 . Public Hearings a . Consideration of a petition for variance (PZ-7-76) concerning Lot 7, Block 46 , North Hollywood, also r known as 24 Southwest 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 these units; subject property being in an R-3 zone . This item was approved unanimously by the Planning and Zoning Board at its meeting of May llth, 1976 b. Consideration of a petition for rezoning (PZ-13-76 ) concerning Lots 2 , 3 8 10 Block 2 , Victory Heights Subdivision also known as 410 S.W. 3rd Street, from thepresent B-2 zone to an M-1 zone. Petition was denied unanimously. C. Consideration of a petition for variance (PZ-14-76 ) concerning Lots 1 8 4, Block 7, Town of Dania Sub- division, also known as 145 N.W. 5th Avenue, St. Ruth Baptist Church. The petition is for a variance to 1 Section 32-281 (c) of the Dania Zoning Code. This variance would allow increased seating without addit- ional off-street parking. This item was approved unanimously by the Planning and Zoning Board at its meeting of May 11, 1976. EXHIBIT : Planning and Zoning Board minutes May 11, 1976 . d. Consideration of a proposal to provide a one-way pairing of Dixie Highway and S.W. 4th Avenue and related work on S.W. 13th Street. e. Public Hearing and second reading of an ordinance authorizing the City Commission to issue promissory obligations to be repaid within a period not to exceed 120 months, setting an interest rate not to exceed 1% above the current (at the time of the loan) prime interest rate premium per annum and placing a limit on the total of such promissory obligations that may be outstanding at any one time, and limiting security therefore to a purchase money lien or mortgage interest, and repealing Part VII, Article 4, of the Charter of the City, entitled " Anticipation Time Warrants" . This ordinance was adopted on 1st reading by the City Commission on May 4th, 1976 . EXHIBIT: Proposed Ordinance. f. Continuation from the Commission meeting of May 18, 19769 of a public hearing and consideration of a resolution of continuation of an assessment roll for the construction S. E. 5th Avenue between S.E. 3rd Place and Sheridan Street and S.E. 4th Terrace from S.E. 3rd Avenue to S.E. 5th Avenue : Improvement #4-76. EXHIBIT: City Manager's Memo # 342 z B ® 4 . Planning 6 Zonis Consideration of a request for a permit to perform work in an M-1 zone by Interamerican Engineering Corp at property fronting Taylor Road. EXHIBIT: Planning 6 Zoning minutes of May 11, 1976 #6 . 9 5 . Ordinance a. Second reading of an ordinance approving a plat known as "Royal Palm Vista East" - a subdivision of the E331 of the SET of the SWk of the NWT less .the South B1. 6 ' and less the cost 25 ' of Section 35, Township 50 South ® Range 42 east , Dania, Florida. ,Approved on first reading/public hearing on May 4, 1976. EXHIBIT: Proposed ordinance (previously distributed) b. First reading of an ordinance setting the regular meetings ® of the City Commission to the second and fourth Tuesdays of each month. C. First reading of an ordinance amending appropriations for the General Fund for FY 75-6. 9 EXHIBIT: Proposed ordinance. d. First reading of an ordinance modifying sewer billing procedure and providing that only business and residential unitswhich have been issued a certificate of occupancy shall be required to pay monthly sewer charges. EXHIBIT: Proposed ordinance. e. First reading of an ordinance approving a plat known as the "Scotto Plat" located at the corner of S.W. loth S"Pet and South Federal Highway. This plat was pre- liminarily approved by the Planning and Zoning Board on May 11, 1976. Legal : Sec. 3 , TWP 51 South Range 42East. EXHIBIT: Proposed ordinance. f. First reading of an ordinance designating a local planning agency for the City. EXHIBIT: City Manager's Memo #343 Proposed Ordinance. ® G . Bid Opening Opening of bids on a project for the repair of the Fire Department roof. 7 . Port Everglades Foreign Trade Zone ® Consideration of a resolution in support of Foreign Trade Zone in Port Everglades. EXHIBIT: City Manager' s Memo # 344 APPEARANCE: A representative from Port Everglades. City Auditors Request for reinstatement for the FY 75-6 audit by the firm of Joseph Spina. EXHIBIT: Letter from Joseph P. Spina. City Commmission Agenda -2- June 1, 1976 A rid 9 . Beach Grill Consideration of a request by Greg Sitzman to provide for a new lease of the Dania Beach Grill. EXHIBIT: City Manager' s Memo # au5 10 . Sunshine Citizen' s Band Radio Club Jamboree Considerti.on of a request by the Sunshine CB Club of P. 0. Box 6419, Hollywood, Florida to hold a jamboree at Dania Hi-Li Palace on July 3-4, 1976. EXHIBIT: Letter of May 21st, 1976 , Sunshine CB Club. 11. Board Appointments Consideration of resolutions providing for the following appointments: a. Dania Architectural Review Commission-Mrs . Archibal Black b. Airport Liason Committee-Mr. Peter Prossic Mr. Tom Ilowiecki Ms. Ruby Litinsky Chief Fred Willis c. Economic Opportunity Coordinating Group-consideration of a new appointment. 12. Purchases a. Consideration of awarding a bid for the purchase of a police patrol boat and appropriate financing. EXHIBIT: City Manager' s Memo # 346 b. Consideration of a new financial arrangement to purchase a front-end loader. EXHIBIT: City Manager' s Memo # 347 C. Consideration of awarding a bid for the purchase of a new fire rescue vehicle. EXHIBIT: City Manager's Memo # 348 13. Federation of Public Employees Consideration of a request by the Federation of Public Employees to represent employees in the Public Works Department. EXHIBIT: City Manager's Memo # 349 ADDENDUM 4 . Planning & Zoning b. Consideration of a request to use lots 2 , 3 & 10, Block 2 Victory Heights Subdivision as a paint and body shop. ( City Code Section 32-13) EXHIBIT: Letter from A.J. Ryan, Jr. dated May 17, 1976 . City Commission Agenda -3- June 1, 1976 t