HomeMy WebLinkAbout30777 - MINUTES - City Commissionpie
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MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
M JULY 7, 1975
r 1. Invocation was given by Reverend Van Arsdale.
r4° 2. Pledge of Allegiance.
3. Roll Call : Present:
,•.. . Mayor:
Robert Duncanson al
Vice Mayor: John Bertino
;1f C
k�ry Commissioners: Robert Donly
John Kay
® City Manager: Woodward Hampton ;
City Attorney: Jack Milbery +'
Deputy City Clerk: Charlene Moore
r� Police Chief: Fred Willis
y5r1' Building Inspector: Thomas Littrell
R` Zoning Consultant: Luther Sparkman
Absent: ht
Commissioner: Frank Adler (excused due to illness) '
City Clerk: Wanda Mullikin (on vacation)
a 4. On a motion by Commissioner Kay, seconded by Commissioner Donly, the Commission
unanimously voted to approve the minutes of the meetings of June 16 and June 18
as corrected.
5. On a motion by Commissioner Kay, seconded by Vice Mayor Bertino, the Commission
• y approved pproved the bills as paid for the month of June.
6. There were no Citizen's Comments.
7. City Attorney Milbery read by title the Ordinance rezoning the property located
3t 48 SW andlthe Weste20' ofrLotn5, less)thehSoutha15' ofrall ,oBlockn43, North Holl
• from R-3 to C-2 zoning classification. This was the first reading of this Ordinances
Mayor Duncanson opened the Public Hearing on this Ordinance, and read a petition
dated 5/19/75, signed by 14 people, opposed to the rezoning based on the fact that
it would cause traffic congestion in a now peaceful residential area. He read
another petition, dated 7/4/75, stating the same objections signed by 5 people.
• Building Inspector Littrell affirmed that this Public Hearing has now been publicly
advertised according to the Commission's wishes. John Eck, Vice President of Norge
Realty, spoke to the Commission to say that the type of building that is planned is
a high class medical and/or legal office building and clothing store(s). The architect
for Norge, John May, outlined the parking plans. Clarke Walden, attorney for the
estate of Mary Zanetti and also representing himself as a surrounding property owner,
• stated his legal objections to the spot zoning of this property. He asked for a
show of hands from those people in the audience that were opposed to the rezoning.
Mayor Duncanson then asked for comments from anyone who was in favor of the rezoning.
Ceasar Favarato voiced his opinion that some progress is needed in the area in
question, and he is in favor of the rezoning. Mayor Duncanson then read a letter
from her. & Mrs. Joseph Tavares opposed to the rezoning. Mayor Duncanson stated that
• the Commission has really gotten the feelings of the public on this matter at this
meeting, and their vote will respond to the public opinion. Commissioner Kay made
a motion, seconded by Commissioner Donly, to deny Norge Realty's petition for rezoning
and not to pass this Ordinance. The vote was unanimous as follows:
Vice Mayor Bertino yes
• Commissioner Donly yes
Commissioner Kay yes
Mayor Duncanson yes
City Commission -1- July 7, 1975
B. Dave Howard spoke to the Commission on the need for expansion of T-Y Park and possible
consideration of Pirate' s World or another site for this expansion, and requested the
Commission's feelings on this subject. Mayor Duncanson stated his thoughts on this,
and in summary he felt that it would be advantageous to Dania to have a park nearby.
Mr. Howard was asked several questions on the planning if Pirate's World is obtained,
but explained that the Park Board' s thinking had not gone this far as yet. He said
that there is going to be a meeting of the Board on Thursday of this week, and he
would like to see a letter from the Dania City Commission read at this meeting stating
its opinion. Vice Mayor Bertino made a motion that City Manager Hampton be instructed
to send such a letter favoring Pirate's World. The Commission then talked of other
areas that might be just as good for park development, and unanimously voted to reword
® the letter to the Board to favor nearby park development and not specify any one area
in particular.
9. City Attorney Milbery read the Ordinance by title for the approval of the amendments
to the General Employees Pension Plan. These amendments to the Plan have been made
without the Commission's formal authorization, and it has been deemed necessary to
0 accept these amendments by Ordinance for them to be legal . On a motion by Commissioner
Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to pass this
Ir' Ordinance on first reading, the vote being as follows:
Vice Mayor Bertino yes
is Commissioner Donly yes
® Commissioner Kay yes
Mayor Duncanson yes
City Attorney Milbery was instructed to set a date and advertise this Ordinance for
second reading.
0 10. City Attorney Milbery read for the first time the Ordinance changing the beach parking
fees to $1.00 per vehicle. Mayor Duncanson said he had received a letter from Clarke
Walden attorney for the lessee of the fishing pier, questioning the legality of charging
a fee, and gave the letter to City Attorney Milbery to research. Commissioner Donly
made a motion, seconded by Vice Mayor Bertino, to accept the parking fee change.
Clarke Walden spoke in length summarizing his opinion regarding the $1.00 charge
® and asking that its effect on the pier lessee be spelled out in the Ordinance. City
Attorney Milbery advised against this because if there is a change in the contract
the Ordinance would have to be changed. After much discussion about the use of beach
revenue and parking facilities, the Commission unanimously voted to pass this Ordinance
on first reading, roll call being as follows:
0 Vice Mayor Bertino yes
Commissioner Donly yes
Commissioner Kay yes
Mayor Duncanson yes
11. City Attorney Milbery read by title the Ordinance adopting a Minimum Housing Code.
0 On a motion by Commissioner Kay, seconded by Vice Mayor Bertino, the Commission
unanimously voted to adopt this Ordinance on second and final reading, roll call
being as follows:
Vice Mayor Bertino yes
Commissioner Donly yes
0 Commissioner Kay yes
Mayor Duncanson yes
12. City Attorney Milbery read by title the Ordinance establishing an Architectural
Review Board. On a motion by Vice Mayor Bertino, seconded by Commissioner Donly,
the Commission unanimously voted to adopt this Ordinance on second and final reading,
roll call being as follows:
Vice Mayor Bertino yes
Commissioner Donly yes
Commissioner Kay yes
Mayor Duncanson yes
City Commission -2- July 7, 1975
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13. City Attorney Milbery read by title the Ordinance amending the South Florida Building `r
Code, with respect to the demolition or repairs of unsafe buildings. On a motion by cx
Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted
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to adopt this Ordinance on second and final reading, roll call being as follows:
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Vice Mayor Bertino yes
Commissioner Donly yes
Commissioner Kay yes ._
Mayor Duncanson yes ,
14. Mayor Duncanson asked City Attorney Milbery if he had received the letter from
the Port Authority that was requested. Mr. Milbery said that it had not been received,
but what had been received was an easement to use Eller Dirve. However, in the future
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it can be withdrawn, in which event another adequate right-of-way would be established.
The Commission said that according to the terms of the new Plat Ordinance this property
a, would have to be platted. Mr. Mc Closkey, attorney for Mr. Bond, forcefully argued
this point based on the fact that, according to his recollection, the Commission
specifically stated that as long as this petition was in the process before the Plat
Ordinance was passed it would not be affected by the Plat Ordinance. The Commission f„
disagreed with Mr. Mc Closkey, and it was decided to review the tapes of the meeting
to resolve this question. Commissioner Kay made a motion to deny the Ordinance on M
the basis that he did not agree with the site development plan, and bearing in mind the
,t possibility that AlA may go through this piece of property in the future. Vice
3;? Mayor Bertino seconded the motion for purpose of discussion. Mr. Vitello, partner
of John Bond, spoke on the efforts and problems they have encountered in trying to
get a building permit for this property, and it was emphasized that they had not
asked for this change of zoning. The point was brought up that there is a difference
between granting a rezoning and approving a site plan, and the site plan should
7 be an administrative decision. Vice Mayor Bertino then retracted his second to
the motion. Commissioner Kay withdrew his original motion recommending denial due
to site plan, and then made a motion to deny this Ordinance on second reading.
Vice Mayor Bertino seconded the motion, and roll call was taken.
Vice Mayor Bertino yes
Commissioner Donly no
Commissioner Kay yes
Mayor Duncanson no
v.
The motion thus failed due to a split vote. Commissioner Donly then made a motion
that the Ordinance be adopted on second reading. Mayor Duncanson passed the gavel
and seconded the motion. Roll call was taken:
Vice Mayor Bertino no
{ Commissioner Donly yes
Commissioner Kay no
°j Mayor Duncanson yes
City Attorney Milbery then explained to Mr. Mc Closkey that since it was a tie vote
the Ordinance was denied. City Attorney Milbery also stated that if John Bond should
j apply for a building permit under the present zoning and the land is not platted,
the building permit can be denied unless they can prove equitable estaple ( a right
prior to the Plat Ordinance) , either by court order or administrative decision.
15, At this time Police Chief Willis was asked to bring forward representatives of the
F.O.P. and P.B.A. Mayor Duncanson publicly commended the Police Department for their
generosity in taking a cut in pay so that two members of the Police Department could
keep their jobs.
16. City Attorney Milbery read the Ordinance providing for building moratorium procedures.
Commissioner Donly made a motion, seconded by Vice Mayor Bertino, that the Ordinance
be passed on second reading. Roll call was taken:
Vice Mayor Bertino yes
Commissioner Donly yes
Commissioner Kay yes
Mayor Duncanson yes
City Commission -3- July 7, 1975
City Attorney Milbery said that the Resolution declaring a moratorium on building
permits will have to be advertised for Public Hearing.
NOTE: Due to an error in the agenda, this Ordinance was passed on second reading
when in reality this should have been the first reading (see minutes of June 16).
City Attorney Milbery was made aware of this, and it was decided that the second
reading will be on July 21. The Ordinance has been properly advertised, and the
advertising and reading of the Resolution which accompanies this Ordinance will
be scheduled for August 4.
17. At the workshop meeting of June 18, the Commission drafted a list of procedures
to be followed for processing rezoning requests, and at this time Mayor Duncanson
read that list:
a. A. sign will be posted on the subject property by the petitioner.
b. A notice will be published in the newspaper. The City Attorney will
have the Ordinance ready at least three (3) days prior-to the Public Hearing on
the rezoning and the Public Hearing will have been properly advertised. The Mayor
asked that this portion be amended to read three (3) working days.
c. Written notice will have been sent to the property owners within 300
feet. The 300 feet will be measured from the property boundaries.
d. The Public Hearings before the Zoning Board and the City Commission
will be advertised at the same time. If the Hearing continues to another meeting
through the fault of the petitioner, the petitioner will pay for another newspaper
advertisement. Commissioner Kay suggested including a map of the area in question
in the advertisement, the cost of which will also be borne by the petitioner.
e. Include in the fee any charges for time that will be taken for research,
® advertisement, etc.
Building Inspector Littrell asked that the Commission clarify the legal notification
necessary. Mayor Duncanson said that the current Broward County Tax Rolls should be
used, and if it is not the current property owner, to request that the notification
be forwarded to the current property owner. Commissioner Donly made a motion,
seconded by Commissioner Kay, that these procedures be adopted. The vote was
unanimous. The Commission requested that all the Commissioners be given a transcript
of the minutes of June 18 regarding the discussion between the Commission and Building
Inspector Littrell .
18. The list was read of those people who have agreed to be on the Unsafe Building Board:
,• Roy Crouch
John Farina - ineligible as he is not a resident
Lee Holiday - ineligible as he is not a resident
George Hewlett - ineligible as he is not a general contractor
Bob La Croix
,® Jim Bless
A. J. Ryan - ineligible as he is not a resident
Martin Shebar
Harry Lowry
Eleanor Tubbs
It was thus determined that there are openings for an attorney, a general contractor,
and two engineers. On a motion by Vice Mayor Bertino, seconded by Commissioner Donly,
the Commission unanimously voted to approve the appointment of the six eligible members
to the Board, and the vacancies will be filled when eligible people are determined.
19. On a motion by Vice Mayor Bertino, seconded by Comniss.ioner Donly, the Commission
unanimously voted to approve the appointment of Murray Goodman and Fay Schuler to
the Planning Council 's Citizen' s Advisory Committee.
20. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission
r unanimously voted to approve the obtaining of additional liability insurance coverage.
Vice Mayor Bertino asked whether insurance should be placed out for bids this year
when it comes up for renewal , so the Commission decided to place this item on the
July 21 agenda.
City Commission -4- July 7, 1975
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21 . No action was taken on the request for an occupational license for store operation
including entertainment machines. City Attorney Milbery advised that Building
Inspector Littrell has the authority to deny the license if it does not conform
to City Ordinance.
® 22. Discussion and setting of dates for adoption of amendments to the City Charter was
tabled until the August 4 meeting. City Attorney Milbery will meet with the Mayor
once more, and then draft an Ordinance for first reading at the August 4 meeting.
23. Vice Mayor Bertino reported on the meeting of the Finance Committee at which the
Committee reviewed the applications from auditors. The Committee felt that the
• present City Auditor Joe Spina had been doing a good job and recommended that he
be retained. Commissioner Donly made a motion to accept the recommendation of the
Committee that Mr. Spina be employed for another year. Commissioner Kay seconded
the motion, and the vote was unanimous.
24. Mayor Duncanson brought to the attention of the Commission that the increased water
® and sewer rates were to be effective June 1, and he asked why the new rates were
incorporated in the June 1 billing which covers the months of April and May. The
Mayor felt that the public had been overcharged, and should be refunded their money.
City Manager Hampton pointed out the difficulties that this would involve. Vice
Mayor Bertino suggested that the old water and sewer rates be used for the next
two months. The Mayor questioned the City Manager as to how much time and work
® would be involved to refund the overcharged payments. The Commission was unable
to reach a conclusion, and decided to let Mr. Hampton come up with an equitable
solution and discuss this further at a later meeting.
ADDITIONS AND COMMENTS:
• 1. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission
unanimously voted to consider as an emergency the granting of authority to City
Manager Hampton to sign the $36,000 E.O.C.G. grant. Vice Mayor Bertino made a
motion, seconded by Commissioner Donly, that the proper City officials be authorized
to sign this grant. The vote was unanimous.
® 2. Mayor Duncanson stated that he had received several letters in response to the
City's Resolution opposing the electricity rate increase.
3. On a motion by Vice Mayor Bertino, seconded by Commissioner Kay, the Commission
unanimously voted to appoint Mayor Duncanson as a voting delegate to the July 10
• Broward League of Cities meeting to stand in for Vice Mayor Bertino who is unable
to attend.
Robert H. Duncanson-Mayor
`ate <s�,�.� ��a•�e�
• Charlene Moore'-Deputy City Clerk
•
City Commission -5- July 7, 1975