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HomeMy WebLinkAbout30782 - MINUTES - City Commission MINUTES REGULAR MEETING DANIA CITY COMMISSION JUNE 2, 1975 im,mcation was given by City Clerk Wanda Mullikin. ?, Pledge of Allegiance, 3, Roll Call : Present: ;Mayor: Robert Duncanson Vice Mayor: John Bertino Commissioners: Frank Adler Robert Donly John Kay City Manager: Woodward Hampton City Attorney: Jack Milbery City Cleric: Wanda Mullikin Assistant Police Chief: Rudolph Rigo Building Inspector: Thomas Littrell Toning Consultant: Luther Sparkman 4, Citizens Comments: a , Pete Prossic expressed a need for the City to take action regarding tLc trumping of trees. 5. ?laver Duncanson asked that his comment concerning negotiations with F.E.C. Railroad For crossir.gs be added to the minutes of May 19. On a motion by Commissioner Kay, seconded by Vice Mayor Bertino, the Commission unanimously approved the minutes as .mended of May 19 and May 21. G. City :attorney Milbery recommends that the lease of the front-end Loader be executed cn ❑ month to month basis. As the Charter now stands, any purchase would have to be rut out for bids. If the Commission wants to change this, it would have to be done by Ordinance, and until such time a month to month rental would be lawful. On a motion by Commissioner Kay, seconded by Commissioner Donly, the Commission unanimously voted to authorize the City Manager and City Attorney to work out a lease agreement anti bring it back before the Commission for approval. 7. !.^rry De Rose, representing Broome and Farina, spoke on the recommended criteria for flood insurance on the east side of the City. If the City does not purchase the Flood insurance, the City will lose federal funding, and federally insured banks will not be allowed to finance houses on the east side. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to adopt the figures of the City Engineer regarding the crown of the roads and the height of the first stories of buildings. 3. On a motion by Vice Mayor Bertino, seconded by Commissioner Donly, the Commission unanimously voted to declare the old City school bus surplus property. Efforts have been made to find a new engine for the bus, but those involved have been unable to locate one. The body of the bus is also in bad shape. The Recreation Director is working on obtaining another bus from the School Board. 'willing Inspector Littrell outlined the petition of John Bond for site plan approval in1 rezoning from M-1-A to M-1-R. Mr. Littrell stated that, for the record, this Ictition has been advertised three separate ways - by posting the property, by mailing notiFication to surrounding property owners, and by publication in the newspaper. Zoning Consultant Sparkman stated that the Planning and Zoning Board had recommended thr : the Commission approve this rezoning. The Commission asked if this land had been platted, and Commissioner Kay said that the County may have plans, to use this property a, a right-of-way for Highway AIA in the future. The property has not been platted. At present there is no platting Ordinance in Dania, and Mr. Bond's attorney, Mr. ':cClc;i:ep, stated that his client has complied with all the laws that are required, and Inc d,,c, not see why his client should be penalized by a platting Ordinance that Is nct yet in effect. The City Attorney is to present a platting Ordinance at the t Comril scion -1- June 2, 1975 i a next meeting. Commissioner Adler said that he thinks the petition should be granted, as Mr. Bond has complied with all the laws that are on the books at present, and the Commission should not deny his petition based on what the County might do in years - to come, Vice Mayor Bertino asked if the new plat Ordinance is passed would Mr. Bond have to comply with it before his petition can be passed on second reading, ® provided that it is passed on first reading at this meeting. Mr. Milbery stated that he does not feel that Mr. Bond could be penalized, as his 'a p , petition was in the process long before this new plat Ordinance will be passed. Mayor Duncanson opened the t Public hearing on this petition, and City Attorney Milbery read the Ordinance by title. Mr. Tootle, a surrounding property owner, voiced his objection to the petition based on the fact that the property advertised was 300 feet east of Federal Highway, and the property being discussed is 500 feet east of Federal Highway, and also that he does not feel that a building should be allowed to be built as the taxpayers will have to pay for it to be torn down if and when a road goes through. Mr. Littrell explained that the change of zoning begins at the 300' line. There being no other opinions, the Public Hearing was closed. Vice Mayor Bertino stated that his main concern was s the accessibility of this property, whether Eller Drive was a public or private road, i ;t � Mr. McCloskey offered to furnish the Commission with a letter from the Port Authority stating that Eller Drive can be used as a public access road. Vice Mayor Bertino ry made a motion to table any action until this letter is obtained. The motion died for lack of a second, Commissioner Donly made a motion that the petition for rezoning be approved on first reeding with the understanding that the Commission be supplied with a legal commitment for the access road before the second reading. Commissioner Kay ® seconded the motion. Roll call was taken: Commissioner Adler yes Vice Mayor Bertino no 3 Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes City Attorney Milbery emphasized that the rezoning must be approved before the site plan can be approved. 10. Mr. David Howard requested that his discussion on the Golf Course rezoning be with- drawn. 11. City Manager Hampton requested that the Commission adopt an Ordinance prohibiting the parking of large trucks in residential areas. The Commission realized that it would be difficult to enforce such an Ordinance due to sizes and uses of trucks. Several citizens voiced their opinions on this subject. The Commission directed City Manager Hampton and City Attorney Milbery to draw up an Ordinance to be considered at a workshop meeting. 12. Mrs. Sprague, representing Antonio's Auctions of Oklahoma City, Oklahoma, appeared to request permission to hold an auction at Howard Johnson's on July 13 and 14. Com- missioner Adler felt that it would be against the interests of the local antique merchants. Mayor Duncanson suggested that this item be tabled until the next meeting so that the local antique dealers can be notified. Commissioner Kay asked Mrs. Sprague if her company would be willing to reserve a percentage of the program for any local merchants that may want to enter an item for auction on consignment. She said they could do this, Vice Mayor Bertino made a motion to table this until the local mer- chants can be notified. Commissioner Kay seconded the motion, and the vote was unanimous . 13. On a motion by Commissioner Kay, seconded by Vice Mayor Bertino, the Commission unanimously voted to authorize the City Manager to advertise for bids on a unit price per yard of layed down asphalt for sealing and resurfacing streets. The motion was rude clue to the reduced cost of asphalt, and by finding out the price the City can ® determine hcw much repair work will fit into the budget. 14, City Attorney Milbery read the Ordinance for the establishment of a Minimum Housing Code and the adoption of the 1973 Southern Standard Housing Code. Vice Mayor Bertino made a motion to pass this Ordinance on first reading. Commissioner Donly seconded the motion, and roll call was as follows: .L City Coirnission -2- June 2, 1975 Commissioner Adler yes Vice Mayor Bertino yes Commissioner DonLy yes Commissioner Kay yes Mayor Duncanson yes 15. City Attorney Milbery read the Ordinance for the establishment of an Architectural Review Board. Building Inspector Littrell explained to the audience the purposes of this Ordinance. On a motion by Vice Mayor Bertino, seconded by Commissioner Kay, the Commission unanimously voted to pass this Ordinance on first reading, the vote being; as follows: ® Commissioner Adler yes Vice Mayor Bertino yes Commissioner DonLy yes Commissioner Kay yes Mayor Duncanson yes ® >Iayor Duncanson publicly commended Mr. Littrell for the work he has done for the City of Dania since he has been employed. L6. No action was taken on Dania 's application to the Broward County Planning Council for certification of Dania's Comprehensive Plan and Land Use Map as the Commission ® had already approved this and all that has been done is to transfer the figures onto the map that the County requires. 17. City Attorney Milbery read the Resolution for the lease agreement with the Broward County School Board for the recreation area at Dania Elementary and Olsen Middle Schools. Many comments were made on the benefits of this agreement. Vice Mayor ® Bertino made a motion, seconded by Commissioner Donly, that the Resolution be adopted. The vote was unanimous. At this time, Mayor Duncanson also commended the new Recreation Director, Mr. Tomaini, on the fine job he is doing. ® 18. The City Manager requested the City Attorney's and Commission's views on the operation of used car lots in the City. City Attorney Milbery said that used car lots were not ne mitted under the present Ordinance. The area in question concerns property next to a gas station/car wash. However, the Commission pointed out other examples of pos- sible violations which should also be taken into account when enforcing the law. Through the Commission's findings, Mr. Littrell was assured that he has the authority ® to order the violator, the used car Lot owner, to cease and 'desist. Mr. Littrell and the City Attorney will work together on this matter. 19. City Attorney Milbery distributed copies of the proposed garbage Ordinance to the Commissioners, and he reviewed the provisions of the new Ordinance that the Commission had decided on at the last meeting. The Commission then debated the'gaortlon of whether to base garbage pickup on a site or unit basis. An informal vdte was taken, ,Y and Commissioner Adler, Vice Mayor Bertino and Mayor Duncanson voted for per site, Commissioners Kay and Donly per unit. Therefore, the new Ordinance will read two cans per site twice a week, and any excess cans will cost $2.00 per can per month. !'etc Prossic then brought up the point of can size, and said that he feels the way to S01Ve the problem is to charge a garbage fee. The Mayor explained that they are ' trying to stay away from a fee as long as possible. Commissioner Kay made a motion w to amend the Ordinance to one can per residence with a fee for anything over one can. The motion died for lack of a second. Mr. Milbery then read the Ordinance as amended. Vice Mayor Bertino made a motion to consider this Ordinance as an emergency. Com- missioner Donly seconded the motion, and the vote was unanimous. On a motion by Vice '!-,yor Bertino, seconded by Commissioner Adler, the Commission voted to adopt this Ordinance on first reading as amended. Roll call was taken: Commissioner Adler yes Vice Mayor Bertino yes Commissioner DonLy no Commissioner Kay no Mayor Duncanson yes City Commission -3- June 2, 1975 On a motion by Vice Mayor Bertino, seconded by Commissioner Adler, the Commission `'- voted to adopt this Ordinance on second and final reading as amended. Roll call .a as taken: r4 Commissioner Adler yes } Vice Mayor Bertino yes L' Commissioner Donly no Commissioner Kay no Mayor Duncanson yes COMMENTS l+ 1 , Mayor Duncanson commented on letters he has received regarding the City's Resolution opposing the Florida Power & Light increase. He also stated that the Florida East Coast Railroad will start work on the N.W. 10th Street crossing gates on June 9. FConrnissioner Donly stated that he thinks the site plan of the garbage Ordinance is a step backward, and he will strive to get a per unit basis. = 3, Commissioner Kay wants a review of the rezoning procedure to be put on the June 4 workshop meeting. 4, Vice Mayor Bertino said that the decision on the garbage is at least a starting point. a i' y., Robert H. Duncanson - Mayor Wanda Mullikin - City Clerk i, 'Y K -r .F, Citv Comanission -4- June 2, 1975