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Home My WebLink About30831 - MINUTES - City Commission rtINUTLs REGULAR MEETING DANIA CITY COMMISSION MAY 6, 1974 I . Invocation by Mayor Kay. . Pled(Ie of Allegiance. Roll CaII : Present: Mayor: Ted L. Kay Vice Mayor: Robert Duncanson Commissioners: Frank Adler William Jackson John Kay City Manager: Woodward M. Hampton City Clerk: Wanda Mullikin City Attorney: Clarke Walden Building Inspector: Hubert Walker Police Chief: Fred Willis Zoning Consultant: Luther Sparkman 4. On a motion by Commissioner Jackson, seconded by Commissioner Kay the Commission unanimously approved the minutes from the meeting of April 15th. On a motion by Commissioner Kay, seconded by Vice Mayor Duncanson, the Commission unanirrnusly approved the bills as paid for the month of April . 0. koadinq of the Planning and Zoning Board's Workshop minutes from April 23rd, by Zoning Consultant Luther Sparkman. E� 1fern 2. On a motion by Vice Mayor Duncanson, seconded by Commissioner Kay, the City Commission authorized permits and permit fees for the erection of fences as recommended by the Planning and Zoning Board. The fee shall be $7.50. Tho vote was unanimous. The Board recommended that the Commission have a new fence ordinance drawn which would set forth the materials of which the fence may be constructed, as well as any other changes necessary in the interest of the City. On a motion by Commissioner Kay, seconded by Vice Mayor Duncanson, the Commission authorized anordinance to be drawn. The vote was unanimous. Item 4. The City Attorney was questioned on enforcing variances which was of concern to the Planning and Zoning Board. The City Attorney stated that first of all, the City several years ago was lax in granting variances and specifically pointed out to the Commission that a variance can only be granted whore there is a legal hardship on the particular land in question. He also clarified for the Commission what a legal hardship is not, for instance he stated an economic hardship on a variance to build more units on a piece of land in order for the owner to make more profit is not the proper subject for a variance. The Commission then authorized the City Attorney to draw a variance permit and application form which could be used as a record keeping system so that variance could be made easily policed and enforced. The City Attorney is to bring this form back to the Commission at the next meeting of May 20th. 10 7. The City Commission instructed the City Attorney to draw a resolution directing to thin Broward County Commissioners the request by the City of Dania to establish a work agreement with the County for certain park repairs, lights and other work for which service the City would reimburse the County for their cost, this was done by way of a motion by Commissioner Kay, seconded by Vice M,iyor Duncanson and passed unanimously. 13. -the Commission unanimously authorized the City Manager to negotiate with the School Board for a modification of lease agreement concerning the liability of the City of Dania for any extensive damages done to the building while he T-section is being removed. 9. The recoivinq of bids for the paving and improving of Southeast 5th Avenue was continued until 8:30 p.m. May 20th in order to give the potential bidders wore, time to analyze the cost. The Manager did call for any bids from the City Commission Minutes -I- May 6, 1974 i� Elm No MIMIr)Hdicnre in order to conform to the agenda. No biddors were present. Therefore, on fi motion by Commiissionor Adler, seconded by Commissioner Kay, the Cornmir;sion unanimously voted that this be postponed until the next meeting. 10. A public hearing was called on any objections to the assessments of the improve- ment,; of Northeast 3rd Street from 6th Avenue to Gulfstream Road. No objectors were present and on a motion by Commissioner Adler, seconded by Vice Mayor Dunc.,n;on, Inc., public hearing was closed and the City Manager was authorized to proceod to have this work done under the unit bid price of the 5th Avenue project. the vote was unanimous. II . -lhe Commission discussed In length the request for rezoning of the Ei of the SWII of the NE,=, of the SWI, less that portion lying within the right-of-way of Dania Beach ioulevard and the E- of the NWT of the SW'u, Section 35, Township 50 South, range 42 East and excluding that part along Dania Beach Boulevard presently zoned H-2. The other parcels to be rezoned from R-IA, R-I and R-2 to R-3A. It ® was finally decided that the second reading would be tabled until such time as a site plan for development was presented. U. Public Works Director Brice presented to the Commission the problems and the divi•�ion of the City into sections for overgrowth removal and cleanup. After much discussion, 'the Commission decided to postpone any program for extensive ® cleanup until next year's budget, to see if monies would be available to do this ,job on assessment basis. Ii. The Commission and the City Attorney discussed what interest in land was necessary in order to legally request a zoning hearing or a hearing for a variance. On the advice of the City Attorney, Commission decided that the owners of property iIIII (husband and wife even if separated) must be on the application. A person who had a contract to buy the property would be entitled to file an application for a variance, but with the application there must be filed with it an approval of the owner for said application. 14. On a motion by Vice Mayor Duncanson, seconded by Commissioner Kay, the Commission ® approved a resolution to be directed to the State for assistance In developing a ten acre park east of 5th Avenue. The City Attorney is to process resolution as soon as possible. The vote was unanimous. I `>. City tanager recommended that the Commission change the interest rate to be charged on special assessments from 6 to 10%. On a motion by Commissioner Kay, ® seconded by Vice Mayor Duncanson, the Commission voted unanimously to pass on first reading an ordinance to change the interest rate. 16. City Manager recommended that Commission authorize a 102 per thousand gallon increase on water to cover the cost of purchasing water from Hollywood during our emergency situation. A motion was made by Commissioner Adler, seconded by Vice Mayor Duncanson that the IO¢ per thousand be added effective immediately and that this rate continue for one month or one billing period after the emergency and plant repairs are completed. The vote was unanimous. 17. City Manager brought to the attention of the Commission the need to provide for elected officials to be a part of the pension plan and that the pension plan should be changed so that an employee could vest his pension rights after five years of service with the City and further that retirement age should be reduced from 65 to 60 and that those employees who desired to continue past the age of 60 must submit to a physical examination which results would have to be satisfactory to the City. A motion was made by Commissioner Adler, seconded by Commissioner Jackson to provide for elected officials to be a ® part of the pension plan and to change the plan so that an employee could vest his pension rights after five years of service with the City and that the retirement age should be reduced from 65 to 60 and that the employees who desired to continue past 60 must submit to a physical exam which results would have to be satisfactory to the City. The motion passed unanimously. It',. Cily 6t,nager brought to the attention of the Commission, the problem of continuing the private police details through the administrative offices of the City. On a motion by Vice Mayor Duncanson, seconded by Commissioner Kay, the Commission unanimously voted to table this matter until further information is presented. There was general discussion with some members of the audience on general matters. No action was necessary and the meeting adjourned. r j j Ted L. KAFk3yor Wanda Mullikin-City Clerk City Commission Minutes -2- May 6, 1974