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HomeMy WebLinkAbout1982-09-14 Regular City Commission Meeting Minutes and Agenda 1 MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 14, 1982 Invocation by Reverend Faircloth of Dania First Baptist Church Pledge of Allegiance Roll Call : Present: Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the minutes of August 18th, 1982. The motion passed unani- mously. A motion was made by Commissioner Byrd, seconded by Commissioner Adams to approve the minutes of the regular meeting of August 24, 1982. The motion passed unanimously. 2. Public Hearings: a) City Attorney Adler read the title of the ordinance regarding. beach parking fees, beach sticker fees, and parking fines for second reading. City Attorney Adler also added that this ordi- nance has been amended to :show a $5:00 sticker fee, 50¢ parking meter fee, and a $10.00 parking fine, and disabled:' veterans •free. Mayor Bertino opened the public hearing. Discussion followed concerning numbering the sticker with the vehicle tag number to keep people from transferring these beach stickers to other cars. The Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt the ordinance on second reading regarding beach parking fees, beach sticker fees, and parking fines at the Dania beach. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes b) City Attorney Adler read the title of the ordinance for second reading regarding coin-operated machines. Mr. Adler also informed the Commission that this ordinance has been amended as per the changes last Commission Meeting. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. After passing the gavel , Mayor Bertino made a motion, .seconded by Commissioner Donly to amend the ordinance by adding in Section 2, a: "350-699 feet-one machine, and 699-1,999 feet-2 machines" Regular Meeting -I- September 14, 1982 J ® • i The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-no Mayor Bertino-yes Commissioner Cook-yes A motion was made by Commissioner Donly, ,seconded by Commissioner Adams to adopt the ordinance concerning coin-operated machines for second reading as amended. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes c) Mayor Bertino opened the public hearing on adoption on first reading of an ordinance amending Section 27-38 (1) , (2) and (3) of Article II of Chapter 27, of the 1980 Code of Ordinances entitled "Rates and Charges". for water. - Hearing no one speak in favor or. opposition, the Mayor then closed the public hearing. City Attorney Adler then read the title of the ordinance for first reading. A motion was made by Commissioner Byrd, seconded by Commissioner Donly to adopt on first reading the ordinance amending Section 27-38 (1) , (2) and (3) of Article II of Chapter 27 of the 1980 Code of Ordinance entitled "Rates and Charges" .for water. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes d) Continuation of Special Exception request by Video Games Interna- tional , Inc. , for the property located at 301 East Dania Beach Boulevard (Dania Jai Alai Fronton) , to allow a game room (video games) in a C-2 (Commercial ) zoning classification was withdrawn from the agenda due to the passing of the ordinance regarding coin-operated machines. e) Mayor Bertino opened the public hearing on a variance request by Lillie Ruth Peeples for the property located on Phippen Road, approximately 185 feet south of Stirling Road, to allow the con- struction of a single family residence upon an unplatted lot in an RS-6000 (single family residential ) zoning classification. After hearing the petitioner request approval , the Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to grant the variance request by Lillie Ruth Peeples. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes City Manager Marant suggested that since single family homes and duplexes have been exempted from the ordinance requiring platting, that perhaps the ordinance should be changed so that petitioners won't have to pay the $85.00 fee, as long as the petitioners have met all other require- ments. The Commission :directed Building Official Maxwell and City Manager Marant to prepare a change for the ordinance and bring back before the Commission for approval . Regular Meeting -2- September 14, 1982 r f. Variance request by Kenneth J. Spry for Mr. Wilson for the property located at 990 Phippen Road and 708 SW Tenth Street to allow two duplexes (one duplex on each lot) in an RS-6000 (single family residential ) zoning classification, and upon lots of insufficient width and square footage was continued until the Regular Commission. Meeting of October 12, 1982, after the Planning & Zoning Board Meeting of October 5, 1982, by a motion made by Commissioner Donly, seconded by Commissioner Cook. The motion passed unanimously. g) Continuation of variance request by Kenneth Spry for the property located on Phippen Road, south of Southwest Fourth Street (Lot 6, Block 1. College Tract First Addition) to allow the construction of a commercial building with insufficient setbacks in an I-G (industrial , general ) zoning classification was also continued until the Regular Commission Meeting of October 12, 1982, after the Planning & Zoning Board Meeting of October 5, 1982, by a motion made by Commissioner Donly, seconded by Commissioner Cook. The motion passed unanimously. h) Attorney Ronald Krongold representing John Kuznarik stepped forward to request approval of a variance for the property located at 249 SW 11 Street, to convert an existing duplex to a triplex on a lot of insufficient size in an RD-6000 (duplex) zoning classifica- tion and expressed that they feel this property could not be used viably as a duplex creating a hardship to the petitioner. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or, opposition, the Mayor then closed the public hearing. Commissioner Adams expressed his concern that this property should be cleaned up and left as a duplex. Commissioner Donly made a motion to deny this request as he feels that the petitioner knew when he purchased the property that it was zoned duplex, and therefore, he does not see a hardship; and that he feels the petitioner should go along with the Planning and Zoning Boards wishes concerning landscaping and parking, seconded by Commissioner Byrd. The motion was passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 3. A motion was made by Commissioner Donly, seconded by Commissioner Cook to close the bidding for work to be done on the refurbishment of four sewer pump stations identified as F,G,H, and M. The motion passed unanimously. City Manager Marant informed the Commission that five sealed bids have been received and then read the following: Trio Development Corporation $ 97,600.00 (BID BOND ATTACHED) R.J. Sullivan Corporation $ 105,400.00 (BID BOND ATTACHED) Sharp Construction Company $ 99,000.00 (BID BOND ATTACHED) Gateway Construction Company $ 159,300.00 (BID BOND ATTACHED) H & H Crane Services $ 98,990.00 (BID BOND ATTACHED) Regular Meeting -3- September 14, 1982 A motion was made by Commissioner Donly, seconded by Commissioner Cook to turn the bids received over to the City Manager for tabulation and a recommendation at the next regular meeting of September 28, 1982. The motion passed unanimously. 4. The Commission determined that since they have not been able to review the site plan for a marina and recreational facilities on the property legally described as Harbour Towne Marina Plat as requested by Marine Conversions, Inc. , that a Workshop Meeting would be set for September 20th, 1982, at 4:00 P.M. to review this request, and that a special meeting could be set later for approval of the site plan. 5. City Manager Marant informed the Commission of a letter he received from City Manager Robert D. Holmquist of Daytona Beach Shores expressing their opposition to distribution of the one cent sales tax and requesting Dania to unite with them in a lawsuit against the State of Florida. Commissioner Donly suggested that the best way to handle this situation is to go through the legislative process by contacting the Legislative Delegation and expressed opposition to any class action suit against the State of Florida. The Commission concurred. 6. Mark Novin Personnel Director requested approval of amendment to the original Recognition-Acknowledgement Petition for General Employees Association to continue with the certification process through PERC (Public Employees Relations Commission). A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the amendment to the original Recognition-Acknowledgement Petition for the General Employees Association. The motion passed unanimously. 7. A motion was made by Commissioner Adams, seconded by Commissioner Donly to designate Commissioner Cook as voting delegate and Mayor Bertino and Vice Mayor Byrd as alternates to the National League of Cities. The motion passed unanimously. 8. City Attorney Adler read the title of the resolution expressing appre- ciation to Holland America Cruise Lines for locating at Port Everglades Authority. The Commission approved this resolution. 9. Mayor Bertino proclaimed September 12 through 18, 1982, as "National Housekeeping Week". 10. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the bills for the month of July, 1982. The motion passed unanimously. 11. Citizens' Comments: Mr. Pete Prossic suggested that the City consider designatjng•;distr.icting for Commissioners and Mayor to run at large.for elections. The Commission directed City Manager to review the proposed Charter changes in the past regarding this item to be brought back to the Commission. Mr. Murray Gordon commented on possible construction of a Stadium in : Broward County and urged Commissioners to support this. Mr. Vincent Carroll expressed his opposition to higher taxation for this stadium. 12. Administrative Reports: No comments 13. Commission Comments: Commissioner Cook inquired into what can be done to help the senior citizens who do not have transportation, since the Social Services Center is being taken over by the County in October. The Commission directed City Manager Marant to investigate this item with the County. REGULAR MEETING -4- SEPTEMBER 14, 1982 A motion was made by Commissioner Donly, seconded by Commissioner Adams to adjourn this meeting. The motion passed unanimously. MAYOR-CO MISSIOW CITY CLERK-AUDITOR Regular Meeting -5- September, 14, 1982 AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 14, 1982 8:00 P.M. MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT Any Person who decides to appeal any decision made by the Dania City Commission with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Invocation by Reverend Faircloth of Dania First Baptist Church Pledge of Allegiance Roll Call 1. Approval of minutes of the workshop meeting August 18th and the regular meeting of August 24, 1982. 2. Public Hearings: a) Second reading of ordinance regarding beach parking fees, beach sticker fees, and parking fines. Ordinance previously distributed b) Second reading of ordinance regarding coin-operated machines. Ordinance previously distributed c) Consideration of adoption on first reading of an ordinance amending Section 27-38 (1) , (2) and (3) of Article II of Chapter 27 of the 1980 Code of Ordinances entitled: "Rates and Charges" Exhibit: Ordinance and Notice of Public Hearing d) Continuation of Special Exception request by Video Games International , Inc. , for the property located at 301 East Dania Beach Boulevard (Dania Jai Alai Fronton) , to allow a game room (video games) in a C-2 (Commercial ) zoning classification. This request was continued from August 10, 1982, Regular Commission Meeting until the ordinance concerning coin-operated machines was adopted. The Planning and Zoning Board recommended approval of this request with the stipulation that no other outside entrance be made to the game room. Exhibit: Notice of Public Hearing (PZ-31-82) e) Variance request by Lillie Ruth Peeples for the property located on Phippen Road, approximately 185 feet south of Stirling Road, to allow the construc= tion of a single family residence upon an unplatted lot in an RS-6000 (single family residential ) zoning classification. The Planning and Zoning Board at their September 1, 1982, meeting recommended approval of this re- quest. Exhibit: Notice of Public Hearing (PZ-33-82) f) Variance request by Kenneth J. Spry for Mr. Wilson for the property located at 990 Phippen Road and 708 SW Tenth Street to allow two duplexes (one duplex; on each lot) in an RS-6000 (single family residential ) zoning classifi- cation, and upon lots of insufficient width and square footage. The Planning and Zoning Board at their September 1, 1982, meeting continue this request unitl their next regular meeting (Mr. Spry, Architect, has had an accident and was unable to attend the meeting). Exhibit: Notice of Public Hearing (PZ-34-82) g) Continuation of variance request by Kenneth Spry for the property located on Phippen Road, south of Southwest Fourth Street (Lot 6, Block 1, College Tract First Addition) to allow the construction of a commercial building with insufficient setbacks in an I-G (industrial , general ) zoning classifica- tion. The Planning and Zoning Board recommended to continue this request until their October 5, 1982, meeting due to Mr. Spry's accident. Exhibit: Notice of Public Hearing (PZ-22-82) h) Variance request by John Kuznarik for the property located at 249 SW 11 Street, to convert an existing duplex with an addition to a triplex on a lot of insuffi- cient size in an RD-6000 (duplex) zoning classification. The Planning and Zoning Board at their September 1, 1982, meeting recommended approval of this request. Exhibit: Notice of Public Hearing (PZ-35-82) 3. Receipt of bids for work to be done on the refurbishment of four Sewer Pump Stations identified as F,G,H, and M. Exhibit: Notice of Invitation for bids 4. Request is made by Marine Conversions, Inc. , for site plan approval for a marina and recreational facilities on the property legally described as Harbour Towne Marina plat. 5. Discussion and possible action concerning One-Half Cent Sales Tax Distribution. Exhibit: Letter from Robert D. Holmquist City Manager of Daytona Beach Shores 6. Approval of amendment to original Recognition-Acknowledgement Petition for General Employees Association. Mark Novin Personnel Director Exhibit: Memorandum and backup 7. Designation of voting and alternate voting delegates for the National League of Cities. Mayor Bertino 8. Resolution proclaiming November;-1 through 7, 1982, as "Holland America Cruises Week". Exhibit: Resolution and letter 9. Resolution proclaiming September 12 through 18, 1982, as "National Housekeeping Week". Exhibit: Resolution and letter 10. Approval of bills for the month of July, 1982. 11. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or administrative activities not previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policy are welcome. 12. ADMINISTRATIVE REPORTS: a) City Manager b) City Attorney 13. COMMISSION COMMENTS: a) Mayor Bertino b) Vice-Mayor Byrd c) Commissioner Adams d) Commissioner Cook e) Commissioner Donly Agenda -2- Regular Meeting 9-14-82 °2+l