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
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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
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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
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