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Home My WebLink About31337 - MINUTES - City Commission r� I 77 , i MINUTES DANIA CITY COMMISSION 1 REGULAR MEETING JANUARY 13 , 1987 i 0 INVOCATION - Wanda Mullikin � a PLEDGE OF ALLEGIANCE ROLL CALL: t Present Mayor: John Bertino Vice Mayor : Chester A. Byrd Commissioners : Jean Cook Howard Hirsch C Charles McElyea City Attorney: Frank Adler j City Manager : Eugene Jewell City Clerk : Wanda Mullikin Police Chief : Gilbert Thivener Building Official : Paul Maxwell PRESENTATION by Touche Ross , auditing firm of 1985-86 audit report. Stan Brooks, Partner, and Audit Manager, Mark Wolfson, announced the completion of their examination of the City' s 1985-86 financial statements and presented the audit report , issuing an unqualified report or "clean opinion and letter of recommendations. Commissioner Hirsch commented that he would like to discuss this item at the next workshop meeting, 1 . CONSENT AGENDA Minutes 1 . 1 December 16, 1986, Regular Meeting. I Bills • 1 . 2 Approval of bills as paid for the month of November, 1986. Administrative Ordinances ( First Reading) 1 .3 The title of an ordinance amending Chapter 18 of the Code of Ordinances entitled "Pensions and Retirement" , Sections 18-46 (1 ) , 18-46 (2 ) , 18-46(3 ) and 18-46( 10) , providing for changes in the Police and Firefighters Retirement System per Florida Statutes was read for first reading by City Attorney r Adler, Administrative Resolutions 1 .4 The title of a resolution authorizing and directing the transfer of the sum of $312,000 from the "Sewer Revenue Bonds Sinking Fund" to the "Renewal and Replacement Fund" of the Sewer Revenue Fund of the City of Dania was read by Mayor Bertino. i Building A Zoning Ordinances (First Reading) - none s A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda. The motion passed on the f jfollowing roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 2. PROCLAMATIONS 2 . 1 Mayor Bertino proclaimed the Florida Derby Festival , February 28 through April 4 , 1987. Regular Commission Meeting January 13 , 1987 i i 1 2 .2 Mayor Bertino proclaimed the month of January National Volunteer Blood Donor Month. 3 . BIDS 3 . 1 Recommendation on awarding of bid for operation of pier restaurant to Donald V. Streeter. f i A motion was made by Vice Mayor Byrd , seconded by Commissioner McElyea to remove this item from the agenda and to schedule a workshop for further discussion of this item in addition to { discussion of the auditors ' letter of recommendation. The ; motion passed unanimously. l 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS BUILDING & ZONING 4 . 1 Petitioner/Owner: Muffie Harris; property located at 16 & 23 SW 6 Ave. PUBLIC HEARING - VA-85-86 - Variance request to allow a duplex on each two lots containing : ( a) 51 .5 ' lot width (60 ' required) , (b) 5 ,578 sq • ft . of lot area (6 ,000 required) . ( Continued from 12/16/86 ) Muffie Harris stepped forward to request the variance to allow a duplex on each of two side by side lots . Mayor Bertino opened the public hearing. Hearing no one speak j in favor or opposition, the Mayor closed the public hearing. i A motion was made by Vice Mayor Byrd , seconded by Commissioner i Hirsch to grant the variance (VA-85-86 ) . ; During discussion, Commissioner McElyea asked the Building Department to see that space is allocated for dumpsters . Mayor j Bertino suggested that perhaps the duplex lot size requirements imposed by the zoning code should be readdressed . Commissioner s �•�� i Hirsch agreed. Vice Mayor Byrd disagreed , preferring the variance procedure. City Attorney Adler reported that this is a I duplex zoned area, and that the variance request for duplexes on the undersized lots is in order. The motion to grant the variance passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McF,lyea-yes I 4 .2 Petitioner: M.E. Berry; Owner: Robert R. Krilich; property located at Stirling Rd. and SW 18 Ct . (3 .7099+ acres) PUBLIC HEARING - ORDINANCF (2nd & final reading) PL-33A-86 - Plat Approval request for "Krilich Plat" . ( Continued from 12/16/86 ) jThe title of an ordinance approving the plat of "Krilich Plat" i was read for second and final reading by City Attorney Adler. A motion was made by Commissioner Cook, seconded by Commissioner I Hirsch to continue the second and final reading of the ordinance until the next regular Commission meeting due to the absence of the petitioner. The motion passed unanimously. 1 4 .3 Petitioner: Alexandra V. Rieman, Esq. ; Owner: Nicholas Pasquariello; property located on Taylor Rd. i, PUBLIC HEARING - ORDINANCE (2nd & final reading) RZ-80-86 - Rezoning request from IG to IRO ( 1 .0000+ acres) Regular Commission Meeting 2 January 13 , 1987 1 I The title of an ordinance rezoning the E 142.31 ' of the W 658 .97 ' of the N 1/2 of the NW 1/4 of the SE 1/4 of the NW 1/4 of 26-50S-42F, less the S 30 ' thereof from zoning classification of IG to IRO was read for second and final reading by City Attorney Adler. The petitioner stepped .forward to explain the rezoning request . Building Official Maxwell reported that this acre of property, located to the rear of the proposed Residents Inn Hotel , will be used primarily for parking. i Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd , seconded by Commissioner McElyea to adopt the rezoning ordinance (RZ-80-86) on second and final reading. The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes ADMIINISTRATIVE ORDINANCES (Second & Final Reading) - none 5 . SITE PLAN REQUESTS - none } 6 . EXPENDITURE REQUESTS 6 . 1 Request by Police Department to utilize $2 ,000 from the Law Enforcement Trust Fund Account for investigative purposes. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to authorize the expenditure of $2 ,000 from the Law Enforcement Trust Fund Account for investigative purposes . The motion passed unanimously. City Manager .Jewell explained that in addition to the $2 ,000 for investigative purposes, $3 ,500 is requested for surveillance "`f equipment , adjusting the total amount requested from the Law Enforcement Trust Fund Account to a total of $5 ,500.00. A motion was made by Commissioner Hirsch , seconded by V Commissioner McElyea to add the Police Department ' s request to utilize $3 ,500 from the Law Enforcement Trust Fund Account for surveillance equipment to this night ' s agenda. The motion passed unanimously, i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to authorize the expenditure of $3,500 from the Law Enforcement Trust Fund Account for surveillance equipment . The motion passel unanimously. i At Commissioner McElyea' s suggestion, Police Chief Thivener explained that the money in the Law Enforcement Trust Fund Account is derived from law offenders , not taxes , and he 1 dP4nrihed the -niii nmpnt. the money is needed for, 6 . 2 Request approval to execute contract for purchase of vacant property located southwest of the water plant . F j A.J. Ryan stepped forward to describe the contract, for the purchase by the City of Dania of approximately 2 . 7 acres , adjacent to the water plant , from the Estate of Beatrice Burrows. City Manager Jewell reported the recommended purchase price of $84 ,000.00. I Regular Commission Meeting 3 January 13 , 1987 i r A motion was made by Vice Mayor Byrd , seconded by Commissioner McElyea to approve and authorize execution of the contract for sale and purchase, subject to a second appraisal . After I. discussion, the motion passed on the following roll call vote : 4 Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 7. SPECIAL REQUESTS 7. 1 Request by Broward County to waive replatting procedures and ` filing fee for the vacation of five parcels lying within the City of Dania. City Manager Jewell recommended that this item be continued and that the County be required to submit legal descriptions of the properties to the City of Dania. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to accept Staff' s recommendation. The motion passed unanimously. 7. 2 The Dania Lion' s Club requests permission to hold the Fifth Annual One Ton Tug on February 7, 1987 , on Dania Beach and to sell beer utilizing the Pier license. j i Mayor Bertino described the activity, the proceeds of which all go to charitable purposes . A motion was made by Commissioner Hirsch, seconded by R. Commissioner McElyea to approve the Lion's Club request . The motion passed unanimously. 7.3 Adoption of resolution approving the Law Enforcement Mutual Aid Agreement for Voluntary Cooperation and Operational Assistance with all the cities in Broward County and the Broward Sheriff' s Office. Police Chief Thivener described the volunteer mutual aid agreement , approval of which has been recommended by all Broward County Police Chiefs , which would extend police authority across city boundaries into other jurisdictions while investigating. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to adopt the resolution approving the Law Enforcement Mutual Aid Agreement . i During discussion, it was pointed out that the County Sheriff' s Office is not in favor of this agreement . Commissioner McElyea I commented in favor of tabling this item until the Commission can hear Sheriff Navarro' s reasons for disapproval of the agreement . The Commission majority generally agreed to invite Sheriff Navarro to attend the next regular meeting and address the Commission regarding his views on the agreement , but felt that there was no need to table the item since the city could withdraw from the agreement at any time. After discussion, the motion to adopt the resolution approving the Law Enforcement Mutual Aid Agreement passed on the following roll call vote: - 4 4 { Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-no i 7 . 4 Approval of Memorandum of Understanding between Broward County i and the City of Dania regarding the 12th year Community t Development Block Grant "Project-IMPAC" . �i Regular Commission Meeting 4 January 13, 1987 j I G j Michael Smith, Project Coordinator, presented the memorandum of understanding and funding agreement for Commission approval and described the breakdown of the total $478 ,525 appropriation for the comprehensive neighborhood revitalization program. a i A motion was made by Vice Mayor Byrd , seconded by Commissioner Cook to approve and authorize execution of the Memorandum of Understanding between the City of Dania and Broward County a Community Development Division providing for funding and administration of the 12th year Block Grant "Project IMPAC" . E The motion passed unanimously. I 7 . 5 Request approval to enter into agreement with Stroyne Bros . South, Inc . for the maintenance of parking meters. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to add discussion of this item to the next workshop agenda. The motion passed unanimously. 8. APPOINTMENTS 8 . 1 Appointment of coordinator to work on "Make It Shine" project. ( City Manager Jewell described the request received from Walter W. Falck, Executive Director of the Broward League of Cities , asking that the city name a coordinator to work on its Make It Shine project , designed to develop and implement activities to I clean up the various cities as well as the county. I A motion was made by Commissioner Cook, seconded by Commissioner j Hirsch to appoint Vice Mayor Byrd as Make It Shine project coordinator. The motion passed unanimously. 9. DISCUSSION 10. CITIZENS' COMMENTS No verbal or written requests for Citizens' Comments for this night' s meeting were received. a` 11. ADMINISTRATIVE REPORTS 11 . 1 City Manager, Jewell asked the commissioners to set the date for a workshop for discussion of the auditors ' report , the pier proposal and the parking meter maintenance agreement . The workshop was scheduled for Tuesday, January 20, 1987, at 3 :00 p.m. The commissioners requested that City Manager' s office (Nanci) call to remind them of the date and time. 11 . 2 City Attorney Adler asked the commissioners to review the list of items to permit in swale areas that he has prepared to amend the ordinance as directed . 12 . COMMISSION COMMENT 12. 1 Commissioner Cook asked about the drainage project in the southeast section. City Manager Jewell said H&H Crane should he¢in momentarilv. Commissioner Cook commented on the excellent meeting with the County officials . r 12. 2 Commissioner Hirsch requested that the Public Works Director be added to the January 20th workshop. 9, t 12. 3 Commissioner McElyea said he is glad to be back, feeling fine, 1 and expressed sadness to hear of Jesse Stuart' s hospital confinement . Regular Commission Meeting 5 January 13, 1987 4 f J 1 r 12. 4 Vice Mayor Byrd commented on the Martin Luther King memorial program planned for January 19th, and urged attendance. Vice Mayor Byrd also commented on the Mayor' s presentation at the meeting with the County regarding the airport . 12. 5 Mayor Bertino welcomed Commissioner McElyea back. g f This Regular Commission Meeting was then adjourned. f - OR-COMMISSIONER ` CITY CLERK-AUDITOR M {r t i I i i i i I E i I I i i I i 9 1 P i L a.� 1 Regular Commission Meeting 6 January 13 > 1987 4 e ph 71, AGENDA DANIA CITY COMMISSION REGULAR MEETING JANUARY 13 , 1987 i 8: 00 P.M. INVOCATION I PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION by Touche Ross , auditing firm of 1985-86 audit report. f 1 . CONSENT AGENDA Minutes 1. 1 December 16 , 1986 , Regular Meeting t Bills 1 . 2 Approval of bills as paid for the month of November 1986. 1 Administrative Ordinances ( first reading) � 1 . 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA , AMENDING CHAPTER 18 ) OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED i "PENSIONS AND RETIREMENT" ; CHANGING THE COMPOSITION OF THE BOARD I OF TRUSTEES ; CHANGING THE TERMS OF OFFICE OF BOARD MEMBERS; PROVIDING FOR ELECTION OF A CHAIRMAN AND SECRETARY OF THE BOARD; E 3 PROVIDING FOR RECOMMENDATION FOR REMOVAL OF A MEMBER OF THE ffii BOARD IN THE EVENT OF NEGLECTED DUTIES; PROVIDING FOR A SAVING f w CLAUSE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " Administrative Resolutions 1. 4 A RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF THE SUM OF $312,000 FROM THE "SEWER REVENUE BONDS SINKING FUND" TO THE "RENEWAL AND REPLACEMENT FUND" OF THE SEWER REVENUE FUND OF THE j s aJ1 CITY OF DANIA, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. j Building 6 Zoning Ordinances ( First Reading ) - none 2. PROCLAMATIONS 2. 1 Florida Derby Festival , February 28 through April 4 , 1987 2. 2 National Volunteer Blood Donor Month, January I 3. BIDS j3 . 1 Recommendation on awarding of bi,9 for operation of pier I restaurant to Donald V. Streeter. i i i 1 OF 3 I r � I i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 Petitioner/Owner - Muffie Harris; property located at 16 & 23 SW 6 Avenue Public Hearing - VA-85-86 - A variance is requested to allow a + duplex on each two lots containing: ( a) 51. 5' lot width ( 60 ' required) , (b) 5 ,578 sq. ft. of lot area ( 6 ,000 required) . f (continued from 12/16/86) 1 4 . 2 Petitioner - M. E. Berry; Owner - Robert R. Krilich; property located at Stirling Road and SW 18 Court. Public Hearing - PL-33A-86 - Plat ordinance ( second & final reading) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "KRILICH PLAT" , SAME BEING: THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SF. 1/4 OF THE, SW 1/4 , LESS THE SOUTH 193 FEET THEREOF, IN SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; AND LOTS 18 THROUGH 24 INCLUSIVE , BLOCK 1 , TOGETHER WITH LOTS 1 THROUGH 12 INCLUSIVE, BLOCK 2; ALL ACCORDING TO THE PLAT OF "DOUGLAS HILL" , AS RECORDED IN PLAT BOOK 12 , PAGE 45 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 3 .7099 ACRES (161 ,601 SQ. FT. ) MORE j OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL i STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "KRILICH PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH j BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 12/16/86) I 4. 3 Petitioner - Alexander V. Rieman, Esq. ; Owner - Nicholas Pasquariello; property located on Taylor Road Public Hearing - RZ-80-86 - Rezoning ordinance ( second & final i w j reading ) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE f FOLLOWING DESCRIBED LANDS, TO-WIT: THE EAST 142. 31 FEET OF THE WEST 658.97 FEET (AS MEASURED ALONG THE NORTH LINE) OF THE NORTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 1 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE. SOUTH 30 FEET THEREOF. SAID LAND SITUATE , LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 1 .0000 ACRES MORE OR LESS, FROM ZONING 4 CLASSIFICATION OF IG TO IRO ZONING CLASSIFICATION UNDER THE � PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, i AS AMENDED; AND PROVIDING THAT ALL ORDINANCE'S OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6 . 1 Request by Police Department to utilize $2,000 from the Law Enforcement Trust Fund Account for investigative purposes. 6 . 2 Request approval to execute contract for purchase of vacant property located southwest of the water plant. 2 OF 3 ! i I 7 . SPECIAL REQUESTS 7. 1 Request by Broward County to waive replatting procedures and filing fee for the vacation of five parcels lying within the City of Dania. 7 . 2 The Dania Lion' s Club requests permission to hold the Fifth Annual One Ton Tug on February 7 , 1987 on Dania Beach and to sell beer utilizing the Pier license. 7. 3 Adoption of resolution approving the Law Enforcement Mutual Aid Agreement for Voluntary Cooperation and Operational Assistance with all the cities in Broward County and the Broward Sheriff' s Office. 7 .4 Approval of Memorandum of Understanding between Broward County ) and the City of Dania regarding the 12th year Community Development Block Grant "Project-IMPAC" . t 7 . 5 Request approval to enter into agreement with Stroyne Bros. s South, Inc. for the maintenance of parking meters. 3 8 . APPOINTMENTS d 8. 1 Appointment of coordinator to work on "Make It Shine" project. a 9 . DISCUSSION ( 10 . CITIZENS ' COMMENTS - Comments by Dania citizens or interested p parties that are not a part of the regular agenda should be given in 1 writing or communicated verbally prior. to 4: 00 p.m. the second ( 2nd) g and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved , the citizen(s ) or party will be asked to address the City Commission during the meeting. "Emergencies may be given to the Mayor, a City Commissioner or the City Manager prior to the beginning of the meeting. 11 . ADMINISTRATIVE REPORTS f 11. 1 City Manager j 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Bertino ---------------------------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD 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. 3OF 3