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Home My WebLink About1985-01-22 Regular City Commission Meeting Minutes and Agenda I i i I f MINUTES j DANIA CITY COMMISSION G REGULAR MEETING j JANUARY 22, 1985 i INVOCATION - Pastor Michael Leininger, j First Baptist Church of Dania PLEDGE OF ALLEGIANCE ROLL CALL Present - Mayor : Chester A . Byrd Vice-Mayor : John Bertino Commissioners : James Adams Jean Cook Robert Donly For City Attorney : Robert Dunkel City Manager : Richard Marant Deputy City Clerk : Mary Jabalee Police Chief: Rudolf Rigo Building Official : Paul Maxwell j 1 . CONSENT AGENDA Minutes 1 . 1 Regular meeting, January 8, 1985 A motion was made by Commissioner Donly, seconded by . , -. Commissioner Adams to approve the consent agenda . The motion f passed unanimously . I * (At this point, Addendum Agenda Item 6 . 2 was addressed . ) I � Ordinances ( First Reading ) 1 . 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING GUIDELINES FOR THE OPERATION OF OFF-ROAD VEHICLES, MOTORCYCLES, ALL TERRAIN VEHICLES, OFF-ROAD, OWNER, TRAILER AND SWAMP BUGGIES ; PROVIDING FOR PENALTIES ; PROVIDING FOR SEVERABILITY ; PROVIDING THAT ALL I ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE was read for first reading by Mayor Byrd . A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the ordinance on first reading . The motion passed unanimously . 2. RESOLUTIONS 2 . 1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT 1 BETWEEN THE CITY OF DANIA, FLORIDA, AND BROWARD COUNTY PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS ; AND PROVIDING FOR AN EFFECTIVE DATE . Michael Smith, Block Grant Coordinator, explained that this is one of the two grants obtained through the Community Development Block Grant Program and that it applies to the acquisition of approximately 7 acres which is located north of NW Ind It . at NW 12th Avenue, just west of Collins Elementary . Mr . Smith stated that 1 <' the amount of the grant is $172, 500. 00 and recommended adoption of the resolution approving the agreement . Regular Meeting 1 January 22, 1985 'As k- I � E k i A motion was made by Commissioner Cook , seconded by j Commissioner Adams to adopt the resolution . The motion j passed on the following roll call vote : i Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 3. BIDS 3 . 1 Recommendation on bids regarding the Water System Improvements/ U .S . 1 Utilities Relocation ; per review by City Staff . Deputy City Manager Jewell explained Staff' s request to table this item until the February 12th meeting due to the fact that all permits necessary to award the contract have not yet been obtained . A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to table the recommendation on bids regarding the Water System Improvements/U .S .1 Utilities Relocation until the next regular Commission meeting of February 12, 1985 . The motion passed unanimously . 4. PUBLIC HEARINGS ( Second and Final Reading ) k 4 . 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES ENTITLED "TRAFFIC" s BY AMENDING ARTICLE II THEREOF BY CREATING A NEW SECTION 25-27, PROHIBITING THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES DURING THE HOURS OF 10: 00 P .M . AND 6 A.M . i WITHIN THE CITY PURSUANT TO FLORIDA STATUTE 351 . 03(3 ) (A ) ; PROVIDING FOR CODIFICATION ; PROVIDING FOR SEVERABILITY ; 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 . ^� Mayor Byrd opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Adams, seconded by Commissioner Cook to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 4 . 2 (Continued from 1/8/85 Regular Commission Meeting ) (PZ-59-84 ; 180 Bryan Road ) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "BRYAN OAKS" , SAME BEING THE NORTH 295 FEET OF THE EAST 660 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH , RANGE 42 EAST ; SAID LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "BRYAN OAKS" ; AND 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 . Regular Meeting 2 January 22, 1985 I r 1 `I 1•, 1 f 1 1 City Manager Marant announced that Jan Hansen , the petitioner, requests that the ordinance to approve the plat of "Bryan Oaks" be continued until the Commission Meeting scheduled for February 26, 1985, to allow time to resolve a right-of-way issue raised by the City Engineer . A motion was made by Commissioner Cook , seconded by Commissioner Donly to continue the second and final reading of the ordinance approving the plat of "Bryan Oaks" until the Commission Meeting scheduled for February 26, 1985 . The motion passed unanimously . 5 . APPOINTMENTS/RESIGNATIONS 5. 1 Letter of Resignation from Howard Hirsch, Dania Industrial Advisory Board . Commission Acceptance and Action . Mayor Byrd read Howard Hirsch ' s letter of resignation from the Dania Industrial Advisory Board . i A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to regretfully accept Howard Hirsch ' s f resignation from the Dania Industrial Advisory Board . The motion passed unanimously . ** At this time the Commission agreed to add , as agenda item 8 . 3, Commissioner Adams ' appointee nomination to ,. fill the vacancy on the Industrial Advisory Board . 6 . PRESENTATIONS 6. 1 Presentation of the Audit submitted by Peat, Marwick and Mitchell , for the fiscal year 1983/84 . City Manager Marant explained the request that this item be continued until the next regular Commission meeting of February 12, 1985, per Finance Committee meeting of that morning . A motion was made by Vice-Mayor Bertino, seconded by r Commissioner Cook to continue the presentation of the 1983/84 audit submitted by Peat, Marwick and Mitchell until the Commission meeting scheduled for February 12, 1985 . The motion passed unanimously . * ADDENDUM ITEM : 6 . 2 Presentation of Citizen ' s Awards, by Commissioner Robert Donly . Commissioner Donly, Chairman of the Public Safety Committee , announced the presentation of Citizens ' Award Placques by Police Chief Rigo to Tim Lynch and Paul Fleshner for saving a woman ' s life by removing her from her vehicle moments before the vehicle was struck and destroyed on the Florida East Coast Railroad Trestle, and to William Fazzini for action leading to the arrest ? of a burglar who had entered his neighbor ' s home . 7 . PROCLAMATIONS - NONE 8. DISCUSSION 8 . 1 Discussion of Hazardous Waste Site in Port Everglades, l by Vice-Mayor John Bertino . (Continued from 1/8/85 regular Commission Meeting ) Regular Meeting 3 January 22, 1985 01 Vice-Mayor Bertino announced that Broward County has ' designated under State Statute that Port Everglades shall be a toxic waste site , but has not yet purchased the property . i The Vice-Mayor expressed his concern with the County selecting the site bordering on Dania without any input from the City ; his concern with the storage of hazardous chemicals and substances in a heavily populated area, and the lack of governmental regulatory controls ; his concern with the prevailing winds ; and his concern with the fact that an industrial accident in the area could result in tragedy . After discussion , a motion was made by Vice-Mayor Bertino , seconded by Commissioner Cook to direct the City Manager and the City Attorney to look into the situation and as soon as possible advise the City of any options or legal recourses that would be available in the event the County does not voluntarily remove Port Everglades as a toxic waste site . The motion passed s unanimously . 8 . 2 Request to apply for Broward County Land Use Amendment , by Griffin Road Partnership, per/Gustafson , Stephens, Ferris & Hall , P .A. , regarding Parcel North of Griffin 1 Road and West of Dania Cut-off Canal ; i Building Official Maxwell explained that per City procedural requirements, the petitioner is requesting Commission approval to go forward with the application i for Broward County Land Use Amendment . A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant the request by Griffin Road Partnership for permission to apply for Broward County Land Use Amendment . The motion passed unanimously. ** 8 . 3 Appointment to Dania Industrial Advisory Board A motion was made by Commissioner Adams, seconded by Vice-Mayor Bertino to adopt a resolution appointing Tim McCloud to the Dania Industrial Advisory Board . The motion passed unanimously . 9 . ADMINISTRATIVE REPORTS 9 . 1 CITY MANAGER MARANT - no comment . 9 . 2 CITY ATTORNEY ADLER - no comment . 10 . COMMISSIONERS COMMENTS 10. 1 COMMISSIONER ADAMS commented on not having a primary election this year and suggested Commission discussion on the pros and cons of eliminating future primaries . 10 .2 COMMISSIONER COOK - no comment . 10. 3 COMMISSIONER DONLY - no comment . 10 .4 VICE-MAYOR BERTINO - no comment . 10. 5 MAYOR BYRD reminded the Commissioners of the Tour of Airport Expansion Project 80 ' s planned for Friday, January 25th, at 3 : 30 p .m . 1 . l Regular Meeting 4 January 22, 1985 i., i V Y nn f rI j MAYOR BYRD then introduced some of the City Commission candidates that were in the audience . 11 . CITIZENS ' COMMENTS No verbal or written requests for citizens ' comments for this night ' s meeting were received . I This Regular Commission Meeting was then adjourned . MAYOR-COMMISSIONER CITY L R -AUDITOR 1 i 1 F !j I i i i 1Ji i i i Regular Meeting 5 January 22, 1985 tC +Wp tl } yt t{ 6 AY. V "W}AYWMwiYam.w.o.ew -an'u._ra, t a F71 r AGENDA DANIA CITY COMMISSION REGULAR MEETING JANUARY 22 , 1985 8 :00 P.M. I I INVOCATION - Pastor Michael Leininger, First Baptist Church of Dania PLEDGE OF ALLEGIANCE ROLL CALL e r I . CONSENT AGENDA Minutes 1 .1 Regular meeting , January 8 , 1985 Ordinances ( First Reading) 1 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING GUIDELINES FOR THE OPERATION OF OFF-ROAD VEHICLES, MOTORCYCLES, ALL TERRAIN VEHICLES , OFF-ROAD, OWNER, TRAILER AND SWAMP BUGGIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; 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. i Z . RESOLUTIONS -• 2 .1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE. CITY OF DANIA, FLORIDA, AND BROWARD COUNTY PROVIDING FOR FUNDING ro AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; i AND PROVIDING FOR AN EFFECTIVE DATE. 3 . BIDS 3 .1 Recommendation on bids regarding the Water System Improvements/ U .S . 1 Utilities Relocation; per review by City Staff. I '! 4 . PUBLIC HEARINGS (Second and Final Reading) 4 .1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 25 OE THE CODE OF ORDINANCES ENTITLED "TRAFFIC" BY AMENDING ARTICLE II THEREOF BY CREATING A NEW SECTION 25-27 , PROHIBITING THE SOUND ING OF RAILROAD TRAIN HORNS AND WHISTLES DURING THE HOURS OF 10 :00 P.M. AND 6 A.M. WITHIN THE CITY PURSUANT TO FLORIDA STATUTE f 351 .03 (3 ) (A) ; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 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. ! R t i ' I 1 OF 2 3 . 4 .2 (COI Led from 1/8/85 Regular et AN On iNANCE OF THE CITY OF DANIAI,mFLORIDAission ,1eAPP.,,,J'ING THE PLAT OF "BRYAN OAKS" , SAME BEING THE NORTH 295 FEET OF THE EAST 660 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "BRYAN OAKS" ; AND 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 . (PZ-59-84; 180 Bryan Road) 5 . APPOINTMENTS/RESIGNATIONS 5 .1 Letter of Resignation from Howard Hirsch, Dania Industrial Advisory Board . Commission Acceptance and Action. 6 • PRESENTATIONS 6 .1 Presentation of the Audit submitted by Peat, Marwick and Mitchell , for the fiscal year 1983/84 . 7 • PROCLAMATIONS - NONE 8 • DISCUSSION 8 .1 Discussion of Hazardous Waste Site in Port Everglades, by Vice-Mayor John Bertino. (Continued Commission Meeting) from 1/8/85 regular 8 .2 Request to apply for Broward County Land Use Amendment, by Griffin Road Partnership, P.A. , regarding Parcel North rofuGriffin ,Roadp and sWeststafsn , rOfsDaniall , Cut-off Canal ; 9 . ADMINISTRATIVE REPORTS 'r 9 .1 City Manager 9 .2 City Attorney 10 . COMMISSION COMMENTS 10 . 1 Commissioner Adams 10 .2 Commissioner Cook 10 .3 Commissioner Donly 10 .4 Vice Mayor Bertino 10 .5 Mayor Byrd 11 . CITIZENS ' COMMENTS - Comments by Dania Citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 :00 p.m, the second (2nd) and fourth (4th) Tuesdays 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 citizens(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 . 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. 2 OF 2