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HomeMy WebLinkAbout1982-05-26 Regular Meeting Recessed at 8:00 p.m. Continuation May 25, 1982, City Commission Meeting Minutes and Agenda MINUTES REGULAR MEETING DANIA CITY COMMISSION MAY 26, 1982 (CONTINUATION FROM MAY 25, 1982) Invocation by Father Joseph Spinelli 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 Administrative Aide: Nanci Denny Captain: Vern Johnson Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the minutes of the workshop meeting of May 6, and the regular meeting of May 11, 1982. The motion passed unanimously. 2. Public Hearings: a) Mayor Bertino opened the public hearing on the second reading of the ordinance approving the plat of "Sandpiper Bay Wyldwood". Mr. Motts Berry, representing Mrs. Ester Gordon, stepped forward to request approval . Hearing no one else speak in favor or opposi- tion, the Mayor then closed the public hearing. City Attorney Adler read the title of the ordinance approving the plat of "Sandpiper Bay Wyldwood" for second reading. A motion was made by Commissioner Cook, seconded by Commissioner Donly' to adopt on second reading the ordinance approving the plat of "Sandpiper Bay Wyldwood" as per the reading by the City Attorney. 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 amended ordinance for second reading rezoning the following described lands, to wit: Lots 2 through 6, Block 1, Lots 4 through 14, Block 2, Lots 1 through 17, Block 3, Lots 1 through 6, Block 4, that parcel indicated as "reserved", Lot A, Block 4, All of "College Tract First Addition" ; Tracts A,B,C,D,E,F and G of "College Tract Third Addition", Lots 24 through 47, Block 1, Lots 1 through 11, Block 2, Lots 1 through 15, Block 3, Lots 1 through B, Block 4, all of "Victory Heights" ; from existing zoning classifications of I-G and C-2 to I-R zoning classification. Regular Meeting -1- May 26, 1982 Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt on second reading the ordinance rezoning the described lands as indicated. 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 second reading of the ordinance amending Section 15-7 of Chapter 15 of the Code of Ordinances to amend the conditions that must be complied with to obtain an occupational license in the City of Dania. City Attorney Adler then read the title of the ordinance for second reading. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt on second reading the ordinance amending Section 15-7 of Chapter 15 of the Code of Ordinances to amend the conditions that must be complied with to obtain an occupational license in the City of Dania. 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) Mayor Bertino opened the public hearing on a variance request by Arael Medina to allow a fruit packing and shipping business in a C-3 (commercial ) zoning classification for the property located at 222 North Federal Highway. Building Official Maxwell informed the Commission that the Planning & Zoning Board, at their meeting of May 4th, 1982, had recommended approval of this variance request for existing structures upon subject property and with the submittal of a site plan to the Building Department by May 20th, 1982. The submitted site plan indicated a new structure within one foot of the north property line, therefore, it became necessary to file a new variance petition. Mr: Maxwell continued to say that this variance petition has been advertised for the Planning & Zoning Board meet= . ing of June 1st and the City Commission meeting of June 8th, 1982. Due to these facts, this variance petition has been withdrawn from this meeting. (Item N8 3. Assistant City Attorney Earl Gallop, representing the City of Dania with on agenda) regard to the Ft. Lauderdale/Hollywood International airport expansion project, stepped forward to report on the progress that is being made with the County regarding the different agreements. He expressed optimism in reaching final agreements with the County by Friday. Commissioner Byrd expressed his opposition to the County taking over Dania's Social Services Department. His concern was that the County could terminate the present employees and that the City would have no control over this. . The Commission then set a special meeting for Tuesday, June 1st at 4:15 P.M. to discuss and take action on these agreements after they have been reviewed by the County Commission at their meeting on Tuesday. (Public Hearings Continued) e) Mayor Bertino opened the public hearing on adoption of the resolution amending the General Fund Budget for the fiscal year 1981-82. Regular Meeting -2- May 26, 1982 City Attorney Adler then read the title of the resolution for adoption and informed the Commission that he would make the correc- tion in the title of the ordinance by deleting "Providing that all ordinances or parts of ordinances". Hearing no one speak in favor or opposition, the Mayor then closed the public hearing.: A motion was made by Commissioner Adams, seconded by Commissioner Cook to approve the resglution amending the General Fund budget for the fiscal year 1981-82. Commissioner Donly inquired into how the motorcycle has been helping regarding traffic problems. City Manager Marant informed the Commission that there has been one slight accident with the motorcycle and that it was not the officer's fault. He added that the program has worked successfully and that in the future he may recommend a second motorcycle be purchased. Commissioner Byrd inquired into monies for the Dania Economic Develop- ment Corporation. He also asked about extending West Dania Beach Boulevard. City Manager Marant informed Commissioner Byrd that Community Development Block Grant was in the process of completing this road. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes f) City Attorney Adler read the title of the resolution amending the Federal Revenue Sharing budget for the fiscal year 1981-82. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the resolution amending the Federal Revenue Sharing budget for the fiscal year 1981-82. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes a g) City Attorney Adler read the title of the ordinance amending the Water Fund budget for the fiscal year 1981-82 for first reading. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Cook to adopt on first reading the ordinance amending the Water Fund budget for the fiscal year 1981-82. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes h) City Attorney Adler read the title of the ordinance amending the Sewer Fund budget for the fiscal year 1981-82.for first reading. Mayor Bertino opened the public hearing. Hearing no one speak in favor Regular Meeting -3- May 26, 1982 • or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt on first reading the ordinance amending the Sewer Fund budget for the fiscal year 1981-82. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes i) City Attorney Adler read the title of the ordinance amending the Fish- ing Pier budget for the fiscal yeah 1981-82 for first reading. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Donly to adopt the ordinance on first reading amending the Fishing Pier budget for the fiscal year 1981-82. City Manager Marant informed the Commission on the progress that is being made with regard to opening the Fishing Pier restaurant. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes j) City Attorney Alder informed the Commission on amendments to the ordinance amending Article 4 of Ordinance No. 100 entitled "District Regulations" by changing on Page 2,•C-4, #4 where it reads "Parking Facilities" to "Parking Facilities for Permitted Uses. Only" and where it reads "Permitted Uses" under I-G, Item #7 "Parking Facilities" has been changed to "Parking Facilties for Permitted Uses Only". Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to amend the ordinance amending Article 4 of Ordinance No. 100 entitled "District Regulations" as read by the City Attorney. 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 Attorney Adler then read the title of the ordinance for second ' reading. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt on second reading the ordinance amending Article 4 of Ordinance No. 100 entitled "District Regulations" by amending the schedules of the use regulations for district classifications designated C-4 and I-G; and setting forth in the schedule of use regulations the purpose, permitted uses, accessory uses and special exception uses in said districts. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes Regular Meeting -4- May 26, 1982 S:. 1 (Item 4. City Attorney Adler informed the Commission that he has prepared an #3 on ordinance controlling garage sales within the City of Dania, but that agenda) he needs further information concerning: fees, the amount of times people can hold garage sales, how long they can hold them, and fines if this ordinance is not obeyed. Mayor Bertino then opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Donly to adopt the ordinance controlling garage sales for first reading by adding; $5.00 license fee, one location per any one person in a 6 month period, 3 day duration, fine not less than $25.00 or more than $500.00 and imprisonment not to exceed 30 days. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes (Item 5. Phillip Rubin from P & H Fireworks Co. stepped forward to renew his license #4 on to sell novelty-type sparkler items at 714 South Federal Highway and 1904 agenda) Stirling Road. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to approve the request by P & H Fireworks Co.' to renew their license for selling novelty-type sparkler items at 714 South Federal Highway and 1904 Stirling Road as long as the petitioner conforms to the same conditions as set forth a year ago and as long as these items are approved by the fire inspector. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes (Item 6. rDtark Novin, Personnel Director, stepped forward to inform the Commission #5 on that the General Employees have submitted authorization cards showing agenda) that 76% of the General Employees would like to be represented by the General Employee's Association and that they have followed all the guidelines set forth by the Public Employee Relations Commission in Tallahassee. He added that the Commission has the opportunity to voluntarily recognize the General Employee's Association as the sole and exclusive bargaining agent of the General Employees or, if they choose, not to recognize them. A motion was made by Commissioner Byrd, seconded by Commissioner Donly to voluntarily recognize the GEA (General Employee's Association) as the bargaining agent for the General Employees of the City of Dania. The motion passed unanimously. (Item 7. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to #6 on advertise for bids for one trash truck and two pick-up trucks for the Public agenda) Works Department. The motion passed unanimously. City Manager Marant reported on how these trucks would be used. (Item 8. City Manager Marant requested approval to purchase two compact cars and one #7 on standard size car on State Contract #118070008 in the amount of $21,941.58 agenda) to be used for the Building Department, Fire Department, and Recreation De- partment. A motion was made by Commissioner Cook, seconded by Commissioner Donly to authorize the City Manager to purchase two compact cars and one standard size car on State Contract P118070008 in the amount of $21,941.58. Regular Meeting -5- May 26, 1982 r� The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 9. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the bills for the month of April , 1982. The motion passed unani- mously. 10. City Manager Marant recommended approval of the resolution expending $4,300.00 for roofing repairs to the pier restaurant and bait and tackle store. He added that this is a budgeted item. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt the resolution authorizing the expenditure of $4,300.00 without com- petitive biding for roofing repairs to the pier restaurant and bait and tackle store. City Attorney Adler read the title of the resolution. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 11. Citizens' Comments: A concerned citizen inquired into the procedure as set forth by the Commission for Citizens' Comments. 12. Administrative Reports: a) City Manager Marant reported on his communications with City Manager Connie Hoffman of Fort Lauderdale concerning the,building of a sludge plant on Taylor Road. City Attorney Adler informed the Commission that the land on Taylor Road is not zoned for that type of construction. The Commission decided to discuss this subject matter after a formal request is received from Fort Lauderdale. City Manager Marant commended the Commission for their support of the Administration with regards to negotiations with the County on the Ft. Lauderdale/Hollywood International airport expansion project. 13. Mayor Bertino read a proclamation proclaiming May 28th, 1982, as Bicycle Day. Mayor Bertino reported that approximately 900 signatures were received on petitions opposing the closing of the Broward County Library-Dania Branch and that after meeting with County officials, he feels very optimistic that they will not close this library. The Commissioners each commended all those people involved in their efforts in helping with this cause and everyone involved with the Ft. Lauderdale/ Hollywood International airport expansion project. Commissioner Donly commended the Commission and Administration for making it possible for everyone to attend the Adam Walsh fund raising event on May 25th. He also asked that they take notice of a letter he placed in their boxes from Mike Sitig from the Florida League of Cities. Regular Meeting -6- May 26, 1982 A motion was made by Commissioner Byrd, seconded by Commissioner Donly to adjourn this meeting. The motion passed unanimously. A - OMMISSIONER CITY CLER UDITO Regular Meeting -7- May 26, 1982 y i.. i1::' PLEASE BE ADVISED THAT THE CITY COMMISSION MEETING SCHEDULED FOR 5-25-82 WILL BE RE DP LP.M. THE DEETIN ILLRECONVENET P.M. ON WEDNESDAY, 5-26-82._ AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 25, 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 a eal is to be based. Invocation by Father Joseph Spinelli. Pledge of Allegiance. Roll Call . 1. Approval of the minutes of the workshop meeting of May 6, and the regular meeting of May 11, 1982. 2. Public Hearings: a) Second reading of ordinance approving the plat of "Sandpiper Bay Wyl,dwood". b) Second reading of ordinance rezoning the following described lands, to wit: Lots 2 through 6, Block 1, Lots 2 through 14, Block 2, Lots 1 through 17, Block 3, Lots 1 through 6, Block 4, that parcel indicated as "reserved", Lot A, Block 4, all of "College Tract First Addition"; Tracts A, B, C, D, E, F and G of "College Tract Third Addition", Lots 24 through 47, Block 1, Lots 1 through 11, Block 2, Lots 1 through 15, Block 3, Lots 1 through 8, Block 4, all of Victory Heights; from existing zoning classifications of I-G and C-2 to I-R zoning classification. EXHIBIT: Ordinance c) Second reading of ordinance amending Section 15-7 of Chapter 15 of the Code of Ordinances to amend the conditions that must be complied with to obtain an occupational license in the City of Dania. d) A variance is requested by Arael Medina to allow a fruit packing and shipping business in a C-3 (commercial) zoning classification for the property located at 222 North Federal Highway. The Planning and Zoning Board recommended approval with the submittal of a site plan no later than May 20, 1982. EXHIBIT: Notice of Hearing (PZ-13-82) e) Adoption of a resolution amending -the General Fund budget for fiscal year 1981-82. EXHIBIT: Resolution and budget previously distributed f) Adoption of a resolution amending the Federal Revenue Sharing budget for fiscal year 1981-82. EXHIBIT: Resolution and budget previously distributed g) First reading of an ordinance amending the Water Fund budget for fiscal year 1981-82. EXHIBIT: Ordinance and budget previously distributed h) First reading of an ordinance amending the Sewer Fund budget for fiscal year 1981-82. EXHIBIT: Ordinance and budget previously distributed i) First reading of an ordinance amending the Fishing Pier budget for fiscal year 1981-82. EXHIBIT: Ordinance and budget previously distributed j) Second reading of an ordinance amending Article 4 of Ordinance No. 100 entitled "District Regulations" by amending the schedules of the use regulations for district classifications designated C-4 and I-G; and setting forth in the schedule of use regulations the purpose, permitted uses, accessory uses and special exception uses in said districts. 3. Discussion and first reading of an ordinance controlling garage sales within the City of Dania. 4. Request by P & H Fireworks Co. to sell novelty-type sparkler items at 714 South Federal Highway and 1904 Stirling Road. EXHIBIT: Applications 5. Discussion and possible action on the proposal submitted for voluntary recognition by the General Employees. EXHIBIT: Recognition-Acknowledgment Petition 6. Request to advertise for bids for one trash truck and two pick-up trucks for the Public Works Department. 7. Request to purchase two compact cars and one standard size car on State Contract #118070008 in the amount of $21,941.58. 8. Discussion and possible action on agreement between the City of Dania and Broward County with regard to the airport expansion. 9. Approval of the bills as paid for the month of April , 1982. 10. Discussion and possible adoption of resolution authorizing the expendi- ture of approximately $4500 for the repair of the roof of the building located on the pier. EXHIBIT: Resolution forthcoming 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 Regular Commission Agenda -2- May 25, 1982