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HomeMy WebLinkAboutRegular Meeting (83) MINUTES DANIA CITY COMMISSION REGULAR MEETING JANUARY 25, 1983 Invocation by Father 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 City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Absent: Building Official : Paul Maxwell (death in family) Zoning Consultant: Luther Sparkman (illness) 1. CONSENT AGENDA: A motion was made by Commissioner Byrd, seconded by Commissioner Adams to approve the following consent agenda: 1.1 January 11, 1983, workshop meeting 1.2 January 11, 1983, regular meeting 1.3 January 18, 1983, workshop meeting 1.4 RESOLUTION DESIGNATING INSPECTORS AND CLERKS TO SERVE AS OFFICERS IN THE PRIMARY ELECTION OF THE CITY OF DANIA, FLORIDA, TO BE HELD ON TUESDAY, THE 8TH DAY OF FEBRUARY, 1983, AND THE GENERAL ELECTION TO BE HELD ON TUESDAY, THE 8TH DAY OF MARCH, 1983. 1.7 RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO SUPPORT INCREASING THE MEMBERSHIP OF THE SOUTH BROWARD PARKS DISTRICT BOARD OF COMMISSIONERS SO THAT EACH MUNICIPALITY IN THE DISTRICT SHALL HAVE THE RIGHT TO APPOINT A REPRESENTATIVE TO SERVE AS 'A MEMBER OF SAID BOARD. City Attorney Adler read the titles of the resolutions .1.4 and 1.7. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes MAYOR BERTINO REQUESTED THAT ITEMS 1.5, 1.6, and 1.8 BE PULLED FROM THE CONSENT AGENDA FOR DISCUSSION: 1.5 After discussion, a motion was made by Mayor Bertino, after passing the gavel , seconded by Commissioner Donly to amend the resolution providing for the closing of the agenda for each meeting of the City Commission; and providing requirements in connection with items to be placed on the agenda; and providing for delivery of the agenda to the City Commissioners; by adding a section that states: "THAT AT ANY TIME ITEMS MAY BE PUT ON THE AGENDA DURING A REGULAR MEETING WITH THE CONSENT OF THE MAJORITY OF COMMISSIONERS PRESENT, EXCLUSIVE OF ANY ITEM REQUIRING A LEGAL ADVERTISEMENT PERIOD". The motion passed on the following roll call vote: Regular Meeting -1- January 25, 1983 Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes A motion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt this resolution as amended. The motion passed unanimously. 1.6 Mayor Bertino inquired into the legal language of the resolution authorizing the appropriate City Officials to submit a request for a Community Development Block Grant to the Community Development Division of Broward County. A motion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt this resolution. Commissioner Cook made a motion to adopt this resolution with the added stipulation that this resolution will only be effective upon the submission of the application for the funds to the Commission for approval , seconded by Commissioner Donly. Commissioner Byrd withdrew his second to the first motion. The second motion passed with Commissioner Byrd voting no. 1.8 City Attorney Adler explained to the Commission and audience the reason for the resolution approving the first supplement to the January 16, 1981, lease and licensing agreement between the City of Dania and the Carrousel Group, Inc. , and authorizing and direct- ing the execution of same by the appropriate officials. After lengthy discussion, a motion was made by Commissioner Adams, seconded by Commissioner Byrd to adopt this resolution. The motion passed unanimously. 2. PUBLIC HEARINGS: 2.1 Mayor Bertino read the title and opened the public hearing on second and final reading of the ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ENTITLED "HEALTH AND SANITATION' BY ADDING A NEW SECTION DESIGNATED AS SECTION 13-71 AND ENTITLED "REFUNDS AND ADJUSTMENTS OF GARBAGE AND/OR TRASH PICK UP CHARGES" TO PROVIDE A LIMITATION OF THE TIME IN WHICH AN APPLICATION FOR A REFUND OR ADJUST- MENT OF A GARBAGE OR TRASH PICK UP CHARGE CAN BE MADE." Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A mtoion was made by Commissioner Donly, seconded by Commissioner Byrd to adopt the ordinance on .second and final reading as stated above. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 2.2 City Attorney Adler read the title of the ordinance for second and final reading entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ENTITLED "WATER AND SEWERS" BY ADDING A NEW SECTION DESIGNATED AS SECTION 27-184 AND ENTITLED "REFUNDS AND ADJUSTMENTS OF WATER AND SEWER CHARGES" TO PROVIDE A LIMITATION OF TIME IN WHICH AN APPLICA- TION FOR A REFUND OR ADJUSTMENT OF A WATER OR SEWER CHARGE CAN BE MADE." 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 Byrd, seconded by Commissioner Cook Regular Meeting -2- January 25, 1983 to adopt this ordinance on second and final reading as stated. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes REZONING 2.3 City Attorney Adler read the title of the ordinance for second reading rezoning Lots 7, 8, 9 and 10, Block C, HANSEN & NELSON SUBDIVISION from RD-6000 to C-3 zoning classification as requested by Samuel B. Berger, (PZ-4-83) for property located between Griffin Road and NW Third Place, 50 feet west of NW 5th Avenue. Mayor Bertino then opened the public hearing. Mr. Berger stepped forward to present the reason for this rezoning request. Hearing no one speak in opposition, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt this ordinance on second reading rezoning lots 7,8, 9 and 10, Block C, HANSEN & NELSON SUBDIVISION from RD-6000 to C-3 zoning classification. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes Commissioner Donly added that this ordinance is moving to place this property in conformity with Dania's Land Use Plan. 3. PERMITS 3.1 A motion was made by Commissioner Adams, seconded by Commissioner Donly to approve the request by KFC Foods, Inc. , to display a banner at 506 South Federal Highway. The motion passed unanimously. City Attorney Adler informed the Commission that he is preparing an amended ordinance to the ordinance regarding banners so that issuing permission to display banners can be handled through the Building Department instead of coming before the Commission for approval . 4. DISCUSSION 4.1 Mr. Keith Cobb and Ms. Mary Wood from the auditing firm of Peat, Mar- wick, Mitchell & Co. , were present to inform the Commission that the 1981-82 audit report was very possitive and that a management letter has been submitted with a few minor points of change. The Commission commended the firm of Peat, Marwick, Mitchell & Co. , for their professionalism in conducting this audit. 4.2 Mr. Clifford Iacino, Chairman of Save Our Schools Coalition, presented a request for Dania to adopt a resolution requesting Broward County School Board to hold a Public Hearing on the S.C.O.P.E report before any action is taken in connection with any recommendations for closing any schools. Mr. Iacino informed the Commission that this organiza- tion is meeting with the School Board on February 3, 1983. A motion was made by Commissioner Byrd, seconded by Commissioner Adams to declare adoption of this resolution an emergency due to Dania not having another regular meeting before February 3, 1983. The motion passed unanimously. J City Attorney Adler then read the title of the proposed resolution. Regular Meeting -3- January 25, 1983 A motion was made by Commissioner Adams, seconded by Commissioner Byrd to adopt the resolution requesting Broward County School Board to hold Public Hearings on the S.C.O.P.E Report along with requesting that these public hearings be held in the evenings so that parents can attend; that they hold these public hearings in a facility large enough to allow public participation; and that there be a full School Board present. The Commission directed City Attorney Adler to pre- pare this resolution and to get the proper officials to sign this document for Mr. Iacino to present at the February 3, 1983, School Board meeting. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner Donly-yes Commissioner Byrd-yes Mayor Bertino-yes Commissioner Cook-yes 4.3 City Manager Marant requested policy direction concerning annexation of lands west of the present city boundaries. Mr. Marant informed the Commission that he and City Engineer John Calvin had reviewed the best possible recommendation of annexation to be as follows: to annex all commercial properties west of the present city boundaries at Ravenswood Road west on Stirling Road until a point that reaches Escom County that would begin residential areas-(leaving out that area) then begin again at 441 and Stirling Road North to Griffin Road come back east on both the north and south side of Griffin Road then go to Ravenswood Road north on east side up to I-95. City Engineer John Calvin then pointed these areas out on the map. City Manager Marant requested that he be directed to notify, by mail , all. of the commercial properties involved for public hearings to be held and then to go through the legal process provided by law for annexation of this land. Mr. Marant also suggested that either him- self or one of the Commissioners present this plan of annexation to the Broward County Commission and that he had reserved a slot on their agenda for Tuesday, February 1, 1983. A motion was made by Commsisioner Byrd, seconded by Commissioner Donly to direct the City Manager to pursue this particular plan for annexation. The motion passed unanimously. 4.4 City Manager Marant reported on the 201 Facilities Plan Amendment for the south region of Broward County and informed the Commission of the need for them to attend a public hearing being held at Hollywood City Hall January 26, 1983, at 7:00 P.M. with regards to this item'. 4.5 City Manager Marant reported on the sub-committee activities regarding solid waste disposal . Mr. Marant recommended that the Broward League of Cities hire a negotiator to negotiate a contract in the resource recovery area for cities to be a party in the decisions regarding solid waste disposal with Broward County. 4.6 City Attorney Adler read the title of the resolution authorizing the appropriate city officials to submit a request to the Community Development Division of Broward County for a grant to initiate a commercial revitalization project in the City of Dania. A moton was made by Commissioner Cook, seconded by Commissioner Donly to adopt the resolution authorizing the appropriate city officials to submit a request to the Community Development Division of Broward County for a grant to initiate a commercial revitalization project in the City of Dania with the added stipulation that this resolution is only effective upon the submission of the application to the Commis- sion. The motion passed unanimously. 4.7 Mayor Bertino read the title of the resolution congratulating Genevieve C. Ely on the 25th Anniversary of the Ely Antique Show. A motion was made by Commissioner Cook, seconded by Commissioner Donly •to adopt this resolution as read. The motion passed unanimously. Regular Meeting -4- January 25, 1983 . o 0 5. CITIZENS' COMMENTS: No Comments 6. ADMINISTRATIVE REPORTS: A Special Meeting was set for Thursday, January 27, 1983, at 5:30 P.M. to approve the Block Grant Application regarding item 4.6. 7. COMMISSION COMMENTS: Commissioner Cook requested that City Manager Marant look into trucks turning around in the area of SW 4 Terrace and SW 2nd. Avenue causing traffic problems. Commissioner Byrd inquired into what areas that are not being serviced by Broward Cable TV and commended City Manager Marant for his concern of the citizens in Dania. Mayor Bertino commented on his concern with the procedure of the consent portion of the agenda. Mayor Bertino congratulated George Anthony Koval for his admittance into the Naval Academy. 8. ADJOURNMENT A motion was made by Commissioner Adams, seconded by Commissioner Byrd to adjourn this meeting. The motion passed unanimously. OR-C MMISSIONER CITY CLER:-OUDR�.�R Regular Meeting -5- January 25, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING JANUARY 25, 1983 8:00 P.M. Invocation by Father Spinelli Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 January 11, 1983, Workshop Meeting 1.2 January 11, 1983, Regular Meeting 1.3 January 18, 1983, Workshop Meeting RECOMMENDATION: Approval Resolutions 1.4 A RESOLUTION DESIGNATING INSPECTORS AND CLERKS TO SERVE AS OFFICERS IN THE PRIMARY ELECTION OF THE CITY OF DANIA, FLORIDA TO BE HELD ON TUESDAY, THE 8TH DAY OF FEBRUARY, A.D. 1983 AND THE GENERAL ELECTION TO BE HELD ON TUESDAY, THE 8TH DAY OF MARCH, A.D. 1983. 1.5 A RESOLUTION PROVIDING FOR THE CLOSING OF THE AGENDA FOR EACH MEETING OF THE CITY COMMISSION; AND PROVIDING REQUIREMENTS IN CONNECTION WITH ITEMS TO BE PLACED ON THE AGENDA; AND PROVIDING FOR DELIVERY OF THE AGENDA TO THE CITY COMMISSIONERS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. 1.6 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT A REQUEST FOR A COMMUNITY DEVELOPMENT BLOCK GRANT TO THE COMMUNITY DEVELOPMENT DIVISION OF BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. ✓ 1.7 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO SUPPORT INCREASING THE MEMBERSHIP OF THE SOUTH BROWARD PARKS DISTRICT BOARD OF COMMISSIONERS SO THAT EACH MUNICIPALITY IN THE DISTRICT SHALL HAVE THE RIGHT TO APPOINT A REPRESENTATIVE TO SERVE AS A MEMBER OF SAID BOARD; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1.8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, APPROVING FIRSTMENT LEASE AND INC.L,IANDSING AUTHORIZINGN BETWEEN AND DIRECTING THE EXECUTION OF SAME BY THE APPROPRIATE CITY OFFICIALS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE- WITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. RECOMMENDATION: Approval 2. PUBLIC HEARINGS Ordinances - Second and Final Reading 2.1 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ENTITLED "HEALTH AND SANITATION" BY ADDING A NEW SECTION DESIGNATED AS SECTION 13-71 AND ENTITLED REFUNDS AND ADJUSTMENTS OF GARBAGE AND/OR TRASH PICK UP CHARGES" TO PROVIDE A LIMITATION OF THE TIME IN WHICH AN APPLICATION FOR A REFUND OR ADJUSTMENT OF A GARBAGE OR TRASH PICK UP CHARGE CAN BE MADE; 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." 2.2 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ENTITLED "WATER AND SEWERS" BY ADDING A NEW SECTION DESIGNATED AS SECTION 27-184 AND ENTITLED "REFUNDS AND ADJUSTMENTS OF WATER AND SEWER CHARGES" TO PROVIDE A LIMITATION OF THE TIME IN WHICH AN APPLICATION FOR A REFUND OR ADJUSTMENT OF A WATER OR :SEWER CHARGE CAN BE MADE; 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." RECOMMENDATION: Approval Rezonings 2.3 PZ-4-83, Samuel B. Berger, between Griffin Road and NW Third Place, 50 feet west of NW 5th Avenue. 3. PERMITS 3.1 Request by KFC Foods, Inc. to display banner at 506 South Federal Highway. RECOMMENDATION: Approval 4. DISCUSSION 4.1 Presentation of 1981-82 audit report by Peat, Marwick, Mitchell & Co. 4.2 Report by Mr. Iacino, Chairman of Save Our Schools Coalition. 4.3 Policy direction concerning annexation of lands lying west of present city boundaries. 4.4 Report on 201 Facilities Plan Amendment for the south region of Broward County. 4.5 Report on sub-committee activities regarding solid waste disposal . 5. 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. 6. ADMINISTRATIVE REPORTS 6.1 City Manager 6.2 City Attorney 7. COMMISSION COMMENTS 7.1 Commissioner Adams 7.2 Commissioner Cook 7.3 Commissioner Donly 7.4 Vice-Mayor Byrd 7.5 Mayor Bertino 8. Adjournment -----------------------------------------------------=------------------------------- 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.