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HomeMy WebLinkAbout1983-04-26 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 26, 1983 .Y Invocation by Commissioner Jean Cook Pledge of Allegiance Roll Call : Present: Mayor: Chester A. Byrd Vice Mayor: John Bertino Commissioners: Jean Cook. James Adams Robert Donly City Manager: Richard Marant City Attorney: Frank Adler Deputy City Clerk: Mary Jabalee Captain: Vern Johnson Building Official : Paul Maxwell Officer Phil Johnson presented an Honorable Mention Award to Mr. Edward McDonald regarding his assistance in the arrest of a hit and run driver. 1. CONSENT AGENDA Minutes 1.1 April 12, 1983, Regular Meeting Resolutions 1.2 Resolution granting permission to F.G.I. Investors to do the necessary dredging and filling in connection with the Pirates World Development. Mr. John Calvin read into the record the Department of Environmental Regulation Permit Application Appraisal Biological and Water Quality Assessment regarding this resolution. Ordinances 1.3 Ordinance entitled "AN ORDINANCE OF CITY OF DANIA, FLORIDA, DECLARING AND ORDAINING THAT THE BROWARD COUNTY HUMAN RIGHTS ORDINANCE NO. 0-78-29, AS AMENDED, TO BE INAPPLICABLE TO THE CITY OF DANIA AS AN EMPLOYER, PROVIDING A SEVERABILTIY CLAUSE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES OR ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE " was read for first reading by Mayor Byrd. A motion was made by Commissioner Adams, seconded by Commissioner Donly to approve the consent agenda items #i1.1, 1.2, and 1.3. The motion passed with Vice Mayor Bertino voting no. 2. OCCUPATIONAL LICENSES 2. 1 P & H Fireworks, Inc. , 714 South Federal Highway Mr. Phillip Mark Rubin stepped forward to request approval of an 11 day occupational license for the outdoor sales of novelty sparkler items from June 24th to July 4th, 1983. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the occupational license for the location at 714 South Federal Highway from June 24th to July 4th for Regular Meeting -1- April 26, 1983 P & H Fireworks, Inc. , as long as all city requirements are met. Vice Mayor Bertino expressed his opposition. The motion passed with Vice Mayor Bertino voting no. 2.2 Aesy Pawn Shop, Inc. , 1548-1550 South Federal Highway Mr. Claude Lessard stepped forward to request approval of an occupational license for a pawn shop at 1548-1550 South Federal Highway. Discussion followed concerning this item being denied at the regular meeting of April 12th and why it was placed back on this agenda. Mr. Lessard explained that he was not informed to appear at the last regular meeting, therefore the :Commission decided to take action again. A motion was made by Vice Mayor Bertino, seconded by Commissioner Donly to deny the request by Aesy Pawn Shop, Inc. for an occupational license. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Bertino-yes Commissioner Cook-no Mayor Byrd-yes Commissioner Donly-yes 3. PUBLIC HEARINGS: Ordinances- Second and Final Readings 3.1 "Design Center of the Americas" plat was withdrawn from agenda. 3.2 "Design Center Hotel/Office complex" plat was withdrawn from agenda. COMMISSION CONTINUED ITEMS 3.1 and 3.2 TO MAY 17thiREGULAR MEETING. 3.3 Mayor Byrd read the title of the ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ASSESSING AND LEVYING SANITARY SEWER AND WATER I14PACT CONNECTION CHARGES; PROVIDING THE AUTHORIZATION FOR LEVYING CHARGES; PROVIDING DEFINITIONS; PRO- VIDING THE AMOUNTS AND METHOD OF CALCULATING SUCH CHARGES; PRO- VIDING FOR A SPECIAL ACCOUNT FOR DEPOSIT OF FUNDS COLLECTED AND RESTRICTIONS ON THE EXPENDITURE OF SUCH FUNDS; PROVIDING FOR SEVERABILITY AND CODIFICATION; 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.RETROACTIVE TO JULY 13, 1976. City Attorney Adler informed the Commission of some changes that have been made to this ordinance since first reading. A motion was made by Vice Mayor Bertino, seconded by Commissioner Donly to adopt this ordinance on second and final reading. The motion passed unanimously. Special Exceptions 3.4 PZ-22-83, Steve Diamond and Bill Richter d/b/a Round-up Restaurant, 1302 South Federal Highway. Mrs. Pamala Caputo who is the owner of the property located at 1302 South Federal Highway stepped forward to request approval . of the special exception by Steve Diamond and Bill Richter d/b/a Round-Up Restaurant. After discussion, a motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this special exception request until the regular meeting of May 17, 1983, so that the petitioners who are requesting this can be present. The motion passed unanimously. Rezoning - First reading of ordinance Regular Meeting -2- April 26, 1983 3.5 M.I.M.E. , Inc. (Merrill Cohen), Southwest corner of Byran Road and Tigertail Boulevard (NW First Street). Building Official Maxwell informed the Commission that Mr. Cohen was in the hospital at the time the Planning and Zoning Board heard this request and decided to continue until their next regular meeting. Mr. Maxwell recommended that this rezoning ordinance be continued until after the Planning and Zoning Board has reviewed. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to continue this ordinance for the next regularly scheduled meeting after the Planning and Zoning Board meeting. The motion passed unanimously. 4. DISCUSSION 4.1 A motion was made by Commissioner Donly, seconded by Commissioner Cook to appoint Robert Kaplan as the seventh member of the Code Enforcement Board for. a three year term. The motion passed unanimously. 4.2 City Manager Marant presented his recommendation on awarding the surplus equipment as per his memorandum dated April 18, 1983. A motion was made by Vice Mayor Bertino, seconded by Commissioner Adams to award the bids for surplus equipment as follows: 1. 1964 Ford P/U Truck-ID#F35JN490703 To; Mr. Zollie Sherred in the amount of $300.00 2. 1965 Chevrolet P/U Truck ID#4C364A121871 To; Mr. Walter Livingston in the amount of $250.00 3. 1970 Chevrolet P/U Truck ID#CS14OB131203 To; Mr. Zollie Sherred in the amount of $200.00 4. 1975 Chevrolet Malibu ID#1C29H4D452452 To; Mac's Towing Service in the amount of $108.00 5. 1975 Chevrolet Nova ED#1C29H5452402 To; Starkey Road Auto Parts in the amount of $353.00 6. 1979 Dodge Aspen ID# NL41G9B2I5263 To; Starkey Road Auto Parts in the amount of $453.00 7.. 1980 Plymouth Volare. ID#HL41GAF184221 To; Starkey Road Auto Parts in the amount of $503.00 8. 1980 Plymouth Volare ID HL41CAF184222 To; Starkey Road Auto Parts in the amount of $503.00 9. 1980 Ford Fairmont ID#K92D225413 To; Mac's Towing Service in the amount of $360.00 10. One 10-KW Gasoline Generator To; Mac's Towinq Service in the amount of $289.00 (ADDED AGENDA The motion passed unanimously. ITEM) 5. CITIZESEE N' COMMENT DISCUSSION AND ACTION UNDER ITEM 7.5 Mrs. Butler stepped forward to express appreciation to the City for their assistance to one of the citizens who has been disabled. Mr. DiMao encouraged citizens to attend a meeting of the "Friends of the Library". being held on May 26, 1983. Mr. DiMao informed the Commission that a contest is being held for picking a logo for the library. Regular Meeting -3- April 26, 1983 6. ADMINISTRATIVE REPORTS: 6.1 City Manager Marant requested that the Commissioners who submitted their nominations for the Civil Service Board; please obtain a brief resume from each person to present to the General Employees at the election being held on Friday, 2 City Manager Marant requested that the Commission make a determination with regards to the Department Head Compensa- tion Plan. 6.2 City Attorney Adler informed the Commission of the decision that the Courts have come to regarding the Dania Shopping Center suit. Mr. Adler suggested that the Commission refer this matter over to the City Manager, Building Official and himself to review for a recommendation on whether or not the City should appeal this decision. A motion was made by Commissioner Cook, seconded by Commissioner Adams to allow the City Manager, Building Official and City Attorney to make a recommendation as to whether or not to appeal the courts' decision. The motion passed unanimously. 7. COMMISSION COMMENTS: 7. 1 Commissioner Adams-no comments 7.2 Commissioner Cook requested that Mayor Byrd explain the Presidential Award he was presented with at Bethune College. Mayor Byrd informed the audience of this honor. t' 7.3 Commissioner Donly-no comments 7.4 Vice Mayor Bertino commended the different organizations and clubs in Dania for their community involvement and help to 'r. the citizens of Dania. 7.5 Mayor Byrd commented that he had spoken with Nanci Bright from the Broward County Planning Council regarding the redesigning of the AlA corridor. He suggested that a letter be sent to the Planning Coundil requesting them not to make a determination regarding this matter at their meeting scheduled for Thursday, April 28, 1983. A motion was made by Commissioner Donly, seconded by Commissioner Cook to send a letter to the Planning Council requesting them not to action regarding the redesigning of the A1A corridor. Vice Mayor Bertino made a substitute motion, seconded by Commissioner Donly to go on record opposing any roadway going through the NE 5th Avenue area and to direct City Manager Marant to send a letter to this effect to the Planning Council and all interested parties. Mr. Marant requested that this item be added to the agenda as item N4.3. The motion passed on the following roil call vote: Commissioner Adams-yes Vice Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-no Commissioner Donly-yes A motion was made by Commissioner Adams, seconded by Commissioner Cook to adjourn this meeting. The motion passed unanimously. aa�_6,&Vg� DEPUTY JLLKK MAYOR-COMMISSIONER Regular Meeting -4- April 26, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 26, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call Presentation of Honorable Mention Award to Edward McDonald. 1. CONSENT AGENDA Minutes 1.1 April 12, 1983, Regular Meeting RECOMMENDATION: Approval Resolutions 1.2 Resolution granting permission to F.G.I. Investors to do the necessary dredging and filling in connection with the Pirates World Development. RECOMMENDATION: Approval Ordinances 1.3 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, DECLARING AND ORDAINING THAT THE BROWARD COUNTY HUMAN RIGHTS ORDINANCE NO. 0-78-29, AS AMENDED, TO BE INAPPLICABLE TO THE CITY OF DANIA AS AN EMPLOYER, PROVIDING A SEVERABILITY 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. RECOMMENDATION: Approval 2. OCCUPATIONAL LICENSES 2.1 P & H Fireworks, Inc. , 714 South Federal Highway 2.2 Aesy Pawn Shop, Inc. , 1548-1550 South Federal Highway. 3. PUBLIC HEARINGS Ordinances - Second and Final Reading 3.1 "Design Center of the Americas" plat. 3.2 "Design Center Hotel/Office Comples" plat. 3.3 Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ASSESSING AND LEVYING SANITARY SEWER AND WATER IMPACT CONNECTION CHARGES; PROVIDING THE AUTHORIZATION FOR LEVYING SUCH CHARGES; PROVIDING DEFINITIONS; PRO- VIDING THE AMOUNTS AND METHOD OF CALCULATING SUCH CHARGES; PROVIDING FOR A SPECIAL ACCOUNT FOR DEPOSIT OF FUNDS COLLECTED AND RESTRICTIONS ON THE EXPENDITURE OF SUCH FUNDS; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLU- TIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING AN EFFECTIVE DATE RETROACTIVE TO JULY 13, 1976. RECOMMENDATION: Approval Special Exceptions 3.4 PZ-22-83, Steve Diamond and Bill Richter d/b/a Round-up Restaurant, 1302 South Federal Highway 0- Rezoning - First Reading of Ordinance 3.5 M.I.M.E. , Inc: Merrill Cohen) , southwest corner of Bryan Road and Tiger- tail Boulevard (NW First Street) 4. DISCUSSION 4.1 Appointment of seventh member to the Code Fnforcement Board. 4.2 Award of bids for surplus equipment. . 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 Comnissioner Adams 7.2 Commissioner Cook 7.3 Commissioner Donly 7.4 Vice-Mayor Bertino 7.5 Mayor Byrd ------------------------------------------------------------------------------------- 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.