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HomeMy WebLinkAboutRegular Meeting (70) MINUTES DANIA CITY COMMISSION REGULAR MEETING MAY 17, 1983 Invocation by Reverend Van Arsdale Pledge of Allegiance Roll Call : Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard 17arant Deputy City Clerk: Mary Jabalee Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Zoning Consultant: Luther Sparkman 1 , CONSENT AGENDA Minutes 1 ,1 April 20, 1983, Workshop Meeting 1 ;2 April 26, 1983, Regular Meeting 1 .3 May 5, 1983, Special Meeting 1 ,4 May 9, 1983, Special Meeting Resolutions 1.5 Resolution appointing members to the Planning & Zoning Board. 1 .6 Resolution appointing members to the Civil Service Board. 1 .7 Resolution appointing members to the Code Enforcement Board. 1.9 Resolution appointing members to the Unsafe Structures Board. 1 .10 Resolution endorsing the concept of the employment of youth through the Broward Employment & Training Administration summer jobs program. 1 .11 Resolution declaring miscellaneous office equipment surplus. Ordinances 1 .12 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES ENTITLED "CEMETERIES" BY AMENDING SECTION 9-2 (A) & (B) TO INCREASE THE CHARGES FOR CEMETERY PLOTS AND THE OPENING.: & CLOSING COSTS; 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE.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" was read for first reading by City Attorney Frank Adler. Bills 1 .13 Bills for the month of Pecember, 1982, and March, 1983. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the consent agenda with the exception of item H1 .8. The motion was passed unanimously. Item 1 .8, Resolution designating a Poet Laureate, was continued for next regular meeting May 31 , 1983. 'u S;N -- , tar Meeting -I- May 17, 1983 . , 1. • • At this time,Mayor Byrd made the following adjustments to the agenda: (a) Resolution creating the Industrial Board was placed as item 1 .14; (b) Item 4.1 , Discussion of Dania Drive-In Liquors, was pulled and replaced by 4.1 , A-1-A Corridor Discussion; (c) Item 4.5, passage of grant request was added. Other items added to the agenda were: the approval of a contract with Future C.O.P.; and a Resolution approving the emergency repair to a manhole on Stirling Road. *(At this time, replacement item 4.1 , A-1-A Corridor Discussion, took place.) 1 .14 Resolution constituting and appointing an advisory board to be known as the Dania Industrial Board. City Attorney Frank Adler read the Resolution to the Commission and pointed out that the five (5) member board must be appointed by the Commission within thirty (30) days of the approval of such Resolution. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the Resolution creating the Dania Industrial Board. The motion passed on the following roll call vote: Commissioner Adams - yes Vice-Mayor Bertino - yes Commissioner Cook - yes Mayor Byrd - yes Commissioner Donly - no *(At this time, the legalities of postponed consent agenda item 1 .8. Resolution designating a Poet Laureate were discussed.) City Manager Marant was requested to contact designated Poet Laureate, Herrington Herr, to be at the next regular meeting t"ay 31 , 1983. 2. RECEIPT OF BIDS 2.1 Garbage collection services A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to close the receiving of bids for garbage collection services. The motion passed unanimously. City Manager Marant read the following bids received: Westshore Sanitation $25,498.00/mo. Waste Systems BFI Ind. $18,888.00/mo. SCA Services of Fla. $23,086.00/mo. Seacoast Sanitation $13,731 .00/mo. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to remand bids received to City Manager Marant for his recommendation at the Special Meeting scheduled for May 25, 1983. The motion was carried unanimously. 3. PUBLIC HEARINGS Ordinances - Second and Final Reading 3.1 Oesign Center of Americas Plat City Attorney Adler read the second and final reading of the title of the ordinance approving the plat of "Design Center of the Americas". Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Regular Meeting -2- May 17, 1983 A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to adopt the ordinance approving the plat of "Design Center of the Americas" 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 3.2. Design Center Hotel/Office Plat. City Manager Marant read the title of the ordinance approving the plat of "Design Center Hotel/Office for second reading. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the ordinance approving the plat of "Design Center Hotel/Office" for second 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 3.3 Ordinance declaring the Broward County Human Rights Ordinance inapplicable to the City of Dania. City Attorney Adler read the title of the ordinance 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, and providing a severability clause. 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 Vice-Mayor Bertino, seconded by Commissioner Adams to adopt the ordinance declaring the Broward County Human Rights Ordinance inapplicable to the City of Dania for 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-no Commissioner Donly-yes Rezoning- First Reading of Ordinance 3.4 M.I.M.E.Inc. (Merrill Cohen), southwest corner of Bryan Road and Tigertail Boulevard (NW First Street). Building Official Maxwell informed the Commission that Mr. Cohen had met with the Planning and Zoning Board after his previous illness and that he was notified to be present at this meeting tonight. A motion was made by Commissioner Donly, seconded by Commissioner Adams to continue the ordinance for rezoning to the next regular meeting of May 31, 1983, due to the petitioner not being present. The motion passed unanimously. 3.5 PZ-22-83, Steve Diamond and Bill Richter d/b/a Round-Up Restaurant, 1302 South Federal Highway (continued from April 26, 1983, meeting) Building Official Maxwell informed the Commission that the petitioners Regular Meeting -3- May 17, 1983 had telephoned that afternoon requesting that this special exception be postponed without any explanation. A motion was made by Commissioner Cook, seconded by Commissioner Donly to deny this special exception request by the Round-Up Restaurant without prejudice and to waive the fees if Round-Up Restaurant reapplies within a six (6) month period due to the petitioners not being present. The motion passed unanimously. 3.6 PZ-25-83, Valerie Peters and Juanita Riles, 625 & 627 East Dania Beach Boulevard. Valerie Peters stepped forward to request approval of a special exception to spin records and have female vocalist at the business known as "Second Time Around".as wa's granted last year. A motion was made by Commissioner Donly, seconded by Commissioner Adams to grant this special exception r equest by Valerie Peters and Juanita Riles for a one (1) year period with the same con- tingencies that were built into the previous special exception. The motion passed unanimously. Variances 3.7 PZ-23-83, McLaughlin Engineering Company, 795 Taylor Road. Mr. Bob McLaughlin stepped forward to request approval to allow construction with insufficient landscaping and explained that he cannot meet the landscape ordinance requirement of 80 trees and still retain freedom of movement for 100 foot boats. Building Official Maxwell informed the Commission that the Planning and Zoning Board recommends compliance with the landscape ordinance as much as possible and suggested that the petitioner use 20 palm trees in addition to the 60 now shown on the plan to meet the landscape quota. After discussion, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to deny the variance request by McLaughlin Engineering Company. The motion passed unanimously. 3.8 PZ-24-83, Marion H. Geiges, 240 Southeast Seventh Street Marion Geiges stepped forward to request approval to allow a wood deck and spa with a screened enclosure that has already been constructed. Ms. Geiges explained that she was unaware of a code violation for not receiving a permit first. Building Official Maxwell informed the Commission that the Planning and Zoning Board have no objections. A motion was made by Vice-Mayon Bertino, seconded by Commissioner Cook to approve the variance request by Marion H. Geiges. The motion passed unanimously. 4. DISCUSSION 4.1 A-1-A Corridor Mayor Byrd presented an update of progress made regarding communications with the Broward County Planning Council. Nancy Bright, Transportation Planner for the Broward County Planning Council presented the Council 's update and called for a workshop to be set May 25, 1983, at 2:00 p.m. at Dania City Hall . She also in- formed the Commission of the Planning Council 's Public Hearing May 26, 1983, Thursday at 2:00 p.m. Nanci Bright then read Regular Meeting -4- May 17, 1983 a letter from the Planning Council 's Administrator addressed to Mayor Byrd advising him that the Executive Committee of the Broward County Planning Council , as a result of a May 16th session, was notifying and formally requesting the City of Dania to delay any issuance of building permits in the area of the proposed A-1-A Corridor until the issue of proposed right-of-way for State Rd. A-1-A is addressed at the May 26th Public Hearing and hopefully resolved. I!s. Bright also read the Planning Council 's status report to the Commission. The Workshop meeting was scheduled for Wednesday, May 25, 1983, at 2:00 p.m. commencing with a bus ride through the proposed A-1-A Corridor sites. At this workshop, seven (7) alternative proposals are to be presented to the Commission. At this time, Nancy Bright Pead the names of the members of the Executive Committee into the record. A Special meeting was scheduled for Wednesday, May 25, 198,1, immediately following the 2:00 p.m. Workshop meeting. Vice-Mayor Bertino directed City Attorney Adler to prepare any legal postures the City could take in the event no Corridor alternative is accepted for the Special meeting of May 25th. Mayor Byrd allowed public discussion at this time. A member of the audience suggested (1) that F.P.&L. be notified of the Public Hearing date, and (2) that an up-to-date aerial photo be taken of the A-1-A Corridor area since the last one was three years ago. Another citizen advised the Commission that hundreds of senior citizens will turn out for the .Public Hearing. City Manager Marant was directed to notify F.P.&L. , Dania Jai Alai , the Church of the Resurrection, and the citizens along the subject street of the Special meeting of the Dania Commission of May 25th and of the Planning Council Public Hearing of May 26th. 4.2 Exclusion of non-profit organizations from the ordinance regulating garage sales. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to direct City Attorney Adler to prepare for the next regular meeting of May 31 , 1983, an amendment to the ordinance regulating garage sales by excluding non-profit organizations from paying fees. The motion passed unanimously. 4.3 'Approval of $12,100 payment to Seacoast Sanitation for garbage collection services for the month of May. City Manager Marant requested approval of payment for the month of May due to the expiration of the contract April 30th which had provided garbage collection services at a lower rate. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve payment of $12,100 to Seacoast Sanitation for garbage collection services for the month of May. The motion passed unanimously. 4.4 Approval of Summer Youth Employment Program Agreement between the City of Dania and Broward Employment & Training Administration. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the agreement between the City and B.E.T.A. for the summer youth employment program. The motion passed unanimously. Regular Meeting -5- May 17, 1983 tf." F;• • • 4.5 Approval of Grant Request Mayor Byrd requested approval of an application for a grant from the Emergency Jobs Bill . City Manager Marant advised that he was not able to submit the grant application prior to deadline because policy dictates he not do so without prior Commission approval . He recommended that he be redirected as to policy. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly for purposes of discussion to direct City Manager Marant to review the grant application and to have a recommendation at the May 25th Special Meeting. After discussion, the motion was withdrawn. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to hold a Special Meeting on Wednesday, May 18th, at 3:00 p.m. and to direct City Manager Marant to review the grant application and to have a recommendation for the Commission at that Special Meeting. The motion passed on the following roll call vote: Commissioner Adams - yes Vice-Mayor Bertino - yes Commissioner Cook - yes Mayor Byrd - no Commissioner Donly -. yes 4.6 Approval of Contract with Future C.O.P. City Manager Marant requested approval of contract for $30,000.00 as part of pre-approved program with Future C.O.P. for software for the Fire Department. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the contract agreement with Future C.O.P. The motion passed unanimously. 4.7 Resolution approving the emergency repair to a manhole on Stirling Rd. City Manager Marant explained the need for the emergency repair to a manhole and asked approval of the expenditure of $2,130.00 to H. & H. Crane for the repairs made. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to adopt a Resolution authorizing payment of $2,130.00 to H. & H. Crane. The motion passed unanimously. City Attorney Adler informed the Commission he would prepare the Resolution. 5. CITIZENS' COMMENTS Mr. Paul DiMao informed the Commission that Martin C. Frost donated the land which is now Frost Park on June 11 , 1953, and suggested a commemoration ceremony. He also stressed the need for renovations at the Community Hall . Mr. DiMao spoke in appreciation of Mayor Byrd's proclamation of Municipal Clerks' Week May 8-14. Mr. DiMao also pointed out that Vice-Mayor Bertino is the Chairman of the "Friends of the Library" and commended his work. He reminded citizens that a membership drive is to be held on May 26th and announced that the "Friends of the Library" is collecting used books for a book sale. Bill Hart stepped forward to complain about Seacoast Sanitation's garbage pick-up service. a 2 �Y Regular Meeting -6- flay 17, 1983 Laura Robinson asked for and received clarification of item 4.2, exclusion of non-profit organizations from the ordinance regulating garage sales. 6. ADMINISTRATIVE REPORTS 6.1 City Manager flarant introduced Miss Joyce Bradley from Florida Southern University who will be interning at City Hall for the next twelve weeks toward completing her political science study requirements. 6.2 City Attorney Adler recommended that the City not appeal the Court's decision regarding the Dania Shopping Center suit. A motion was made by Commissioner Cook, seconded by Commissioner Adams that the City not appeal Judge Purdy's decision regarding the Dania Shopping Center, case no. 81-13438. After discussion, 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 City Attorney Adler announced that he will be unable to attend the Special Meeting called for May 18th as he will be going to a seminar for City Attorneys. 7. COMMISSION COMMENTS 7.1 Commissioner Adams commented on his opposition to Judge Purdy's decision regarding the Dania Shopping Center suit. 7.2 Commissioner Cook read a letter of commendation to Officer Melissa Matthews of the Dania Police Dept. 7.3 Commissioner Donly congratulated Gloria Madden who at a recent City election was elected by public employees to serve on the Civil Service Board. Commissioner Donly requested that the analysis and comparison of job functions and salary schedules for management personnel presented to the Commission by City Manager Marant be placed on the agenda for the Special Meeting scheduled on May 25, 1983, for Commission action. 7.4 Vice-Mayor Bertino described the May loth and llth trip he and Commissioner Donly took to the League of Cities Board of Directors. 7.5 Mayor Byrd commented that he was in Tallahassee on May llth and May 12th to visit with members of the delegation. He praised the actions of this delegation. A motion was made and seconded to adjourn. The motion passed unanimously. Y R-COMMISSI ER CITY CLERK-AUDITOR Regular fleeting -7- May 17, 1983 t AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 17, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 April 20, 1983, Workshop Meeting 1.2 April 26, 1983, Regular Meeting 1.3 May 5, 1983, Workshop Meeting 1.4 May 9, 1983, Special Meeting RECOMMENDATION: Approval Resolutions 1.5 Resolution appointing members to the Planning & Zoning Board. 1.6 Resolution appointing members to the Civil Service Board. 1.7 Resolution appointing member to the Code Enforcement Board. 1.8 Resolution designating a Poet Laureate. 1.9 Resolution appointing members to the Unsafe Structures Board. 1.10 Resolution endorsing the concept of. the employment of youth through the Broward Employment & Training Administration summer jabs program. 1.11 Resolution declaring miscellaneous office equipment surplus. Ordinances - First reading 1.12 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA$ AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES ENTITLED "CEMETERIES" BY AMENDING SECTION 9-2 (A) & (B) TO INCREASE THE CHARGES FOR CEMETERY PLOTS AND THE OPENING & CLOSING COSTS; 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 Bills 1.13 Bills for the month of December 1982 & March 1983 2. RECEIPT OF BIDS 2.1 Garbage collection services 3. PUBLIC HEARINGS Ordinances - Second and Final Reading 3.1 Design Center of Americas Plat 3.2 Design Center Hotel/Office Plat 3.3 Ordinance declaring the Broward County Human Rights Ordinance inapplicable to the City of Dania. Rezoning - First Reading of Ordinance 3.4 M.I.M.E. Inc. (Merrill Cohen), southwest corner of Bryan Road and Tigertail Boulevard (NW First Street). Special Exceptions 3.5 PZ-22-83, Steve Diamond and Bill Richter d/b/a Round-up Restaurant, 1302 South Federal Highway (continued from April 261 3.6 PZ-25-83, Valerie Peters and Juanita Riles, 625 & 627 East Dania Beach Boulevard Variances 3.7 PZ-23-83, McLaughlin-Engineering Company, 795 Taylor Road 3.8 PZ-24-83, Marion H. Geiges, 240 Southeast Seventh Street 4. DISCUSSION 4.1 Problems relating to Dania Drive-in Liquors on Stirling Road. Mayor Byrd 4.2 Exclusion of non-profit organizations from the ordinance regulating garage sales. Vice-Mayor Bertino 4.3 Approval of $12,100 payment to Seacoast Sanitation for. garbage collection services for the month of May. 4.4 Approval of Summer Youth Employment Program Agreement between the City and Broward Employment & Training Administration. 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 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.