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HomeMy WebLinkAbout1983-08-09 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING AUGUST 9, 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 Deputy City Manager: Eugene Jewell Deputy City Clerk: Mary Jabalee Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Zoning Consultant: Luther Sparkman Mayor Byrd informed the audience that consent agenda item 1 .4 was being pulled from the consent agenda. 1. CONSENT AGENDA Minutes 1 .1 July 6, 1983, Special Meeting 1 .2 July 12, 1983, Workshop Meeting 1.3 July 26, 1983, Regular Meeting A motion was made by Commissioner Cook, seconded by Commissioner . Adams to approve the consent agenda items 1 .1 , 1.2 and 1.3. The motion passed unanimously. 1.4 Ordinance - First Reading An Ordinance entitled "An Ordinance amending Ordinance No. 25 as passed and finally adopted on May 7, 1973, to extend the non-exclusive franchise granted therein to Florida Gold Coast Cable TV, Inc. for an additional ten year period, for the construction, operation and maintenance of a distribution system for television, radio and other audio- visual signals throughout the City of Dania was read for first reading by City Attorney Adler. Mitchell Ceasar, Attorney representing Broward Cablevision, briefly described Broward Cablevision's position relative to the franchise fees and time extension. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the Ordinance amending Ordinance No. 25 to extend the non-exclusive franchise for Cable TV for an additional ten year period on first reading, and to hold a workshop meeting to discuss all aspects of the agree- ment before the second reading of the ordinance. Ny} ' Pj Regular Meeting -1- August 9, 1983 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 * During the Administrative Reports, it was decided to schedule the Workshop Meeting to discuss the Cable TV Franchise Agreement on August 11 , 1983, at 3:00 p.m. 2. PUBLIC HEARINGS Ordinances - Second and Final Reading 2.1 An Ordinance entitled "An Ordinance of the City of Dania, Florida, amending in its entirety Ordinance No. 165 as passed and adopted on December 27, 1977, to be known and cited as the 'Flood Damage Prevention Ordinance' of the City of Dania, Florida" was read for second and final reading by City Attorney Adler. City Attorney Adler described the changes regarding elevations that were made after the first reading of this Ordinance. 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 Donly to approve the corrections removing the "one foot above" language from the Flood Damage Prevention Ordinance. 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 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to adopt the':Ordinance amending Ordinance No. 165 as passed and adopted on December 27, 1977, to be known and cited as the "Flood Damage Prevention Ordinance" of the City of Dania, as amended. 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 2.2 An Ordinance entitled "An Ordinance of the City of Dania, Florida, amending Section 13-69 of the Code of Ordinances to provide for an increase in the monthly charge for garbage and trash pickups for residential units from 53.50 to $5.00 and for small business units from $5.00 to $7.50" was read for second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. After hearing several citizens speak for and against the increase in garbage and trash pickup fees, the Mayor closed the public hearing. After discussion, a motion was made by Commissioner Adams, seconded by Commissioner Donly to adopt the ordinance increasing garbage and trash pickup fees. k` . Regular Meeting -2- August 9, 1983 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 Variances 2.3 PZ-35-83, Joseph Clementi , 602 South Federal Highway Joseph Clementi stepped forward to request a variance to allow beer and wine consumption at his pizza restau- rant on premises within 1000 feet of a church. Mayor Byrd opened the public hearing. After hearing many citizens speak in opposition and Mr. Clementi speak in defense of his request; the Mayor closed the public hearing. During discussion, City Attorney Adler explained that the examples of business establishments selling alcoholic beverages within 1000 feet of a church cited by Mr. Clementi were "grandfathered" in as the zoning ordinance prohibiting same came into effect. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to deny the variance request by Joseph Clementi due to non-proven hardship. 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 2.4 PZ-36-83, John E. Ohlsson, 614 NE Third Street John Ohlsson stepped forward to request a variance to allow him to build a single family residence on a lot that is 67 feet wide and 129 feet deep and to allow side-yard set-backs of 7'j feet. 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 Donly, seconded by Commissioner Cook to grant the variance request by John Ohlsson. 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 2.5 PZ-37-83, George A. Sivore, Port Industries, 590 Taylor Rd. George Sivore stepped forward to request a variance to allow a 10 foot side-yard set-back instead of the required 20 feet on the East side of the property generally located East of the Airport Expansion on Taylor Road. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Regular Meeting -3- August 9, 1983 e • After discussion, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to continue the variance request by George A. Sivore, Port Indus- tries, until the next Regular Meeting on August 23, 1983, and to direct Building Official Maxwell to investigate further future plans for this Taylor Road area. 2.6 PZ-39-83, Chris Vitolo, 700 Eller Drive John Bond, Attorney representing Chris Vitolo, stepped forward to explain the petitioner's request for a variance to allow parking spaces to be 9 feet by 19 feet for his mini-warehouse project. 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 Donly, seconded by Commissioner Cook to grant the variance request by Chris Vitolo. 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 2.7 PZ-40-83, Willie Akers, 57 NW 14th Avenue. Willie Akers stepped forward to request a variance to allow a single family residence to be rebuilt on a lot of insufficient width and square footage. Mayor Byrd opened the public hearing. After hearing a citizen speak in favor, the Mayor. closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to grant the variance request by Willie Akers. 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 Special Exceptions 2.8 PZ-38-83, Energy Combustion Corp. , Chris Vitolo, V.P. , 700 Eller Drive Deputy City Manager Jewell explained the necessity for continuance of'this special exception request until the New York Attorney for the petitioner, Energy Combustion Corp. can be present. A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue the special exception request by Energy Combustion Corp. until the Regular Commission Meeting of September 13, 1983. The motion passed on the following roll call vote: 'I. Regular Meeting -4- August 9, 1983 1 • ,,14d. i Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 3. SITE PLANS 3.1 SP-05-83, Chris Vitolo, Lots 16-20, Block 2, Richland Little Farms John Bond, Attorney representing Chris Vitolo, stepped forward to explain the petitioner's request for site plan approval for mini-warehouse storage on a portion of lots 16-20, Block 2, Richland Little Farms which is a 4.99 acre parcel including a 3 story mini-warehouse building located East of the Airport Expansion area. After discussion, a motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the site plan as presented subject to the restriction that public access in the form of a public road be provided before any permits (other than foundation construction permits) are issued by the City of Dania. 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. APPOINTMENTS 4.1 Police and Firefighters Pension Board (one resident member) Mayor Byrd announced that the appointment of one resident member to the Police and Firefighters Pension Board is continued until the next Regular Commission Meeting of August 23, 1983. 5. BOARDS 5.1 Acceptance of resignation from Luther Sparkman as Zoning Consultant for the Planning and Zoning Board. 5.2 Acceptance of resignation from Luther Sparkman as a member of the Unsafe Structures Board. 5.3 Acceptance of resignation from Luther Sparkman as a member of the Code Enforcement Board. A motion was made by Commissioner Donly, seconded by Vice=Mayor, Bertino to accept with regrets the three letters of resignation from Luther Sparkman and to approve a Resolution of Appreciation to Luther Sparkman for his valuable service and contribution to the City. of Dania. 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 6. DISCUSSION 6.1 Florida Municipal Record Ad A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to place a 1/2 page ad in the 57th Annual Conven- tion issue of "Florida Municipal Record" and to empower Mayor Byrd to design the advertising copy to be run. The motion passed unanimously. Regular Meeting -5- August 9, 1983 6.2 Request by Optimist Club of Dania to name the small baseball field at Frost Park "Bobby Sims Field". A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the request by the Optimist Club of Dania to name the small baseball field at Frost Park "Bobby Sims Field" to commemorate the tenth anni- versary of the field and to honor Bobby Sims for all his contributions to Frost Park. The motion passed unanimously. 6.3 Request by Boy Scout Troop 800 to camp on Dania Beach on August 19-21 , 1983. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the request by Boy Scout Troop 800 to camp on Dania Beach on August 19-21 , 1983. The motion passed unanimously. PRESENTATION: Presentation by Joel Gustafson representing Danto Investments to explain development order. Joel Gustafson, representing. Danto Investments, described the necessity for the Development Order Ordinance for Design Center of the Americas Development of Regional Impact, to be addressed at this Commission meeting to fit the time frame of the South Florida Regional Planning Council meeting schedule. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to declare the Development Order Ordinance an emergency item due to time constraints. The motion passed unanimously. Ordinance - First Reading An Ordinance entitled "An Ordinance granting a Development Order of the City of Dania Commission, Dania, Florida, for Design Center of the Americas Development of Regional Impact; approving with conditions the application for development approval for the Design Center of the Americas, establishing a process for con- trolled buildout of the Design Center of the Americas Development of Regional Impact located in a portion of the East 1/2 of the Northwest 1/4 of Section 33, Township 50 South, Range 42 East, said lands lying in City of Dania, Broward County, Florida" was read for first reading by City Attorney Adler. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the ordinance on first 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 During discussion, Joel Gustafson presented a detailed analysis of the Development Order in anticipation of the Public Hearing scheduled to be held for the second and final reading on August 23, 1983. 7. CITIZENS' COMMENTS Bill Hart commented on how informative the Commission meetings can be to the general public. Regular Meeting -6- August 9, 1983 Vincent Carroll complimented the City Manager on his efforts in obtaining the $51 ,000 donation from District 2 MEBA Corp. for the benefit of Dania's recreational facilities. 8. ADMINISTRATIVE REPORTS 8.1 Deputy City Manager Deputy City Manager Jewell noted the Executive Session scheduled for August llth at 4:00 p.m. ; and it was decided to schedule the Workshop Meeting to discuss the Cable TV Franchise Agreement immediately preceding the Executive Session (3:00 p.m. , August 11 , 1983). 8.2 City Attorney No comment. 9. COMMISSION COMMENTS 9.1 Commissioner Adams Commissioner Adams commented on the manhole report received from the City Manager. 9.2 Commissioner Cook Commissioner Cook commented on the beach area report to be received from the Deputy City Manager and commended Deputy City Manager Jewell for his prompt attention to a recent City problem. 9.3 Commissioner Donly Commissioner Donly commented on Seacoast Sanitation's prompt response to a citizen's complaint. 9.4 Vice-Mayor Bertino Vice-Mayor Bertino commented on the importance of voter registration, stating that the possibility of jury duty should no longer be a deterrent to voter registration because the tour of jury duty has been reduced to two (2) days or the duration of the case assigned. 9.5 Mayor Byrd Mayor Byrd reported that the Hollywood Commission will join the Dania Commission attending the Broward County Planning Council 's presentation of the AIA Corridor proposal . Mayor Byrd announced that he is applying for membership in the Association of Black Mayors. A motion was made and seconded to adjourn this meeting. The motion passed unanimously. YOR-COMMISSIONER L UDITOOR " `" EPUTY CITY CLERK-AUDITOR Regular Meeting -7- August 9, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 9, 1983 8:00 P.M. Invocation pledge of Allegiance t Roll Call Lain i dPresentation by evelopment order.oel Gusta fson representing Danto Investments to exp r CONSENT AGENDA Minutes 1.1 July 6, 1983, Special Meeting 1,2 July 12, 1963, Workshop Meeting 1.3 July 26, 1983, Regular Meeting Ordinances - First Reading )RID1973, TO EXTEND THE 1.4 An ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, 973A, AMENDING OR NO. 25 AS PASSED AND FINALLY ADOP FLORIDATED ON MAY 7, NON-EXCLUSIVESSORSCANDEASSIGNS FOR GRANTED EANIADDITIONAL TEN O(10) YEAR CP AND ITS sUCCE ERIODv FOR � C PERATION AND MAINTENANCE OF A DISTRIBUTION SYSTEM FOR THE CONSTRUCTION, O TELEVISION, RADIO AALLOORDINANCESVORUPARTSGOFLORDINANCESUANDHALLIRESOLUTIONSTY OF � AND OR PARTS OF RESOLUTIONS IN I INGOFORIAN EFFECTIVEBDATE."ACED 70 THE EXTENT OF SUCH CONFLICT, AND 2. PUBLIC HEARINGS Ordinances - Second and Final Reading passed and adopted on December 2.1 An ordinance amending Ordinance No. 165 as 27, 1977, entitled "Flood Preventio$eOrdinaCcof Article 3nandesubparagraph Article 2, Section H of Article 2, (7) of Section D, Article 3. and provid'n. e for an ir, 2.2 An ordinance amending andsect! trashnpickups 13-69 tforrresdidenti315 units efrom ase � $3.50 monthly o thly charge for garbage $5.00 and for small business units from $5.00 to Variances Joseph Clementi 602 South Federal Highway 2.3 pZ-35-83, , ++ 2,q pZ-36-B3, John E. , 614 NE Third Street Ohlsson dustries, 590 Taylor Road 2.5 PZ-37-83, George A. Sivore-Port In 2.6 PZ-39-83, Chris Vitolo, 700 Eller Drive _ 2.7 PZ-40-83, Willie Akers, 57 NW 14th Avenue Special Exceptions Chris Vitolo, 700 Eller Drive 2.8 PZ-38-83, Energy Combustion Corp, 3. SITE PLANS Chris Vitolo, lots 16 - 20, Block 2, Richland Little Farms 3.1 SP-05-83, y- 4. APPOINTMENTS 4 I police and Firefighters pension Board (one resident member) +: r 5. BOARDS 5,1 Acceptance of resignation from Luther Sparkman as Zoning Consultant for the Planning and Zoning Board, 5.2 Acceptance of resignation from Luther Sparkman as a member of the Unsafe Structures Board. 5.3 Acceptance of resignation from Luther Sparkman as a member of the Code Enforcement Board. 6 ' DISCUSSION 6.1 Florida Municipal Record Ad, 6.2 Request by Optimist Club of Dania to name the small baseball field at Frost Park '.'Bobby Sims" field. 6.3 Request by Boy Scout Troop 800 to camp on Dania Beach on August 19-21, 1983. 7, 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. 8. ADMINISTRATIVE REPORTS 8.1 Deputy City Manager 8.2 City Attorney 9. COMMISSION COMMENTS 9.1 Commissioner Adams 9.2 Commissioner Cook 9.3 Commissioner Donly 9.4 Vicd-Mayor Bertino 9.5 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.