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HomeMy WebLinkAboutRegular Meeting (72) MINUTES DANIA CITY COMMISSION REGULAR MEETING AUGUST 23, 1983 Invocation by Richard Marant Pledge of Allegiance Ro11 Call : Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell 1 . CONSENT AGENDA Minutes 1 .1 August 9, 1983, Regular Meeting 1.2 August 11 , 1933, Workshop Meeting Resolutions 1 .4 A Resolution approving the water and sewer agreement between the City of Dania and Marvin I. Danto and Betty J. Danto, and authorizing and directing the execution of same by the appropriate City Officials. 1.5 A Resolution approving the escrow agreement for the water and sewer agreement between Marvin I. Danto and Betty J. Danto and the City of Dania, as approved by Resolution on June 28, 1983. 1 .7 A Resolution of the City of Dania, requesting the State of Florida Department of Transportation to erect "No Parking" signs on A-1-A in the area of Motel 6. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to approve the consent agenda with the exception of items 1.3 and 1 .6. The motion passed unanimously. 1 .3 A Resolution approving maximum rates and charges to be made by Florida Gold Coast Cable TV, Inc. , D/B/A Broward Cable TV, for cable television service to be furnished subscribers within the corporate limits of the City of Dania. Mitchell Caesar presented Broward Cable TV's proposed rate increase and detailed plans to improve the quality of service to Dania residents. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to open a public hearing on this item. 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 Regular Meeting -1- August 23, 1983 • • Mayor Byrd opened the public hearing. After hearing two citizens speak against the increase in Broward Cable TV's rates, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to adopt the Resolution approving maximum rates and charges to be made by Broward Cable TV for cable television service to be furnished sub- scribers within the corporate limits of 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 1.6 A Resolution approving the interlocal agreement between Broward County and City of Dania providing for the fur- nishing of emergency medical services to a portion of Broward County, Florida. After hearing Fire Chief Jewell 's report on the EMS Agree- ment, a motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to adopt the Resolution approving the interlocal EMS Agreement. The motion passed unanimously. 2. PUBLIC HEARINGS Ordinances - Second and Final Reading 2.1 An Ordinance entitled "An Ordinance of the .City of Dania, Florida, 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. and its successors and assigns for an additional ten (10) year period, for the construction, operation and maintenance of a distri- bution system for television, radio and other audiovisual signals throughout the City of Dania" was read for second and final reading by City Attorney Adler. 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 Cook, seconded by Vice-Mayor Bertino to adopt the ordinance amending Ordinance No. 25 to extend the non-exclusive cable TV franchise for an additional ten (10) year period. 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 Ordinance - First Reading 2.2 * A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to amend item 2.2 to indicate that this Ordinance is being read on first reading and public hearing and that it will go to second and final reading and public hearing on the next regular Commission meeting of September 13, 1983, to comply with South Florida Regional Planning Council 's request. 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 Regular Meeting -2- August 23, 1983 An Ordinance entitled "An Ordinance of the City of Dania, Florida, granting a Development Order 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 controlled 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 Mayor Byrd. Joel Gustafson made a presentation of the Design Center project and described the ahiendments made to the original Development Order Ordinance per South Florida Regional Planning Council 's recommendations. 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 Cook to approve 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 Variances 2.3 PZ-37-83, George A. Sivore-Port Industries, 590 Taylor Road (continued from August 9, 1983) A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to continue this variance request until the next regular Commission meeting of September 13, 1983, to allow the petitioner and the Building Department additional time to specify the request. 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.' BIDS 3.1 Request to advertise for bids for the replacement of bridge on Northwest 14th Avenue between Northwest. Ninth Street and Tenth Street A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the request by City Manager Marant to advertise for.bids for the replacement of bridge on NW 14th Ave. between NW 9th St. and loth St. The motion passed unanimously. 4. CITIZENS' COMMENTS Mr. Paul DiMaio read a petition in reference to restoring the name "Dania Fishing Pier" and removing the title "Cap's Oar House" at the pier. Mr. Vincent Carroll suggested more circulation of advance notice of scheduled City Hall meetings. Regular Meeting -3- August 23, 1983 Mr:.; Mr. Stanley Rosenberg stepped forward to thank the Commission for opening the Broward Cable TV rate increase to public hearing and also commented in reference to developing a plan for district voting. 5. ADMINISTRATIVE REPORTS 5.1 City Manager City Manager Marant outlined the need for temporary arrange- ments to be made with County airport authorities to alleviate their immediate expansion problem relating to temporary parking areas. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to declare the airport authorities' temporary parking area problem an emergency item due to construction and time frame constraints. 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 Dick Mooney described the urgency for the Commission to waive the normal procedures to allow the County to go ahead with its temporary parking and relocation provisions. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to approve the temporary relocation of the car rental units (Greyhound; Budget and Dollar) and the temporary use of the parking facilities there by County airport authorities and granting them permission to proceed with construction work and follow up by making the proper variance applications through due process afterward. 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 At this point, Mr. Floyd Johnson, County Administrator, expressed his appreciation for the cooperation extended by the Commission. City Manager Marant commended Deputy City Manager Eugene Jewell for a fine job done in his absence. He also reported that the City is now fully computerized and on line and commended Nanci Denny and Vernon Johnson for their efforts in incorporating the software and hardware into the City system. 5.2 City Attorney City Attorney Adler reported the receipt of the road and bridge tax settlement. 6. COMMISSION COMMENTS 6.1 Commissioner Adams - no comment. 6.2 Commissioner Cook requested the City Atty. to draft.an ordinance restricting-citizens of Dania from hanging laundry in front of their homes. 6.3 Commissioner Donly - no comment. 6.4 Vice-Mayor Bertino commented on International Festival Day to be held on November 27, 1983, in the Dania Jai Alai parking lot, sponsored by the Dania Business Association and the Dania Chamber of Commerce. Regular Meeting -4- August 23, 1983 6.5 Mayor Byrd commented on the Dania Industrial Advisory Board's request for a list of acceptable industries for Dania. Mayor Byrd then expressed the need for a Workshop meeting to discuss the A-1-A Corridor issue. The Workshop meeting was then set for September 12, 1983, at 7:30 p.m. and the City Manager was directed to invite the recipients of the letter defining Dania's position previously sent to attend this Workshop meeting of September 12th. A motion was made and seconded to adjourn this meeting. The motion passed unanimously. vl MAYOR-COMMISSIONER CLERK-AUDITOR Regular Meeting -5- August 23, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 23, 1983 8:00 P.M. Y. Invocation Pledge of Allegiance Roll Call i 1. CONSENT AGENDA Minutes i' 1.1 August 9, 1983, Regular Meeting 1.2 August 11, 1983, Workshop Meeting t` RECOMMENDATION: Approval Resolutions 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MAXIMUM RATES AND is CHARGES TO BE MADE BY FLORIDA GOLD COAST CABLE TV, INC; , D/B/A BROWARD CABLE TV, FOR CABLE TELEVISION SERVICE TO BE FURNISHED SUBSCRIBERS WITH- IN THE CORPORATE LIMITS OF THE CITY OF DANIA; 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." 1.4 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, APPROV- ING THE WATER AND SEWER AGREEMENT BETWEEN THE CITY OF DANIA AND MARVIN I. DANTO AND BETTY J. DANTO, AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAME BY THE APPROPRIATE CITY OFFICIALS; 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." 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE ESCROW AGREE- MENT FOR THE WATER AND SEWER AGREEMENT BETWEEN MARVIN I. DANTO AND BETTY J. DANTO AND THE CITY OF DANIA, FLORIDA, AS APPROVED BY RESOLUTION ON JUNE 28, 1983; 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." 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA.PROVIDING FOR THE FURNISHING OF EMERGENCY MEDICAL SERVICES TO A PORTION 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 PRO- VIDING FOR AN EFFECTIVE DATE." 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO ERECT "NO PARKING" SIGNS ON A-1-A IN THE AREA OF MOTEL 6; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFFECTIVE DATE." RECOMMENDATION: Approval 2. PUBLIC HEARINGS Ordinances - Second and Final Reading 2.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, 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. AND ITS SUCCESSORS AND ASSIGNS FOR AN ADDITIONAL TEN (10) YEAR PERIOD, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A DISTRIBUTION SYSTEM FOR TELEVISION, RADIO AND OTHER AUDIOVISUAL SIGNALS THROUGHOUT THE CITY OF DANIA; 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 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING A DEVELOPMENT ORDER 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 CONTROLLED BUILDOUT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT LOCATED IN A PORTION OF THE EAST h OF THE NORTHWEST ; OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS LYING IN CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE- WITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." Variances 2.3 PZ-37-83, George A. Sivore-Port Industries, 590 Taylor Road (continued from August 9, 1983) 3. BIDS 3.1 Request to advertise for bids for the replacement of: bridge on Northwest 14th Avenue between Northwest Ninth Street and Tenth Street. 4. 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. 5, ADMINISTRATIVE REPORTS 5.1 City Manager 5.2 City Attorney 6. COMMISSION COMMENTS 6.1 Commissioner Adams 6.2 Commissioner Cook 6.3 Commissioner Donly 6,4 Vice-Mayor Bertino 6.5 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.