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Home My WebLink About1983-10-25 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION OCTOBER 25, 1983 Invocation Pledge of Allegiance Roll Call : Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertiho Commissioners: Jean Cook Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Captain: Vernon Johnson Building Official : Paul Maxwell Absent: - Commissioner: James Adams Commissioner Cook arrived late for this meeting. 1 . CONSENT AGENDA Minutes 1 .1 October 11 , 1983, Regular Meeting Bills 1 .2 April , 1983 1 .3 May, 1983 1 .4 June, 1983 1 .5 July, 1983 1.6 August, 1983 Resolutions 1 .9 "A Resolution of the City of Dania, Florida, supporting the National League of Cities' position on Federal Cable Television legislation; providing that all resolutions or parts of resolu- tions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date." A motion was made by Vice-Mayor Bertino, seconded by Commissioner ,`. Donly to approve the consent agenda with the exception of items 1 .7 and I.B. The motion passed unanimously. Ordinances 1.7 An Ordinance amending Ordinance No. 293 to exempt non-profit organizations from the provision as to the number of garage sales that can be conducted within one year was read for first reading by City Attorney Adler. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to adopt the Ordinance on first reading. The motion passed on the following roll call vote: Commissioner Donly -yes Vice-Mayor Bertino-yes Mayor Byrd-yes Regular Meeting -1 October 25, 1983 Resolutions 1.8 "A Resolution of the City of Dania, Florida, relating to the provisions in the Southern part of Broward County for an adequate and safe supply of fresh drinking water for residents in this City and all other affected communities; concerning the provisions to be made for same in a collected fashion by the municipalities located South of State Road 84; directed at resolving problems relating to salt water intrusion in certain Eastern municipalities and unincorporated areas; providing for forwarding the Resolution to all interested parties; providing for consistency; providing for conflict; providing that all resolutions or parts of resol- utions in conflict herewith be repealed to the extent of such conflict; and providing for.an effective date." City Manager Marant explained the need for further information to be included in the Resolution addressing the waste water problem as well as the drinking water problem. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to table the Resolution until the next regular Commission meeting of November 8, 1983. The motion passed on the following roll call vote: Commissioner Donly-yes Vice-Mayor Bertino-yes Mayor Byrd-yes * (At this time, agenda item 3.5 was addressed. ) 2. PUBLIC HEARINGS Rezoning (Second and Final reading of 'Ordinance) 2.1 An Ordinance rezoning a parcel of land in the NR of Section 35, Township 50 South, Range 42 East, more particularly described, situate in the City of Dania, Broward County, Florida, and con- taining 1.1 acres, more or less; from existing zoning classifica- tion of OS to C-3 zoning classification under the provisions of Ordinance No. 100 of the City of Dania, Florida, as subsequently amended (Houston Park, Harbour Towne Marina) was read for second and final reading by Mayor Byrd. 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 Vice-Mayor Bertino to adopt the Ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Donly-yes Vice-Mayor Bertino-yes Mayor Byrd-yes 3. DISCUSSION 3.1 Delegation of concerned citizens expressing interest in the City of Dania adopting a plan to conduct municipal elections by dis- trict rather than at large. June Silvernale, representing a group of concerned citizens, stepped forward to request that the Commission consider creating a committee or charter review board to investigate the districting concept to provide better representation throughout the City. After discussion, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly authorizing the City Attorney to draw up a Resolution creating an Election District Study Committee. Regular Meeting -2- October 25, 1983 The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Bertino-yes Commissioner Donly-yes Mayor Byrd-yes ADDENDUM ITEM. 3.2 Request by Maranatha Christian Tabernacle to hang banner on U.S. 1 and Dania Beach Boulevard advertising the "Year of the Bible" celebration. Commissioner Cook explained the request to hang a banner advertising the "Year of the Bible" celebration, Saturday, November 5, 1983, and stated that the proper D.O.T. permits have been received by Maranatha Christian Tabernacle. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to grant the request by Maranatha Christian Tabernacle. The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Bertino.-yes Commissioner Donly-yes Mayor Byrd-yes ADDENDUM ITEM 3.3 Ordinance (First Reading) An Ordinance entitled "An Ordinance of the City of Dania, Florida, making it unlawful to maintain and keep a nuisance in the front yards of residential properties.located within the•City of Dania, providing a definition of a "nuisance"; 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 Mayor Byrd. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to adopt the Ordinance on first reading. The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Bertino-yes Commissioner Donly-yes Mayor Byrd-yes ADDENDUM ITEM 3.4 Discussion concerning Item 2.8, PZ-56-83, Extasis II, Inc. , 603 East Dania Beach Boulevard. The applicant has requested that the City reconsider its previous action of denial which occurred on October 11 , 1983. Commissioner Cook explained that the Commmission'.s action of denial was spurred by the misleading term "disco" that had been used to describe the special exception request, when the actual intention of the request was to open a supper club restaurant. During discussion, City Attorney Adler advised that Extasis II, Inc. should file a new application using the proper language to clearly specify the use intended for the restaurant. It was also suggested that the petitioner submit information regarding other current business involvements when he reapplies. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to waive the reapplication fee upon submission of a new special exception request by Extasis II, Inc. The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Bertino-yes Commissioner Donly-yes Mayor Byrd-yes Regular Meeting -3- October 25, 1983 ADDENDUM ITEM * 3.5 (8:15 P.M.) Receipt of bids for survey of sewer system for infiltration. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Donly to close the receiving of bids for survey of sewer system for infiltration. The motion passed unanimously. City Manager Marant read the following sealed bids received: Southern Line Cleaning Inc. 2720 W. 1st Street P.O. Box 2257 Sanford, F1. $22,960.00 Shenandoah General Construction 1888 NW 21st Street Pompano Beach, F1. $33,540.00 Fitzgerald Sewer Svc. & Equip. Inc. 2601 SW .69th Court Miami, Fl . $18,740.00 Eastern Utility Specialists Inc. 911 128 Eucalwood Avenue Monassis, Va. $21,140.00 Interstate Pipe Maintenance 2640 NW 55th Court Ft. Lauderdale, F1. $26,360.00 A.M.S. Inc. 710 West Lake P.O. Box 1146 Longwood, F1. $29,495.00 A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Donly to remand bids received to City Manager Marant for his review and recommendation at the next regular Commission meeting of November 8, 1983. The motion passed unanimously. 4. CITIZENS' COMMENTS Leo Polk commented on the fine achievements of the Commission in the past and expressed his disappointment regarding recent friction among the Commissioners. Mrs. Madden stepped forward to reiterate her complaint about poor street lighting on SW 4th St. , in response to which City Manager Marant reported the status of his negotiations with F. P. & L. Rolanda Higgs commented on large stones still remaining on 6th St. City Manager Marant assured her that with the assistance of the City Engineer the problem would be resolved. Several citizens commented, both favorably and unfavorably, on Vice- Mayor Bertino's actions regarding the diamond exchange. Bob Mikes commented on the need to discourage billboards grandfathered in. Mrs. Grace commented on the need for clean=up of a vacant lot adjacent to her home at 110 NW 8th Ave. and also reported loose chickens, ducks and unleashed dogs in the area. Bill Hart stepped forward to suggest that cruising police should initiate investigation regarding abandoned vehicles as well as loose animals. Regular Meeting -4- October 25, 1983 rGOi 5. ADMINISTRATIVE REPORTS: 5.1 City Manager Marant reported on meetings with County Commis- sioner Nikki Grossman regarding ingress and egress at Boisy Waiters Center as well as the problems at NW loth Street. 5.2 City Attorney'Adler - no comment. 6. COMMISSION COMMENTS: 6.1 Commissioner Adams - absent. 6.2 Commissioner Cook - no comment. 6.3 Commissioner Donly commented on the need for more cooperation and less dissention among the Commissioners. 6.4 Vice-Mayor Bertino requested Administration to have Fire Chief Jewell work up a study for the Commission on the possibility of putting one or two men in an attack pumper out in the area that was just annexed. Vice-Mayor Bertino then made a statement of qualification in response to the attack aimed at him by the Miami Herald news- € paper article, explaining his reasons for procedures followed and specifying his intentions in regard to bringing the diamond exchange into Dania. L; 6.5 Mayor Byrd commented that Dania qualifies for technical assis- tance under the Small Cities Program whereby assistance regarding jobs programs or commercial revitalization projects can be obtained, and announced his intention to ask for technical assistance in the plan for grants. A motion was made and seconded to adjourn. The motion passed unanimously. WYWCOMMISSIONERr AT CLERK-AUDITOR Regular Meeting -5- October 25, 1983 r: AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 25, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 October 11, 1983, Regular Meeting RECOMMENDATION: Approval Bills 1.2 April , 1983 1.3 May, .1983 1.4 June, 1983 1.5 July, 1983 1.6 August, 1983 RECOMMENDATION: Approval Ordinances (First Reading) 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 293 TO EXEMPT NON-PROFIT ORGANIZATIONS FROM THE PROVISION AS TO THE NUMBER OF GARAGE SALES THAT CAN BE CONDUCTED WITHIN ONE YEAR; 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." Vice-Mayor Bertino Resolutions 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE PROVISIONS IN THE SOUTHERN PART OF BROWARD COUNTY FOR AN ADEQUATE AND SAFE SUPPLY OF FRESH DRINKING WATER FOR RESIDENTS IN THIS CITY AND ALL OTHER AFFECTED COMMUNITIES; CONCERNING THE PROVISIONS TO BE MADE FOR SAME IN A COLLECTED FASHION BY THE MUNICIPALITIES LOCATED SOUTH OF STATE ROAD 84; DIRECTED AT RESOLVING PROBLEMS RELATING TO SALT WATER INTRUSION IN CERTAIN EASTERN MUNICIPALITIES AND UNINCORPORATED AREAS; PROVIDING FOR FORWARDING THE RESOLUTION TO ALL INTERESTED PARTIES; PROVIDING FOR CONSISTENCY; PROVIDING FOR CONFLICT; 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." 1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SUPPORTING THE NATIONAL LEAGUE OF CITIES POSITION ON FEDERAL CABLE TELEVISION LEGISLATION; 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." Commissioner Donly 2. PUBLIC HEARINGS Rezoning (Second and Final Reading of Ordinance) 2.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT: A PARCEL OF LAND IN THE NW; OF SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW; OF SECTION 35; THENCE RUN DUE SOUTH (ON AN ASSUMED BEARING) 1291.28' ALONG THE WEST LINE OF SAID NW;; THENCE RUN NORTH 89018149" EAST 1331.67, ALONG THE NORTH LINE OF THE SW, OF SAID NW;; THENCE RUN SOUTH 0005155" (continued) 0- WEST 62,53'• TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE DANIA CUT-OFF CANAL; THENCE RUN SOUTH 89001'55" EAST 103.98' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION;•THENCE RUN NORTH 84041'08" EAST 110.06' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION; THENCE RUN NORTH 86006102" EAST 122.06' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION; THENCE RUN SOUTH 3053'58" EAST 1.21' TO A POINT OF INTERSECTION; THENCE RUN NORTH 86027'47" EAST 141.89' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION; THENCE RUN 85006'47" EAST 75.57' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION; THENCE RUN NORTH 81007'09" EAST 208.17' ALONG SAID SOUTHERLY LINE, TO A POINT OF INTERSECTION; THENCE RUN SOUTH 0007'24" EAST 253.61' TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 1.1 ACRES, MORE OR LESS; FROM EXISTING ZONING CLASSIFICATION OF OS TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; 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." (Houston Park/Harbour Towne Marina) 3. DISCUSSION 3.1 Delegation of concerned citizens expressing interest in the City of Dania adopting a plan to conduct municipal elections by district rather than at large. APPEARANCE: June Silvernale 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 CITY COMMISSION WITH REGARD 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 VERBATIK RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ADDENDUM DANIA CITY COMMISSION REGULAR MEETING OCTOBER 25, 1983 3. DISCUSSION (continued) 3.2 Request by Maranatha Christian Tabernacle to hang banner on U.S. 1 and Dania Beach Boulevard advertising the "Year of the Bible" celebration. Commissioner Cook 3.3 First reading of ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, MAKING IT UNLAWFUL TO MAINTAIN AND KEEP A NUISANCE IN THE FRONT YARDS OF RESIDENTIAL PROPERTIES LOCATED WITHIN THE CITY OF DANIA, PRO- VIDING A DEFINITION OF A "NUISANCE"; 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 PRO- VIDING FOR AN EFFECTIVE DATE." Commissioner Cook 3.4 Discussion concerning Item 2.8, PZ-56-83, Extasis II, Inc. 603 East Dania Beach Boulevard. The applicant has requested that the City reconsider its previous action of denial which occured on October 11, 1983. Commissioner Cook 3.4 (8:15 p.m.) Receipt of bids for survey of sewer system for infiltration. i` c