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HomeMy WebLinkAbout1983-11-08 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION NOVEMBER 8, 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 City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Commissioner: Robert Donly A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to excuse Commissioner Donly from this meeting due to his mother's serious illness. The motion passed unanimously. I. CONSENT AGENDA Minutes 1 .1 October 25, 1983, Regular Meeting Bills 1 .2 September, 1983 Resolutions 1.3 A Resolution appointing members to the Dania Code Enforcement Board to serve until their successor is duly appointed; providing the terms of office (John Vollman & Jack Bradley). Ordinances (First Reading) 1.4 An Ordinance to amend Chapter 28 of the Code of Ordinances by amending Sections 2.10, 5.17 and 5.30 thereof to define allowable density and hotel , permit minor additions on lots with existing five foot set-backs and to provide requirements for separations of mobile homes and travel trailers in a mobile home and/or travel trailer -park was read for first reading by Mayor Byrd. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 2. BIDS 2.1 Award of bid for sewer system evaluation survey. City Engineer Jahn Calvin presented his recommendation on awarding the bid for the sewer system evaluation survey. Regular Meeting -1- November 8, 1983 • A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Adams to award the bid for evaluation study of the sewer system to Fitzgerald Sewer Service and Equipment Inc. for $18,740.00. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes * 2.2 (8:15 p.m. ) Receipt of bids for water main extension on SW 18 Court & Avenue A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to close the receiving of bids for water main extension on SW 18 Court and Avenue. The motion passed unanimously. ** (At this time, receiving of bids on -item 2.3 was closed. ) City Engineer John Calvin read the following bids received: Solo Construction Co. $44,060.00 Gateway Construction Co. 28,600.00 R.J. Sullivan Corp. 25,765.00 H & H Engineering Inc. 40,335.00 H & H Crane Service Inc. 27,125.00 A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Adams to remand bids received to City Manager Marant for his review and recommendation at the next regular Commission meeting of November 22, 1983. The motion passed unanimously. * 2.3 Receipt of bids for culvert replacement at NW 14th Avenue and Tarpon Waterway ** A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to close the receiving of bids for culvert replace- ment at NW 14th Avenue and Tarpon Waterway. The motion passed unanimously. City Engineer John Calvin read the only bid received: H & H Crane Service Inc. $25,000.00 A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to remand the bid received._to, City Manager Marant for his review and recommendation at, the next regular Commission meeting of November 22, 1983, the motion including a reminder of past bridge and culvert troubles. The motion passed unanimously. At this time, Mayor Byrd announced that City Manager Marant had left the meeting as he had become ill. 3. PUBLIC HEARINGS Ordinances (Second and Final Reading) 3.1 An Ordinance amending sub-paragraph (d) of Section 26-26 of Article II of Chapter 26 of the Code of Ordinances to provide regulation of tree removal in single family and duplex zoning h classifications 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 Adams, seconded by Commis- sioner Cook to adopt the Ordinance on second and final reading. Regular Meeting -2- November 8, 1983 The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 3.2 An Ordinance amending Section 3 of Ordinance No. 293 to exempt non-profit organizations from the restriction as to the number of licenses issued and the consecutive days a license will be in effect for conducting garage sales was read for second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. Hearing several citizens speak in favor, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to adopt the Ordinance 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 * (At this time, agenda items 2.2 and 2.3 were addressed.) 3.3 An Ordinance 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" was read for second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. Hearing citizens speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to adopt the Ordinance 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 Variances 3.4 PZ-57-83, Dorthea K. Gustafson, 34 SE 12th Street Dorthea Gustafson stepped forward to request a variance to allow a duplex conversion on a lot of insufficient width and square footage, and also to allow parking not in conformance with zoning regulations, 9' x 20' or current practice. Mayor Byrd opened the publ.ic hearing. Hearing a citizen speak in opposition, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to grant the variance allowance as long as Mrs. Gustafson's daughter owns the property and lives on the premises. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 3.5 PZ-58-83, District 2 MEBA Building Corporation of Florida, Inc. , 15 SW 7th Street A representative of the MEBA resident school stepped forward to request a variance to build two outdoor tennis courts, surrounded by 10' high fencing and attached wind screens which fence is in ?._ excess of the 6' height requirements. The tennis courts will be located at 15 SW 7th St. , which is in an RD-6000 zoning classifica- tion. The fences will be set back 25' in the front, to be in Regular Meeting -3- November 8, 1983 conformance with the existing front set-backs of surrounding properties. Said courts to be provided with 6 arm-mounted luminaries (1 ,000 watt metal halide lamps) adjusted and positioned so as to eliminate neighborhood light pollution. Mayor Byrd opened the public hearing. Hearing two citizens speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to grant the variance request by District 2 MEBA Building Corporation of Florida, Inc. with the stipulation that the lights be turned off at 11 :00 p.m. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 3.6 PZ-59-83, Irene L. Dodge, 714 SW 4th Court Howard Dodge, husband of the petitioner, stepped forward to explain the variance request to allow construction of a steel garage with insufficient set-backs in an I-R (Industrial Restricted) zoning classification. Mayor Byrd announced that this variance request was continued by the Planning and Zoning Board due to the fact that the petitioner was not present at its .last meeting. A motion was made by Vice-Mayor Bertino; seconded by Commissioner . Cook to continue the variance request by Irene L. Dodge until the regular meeting after the Planning and Zoning Board has met and made its recommendation to the Commission. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes •Mayor Byrd-yes 4. DISCUSSION• 4.1 Resolution regarding safe and adequate drinking water supply. John Calvin, Iry Rosenbaum, Bob Miller and Commissioner Mike Rubinstein appeared at this meeting and spoke in reference to the potable water supply and waste water problems in South Broward and the need for an Ad Hoc Committee to address these problems and develop an organized system of interconnection. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the Resolution of the City of Dania relating to .r the provisions in the Southern part of Broward County for an adequate and safe supply of fresh drinking water; and to enter into the creation of an Ad Hoc Committee to study the formation of a regional authority to oversee the availability and distri- bution of potable water and .waste water disposal ; and to appoint Commissioner Donly and Mayor Byrd as Dania's representatives on that Ad Hoc Committee. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 4.2 Agreement between Police Benevolent Association and City. Deputy City Manager Jewell explained that the Agreement dated 10-1-83 to 9-30-86 was approved in workshop session and reviewed by Labor Attorney, Mr. Caldwell , and advised the Commission that Staff recommends approval . x u Regular Meeting -4- November 8, 1983 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to approve and authorize signature of the Agreement between Police Benevolent Association and 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 ADDENDUM ITEM 4.3 Presentation by Commissioner Cook regarding recently completed Broward County Comprehensive Survey Phase III Program as prepared by the Historic Preservation Board of Broward County. Commissioner Cook explained the functions of the Broward County Historic Preservation Board and described the Comprehensive Survey Phase III prepared by the Board, a compiled history of the City of Dania which has been incorporated into the Broward County Comprehensive Land Use Study. Commissioner Cook urged citizens to visit the downtown library or the Dania library to see the Comprehensive Survey Phase. III which will be displayed there. ADDENDUM ITEM 4.4 Resolution in support of the request of Liberia Economic and Social Development, Inc. to F.P.&L. for the use of one acre of its five acre tract of land on SW 12th Avenue for the devel- opment of a leisure-type park. Henry Graham, Director of LES, stepped forward to request the Commission's support by -the passage of the Resolution and the forwarding of same to F.P.& L. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to adopt the Resolution in support of the request of Liberia Economic and Social Development, Inc. to F.P.& L. for the use of one acre of its five acre tract of land on SW 12th Avenue for the development of a leisure-type park. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes At this time, Mayor Byrd introduced Dr. Marcus, who commented on Broward County's annual "Good Old Days" week-long event which will commence on April 24, 1984 and culminate at Frost Park and Dania Jai Alai on April 29th and 30th. Fire Chief Jewell reported on the Broward County Professional Fire Administrators Ad Hoc Committee's status regarding the consolidation of fire and rescue services in Broward County. 5. CITIZENS' COMMENTS Mr. & Mrs. Williams commented on a problem they are having with the Water Department regarding an unusually high water bill run up by a tenant. Mayor Byrd directed Deputy City Manager Jewell to meet with Mr. & Mrs. Williams toward a solution to their problem. Vincent Carroll asked why the Resolution regarding election districting was not addressed at this meeting. City Attorney Adler explained that the Resolution was not ready in time for this meeting but will be on the agenda for the next regular meeting of November 22, 1983. Mr. Carroll also commented on the need for more personnel to ease the code enforcement and building department workload. Regular Meeting -5- November 8, 1983 Bob Mikes commented on Broward County's offer to municipalities of free trees coming out of nurseries at the airport area. 6. ADMINISTRATIVE REPORTS 6.1 City Manager Deputy City Manager Jewell reported that the tractor for the Beach arrived and would be in service this week. He then reported that the street light survey requested by Commissioner Adams showed 36 lights out, in Dania and stated that F.P.& L. has so far repaired 20 as of October 31st. Deputy City Manager Jewell read a report on Boisy Waiters Center access road from County Administrator, Mr. Johnson to County Commissioner, Nikki Grossman, A workshop meeting was requested to discuss the problem with the water agreement between the City of Dania and the City of Hollywood and •to discuss •the impact of the County's increase in disposal fees on the Seacoast Sanitation garbage contract. The workshop' was scheduled for Tuesday, November 15, 1983 at 7:00 p.m. preceding the Special Meeting already scheduled for 8:00 p.m. the same night. 6.2 City Attorney - no comment. 7. COMMISSION COMMENTS 7.1 Commissioner Adams - no comment. 7.2 Commissioner Cook requested that Administration prepare a, status report on the light at Sheridan Street and 5th Avenue. 7.3 Commissioner Donly - absent. 7.4 Vice-Mayor Bertino - no comment. 7.5 Mayor Byrd reported on a letter from the City Manager and Mayor of Miami addressed to the tenants of the Design Center of the Americas in Miami and the future tenants of the Design Center of the Americas in Dania outlining the advantages of the .Miami location. • He announced that he will request the Broward Industrial Board to respond to the letter. Mayor Byrd then expressed the need to secure a grantsman for the City of Dania. It was decided that discussion of this recommendation would be placed on the agenda for the workshop meeting scheduled for November 15th at 7:00 p.m. Mayor Byrd commented on Deacon Ira Baker's demise and introduced a Resolution in recognition of his service to the Community and expressing sympathy to his family upon his recent death. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the Resolution. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes A motion was made and seconded to adjourn. The motion passed unanimously. MAYOR-COMMISSIONER `CITY CLERK-AUDITOR Regular Meeting -6- November 8, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 8, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 October 25, 1983, Regular Meeting RECOMMENDATION: Approval Bills 1.2 September, 1983 RECOMMENDATION: Approval Resolutions 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MEMBERS TO THE DANIA CODE ENFORCEMENT BOARD TO SERVE UNTIL THEIR SUCCESSOR IS DULY APPOINTED; PROVIDING THE TERMS OF OFFICE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT." RECOMMENDATION: Approval Ordinances (First Reading) 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMENDING SECTIONS 2.10, 5.17 and 5.30 THEREOF TO DEFINE ALLOWABLE DENSITY AND HOTEL, PERMIT MINOR ADDITIONS ON LOTS WITH EXISTING FIVE FOOT SET-BACKS AND TO PROVIDE REQUIREMENTS FOR SEPARATIONS OF MOBILE HOMES AND TRAVEL TRAILERS IN A MOBILE HOME AND/OR TRAVEL TRAILER PARK; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLTUIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PRO- VIDING FOR AN EFFECTIVE DATE." RECOMMENDATION: Approval 2. BIDS 2.1 Award of bid for sewer system evaluation survey 2.2 (8:15 p.m.) Receipt of bids for water main extension on SW 18 Court & Avenue 2.3 Receipt of bids for culvert replacement at NW 14th Avenue & Tarpon Waterway 3. PUBLIC HEARINGS Ordinances (Second and Final Reading) 3.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-PARAGRAPH (d) OF SECTION 26-26 OF ARTICLE II OF CHAPTER 26 OF THE CODE OF ORDINANCES TO PROVIDE REGULATION OF TREE REMOVAL IN SINGLE FAMILY AND DUPLEX ZONING CLASSIFICATIONS; 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." PUBLIC HEARINGS (continued) Ordinances (Second and Final Reading) 3.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 3 OF ORDINANCE NO. 293 TO EXEMPT NON-PROFIT ORGANIZATIONS FROM THE RESTRICTION AS TO THE NUMBER OF LICENSES ISSUED AND THE CONSECUTIVE DAYS A LICENSE WILL BE IN EFFECT FOR CONDUCTING GARAGE SALES; 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." 3.3 "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." Variances 3.4 PZ-57-83, Dorthea K. Gustafson, 34 SE 12th Street 3.5 PZ-58-83, District 2 MEBA Building Corporation of Florida, Inc. , 15 SW 7th Street 3.6 PZ-58-83, Irene L. Dodge, 714 SW 4th Court 4. DISCUSSION 4.1 Resolution regarding safe and adequate drinking water supply. APPEARANCE: John Calvin & Robert Miller 4.2 Agreement between Police Benevolent Association and City 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 Z.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 CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEED- INGS, 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. f,. j i.�!i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 8, 1983 4.3 Presentation by Commissioner Cook regarding recently completed Broward County Comprehensive Survey Phase III Program as prepared by the Historic Preservation Board of Broward County. 4.4 Resolution in support of the request of Liberia Economic and Social Development, Inc. to F.P. & L. for the use of one acre of its five acre tract of land on SW 12th Avenue for the development of a leisure-type park. z e l