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HomeMy WebLinkAboutRegular Meeting (86) MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 14, 1984 INVOCATION: Father O'Connor 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 Marant Deputy City Clerk: Mary Jabalee Police Chief: Rudolf Rigo Building Official: Paul Maxwell 1. CONSENT AGENDA Minutes 1.1 January 24, 1984, Regular Meeting Bills 1.2 December, 1983 Ordinances (First Reading) 1.3 The title of an ordinance providing for the control of excessive and unnecessary noise was read for first reading by Mayor Byrd. A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the consent agenda. The motion passed unanimously. PRESENTATION Presentation by Goldie Last: Dania City Song Goldie Last stepped forward to introduce a group of children who sang the Dania City Song after which everyone joined in a chorus of the song. 2. PUBLIC HEARINGS Ordinances (Second and Final Reading) 2.1 The title of an ordinance approving the plat of "Port Laudania Plat" was read for second and final reading by Mayor Byrd. Bob McLaughlin, of McLaughlin Engineering, representing the petitioner, stepped forward to request that the word "Plat" be dropped from the title, amending it to read "Port Laudania" . Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Regular Meeting 1 February 14, 1984 • • A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to amend the title of the ordinance by dropping the word "Plat". 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 Cook to adopt the ordinance approving the plat of "Port Laudania" 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 Resolutions 2.2 A resolution adopting the Annual Preliminary Federal Revenue Sharing Budget making appropriations for the fiscal year beginning October 1, 1983, and ending September 30, 1984, for the maintenance and carrying on of the Federal Revenue Sharing Fund of the City of Dania, Florida, was read 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 Vice-Mayor Bertino, seconded by Commissioner Donly to adopt the resolution adopting the Annual Preliminary Federal Revenue Sharing Budget. 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-05-84, Rholanda Hiags-Rule for R & R Guest Home, Inc. , 716 SW 6th Street Rholanda Higgs-Rule stepped forward to request a variance for a combination recreation area, office, multi-family use, and less than required parking spaces in an RS 6000 zoning classification. Mayor Byrd read the following Planning and Zoning Board recommendation into the record - Planning and Zoning Board and Staff recommend approval of this request with the following stipulations : 1. That the variance requested (recreation room, dining room, kitchen, 2 offices, Doctors examining room on the first floor, and 3 apartment units, includina kitchen, living room, two bedrooms and 2 bathrooms in each unit, on the second floor) , and 7 parking spaces , be used as part of the HRS (ACLF) facility on the adjacent property. . Reaular- Meetina 2 February 14 , 1984 • • 2. That the 2 offices and medical examination room, kitchen, recreation room and dining room be used as a part of the ACLF and operate under that occupational license, and no separate or additional commercial business be allowed to operate from the property. 3. That 3 units (now located on 2nd floor) be a part of the ACLF and a maximum of 3 units total be allowed on the property. 4. That the 7 parking spaces have the variance only as long as the facility -is used as an ACLF. Mayor Byrd opened the public hearing. Several citizens spoke in favor of the variance and in support of R & R Guest Home's service to the community. Willie Hill spoke in opposition of expanding R & R Guest Home's facility. The Mayor then closed the public hearing. During discussion, Miss Higgs' need to replace insufficient office and recreation space was acknowledged and the opinion that the number of clients should not be increased was expressed. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant the variance request by Rholanda Higgs-Rule according to the stipulations of the Planning and Zoning Board recommendation. After discussion regarding the necessity for more defined limitation in the Planning and Zoning Board stipulations, the motion and second were withdrawn. A motion was made by Commissioner Donly, seconded by Commissioner Cook to grant the variance request by Rholanda Higgs-Rule including the stipulations of the Planning and Zoning Board recommendation and the addition of language in paragraph #3 of the Planning and Zoning Board recommendation, to be inserted by the City Attorney, limiting the use of the 3 apartment units to accommodate staff members only. 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. APPOINTMENTS (Adoption of Resolution) 3.1 Dania Housing Authority Mayor Byrd announced that this item is being withdrawn at this time. 3.2 Dania Industrial Advisory Board Mayor Byrd named James E. Grace to be appointed to the Dania Industrial Advisory Board by resolution. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the resolution appointing James E. Grace to the Dania Industrial Advisory 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-yes Regular Meeting 3 February 14, 1984 ADDENDUM ITEM: 3.3 Police and Fire Pension Board Rholanda Higgs-Rule was named by the Police and Fire Pension Board to be appointed as a citizen member of that board by resolution. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to adopt the resolution appointing Rholanda Higgs-Rule to the Police and Fire Pension 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-yes 4. OCCUPATIONAL LICENSES 4.1 Brent Mathew Godlewski d/b/a Federal Pawnbrokers, 328 South Federal Hiahway Brent Godlewski stepped forward to request an occupational license to operate a shop under the name of Federal Pawnbrokers. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to deny the request. The motion and second were withdrawn after Mr. Godlewski stated that his intention was to deal in jewelry, precious metals and antiques on a buy/sell basis, not lend money, and therefore withdrew his application for an occupational license. 5. VACATION OF RIGHT-OF-WAY 5.1 Florence E. Klipper, 50 SE 13th Street Muriel Swezey, daughter of the petitioner, stepped forward to request that an existing 20' right-of-way be vacated to provide sufficient frontage, square footage and setback for duplex purposes. She also requested that the Commission waive the replatting requirement in the event that the vacation application is approved. A motion was made by Commissioner Donly, seconded by Commissioner Cook to waive the replatting requirement. The motion passed unanimously. A motion was made by Commissioner Donly, seconded by Commissioner Cook to refer the right-of-way vacation request of Florence E. Klipper to the Planning and Zoning Board for its recommendation. The motion passed unanimously. 6. SITE PLANS 6. 1 SP-03-84, Rholanda Higgs-Rule and John Rule for R & R Guest Home, 716 SW 6th Street Mark Saltz, Architect, representing the petitioner, described the site plan for R & R Guest Home and requested Commission approval. Regular Meeting 4 February 14, 1984 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant site plan approval to Rholanda Higgs-Rule and John Rule for R & R Guest Home. The motion passed unanimously. 6. 2 SP-04-84, C. Craig Edewaard, Inc. for Dennison Marine, 750 NE 7th Street Christopher Dennison, representing Dennison Marine, presented the site plan for a manufacturing building, explaining the intention to have a boat manufacturing and service facility in addition to the existing Laudania Ocean Terminal facility. Building Official Maxwell reported that the Planning and Zoning Board recommended approval of the site plan with the stipulation that the building be shifted two feet to the south, and that the vehicle parking overhang into the landscape area will be a maximum of one foot into the landscape strip so that the trees will not be damaged. He said these conditions have been agreed to. A motion was made by Commissioner Cook, seconded by Commissioner Donly to grant site plan approval to C. Craig Edewaard, Inc. for Dennison Marine incorporating the changes as outlined by the Planning and Zoning Board. The motion passed unanimously. ADDENDUM ITEM: 7. PROCLAMATIONS 7.1 Drug Prevention and Education Week Mayor Byrd announced that a proclamation recognizing Drug Prevention and Education Week will be presented at the March 13th regular Commission meeting. 7.2 National Engineer's Week Mayor Byrd issued a proclamation recognizing February 19, 1984 through February 25, 1984 as Engineer' s Week. 7.3 Florida Derby Festival Mayor Byrd issued a proclamation recognizing the positive impact of the Florida Derby Festival. S. DISCUSSION 8. 1 Request by Broward Cable T.V. to locate microwave dish on super structure of water tower City Manager Marant described the request of Broward Cablevision to lease space on the City of Dania water tower for the installation of a cable TV microwave dish, the lease agreement to run concurrently with the existing non-exclusive franchise agreement expiring in May of 1998. He described the rate schedule and stated that it is Administration's recommendation that a trust fund be set up to receive that revenue into the water fund account for painting and maintenance of the water tower. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to enter into. the lease agreement with Broward Cablevision with the provision that the fee structure be renegotiated after three years. Regular" Meeting 5 February 14, 1984 • Ron Hren, General Manaaer of Broward Cablevision, commented on the necessity of a long term contract for the installation of the receive dish because the whole cable system will be built around where the dish is located. He stated that if the fee structure were only fixed for three years, he would not have a long term contract that he could work with, but that he could live with provisions in the lease for possible future rate increases. After discussion, during which City Manager Marant and City Attorney Adler concurred with Mr. Hren's contention, Commissioner Cook withdrew her second to Vice-Mayor Bertino's motion. A motion was made by Commissioner Cook, seconded by Commissioner Donly to enter into the lease agreement with Broward Cablevision for rental of space on the City of Dania water tower at a fee of $350. 00 per month beginning the month of installation of the dish through 1989, then at a fee of $450.00 per month through 1994, and then at a fee of $550. 00 per month through expiration of the lease in May, 1998, with possible increases to the rate schedule based on cost of living. The motion passed unanimously. * ADDENDUM ITEM #11 , BIDS, was addressed at this time and items numbered 11. 1 and 11.2 were renumbered. 8.2 (Formerly Addendum Item #11.1) Request permission to go out to bid to replace waterline in alley between SE 3rd Street and SE 3rd Terrace, from 4th Avenue to 5th Avenue: John Calvin, City Engineer City Manager Marant explained that upon investigation of a citizen' s complaint (on the citizens comments portion of this meeting' s agenda) , the waterline was found to be completely rusted for approximately 1,000 feet and unable to withstand pressure. Permission was requested to go out to bid to replace the waterline in that area. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to direct the City Manager to advertise for bids to replace the waterline in the alley between SE 3rd Street and SE 3rd Terrace, from 4th Avenue to 5th Avenue. The motion passed unanimously. 8.3 (Formerly Addendum Item #11.2) Request waiver of formal bidding procedures for providing water and sewer service under new Griffin Road and award project to Triple R Construction. Emergency Item; John Calvin, City Engineer Deputy City Manager Jewell explained the emergency situation arising due to the fact that Administration had to abandon its original plan to tie utility lines into the County system upon learning of the County' s change of plans. He stated that if the utility lines can be placed while the new Griffin Road is being built, a considerable dollar savings would result and to save valuable time requested permission to waive the formal bidding procedures and award the project to Triple R Construction, whose quotation was the lowest of three _ received by the City Engineer's office: $4320 for 10" water main and $3240 for 6" force main. n+; Regular Meeting 6 February 14, 1984 •yc; • A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to declare the placement of utility lines under the new Griffin Road an emergency due to the road construction calendar. The motion passed unanimously. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt a resolution directing the City Manager to waive the bidding procedures and award the projects to Triple R Construction in the amount of $4320 for 10" water main and $3240 for 6" force main. The motion passed unanimously. * ADDENDUM ITEM #12, REVIEW was addressed at this time and items numbered 12 and 12.1 were renumbered. 9. REVIEW (Formerly Addendum Item #12) 9.1 (Formerly Addendum Item #12.1) Acceptance of the 1982/1983 Audit submitted by Peat, Marwick & Mitchell; Presentation by Mr. Keith Cobb Keith Cobb, of Peat, Marwick & Mitchell, presented the 1982/83 financial statements, accountants' reports and management letter, and described the financial position of the City as excellent. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to accept the 1982/83 Audit. The motion passed unanimously. In response to City Manager Marant' s inquiry regarding . the submission of a proposal for the retention of Peat, Marwick & Mitchell's services , Mr. Cobb reported that a proposal will be presented within the next month or two. ADDENDUM ITEM: 13. RECOMMENDATION 13.1 Recommendation on Change Order #1 to United Steel Erectors, Inc. contract for water plant renovations Deputy City Manager Jewell recommended that the Commission accept Change Order #1 to the United Steel Erectors, Inc. contract for water plant renovations and explained that the original contract amount was $629,198.00 and the deletion of $200,538.00 per Change Order #1, as discussed at the January 23rd Workshop meeting, will reduce the cost of the work to $428,660.00. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve Change Order #1 to the United Steel Erectors, Inc. contract for water plant renovations. The motion passed unanimously. CITIZENS' COMMENTS: Ruth Carrera, 422 S.E. 3rd Street, elected not to participate in the citizens' comments portion of the agenda due to the fact that her complaint was already addressed at tonight' s meeting (agenda item 8.2) . Regular Meeting 7 February 14, 1984 Yr ADMINISTRATIVE REPORTS: CITY MANAGER - City Manager Marant reported on Florida Power & Light' s conversion to new high pressure sodium vapor street lighting throughout the State of Florida per the executive order of the Public Service Commission. Mr. Marant reported on the resurfacing of NW 1st Street project, stating that an agreement between Broward County and the City of Dania is being prepared whereby the City will agree to do the work and to accept the transfer of the $55,482. 00 impact fee received by the County from the Design Center of the Americas on December 1; 1983 for that project. He said the agreement will be on the February 28th Regular Commission meeting agenda for approval. City Manager Marant commented on correspondence from the Manager of the Jacksonville area HUD office regarding the audit of the Housing Authority. Mr. Marant then commented on Bob Kaplan's resignation from the Code Enforcement Board and the Civil Service Board and requested that the Commission recommend a replacement appointee for each of those boards. City Manager Marant read a memo from City Clerk Mullikin recommending a resolution adopting a policy of board appointments. Mr. Marant also commented on resolution and ordinance policy stressing the need for receipt of the actual resolution or ordinance before placement on agendas. CITY ATTORNEY - City Attorney Adler. agreed with City Manager Marant' s comment regardina resolution and ordinance policy. City Attorney Adler reported that negotiations with the Broward County Pollution Control Board re a $1500.00 fine levied by the County in connection with Motel Six were finalized and that a settlement payment of $369.00 was being made. 9. COMMISSION COMMENTS 9. 1 Commissioner Adams - no comment. 9.2 Commissioner Cook requested that a resolution be drawn up appointing the following to the Recreation and Parks Committee: Jean Cook, Chairman; Ronald Bain; Audrey Cassese; Grace Grinnell; Barbara Grace; William J. Hart; Howard Hirsch; Richard "Skeet" Jernigan; and Vito Mancino. Commissioner Cook requested a report from City Manager Marant on the status of the light that the D.O.T. was to install at Fronton Blvd. and Dania Beach Blvd. 9.3 Commissioner Donly - no comment. 9.4 Vice-Mayor Bertino commented on a letter from Ocean Waterways Mobile Home Park commending Officer S. Marrero for excellent police service. Regular Meeting 8 February 14, 1984 Vice-Mayor Bertino commented on the spaghetti dinner to be held at the Dania Chamber of Commerce on Saturday, February 18th, and the spaghetti dinner to be held at the Church of the Resurrection on Sunday, February 19th. 9.5 Mayor Byrd - no comment. A motion was made and seconded to adjourn this Regular Commission Meeting. The motion passed unanimously. MAYOR-COMMISSI NE CITY CLERK-AUDITOR Regular Meeting 9 February 14, 1984 ® i AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 14 , 1984 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 January 24, 1984, Regular Meeting Bills 1.2 December, 1983 Ordinances (first reading) 1.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE CONTROL OF EXCESSIVE AND UNNECESSARY NOISE; TO ESTABLISH MAXIMUM PERMISSIBLE SOUND LEVELS FOR LAND USE CATEGORIES; TO ESTABLISH MAXIMUM SOUND LEVELS FOR MOTOR VEHICLES; TO PRO- VIDE FOR PENALTIES FOR VIOLATIONS THEREOF; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PUBLIC HEARINGS Ordinances (second and final reading) 2.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "PORT LAUDANIA PLAT" , SAME BEING THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTH- WEST ONE-QUARTER (NW 1/4) OF SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST; LESS THE SOUTH 260 FEET OF THE NORTH 295 FEET THEREOF; SUBJECT TO CANAL RIGHT-OF-WAY AS DESCRIBED IN DEED RECORDED IN DEED BOOK 304, PAGE 429, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS LYING IN DANIA, BRO WAR D COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF SAID "PORT LAUDANIA PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTOINS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " Resolutions 2. 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL PRELIMINARY FEDERAL REVENUE SHARING BUDGET MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1983 , AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE FEDERAL REVENUE SHARING FUND OF THE CITY OF DANIA, FLORIDA; 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:" ■ Variances 2.3 PZ-05-84, Rholanda Higgs-Rule for R & R Guest Home, Inc. , 716 SW 6th Street 3. APPOINTMENTS (Adoption of Resolution) 3.1 Dania Housing Authority 3.2 Dania Industrial Advisory Board 4. OCCUPATIONAL LICENSES 4.1 Brent Mathew Godlewski d/b/a Federal Pawnbrokers, 328 South Federal Highway 5. VACATION OF RIGHT-OF-WAY 5. 1 Florence E. Klipper, 50 SE 13th Street 6. SITE PLANS 6.1 SP-03-84, Rholanda Higgs-Rule and John Rule for R & R Guest Home, 7.16 SW 6th Street 6.2 SP-04-84, C. Craig Edewaard, Inc. for Dennison Marine, 750 NE 7th Street 7. PROCLAMATIONS 7.1 Drug Prevention and Education Week 8. DISCUSSION 8.1 Request by Broward Cable T.V. to locate microwave dish on super structure of water tower 9. COMMISSION COMMENTS 9. 1 Commissioner Adams 9.2 Commissioner Cook 9.3 Commissioner Donly 9.4 Vice-Mayor .Bertino 9.5 Mayor Chester Byrd 10. CITIZENS' COMMENTS - Comments by Dania citizens or other interested parties that are not part of the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the second (2nd) and fourth (4th) Tuesdays of each month. Comments of any nature will be responded to by the Office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting. *Emergencies may be given to the Mayor, City Commission or City Manager prior to the beginning of the meeting. 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i ADDENDUM DANIA CITY COMMISSION REGULAR MEE= FEBRUARY 14, 1984 Presentation by Goldie Last: Dania City Song 3. APPOINTMENTS 3.3 Police and Fire Pension Board 7. PROCUPATIONS 7.2 National Engineer's Week 7.3 Florida Derby Festival 11. BIDS 11.1 Request Permission to go out to bid to replace waterline in alley between S.E. 3rd Street and'S.E. 3rd Terrace, from 4th Avenue to 5th Avenue; John Calvin, City Engineer 11.2 Request waiver of formal bidding procedures for providing water and sewer service under new Griffin Road and award project to triple R construction. Ebmergency Item; John Calvin, City Engineer 12. REVIEW 12.1 Acceptance of the 1982/1983 Audit submitted by Peat, Marwick & Mitchell; Presentation by Mr. Keith Cobb 13. RFCOM ENDATIOPI 13.1 Recmmendation on Change Order #1 to United Steel Erectors, Inc. contract for water plant renovations. i DANIA CITY COMMISSION CITIZENS MWEN'IS AGENDA FMRUARY 14, 1984 CITIZENS M-DUN S: 1. Ruth Carrera, of 422 S.E. 3rd Street. Commenting on the water pipes in her area that they are in constant need of repair.