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HomeMy WebLinkAboutRegular Meeting (89) MINUTES DANIA CITY COMMISSION REGULAR MEETING MAY 8, 1984 INVOCATION: Richard Marant PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Chester -A. Byrd Vice-Mayor: John Bertino Commissioners: James Adams Jean Cook Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Building Official: Paul Maxwell Absent: Police Chief: Rudolf Rigo Vice-Mayor Bertino arrived late for this meeting. Motion was made, seconded and passed to excuse him. Police Chief Rigo was excused from this meeting as he was on vacation. Presentation by Sgt. Johnson to Mayor Byrd for the Sponsorship of BSA Troop 800 A placque in appreciation of the City of Dania's sponsorship of BSA Troop 800 was presented to Mayor Byrd by .Sergeant Johnson. Mayor Byrd announced that on May 15, 1984, Leo Polk will be featured on the Norman Vincent Peale's Narration of The American Character radio program. 1. CONSENT AGENDA Minutes 1.1 April 24, 1984, Regular Meeting Ordinances 1. 1 The title of an Ordinance amending Section 27-33(b) and Section 27-38(1) , (2) and (3) of Article II of Chapter 27 of the 1980 Code of Ordinances of the City of Dania, Florida, entitled, "Rates and Charges" to provide increases in the rates and charges for turn-ons, residential users, commercial, business and industrial users, and rates for water consumed in excess of stated minimum; and providing for an effective date of April 1, 1984, was read for first reading by Mayor Byrd. 1.2 The title of an Ordinance amending Section 27-108(a) of Article III of Chapter 27 of the 1980 Code of Ordinances of the City of Dania, Florida, entitled, "Rates and Charges for Service" to provide increases in the rates and charges for residential dwelling units; and providing for an effective date of April 1, 1984, was read for first reading by Mayor Byrd. Regular Meeting 1 May 8, 1984 1. 3 The title of an Ordinance of the City of Dania amending its budget for the fiscal year 1983-84 by changing the Water Fund budget revenues and appropriations for expenditures for the fiscal year 1983-84 to increase said Water Fund budget estimated revenues and appropriations for expenditures from the total of $678,000 to $692,000 was read for first reading by Mayor Byrd. 1.4 The title of an Ordinance of the City of Dania amending its budget for the fiscal year 1983-84 by chancing the Sewer Fund budget revenues and appropriations for expenditures for the fiscal year 1983-84 to increase . said Sewer Fund budget estimated revenues and appropriations for expenditures from the total of $683,831 to $791,248 was read for first reading by Mayor Byrd. 1. 5 The title of an Ordinance of the City of Dania amending its budget for the fiscal year 1983-84 by changing the Fishing Pier budget revenues and appropriations for expenditures for the fiscal year 1983-84 to decrease said Fishing Pier budget estimated revenues and appropriations for expenditures from the total of $391,424 to $386,000 was read for first reading by Mayor Byrd. 1.6 The title of an Ordinance providing that the Code of Ordinances of the City of Dania be amended by revising Section 27-201 entitled, "Definitions" and Section 27-204 entitled, "Payment" as passed and adopted by Ordinance No. 7 on April 12, 1983, was read for first reading by Mayor Byrd. Resolutions 1.7 A Resolution of the City of Dania amending its budget for the fiscal year 1983-84 by changing the General Fund budget revenues and appropriations for expenditures for the fiscal year 1983-84 to increase said General Fund budget estimated revenues and appropriations for expenditures from the total of $5,247,310 to $5,394,600 was read by Mayor Byrd. 1.8 A Resolution approving and adopting the form of promissory note to be used in the installment payments of water and/or sewer connection impact fees for residential units in existence at the time of enactment of the Impact Fee Ordinance (Ordinance No. 7) or in an unincorporated area which has been subsequently annexed to the City of Dania, Florida, was read by Mayor Byrd. A motion was made by Commissioner Donly, seconded by Commissioner Adams 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 Commissioner Donly-yes 2. PUBLIC HEARINGS Variances 2.1 PZ-20-84 Michael L. Thomas, 1601 Griffin Road Building Official Maxwell explained the petitioner's request to postpone this hearing until June. Regular Meeting 2 May 8, 1984 A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this variance request until the next regular Commission meeting following the Planning and Zoning Board meeting. The motion passed unanimously. 2.2 PZ-23-84 & SP-09-84 Irving Fromberg, 1101 Griffin Road Allan Kozich, Designer for the petitioner, stepped forward to explain the variance request to allow 9' x 18' parking spaces, and 24' maneuvering aisles for 90 degree parking in a C-3 zoning classification. He also requested Site Plan Approval for construction of a building containing offices and warehouses. Building Official Maxwell stated that the Planning and Zoning Board recommends approval of this request with the stipulations that trees will be planted on the Dania Cut-off Canal side of property, to provide for a tree every 25 feet and that the sign at the West end of the property will read "Do Not Exit. " Mayor Byrd opened the public hearing. Hearing no one speak in favor and after clarification of questions raised by citizens, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to grant the variance request by Irving Fromberg with the stipulations recommended by the Planning and Zoning Board except that trees be provided every 20 feet instead of the recommended 25 feet. 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 grant site plan approval to Irving Fromberg as presented in SP-09-84. 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 Site Plan Approvals 2.3 SP-06-84 Nick D'Arpino, land lying• approximately 160' E. of SE 2nd Ave. , between Sheridan -St. and, SE 15th St. Jeffrey Gross, Architect, representing the-petitioner, stepped forward to request site plan approval for one story office building. 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 grant site plan approval to Nick-- D'Arpino as presented in SP-06-84. 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 May 8, 1984 2.4 SP-07-84 Jimenez and Associates, Southland Corporation Tony Jiminez, Architect representing Southland Corp. , stepped forward to request site plan approval for a one story (7-11) convenience store, with gas pumps and islands located at SW 14th St. and Federal Highway. 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 Vice-Mayor Bertino to grant site plan approval to Southland Corporation as presented in SP-07-84. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-no 2.5 SP-08-84 D.W. Shuey and Assoc. for The Hertz Corp. Donald Shuey, Architectural Consultant representing The Hertz Corporation, stepped forward to request site plan approval for a rental car service/customer facility. 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 Commissioner Donly to grant site plan approval to The Hertz Corp. as presented in SP-08-84, provided the proper landscaping conditions are met per the buffer area site plan previously presented by the County. 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 time, Mayor Byrd presented a Proclamation for Teacher Appreciation Week. Special Exceptions 2.6 PZ-19-84 James D. Neal, 106 SW 1st Ave. (continued from April 10, 1984 meeting) James Neal stepped forward to request a Special Exception to allow off-street accessory parking in an RD-6000 zoning classification (Lot 2 of the parcel) ; property is adjacent to principal commercial use. Mr. Neal explained that the site plan was changed to provide ingress and egress on SW 1st Street rather than on SW 1st Court as originally shown to meet the requirement stipulated by the Planning and Zoning Board. 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 grant the special exception request by James D. Neal with the stipulation that the ingress and egress be on SW 1st Street rather than on SW 1st Court as originally shown and that a hedge and trees every 20' be provided as a landscape buffer at the rear of the building. Regular Meeting 4 May 8, 1984 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 Award of Bids 3.1 Recommendation on bid award for drainage on SE 6th St. and SE Park St. City Engineer, John Calvin, explained that the low bid for drainage on SE 6th St. and SE Park St, was received from Solo Construction on items bid in four different sections, and recommended the following: Item 1 (SE Park Street) - Bids be rejected. Items 2, 3 and 4 (SE 3rd Avenue, SE 3rd Terrace, and SE 6th Street) - Bids be awarded to Solo Construction for a total amount of $34,550. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to award the bid for drainage on Items 2, 3 and 4 to Solo Construction in the amount of $34,550 and to reject bids for Item 1. The motion passed unanimously. 3.2 Recommendation on bid award for one (1) Digital RA 60-AA rack-mountable 205 MB, removeable media disk drive Vernon Johnson, Asst. System Manager, explained Administration's recommendation to award the bid for the RA 60-AA disk drive to the low bidder, Digital Systems, in the amount of $13,200, with the stipulation that the purchase order may be withdrawn after ninety (90) days if Digital Systems cannot verify that the disk is actually in production. ** (At this time, item 3.3 was also discussed. ) A motion was made by Vice-Mayor Bertino, seconded by .Commissioner Donly to award the bid .for one (1) Digital RA 60-AA disk drive to Digital Systems, in the amount of $13,200 with a ninety (90) day rejection option. The motion passed unanimously. Request to advertise 3. 3 Request to advertise for Digital RA-81 Disk Drive, Fixed Drive without controller *A Vernon Johnson, Asst. System Manager, explained the necessity to advertise for bids for one ( 1) Digital RA-81 fixed disk drive to provide aback-up alternative for storage of files in the event the RA 60-AA disk drive becomes unavailable. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to direct the City Manager to advertise for bids for Digital RA-81 disk drive, fixed drive without controller. The motion passed unanimously. Regular Meeting 5 May 8, 1984 4. DISCUSSION 4.1 Commission to set date of Public Hearing on Amendment to the Resolution issuing Development Order for the Airport. Staff recommends July 10, 1984, due to the time frame involved. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to name July 10, 1984, as the date of Public Hearing on Amendment to the Resolution issuing Development Order for the Airport. The motion passed unanimously. 5. ADMINISTRATIVE REPORTS 5.1 City Manager Marant read a letter from Police Chief Rigo reporting progress made by the Criminal Investigation Division regarding deterring narcotic sales on the West side of the City. City Manager Marant reported the status of the lighting project at Modello Park. He then commented on the Ely Boulevard project. He also reported steps taken toward utilization of tennis courts at Olsen Middle School. 5.2 City Attorney Adler requested approval of an agreement to provide insurance coverage for F.P.& L. on the strip of property for which the Danto project has obtained a sewer and water line easement. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to .approve the execution of the agreement providing insurance coverage for F.P. & L. as requested. The motion passed unanimously. 6. COMMISSION COMMENTS 6.1 Commissioner Adams -no comment. 6.2 Commissioner Cook - no comment. 6.3 Commissioner Donly announced that Vice-Mayor-Bertino has been elected Treasurer of the Broward County League of Cities and extended congratulations. 6.4 Vice-Mayor Bertino commented on- the excellent Police . Department report given by City Manager- ,Marant. 6.5 Mayor Byrd commented on his appreciation of action taken regarding the drug problem on the West side- and of the progress made on the Modello Park lighting project. Mayor Byrd commented on the success of the Good Old Days in Dania. Mayor Byrd then commented on Administration's report on a meeting with the Department of Environmental Regulation re the status of Dania's water and sewer rehabilitation project. Howard Blackmon presented a report by the Block Grant Committee which recommended that the Fifth Avenue project take priority over the NW lst Street project. A motion was made by Commissioner Donly, seconded by Commissioner Cook to declare this an emergency item due to the County Commission and Block Grant Committee meetings time frame. The motion passed unanimously. c Regular Meeting 6 May 8, 1984 A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant Dania's City Administration and Block Grant Committee the flexibility to rearrange the priorities previously established by the City Commission on the three projects for submission and to direct Administration to notify the Community Development Block Grant Committee of the Commission's action. The motion passed unanimously. Mayor Byrd proclaimed May 13-19, Police Recognition Week and May 15th as Police Memorial Day. 7. CITIZENS' COMMENTS No verbal or written requests for citizens' comments for this night's meeting were received. A motion was made and seconded to adjourn this Regular Commission Meeting. The motion passed unanimously. MAYOR-COMMISSIO CITY CLERK-AUDITOR Regular Regular Meeting 7 May 8, 1984 m�- AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 8,1984 8:00 P.M. Invocation by Richard Marant Pledge of Allegiance Roll Call PPesentation by St. Johnson to: Mayor Byrd for the Sponsorship of BSA Troop 800 1 . CONSENT AGENDA inuteFl�s T-.T April 24, 1984 Regular Meeting Or.dinahces 1 .1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-33(b) AND SECTION 27-38(1 ) , (2) AND (3) OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES" TO PROVIDE INCREASES IN THE RATES AND CHARGES FOR TURN=DNS, RESIDENTIAL USERS, COMM- ERCIAL, BUSINESS AND INDUSTRIAL USERS, AND RATES FOR WATER CON- SUMED IN EXCESS OF STATED MINIMUM; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27 ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1 , 1984." 1 .2 "AN ORDINANCE OF THE CITY. OF DANIA, FLORIDA, AMENDING SECTION 27-108(a) OF ARTICLE III OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR SERVICE" TO PROVIDE INCREASES IN THE RATES AND CHARGES FOR RESIDENTIAL DWELLING UNITS; AND PROVIDING THAT O EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; 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 OF APRIL 1 , 1984. 1 .3 "AN ORDINANCE OF THE CITY OF DANIA, FORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1983-84 BY CHANGING THE WATER r� FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES \/ FOR THE FISCAL YEAR 1983-84 TO INCREASE SAID WATER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDI- TURES FROM THE TOTAL OF $678,000 TO $692,000: AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PRO- VIDING FOR AN EFFECTIVE DATE. / CONSENT AGENDA CON'T. Ordinances: 1 .4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ITS BUDGET FOR THE FISCAL YEAR 1983-84 BY CHANGING THE SEWER FUND BUDGET REVENUES AND APPRO- PRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1983-84 TO. INCREASE SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $6B3,831• TO $791 ,248; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1983-84 BY CHANGING THE FISHING PIER BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1983-84 TO DECREASE O�D SAID FISHING PIER BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EX=PENDITURES FROM THE TOTAL OF $391 ,424 TO $386,000; AND PROVIDING THAT' ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE'HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." _ 1 .6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DANIA BE AMENDED BY REVISING SECTION 27-201 ENTITLED, "DEFINITIONS" AND SECTION 27-204 ENTITLED, "PAYMENT" AS PASSED /1 AND ADOPTED BY ORDINANCE NO. 7 ON APRIL 12,1983; AND PROVIDING THAT ALL . d ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESO- LUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Resolutions: 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1983-84 BY CHANGING THE GENERAL FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1983-84 TO INCREASE SAID GENERAL FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EX- PENDITURES FROM THE TOTAL OF $5,247,310 TO .$513940600; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AND ADOPTING THE FORM OF PROMISSORY NOTE TO BE USED IN THE INSTALLMENT PAYMENTS OF WATER AND/OR SEWER CONNECTION IMPACT FEES FOR RESIDENTIAL UNITS IN EXISTENCE AT THE TIME OF ENACTMENT OF THE IMPACT FEE ORDINANCE (ORDINANCE No. 7) OR IN AN UNINCORPORATED AREA WHICH HAS BEEN SUBSEQUENTLY ANNEXED TO THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." " -r PUBLIC HEARINGS Variances: 2,1 PZ-20-84 - Michael L. Thomas, 1601 Griffin Road 2.2 PZ-23-84 - Irving Fromberg, 1101 Griffin Road 0 • PUBLIC HEARINGS CON'T. Site Plan Approvals: 2.3 SP-06-84 - Nick D'Arpino, land lying approximately 160' E. of SE 2nd Ave., between Sheridan St, and S. E. 15th Street. 2.4 SP-07-84 - Jimenez and Associates, Southland Corporation. 2.5 SP-08-84 - D.W. Shuey and Assoc, for the Hertz Corporation. Special Exceptions: 2.6 PZ-19-84 - James D. Neal , 106 S.W. lst Ave. (continued from April 10, 1984 meeting). BIDS Award of Bids: 3.1 Recommendation on bid award for drainage on S.E. 6th Street & S. E. Park Street. 3.2 Recommendation on bid award for one (1 ) Digital RA 60-AA Rack-mountable 205 MB, removeable media disk drive. Request to advertise: 3.3 Request to advertise for Digital RA-81 Disk Drive, Fixed Drive without controller. DISCUSSION: 4.1 Commission to set date of Public Hearing on Amendment to the Resolution issuing Development order for the Airport. Staff recommends July 10,1984 due to the time frame involved. ADMINISTRATIVE REPORTS: 5.1 City Manager 5.2 City Attorney i COMMISSION COMMENTS: 6.1 Commissioner Adams 6.2 Commissioner Cook 6.3 Commissioner Donly 6.4 Vice-Mayor Bertino 6.5 Mayor Byrd 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 un- resolved, the citizen(s) or party will be asked to address the City Commission during the meeting. *Emergencies may be given to the Mayor, a City Commissioner 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 PRO- CEEDINGS, 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.