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HomeMy WebLinkAboutNULL (181) MINUTES DANIA CITY COMMISSION REGULAR MEETING JUNE 10 , 1986 INVOCATION i PLEDGE OF ALLEGIANCE ROLL CALL: i Present - Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief : Gilbert Thivener i Building Official: Paul Maxwell ;i 1 . CONSENT AGENDA i Minutes 1 . 1 May 27 , 1986 , Regular Meeting I Proclamations/Resolutions - none �r- Building & Zoning Ordinances ( First Reading) 1 .2 PL-35-86 - Plat Approval; Petitioner: M.E. Berry; Owner: Brian Pegram; property located at 5801 Bryan Rd. i i The title of an ordinance approving the plat of "Sand-Mar Plat" was read for first reading by City Attorney Adler. _ .4 1 . 3 PL-38-86 - Plat Approval ; Petitioner: Keith and Schnars, P .A. ; Owner: E. Clay Shaw; property located at the NE corner of Taylor and Griffin Roads . ( 10 .19+ acres) The title of an ordinance approving the plat of "D.D.K. Plat" was read for first reading by City Attorney Adler. Administrative Ordinances ( First Reading) - none { A motion was made by Commissioner Cook , seconded by Commissioner i McElyea to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Cook- yes Vice Mayor Byrd- yes Commissioner Hirsch- yes Mayor Bertino- yes Commissioner McFlyea- yes f 2 . PRESENTATIONS i ADDENDUM ITEM: f 2 . 1 Request from Ms . Bobby Grace to make presentation on behalf of i Dania Activities Committee. Ms. Grace stepped forward to present a trophy to Vice Mayor Byrd f $ and Police Chief Thivener for their outstanding assistance with the Family and Friends Day celebration at Modello Park on May j I 24 , 1986 . At this time, Commissioner McElyea and Mayor Bertino announced i placques received from the Dania Lions' Club in appreciation of. 1 support in the Bud Lite One Ton Tug . Regular Commission Meeting 1 June 10 , 1986 I i i 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS BUILDING & ZONING - none 1 ADMINISTRATIVE ORDINANCES (Second & Final Reading ) - none ** (At this time, agenda item 7 . 3 was addressed . ) F 5 . OCCUPATIONAL LICENSES #. 5 . 1 Request by FTC Fireworks to sell novelty-type sparkler items at 1505 So . Fed . Hwy . and 345 No . Fed . Hwy . A representative of FTC Fireworks stepped forward to request Commission approval of an occupational license to sell fireworks at 2 locations, explaining that FTC Fireworks has been selling these items in Dania for the past seven years . In response to Mayor Bertino ' s question, she said they do sell from tents . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to deny the request by FTC Fireworks for an occupational license . The motion to deny passed on a 4-1 vote, Vice Mayor Byrd dissenting . 6 . EXPENDITURE REQUESTS i i 6 . 1 Approval of ad to be placed in the 60th Annual Convention issue i of the Florida Municipal Record . City Manager Jewell reported on the request from the Florida F League of Cities for the City of Dania to reserve space in the 1° League ' s Convention magazine, the Convention to be held in Orlando in September. He said the City usually reserves 1/2 page ad , the cost of which will be $195 . and requested Commission direction . i i A motion was made by Commissioner Cook , seconded by Commissioner McElyea to authorize the placement of the 1/2 page ad in the 60th Annual Convention issue of the Florida Municipal Record . The motion passed unanimously . 7 . SPECIAL REQUESTS 7 . 1 Request by M. E . Berry II , PLS, on behalf of the property owners on both sides of SW 11 Ave . to waive the platting requirements for the vacation of SW 11 Ave . A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to continue this item until the next regular meeting of June 24, 1986, due to the fact that the petitioner was not present . The motion passed unanimously . 7 .2 Approval of Agreement between City and Seaboard System Railroad, Inc . covering installation and maintenance of water main parallelism of the railroad ' s right-of-way and trackage . City Manager Jewell described the future plans of connecting Tigertaii industrial Park to the City " s water system which wiii require going West from I -95 to the Seaboard railroad tracks and then South along the tracks to connecting water lines . He described an Agreement between the City of Dania and Seaboard System Railroad , Inc . which would allow the City to place and maintain water lines in certain Seaboard Railroad easements . City Manager Jewell stated that the Agreement has been reviewed by City Attorney Adler and the insurance liability carriers and recommended approval . i i Regular Commission Meeting 2 June 10, 1986 I I IA motion was made by Commissioner Hirsch, seconded by I Commissioner McElyea to adopt a resolution approving and authorizing the execution by the Mayor and other City officials of the Agreement between the City of. Dania and Seaboard System Railroad, Inc. The motion passed unanimously. ADDENDUM ITEM: ** (Addressed before agenda item 5 . ) i 7 . 3 Request from Kathleen Molchan that City apnrove Tri-Party Agreement between H.G. Sloate , Broward County and the City of Dania. Kathleen Molchan, Attorney for H.G. Sloate , stepped forward to present the tri-party agreement between H.G. Sloate , Broward County and the City of. Dania regarding the issuance of building permits prior to final plat approval and requested Commission approval . City Manager Jewell recommended approval, reporting that the agreement has been reviewed by Building official Maxwell , City Attorney Adler and himself. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve and authorize execution of the tri-party agreement between H.G. Sloate , Broward County and the City of Dania. The motion passed 4-1 , Commissioner McElyea opposing. ADDENDUM ITEM: *** (Addressed after agenda item 8 . 2) 7 . 4 Discussion and possible action concerning request from Attorney Charles Whitelock. A motion was made by Commissioner Cook , seconded by Commissioner McElyea to refer the matter to City Attorney Adler for recommendation. The motion passed unanimously. { 8 . APPOINTMENTS 8 .1 Resolution appointing member to the General Employees' Pension Board. (John Lassiter' s term expires 6/23/86 . ) i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt a resolution reappointing John Lassiter to the General Employees' Pension Board. The motion passed unanimously. 8 .2 Resolution appointing member to the Unsafe Structures Board. (A citizen experienced in community social problems , to replace John Vollman. ) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt a resolution appointing Robert Zeller ( citizen experienced in community social problems) to the Unsafe Structures Board ( replacing John Vollman) . The motion passed unanimously. *** (At this time, addendum agenda item 7 . 4 was addressed. ) 9 . DISCUSSION 9 . 1 Discussion and possible approval of specs for pier/restaurant proposal. A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to approve the specifications contained in the proposed agreement form for the leasing of the restaurant and/or pier as presented at the June 3rd Special Meeting and to ) authorize the City Manager to advertise for receipt of bids. The motion passed unanimously. Regular Commission Meeting 3 June 10 , 1986 I' 10 . CITIZENS ' COMMENTS Mrs. Philpart of 216 SW 11 Ave. to speak regarding Dave' s Paint and Body Shop. Mrs. Katherine Philpart stepped forward to express her gratitude and commend Vice Mayor Byrd , Commissioner McElyea and City Manager Jewell and Staff for their actions in resolving the health hazard problem she had been experiencing . t 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager Jewell reported the need to set a time and procedure for interviewing the auditing firms that have submitted proposals to the City. A workshop was scheduled for auditing firm interviews to begin at 4 :00 p.m. on Monday, June 16 , 1986 . City Manager Jewell requested an executive session with the Commission for guidance regarding upcoming P.B.A. and I .A.F.F. contract negotiations, the contract terms expiring September 30 , 1986 . The Executive Session re P.B.A. and I .A. F.F. contracts was scheduled for Monday, June 23 , 1986 , at 7:00 p.m. 11 .2 City Attorney Adler - no comment. 12 . COMMISSION COMMENT 12 .1 Commissioner Cook relinquished her time to Gloria Daly. Ms . Daly commented on the AIDS virus nearing epidemic proportions , and requested that the Commission consider adopting an ordinance to require anyone working with food or drink to produce a health certificate before being permitted to work in the City of Dania, and to require that the health certificate be renewed every six months. The request was referred to City Attorney Adler for a written i opinion. i 12 .2 Commissioner Hirsch - no comment. 12 .3 Commissioner McElyea - no comment. 12 .4 Vice Mayor Byrd commented on a meeting regarding the Hilton hotel signage. 12 .5 Mayor Bertino commented on the status of negotiations with Hilton regarding having Dania named on the Airport Hilton hotel literature. Mayor Bertino announced that the Broward County bus system has agreed to reinstate busline #7 and service will start August 11 , j 1986 . Mayor Bertino congratulated City Clerk , Wanda Mullikin , on the birth of her daughter, Nanci ' s new baby boy. This Regular Commission Meeting was then adjourned/ � MAYO -COM ISSIONER I 1 CITY CLERK-AUDITOR 3 i� Regular Commission Meeting 4 June 10 , 1986 3 /F ' AGENDA DANIA CITY COMMISSION REGULAR MEETING JUNE 10 , 1986 8: 00 P.M. t INVOCATION i PLEDGE OF ALLEGIANCE ROLL CALL 1 . CONSENT AGENDA Minutes i 1 . 1 May 27, 1986 , Regular Meeting Proclamations/Resolutions - none Building & Zoning Ordinaces (F1Petirst Reioner9, M.E. Berry; Owner - Brian i. 1. 2 PL-35-86 - Plat Approval Pegram; property located at 5801 Bryan Road. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "SAND-MAR. PLAT" , SAME BEING: THE N 1/2 OF THE N 1/2 OF THE SW 1/4 ! OF THE SF, 1 '4 , LESS THE EAST 40 FEET THE THE S 1/2 OF THE N ,. 1/2 OF THE SW 1/4 OF THE SE 1/4 , LESS THE EAST 30 FEET THEREOF; THE EAST 100 FEET OF THE NORTH 147 FEET OF THE SOUTH 200 FEET (AS EAST ALONG THE EAST AND SOUTH LINES) OF THE W 1/2 OF THE SE MEASUREDE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 ; TOGETHER WITH THE E 1 2 T 1/4 OF THE SW 1/4 OF THE SE 1/4 , LESS THE EAST 30 FEET, LESS THE j SOUTH 53 FEET AND LESS THE EXTERNAL AREA OF THE CHORD OF A 30 FOOT y RADIUS CURVE TANGENT TO THE WEST LINE OF SAID EAST 30 FEET AND { TANGENT TO THE NORTH LINE OF SAID SOUTH 53 FEET, ALL IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETSANDIGHWAYS I AND ALLEYS , AS SHOWN ON SAID PLAT OF "SAND-MAR PLAT" ; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL :gFa RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH 8E REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I S ii I I11 it 1 OF 3 - yL IL - ,. . I 1. 3 PL-38-86 - Plat Approval - Petitioner - Keith and 5chnars, P.A. ; Owner - E. Clay Shaw; property located at the northeast corner of Taylor and Griffin Road. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "D. D. K. PLAT" , SAME BEING: THAT PORTION OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 27, THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 27 , A DISTANCE OF 683. 84 FEET TO THE SOUTHEAST CORNER OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27; THENCE NORTH O1 DEGREES 57 j MINUTES 30 SECONDS WEST, ALONG THE EAST LINE OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27, A DISTANCE OF 25. 02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 45 MINUTES 20 t SECONDS WEST, .ALONG A LINE 25 FEET NORTH OF (AS MEASURED AT RIGHT I ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SECTION 27, A DISTANCE, OF 603. 90 FEET; THENCE NORTH 02 DEGREES 52 MINUTES 13 SECONDS WEST, A DISTANCE OF 60. 06 FEET; THENCE NORTH 46 DEGREES 03 MINUTES 54 SECONDS WEST, A DISTANCE OF 55. 75 FEET TO A POINT ON A j LINE 40 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE WEST LINE OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27; THENCE NORTH 01 DEGREES 33 MINUTES 07 SECONDS WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 288. 26 FEET TO A POINT ON THE ARC OF A 100 FOOT RADIUS, TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A DELTA OF 51 DEGREES 29 MINUTES 22 SECONDS, AN ARC DISTANCE OF 89. 87 FEET TO A POINT OF TANGENCY, SAID POINT LYING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF TAYLOR ROAD AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP #36095-2408 ; THENCE NORTH 49 DEGREES 36 MINUTES 15 SECONDS EAST, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 465. 32 FEET TO AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE NORTH 53 DEGREES 36 MINUTES 12 SECONDS EAST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 291.86 FEET TO A POINT ON THE EAST LINE OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27; THENCE SOUTH O1 DEGREES 57 MINUTES 30 SECONDS EAST, ALONG SAID EAST LINE A DISTANCE OF 938 .93 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 10. 19 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS j AND ALLEYS, AS SHOWN ON SAID PLAT OF "D. D. K. PLAT" ; AND 1 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. " I 2. PRESENTATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building a Zoning - none Administrative Ordinances (Second 6 Final Reading) - none 2 OF 3 J 5. OCCUPATIONAL LICENSES 5. 1 Request by FTC Fireworks to sell novelty-type sparkler items at 1505 South Federal Highway and 345 North Federal Highway 6. EXPENDITURE REQUESTS - None 6. 1 Approval of ad to be placed in the 60th Annual convention issue of the Florida Municipal Record. 7. SPECIAL REQUESTS l 7. 1 Request by M.E. Berry II , PLS , on behalf of the property owners on 111 both sides of SW 11 Avenue to waive the platting requirements for } the vacation of SW 11 Avenue. 7. 2 Approval of agreement between City and Seaboard System Railroad, i Inc. covering installation and maintenance of water main parallelism of the railroad ' s right-of-way and trackage. 8. APPOINTMENTS 8. 1 Resolution appointing member to the General Employees' Pension Board. (John Lassiter. ' s term expires 6/23/86) 8. 2 Resolution appointing member to the Unsafe Structures Board. (A citizen experienced in community social problems, to replace John Vollmann) 9. DISCUSSION 9. 1 Discussion and possible approval of specs for pier/restaurant j proposal. 10. CITIZENS' COMMENTS - of Comments by Dania citizens or interested parties that are not a part the regular Agenda should be given in writing or communicated verbally prior to 4:00 p.m. the second ( 2nd) and fourth (4th) Monday 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, i 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 I Commissioner or the City Manager prior to the beginning of the meeting. I 11 . ADMINISTRATIVE REPORTS j 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS - 12. 1 Commissioner Cook i 12. 2 Commissioner Hirsch j 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Bertino ------ I ---------------------------------------------------------------------- , 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 I TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3 OF 3 I i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING JUNE 10, 1986 8:00 P.M. 4 2. PRESENTATIONS 2. 1 Request from Ms. Bobby Grace to make presentation on behalf of Dania Activities Committee. 7. SPECIAL REQUESTS 7. 3 Request from Kathleen Molchan that City approved Tri-Party Agreement between H.G. Sloate, Broward County and the City of Dania. 7. 4 Discussion and possible action concerning request from Attorney Charles Whitelock. �9 f i I i i i i i L� J V s , i CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING JUNE 10, 1986 8:00 P.M. Mrs. Philpart of 216 SW 11 Avenue to speak regarding Dave' s Paint and Body Shop. it i I I i , , I . I i j i i i I i �+ YQ.�u {Sitl T �s) 1 �{ lq y 6