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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 8, 1987
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INVOCATION - WANDA MULLIKIN
i PLEDGE OF ALLEGIANCE
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ROLL CALL;
j Present -
j Mayor: Chester Byrd
Vice Mayor: Jean Cook
Commissioners : John Bertino
Howard Hirsch
Charles McElyea
City Attorney: Frank Adler
City Manager: Eugene Jewell
City Clerk: Wanda Mullikin
Police Chief : Gilbert Thivener
Building Official : Paul Maxwell
PRESENTATIONS - Final airport report by Attorney Earl Gallop
Mr. Gallop presented the experts ' report, concluding that:
1 ) the airport capacity problem is not as immediate as the
studies indicate if the best and most efficient use is made
of the existing facilities; 2 ) if runway 9-Right is developed
to transport category standards and there is mixed use on
both parallel runways by air carriers, commuters and general
aviation, there will be a shortfall in total airport capacity
around the year 2000; and 3 ) adequate long-term capacity can
be achieved by restricting the use of 9-L, the longer runway,
during peak hours to air carrier, regional jets and general
aviation jets which cannot be accommodated on 9-Right. In
summary, there is no present need or justification to extend
the southern runway and an increase in airfield capacity can
be accomplished by air traffic control procedures in
conjunction with other recommended improvements to the
airport.
Mr. Gallop said he would define the airport 's scheduled
review process checkpoints and report back to the City
Commission in 10-14 days.
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1. CONSENT AGENDA
1 Minutes f
t1 . 1 August 25, 1987, Regular Meeting
Bills
1. 2 For the month of July, 1987.
Resolutions
1 . 3 The title of a resolution supporting the themeline for Broward
County was read by City Attorney Adler.
1. 4 The title of a resolution authorizing the City Manager to l
complete the arrangements with Caribank for a loan in the amount
! of $75, 000 to finance the purchase of a 2. 72 acre parcel of
property lying west of SW 12 Ave. , Dania, Florida, and
authorizing the appropriate city officials to execute all
documents necessary to close said loan transaction was read by
City Attorney Adler. �}
Regular Commission Meeting 1 September 8, 1987 I
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Ordinances (first reading)
1 . 5 The title of an ordinance amending Section
of Chapterg on 13-69 of 13 of the 1980 Code of Ordinances to provide lfor an
increase in the monthly charge for garbage and trash pickups for
residential units from $6. 40 to $9. 00 and for small business
units from $9. 60 to $12. 50 effective as of the October, 1987
billing date was read for first reading by City Attorney Adler.
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1 . 6 The title of an ordinance amending Section 33-40 of the Code of
Ordinances entitled "Boat Slips and Docks; Construction on
Waterway of Residence", by amending sub-section (1 ) thereof to
s amend the provisions for the construction of boat slips, docks
and other facilities on the waterways of residences was read for
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first reading by City Attorney Adler.
1 . 7 The title of an ordinance adopting the annual Sewer Fund budget
and making appropriations for the fiscal year beginning October
1, 1987, and ending September 30, 1988, for the maintenance and
carrying on of the Sewer Department of the City of Dania was
read for first reading by City Attorney Adler.
1 .8 The title of an ordinance adopting the annual Water Fund budget
and making appropriations for the fiscal year beginning October
1, 1987, and ending September 30, 1988, for the maintenance and
carrying on of the Water Department of the City of Dania was
read for first reading by City Attorney Adler.
A motion was made by Commissioner Bertino, seconded by Vice Mayor
Cook to approve the consent agenda with the exception of item 1 . 9.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes
Commissioner McElyea-yes Mayor Byrd-yes
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1 . 9 (Pulled from Consent Agenda by Commissioner McElyea)
R2-19-87 - Rezoning request - Petitioner/Owner: John Bartley;
property located at SW 1 St. and 8 Ave.
The title of an ordinance rezoning Block 2, less the north
253. 611 thereof (as measured at right angles) , of "Henry Park" ,
together with the east 1/2 of the vacated road (SW 11 Ave. )
adjacent thereto from zoning classification of RM to RM-1 zoning
classification was read for first reading by City Attorney
Adler.
Building Official Maxwell explained that the County and City
land use category requires that all zoning be done on gross
acreage, including streets and the City of Dania zoning
ordinance goes by net square footage. He said the City
Commission approved the land use designating approval of 13
units per acre. However, the RM zoning would allow only 12.
He recommended that the zoning be increased to RM-1 and then
capped to comply with the land use.
During discussion, Building Official Maxwell said he would
prepare a chart to show the differentials between the land use
and the zoning for the next Commission meeting.
A motion was made by Commissioner Bertino, seconded by
I Commmissioner Hirsch to approve the rezoning ordinance on first
reading. The motion passed on the following roll call vote:
Commissioner Bertino-yes
Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor Byrd-no
Commissioner McElyea-no
2. PROCLAMATIONS - none
3. BIDS - none
Regular Commission Meeting 2
September 8, 1987 �� �
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4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Building & Zoning
4 . 1 Petitioner: Jeffrey Siniawski , Assistant General Counsel ,
Project 80 's; owner: Broward County
PUBLIC HEARING
VC-28-87 - Adoption of Resolution vacating portions of roads
within the jurisdiction of the International Airport. (Continued
from 8/25/87 )
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A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to continue this item until the next regular meeting of
September 22, 1987. The motion passed unanimously.
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Administrative (second and final reading of ordinance)
4. 2 The title of an ordinance amending Chapter 23 of the Code of
Ordinances entitled "Taxation" ; specifically levying a seven
(7%) percent Public Service Tax on the purchase of telecommuni-
cations service was read for second and final reading by City
Attorney Adler.
Paula Guerrein of Southern Bell explained that currently the
city levys a 10% tax on local service which Southern Bell
provides, and the new 78 tax is an option that was passed by the
legislature to give cities another revenue option. It expands
the tax base to include not only local service but long distance
within the State of Florida as well. She further explained the
State Statute provisions that if the tax base is expanded, the
tax is reduced and limited to 7%, takes effect 120 days from the
date of ordinance adoption, and the city can repeal the
ordinance after a year if desired.
Mayor Byrd opened the public hearing. Hearing Vincent Carroll
speak in opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor
Cook to adopt the ordinance on second and final reading. The
motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
:s.nJ Commissioner Hirsch-yes Mayor Byrd-yes
Commissioner McElyea-yes
5. SITE PLAN REQUESTS - none
6. EXPENDITURE REQUESTS
6. 1 Request by Public Works Director to purchase one 1987 Chevy
pickup truck at the State bid price.
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Commissioner McElyea ' s report, after checking into alternative
purchasing options, was favorable to the purchase of the crew cab
pickup truck as originally requested by the Public Works
j Director. City Manager Jewell also recommended approval.
A motion was made by Commissioner McElyea, seconded by
Commissioner Bertino to authorize the purchase of one 1987 Chevy
crew cab pickup truck for the Public Works Department at the
State bid price. The motion passed on the following roll call
vote:
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1 Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor Byrd-yes
Commissioner McElyea-yes j
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Regular Commission Meeting 3 September 8, 1987
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6. 2 Request by Dania Economic Development Corporation for funding in
the amount of $15,000.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to continue this item until the next Regular Commission
meeting of September 22, 1987. The motion passed unanimously.
7. SPECIAL REQUESTS - none
8. APPOINTMENTS
8. 1 Appointment of representative to Local Option Sales Tax
coordinating committee.
j A motion was made by Commissioner Bertino, seconded by Vice
Mayor Cook to appoint Commissioner Hirsch as the City of Dania's
representative to the Local Option Sales Tax Coordinating
Committee. The motion passed unanimously.
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9. DISCUSSION - none
10. CITIZENS ' COMMENTS
No verbal or written requests for Citizens ' Comments for this night's
meeting were received.
11. ADMINISTRATIVE REPORTS
11 . 1 City Manager Jewell reported the status of negotiations with the
General Employees Association's negotiating committee and said
he is ready to make his recommendations to the Commission.
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11 . 2 City Attorney Adler - no comment.
12. COMMISSION COMMENT
12. 1 Commissioner Bertino commented that the fireworks show was very
nice.
12. 2 Commissioner Hirsch asked the City Manager to agenda the
ordinance on downtown development for the next meeting.
12. 3 Commissioner McElyea commented on hazards of the old building at
NW 14 Avenue and 1st Street. City Manager Jewell responded that
it has been before the Code Enforcement Board and a fine is
presently running on the property.
Commissioner McElyea asked about the status of the property
along 14th Way and the C-10 Canal that was donated to the City V
by Israel and suggested the city clean up that property.
12.4 Vice Mayor Cook asked City Manager Jewell for a list of the
property that has been voluntarily annexed into the City of
Dania west of Ravenswood Road. She also expressed the desire to
pursue annexation to the west.
Commissioner Bertino agreed that the City should proceed with
annexation plans, especially in light of the recent newspaper
article that gave the false impression that Dania was not
interested in annexation. Commissioner Bertino stated that the
Commission has gone on record encouraging annexation to the
west, has formed an Annexation Committee and has a formulated
policy.
Vice Mayor Cook commented on a lot of street lights still out.
12. 5 Mayor Byrd expressed his desire to see if the consideration of
districting was included in the annexation plan.
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Regular Commission Meeting 4 September 8, 1987
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City Manager Jewell commented that two of the Commissioners are
new to the Commission since action was last taken regarding
annexation or districting, and suggested a meeting to refresh
and regroup.
Mayor Byrd commended the Kiwanis Club for their insistence on
designating a Dania hotel for their installation banquet.
Mayor Byrd then encouraged citizen input at tomorrow night 's ;
j budget public hearing.
This Regular Commission Meeting was then adjourned.
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MAYOR—COMMISSIOME
CITY CLERK—AUDITOR
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Regular Commission Meeting 5 September 8, 1987
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 8, 1987
8 : 00 P.M.
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INVOCATION
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PLEDGE OF ALLEGIANCE
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ROLL CALL
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PRESENTATION - Final airport report by AttoKney Earl Gallop
1. CONSENT AGENDA
Minutes
1 . 1 August 25 , 1987, Regular Meeting
Bills
1 . 2 For month of July
Resolutions
1 . 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SUPPORTING THE
THEMELINE FOR BROWARD COUNTY AND PROVIDING FOR AN EFFECTIVE
DATE. "
+t 1 . 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO COMPLETE THE ARRANGEMENTS WITH CARIBANK FOR A
LOAN IN THE AMOUNT OF $75,000 AT THE INTEREST RATE OF 8 1/2%
PER ANNUM AND PAYABLE (FIRST PAYMENT DUE ON OCTOBER 15, 1988 )
IN INSTALLMENTS OF $10 ,000 PER YEAR FOR THE FIRST THREE
YEARS , PAYMENT TERMS TO BE RENEGOTIATED AFTER THE THIRD YEAR,
TO FINANCE THE PURCHASE OF A 2. 72 ACRE PARCEL OF PROPERTY
LYING WEST OF SW 12 AVENUE, DANIA, FLORIDA; AND AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS
NECESSARY TO CLOSE SAID LOAN TRANSACTION; 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. "
Ordinances (First Reading )
1 . 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
13-69 OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF
ORDINANCES OF THE CITY OF DANIA TO PROVIDE FOR AN INCREASE IN
THE MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR
RESIDENTIAL UNITS FROM $6.40 TO $9 .00 AND FOR SMALL BUSINESS
UNITS FROM $9.60 TO $12.50; 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 THAT THE EFFECTIVE DATE OF THIS
ORDINANCE SHALL BE AS OF THE OCTOBER, 1987 BILLING DATE. "
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CONSENT AGENDA (continued) I
Ordinances (First Reading) (continued)
1 . 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
33-40 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA, ENTITLED "BOAT SLIPS AND DOCKS; CONSTRUCTION ON
WATERWAY OF RESIDENCE" , BY AMENDING SUB-SECTION ( 1 ) THEREOF
TO AMEND THE PROVISIONS FOR THE CONSTRUCTION OF BOAT SLIPS,
DOCKS AND OTHER FACILITIES ON THE WATERWAYS OF RESIDENCES;
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND 1`
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE. "
1 .7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE
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ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1 , 1987 , AND ENDING SEPTEMBER
30 , 1988 , FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER
DEPARTMENT OF THE CITY OF DANIA, FLORIDA; 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. "
1 .8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE
ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1 , 1987 , AND ENDING SEPTEMBER
30 , 1988 , FOR THE MAINTENANCE AND CARRYING ON OF THE WATER
DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT
-•-4 ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
FARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
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DATE. "
1.9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
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FOLLOWING DESCRIBED LANDS, TO-WIT: BLOCK 2, LESS THF °HENRY
253. 61 FEET THEREOF (AS MEASURED AT RIGHT ANGLES) , O
PARK" , AS RECORDED IN PLAT BOOK 24 , PAGE 27 , OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH THE EAST
ONE-HALF OF THE VACATED ROAD (SW 11 AVENUE) ADJACENT THERETO.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RM TO
RM-1 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE
NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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. "
RZ-19-87 - Petitioner/Owner - John Bartley; property located
at SW 1 Street and 8 Avenue
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2. PROCLAMATIONS - none
3 . BIDS - none
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Building 6 Zoning
4. 1 Petitioner - Jeffrey Siniawsky, Assistant General Counsel ,
Project 80 ' s; Owner - Broward County
Public Hearing - VC-28-87 - Adoption of resolution vacating
portions of roads within the jurisdiction of the
International Airport . (continued from 8/25/87)
Administrative ( second and final reading of ordinance)
4. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER
23 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA,
ENTITLED "TAXATION" ; SPECIFICALLY LEVYING A SEVEN (78)
PERCENT PUBLIC SERVICE TAX ON THE PURCHASE OF TELECOM-
MUNICATIONS SERVICE; PROVIDING FOR CONFLICTS; PROVIDING FOR
j SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "
5 . SITE PLAN REQUESTS - none
6 . EXPENDITURE REQUESTS
6. 1 Request by Public Works ' Director to purchase one 1987 Chevy
pickup truck at the State bid price.
6. 2 Request by Dania Economic Development Corporation for funding
in the amount of $15,000.
7 . SPECIAL REQUESTS - none
8. APPOINTMENTS
8. 1 Appointment of representative to Local Option Sales Tax
coordinating committee.
9. DISCUSSION - none
10 . CITIZENS ' COMMENTS - Comments by Dania citizens or interested
parties that are not a 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) 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, the citizen(s ) or
party will be asked to address the City Commission during the
meeting .
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11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager
11 . 2 City Attorney
12. COMMISSION COMMENTS
12. 1 Commissioner Bertino
12. 2 Commissioner Hirsch
12. 3 Commissioner Mc Elyea
12. 4 Vice Mayor Cook
12. 5 Mayor Byrd
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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
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