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HomeMy WebLinkAboutNULL (287) MINUTES DANIA CITY COMMISSION REGULAR MEETING MARCH 15, 1989 INVOCATION - Vice Mayor Jean Cook PLEDGE OF ALLEGIANCE ROLL CALL: j Present - Mayor:Y Charles McElyea Vice Mayor: Jean Cook Commissioners: John Bertino Howard Hirsch Anthony Stevens City Attorney: Frank Adler City Manager. : Robert Flatley i City Clerk : Wanda Mullikin PRESENTATIONS i ' Kurt Volker presented information on the April 1st March of j Dimes Walk America Walkathon and announced plans for the City of Dania 's team involvement. a ) Acceptance/Confirmation of Election Results It City Clerk Mullikin read the certification from the Broward t County Canvassing Board of the City of Dania General Election, March 14, 1989, results: total ballots cast - 6,514 ; Jack Bradley - 891 votes; Bobbie H. Grace - 1646 votes; Howard Hirsch - 944 votes ; C.K. "Mac" McElyea - 1421 votes ; Bob Mikes t 1031 votes; and Anthony Stevens - 581 votes. A motion was made by Commissioner. Hirsch, seconded by Commissioner Stevens to accept the certification of election results . The motion passed unanimously. b) Presentation of 1988-89 Audit Report by Touche Ross & Co. Bob Owen, Audit Manager with Touche Ross & Co. , presented the 1988-89 Comprehensive Annual Financial Report and commented ((( that, unlike the previous year, the current opinion is an unqualified opinion which presumes that the City will continue as a going concern. A motion was made by Commissioner Stevens, seconded by Commissioner. Hirsch to accept the 1988-89 Audit Report. The j motion passed unanimously. 1. CONSENT AGENDA minutes j 1. 1 October 17, 1988, special meeting 1. 2 February 28, 1989, regular meeting Resolutions 1.3 The title of a Resolution requesting that the Legislature of the State of Florida pass laws providing sources of funding for the recent amendments to Chapter 121, Florida Statutes, and for the implementation of Chapter 163, Florida Statutes, and to pursue an amendment to the Constitution of the State of Florida that will require that any future legislation mandating action by a unit of local government, when such action places a financial i burden on the unit of local government, will provide a source of funding sufficient to cover the costs of such action without the requirement for a referendum by the unit of local government was read by City Attorney Adler. . j i j Regular Commission Meeting 1 March 15, 1989 77] i 7- Ordinances (first reading ) 1.4 The title of an Ordinance approving the Plat of "Ben Franklin Sub. ", same being portions of Lots 13 & 14, Block 3, "Reed Land Company Subdivision" , of 28-50S-42E, P.B. 2, pg. 32, Dade County ( 2. 031 acres) was read for first reading by City Attorney Adler. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the consent agenda. The motion passed on the following roll call vote: Commissioner. Bertino-yes Vice Mayor. Cook-yes Commissioner Hirsch-yes Mayor. McElyea-yes Commissioner. Stevens-yes 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Ordinances (second & final reading) 4 . 1 The title of an Ordinance amending Section 15-12 of Chapter 15 of the Code of Ordinances to increase the occupational license fee for itinerant auction shops or auction stores from $375 per week to $500 per day was read for second and final reading by City Attorney Adler. . Mayor McElyea opened the public hearing. Hearing Bruce Kodner speak in favor and Kurt Ely comment on the need to address other types of auctions besides those held in hotels , such as home r . estate disposals or auctions of city property, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch to adopt the ordinance on second and final reading. The motion died for lack of a second. A motion was then made by Commissioner Stevens , seconded by Commissioner Bertino to table the ordinance. The motion to table passed unanimously. 4 .2 The title of an Ordinance amending Section 26-33, Article III, of Chapter 26 of the Code of Ordinances entitled "Site Plan Review" was read for second and final reading by City Attorney Adler. City Attorney Adler explained that this ordinance extends the requirement for site plan review to include any additions to existing buildings of 500 square feet or more. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Stevens, seconded by Commissioner Bertino 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 Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 5. SITE PLAN REQUESTS - none I 6. EXPENDITURE REQUESTS - none f 7. SPECIAL REQUESTS - none (; 8. APPOINTMENTS - none 9. DISCUSSION - none j Regular Commission Meeting 2 March 15, 1989 I 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- Flatley announced that the organizational meeting for induction of new commissioners and election of Mayor and Vice Mayor will be held on Tuesday, March 21, 1989, at 8: 00 p.m. i 11. 2 City Attorney Adler - no comment. 12. COMMISSION COMMENT 1 i 12. 1 Commissioner Bertino - no comment. 12. 2 Commissioner. Hirsch expre.;sed thanks to the citizens of Dania for allowing him to serve as Commissioner for the past eight years and, congratulating the new Commissioners, wished the City j all the best. I 12. 3 Commissioner. Stevens congratulated the new Commissioners and wished them good luck . I � 12.4 Vice Mayor Cook - no comment. 12. 5 Mayor McElyea thanked the voters for their show of confidence in " y him and introduced the two newly elected Commissioners, Bobbie k Grace and Bob Mikes . n M^ This Regular- Commission Meeting was then adjourned. 8 r 'MAYO i i R-C MI NE ` ITY CLERK-AUDITOR i f i 3 i i i f 1 Regular Commission Meeting 3 March 15, 1989 { i r, CITY OF DANIA GENERAL ELECTION MARCH 14, 1989 + k I WE HEREBY CERTIFY THE RESULTS OF THE GENERAL ELECTION FOR THE CITY OF DANIA, MARCH 14, 1989: I CITY COMMISSION (vote for no more than three) TOTAL BALLOTS CAST 6 514 VOTES I j JACK BRADLEY 891 VOTES i { BOBBIE H. GRACE 1,646 VOTES l HOWARD HIRSCH 944 VOTES C.K. "MAC' McELYEA 1,421 VOTES BOB MIKES 1,031 VOTES ANTHONYSTEVENS_ 581 VOTES m•a BROWARD COUNTY CANVASSING BOARD i A LLzo COUNTYJUDGE S PERVISO F ELECTIONS i COUNTY COMMISSIONER I I AGENDA DANIA CITY COMMISSION REGULAR MEETING MARCH 15, 1989 8:00 P.M. INVOCATION i PLEDGE OF ALLEGIANCE S ) ROLL CALL E PRESENTATIONS a) Acceptance/Confirmation of Election Results b) Presentation of 1988-89 Audit Report by Touche Ross & Co. 1 . CONSENT AGENDA Minutes 1 . 1 October 17, 1988, special meeting 1. 2 February 28, 1989, regular meeting i Resolutions 1 . 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUESTING THAT THE LEGISLATURE OF THE STATE OF FLORIDA PASS LAWS PROVIDING SOURCES OF FUNDING FOR THE RECENT AMENDMENTS TO CHAPTER 121, FLORIDA STATUTES, AND FOR THE IMPLEMENTATION OF CHAPTER 163, FLORIDA f STATUTES, AND TO PURSUE AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA THAT WILL REQUIRE THAT ANY FUTURE LEGISLATION - t MANDATING ACTION BY A UNIT OF LOCAL GOVERNMENT, WHEN SUCH ACTION PLACES A FINANCIAL BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL j PROVIDE A SOURCE OF FUNDING SUFFICIENT TO COVER THE COSTS OF SUCH ! '� ACTION WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE UNIT OF LOCAL GOVERNMENT; PROVIDING FOR COPIES; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE i REPEALED TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE.. " j Ordinances 1. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "BEN FRANKLIN SUB. " , SAME BEING: PORTIONS OF LOTS 13 & 14, BLOCK 3, "REED LAND COMPANY SUBDIVISION" , OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE NORTH 87"47 '39" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1016.85 FEET; THENCE NORTH 07°03 ' 19" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COAST LINE RAILROAD, A DISTANCE OF 67. 71 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 07003 ' 19" EAST AND ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 113. 92 FEET TO A POINT OF CURVE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 3487. 87 FEET, AND A CENTRAL ANGLE OF 07040106" , AN ARC DISTANCE OF 466 . 79 FEET; THENCE NORTH (continued on next page) 1 OF 3 I[1 t t 87047 ' 39" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 83 .39 FEET TO AN INTERSECTION WITH THE RIGHT- OF-WAY LINE SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT- OF-WAY MAP SECTION 86095-2405 FOR STATE ROAD 862 (I-595 ) ; THENCE SOUTH 14031 ' 35" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 154.41 FEET TO AN ANGLE POINT; THENCE SOUTH 08°46 ' 14" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 396 . 25 FEET TO AN ANGLE POINT; THENCE SOUTH 10°32 '30" WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 A DISTANCE OF 12 . 15 FEET; THENCE SOUTH 49017 ' 10" WEST ALONG THE CHORD OF A 35 FOOT RADIUS CURVE, THE ARC OF WHICH FALLS TANGENT TO A LINE 60 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE AFORESAID SECTION 28 AND TANGENT TO SAID WESTERLY RIGHT-OF-WAY OF INTERSTATE 95, A DISTANCE OF 32.84 FEET TO AN INTERSECTION WITH THE NORTHLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD; THENCE SOUTH 87047139" WEST AND ALONG SAID NORTHLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD, A DISTANCE OF 195. 10 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 2. 031 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "BEN FRANKLIN SUB. "; 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,. " i 2 . PROCLAMATIONS - none I ' i 3 . BIDS - none I 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative ( final reading of ordinances) 4. 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 15-12 OF CHAPTER 15, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO INCREASE THE OCCUPATIONAL LICENSE FEE FOR ITINERANT AUCTION SHOPS OR AUCTION STORES FROM $375 PER WEEK TO $500 PER DAY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE,. " 4 . 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 26-33, ARTICLE III , OF CHAPTER 26, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "SITE PLAN REVIEW"; 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. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS - none 8. APPOINTMENTS - none 2OF 3 I J 77 9, DISCUSSION — none I10. 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 1 City Commission during the meeting. 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 Stevens 12 . 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea 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 TESTI— MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i I 3 OF 3 1