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HomeMy WebLinkAbout1995-03-15 Regular City Commission Meeting MinutesMIIIIIITES DAIiTIA CITT COMII'I$sION REIGTJIARMEBITNG MARCH L5, 7995 INVOCATION BY ROBERT F. ru.EU.PY, CITY MANAGER PIEDGE OF ALLEGIANCE ROI,L CAI,L Present: Vice Mayor: Commissioners: City Manager: City Attorney: Acting City Clerk Commissioner Bertino - yes Commissioner Jones - yes Bobbie Grace Iohn Bertino Bill Hyde Alben Jones Robert Flatley Frank Adler Marie Jabalee Absent: Mayor: Bob Mikes A motion was made by Commissioner Hyde, seconded by Commissioner Jones to excuse Mayor Mikes from this meeting. The motion passed on the following roll call vote: Commissioner Hyde - yes Vice Mayor Grace - yes PRESENTATrcNS oGeneral Employee of the Month Award; Mike Smith, Personnel Director, presented the "Employee of the Month" Award for March to Charlene Saltalamacchia. Mr. Smith, Acting City Clerk Jabalee and City Manager Flatley included their comments relating to Charlene's involvement with city boards, the 7REGIJI,AR MEETING MARCII 75, 7995 coordination of the recent elections, and responsibilities in the City Clerk Depanment that attributed to her receiving the award. Dania "Show & Tell" Program Mike Smith, Personnel Director, explained that the City is putting an emphasis on Customer Service as pan of a Total Quality Management Program. He mentioned that there will be a new "Show & Tell" Program that will highlight a particular department or division in the City by focusing on their operations in an effort to educate the public and provide a better understanding on where their tax dollars are spent. Mr. Smith stated that the program will begin in April with the Utilities Depanment. "Fire Administrative Repon Chief Grammer congratulated the successful candidates and commended them on the way their campaigns were conducted. Chief Grammer explained that the monthly report has been distributed to the Commission. Chief Grammer advised that Broward County is going forward with their plans to change the EMS system and that the seventeen cities will be meeting tomorrow on the issue. He explained that facts have been provided to the Commission on the joint meeting and that he would provide funher information as it becomes available. He felt that the County will most likely leave the cities alone who are doing an excellent job of providing EMS Service but thought that there was a chance of losing Minet funds. Chief Grammer presented the quarterly "Firefighter/Paramedic Award" to Pedro Hing for his excellent skills as a firefighter/paramedic and for his dedicated service in organzirg charity drives, softball fund raisers, and the toyslfood programs for the holidays. *BSO Deputy of the Month Award; R.U.O.K. Program Lt. Anton explained that the R.U.O.K. Program is a computer operated phone network program that contacts elderly persons who may be shut-in or live alone to ensure their safety. An Agreement was entered into with the South Broward Hospital District and has been coordinated with the Fire Depanment. Two CSA persons have been trained and BSO hopes to have the program on line by April 1. Lt. Anton mentioned that they are awaiting a Hold Harmless Agreement from the attorney that will be signed by each person under the program in the event of an emergency. Commissioner Jones felt that the R.U.O.K. Program will be good for the community and the City. Lt. Anton advised the Commission and public that the Business Crime Vatch Program is working real good and that the fax machine purchased by the City is already receiving 2REGUT.AR MDETING MARCH 75, 7995 business applications. Lt. Anton felt that the program is going to be a model program for the County and expressed appreciation for the City sponsoring the program. Deputy of the Month Lt. Anton explained that the Deputy of the Month Award will be presented to Sgt. Ralph Hernandez, Deputy Rafael Perez, Deputy Herb Granado, Deputy Gary Gaztambide, Deputy Terry Hanstein and Deputy Carlos Carrillo. Lt. Anton explained that deputies were dispatched to a silent alarm holdup on Saturday, February 1.1,7995, around 2:30 ^.m. at the 7 11 on East Dania Beach Boulevard. Sgt. Hernandez used his expertise to surveil the suspects and hold his position until the dispatcher called the store clerk who advised them that the suspects were going to rob the store. Sgt. Hernandez instructed the deputies to move in and take the suspects into custody without any incident. It was confirmed that the suspects admitted that they intended to rob the store and that two of them were armed with handguns. The award was presented to Sgt. Hernandez for his experience and supervision in handling an extremely delicate situation as well as to the six Deputies involved in the incident. Lt. Anton reponed that a follow-up meeting is scheduled with the Clergy of Dania on March 20, 1995, at 7:30 p.m. at City Hall and that efforts are being made to organize some neighborhood associations in the southwest, west o{ Dixie Highway and Phippen Road area as well as the northwest section. PULLED FROM THE CONSENT AGENDA Commissioner Hvde pulled item 1.10, Commissioner Benino pulled item 1.9 and Commissioner Jo'nes irulled item 1.3, 1.6 and 1.7 . I. COJVSE]VTAGEIIIDA Resolutions,1.4 "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING CHANGE ORDER TO CONTRACT WITH THE MURPHY CONSTRUCTION CO., DECREASING THE CONTRACT AMOUNT BY $2,760.62 AND EXTENDING THE CONTRACT TIME FOR FINAL COMPLETION OF THE PIER TO JULY 31, 1995; AND PROVIDING FOR AN EFFECTIVE DATE.' 1.5 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND PIER MANAGEMENT INC. RELATING TO BAIT AND TACKLE SHOP LOCATED ON THE DANIA FISHING PIER; 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.' 1.8 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SETTING FEES FOR THE TRANSPORT OF PATIENTS TO LOCAL HOSPITALS BY THE CITY OF DANIA FIRE/RESCUE DEPARTMENT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO 3REGITI,AR MDDTING MARCH 75,7995 THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR AN EFFECTIVE DATE.' Ordinances 1.I1 '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, BY AMENDING THE OCCUPATIONAL LICENSE FEES TO INCLUDE NEW CLASSIFICATIONS TO BE PAID BY PERSONS, FIRMS OR ASSOCIATIONS MAINTAINING A PERMANENT BUSINESS LOCATION OR BRANCH OFFICE WITHIN SAID MUNICIPALITY FOR THE PRIVILEGE OF ENGAGING IN OR MANAGING ANY BUSINESS, PROFESSION OR OCCUPATION WTHIN THE CITY OF DANIA, FLORIDA; 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.' 't.12 .AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT ,TRAILS END FLL AIRPORT PLAT (PLAT 5)" SAME BEING: A PARCEL OF LAND BEING A PORTION OF PASADENA IN HOLLYWOOD AS RECORDED IN PLAT BOOK 10, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL, AND A PORTION OF J.E. HASBROUCK'S REPLAT AS RECORDED IN PLAT BOOK 16, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF THE NW1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE ON A GRID BEARING OF SOUTH 01'53'43'EASTALONG THE EAST LINE OF THE SAID NW1/4 A DISTANCE OF 25.01 FEET TO A LINE 25 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID NW1/4, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89"42'16" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 999.94 FEET TO THE WEST LINE OF THE E1I2 OF THE NE.'II4 OF THE NW1/4 OF SAID SECTION 34; THENCE SOUTH 01'51"12' EAST ALONG THE SAID WEST LINE A DISTANCE OF 637.95 FEET TO THE SW CORNER OF THE N,Il2 OF THE NE1/4 OF THE SAID NW1/4; THENCE NORTH 89"26'39' EAST ALONG THE SOUTH LINE OF THE SAID N1/2 A DISTANCE OF 936.17 FEET TO A LINE 25 FEET WEST OF ANO PARALLEL WITH THE WEST RIGHT.OF.WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE NORTH 12'38'13' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 624.86 FEET; THENCE NORTH 38"48'14'WEST A DISTANCE OF 31.17 FEET TO A LINE 25 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NE1/4; THENCE SOUTH 89'42'16' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 74.01 FEET TO THE POINT OF BEGINNING; SAID LAND SITUATE WITHIN THE CITY OF DANIA, BROWARD COUNTY, FL, CONTAINING 14.84 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF'TRAILS END FLL AIRPORT PLAT (PLAT 5)"; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH 4REGUI,AR MEETING MARCH 75, 7995 BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (First Ordinance Reading) A motion was made by Commissioner Hyde, seconded by Commissioner Jones ro approve the Consent Agenda with the exception of 7.3, 1.6, 1.7,1.9 ^nd7.1,0. The motion passed on the following roll call vote' Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - yes ITEMS PULLED FROM THE CONSENT AGENDA M in utes 1.3 Regular meeting of February 75,1995 Commissioner Jones explained that he did not vote yes to items 7 .7 ud 7 .2 x stated in the February 75,7995, regular meeting minutes since it involved approval of the airpon related invoices. A motion was made by Commissioner Jones, seconded by Commissioner Benino to correfi the minutes of February 15, 1995, to show a no vote on the roll call for items 7. 1 and 7 .2 {or Commissioner Jones and Vice Mayor Grace. The motion passed on the following roll call vote: A motion was made by Commissioner Hyde, seconded by Commissioner Benino to approve the minutes as corrected. Commissioner Bertino - yes Commissioner Jones - yes Commissioner Benino - yes Commissioner Jones - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes 6 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE TWELFTH AIVIENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; 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.' 1 5REGTJI,AR MEETING MARCH 75, 7995 The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Jones - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Jones mentioned that Dania's percentage for the distribution of the Local Option Gas Tax has decreased from 1993 to 1994 and that the reason is related to the overall population in the western cities. Marie Jabalee, Finance Director, advised that the agreement does not clarify the amouit that f)ania will receive but estimated the amount from this agreement and the agreement listed in item 1.7 to be aooroximatelv S3O0.0OO. Marie exolained thit the regular funds will be use'd for road ripairs, street lighting, ilrainage and maintenance of swales and that the additional amount is used for Capital Improvements only. Citv Manaser Flatlev advised that Florida distributes the Local Ootion Gas Tax furr'dr br."Jo.r ooolilrtion and not on traffic imoact or needed roid reoairs. He mentioned thrtthl Coastal League of Cities will be proposing a Bill that will be pushing the California formula bn the distribution of funds. A motion was made by Commissioner Jones, seconded by Commissioner Benino to adopt the Resolution approvinq the Twelfth Amendment to rhe InterlocaI Agreement between Broward Cbunty and City of Dania providing for division and distribution of Local Option Gas Tax imposed by the Broward Conty Local Option Gas Tax Ordinance. The motion passed on the following roll call vote: 1,7 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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.' A motion was made by Commissioner Jones, seconded by Commissioner Hyde to adopt the Resolution approving the amendment to Interlocal Agreement between Broward County and City of Dania providing for division and distribution of the proceeds from the Broward County Local Option Gas Tax on Motor Fuel Ordinance. The motion passed on the following roll call vote: 6REGUI.AR ME,ETING MARCH 75,7995 Commissioner Benino - yes Commissioner Jones - yes 1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TRAFFIC CONCURRENCY AGREEMENT AMONG BROWARD COUNTY AND THE CIry OF DANIA AND ROSEBUD REAL PROPERTIES, INC. FOR ROAD CONCURRENCY RELATING TO THE NCL PLAT; 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." Commissioner Bertino clarified that this Traffic Concurrency Agreement will amend the restriction note on the NCL Plat from 198,320 Sq. Ft. of Industrial use to 625,000 Sq.Ft. of Industrial use on the 5a.42 acre site. He asked \(ill Al1en, Growth Management Director, to respond to whether this will restrict other businesses established on 84 and Griffin Road from developing their properties since the square footage calculation has been increased. 1Vill Allen, Growth Management Director, mentioned that the concurrency requirements are based on a first come first serve basis. The agreement indicates that the developer will pay the costs to deal with traffic trips by changing the timing on the traffic signals which are installed between the RR tracks. The City of Dania is agreeing to hold offon issuing any cenificate of occupancy on the property until those improvements are installed. Tom Hall, representing the traffic engineering firm of Tinter Associates Inc. in Fort Lauderdale, mentioned that the newest update from Broward County is that they xe 2 to 3 months away from approving the Urban Infill Area or land use change on concurrency. His client is proceeding under the current rules and regulations for concurrency and they have no plans to develop the propeny but do have a buyer who will develop in the future. Mr. Hall explained that an adjoining property owner would have to deal with the same over capacity link on Griffin Road which goes from I-95 to the DCOTA Center entrance and that it takes a year to go through the county process to get concurrency satisfied. Mr. Hall mentioned that his clients need the delegation request and Traffic Concurrency Agreement approved immediately. Mr. Allen felt confident that concurrency will be a thing in the past regarding Urban Infill Areas in the next three months and that the property needs to be 7 MARCH 75, 7995 Commissioner Bertino stressed concern that the City's action will be profitable for the seller and then the new owner may not develop the propeny and use up the concurrency trips so that another property owner cannot build. City Attorney Adler didn't feel that there was a problem as there aren't that many concurrency trips allocated to one area and that the City should want to encourage development. REGUI,ARMEETING marketable enough for a developer to address solutions that could be very expensive. He clarified that the City Commission will have to approve any sire plan for development and that a safe and adequate access will be an important issue but that the City cannot act until a proposed plan is submitted. Commissioner Jones expressed concern on proceeding with the agreement based on what the County may or may not do. Commissioner Jones made a motion to defer the request to the next meeting, Commissioner Hyde mentioned that the City went through this a year ago and the City has known about the access problem. The City has an opponunity to develop this propeny to build the City's tax base and encouraged the Commission to go forward with the approval. Mr. Allen advised that the proposed agreement does address the concurrency requirements under the current regulations and that the Urban Infill possibly being approved by the County will deal with future developments on other properties. He clarified that the access question is based on the kind of site plan that is submitted. The motion failed on the following roll call vote: Commissioner Benino - yes Commissioner Jones - yes Commissioner Bertino - no Commissioner Jones - no Commissioner Hyde - no Vice Mayor Grace - no Commissioner Hyde - yes Vice Mayor Grace - yes A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, after passing the gavel, to adopt the Resolution approving the Traffic Concurrency Agreement among Broward County and the City of Dania and Rosebud Real Properties, Inc. for road concurrency relating to the NCL Plat. The motion failed on the following roll call vote: Commissioner Bertino questioned the petitioner on whether they have a solution to the safety problems on access. Mr. Hall advised that a traffic study was supplied to the Commission ayear a1o and a report was filed in Mr. Allen's office. Mr. Hall advised that the report called for improvements and widening on Tigertail Road and Ravenswood Road to accommodate the increased development on the site and a traffic signal at the intersection. He reminded the Commission that there is no guarantee that a 625,000 sq. ft of a MARCH 75, 7995 The motion made by Commissioner Jones to defer was seconded by Commissioner Benino. Commissioner Jones mentioned that the City has been burned by developers in the past and that the City needs to have everything in place in order to take action. Mr. Hall advised that his client is on the April 4 County Commission Agenda and that the County requires a three week notice to be on their agenda. Mr. Allen reminded the Commission that they voted to send a letter stating no objection to the Delegation Request last year. A motion was made by Commissioner Jones to reconsider the previous vote, seconded by Commissioner Hyde. The motion passed on the following roll cail vote: Commissioner Bertino - yes Commissioner Jones - no Commissioner Bertino - no Commissioner Jones - no Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the Resolution approving the Traffic Concurrency Agreement with Broward County and Rosebud Real Properties, Inc. Commissioner Bertino asked if a time table could be included into the Agreement to require significant construction to begin at which case the City would be out of the agreement. City Attorney Adler wasn't sure if the County would approve the condition because they prepared the agreement.. Mr. Adler explained to Commissioner Benino that there are time limits that can be placed on the site plan and concurrency has nothing to do with development. Mr. Hall stated that the improvements have already been constructed on the road but that they cannot pay for the improvements until the County Commission approves the Agreement. The motion to approve the request failed on the following roil call vote: The Realtor for the property warned that if this bureaucratic situation is not approved then the sale will be gone and the statement being made to other potential buyers is that Dania will not cooperate. RE,GIJI,AR MDDTING I MARCH 75, 7995 development will be built or that a single family dwelling wili be built and that access is only a problem under certain scenarios. Mr. Hall advised that the buyer deal is structured with a cenain period of due diligence and then the buyer has no responsibility. If the developer does not satisfy this commitment, then the property does not sell and the property lies fallow until another developer is found which is why they are pressed for time. A motion was made by Commissioner Bertino to reconsider the item so as not to lose possible development ofthe property and stated his intention to fight the project if building does not begin within nine months to a year. The motion was seconded by Commissioner Hyde. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - no Commissioner Bertino - yes Commissioner Jones - no Commissioner Benino - yes Commissioner Jones - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt the Resolution approving item 1.9. The motion passed on the following roll call vote' ,I.10 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR THE DANIA CUT-OFF CANAL DREDGING PROJECT; 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." Commissioner Hyde stated that this Resolution should not have been placed on the Consent Agenda because the rules of the grant state that public input is required. Commissioner Hyde advised that the Resolution will authorize the City to apply for a dredging grant project and, if the grant is approved, it would be a few years before the dredging would begin. City Attorney Adler read the title of the Resolution and Vice Mayor Grace opened for public comment. Hearing no one speak in favor or opposition, Vice Mayor Grace closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the Resolution authorizing the City Manager to submit an Application under the Florida Inland Navigation District \Waterways Assistance Program for the Dania Cut-off Canal Dredging Project. The motion passed on the following roll call vote: REGUI"AR ME,BTING 70 MARCH 75,7995 2. PROCI,LMATIONS 2.1 "Margaret and Cato Roach Day" - March 10, 1995 Vice Mayor Grace advised the public that the proclamation for Margaret and Cato Roach was read by Commissioner George Miles on March 10, 7995, rt the Radisson Hotel in Lauderhill which recognized their many contributions to Broward County. 3. BIDS 3.7 Motion to Award bid for'i(ater and Sewer Service to Dania Beach Park. City Manager Flatley advised that 8 bids have been received for water and sewer lines to connect to the pier and future restaurant at the pier as follows: Marandola Construction McKay Contracting Intercounty Engineering Foster Marine Contractors Sullivan Brothers Molloy Brothers Coastal Utilities Giannetti Contracting Commissioner Bertino - yes Commissioner Jones - yes $197,185 $226,720 $238,280 $245,972.50 $258,320 $261,609 $305,585.50 $326,227 A motion was made by Commissioner Bertino, seconded by Commissioner Jones to award the bid to Marandola Construction for $197,185 for'Water and Sewer Service to Dania Beach Park. The motion passed on the following roll call vote: 4. PT'BI.TC TTEARINGS4.1 Owner/Petitioner - Peerless lnvestment Company; property located on the SE corner of NE 7 Avenue and Taylor Road Public Hearing - RZ-O1-95 - Rezoning request (WITHDRAWN) REiGUI.ARMEDTING 77 MARCH 75,7995 Commissioner Hyde - yes Vice Mayor Grace - yes Bud Palm, Utilities Director, advised that the engineers estimate on the project was $245,000 and the low bidder, Marandola Construction, came in at $197,185. Mr. Palm recommended to award the bid to Marandola Construction based on past work that they have done for the City. ,AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS TO-WT: THE SW 114 OF THE SE 1/4 OF THE SW 1/4, LESS THE WEST 30 FEET AND THE SOUTH 85 FEET THEREOF; TOGETHER WITH THE EAST 1/2 OF THE NW 1/4 OF THE SE 1l4 OF THE SW 1/4, ALL IN SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST; AND THE WEST 112 OF THE NW .1/4 OF THE SE 1/4 OF THE SW 1i4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ALL LESS THE WEST 30 FEET THEREOF; LESS AND EXCEPTING FROM THE AFORESAID LANDS THE FOLLOWING: THE NORTH 316 FEET OF THE SOUTH 600 FEET OF THE EAST 315.50 FEET OF THE WEST 345.50 FEET OF THE WEST 1i2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 701,783 SQUARE FEET OR 16.1119 ACRES MORE OR LESS, FROM PRESENT ZONING CLASSIFICATION OF IG (INDUSTRIAL GENERAL) TO IRO (INDUSTRIAL RESEARCH OFFICE) ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 1OO OF THE CIry OF DANIA, FLORIDA, AS AMENDED; 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." (Second ordinance Reading) (Staff) City Attorney Adler advised that the rezoning request by Peerless Investment Company was withdrawn. 5. SfTE PLAIIIS - none 6. CITIZENS' COitrMEllITs - 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 (2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. ln the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting. 6.1 John Bruckner - Mr. Bruckner understood that the Commissioners are not professionals but stressed his dissatisfaction with their performance. He stated that less than 29o/" of the people voted in this election and that this was not a good showing. He stated that it is costing the tax payers over $72,000 ^year to pay the Commissioners salaries which includes pension benefits and a pxyment for not using the City's health insurance. Mr. Bruckner disagreed with the health insurance payment based on the fact that the City is self-insured and finding out from other cities that they have never heard of such a benefit for Commissioners. REGITI,AR MEETING MARCH 75,799572 Mr. Bruckner stressed his dissatisfaction that the City has not pursued legal action to void the Seafair Lease for lack of performance by Aragon Group. He stated that the airport litigation is a waste of taxpayers money as the expansion will take place and residents who purchased homes in the area were aware that it existed nearby. Mr. Bruckner distributed an article written about a decision made in a court in Ocala, Florida relating to a Commissioner being defeated for re-election and then filing for unemployment compensation. The court denied the claim based on it being a part-time position as an elected official and not a job. 7. E;KPENDITTTRE REEUES"S 8. DISCUSSIO]IIAIIID POSSIBLE ACTTON 8.1 Acceptance of Certification of General Election results from the Broward County Canvassing Board. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to accept the Cenification of General Election results from the Broward County Canvassing Board. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Jones - yes Commissioner Hyde - yes Vice Mayor Grace - yes City Manager Flatley advised the public that there wili an Organizational Meeting on March 21, 1995, (7:30 p.m.) to swear in the new Commission. 8.2 Discussion regarding Dania Ocean Pier Opening Event Schedule. Mike Smith, Personnel Director, welcomed the public to attend the opening of the Dania Ocean Pier on March 1,8, 1995, (12'00 noon) in conjunction with the Dania Lion's Club One-Ton Tug. He advised that a ribbon cutting event is planned and remarks will be presented by che Commission and Murphy Construction. Further information was provided on concert dates planned for the Pier that are being sponsored by the Cultural Affairs Committee and Recreation Department. Commissioner Jones asked if the fee for the Pier was being reduced for Dania residents and Mr. Smith mentioned that Don Streeter, Pier Bait & Tackle Shop, will be presenting a recommendation to the Commission in the near future. 8.3 Discussion regarding renaming of N$7 Park Street to Hill Street. MARCH 75, 799573 City Manager Flatley advised that no residents live on the street and the one property on N\tr0 Park Street is a vacant lor. Charles K. McElyea, former Mayor of Dania, commented on his family's history in Dania and expressed appreciation for the honor. Mr. McElyea commended Bud Palm as being one of the best employees in Dania. City Attorney Adler advised that he would prepare a Resolution for the name change of N\V Park Street to Hill Street for the next regular meeting. 8.4 Broward Day in Tallahassee Commissioner Jones commented on the items being supponed by the Broward League of Cities for the Broward Day in Tallahassee and the need for the City to lobby for some of these issues at the event. City Manager Flatley agreed to bring some items back at the next meeting and Vice Mayor Grace {elt it would be good to provide another display at the Broward Days from Dania. 8.5 Conditions of netting at Frostie's Driving Range. Vice Mayor Grace opened up a public hearing for citizens from Meadowbrook to come before the Commission to discuss the problems with Frostie's Driving Range. Frank Pascal, Meadowbrook 170, 180, 190 SE 5 Avenue, menrioned rhar problems have existed for a long time with the golf balls hitting people, breaking windows and damaging cars. Mr. Pascal stated his concern for visitors getting hit, that the parking lot can't be used and the problem with selling units. He asked that the net be repaired to protect the residents and that enforcement be provided by the City. 74 MARCIT 75, 7995 City Attorney Adler advised that NW Park Street is located behind the Chamber of Commerce in front of the Broward Grain and along the Dania Post Office. Commissioner Hyde mentioned his comments on the Hill Family involvement in Dania and his recommendation to honor them by renaming the street. Rose Lizana, Dania Press, came forward to advise the Commission of an accident that occurred on 5th Avenue when a motorist's windshield was hit by golf balls and the lack of cooperation in making repairs. REGTJI,AR ME,ETING Lt. Anton, BSO, advised that reports have been filed and that it becomes a civil matter when windshields get broken. \[ill Allen, Growth Management Director, stated that Spence Johnson, Code Enforcement Officer, and himself have met with the Manager of the Golf Course and he is suppose to repair the net. Mr. Allen advised that there is no Code requirement to enforce the net repair and that the problem is not uncommon when homes are located near golf courses. Commissioner Bertino and Commissioner Jones stressed the need to insure the safety of residents from the golf balls. City Attorney Adler stated that the driving range was there before Meadowbrook was built and Broward County has thousands of homes that are located near golf courses and no municipality requires a net to be constructed. If there is any damage done to people, then they have the right to sue the business but it is not the function of the City to collect damages when people get injured with golf balls. Mr. Adler mentioned that the manager of the driving range has assured him that he will replace the net. City Manager Flatley commented on his experience in Hollywood to address the same kind of problem and that it is not an uncommon problem but that the net should be repaired and placed as high as possible. C.K. McElyea suggested to contact Ted Kay, who is the son-in-law to Mrs. Frost who owns the property, to work out the problem with the manager of the driving range. Clinton Hill expressed his aggravation with the Department of Transponation about their lack of providing signs on the roadways directing people to Dania. Vice Mayor Grace directed City Manager Flatley to write a letter to the Department of Transportation. 9. APPOIIYTMENTS -ttofle 70. ADMINISTRATII/E REPORIS City Manager 10.1 Organizational Meeting scheduled for March 21, 1995, at 7:30 p.m. 10.2 Reminder of 13th Annual Dania Lions Club One Ton Tug on Saturday, March 1 8, 1995. City Manager Flatley advised the public that the Dania 75 MARCH 75, 7995 Al DeFava, 170 SE 5 Avenue, Building N, explained that his building is impacted more severely than any other building with golf balls and that solutions can be worked out with the driving range. He stressed the need to take action before something very serious or tragic happens. Library move will be taking place the end of April and opening at the Graves Museum sometime in May. Mike Smith, Personnel Director, presented information on the bids that were received on the Modello Park Pool for the Commission to review for the next meering on March 28, 1995. City Attorney City Attorney Adler congratulated Commissioner Hyde and Commissioner Benino and Vice Mayor Grace for running the meeting for Mayor Mikes. rr. coMllflssroN co.lt{MENIS 'l'l.l Commissioner Bertino Commissioner Benino mentioned the need to address the street lightinB problem in the Griffin Road area. City Manager Flatley advised that the residents can fill out a petition to obtain the majority of people on each street to have street lighrs installed. Commissioner Bertino expressed appreciation to everyone who assisted him in being re-elected. 11.2 Commissioner Hyde Commissioner Flyde thanked those individuals who worked in the election and reported that there were 2,587 voters. He mentioned that he will be looking forward to the Organizational Meeting on March 27, 7995. { 1.3 Commissioner Jones Commissioner Jones mentioned that St. Ruth Baptist Church will be holding its annual Women's Day Program on March 19,1995, (11,00 a.m.) and congratulated the new Commissioners. He asked the City Manager to look into replacing the light on SE 3 Street between 3rd Avenue/Second and complaints about speeding buses in the City. 1L4 Vice-Mayor Grace Vice Mayor Grace commented on the good things that have happened for her this year and wished the new Commission well. She encouraged attendance at the One Ton Tug and opening of the Pier. Vice Mayor Grace thanked those people who supported her at the NAACP Banquet where she received the "Beyond the Call of Duty" award and the'Women's Hall of Fame on Friday. R.EGUI.AR MEETING 16 MARCH 75,7995 Vice Mayor Grace commended Bud Palm, Utilities Director, on his efforts to repair a truck in the Public !7orks Department and that the City is lucky to have so many good employees. 11.5 Mayor Mikes - absent This meeting uto.s o.djourn.ed. CITY 77 IWARCH 75, 7995