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HomeMy WebLinkAbout1995-11-28 Regular City Commission Meeting MinutesINVOCATION Reoerend Lerilis PI,EDGE OF ET.I,EGIANCE ROWCAI,L: Present: ilIlvlrfEs DANIA CITY COMMISS,ION RDGIIIARMEEiilNG NOVEMBER 28, 7995 7:3O P.M. Mayor: Commissioners: City Manager: City Attorney: City Clerk: Absent: Bill Hyde Bobbie Grace Albert Jones Michael Smith Frank Adler Marie Jabalee John Bertino Bob Mikes A motion was made by Commissioner Grace, seconded by Commissioner Jones to excuse Commissioner Mikes and Vice Mayor Bertino from this meeting. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Mayor Hyde - yes PRESEIIITA?IONS "November General Employee of the Month City Manager, Michael Smith, explained that Nanci Denny has been a valued employee with the City of Dania for 20 years and that she recently received her Certification as 7REGIJI.AR ME.ETING NOVE,MBDR 2A, 7995 Vice Mayor: Commissioner: Purchasing Agent. Nanci Denny was then presented with the "Employee of Month" award for November 1995. Commissioner Grace included her comments relating to Nanci Denny's family history in the City and dedication over the years. Commissioner Grace reported her attendance at the recent Port Everglades celebration of the Sun Princess Cruise Ship and presented Mayor Hyde with a plaque of the ship for the City of Dania. Pulled from the Consent Agenda: Commissioner Jones requested items 1.2 and 1.3 be pulled and Mayor Hyde read the following Consent Agenda. 7. CO.NSEIIII AGEIIDA Minutes 1.1 Resolutions 1.4 .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, DECLARING THE SUNDAY BEFORE THE OFFICIAL NATIONAL HOLIDAY AS DR. MARTIN LUTHER KING, JR., "KEEP THE DREAM ALIVE COUNTYWIDE TRIBUTE DAY, JANUARY 14, 1996; AND PROVIDING FOR AN EFFECTIVE DATE. 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CIry MANAGER TO COMPLETE THE ARRANGEMENTS WITH FAMILY BANK FOR A LOAN IN THE AMOUNT OF SIX HUNDRED FIFTY-THREE THOUSAND, FIVE HUNDRED DOLLARS ($653,500.00) AT THE INTEREST RATE OF 4.90% PER ANNUM TO FINANCE A DEBT DUE BROWARD COUNTY FOR PROVIDING FIRE PROTECTION SERVICES TO A CERTAIN ANNEXED AREA OF THE CITY OF DANIA IN THE AMOUNT OF $547,046.80 PLUS ACCRUED INTEREST AND TO FINANCE THE PURCHASE OF A RESCUE VEHICLE lN THE AMOUNT OF $84,500.00; 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.' 1.6 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, EXTENDING THE PROPOSAL OF MADSEN/BARR CORPORATION TO SUPPLY LABOR, EQUIPMENT AND MATERIALS TO INSTALL 8.INCH, 1O- Regular Meeting of October 10, 1995 2P.EGUI,ARME,ETING NOVE,MBER 28, 7995 INCH AND 12-INCH U-LINERS IN MANHOLE SECTIONS OF THE CITY'S SANITARY SEWER SYSTEM AND APPROVING AN ADDITIONAL EXPENDITURE OF AN AMOUNT NOT TO EXCEED $100,000.00; AND PROVIDING FOR AN EFFECTIVE DATE." (note: MADSEN/BARR CORPORATION IS NOW MADSEN/BARR. ALLWASTE,INC.) A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING UTILITY RELOCATION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION STATE ROAD PROJECT NO. 86070-6487, ROAD NO. 9(l-95) & 848 (STIRLING ROAD); AND PROVIDING FOR AN EFFECTIVE DATE.' R2.18-95 - PULTE HOME CORPORATION TO REZONE 24.1655 ACRES LOCATED SOUTH OF GRIFFIN ROAD AND WEST OF SW 31 AVENUE FROM B-3, GENERAL BUSINESS DISTRICT, TO RM.1O RESIDENTIAL MULTIPLE-FAMILY DWELLING ZONING DISTRICT. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT: APPROXIMATELY 24.1655 ACRES MORE OR LESS LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 3'I AVENUE CONTAINING THE FOLLOWING DESCRIBED LANDS: ALL OF PARCEL A, "BANYAN OAKRIDGE COMMERCIAL PLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 157, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA LESS THE FOLLOWING DESCRIBED LANDS COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE SOUTH 00'18'53" WEST ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 435.55 FEET; THENCE NORTH 87"30'47" WEST A DISTANCE OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87"30'47" WEST A DISTANCE OF 581.67 FEET; THENCE NORTH 00'02'48' WEST ALONG A LINE 25.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF A 5O.OO FOOT ACCESS OPENING, AS SHOWN ON SAID BANYAN OAKRIDGE COMMERCIAL PLAT A DISTANCE OF 358.10 FEET TO AN INTERSECTION WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH (SAID POINT BEARS SOUTH OO'09'27" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 7O55.OO FEET, A CENTRAL ANGLE OF 01"28'37", AND AN ARC DISTANCE OF 181.85 FEET TO A POINT OF TANGENCY; THENCE NORTH 88'21'56' EAST A DISTANCE OF 1.7 Ordinances 1.8 3RIEGUI.ARME,ETING NOVEMBE,R 28, 7995 191.40 FEET; THENCE SOUTH 87"30'47" EAST A DISTANCE OF 186.50 FEET TO A POINT OF CURVAIURE; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS 25.00 FEET. A CENTRAL ANGLE OF 87'49'40', AND AN ARC DISTANCE OF 38.32 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'18'53' WEST A DISTANCE OF 358.44 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING APPROXIMATELY 24.1655 ACRES MORE OR LESS FROM PRESENT B-3 GENERAL BUSINESS ZONING DISTRICT TO RM-10, RESIDENTIAL MULTI-FAMILY DWELLING ZONING DISTRICT UNDER THE PROVISIONS OF ORDINANCE NO. 33-91 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading of Ordinance) A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Consent Agenda with the exception of items 1.2 and 1 .3. The motion passed on the following roll call vote: Commissioner Grace - yes Mayor Hyde - yes Commissioner Jones - yes ITEMS PULLED FROM CONSENT AGENDA 1.2 "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, EXTENDING THE CHARTER REVIEW BOARD; CREATED PURSUANT TO RESOLUTION 112-95: AND PROVIDING FOR AN EFFECTIVE DATE.' city Manager smith explained that the charter Review Board expires in December and that the first meeting is scheduled January 24, 1996, with the nine members who have been appointed. He projected the board needing around six months to complete their review of the Charter. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Mayor Hyde - yes 4REGUT,AR MEETING NOVEMBE,R 28, 7995 1.3 .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, CONSENTING TO THE ASSIGNMENT BETWEEN INDUSTRIAL WASTE SERVICE, lNC. AND BROWNING-FERRIS INDUSTRIES OF FLORIDA ; AND PROVIDING FOR AN EFFECTIVE DATE.' City Manager Smith explained that the assignment is needed since IWS is now BFI as a housekeeping matter. He expected the contract terms and rate structure to remain the same through the expiration of the contract. Mayor Hyde mentioned his concern that BFI will continue to provide the same level of service as was provided by IWS for the City and his intention to speak with BFI on the matter. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the following roll call vote: Commissioner Grace - yes Mayor Hyde - yes Commissioner Jones - yes 2. PROCI,AMATIONS 2.1 "Ocie and Annie Covins Day" - December 7, 1995 (this date was corrected to December 9, 1995) Mayor Hyde read the Proclamation in its entirety proclaiming December 9, 1995, as "Ocie and Annie Covins Day in the City of Dania in celebration of their 60th Wedding Anniversary. Commissioner Grace included her comments regarding the family history in the City of Dan ia. 3. BIDS City Manager Smith reported that two bids were received on November 22 from the following bidders: 5REGT,IL,IIR ME,ETING 3.1 Award of bid for Modello Park Pool Restroom Renovations NOVEMBER 2A, 7995 B.J. Cobb -$42,508 $45,358 Art. 1 $44,508 Art. 2 Lobann Construction $37,560 $40,806 Alt. 1 City Manager Smith recommended to award the bid to Lobann Construction and estimated the project to be completed within 60 days from the Notice to Proceed. The Modello Park Pool needs to be marcited and filled with water but cannot open until the bathrooms are finished. The project will be inspected to meet all Code requirements. A motion was made by Commissioner Jones, seconded by Commissioner Grace to accept staff recommendation to award the bid to Lobann Construction for $37,560 for renovation of the Modello Park Pool Restrooms. The motion passed on the following roll call vote: Commissioner Grace - yes Mayor Hyde - yes Commissioner Jones - yes 4. PIIBLIC IIEARINGS -ttone 5. SfTEPLAN-none 6. CITIZENS' COMMENTS - co![uEnrrs Brr DAtrrA crrrzoms oR ryrEREsrED pARTrEs rrrAT VERB,J.T.Y PBIOR TO 4:OO P.!f. TEE SECOflD (2ND) AND I:OURTH I4TE) LiONDAY O? EACTI MONTE. CO!{!{ENTTS Or. AIIY ITATURE WILI, BE RESFO,IYDED TO RY T,JE OI'FICE OT' THE CITY MANAGER. IN TEE E1IENT TEAT THE COJYCERIII REIIAtrVS UIIIRESOI,VED, TI,E CITIjZEN(S) OR PARTT WE,I, BE ASreD 10 Addend u m 6.1 The request by Merita Mitchell, President of College Gardens Association, regarding Dave's Paint & Body was pulled from the agenda. 7. DXPDIYDITURD RE9UESTS - none A. DISCUSSIO.III A]!'D .POSSIBLE ACTION REGUI.AR MEDTING NOVEMBER 2A,79956 8.1 FDOT response to Commission and Community concerns regarding Dixie Highway Corridor Study. City Manager Smith mentioned that a study has been in process for several months by the Florida Department of Transportation with the consulting firm of Kimley Horn on the Dixie Highway Corridor. John Thompson, Project Manager with FDOT, introduced team representatives from the Gothard Group and Urban Resource Group. Paul Cherry, Kimley Horn, presented a computer enhancement slide of the proposed future plans for providing a Reliever Route to US 1 which would utilize roads parallel to the railroad from lves Dairy Road to Griffin Road. Further comments related to landscape and buffer opportunities to the north, traffic concerns and right-of-way impacts to the community. Mr. Cherry explained that a summary of the right-of-way costs for the entire project including Hallandale, Hollywood, Dade County and Dania are between $52 and $61 million dollars. The estimated construction costs from Dade to Dania are in the $25 - $26 million dollar range and engineering costs including the construction, inspection and administration is in the $8 million dollar range bringing the grand total cost of the project from $87 to $95 million dollars. There are three alternatives that show the righl of-way impact and proposed tax base loss to Dania is expected to be from $88,000 to $1 04,000. He projected 10 years for completion once all phases of the project are funded and clarified that none of the subsequent phases of construction have been funded at this time. Discussion followed on the community involvement that has taken place and plans to hold six task force meetings from January through March at City Hall. A formal informational meeting would be scheduled around March after the task force meetings to allow public comment and a final public hearing sometime in April. The information and input from the Public Hearing would be included in a final report document that would be provided to the Department of Transportation. Mayor Hyde mentioned that the City Commission may not necessarily agree with the schedule presented and that the City will probably present a position paper on the project to DOT. Mayor Hyde recommended to have Mr. Cherry coordinate with City Manager Smith on public participation and meetings to be scheduled at City Hall. 8.2 Review and approval of removal of trees by FDOT for improvements at l-95 and Stirling Road. Will Allen, GroMh Management Director, advised that Keith & Schnars are consultants for FDOT on the improvements being made at the intersection located at l-95 and Stirling Road. Keith & Schnars are requesting permission from the Commission to 7REGUT.AR IUIE,ETING NOVEMBER 28, 7995 remove 22 tees at the location which are appraised at $ 59,496.75. The money from the trees would be placed in a Tree Preservation Fund to be used for planting trees on public property at the Commission's discretion. Betty Hassett, Keith & Schnars, explained that they have not been able to come up with a design that retains the trees and that quite a number of trees will remain. Twelve of the 22 trees are special category trees and the Commission must provide approval to remove them. Mayor Hyde asked whether it would be possible to replace some of the trees or add additional landscaping to the intersection instead of receiving a lump sum payment. Ms. Hassett mentioned that a lot of the trees are too old to be moved and that Dan Oyler, previous City Planner, agreed with the lump sum payment alternative. Commissioner Grace suggested to get a second opinion on the trees before destroying them based on the City's status as a Tree City USA. Ms. Hassett mentioned that the trees on the sidewalk and adjacent to the sidewalk have to be removed and that the situation has been studied very carefully. Commissioner Jones mentioned his concern with the traffic problem in the area and whether something could be done to alleviate the situation. Ms. Hassett stated her inability to respond to engineering questions since she is the Landscape Architect for the project. She advised the Commission that the interchange is being modified on both the Dania and Hollywood side. A motion was made by Commissioner Grace, seconded by Commissioner Jones to defer the item to December 12, 1 995, regular meeting to allow more time to receive further information on the engineering, relocation of trees and traffic concerns for the project. The motion passed on the following roll call vote: Commissioner Grace - yes Mayor Hyde - yes Commissioner Jones - yes 9. APFOINT]}TE-I\TTS - 9.1 9.2 9.3 9.4 9.5 Appointment of one member to the Airport Advisory Board. Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. Appointment of 10 members to the Human Relations Board. Appointment of one member to the Occupational License Review Committee. Appointment of one member to the Parks & Recreation Advisory Board. REGUI.AIIME,ETING All appointments were continued to the December 12, 1995, Regular Meeting. 8 NOVEMBE,R 28, 7995 70. AD,IUI]\IISTRATIVEREFORTS 10.1 City Manager Mr. Smith mentioned that a letter has been sent to Frank Petruziello, Superintendent of the School Board, asking for a meeting to discuss the extension on the use of the Old Olsen Middle School. Mr. Smith mentioned that the School Board had represented that the old school would be torn down and that he would report back on his meeting. 10.2 City Attorney - no comments 77. COIdI'ISSrOIIICOMMETYTS 11.1 Commissioner Grace Commissioner Grace mentioned that the Friends of the Children and Maddads organization events were a success this weekend at Modello Park. Commissioner Grace mentioned her attendance at the announcement for the Bass Pro Project which is projected to bring a million tourists to Dania in the future. She commended Sergio Pellecer for receiving the "Firefighter of the Year" award at the Annual Firefighters Dinner held at the Sheraton Design Center. '11.2 Commissioner Jones Mayor Hyde explained to Commissioner Jones that the Merita Mitchell item under Citizens' Comments was removed from the agenda by the advice of City Attorney Adler There has been recent action by the Code Enforcement Board on the issue and the 30 day appeal period has not expired. The issue could become a quasi-judicial matter. Commissioners Jones apologized for not being able to attend the Firefigher Convention due to being out of town for the holidays. He commended the BSO Community Counsel for being awarded $10,000 recently which can be used towards the fight against crime and other assistance for the community. IRE,GIJI.AR MEBTING NOVEMBER 28, 7995 9.6 Appointment of one member to the Planning & Zoning Board.9,7 Appointment of one member to the Unsafe Structures Board.9.8 Appointment of four members to the Community Affairs Advisory Board.9.9 Appointment of one member to the Charter Review Board. 9.10 Appointment of two members to the Budget Advisory Committee. 9.11 Appointment of two members and two alternates to the Code Enforcement Board. 9.12 Appointment of one member to the Dania Housing Authority. 9.13 Appointment of one member to the Dania Police & Firefighters' Retirement System. Commissioner Jones mentioned his suggestion again on the possibility of using part of the Public Works Compound for a tree nursery. He asked City Manager Smith to check the problem of street lights out on Federal Highway near Athena Antiques, SE 5 Avenue/Dania Beach Boulevard and Wllow Manors Nursing Home. Commissioner Mikes - absent Vice-Mayor Bertino - absent 11.5 Mayor Hyde Mayor Hyde was pleased to announce that the Bass Pro Shop Project will bring employment opportunities and increase tax base to the City. He congratulated Sergio Pellecer for receiving the "Firefighter of the Year" award. City Manager Smith was directed to contact the Broward County Trafficways Department regarding the malfunctioning of the red light located at NW 28th & Griffin Road. Mayor Hyde thanked Rick Frey, BSO, for his department's assistance in helping the Graves Museum with their dinosaur project. This meeting uso.s adjourned. /,41*z- MAYORc8rflflssroNER CITY T]DITOR 3 4 11 11 REGTJI.AR MEETING 70 NOVEMBER 2A, 1995