HomeMy WebLinkAbout1997-07-22 Regular City Commission Meeting MinutesMINUTES
DANIA CITY COMMISSION
REGULAR MEETING
JULY 22, 1997
CALL TO ORDER BY MAYOR MIKES AT 7:30 p.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL:
Present:
Mayor:
Vice Mayor:
Commissioners:
City Manager
City Attorney:
City Clerk:
Bob Mikes
Jim Cali
John Bertino
John Etling
Bill Hyde
Mike Smith
Frank Adler
Marie Jabalee
PRESENTATIONS.
Albert Jones, on behalf of Wllie Hill Jr., presented Certificates of Appreciation to
BSO Deputy lvan Pato and Deputy Richard Tarrant for their efforts to establish
community services through the formation of the College Gardens Neighborhood
Association.
ITEMS PULLED FROM THE CONSENT AGENDA: ITEMS 1.6, 1.7 AND 1.10
1.3 "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE AIRPORT
ADVISORY BOARD TO SERVE UNTIL THEIR TERM EXPIRES 12:00
NOON, MARCH 16, 1999; AND PROVIDING THATALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR EFFECTIVE DATE.', (Staff)
1.4 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND
1MIN UTES_REGULAR MEETIN G JULY 22, 1997
,, COIVSEAIT AGENDA
Bills:
1.1 Approval of bills for the month of May 1 997.
Minutes:
1.2 Regular Meeting of July 8, 1997.
Reso/ufions.'
AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE
COMMUNITY AFFAIRS ADVISORY BOARD TO SERVE UNTIL THEIRTERMS EXPIRE 12:00 NOON, IVARCH 16, 1999; AND pROVtDtNG
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (Staff)
1.5 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SUPPORTING
THE DESIGNATION OF THE EVERGLADES RIVER OF GRASS AS AN
AMERICAN HERITAGE RIVER, AND PROVIDING FOR AN EFFECTIVE
DATE." (Staff)
1.9 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO
THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE GITYOF DANIA, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN
ROAD ANNEXATION AREA OF THE CITY OF DANIA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1997; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A
PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
The motion passed on the following roll call vote
Commissioner Bertino -yes
Commissioner Hyde -yes
IVIayor lrilikes -yes
Commissioner Etling -yes
Vice Mayor Cali -yes
ITEMS PULLED FROM THE CONSENT AGENDA:
1.6 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA RELATING TO THE
RESIDENTIAL REHABILITATION AND REPLACEMENT PROGRAM;
AND PROVIDING FOR AN EFFECTIVE DATE.'
City Attorney Adler read the title of the resolution and advised that the
memorandum should be amended to strike the words "impact fees" in ltem #3,
on page 4.
2MI N UTES-REG ULAR MEETI NG JULY 22, 1997
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO
THE PROVISION OF STORMWATER MANAGEMENT SERVICES
PROVIDED BY THE CITY,S STORMWATER UTILITY; ESTABLISHINGTHE ESTIMATED ASSESSMENT RATE FOR STORMWATER
ASSESSEMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1997; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE." (Staffl
A motion was made by Vice Mayor Cali, seconded by Commissioner Bertino, to
approve the Consent Agenda with the exception of items 1.6, 1 .7 and '1 .10.
A motion was made by Commissioner Hyde, seconded by Commissioner Efling,
to amend the resolution as recommended by the City Attorney.
The motion passed on the following roll call vote:
Commissioner Bertino -yes Commissioner Etling -yesCommissioner Hyde -yes Vice Mayor Cali -yesMayor Mikes -yes
A motion was made by Commissioner Bertino, seconded by Commissioner
Etling, to adopt the resolution as amended.
The motion passed on the following roll call vote
Commissioner Bertino -yes
Commissioner Hyde -yes
Mayor Mikes -yes
Commissioner Bertino -yes
Commissioner Hyde -yes
Mayor Mikes -yes
Commissioner Etling -yes
Vice Mayor Cali -yes
Commissioner Etling -yes
Vice Mayor Cali -yes
City Aftorney Adler advised that there has been a change in the Appendix "A" to
the resolution. City Clerk Jabalee explained that the figure of $ 1,181,921.00 has
been inserted in the Appendix to represent the total amount of revenue to be
collected through the assessment program.
Mayor Mikes questioned staff on the significant difference in fee structure for
commercial rates compared to industrial warehouse rates. City Manager Smith
agreed to provide a chart showing the comparison of the different categories
from other cities with similar programs prior to the public hearing for the Fire
Rescue Assessment Program.
The Commission requested staff to obtain a written comment from the
consultants on the two rates, review the idea of separating industrial and
warehouse into two different categories, and provide a breakdown of properties
for each category.
A motion was made by Commissioner Hyde, seconded by Commissioner Etling,
to adopt the resolution.
The motion passed on the following roll call vote:
MIN UTES-REG ULAR MEETI NG JULY 22, 1997
1.7 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO
THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS lN THE CITY OF DANIA, FLORIDA; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1997; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NoTICE THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.'
3
Ordinances:
1.10 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA , AMENDING CHAPTER 28, BY CREATING ARTICLEVIII, 'TELECOMMUNICATION TOWERS AND ANTENNAS";
PROVIDING INTENT AND DEFINITIONS; PROVIDING MINtMUMSTANDARDS FOR LOCATION AND APPROVAL OF
TELECOMMUNICATIONS TOWERS: PROVIDING MINIMUMSTANDARDS FOR LOCATION AND APPROVAL OF
COMMUNICATIONS ANTENNAS, PROVIDING ADDITIONAL USES;
PROVIDING FOR SHARED USE OF COI\iIIVIUNICATIONS ANTENNAS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION;
PROVIDING FOR AN EFFECTIVE DATE.'
Mayor ltilikes asked staff to explain the revenue options in the ordinance and
whether maximum protection has been provided to deter telecommunication
towers from being constructed in residential areas. City Manager Smith advised
that City Attorney Adler developed the ordinance and that the ordinance was
reviewed by Attorney Earl Gallop. Although the City may need to revise its
existing fee structure, City Manager Smith recommended waiting for the court
decision on Coconut Creek's aggressive fee structure being challenged by the
telecommunications industry.
Commissioner Hyde asked staff to review the definitions for "Stealth Facility" on
page 2 and "Stealth Antenna" in other parts of the ordinance prior to adoption.
City Attorney Adler suggested that Terry Virta, Growth Management Director,
meet with attorneys representing Sprint to discuss some changes in the
ordinance prior to second reading. lt was mentioned that the moratorium on the
telecommunications towers expires July 31, 1997.
The City Commission generally agreed to have staff review the language and
technical aspects of the ordinance prior to the second reading on August 12,
1997 .
A motion was made by Vice Mayor Cali, seconded by Commissioner Hyde, to
adopt the ordinance on first reading.
The motion passed on the following roll call vote
Commissioner Bertino -yes
Commissioner Hyde -yes
Mayor Mikes -yes
Commissioner Etling -yes
Vice Mayor Cali -yes
2.
3.B/DS
3.1 Bids - Tigertail Lake Dredge & Fill - request to postpone bid opening
from July 22 - August 5, 1997. (Calvin, Giordano & Associates)
City Manager Smith mentioned that one of the key components of the Bass
Pro/Sportsman Park project is the dredging of Tigertail Lake to provide the fill for
MINUTES-REGULAR MEETING 4 JULY 22, 1997
PROCLAMATIO,VS-r,one
the access road into the project, parking for the Tri-rail facility, and to relocate theroad. He asked Don Windham, Calvin, Giordano & Associates, to explain the
concerns recently expressed by bidders regarding the way the bid package was
structured for the dredging project.
Don Windham, Calvin, Giordano & Associates, advised that a pre-bid conference
was conducted with the bidders in orderto obtain feedback on the project. The
general intent of the project was that there would be enough excess fill in the
lake available to the contractors so that the City would not have to pay for
dredging and placing of the fill. Mr. Windham advised that the bid opening was
postponed for two weeks by the City Manager in order to obtain direction from
the City Commission to change bid documents as follows:
.The City will finance 50% of the fill upfront:* The Contractor will repay the money to the City within a one-year period
of time.-The City agrees to allow the contractor 600 days instead of 300 days to
remove and cleanup the fill.
Mr. Windham estimated the front half of the job to cost around $500,000 to
$600,000. The City could expect to pay around $250,000 to fund 50% over a
period of 120 days, which would be paid back by the contractor. ln response to
Mayor Mikes' question on the expected value of the fill from Tigertail Lake, Mr.
Windham was unable to determine the cost but mentioned that fill being trucked
out west runs around $6.00 to $8.00 per yard.
Commissioner Bertino disagreed with the contractor getting all the profit at the
end of the project from the sale of the fill if the Gity becomes a partner in
financing the dredging. He suggested postponing the bid opening for two weeks
and having staff research some concrete markets for the sale of the fill.
Vice Mayor Cali suggested seeing if the fill could be pledged as collateral to
borrow the needed funds.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to table item 3.1 until August 12, 1997 , regular meeting and to hold a
special meeting if information is received earlier.
Commissioner Hyde restated his motion, seconded by Commissioner Bertino, to
include the postponement of the bid opening for item 3.1 to August 15, 1997.
The motion passed on the following roll call vote
Commissioner Bertino -yes
Commissioner Hyde -yes
Mayor lvlikes -yes
Commissioner Etling -yes
Vice Mayor Cali -yes
After item 3.'1, Mayor Mikes questioned City Attorney Adler on whether an
emergency ordinance needs to be adopted to carry over the
Telecommunications Moratorium expiring July 3l to August I 2, 1997, when
the Tower Ordinance is heard on second reading. City Attorney Adler
agreed that the moratorium could be continued to a time certain.
A motion was made by Commissioner Hyde, seconded by Commissioner
Etling, to adopt an emergency ordinance to extend the current Tower
5M I N UT ES- REG U LAR M EETI N G JULY 22, 1997
Moratorium through August 12, 1 997.
The motion passed on the following roll call vote:
Commissioner Bertino -yes Commissioner Etling -yesCommissioner Hyde -yes Vice Mayor Cali -yesMayor Mikes -yes
4. PUBLIC HEAR'NGS.,
Ordinances:
4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
SECTION 8.1 OF ARTICLE 1, CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO ADOPT THE
1996 BROWARD EDITION OF THE SOUTH FLORIDA BUILDING
CODE; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE.'
Mayor Mikes opened the public hearing. Hearing no one speak in favor or
opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner
Bertino, to adopt the ordinance on second reading.
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Hyde -yes
Mayor Mikes -yes
The motion passed on the following roll call vote
MINUTES_REGULAR MEETING 6
Commissioner Etling -yes
Vice Mayor Cali -yes
4.2 VA-I1-97 - Sign Language & Co., lnc. on behalf of Hy Horowitz, Brenner
Equities, lnc, representing Sormi, lnc., Meadowbrook Shopping Center,
300 East Dania Beach Boulevard)
Request for a variance to add an additional 96 square feet beneath the
existing pylon sign to accommodate a plaza directory. Dania Code
Chapter 3, Section 3-33(m) allows for a Pole (ground) sign no greater
than fifty (50) square feet.
Mike Danforth, Sign Language & Co., lnc., explained that the extensive
landscaping overgrowth at the shopping center is creating a visibility problem for
the signs attracting business to the [\/eadowbrook Shopping Center.
Vice Mayor Cali mentioned his desire to require a number of conditions to the
variance since the owner of the shopping center does not take very good care of
the property. The Commission generally agreed that the item should be
continued since there is no representation from the shopping center.
A motion was made by Vice Mayor Cali, seconded by Commissioner Bertino, to
continue ilem 4.2 to the next regular meeting.
JULY 22, 1997
Commissioner Bertino -yes Commissioner Etling -yesCommissioner Hyde -yes Vice Mayor Cali -yesMayor Mikes -yes
Even though the item was continued, Mayor Mikes opened the public hearing.
Hearing no one speak in favor or opposition, the Mayor closed the public hearing
5.SITE PLANS -none
6 CITIZENS, COMMENTS: 9oMMENTS aY DANIA cITIzENs oR INTERE'TED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVENlN wRlTlNG OR COMMUNICATED VERBALLY PRTOR TO 4:00 P.M. fHE SECOND(/o) AND F1URTH (4rH) MoNDAy oF EA)H M1NTH. coMMENrs oF ANy NAT|RE
WLL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT
THAT THE CONCERN REMA'IVS U^IRESOLYED, THE CITIZEN (S) OR PARTY WLL
BE ASKED TO ADDRESS THE CITY COMMISS'ON DUR"VG THE MEETING.
EXP EN DITU RE REQUESIS-none
D'SCUSS'O'V A ND POSSIBLE ACTION
Discussion of Public Safety Study continued lrom 718197 regular meeting
(Mayor Mikes)
Commissioner Bertino also suggested looking into the possibility of having inland
cities contribute to the eastern cities for paying the maintenance costs for the
beaches that are used by all cities.
Chief Frey, BSO, mentioned that there has not been a tremendous increase in
calls for police services over the past year and that roughly 3,000 calls are
handled a month. The City receives a lot of traffic due to tourism and Dania's
location between Fort Lauderdale and Hollywood. Chief Frey agreed to provide
a data report at the budget meeting scheduled at 9:00 a.m. July 23 showing a
breakdown of the types of calls handled by BSO.
Commissioner Hyde agreed with Commissioner Etling to conduct a municipal
impact study that would include impacts for the beach, parks and recreation, and
public safety. Commissioner Etling mentioned that western cities that are not
impacted by traffic like the eastern cities are receiving the same amount gas tax
revenue because these funds are based on population.
A motion was made by Commissioner Bertino, seconded by Vice Mayor Cali, to
direct staff to prepare an RFP with assistance from FAU. The motion passed
unanimously.
8.2 Discussion of public records status in City continued from 7/8/97 regular
meeting. (Mayor Mikes)
Mayor [t/ikes mentioned the need for minutes from City Commission workshop
and regular meetings and advisory board meetings to be brought into public
MINUTES_REGULAR MEETING 7 JULY 22, 1997
7
8
8.1
Mayor Mikes suggested to budget funds to conduct a Public Safety Study to
determine whether the City may be due financial assistance from surrounding
cities and/or Broward County for providing police and fire safety services in areas
falling outside city limits. He recommended advertising for an RFP for a study.
record status as soon after the meetings as possible.
City Manager Smith stated that an Accounting Clerk position is being requested
in the budget for the City Clerk/Finance Department so that a secretary curren y
working on accounting tasks can be freed up to do more records management
work.
Commissioner Hyde stressed the need to have minutes available within one
month after meetjngs since they are a public record.
Commissioner Bertino suggested looking into the possibility of hiring outside
services to do minutes. City Manager Smith advised that board liaison persons
or board members are currently completing the advisory board minutes. Growth
Management staff completes the minutes for boards like Planning & Zoning,
Code Enforcement and Unsafe Structures.
City Clerk Jabalee mentioned that there are only a few cities using an outside
minute's service and that they use them for advisory board minutes not for City
Commission meeting minutes.
8.3 Discussion of hiring Assistant City Manager continued from 718197 regular
meeting. (Mayor Mikes)
Mayor Mikes recommended to use current budget funds to take action to hire an
assistant to the City Manager now instead of waiting for the budget to be
approved October '1. Discussion followed on the time involved to advertise,
interview candidates and make a selection.
Commissioner Hyde asked for clarification on whether the position is an
Assistant City Manager with department head status who is hired and fired by the
City Commission or an Assistant to the City Manager who is going to be under
the direction of the City Manager. The City Commission generally agreed that
the position is for an Assistant to the City Manager who will be a viable part of
management and hold a college degree. Mr. Smith mentioned the need to have
an assistant to oversee the recreation department who does not have a Director,
seek out grant opportunities, and handle special projects.
Mayor Mikes urged the public to attend the budget workshop being held
tomorrow at 9:00 a.m.
Discussion followed on staff reviewing technology that may be available through
court reporting services and outside minute's flrms for the completion of minutes
and to bring the information back to the City Commission.
9, APPOINTMENTS (NO NOMINATIONS WERE PRESENTED. ALL
APPOTNTMENTS CONTTNUED TO AUGUST 12, 1997).
9.1 Two (2) members needed on the Airport Advisory Board.
9.2 One (1) member needed for the Community Affairs Advisory Board.
9.3 Three (3) members to the Dania Economic Development and Downtown
Redevelopment Board.
9.4 One (1) member needed on Human Relations Board.
MINUTES-REGULAR MEETING 8 JULY 22, 1997
9.5 Five (5) members on Marine Advisory Board.
9.6 Four (4) members on Occupational License Review Advisory Board.
9.7 One (1) member on Planning & Zoning Board.
9.8 Three (3) citizen nominations for Civil Service Board.
10. ADMINISTRATIVEREPORTS
10.1 City Manager
City Manager Smith welcomed and introduced Terri Virta as the new Growth
Management Director.
City Manager Smith requested permission to negotiate with interested parties on
Ieasing dock space at the l.T. Parker Center to participants in the Whitbread
racing event. The City Commission supported the request.
1O.2 City Attorney
11. COMMTSSTONCOMMENTS
11.1 CommissionerBertino
11.2. CommissionerEtling
Commissioner Etling congratulated Deputy Pato and Deputy Tarrant for receiving
the awards from College Gardens Neighborhood Association.
1 '1.3 Commissioner Hyde
Commissioner Hyde expressed the need for community appearance to be
addressed in the City.
11.4 Vice-Mayor Cali
Vice Mayor Cali stated that the State of Florida, Commission on Ethics, ruled on
July 1 1 , 1997, that there is no conflict of interest for him to serve on the City
Commission or from voting on the City's budget due to his employment with the
Broward Sheriff s Office.
Vice Mayor Cali advised that the recent rise in the stock market has had a major
affect on the General Employees Pension Fund. The fund value as of April '1
was $6,262,000.00. Over a three-month period, the fund appreciated to
$6,945,158.00foran increase of $644,632.00 or a 10.2o/o rate of return. The
fund is 60% invested in stocks, 40% invested in fixed income, and the
performance of the fund is sound.
The public was advised that tickets are available for the Lion's Club 50th
Anniversary for Saturday, July 26 and that a workshop would be scheduled
September 2, 1997, at 7:30 p.m. to discuss Charter changes and districting.
11.5 Mayor Mikes
9M I N UTES- REG U LAR ME ETI N G JULY 22, 1997
Mayor Mikes commented on the events that took place on July g at the CountyCommission regarding the Bass pro project and the approval of the DRI for thlairport. City Manager Smith advised that more meetings would be scheduledwith George Spofford, Broward Counly Aviation Department, to discuss thepreliminary plans for the buffer completion for the Melaleuca Gardens area.
Commissioner Bertino allowed a few moments of his time for Kevin pierson toaddress the City Commission.
Mr. Pierson, 266 SW 15 Street, presented a cost analysis and petition from
residents to upgrade the street lighting to 150 watts in portions of the southwestsection. Commissioner Bertino recommended including the request to the next
regular meeting agenda.
This meeting was adjourned
CITY CLE -AUDITOR
YOR-COMMI IONER
L.
MIN UTES-REGULAR MEETING 10 JULY 22, 1997