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HomeMy WebLinkAbout1997-01-28 Regular City Commission Meeting MinutesMINUTES DANIA CITY COMMISSION REGULAR MEETING JANUARY 28, 1997 CALL TO ORDER BY MAYOR BERTINO AT 7:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE *Reverend Lewis, Gathsemane Church ROLL CALL Mayor: Vice Mayor: Commissioners City Attorney: City Manager City Clerk: John Bertino Bobbie Grace Bill Hyde Albert Jones Bob Mikes Frank Adler Mike Smith Marie Jabalee ADDENDUM ADDRESSED AFTER THE CONSENT AGENDA PRESENTATIONS: -Bill Keith, Keith & Schnars - update on Airport DevelopmenUTrails End Mr. Keith stated that, after working with Mr. Spofford and receiving input from City and County staff, another location is being pursued for Broward County's proposed bus and taxi staging transportation improvements. Broward County is looking at some of their property east of US 1 that would provide better traffic movement north along US 1 . Mr. Keith advised that his firm is working with City Engineers, Berry & Calvin, to address other issues for the Trail's End site; such as: buffering on the west side, providing access to the lands to the south, and providing the cul-de-sac for the old 1oth Street to give access to the residential neighborhood. ln regards to the rumor that NW 10 Street is being extended east of US 1 and Griffin Road, Mr. Keith assured the Commission that the Broward County Aviation Department has no intentions of going further east than 7th Avenue. On the subject of the DRl, meetings will be started with the South Florida Planning Council in an effort to haveafull staff assessment by April 7. The staff assessment will have numerous conditions which will make up the DRI order. Hearings will be scheduled with local governments and he expected the formal development order to take another four months. l\4 r. Keith explained that the EIS study is being handled by another consulting firm and he expected the environmental permitting process to take another year. 1REGULAR MEETING JANUARY 28, 1997 / ln regards to the lnterlocal Agreement, all materials have been submitted and Mr Keith expected to conduct his review shortly. Commissioner Mikes expressed his dissatisfaction with Broward County for proposing the bus/taxis staging project near the residential neighborhood. He urged the County to consider the residential neighborhoods in the future in regards to the expansion of the Fort Lauderdale-Hollywood lnternational Airport Mr. Keith apologized to the City for the proposed project and expressed his desire to work with the City of Dania in a cooperative attitude in the future. Mayor Bertino stated that the City Commission will oppose any future projects proposed by Broward County that may be a detriment to the health and safety of the citizens of Dania. ITEM 2,1 WAS HEARD AFTER PRESENTATIONS ITEM PULLED FROM THE CONSENT AGENDA - ITEM I.2 WAS PULLED BY COMMISSIONER MIKES. ,. CO'VSE/VT AGENDA Bills: 1.1 Approval of bills for November 1996. Resolutions: 1.3 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, DESIGNATING INSPECTORS AND CLERKS TO SERVE AS OFFICERS IN THE PRIMARY ELECTION TO BE HELD ON TUESDAY, FEBRUARY 11, 1997, AND THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, 1997; AND PROVIDING FOR AN EFFECTIVE DATE.' 1.4 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE % TON HEAVY DUTY PICKUP TRUCK FROM DUVAL FORD UNDER STATE OF FLORIDA CoNTRACT NO. 070-001-96-1 SUB NO. 070-500-425 FOR THE AMOUNT OF TWENTY THOUSAND ONE HUNDRED FIFTY NINE DOLLARS ($20,159.00) AND ONE FORD RANGER PICKUP TRUCK FROM PRESTIGE FORD UNDER THE CITY OF CORAL SPRINGS BID NO. 96-C.195-F FOR THE AMOUNT OF SIXTEEN THOUSAND NINETY SEVEN DOLLARS ($16,097.00) FOR A TOTAL OF THIRTY SIX TWO HUNDRED FIFTY SIX DOLLARS ($36,256.00) WITHOUT COMPETITIVE BIDDING AND WTHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' A motion was made by Vice Mayor Grace, seconded by Commissioner Mikes, to approve the Consent Agenda with the exception of item 1.2. 2REGULAR MEETING JANUARY 28, 1997 The motion passed on the following roll call vote Commissioner Hyde - yes Commissioner Mikes-yes Mayor Bertino-yes Commissioner Jones-yes Vice Mayor Grace -yes ITEM 1.2 PULLED FROM CONSENT AGENDA: ,.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CHANGING THE NAME OF BRYAN ROAD TO BOATERS BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE.' Commissioner Mikes asked staff if there has been previous discussion regarding changing the name of Bryan Road and whether businesses have been notified of the City's intent. City Manager Smith explained that there are no residences on Bryan Road and that requests have been received from marine businesses along Bryan Road to change the name. Commissioner Mikes stressed the need to establish a procedure to follow when street names are changed. A sign could be posted notifying the public that the name change is being requested and will be discussed at a Commission Workshop. This process would then address historical significance of the street or road and provide the public an opportunity to speak on the issue. A motion was made by Commissioner Mikes, seconded by Vice Mayor Grace, to continue adoption ofthe resolution until after a workshop meeting has been conducted, and to post notification on the side of the road with the date of the workshop for the public. Mayor Bertino allowed the public to come forward at this time A representative of Dusky Marine, 1 10 Bryan Road, presented an overview of the boating equipment sold to the marine industry by the seven boating businesses located along an 8/10 of a mile stretch on Bryan Road. The representative expressed the consolidated desire by these businesses to change Bryan Road to Boater's Boulevard to strengthen the marine theme to go along with Angler's Avenue (previously Ravenswood Road.) Vice Mayor Grace requested to have City Manager Smith review the history behind the naming of Bryan Road so that this information can be taken into consideration when discussion follows at the workshop meeting. City Attorney Adler advised that the road was named after John Bryan whose son, Lourcey Bryan, lives in New Smyrna Beach. Mr. Adler, who knows Lourcey Bryan personally, did not believe there would be a problem with changing the name of the street. Commissioner Jones suggested to require the seven businesses along Bryan Road to make improvements to the road in exchange for the name change. Discussion followed on the problem with flooding on the west side of road. 3REGULAR MEETING JANUARY 28, 1997 Vice Mayor Grace asked that additional upgrades for Bryan Road should also be added to the workshop agenda. The motion to continue to a workshop meeting passed on the following roll call vote: Commissioner Hyde - yes Commissioner Mikes - yes Mayor Bertino - yes Commissioner Hyde - yes Commissioner Mikes - no Mayor Bertino - no Commissioner Hyde - no Commissioner Mikes - yes Commissioner Jones -yes Vice Mayor Grace - yes Commissioner Jones -no Vice Mayor Grace - yes Commissioner Jones -yes Vice Mayor Grace - no Ordinance: ,.5"4N ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 18-96 AS PASSED AND ADOPTED ON NOVEMBER 12, 1996, TO EXTEND THE MORATORIUM PROVIDED THEREON TO MAY 30, 1997, AND PROVIDING FOR AN EFFECTIVE DATE." (First Reading of Ordinance) City Manager Smith mentioned that the City Commission is currently reviewing the draft of the Telecommunications Ordinance discussed at the January 21 workshop meeting. The extension will provide more time to review the lengthy ordinance and to obtain information from other cities who may be implementing the proposed regulations. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to deny the ordinance. Commissioner Mikes mentioned that there has been a major change, through Federal legislation, in regards to the construction of telecommunications towers. The moratorium is needed to allow the City Commission the time to review the 60 page ordinance to ensure that proper regulations are provided to protect the City's righlof-ways in regards to tower construction. Commissioner Hyde disagreed with adopting the ordinance since the City has zoning laws that govern the location of telecommunication towers. He was concerned that cities are using this for the purpose of levying additional fees for services. The motion to deny failed on the following roll call vote: A motion was made by Commissioner Jones, seconded by Commissioner Mikes, to adopt the ordinance on first reading. The motion to approve passed on the following roll call vote: 4REGULAR MEETING JANUARY 28, 1997 Mayor Bertino - yes PRESENTATIONS WERE HEARD AFTER ITEM 1.5. 2. PROCLAMATIONS 2.7 Declaring February 1 997, "Sistrunk Historical Festlval Month." Mayor Bertino acknowledged that the City is declaring February 1997 as "Sistrunk Historical Festival Month." Addendum3. BrDS Commissioner Hyde - yes Commissioner Mikes - yes Mayor Bertino - yes Commissioner Jones -yes Vice Mayor Grace - yes 4. PUBLIC HEAR'IVGS 4,''AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING sEcrroN 25.124 (C) OF THE CODE OF ORDTNANCES TO CLARTFY THE WEIGHT OF TRUCKS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." (Second reading of ordinance) City Attorney Adler recommended to amend the ordinance to clarify the meaning of trucks classified as a half ton by capacity instead of more than one ton. Commissioner Jones felt that the ordinance is definitely needed to provide a strong message to keep big trucks out of residential areas. Commissioner Mikes asked that the legal staff include the strikes and adds when ordinances are being amended for better clarification and review- 5REGULAR MEETING JANUARY 28, 1997 3.1 Rejection of all bids for Southwest Sidewalk and Landscape lmprovements. City Manager Smith reported that Broward County has rejected the bidder, Southeast General Construction, lnc., for the Southwest Sidewalk and Landscape lmprovements project. The bidder failed to meet the SDBE goals for Hispanic participation and failed to execute the required form relative to using data as a first source for hiring. The bid price of the next lowest bidder is around $70,000 higher; therefore, Mr. Smith recommended to reject all bids and rebid the project. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to reject all bids received. The motion passed on the following roll call vote: A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to amend Section 1a, fifth line down to read "any truck of capacity more than one ton" and strike "that weighs more." Commissioner Hyde - yes Commissioner Mikes - yes Mayor Bertino - yes Commissioner Jones -yes Vice Mayor Grace - yes Commissioner Jones -yes Vice Mayor Grace - yes Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to adopt the ordinance as amended. The motion passed on the following roll call vote: SITE PLANS -none CITIZENS' COMMENTS - coMMENrs By DANIA crrzENS oR TNTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN lN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WLL 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 N4EETING. EXPEN DITURE REQUESIS -none D'SCUSS'ON AND POSSIBLE ACTION 8., Discussion of Hollywood Wastewater Large User Agreement. (Comm. Mikes) City Manager Smith reported that he has contacted the four other city managers in regards to reviewing the Hollywood Wastewater Large User Agreement, but no conclusion has been reached about a meeting at this time. lt was noted that the agreement was last reviewed in 1 989. 8.2 Request by Dania Lions Club to use facilities at the north end of the Dania Beach and to sell beer during the 1Sth Annual "Dania Lions CIub Bud Light One Ton Tug", on Saturday, March 15, 1997. Mayor Bertino requested permission, on behalf of the Dania Lion's Club, to grant the request since all proceeds go to charities and not to any club members. 5. 6. 7. 8. oREGULAR MEETING JANUARY 28, 1997 The motion passed on the following roll call vote: Commissioner Hyde - yes Commissioner Mikes - yes Mayor Bertino - yes A motion was made by Commissioner Hyde, seconded by Commissioner Jones, to approve the request. The motion passed on the following roll call vote: Commissioner Hyde - yes Commissioner Jones -yes Commissioner Mikes - yes Vice Mayor Grace - yes Mayor Bertino - yes 8.3 Cancellation of February '11 and March 11 Regular Commission Meetings due to 97 Elections. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to cancel the February 1 1 and March 1'l Regular Commission Meetings due to the 97 Elections. The motion passed unanimously. 8.4 Discussion of mitigation of Drainage Rehabilitation Project -Southeast Area and possible adoption of resolution. City Manager Smith mentioned that the Storm Water Utility Program in the southeast area involves the discharge of excess storm water into Westlake Park The City may want to consider utilizing the services of Mitigating Circumstances to assist in setting up the communication with Broward County, DNRP and other involved agencies for implementation of the storm water program- Mr. Maurice "Butch" Bay, Mitigating Circumstances, explained that his company is primarily a consulting and construction firm. The firm has been working on the Westlake Park Project for years resulting in a tremendous rapport with the Broward County Parks Divisions. Because there has been tremendous money spent by Broward County to acquire land for mitigating purposes for Westlake Park, Mr. Bay agreed to use his firm's credibility to assist Dania in obtaining the necessary permits. His firm would also coordinate with City Engineers on the calculations for the discharge into Westlake. Commissioner Mikes mentioned that Dania has been instrumental, over the years, in allowing Broward County to acquire needed properties for Westlake Park. He recommended to schedule a workshop meeting with the Broward County Park Division and Mitigating Circumstances in a cooperative effort before the City enters into any contract for this scope of work. The item was continued to a workshop meetrng. 8.5 Presentation by Dania Airport Advisory Committee. Jay Field, Airport Advisory Board, requested, on behalf of the board, staff to send a thank you letter to the Broward County Aviation Department for not proceeding with the proposed transportation holding area on the Trail's End property. Mr. Field requested that a new staff liaison person be appointed to the Airport Advisory Board. City Manager Smith agreed to provide someone on an interim basis. 7REGULAR MEETING JANUARY 28, 1997 9. APPOINTMENTS 9.1 Appointment of four members to the Airport Advisory Board. 9.2 Three appointments to the Budget Advisory Committee. Commissioner Jones reappointed Myrtle Corbin. A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to approve the appointment. The motion passed unanimously. Marie Jabalee, Finance Director/City Clerk, advised that currently there are two active members on the Budget Advisory Board; Al spies and Eugene Jewell. Commissioner Mikes reappointed Richard Sowden. A motion was made by Commissioner Mikes, seconded by Vice Mayor Grace, to approve the appointment. The motion passed unanimously. 9.3 One citizen appointment by City Commission and 3 citizen nominations from City Commission for employees to vote for one member to the Civil Service Board.9.4 Appointment of two alternates to the Code Enforcement Board.9.5 Appointment of three members to the Community Affairs Advisory Board9.6 Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. 9.7 Appointment of two members to the Human Relations Board. It was noted by City Clerk Jabalee that Sophie Steel will be logged as being appointed to the Human Relations Board on January 14, 1997, by Commissioner Hyde. 9.8 Appointment of Real Estate Appraiser to the Unsafe Structures Board. 10. ADMINISTRATIVE REPORTS 10.1 City Manager - no comments 1O.2 City Attorney - no comments 11. COMMTSSTON COMMENTS I l.l Commissioner Hyde Commissioner Hyde mentioned that the City of Hollywood plans to build another truck transport terminal across from 30s Avenue and 42nd Street with no prior notice to the public. IREGULAR MEETING JANUARY 28, 1997 Commissioner Hyde asked to include discussion of membership into the League of Cities on the next meeting agenda. Commissioner Hyde encouraged the public to vote in the upcoming Primary Elections on February 1 1 . On behalf of St. Ruth Baptist Church and Pastor Barr, Commissioner Jones extended appreciation to the City for the proclamation acknowledging Appreciation Day for Pastor Barr on January 19. On Wednesday, Dania Heights Baptist Church will be holding their revival and everyone was encouraged to attend. Commissioner Jones asked the City Manager for an update on the 1"t Street Bridge. City Manager Smith reported that Kevin McCabe, Coastal Systems lnternational, lnc., is working on the specifications and regulatory agencies for the necessary permits for the canal work. Commissioner Jones suggested that the City's Tree Ordinance may need to be enforced to ensure that the cutting requirements are being adhered to in ordinance. 1 1.3 Commissioner Mikes Commissioner Mikes complimented City Manager Smith with the tree planting in the downtown area. City Manager Smith was pleased to say that some of the merchants have purchased their own planters to improve the downtown area. Commissioner Mikes agreed that Dania should have representation on the League of Cities. He requested City Attorney Adler to check into the recenl truck terminal on Griffin Road to determine if there is a way to challenge the notification process. Commissioner Mikes expressed his opinion that tax payers should not be paying for hard liquor for employee parties and that beer and wine should be the only alcohol served. Commissioner Mikes mentioned the improvements that are needed to sidewalks so that the public can walk the adjoining neighborhoods to get to public facilities. He requested the transcription of tapes on any closed sessions relating to the airport issues or other legal matters before the election. He also requested staff to obtain the appraisals on the Seafair site for public view. Commissioner Mikes commented on the ground breaking for the IGFA recently and asked staff to clean up the parcel behind the Trails End property. 11.4 Vice-Mayor Grace IREGULAR MEETING JANUARY 28, 1997 '11.2 Commissioner Jones Commissioner Jones encouraged the public to vote in the Primary Election. Vice Mayor Grace thanked those who supported and participated in the 12th Annual Martin Luther King Banquet along with the services at Bethel Baptist Church. The City Manager was asked to extend appreciation to staff members who helped in the event and to send thank you lefters to Hollywood Hills High and Attucks Middle School for the bands who participated. Vice Mayor Grace mentioned that the attendance was very good at the ground breaking for the IGFA event and that the project will bring good opportunities to the City of Dania. City Manager Smith reported no financial concerns with the Dania Housing Authority and provided an update on the grant program for the lighting and fencing at Modello Park for Vice Mayor Grace. Vice Mayor Grace extended luck to all the candidates in the upcoming election ln regards to the Dania Housing Authority, Commissioner Mikes requested that the City Commission be copied on all minutes. { '1.5 Mayor Bertino Mayor Bertino recommended to ask that a Dania Commissioner be placed on the Board of Directors for the League now that the City is reconsidering membership. Mayor Bertino mentioned that the new projects coming to Dania are going to increase future business and revenue for the City. Citizens were encouraged to vote in the upcoming Primary Election being held February 11, 1997 . The meeting was adjourned. YO coM.S'ONER A SI; ctw cL UDITOR ) REGULAR MEETING 10 JANUARY 28, 1997