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
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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.
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REGULAR MEETING 10 JANUARY 28, 1997