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HomeMy WebLinkAbout31176 - MINUTES - City Commission � 1 I( 1 6 C MINUTES DANIA CITY COMMISSION WORKSHOP MEETING OCTOBER 9, 1990 i ROLL CALL: I Present: i Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley i City Clerk: Wanda Mullikin i 1. Selection of Utilities Director y(j Mayor McElyea reported that he spent time going through the Dania Water Plant with Utility Director applicant , Paul Lee, along with his daughter who has expertise in the utility field. Mayor McElyea explained that Mr. Lee appears to be verywell qualified and recommends him for the position . Discussion followed regarding Mr. Lee ' s request for a salary of $47 , 000 and the possibility of asking Mr. Lee to accept a salary of $46,000 with a review in six months after employment . i The Commission agreed that Mr. Lee should be contacted on whether he would like to accept the position of Utility Director at a salary of $46, 000 with a review in six months . City Manager Flatley mentioned that the resolution appointing this position is placed on the regular meeting agenda tonight and can be completed after hearing from Mr. Lee. This workshop meeting was then adjourned. I i MAYOR- OM S$ NER i ! CITY CLERK-AUDITOR i e r•-�+ l `r t r WORKSHOP MEETING 1 OCTOBER 9, 1990 'n c y J i i u4.1` G y F7, t I i AGENDA j DANIA CITY COMMISSION WORKSHOP MEETING OCTOBER 9, 1990 7:30 P.M. 1 . Selection of Utilities Director i { I � C C F I I f 1 i i I 1 Sa g.. FF r MINUTES j DANIA CITY COMMISSION REGULAR MEETING OCTOBER 9, 1990 1 I INVOCATION BY WANDA MULLIKIN ] PLEDGE OF ALLEGIANCE j ROLL CALL: Present: Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley i City Clerk: Wanda Mullikin i PRESENTATIONS b i i *Commissioner Cook asked Margo Tayss, representing the Memorial Hospital Blood Bank Program, to address the Commission and audience on the need for donating blood, Margo Tayss stepped forward to explain that only 5% of the population donates blood but that 95% of the population will need blood sometime in their lifetime. Ms. Tayss reported that there is a shortage of blood at Memorial Hospital and informed the public that a blood drive is being conducted in co-sponsorship with the Civic Association of Dania and Hollywood Federal Bank. Ms. Tayss stated that the blood drive will be held at the Hollywood Federal Bank Branch on Dania Beach Boulevard Friday, November 2 from 10:00 a.m. to 1 :00 p.m. and 2:30 p.m. to 6:00 p.m. Ms. Tayss encouraged participation in this blood drive. -� ^ *Upon Commissioner Bertino's request, Beulah Lair stepped forward ' to explain that a Public Awareness Gathering is scheduled for Wednesday, October 10, 1990, to emphasize the need for school j zone flashing lights at Olsen Middle and Dania Elementary Schools. Ms. Lair explained that she has been in contact with Senator Larry Smith's Office and that she will be writing a letter to the Governor's Office in an effort to obtain these p flashing lights. Ms. Lair reported that she has contacted the Palm Beach Traffic Department in order to obtain a list of schools who have these lights. Roxanne Knight stepped forward to encourage participation in this event and expressed the danger for children crossing Federal Highway without the flashing lights. i Mayor McElyea mentioned that several deaths have occurred in this { area due to not slowing the traffic down. AT THIS TIME, ITEM 3.1 WAS HEARD Commissioner Grace presented a plaque to the City of Dania from the Kiwanis Club for their support in the "Kiwanis Youth In Government Program" for 1989 and 1990. Commissioner Grace commended Commissioner Cook for being appointed President of the Kiwanis Club. Mayor McElyea expressed appreciation to the Kiwanis Club and i commended Commissioner Cook for her appointment. ' Y J � ' iREGULAR MEETING 1 OCTOBER 9, 1990 PULLED FROM CONSENT AGENDA Commissioner Bertino requested to remove item 1 .9 addendum item, Vice Mayor Mikes requested to remove 1.6 and 1. 8 and Commissioner Grace requested to remove 1.5 from the Consent Agenda. City Attorney Adler requested to remove item 1.7 as some changes need to be made to the resolution. 1. CONSENT AGENDA 4 Minutes 1 . 1 August 27 , workshop meeting 1 . 2 September 10 , workshop meeting 1. 3 September 19, workshop meeting 1. 4 September 25, regular meeting I I A motion was made by Commissioner Bertino, seconded by Commissioner Cook to approve the consent agenda as read by City Attorney Adler. The motion passed unanimously. j PULLED FROM CONSENT AGENDA I Resolutions 1 . 5 City Attorney Adler read the title of the resolution instructing its voting delegates to the National League of Cities Convention and the Florida League of Cities Convention to refrain from voting for. or otherwise participating in the endorsement of candidates for public office. Commissioner Grace requested Vice Mayor Mikes to respond to why lie feels there is a need to adopt a resolution on this matter. Vice Mayor Mikes mentioned that Dania ' s voting delegates were appointed by resolution and due to the recent controversial subject of endorsing political candidates with the League of Cities , he felt it was t necessary for Dania to set a policy to not endorse political candidates. After further discussion, a motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt this resolution. I The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1 . 6 City Attorney Adler read the title of the resolution approving that certain contract between the American j Federation of State , Coun .y and Municipal Employees (AFSCME) local 3535 and the City of Dania covering the period from j October 1 , 1990 through September 30 , 1991 . A motion was made by Vice Mayor Mikes , seconded by j Commissioner Bertino to adopt the resolution. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes f Commissioner Cook-yes Mayor McElyea-yes 1 Commissioner Grace-yes I r REGULAR MEETING 2 OCTOBER 9, 1990 _ i f L � 1 I i I 1.7 City Attorney Adler read the title of the resolution f approving that certain service agreement between Dania and Nick Navarro, as Sheriff of Broward County. Mr. Adler made changes to page 12 in the first paragraph last sentence to read "Said amount shall be due and payable on or before b October 1 , 1991 and October 1 , 1992" and on page 18 the paragraph for Article XXI : TOWING was changed by correcting each "franchisee" word to the word "vendors" along with j minor grammatical changes throughout the paragraph. f A motion was made by Commissioner Bertino, seconded by i Commissioner Cook to adopt the resolution with the changes made to the agreement as stated by City Attorney Adler. i I The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1. 8 City Attorney Adler read the title of the resolution authorizing Curtis & Curtis Law Firm to begin the necessary legal process to cause the Broward County Aviation Department to release the date used to generate the 1995 noise contour lines and the single event profiles; and providing for- an effective date. f Vice Mayor Mikes stated that there has been frustration in obtaining information from the Broward County Department of _ Aviation and the fact that this information impacts the City of Dania directly, he felt a resolution should be adopted. Vice Mayor Mikes stated that since he has requested this item be placed on the agenda, the Airport has responded with a number of items. Vice Mayor Mikes suggested that staff review these items received to be sure its sufficient for purposes of the public hearing. A motion was made by Vice Mayor Mikes , seconded by Commissioner Cook to continue the adoption of this resolution until the next regular meeting of October 23 . 1990 in order for staff to review information received from the Airport. The motion passed on the following roll call vote: 1 Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes i Commissioner Grace-yes i 1 .9 Mayor McElyea read the title of the resolution approving grant agreement between the State of Florida Department of Natural Resources and the City of Dania, relating to a bike path. i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt this resolution. City Manager Flatley informed the Commission that this project is out for bid and should be awarded at the end of i the month and that construction should begin on the bike path in November or early December. Mr. Flatley mentioned 11 that this project will cost Dania $50 , 000 grant money and that the State Department of Transportation is going to icontribute almost an equal amount . I The motion passed on the following roll call vote: ` i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes REGULAR MEETING 3 OCTOBER 9, 1990 ' - i✓i 8i1vJ%_\'WIt.44'1 n..r,i.r.,n: .. ...... 1 AT THIS TIME, ITEM 7. 5 WAS DISCUSSED 2. PROCLAMATIONS - NONE i 3. BIDS i 3 .1 Mayor McElyea asked if there were any further bids to be received for the Cemetery Sprinkler System. A motion was made by Commissioner Grace, and seconded to close the receipt of bids and open the bids received for the Cemetery Sprinkler System. The motion passed unanimously. City Manager Flatley read the following bids received for the automation of the Cemetery Sprinkler System at Woodlawn & Memorial Cemetery: C & L Well Drilling $24, 620 .00 Miami , Florida Smith Well Drilling 26, 955 . 00 Hollywood, Florida y W.A. Brook & Sons 25, 822 .00 Dania, Florida (THIS BID WAS NOT READ CORRECTLY AS THE BIDDER INCLUDED A DONATATION OF A 20 H.P. PUMP AT A SAVINGS OF $3, 800 FOR A TOTAL BID AMOUNT OF $22,022.00) . Lawn Sprinkler Service & Supply 24 , 900 . 00 Ft. Lauderdale, Florida A Landscaping & Sprinkler Co. 45, 988 .00 y ' Miramar , Florida I A motion was made by Commissioner Bertino, seconded by Commissioner Cook to turn the bids received over to the City Manager for tabulation and recommendation at the next regular meeting of October 23 , 1990 . 1 The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes AT THIS TIME, THE COMMISSION RETURNED TO PRESENTATIONS I 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 City Attorney Adler informed the Commission of a variance request (VA-49-90) by Bruno Laurenti to allow the erection of a 6 ' fence in the front yard (4 ' jmaximum permitted) for property located at 243 SE 5 Street. City Attorney Adler mentioned that this variance was continued from September 25, 1990 regular meeting. j Will Allen informed the Commission that the petitioner i advised him that he would not be able to attend this meeting and requested a continuance until the regular meeting of October 23, 1990. i 1 A motion was made by Commissioner gook, seconded by Commissioner Grace to continue VA-49-90 as requested by Bruno Laurenti to allow the erection of a 6 ' fence in the front yard for property located at 243 SE 5 Street to the regular meeting of October 23, 1990 . REGULAR MEETING 4 OCTOBER 9, 1990 . .. 17, f The motion passed on the following roll. call vote: t Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes a 4. 2 City Attorney Adler informed the Commission of a variance request (VA-50-90) by Bryan Beckwith for construction of a flat wall sign for property located at 140 North Federal Highway with the following requests: E � I a) 224 sq. ft . (8 ' x 28 ' ) in size (40 sq.ft . jpermitted) ; a b) horizontal dimension of 28 ' (15 ' maximum permitted) ; c) sign content (only name of business is permitted) . i ii Bryan Beckwith presented a color rendering of the proposed sign to the Commission and explained the need for this sign in an effort to promote business due to the location of his business . Mr. Beckwith stated that he will paint this sign on the wall since the Downtown G Redevelopment Committee may be making changes to sign i requirements in the area so that it could be removed at a small cost . i f Mayor McEl ea opened the y y p public hearing. Hearing no � one speak in favor or opposition, the Mayor closed the I public hearing. Commissioner Cook clarified that Mr. Beckwith 's request for the sign includes more than just printing the name jof his business and that the additional information on JI the sign proposal is acceptable. j A motion was made by Commissioner Bertino, seconded by ffff Commissioner Cook to grant approval of variance (VA-50- j 90) as requested by Bryan Beckwith with the condition that the sign will be g painted directly on the wall as it does appear on the dimensions requested with the understanding that if the Downtown Redevelopment Authority requires removal of the sign that the petitioner will go along with removal of the sign. Commissioner Grace mentioned that the Downtown Redevelopment Agency will be meeting on October 18 and requested direction from Vice Mayor Mikes, who is j Chairman of this Committee, on whether this variance l should be continued until after the Downtown Redevelopment meeting. i Vice Mayor Mikes suggested to include in the variance approval the expiration date of the sign as the f Downtown Redevelopment Agency will be addressing a new sign ordinance in April of 1993 . Commissioner Bertino restated his motion to include the expiration date of the variance to be April , 1993. ) The motion passed on the following roll call. vote: 3 { Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 3 City Attorney Adler advised the Commission of a variance request (VA-53-90) by Gabriel M. Bove, the Stellar Group for vacant property located on the north side of SW 31 Street, east of SW 26 Terrace to allow i REGULAR MEETING 5 OCTOBER 9, 1990 77 I the construction of a warehouse distribution structure 1 with the following requests : s a) a 10 ' rear yard setback (20 ' setback required) ; F b) 50 parking spaces (67 spaces required) . z: Mr. Terry K. McCaghren , DeRose & Slopey Consulting Engineers, representing the Stellar Group reminded the i i Commission that this variance request was continued from September 25 in order for the City Forrester to have an o {{ pportunity to examine trees on the site to 1 determine which ones could be removed, preserved and possibly transplanted. Mr. McCaghren mentioned that he has met with Will Allen and the City Forrester on the j tree issue and that the plans have been revised and resubmitted with their. recommendations. Mr. McCaghren mentioned that this variance request is for a refrigerated storage warehouse building and that. Broward County requires 67 parking spaces and he is proposing 50 parking spaces. Mr. McCaghren stated that he has had a traffic engineer conduct a study and that they have determined that 30 parking spaces would be more than enough to serve the site. Commissioner Bertino suggested that the additional 17 parking spaces required by the County be designated on the site plan so in the future they would be available if needed in the event their was a change in the use of the site. i Will Allen, Growth Management Director, mentioned that the square footage of this proposed two story building » is just under 30 ,000 square feet and the building is located immediately north of I-595 on SW 31 Street . Mr. Allen mentioned that the Planning & Zoning has reviewed this request and recommended approval . Mr. Allen stated that the property has a C-1 zoning classification by Broward County that requires 67 parking spaces and that Dania ' s requirement would only be 52 spaces after the five space landscape bonus is r reduced. Mr. Allen felt this request is acceptable since the petitioner has presented a very nice landscape plan and felt their parking space request is only 2 under the City' s requirement . Commissioner Bertino requested that the two additional parking spaces be designated on the site plan for future use. f Will Allen agreed that this requirement could be added to the site plan. f I Will Allen responded to Commissioner Grace ' s concern on ± if any trees could be transplanted by explaining that 21 palm trees of various variety will be transplanted on the site, another 17 trees will be replaced and the rest will be new trees for a requirement of 70 trees on the site. Mr. Allen mentioned that there will not be any excess trees to be given to the City. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve 4 . 3 A for the variance request (VA-53-90) as requested by the Stellar Group. i f. REGULAR MEETING 6 OCTOBER 9, 1990 I , r . n. , m . i The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes { B) City Attorney Adler informed the Commission of the f second part of this request for site plan (SP-54-90) approval for a warehouse distribution facility. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve site plan (SP-54-90) as requested by the Stellar Group for a warehouse distribution facility with the condition that the two additional parking spaces be added to the plan for possible future use if necessary. Vice Mayor Mikes requested an amendment to the motion that if the building permits are not pulled on this j project within 18 months , that the site plan expires and will require City Commission review again. { Commissioner Bertino added the condition of an 18 month expiration date on the site plan to his motion . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 4 City Attorney Adler read the title of the ordinance amending Section 6-17 , Article I , Chapter 6 , of the Code of ordinances entitled "Operating A Boat Near Beach" . City Attorney Adler explained that this ordinance changes the distance from the shore that a boat or jet skis can he operated. k 1 ! A motion was made by Commissioner Cook, seconded by ( Commissioner Grace to continue second reading of this s ordinance to the next regular meeting of October 23, 1990. i{ The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 5 City Attorney Adler read the title of the d ordinance amending Section 5. 36, Article 5, Chapter 28 i of the Code of Ordinances regarding fence height regulations in the City. Will Allen, Growth Management Director, explained the i following changes being made to this ordinance : 1 . To allow a 6 ' high fence on the street sideyard that runs from the rear of houses to the front . Mr. Allen mentioned that currently a 6 ' fence is allowed in the rear yard and 4 ' fence is allowed in the front yard V and street sideyard; 2. To require the decorative side of a fence to face the public side of the street; REGULAR MEETING 7 OCTOBER 9, 1990 `' n - i ' , ,n i i 1 3. To require the fence to go all the way to the sidewalk and not require a setback other than in the i rear yard when it abuts an alley; i 4 . To measure the height of the fence for the rear and side yards from the highest elevation adjoining the fence which means from the level of the yard. Mr. 1 Allen mentioned that there are lots that have been built up for flooding purposes which means that some 9 fences will be higher than others. Mayor McElyea opened the public hearing. Mr. Hugo Renda expressed opposition to no setback from the sidewalk and to 6 ' fences being allowed without the variance process; Mr. C .F. Hill expressed displeasure that there have been some fences constructed without the decorative side facing the public; Ms . Peggy Breeschoten expressed opposition to fences that are not maintained and no requirement for landscaping; Mr . Irving Warman mentioned his opposition to no setback requirement from the sidewalk; Mr. Tim McCloud expressed approval and the need for the requirements listed in this ordinance. Ms . Faye Bartelmes expressed opposition to adopting the ordinance and felt that there is a need for 6 ' fences in some neighborhoods for I security purposes and that these should be considered hardship cases under the variance process and to waive all fees in these cases . Hearing no further comments , the Mayor closed the public hearing. Commissioner Cook reminded the Commission and audience that this proposed ordinance has been discussed several times over the past year in an effort to eliminate the problem of some people being granted 6 ' fence requests e^ while others have been denied. Commissioner Cook mentioned that there are persons in the City who have constructed fences without the proper permits being obtained and that this is not fair to all citizens. jCommissioner Cook felt that there is a need for this ! ordinance as the 6 ' fence can offer better security for 1 people with children and dogs and felt a need to bring fence heights in conformity within the City. r q Vice Mayor Mikes expressed his reasons for retaining 3 the 6 ' fence requests under the variance process as locations are unique and this way the Commission could retain better control of the construction of fences for safety, maintenance and conformity reasons . Mayor McElyea concurred with Vice Mayor Mikes that these fence requests should remain under the variance process. Commissioner Bertino requested clarification on whether or not variance fees could be waived on fence requests . City Attorney Adler advised that fees should not be waived on anything unless there is a hardship case and the individual is unable to pay the fees required. Commissioner Cook mentioned that the purpose for this ordinance was to try to make the regulations for fences fair to all citizens as it has not been in the past. Discussion followed regarding maintenance of fences in the City and Will Allen stated that this issue is basically covered under the recent property standard ordinance. Commissioner Bertino requested direction from the City Attorney as to whether the type of materials used to j build the fence could be included in the ordinance. I REGULAR MEETING 8 OCTOBER 9, 1990 y i Vice Mayor Mikes stated that the ordinance cannot j include all language for all situations and restated s the need to go thru the variance process for fence ' requests over 91 . 2 A motion was made by Commissioner Bertino, seconded by r Vice Mayor Mikes to continue the second reading of this ordinance to the next regular meeting of October 23, 1990 in order for City Manager Flatley and Growth i Management Director Allen to include all building I materials be approved by the Building Department into the ordinance . f The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5. SITE PLANS - None 6. EXPENDITURE REQUESTS 6. 1 Request to place a City of Dania ad in the Chamber of Commerce Annual Directory. ) City Manager Flatley informed the Commission that the Chamber of Commerce needs two more ads for their Annual ° Directory so that, they could include a Newcomers Guide for new residents to their edition. Mr. Flatley mentioned that the cost would be $805 for, a full page * ' ad, $505 for a half page ad and a 1/3 page is $340 . Mr. Flatley presented samples of other cities who have i newcomers guides . Mr. Flatley responded to Commissioner Cook ' s request on where the money would come from for this by explaining that contingency funds could be utilized. A motion was made by Commissioner Bertino to approve a i one page ad. `j Commissioner Bertino' s motion died for lack of a i second. A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve a 1/3 ad page in the Chamber of Commerce Annual Directory. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i UNDER ITEM 11. 5 COMMISSION COMMENTS, A MOTION WAS MADE TO APPROVE A 1 PAGE AD IN THE CHAMBER OF COMMERCE ANNUAL DIRECTORY AT A COST OF $805.00. 6.2 Request payment of. $9 , 677 .75 to Edward Curtis for professional services in conjunction with the South Runway Expansion D.R. I . City Manager Flatley reminded the Commission that they have previously approved the expenditure of $10, 000 for the professional services of Curtis & Curtis for the South Runway Expansion D.R. I . legal processing. Mr. Flatley requested to pay the first invoice from Curtis J & Curtis of $9, 677 .75 that has been covered under the first $10,000 expenditure approval . Mr. Flatley expressed the serious impact this project has on Dania REGULAR MEETING 9 OCTOBER 9, 1990 11 i 7 directly and requested to retain Curtis & Curtis for I further legal advise . Mr. Flatley suggested to authorize an additional $10 , 000 maximum expenditure with reports to be brought back periodically to the City Commission. � 4 Commissioner Cook expressed her concern for the high attorney fees and requested clarification on how j payment was to be made to Curtis & Curtis . f City Manager Flatley presented a brief overview on the progress that has been made with the assistance of ! Curtis & Curtis and reported that the present invoice from Curtis & Curtis covers the services rendered in accomplishing the following: 1 . The City has been instrumental in delaying the public hearing process as things were moving to swiftly and information was not being made available on the 1 project; i 2. The City has been able to solidify the issues with the County so that they have to come up with a preferred runway program; i 3. The City has been able to establish that the County has to come up with criteria restricting the South Runway such as curfewing it at night and restricting it to stage III aircraft; i 4 . The City has accomplished the need for environmental impact assessment; 5. The City has been able to establish a need for a new 1995 Contour Line Study and new Part 150 Study. Commissioner Grace expressed her opposition to paying these high amounts for legal assistance from Curtis & Curtis. I Craig Leonard ; representing the NE section of Dania, expressed opposition to attorneys involvement in this issue. Vice Mayor Mikes explained that there is a tremendous interest to Dania in this legal battle as the County has the potential to take certain property that could j be future tax base for the City of Dania. Vice Mayor Mikes expressed the need to retain Curtis & Curtis due to their aviation expertise in this matter and also felt that there is a need to keep track of the high i billing by completing some tasks in-house if possible. j Commissioner Bertino expressed the need to address these issues in court as a means to protect residential 1 homes in the impacted area and stated that the legal fees to accomplish this will , unfortunately, cost the 1 City alot of money. i i Commissioner Cook expressed her concern for the amount of monies that have already been spent on legal 1 assistance in this matter and the need to monitor the fees from the attorneys . Concerned Dania residents stepped forward to express the need to continue with legal assistance, the need to watch the high legal charges and the need to protect the residents in the NE, Melaleuca Gardens , and newly annexed property west of the City that are directly � 1 . affected by the expansion of the airport. 14 I REGULAR MEETING 10 OCTOBER 9, 1990 ... .. ...•:.n.:4MaJ..iag2:Wtlti"+! sRq.`abY y -�' j�� f 1 . i k Vice Mayor Mikes expressed the need to fight the County with legal expertise in this project as the impact on I Dania is very significant. ; Commissioner Cook requested the record to show that she I" was only questioning the statement from Curtis & Curtis for clarification of the services rendered but that she did not say she wasn ' t interested in pursuing the fight against the airport. 4 Y A motion was made by Commissioner Bertino, seconded by Commissioner Cook to approve the payment of $9 , 677 .75 j to Edward Curtis for professional services in f conjunction with the South Runway Expansion D.R. I . j 1 The motion passed on the following roll call vote: 1 9 Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-no ? 6.3 Request City Commission consideration of continuing the services of Edward Curtis beyond the $10,000 limit set by the Commission. j A motion was made by Commissioner. Bertino, seconded by I Commissioner Cook to approve continuing services of Edward Curtis for an additional $10,000 over the $10,000 limit previously set by the Commission . The motion passed on the following roll call vote : w- Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes jCommissioner Grace-no 7 . DISCUSSION j j 7 . 1 Broward County Planning Council action on a aJ Trafficways Amendment to delete SE 5 Avenue from the Trafficways Plan. (Comm. Cook) I Commissioner Cook reported that on September 27 , the 1 Broward County Planning Council took action to delete the 106 ' traffic right-of-way on SE 5 Avenue between Sheridan Street and Dania Beach Boulevard from the Trafficways Plan. Commissioner Cook mentioned that this street will remain a two lane street and that SE 14th Avenue going into Hollywood was also deleted from the Trafficways Plan. 7 . 2 Initial R.A. P. program is scheduled for Saturday, f October 13, 1990 , in several sections of Dania . (Comm. Bertino) i j Commissioner Bertino reported that the R.A. P . (Reconstructive Awareness Program) will begin in the City of Dania on October 13 and mentioned that it involves youthful offenders participating in community service activities to help clean up Dania. I Kurt Ely mentioned his opposition to bringing youth from outside Dania which may possibly encourage them to continue their criminal activity in Dania. Commissioner Bertino continued to express the benefits to the youth themselves and to obtaining free labor to j cleanup the graffiti in the City. Mayor McElyea expressed his opposition to this program due to the type of individual that will be involved in REGULAR MEETING 11 OCTOBER 9, 1990 V ":F7 71 this program. Mayor McElyea felt that there is potential danger to residents. A motion was made by Commissioner Cook to continue this item to the next regular meeting. Commissioner Bertino reminded Commissioner Cook that this program has i already been approved and that a motion isn' t (' necessary. f Commissioner Bertino read a memo from Sergeant Cloud, BSO to Captain Carney, BSO Dania District IX explaining i the R.A.P. program for better clarification on what type of individuals are involved. Commissioner Bertino expressed the need to assist youth in the County in an effort to deter them from this type of lifestyle . i Commissioner Grace expressed the need to help these I children receive a second chance to learn not to continue with their present criminal activity. Captain Carney, BSO District XI , explained that this 1 program is helpful in cleaning up the graffiti in the City, they receive physical training by a Marine Sergeant , they are supervised by sworn deputies and taken to work sites to perform the work and are not let out of the deputies site . Captain Carney explained j that this program has been implemented throughout the [ County and that law enforcement has achieved great success with the youth. , Captain Carney explained that the three phases involve the physical exercise, the community work and �r counseling as a means to turn these children around before it is too late. Captain Carney expressed the benefits to the children and to the City. Captain Carney stated that this program will be conducted one Saturday per month in Dania for the community work phase of the program only. A motion was made by Commissioner Bertino, seconded by x Commissioner Cook to reconfirm that Dania will institute the R.A.P. in Dania and that the individuals involved in the program will not exceed 15. The motion passed on the following roll call vote: !, 1 Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-no Commissioner Grace-yes 7 . 3 Litter prevention grant program for 1990-91 . (Comm. Bertino) s j Commissioner Bertino mentioned that Dania has an opportunity i to obtain grants up to $25, 000 in a year to be used for j litter prevention . City Manager Flatley requested to have an opportunity to review the application requirements for this grant program j prior to Commission acceptance . A motion was made by Commissioner Bertino, seconded by Commissioner Cook to refer this grant program to the City Manager for review and to continue to the next regular meeting of October 23, 1990. The motion passed unanimously. 7 . 4 Discussion on renewing the Aquatic Systems contract for 1 cleaning selected lakes in the City. I r REGULAR MEETING 12 OCTOBER 9, 1990 , , 1 i City Manager Flatley expressed a need to meet with each association of the Meadowbrook Lakes Condominiums to obtain a written response as to whether they wish the City to be responsible for cleaning their lake . t A motion was made by Commissioner Bertino, seconded by Commissioner Cook to direct City Manager Flatley to obtain written confirmation from each association of the Meadowbrook Condominiums on whether they wish the City to be F responsible for cleaning their lake. The motion passed i unanimously. E ITEM 7.5 WAS HEARD AFTER ITEM 1.9 ADDENDUM ITEM 4 7 . 5 Review of SP-08-89 (Katzin Warehouse) at Taylor Road/NE 7 Avenue - time has elapsed on variance granted. Marcia Beach, attorney with Holland & Knight , stepped forward to represent Michael Katzin regarding his expiration of the variance granted on March 28, 1989. Ms . Beach requested an additional 18 month extension on SP-08-89 as they have been in the process of obtaining dredge and fill permits and working out a mitigation plan on the northern part of the site. j A motion was made by Commissioner Cook, seconded by f Commissioner Grace to grant the extension on SP-08-89 for an additional 18 months for the Katzin Warehouse. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i AT THIS TIME„ THE COMMISSION RETURNED TO 9.1 i j7 . 6 Request to approve ranking of engineering firms so negotiations may begin for a general engineering services contract . j A motion was made by Commissioner Bertino, seconded by I Commissioner Cook to approve the ranking of engineering firms as follows so negotiations may begin for a j general engineering services contract : 1 . Berry & Calvin, Inc. (Hollywood, F1) 2. Craig A. Smith and Associates (Pompano Beach) f 3. Keith & Schnars , P.A. (Ft . Lauderdale) The motion passed unanimously. 7 .7 City Manager Flatley informed the Commission that j the City has received a grant to purchase a $10, 000 I { Life Pac for the Dania Fire Rescue Department . 7 . 8 Discussion of the City' s program to generate a i positive vote for Dania on November 6 . City Manager Flatley mentioned that he would like to mail out a new brochure called "Dania Now" to approximately 1 , 000 registered voters in the proposed annexation area, Melaleuca Gardens and NE section who are impacted by the transformation of the South Runway to commercial traffic. Mr. Flatley explained that the cost for two mailings would be approximately $2, 000 and that it will be mailed out prior to the November 1 scheduled meeting on the Runway Expansion. � REGULAR MEETING 13 OCTOBER 9, 1990 ! I� Mr. Flatley informed the Commission that a cookout has been scheduled October 27 at 6: 30 p.m. at Dania City Hall in an effort for residents in the proposed annexation area to meet residents in Dania. Mr. Flatley mentioned that there will also be a "Red Ribbon I Ceremony" in cooperation with BSO. Mr. Flatley reported that two Dania "Watch Us Grow" f signs have been installed; one in front of the Tropical Acres Restaurant and one in front of the Spiced Apple Restaurant . Mr . Flatley mentioned that the "Vote Yes" i handouts are being 1 g placed in various locations in the r City and suggested that the Commission tour some of the neighborhoods the weekend before the election to distribute "You and I Make Dania Beautiful" tee shirts. j Mr. Flatley mentioned that the members of the Broward ! County Planning Council will be available at the November 1 meeting scheduled on the Airport Expansion Project to receive input from Dania citizens . j Mr. Flatley stated that lie will go forward with the projects described unless the Commission has other suggestions or opposition . r Vice Mayor Mikes commented on the need for citizen ! involvement in the meeting scheduled November 1 regarding the Airport Expansion Project as the property values of the homes in the impacted areas could be decreased by the County by 25 to 30% if they are allowed to go forward with the expansion. Vice Mayor Mikes mentioned that Dania has had to carry the majority of the burden for the fight to protect residents in the airport area as Ft . Lauderdale has not taken a strong position against the County or Airport . After further discussion, Vice Mayor Mikes suggested sending the brochure in an envelope with a personal letter from the Mayor or City Manager. 8. APPOINTMENTS 8 . 1 Adoption of resolution appointing Utilities Director. 1 City Manager Flatley informed the Commission that the applicant , Paul Lee, has advised him that he now requires a starting salary above $50, 000 . fi Due to the fact that the City cannot afford Mr. Lee 's salary request , the Commission decided to conduct ! another workshop meeting to review again the qualifications of the other candidates that have already been interviewed for the position of Utilities Director. i ! j 9. CITIZENS' COMMENTS - None i 10. ADMINISTRATIVE REPORTS 10. 1 City Manager ! 10. 1 . 1 City Manager Flatley reminded the Commission that the next workshop meeting is scheduled for October 16 at 8 :00 p.m. 10. 1 .2 City Manager Flatley commended Wanda Mullikin, Marie Jabalee and their staff for winning the General Finance Officers Award for the second consecutive year. Mr. Flatley mentioned that a plaque will be presented to the City in a couple months . REGULAR MEETING � 14 OCTOBER 9, 1990 j 10. 2 City Attorney - no comments 11. COMMISSION COMMENTS 11 . 1 Commissioner Bertino C Commissioner Bertino mentioned the tree planting } ceremony that took place at Griffin Park in memory of jPat Mealy' s wife , Helen. Commissioner Bertino { commended Mr. Mealy for his involvement in civic work in the area west of the City. I , , Commissioner Bertino mentioned that Collins Elementary V School is going to be involved in his Military Honor i Roll Program. Commissioner Bertino said that pictures of students who attended Collins Elementary that are involved in the military will be displayed in the cafeteria of the school to give students good roll , models. Commissioner Bertino requested City Manager Flatley to I y properly remove the tree limb from Judy Usifer' s tree . t Commissioner Bertino requested that the video camera being used for Code Enforcement also be used for variance requests . 6 4 11 .2 Commissioner Cook = Commissioner Cook mentioned the success of the beautiful ceremony for Helen Mealy and informed the Commission of the many political personalities that attended. Commissioner Cook mentioned that she has received many calls regarding trash problems in the City and that the street lights continue to be a problem. 11 . 3 Commissioner Grace Commissioner Grace expressed her apology for not being able Lo attend the Helen Mealy ceremony as she was working in Fort Lauderdale. Commissioner Grace informed the Commission that Myrtle Corbin' s mother has passed away. Commissioner Grace reconfirmed her concern for the residents who are being impacted by the Airport Runway Expansion. 11 . 4 Vice Mayor Mikes I Vice Mayor Mikes requested the City Manager to look into Berry & Calvin applying to the Army Corp of Engineers for permits to install two pilings at the if Melaleuca Gardens Boat Ramp. Vice Mayor Mikes suggested to use 10" pressure treated timber for the pilings . i 11 . 5 Mayor McElyea Mayor McElyea suggested to return the intercom system that has been used on a temporary basis over the past few weeks as he doesn' t feel the Dania City Commission has a need for it. Bill Hill commented on enforcing harsher penalties to J deter the graffiti problem in the City. Kurt Ely commented on the nice park bench design at „t! j Mullikin Park. REGULAR MEETING 15 OCTOBER 9, 1990 ry , 7 i Kurt Ely requested the Commission to reconsider the action taken on the size of the ad in the Chamber of Commerce Annual Directory from a 1/3 page to a full F page ad. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to reconsider agenda item 6.1 regarding the size of the ad that the City will place 1 in the Chamber of Commerce Annual Directory. The f motion passed unanimously. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to use the logo that will be used for the National League of Cities and to advertise a full page ad in the Chamber of Commerce Annual Directory at a cost of $805. 00 . The motion passed unanimously. I City Attorney Adler suggested to have a new plaque placed at Mullikin Park in commemoration of Sidney Mullikin who was killed in the Korean War and due to his heritage in Dania. Mayor McElyea suggested to have this discussion placed on the workshop meeting of i October 16. This regular commission meeting was then adjourned . i j f xYOR-C OMM T SS ER zlez jj CITY CLERK-AUDITOR a 1 { i d r r REGULAR MEETING 16 OCTOBER 9, 1990 a sa: r AGENDA DANIA CITY COMMISSION j REGULAR MEETING OCTOBER 9, 1990 8 :00 P.M. INVOCATION ROLL CALL e PRESENTATIONS * Margo Tayss and the Memorial Hospital Blood Bank Program (Comm. Cook) * Beulah Lair and the Public Awareness Gathering scheduled for Wednesday , October 10, 1990, to emphasize need for school zone flashing lights . j (Comm. Bertino) 1 . CONSENT AGENDA Minutes i 1 . 1 August 27, workshop meeting 1 . 2 September 10, workshop meeting 1 . 3 September 19, workshop meeting 1.4 September 25, regular meeting } Resolutions 1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, INSTRUCTING ITS VOTING DELEGATES TO THE NATIONAL LEAGUE OF CITIES CONVENTION AND I THE FLORIDA LEAGUE OF CITIES CONVENTION TO REFRAIN FROM VOTING FOR OR OTHERWISE PARTICIPATING IN THE ENDORSEMENT OF CANDIDATES { '� FOR PUBLIC OFFICE. " (vice-Mayor Mikes) 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN CONTRACT BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 3535 AND THE CITY OF DANIA, COVERING THAT PERIOD FROM OCTOBER 1 , 1990 THROUGH i SEPTEMBER 30, 1991 ; AND PROVIDING FOR AN EFFECTIVE DATE . " 1. 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN SERVICE AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA AND NICK NAVARRO, AS SHERIFF OF BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.8. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING CURTIS & CURTIS LAW FIRM TO BEGIN THE NECESSARY LEGAL PROCESS TO CAUSE THE BROWARD COUNTY AVIATION DEPARTMENT TO RELEASE THE DATA USED TO GENERATE THE 1995 NOISE CONTOUR LINES AND THE SINGLE EVENT PROFILES; AND PROVIDING FOR AN EFFECTIVE DATE,." 2. PROCLAMATIONS - none 3. BIDS (8: 15 p.m. ) 3. 1 Receipt of bids for Cemetery Sprinkler System 1 � f 4 . PUBLIC HEARINGS ( final readings) 4. 1 Petitioner/Owner - Bruno Laurenti; property located at 243 SE 5 Street (CONTINUED FROM 9/25/90) Public Hearing - VA-49-90 - A variance is requested to allow the erection of a 6 ' fence in the front yard (4 ' maximum permitted) . 4 . 2 Petitioner/Owner - Bryan Beckwith; property located at 140 North t Federal Highway (CONTINUED FROM 9/25/90) Public Hearing - VA-50-90 - The following variances are requested to allow the construction of a flat wall sign: a) 224 sq. ft. (8 ' x 281 ) in size (40 sq. Et. permitted) ; 4 b) horizontal dimension of 28 ' ( 15' maximum permitted ) ; c) sign content (only name of business is permitted) . 4. 3 Petitioner/Owner - Gabriel M. Bove , the Stellar Group; vacant property located on the north side of SW 31 Street, east of SW 26 Terrace (CONTINUED FROM 9/25/90 ) A) Public Hearing - VA-53-90 - The following variances are requested to allow the construction of a warehouse distribution structure: a) a 10 ' rear yard setback ( 20 ' setback required) ; b) 50 parking spaces ( 67 spaces required) . B) SP-54-90 - A site plan approval is requested for a warehouse distribution facility. 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 6-17 , ARTICLE I , CHAPTER 6, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "OPERATING A BOAT NEAR BEACH" ; AND 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. " (Comm. Cook) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 5. 36, ARTICLE 5, CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF x 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. " (fences) (Comm. Grace) 6. EXPENDITURE REQUESTS 6. 1 Request to place a City of Dania ad in the Chamber of Commerce Annual Directory. 6. 2 Request payment of $9 ,677. 75 to Edward Curtis for professional services in conjunction with the South Runway Expansion D.R. I . 6. 3 Request City Commission consideration of continuing the services of Edward Curtis beyond the $10 ,000 limit set by the Commission. 7. DISCUSSION 7. 1 Broward County Planning Council action on a TrafEicways Amendment to delete SE 5 Avenue from the TrafEicways Plan. (Comm. Cook) 7. 2 Initial R. A. P. program is scheduled for Saturday, October 13 , 1990, in several sections of Dania. (Comm. Bertino) 2 J 7. DISCUSSION (continued) 7. 3 Litter prevention grant program for 1990-91 . (Comm. Bertino) 7. 4 Discussion on renewing the Aquatic Systems contract for cleaning selected lakes in the City. 7 . 5 Review of SP-08-89 (Katzin Warehouse) at Taylor Road/NE 7 Ave .time has elapsed on variance granted. 7. 6 Request to ap prove pprove ranking of engineering firms so negotiations f may begin for a general engineering services contract. ! y 7. 7 Grant request for a $10,000 Life Pac was granted the City. i 7. 8 Discussion of the City' s program to generate a positive vote for Dania on November 6. 8 . APPOINTMENTS ' 8. 1 Adoption of resolution appointing Utilities Director. i 9. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties Y i that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the second ( 2nd) and fourth (4th) Monday of each month. Comments of any nature will 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 meeting. + 10. ADMINISTRATIVE REPORTS 10. 1 City Manager { 10. 1 . 1 Reminder that October 16 (8 p.m. ) is next Commission t workshop. on i 10. 1 . 2 General Finance Officers Award - The City won this award for the second consecutive year - plaque to be presented to the City in a couple months. -a•a� 10. 2 City Attorney 11 . COMMISSION COMMENTS 11. 1 Commissioner Bertino 11 . 2 Commissioner Cook 11. 3 Commissioner Grace 11. 4 Vice Mayor Mikes 11. 5 Mayor Mc Elyea ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION i WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS , AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i 3 1 I I k ADDENDUM DANIA CITY COMMISSION REGULAR MEETING OCTOBER 91 1990 i 1 . CONSENT AGENDA (continued) 1 . 9 Adoption of resolution approving grant agreement between the State of Florida Department of Natural Resources and the City of Dania , relating to a bike path. (Comm. Bertino) I I I j 4 1 II i I i 4