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HomeMy WebLinkAbout1991-10-08 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING OCTOBER 8 , 1991. INVOCATION BY ROBERT FLATLEY PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Bob Mikes Vice Mayor: Charles McElyea Commissioners: Bill Hyde Bobbie Grace John Ber. tino City Attorney: Frank Adler City Manager: Robert Flatley Dep. City Clerk: Marie Jabalee City Manager Flatley reported that today' s flooding thru out the area has reached a designation of a "Hundred Year Storm" since rainfall has exceeded 14 inches in some areas. Mr. Flatley known for being a high tide month which has caused water to mentioned come from the ocean inland in combination with the flooding. He J that there is no storm system that can account" for a storm like this and commented on the City of Dania Southeast Drainage Study in process. PRESENTATIONS I 1 CONTINUED VIDEO PREMIER TO OCTOBER 22, 1991 REGULAR MEETING AT 7 : 15 P.M. 1 * (7:15 P.M. ) "Discover Dania" - star premier featuring the citizens of E Dania as stars of a new film to debut tonight. Sponsored by Jones search light, popcorn , Intercable - li.ght refreshments to be served - }'. photos - don' t. miss it. *Commander Tom Carney and Red Ribbon Day (10 26-91) at Modello Park (Noon - 5 p.m. ) ; also, Kiwanis Club/BSO Safe House Program Captain Carney reported that October 1.9 thru 27 has been designated as II "Red Ribbon Week" . He mentioned that the Urban League is sponsoring a "Red Ribbon Jamboree" on October 19 and that the City will be sponsoring a barbecue on October 26 at Modello Park. fie advised that the poster contest involving school children for the "Red Ribbon Week" was denied ' by Dr. Orr of the School Board due to other projects that the children were involved in. Captain Carney advised that the Kiwani.s Club is moving ahead with their "Safe House Program" and expects the plaques to be ready in two weeks. Captain Carney advised that the Broward Sheriff' s Office will begin the "Feeding of the Poor" program on October 19. Commissioner Grace mentioned that the City Manager has approved the use of a 49 passenger bus to take children from the different parks in the City to the Radisson Center to see a wrestling match on October 19 . Captain Carney mentioned that Sgt. Bill Cloud has been chosen to receive the "Deputy of the Month" award for the month of September . He commented on Sgt. Cl.oud' s involvement with the arrests of three individuals that shot and killed a young man at Modello Park on September 22, 1991 . Commissioner Grace commented on a recent. t.elevisi.on program showing how drugs affect all. types of children and the major problem this has created on all citizens . Captain Carney expressed appreciation to the Chamber of Commerce for sponsoring the "Red Ribbon" program again this year. REGULAR MEETING 1 OCTOBER 8 , 1991. i I F. City Manager Flatley expressed appreciation to John Calvin and Dennis Giardano, Berry & Calvin Engi.necrs, for sponsoring the food and drink for the barbecue scheduled October 26. fie stated that Thomas being Grammer will be standing in for Frank Adler in cooking the tonights meeting is being gaped and will be Mr. Flatley mentioned thatp.m. on Channel 44 due to an accident that aired tomorrow night at knocked out the Jones Intercable main transmission pole on Griffin Road. Commissioner Bertino commended BSO for their efforts .in the Red Ribbon" program and expressed displeasure towards the Broward County School System for their lack of support . I . CONSENT AGENDA Minutes 1.1 August 20 , workshop meeting 1.2 September 10, regular meeting 1 .3 September 11 , special meeting 1.4 September 24 , regular meeting Bills 4,. 1.5 Approval of brills in August , 1991 Resolutions Florida, approving application 1 .6 A Resolution of the City of Dania , l for permit by the City of Dania to State of Florida Department of ce at. Transportation for Landscap1ganaintenaneffectDveldateach Boulevard and A-1-A Interchange; and providing for an 1.7 A Resolution of the City of Dania , Florida, approving application x 'I for permit by City of. Dania to State of Florida Department of '•1 Transportation for landscaping and maintenance aidi for an effective date. C State Road 84 from I- 95 West to New River Bridge; and providing 1 .8 A Resolution of the City of Dania, Florida, urging the U.S. Congress to amend the Fair Labor Standards Act: by excluding the public sector from provisions thereof; and providing for an effective date. 1.9 A Resolution of the City of Dania, Florida, amending giits General changes Fund Budget for the fiscal year , 1990-91 , lyrmakingilinons or parts of tem between departments; and providing that resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. issioner Grace:, seconded by Vice Mayor McElyea A motion was made by Comm to approve the consent agenda. The motion passed on the following roll call vote: Vice- Mayor McElyea-yes Commissioner Bertino-yes ?favor Mikes -yes Commissioner Hyde-yes Cotmnissioner Grace-Yes 2. PROCLAMATIONS - none 3. BIDS 3.1 Award of bid for Water Treatment Plant renovations City Manager Flatley advised that Ci.ty Engineers , Berry & Calvin , have recommended to award the bid to R .J . Sullivan Corporation in the amount of $815, 000. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to award the bid for Water Treatment Plant renovations to R.J . Sullivan Corporation in the amount of $815 , 000 . REGULAR MEETING 2 OCTOBER 8 , 1991 1 i The motion passed on the following roll. call vote : Commissioner Bertinn-yes Vice-Mayor McElvea-yes Commissioner Hyde-yes Mayor Mikes-Yes Commissioner Grace-Yes 9 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 .1 An Ordinance of the City of Dania , Florida, amending Section 13- 69 (i) (2) , Article IV of Chapter 13 , of the Code of Ordinances to the City of Dania, Florida, changing penalty charge for failure to dispose of trash within three day limitation from 1.00% to 50% of charge; 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. (Second Ordinance Reading) Vice Mayor McElyea commented on the need to reduce the penalty charge for failure to dispose ,of trash within three days and the need to enforce this penalty for all citizens with no exclusions . 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 Vice Mayor McElyea , seconded by Commissioner Bertino to adopt this ordinance on second reading . Commissioner Hyde concurred with Vice Mayor McElyea with the Ci.ty ' s need � to not be selective in penalizing violators . ti The motion passed on the following roll call vote: a t �. t Commissioner Bertino-yes Vice--Mayor McElyea-yes Tj Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 .2 An Ordinance of the City of Dania, Florida, amending Section 15-12, of the 1980 Code of Ordinances of the City of Dania , Florida , entitled "License Fee Schedule" by adding the classification of "Communication Towers thereto; 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. (Second Ordinance Reading) (Continued from 9/24/93.) Will Allen , Growth Management Director , advised that the City has adopted an ordinance adding the classification of "Communication Towers" to uses under the special exception category in several zoning districts . Mr. Allen stated that he feels the cost to conduct two annual inspections to check the landscaping requirements for these towers would be in the range of $200-250 and he didn ' t know of any FAA requirements or other extraordinary expenses at this time . Mayor Mikes commented on the operation of these towers being unique and the possibility of the City incurring liability in the future. He reminded the Commission that the City is governed by State Statute in regards to occupational license fees and expressed concern for not being able to increase the fee once it is set . Commission comments were expressed on the need to be reasonable in setting the charge and the Mayor ' s concerns that these facilities will be potential problems in the future . A motion was made by Commissioner Hyde , seconded by Commissioner Bertino to amend Section 1 (C) of the proposed ordinance reducing the Communication Towers fee from $1 , 000 to $500 . The motion passed on the following roll call vote: Commi-ssioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes REGULAR MEETING 3 OCTOBER 8 , 1991 F 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 Bertino, seconded by Commissioner Grace to adopt the ordinance on second reading as amended . The motion passed on the following roll call. vote : Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4.3 A Resolution of the City of Dania, Florida, authorizing the transmission of a Land Use Plan change from Commercial. Recreation (16.6283 acres) and Residential Low Medium 1.0 (13.1654 acres) to Commercial on a parcel of land containing 29.7937 acres more or less, located at the southwest corner of Griffin Road and SW 31 Avenue, containing the following described lands lying within Section 31, Township 50 South, Range 42 East, Broward County, Florida: all of Lot 3, and portions of Lot 4, 5 and 6, Block 1 in Section 31 , according to the "Subdivision of Section 28 , 29, 31 and 32, Township 50 South, Range 42 East" , as recorded in Plat Book 2 at page 32 of the public records of Dade County, Florida, lying in Broward County, Florida, and Block 1, Block 2 and a portion of Block 3 of "Donna Subdivision" , as recorded in °'' Plat Book 55, Page 24 of the public records of Broward County, Florida, all being more particularly described as follows : begin at the northeast corner of said Section 31; thence south 00018 ' 53" West, along the East line of said Section 31, (assumed bearings) 1344 . 10 feet; thence South "! 89037 ' 16" West, 673 .39 feet to a point of curvature of a circular curve kconcave to the Northeast; thence Westerly and Northwesterly along the arc of said curve, having a radius of 425 feet and a general angle of r 39003' 05" , for an arc distance of 252.28 feet to a point on a curve 11 concave to the West, (radial to said point bears South 54057 '19" East.) ; `.6 thence Northeasterly, Northerly and Northwesterly along the arc of said curve having a radius of 50 feet and a central angle of. 86037 ' 4011 , for an arc distance of 75.60 feet to a point of reverse curvature of a circular curve concave to the Northeast; thence Northeasterly and Northerly along the arc of said curve, having a radius of 375 feet, and a central angle of 52104 ' 11" , for an arc distance of 340.80 feet, to a point of tangency; thence North 02029 ' 13" East, 699. 31 feet to an intersection with the South plat limits of "Donna Subdivision" ; thence North 87030 ' 47" West, along said South plat limits 1053. 55 feet to an intersection with a Southerly prolongation of the East line of Lot 2, Block 3 of said "Donna Subdivision"; thence North 02020 ' 13" Fast, along said prolongation of the East line of Lot 2 and a Northerly prolongation thereof, 253 feet to the North line of said Section 31; thence South 87030' 47" East, along the North line of Section 31, for 2071.01 feet to the point of beginning; said lands situate, lying and being in the City of Dania, Broward County, Florida; and providing that all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. (First Public Hearing) Ed Stacker, Attorney with Ruden, Barnett: , et al, came forward to represent petitioner Berry & Calvin and property owner Banyan Management Corporation. Mr. Stacker explained that he will present; an extensive presentation on this request if the Commission desires but reminded them that the actual approval of the land use plan amendment will most likely be back before them in late summer of 92 due to the lengthy process involved. He then informed them that the request involves 30 acres of land situated on the Southwest corner of Griffin Road and SW 31 Avenue and a portion of a 275 acre tract known as "Oakridge Property" . Mr . Stacker advised that this property was annexed into the City in accordance with the legislative action and referendum in 1990 . Mr. Stacker advised that the Dania Planning & Zoning Board recommended adoption of this resolution transmitting this land use plan change to the Broward County Planning Council , Board of County Commissioners and State of Florida Department of Community Affairs for their review. This request will involve two public hearings before the Broward County REGULAR MEETING 4 OCTOBER 8 , 1991 Y. Planning Council and an actual ordinance that will come back before this Commission for consideration of both a CitY Land Use Plan amendment and a County amendment . Will Allen, Growth Management Director, clarified that this request is for the transmission of a land use plan change and not an approval of the amendment . He stated that the request will come back for approval at a later date n accordance with Chapter 163 of the Florida Statutes to theprocedures . Mr . Allen advised that amendmenCsear and thatprehe thes�deadlinan isive may not be made more than two times during a Y for transmission is November 1 . Mr. Allen stated that the Planning & Zoning Board did review this proposed amendment and felt it meets concurrency requirements and that the proposal shows less demand for water and sewer services than the existing land use designation . Mr. Allen then commented on the proposed uses submitted by the petitioners and advised that his recommendation is to approve the transmittal of the land use change to Commercial. . Discussion followed with Mr . Stacker regarding the petitioners plans to obtain the land use change with the intention to market the proposed development , Mayor Mikes opened the public hearing. Alex Buchsbaum expressed approval of developing this property and Jay Fields commented on the need to enforce the correct development of these types of projects . Hearing no further comments , the Mayor closed the public hearing . a A motion was made by Commissioner Hyde, seconded by Commissioner Bertino this resolution authorizing the transmission of a Land Use Plan to adopt 1 k Change (LthisU-49 91) from Commercial Recreation (16 .6283 Acres) and 't Residential Low Medium 10 (13 .1654 Acres) to Commercial as requested by Banyan Management Corp for property known as "Oakridge" . 3 The motion passed on the following roll call vote : �.s Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes Commissioner Hyde-yes 5. SITE PLANS - None 6. EXPENDITURE REQUESTS 6.1 A Resolution of the City of Dania , Florida , approving that certain proposal for professional planning services between the City of Dania and Leigh Robinson Kerr & Associates, Inc. , relating to Land Use Element Certification; and providing for an effective date. City Manager Flatley advised that the Citv is required to have the Land Use Plan certified by the Broward County Planning Council and that there is a need for professional planning services to complete this requirement . Mr . Flatley recommended approval due to Mr. Kerr being involved in handling this Certification for other cities , since he knows Dania ' s plan and based oil monies being budgeted for $4 ,750 . Mr . Flatley stated that the certification of Dani.a ' s plan is based upon the intent of annexation of lands north of State Road 84 . Mr. Flatley responded to Commissioner Bertino' s question on if this can be handled by staff by explaining that, there isn ' t enough time or manpower to complete this service . Mayor Mikes expressed the need to cut costs anywhere possible by having services conducted by staff but mentioned the need to use outside professionals in some cases who have information relating to other municipalities that would not be available to City staff . Mayor Mikes mentioned information recently obtained from a sewer rate study by Rachlin & Cohen that has increased revenue to the City by $100 , 000 due eliminating a discount granted to businesses . REGULAR MEETING 5 OCTOBER 8, 1991 - y Y. Mr. Flatley encouraged Commission and citizen particioati.on at a meeting with the Marina Mile Association and area representatives on October 17 at 9 : 30 a .m . at the Holiday Inn on State Road 84 . A motion was made by Commissioner Grace , seconded by Commissioner Bertino to defer adoption of this resolution approving clloherexpenditure to a workshop meeting tentatively scheduled Tuesday, 15 . The motion passed on the following roll call. vote: Vice-Mayor McElyea -yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Grace-yes Commissioner Hyde-yes 7 . DISCUSSION 7 .1 Dania Chamber of Commerce request to review certain sections of the recently passed Ordinance No. 34-91 relating to graffiti . Kurt Ely, on behalf of the Board of Directors for the Chamber of Commerce , commented on the need for the City to attempt to control the graffiti problem in the City but wasn ' t aware of the requirements in the ordinance relating to having to paint each business property 9 ' high and the high cost of the paint to be used . Mr. Ely mentioned the one type of paint that can only be used one time after washing the graffiti off which requires repainting and the expense of the other type that requires professional application and pressure cleaning graffiti . Dland y graffiti . Mr . Ely explained his suggested changes to yI in the Ordinance relating to allowing a business to use any paint they wish as long as they maintain the graffiti area and not necessarily to a being required to use the expensive graffiti paint and relating time allowance to comply as described in the ordinance . n• Mayor Mikes commented on the need to require this on site plan approvals and mentioned that there was no adverse reaction from the public when the ordinance was adopted . A motion was made by Commissioner Bertino, seconded by Commissioner jGrace to reconsider. Ordinance 34-91 at the next regular meeting of f October 22 , 1991 . The motion passed on the following roll call vote: ' vice-Mayor McEl.yea-_yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Grace-yes Commissioner Hyde-yes 7 .2 McLaughlin Engineering requests approval to waive platting requirement and file petition to vacate street located within Ocean Waterway Mobile Home Park . Bob Mclaughlin, McLaughlin Engineering, came forward to request approval of this vacation in order to satisfy the needs of the adjacent property owner and the City' s Fire and Police protection requirements. He explained that the owner would be asked to give back an easement of the existing pavement to allow a secondary access to the DCOTA (Design Center of the Americas) property in the evant of emergency. Commissioner Bertino mentioned his understanding that DCOTA is objecting to the vacation of this right-of-way. Mr . McLaughlin explained that the attorney for DCOTA OTA i s in attendance a changeto tonight and that. they wi.11 be submitting an application their DRI in November . Mr . McLaughlin stated that the request tonight is a waiver of replatting requirements and not to approve the vacation. City Attorney Adler stated that: the request is to grant permission for McLaughlin Engineering to file the petition and waive the replatting requirements if and when the vacation is approved . Mr. Adler stated that the City will require a Certificate of Ownership from the title company to go along with the petition . REGULAR MEETING 6 OCTOBER S, Ml c c 4. Mr . McLaughlin agreed to tIIi.s request . A motion was made by Commissioner Bertino, secxmded by Vice Mayor McElyea to grant permission to file a petition to vacate street located within Ocean Waterway Mobile Home Park . The motion passed on the following roll call vote. : commissioner Bertino-yes Vice-Mayor McElyea- yes Commissioner Grace-yes Mayor Mikes-yes Commissioner Hyde-yes 7 .3 Andre & Karen Jacques requests approval to waive platting requirement and file petition to vacate portion of SW 27 Terrace abutting Lot 24, Block 5, Avon Heights. Russell Hayson, Esq. , representing Andre & Karen Jacques , came forward to request approval to file a petition for vacation of a portion of SW 27 Terrace which abuts lot 24 , block 5 of. Avon Heights . A motion was made by Commissioner Hyde , seconded by Commissioner Bertino to grant permission to file a petition to vacate portion of. SW 27 Terrace abutting Lot 24 , Block 5 , Avon Heights . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes commissioner Hyde-yes At this time, Commi-ssioner Grace requested permission to allow Andy Ingrams to address the commission regarding Dania hosting the Orange Blossom Classic in November. 3 Andy Ingram informed the commission that this is the first time the ? Orange Blossom Classic has come to Broward County. The game will be played on November 9 at Joe Robbie Stadium and will be shown statewide on Sunshine Network. Be explained that Dania and the Airport, Hilton • . have been selected to host the Southern University Football Team and requested in-kind service assistance. Mr. Ingram commented on the advantages an event like this will have on Dania due to the many regional and local advertisements, a city guide that will be placed in ' every hotel room, and 100 tickets to be set aside for Dania ^ disadvantaged youths. Commissioner Grace advised that Dania will be happy to cooperate in any way possible in support of this event but that Dania cannot donate the requested $5,000 due to budget restraints. City Manager Flatley mentioned the performance of the Marching 100 ' s of the Florida A&M Band which has set national precedent across the country. Mr. Flatley expressed the positive affects that this event would bring to the local youth. The Commission generally agreed to have Mr. Flatley meet with Mr. Ingram in assisting him in any way possible. 7.4 Reconsideration of the denial of palmistry/character reading license for Sonja Evans located at 537 S. Federal Highway. City Attorney Adler advised that the CommiSSiOu must fii.st make a motion to reconsider this item or they may address the item at: another meeting if they so choose . A motion was made by Commissioner Grace, seconded by commissioner Bertino to reconsider the denial of palmistry/character reading license for Sonja Evans . REGULAR MEETING 7 OCTOBER 8 , 1991 i 4, The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Grace-yes Mayor Mikes-yes Commissioner Hyde-yes John Evans , on behalf of his wife, came forward to request the Commission ' s approval of the palmistry/character reading license for Sonja Evans . Will Allen, Growth Management Di-rector, advised that there have been no violations placed against this business from BSO and that the fee to renew is $1 , 000 . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to grant the renewal of the palmistry/character license for Sonja Evans at 537 S . Federal Highway. Commissioner Bertino stated that the Commission is required to address this issue based on whether or not the person has viola Yp,d any laws and not whether the Commission members have belief in the type of business they conduct . The motion passed on the following roll call vote: W. Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Grace-no Mayor Mikes-yes Commissioner Hyde-yes 7.5 Reconsideration of the denial of palmistry/character reading license for Ruby McGill located at 330 S. Federal Highway. l � ?� Mr. Stephenson came forward to request reconsideration of the license a for palmistry/character reading for Ruby McGill . Commission comments were made regarding whether or not the motion to reconsider must be made by the prevailing side or from any Commission member . City Attorney Adler advised that since the vote at the last meeting was a 2/2 vote; it is proper for a motion to be made to reconsider from either side . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to reconsider the denial of the palmistry/character reading licence for Ruby McGill for property located at 330 S . Federal Highway. Will Allen reconfirmed that in checking with BSO, there have been no violations placed against this business . The motion passed on the following roll call vote: Commissioner Bertino- yes Vice Mayor McElyea-no Commissioner Grace-no Mayor Mikes-yes Commissioner Hyde-yes A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to grant the renewal of the license for Ruby McGill based on the fact that she is within her legal rights to request the renewal and no violations being placed against the business . Commissioner Hyde confirmed that this motion to approve ;foes not constitute any endorsement of any activity one way or the other. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mr_Elyea-no Commissioner Grace-no Mayor Mikes-yes Commissioner Hyde-yes REGULAR MEETING 8 OCTOBER 8, 1991 4. 7 .6 Request to erect a tent at Harbour Towne Marina for the annual. Billfish Tournament. John Stephens , member of Lhe Ft . Lauderdale Billfish Tournament Committee, explained that this organization is non-profit and stated the need for this event to help raise funds . He requested to erect a tent 40 'x80 ' in the parking lot of Harbour Towne Marina from October 24 thru October 27. Will Allen, Growth Management Director, explained that Section 33-44 of the Zoning Code does require permission by the Commission to erect a tent and that the size of the tent is 40x100 . He mentioned that the Commission has approved this event the last 8 times and that he knows of no problems that have occurred. Mr. Allen did express concern regarding whether there will be liquor served since Tug Boat Annies Restaurant is not in operation at the location . Mr. Stephens advised that Mario ' s East is catering the dinner on Sunday and the kick-off party on Thursday and that alcoholic beverages will be served at each event . Commissioner Hyde commented on his participation in this event and expressed his displeasure that the Committee has never mentioned the City of Dania in any of the promotional literature , tournament packages or any materials advertising this event . Commissioner Hyde then requested information from Mr. . Stephens in regards to the rules that will be used in this tournament in the event of bad whether. Mr. Stephens advised that the Committee did receive complaints for allowing fishing last year during bad whether and that it is the c Captain 's decision on when the fishing will begin. In response to why f Dania is not mentioned in advertisement materials, Mr . Stephens stated that Dania has not hosted this event that long when comparing the ,4 history of the event and the fact that Ft . Lauderdale donates trophies } l and funds the event . -' A motion was made by Commissioner Bertino, seconded by Commissioner Grace to grant permission to erect a tent, at Harbour Towne Marina for the annual Billfish Tournament . The motion passed on the following roll call vote: l Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes Commissioner Hyde-yes ITEM 7. 8 WAS HEARD AT THIS TIME ITEM 7 .7 WAS HEARD AFTER ITEM 7.8 7.7 Thirty-day review of an approval granted to Timothy A. Zechman to display a banner at the Florida Queen, 118 North Federal Highway. A motion was made by Commissioner Grace, seconded by Vice Mayor. McElyea to continue this item to the next regular meeting of. October 22, 1991 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes Commissioner Hvde-ves ITEM 7.9 WAS HEARD AT THIS TIME ITEM 7. 8 WAS HEARD AFTER 7 .6 REGULAR MEETING 9 OCTOBER 8, 1991 7 .8 Dania Airport Advisory Committee: Aviation Department proposal to further extend the south runway to 10, 000 feet in length instead of. 6,000 feet. Jay Fields , Chairman of the Dania Airport Advisory Board, came forward to display a map showing the proposed developments of the south runway at the Hollywood-Ft. Lauderdale Airport . Mr . Fields explained that the present runway is approximately 5 , 300 feet and that the new proposal will increase the runway by an additional 4 , 000 or more feet on the eastern portion of the City. Mr . Fields made comments in regards to the clear zone expectations , Stage 3 aircraft to be nsed , take off and landing concerns, environmental and noise concerns relating to the increased proposed runway extension and the impact on the Hollywood Harbour development . Jay Fields stated that the Airport Advisory Board recommends directing the City ' s legal consultants to prepare noise contours for the aircraft mix and the number of operations that are anticipated in order to have an independent source of information opposed to relying upon the Broward County Aviation Division in relation to the new developments . Mayor Mikes mentioned that he prepared a letter to Lori Parrish , Chairperson -- Broward County Commission , requesting that there be a delay in the mediation process for the 6 , 000 foot runway before tax payers monies are wasted on something that is obsolete . ry A motion was made by Commissioner Bertino, seconded by Vice Mayor 1` McElyea to send the letter prepared by Mayor Mikes dated September 27 , 1991 requesting a delay in the Airport D. R . I . Substantial Deviation review process through the South Florida Regional Planning Council . a The motion passed On the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes •_, Commissioner Hyde-yes Jay Fields mentioned the attempts by the Broward County Aviation Department to purchase air rights from certain residents in the area and requested a newsletter be sent out from the City informing residents of this . Mr. Fields explained that residents need to be aware that selling their air rights can affect, their property value . Commission comments were made in regards to the County ' s legal j responsibility in advising residents in regards to their air rights and whether notification is part of the grant requirements in expanding the airport . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to direct City Attorney to draft a letter of clarification to residents of Dania and all occupants of mobile home parks , in the area around the airport, explaining exactly what it means to sell their air rights . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Grace-yes Mayor Mikes-yes Commissioner Hyde--yes Jay Fields recommended , on behalf of the Airport Advisory Board , that the Commission send a letter requesting the Broward County Aviation Department to expedite the installation of permanent noise monitors around the airport . Mr . Fields explained that this would make it possible to compare the actual noise with the projected noise to determine if the contours that they have developed are exactly what is being experienced. Mr. Fields requested including in the letter a response on specifics as to when the monitors would be installed and the Noise Control Officer being hired . REGULAR MEETING 10 OCTOBER 8, 1991 ,c 4. Commissioner Hyde , seconded by Commissioner Bethemo them A motion was made by Countv December to to draft a letter to the Browardon of bermanent '�alsv'�mnnitorlin gtbYrg�ng inst 1991 . The motion passed on the following roll call vote : Vice-Mayor McEIYea-Yes Commissioner Bertino-yes Mayor Mikes-Yes Commissioner Grace-yes Commissioner Hy ITEM 7 .7 WAS HEARD AT THIS TIME 7 .9 Status report on Request for Proposals for a pier/restaurant complex. proposals have been City Manager Flatley informed the Commission that no ed received for the pier/restaurant complex- He mentioned the extensive advertising that had been done and vendor feltt the pcurrent atjon teconomickshops held July 26 and August 20 . Mr . Flatley condition was responsible for the lack of proposals . one suggested that since the City erhapsatheo interested City couldmake Commissioner B i reconstructing at this time that p good weather .n reconstructing some needed repairs so that it could be open during g conditions and closed when there is bad weather . $350 , 00 City Manager Flatley advised that repairs would cost around Florida 0 $500 , 000 to get the pier in the condition to pass the South Florida Building Code as far as structural integrity . with Of someone contracting period of five years while ty wothe uldCity only Vice Mayor McElyea suggested the possibilt 'Y the City for around $400 , 000 for a takes out a loan. Vice Mayor felt that even thoughtch use lthe Pier break even; citizens would be given an opportunity instead of being left an eyesore . to be pier project - Mayor Mikes felt that the Mayor Mikes commented on the need for the restaurant facility developed separate from the p could he used towards revenue generated from a restaurant facility building the Pier facility. several City Manager Flatley reported that contact has been made his wproject in the rs and that the City Flatley restaurant facilitato Nations Restaurant News with a circulation of 9 no on that no on stated that these ideas twere tixplored but e seems to be able his to obtain financing at The Commission agreed to continue discussion of this issue to a workshop meeting. 7.10 Areawide Agency on Aging to address annual contributions. set by the ity cannot afford contributions and Commissioner Bertino reminded the Commission of. the Policy City not to make donations many agenciesCjust as good as Areawide Agency on because there are so many 9 Aging who are deserving . Mayor Mikes stated the need to contribute to this agency as they are under a matching grant fund program with the Federal Government contributanglso due to the embarrassment that Dania is the only be spent n item 8 . 1 Mayor Mikes suggested to take the funds legate that otodthe Annual 1Congress of to send a Voting and Alternate Voting De Cities convention and contribute the sum to the Areawide Agency on Aging . Hyde A motion was made by Commissioner Grace , 000 fromndthe ed CCommissioner ' s rtravel to adopt a resolution to transfer $1 , on Aging. budget and donate it. to the Areawide Agency REGIJLAR MEETING 11 OCTOBER 8 , 1991 i i Y. Commissioner- Bertino reminded the Commission that this could set a precedent for the City contributing to other agencies that are as deserving. The motion passed on the follawing roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-no Mayor Mikes-yes Commissioner Grace-yes Commissioner Hyde-yes ADDENDUM 7.11 Air quality concerns. (Commissioner Bertino) Commissioner Bertino commented on the possibility that, emission scming from the FPL plant and local incinerator may not be meetingssionerBthe pro per standards and may not be properly monitored . no suggested to protect citizens by hiring a firm that could oulwhetaugment t not he monitoring of pollutants an an effort to be alp the emissions levels . Commissioner these pollutants have exceeded tighten up the State and Federal Bertino expressed the need to pollutants due to the fact that Dania is Regulations dealing with these impacted so strongly. Mayor Mikes camment:ed that Sam Goldsmith , Mayor of Coconut Creek , is ( n regarding consultants who are monitoring pollutants sending informatio around the incinerator near their City. Mayor Mikes menntioned that they Coconut Creek budgets $150 , 00 a year for monitoring g7y honest in this are concerned that the Countyis not being regard. y (�1 ( 8 . APPOINTMENTS p'.11l 8 . 1 Appointment of Voting and Alternate Delegates for. annual Congress of Cities convention, December 12-16, 1991 . The Commission took action during item 7 .10 to use $1 , 000 in funds from the Commission budget for a donation to the Areawide Agency on Aging and to forego representatives going to the Congress of Cities convention. fff 9. CITIZENS' COMMENTS - None 10. ADMINISTRATIVE REPORTS 10.1 City Commi.ssi.on workshop proposed for October 15, 1991 (7: 30 p.m. ) The Commi ssion agreed to schedule this workshop as stipulated. I` Attorney City A Y City Attorney Adler advised that he excellerated the amounts due on the special assessment project. for NE 7 Avenue/Taylor Road project and has received immediate response from owners. 11. COMMISSION COMMENTS 11.1. Commissioner Bertino Commissioner. Bertino mentioned a misunderstanding that condominiums hate to pay a fee for dumpster containers imposed bycommercial has nothing to do with the City. City Attorney Adler stated that this fee is in conformance with the City's recent ordinance relating to commercial haulers that was received from the City of Hallandale. Commissioner Bertino mentioned that the Dania Civic Association isto requesting citizen input in sending letters and signing petitions Congressman E. Clay Shaw, Larry Smith and Bob Graham opposing the process to be used in removing pollutants at the Li.ndsley Lumber Site by EPA. REGULAR MEETING 12 OCTOBER 8 , 1991 i Y: Commissioner Bertino suggested to pull manhole covers for drainage when the City is experiencing a storm like the recent one that has caused such flood damage to property in the City. City Manager Flatley stated that he would check wi.th the City Engineers on this idea. 11.2 Commissioner Grace Commissioner Grace mentioned that two letters have been received from State Representative Anne MacKenzie regarding the Lindsley Lumber Site and that a letter has been sent to Congressman Larry Smith. Commissioner Grace reported on the beautification improvements being made to Modello Park. She also reminded the Commission of a softball game October 12-13 10: 00 a.m. , the "Red Ribbon Jamboree" October 19 by the Urban League and the Red Ribbon events on October 26 by BSO. Commissioner Grace commented on the positive affects that the Orange Bowl Classic will have on Dania. 11.3 Commissioner Hyde Commissioner Hyde expressed the need to obtain a status report from EPA on the effects that the recent 100 year storm flooding has had on the Lindsley Lumber pollutants contaminating wells in the area. Commissioner Hyde mentioned that Dania should have their own Flag Football Program since there are now three parks in the City. Commissioner Hyde reported that the Marine Advisory Board tentatively approved a $440, 000 grant to do maintenance dredging at New River. GAW. ! 11 .4 Vice Mayor McElyea Vice Mayor McElyea commented on "Pioneer Days" held in Davie and { mentioned the positive effects that the Sheriff ' s Boy's Ranch has on youth. He commented on his efforts and support in this program. 11 . 5 Mayor Mikes Mayor Mikes commented on the adverse effects of the recent flooding and reported on the recent meeting regarding the Marina Mile Association. I Mayor Mikes mentioned that: Dania was the first City to adopt a resolution urging the EPA to protect the wetlands which has encouraged other cities to adopt resolutions in regards to this issue. ! Mayor Mikes mentioned that he spoke with Brian Hunt, Greenpeace Organization, regarding the toxic waste problem at the Lindsley Lumber Site. He was advised that there is a facility in Atlanta with a similar situation where they are placing PCP contaminated soils into containers on an EPA cleanup. Mayor Mikes requested City Manager Flatley to check with Art Smith, EPA, on why this site is being treated in this manner and not incineration. Mayor Mikes requested staff to check into the application for tax exemptions for MEBA prior to a variance request that will be discussed at the next regular meeting for this business. This regular commission meeting was then adjourned. M YOR-CO MISSIONER fl —L CITY CLER -AUDITOR REGULAR MEETING 13 OCTOBER 9 , 1991 i 4. r AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 8, 1991 8:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. INVOCATION ROLL CALL PRESENTATIONS 7 : 15 p.m. ) "Discover Dania" - ofaa premier new filmfeaturing the citiz to debut tonight. Sponsored by Jones Intercable - light refreshements to be served - search light, popcorn, photos - don't miss it. ki * Commander Tom Carney and Red Ribbon Day ( 10-26-91 ) at { Modello Park (Noon - 5 p.m. ) ; also, Kiwanis Club/BSO i Safe House Program 1 . CONSENT AGENDA Minutes 1. 1 August 20, workshop meeting 1.2 September 10, regular meeting 1.3 September 11, special meeting 1.4 September 24 , regular meeting Bills 1.5 Approval of bills paid in August, 1991 Resolutions 1.6 FORRPERMITION OF BY CCITYHOFCITY DANIAFTOASTATEFOFRFLORIDAPDEPARTMENTLOFATION TRANSPORTATION FOR LANDSCAPING AND MAINTENANCE AT DANIA BEACH BOULEVARD AND A-1-A INTERCHANGE; AND PROVIDING FOR AN EFFECTIVE DATE. " ROVING 1.7 FORRPERMITION OF BY CCITYHOFCITY DANIAFTOASTATEFOFRFLORIDAPDEPARTMENTLOFATION TRANSPORTATION FOR LANDSCAPING AND MAINTENANCE AT STATE ROAD 84 FROM I-95 WEST TO NEW RIVER BRIDGE; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.8 CONGRESS TOAMENDTHE THECITY FAIROLABORISTANDARDSAACTRBYN C EXCLUDING THE PUBLIC SECTOR FROM PROVISIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 i, CONSENT AGENDA (continued) 1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1990-91 , BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS - none 3. BIDS 3. 1 Award of bid for Water Treatment Plant renovations 4 . PUBLIC HEARINGS 4 . 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69(i) (2) , ARTICLE IV OF CHAPTER 13, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, CHANGING PENALTY CHARGE FOR FAILURE TO DISPOSE OF TRASH WITHIN THREE DAY LIMITATION FROM 100% TO 50% OF CHARGE; 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. " (Second Ordinance Reading) 4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION y 15-12, OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, i FLORIDA, ENTITLED "LICENSE FEE SCHEDULE" , BY ADDING THE CLASSIFICATION OF "COMMUNICATION TOWERS" THERETO; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR ' .1 PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT A. OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Second Ordinance Reading) (Continued from 9/24/91) 4 .3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TRANSMISSION OF A LAND USE PLAN CHANGE FROM COMMERCIAL RECREATION ! ( 16.6283 ACRES) AND RESIDENTIAL LOW MEDIUM 10 ( 13. 1654 ACRES) TO COMMERCIAL ON A PARCEL OF LAND CONTAINING 29.7937 ACRES MORE OR LESS, LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31 AVENUE, CONTAINING THE FOLLOWING DESCRIBED LANDS LYING WITHIN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA: ALL OF LOT 3, AND PORTIONS OF LOT 4, 5 AND 6, BLOCK 1 IN SECTION 31, ACCORDING TO THE "SUBDIVISION OF SECTION 28, 29, 31 AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST" , AS RECORDED IN PLAT BOOK 2 AT PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING IN BROWARD COUNTY, FLORIDA, AND BLOCK 1, BLOCK 2 AND A PORTION OF BLOCK 3 OF "DONNA SUBDIVISION", AS RECORDED IN PLAT BOOK 55, PAGE 24 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00018,53" WEST, ALONG THE EAST LINE OF SAID SECTION 31, (ASSUMED BEARINGS) 1344 . 10 FEET; THENCE SOUTH 89037116" WEST, 673.39 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 425 FEET AND A CENTRAL ANGLE OF 3400310511 , FOR AN ARC DISTANCE OF 252 .28 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, (RADIAL TO (CONTINUED ON NEXT PAGE) 2 4i SAID POINT BEARS SOUTH 54057 ' 19" EAST) ; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A DRADIUS ISTANCEFOF0 FEET AND 75.60 FEETATOEATRAL POINTNOFE OF REVERSE3CURVATUREROFNAARC CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 375 FEET, AND A CENTRAL ANGLE OF 52004 ' 11" , FOR AN ARC DISTANCE OF 340.80 FEET, TO A POINT OF TANGENCY; THENCE NORTH 02029' 13" EAST, 699 .31 FEET AN INTERSECTION THENCENORTHTH THE 87030,47" WESTA,TALONGTS OF SAIID SOUTHAPLAT SUBDIVISION" ; SION" ;; LIMITS, 1053 .55 FEET TO AN INTERSECTION WITH A SOUTHERLY PROLONGA- TION OF THE EAST LINE OF LOT 2, BLOCK 3 OF SAID "DONNA SUBDIVI- EAST"LINEEOFE LOT R2H AND oA9 NORTHERLY�PROLONGATION ALONG SAID PTHEREOF, 253 FEET ROLONGATION OF E TO THE NORTH LINE OF SAID SECTION 31; THENCE SOUTH 87030147" EAST, ALONG THE NORTH LINE OF SECTION 31, FOR 2071 .01 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OR RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (First Public Hearing) 5. SITE PLANS -- none 6. EXPENDITURE REQUESTS 6. 1 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN PROPOSAL FOR PROFESSIONAL PLANNING SERVICES BETWEEN THE CITY OF . DANIA AND LEIGH ROBINSON KERR & ASSOCIATES, INC. , RELATING TO LAND USE ELEMENT CERTIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. " 7 . DISCUSSION 7 . 1 Dania Chamber of Commerce request to review certain sections o I the recently-passed Ordinance No. 34-91 relating to graffiti. l 7 .2 McLaughlin Engineering requests approval to waive platting requirement and file petition to vacate street located within Ocean Waterway Mobile Home Park. 7 .3 Andre & Karen Jacques requests approval to waive platting requirement and file petition to vacate portion of SW 27 Terrace abutting Lot 24, Block 5, Avon Heights. 7 .4 Reconsideration of the denial of palmistry/character reading license for Sonja Evans located at 537 S. Federal Highway. 7 .5 Reconsideration of the denial of palmistry/character reading license for Ruby McGill located at 330 S. Federal Highway. 7 .6 Request to erect a tent at Harbour Towne Marina for the annual Billfish Tournament. 7 .7 Thirty-day review of an approval granted to Timothy A. Zechman to display a banner at the Florida Queen, 118 North Federal Highway. 3 w, 9 DISCUSSION (continued) 7.8 Dania Airport Advisory Committee: Aviation Department proposal to further extend the south runway' to 10,000 feet in length instead of 61000 feet. 7 .9 Status report on Request for Proposals for a pier/restaurant complex. 7 . 10 Areawide Agency on Aging to address annual contributions. 8. APPOINTMENTS 8. 1 Appointment of Voting and Alternate Voting Delegates for annual Congress of Cities convention, December 12-16, 1991. 9. CITIZENS' COMMENTS - Comments by Dania citizens or interested parties :. 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 1 by the office of the City Manager. In the event that the concern AN remains unresolved, the citizen( s) or party will be asked to address the 1 City Commission during the meeting. 10. ADMINISTRATIVE REPORTS City Manager proposed for October 15, 1991 (7 :30 pm) 10. 1 City Commission workshop pro p City Attorney 11. COMMISSION COMMENTS 11. 1 Commissioner Bertino I 11.2 Commissioner Grace 11.3 Commissioner Hyde 11.4 Vice Mayor Mc Elyea 11.5 Mayor Mikes 4 y ADDENDUM DANIA CITY COMMISSION REGULAR MEETING OCTOBER 8, 1991 7 . DISCUSSION (continued) 7 . 11 Air quality concerns. (Commissioner Bertino) y' p I a