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Home My WebLink About1991-08-27 Regular City Commission Meeting Minutes and Agenda Y. MTNUTIKS DANTA CUTY COMMTSSION REGULAR MEETING AUGUST 27 , 1991 TNVOCATTON BY WANDA M111J,iKTN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Bob Mikes Vice Mayor: Charles McElyea Commissioner.-, : Bill Hyde Bobbie Grace John Berti.no City Attorney: Prank Adler City Manager: Robert. Flat:ley City Clerk: Wanda Mullikin PRESENTATIONS *Broward Office of Natural Resource Protection reviews; EPA' , plan to clean up the Lindsl.ey Lumber site. City Manager Flat Ioy introduced Art Smilli , EPA frnm Atlanta , to give hie summary of the lengthy report to clean up Lhc Lindsley Lumber site d located at T-Q5 and Griffin Road . L 5 } ,. Mr . Smith , EPA, explained that in preparing the plan to clean up the j Lindsley Lumber site comments were inenrporaled into the plan from the ONRP in Broward County and the Florida DER . HE reported that as of t.tris n., month the responsible parties have issued the ro% ised version of this work plan and that all concerns have l,ern included from Broward County . Mr. Smith stated that this work plan is satisfactory to the extent ghat soil excavation can take place at the kite ore week Edon tomorrow and them a meeting will he scheduled with all responsible parties , ONRP , DER , and EPA to identify any outstanding issues that remain and to obtain i commitment from the responsible parties that they will address those concerns so that a punch list non he completed for final approval . i Mr . Smith stressed the need 1 " get started on this project clue to delay: and anticipated the trial_ burn which will demonstrate the effectiveness of the thermal destruction unit proposed for nsa at this site in November. If the trial burn meets all sidtritro-1 requirements for showing that it will not emit: harmful concentrations of hazardous materials into the environment then the next stop is to go forward with the production burn that shouldn ' t last longer than a month and that completion of the project would be anticipated in the winter of 92. Mr . Smith stressed EPA ' s intentions; to keel- the comminrit_y informed as the project progresses: . THE MAYOR MOVED TO TTFM 3 . 1 AND 3 . 2 'I'O CLOSE RFCETPT OF BUDS. A representative from the Broward County ONRP came forward to advise that the infrlrmat. ion;al realnests from ONRP have hoen arlrltessed in the report and ! hat they intend to review Ws dcm-u1rPelt nver the ne'•;t few reeks to prepare for the final p nch list mooting . Ph" expressed ONRP ' ss recommendation to have an on-sits-: lahoratnry I " (Tech thr samples during the burn and to perform ;ambient air mo itoring doming the time, of the actual burn to ensure safe release into the. envir"onmont . Disrussioil followed on ONRP ' s and EPA' s inlenticros I " review, they removal of hoavy metals on dais project . PULLED FROM CONSENT AGENDA City Attorney Adler pulled item 1 . 2 and Mayor Mikes pulled item 1 .7 from the Consent Agenda . REGULAR MEETTNG l AUGUST 27 , '1991 1 i i 1 . CONSENT AGENDA Minutes 1 . 1 August 13, 1991 , regular meeting ordinances 1 . 3 An Ordinance of the City of Dania , F'1 , amending Chapter 18 of the Code of. Ordinances of the City of Dania entitled "Pensions and Retirement" to change the retirement age, change the early retirement: age, and permit the establishment of a deferred retirement option plan for firefighter members, 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. 1 . 4 An Ordinance of the City of Dania , F1 , amending in their entirety Articles I, II and ITT of the existing Chapter 27 of the 1980. Code of Ordinances of the City of Dania , Florida ; providing ,for rules and regulations for the manufacture, sale and distribution of water by the City; providing for rules and regulations for collection , treatment and discharge of sanitary sewerage and other waste water within the City; 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. Resolutions 1 . 5 A Resolution of the City of Dania , Florida , notifying Broward ,Y County that the City of Dania wishes to he co-permittee with Broward County in the NPDES Permit Application and to pay the required ' application fees; and providing for an effective date. 3 4 9 1 .6 A Resolution of the City of Dania , Florida , in support of Hispanic j Heritage Month , October, 1991 ; and providing for an effective date . 1 . 8 A Resolution of the City of Dania , Florida, approving the participatory agreement between the South Florida Regional Planning Council and the City of Dania; and providing for an effective date . 1 .9 A Resolution of. the City of Dania , Florida , authorizing the City Manager to submit: an application for funding under the Florida Recreation Development Assistance Program for Dania Beach Park; designating the City Manager or his designee as; the official liaison agent; confirming the amount of funds requested in the grant; confirming the total cost of the project.; confirming the City ' :; responsibility to develop, operate and maintain the project; confirming that. the City offered all citizens the opportunity to participate in the planning j process relative to the adoption of the recreation and open space element; confirming the City's; on going concern for citizen participation in planning and selection of recreation projects; and providing for an effective date. A motion was made. by Commissioner Hyde, seconded by Vice Mayor McElyea to approve the consent agenda . The motion passed on the following roll call vnt.e : Co mmi sP LUn(:i R o r t in :S or FIl C.,I-�'os Connni.ssi.<nrer Hyde-yof; Mayor Milos j ,-, C'ommissi-cutr�c Grace c,os PULLED FROM CONSENT AGENDA ordinances 1 . 2 An Ordinance of the City or Dania, F1 , amending Chapter 18 of the Code of Ordinances of. the City of Dania entitled "Pensions and Retirement" to change the amount of the monthly retirement benefit for Broward Sheriff ' s Office Deputies and law enforcement officer' s actively participating in the Dania Police and Fi.refighter' s Retirement System retiring after October 1 , 1992, changing the retirement age, changing the amount of employee contributions to fund such benefits , changing the early retirement age, providing for a deferred retirement option plan, REGULAR MEETING 2. AUGUST 27 , 1991. `r t A parts of ordinances and all resolutions providing 1.hat: all ordinances or and parts of. resolutions in conflict herewith be repealed to the adi.ent. of such conflict ; and providing for an effective date. (first reading of ordinance) city Attorney Adler advised the Commission that: he needed more Lime to ed a review and ng tor' tbehis nextrdinance and r.egular meetinguoftSeptemberr10, 1991n the first reading Commissioner Grace reminded the Commission thatina workshopnts can beomade w conducted regarding as t this issue and tha any to final reading as t t he effective dace is no until the ordinance prior October. 1. , 1992 . Mr. Adler strafed I:hat the ordinane c is lengthy and thaC he sl. ill needs to review the ordinance with Mike Smith, Personnel Director. Mayor. Mikes reminded Commissioner Grace that. Lhi_s ordinance was prepared by another attorney outside the City and ghat our city Attorney must es affect, prepare i.n City form- Mayor Mikes stated Lhaa andthaCciCrmust odiniclrecece lve proper a million dollars from the CiLy of".' legal review. Commissioner Hyde questioned whether there would be. a problem if the ordinance is adopted on fr.sC reading tonight, and to make any amendments q prior to the second readying and public hearing . 3 City Attorney Adler strafed that amendments can be made Lo ordinance between first and second read_rng Carey Nodell , Broward Country Police BenevolenC Association , reminded the Commission that: this ordinance has been in process for two years now and that City Attorney Adler has assisted in the preparation o the ordinance this time. Mr. Nodell stated that: no changes have been made t: the as previously submitted to the Commission other than the effective date of October 1 , 1.992 . I f A motion was, made by Commissioner BerL1 no, seconded by Commi_csioner Grace to adopt this ordinance on first. reading . The motion passed on the follnwing roll call vote: vice ^mayor McFJ_yea-yes Commissioner Bert ].nip \ eFl �t,j Commissioner Hyde-Sc' ; - Commissioner C;race-yes 1 .7 A Resolution of the City of Dania, Florida , approving the typical P.E. ; and right-of-way detail prepared by Berry & Calvin , inc. , providing for an effective date . Mayor- Mikes suggested that this resolution be reviewed at a workshop setting prior to adoption and requested Will. Allen , Growth Management Director, explain the request. . Will Allen :;fated thaL this resolution approves a typical right--of-way detail which gives the details for the amount, of asphalt for the subgrade , width of Lhe swale areas and other material ; LhaL go into putting in a street . Mr. Allen stated that the City Code refers to a diagram being on file but that. he was not: able to locale iL in the Code and felt a need to establish this diagram. A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to defer t:he adoption of this resolution to a workshop meeting. The motion Passed on the following roll call vote: vice-Mayor McFlyea-ye`; Commissioner Bertino-yes rn� Mil:esyes Commissioner Hyde-yes y1a�` Commissioner Grace-yes AT THIS TIME, THE COMMISSION REQUESTED CiTY MANAGER FLATLEY TO OPEN THE BIDS RECEIVED FOR ITEM 3. 1 REGULAR MEETING 3 AUGUST 27 , 1991 t Y: 2 . PROCLAMATTONS - none 3. BLDS TTEM 3.1 WAS HEARD DARING PRESIINTATIONS 3. 1 Receipt of bids for collection and disposal of solid waste. A motion was made by Commissioner Bertirto, seconded by Commissioner Grace to close receipt of bids . The motion passed on the roll (iwincg call vote : Commissioner Bertinn-yes Vice-^ta} r>r NlcElyea-yes Commissioner Hyde-yes Nikes' %es Commissioner Grace-yes City Manager Flatley opened and read the bids received after item 1 .7: Browning Ferris Industries ($10, 000 bid bond included) Solid Waste 3 yr. contract. - $49, 405. 88 5 yr. contract 50, 000.71 Bulk Trash 1c 3 yr. contract 7 , 032.99 5 yr. contract. 7 , 31.2.91 Chipper Service to remove bulk yard trash 3 yr. contract no bid if given t.o city $7 , 382.89 kept, �- 5 yr. contract no bid if given to city $7 ,697 .80 kept Southern Sanitation Southeast: ($10, 000 bid bond included) Solid Waste 3 yr. contract $44 , 577 .26 5 yr. contract 45, 067 .12 Bulk Trash 3 yr. contract: 11 , 371 .75 5 yr. contract 11 , 511 .71 Chipper Service to remove bulk yard trash 3 yr. contract 5, 248 . 50 if given t.o city 5,248 . 50 kepi- 5 yr. contract: $5, 318 . 48 if given to city $5, 318 . 48 kept Industrial Waste Services (TWS) ($10, 000 bid bond included) Solid Waste 3 yr. contract $17 . 00 per unit ($59, 483. 00) 5 yr, contract: no bid Bulk Trash 3 yr. contract no bid 5 yr, contract no bid Chipper Service to remove bulk yard trash 3 yr. contract no bid 5 yr. contract no bid RFGULAR MEETING 4 AUGUST 27 , 1991 i Yi County Waste of Broward ($10, 000 bid bond included) Solid Waste 3 yr. contract, no bid 5 yr . contract. $53 , 884. 60 Bulk Trash 3 yr. contract no bid 5 yr. contract no bid Chipper Service to remove bulk yard trash 3 yr. contract no bid 5 yr. contract: no bid Seacoast: Sanitation ($10, 000 bid bond included) Solid Waste 3 yr. contract $41 , 393 . 17 5 yr. contract 39, 923 . 59 Bulk Trash 3 yr- contract 52, 485.00 ,- 5 yr. contract 52, 485. 00 Chipper Service to remove bulk yard trash 3 yr. contract: no bid 5 yr. contract no bid 1, j All Service Refuse Co. ($10, 000 bid bond included) Solid Waste 3 yr. contract $55, 959. 15 5 yr. contract 59, 727. 93 Bulk Trash 3 yr. contract 9, 800 . 00 1 5 yr, contract 17., 500.00 1 Chipper Service to remove bulk yard trash 3 yr. contract $7, 250.00 if given to city 9, 166. 00 kept 5 yr. contract $8 , 725. 00 given to city 10, 583 . 00 kept Larry O'Connor Sanitation Service Mr. HaCley read the following comment submitted: We re:;pectfully decline to submit: a bid at. this time according to specifications but would like our company's name to remain on your bidders list for future bids. A motion wa', IOd(l h)" CnrllClil ;' InllC I" Hv'dr, �I`1d�•ri hV"t � lrr= )Iayor �o turn all hills over to the 1CFlvea Ci ty n9anr gr,t �fot t�t[�ul a( ic�n andd recommenation at the next re�liilat mer,tiug of September' 10 , 1991 . The motion pas3erl (-)ti the follow--rig 1011 ("ill, r'omrnissSnner Bertino } e:; Commissioner Hyde yes, c'c `la) ur +1cF_lir�a ic,;, Commissioner G layor ^ii kr- AT THIS TIME, THE COMMTSSTON MOVED TO THE pUB1,TC HEAD NGS TO GTVE CrTY MANAGER MORE TTME 110 ORGANIZE BTDS RECETVED FOR ITEM 3 .2 REGULAR MEETTNG 5 AUGUST 27, 1991. , t 6. 3 . 2 Receipt of bids for Water Treatment Plant renovation . A motion was made by Commissioner Grace , seconded by Commissioner Bert:i_no to close receipt, of bids . The motion passed on the r"llowiny roll call vote : Commissioner Bertinu -yes VictH - Nayor )ICF;I.y�L�i bos Commissioner Hydo-yes Mayni Mikes yes Commissioner Grace-yes A motion was made by Commissioner BeK lno, seconded by Vice Mayor McElyea to authorize City Manager to open all bids received for items 3.1 and 3 . 2 so that: they will be ready to address later in the mcieting . The motion passed on the fol.lcn<ing roll call vote : Commissioner Bertino-yes Vico-Mayor McFlyarl Commissioner Hyde-yes Mayor "like; vos Commissioner Grace-yes x AT THIS TIME, THE MAYOR RETURNED TO PRESENTATIONS CITY MANAGER FLATLEY READ BIDS RECEIVED AFTER ITEM 4 . 2 . City Manager Flatley read the following bids received : Global Atlantic Corp. (5% bid bond .included) $968, 900 Utilities Services Inc. (5% bid bond included) 855, 504 R.J. Sullivan Corp. i (5% bid bond included) 815, 000 Widel Associates (5% bid bond included) 859, 000 A motion was made by Commissioner Bprtlno, sPcouded by COIlImi Nsioner Grace to turn the bids received over to the City Manager for tabulation and recommendation at the next 1egular meeting of S"p tember 10 , L997 . The motion passed on the Following roll call vote : Commissioner Bertino -yes lice-Mayor McFlyea-yes Commissioner Hyde--yes Mayor Mikes-yes Commissioner Grace-yes THE COMMISSION MOVED TO ITEM 4 . 3 AT THIS TIME. ITEM 4 . 1 WAS HEARD AFTER ITEM 3 . 1. RECEIPT OF BIDS WERE READ. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4. 1 Petitioner/Owner - Tom Sette; property located at. 2.10 SE 3 Terrace Public Hearing -- VA-33-91 -- A variance :is requested from side yard setback requirements. Tom Sette stepped forward to request approval of this var_ionc.e ,and mentioned that the Planning & 7nning Board has apprnved his request . Will Allen , Growth Management Dirputor , "xplained that the site Q., located on the south side of SF 3 'TerraN between SE 2 Avenue and SF 3 Avenue . Mr . Allen concurred wit-h the Planning c& 'Zoning Board to recommend approval for a side yard setback of 4 ' 11 " which is 4 . 92 feet. and mentioned that the requilred setback in [he RS6000 district is 7 ' . This proposed setback would moat the setback of the existing house and that this would be a minimal variation as there is an oNisting aluminum shed where the addition is proposed which is 6 . 14 ' by 10. 04 ' and the proposed addition would be 8 ':05 ' 8" . REGULAR MEETING 6 AUGUST 27 , 1991 i j mayor Mikes opened rho public hwdring . Hearing no ,.tie 'spoak in fav"i 1. opposition , the Mayen- Nnsool the public hearing . A motion was made, by Commissioner Pert in", q�, 4� nded by Viet' MaIYO I Mr_Fl.yea to approve VA-33- Q] an raguoSlerl by T'um Sptte for thn-, propertv located at 210 SF 3 ToI-race. The motion passed on llic f,J ] o <ing rr,ll Call vote: Commisslollor Bel"tino-yos V'leerMaA'o7 a- yOs Commissioner Hyde-yes Mayor Mikes ,Yes Commissioner Grace-yes 4.2 Petitioner/owner - Bridges ; property located at 4550-4622 SW 32 Avenue Public Hearing -- VA-34- 91 - A variance is requested for a variance to operate an Adult Congregate Diving Facility. Commissioner Hyde advised the petitioner has; requested this item he deferred until the next regular meeting of September 111 , 1991 . Mayor Mikes stated that although this item can he dercorred if the Commission agrees , he would like in allow the puhl is to come forward with their comments and hear staff conments ,it this ! into . George Platt- , Esq . , representing the pcatitioner/owner , stated that the .1 ! petitioner requested a rnntinnancp in order in have more time to r'eSO NO some of the neighborhood oppo itinns exluer cd in hogarIS to this facility . gin- . Platt explained his; cllerits desire to get along and work with the community in regards to this development and mentioned that_ he will make a presentation if the Commission so desires , but that he did yj not bring pertinent materials for the presentation as he did not feel there would be a problem in continuing . Will Allen , Growth Management. Director , explained that the property is located on the east side of SW 32 Avenue north nr Griffin Road between Griffin Road and the Cut.-off canal . Tire property is owned by John jAngelos Magazu and :Angela Bingham and zoned R 3 which permits an ACLF of I. not more than 16 residents . Mr . .A] Ion gave a definition of an ACL.F at this time . Mr . Allen stated that this variance relates to a dispersal requirement for ACLF ' s and the zoning code does require a distance of 1500 ' between ACLF ' s .,and the reason for this; variance is dne to the Senior Haven Retirement Home at 4980 SW 33 Avenue is dhont 350 ' from the proposed facility. Mr . Allen stated I-hat tho Planning & Zoning Board did recommend to deny this request . Mr .Allen added the following additional inns mat_ ion relating to ACLF ' s and the proposed use : The request involves 16 resident:; between the ages of 18 to 54 with diagnc,s:ed psychiatric disorders such as depression who would not gerrmrally reside at the facility for longer than a period of six months , although it could he 11mg"r . The residents would be . screened by HRS to ensure no dangerous, individuals would he permitted at the facility. Ro,lations for separation of facilities stated in the Broward County Zoning Code are raws istent with F] nrida Statutes Chapter 400 which deals with nnrasing homes and ri latod health care facilities; including ACi_F's,, with 15 peoVie , State regulations indicate that an application has to hro made showing that thr> proposal does ennfornl to local zoning ordinanres• . ACIF ' s are allowed in residential neighhorhnc,cl ; ; six c,r les3 rQsidents can go in any single family area anywhere in the state and 7 to 14 people can go into multi -family districts as long as they meet a separation requi-rement which is 1200 ' . ACLF facilities cannot be within 500 ' of a single family zoning district and cannot substantially ,filter the character of the neighborhood . Mr. Allen restaged the denial by the Planning & Zoning Board as they felt the criteria for a variance had not been met and that the use could be detrimental to the neighborhood by concentrating such uses . He concluded that public :input at the Planning & Zoning Board dial indicate opposition as well . REGULAR MEETING 7 AUGUST 27 , 1991 i w, Mayor Mikes (rlrened the, rnibl i w hearing . Joan Pagl jar uln and Ann Winters expressed opprrsiI ioii to another aG'lF being allowed in their ne iglibrn1hoorl . Chris Pourcine -Hill stalod that she was advised that the individuaK allowed in thi _; ACLF are morn than diagn" od dr ili r ;aEd pors!"lls but 111s;o schizophrenia and mania depressed individuals who require mon Qn ring If medi-cation on a weekly basis . She felt this wrruld 110 dntrimerltal neighborhood . Sheri Coale expressed the heed to retain conformity in the z"ning frrr her area and not allow variances such as this ACi-F . Alex Buchsbaum, Griffin civic Assorlatlon , oNpr ( s;;ed opposition rrll behalf of his organization based on detrimental effects to his neighborhood . Sherry Sherri. Mansey mentioned her (concern for the children in the neighborhood should this ACLF be allowed . John Durerizo expressed oppisiti "n. Jay Fields , C .A.R . F. , expressed adamant opposition to the Commission approving this project . Y • DOnlld $7.Illr Oil E' did not feE?1- C1Tis Vdl'.I allr'e needs trr b2 C(?tit rll lied as t:he citizens in the neighborhood being affected by this project are in opposition and encouraged the Commission to tdkv action tCnight to deny the request . Yvonne Perryman expressed approval of this project as it 1010; liar understanding that if the variance does; not go thru that the owners will tear down the buildings and r•onstrnct an apartment crnullle.x that will house 30 families . She felt that it would he better to have 16 individuals opposed to 30 familiar+ clue to the traffic problems that would be created and the negative affect on the children in the neighborhood . Ms . Perryman stated that these individuals; are not criminals and that this project would give them an opportunity to get back into the main stream of society . George Platt , Attorney for the petitioner, expressed his desire to not address the comments made on this vari-anca request tonight and continue r the presentation by his firm to the next rogular moeling . Angela Bingham stated that the ACtF facilities operating in her neighborhood have not caused any problems to her knowledge and felt that additional rental properties would cause w"rn of an adverse reaction due to the traffic problems created . Mayon- Mikes stated the need to follow legal procedures in all (ming the petitioner proper presentation and entertained a motion to defer at this time . A motion was Tirade by Vice Mayor MCFlyea , spr'.onded by ciamissioner: Grace to continue to the nest regular- meeting of Septemher 10 , 1991 the variance VA--34- 91 as requested by Povitinnor/Owner Bridge,, for property located at 1550- 1622 SF 32 Avenue to .allow the operation of an Adult Congregate Living Facility (:ACT-F) . The motion passed on the following 1 "11 Call vote : Commissioner Berl"] llo- yes S'ice- Mayor McFlyea-yes Commissioner Hyde-yes Naynr Mi ken-ye s Commissioner Grace-yes THE COMMISSION MOVED TO ITEM 3 . 2 TO HEAR THE BIDS RECEIVED ON THE WATER PLANT IMPROVEMENTS . REGULAR MEETING R AUGUST 27 , 1991 r' 't ITEM 4 . 3 WAS HEARD AFTER ITEM 1 . 2 RECEIPT OF BIDS WERE READ. 4 . 3 Petitioner/owner - Seaside Group, inc_ ; property located between along SE 4 Court and SE 5 Avenue between SE 7 Street & 5 Street Public Hearing - VC 32- 91 Adopt-ion of the following resolutions : A) A Resolution of the City of Dania , Florida , vacating that certain utility easement legally described as : the West 10.00 feat of LoLs 1 through 9, Inclusive of "Glen Lauren homes" , as recorded in Plat Book 141 , Page 35, of the public records of Broward Country, Florida excepting therefrom the North 8 feet of said Lot: 2, the South 2 feet or said Lot 3, the North 6 feet of said Lot 4 , the Sough 4 feet of said lot 5, the north 4 feet: of said Lot: 7, the South 2 feet of said Lot. 8 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. . t eb� K"rl' representing tho petlt ! "ner, r,am, forl,4lyd t ,, i',p, ;till the vacation reguosts for two ut l l I t ' Oast4 ""I - alld one, rhad right -,.)f lva\' af; uti] i tins are now in place ;ulri ,,1. 1- of i 1 i 1 , <-�,inlr ul i e;: bavr-: I,a i vcd .Inv objections to these regneSls . Will. Allen , Grown, Management Di 1 orl "r, wNpl a ined l hat consent agreements hair,, been received from the owners or the lots in this development and from all nlility ncunp�nnc 1: Allen :.tafrd that the Planning & Zoning Board rerominended ai,prr-,val and mentioned that- the overall affect is to give the lot owners a larder area to build on . Commissioner Bertln0 expressed concern on whether th„ r`] ry would need 1 easeme.nr area in the future wh�`_°.n the draindge iyWt "111 fUr hp SE socti ,)n j' is being installed . - Will Allen explained that the City has In c _riding easement for a waterline in this area and that additional areas have been reserved to allow drainage improvement`; In the folnre Mayor Mikes opened the public heaving on item 4 . 3 A . Hearing no comments In favor in npposition, IIle Ma1,r" c'1 ,1 �, �: d the publ is hear' inq , A motion was made bV' frrMmi ssi unpr Bprt i nci, by C(iI1 mi ssionor Grace to adopt this Resolution appr� vj ng vacal- ion of lit- ilit . .asement VC-32-91 as requesters by Seaside urcup. The motion passed on the following r,d l all Commissioner Bert i no-1 of. V' I Crr--AlaV-nC Me'Fl V-Pa--y P_8 Commissioner Hyde-cars �La�err- M il:F s vas ! Commissioner c;naco-vc - B) A Resolution of the City of Dania , Florida , vacating that certain Utility easement legal described as: that.� portion of Lots 10 through l8 , inclusive, of "Glen Lauren Homes" , according Lo the Plat thereof as recorded in Plat: Book 141 , Page 35, of the public records of Broward County, Florida described as follows : commencing at. the Northwest corner of. said Lot: 18; thence, North 90000, 00" east (assumed hearing) along the North line of said Lot, 18 , a distance of 77 .88 feet Lo the point of beginning; thence, continue North 90000 , 00" East along said North line 4 .14 feet; thence, along the easterly line of said Lots 10 through 18 , inclusive, for the following five courses: (1 ) south 45000 ' 49" Fast 49. 49 feet.; (2) South 00001 ' 38" East. 104 .72 feet; (3) South 06048 ' 56"West 100.72 feet. (4 ) South 00001 , 38" East 150 feet; (5) South 44058 ' 52"West: 49 . 50 feet; thence, South B9059 ' 22." West- along the South line of said Lot 10, a distance of 4 . 14 feet ; thence, North 00000 ' 38" West 10 feet; thence, North 44058 ' 52" East 41 . 22 feet; thence, North 0000108"west 146. 45 feet; thence, North 06048 ' 56" East 100 .72 feet; thence, North 0000108" West 299 . 98 feet; thence, North 45000 '48" West. 41 .20 feet; thence, North 00000 ' 00" East 10 feet to the point: of beginning; excepting therefrom the North 1 feet of said Lot. 12, and the South 5 feet of said Lot: 13 ; and providing that all resolutions or parts of resolutions in conflict herewith be repealed 10 the extent of such conflict; and providing for an effective date . REGULAR MEETING 9 AUGUST 27 1991 i I I 0 etp I , \ Will All (--,) ddVised ' "' I t 114' Pl cut" It, e-I 1 10 thpin , l' ith this 10 fo"t tide Utility the exception of ad hi Ili 119 1 kits; FP1 Mayor Nikes opPuPd t lip puhl i i. he'll- i 11(j, - IW nppns! t 1 on , the �IHY()!' (,'I o ;Ocl the public fi,'�i I iny . A mat i On was made by commi nsi onpr GI HOP , 'd 1 vacating Bert Lno Ln adopt t h I !; 1"'s"I 111 ! ,)1'1 by Seaside Group for the "Clam- laurpn Irl"mrs" . The motion Vanqed rut I:lw f"I I "w i HU 11" 1 "" l 1 crimminsioner Bartinn-YPs vi ''o \lapu Colliffli"Sionor H o yde � !; %hivnr Khos I t!ommi q s i - G I acP A Resolution of the Cj ty of Dania , Florida v,jcal i ng that certain road right-of-way legally described as : that portion of SE 5 Avenue, as ded shown on the plat of "Glen "'In'-("' "Oures' , as rocor-Fl in Plat Book 197 , orida , being Page 35, of the Public Records of Broward County, Florida , Of Lot 10 Of described as follows : commencing If, the oouLliwest (,or south 89'59' 00" East (assumed bearing) said "Glen-Lauren Homes" ; thence , along e the Sent.,, line Of said Lot 10, a distanc of 6q .99 feet LO the point: of beginning; thence, along the easterly line of Lots 10 through for the following three e , of said TA, 14 , inclusive , aid "Glen Lauren Home described courses; (1 ) North 45'00 ' 30" East 49 . 50 feet ; (2) North 00000 ' 00" East 150 Feet ; (3) North 06050 ' 34" East 100 .72 feet ; thence South 00000 , 0011 Fast- along a line 53 feet, West of and parallel wit,11 the n 3 , Township 51 South , Range 42 East , as shown on east line Of Section distance of 285 .01 feet; theire.e, north said "Glen-Lauren Homes" , i.th ftqo5q , 00ll WesL 47 .01 Feet to the point of heginning; together w 11 that. as portion of SE 5 Avenue, as shown Oil th(i plat OF "Glen-Lauren Her .. recorded in Plat Book 141 , Page 35, Of the public records of Broward County, Florida , being described as follows : commencing at. the Northwest, corner of hot 18 Of en said "Glen-Lauren Homes" ; thence, South 89058 ' 22" North line of said Lot. 19 , a distance East (assumed bearing) along the i of 82 . 02 feet to the poiril. Of beginning; thence, continue South 89058 , 22" East 34 . 98 feet; thence, South 0oo00l00" East along the East line of said lot 18 , a distance of 34 .99 feet ; thence, North 44059' 11 " West along the Northeasterly line Of said hot 18 , a distance of 49. 49 I'lle point, Of beginning; said lands situate , lying and being in feet t.0 V Florida; and providing that, all the city of Dania, Broward Count! , _s Of resolutions in conflict herewith be repealed to resolutions or part providiw�, for all effective date .the extent of such conflict ; and Will Allen Hdvi!;('(l Ill It Ih,, plauluill,J & 7''Iling 13'i'li'd approval of this street. right ' 'I `H� - " hudd �11' . ! 11(�11 011t the proposedva-:'clt r va-!,Itiou lit tit rlpP and it-it''o uld projewtim - M,,,r ()pou,,cl the PI&I ip Val I"j . or t loll , the '`IdV or ,I o,!od It(! puhl i llo,il i mj 111Qt U.-,(1 IBIS lit J I Ewoudod hV C FlV do to adopt 1110 1 "t i "11 ' ukJ 1-,)ad rigl)l �,f ,waV- 1!� lefluostod by MOM Group, wi . for the "Gl -11 The motion passed on th,d foll "ll "(1 CUfI1mi sf; i onei Bert %i,tv ()I, \1( Fly-i Commissioner 4 . 4 An Ordinance of the City of Dania, Florida, adopting the zoning regulations of Broward County, Florida , as amended through supplement No. 61 , which shall apply to the Ravenswood Griffin Road annexed areas; providing for codification; and providing that all ordinances or parts of ordinances and all resolutions and parts OF resolutions- in conflict REGULAR MEETTNG 10 AUCUST 27 , 1991 4. 1 herewith be repealed to the extent of such conflict; and providing for an effective date. City Attornoy Ad1Fn- stated that the (,its is r poll,irod I,y state lay: tr, adopt: the county zoning regulations for th- 1u,ul1 Rav"Ilswnod-tariff in Road annexed areas and that ctiaru3es t" thi s ,00 , to ,-rrnfnrm to }� i regulations , will the forthi:,im1ng . Mayor Mikes opened the public hearing . Hearing no cmp speak in favor or opposition , the Mayor closed the public hedri-nib . A motion was made by Commissioner Hydr-. , seconded by Commissioner Bertino to adopt this ordinance on fir:;t reading . The motion passed on the following roll call vote : Commissioner Bert: ino-yes Vice-Mayr,r McFlNoa -yc:; Commissioner Clyde-yes mayor Mikes-yes Commissioner Grace yes 4 .5 An Ordinance of the City or Dania, Florida , repealing permitted use No. 6 of the zoning district C-3 of Section 4 .20, Article 4 , Chapter 28 of the Code of Ord.i-nances of the City of Dania , Florida , relating to wet or dry stack marina and relaters racilities; providing that: all ordinances or parts or ordi-nances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such a ' conflict; and providing for an effective date. � City Attorney Adler stated that this ordinance amend - that section of the zoning code where wet or dry ;tack marina., ate 1te;tod in till' " permitted use category by moving it to the special exception use category. Y ; j Mayor Mikes opened the put,liC hndring Hearing no one speak in favor or (j opposition, the Mayor closed the public hearing . ir. A motion was made by Commissioner Bert [no, spoonded by Vice Maycn- McF1 yea to adopt this ordinance on first reading . The motion passed on the following r<,11 call Commissioner Brrtirno-yes Ficc.,-Mayi,r McI'lvea-ye:. Commissioner Hyde-yes Mayor dikes-yp s Commissioner Grace-yes 4 .6 An Ordinance of the City of Dania , Florida , amending_ Subparagraph (a) of Section 19-52 . Article TV, Chapter 19 of the Code of ordinances of the City or Dania , Florida , to provide for the appointment, of eleven (11 ) members to the Downtown Redevelopment: Agency; and providing that all ordinances or parks of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of. such conflict ; and providing for in effective date. Mayor Mikes opened the p-thlic hoauiug . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . .'-A motion was made by Commissioner Grace , s,rnnled by CKamissi "npr Hyde to adopt t-his ordinance i,ri :,r,cnnd reading . Tho motion passed on the fallowing roll call votP : Commissioner Bartino-yes Vice v1av()r yes commissioner Hyde-yes Mayor Miles yes; Commissioner Grace yes 4 .7 An Ordinance of the City of Dania , Florida , amending Section 1.6 . 40 of Article 1.6, Chapter 28 of the Code of ordinances of the City of Dania, Fl. , entitled "Industrial -Research Office (TRO) MUM" to provide for communication towers as a special exception use in TRO zoning di-strict classifications; and providing that all ordinances or parks of ordinances and all resolutions or parts of resolutions in REGULAR MEETING 11 AUGUST 27 , 1991 , t L. conflict herewith be repealed to the extent of such conflict ; and providing for an effective date . Alan Gabriel , Fsq . , representing Bell - South MuhiliLy, menti"ned that allowing communication towers as a special exception use was added In other zoning district, in the City recently but left cart ,f thc- 1R() district . Will Allen , Growth Management Direct„r, arlvis,od CPwt Iho Planning �G Zoning Board did recommend approval of this amendment as requested by Bell -South Mobility. Mr . Allen stated that if the nrdinanco is adopted , Bell- South Mobility will have to come Lack before the Commission to request a special exception for •appr" al of the location I<'I Iho l' tower" . Discussion followed regarding landscaping iequironionts <ni the special exception use that will be fen-thcorning and the Commission generally agreed to wait and address these requirements when the .special cxceplion request is brought back . Mayor Mikes opened the public hearing . Hug" Renda oxprvs"od a neutral attitude in regards to this issue hot exprossed concern for an eNcessive amount of towers that have been apprnvpd in the snrrounding area and the affect_ in the future . Mr. Gabriel responder) to Mr. Renda ' s concern by 14 4r adding that Cellular One and Bell South attempt te, work with each other TJ in regards to using the same toners . Hearing no further colmnelts , the Mayor closed the public hearing . A motion was made by Commissioner Hyde, seconded by commissioner Grace & to adopt this ordinance on second reading . S J Vice Mayor MCFlyea expressed his dissatisfaction with the City allowing y the con tructicnl of these rnmmunrcatiou towers as he felt there is an excessive amount of towers that have been granted in and around the surrounding area that has caused adverse esttletic value to the area . The motion passed on the fallowing rr,ll r�all cote : Comnlis ;i one r Bel IJIIo yes Vic-,— Mayor McElyea-no Commissioner Hyde-ye!; Mayor Mikes-ye:; Commissioner Grace- yes 5. SITE PLANS - none ' 6 . EXPENDITURE REQUESTS - none I 7 . DTSCUSSTON 7 . 1 Request by Timothy A. Zechman to display banner in excess of 30 days at Florida Queen , 118 North Federal Highway. Mr . Zechman came forward Lr, express permission to display a banner for six months advertising his yogurt business; Florida Queen . Will Allen advised that a banner cinest for in days call he approvod by the Building Official hurt a request iewr longeer than 30 days must come before the commission . Mr . Allen stated drat the :.ize ()f th,a banner requested is 9 ' 6" x 2 ' 8" which is just over 25 square feet for the south side of the building . Mayor dikes suggested that this request he cnns; idered in two increment approvals of 3 months at a time . Vice Mayor McElyea - uggested to have. Mr . Allen approve this banner for a 30 day period so that he would have an opportunity to see if the hannpl: has any negative esthetic effects to the area and , if not , Mr . Zechman could come back to the Commission for a longer PNtensi "n . A motion was made by Vice Mayor McFlyea , seconded Jr, Commi-ssioner Ber. tino to have Mr . Allen grant the banner request for 30 days so that ile can report, back to the Commission on thin affects . REGULAR MEETING 12 AUGUST 27 , 1991 I 1 The Ill"1 on passednll t he f "I 1'_)w i 11"j I caI I com In i ss i o!I er B IF I A Os \ aay( oa \ t's colilmissioulel Hyde- y'vs, Ma� fe- vikpf, \ o�� collinlissi011(Ir General Manager, re(Illests to extend 7 . 2 Marco Manzie , Sheraton Hotel Boodles lounge closing hours Lo 4 :00 a -m- 1 � s licells" I ' 'l, Lounge In, Kt's'' Mr . Man,j , requested I ch,"190 to I Irlontly OW Mod With to 4 :00 a . m . He Illentionlyd that his staff in c ind that they Pr(wide ill the state through the Responsible Act . 111114,111 !; cul t1w room seclllity ill tIlp lounge . Mr . Mauzip gave dolditifinal W, r operation of the hotel and Ih, mallipt nerd F"I a I "tur closing h"ur lot his location . thp Maynr Mikes 001990"d a time cI ali �cu f ,f the Imninlss . closing hours pr"por �)p prolmra all -ally agroInd In The CoMII1iSGi (_)n W-'nel le inhel regards: If) tills 11,gapsl s" that a ordinance amending the zoning " w, time. frame (7,11) be added . 10 Street rill 7 .3 Possible action on the Griffin Road Extension/NIR permit . City Atwrney Adler road his lot or I " Mikes gli, inij his loqal opinionthe City ' s p,sitloin requosting all agencies in" voll 0) Cu ti "n of any wrong doillf-I in "n"pot ' "n wit h ,,aid fill conduct all I I nvestiga 11 Regulation ill 11,galds menj of Enviroinment , permit issued by the Depart10 St rpol to the constrncti"n off Griffin Road Qs i s i gued I he' rip, 110 t Attorney Adler stated that C i ty Manager F"genp Jewel flo I I vw(u)(1 ioll f,)?- Mr . (Iol ald Val V the City , giving roprmiss in 19" on behalf Inc . , to represent the City as applicant in this mall " hark 'I I qj rovlqI IT the r"mm ' sn ' "n Mr . Adler St ill 0,d 1 11-11 this "a"I I)"'" -, (1,-i I , , i I I(:i C i I for Mr . Jewell to take Lbi s act ion "1'(' 1 ')at ' t I oc a t 0. sorb 1)1)r o v,I I i rl t I I., city records - A ad, b, Vice Mayor McFlyoa , s"Ondpol by Commissioner Hyd 1, t f091,1011 Was o authorize the CAY Nllofrnly I " prepare all ion in r"qdrds to this matter and Bond to all 1gonrips invnlvpd requesting them to review it and conduct an invest ig,'t if)" ill this matter . . . )It that Mr . Adler clam that I ,. in ,,, forming any 01111 ( Jwel I fit Ij(,jj % wo()d Tnc . but simply' I illegal action was taken by Mr . " incies invnlvelfoy the legal status of obtain confirmation from the ago this ppl-lilit application . Cil , was no shown as being c"Pied on Mayor Miki's fill idly tire. li (-.Il jequijpd (:ortain Wnls any of the legal miligatinn oortosWnduncp 111, in jelat j,)II f)i jhi ��! and certain decisi""s on envirc"Im"Wal i "y"I application plocoss . The Inot itul passed cul the F(01 ()willg 1 ()ll rall \7ir Coniminsioult-1 l Be I ino y-'s c Ma_ yt,i vlar commissioner HY(IO Yris CoMilli ss i Grare- yos 7 . 4 Discussion of AIA Alternate Study public meeting held on August. 21 , 1991 . hat ( his Illopting was a public inf"rmoll "ll city Manager FlatlPv r0l"It'd t asp alternate M"tes PrOP"" by Hr"wrld meeting deSf-rifling lll(� thlt�'! 1)h I hill tire loc4mmondation by County Planning Council , MI . FlallpY sidt (I(_ the Broward rn"nty MPn, city of Hillywonol and Cll � (if Dania is to use Dixie Corridor as Lhe only POssiblo allf!" nat " f;"alll and ' "'It thin alternate is nnf part tif the willi "Ir dnllar study Wing c"FIcIllcted by the State . RrGUbAR MEETING 13 AUGUST 27 , 1991 affects thin pr-Ant would havp to Discussion followed On the adverse imental Nou''s tha t' would havp In h'-, the Dania area and the main, enviio , Ompleve this study . MI addressed Over the protwsPd two v r ea period to c advised On any =Ptings Flatlet' stated that he will keep the " n MmiNs' " in regards to this important issue . 7 .5 Discussion of upcoming Neptune Fireworke; third year review Of their special exception . ctor , stated that %ept.une rilowol-Ks Will Allen , Growth Management Dire )Iewbor 1988 ith the condition was granted a Special ExrePtinn in SO -0 the businwill Iess is that there would he H three year review to ('th"i ' In inoludo,d operating properly . Mr. Allen advised s, Or, the September LO agenda . of the Illefol ing in 198R granting c Mayor Mil,05 n1ate" that he has a if there in any question Or' this special exeption that can be shnwn whot was agreed in by the city and the City Attorney Adler advised that iho review Wud" "ri that the Lhe Sperial FncoPti"n all )ws tho, colfullission commission added to this tho NepAnoy Firew"Irks if they are option to deny continued operation nf that the attorney for not funcLioning r"ri-f-clIv . Mr . Alder mentioned 0 seeking against BS BSO advised him that the pootiLinneu has filed suit to declare the State Statute unconslitut innal regarding the sale OF glatp Statute requires that fireworks . Mr . Adler stated that the 8 - 1- but that they must her certain firpw-uks call L"' s" "rp'd at I-his I "( 'It ienl tatp and anyone who wishes to purchase these sold and shipped Out Of s or stating they will nut-of state . firework.,.-, must sign " Pap' s ,,,d,d by Viro, Maynr Milips to A motion was made Commissioner Hyde , , Fismaud toot proper direct Growth MallagelliellL T)JI-ect.nL If) (j, ENcepLioti for the next advertisement an the review Of this We"al regular meeting . The motion passed "u the following r"11 wall- v(00 : Comm!ssi niter Bert i,ric'-� P:o; \71 c o -Ma y ("1 I ye it- e.s ff commissioner Hyde-Yes Mayor yon nracr yc '- 7 .6 Approval hf employ(o, s1.Igg0 !;Lion program. dvisod that changes have been made , an Mike Smith , Personnel Dirpri "r , a Mee S,gy0st- inn Pr"gram requPstocl ho, the Colllltlis: ioll , prnpi,sod I and On Pago ago-8 -lion 10 in Section 5 regarding patentable suggPsli "" regarding the following aw ard sch'Adulp : A maximum award "IF $500 for savings PNoding $100 , 000 CP savings $50 , 000 $qo ' (199 ,250 award for savings $25 , ()oo $49 , ()qo $125 award for , $75 award for savings $1 , 00n $21 = $50 award f"I savings $50 0- 1 , 000 -COrlific,ite of Merit'' S in jo�ss than $500 City Manager FlatlK lecomllirlruledapproval of this program as this plan is nno of many utilized in the .,fate . n e olided by c(,111missionor Hyde A motion was made by c"111111insiol-jol Peal tun ' led by Mike Smith , to approve the FMF)Invpp sugg,st j ( ,u Prograll, as preset' Per!l(ulrlel n i I ecl oI The motion assod win the f,l ] ,)wjuoj roll call \ i,p-Mayor McFl ea-Yes commi s�s inner Bert i no Yon Mayor Mikon ye!" C(ymissionor Hyde-ye C0IjjIjjjssinner Glace-yes REGULAR MEETING 14 AUGUST 27 , 1991 4. 8. APPOINTMENTS 8 . 1_ Appointments to the Marine Advisory Board (Commissioner Grace and Commissioner_ Bert: ino) Commissioner Bertin0 requested a unntinuante on his apl]i,intuit?nt . Commissioner Grace appnintoof Vito M.rinpiro, 8 .2 Appointments to the Recreation Advisory Board (Mayer Mikes and Commissioner Grace) CcmWayioner Grace appointed Lau Gnserdoifr Mayor Mikes raquested c(M inuance or his appointment . 8.3 Appointment Lo the Human Relations Board due to resignation of Ken McDougal. . (Vice-Mayor McEl.yea) Vice Mayor McElyea appointed Boh Adams: , iin SE ; Tarrace, to replace i:en McDougal. . A motion was made by Commissioner Hydc . ,ecnnded b`, Commissioner Berirnr to approve the appointments as stated in items 8 . 1 , 8 . 2 and 8 . 1 . The motion passed on the Following roll cYll vote : r r0111rTliss i.onPr Berti ro) yes Vice-Mayo!" �t r'Ed V'ea- V'eR i Commissioner Hvdf -pcsS Miry) ' ye�; ll Cot1misrioiiPI. Grate-yes A r �! 8 .4 Appoi.nLment of voting delegate and alternate voting delegate for p annual. National. Leayue of Cities Convention. 3 � The Commission decided to consirI110 1lWs:e -gjpn91'1tben1 :; a:; III(,- appointments do not have tii be Illarle until Wtober 11 . . r Y 9 . CTTrzENS ' COMMENTS none 10. ADMINT STRATTV i REPORTS City Manager 10.1 Griffin Park summer program status report. . Cite Manager Flatley advised that hP had a meeting with Caumr ;sioner Nick ! Grossman , County Administrator Jack 0sterh(.dt , Bnigot Director John Canada and Saline Bruce, Administrative 'assistant to the County Manager regarding Fuming by the Crunity for the siH met program at Griffin Park . Mr . Flatley advised That the Cnunty has, agreed to subsidize apprnNimataly 57 children living in the unincorporated area that use the Griffin Park program until the year ] 995 and ilia!_ in 19115 , they would be taken into tho Cit:v of Hollyworrd . Mi . Flatley said this would be handled by the Cn nity rnnding the hiring of 5 summu!- recreational aides for Griffin Pork that the Cite would 110%w to pay rnr' that is clnse, to the, cost r"i :ubs: idizing the children . 10. 2 Marina Mile luncheon, September l9 , 1991 Mr . Flatley requested the attencdanr_,e of the, Mavnv and Commissioners at the luno�hoon rc_rr the Marina Mile on Scptemher 19 , 1991 , noun , at flit Holidal Inn nn State Road 84 . Mi . Flatley Mentioned that the cost is $1.0 . 00 per rwrson and that thin luucllenn will give Flit-: properly owners in the area an opportunity to meet their ynvornwental representatives . Mr . Flatley advised that a hus l "nr will In rnnductod along the State_ Road 84 area pointing out to tire-: County rcpres;entitives, the concerns; that Dania feels.: needs to he .addressed in do,,-cloping the Mar ina Mile area . REGULAR MEETING 15 AUGUST 27 , 1991 1 t 1 10 . 3 City accepts tree donations from private property Mr. Flatle} advised that th" vity has; 1"es. .fnlly Ir ans"lantcd I " M . Royal Palm tl ems: donated 01 t'.n1111i11 t1�Ulr 1 B�..;' t inn oil An Agrounds h Flatley advls^d that he will be bl illginy a Par,�tram try the t ,unni >" ,i �,n in September regarding irr-,e Knat i "HS . Mr . P] atley lat�datc,d they celnunis ; I n1 yen eoutinuuul effolI tc, for th"- mewl � Federal RevenueShalin9 funds to a9.`,i gt 111 f. � ] A I �11UJ ' ��,.r>Illltll: .`�Liiil asannexation area . Her went lined that hey will advise the. progress is made . City Attorney city AtCc,rneg Adler said he wa adv i :•ed by Broward cr,nntg that 12 5 acres of the Griffin Park land is owned by the sehi nd bn,,tl d and l r aced to Broward County , Mr. Adler sWed that this lease will be 'assigned over to the taty" . nh" . Adler added that thel p is also 2 . 5 ae to s located in the southwest r " npr IV the vwwnr Field ! hat was thinatod In accordanc,o! with a Developer Ay in taut of impact feos that will be deeded over tee th, City as t�eLl. . Mr . Adler e,tate,d that he will (NT% the Commission on any dncumpnt9 he r1(7(11A'e8 . !, ^t `Ir . Adler advised that he is we,l k.i ng on t wr> o,.d.i nanr 0 ; regarding permit fees for advertisement/annual I ,s,,,I Iran of signs and implementation of graffiti paint on buildings f"i the nPNI regular fie., , ! ing . 11 . COMMISSTON COMMENTS t , 11 . 1 Commissioner Bertino v G J Commissioner Bertino encouraged the donation of trees as the City .ts i. ! required to plant so many trees every year to retain their Tree USA designation. Commissioner Bertino congratulated all those involved in the "Dania--A- Fair" that was successful . Mr _ Bertino reported that: he attended the League of Cities Convention and mentioned that they are disbursing an educational program to schools for those cities interested dealing with education of government and the people ' s involvement :in government. He reported that Broward Country schools have been awarded a $10 , 000 grant because they are going to he one of the pilot school systems to i.mplement this educational program. Commissioner Bertino requested trite City ALI.orneY to go forward with preparing the ordinance relating to making property owners responsible for maintaining trees that are in danger of falling onto adjacent properly owners land _ commissioner Bertino suggested st.yrofoam cups not he used as they are detrimental to the environment and rem nded the public to be careful when driving for the safety of children now that school is open . " At Commissioner Bertino request , City Manager Flat.ley reported that the Resolution 'Crust. Committee has filed foreclosure on Lhe Chateau DeVille project . City Attorney Adler stated that there are several companion interested in huyi.ng the property and that the attorney for Lhe Commitl.ee has requested the City not Lurn the water off for" the units until the foreclosure is in affect . 11. .2 Commissioner Grace Commissioner Grace expressed her appreciation to everyone who sent cards and flowers to her daughter, Cheryl , who was in the hospital . Commissioner Grace commented on a meeting she recently attended on an education program entitled "Fducat:ion Begins" for high school students presented by Ms . Dorothy James and Principals from Hollywood Hills and South Broward High School.s . She mentioned that there is also a program RFGUTeAR MFFTTNG 16 AUGUST 27 , 19g1 a where teachers are going to donate their timc> to tul.or students as a means to encourage education . commissioner Grace commented on her attendance at. the Dania-A Faii and encouraged even better support for this event next year . 11.. 3 commissioner Hyde commissioner Hyde expressed a Happy tii_KI"% to his daughter. commissioner Hyde expressed the need for adults t.o spend time with children. 11 . 4 Vice Mayor McElyea Vice Mayor McElyea mentioned the physical abuse that Mr . & Mrs . Herr sustained from a recent burglary and the need for people to be educated by 1:he Police Department, in an effort to protect themselves from this type of crime. Vice Mayor McElyea requested City Manager Flatley look into maintenance of a tree blocking the cross-walk lights at Phippen and Stirling for the safety of school children . Vice Mayor McFl.yea mentioned the need for the riser:; for the water shut- the new paving on old Griff. i_n Road as offs to be brought up even with people are knocking their car alignments out of place. danger of lick on stickers that, are Vice Mayor McFlyea mentioned the a laced with I..SD and other drugs being distribuged to school children . •,,� 11 . 5 Mayor Mikes r City Attorney Adler commented on the "Youth in Government" program being started Lhru the League of Cities and the fact. that. ilania has been conducting an annual "Youth Tn Government" program for years . Mayor Mikes commented on how crime has become so vicious over the past 15 years in relation to the beatings of. Mr. & Mrs . Herr . Mayor Mikes suggested grant monies; he used t.o implement safe neighborhood programs for condominiums . Mayor Mikes mentioned the need to be sure trees that are being planted are wagered on a regular basis so they don ' t, die. Mayor Mikes commented on the financial stress the City will be under due to the approval of the pension benefits for the 18 police officers who remained in the Dania Pension Plan when HSO took over police services . This regular commission meeting was then adjourned . MAYOR-COMMTSSIONFR CITY CLERK-AUDITOR REGULAR MEETING 17 AUGUST 27 , 1991 t Y ti AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 27, 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 * Broward Office of Natural Resource Protection reviews EPA's plan to clean up the Lindsley Lumber site 1. CONSENT AGENDA ' Minutes 1. 1 August 13, 1991, regular meeting Ordinances 1.2 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO CHANGE THE AMOUNT OF THE MONTHLY RETIREMENT BENEFIT j FOR BROWARD SHERIFF' S OFFICE DEPUTIES AND LAW ENFORCEMENT y i OFFICER' S ACTIVELY PARTICIPATING IN THE DANIA POLICE AND FIRE- (j R � FIGHTERS RETIREMENT SYSTEM RETIRING AFTER OCTOBER 1, 1992, CHANGING THE RETIREMENT AGE, CHANGING THE AMOUNT OF EMPLOYEE CONTRIBUTIONS TO FUND SUCH BENEFITS, CHANGING THE EARLY RETIREMENT AGE, PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN, 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. " (first ordinance reading) 1. 3 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO CHANGE THE RETIREMENT AGE, CHANGE THE EARLY RETIRE- MENT AGE, AND PERMIT THE ESTABLISHMENT OF A DEFERRED RETIREMENT OPTION PLAN FOR FIREFIGHTER MEMBERS, 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. " (first ordinance reading). 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING IN THEIR ENTIRETY ARTICLES I, II AND III OF THE EXISTING CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA; PROVIDING FOR RULES AND REGULATIONS FOR THE MANUFACTURE, SALE AND DISTRIBUTION OF WATER BY THE CITY; PROVIDING FOR RULES AND REGULATIONS FOR THE COLLECITON, TREATMENT AND DISCHARGE OF SANITARY SEWERAGE AND OTHER WASTE WATER WITHIN THE CITY; 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. " ( first ordinance reading) 1 ' 4 CONSENT AGENDA (continued) Resolutions 1.5 COUNTY THAT OTHE FCITY OF THE T FLORIDA, DANIA WISHESY OF DANIA, TOBEA COT IFYING O PERMITTEEWITH BROWARD COUNTY IN THE NPDES PERMIT APPLICATION AND TO PAY THE REQUIRED APPLICATION FEES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.6 HISPANOICUHERITAGE TION OF T FLORIDA,HE CITY OF DANIA, MONTH, OCTOBER, 1991; AND PROVIDING IN R F FOR AN EFFECTIVE DATE. u P, A, APPVING 1.7 RIGHTSOFUWAYN OF DETAILE CITY OF PREPARED BYNBERRYLANDDCALVINR,OINC. , PEE. ; AND TYPICAL PROVIDING FOR AN EFFECTIVE DATE. " 1.9 "A RESOLUTION OF THE CITY OF DANIA, VING THE PARTICIPAT RY AGREEMENTBETWEENTHE SOUTH DFLORIDA OREGIONAL PLANNING COUNCIL AND THE CITY OF DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. " THE 1.9 MANAGER LTOI SUBMIT ON OF TAN APPLICATION HE CITY OF IFORFLORIDA FUNDING UNDERRTHENFLORIDAITY T RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR DANIA BEACH PARK; DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS THE OFFICIAL LIAISON AGENT; CONFIRMING THE AMOUNT OF FUNDS REQUESTED IN THE GRANT; CONFIRMING THE TOTAL COST OF THE PROJECT; CONFIRMING THE CITY'S RESPONSIBILITY TO DEVELOP, OPERATE AND MAINTAIN THE rI PROJECT; CONFIRMING THAT THE CITY OFFERED ALL CITIZENS THE .i OPPORTUNITY TO PARTICIPATE IN THE PLANNING PROCESS RELATIVE TO THE ADOPTION OF THE RECREATION AND OPEN SPACE ELEMENT; CONFIRMING THE ON-GOING PARTICIPATION N PLANNING D SELECTION OF RECREATION PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. " I� l PROCLAMATIONS - none BIDS (8:15 closing) 3. 1 Receipt of bids for collection and disposal of solid waste 3.2 Receipt of bids for Water Treatment Plant renovation PUBLIC HEARINGS 4 . 1 Petitioner/Owner - Tom Sette; property located at 210 SE 3 Terrace Public Hearing - VA-33-91 - A variance is requested from side yard setback requirements. 4 .2 Petitioner/Owner - Bridges; property located at 4550-4622 SW 32 Ave Public Hearing - VA-34-91 - A variance is requested for a variance to operate an Adult Congregate Living Facility. 2 d 4. PUBLIC HEARINGS (continued) 4 .3 Petitioner/Owner - Seaside Group, Inc. ; property located between along SE 4 Court and SE 5 Avenue between SE ,7 Street & 5 Street Public Hearing - VC-32-91 - Adoption of the following resolutions: A) A RESOLUTION OF THE CITY OF DANIA, FLORIDA, VACATING THAT CERTAIN UTILITY EASEMENT LEGALLY DESCRIBED AS: THE WEST 10.00 FEET OF LOTS 1 THROUGH 9, INCLUSIVE, OF "GLEN-LAUREN HOMES" , AS RECORDED IN PLAT BOOK 141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA EXCEPTING THEREFROM THE NORTH 8 FEET OF SAID LOT 2, THE SOUTH 2 FEET OF SAID LOT 3, THE NORTH 6 FEET OF SAID LOT 4, THE SOUTH 4 FEET OF SAID LOT 5, THE NORTH 4 FEET OF SAID LOT 7, THE SOUTH 2 FEET OF SAID LOT 8 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. HAT B) RESOLUTION OF THE LEGALLYY OF DESCRIBED,AS: THAT,PORTIONNOFTLOTSC TAIN IO THROUGH 18, INCLUSIVE, OF "GLEN-LAUREN HOMES" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE, NORTH 90000'00" EAST (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID LOT 18, A t DISTANCE OF 77 .88 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE NORTH 90000000" EAST ALONG SAID NORTH LINE 4 . 14 FEET; THENCE, ALONG de THE EASTERLY LINE OF SAID LOTS 10 THROUGH 18, INCLUSIVE, FOR THE FOLLOWING FIVE COURSES: ( 1) SOUTH 45-00,49" EAST 49.49 FEET; (2 ) SOUTH 00001 , 38" EAST 304 .72 FEET; (3 ) SOUTH 06048156" WEST 100.72 FEET; (4 ) SOUTH 00001 ,38" EAST 150 FEET; (5) SOUTH 44058152" WEST 49.50 FEET; THENCE, SOUTH 89059,22" WEST ALONG THE SOUTH LINE OF 1 SAID LOT 10, A DISTANCE OF 4. 14 FEET; THENCE, NORTH 00°00' 38" WEST a' 10 FEET; THENCE, NORTH 44058152" EAST 41.22 FEET; THENCE, NORTH 00001138" WEST 146.45 FEET; THENCE., NORTH 06°48156" EAST 100.72 FEET; THENCE, NORTH 00°01 , 38" WEST 299 .98 FEET; THENCE, NORTH 45000 , 49" WEST 41.20 FEET; THENCE, NORTH 00000 ' 00" EAST 10 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE NORTH 1 FEET OF ff SAID LOT 12, AND THE SOUTH 5 FEET OF, SAID LOT 13; 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. " C) "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, VACATING THAT CERTAIN ROAD RIGHT-OF-WAY LEGALLY DESCRIBED AS: THAT PORTION OF SE 5TH AVENUE, AS SHOWN ON THE PLAT OF "GLEN-LAUREN HOMES" , AS RECORDED IN PLAT BOOK 141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10 OF SAID "GLEN-LAUREN HOMES" ; THENCE, SOUTH 89059 , 00" EAST (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 69 . 99 FEET TO THE POINT OF BEGINNING; THENCE, ALONG THE EASTERLY LINE OF LOTS 10 THROUGH 14, INCLUSIVE, OF SAID "GLEN-LAUREN HOMES" FOR THE FOLLOWING THREE DESCRIBED COURSES; ( 1) NORTH 45000, 30" EAST 49. 50 FEET; ( 2 ) NORTH 00000, 00" EAST 150 FEET; (3 ) NORTH 06°50' 34" EAST 100. 72 FEET; THENCE SOUTH 00000100" EAST ALONG A LINE 53 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, AS SHOWN ON SAID "GLEN-LAUREN HOMES", A DISTANCE OF 285 .01 FEET; THENCE, NORTH 89059100" WEST 47 .01 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SE 5TH AVENUE, AS SHOWN ON THE PLAT OF "GLEN-LAUREN HOMES", AS RECORDED IN PLAT BOOK 141, PAGE 35, OF THE PUBLIC 3 RECORDS OF BROWARD COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 18 OF SAID "GLEN-LAUREN HOMES"; THENCE, SOUTH 89058, 22" EAST (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID LOT 18, A DISTANCE OF 82 .02 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE SOUTH .89°58 ' 22" EAST 34 .98 FEET; DISTANCES OFT34 .9900' 00" EAST FEET; THENCE,�ONG NORTHE EAST LINE OF 44°59' 11" WEST AID LOT ALONG E, A ALONG THE NORTHEASTERLY LINE OF SAID LOT 18, A DISTANCE OF 49 .49 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL RESOLU- TIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. NG THE ONING 4.4 REGULATIONS COFO BROWARD F THE I TY OF DANIA, FLORIDA, FLORIDA,RASA AMENDED ITHROUGH ZSUPPLE- MENT NO. 61 , WHICH SHALL APPLY TO THE RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS; PROVIDING FOR CODIFICATION; 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. " (first ordinance reading) 4.5 "AN ORDINANCE OF THE CITY OF DANIA, F'LORIDA, REPEALING PERMITTED USE NO. 6 OF ZONING DISTRICT C-3 OF SECTION 4 .20, ARTICLE 4 , CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, RELATING TO WET OR DRY STACK MARINA AND RELATED FACILITIES; 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. " (first ordinance reading) 4 .6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBPARAGRAPH (a) OF SECTION 19-52 , ARTICLE IV, CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE APPOINTMENT OF ELEVEN ( 11) MEMBERS TO THE DOWNTOWN REDEVELOPMENT AGENCY; 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 i EFFECTIVE DATE. " (second ordinance reading) ON 4.7 OFNARTIICLENCE 16,OF THE CHAPTER1TY OF 28 OF THEICODELOFIORDINANCESNOFSTHEICITY6OF0 DANIA, FL, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" TO PROVIDE FOR COMMUNICATION TOWERS AS A SPECIAL EXCEPTION USE IN IRO ZONING DISTRICT CLASSIFICATIONS; 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) SITE PLANS - none EXPENDITURE REQUESTS - none -N t 4X W 4 7 . DISCUSSION 7 . 1 Request by Timothy A. Zechman to display banner in excess of 30 days at Florida Queen, 118 North Federal Highway. 7 . 2 Marco Manzie, Sheraton Hotel General Manager, requests to extend Boodles Lounge closing hours to 4 : 00 a.m. 7 . 3 Possible action on the Griffin Road Extension/NE 10 Street fill permit. 7 .4 Discussion of AlA Alternate Study public meeting held on August 21, 1991. 7 . 5 Discussion of upcoming Neptune Fireworks third year review of their special exception. 7 . 6 Approval of employee suggestion program. 8. APPOINTMENTS 8 . 1 Appointments to the Marine Advisory Board (Commissioner Grace and Commissioner Bertino) 8 .2 Appointments to the Recreation Advisory Board 1 (Mayor Mikes & Commissioner Grace) 8 .3 Appointment to the Human Relations Board due to resignation of Ken McDougal . (Vice-Mayor McElyea) 8.4 Appointment of voting delegate and alternate voting delegate for annual National League of Cities Convention. 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 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 City Manager 10. 1 Griffin Park summer program status report 10.2 Marina Mile luncheon; September 19, 1991 , . ;, . 10.3 City accepts tree donations from private property owners City Attorney COMMISSION COMMENTS Commissioner Bertino 1'.2 Commissioner Grace Commissioner Hyde ;�;yice Mayor Mc Elyea 5" Mayor Mikes t 5 I