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HomeMy WebLinkAbout1991-08-13 Regular City Commission Meeting Minutes and Agenda c, MTNIITES DANTA CTTY COMMISSiON REGULAR MFFTTNG August 13, 1991 INVOCATION I3Y CTTY MANAGER FI,ATi,EY PLEDGE OF ALLEGIANCE ROLL CALL: Present, : Mayor: Hob Mike:: Vice Mayor. : Charles McFlyea Commissioners: Bill Hyde John HerCi_no City Attorney: Frank Adler City Manager: Robert Flatley Deputy City Clerk: Marie Jabalee Absent : Commissioner: Bobbie Grace A motion was made by Commissioner Berti_no, seconded by Vice Mayor McElyea to excuse Commissioner Grace from this meeting. "j�_' ^•, The motion passed on the following roll call vote : ia. l Commissioner Bertino- 'r': Vice Mayor `U i � Commissioner Hyde- yes Mayer Mi lco s-yoss ,t r MAYOR MTKES MOVED ITEM 7. 3 TO BE HEARD AFTER 5. 1 . jPRESENTATTONS u '. � *BSO Deputy of the Month Award J, Captain Carney, BSO, reported that four individuals have been arrested in connection with 28 auto thefts in Dania that: took place in the month of July. He reported that: Pam ' s Studio at 219 North Federal. Highway, operating as a house of prostitution, has been closed down. Captain Carney reported that the noise meter has been received and that deputies are scheduled to be trained towards the end of this month and that he expects to be operational in September. Captain Carney informed the Commission of an identification program thru BSO that will assist Alzheimer victims in the event that: they become lost. Captain Carney mentioned that an individual has been arrested in I connection with a robbery that took place at the Kentucky Fried Chicken on August 8 . He added that a number of other robberies that took place at Kentucky Fried Chicken Restaurants have been cleared up due to this arrest. Captain Carney presented the "Deputy of the Month Award" for the month of June to Sergeant Bill Gammon and commended him on his exceptional performance in relatJ on to his responsibilities as Sergeant in charge of district detectives and also on the operation of the tactical unit: for prostitution and drug slings . Captain Carney presented the "Deputy of the Month Award" for the month of July to Deputy Jack Cast.ellaneta . He recognized Deputy Castellaneta for his assistance in capturing four individuals in connection with the recent burglary at Island Sports. AT THTS TiME, MAYOR MIKES ALLOWED ALIX BUCHSBAUM, DANTA CTVTC ASSOCTATTON, TO ADDRESS THE COMMTSSiON. REGULAR MEETTNG 1 August 13, 1991 c Y. Alex Buchsbaum urged citizens to become more involved in assisting the police to fight crime. Mr. Buchsbaum recommended people be educated to take more responsibility in fighting neighborhood crime. PULLED FROM THE CONSENT AGENDA Commissioner Bertino pulled item 1 . 3 and Mayor Mikes pulled items 1 . 5 and 1 .6 from the Consent: Agenda . 1 . CONSENT AGENDA Minutes 1..1 July 9, 1991 , workshop meeting 1 .2 July 10, 1991 , budget workshop meeting Brills 1 . 4 Approval of bills paid in the month of June, 1991 . Resolutions 1 .7 A Resolution of the City of Dania , Florida , approving modification I •> �', to License Agreement between Florida Power & bight Company and the City a: of Dania dated July 29 , 1981; and providing for an effective dace. Ordinances 1 . 8 An Ordinance of the City of Dania , Florida, amending Subparagraph 3 (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 i (11) members to the Downtown Redevelopment Agency; and providing that all ordinances or parts of ordinances and all resolutions or parts of ,l resolutions in conflict herewith be repealed to the extent of such conflict ; and providing for an effective date. 1 . 9 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. II A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the Consent Agenda with the exclusion of .item 1 . 3 , 1 . 5 and 1 .6. The motion passed on the following roll call vote : Commissioner Bertino-yes 'rise-Mayor McFlyea-yos c Mayor Mikes Hyde �•es - PULLED FROM CONSENT AGENDA 1 . 3 Commissioner Bertino mentioned that he was absent from the July 23 regular meeting but that the roll call shows him voting on each motion that was made in the minutes. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the July 23, 1991 , regular meeting minutes with the correction to each roll call by deleting his name . The motion passed on the following roll call vntt : Commissioner Bertino, -yes Vice Mayor McKliva yes Commissioner Hyde-yes Mayen- Mikes-yes 1 . 5 A Resolution of the City of Dania, Florida , approving the filing of request for participation in the Florida Association of. Counties , Inc. (FAC) Group NPDES St:ormwaLer Permit Application, and payment of the filing fee connected therewith ; and providing for an effective date . City Manager Flatley reported that this is the beginning of a program called NPDES (National Pollutant: Discharge Elimination System) which attempts to catch pollutants bof:ore they go into waterways. Mr . F1at,ley REGULAR MEETING 2 August. 13 , 1991. i 4. commented that the procedure involves catching the fir :l. 1 1 /2 inches of runoff: which contains the most oil and grease. He stated that this program is part of the Clean Water Act that was passed in 1989 and mentioned that he expects this to be costly to the City. Tim Tapp, Public Works Director , mentioned that this program has been broken down into two parts; (1 ) Identification of fact lit.ies (2) thaC Monitoring and testing runoff from each facility. Mr . Tapp stated the City qualifies for this grogram due to having a maintenance transportation facility (City Garage) as part of the City. Mr. Tapp recommended approval of this resolution in order that the City may become part, of the NPDES. Commissioner Bertino expressed his concerns on funding this project . A motion was made by Commissioner Hyde, seconded by commissioner Bertino to adopt this resolution . The motion passed on the following roll call voCe : i. Vice-Mayor McElyea-�'f`s Commissioner Bertino- yes Commissioner Hyde-yes Mayor ^tikes-yes 1 .6 A Resolution of the city of Dania, Florida, adopting the amended and restated flexible benefits plan within the meaning of Section 125 (D) :. of the Internal Revenue Code of 1986 , as amended; and providing for an effective date. l+ Mike Smith, Personnel Director, staled that the Section 125 Programs have become very popular in the last 6 to 7 years with private and 3 i public sector employers because it benefits both the employee and the employer. He explained that the plan provides the employee the benefit to maximize their tax advantages in out-of-pocket medical. and child care h � expenses and a cost savings to the City by decreasing payroll related expenses thru the salary reduction agreement with the employee. Mr. Smith recommended approval of this resolution which changes l:he language to conform with TRS regulations . A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to adopt: this resolution. A The motion passed on the following roll call vote: commissioner Bertino--yes Vice-Mayor ^1cF.lyea-yes ' Commissioner Hyde-yes Mayor- Mikes- yces 2. PROCLAMATIONS- None 3. BTDS - None II 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4.1 An Ordinance of the City of Dania, Florida , amending Section 16-40 of Article 16, Chapter 28 of the Code of Ordinances of the City of Dania, Florida, entitled "Industrial -Research-Office (TRO) District" to provide for communication towers as a special exception use in TRO zoning district classifications; and providing that all ordinances or parts of. ordinances and all resolutions or parts of resolutions i-n conflict: herewith be repealed to the extent of such conflict; and providing for an effective date . (first. reading of ordinance) Will Allen, Growth Manager Director, explained that this nrdin-tnce is presented tonight on first reading invol \-ing a piopor;ed lest ctrvxlo amendment which would add the catagory of ,C'onrmiuricatjou Tower _;" to tho list of special exceptions in the TRO zoning di.�;trtct . Mr . Allen then explained the reasons behind the Plarn'iing & Zoning Board ' s recommended approval . Mayor Mikes opened the public hearing . Hearing nn one speak in favor opposition , the Mayor closed the public hearing . REGULAR MEETTNG 3 August 13 , 1991 ^, , A motion was made bY (\`mmi:xjoupr Drriiuo' orn^/Ucd hy rommi^ni«»ec �U d to adopt this ordinance / « «v o� first reading �o l] ./C')mmm/i 'aii'> c as a special exception use in the 7RU zoning 0is�/�i n �^xora" 'n ug '`� (%T-3�-9] ) . The motion passed on the following roll call vote: Commissioner Decti//o-ye,,; Ticp-Mayor MrS] y+a n Cmmmixaiooec Hyde-yes Mayor NikeB-yes - ^ 4 .2 Petitioner - Attorney A.J. Ryan, Jr' ; Owner - & die ` y Inc7 Property at 150 Stirling Road . 8) Public Hearing - RZ-17-91 - An Ordinance of the City1 Dania , Florida, rezoning the following described lands, 1-0 -wit: 7 South / o ' Lots 8' 9' 10, 11 ' 12 and 14 in Block 27 �n [ Mod ` m o ' ' according to the plat thereof, Dade County, recorded in Plat Book D/ at page 49. and being in [b City [ e Florida; said lands situate, lying e y V Dania ' Drnward Couuty, Florida, zoning classification to C-] zoning classification under the present of Ordinance No. 100 of the City of Dania Florida ,� n er A� provisions providing that all ordinances or parts of 'ordi a» amended; and or parts of resolutions in cooy]jcL herewith be and all resolutions �/f such conflict; and Providing for an effective repealed i« tbo extent of ordinance) ` «c ve date. (final reading A.J. Ryan, Attorney representing 8ndio ' u Tn c^ ' explained that thisV request involves a rezoning from RD-6000 to ' -] for the property k oVwna« the Willow Manor Retirement Dome ' Mr' Ryan explained that uponapproval of r�xnoioy there jo also a request for a variance to allow a 15 room addition with an east and wnnL oid*yard setback of 5 feet ( 10feet required) and 29 parking spaces (4] required) along with site plan ~pprwval � yr, ' 8yan described the areas forCbai the dining Public information and addedro�m area wilIbe iooreaood by 900 square feet. ' Will Allen, Growth Management Director, staLed Lba� he t Planning & Zoning Board recommendation consistent to approv �b agrees w ib the 6000 t» C-] due to the rezoning beingre*«uiu9 from RD- Plan which does abnp this uuLjce block with \8o Comprehensive e e [ ' tb as commercial use, a portion of the property already being used for� e retirement home a per a variance in I980 and since this that includes is couyiatent with' the surrounding / a znciodes other commercial uses . | i no one speak in favor or nppositiou Mayor Mike opened the public hearing on the rezoning requesting D the Mayor closed �b ` ear hearing. ' »o e publir ' & motion was made by Vice Mayor Yc8lyoa' seconded by Commissio ner to adopt the ordinance on the rezoning (K%-] 7-91 ) from RD -6000tV C-] for uetvod and final reading. The motion yonned on the [^llowio9 roll ,all vote : � Commissioner Rertin^ yes ?ico�qa�nr HcC] ?e^ Commissioner Hyde-yes q alor Mikes-�ex 8> Public Hearing - VR-18-91 - The following varia to allow a 15 room addition : oces are requested a} An east and west oideyard setback of 5 feet (10 { ' b) 29 parking spaces (43 spaces required) eet required) !|r. Ryan explained that the variance rog000t i : for | 5 and an addition of 900 square feet to the dining « r»w» *ddi � i»» retirement home. '"mo area of the Will Allen , Growth Management Director , e u"uiny spl^in'�d that, the Planning Boar &d recommended approval to extend the wall «[ the cdi»iu9 room xiatiuge5 �noL setback and the rp�ve» [ �yarkiug spaces . th, 19 Discussion followed on the parking survey conducted h 8lleo 'y confirmation that there appears t h � 9| � K}�a» and Mr . facility. ^ e *«[�iri(ui parking at_ th« REGULAR MEETING '+ 8ugusi l] , 1991 /. / ^ ` / Mayor Mikes opened the public hearing. Jay Fields expressed his concern to ensure the parking survey was conducted on a Sunday at the hLae when there would be an increase in visitation . The Commission clarified that the parking survey did include Sunday . Peggy Breeschoten and Rusanne Knight commended the owners of tho retirement home and expressed approval of this request . Hearing nc, further comments , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Nice Mayer McElyea to approve the variance (VA-1R-91 ) 4 . 2 B (a) t.o allow a 15 room addition at the [Dillow Manor Retirement Home with an east and west s'ideyard setback of 5 feet (10 required) The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor kF;lyra yes Commissioner Hyde-yes Mayor 'likes-yes A motion waa made by Commissioner Bertino, soconded by Lace Mayor McElyea to approve the variance (VA-18-91 ) 1 . 2 B (b) to allow 29 parking spaces (43 required) with the condi. t�inn that this facility shall remain 11.• 'r^ an adult congregate living facility . The motion passed on the following roll call vote: 1' Commissioner Bertino-yes Vice-Mayor McElyea-yes ?, Commissioner Hyde-yes Mayor Mikes--yes 5. SITE PLANS 5 . 1 SP-28-91 - A site plan approval is requested for a 15 room addition to the Willow Manor Retirement Home . Attorney Ryan explained the landscaping additions to the site plan request . Will Allen , Growth Management Director, recommended approval based on the building elevations being the same as the existing building in both instances and that the landscaping is in conformity . Mr. Allen complimented the operation of the facility and reminded the Commission of the positive public response to the project . A motion was made by Commissioncr We, seconded by Commissioner Bertino to approve the site plan (SP-28- 91 ) for a 15 room addition to the Willow Manor Retirement Home . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde--yes Mayor Mikes yes ITEM 7 . 3 WAS HEARD AT THIS TIME 6 . EXPENDITURE REQUESTS 6 .1 Request to expend $1 ,653. 50 from the Law Enforcement Trust Fund. City Manager Flatley reported that there is a valance of around $90 , 500 in the Law Enforcement Trust Fund which funds come from confiscations from drug enforcement activities . Mr . Flatley mentioned that this request is to purchase an antenna for hurricane purposHs to ho stati-nnod at one of. the MFBA buildings and to replace some officer equipmpnt . A motion was made by Commissioner Bertino, seconded by Visa Mayoa McElyea to approve the expenditure of $1 , 653 . 50 from the law Enforr mcnt Trust Fund . REGULAR MEETING 5 August, 13 , 1991 u 4. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor McFlyea yes Commissioner Hyde-yes Mayor Mikes-_yF,fl, 6.2 Request to approve additional funding for the Airport consulting services of Edward Curtis. Mr. Flatley stated that the City has spent $17 , 000 so far on legal consulting expenses with Ed Curtis on the airport expansion issue and that he is requesting approval of an additional $10 , 000 for the coining year. Mr . Flatley mentioned that there is $21 , 000 left in the airport consulting budget right now . A motion was made by Commissioner Hyde, seconded by Vice Mayor 4cFlyea to approve the transfer of $10 , 000 from the airport consulting budget . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice -Mayor McElyea--yes Commissioner Hyde-yes Mayor Mikes-yes 6. 3 Request to expend $5, 000 to resolve a drainage problem at 490 SW 9 Street with the property owner paying half the cost. . i �. Mr. Flatley stated that there has been a continuous problem with drainage at 470-490 SW 9th Street known as AAA Modern Air Conditioning and that the owner has agreed to split the cost of installing a drain to ". resolve this problem. Tim Tapp, Public Works Director , advised that Berry & Calvin, City ii Engineers , mentioned that a solution might be to install a double drywell system which might cost in upwards to $10 , 000 or they may be ?'. able to install something for around $5 , 000 but that they need more time to come back with final costs . Vice Mayor McElyea suggested to use the designs frcm the recent installation of a drainage system at 3rd Street and 4th Court which was I worse than this problem . Mr. Flatley remembered that project costing around $5, 000 . Mayor Mikes suggested that this item be deferred until the next regular meeting so that Mr . Flatley can go forward with obtaining total cost: figures and the design to be used for this project . 7. DISCUSSTON 7.1 Mr. & Mrs . Renaud are requesting a one year extension to a variance granted for the property located at 625 NE 2nd Place. Lisa Renaud explained that she has a contract for the purchase of her vacant property and that the new owners need to be sure that the variance extension for lot frontage requirements will he granted until. they build on the property. City Attorney Adler questioned Mrs . Renaud on whether tyre new owners have a hardship as variances are not granted without_ showing hardship. Will Allen , Growth Mdnagement Director , clarified that the property involves two adjoining platted lots that have separate zoning requirements dire to being in different: subdivisions . The lot that. Mrs . Renaud ' s house is on requires 60 ' and the vacant IN beside her home requires 75 ' . City Attorney Adler gave his legal opinion that the Commission could take action to grant an extension on the variance . A motion was made by Vise Mayor MoElyea , seconded by Commissioner- Bertino to grant a one year extension on the variance request at 629 NF 2 Place as requested by Mr. & Mrs . Renaud . REGULAR MEETING 6 August. 13 , 1991 r i f S �. . � � � �� � � '. . + . ■ . . , � , 1 � � Y 3 �� :�: `.i'. �. _ v !�i•',+ Nr .r'` f,.., A,... r. j r r _ �. r �'3 � � v r( y.:; _ +;v. `f f. J.R. ' I �4'. I. ..5� 3 .:3: L ... r. t ,. `"� r v ` .v^ �t .. r k 'r r� S ,i:. r.: .r ._' it ^r 3 .-A.. F�3 r�o L i ,.�. � t a � i J r s �f ,_ �. ,y rt�s r� - b r a t� .t: �i�;•• A< r Rly'� ;,`�a<Zzil' rFo 5. . • h>,Kg� �rt of`Y•. Jr4r <'.{ >, 4i The motion passed on the following roll call Vote: Vice-Mayor McElyea-yes Commissioner Bertiuo-yes, Mayer Mih"_ Yen Commissioner Hyde-yes 6.2 Request, to approve additional funding for he Airport consulting services of Edward Curtis. < <_; ,cnt $77 , 000 so far nn lega] expenses with he Curti ; on the airprn t expansion issue and Mr . Flatlet' stated that the City has 6 000 for the cu;nin9 consulting p airport that he is request mentioned approval of an additional $l . year. Mr . Flatley mentioned that there is $21 , 000 left i.n the air1. : consulting budget ri.ght now . Commissioner Hyde , seconded by Vice Mervnr McElyea A motion was made by nr t c orrsrrl t .i ng budget . to approve the transfer of. $10 , 000 from the airl The motion passed on the 'following roll call vote: Vice-Mayor McElyea-Yes commissioner Bertino-Yes Mayor Mikes-yes commissioner. Hyde-yes problem at 490 SW 9 tttt 6. 3 Request, to expend $5 ,000 to resolve a dra�.nage Ca. property owner paying half the cost . Street with the p F ' Mr . Flatley stated that there has been a continuou, problem with drainage at 470- 190 SW 9t.h Street known as AAA Modern Air Conditioning and that the owner has agreed to split the cost of installing a drain to resolve this problem. Cit i Tim Tapp, Public works Director , advised that Berry & Cabin , Y ' Engineers , mentioned that a olutior; might. be to install a double need more time drywell system which might cost irr upwards to $7.0 , 0t he they may 1e able to install something for around $5 , 000 Uut that they to come back with final costs . Vice Ma} . Street and Kh Court which was Mayor McElyea suggested to use the designs from the recent installation of a drainage system at 3rd worse than this problem. Mr . Flatley remembered that project costing around $5 , 000 . suggested that this item be deferred 'until the total coext st Mayor Mike. gg can go forward with btaining meeting so that. Mr . Flatley � figures and the design to be used for this project . 7 . DISCUSSION a one year extension to a variance 7 .1 Mr. & Mrs . Renaud are rlocagted requesting at: 625 NE 2nd Place. granted for the property aine that at the},rrewr�js a corrtree dtt o be for tstayhe uthatnd r the Of her Lisa Renaud explained ranted until vacant property variance extension for lot fro nfagca r gtrrements will g they build on the property . city At.torney Adier `.quest onedes 1Mrs . Re not naud ted Owners r'witth',rit show ingwlrardshil:, . have a hardship will. Allen , Growth Management Director , clarrfied that ilre property 1 The ] ot thaC Mrs . involves two adjoining plattecl 1c,ts that have separate zoning requirements due to being in different subdivisions , Renaud' s house is on requl.'es h0 and the � anant lot beside her home requires 75 ' City Attorney Adler gave his legal opinion that thecommission could take action to grant an extension on the variance . ner A motion was made by Vice Mayor McElvea , seconded }>Y Crnnmissioat A mot no to grant a one year extension on the variance request at 529 NE 2 place as requested by Mr. & Mrs . Renaud - REGULAR MEETING 6 August. 13 , 1991 r i 6i The motion passed on the following roil call vote : Commissioner Bertino-yes lice-May,n McElyea-yes Commissioner Hyde-yes Mayor `tikes-yes 7 . 2 Request from the Dania Airport Advisory Committc­�e relating to the selling of air rights over local churches. Jay Fields , Chairman for the Dania Airport Advisory Committee, explained that the Broward County Aviation Department made a presentation to the Board on sound reduction for local churches . Tn order to determine hot: much sound proofing is needed in each church, they will have t " set up an artificial sound source . He said that he was advised that the sound would most likely be reduced by 300 only. Mr . Fields explained the concertos that were expressed by the Airport Committee members and mentioned that the cost was determined to be at around $70 per square feet . Mr . Fields stated that the Committee ' s recommendation to the City Commission is to declare Kcal churches community assets and to not sell their air rights . commissioner Hyde and Commissioner Bertino expressed concern on whether the Commission has a right to impose restrictions on church property rights . City Attorney Adler mentioned that if the county wants air rights , they are going to have to pay for them and part of this compensation would be what damages the church suffers from what is taken . He staged that the Commission does not have the right to control property rights of churches . Mayor Mikes suggested writing a letter to the Broward County Aviation Division advising them of the recommendation by the Airport Advisory Board instead of proposing a resolution on this issue . - _ Commissioner Hyde suggested that the Committee draft their Position Paper along these lines to be given to the t"onunission to send on to the Broward county Aviation Department . Jay Fields agreed to Prepare the position Paper to .include the recommendation by the Airport Advisory Board to be given to the City Commission for forwarding to the Broward County Aviation Department . ITEM 7 .4 WAS HEARD AT THIS TIME I ITEM 7 .3 WAS HEARD AFTER ITEM 5. 1 ON THE AGENDA 7 . 3 Discussion of Griffin Park Summer Program. City Manager Flatley explained that there has been a lot of public input on the future of Griffin Park which involves whether or not the park will continue to be serviced by the County and whether it will be a regional park servicing several cities in the area . Mr . Flatley mentioned that in connectiop with the recent anncxatinrt cif the area , some citizens have fallen into an unincorporated section which has affected their use of the park . Commissioner Hyde clarified that Sriffin Park is a n •iyhh"tln,od park and not a regional perk within the County System at this time . Commissioner Bertino expressed his opinion of the sub regional earl: concept which he feels Griffin Park falls nnder that has historically serviced people in the area who have paid county taxr who, are now being disbursed into various nn.inicipalities . Comm'_ :, ionor Bertino felt that the City should take a position to request the County to subsidize the programs at the park so that the people in the nrtincorporated areas will still be able to enjoy the use of the park . Mayor Mikes expressed his agreement with commissioner BertYgP s comments and opened the public_ hearing for citizens to come forward to respond to this issue . REGULAR MEETING 7 August 13, 1991 t a 4. Eris Poursirle-Hill , 3121 St+ 44 Street , Ft . Lauderdale , Fl 33312 , handed out literature relating to the ��urre"t Brc,ward County Sommer Program fees verses the recreatio❑ programs Operated by the t.ity of Dania; residents would be charged ^bo . 00 and ncni residents tit?5 . 00 (BO°e of the Children enrolled are non-resident~} . M` Pout sine-Hi.11 stated that _;llr, re has obtained around 279 signa kill eq parkk effecll ti,e ocinh r 1 and igiv ' a unhappy with Dania taking over thepresentation relating to youth drug addiction and violent grime . Sheri Mansey, 4631 n 33 Avenue , Ft . Lauderdale , Fl 33being lead a pled r into the record expressing opposition to Griffin Park } She rlxpressedd and serviced by the City of Dania effective October 1 noiL her dissatisfaction ark for whentDanla takes 'over yand itleff nadv�crsebers rVchingelto tiles? working children who have become familu`lsetlas they wcrle notrltold< oft the ed lchangeat s cit.i.zens in the area arF; very 1 being made to the park wher, they voted fnr the annexation hill city Attorney Adler responded to Ms . �Mansey ' s concerns nn bow the annexation bill. works by staling that the people who have boon annexed have come into the City under the same rules and regulation, of the City that r ty as all other citizens of Dania . ,tlerminediandclrequested byt the rcity at:e for take over by the Manager to the County in order to give the City Lime from CiJanuary 1 for cause October a transition period and also be 1 begins the Cit s budget year. Mansey that people from the Commissioner Hyde clarified for 1 ; . would maintain annexation area were never misrepresented that the County l' Griffin Park in regards to the annexation and mentioned the numerous meetings that he attended verifying this fact Dir -' Jay Fields , President of C .A.R .Ft stated that riffinhip <rParkrd ffrom ethe rCi.ty, goes on record as being opposed to dearuiexing irmed that Griffin Park wasDever of Dania and confMr. 1Fields rsugges ted to main suggested under the Operation of the Coru,ty park System. looking into the possibility of receiving subsidiary funds from Hollywood and BrOWard county to help lower the fees to the non-residents as a possible s•olntion . Alex Buchsbaum, Vice President Of Griffin Civic .As .oc'iati.on , ciss enwa that hi organization wasaveranllit.halteitl>waliomuchcbotterato golint(. the City Of Dania than to remark in tho unincorporated areas . Mayor, 9630 ,I4 m Are. , Ft . Lauderdale , Fl 33312 , expressed her Barbara May- c dissatisfaction with not being given the Option of going into the City of Dania as she resides in the unincorporated area She expressed her ost that has been imposed and requested si tuation . r Dania , his concern for the c to rec Hollywood and the County unite tify, t ll Mayor Mik explained Lhaby t} Da i befalMlPllywnodetr iannex irr number c (of due to an aggress) commercial properties that split communities past, and west between Stirling Road and Griffin that it lcome into ose 110 ithea referendum to allow people City but that Hollywood did riot conduct e in with This reused people in the unincorporated areas to remain wit.li l.it.tie representation on issues like this - Mayor Mikes confirmed that the cOSt for ea':-h child to aU end Da S500 s recreation program is $1.60 . 00 and that the City only charges $`0 . 0 from the resident and the rest comes froth local tax Moores • Commissioner Hyde expressed the need for City: Manager Flatlet' to discus:, this issue with the County Park Division to see if there are. funds available to subsidize the use Of the park by uninrx,rporssueated rcgardin.g. Commissioner p„rt.ino requested Tim Tapp to address the issue regarding a fee reduction for low income persons who qualify . g August: 13 , 1991 REGULAR MEETING 't 1 Yi Tim Tapp, Recreation Director , explained that the city of Dania adopted a policy this summer that if individuals met a certain subsidized requirement of the Federal , ;fate or County Government: that the fee would be 50% , a 10% discount. for more than one child and a Half-day rate for those children who attended summer school . Commissioner Bertino felt that based on the fact that. this was a community park in the past and is now divided up amongst_ several cities that the City should approach the County on their obligation to help keep this group of children together by subsidizing the added costs . Vice Mayor McElyea expressed his feelings that the fees are too high for these parents to pay and the need tar the City to meet kith the County on sponsoring these children . City Manager Flatley advised that he has a meeting scheduled with County Commissioner Nicki Grossman and the County Manager on revenue sharing and suggested that he request Larry Lietzke , Parks & Recreation, attend this meeting as well to discuss the Griffin Park issue. Mr. Flatley stated that he will report back on the results of this meeting at the. workshop meeting scheduled August 20 . Mayor Mikes suggested that Sheri Manley and Commissioner Hyde be present at this meeting as well to hear the comments first hand . AT THIS TIME„ THE COMMTSSTON TOOK A F'TVE, MINUTE RECESS AND THEN HEARD TTEM 6. 1 . 7 . 4 Announcement of $200, 000 CDBG grant award for the City of Dania . j i Mike Smith, Personnel Director , advised that the Broward County j Commission approved the two development projects for the Community Development Block Grant amounting to $200, 000 for improvements to Modello Park and resurfacing/widening :improvements to NW 2 Street between NW 4 Avenue and NW 10 Court . Mr . Smith stated that the development proposal submitted by Dania did rant: number 3 overall in the County. He anticipates the contracts to come in by early October for Commission approval and then for approval by Broward County- in order to receive the finds . Commissioner Hyde mentioned that fill from the New River dredging project may be available towards raising the baseball field at Modello Park and encouraged this to he done prior to the other improvements I' mentioned by Mr. Smith . Mr . Smith mentioned that Berry & Calvin will be conducting elevation studies prior to beginning the _improvements and Mayer Mikes expressed the need to analyze the fill prior to using for safety reasons . Commissioner Hyde confirmed that this concern has been addressed already and that the fill will, be clean . 7. 5 Further action to be taken on the City ' s request that Gerald Ward, P.E. , produce the City of Dania ' s authorization for the appli-cation to construct NE 10 Street and to document the revenue source of the $100 application fee. City Attorney Adler reported that Mr . Ward has advised him that the information requested by the City should be sent within the neat few days which was last Friday . Mayor Mikes expressed his conc"t-ton that when ha contacted DER for the backup documentation showing authorization by the City of Dania for this project that they dial not have any authorization . tte then read into the record Florida and Federal Law relating to falsifying or concealing documents or statements . Mayor HiKes recommended to direct the City Attorney to draft a letter to the state and federal agencies_ requesting an investigation of a possible fraudulent application. City Attorney ?Idler stated that he will prepare the draft letter for approval by the Commission at the next regular meeting of August 27 in the event that there is no response from Gerald Ward by that time . REGULAR MEETING 9 August: 1.3 , 1991 A • t N. 1 7.6 Race--O-Rama request for temporary use of adjacent: property with the intention of eventual property purchase. ,rules Ross , Grand PYiN Race-O-Rama , stepped forward to request temporary installation of four or f. ivo amusement rides on property near the Grand Prix Golf-O-Rama location . Mr . Ross stated that this would be an opportunity to determine if the ride would be popular enough to build a permanent facility. Mr. Ross requested 90 to 12.0 days to test these rides and if the results are positive they would come before the Commission for formal approlval of a special exception and site plan . Will Allen , Growth Management Director, stated that Grand Prix has offered to pay a "Users Fee" of $500 for the temporary period and that this will also give the City an opportunity to observe the operation . A motion was made by Commissioner Hyde, seconded by Commissioner Bert:ino to approve the request for temporary use of adjacent property in order' to test carnival rides for a period of 90 to 120 days . The motion passed on the following roll call vote: commissioner Bertino-yes_ Vice-Mayor McL.1yFa yc!s Commissioner Hyde-yes Mayor- Mikes-yes 8. APPOINTMENTS c 5 8 . 1 Appointments to the Marine Advisory Board. The appointment was continued to the next regular meeting of August 7.7 5� due to Commissioner Grace being absent from this meeting . u� 8.2 Appointments to the Recreation Advisory Board. Appointments to the Recreation Advisory Board were continued to the next; regular meeting of August 27 due to the absence of Commissioner Grace and Mayor Mikes needing further information from City Clerk Mullikin on a possible appointment:. 9 . CITIZENS ' COMMENTS-- none 10. ADMINISTRATIVE REPORTS City Manager 10. 1 Request: to hold a Commission workshop on Tuesday, August 20, at 7:00 P.M. due to the large number of items to be discussed. City Manager F'latley presented a list of 14oms to be discussed at a workshop meeting for August 20 and requested that the Commission agree to hear at least the first; seven items . The Commission agreed on the workshop meeting . 10.2 Reminder to attend Dania A-Fair, August 23 25, 1991 . 1.0.2 . 3. Request: by Chamber of Commerce for Banner Permit for Dania A- Fair August 19 to August 26, 1991 100 feet North of Dania Beach Boulevard across Federal Highway. Mike Smith, Personnel Manager, came forward to request approval of the banner in an effort to encourage people to attend the Dania A-Fair. Mr. Smith stated that there is still time for civic associations to become involved and if interested to call him at City Hall at: 921.-8700 or 927- 3377 . REGULAR MEETING 10 August 13, 1991 1 i A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to approve the banner permit: for the Dania-A-Fair . The motion passed on the. Following roll call vote : Commissioner. Bert ino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes 10 . 3 Florida Inland Navigation District awarded a $30, 000 grant to Dania for a canal maintenance program. City Manager Flatley reported that the City has been awarded the $30,000 grant from FIND and commended Mayor Mikes for his efforts in obtaining this grant for the City. City Attorney -- City Attorney Adler commented on the success of the barbecue at Griffin Park last week and that, he expects to speak with Clarke Walden this week in regards to the Big Nassau Daddy property lien problem. 11 . COMMISSION COMMENTS 11 .1 Commissioner Bertino - no comment, +, 11 . 2 Commissioner Grace - on vacation 11 . 3 Commissioner Hyde Commissioner Hyde commended Mayor. Mikes on his efforts involving the approval of the FIND grant . �! it , 11 . 4 Vice Mayor McElyea -- no comments ' I 11 . 5 Mayor. Mikes Mayor Mikes reported that there will be a DOT Public Hearing on August 21 and encouraged staff: attendance as it relates to the A1A alternate access road. Mayor Mikes commended all those individuals that contributed to the i Griffin Community Park "Night out Against. Crime" . Mayor Mikes requested the City Manager to supply him with the four arrest reports relating to the Neptune Fireworks suit before the next regular meeting. This regular commission meeting was then adjourned. MAYOR-COMMISSTONER 'CITY CLERK-AUDITOR REGULAR MEETING Il August 13 , 1991 i i 4. AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 13, 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 HAT A VECRBATIMF RECORD�OFDI THE�PROCEEDINGS AND FOR CISP MADE SWHICH RECORDE AY NEED INCLUDES ENSURE T THE INCLUDESTHE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. INVOCATION ROLL CALL PRESENTATIONS * BSO Deputy of the Month Award 1. CONSENT AGENDA Minutes 1. 1 July 91 1991, workshop meeting 1.2 July 10, 1991, budget workshop meeting 1.3 July 23, 1991, regular meeting Bills Approval of bills paid in the month of June, 1991 t Resolutions 1 .5 FILINGOOFTION OF REQUESTTHE FORCITY OF DANIA,PARTICIPATION INOTHEA APPROVING FLORIDAASSOCIATION OF COUNTIES, INC. (FAC) GROUP NPDES STORMWATER PERMIT APPLICA- TION, AND PAYMENT OF THE FILING FEE CONNECTED THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. " NG HE 1.6 1A ENDEDLANDORESTATED FLEXIBLE DBENEFITS PLAN�WITHIN I T THE MEANING OF SECTION 125 (D) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MODIFI- CATION TO LICENSE AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND THE CITY OF DANIA DATED JULY 29, 1981; AND PROVIDING i FOR AN EFFECTIVE DATE. " Ordinances 1.8 GFAPHR(a)AOFESECTION 19-52O,FARTICLE IV,RCHAPTER EI9I SU OF THE CITYBPARA- GRAPH THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE APPOINTMENT OF ELEVEN ( 11) MEMBERS TO THE DOWNTOWN REDEVELOPMENT HAT AGENCY; ALL RESOLUTIONS ORL PARTSOFO RDINANCES R PARTS RESOLUTIONSINCONFLLICTR DINANCES AND HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 Y. CONSENT AGENDA (continued) Ordinances 1 .9 "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 CLASSI- FICATION 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. " 2 . PROCLAMATIONS - none 3. BIDS - none 4 . PUBLIC HEARINGS 4 .1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 16.40 OF ARTICLE 16, CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY DISTRIICT) " TO,PROVIDEAFORNTITLED COMMUNICATIIONTTOWERSEASAAC E (IRO) 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. " (first reading of ordinance) 4 .2 Petitioner - Attorney A. J. Ryan, Jr. ; Owner - Andie's Inc. ; property located at 150 Stirling Road A) Public Hearing - RZ-17-91 - "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 6, 7, SOUTH 10 ' LOTS 8, 9, 10, 11, 12 AND 14, IN BLOCK 27, TOWN OF MODELO (NOW DANIA) , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; 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. (final reading of ordinance) B) Public Hearing - VA-18-91 - The following variances are requested to allow a 15 room addition: a) An east and west sideyard setback of 5 feet ( 10 feet required) b) 29 parking spaces (43 spaces required) 5. SITE PLANS 5 . 1 SP-28-91 - A site plan approval is requested for a 15 room addition to Willow Manor Retirement Home. 6. EXPENDITURE REQUESTS 6 . 1 Request to expend $1,653.50 from the Law Enforcement Trust Fund. 6.2 Request to approve additional funding for the Airport consulting services of Edward Curtis. 6.3 Request to expend $5,000 to resolve a drainage problem at 490 SW 9 Street with the property owner paying have the cost. 2 ! 4i d 1 i 7. DISCUSSION 7 . 1 Mr. & Mrs. Renaud are requesting a one year extension to a variance granted for the property located at 625 NE 2nd Place. 7 .2 Request from the Dania Airport Advisory Committee relating to the selling of air rights over local churches. 7 .3 Discussion of Griffin Park Summer Program. 7 .4 Announcement of $200,000 CDBG grant award for the City of Dania. 7 .5 Further action to be taken on the City' s request that Gerald Ward, P.E. , produce the City of Dania's authorization for the application to construct NE 10 Street and to document the revenue source of the $100 application fee. 7 .6 Race-O-Rama request for temporary use of adjacent property with the intention of eventual property purchase. >, 8. APPOINTMENTS 8. 1 Appointments to the Marine Advisory Board 8.2 Appointments to the Recreation Advisory Board • 9. CITIZENS' COMMENTS - Comments by Dania citizens or interested parties That are not a part of the regular agenda should be given in writing j 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 1 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 Request to hold a Commission workshop on Tuesday, August 20, at 7 :00 p.m. due to the large number of items to be discussed. ! 10.2 Reminder to attend Dania-A-Fair, August 23-25, 1991 . 10.3 Florida Inland Navigation District awarded a $30,000 grant to Dania for a canal maintenance program. 11. COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11.2 Commissioner Grace 11.3 Commissioner Hyde 11.4 Vice Mayor Mc Elyea 11.5 Mayor Mikes 3 1 4. J ADDENDUM DANIA CITY COMMISSION REGULAR MEETING August 13, 1991 A y CITY MANAGER u 10. 2 . 1 . - Request by Chamber of Commerce for Banner Permit for Dania A-Fair August 14 to August 26, 1991 100 feet North of Dania Beach Boulevard across Federal Highway A l Y. p DEPARTMENT OF TRANSPORTATION RIGHT OF WAY OUTDOOR ADVERTISING SECTION FORT LAUDERDALE, FLORIDA OVERHEAD BANNER PERMIT APPLICATION Application is hereby made to the Department of Transportation for authority, pursuant to Chapter 337.407, Florida Statutes, to erect a temporary overhead advertising banner across highway. PERIOD FOR WHICH PERMIT IS DESIRED: From:( ( `F_ 14.9� 19�/ ACTIVITY: Name of activity or to be advertised (— SPONSORING ORGANIZATION: Namevent , hC ldk Street cir Post ffice Box City a State Zip 3d PRESIDENT OR EXECUTTIIVE OFFICER OF SPONSORING ORGANIZATIONN: 5 Name Title L•!�`V �� �� Phone r Street AL a // nlzja. ✓ (11L City, Zip MEMBER OF ORGANIZATION RESPONSIBLE FOR ERECTION AND REMOVAL OF BANNER: Name Title Phone n y Street City Zip LOCATION OF BANNER: Highway U.S.3 I FL.2 Distance in CJG Feet or Miles E S W of lJ4/�/!� �cj„/l 151V sL (Street, Road, City Limits, County Line or other permanent landmark) In �jrc,WGLtiC�_ County. ADVERTISING COPY: (Indicate complete wording on banner) The undersigned applicant hereby certifies that all required local city or county permits 'have been secured and agrees that the banner will be removed upon the expiration date of this per it. DATE .t ti 19 NAME OF APPLICANT (ORGANIZ ION)Y. SIGNATURE OF PRESIDtNT OR EXECUTIVE OFFICER t ( ( EPPROVED\`�;: O1 DISTRICT OUTDOOR ADVERTISING ADMINISTRATOR •(;'red J. Harper'/ c 2800 South Andrews Avenue Fort Lauderdale, Florida 33316 Telephone: (305) 522-4244 Ext. 299 TT7g7QtV`TTnmq• RFVFRQF gTnr 4i - 1 � �h I ^ a' QQ v Ir v Ci G F w I A I