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HomeMy WebLinkAbout1991-06-11 regular City Commission Meeting Minutes and Agenda 4 MINUTES DANIA CITY COMMISSION REGULAR MEETING JUNE 11, 1991 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Bob Mikes Vice Mayor: Charles McElyea Commissioners: Bill Hyde Bobbie Grace John Bertino City Attorney! Frank Adler City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS -None CONSENT AGENDA . 1 City Attorney Adler read the following items on the Consent Agenda: Minutes ! 1.1 May 21, 1991, workshop meeting j 1.2 May 28, 1991, regular meeting Resolutions Res e City A Resolution of the City of Dania, Florida, authorizing th M1.3 anager and the appropriate City Officials to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of and Consumer S ivsion Florida, Department of Agriculture forianseffertiveldate. of Forestry; providing for copies; and providing 1.4 A Resolution of the City of Dania, Florida, approving Interlocal Agreement between Broward County and the City of Dania for Solid Waste tion; and providing for an effective date. Recycling Coordina I ' Ordinances 1.5 An Ordinance of the City of Dania, Florida, amending Sections 8-1 and 8-2 of Article I , Chapter i es and all resolutions e�he SoutheFlorida Coe f Orinanes of the Buildingc City of Code; and Dania Florida, relating, providing that all ordinances or parts of ordinances or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to approve the consent agenda. The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 2. PROCLAMATIONS lth Fitness and Landscape Beautification 2.1 Dania Beach Boulevard Hea Day - June 19, 1991 . Mayor Mikes read the proclamation in its' entirety. AT THIS TIME, ITEM 7 .12 WAS HEARD. 1 JUNE 11 , 1991 REGULAR MEETING 3. BIDS 3.3. Award of bid for Water System Improvements. City Manager Flatley mentioned that the City has received 12 bids for the replacement of 2" water lines in the City and that his recommendation is to award the bid to Marandola Construction at the lowest bid of $324 , 200. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to accept the recommendation from the City Manager and award the bid for water system improvements to Marandola Construction for $324 , 200 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 .1 Petitioner/Owner - Bruce B. Kodner; property located at 102 East . '' Dania Beach Boulevard. VA-12-91 - A variance is requested to allow a third wall sign (only two permitted on a corner lot) . A.J. Ryan, representing Bruce Kodner Galleries , stepped forward to request variance approval to allow a third wall sign located on the east side of the building. Will Allen, Growth Management Director, explained that a permit for the third sign was erroneously issued June 22, 1990 and that November 8, 1990 a letter was sent to the owner advising him that he had 30 days to comply with Code by removing the sign . Mr. Allen mentioned that since the sign was not removed by the owner, this violation was forwarded to the Code Enforcement Board in April 1991 . The Code Enforcement Board continued the case based on the filing of a variance request by the j petitioners. He mentioned that the Planning & Zoning Board was sympathetic to the Petitioner for the error made by the City and to the owner ' s expense for the three signs estimated at $14 , 000 but agreed that the Code should be upheld. The Planning and Zoning Board commended the owner for the improvements made to the subject property but recommended ' denial of the third sign due to a second sign being granted for a corner lot in accordance with City Code . Will Allen then reviewed photographs taken of the signs on the subject property with the Commission. City Attorney Adler confirmed that even though the City issued the permit in error, the City does have the power to revoke such a permit even though Mr. Kodner incurred expenses to purchase a third sign. Mayor Mikes opened the public hearing. Peggy Breeschoten commented on the excessive variance requests by Bruce Kodner. Paul DiMaio mentioned that several businesses have been allowed to have huge signs which are an eyesore and felt Mr. Kodner should be granted this variance. Will Allen, Growth Management Director, stated that several signs in the downtown area will be removed in 1993 in accordance with the City ' s sign Ordinance being enforced by the Downtown Redevelopment Agency. A.J. Ryan clarified that this is the first variance request by Bruce Kodner and that other variances have been requested by another Kodner . After hearing Alex Buchsbaum, Irving Warman and Bob Adams recommend approval of this variance, the Mayor closed the public hearing. A motion was made by Commissioner Grace , seconded by Vice Mayor Mikes to approve the variance VA-12-91 to allow a third wall sign as requested by Bruce Kodner for property located at 102 East Dania Beach Boulevard with the addition of three alexander palms on the west side . REGULAR MEETING 2 JUNE 11 , 1991 1 G The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 4 . 2 Petitioner/Owner - William Livingston; property located at 7 NW Third Avenue - SE-14-9'1 - A special exception is requested to allow the storage of a race boat, truck and trailer in an existing building. John Vernoy stepped forward to explain that he purchased the property prior to being advised that a variance would be required to store his racing boat. Will Allen, Growth Management Director, explained that this property is zoned I-R restricted industrial which requires a special exception for boat storage in this district . He mentioned that the Planning & Zoning Board did recommend approval as this request is in conformance with the surrounding area. Mayor Mikes opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to grant the special exception SE-14-91 as requested by William Livingston for property located at 7 NW Third Avenue to allow the storage of a race boat , truck and trailer in an existing building. ?, The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes f Commissioner Hyde-yes i Commissioner Grace-yes 4 . 3 An Ordinance of the City of Dania, Florida, amending Section 4 . 10 of Article 4 and section 2 . 10 of Article 2 , Chapter 28 of the Code of Ordinances of the City of Dania , Florida, to provide for communication towers as a special exception use in I-G, I-R, C-4 and C-3 Zoning I District Classifications ; providing for a definition of ,Communication { Towers" ; 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 . Patricia Rathburn, Attorney representing Cellular One , came forward to request adoption of this ordinance relating to communication towers . She explained that the Dania Code did not address the subject of communication towers , therefore requiring a text change to the Code . Ms. Rathburn explained that the Commission will maintain control as they can include any conditions they wish to their special exception request that is required . The Commission then reviewed the proposed location for this tower in a C-3 zone. Will Allen, Growth Management Director , explained the text change and mentioned that the Planning & Zoning Board did recommend approval on a vote of 3 to 1 . The person on the Planning & Zoning Board who voted against this text change didn' t feel there had been enough time allowed to review the proposal . Mr . Allen agreed with the Planning & Zoning ould Board that placing the tower use in the special exception category maintain adequate control by the City. Discussion followed regarding the IRO zoning district being inadvertently omitted from this text change and whether or not to amend the ordinance. Mayor Mikes opened the public hearing. Jay Field felt the communication towers should be confined to just the zoning districts as stipulated in the ordinance. Alex Buchsbaum felt that the use of the communication towers is covered sufficiently in this ordinance and recommended endedst or approval . Will Allen responded to Peggy clarification on why commercial property was included in the ordinance. Mr. Paul DeMaio was advised that t requested tower will be no taller than 100 ' and spoke in opposition . Pat Sullivan, property owner where he the tower is proposed to be located, came forward to present his plan on REGULAR MEETING 3 JUNE 11, 1991 e. relocating his roofing equipment from NW 1 Avenue to NW 3 Avenue facing the railroad tracks so that landscaping improvements could be made to the area by Cellular one. Hearing no further comments , the Mayor closed the public hearing. A motion was made by Commissioner. Bertino, seconded by Commissioner Hyde to adopt this ordinance on second reading relating to "Communication Towers" . Mayor Mikes expressed his concern for persons being approved in the future for towers higher. than 100 ' and requested a four-fifths vote being required for the C-3 zoning. City Attorney Adler advised Mayor Mikes that this has been covered tinder another ordinance. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-abstained 5. SITE PLANS 5.1 Request approval of revised site plan for Banyan Bay Marina. Hugh Johnson explained the location of the property as being located at the Dania Cut-off Canal and Ravenswood Road across from the Rustic Inn Restaurant. Mr. Johnson stated that this marina is an existing ,•;: functioning marine basin and that the site plan involves a proposed 3, 000 square feet restaurant, a small lighthouse facility, future marina store, offices and a dry storage marina . Mr . Johnson then reviewed the improvements made to the revised site plan as requested. i Will Allen, Growth Management Director, explained that this revised site plan is more complete and informative. Mr. Allen mentioned improvements to the fire lane around the boat storage building, a turn-around near the restaurant building, relocating the office building and upgrading 111 the landscaping. Mr. Allen mentioned that they have made an effort to save the existing large trees to the west of the entrance and recommended approval based on them conforming to all code requirements and meeting all plat restrictions . Jim Frye, Westrex Regional Vice President, mentioned that they hope to entertain transient boat docking traffic primarily inside the basin but there will also be room outside on the canal . A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the revised site plan for Banyan Bay Marina. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 6. EXPENDITURE REQUESTS 6.1 Request by the League of Cities to contribute $200 to the Greenbelt Program. City Manager Flatley requested approval to contribute $200 to the Broward League of Cities as Dania ' s portion towards the Greenbelt Program. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the expenditure request of $200 towards the Greenbelt Program. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes REGULAR MEETING 4 JUNE 11, 1991 7 . DISCUSSION 7 .1 Proposed design and painting of water tower. City Manager Flatley informed the Commission that the Dania Improvement Committee has requested to address the Commission on proposed designs and painting of the Dania Water Tower . Richard Bettor mentioned that Howard Weinstein has been instrumental in assisting the Dania Improvement Committee in the proposed designs for the Dania Water Plant and advised that they are contributing $3 , 000 to assist in this project . City Manager Flatlev mentioned that since water towers are no longer being built , they have become antiques which is very befitting to the City of Dania which is known as "Antique Center of the South" . City Manager Flatley mentioned that the current cost estimate for sand blasting and painting the outside of the structure is $40 , 000 and commended the Dania Improvement Committee for their $3, 000 donation. Mr. Flatley stated that based on the design that the Commission chooses , he would like to obtain a cost estimate to be brought back to the Commission. 1 The Commission generally agreed with the blue sea gull and sunburst design as presented by the Dania Improvement Committee . y ?, 7 .2 Citizen request for four-way stop sign at SE 4 Street & SE 4 Avenue. I City Manager Flatley mentioned that a request was made to Broward County •,� and denied for a four-way stop sign at SE 4 Street & SE 4 Avenue. He -, stated that the next step is to bring it before the Commission to decide if they wish to pursue it with the County Commission. Wanda Mullikin mentioned that a citizen requested to have the City check with the County to determine if they could obtain this four-way stop sign. She stated that the County denied the request after they required the overgrowth at the site to be removed that was obstructing driving vision. Ms . Mullikin advised that the Commission must decide on whether they wish to pursue this further by agreement with the County. ! A motion was made by Commissioner Hyde, seconded by Commissioner Grace to obtain community input on the need for this four-way stop sign and to continue to the next regular meeting of June 25. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice--Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7.3 Robert Krili.ch is requesting a one year extension for the Cruisin USA development. Will Allen, Growth Management Director, mentioned that the Cruisin USA development must be addressed at the June 25 regular meeting as the approval was only good for one year . Mr . Allen mentioned that the development is located at I-95 and Stirling Road for a 250 room hotel and a number of recreational. uses that involves a 1.25 , 000 square foot facility . He mentioned that the petitioners are still working on the second access in accordance with the plat approval and that debris must be removed from the site. Mr. Allen recommended to give the petitioner two weeks to cleanup the site and make the extension conditional upon that . Discussion followed on the number of trees that have been removed from the site and the recent request for removal of additional trees for the hotel . REGULAR MEETING 5 JUNE 11 , 1991 i Commissioner Berti .lo, seconded by vice Mayor year extension for Cruisin USA contingent upon p, motion was made by suppose to McElyea to grant the one Y ,ed that weren ' t all trees that were removed, died or destroy no more trees to be remobed from removed,1e be e, be cleanup Ofdthethin site60 days,within 10 days , piles of debrlaced oak trees site, cleanup fill placed among mclean to from treewestern protectiod ofn measureite rand9thatethelproperty be kept as a tree p deter from dumping . The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes er, s agreement for Road and Tigertai 7 .4 Alan Kan is requesting termination of develop property at the SW corner of Bryan l Boulevard. Alan Kan stepped forward to request termination of the developer. ' s agreement concerning the M•I •M.E • Inc . Plat that involved the widening ,,. of Bryan Road and paying the cost of one-half of Dania Beach Boulevard for the length of the property. Commissioner Bertino, seconded by Commissioner Hyde A motion was made by the M. I .M.E• Inc . Plat at the SW corner of Bryan Road and Tigertail Boulevard. y to terminate the developer ' s agreement concerning p t for property n the following roll call vote: The motion passed o i Vice-Mayor McElyea-yes , 1 Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes petition to quests permission to file P � 7 .5 Florida One Construction req vacate right-of-way and utility easements in "Glen-Lauren Homes" plat and to waive replatting requirements. request will only allow a to go before the Planning & City Attorney Adler mentioned that this ed in order and then it will come back to the Zoning Board petition to be fil Commission or for recommendation final action. property as lying from SE 7th Street to SE 5th Will Allen, Growth Management Director , described this easement near SE 5th Avenue on the east going Street . He mentioned that the request is to vacate a utility at the rear of all lots and vacate the areas which were essentially reserved for turn lanes . needs for City Attorney Adler expressed the need to retain right-of-way possible drainage facilities in the future • put a sidewalk or Commissioner Bertino suggested to have the petitioner 5th Avenue . bike path along the townhouses on the south side along ner Bertino , seconded by Commissioner A motion was made by Commissio Grace to approve the request to file petition to vacate light-of-way and utility easements in "Glen-Lauren Homes" Plat and to waive replatting requirements . The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes position 7 .6secondrVice-Presidentsement of r l of of the Florida League election the Leaguen for ofCities. Commissioner Grace stated that the endorsement of Mayor Lieberman should be approved by resolution . 6 JUNE 11 , 1991 REGULAR MEETING t A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to adopt a resolution endorsing Mayor Ilene Lieberman for election to the position of second Vice-President of the Florida League of Cities. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice--Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7.7 Sanitation Contract: A. Seacoast request to extend the current contract for five additional years. B. Approval of sanitation bid specs as discussed at the May 21 , workshop. City Manager Flatley mentioned that Part A involves Mr. Lou Manzel.la ' s , Seacoast Sanitation, submission of a 5 year contract extension that includes his obsorbing the tipping increase per ton effective June 1 thru the time that the Reuter Plant is open. Mr. Flatley stated that the City stands to save some $56 , 000 over the period Mr . Manzella would be obsorbing the increase. Mr . Flatley mentioned that. Part B involves the Commission' s approval of sanitation bid specs to be advertised for a new contract effective October 1 , 1991 . > Mr. Manzella presented the cost advantages to the City in negotiating ? his contract offer and requested the Commission allow special consideration for the service that his company has offered over the } i years in the event that the Commission does go out to bid. Commissioner Grace and Commissioner Bertino commended Mr . Manzella for the service he has offered the City over the years and confirmed the City' s general satisfaction with his service. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to empower the City Manager to negotiate with Seacoast Sanitation for a new contract and then come back to the City to make a recommendation on whether the City should approve the contract or go out to bid. The motion failed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-no Mayor Mikes--no Commissioner Grace-yes A motion was made by Commissioner Bertino, seconded by Commissioner Grace to amend the bid specifications for the collection of garbage and trash for the City of Dania on Page 1 to request bids for a three year contract and a five year contract . Mr . Manzella stated that his contract with the City provides that the City must negotiate a contract with him prior to going out: for bid and reminded the City of his low costs . City Attorney Adler confirmed that this provision does exist in the Seacoast Contract . Commissioner Bertino placed his first motion back on the table to direct the City Manager to negotiate with Mr. Manzella regarding the Seacoast Sanitation Contract to make a recommendation on whether to accept the contact or go out to bid by the next regular meeting of June 25 . City Manager Flatley reminded Mr. Manzella that in receiving his letter he advised the City that his request was for an extension of five years under the same terms and conditions of the present contract and that the City has discussed this at the recent workshop meeting. REGULAR MEETING 7 JUNE 11 , 1991 i Commissioner Grace seconded Commissioner Bertino' s motion. City Attorney Adler confirmed for Mayor Mikes that the City has complied with the provisions of the contract . Commissioner Bertino withdrew his motion and Commissioner Grace withdrew her second. The Commission returned to the motion amending the bid specifications . A motion was made by Vice Mayor McElyea , seconded by Commissioner Grace to amend the bid specifications to receive two alternate contracts one for three years and one for five years as to the amount of the bid. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes Discussion followed on the description of garbage and trash removal required and what the exact price per ton will be when the Reuter Plant is operating. City Manager Flatley stated that the price cannot be defined at this time and that they only know that the County is $62. 50 per ton . He explained that he expects Reuter ' s charge will be $57 . 00 when they open in November. Mr. Flatley stated that he will report back to the a Commission when he determines what the per ton cost will be as defined in the Reuter Contract . I A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to approve the amended bid specifications . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7.8 Discussion of establishing a policy that the City use recycled materials whenever possible. s Mayor Mikes suggested that the City establish a policy in recycling paper whenever possible and City Manager Flatley agreed. Commissioner Hyde suggested that the City enter into an energy conservation plan where the City makes a concerted effort to control energy wherever possible. 7 .9 Review of Jack Downs construction progress of the 800 Marine Technical Center. Jack Downs gave a status report on the cleanup, fence installation and construction progress and financial assistance required on his project . He advised that they have closed on the property to the north of old Griffin Road along approximately 600 ' of the canal . Mr. Downs then reviewed landscaping blue prints with the Commission and expressed the ongoing dumping problem with the site. Mayor Mikes expressed his frustration with the lack of progress being made on this project and the complaints he has received from residents in the area. After further discussion, Mayor Mikes recommended to continue this issue until Mr. Downs has ownership of the property and permits are read to be pulled on the project . REGULAR MEETING 8 JUNE 11, 1991 i i 4: 7.10 Letters to be issued to several trailers in the right-of-way at Trails End Trailer Park. Will Allen, Growth Management Director, informed the Commission of a draft letter to be reviewed going to the owners of the Trails End Mobile Home Park concerning moving certain mobile homes cut of City public right-of-way. Mr. Allen presented a survey plat showing the encroachments on the 50 ' right-of-way in question. Mr. Allen mentioned that the reason for the need to vacate this right-of-way is because this is the only access to the 10 1/2 acres to the south . Mayor Mikes didn ' t feel the 14 mobile home residents located in the right-of-way should be burdened when there is no project in process right now with the owners of the 10 acres to the south . Commissioner Bertino expressed his concern for the City' s liability responsibilities when City right-of-ways are not clear. Attorney Wilson Atkinson, representing the property owners for the demolished ribbonwriter building located near the trailer park, explained his clients discussions with City staff in regards to demolishing the building and the access into his client ' s Airport 10 Plat property. Mr. Atkinson explained that the Airport 10 Plat was approved by the Dania Commission in 1985 and, at that time, the County insisted on a non-access easement being placed along the entire east boundary of this property as they felt it would create an unsafe traffic situation to access this property from the east . Mr. Atkinson stated that the owner of the property, at that time , agreed with the easement condition to the plat approval . He then mentioned that his present clients acquired the property on the auction block when it was foreclosed by Hollywood Federal . After taking title to the property, his clients were informed by the City that there were two possible means of accessing their property (1) NE loth Street (2) a secondary access that could be Put acros., Griffin Road. i Mr. Atkinson stated that the owners of the Trails End Trailer Park are I charging rent to tenants on the City' s right-of-way which is not right Ill and that his clients wish to develop their 10 acres of property but are restricted due to responsibilityk access .of e expressed to theresidentsof Daniatoensurecclearanceiof all City' s right-of-ways . Mayor Mikes felt that a workshop meeting should be scheduled with ' representatives from the trailer park and the owners of the Airport 10 property to discuss this matter. City Attorney Adler stated that the letter advising removal of the trailers lying in the right-of-way within 90 days owner of t is being sent to the he property; Stewart Johnston, Trustee and Katherine Johnston, Trustee, 9327 Chelsea Drive North , Plantation, Florida . Mr. Adler assured Alex Buchsbaum that the letter is not being sent to the renters in the right-of-way and that the owner is responsible for moving the trailers and compensating these individuals for damages . Mr. Adler stated that it is against the law to use public right-of-way for private purposes unless there is a lease agreement with the City. Mr. Adler also mentioned that the City does not have a right to work out an agreement with someone who is violating the law and did not recommend a workshop meeting be scheduled. A motion was made by Commissioner Bertino,to send t seconded by Commissioner Hyde he necessary letter to enforce the property owner to vacate the City right-of-way by removing all trailers . Mayor Mikes restated his opinion that representatives from the Trailer Park should have an opportunity to state their side of this issue prior to the Commission taking action. REGULAR MEETING 9 JUNE 11 , 1991 1 t 4. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-no Commissioner Grace-yes 7.11 Request for trees from the Christopher Columbus Monument Committee. City Manager Flatley advised that a request has been received from the Christopher Columbus Monument Committee for the City to donate trees to assist in the development of Marinelli Gardens in Port Everglades. Mr. Flatley mentioned that City employee, Glenn Morris , has donated six live oak trees (six feet tall) for this purpose as long as the City transports them to the park. Mr. Flatley stated that a plaque designating the City of Dania as donor will be placed in front of each tree should the Commission decide to approve this request . The Commission agreed to have Mr. Flatley proceed. ITEM 8.1 WAS HEARD AT THIS TIME ITEM 7.12 WAS HEARD AFTER PROCLAMATIONS 4 , 7 . 12 Discussion of the MPO request to pass the Airport Vicinity Planning Resolution. j City Manager Flatley explained that the Airport Authority recommended the various cities surrounding the airport and Broward County to get together to plan the growth in and around the airport . He then i introduced Raymond R. Lubomski , Director of Planning & Development with the Broward County Aviation Dept . J i 1 Raymond Lubomski explained that the airport is co-sponsoring this project with the Planning Council . He explained that the airport is •_, planning to fund this project for the Planning Council along with trying to obtain federal funding to pay for the study which will include 5 phases and should take 18 months to complete. Jay Fields , Chairman for the Dania Airport Advisory Board, advised the Commission that the Board has expressed opposition to the adoption of this resolution proposed by the Metropolitan Planning Council in conjunction with the Broward County Planning Council as they feel it is a duplication of planning efforts and a waste of tar. dollars . He also expressed the Board' s concern that Dania would be transferring certain local control over to another planning group or agency. i Commissioner Bertino expressed his concern for the City entering into a planning effort for the expansion of the airport since the City is in opposition of the expansion and may enter litigation in the near future. I Mike Wanchick, Administrator for Broward County Planning Council , came forward to clarify the misconceptions that this is a regulatory effort . He stated that this is a planning effort that is intended to be multi- jurisdictional planning effort not strictly intended to implement anything that the airport may have in mind or particular local jurisdiction. He stated that it is the Planning Council ' s intention to foster as much inter-governmental coordination and cooperation as possible. Mr . Wanchick stated that Broward County is legally required to go thru with this effort whether or not local communities agree or not. He expressed the need for community input in this program to address everyone ' s needs . Several members of the Commission expressed their lack of confidence in the actions of the Planning Council and opposition to the adoption of this resolution. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino for Dania not to participate in the airport vicinity planning and to direct the City Attorney to draft a resolution to this effect to be sent to the FAA. REGULAR MEETING 10 JUNE 11 , 1991 The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes THE COMMISSION RETURNED TO ITEM 3. 1 8. APPOINTMENTS 8.1 Appointments to the Marine Advisory Board. Commissioner Hyde appointed John Simione. Commissioner Grace and Mayor Mikes continued their appointments at this time . 8.2 Appointments to the Downtown Redevelopment Agency. Mayor Mikes appointed Joe Maggi from the Fish Grill . Commissioner Hyde appointed Vito Mancino. Vice Mayor McElyea continued his appointment . i` A motion was made by Vice Mayor McElyea , seconded by Commissioner Hyde to approve these appointments. The motion passed on the following roll call vote: 3 Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes ,t 8 .3 Appointments to the Dania Housing Authority. Mayor Mikes mentioned that Jay Fields has resigned from the Housing Authority as he is involved with the Airport Advisory Board. Mayor Mikes appointed Sherie Coale and Jerry Mordes to the Dania Housing Authority. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the appointments as made by Mayor Mikes to the Dania Housing ' Authority. Vice Mayor McElyea requested to be advised if Mayor Mikes is informed by Mr . Wenkelholz that an opening exists for a Tenant Commissioner position on the Dania Housing Authority. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 9. CITIZENS' COMMENTS - None 10. ADMINISTRATIVE REPORTS City Manager 10.1 For information, Tim Tapp has been assigned supervisory responsibility for public works (Cliff Taylor now reports to Tim Tapp rather than to me) . 10.2 Preliminary property assessment valuation report indicating the City of Dania increasing 17% and what that really means. City Manager Flatley mentioned that this 17% increase has to do with the newly annexation area and that this increase will now be needed for services to this area. REGULAR MEETING 11 JUNE 11 , 1991 Mi Mr. Flatley informed the Commission that the ONRP, formerly EQCB, has been contacted by the EPA in relation to the Lindsley Lumber cleanup site and that a plan should be finalized shortly. Mr. Flatley stated that Dania will be advised when the plan is ready and that all representatives from the different agencies will come to a workshop to discuss further with the Commission. Mr. Flatley reminded the Commission of a workshop scheduled Tuesday, June 18. City Attorney Adler commented on his recent illness and stay in the hospital. 11. COMMISSION COMMENTS 11 .1 Commissioner Bertino Commissioner Bertino mentioned the road repair needed on llth Street near the school . Will Allen stated that the architect has been advised of the problem and that he has a responsibility to repair the road. Commissioner Bertino mentioned the graffiti problem at the Winn Dixie Shopping Center and the grass between the parking areas that needs cleanup. Commissioner Bertino requested City Attorney Adler to look into the problem of trees that may pose a danger in the event of hurricane winds onto another person ' s property. P Y. 11 .2 Commissioner Grace Commissioner Grace expressed appreciation for City Attorney Adler being i well and back at work and the positive results from the recent posse a ride in the Griffin area . Commissioner Grace mentioned the need to plan the event at the Beach for ;�. the 4th of July celebration . Mr. Flatley suggested the Commission .`, consider hosting a concert with Magic 105.7 radio station. Commissioner Grace mentioned the drainage problems in the City that need to be addressed. 11 . 3 Commissioner Hyde Commissioner Hyde mentioned the continuing massage parlor problem on SW 30th Avenue and expressed his positive response to the Posse ride . 11 . 4 Vice Mayor McElyea i Vice Mayor McElyea mentioned that Mildred Jones was just awarded the "Chrystal Apple Award" honoring someone who gives so much of their time to school children. He mentioned that the South Area Advisory presented this award at a luncheon on June 3 held at the Rolling Hills Country Club. Vice Mayor McElyea mentioned that several oak trees have been trimmed excessively in front of the Dania Nursing Home . Vice Mayor McElyea commented on the number of people who attended class reunions for years back to 1927 . 11 . 5 Mayor Mikes Mayor Mikes expressed appreciation to Vice Mayor McElyea for the use of his vehicle in conducting the Dania Posse rides . Mayor Mikes commended Griffin Brothers for the improvements being made to the beach and requested that the yellow arrows be repainted for the upcoming dedication . REGULAR MEETING 12 JUNE 11, 1991 i 1 6 Mayor Mikes mentioned his attendance at a Habitat for Humanity Dedication for two single family homes in the Northwest area . He then commented on the City' s need to obtain grant funds for improvingaaround in the City and expressed concern that the proposed vicinity plan the airport might cause Dania to be ineligible for certain grants . This regular commission meeting was then adjourned. YOR-COMMISSIONER CITY CLERK-AUDITOR ,,{ 's k Y � d I I i i i r REGULAR MEETING 13 JUNE 11, 1991 i i i FORM 80 `1EMORANDUM OF VOTING CC UCT FOR COUNTY, MbvdICIPAL, AND OTHER LOCAL PUbigC OFFICERS LAST NAME/I—rIRST NANIL—MIDDLE NAME NAME OF BOARD,COUNCIL, (OMMI`SSION,AUTHORITY,OR COMMITTEE NIAILINO ADDRESS Mt HOARD.CO Cl[.,COI MNIISSION. AUTHORITY,OR COMMITTEE ON WHICH I SERVE I A UNIT OF: D � n A /' -(!] ('11 (OUNTY OTHER LOCAL AGENCY CITY COUNTY NANIE OP POLITICAL SUBDIVISION: �, >"T "� ��✓d W G� ilk �:. )'1 : 7� C_ I�4—C: C1_d DATE ON WHICH VOLE OCCURRED MY P0511'ION I ELECTIVE . : APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. 4. . +, Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. I l INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ' ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and I WITHIN 15 DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate irf a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency, • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (I I(INNI KB III 86 - PACE I i 4. / I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 _1�4AoQ v ({ C t hereby disclose that on (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of by whom f am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ,Y &!Ixt L ,I i• Y J S l 1 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PACE 2 CE FOR,St sa IO 86 r. I i 4 r P R O C L A M A T I O N WHEREAS, the City of Dania is desirous of promoting health and fitness in the community; and WHEREAS, the City of Dania is also desirous of beautifying the beach and Dania Beach Boulevard; and WHEREAS, the City has now completed the installation of the health fitness trail; and WHEREAS, the City recognizes Memorial Hospital for contributing the fitness trail apparatus; and WHEREAS, the City recognizes the cooperation efforts of the City of Hollywood in establishing the health fitness trail; and 1 ? WHEREAS, the City recognizes the State of Florida Department of Transportation for funding the trail and the State of Florida tt 4, J Department of Natural Resources for funding of the beach beautification project. NOW, THEREFORE, I, Robert Mikes, Mayor of the City of Dania, I Florida, do hereby proclaim June 19, 1991, as DANIA BEACH BOULEVARD HEALTH FITNESS AND LANDSCAPE BEAUTIFICATION DAY in the City of Dania, and urge all citizens to use the health & fitness trail regularly. I set my hand this llth day of June, 1991. Attest: L✓•�Z /// �� Robert Mikes, Mayor Wanda mullikin, City Clerk AGENDA DANIA REGUILAR MEET TY ION ING JUKE 11, 1991 8:00 P.M. PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED WITH REGARD TOY AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A RECORD OF THE PROCEEDINGSr 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 CONSENT AGENDA ^; Minutes meeting 1 .1 May 21, 1991, workshop 1.2 May 28, 1991, regular meeting s Gl Resolutions FLORIDA, AUTHORIZING THE 1s "A RESOLUTTO AN ION OF THE CITY OF DANIA, fflTER Y I CITY MANAGCOR AND MMUNITYEFORESTRYIGRANTATE IMEMORANDUMTY LOFTAGREEMENTNWITH U DEPARTMENT OF AGRICULTURE AND CONSUMER THE STATE OF FLORIDA, PROVIDING FOR COPIES; SERVICES, AND DIVISION OF FORESTRY; TIVE DATE. " PROVIDING FOR AN EFFEC A RESOLUTION OF THE CITY OF DANIA, FCORIDA, APPROVING INTERLOCAL AGREEEMENTEBRECYCLINGOCOORDINATIONANANDH D TE CITY OF 1.4 PROVIDING FOR DANIA FOR SOLI G AN EFFECTIVE DATE. " Ordinances AMENDING SECTIONS 1.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, 8-1 AND 8-2 OF ARTICLE I , CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, RELATING TO THE SOUTH FLORIDA BUILDING CODE; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF LUTIONS IN ORDINANCEH ALL BEEREPEALEDLUTIONS R TOTHEREXTENTTS OF ROFOSUCH CONFLICT; CONFLICT EREWITH AND PROVIDING FOR AN EFFECTIVE DATE. " 2, PROCLAMATIONS 2.1 Dania Beach BoulevardJune Health 19 ,F1991ss and Landscape Beautification Day 3, BIDS stem Improvements 3. 1 Award of bid for Water Sy 1 1 1 A f 4i 4 . PUBLIC HEARINGS AND FINAL READINGS 4 . 1 Petitioner/Owner - Bruce B. Kodner; property located at 102 East Dania Beach Boulevard VA-12-91 - A variance is requested to allow a third wall sign (only two permitted on a corner lot) . 4 .2 Petitioner/Owner - William Livingston; property located at 7 NW Third Avenue SE-14-91 - A special exception is requested to allow the storage of a race boat, truck and trailer in an existing building. 4 .3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4. 10 OF ARTICLE 4 AND SECTION 2. 10 OF ARTICLE 2, CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR COMMUNICATION TOWERS AS A SPECIAL EXCEPTION USE IN I-G, I-R, C-4 AND C-3 ZONING DISTRICT CLASSIFICATIONS; PROVIDING FOR A DEFINITION OF "COMMUNICATION TOWERS" ; 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. " 5. SITE PLANS 5. 1 Request approval of revised site plan for Banyan Bay Marina. 6. EXPENDITURE REQUESTS 6. 1 Request by the League of Cities to contribute $200 to the Greenbelt Program. g, ) 7 . DISCUSSION {, 7. 1 Proposed design and painting of water tower. 7.2 Citizen request for four-way stop sign at SE 4 Street & SE 4 Avenue. 7.3 Robert Krilich is requesting a one year extension for the Cruisin USA development. 7.4 Alan Kan is requesting termination of developer's agreement for property at the SW corner of Bryan Road and Tigertail Boulevard. 7.5 Florida One Construction requests permission to file petition to vacate right-of-way and utility easements in "Glen-Lauren Homes" plat and to waive replatting requirements. 7.6 Endorsement of Mayor Ilene Lieberman for election to the position of second Vice-President of the Florida League of Cities . 7.7 Sanitation Contract: A. Seacoast request to extend the current contract for five additional years. B. Approval of sanitation bid specs as discussed at the May 21, workshop. 7.8 Discussion of establishing a policy that the City use recycled materials whenever possible. 2 i DISCUSSION (continued) 7 .9 Review of Jack Downs construction progress of the 800 Marine Technical Center. 7 . 10 Letters to be issued to several trailers in the right-of-way at Trails End Trailer Park. 7. 11 Request for trees from the Christopher Columbus Monument Committee. 7. 12 Discussion of the MPO request to pass the Airport Vicinity Planning Resolution. 8. APPOINTMENTS 8. 1 Appointments to the Marine Advisory Board 8.2 Appointments to the Downtown Redevelopment Agency 8.3 Appointments to the Dania Housing Authority 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. � 4 d 10. ADMINISTRATIVE REPORTS City Manager 10. 1 For information, Tim Tapp has been assigned supervisory responsibility for public works (Cliff Taylor now reports to Tim rather than to me) . 10.2 Preliminary property assessment valuation report indicating the City of Dania increasing 17% and what that really means. I f City Attorney 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