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HomeMy WebLinkAbout1991-04-23 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 23, 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 *Resolution and plaque to Jean Cook for services rendered to the e City of Dania. Mayor Mikes read the resolution, in its ' entirety, expressing appreciation to Jean Cook for her years of service to the City of Dania and presented her with a plaque. Jean Cook stepped forward to express her appreciation for being 3 given the opportunity to serve the City of Dania and mentioned that she will continue to be active in the community on behalf of the City. *Tree City USA Award presented to the City of Dania by Gene Dempsey, Senior Forester for the Broward County District of the Florida Division of Forestry. I City Manager Flatley commended Commissioner Bertino for initiating the idea of applying for this recognition and to Will Allen, Growth Management Director, for his administrative services in obtaining the Tree City USA designation for Dania. ! Gene Dempsey explained that in 1990 there were 75 cities who achieved the Tree City USA designation and presented a brief overview on how the program began in 1976 . Mr. Dempsey presented a plaque, flag and two signs designating the City of Dania as a Tree City USA. Mr. Dempsey encouraged participation in this program each year in order to become recertified. Commissioner Grace informed the public that there will be an Arbor Day Celebration on April 25 at Dania Elementary and on April 26 at Collins Elementary at 8 : 30 a .m. Commissioner Bertino requested that the City have their stationery printed with the Tree City USA designation in an effort to engender this type of concept . PULLED FROM THE CONSENT AGENDA Commissioner Grace requested item 1.4 and City Manager requested item 1.9 be pulled from the Consent Agenda. 1. CONSENT AGENDA City Attorney Adler read the following items on the Consent Agenda: REGULAR MEETING 1 APRIL 23, 1991 1 i 4. Minutes 1 .1 April 9 , 1991, workshop meeting 1 . 2 April 9, 1991 , regular meeting 1 . 3 April 16, 1991, workshop meeting Resolutions 1. 5 A Resolution appointing members to the Code Enforcement Board to serve until their successors are duly appointed. 1 .6 A Resolution appointing the members to the Police and Firefighters Pension Board per Florida Statutes , to serve until their successors are duly appointed. 1 .7 A Resolution increasing its General Fund Budget for the fiscal year 1990-91 , from $10 , 579, 460 to $10, 580, 660. 1.8 A Resolution appointing Timothy G. Tapp as Recreation Director; and providing for compensation for such appointee; providing that such appointee shall serve at the pleasure of the City Commission of the City of Dania, Florida. 1 . 10 A Resolution of the City of Dania, Florida, providing for expiration dates for members of Boards and Committees appointed by the City Commission. Ordinances 1 .11 An Ordinance of the City of Dania, Florida, amending Chapter 2 of the Code of Ordinances of the City of Dania, Florida, by adding Article VI thereto establishing a Marine Advisory Board; and providing for the term of members, rules of procedure and duties; and providing that all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. 1 . 12 An Ordinance of the City of Dania, Florida, amending Subparagraph (a) of Section 19-52, Article IV, Chapter 19 of the Code of Ordinances of the City of Dania, Florida, to provide for the appointment of ten (10) members to the Downtown Redevelopment Agency; and providing that all ordinances or parts of ordinances and all resolutions and parts of resolutions in conflict herewith be repealed to the extend of such conflict; and providing for an effective date. 1 .13 An Ordinance of the City of Dania, Florida, regulating the erection of billboard advertising signs in the City of Dania; providing for codification; providing for separability; 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 it effective date. A motion was made by Commissioner Grace, seconded by Commissioner Hyde to approve the Consent Agenda. 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 ITEMS PULLED FROM CONSENT AGENDA 1 . 4 A Resolution of the City of Dania , Florida, approving application for Community Development Block Grants for 1991-1992, between the City of Dania, Florida and Broward County; and authorizing the appropriate City Officials to execute said application; and providing for an effective date. REGULAR MEETING 2 APRIL 23, 1991 i i N" Commissioner Grace mentioned the meeting held April 11 at Modello Park regarding the Community Block Grant Program and requested Mike Smith, Personnel Director, to explain the 1991-92 fiscal year program. Mike Smith, Personnel Director, mentioned that the two programs the City of Dania will be submitting that relate to the Dania Redevelopment plan are to improve sidewalks and paving along NW 2 Street and continue improvements to Modello Park. Mr. Smith mentioned that he plans to submit a proposal to improve the landscaping, resod the athletic fields, improve the sprinkler system and also do other esthetic improvements to Modello Park. Mr. Smith felt that these projects would meet with the grant requirements of the Community Block Grant Program. He explained that the Dania Redevelopment Plan participates with other non- profit agencies that serve the target area; Dania Economic Development Corp. , Housing Authority, L.E. S. , and Ebony Village Pre-School and Kindergarten. These agencies submit proposals to be reviewed for grant funding, the agencies are limited to two proposals and the ARP cannot exceed $500,000. A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to adopt the resolution approving application for Community Development Block Grants for 1991-1992, between Dania and Broward County. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes 7' Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes i ? s 1. 9 A Resolution of the City of Dania, Florida , requiring utility companies to give written notice to the City of Dania seven (7) days prior to commencement of any major construction f` I project within the City; and providing for an effective date . City Attorney Adler stated that a workshop meeting was conducted to discuss this resolution and that the resolution has been amended by removing item 9 . Length of interruption of service, if any, and the area affected by such interruption of service and the days for notification from 15 days to 7 days. " Bill Garfinkel , FPL, read a letter from District General Manager, Jim Morell, explaining their position with regards to not being able to notify the City on routine work orders relating to repairs , maintenance , new service installations, and removal or relocations scheduled in the City. He mentioned that this type of service would not be considered major construction. If there is a planned electric outage because of FPL work, he stated that FPL attempts to notify each effected customer. The letter expressed a general objection to adoption of this resolution due to a concern that these restrictions would hinder the operations of electric service. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt the Resolution requiring utility companies give written notice to the City 7 days prior to the commencement of any major construction projects within the City. Commissioner Hyde clarified that this resolution designates major construction projects and that there is no intent to limit the activities of any utilities in the City. Commissioner Hyde added that this resolution will enable the City of Dania to respond to citizen inquiries on major projects being conducted by utility companies in the City. 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 3 APRIL 23, 1991 l 4: Captain Carney, BSO, took this time to inform the citizens in the City regarding an incident involving a dog being shot which resulted in its' ear being amputated. Captain Carney expressed the need for citizens to take precautions with their animals until this case can be resolved. Captain Carney stated that juveniles have been arrested for painting of graffiti in the City. He mentioned that 28 cases within the last few months have been attributed to three youths that are now in custody and that they are presently looking for a fourth youth in connection with these crimes. Captain Carney stated that the BSO Officer of the Year Award is going to Dania Officer, Tim Moran, and the Unit of the Year Award is going to Dania District IX. He stated that the awards ceremony is scheduled for May 7, 1991 at the Sheraton Hotel at 8:30 a.m. He invited the Commission and City Manager to attend this function. A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to have City Attorney Adler draft resolutions commending Officer Moran and the District IX Unit for their outstanding accomplishments and to have these resolutions delivered to BSO. 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 > 2. PROCLAMATIONS 2.1 Arbor Day - April 26 , 1991 j 2 .2 United Way of Broward County Awareness Week - May c 13 , 1991 . 2. 3 Older American Month - May, 1991 Mayor Mikes read each proclamation in its ' entirety. 3. BIDS - None I i 9. PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 .1 Petitioner/Owner - Cora Lee Mathis, guardian for the estate of Rosalyn Hardin; property located at 741 SW Third Street. Public Hearing - VA-11-91 - A variance is requested to allow the construction of a screen enclosure with a rear yard setback of 3 feet (5 feet is required) . Will Allen, Growth Management Director , explained that this property is on the south side of SW 3 Street and just to the west of Phippen Road near SW 12 Avenue. He explained that the request is for a screen enclosure around a swimming pool with a request for a 3 foot setback (5 feet is required by Section 6 . 12 of the Zoning Code) . He stated that the Planning & Zoning Board has recommended approval of this request as they felt there were special conditions relating to the structure involved. Norman Yacopino, representing Cora Lee Mathis , stepped forward to request approval of this request . Mayor Mikes opened the public hearing. After hearing from Loretha Waiters who expressed approval of this request and hearing no objections, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve VA-11-91 for Cora Lee Mathis to allow the construction of a screen enclosure with a rear yard setback of 3 feet at 741 SW Third Street . REGULAR MEETING 4 APRIL 23, 1991 1 i Y. Vice Mayor McElyea commended the Growth Management Department for the proper posting of the notice on this variance request . 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 4 .2 An Ordinance of the City of Dania , Florida, calling a referendum election on the 25th day of June, 1991 , on the proposed amendment to Section 13, Article 2 of Part VI of the Charter of the City of Dania, relating to filling vacancies in the office of City Commissioner; prescribing the form of ballot; directing the advertisement of such election; and providing for an effective date. City Attorney Adler read the amendment listed in the Ordinance for clarification for the public. Commissioner Hyde stated that although this ordinance would assist him in maintaining office for City Commissioner once he has met the 6 months residency requirement, he didn ' t feel the ordinance addresses residency effectiveness for annexation. He expressed concern that the ordinance would allow any person who ':,, ".• comes from out-of-state or from another City to be given the opportunity to run for City Commission without meeting any residency requirement and he didn ' t feel this would be right. City Attorney Adler stated that this ordinance would cover any situation where a person moved into the City and became elected '. into office and was found to not meet the six month residency srequirement after elected, they would be allowed to continue � j their office after they meet the six month requirement . Mayor Mikes confirmed that this would not allow people from out- of-state to run for office in Dania without meeting the six month residency requirement. He felt that this only addresses the filling of a vacancy for office for a candidate that the people wish to have in office thru the election process. City Clerk Mullikin explained that at the time of elections , candidates are required to sign an oath that states they have resided in the City of Dania for six months and one year in the State of Florida immediately preceding the date of the election. Ms. Mullikin stated that if the person signs the oath, she has no alternative but to accept it and no way of proving their residency. Commissioner Grace expressed her concern about the amount that a referendum will cost the City and recommended a Charter Review Board be created to make this amendment without going thru a referendum procedure. City Attorney Adler stated that in accordance with the Home Rule Bill, the City is allowed to change their Charter by adoption of Ordinances without going to Tallahassee. He mentioned that there are certain items that cannot be changed by Ordinance that require the referendum procedure and anything relating to elections is one issue . Commissioner Bertino clarified that the City would have to go thru a referendum procedure in changing this Section of the Charter and could not be done by a Charter Review Board. Commissioner Hyde restated his position that the ordinance should address the question of annexation and that the language should be very specific. City Attorney Adler stated that this ordinance can be corrected to address the issue of credit being given to residents who have resided in an annexation area if the Commission desires. REGULAR MEETING 5 APRIL 23, 1991 r" The Commission and City Attorney Adler discussed legal wording that could be changed in the ordinance to address the issue of annexation only and decided to defer this issue until later in the meeting so the City Attorney could amend the legal language. THE COMMISSION WENT ON TO ITEM 5.1 AFTER ITEM 7. 9 WAS HEARD, THE COMMISSION RETURNED TO ITEM 4.2 REGARDING AMENDING THE ORDINANCE. City Attorney Adler advised that he amended the ordinance to insert "due to annexation" in Section 2 and in Section 3: Question No. 1 and 2. A motion was made by Commissioner Bertino, seconded by Mayor Mikes, after passing the gavel, to amend the ordinance as stated by City Attorney. Commissioner Hyde expressed his dissatisfaction with the amendment as he felt this does not go back and address the City Charter residency requirement which is why this issue began. He felt the original clause in the City Charter should be amended to include residency and annexation provisions. The motion to amend passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-no Mayor Mikes then opened the public hearing on the amended l' ordinance. Al Spies expressed the need to readvertise the ordinance as amended prior to adoption. Bob Adams questioned whether it was legal for Commissioner Hyde to run for office in the first place in accordance with election rules. Jay Fields expressed the need to have a Commissioner residing in the annexed area for representation. Hearing no further comments, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, second by Mayor Mikes, after passing the gavel, to adopt the ordinance on second reading as amended. The motion failed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-no Mayor Mikes-yes Commissioner Grace-no THE COMMISSION RETURNED TO ITEM 8.1 APPOINTMENTS. 5. SITE PLANS 5.1 SP-10-91 - A site plan approval is requested by the Humane Society of Broward County for a 33, 656 square foot office/kennel facility at 2070 Griffin Road. Will Allen, Growth Management Director, explained the location of this property to be on the south side of Griffin Road and east of Ravenswood Road. The property is zoned C-1 and B-3 and the proposed use is a kennel and office building that involves 33, 656 square feet . Mr. Allen stated that the Planning & Zoning Board recommended approval with the following conditions: 1 . The structures and proposed building meet concurrency requirements; 2. The street to the east , Parkway Avenue, be improved along with a portion of Pine Street which serves as an exit on the southeast corner of the site; REGULAR MEETING 6 APRIL 23, 1991 1 3. Pine Street be used as exit only as the on-site traffic is one-way out of the parking lot. Signage needs to be erected including DO NO ENTER at the east side of the exit along Pine Street and NO-LEFT TURN on the south side of Pine Street to keep cars from turning into the parking lot from Pine Street; 4. Utility Plans showing the location of water mains and hydrants be approved by the Fire Chief and City Engineer. After discussion regarding the egress and ingress to the project, Will Allen advised that he checked with Broward County and there are no other alternatives for entering and exiting the site . A motion was made by Commissioner Grace, seconded by Commissioner Hyde to approve site plan SP-10-91 for the Humane Society of Broward County for a new building at 2070 Griffin Road with the inclusion of the Planning & Zoning Board conditions and two oak trees be added in the front. 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 Payment of AT&T excise tax overpayment . City Manager Flatley reported that the City was advised by AT&T that they over paid several cities in excise tax some two years i ago. Mr. Flatley stated that the amount the City has to pay back 3, 1 is $18 ,949.70 and that AT&T has agreed to allow the City to pay $9, 000 in June, 1991, $5, 000 in December , 1991 and $4 , 949.70 in October, 1992 without interest. A motion was made by Commissioner Grace, seconded by Vice Mayor Mikes to approve the repayment of $18 , 949 .70 to AT&T over a period of three years. ^ if The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7. DISCUSSION 7 .1 Request from David Sandstrom to waive sidewalk requirements for a new house at the SE corner of SW 44 Street and SW 23 Avenue. (Continued from 3/26/91) Will Allen, Growth Management Director, advised that a request has been made by David Sandstrom to waive the sidewalk requirement with the construction of his new home. Mr. Allen recommended that the City maintain the City policy to require sidewalk installation on new construction and mentioned that this is also a Broward County requirement. Commissioner Hyde expressed his opinion that Mr . Sandstrom should not be required to build the sidewalk due to the area not having sidewalks and this looking out of order. A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to deny the request from David Sandstrom to waive the sidewalk requirement on his house located at SE corner of SW 44 Street and SW 23 Avenue . REGULAR MEETING 7 APRIL 23, 1991 i i The motion passed on the following roll call vote: Commissioner Bertino-no Vice-Mayor McElyea-yes Commissioner Hyde-no Mayor Mikes-yes Commissioner Grace-yes 7 .2 Request for temporary tents at Tugboat Annies for the annual Billfish Tournament . City Manager Flatley requested Commission approval to allow the construction of temporary tents by Tugboat Annies for the annual Billfish Tournament. He mentioned that the tents would be taken down by April 29, 1991 . Will Allen, Growth Management Director, advised that Tugboat Annies have submitted plans for a permanent canopy to replace the existing large tent on the site. He explained that the canopy was previously approved as part of the DRI for Houston Park and that he expects the permit to be issued in the very near future. Commissioner Hyde expressed his concern that the tents that were approved last year were not removed in time and whether compliance would be made this year in regards to removing the tents. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the request for temporary tents at �',• Tugboat Annies for the annual Billfish Tournament to be removed by April 29, 1991 . The motion passed on the following roll call vote: is Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes i 7 .3 Request for boat show at Seafair and a banner to advertise the boat show. Brad Michaels, Marine Industries Unlimited, stepped forward to request approval to hold a used boat sale May 17, 18 and 19 at the north area of the Dania Seafair. He mentioned that the " request for the banner is not necessary as the cable across Federal Highway has been torn down due to a recent storm. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to approve the request for the boat show at Seafair for May 17, 18 and 19. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yea Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7. 4 Six month review of Utilities Director Bud Palm. City Manager Flatley stated that Mr. Palm has saved the City a lot of money over the past six months due to his 31 years of experience in the utilities field and felt the City is very fortunate to have him in their employment. Mike Smith, Personnel Director, explained that Mr. Palm was hired October 30 with the condition that his salary would be reviewed after 6 months of service. He mentioned that funding for the Utility Director is budgeted at $45, 000 and that Mr. Palm is requesting a salary of $42 , 000. Commissioner Grace suggested to wait and address this increase after the 91/92 fiscal year budget is reviewed in June. REGULAR MEETING 8 APRIL 23, 1991 In relation to upcoming budget discussions , City Manager Flatley reported on the increase in sanitation rates to $62. 50 per ton by Broward County and expressed concern that this rate will be increased again in October. He mentioned that when the Reuter Recycling Facility is operating, there rate will be around $57 . 00 per ton. Mr. Flatley expressed the need to address the increase in utility and sanitation rates in the upcoming budget discussions. A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to approve the request to raise Bud Palm, Utility Director, to $42, 000 at this time and review him again in 2 months when other Department Heads are reviewed. 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 7.5 Further discussion of EPA cleanup of Lindsley Lumber Site. (Mayor Mikes) City Manager Flatley reported that the EPA confirmed that the burn method of disposing of the toxic waste at the Lindsley Lumber site is the proper and approved method. He mentioned that Broward County EQCB has requested answers to several questions regarding this procedure prior to them giving their approval and that they will be monitoring the procedure if in fact it goes to incineration. Once the questions have been responded to and EQCB is satisfied, the project for disposal will go forward. Commissioner Hyde requested City Manager Flatley to report back y to the Commission and public as progress is made in regards to r this cleanup project . Commissioner Hyde and Mayor Mikes responded to questions and concerns from citizens in relation to environmental impact this cleanup project will have on Dania. Commissioner Bertino suggested that the City Attorney look into the City' s legal rights in regards to this project in the event there are adverse effects . Mayor Mikes suggested to meet with representatives from the ' Broward County EQCB and Department of Environmental Regulation to hear their opinions on this project so that Dania can be fully informed. The Commission agreed to have City Manager Flatley report back on any progress and schedule a workshop meeting with representatives from Broward County EQCB and the Department of Environmental Regulation with regards to the safe treatment method being used by EPA for the Lindsley Lumber site. 7 .6 Status report on Hollywood Harbour DRI . Will Allen, Growth Management Director, reported that there are public hearings scheduled in June and July concerning the proposed Hollywood Harbour DRI. The DRI site involves 68 .2 acres located in the City of Hollywood at the south end of Port Everglades and west of the intracoastal and north of the Dania Cut-Off Canal . Mr. Allen mentioned that a meeting is schedule tomorrow with Broward County regarding the traffic circulation plan of this proposed project. Mr. Allen reviewed an overall site plan with the Commission and audience. Mayor Mikes expressed his concerns on the industrial traffic impact with this project making it impossible for Danid to develop their own land in this area and the effects this would have on Dania ' s tax base . REGULAR MEETING 9 APRIL 23, 1991 1 Y A motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to have City Attorney Adler prepare a resolution stating Dania ' s opposition to any project that would put US 1 at NE loth Street in an over-capacity traffic_ position and to distribute to the proper agencies . 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 Beach parking spaces reserved for B. S.O. vehicles . (Vice Mayor McElyea) Vice Mayor McElyea suggested to reserve parking spaces at the beach for BSO officers to use on their off-time as a means to show force in this area. The Commission agreed to have City Manager Flatley send a letter to BSO informing them that officers in marked police cars are welcome to come to Dania Beach on their off time and during regular working hours and that they will have free parking. 7 .8 Discussion of the City of Parkland' s request to join Reuter Recycling. City Manager Flatley reported that the City of Parkland has requested to be included in the Reuter Recycling Plant agreement with Dania, Hallandale, Pompano Beach and Pembroke Pines. He $ stated that a deadline date of May 1 has been designated for full approval from Parkland and that the four cities would have to then vote on whether or not to include Parkland. Mr. Flatley i mentioned that he would report back to the Commission on this tt issue. 7 .9 Approval to create a videotape of the City of Dania for public relations purposes . (Commissioner Grace) ' Commissioner Grace suggested to videotape Dania for public relations purposes since Dania is the oldest City in Broward County and due to the history here. City Manager Flatley mentioned that a lot of public relations information was distributed during the annexation period which contributed to a positive image for Dania. Mr. Flatley stated that he is working with Jones Intercable in preparing a script to be brought back to the City Commission for review. He mentioned that this service will be done free of charge. AT THIS TIME, THE COMMISSION RETURNED TO ITEM 4.2 ON THE AMENDMENT TO THE ORDINANCE. 8. APPOINTMENTS 8 .1 Appointment to Airport Advisory Board by Comm. Bertino to replace Bill Hyde. Commissioner Bertino appointed Morris Schockett to replace Bill Hyde on the Airport Advisory Board. 8 . 2 Appointment to Industrial Advisory Board by Mayor Mikes . Mayor Mikes reappointed Bill Wosenitz to the Industrial Advisory Board. 8 .3 Appointment of Mayor Mikes as voting delegate and Commissioner Grace as alternate voting delegate to the Broward League of Cities . REGULAR MEETING 10 APRIL 23, 1991 A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to appoint Mayor Mikes as voting delegate and Commissioner Grace as alternate voting delegate to the Broward League of Cities. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 8 . 4 Commissioner Bobbie Grace has been appointed to the Broward Planning Council and the Broward League of Cities Board of Directors. The Commission congratulated Commissioner Grace on her appointments . At this time, a motion was made by CommissionrHyde item seconded dedaby Commissioner Grace to approve of the appointments 8 .2. The motion passed on the following roll call vote: y Commissioner Bertino-yes Vice-Mayor McElyea-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes 9. CITIZENS' COMMENTS ? p 10. ADMINISTRATIVE REPORTS 10 .1 City Manager W, �d City Manager Flatley read a letter received from Mildred Jones and the Principal, O.K. Hollinger, from Collins Elementary expressing appreciation to the City Commission for their support in passing a resolution encouraging renovations to Collins Elementary. Mrs. Jones informed the Commission in her letter ` that the much needed renovations have begun. 10.1 .1 Mr. Flatley encouraged everyone to attend Arbor Day tree plantings at Dania Elementary School on April 25 at 8 :20 a.m. and Collins Elementary School on April 26 at 8:30 a .m. Mr. Flatley mentioned that the April 20th Dania Posse Ride was cancelled due to rain and suggested to reschedule for Saturday, May 11 or .May 25. The Commission agreed to schedule May 25 for the Dania Posse ride. 10.2 City Attorney - no comments 11. COMMISSION COMMENTS 11.1 Commissioner Bertino Commissioner Bertino requested City Manager Flatley look into trash pick up at the Publix Shopping Center and the street light that is needed at the Winn Dixie Shopping Center. Commissioner Bertino reported that he has received complaints from residents in the townhouse complex next to the Publix Shopping Center regarding customers using their private roads. He requested City Manager Flatley obtain a "Right Turn Only" sign on the north exit of the shopping center. REGULAR MEETING 11 APRIL 23, 1991 4- 11 . 2 Commissioner Grace Commissioner Grace requested City Manager Flatley to check into repairing the street light at Phippen and Stirling Road. Commissioner Grace notified the public that the Dania Activity Committee, in conjunction with the City of Dania, will be sponsoring Chester Byrd Family Day on May 18 from 10:00 a .m. to 7:00 p.m. which happens to fall on Armed Forces Day. She mentioned that the colors for the celebration will be red, white and blue and encouraged participation. Commissioner Grace expressed concern for the poor storm drainage and graffiti problems at the Publix Shopping Center. After hearing comments from a citizen regarding this problem, Mayor Mikes recommended that he meet with the City Manager to place this item on an upcoming agenda for discussion. Commissioner Grace suggested that a meeting be scheduled with the Human Relations Board and asked to add revision and upgrading of the Recreation Committee to the next regular meeting agenda. Commissioner Grace mentioned that she is being honored with the award for "Citizen of the Year for 1991" on Saturday at the Embassy Suites Hotel at 12:00 noon and encouraged citizen participation. 11 . 3 Commissioner Hyde 1` Commissioner Hyde requested addresses and names of civic " associations in the City so that information relating to the q Airport noise control can be distributed. Commissioner Hyde commented on the new businesses in the Griffin area and the positive effects this will have on the area. Commissioner Hyde expressed his personal feelings with regards to his vote on item 4 . 2 and commented on his desire to continue in the position of Commissioner for the City of Dania. 11.4 Vice Mayor McElyea City Manager Flatley reported on the progress being made with the Melaleuca Gardens Park and the Middle School construction sitepurchase of marl from the Olsen Vice Mayor McElyea informed the public 1945 thru 1954 South Broward High School hwilllbesheldnatntheor Hilton Hotel on June 7, 8 and 9. The Commission and audience expressed congratulations to Vice Mayor McElyea who is celebrating his 36th Wedding Anniversary. 11 . 5 Mayor Mikes Mayor Mikes commented on a meeting that he attended recently relating to refurbishments that are being made to South Broward High. Mayor Mikes suggested placing a perimeter around the tot lot area at Melaleuca Park to make a safer place for the children. Mayor Mikes informed the public that he is receiving an award for "Environmentalist of the Year" from the Young Democrats Club next month and mentioned the positive affects that are going on to upgrade the appearance of the City. Vice Mayor McElyea mentioned that Commissioner Bertino received "Outstanding Democrat" award from the Dania Democratic Club recently. REGULAR MEETING 12 APRIL 23, 1991 1 i A 6i This regular commission meeting was then adjourned MAYOR-COMMISSIONER ITY CLERK-AUDITOR 9 d t. . �l a. � K.t w � REGULAR MEETING 13 APRIL 23 , 1991 i AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 23, 1991 8 :00 P.M. DECISION MAD�E By THE CITY OR TING TO PEAL D AT THIS ANY PERSON ITH REGARDDECIDESTO ANYP MATTER CONS NCEEDINGS,E AND FOR SUCH PURPOSE COMMISSION W HEARING WILL NE URE ED A RECORD OF THE PRO MAY NEED To ENSI INCLUDES THE TESTIMONY ANDATIM OEVIDENCE UPON O WHICH THEIGS IAPPEAL WHICH RECORD IS TO BE BASED. INVOCATION ROLL CALL PRESENTATIONS * Resolution and plaque to Jean Cook for services l' of Dania of Dania by * rendered to theto the City Tree City Senior Forester for the Broward County r Gene Dempsey, i District of the Florida Division of Forestry x fvj 1, CONSENT AGENDA Minutes 1991 , workshop meeting 1.1 April 9 , meeting 1.2 April 9, 1991 regular , meeting 1.3 April 16 , 1991 , workshop Resolutions FLORIDA, APPROVING 91-199APPLICA- BLOCK GRANTS FOR 1991-19AND 1.4 "A RESOLUTION OF THE CITY OF DANIA, TION FOR COMMUNITY DEVELOPMENT BLOCK AND BROWARD COUNTY; BETWEEN THE CITY OF DANIA, AUTHORIZING THEAND PAPPROPRIATE CITY OFFICIALS T ROVIDING FOR AN EFFECT VE DATE." EXECUTE SAID APPLICATION; � FLORIDA, APPOINTING MEMBERS LUTION OF 1,5 "A RESO THE CITY OF DANIA, TO THE CODE ENFORCEMENT BOARD TO SERVE UNTIL THEIR SUCCESSOR ARE DULY APPOINTED; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1.6 "A RESOLUTION OF THE CITY APPOINTING THE Y OF DANIA, FLORIDA, REF ION PER MEMBERS TO THE POLICE SERVE UNTILITHEIR ' SUCCESSORS BARED DULY FLORIDA STATUTES , APPOINTED; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS O SUCH LCONFLICT N ANDFLICT PROVIDINGEFORHANE REPEALED To EFFECTIVE DATE." EXTENT OF SUITS FLORIDA, INCREASING FROM 1.7 "A RESOLUTION OF THE CITY T FOR O HEDAFISCAL YEAR 1990-91 , GENERAL FUND AND PROVIDING THAT. ALT, RESOLUTIONS $10 ,579,460 TO $10 ,580 ,660; OR EXTENTTOFOSUCH COONFLIONS IN CONFLICT HEREWITH BE CT; AND PROVIDING FOR AN EFFECTIVEEDATE."D To H EX 1 CONSENT AGENDA (continued) 1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING TIMOTHY G. TAPP AS RECREATION DIRECTOR; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 .9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUIRING THAT UTILITY COMPANIES GIVE WRITTEN NOTICE TO THE CITY OF DANIA FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF ANY MAJOR CONSTRUCTION PROJECT WITHIN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 2 . �, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING ARTICLE VI THERETO ESTABLISHING A MARINE ADVISORY BOARD; AND PROVIDING FOR THE TERM OF MEMBERS, RULES OF PROCEDURE AND DUTIES; 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." "r 1. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBPARA- GRAPH (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 TEN (10) MEMBERS TO THE DOWNTOWN REDEVELOPMENT AGENCY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REGULATING THE ERECTION OF BILLBOARD ADVERTISING SIGNS IN THE CITY OF DANIA; PROVIDING FOR CODIFICATION; PROVIDING FOR SEPARABILITY; 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 2.1 Arbor Day - April 26, 1991 2. 2 United Way of Broward County Awareness Week - May 13 , 1991 2.3 Older American Month - May, 1991 3. BIDS - none 2 t 4, PUBLIC HEARINGS ( final readings) guardian for the estate of 4 . 1 Petitioner/Owner - Cora Lee Mathis, Rosalyn Hardin; property located at 741 SE Third Street Public Hearing - VA-11-91 - A variance is requested to allow the closure with a rear yard setback of 3 construction of a screen en feet (5 feet is required) . CALLING A REFERENDUM 4,2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ELECTION ON THE 25TH DAY OF JUKE, 1991 , ON THE PROPOSED AMENDMENT TO SECTION 13 , ARTICLE 2 OF PART VI OF THE CHARTER OF THE CITY OF DANIA, RELATING To FILLING BING T VACANCIES E FORM IN THEBALLOT;FDIRECTINGFICE OF ITHE COMMISSIONER; ADVERTISING OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIV DATE." 5, SITE PLANS roval is requested by the Humane 5. 1 SP-10-91 - A site plan app uare foot office/kennel Society of Broward County £or a 33 ,656 sq facility at 2070 Griffin Road. 6, EXPENDITURE REQUESTS ,` . ,. 6.1 Payment of AT&T excise tax overpayment. 7. DISCUSSION uirements for 7 .1 Request from David Sandstrom to waive sidewalkreq new house at the SE corner of SW 44 Street and SW 23 Avenue. (continued from 3/26/91) Armies for the annual 7 .2 Request for temporary tents at Tugboat IBillfish Tournament. na 7.3 Request for boat show at Seafair and a banner to advertise the e boat show. 7.4 Six month review of Utilities Director Bud Palm. cleanup of Lindsley Lumber Site. 7.5 Further discussion of EPA i (Mayor Mikes) 7.6 Status report on Hollywood Harbour DRI. ! 7.7 Beach parking spaces reserved for B.S.O. vehicles. (Vice-Mayor Mc Elyea) Parkland' s request to join Reuter 7.8 Discussion of the City of Recycling. public 7.9 Approval to create a videotape of the City of Dania for relations purposes (Commissioner Grace) S . APPOINTMENTS Board by Comm. Bertino to replace 8.1 Appointment to Airport Advisory Bill Hyde. s to Industrial Advisory Board by Mayor Mikes. 8.2 Appointment 3 i A 4. MAYOR'S PROCLAMATION WHEREAS , in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS , this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS , trees are a newable resource giving us paper, wood for our homes, fuel fore our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and j WHEREAS , trees, wherever they are planted , are a source of. Ii joy and spiritual renewal; and ,t WHEREAS , Arbor Day will be celebrated in Dania by tree Y, y planting ceremonies at both Dania Elementary School and Collins * Elementary School . NOW, THEREFORE, I, ROBERT A. MIKES , as Mayor of the City of Dania, Florida, do hereby proclaim the April 26, 1991, ARBOR DAY in the City of Dania and do hereby urge all our citizens to support efforts to protect ourt rees and woodlands and to su our city' s urban forestry program, and pport i FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future i generations. IN WITNESSES WHEREOF, I have hereunto set my hand and caused this seal to be afixed this 23rd day of April , 1991 . ATTEST: OBERT A. MIKES, Mayor city C1er -Audid—or 4 4. 1 MAYOR'S PROCLAMATION WHEREAS , May is Older Americans Month as declared by the President of the United States; and WHEREAS , a majority of over 350, 000 senior citizens is a major contributing force to life and its living in Broward County; and WHEREAS , many of these seniors serve as volunteers dedicated to helping the community' s young, old and those between; and WHEREAS , some aging men and women are experiencing problems associated with growing old, frail and dependent on society ; and WHEREAS , a group of elder advocates have banded together to I respond to the prayers of their less fortunate friends and neighbors by raising dollars for services through a Seniors for k Seniors Campaign. NOW, THEREFORE, I , ROBERT A. MIKES , as Mayor of the City of Dania , Florida, do hereby proclaim the month of May, 1991 as OLDER AMERICAN MONTH and May 1 , 1991 as SENIORS FOR SENIORS DAY in the City of Dania and do hereby urge all our citizens to join in promoting programs that will make others aware of the concepts �I involved in improving the quality of life for our senior citizens . IN WITNESSES WHEREOF, I have hereunto set my hand and caused this seal to be afixed this 23rd day of April , 1991 . x4nrz. ?�� OBERT A. MIKES, Mayor ATTEST: City Clerk—Auditor i t Y.i r MAYOR'S PROCLAMATION WHEREAS, the United Way of Broward County is an organization which was started as the Community Chest in 1937 . It became the United Way in 1970; and WHEREAS, the United Way of Broward County operates in an effort to improve the quality of life for children, youth and adults ; and WHEREAS, thousands of volunteer workers are backed by business, industry, labor and government in conducting United Way campaigns wherein contributions are solicited and collected from A^ individuals and corporations; and ' WHEREAS, the United Way of Broward County funds fifty local health, human service and youth agencies which must meet certain criteria before funding is approved. Volunteers from all segments of the community devote thousands of hours every year to review 2 the programs and budgets of each of these agencies before allocations are granted. This careful scrutiny assures j� operational efficiency at the lowest possible cost; ,! NOW, THEREFORE, I, ROBERT MIKES, as Mayor of the City of Dania, Florida, do hereby proclaim the week of May 13, 1991 , as UNITED WAY OF BROWARD COUNTY AWARENESS WEEK in the City of Dania and do hereby urge all our citizens to endorse and support the United Way of Broward County and the services it renders to the community and further urges all of out citizens to join in this community-wide observance. IN WITNESSES WHEREOF, I have hereunto set my hand and caused this seal to be afixed this 23rd day of April, 1991. I ROBERT A. MIKES , MAYOR ATTEST: %�1. .,C.Z� <i;. ,i�/,.fir.•�Z `City Clerk-Auditor i