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HomeMy WebLinkAbout1991-02-13 Regular City Commission Meeting Minutes and Agenda Y MINUTES DANIA CITY COMMTSSTON REGULAR MEETING FEBRUARY 13 , 1991 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor : Charles McElyea Vice Mayor: Bob Mikes ,Jean Cook Commissioners : Jean Grace ,John Bert.ino City Attorney : Frank Adler Manager : Robert F1aL1cY City clerk:Citylerk: Wanda Mullikin PRESENTATIONS el -Dania Rotary' t.l1ib pt e entatiota to l ; lla (Comm . A that sIIE 1.`- a Board IOellll?�'1 at l 11"���' Commissioner Grace tOen .'_"" the douati�,t ice; made t" Vlc "Q� for victory Villas and commented �n Villas by the Dania Rotary Club. c�t,-:.r� Club, pr osented a t nmcor Louis Geftner , Dania R dt;r T�' and 1 t VCR to Aictnr� Villa for ilae valuable uorl; they have done for tha handicap in the area . Presentation b} Commissioner CoOk Commissioner Cook pr eSr�lare0 Harrington Herr With a plaque recognizing his attr:ibntes as a humanitarian and poet lai.ueat;e �, the Cite of Dania . Harrington Herr stepped forward t" 0�:pr � s his appreciation for f this acknowledgement and read his P"em ir..ing published in the Dania Press for Valentines Day . Addendum tcilliam Winkelholz , Chairman of Dania Housing author" ! p orre�i that the rlos4.ti1 on the -4D unit project Mr .r . I<inkelholz re Prp tl ]c,rated near Dania Bea h "levard +td1 NV on the Mizell tY Jleted . He invited the Commission and 7th Avenue has been l- y F�>brnary at public to attend thr dedi� it i ' )n 'f chi pry je t publ p ut. He also mentioned that the pani1 }{ >usiug Authority e�' Ini-Zed meet , fat i,onal AF.ald ] n Mat " to this will b r project . . pt'I_LFD FROM COXSEST AGFNI)� ei- ,t ,;_tad item ! . 1 I,e lull led from the Cot�unis ;iotier Bertirr r . d Consent Agenda . 1 , CONSENT AGENDA City Attorney Adler read the following .items for Consent : Minutes 1 . 1 January 22 , 1991 regular meeting REGULAR MEETING 1 FEBRUARY 1.3, 1991 4- Resolutions 1 . 2 A resolution of the City of Dania approving dumpster screening design ; and providing for an effective date . 1 . 3 A resolution accepting and approving the construction work by Hardri.ves Company for NE 7th Avenue; confirming the special assessment roll ; directing the preparation of the improvement lien book; and providing for an effective date. Ordinances 1 . 5 An ordinance amending Section 27--17 , Article 11 , Chapter 27 of the Code of Ordinances of the City of. Dania to be entitled "Connection to Water System required when system is available" ; and providing for an effective date . 1 . 6 An ordinance amending Paragraph (b) of Section 6- 33 of the Code of Ordinances of. the City of Dania to include Owners of Businesses located within the CiLy of Dania ; and providing for an effective date. (Beach Parking Permits) Other 1 .7 Acceptance of certification from Broward County Canvassing Board of the City of Dania February 12„ 5 ^r 1991 , Primary Election results . 4 Addendum 1 . 8 Resolution of the City of Dania supporting the > location of a Major League Baseball Franchise in South Florida ; and providing for an effective date. A motion was made by Commissioner. Grace, seconded by t. Commissioner Cook to approve the Consent Agenda with the exception of. item 1 . 4 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes l Commissioner. Cook-yes Mayor McElyea- yes Commissioner Grace-yes PULLED FROM CONSENT AGENDA 1 . 4 A resolution of. the City of Dania , Florida, approving the Contract, between the City of Dania, and Sai-ler's Auto Salvage, Inc. relating to removal of white goods and/or scrap metals; and providing for an effective date . City Manager FlaLley explained that an ad was placed in several newspapers soliciting proposals to remove white goods and/or scrap metals from the City of Dania with no response and that other cities recommended Sailer ' s Auto Salvage, Inc. for this service. Mr . Flatley mentioned that this company :supplies the dumpster and that: the white goods have to be brought to a dumpster which will be located on Lhe Public Works compound. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to not take action on this resolutiop and direct: the City Manager to go out for ;sealed bids for the removal of white goods in the City. The moLi.on passed on the following roll call vote : Commissioner. Berti-no--yes Vice -Mayor Mikes-yes Commissioner Cook--yes Mayor MCElyea-yes Commissioner Grace--yer, REGULAR MESTTNG 2 FEBRUARY 13 , 1991 t t Y. ? , PROCLAMATIONS AI1DE\D1'`1 2 . 1 `1a�vr `1cElcea deCl .lrt•d the �,nnntlt )!acrh I �'31 dS "Liv'ing 1ce11 in Florida 'lrnirh" , 3 . BIDS -None 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 Pet ltinller/I)iGller - Frallroiso (30l ledll; pl���n?1"tV located it 140 Fleuthr: ra Iii'ivr_ (4r_eali 1Catc Lua� >1�Illile Houle Park) Publi _ Heainlg - AA-3O-clO - A valiance i raclLtested tr_I d110l thr 011li_LIU'tlnn � •f a r- dl"hf�rt With i f ' side vacd setbic}; ( 1 0 ' ,et h wk (continued fr,nn v 3ttel:rCv Adler infr)rmerl the Cnlnnn(:sic,n that: the petltlOnel' ha I �}r11IF'-`il , d alUitlwl" ':.mt lnLlallr`e nil this id n 1vi11 A11.r II T�'Sp611 fled 1 Al 'e A13VOr �11 i k e•`- r rail('ei'll that , � prinl to it-velar i n re of 1CIe peal l lr�l"I t ,)r ,\'al 19Ii'-'e , (il'ul. :h Mallag PmE"lit the Of I he property nwiler . ? X mutloli ;,is made bv r innui 51� Lnller L 1 i, r . I r.onded it .1 a rr)1111117Rloil el' G1n1; to , 1"It Inll�, 3S lY.cllla�tr)d l7A- s i1 Francoise P,rlileau rn fhe nest regal ar meeting lit 4 FFhrLlar 76 , 1991 . h.t 4, The motion passed on the fol10wing roll call. vote: Commissioner Bert Vice-Mayor Mikes-yes :i Md c)r Mc�Flyea -Yes Commissioner Cook- yes CommLssioner Grace-yes I ;es,:fllll 1 . 2 riry At- tin ue'_ Ad1( t he t l t le f )> reacting of all Oldinam e am,11cling Chapter LR r,f the Cud« 'I <_If O1"CI1I1 lnl.Pr; >f the Cil-V ,)f D,illi.i elltltli'd "Pensions and RPtlremPLit' to cllallge the amutult ( f firefighter ewplov"ee oOntril)Ilti„11S etfertiue Or'Cnber 1 , 39QO • vlike S;mitll , Personnel , elpldined that thin ?)"d l.11an� ( relat e3 to hall rcie Ill the p„li,"f & File n RetlYP_illt lit �IFst E,m IJ A' r't+l-Itl"ll lltlllg the addl.tl ,71'lal -l • t, ^ to tha pl.all ill `1,'-'� -I the iiargailling Agreement t'haI-' I:PIIt 11"I ter E'fleri (1r'ti,la r='i 1 r 1990 . dike SillI-Ill ,Gated that tlla Irdin��nr�F� i!�1 1 . 3 deal ;' with r hang(�s .in the Pool I' - & Fir Rol ii ement v stem plan tll '11a,lllo tht l.•illgllllq" rel l Il'iq I , dualifica`_ie�n to i'Iring i. t in Los l,il-h the Internal i?OVOIllle 1', 'd o Y0f(LI'LrPlil ri'II I. :- . pllh] i hearing , Huq. , Renda �Iel"�:,1 `Ir Ebel opened the I ^Il f t. IaIL ,_ L .. ., ill ' ll l' p r He irinr nc• fnl tiler 5ulith oil tll�, ordinanr dlan i J C C!Ill f1l rpllt � . tllc, 11\ ,-„ nrl thr- pl-Ihl. lc Irn °n ing . A moo io❑ was Illade laA" (. �-1111i17 .tisi.O!le J' ierl ill0 to, adl>pt_ till ,ICd 111 ill� P Oil SecOnd L"e({dl llg . Cit\ �lall,lgol tC+ lot: Mill know when he obtains inn3get prC,jer ti ms for the petit no v'earn lie ohta ' addll l0flai iliclPase t0 the Police pell.S:tc?Il Mall rPCIIU'3t ed by petit. Dania Pn1.7.re llf f i.CBI C41 . REGULAR MFFTiNG 3 FEBRUARY 13 , 1991.. I i N. The motion passed on the following rn] I call vote: Commissioner Bert:_inn-yes Vice--Mayor Mikes yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 3 city Attorney Adler real the title for second reading of an ordinance amending Chapter lA of the Coda of Ordinances entitled P nsinns and RoKrPment " lr' change the definition of average monthly earnings , add a definition of "Actuarial Equivalence" prohibit delaying a member ' s retirement benefit beyond the age of 70-1/2 , adding the limitations provided for in internal revenue code section 0 5 (d) expressing thc- intent to comply with section 114 (h) (2 ) of. the Internal Revenue Code, providing for extended contributions . Mayor McElyea opened the public hearing . Hearing no One speak in favor or opposition , the Mayor closed the public hearing . A motion Vas made by Commissioner Berth', s-conded bl Commissioner Cook to adopt this ordinance on second reading. The motion passed on the following roll call vote: - ' Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook- yes Mayor McElyea-yes Commissioner Grace-yes S 1 1 4 . 4 City Attorney Adler read the title of the j ordinance for second reading providing for the dedication of laud to be used for parks , passive or �. � active open space or recreational purposes ; proNi-ding a formula for dedication ; providing for payment of a fee in lieu of dedication; providing for the maximum total percentage of plat required for declicationt ; providing for credits for private parks , open space or recreational. purposes .and for regulations covering same ; providing for separability; providing for codification . Cook) City `tanager Flatlej mentioned that in accordance with Dania ' s Comprehensive Plan that some of the parts of the formula in the ordinance have to he changed anti/or upgraded relating to land not necessarily dollar and cent requirements . A motion was made by Commissioner C -ok , seconded by Commissioner Grace to continue second reading of this ordiinanca until February aG , 1991 . The motion passed on the following roll call vote: Commissioner Bert:ino-yes Vice -Mayor Mikes -yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace yes 1 . 5 City Attorney .Adler read the title of the ordinance for second rFadi ng amending Section 5 . 14 of Chapter 28 of the rude of Ordinances by adding a subsection (0) thereto iO provide regulations For the screening of dumpsters . (Comm . Grace) Commissioner Grace mentioned that she viewed dumpster facilities used in ether cities in an effort to come up with requirements and designs for net: businesses in Dania . REGULAR MEETING 4 FEBRUARY 13, 1991 1 Ci tv Manager Flatlet mentioned that f 11- ,,,)list i ucred in axawpla "t this dumpster design l ,cat ed behind City Hall . Will Allen , Growth Manag-ment Direct"r , -"mmpntod that this will involve new businesses and major additinns to existing business to ensure they have adequate screening of their 01IMPOtL facilities . Mr . Allen described the design as a masonry wall 15" above the dumpster itself with a gain "n the (rout- for garbage collection access . The Commission discussed the use of masonri or wo,,d material for the dumpster facilities and the possibility of giving the owners an option of using wood or masonry due to masonry being more expensive . Mayor McElyea opened the public hearing . After responding to Fred Higg ' s questions on this ordinance , and hearing no further comments , the Mayor closed the public hearing. The Commission agreed to continue with the masonry material requirement for the dumpster facilities and if a business wishes to use anther material , they would have tc proceed through the variance process . A motion was made by Commissioner Grace, seconded by Commissioner Cook to approve this ordinance on second reading . The motion passed on the following roll call vote: 'A Commissioner Bertino-yes Vice-Mayor Mikes-yes 11 Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5. SITE PLANS 5. 1 Request to revise Publix site plan to include a wider exit onto SE N Street . Mayor McElyea mentioned that the Commission agreed to a 35 ' entrance to the P"bliN site plan and that somehow , they constructed a 4n , entrance. . Will Allen , Growth Management Director, stated that the actual opening was just under- 40 ' and that they were notified that it didn ' t comply with the Code . Mr . ii Allen responded to Mayor AcElyea by slating that the City does not do the inspection prior to the concrete being poured . Mayor NrElyea mentioned that theA ha% o putt up clirhing that extends approximately 3 ' on one Pile and 2 . 5 ' oil the other sido . Mr . Allen mentioned that the site plan was approve(] with a 35 ' exit only onto SE 14 Street and that the wall was shown on the plan as having a wider opening with some setback. Mr . Allen stated that in order for PubliN to Obtain a cortiEwdf-P of oconpdrocy , signs will, have to be put up indicating "EXTT nNLY" . Vice Mayor Mikes reminded the Commission that he thought the Commission required shrubbery along the Vd11 as a condition to the site plan to deter graffiti . Vice Mayor likes requested Will Allen to research the minutes on the site plan appr-val in ensure the site plan was revised with the shrubbery along the wall . REGULAR MEETING 5 FEBRUARY 13 , 1991 Will Allen stol PO that lie u, oild whe-K ink , this . A motion was mado by Oce Moy-r Nikon , secand,d h-, commi ss i oner Grdco h , '' MI i Oita t h i s iss's. the next regular meeting Q Febyuaty 26 . The motion passed on the following roll call vote: Commissioner Bertdno-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 6 . EXPENDITURE REQUESTS 6 . 1 Request approval to expand 1;9, 231 , 87 from the law Enforcement Trust Fund to purchase one 1991 Ford Ranger with light bar and rotating light for parking meter enforcement . City Manager Flatloy mentitmod that he has obtained confirmation from Hsn that the S9 , 31 . R7 is statc, bld price for the pin chase of this Ford Ranger . A motion was made by Commissioner Cook , seconded by Commissioner Berl ino t" appr"ve the uNpeKiture of $9 , 231 . 87 from the Law Enforcement Trust Fund to purchase one 1091 Ford Ranger with light bar and rotating light for parking meter enforcement . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea--yes Commissioner Grace-yes cc ADDENDUM 6 . 2 Request approval of emergency expenditure to repair two culverts on NW 14 Avenrie . City Manager Flatloy reported that this emergenry expenditure was necessary for the repair of two bridge,.,* on NW 14 Avenito and that the onst should not exceed $16 , 000 . A motion was made by Comm i ssiorjej- BPrtilln , seconded by commissioner Cook to af)f1ro% P this emergency expenditure . The motion passed on the following roll call vote: Commissioner Bet-Lino-yes Vice-Mayor Mikes-yes Commissioner Cook- yes Mayor McElyea-yes Commissioner Grace-yes 7 . DISCUSSION 7 . 1 Oi.soussLou of placing American flags 0 -wriwol in support of the American troops in the Middle East , (Comm. Berlin") A moL! "n on made by Ccamissinner Borlilmq seconded by Ciamissinner rook to place American Flags along Federal Highwmy Poch morning and 0) them l,ojjj()\ od each evening along with maintaining fellow r.ihholls that arr� being placod on trews . Faye Bartelmes expressed her concerns for the cleanup in the downtown area . The motion passed unanim(msly . REGULAR MEETING 6 FEBRUARY 13, 1991 4. 7 , 2 Pleliminar sm"ko -free poly l ,, toward establishi, I for al] City buildings , Wollwl . Commi "S1011er Cook Mentioned that the City Of Fr . Lauderdale has established . sm''ke-free policy and informed the C...j, , sl"n that Dania has estahlished a task force made up Of smokers , smokers . non-smokers and ex- A motion was made N Commissioner rook, Commissioner Grace seconded Liv all city establish a smoke-free The motion Passed on the following roll call vote: Commissioner Bertino-yes Commissioner Cook-yes Vice-Mayor Mikes-yes Commissioner Grace -yes Mayor McElyea-yes 7. 3 Request by Dania Economic Development Corporation to Modify Special warranty Deed r Pointeproject . egarding Byrd Pointe City Attorney Adler stated that the Dania EcnnnMi(-. Development Corporati(:)u has requested Dania the Special Warranty need to modify dated ?"rch 6 , 1989, relating to the IDI-Opoorty reverting Attornev Adler le.........to the CitY Of. Dania . Cite Prepared as each lot is r that indiNidual, t,olpaso_s - ready be befule the commission for dpprto close to he hirnught oxal . 0 A motion was mae bv o'"M missioner rook , Commissi( ner Grace by appr,,, sec onded by Stipulat this request as ed hY Citi Attorne� Adler. The motion Passed on the Following roll call vote : Commissioner Bertino-yes Comm Vice-Mayor Mikes-yes-yes Commissioner Cook-yes Mayor McElyea_yes Commissioner Grace-yes APPOINTMENTS 8 . 1 Appointment;, to Human Relati".. Board . from 1/22/9J) (Continued City Attorney Mentioned that UP has re,, ised the resolution to include three per Commissioner and f , (3) member app,,)intm,,ts hat tht, 1t prepared t this tune . is nor A motion was made by Commissioner srace to c sx"")nded h% HLIPlan Relations Beard tontinue the appoilltments to t-he February 26 , 1991 , the noxt of 8 . 2 Appointment f The motion Passed unanim I ouslv. voting delegate nr"""] fn)ullt% Lodgue, of Cities and alternate , The Commiss I*On allvood to Rd ' ! until after the Gener,il Election on March 12 t , BrOward Wine f Cj , j ,,make the demignations to tho ag ue Commissio in the event there are new ners elected . 9 . CITIZENS , COMMENTS - None 10. ADMINISTRATIVE REPORTS 10 . 1 City manager 10 . 1 , 1 Dania , ; tell- Alone book ing program fr,l1l 3/4/91 thru 4012/91 . REGULAR MEETING 7 FEBRUARY 13, 1997 city MdNagpi: Flatley meni i -nod that t 11, Q ;U11t ; has asked Dania 1­,: pdrtiadnate in the 1-0-14 lig ­f telephone books and stated that containers will W placed at Frost and Modullo Park from 3/4/gal thiii -1/ 12/91 for 10 . 1 . 2 Left-turn trdffiC signal phaso t" ho installed at Griffin Road and Perimeter Road intersection . City Manager Flatley reported that the left- turn traffic signal has been approved b, the Department of Transportation at the intersection of State Road R18 and Perimeter Road . 10 , 2 City Attorney - No Comments COMMISSION COMMENTS 11 . 1 Commissioner Bertino Commissioner Bertino reminded City, Manager Flatley of the need for street lights at Byrd Point . Commissioner Bertino reminded the public of the Dania Lion ' s Club One-Ton Tug being held at Dania Beach an February 16 . City Manager updated Commissioner Berlin" on the Tigertail Lake Park property by stating that there is a land use request being reviewed by the State at this time . Commissioner Bertino stated that he feels anj money that transfers to the County on the difference between those properties and the developers purchase price should go to Dania . Commissioner Bertino recommended the parvol of land near Treasure Cove Villas on 27th Avenue as an excellent park site to develop in eNrhanglp for the Tigertail Lake Park- site . Commissioner Bertino witimended City Manager Flatley on li his efforts in obtaining the turn light at Perimeter Road . He also suggested Mr . Flatley look into the need for a crossing light on the ivDrtherii wall opening in this area . City Manager. Flat1p; stated that he has new plans on this area and would like to review them and I-ePOU( back to the Caniissi"n . Mr . Flatley responded to Commissioner Bertin" ' s request.: on flowers in the dowul "wn area by informing him that flowers are being put in the planter boxes around thp trees downtown tomorrow. I1 . 2 Cnttuiri.ss ioner Conk Commissioner Cook suggested d rally in support of the troops at the T . T. Parker Center . A motion was made by Commissioner Bertino, seconded by Commissioner Cook to waive the fees at the T . T. Parker Center to hold a rally on behalf of the troops in the middle east . The motion passed unanjim)usly . REGULAR MEETING 8 FEBRUARY 13, 1991 Ciro `tanager FlaI I repnrteld m t I ,'j)lIlt lit Phase I fi,i Dania B,wh PI t I- ,in(] io�nt iopk,d t ljil 1 h, I S a 1 Ill. 1:3 t I t r , -)r i-h -- g!,, (')I!v f I d f landscaping needs . C(mk I eqlp.'9t t-d ef 1")1 ka*i()p IDe .,,.hodulod III clascuss Of 1-)all jlIg feIIS it the (.()nimi-;sinner CIvA r eques,t ed J jilpr,I\ lf I I i!dl picklip in the City and Mr . Flatlet' reminded Conlmis.;inljeJ' C,.)(-)F: of the recent (-)iclinanop that i<as arloptt-d regarding nc)tices being sent out On the montPlly Pjckkll-1 'If ]Ill " items . Collilllis-;iollpr Co")k reqllpsle(l >lr . Flatlet, ha\ - Code Enf(-)r(­erilejit Officers ohp(-k- back yards and 'iTIC-v-q in the southwost al „,i f,)I- fl-a:fll lint bt7lillg picked lip and tc) work with the Cncle Fnf-r(-tement in the iiewl\ anrie-<ecl area lCest (If tilt-, Cif 11. . 3 Cc)i1mil1ssioller ("Laro C()IlI1llis510llP1 (;Iaor- 111ollt J ,llod till- (If file GI-eat American Circus that was held on Febi uary 11 and i11� . Commissioner I ep')I torl that the Hahi tat for filililalld has completed anotliei, borne I (wa t c-d on 31 d Street and I 3 f 1) A% f-,i i L i e a I I d that: I I j I,o P i it, -I P I i()ill os lClli lie conqtriv,ted under this Program. C,c)Ill Ill i ss I c)I I e 1, (i I a expressed hor 11 fI)u tlje ] a(-I,-, of attention paid to the flashing 1j(1hi-S at (�oll ills Elementary and rpcllit-srod t-lial ick-li t i - 'Ilal jwli,,e Patrol the area f,-,t C C-t III In iss i I-)I I e I ( rite)' a 1.s c) real i e;;t It d {dill Alen t, k into the street lights llf-eOpcl at Byrd Point . City Manager Flatlet' mentioned thai the (wder is in kith FPL. c)i,(J that it takes t iiiie to complete the survey w c)I-k required . lie t It od I-hat ho i,(Ill I d a t t epipL h ) obtain a time table tI, bring I)a(-,k to the Commission on re(Im'st it Comm i "Siollec (_" Ijl(Jj at Ill at ecI the "alldidatos. whk) made it through the Primary Election and ;,islied them good luck . 11 . -1 \ I ce Na-, ,I- N i k e V 1 '(2 %la\ Ill: Nlikos w py('s s t'd I J)p reciari ,ui I the Brp lCard C()l I it t\ Di-I ega( i oll and Id several individuals f,-,I, their yp.spon'�, to Flail i a s t ikm t i,Ill I i_'l at i jig I tilt- ­:pams lc,ll , '1 thi, a I I'l" o t . V i I`P %la% , 'r \1 i kes C ; I \ >tiniyei Flit r)htaln I of orillat i(-)n F -(. 11 13,11(1 ' Ill ldw It f_c,nk- sc) lI,)]Ig t­(.) resp(:)j1d to a burglary in Cho \le I -i I Ga I 1('I is area I (well t I v Vi (.p %la\-or Nt i k,, t,a t PCI titAlf t„ I,­,k J 1)t'7 the t"1,S ,,f ita\ i jig a a Ill)I,a i rI,i i n the rigertij i i akp Park property to be lisi'd f,-I iley)tial- i('11s in the [it f ill e He I I s.) rep,)I t od that the ("toollholt pl ,)jP('t J cooling along real wwwl and 11 t110 grand ,)I e it i I I g is be held Fohl-mat \ ?1 . Vi-e %la\ , r %lihos wq_)rPssPd llis for I I oo!; that t: die soon after being II all t ed and the need to have a guarantee f rojil rill' SlIPPI i e r . Ho a-1 so !;IlgcJls I od t , ) (-her-K the guarantee on t 11 P landscaping being (I- Ill I, f C'i t lit- Dania Beach P-I I,K REGULAR MEETING 9 FEBRUARY 13, 1997 Srcomc � lav, I (j C III ad I I I�j I hil i ]d i II(J i I I t he 11 Cl*ardeij�i area City F] 11 fol Illod (,f) %la v( 1, `like, that It j 1)f A)t 11(i b Lds On the I lso filings to he installed at (,,,jrcjejjs to bring back to the Coillillissif-111 and that he oxpeors tho permits soon . I I - 5 Nay or \IcEl vea turned h [s time c)\*c-!,- tr, the following citizens cororliplits : Discussion followed l<itil IDP991, T, �nilill.qorj , American Legion Post 30.4 , on the date to ji(-)ld the rally for the t):.(_)()PS in the Illicicilf- east ON Nlu,,_,h 7 at 7 : 30 p.m. . Nike Smith, Personnel Director, (-(:)Ilfjrnl _-cl that the date Of �Iaroh 71-h was a\-ai jal-)Ie fol- the I .T. Parker renter . Peggy T(-.)ii)lijlsc)il ga\-t j t presentation on the Ci t\ ' s, needto support -lie troops ill fllo plidillo oa.,7't ,-old ntentictiaed that site will Cnjjjp back- f -" t1le r4mNiRs lC,i1 on additioilal things that the citycan (I() in SUPPOI-t of the troops . Faye Ba r tel ifle.s c()Inpl a i Ile(j al)()Ij t fl]c� IOLIJ I[Il_Iqjc from the Youth Center noal.- the 2.100 J)lK_ Of G'I'eell Street wilirl, is ill the City ofHollywood but can be heard at her residence . 4 1 Sho requestedanc:e in resohring this problem as her attempts With H(-)ll.vwoo(j have been :16 This regular cc)fljIjlissjC)I) meeting was then adjotil,iled CITY CLERK--AUDTTOR REGULAR MEETING 10 FEBRUARY 13, 1991 N AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 13, 1991 8:00 P.M. INVOCATION ROLL CALL PRESENTATIONS * Dania Rotary Club presentation to Victory Villas (Comm. Grace) * Presentation by Commissioner Cook 1. CONSENT AGENDA Minutes 1 . 1 January 22, regular meeting , Resolutions 1 . 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING DUMPSTER SCREENING DESIGN; AND PROVIDING FOR AN EFFECTIVE DATE . " (Comm. Grace) 1` 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING AND APPROVING THE CONSTRUCTION WORK BY HARDRIVES COMPANY FOR NE 7TH AVENUE; CONFIRMING THE SPECIAL ASSESSMENT ROLL; DIRECTING THE PREPARATION OF THE IMPROVEMENT LIEN BOOK; AND PROVIDING FOR AN ? EFFECTIVE DATE. 9 ' c 1 .4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CONTRACT BETWEEN THE CITY OF DANIA, AND SAILER'S AUTO SALVAGE, INC. , RELATING TO REMOVAL OF WHITE GOODS AND/OR SCRAP METALS; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1 . 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-17, ARTICLE II , CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO BE ENTITLED "CONNECTION TO WATER SYSTEM REQUIRED WHEN SYSTEM IS AVAILABLE" ; 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. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO INCLUDE OWNERS OF BUSINESSES LOCATED WITHIN THE CITY OF DANIA; 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. " (Beach Parking Permits) (Comm. Cook) Other 1 .7 Acceptance of certification from Broward County Canvassing Board of City of Dania February 12 , 1991 , Primary Election results. 1 4. 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS (final readings) 4. 1 Petitioner/Owner - Francoise Boileau; property located at 140 Eleuthera Drive (Ocean Waterway Mobile Home Park) Public Hearing - VA-30-90 - A variance is requested to allow the construction of a carport with a 6 ' side yard setback ( 10 , setback is required) . (continued from 1/22/91) 4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO CHANGE THE AMOUNT OF FIREFIGHTER EMPLOYEE CONTRIBUTIONS EFFECTIVE OCTOBER 1 , 1990, PROVIDING THAT ALL .ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO CHANGE THE DEFINITION OF AVERAGE MONTHLY EARNINGS, ADD A DEFINITION OF "ACTUARIAL EQUIVALENCE" lot PROHIBIT DELAYING A MEMBER'S RETIREMENT BENEFIT BEYOND THE AGE 1' OF 70-1/2, ADDING THE LIMITATIONS PROVIDED FOR IN INTERNAL REVENUE CODE SECTION 414 (h) ( 2)IOOF4 THE d)INTERNAL IREVENUE NG THE ICODE,NTENT TROVI INGO COMPLYWFITH OR EXTENDED CONTRIBUTIONS, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. " :1 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE DEDICATION OF LAND TO BE USED FOR PARKS, PASSIVE, OR ACTIVE OPEN SPACE OR RECREATIONAL PURPOSES; PROVIDING A FORMULA FOR DEDICA- TION; PROVIDING FOR PAYMENT OF A FEE IN LIEU OF DEDICATION; PROVIDING FOR THE MAXIMUM TOTAL PERCENTAGE OF PLAT REQUIRED FOR DEDICATION; PROVIDING FOR CREDITS FOR PRIVATE PARKS , OPEN SPACE OR RECREATIONAL PURPOSES AND FOR REGULATIONS COVERING SAME; PROVIDING FOR SEPARABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Comm. Cook) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 5.44 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA BY ADDING A SUBSECTION (e) THERETO TO PROVIDE REGULATIONS FOR THE SCREENING OF DUMPSTERS; 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. " ,. (Comm. Grace) 2 4 4. 1 5. SITE PLANS plan to include a wider exit onto 5. 1 Request to revise Publix site SE 14 Street. 6 . EXPENDITURE REQUESTS end $9 , 231 .87 from the Law Enforcement 6. 1 Request approval to expend Ranger with light bar and Trust Fund to purchase one 1991 Ford rotating light for parking meter enforcement. 7. DISCUSSION ican flags downtown in support of the 7 . 1 Discussion of placing Amer American troops in the Middle East. (Comm. Bertino 7 .2 Preliminary discussion toward establishing a smoke-free policy for all City buildings. (Comm. Cook) 7.3 Request by Dania Economic Development Corporate ecto n t modify �y Special Warranty Deed regarding Byrd Pointe p J M 8 . APPOINTMENTS i 8. 1 Appointments to Human Relations Board. (continued from 1/22) "l. Cities voting delegate an 8.2 Appointment of Broward County League of alternate. 9 . CITIZENS' COMMENTS - Comments by Dania citizens or interested parties j 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 ( ts of any nature will be responded 4th) Monday of each month. Commen to by the office of the City Manager• In the willebe ask theaddress remains unresolved , the citizen( s) or party the City Commission during the meeting . 10. ADMINISTRATIVE REPORTS 10. 1 City Manager lingram from 3/4/91 thru 10. 1 . 1 Dania' s telephone book recyc program 4/12/91 10. 1. 2 Left-turn traffic signal phase to be installed at Griffin Road and Perimeter Road intersection. 10. 2 City Attorney 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 . 2 Commissioner Cook 11 . 3 Commissioner Grace 11 . 4 Vice Mayor Mikes 11 . 5 Mayor Mc Elyea ILL NEED A ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RECORD EOF THE PROCEEDINGS, AND ANY MATTER DFOR EREDSUCH AT TPURPOSE HIS TMAY NEEDING OR TONENSUG W RE THAT A VERBATIMAND EVIDENCE RECORD FUPTHE ON WH OCH THE CEEDINGAPPEAL ISS IS E TOHIC BEH BASEDRD INCLUDES THE TESTI- 3 1 ! ADDENDUM DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 13, 1991 PRESENTATIONS (continued) * William Winkelholz, Chairman of Dania Housing Authority 1 . CONSENT AGENDA (continued) 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, SUPPORTING THE LOCATION OF A MAJOR LEAGUE BASEBALL FRANCHISE IN SOUTH FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS 2. 1 Living Well in Florida Month - March, 1991 6. EXPENDITURES (continued) 6. 2 Request approval of emergency expenditure to repair two culverts on NW 14 Avenue . i i I� MTNUTFS DANIA CITY COMMISSION' WORKSHOP MEETIN(; FEBRUARY 6 , 1991 ROLL CALL: Present : Mayor: Charles McElyea Vice Mayor : Bob Mikes Commissioners : Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley City Clerk : Wanda Mullikin 1 . Port Everglades AIA Connector Roadways Study will be explained by Gene Lozano, Project Manager for that study. Gene Lozano, Department of Transportation, explained that the County is negotiating, at this time, to do a project development and environment study with regards to the Port Connector Roadway . Mr . Lozano informed the Commission that this preliminary study will present the project in segments and felt that further data is needed before he can respond to Dania ' s concerns on this project . Mr . Lozano stressed the County ' s position to attempt to obtain public input prior to constructing this road. Jay Fields : President of C .A. R . E . and on behalf of the newly annexation area , expressed his opposition to the construction of this road by the Department of Transportation . Vice Mayor Mikes reminded Mr. Lozano that Dania passed a resolution opposing this project sometime ago and suggested DOT use the funds allocated for this road on more acceptable projects in the County . Commissioner Cook expressed her opposition to the County using taxpayer ' s monies to conduct a study on the road project prior to obtaining agreement with Dania and area residents . Mr. Lozano stated that he felt this project will. benefit the areas surrounding Port Everglades , Hollywood and Dania and mentioned that Barbara Sarff , DOT, and a Mr . Wilson with the Metropolitan Planning Organization, could he contacted for further information On the origin of the project . Commissioner BertWo mentioned that he would contact Senator Forman and Chiles for further information on this project . Vice Mayor Miles Hxpressed his understanding that the recommendations to construct this road have come from a group of business people who will benefit and didn ' t feel these people ' s decisions should override City elected officials who have hold public hearings on this issue. Commissioner Grace requested Mr . Lozano report back to his superiors on Dania ' s opposition to this project and reminded him that Dania is prepared to extend all legal alternatives available to oppose this project . WORKSHOP MEETING 1. FEBRUARY (), 1991 Dania citizens askod questions i,f MI . I expressed apposition to the p] ''t . Mr . Lozano stated that after the :;! imly is romplt,t pd fol this project , it will he taken I " the United sates Federal Highway Adminiarr.-ttinyll fnr review. Mr . Fields questioned Mr . Lozano as to Yhother there is any connection with the construction of this project and the Airport South Runway Expanstnn py"jort that Dania is opposing. Mr . Lozano responded Vo Mr . Fields by stating that the two projects are completely se-ipar,:atp . Mr. Lozano answered Commissioner BerLinn ' s request regarding the time frame for the project by explaining that the study should take 27 months to complete and that it should start the end of Fehruary or beginning of March . Discussion followed regarding thO study rusting around a million dollars . Mr . Lozano agreed to send fllulia n111 flow charts available now and in the future on the timing of the project . Discussion continued on different alternatives for traffic control from the proposed convention center in the Ft . Lauderdale area thru Dania to Holly-vand . Commissioner Bertino requested to include Federal Highway as an alternative for Connector' R(-)adways Study. the POut EvOrglades AIA J 2. Amendment to Police/Fire Retirement Plan A) Collective Bargaining Agreement Implementation B) IRS Tax Qualifications Mike Smith , Personnel Director , at)(,, Marie Jabalee, Finance Director, were present to explain and answer Commission concerns on the proposed ordinances regarding the Collective Bargaining Agreement Implementation and IRS Tax Qualifications as they apply to the Police/Fire Retirement Plan . 3. Mr. D's (now Roy's) Car Wash at 501 Stirling Road. Will Allen , Growth Management Director , informed the Commission that his department sent out notices to residents affected by Mr . D ' s Car Wash to inform thp,,, of this meeting tonight so the\? would have an (-)PP0rtUl-lity' to ON[)resc their ClISSatiSfaction . Mr. Allen eNplained that a special exreption an the land for Mr . D ' s for the operation of a (,-a,,- wash has granted July of 1982 and that a condition to the approval was to provide a fence along the snuti, property line . Mr . Allen stated that Roy' s Fish Market has an occupational license rurrpntly for the hand car wash which is not operating at this time . The problems in the past have caused a wenacp to residents in the area when the property was used for staring large tucks . A citizen came forward to request that the "wnpu n,t he djInWed to put tractor traileis , boat materials , pi] es of lose dirt , a trash hauling husiness and any storage on the property, She requested an explanation on why the hand car wash was quandfathered in : Luce hand washes are not allowed in Dania . She also requested that cars not be allowed to come in and out of the car wash when the car hash is not open for business . WORKSHOP MEETING 2 FEBRUARY 6 , 1991 The �d that a -ha i 11 1 i a I "In'" be looked at Whb whim the ("11' to deter traffic in Ihs- area . City Attorney Adler explained that this exception could he removed if the owner ihandnns thy' business for siN months . Mi . Adler stated that the city would have to prove that the owner is "nstitutin(I a public nuisance in order to have grounds to remov,7, the Special exception . The commission discussed the need to add a two year review to special escePti"ns SO that.- if the owner is not complying with rnnilitions to the approval , the Commission can deny thy request . The commission agreed that Roy ' s Fish Market is in accordance with all legal requirements as long as Its 110-SuS to tit" b"sine's in use . 4 . Beach permits for citizens with vehicles registered in a company name . Commissioner Cook requested to amend the beach sticker ordinance to include citizens with vehicles registered in a company name . Discussion then Followed regarding restrictions ghat would be applied to obtaining the beach sticker . Vice Mayor mikes suggested that this Hmondn'0111- include Dania businesses Only and that each business will only be allowed One sticker . After further discussion , Vice Mayor mikes expressed the need t " stop amending this ordinance as it becomes an administrative nightmare rot city staff to enforce each change . The Commissinn agreed to amend the ordinance to include one sticker per business and to place first reading Of the ordinance for the February 13 meeting . The requirements will include an occupational license for the business in the City and a hl(-itor Volliol ' registration in the Company name . ADDENDUM 5. Rev:[siLjng the plugging of the Meadowbrook storm drains on Se 11 Terrace as approved at the January 8 , 1993 , City Commission meeting. (Comm. Bertino) commissioner Bertino stated that the meadowbrook condominium representatives have advised him that they now do not wish to be cut Off from) fresh water flowing into their lakes as there would he salt build up without fresh water . commissioner Bertino mentioned that Meadowbrnok has rpqupsted to install a baffle on SE 11 Terrace, and not plug it off , to cut down On pollutants and dohris from going into the lakes . DunWindham, Berry & Calvin , rewindad the commission that three baffiez have already been installed on SE LO Street and that three baffles could be installed ran SF 11 Terrace in accordance wilh the permit that was issued for this drainage problem. Vice Major Mikes Suggested to obtain writ- ten approval from the Condominium in an effort to confirm -9 definitive plan for this drainage problem and stated that the approval should come from the Board of Directors Of the condominiums . Commissioner Bertino mentioned that he would approach the Board Members of the rondominimms and explain that the City wishes a written request from them. WORKSHOP MEETING 3 FEBRUARY 0 , 1.991 4. This workshop ijipatjjjg r,as then adjourned . MAYOR-(70NPjjs; _ . FR CITY CLERF-AUDITOR WORKqHOP MEETING 9 FEBRUARY 6 , 1991