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HomeMy WebLinkAbout1991-01-22 Regular City Commission Meeting Minutes and Agenda MINUTES DANiA CITY COMMISSION REGULAR MEETING JANUARY 22 , 1991. INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE 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 PRESENTATIONS *Resolution in support of the .American effort to liberate Kuwait: Presenter: Irving Warman Mr. Irving Warman stepped forward to make a presentation against .; local area protesters who expressed opposition to the war effort against Iraq and requested adoption of this resolution supporting the American effort to liberate Kuwait . *Presentations (Comm. Cook) j Commissioner Cook requested City Attorney Adler read the resolution in support of the American effort to liberate Kuwait . f, A motion was made by Commissioner Cook, seconded by Commissioner ,.' Bertino to adopt this resolution . 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 y 'B. S .O. District Commander ' s Report I Captain Carney, District Commander, explained the details surrounding the first homicide that has taken place in the City this year and reported that there have been 9 arrests made for auto theft in the Meadowbrook Lakes area . it Captain Carnet- mentioned the annual Pig Bowl sponsored by Broward Sheriff ' s Office scheduled February 16 at Lockhart Stadium and informed the public that tickets are $5. 00 each . John Bruckner commended BSO on the arrests that have been made for the auto thefts that have taken place in the Meadowbrook Lakes area . PULLED FROM CONSENT AGENDA Commissioner Grace requested to remove item 1 . 6 and Vice Mayor Mikes requested item 1 . 7 , 1 . 8 and 1 . 9 from the Consent agenda . REGULAR MEETING 1 JANUARY 22, 1991 1 i 4i 1 . CONSENT AGENDA City .attorney Adler read the f�,llnwi.ng Consent Agenda items : Minutes 1 . 1 November 29 , 1991 , workshop meeting 1 . 2 January 8 , 1991 , workshop meeting 1 . 3 January 8 , 1991 , regular meeting Bills 1 . 4 Approval of bills paid in November, 1.990. Resolutions 1 . 5 Resolution of the City of Dania, Florida, increasing its General Fund Budget for the fiscal year, 1990-91 , from $1.0 , 539 , 960 to $10 , 579, 460 . 1 . 10 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 dedication; 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. (Comm. Cook) 1 . 11 An ordinance of the City of Dania , Florida amending Section 5 . 44 of Chapter 28 of the Code of � u ordinances of the City of Dania by adding a Subsection t s (e) thereto to provide regulations for the screening of y dumpsters. 4, A motion was made by Commissioner Cook, seconded by It Commissioner Grace to approve the consent agenda . 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 ITEMS PULLED FROM CONSENT AGENDA 1 .6 A resolution designating inspectors and clerks to serve as officers in the Primary Election to be held on Tuesday the 12th day of February, 1991 , and the General Election to be held on Tuesday the 12th day of March, 1991 . I,! Wanda Mullikin, City Clerk, explained that this resolution confirms the appointments of the poll workers who will be working at the individual precincts for the upcoming Primary and General elections. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this resolution. 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 1 .7 A resolution of the City of Dania , Florida , approving agreement for Consulting Engineering and Surveying services between the City of Dania and Berry & Calvin, Inc. ; and authorizing the appropriate City Officials to execute said agreement; and providing for an effective date. REGULAR MEETING 2 JANUARY 2.2, 1991 i i 4- Vice Mayor Mikes requested amendment to item 4 in the Engineering Agreement regarding Ownership of Drawings" to add that City shall have the right to use the Engineering Plans . John Calvin, Berry & Calvin, explained that this paragraph is in the agreement because these plans are specific and cannot be used over again and that his company is liable. Mr. Calvin agreed to amend the agreement by giving the City the right to use the Engineering Plans . A motion was made by Vice Mayor Mikes, seconded by Commissioner Cook to approve the resolution with the amendment to Item 4 to give the City the right to reproduction and use of City of Dania Engineering Plans. 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 Ordinances 1 . 8 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 e a definition of "Actuarial Equivalence prohibit delaying a member' s retirement benefit behond the age i of 70 1/2, adding the limitations provided for in ) � Internal Revenue Code Section 415 (d) expressing the intent to comply with Section 414 (h) (2) of the Internal _J Revenue Code, providing for extended contributions . Vice Mayor Mikes requested as a matter of policy to have all pension ordinances workshopped prior to final reading. I � City Manager Flatley stated that a workshop can be scheduled to review this ordinance prior to second reading. A motion was made by Vice Mayor. Mikes , seconded by Commissioner Bertino to adopt this ordinance on first 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 1 .9 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 . Vice Mayor Mikes requested that this ordinance be workshopped prior to second and final reading. A motion was made by Vice Mayor Mikes, seconded by Commissioner Grace to adopt this ordinance on first reading. REGULAR MEETING 3 JANUARY 22, 1991 1 i Commissioner Cook questioned as to whether this change had already been approved in the Collective Bargaining Agreement approved two years ago and :if this change is just a housekeeping procedure. City Attorney Adler stated that he thought Commissioner Cook was correct in her interpretation but felt there was time to workshop the ordinance prior to adoption. Vice Mayor Mikes requested that the Finance Director be present at the workshop meeting to discuss the two pension ordinances . 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 2 PROCLAMATIONS -- NONE 3. BIDS - NONE 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 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 1/8/91 ) y 1 R { City :Attorney Adler stated that the petitioner for this variance has requested a continuance to the next G regular meeting . , l A motion was made by Commissioner Bertino, seconded by Commissioner Cook to continue variance (VA-30-90) as requested by Francoise Boileau to the nest regular meeting of February 13 , 1991 . The motion passed unanimously. j 4 . 2 An Ordinance of the City of Dania , Florida , amending Section 13-69 (g) of Article IV of Chapter 13 of the Code of Ordinances relating to regular trash pickups . City Manager Flatley explained that this ordinance was requested in order for the City to be more specific regarding the once a month hard junk pickup times in the City. Mr . Flatley proposes a letter be sent to each homeowner which has a specific weekend date each month for residents to put their trash out for pickup. Mr. Flatley stated that individuals who do not follow these instructions would then be sited . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Grace , seconded by Commissioner Cook to adopt this ordinance on second and final reading . Addendum 4 . 3 An ordinance of the City of Dania , Florida , calling a referendum election on March 12 , 1991 , on the proposed amendment to Section 3 , Article 1 of Part II of the Charter of the City of Dania , relating to the number of consecutive terms a Commissioner can hold office; prescribing the form of ballot ; directing the REGULAR MEETING 4 JANUARY 22 , 1991 N. advertising of such election; and providing for an effective date . Vice Mayor Mikes explained the purpose of this ordinance !could allow the public to rote on whether or not there would be a consecutive three term ( 12 Fears) limit for a City Commissioner to hold office . Vice Mayor )likes stated that this would open up the elective process and allow new people an easier opportunity to run for elective office. Mayor McElyea opened the public hearing. Mr. Tim Mcleod expressed his approval of this ordinance and suggested to limit this to even two consecutive terms (8 years) . Mr. John Bruckner expressed his approval to limit the consecutive terms allowed . Mr. Al. Spies stepped forward to express opposition and Peggy Br.eeschoten commented that this situation is handled thru the voting process and didn ' t feel a need for restricting the terms of office. Hugo Renda expressed approval and Jay Fields commented on current legislature regarding this issue. Hearing no further comments , the Mayor closed the public hearing . Commissioner Grace commented that the reason candidates are re-elected over and over again is obviously because they are serving their City well and felt the voting process decides on whether the public will vote these - ' individuals back into office several times. a A motion was made by Commissioner Grace, seconded by Commissioner Cook to deny adoption of this ordinance. Mayor McElyea stated that past Mayors and Commissioners who have served the City for several years have accomplished a lot of good things for the City and _ didn' t feel there should be a term restriction. The motion passed on the following roll call vote: Commissioner Bertino-no Vice-Mayor Mikes-no N Commissioner. Cook-yes Mayor McElyea-yes Commissioner Grace-yes i 5. SITE PLANS - NONE 6. EXPENDITURE REQUESTS 6 . 1 Construction of NE 7 Avenue/Taylor Road- Change Order No. 1 for $18 , 156. 06 . City Manager. Flatley stated that the construction of Taylor Road has been accepted but wanted the Commission to review this change order prior to submitting the final bill and acceptance of the road. Don Windham, Berry & Calvin, stated the reasons for the change order to be as follows : 1 . Additional subsoil excavation and embankment was due to the type of subsoil encountered in the field , specifically trees , concrete , etc , 2 . Additional reinforcement grid , stabilization (12'' ) , limerock base (81 , and Type 9-1 asphalt was due to the continuation of the road across the D.O.T. easement to the NISA and Nova University access . 3 . Additional rip-rap was added for one of the existing drainage pipes . REGULAR MEETING 5 JANUARY 2.2, 1991. i ^1r. Windham stated that the change order comes to $18 , 156 . 06 and that the total contract cost is $,161 , 761 . 00 which is still $12 , 093 . 00 lower than the second bid received and that this is the special assessment amount for \F 7th Avenue . Cite Attorney Adler stated that this is a special assessment project and bonds have been issued for the project . Mr . Adler mentioned that the road is completed and a portion of the bill has been allocated for administrative and attorneys fees and an\' surplus will be credited to tPtose property owners against their assessments . F1r . Adler stated that the final assessment roll and lien book will then be prepared for these assessments . Commissioner Cook expressed her dissatisfaction with change orders on project bids that are awarded and felt that there must be careful review of bids to deter change orders from occurring. Ftayor F1cElyea agreed with Commissioner Cook and felt: that the companies that are awarded bids should complete the projects for the bid price. City Attorney Adler expressed his legal opinion that change orders are a normal procedure in these types of construction projects and mentioned that the Commission could add a paragraph to their contracts eliminating change orders in the future . i ti � a a motion was made by Commissioner. Cook , seconded by Commissioner Grace to approve the change order for the NE 7th Avenue/Taylor Road project in the amount of. $18 , 156 . 06 due to the urgency of completing this i � project since people have to be assessed in the area . The motion failed on the following roll call vote: Commissioner Bertino-no Vice-Mayor Mikes-no Commissioner Cook-no Mayor McElyea-no Commissioner Grace-no l 7 . DISCUSSION 7 . 1 Status of Mr. D ' s (now Roy' s) Car Wash at 501 Stirling Road. Will Allen, Growth Management Director , confirmed that this business does conform to city Ordinances and that the approval for the hand car wash was granted at the July 13, 1982 commission Fleeting and an Occupational License was issued December 14 , 1990 . Mr. Allen stated that a variance was issued for the land and that a sign permit was issued December 2.6 , 1990. commissioner Grace mentioned that she has received several complaints from residents in this area and felt there must be a way to resolve this issue for all parties concerned . commissioner Grace expressed the need to workshop this so residents from the area can have an opportunity to explain what they want to be done and to have the owner respond to what he can do in an effort to resolve this issue . City attorney Adler mentioned that the Planning k Zoning Board recommended a condition to this variance request to require a fence to be constructed to screen the business from the residents . Mr . Adler also mentioned that residents from the area had an opportunity to express opposition to the variance. REGULAR MEETING 6 JANUARY 22, 1991 �t 4. , 7 . 2 Final report on the Dania Pier inspection by Coastal T'ecbnolog�' Corporation . City Manager Flatlet' informed the Commission that ves couldsentaattendithistlmeetingTtonigh t. corporation recommended Alternative CoasttsldTetit Replacementan that he Pier and Bait Shoe into grant opportunities from the is presently looking Preservation 2000 Progx'am and Florida Navigation District with a deadline of fay 1 , mentioned tloat olshandsreminded also nthe9Commissiointo nr that athey financing need 1 .5 million dollars . Mr . Flat;ley reconunseeingto bring this item back to the Commission after what grant opportunities there might, be for the C:i_ty . ressed his dissatisfaction with Commissioner Bertino elP not being present: the Engineers from Coastal Technology' and requested to continue thiintortheder nee aregula meeting of February the engineers present to respond to questions . • �, progress report . k 7 . 3 Jack Dons Property Jack Downs mentioned that he has obtained positive -i response from the lenders he is dealing with regarding k his con traction loan Mr . Downexpls to thatned that he e 't h ehas have to received another tenant who wishes ri,ec�uterttboundaries project. and that he has cleaned up of the facility. anted er Mr . Downs GriffintRoadliand ;Oak lTrees ine the dwest Palms ern along parking lot and that he has men with FPL regardiGcguth request to construct a fence and level the area I of the facility. `1r . Dr?St�gesreported FPLthat butthis thateheest: is still in the routing expects a response soon. He also mentioned that he contacted the owner of the property to theputting a Old Griffin Road regarding the possibility d traffic. The berm UP in the area to deter dumping City procedures owner advised him that he would g . on the request . will Allen , Growth Management Director , responded to Vice Mayor Miles question regarding the landscaping along the BO foot strip by e,,:plaining that this should be done in the nest few days . ested that Mr . Downs he given four Vice Mayor `likes sugg months to come back to the Commission in order to obtain an answer on his financing requirements , t complete the landscaping , and obting atheberm cpThetion from the property' owner r?J" Commission agreed. 7 . 4 Adopt a Block , a Park Or a Street . (Comm. Cook) Commissioner Cook explained her proposed new program called City' Spaces - special Places which gives citizens , businesses , civic organizationsri contriblute to professionals in Dania an oPP- the City ' s revitalization and beautification efforts . The first aspect of this could face pt-a-Blocted k which expands on the Adop t campaigns , now popular across the nation, allows the contributor or sponsor a wide Variety of needs in Dania . 7 JANUARY 22, 1991 REGULAR MEETING 1 i Mayor McElyea commented on how successful this program has been in North Carolina and feels it should be successful in Dania . 7 . 5 Possible purchase of an electric car for rase as a parking meter enforcement vehicle . (V . Mayor )tikes) City Manager Flatley mentioned the need to purchd:_e a new meter car and stated that the Sheriff ' s Office has approved the use of Law Enforcement. Trust funds for this . Mr. Flatley explained that the Cities of Miramar and Oakland Park have purchased electric cars to use on an experimental basis as a means to lower maintenance costs and aide in environmental concerns . Mr . Flatley recommended the City purchase two electric cars at a cost of $5 , 000 each to be used for the city garage and parking meter vehicles . Mayor McElyea expressed his concern for purchasing these cars as he felt parts would be very hard to obtain since they are an etiperimental idea and felt it would be better to stay with the standard cars . Commissioner Cook stated that she felt the City was going to purchase a pickup and requested information on obtaining parts for the electric car . Commissioner Bertino suggested to lease a Vehicle for the beach due to the salt air damage . 1 City Manager Flatley stated that he will bring back a bid request to purchase a small pickup. S 7 . 6 Beach permits for citizens with vehicles registered in a company name. (Comm. Cook) Commissioner Cook mentioned that she has received several calls from citizens who have their automobiles or vans registered in a company name who cannot get a beach permit from the City of Dania . Commissioner Cook requested the ordinance be amended to include citizens whose vehicles are registered in their company names . A motion was made by Commissioner Cook , seconded by Commissioner Bertino to direct the City attorney to prepare an amendment to the beach permit ordinance to include officer of the corporation or owner of the business . Commissioner Bertino stated that tie felt as long as the company is located in the City and no matter, who drives it , they should be issued a beach sticker as they pay taxes . A motion was made by rice Mayor ;likes , seconded by Commissioner Grace to table this discussion to the nest workshop meeting. The motion passed unanimously. 7 . 7 Letter from Monroe Udell of Jaxson ' s Ice Cream to waive a portion of a recent water bill . City Manager Flatley mentioned there was a plumbing error made at Jaxson ' s Ice Cream Parlor when connecting a backflow meter to a pipe that dead ended into the sand under the building . Mr. Flatley mentioned that Mr . Udell has requested the Commission allow him to pay his normal bill of around $800 and waive the cost of the wasted water. REGULAR MEETING 8 JANUARY 22, 1991 4- A motion was made be Commissinner Bertino, seconded b\ commissioner Grace to approve the request by Monroe Udell of Jasson ' s Ice Cream to halve a portion of a recent water bill . Mayor McElyea stated that he felt Mr . Udell should go back to the plumber on this cost and not the Cite. Mr. Flatley responded to Vice Mayor Mike ' s question on the cost to the City and he explained that the cost would be $2 , 200 . 00 as the City makes no profit on water bills . Mr. Flatley stated that the City did conduct a plumbing inspection . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes--yes Commissioner Cook-yes Mayor McElyea-no Commissioner Grace-yes 7. 8 Volunteers for City projects . (Comm . Bertino) Commissioner Bertino mentioned the mane people in the City who have many tallents that the City is not utilizing and mentioned the many needs the City has to M, use these individuals to assist in City projects . Commissioner Bertino mentioned that retired people �* could help in the areas of contract reviews and technical advice on firefighting , a Commissioner Bertino mentioned that he is working on creating a list of individuals willing to assist the City to be categorized under the different needs . }• � Commissioner Bertino stated that he will report back to the Commission on this proposed program . 7 .9 Discussion of further FDOT planning for alternate Ala route through east Dania . (V. Mayor Mikes) Vice Mayor Mikes mentioned his request for a resolution opposing a bridge across the Dania Cut-off Canal and A1A alternative through eastern Dania . Vice Mayor Mikes requested to have City Manager Flatley make arrangements for a representative from FDOT to be present to discuss this issue at the nest workshop meeting. Commissioner Cook stated the need to stay on this situation and her willingness to help in any way she can . 7 . 10 Discussion of. City Attorney ' s statements while giving legal opinion on qualifications for Dania elective office . (V.Mayor Mikes) Vice Mayor Mikes stated that the Dania Press misquoted him regarding his comments made at the last meeting regarding whether or not someone from the annexed area was qualified to run in upcoming City Commissioner election when he commented "that the City Commission should take a chance and approve the resolution and let somebody challenge their action in court " . Vice Mayor Mikes clarified that this statement was taken way out of contest as he requested an opinion from the City Attorney on ghat would happen either way if the City were challenged if we didn ' t approve it and if we approved it and then we were challenged . Vice Mayor Mikes informed the Commission that this issue has made it through the first court hearing and that the second one is scheduled for February 1 . Vice Mayor mentioned that there is a possibility that some of the REGULAR MEETING 9 JANUARY 2.2 , 1991 i Commissic,ners mad be subpoenaed for this hearing and felt it better not t:o make any further comments on this matter . Cite attorney Adler informed the audience that Judge Shahood ordered that Bill Hyde ' s name, who is from the annexation area , be added to the ballot Subject to his final determination as to whether or not the provision in our Charter is constitutional as applied to the newly annexed area. Addendum 7 . 11 Request to discuss the I .T. Parker reservations made prior to the new fee schedule. (Mayor McElyea) Mayor McElyea mentioned that he had received a letter from an individual who signed a contract with the City to rent the I .T. Parker Center for a wedding at a cost of $400 in May 1990 . In the meantime, the City raised the rates up to $600 and he felt the City did sign a contract and the man should be given the rent at the rate in the contract , Commissioner Grace also mentioned that she received a letter and phone calls from individuals in the same situation. '.. A motion was made by Commissioner Cook, seconded ba Commissioner Grace to honor any prior contracts for the ON I .T. Parker Center at the old rates . City Attorney Adler mentioned that the contract did not s include a provision subject to rate increases and that ,l lie has now revised the present contract to include this provision. 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 7 . 12 Discussion of erecting a fence along SW d Court (south of Stirling Road) to prevent illegal dumping . City Manager Flatley mentioned the miffed concerns from people in the SW 4 Court area about erecting a fence in an effort to deter illegal dumping. Mr . Flatley mentioned that with the improvements to the cemeteries, there is old fencing available to be used for this fence with the assistance of volunteers . Tim McLeod stated that this was a yoluntarl program with citizens in the area of SW 4 Court and expressed the need for the fence in an attempt to r_tttdown on illegal dumping. Mr . McLeod requested Commission support . Commissioner Grace stated that residents in the area have expressed their opposition to the construction of the fence due to safety reasons . Commissioner Bertino suggested that before erecting this fence that the Human Relations Board members discuss this issue to insure there are no racial reasons behind this . Mr. McLeod clarified that the erection of the fence was simply to deter dumping and that there is no racial motivation in any way. REGULAR MEETING 10 JANUARY 22, 1991 i i A 4- COI misslOner Cook suggested having petitions signet) b1 citizens in the area to determine who wants the fence and who does not . 8 . APPOINTMENTS 8 . 1 Appointment to Airport Advisory Committee . (continued from 1/8) Wanda Mullikin, Cite Clerk , advised the Commission that there is one more member appointment needed by Commissioner Bertino. Commissioner Bertino appointed Bob Lizano as his last appointment . 8 . 2 Appointments to Human Relations Board . (continued 1/8) Commissioner Bertino suggested that there he three appointments from each Commissioner instead of two. A motion was made by Commissioner Bertino, seconded b% Commissioner Grace to amend the Human Relations Board Resolution by expanding it to three members each and eliminate the alternates . q� City attorney Adler stated that he will prepare the amendment to the resolution for the nest regular meeting of February 13 , 1991 . Commissioner Bertino appointed Alex Buchsbaum as his alternate member. 3n 1 'ff Commissioner Cook appointed Mr - Jay Topper . � i s 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 a 9. CITIZENS' COMMENTS - none ! 10. ADMINISTRATIVE REPORTS 10 . 1 City Manager 10 . 1 . 1 Status report on bidding out lake treatment services for the 7 lakes currently serviced by Aquatic Systems . City Manager Flatley suggested to go out to bid for lake treatment services in an effort to seek the lowest quality bid and better service. City Manager Flatley stated that the first regular meetings for February and March have to be rescheduled due to the Dania Elections being on February 12 and March 12 . The Commission agreed with Mr . Flatley to reschedule these regular meetings for February 13 and March 13, 1991 . City Manager Flatley reminded the Commission that the Airport Advisory Board will be meeting January 23 , 1991 at 7 : 30 p.m . Phi. Flatley suggested to reschedule the. Human Relations Board meeting of January 29 until all REGULAR MEETING 11 JANUARY 22 , 1991. i b members have br- en appc,i.nted which should be ��i�mpl �>tc�•d at the regular meeting on February 13 . 1991 . The Commission agreed . 10 . 2 city Attorne} City attorney Adler confirmed that the reschedule of the two regular meetings in February and `larch will. conform to approval of the canvassing of votes after the primary and general elections . 1.1 . COMMISSION COMMENTS 11 . 1 commissioner Bertinn Commissioner Bertino suggested to schedule the representative from FDOT to be available at the nett workshop meeting . The Commission agreed with Mr . Flatley to schedule the workshop meeting for Wednesday , February 6 , 1991 , at: 7 : 30 p.m. Commissioner Bertino congratulated Commissioner Bobbie Grace and the Dania Activity Committee for their efforts in the success of the Martin Luther Fang celebration . Commissioner Bertino requested support for the troops in the Middle East Crisis . Uri 11 . 2 Commissioner. Cook >, a Commissioner Cook requested Commission support in y scheduling a prayer vigil in the City for support of the men, women and prisoners of war in the *fiddle East War. 11 . 3 Commissioner Grace Commissioner Grace expressed her appreciation for the participation in the Martin Lather King celebration. I Commissioner Grace mentioned her family members who are presently in the military and expressed her support for all families who have family members in the service . 11 . 4 five Mayor "tikes Vice Mayor `tikes requested an update on the demolition of the old ribbonwriter building . City Manager Flatley stated that he has obtained the money to pay Pete ' s Trucking when they come in to pick- up their permit to complete this demolition . Vice Mayor Mikes stated that the Greenbelt is coming along real well and expressed the positive beautifi.etion results for the City. Vice Mayor Mikes mentioned the opening ceremonies for the Greenbelt project that should take place the latter part of February. Vice Mayor Mikes requested that the dead trees and landscaping on the Dania side be replaced prior to this event . City Manager Flatley stated that he would check into whether the City Engineers have received the permits for the boat ramps in the Melaleuca Gardens area . Vice Mayor Mikes reminded City Manager Flatley about the "No Wake" Signs for the pilings on the boat ramp project . REGULAR MEETING 12. JANUARY 22, 1991 t Vice Mayor Mikes reminded the Commission of a Legislative Delegation meeting coming up soon and requested City Manager Flatley be present . City Manager Flatley stated that the meeting is scheduled for 4 : 00 P.M. on January 31 at the County and that he was going to bring this up at the Airport Committee meeting. Vice Mayor Mikes concurred with the comments made by commission members regarding the Middle East crisis requested the Mayor end this meeting with a silent prayer for a quick resolution on the Gulf crisis and the safe return of our soldiers . 11 . 5 Mayor McElyea Mayor McElyea mentioned the illegal parking of vans and trucks at Jimmy' s Italian Restaurant on US 1 and kith Street . City Attorney :idler responded that the ordinance regarding this allows outside storage in this district and suggested an amendment to the ordinance . City Manager Flatley mentioned that the company in 4 question has not been issued a license and suggested to bring them before the commission for approval and also amend the ordinance . h ? i Mayor McElyea suggested speed wake signs be put up for jthe C-10 Canal due to boat racing and the danger created by this . Vice Mayor. Mikes mentioned that even the areas that do not have speed signs posted for boats are suppose to maintain 30 MPH speed limit in accordance with the county and could be sited for violation . City Manager Flatley responded to Mayor McElyea ' s I question regarding who is responsible for maintaining the street lights in the annexation area by stating that the County is responsible . Mayor McElyea requested City Manager Flatley advise the County that street lights are not working along SW 24 Avenue and Griffin near Tropical Acres Restaurant between 25th and 26th . Mayor McElyea also requested Mr . Flatley to include the street light at the life guard building at the beach . City Manager Flatley stated that he expects a report from FPL by the end of the month on the double poles that are being removed in the City . Mr. Flatley mentioned that he will contact FPL and report back to the Commission . Commissioner. Cook announced a community forum called "Black Struggle for Political and Civil. Rights in Broward County 1943 to 1989" presented by Richard helleger being held at the Dania Library on January 28 for all ages . city_ Attorney Adler mentioned that the restaurant is now open on the Pier . At this time , Mayor McElyea called a silent meditation for all service men and women serving in the Gulf war . REGULAR MEETING 13 JANUARY 22, 1991 6. This regular commission meeting was then adjourned . `IAY'OR-COMMISSIONER CITY" CLERK-AUDITOR a 51 a c d i f i I I r REGULAR MEETING 14 JANUARY 22, 1991 < t e AGENDA DANIA CITY COMMISSION REGULAR MEETING JANUARY 22, 1991 8 :00 P.M. INVOCATION ROLL CALL PRESENTATIONS * Resolution in support of the American effort to liberate Kuwait - Presenter: Irving Warman * Presentations (Comm. Cook) * B.S.O. District Commander' s Report 1. CONSENT AGENDA Minutes 1 . 1 November 29 , 1991 , workshop meeting .> 1 . 2 January 8 , 1991, workshop meeting 1. 3 January 8 , 1991 , regular meeting Bills 1. 4 Approval of bills paid in November. , 1990. Resolutions FLORIDA, INCREASING ITS 1 1 . 5 A RESOLUTION OF THE CITY OF DANIA, FROM GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1990-91 , ! � $10, 539 ,960 TO $10 , 5791460 ; AND PROVIDING THAT ALL RESOLUTIONS ''i OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 6 "A RESOLU`L'ION DESIGNATING INSPECTORS AND CLERKS TO SERVE AS OFFICERS IN THE PRIMARY ELECTION TO bE HELD ON 'TUESDAY THE 12TH DAY OF FEBRUARY 1991 , AND THE GENERAL ELECTION OF THE CITY OF j DANIA, FLORIDA, TO BE HELD ON TUESDAY THE 12TH DAY OF MARCH 1991 . " 1 .7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT FOR CONSULTING ENGINEERING AND SURVEYING SERVICES BETWEEN THE CITY OF DANIA AND BERRY & CALVIN , INC. ; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 18 1. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" DEFOINITION CHANGE OFH"ACTUARIAL DEFINITION EQUOF AVERAGE IVALENCE" , MONTHLY EARNINGS , " PROHIBIT DELAYING A MEMBER'S RETIREMENT BENEFIT BEYOND THE AGE OF 70-1/2 , ADDING THE LIMITATIONS PROVIDED FOR IN INTERNAL REVENUE CODE SECTION 415 (d) EXPRESSING THE INTENT TO COMPLY WITH SECTION 4 G FOR EXTENDED CONTRIBUT CONTRIBUTIONS , PROVIDING REVENUE NG THAT ALL ORDINANCES ORPARTS OF CONFLICT ORDINANCES AND BE REPEALED ST 6R PARTS OF EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE. " 1 1 i 4. CONSENT AGENDA (continued) 1 .9 "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. 1 . 10 "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 DEDICATION; 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 'j CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Comm. Cook) 1 . 11 "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 y PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Comm. Grace) 2. PROCLAMATIONS 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) s 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 1/8/91) 4 .2 "AN ORDINANCE,' OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69 (g) OF ARTICLE IV OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, RELATING TO REGULAR 'TRASH PICKUPS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONLLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 5. SITE.' PLANS - none 6. EXPENDITURE REQUESTS 6. 1 Construction of NE 7 Avenue/Taylor Road - Change Order No. 1 for $18 , 156. 06 2 i N. 7. DISCUSSION 7. 1 Status of Mr. D' s (now Roy's) Car Wash at 501 Stirling Road. 7. 2 Final report on the Dania Pier inspection by Coastal Technology Corporation . 7. 3 Jack Downs property progress report. 7. 4 Adopt a Block, a Park or a Street. (Comm. Cook) 7. 5 Possible purchase of an electric car for use as a parking meter enforcement vehicle. (V-Mayor Mikes) 7. 6 Beach permits for citizens with vehicles registered in a company name. (Comm. Cook) 7. 7 Letter from Monroe Udell of Jaxson's Ice Cream to waive a portion of a recent water bill. 7.8 Volunteers for City projects. (Comm. Bertino) 7. 9 Discussion of further FDOT planning for alternate ALA route through est Dania. (V-Mayor Mikes) 7. 10 Discussion of City Attorney' s statements while giving legal opinion on qualifications for. Dania elective office. (V-Mayor Mikes) 8. APPOINTMENTS 8. 1 Appointment to Airport Advisory Committee. (continued from 1/8 ) 8.2 Appointments to Human Relations Board. (continued from 1/8) 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 r communicated verbally prior to 4 :00 p nd fourth (4th) Monday of each month. Comments f any natured will d bea responded to by the office of the City Manager. In the event that the concern remains unresolved , the citizen(s) or party will be asked to address the City Commission during the meeting. 10. ADMINISTRATIVE REPORTS 10. 1 City Manager 10. 1 . 1 Status report on bidding out lake treatment services for the 7 lakes currently serviced by Aquatic Systems. 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 i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3 1 N ADDENDUM DANIA CITY COMMISSION REGULAR MEETING JANUARY 22, 1991 4 . PUBLIC HEARINGS (continued) 4. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 12 , 1991 , ON THE PROPOSED AMENDMENT TO SECTION 3, ARTICLE 1 OF PART II OF THE CHARTER OF THE CITY OF DANIA, RELATING TO THE NUMBER OF CONSECUTIVE TERMS A COMMISSIONER CAN HOLD OFFICE; PRESCRIBING THE FORM OF BALLOT; DIRECTING THE ADVERTISING OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. " 7. DISCUSSION (continued) 7. 11 Request to discuss the I .T. Parker reservations made prior to the new fee schedule. (Mayor MCElyea) 7. 12 Discussion of erecting a fence along SW 4 Court ( south of Stirling Road) to prevent illegal dumping. y� 1 , I i 4 4 HOLD WQOD FEDERAL tx c ffu.,h—� 0 L OL- n V �i71n'lifrttn•�''¢;P_ �A^n..P.r /L ��7'C:,�P�GL �1.d2-U �Q U�I� i � n�j /�p2f/// � D ���/Q l.G'✓V`� /�j''�- �d SY�PL. � !� G�4( � � J :"LY'w � . r�pp 1 / r J / �r 4. 1 r • . . ,� � . ": � ��' � C���. ;,:tire �,�. ,� � t�,�� s, .__, � ,� �U �� �� ;_ r MAYOR'S PROCLAMATION WHEREAS, the health and well-being of our citizens are of vital State concern; and WHEREAS, Floridians can improve their lifestyle by avoiding abuse of smoking, alcohol and drugs, eating sensibly, handling stress and exercising regularly; and WHEREAS, health is the absence of disease and a state of complete physical, mental and social well-being; and ,.' WHEREAS, each individual greatly influences his or her health status by personal choices, recognizing that health is on ongoing process, and being well involves making wise lifestyle decisions a each day; and WHEREAS, there are State and .local resources available to assist individuals in choosing responsible lifestyles; NOW, THEREFORE, I , CHARLES K. McELYEA, as Mayor of the City of Dania, Florida, do hereby proclaim the month of March, 1991 as LIVING WELL IN FLORIDA MONTH in the City of Dania and do hereby urge all our citizens to join the Governor ' s Council on Physical Fitness and Sports and the l Living Well Program sponsors in promoting programs that will make others aware of the concepts involved in improving the quality of life. DATED this 13th day of February 1991 . C� K. c LES EL , Mayor, R ATTEST: City Clerk-Auditor i