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HomeMy WebLinkAbout34790 - MINUTES - City Commission Y h: 55j4Z 4n. I 4 . r' MINUTES j DANIA CITY COMMISSION ;* REGULAR MEETING FEBRUARY 11 , 1992 INVOCATION BY REVEREND LEWIS PLEDGE OF ALI,EGTANCE ROLL CALL: Present. : Mayor: Bob Mikes Vice Mayor: Charles McElyea Commissioners: John BerLino Bobbie Grace Bill Clyde ] City Attorney: Frank Adler { City Manager: Robert Flatley )f Deputy City Clerk: Mary Jabalee j PRESI•;NTATIONS Due to health reasons , Gloria Daly ' s presentation was continued to the next. regular meeting of February 25. *Will Allen, Growth Manager Director, advised the audience of the landscaping improvements that Betty Wilkes Stonebreaker has made to 37 South Federal Highway. Mayor Mikes read and presented a "Dania j ' '1 Landscape Award" to Mrs. Stonebreaker. PUlJ,rD FROM THE CONSENT AGENDA Mayor Mikes pulled item 1 . 10 from the Consent Agenda . J l . CONSENT AGENDA A motion war, made by Commissioner BerLino, seconded by Commissioner Grace to approve the Consent. Agenda with the exclusion of item 1 .10. � the motion passed on the following roll ,Srll vote : I Commissioner Bert ino-yes Commissioner Grace-yes Comm i :;;:iElliot- Hyde-yes Mayor Mikes-yes - PULLED FROM CONSENT AGENDA ( i 1 . 10 Regarding the Bungee Jump, Inc. contract, City Manager Flatley 1 recommended that two policies be provided to cover the mechanical lift and liability for the jumper and the insurance company be licensed and admieLed in the State of Florida . r , 'rim Tapp, Recreation Director, recommended that the contract not go into force until such time as the City accepts and agrees to the policy for insurance. Mayor- Mikes determined that the contract would be for a three month trial period , with no options, and with $5, 000 , 000 in insurance. `lark Perry , Esq. , representing Bungee Jump, Inc. , stated that Mr. Mascolo will be investing a substantial amount of money into advertising r this attraction and that the option to renew language was phrased to cover them should the situation work out for all parties involved. Coinmissioner Hyde stated that this Commission will have the right to Y refuse a renewal should they so deem. s + REGULAR MEETTNG 1 FEBRU'ARY 11 , 1992 4+ ( _ ' ._� ♦. i,.� � SW�r"n`!yy .�''r i'��.y'Y'"5".`Y''ff` '�.T'C'^JC'tr*x Cip� ,f��i,w vT i'�A."i�yj�K1ti1�I+`L"i � t( y .+ l L x j Cummis-sinner Bertino suggested that. Bungee Jump, Inc. be required to hay • medical ase; istance on the site in the event of accident and Mr . lc+::cc,lu advised that the Jump Master and Jump Supervisor are both �! ' j tr •nn+<d in first aid . Cnrnm l fln i o tier Pert ino felt that Off-duty police services should be r'r•rlulred un the- !: ite in the event of eNcessiv'e traffic. problems . - The Cr+rr,rnir.sicur instructed City .attorney Adler to ensure that the +•nntr,ic t. provides fc+r safety int;pet-t ion requirements by the State and - rhnr it be under::tood this event is for a trial basis and to bring the amrended contract back at the next. regular- meeting of February 28th. Mr . Moscolo stated that he wanted to have the grand opening February 21 •urd that he would need the contract. executed sooner . Ccnnmis:: iunc<r Hyde felt that as long as the Commission and tenant have .rclr+•ed tc-+ .r11 amendments a:c discussed to allow the City Attorney to pr+•pnre ,r new contract with the changes and to approve this tonight sr) .rn nut to hold up the ovent . City Attotn.;y Adler confirmed the fallowing changes to the Bungee Ju mp. iruo . contract : Parle 1 - r+k. Pogr• - Section 1 . 04 - Liability Insurance - Rth line down "The innurarrce company shall be an insurance company that is licensed and adurittr•d in the State of Florida , and approved by the Landlord" . Section 1 . 05 - Use of Premise:_; in Compliance with the Governmental Rerlul :rt. iorrl: - 3rd line down - leave in the two sentences relating to - sr•llrtu3 T shirts and video tapes and having a I. icket booth . Pare- 3 - tied ion 100 - Assignment: of Lease - leave in Seri. ion 1 . 07 - Intent of the Parties - Leave out the option clause in lint srurteur.e . Strike Section l . 11 - Non Competition - ^Irikr their Soot ioil 1 . 12 Renewal options and add City language r Par)r• ri .. i :h+clicnt 1 . 13 Landlord ' s Covenant of Quiet - add the following items j rootmunc•nded by Tim Tapp, Recreation Director to become Section 1 . 11 t 1 . Tenant shall provide security of title lease premises Tenant shall be responsible for all damage done to the leased area shall post a security deposit in an amount as determined by City Manager. 3 . No lights shall be installed . 4 . The hours of operation shall be from 8 : 00 a .m. to 8 :00 p.m. ri . Tenant shall not interfere with peaceful enjoyment of the 1reach Section 1 . 14 covered in Section 1 . 12 Commissioner Bertino suggested the City Attorney check into whether a release must be obtained from other operators at the beach prior to executing this contract . l A motion was made by Commissioner Bertino to continue the approval of ` the Bungee Jump, Inc. contract until further review can be made. ' t The motion died for lack of a second. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to approve the Bungee Jump, Inc. lease agreement with the changes suggested by the City Attorney and authorize the City Manager to sign - the agreement with the petitioner when it is prepared . City Attorney Adler stated that the lease agreement will be amended and a revised copy will be distributed to all the Commission. REGULAR MEFTTNG 2 FEBRUARY 11 , 1992 - _ 4 Th«• mot i()n passed on the following roll call Vote: iR�! Curnmi ;;sioner fit-r-tino no Commissioner Grace-yes Cuuuni :;:;i(,ucr ti.;drr ye;; Mayor Mikes-yes t i� 1 . 11 ORDINANCE. NOT PULLED FROM CONSENT AGENDA BUT NOT READ UNTIL AFTER I 1 . 10 . (' A motion wan made by Commissioner Bertino, seconded by Commissioner f, (-.race to adopt_ on first reading the ordinance amending Sections 27-8 (k) , 27- 13 (c) , 7.7- 24 (b) , of Article I ; and Sections 27-52, 27-56 (b) 27-58 (d) `1 and (e) and 27 59 of Article IV of Chapter 27 , changing the imposition of penalty charges from 15 day,; to 30 days; four month delinquency { before meter pulled or locked; one re-read on meter without charge; penalty charges be net. by resolution; billing be bimonthly or monthly. I Th.- mot 1,41 pasf:ed on the following roll call vote : rornmi :;:rioner Hertino-yet; Commissioner Grace-yes I Commissioner Hyde-ye:; Mayor Mikes-yes i 1 . 12 WAS ADDED AS AN AGENDA ITEM AND ADDRESSED IN ITEM 7 . 3 1 . 13 WAS ADDED AS AN AGENDA ITEM AND ADDRESSED IN ITEM 7. 11 2. PROC1,AMATIONS 2. . 1 Scott. Harris , softmore at Hollywood Hills High School and candidate for State President for Fl1A (Future Homemakers of America) was introduced by Mayor Mikes . Mr . Harris explained his efforts in nhtaining approval from Governor Chiles in establishing May 17 , 1992 , as I', aco Day and the nu-mth of May an Peace Month . City of Dania Proclamation was read in its entirety by Mayor Mikes. 2 . 2 Mayor M1likes proclaimed February 16-22, 1992, Engineer ' s Week. 2 . 3 Mayor Mikes proclaimed February 2, 1992 , Urban League of Broward Cuunfp 3 . BIDS - none I 4 . PUIIIAC HEARINGS C 4 . 1 Variance (VA--52--91) requested to allow the construction of a L carport. with a front yard setback of 5' (25' required) and a snide yard setback of 2' 6" (7 ' required) . Petitioner/Owner - Gerald Thompson i (conl. inued from 1 /28/92 regular meeting) f. i Carol Sanfrani , 212 SE 8 Street , presented petition signatures from neighbors around her` home approving her carport request . I . i� A motion was made by Commissioner Grace , seconded by Commissioner Bert.ino to continue VA-52-91 until Ms . Sanfrani obtains signatures from the neighborhood in general stating denial or approval of the carport request Further discussion followed on exactly how many signatures would be { needed on the petition and whether or not Ms. Sanfrani has a hardship involved in the variance request . Carol Sanfrani confirmed that there is no hardship involved in her request and withdrew her petition. The motion to continue was withdrawn . Mayor Mikes opened the public hearing. John Bruckner came forward to express his dissatisfaction with the Commission taking the time to consider requests that do not comply with code requirements . Charles McElyea stated his opinion that if the Commission feels carports would be a positive improvement to this REGULAR MEETING 3 FEBRUARY 11 , 1992 j .. I ',.. .: � .., ..... .,..,..,-,.. a :p.. . - ;. ..�.,, a a^.v F t'r.^..lt1.a<•s...'t+a.r.•aac+—,. --v...-. <� :.2T' - .. r neighborhood to go thru the proper code amendment. process by revising the setbacks so there would be conformity in the neighborhood . tu:. ? � Hearing no further comments , the Mayor- closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to deny VA- 52-91 }� Jhe motion passed on the following roll call vote : i Commissioner Bertino -yes Commissioner Grace-yes Cununissioner Hyde-ye:; Mayor Mikes-yes 4 .2 will Allen, Growth Management Director, presented an ordinance adding a new section to Article 6 of Chapter 28 entitled "dome Occupation" . Mr. Allen stated that thin category is allowed under the Hroward County Zoning Code in the Griffin area and explained the criteria involved in this use. fie stated that the Planning & Zoning Hoard recommended approval . Mr . Allen responded to commission concerns in relation to what type of husinc,sses could be allowed, parking problems and how the City can enforce compliance. 1 Further discus.,{ion involved changing Section I (c) number 5 "Professional office; facilities" to (d) to make it clear that it must go thr-u ;special exception review and number 8 be changed to 5:00 p.m. A mot inn was made by Commissioner Bertino, seconded by Commissioner Gr.rcc to amend the ordinance as stated . Tha motion parsed on the following roll call vote: commissioner Bcertino' yos Commissioner Grace-yes Cnmmi :aioner Hyde--yes Mayor Mikes-Yes Mayor Mikes opened the public hearing on first reading of the ordinance. ,tay Field came forward to question whether the City will be able to � nforce tho types of bu_ inesses that operate out of homes on a fair and oquitaLle basis and whether establishing this use would change the residential environment . C . K . MrFlyc1 expressed the need to obtain revenue and control over the { many businesses that are already operating in homes by adopting this ordinance . Mr . Allen advised John Bruckner that at this time City Code does not e:t.ipulate permission to allow anything but living in residential areas and Mayor Mikes read him the uses allowed under the proposed ordinance . Bob Adams felt that people operating a business in their home that are i not impacting the neighborhood by people coming and going should not have to obtain a license . He felt, this would be an infringement on a person ' s privacy. City 'tanager Flatley stated that the ordinance gives the City an opportunity, to enforce suspected use . Mayor Mikes closed the public hearing. 1 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the ordinance on first reading as amended . The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-no Commissioner Hyde-yes Mayor Mikes-yes Ei. SITE PLANS - none 6. EXPENDITURE REQUESTS - none REGUl,AR MEETING 4 FEBRUARY 11 , 1992 t ' ,.....r_.— ..rn-tee.. __•... �. 9.'r"v 4 `�,y/ ..J'/`•M� I ... .r.:f I13 A' Ji, P-�4`N:/ 1e1 _ j r �+ t ' F q +t c 7 . DISCUSSION + , 7 . 1 Commissioner Bertino introduced James Kern, Jr. , Boy Scout Troop 627., and asked him to explain his request to plant trees in the City at Flo cost . 1 In order to meet cagl ,r scout requirements , James Kern , Jr . requested p-:nui ,sitn to plant tries in locations approved by the Commission . He rt ,rted that all of the tree, and supplies have been donated and that he 1 only need:; the City to supply the water and locations . t ' Further discussion involved Dan Oyler , City Planner, establishing the Wouu-n ' , Club location for Mr . Kern to plant hedges and Commissioner rrace ' ;s ,ugge:;tion that, other lor-_ations to be considered . I . A rm,tion was made by commissioner Bertino, seconded by Commissioner :rate to .1cc:ept Mr . Korn ' s offer to plant trees in Dania and cooperate with him in completing his project . Ih,+ motion passed on the following roll call vote: Cornmi :r, ioner Br•rt.ino-yer; Commissioner Grace-yes Comotis:t inner Hyde-yes Mayor Mikes-Yen 7 . 2 Will Allen , Growth Management Director, recommended to allow a portable building (trailer) at. the Griffin Commerce Park, 3300 Griffin Road, as requested by Medical Resource Concepts, Inc. The portable building will house a self-contained Magnetic Resonance Imaging (MRI) scanner and will be needed for an estimated six month period while an t,. interior bay with permanent equipment, is being completed . , Mr . Allt:n suggested to include the condition that a landscape plan be :submitted at the time of building permit providing for a hedge around t h st ructurc . Mr . Krutchik assured commissioner Bertino that. no harmful rays are 1 dt ::per,ed from the equipment and that certification can be obtained by FDA, :.tat ,• of Florida , HRS and from the manufacturer. The equipment dues hav,• to he placed in a shiolded room for purposes of keeping radio wart•:: 'Intl such from interfering with the reception of the magnetic etptipnu,rit but not for nuclear protection . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to grant permission for a portable building at 3300 Griffin Road as requested by Medical Resource Concepts , Inc . for a period of six months frtmi the issuance of the certificate of occupancy on the building. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes Commissioner Hyde-Yes Mayor Mikes-yes i . 7 . 3 Ed Stacker, Esq. , Ruden, Barnett, et al , was present to represent Richard D'Onofrio in regards to the City' s recent denial of an occupational license to operate a gun/pawn shop. Mr. Stacker gave a brief overview of the circumstances that have taken place and in summary ii stated his legal opinion that the City Commission does not have the right to make a discretionary decision to adopt a policy against pawn broker businesses. City Attorney Adler specified that the zoning classification for the area in which Mr . D'Onofrio has requested his pawn broker business does not. allow pawn broker establishments . Mr: Adler advised that the City s . is in the process of establishing regulations on pawn brokers and that a a? tya, i resolution declaring a 60 day moratorium has been prepared. Y: Mr . Stacker felt that it is not appropriate to hold up an application 'h - for a pawn broker license by Mr. D'Onofrio while the City establishes regulations in this regard . 1 Y ' REGULAR MEETING 5 FEBRUARY 11 , 1992 i '1 l- f ..•. yJP fMAt •� , 3'Y S A mot ion was rnado L,v rnnrn; ir;:; i n:•r- B,•rt tnr,, :v r;mde<1 by Commissioner Hyde to add agenda item I % r ••g•,rrlrn<t •t rI•a%"lut ion r]••claring a 60 day r§ r., moratnriurn nn Lawn brc,kc•r hu.. ; n,•:;:;,••: . <� The mntion passed un the following rn11 call vnti• : a rY { Conlin is irmr•r Grace na i Cornmi:,slc,ner Hr•rt tnc, yc•:, COMM i .^,:: tuner Hyde co:; Mayr,r Mikes: -} e:; vz 1 . 12 A nu,tion was made by Commis. inn.rr Bert inn to adopt the resolution ! decLaring a 60 clay moratorium in order to allow sufficient. time for the enactment of a city ordinance regulating pawnbrokers within the " corporate limits of the City of Dania . 'z ( I Con;in ss i oner Hyde requested clarifirat ion on whether Mr . D'Onofrio' s appltcat. ion for a license wi11 be considered pending until the ordinance ( • 1 i :; e:;t:;blichod and whothor the City can pursue the establishment of this Wd i vatic e nnder r host' c i r-c-umst am-e:;. city Attorney Adler advised that the: City has every right. to pass a regulation governing any business to the City for the safety and welfare of the peoplo . Mr . Adler slated that the first stage is to prepare i regulation;; and the second stage is to amend the code. Mr . Starker restated his legal opinion that his client has the right to obtain an uccupat. ional license for it pawn broker business in a C-2 district. and by er.tahlishing this: ordinance the City is committing an F injustice against his client . " r.nmmts:;toner Hyde asked that, if the resolution is not adopted can the Commission still go forward with the ordinance establishing regulations nn pawn brokers and would Mr . D 'Onofrio' s request for a license still be domed^ Cit} :\ttorney Adler responded yes to br,tit questions . Commissioner Hyde s;oconded Commissioner Bertino' s motion to adopt the rosnlut ion de;,-larirtg the moratorium . I The nu,tinr passed nn the following roll call vote : Cnmmi :;:;inner Bert inn-yet: Commissioner Grace-no f c'nuuni ::;: inner Hyde--yes Mayor Mikes-yes 7 .4 Robert Blankenship representing Tnternational Bungee Company, an Ohio Corporation, requested approval for bungee jumping at Banana Boat Restaurant, 2650 Went State Road 84 . Mr. Blankenship explained Lhat an insurance certificate will be supplied to the City in the amount of $1 , 000,000 supplied by Sports and F.nt.ertainment Insurance Services in Loui liana. Will Allen, Growth Management Director, advised that this request is to allow bungee jumping on private property in the parking lot of the If Banana Boat for a period of 90 days . He reminded the Commission that i- this will be the Lhird bungee jump operation going on in Dania at this time . Commissioner Bertino expressed concern on whether this request meets FAA glide path requirements due to the location being so close to the Ft . I Lauderdale/Hollywood International Airport . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to continue the bungee jump request at the Banana Boat Restaurant to the next regular meeting of February 25 so that a site plan layout and FAA approval on height restrictions can be presented . nt The motion passed on the following roll call vote : ? r• Commissioner Bertino-yes Commissioner Grace-yes Commissioner Hyde-yes Mayor Mikes-yes i REGULAR MEETING 6 FEBRUARY 11 , 1992 i :r°"5^'� •. t ^S+t•�^��e:�:�a "'.+'¢��4e^��1V' ,'T",..0..vi�•...s,.•.- rre�'f•V+p•F . .Le i S R.�y w,}-a*ny,rtt+p r�T✓r`�y� } b1� 4 •Ya�i/ 7 . '1 Jay Field , Chairman of the Airport- Advisory Board, reported that Lhe three not „e monitors for the airport should be up and running in �y1, July 1992 and the Aviation Noise Committee has been rejuvenated to the resident:, in the Melaleuca Gardens area . Rot, I.iz,un, came f,,rward to report the value of the Trails Fnd Trailer - ParF; at nv,•r 7 mllllon dollars and expressed concern for the loss of tax k , I,ar,,• t :, 1}ania with the Airport takeover . Mr . Lizano recommended the It t ,snpt t „ i ind s„mu•one to buy the property in an effort to keep it n the City tali roll :. as the airport has no use for it at this time. ',tt ,•r further- disco:;Sion • the Ccamnission agreed to hdve City Manager i Flatlet' ,,vu.1 a letter to Broward county asking for a specific response un the County ' :, intentions for the Trails End Trailer Park property 1 Irn .1[ +•d at 999 K . Federal Highway . � f 7 . 6 Wi11 Allen, Growth Management- Director, advised that plans and npecific:etions for construction of NE IOLh Street to McIntosh Road have been submitted to thE: City to review and possible issuance of a building 1 permit . The street. will be serving the Hollywood Harbor DRT property being constructed by Michael Swerdlow Companies , Inc and the majority of the road in locaLed in the city limits of Dania . i Mr . Allen mentioned that the City will need an engineer review of the plan!; to determine if they meet c•ou;pliance with City Code and, in this ca!;e, Berry h Calvin ar,• tha design enyinoers for the project . This bein:l a conflict of interest situation , he submitted quotes from three ,•nginEn:rijig firsts . Mr . Allen stated that the proposals are broken down into two categories ; lump sum plan review phase and hourly fees . .4 A motion was road,• by commissioner Hyde , seconded by Commissioner Bertino to continue this discussion to the next regular meeting with a workshop meeting in between while City Attorney Adler obtains a response from the permitting agencies on whether the permit:; for the construction of NE 10 Street are valid . , Ii file• motion passed on the: following roll call vote: Cnnunlssioner B, ttino--yes Commissioner Grace-yes i t'c711unrssioner HydE yes Mayor Mikes-yes i 7 . 7 Marie Jabalee, Finance Director, mentioned that. she has sent out. j RFP':a for financing Lhe reconsLruclion of the Dania Pier and for refinancing Dania ' s debt. which are expected to come back by February 24th so she can prepare a recommendation by March loth. She mentioned L.hat. Family Bank has submitted a tentative proposal for $500, 000 at a 5. 5% fixed rate for the pier repairs but recommended waiting for the formal responses. to come in. Tim Tapp, Recreation Director, presented a draft of the proposed RFP for the Dania Pier Restaurant for the Commission to review and present their r+•comme fill dt ions . I!' Commissioner Hyde recommended to continue this discussion to a workshop I meeting and the Commission agreed . III 7 . 8 Tim Tapp, Recreation Director, presented status report on Chester Byrd Park in regards to the recent irrigation system being switched back to well water and installation of sod. He advised that Recreation and C- Public Works will continue to be involved in the maintenance that is needed due to vandalism. 7 . 9 Mayor Mikes commented on the unfortunate occurrence of a Commission , vacancy created by Governor Chiles ' suspension of Vice Mayor McElyea. City Attorney Adler stated that on February 6th , Governor Chiles signed Lhe order suspending Vice Mayor Mc Elyea and that the suspension will continue until it is adjudicated in court . The vacancy on the f Commission must: be filled by appointment by the Commission and this appointment: would cover the time period thru March 1993 or until he is reinstated. RFGUI,AR ME'ET'iNG 7 17F.BRIJARY 11 , 1992 '•--• ,_ .r7„•,-2v ma a*c.t'!]J2/EY:>8'Rmti,.�.;.. xrr+.sw: A .f Mayor Mik-" suggest ,,(] to hul(l ,1 ::p,•t ia1 meet ing t , make the appointment iso that commission and pull it c"mm"rit ran 1 !ward . poll ' mot Ion w'aa mach• h) Commism - no"r Gracv . am undrd hY 17"mmissioner' - .' ri,�r't into to lahl,• th,- Comrni ssli'll V.11"InCy appt)inrmont to a special meeting roil Thursday , Fr-bruary I Ith at 8 : 00 p. m . City Attorney Adler clarified that in the "vent of a deadlock the gov. rnor would cone• forward to uldke the appointment and that the appointment has to h,• made within a reasonable time frame . commissioner Bertino expressod his dinsatisfaction with the Governor r,rnn,vinq Vice Mayor McElyea from his political position before he has been found guilty hased con our country ' s lawn: that a person is innocent 3 unt i 1 pruv,•n yu i 1 t y . 'the motion pdsauld on the following roll call vote : Comun iss ioner Bertino - ye:; Commissioner Grace-yes Coounissioner- Hyde-yes. Mayor Mikes-yes Addendum 7 . 10 City Attorney Adler obtained informaLion on the confiscation procedures the City should follow in regards to the McCutcheon property. He advised that. the law agency who participated with the FBI in this cane can make joint: application with the City to recover proceeds. - Captain Carney, BSO-DisLrict TX, advised Lhat District IX was not .i involved in the case but. that the Sheriff ' s Office was and that he would obtain clarification on how proceeds would be applied for and disbursed. y 7 . 11 City Manager FlaLley reported that EPA is allowing the production burn to begin immediately after the second trial burn at the Lindsley Lumber site prior to analyzing the results. Secondly, the ambient air monitor system that was suppose Lo be set up has not been set up yet: and based on these concerns he encouraged the Commission to pass a � . resolution opposing EPA' s ac.Lions. Mr. Flatley advised that Broward County ONRP (Office of Natural Resource Protection) is in agreement with the City. i commissioner Hyde agreed with Mr . Flatley that this makes no sense at All Bind that his conversation with Art Smith , EPA, regarding the Ambient Air, and Florida Clean Air Standards not being met was not encouraging . ' He urged a reltalution be adopted requF. t. ing the results of the second trial burn before the production burn and that the Ambient air Monitor he placed immediately on site before any more burning is done. Commissioner Bertino suggested to have City attorney Adler prepare to file an injunction against EPA in the event that they do not agree with the City ' s request based on the time frame . City Attorney Adler stated that he would have to check with the County Attorney to see what Dania ' s jurisdiction is in this matter . 1 . 13 A motion was made by Commissioner Bertino, seconded by commissioner Hyde to add agenda item 1 . 13 for adoption of the resolution opposing the production burn being allowed without the results of the second trial burn and in full support of Broward County ONRP ' s recommendation and that City Attorney and Administration be empowered to go forward with an injunction if needed . ff 1: The motion passed on the following roll call vote: 1 . 14 t~ Commissioner Bertino-yes Commissioner Grace-yes 4 Commissioner Hyde-yes Mayor Mikes-yes i $ ; H 8 . APPOINTMENTS 8 . 1 A motion was made by Commissioner Grace, seconded by Commissioner M} Berl.ino to continue the appointment of alternate member to the Civil Service Board to the next regular meeting of February 25, 1992. t - h REGULAR MEF,TTNG 8 FEBRUARY 11 , 1992 r .y . . ..mac.:....,..._........____. - �., . ...__._. � • . -.. , . .-.......:._ ,..._ .� . ... . . .. . ___•,.. � ..�-. _ .. � .._.,._ - . . ..,.. i y9 4.4,44- �, 1'he toot ion 1).u;.eel in t hc• f of 1 nu 1 ng rol : r.) I I t-ut e ; I +�r Rill", Commissioner Bertino. es c'omtni ::nionor Grace• es ._4fi)1 Commissioner Hyde-yos Mayor Mike:, yos, 8.2 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to reappoint Robert Zeller ( in lieu of Architect) to the Code `.> Enforcement Board. The motion passed on th" following roll call Vote: Commissioner Bertino-yes Commissioner Grace-yes j Commissioner Hyde Mayc,r ?like:;-} es ill 8 . 3 A motion was made by Commissioner Bertino, seconded by Commissioner fiyde to reappoint. Harry Hipler, Frank Hill and Sam Jolly to the Unsafe Structures Board. j ' The [not ion I1.,saed nn the following roll call vote: jCommissioner nert.ino-yet; Commissioner Grace-yea I t'onlmine; ioner Hyde-yes Mayor Mikes-yes Addendum i 8 . 4 Mayor Mikes continued the appointment. to Housing Authority to the i next regular meeting of February 25, 1992. ' 9 . CITIZENS * COMMENTS- none 10. ADMINISTRATIVE REPORTS 1 C I'I'Y MANAGER 10. 1 Cit.y Manager Flatley stated Lhat information has beer received from the State that there is a huge lawsuit going on between several nurserien and Dupont for a fungicide ghat kills fungus on some plants. The cloverleaf planting project will have to be delayed as some of the plants to be used can ' t: be released by the State. Mr. Flatley stated that he will reschedule this project. when the suit. is settled. 10.2 The Commission agreed Lo meet at 7:00 p.m. for a workshop meeting on February 18, 1992. CiLy Manager Flatley advised thaL Senate Bill 732 has been passed establishing the Marina Mile and that signs will be placed on various inter.:Laten directing people to Lhe Marina Mile located on State Road 84 . CITY ATTORNEY - no comments MON 11 . COMMTSSION COMMENTS 11 . 1 COMMISSTONER BERTINO- no comments ` 0 11 .2 COMMISSIONER GRACE- no comments 1 11 .3 COMMISSIONER HYDE- no comments 11 .4 MAYOR MIKES This regular meeting was then adjour ed. / . " MA OR-COMMISSIO R 4 • N CITY CLERK-AUDITOR x - ¢. rJ i REGULAR MEETING 9 FEBRUARY 11, 1992 ? < Y a..w•`. with.. s.,tva. ", if 1 • AGENDA DANIA CITY COMMISSION REGULAR MEETING F'EBRUARY 11 , 1992 -i 8:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VBRSATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. INVOCATION ROLL CALL PRESENTATIONS * Gloria Daly' s presentation * Dania Landscape Award to Betty Wilkes Stonebreaker for . 37 S. Federal Hwy. 1 . CONSENT AGENDA Minutes 1 . 1 January 14 , 1992, workshop meeting 1 . 2 January 14 , 1992, regular meeting 1 . 3 January 28, 1992, regular meeting L Resolutions 1 . 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDED UTILITY BILLING COLLECTION POLICY AND DUE PROCESS PROCEDURE FOR RESOLVING DISPUTED BILLS; 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 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN FLORIDA EAST COAST RAILWAY COMPANY AND THE CITY OF DANIA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID LEASE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ESTABLISHING AND ENACTING RATES AND CHARGES FOR COLLECTION OF TRASH AND WASTE; 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 .7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, NAMING WEST DANIA BEACH BOULEVARD, "ISADORE MIZELL BOULEVARD" ; AND PROVIDING FOR AN If EFFECTIVE DATE. " 1 . 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ESTABLISHING AND ENACTING A SCHEDULE OF RATES AND CHARGES FOR SEWER SERVICE; 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. " " i 1 I I Iw 1 I CONSENT AGENDA (continued) 1 . 9 "A RESOLUTICTING ASCHEDULE OF HEOFITY OF AND ICHARGESIFES OR THE ACONSUMPTION BLISHING DOF WATER; 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. " THE LEASE 1 . 10 AGREEMENTTBETWEENION OF TCITYHE IOF DANTY OF IA NAND BUNGYDJUMP# INC. ; AUTHORIZING THE OPRIATE CITY OFFICIALS EFFECTIVE TO EXECUTE SAID LEASE AGREEMENT; AND PROVIDING ' i Ordinances 1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTIONS 27-8( k) , 27-13(c) , 27-24 (b) , OF ARTICLE I ; AND SECTIONS 27-52, 27-56(b) 27-58 (d) AND (e) AND 27-59 OF ARTICLE IV OF CHAPTER 27 , AS PASSED AND ADOPTED BY ORDINANCE NO. 30-91 EFFECTIVE SEPTEMBER 11, 1991 , TO CHANGE THE IMPOSITION OF PENALTY CHARGES FOR DELINQUENT WATER AND SEWER BILLS FROM 15 DAYS AFTER THE INITIAL RENDTION FOURI ONTHOF A BILL OR DELINQUENCY BEFORE NT BY GE; ISEPULLED OR CITY TO 3LOCKED; PROVIDING DAYS; PROVIDING FOR ONE RE-READ OF METER WITHOUT A CHARGE; PROVIDING THAT PENALTY CHARGES BE SET BY RESOLUTION SETTING FEES; PROVIDING THAT BILLING BE MONTHLY OR BI-MONTHLY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (First Ordinance Reading) 2 . PROCLAMATIONS 2 . 1 Peace Day - May 17 , 1992 2 . 2 Engineer' s Week - February 16-22 , 1992 2 . 3 Urban League of Broward County Day - February 2, 1992 3. BIDS - none 4 . PUBLIC HEARINGS 4 . 1 Petitioner/Owner - Gerald Thompson; property located at 212 SE 8 Street (continued from 1/28/92) Public Hearing - VA-52-91 - A variance is requested to allow the construction of a carport with a front yard setback of 5' (25, required) and a side yard setback of 2 ' 6" (7 ' required) . THE , ADDING 4 . 2 TONARTICLEN6EOFFCHAPTERT280OFDTHEACODEOOFDORDINANCESAOFE THE ECITYNOF DANIA, FLORIDA, TO BE DESIGNATED SECTION 6 . 16 AND ENTITLED "HOME OCCUPATION" ; PROVIDING FOR DEFINITIONS; PROVIDING STANDARDS; f• PROVIDING RESTRICTIONS TO PERMITTED USES; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (First Ordinance Reading) 5 . SITE PLANS - none 6 . EXPENDITURE REQUESTS - none 2 I 7 . DISCUSSION 7 . 1 Boy Scout planting project. 7 .2 Temporary trailer permission sought for a medical diagnostic center for 3300 Griffin Road. 7 . 3 Ed Stacker to address the City' s gun/pawn shop occupational license ` I category. 7.4 Request for bungee jumping at Banana Boat Restaurant, 2650 West I' State Road 84 . 7 . 5 Dania Airport Advisory Board report. I ` 7 . 6 Review of plans for construction of NE 10 Street from US 1 to McIntosh Road. 7 .7 Restaurant proposal reviewed for the reconstructed Dania Pier. 7 . 8 Status report on Chester Byrd Park. 7 .9 Discussion of procedures to fill Commission vacancy created by Governor Chiles ' suspension of Vice-Mayor MCElyea. 8 . APPOINTMENTS 8. 1 Appointment of alternate member to the Civil Service Board. " Y. a 8 .2 Appointment to the Code Enforcement Board. (The term of Robert Zeller ( in lieu of Architect) expires 2/13/92) 8 . 3 Appointments to the Unsafe Structures Board. (The terms of Barry Bipler, Frank Bill i Sam Jolly expire 2/13/92) 'y 9 . CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or ,.= communicated verbally prior to 4 :00 p.m. the second (2nd) and fourth ( 4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen( s ) or party will be asked to address the City Commission during the meeting. 10. ADMINISTRATIVE REPORTS City Manager 10. 1 The cloverleaf planting of Dania Beach Boulevard has been delayed until further notice pending the State' s ability to acquire j necessary plant material. Watch for further notice. 10.2 City Commission workshop proposed for February 18, 1992, 7:00 - p.m. to discuss restaurant/pier proposal, sattelite dish ordinance, Seacoast letter, M.I .M.E. plat, graffiti ordinance revisions, billboards, sewer infiltration, Downtown study, Coastal Tech fees, Selkirk right-of-way request, capital improvement program, park signs, etc. City Attorney t� I � i ^for 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 .2 Commissioner Grace i 11 . 3 Commissioner Hyde 11 .4 Vice Mayor Mc Elyea 11 . 5 Mayor Mikes i i , I i I f I 1 i i i 1 ihy J M.i�tl' 1 4 i a ADDENDUM k DANIA CITY COMMISSION f REGULAR MEETING FEBRUARY 11, 1992 i '1 7. DISCUSSION (Continued) 7.10 Status report on McCutcheon's confiscated property in Dania. 7.11 Discussion and possible City Commission action regarding the second trial burn at the Lindsley Lumber Site scheduled for Thursday, Feb. 13th, with the production bum following immediately thereafter. 8. APPOINTMENTS (Continued) 8.4 Appointment to Housing Authority. (Mayor Mikes) 1 I i *x - 4 i MAYOR'S PROCULMATION ��MMmmN++✓✓ WHEREAS, engineers help to design, construct and maintain the infrastructure and facilities that contribute to a high quality of life for all citizens of Florida; and WHEREAS, Florida' s future growth depends on engineers executing innovative, creative, high-quality solutions to technical problems; and WHEREAS, the stated purposes of the Florida Engineering Society shall be to advance the public welfare and to promote the professional, social, and economic interests of the engineering profession and to stimulate and develop professional concepts among all engineers through education and in practice; and WHEREAS, current members of the Florida Engineering Society and the Florida Institute of Consulting Engineers are making strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; and WHEREAS, it is fitting that we recognize and honor the continuing contributions of America's engineers by observing Engineers ' Week with the motto: "Engineers--Turning Ideas Into Reality" . NOW, THEREFORE, I , Robert Mikes, by virtue of the authority vested I in me as Mayor of the City of Dania, Florida, do hereby proclaim the week of February 16-22, 1992, as "ENGINEERS' WEEK" in the City of Dania and do hereby urge all our citizens to join in paying tribute to the contributions of engineers to our society. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this llth day of Attestrl February 1992 . Marie Ja4dlee, Deputy City Clerk Robert Mikes, Mayor i ' h.: I MAYOR'S PROCLAMATION WHEREAS, it is crucial to our participatory democracy that every citizen take responsibility for the achievement of peace at an individual , community, national and global level; and WHEREAS, promoting a secure and healthy future requires that we respect, appreciate, and celebrate our similarities and differences and that we cooperate in integrating our diverse perspectives; and WHEREAS all persons, institutions and communities of Florida should set aside some part of that day toward the promotion and recognition of the peaceful resolution of conflict through mutual understanding and good will; and WHEREAS, the recent developments in the world make this an j especially appropriate time to work toward discovering our common ground; and 1 WHEREAS, in our local and global communities, substantial work I remains in our efforts to accomplish peace, security and dignity for { all people; NOW, THEREFORE, I, Robert Mikes, by virture of the authority vested in me as Mayor of the City of Dania, Florida, do hereby proclaim May 17, 1992, as "PEACE DAY" and May 1992 as "PEACE MONTH" i in the City of Dania. IN WITNESS WHEREOF, I have hereunto . set my hand and caused this seal to j be affixed this llth day of ATTE T"E' February, 1992 . Marie Ja e, Deputy y Clerk Robert A. Mikes, Mayor . i ..x ,.�w c .;.;.'.,y� - d:'y." -'•�,� ie,�„',.7'e..�s,�.,, r M•sr' 3' ,`t..'��4zs`:�y' ",:;�i ��# a I 1 1 s ` ADDENDUM Q ,' DANIA CITY COMMISSION i REGULAR MEETING j FE©RUARY 11, 1992 f 7 . DISCUSSION (continued) 7 . 10 Status report on McCutcheon' s confiscated property in Dania. 1r 8 . APPOINTMENTS (continued) ! ' 8.4 Appointment to Housing Authority. (Mayor Mikes) tt j Y y L. d r _ � fl' M AA.N �j �4yw .r ISi tf:k ly • !✓ LF i VV F 1 4. � L 6 i l i i I j i I i I I I i -- 1 ...�.. .._ ........r..._..ram ..._. -�..�-�...:.:: . ...... ., - h/y H