HomeMy WebLinkAbout34845 - MINUTES - City Commission MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
NOVEMBER 9, 1993
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ROLL CALL:
I Present:
Mayor: Bobbie Grace
Vice Mayor: Bob Mikes
Commissioners: John Bertino
Bill Hyde
City Manager: Robert Flatley
City Attorney: Frank Adler
City Clerk: Wanda Mullikin
I Absent:
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Commissioner: Albert Jones
t. Tim Tapp, Recreation Director, advised that Kevin McCabe, Coastal Technology,
prepared a matrix of selection issues for the Pier Committee in order for them to reach a
consensus on the three proposals received for the construction of the Dania Pier
Kevin McCabe, Coastal Technology, advised that the three contractor proposals were
evaluated for engineering design, methodology of construction, experience, SDBE
participation, litigation history and on the merits of their presentation. The recommendation
from the Committee and Coastal Technology is Murphy Construction of West Palm Beach.
Mr. McCabe then presented information on the next phase of implementation of the Dania t: '.-
Fishing Pier. Mr. McCabe advised that Murphy Construction is anticipating August or
September for final certificate of occupancy on the pier and stated his confidence in Murphy
Construction based on their ability to construct a project ahead of time and staying at the
j agreed price.
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Randy Kropt, Murphy Construction, advised that materials are guaranteed for one year and
that the City has the option of extending this warranty for a cost. Mr. Kropt stated that he
cannot guarantee that there would not be any change orders at this point but that his
company completed the pier in Lake Worth under costs. rl
WORKSHOP MEETING 1 NOVEMBER 9, 1993
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jCity Attorney Adler advised that contract negotiations can begin once a company is selected _
and that the City of Dania is not obligated to anything until the documents are ready and
approved. Mr. McCabe said that Murphy Construction will implement the design
development and will come up with 100%construction documents that will be part of the
package in the contract. Concerning structural components, Mr. McCabe said that he will
evaluate Murphy's proposal with post-tension beams and make an economic and structural
evaluation on behalf of the City. Further discussion followed on the possibility of matching
the architecture of the shelters with the proposed restaurant structure.
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The Commission decided to address further action on this issue at the regular meeting
following this workshop.
This workshop meeting adUoumed.
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{ Mayor-Commissioner
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City Clerk-Auditor P!
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WORKSHOP MEETING 2 NOVEMBER 9, 1993
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AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
NOVEMBER 9, 1993
7:00 P.M.
1. Further discussion of final three proposals for construction of the Dania Pier. (Staff)
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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 9, 1993
INVOCATION BY REVEREND T. LEWIS
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
j Bobbie Grace I
Mayor:
Vice Mayor: Bob Mikes
Commissioners: John Bertino
Bill Hyde I
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Albert Jones
City Manager: Robert Flatley
City Attorney: Frank Adler
City Clerk: Wanda Mullikin
PRESENTATIONS
i *Mayor Grace read a list of winners in the Celebrity Cookoff that was held at the I.T. Parker
Community Center.
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} "Fire Administrative Report
} Fire Chief Grammer presented a breakdown of the 303 rescue calls responded to by the Fire
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' Rescue Department in the month of October. Chief Grammer thanked the Commission for
I their ! of the one-tier Rescue System that has been proven as the most cost effective
ucted by Broward County revealed that the City of
system. He advised that a study cond
Dania Fire Department was performing life saving functions at the lowest per capita cost in
Broward County.
REGULAR MEETING 1 NOVEMBER 9, 1993
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'B.S.O. Red Ribbon Awards and Deputy of the Month
Chief Farley advised that the new Mobile Resource Center will be distributing crime
prevention information and the Dania Fire Rescue will provide free blood pressure checks on
November 13 at the Meadowbrook Shopping Center from 3:00 to 7:00 p.m. The new
Citizen's Police Academy will start its first session on January 4th and will run for 13 weeks.
i tista with the October "Deputy of the Month"
Chief Farley presented Deputy Louis Bau
award for his efforts in apprehending three suspects who were wanted for armed robbery.
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Chief Farley mentioned that BSO was involved with Red Ribbon Week and requested Deputy i
Ivan Pato to explain the contest activities that were coordinated with Olsen, Dania
Elementary and Collins Elementary Schools, Chief Farley presented the awards to the
contest winners and plaques to the teachers from each school.
PULLED FROM 'I HE CONSENT AGENDA
Mayor Grace pulled item 1.3 from the Consent Agenda.
1. CONSENT AGENDA
A motion was made by Commissioner Jones, seconded by Vice Mayor Mikes to approve the
I Consent Agenda with the exception of item 1.3.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde- yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
1.3 City Manager Flatley presented the resolution amending the General Fund Budget that
addresses necessary financial adjustments to end the fiscal year 92/93. f
A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to adopt the
resolution amending the General Fund Budget for the fiscal year 1992-93.
The motion passed on the following roll call vote: ' `
Commissioner Bertino - yes Commissioner Hyde- yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
j ITEM 8.2 WAS HEARD AT THIS TIME �.
REGULAR MEETING 2 NOVEMBER 9, 1993
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2. PROCLAMATIONS -none
3. BIDS
3.1 WAS IIEARD AF-I-ER 5.1
3.1 City Manager Flatley mentioned that there have been two bids received for bus
Shelters; Flutie Construction and Patrick Media Group, Inc. Mr. Flatley recommended
Patrick Media Group, Inc. for the contract based on their experience in Broward County, the
quality and style of their bus shelter and expected revenues of$72,000 over a five year period.
Mayor Grace requested to ensure that each shelter is maintained and that the slogans on the
advertisements be appropriate. Mr. Flatley advised that all shelter locations will be approved
by the Commission and that advertisements must follow the criteria for all other cities who
use this company.
I gave a brief overview of the history of
Thomas F. Neville, Manager of Patrick Media Group, g
the company and his opinion that the City will gain revenues of 5180,000 over the period of
the contract. In response to Commissioner Jones' concern, City Manager Flatley advised that i
should the contract terminate by either party within 30 days or more the Company must
remove all existing shelters located in the City of Dania from the date of notice. Mr. Neville
said that phones will be added to some of the shelters for public service, that they must restore
the property to its original condition when the shelters are removed and that the units are
cleaned and maintained each week. Further discussion followed on the type of advertising
mmission should have control. City Attorney Adler stated that
allowed and whether the Co
the City does hold a contract for phones in the City but that the contract is not exclusive of
this type of service. Mr. Flatley stated that a contract would be brought back to the f
Commission for approval '
Commissioner Bertino recommended to amend the bid to provide telephones and to change C
the 4th year to $550 per unit and the 6th year to $600.
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to approve
sr reco
mmended
de d b Comm
issioner
issioner Bertino.
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the bid with the change Y
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The motion passed on the following roll call vote:
Commissioner Bertino - no Commissioner Hyde-yes
Commissioner Jones - yes Vice Mayor Mikes- yes
Mayor Grace - yes
REGULAR MEETING 3
NOVEMBER 9, 1993
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4• PUBLIC HEARINGS -
4.1 (A)City Attorney Adler read the title of the ordinance for second reading amending the
Dania Comprehensive Plan redesigning approximately four and eight-tenth (4.8) acres of land
located on the cast side of SE 5 Avenue between SE 7 Avenue and SE 10 Avenue as requested
by John Ligotti.
Mayor Grace opened the public hearing.
Hearing no comments, the Mayor closed the public hearing.
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A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the
ordinance.
Vice Mayor Mikes felt that the area does not need to be rezoned for this density and should be
developed as a single family development.
The motion passed on the following roll call vote:
Commissioner Bettino - yes Commissioner Hyde- no
Commissioner Jones - yes Vice Mayor Mikes - no
Mayor Grace - yes
I (B) RZ-16-93
f Mayor Grace opened the public hearing on the rezoning ordinance. Hearing no one speak in
favor or opposition, the Mayor closed the public hearing.
City Attorney Adler advised that deed restrictions limiting the number of units will be placed
into the Property Deed when the property is conveyed and that Mr. Ligotti has agreed to this
icondition.
A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the
ordinance rezoning the following described lands to-wit: all of"Amended Plat of Hollywood
Beach Park No. 2" according to the plat there of as recorded in Plat Book 14, Page 51 of the
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Public Records of Broward County.
The motion passed on the following roll call vote:
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Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes- no _
Mayor Grace -yes
REGULAR MEETING 4 NOVEMBER 9, 1993
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~r (C) VC-15-93
Will Allen, Growth Management Director, explained that the vacation is being requested
' because the existing streets and utility casements run east and west off of SE 5th Avenue and
do not bear any relation to the proposed site plan. The site plan does show a dedication of
new streets and utility easements and letters have been received from all utility companies
confirming that there is no public purpose for the streets.
Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the
resolution to vacate road right-of-ways and utility easements as shown on the plat entitled
"Amended Plat Hollywood Beach Park No. 2" with the condition that the vacation does not
take affect until the deed restrictions arc recorded.
y The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde- yes
Commissioner Jones - yes Vice Mayor Mikes - no
Mayor Grace - yes
D) Public Hearing
1) VA-17-93 Waiver of replatting requirement
2) VA-17-93 Allow density of 1.46 units per acre above code (5.0 units allowed)
3) VA-17-93 Allow common open space variance of 26.7% (40% required)
4) VA-17-93 Allow perimeter set-back of 20' (50' required)
Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
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Will Allen, Growth Management Director, recommended to include the following conditions
to the variances:
*That prior to building permit, the emergency ingress/egress and utility easement which is 45'
wide adjoining all of the streets be received;
*That a private road be approved by the City Attorney and recorded to give the City the
proper utility easements for the water and sewer lines;
*That there be a 20' wide roadway, sidewalk, bikepath and utility easement adjacent to the
cast right-of-way line of SE 5 Avenue;
*That there be dedication of 5' along the eastside of SE 5 Avenue to be approved by the City
Attorney and recorded;
*That all variances be subject to recordation of the Deed Restrictions.
REGULAR MEETING 5 NOVEMBER 9, 1993
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A motion was made by Commissioner Bertino, seconded by Commissioner Jones to grant
VA-17-93 with the stipulations as stated above.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - no
Mayor Grace - yes
ITEM 6.1 WAS HEARD AT THIS TIME (SP-23.93 for John Ligoui)
4.2 Mayor Grace confirmed that the present pension plan provides for normal retirement
benefits after 10 years vesting and 55 years of age. City Attorney Adler said that this
ordinance will allow elected officials to vest in 8 years because of the 8 year term limit
requirement and that the only employees affected are the Commission and himself. City
Attorney said that this amendment will cost a one-time $5,000 and that there is no impact to
taxpayers.
Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Commissioner Jones, Chairperson of the General Employees Pension Board, said that since
the reduction in the assumption rate was changed from 8% to 7%, the General Employees
Pension Board of Trustees have requested that the savings in funds be placed on hold and not
used for anything until further studies. The Commission agreed that this is the decision of the
Board. F
A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to adopt the
j ordinance amending Section 18-29.2 of Article III of Chapter 18 of the Code of Ordinances of
the City of Dania, Florida by adding a new Subparagraph (d) thereto to provide that elected
public officials become vested and eligible for retirement benefits upon the completion of
eight (8) years of credited service as an elected public official and complying with other
requirements of said Article III of Chapter 18; and, by amending Section 18-29.1(d)(2) of said
Article III to provide credit for retirement purposes for years served as an elected public
official who subsequent to such service becomes a regular employee of the City.
The motion paused on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - no
Commissioner Jones - yes Vice Mayor Mikes-yes
Mayor Grace- no
ITEM 7.1 WAS HEARD AFTER 4.2
REGULAR MEETING 6 NOVEMBER 9, 1993
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g. CRIZENS' COMMENTS
j 5.1 WAS HEARD AFTER 8.2
5.1 John Bruckner disagreed with the Commission being eligible for a pension benefit
and receiving $424.38 each a month for not using the City's Health
after eight ),cars of service ckner's opinion was that elected positions are part-time and do
Insurance program. Mr. B an
not provide benefits comparable to a steady job. He said that he was unable to find a city who
provides the insurance perk and didn't know why this was allowed when the City is self-
insured and costs exceed $23,000 a year.
The Commission expressed opinions that they receive low salaries in comparison to the job
responsibilities to serve the City as an elected official.
3.1 WAS HEARD AT Tl IIS TIME
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S. SITE PLANS
6.1 HEARD AFTER ITEM 4.1(D)
6.1 Will Allen, Growth Management Director, presented the site plan request by John
Ligotti to allow the construction of 31 two-story single family homes which goes along with
the Public Hearing items under 4.1. Mr. Allen advised that there is a U-shaped road accessing
onto SE 5th Avenue and that the wetlands on the eastside of the property will not be
disturbed as identified by the Army Corps of Engineers. The houses range in price from
$150,000 to s180,000 and are consistent with the adjoining land uses.
j In response to Commissioner Bertino, Mr. Allen confirmed that the sidewalk will be the same
! size when connected to the existing Trafalger sidewalk and that Royal Palm Trees will be
planted in double rows to conform to the Trafalger Queen Palms. Commissioner Bertino
asked if a large canopy tree could be planted on the westside of the fence which would be in
the backyards of the eastern row of homes. Vice Mayor Mikes suggested to plant Queen
Palms instead of Royal Palms to conform with the existing development and to also match the
wall.
Commissioner Hyde stated that he is no satisfied with the drainage plan submitted with the j
development.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve
SP-23-93 with the conditions that Queen Palms will be planted in the swale area to match up
with the existing Queen Palms, that a canopy type tree be planted in the backyard of each
home on the westside of the property and that the wall be compatible in color, texture and
construction with the existing wall.
NOVEMBER 9, 1993 1
REGULAR MEETING
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The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner He
- yes
Commissioner Jones - yes Vice Mayor Mikes - no
Mayor Grace - yes
ITEM 4.2 WAS HEARD AFTER 6.1
7. EXPENDITURE REQUESTS
7.1 WAS HEARD AFTER 4.2
7.1 A motion was made by Vice Mayor Mikes, seconded by Commissioner Hyde to
approve the October invoice from Young Environmental Sciences, Inc. in the amount of
$2,497.50 for airport related services rendered.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
CITY ATTORNEY ADLER ADVISED THE PUBLIC THAT A PRIVATE SESSION
WILL BE HELD AT THIS TIME IN THE CONFERENCE ROOM ADJOINING THE
REGULAR MEETING ROOM TO DISCUSS AIRPORT RELATED ISSUES. A COURT
REPORTER SHALL RECORD A TIME AND TERMINATION OF THE SESSION OF
ALL DISCUSSIONS AND PROCEEDIN S THAT
DURING OCCUR THE NAMES AND THE NAMES
ES OF
ALL PERSONS PRESENT AT ANYT C
PERSONS SPEAKING. NO PORTION OF THE SESSION WILL BE OFF THE
RECORD AND THE COURT REPORTER NOTES SHALL BE FULLY `
TRANSCRIBED AND FILED WITH THE CITY CLERK WITHIN A REASONABLE !
TIME AFTER THE MEETING. THE TRANSCRIPT SHALL BE MADE PART OF THE
PUBLIC RECORDS UPON CONCLUSION OF THE LITIGATION. THIS SESSION
SHALL COMMENCE AT 10:00 P.M. OR SHORTLY THEREAFTER AT THE
! I REGULAR MEETING OF THE CITY COMMISSION WHICH STARTS AT 8:00 P.M.
j BY THE MAYOR ANNOUNCING THE COMMENCEMENT OF THE ESTIMATED
LENGTH OF THE PRIVATE SESSION. AFTER THE PRIVATE SESSION,THE
REGULAR MEETING SHALL BE REOPENED AND THE MAYOR SHALL
ANNOUNCE THE TERMINATION OF THE SESSION.
MAYOR GRACE ADJOURNED THE MEETING AND ESTIMATED THE PRIVATE
SESSION TO BE AROUND 30 MINUTES.
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REGULAR MEETING
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MAYOR GRACE REOPENED THE REGULAR MEETING :\I I"F.R 'I'FIF. PRIVATE
: 1 SESSION.
g, DISCUSSION AND POSSIBLE ACTION
8.1 There was no report on Airport Status
8.2 WAS HEARD AF"ITR I*I'EM 1.3
A.2 Kevin McCabe, Coastal Technology, advised that Pier proposal evaluations have been
conducted on the three finalist in the areas of structural design, construction methodology,
experience and proposed price. The three companies were Dourocher Dock & Dredge,
Murphy Construction and Triten Marine.
Mr. McCabe recommended to select Murphy Construction as the contractor to begin the
initiation process for the design build of the Dania Fishing Pier based on their construction
methodology, their proposal on structural e and the fact that they are a local
elements
contracting firm with over 40 years of marine construction experience. If the Commission
agrees with the recommendation, Coastal Technology would proceed to detail the design
�. development of the structural components, finalize the contract language, refine the dollar
amounts and amenities on the pier to finalize the construction documents and obtain a final
set of engineering drawings suitable for construction and permitting aspects. Mr. McCabe
stressed his confidence in Murphy Construction that a fixed price on the project will be
obtained to eliminate change orders in the,future.
Commissioner Bertino mentioned that several citizens have expressed their opinion that a
ermine whether the pier should be built since taxpayers money is
referendum vote should det
being used for the project. City Manager Flatley said that debt service will be used co pay the
loan back and should be covered by estimated revenues of 5200,
000 a year from the
concessionaire's rent when a restaurant and bait shop are in operation at the pier. Mr. Flatley
stated that the City has been able to get a 5.3% interest rate on a loan through the League of l
Cities. He said that the Deerfield Beach and Pompano Beach Piers appear to be successful and
that the construction of the pier is expected to last around 40 to 50 years. The pier should be
paid off after 20 - 25 years and a sinking fund will be created to take care of the required
maintenance.
Commissioner Jones questioned whether information has been obtained on the involvement
of the SDBE (Small Disadvantaged Business Enterprise) in this project. Mr. McCabe said that
this was a high priority point of review in his evaluations of the contractors and that a
preliminary contact has been received from the SDBE. He reminded the Commission that the
marine construction industry is extremely specialized and not necessary geared for the
minority businesses.
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REGULAR MEETING
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Randy Krop, Murphy Construction, reported that there will be SDBE participants used on
the projtrct; Vitron Electric will be doing all electrical work estimated at $40,000, V & M
Erectors will be doing all of the rebar work and there will be a third SDBE used for the
landscaping and irrigation. Further discussion followed on the high start up costs involved
with using SDBE and the risk involved with this type of construction.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to
authorize the City Manager to begin the final contract negotiations with Murphy
Construction for the Fishing Pier with the explicit understanding that this is not a contract to
build.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - no Vice Mayor Mikes - yes
Mayor Grace - no
Mayor Grace stated that she is voting no to the motion because she feels that a referendum
should be conducted to allow the taxpayers to make the decision to spend this type of money
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since there are so many other projects needed in the City.
{ Commissioner Bertino stated that the loan has been bonded by pledging revenues from the
l pier and that the revenues expected from the pier are non-tax dollars and funds are not being
taken away from other necessary and needed City projects. Vice Mayor Mikes stated that it
has been established several times that piers are generally money makers and that there has
been a loss in the lack of meter and parking revenue at the beach since the pier closed. He felt
that this is a good time to obtain a loan with the current interest rates being so low and that
there is no burden on the taxpayers of the City to restore this landmark.
5.1 WAS HEARD AFTER 8.2
8.3 WAS HEARD AFTER THE SPECIAL SESSION
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8.3 City Attorney Adler mentioned that he has distributed a report to the Commission
citing case law on the question of whether an attendance tax can be imposed on Dania Jai Alai.
Mr. Adler stated that he has also requested the attorney general to issue an opinion regarding <�
the matter and is awaiting a response.
Commissioner Hyde questioned whether the City was still collecting head tax in 1974 when
the ruling was issued in 1971 "no municipality of the state shall hereinafter levy an excise tax
on admission" by Attorney General Opinion No. 071-194-July 12, 1971. Commissioner
Bertino recommended to provide the attorney general with information on the amounts of
head tax paid by Dania Jai Alai on a voluntary basis and regarding the election that was held
by the City that allowed the Dania Jai Alai to be built with this condition. Vice Mayor Mikes
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REGULAR MEETING 10 NOVEMBER 9, 1993
concurred with Commissioner Bertino to provide the information for the attorney general
and let him decide if it is relevant or not.
Kenneth Mac Rae stated that Dania included the head tax (with Jai Alai's approval) into the
ordinance that approved the Jai Alai in 1953. His opinion was that the questwn to the
attorney general is not whether Dania can impose the tax now, but w provide full disclosure
of what was agreed upon with Jai Alai 40 years ago to determine if payment should have
stopped.
The Commission agreed to have City Attorney Adler send all information to the attorney
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general.
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I 8.4 A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to
continue the request by Steve Garrett of 249 South Federal Highway for roof pendants and
spot lights to the December 14, 1993, regular meeting.
Commissioner Bertino suggested to allow anyone in the audience who would like to speak to
ayor Grace declined and felt that Mr. Garrett should be present
this item to come forward. M
jto respond to any questions on the matter.
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The motion passed on the following roll call vote:
Commissioner Bertino - no Commissioner Hyde - yes
Vice Mayor Mikes- yes
Commissioner Jones - yes y
l Mayor Grace - yes I
9. APPOINTMENTS
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9.1 Commissioner Hyde continued his appointment to the Industrial Advisory Board.
j 9.2 Vice Mayor Mikes continued his appointment to the Memorials Committee. i
9.3 Commissioner Hyde continued his appointment to the Cultural Affairs Committee. ,
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10. ADMINISTRATIVE REPORTS
CITY MANAGER
10.1 City Manager Flatley mentioned the items to be discussed at the workshop meeting
scheduled for November 16, 1993, at 8:00 P.M. Mayor Grace requested to include discussion
of occupational licenses for Real Estate Brokers to the workshop.
CITY ATTORNEY -no comments
11 NOVEMBER 9, 1993
REGULAR MEETING
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11. COMMISSION COMMENTS
11.1 Commissioner Bertino
Commissioner Bertino mentioned that the "Red Ribbon" events went real well and expressed
his disappointment with the lack of speakers used in the ISIS Computer demonstration held
November 3 and 4.
Commissioner Bertino allowed Kurt Ely time to speak.
Kurt Ely advised the Commission that Jim Kocourek has been diagnosed with a terminal �.
illness. He requested the Commission to provide a resolution to Mr. Kocourek commending
him for his efforts to improve the Antique Business in Dania and for his efforts to serve on
the Downtown Redevelopment Board .
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt a
resolution for Jim Kocourek for the work that he has done for the City on the boards and for
what he has done with his property in the spirit of making the Downtown Business area a
very viable business area. The motion passed unanimously.
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11.2 Commissioner Hyde - no comments
11.3 Commissioner Jones
Commissioner Jones also mentioned disappointment with the ISIS Computer presentation but
did feel that the meeting was informative to the public.
Commissioner Jones requested to include to the November 16 workshop a status update of
SDBE and cleanup of the Public Works facility.
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11.4 Vice Mayor Mikes
lVice Mayor Mikes commented on the ISIS Computer presentation held at the I.T. Parker
1 Community Center and felt that the most valuable outcome of the meeting was that the City I,
was able to speak with allot of the residents who are directly impacted by the airport
expansion.
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REGULAR MEETING 12 NOVEMBER 9, 1993
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11.5 Mayor Grace
Mayor Grace expressed appreciation to everyone who participated in the Celebrity Cookoff
recently and sod planting for the Nyberg/Swanson house. Mayor Grace presented a plaque to
the City of Dania from Crown Dynasty and Crown Jewel Ships at Port Everglades.
Further discussion followed on the need to keep updated on the progress of the events to be
j scheduled for the City's 90th Birthday Celebration. City Manager Flatley reported that
I banners are going to be placed along US I stating -Dania's 90th Anniversary - 1904-1994"and
I confirmed that the Birthdate is November 4, 1994, Commissioner Jones suggested to schedule '
a running event.
This regular meeting adjourned.
lily)),k.F
Mayor-Commissioner
City Clerk•Auditor
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REGULAR MEETING 13 NOVEMBER 9, 1993 I
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 9, 1993
8:00 P.M.
By iHE CI
ANY PERSON WHO DE IDES ATO APPEAL ANY THIS MEETING OR DECISION
HEARINGDWILLL NEED A RECORD OF THE PROCEEDING IS
S,
ROCEANY MATTER CONSIDERED
AND FOR SUCH MADE WHICH RECED T
ORD SINCLUDESETHE TESTIMONY AND EVIDENCE UPON WHICH THE 0 ENSURE THAT A VERBATIM RECORD OF EA APPEAL
TOSBE
BASED.
)N ON ANY pETMON OR
LOBBYIST REGISTRATION REQUIRED •REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF i
ANY PERSON, FISI
RM O ORDINANCE NON01-93 IS EING PAII REGISTRATION FORM ARE AVA) TO LOBBY THE ISLABLE IN THE CITY CLERKS
ISSUE PURSUANT f
OFFICE IN THE ADMINISTRATION CENTER. {�
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ROLL CALL
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� INVOCATION by Reverend Jean French, Dania United Methodist Church •
PRESENTATIONS • Celebrity Cookoff Awards (Mayor Grace)
• Fire Administrative Report of the Month
• B.S.O. Red Ribbon Awards and Deputy
1. CONSENT AGENDA
Bills
1.1 Approval of bills paid in the month of August
I ResolutionsDANIA, FLORIDA. AUTHO
1.2 NOT TO EXCEED $23 OOO.00 TOFHAZEN AND SAWYER FOR(PROFESSIONAL ENG THE PAYMENT OF A SUM
NEERING
SERVICES RENDERED IN CONNECTION
N ORIAON EFFECTIVE THE DATES CS mASTEWATER SYSTEM
REHABILITATION; AND PR
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1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS GENERAL FUND BUDGET
Y MAKING
FOR THE FISCAL YEAR 1992-93, AND
DEPARTMENTS; AND PROVIDING THAT ALL BRESOLUTIONS OR PARTS OF RESOLUTIONSLINE ITEM CHANGES EN
THE EXTENT OF SUCH CONFLICT; AND PROVIDING
CONFLICT HEREWITH BE REPEALED TO
FOR AN EFFECTIVE DATE." (Staff)
PROV
THE STATE OF
i 1.4 "A REIDA
SOLUTION OF THE
ONMENTALNIA FLORIDA,PROTECTIONAFLORDIAGBOATING IMPROVEMENT n
DEPARTMENT OF
PROGRAM TRI-PARTY RETROACTIVE PROJECT GRANT AGREEMENT BETWEEN THE STATE
EN
OF FLORIDA. DEPARROWARD COUNTY AND
TOMR THEOCON CONSTRUCTION OF A BOAT DOCK (TAL PROTECTION, FBIP PROJECT NO. 3044)
THE CITY OF DANIA F
AT I.T. PARKER COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
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1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA. APPROVING CHANGE ORDER C
SUBMITTED BY M. BONE, INC., RELATING TO CONSTRUCTION OF DOCK AT I.T. PARKER
COMMUNITY CENTER AND AUTHORIZING THE EXPENDITURE OF $3,212.03 TO FUND SAID
CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
2. PROCLAMATIONS
3. BIDS
3A Award of contract for bus shelters to Patrick Media Group, Inc. (Staff)
4. PUBLIC HEARINGS
4.1 Petitioner/Owner - John Ligotti; property located in the 700 block of SE 5 Avenue on the
east side..
A. Public Hearing - Land Use Change
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE DANIA COMPREHEN- '
SIVE PLAN REDESIGNATING APPROXIMATELY FOUR AND EIGHT-TENTH (4.8) ACRES OF
LAND LOCATED ON THE EAST SIDE OF SE 5 AVENUE BETWEEN SE 7 AVENUE AND SE 10
AVENUE, AS MORE PARTICULARLY DESCRIBED AS ALL OF "AMENDED PLAT HOLLYWOOD
BEACH NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
BE ACH PARK
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO KNOWN
AS THE W 112 OF THE NW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 51
{ SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, PROVIDING FOR TRANSMITTAL TO
THE BROWARD COUNTY PLANNING COUNCIL AND THE STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR SEPARABILITY; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
D TO THE EXTENT OF LE
CONFLICT; AND PROVIDING OR AN EFFECTIVE DATERESOLUTIONS IN CONFLICT HEREWITH BE ." (Second O (Staff)
Ordinance Reading) $ CH
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B. Public Hearing - RZ-16-93
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA. REZONING THE FOLLOWING
DESCRIBED LANDS TO-WIT: ALL OF "AMENDED PLAT HOLLYWOOD BEACH PARK NO. 2"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 51 OF THE i
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO KNOWN AS THE W 1/2 OF THE
NW 1/ P 51
UTH,
EAST,48ROWARD COUNTY FLORIDA' SECTION
FROM PRESENT ZON NG CILASSIFIICCAT ON TO RM 42
ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY
OF DANIA, FLORIDA. AS AMENDED; 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." (Second ordinance reading) (Staff)
c. Public Hearing - VC-15-93 - Resolution to vacate road right-of-ways and utility easements
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, VACATING ALL STREETS AND UTILITY
EASEMENTS AS SHOWN ON THE PLAT ENTITLED "AMENDED PLAT HOLLYWOOD BEACH
PARK NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK PAGE
51, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO KNOWN ASS THE W
1/2 OF THE NW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 51 SOUTH,
RANGE 42 EAS
T,
T B RO WARD COU
NTY,
TY FLORIDA, SAID LANDS SITUATE, LYING AND BEING
IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, PROVIDING THAT A
LL
THESOLUTIONS OR PARTS OF RESOLUTIONS IN CNFLICT HEREITH BE R
E EXTENT O SUCH CONFLICT; AND PROVID IN FOR AN EFFECTIVE DATE."
(Staff)
PEALED TO
14
2 I,
E
D. Public Hearing
1 1) VA-17-93 Waiver of replatting requirement
2) VA-17-93 Allow density of 1.46 units per acre above code (5.0 units allowed)
3) VA-17-93 Allow common open space vanance of 26.7% (40% required)
4) VA-17-93 Allow perimeter set-back of 20' (50' required)
4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 18-29.2 OF
ARTICLE III OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA BY ADDING A NEW SUBPARAGRAPH (d) THERETO TO PROVIDE THAT ELECTED
PUBLIC OFFICIALS BECOME VESTED AND ELIGIBLE FOR RETIREMENT BENEFITS UPON
THE COMPLETION OF EIGHT (8) YEARS OF CREDITED SERVICE AS AN ELECTED PUBLIC
OFFICIAL AND COMPLYING WITH OTHER REQUIREMENTS OF SAID ARTICLE III OF
I CHAPTER 18, AND, BY AMENDING SECTION 18-29.1(d)(2) OF SAID ARTICLE III TO PROVIDE {I
CREDIT FOR RETIREMENT PURPOSES FOR YEARS SERVED AS AN ELECTED PUBLIC
OFFICIAL WHO SUBSEQUENT TO SUCH SERVICE BECOMES A REGULAR EMPLOYEE OF
THE CITY; 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." (Second
Ordinance Reading) (Staff)
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5. 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
" (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.
6. SITE PLANS
6.1 SP-23-93 - Site Plan approval is requested by John Ligotti to allow the construction of 31
two-story single family homes. (staff)
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7. EXPENDITURE REQUESTS
7.1 Approval of October invoice from Young Environmental Sciences, Inc. in the amount of
$2,497.50 for airport related services rendered. (Staff)
F .
8. DISCUSSION AND POSSIBLE ACTION f
8.1 Airport Status Report (start) if
8.2 Possible selection of Pier Consultant to begin contract negotiations (Staff)
8.3 Dania Jai Alai attendance tax status report (staff)
I 8.4 Request by Steve Garrett of 249 South Federal Highway for roof pendants and spot lights
(Staff) !
9. APPOINTMENTS
9.1 Appointment of one member to the Industrial Advisory Board
9.2 Appointment of one member to the Memorials Committee
9.3 Appointment of one member to the Cultural Affairs Committee
3 ! -
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j10. ADMINISTRATIVE REPORTS
i City Manager
10.1 Workshop to be scheduled at 6 p.m. on November 16, 1993, to discuss the revision of
building fees, review of City's Annual Report, airport status report, computer projection panel
and overhead projector, occupational license status report, etc.
City Attorney
11. COMMISSION COMMENTS .
11.1 Commissioner Bertino i
11.2 Commissioner Hyde
11.3 Commissioner Jones
11.4 Vice-Mayor Mikes
11.5 Mayor Grace
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AGENDA
DANIA CITY COMMISSION
CITIZENS' COMMENTS
NOVEMBER 9, J993
8:00 P.M.
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CityCommissioners pension & hospitalization plan.
5.1 John Bruckner regarding
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AGENDA
ADDENDUM
DANIA CITY COMMISSION
NOVEMBER 9, 1993
NOT- /O.00 P.Af - AgVUz " /ND NOTICE FOB PAWATF S6SVVN OF PJTY
COAfM/SSION�S AND ArMANNFS A9PMWMJIIO TBS a"IJY ITS P�YDINB
I,ITIO/TIONAW"ST BBOIIrAW COOM"(Am bwAvP)
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REQUEST AND NOTICE FOR PRIVATE SESSION OF CITY COMMISSIONERS AND
THE ATTORNEYS REPRESENTING THE CITY REGARDING PENDING LITIGATION
AGAINST BROWARD COUNTY, SETTING THE TIME AND PLACE OF THE
SESSIONS AND PROVIDING THE MANNER IN WHICH SUCH SESSION SHALL BE
CONDUCTED.
The city attorney hereby advises the city commissioners that he and other attorneys
f representing the city in its legal action against Broward County desire advice from the
city commissioners that will be confined to strategy relating to litigation expense.
The meeting is to be held at 10:00 p.m. or shortly thereafter, on November 9, 1993, in .
{ the conference room adjoining the regular meeting room. A certified court reporter shall
1 record the time and termination of the session, all discussions and proceedings that
occur, the names of all persons present at any time during the session and the names
of all persons speaking. No portion of the session shall be off the record. The court
reporter notes shall be fully transcribed and filed with the city clerk within a reasonable L:
time after the meeting. The transcript shall be made part of the public records upon
conclusion of the litigation.
1 This session shall commence at 10:00 p.m. or shortly thereafter at the regular meeting
of the city commission which starts at 8:00 p.m., by the mayor announcing the
commencement and estimated length of the private session. After the private session,
the regular meeting shall be reopened and the mayor shall announce the termination of
the session.
Frank C. Adler
City Attorney
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