HomeMy WebLinkAboutNULL (517) MINUTES I
DANIA CITY COMMISSION
REGULAR MEETING
OCTOBER 26, 1993
INVOCATION BY ROBERT FLATLEY, CRY MANAGER
PLEDGE OF ALLEGIANCE
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ROLL CALL:
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Present:
I Bobbie Grace
Mayor:
Vice Mayor: Bob Mikes
Commissioners: John Bertino
Bill Hyde
Albert Jones
City Manager: Robert Flatley
City Attorney: Frank Adler
City Clerk: Wanda Mullikin
On behalf of the Commission, Mayor Grace expressed condolences to Vice Mayor Mikes for
the recent passing of his father.
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Mayor Grace informed the public that the Cultural Affairs Committee will have a Celebrity
Center on Friday, October 29, 1993, from 7:00 to
Cookout at the LT. Parker Community
will be participating and distributed flyers for
10:00 p.m. She read a list of individuals who
this event.
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j PRESENTATIONS - none
PULLED FROM THE CONSENT AGENDA
Commissioner Hyde pulled items 1.4, 1.7 and 1.10 and Commissioner Jones pulled items 1.5
and 1.6 from the Consent Agenda.
REGULAR MEETING 1 OCTOBER 26, 1993
1. CONSENT AGENDA
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A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve
the Consent Agenda with the exception of items 1.4, 1.5, 1.6, 1.7 and 1.10.
The motion passed on the following roll call vote:
? Commissioner Bertino - yes Commissioner Hyde - yes
1 Commissioner Jones - yes Vice Mayor Mikes - yes `
i Mayor Grace - yes
1.4 Commissioner Hyde expressed his opposition against the resolution that would j
approve the Local Act as prepared by Broward County relating to annexation and de I
annexation of lands near the airport. Commissioner Hyde felt that the subject properties are
in the path and include part of the area which would be required for any extension of the
South Runway and felt that this may place Dania in a position of not being able to oppose the
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expansion later.
Commissioner Bertino concurred with Commissioner Hyde as he felt that this would make (((
Dania appear that they are approving the runway expansion and felt that the resolution
should be addressed after the Interlocal Agreement is accepted by both parties.
City Manager Flatley said that this resolution was prepared for the first annexation bill
hearing being held on October 27 in Pembroke Pines. He said that the resolution can be
amended anytime between now and December 7 when the second hearing is scheduled.
Vice Mayor Mikes mentioned that the County is not coming to Dania in good faith in terms
of what the potential mitigation proposals might be and since Dania doesn't know where this
will lead that it may not be a good idea to take action on the resolution.
Commissioner Jones expressed his concern that there has not been any decisions made on how
the County' is going to handle the Melaleuca Gardens condemnation and that this resolution
may place Dania in an adverse position.
j City Manager Flatley said that changes can be made to the annexation bill right up to a week
before the passage and that he needed to present the resolution tonight because the Legislative
{ Delegation Session has been moved up to January instead of the spring of the year. The
Interlocal Agreement with the County has not been resolved yet and further negotiations are I
scheduled for Thursday.
A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to continue
this resolution since there is no executed Interlocal Agreement with the County.
REGULAR MEETING 2 OCTOBER 26, 1993 { .;
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City Manager Flatley asked for direction on whether he should address the Legislative
Delegation tomorrow at the public hearing.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - no
The Commission directed Mr. Flatley to be added to the list to speak at the public hearing
tomorrow and to advise the Legislative Delegation of the action to deny the resolution. f
1.5 Tim Tapp, Parks & Recreation Director, said that this resolution will authorize the I
City Manager to submit an application for $49,450 in grant funds under the Florida
Recreation Development Assistance Program for improvements to Dania Beach Park. Mr.
Tapp said that Dania is not required to match funding and that thatched shelters, two f
as, a physical fitness exercise station and a bicycle storage facility will
playground apparatus are
be provided with the funds. Mr. Tapp presented a drawing of the proposed improvements for
J the Commission.
A motion was made by Commissioner Jones, seconded by Vice Mayor Mikes to adopt the
resolution authorizing the City Manager to submit an application for funding under the
Florida Recreation Development Assistance Program for Dania Beach Park.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes f _
Commissioner Jones - yes Vice Mayor Mikes - yes
' Mayor Grace - yes
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1.6 Bud Palm, Utilities Director, requested approval of the resolution extending the
proposal of Madsen/Barr Corporation to install U-liners in manhole sections of the City's i
Sanitary Sewer System in the amount of$239,500. He said that repairs are needed in the D-3
and D-6 districts that were included in the study and for the two areas in the D-1 and D-2
districts that were not recommended for repair. Mr. Palm said that the sewer system has been
l lowered by $100,000 this year because of the repairs and was hopeful that the costs will come
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down by $200,000 next year.
I A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt
` the resolution extending the proposal of Madsen/Barr Corporation to install 8-inch, 10-inch .
and 12-inch U-liners in manhole sections of the City's Sanitary Sewer System and approving
an additional expenditure of an amount not to exceed $239,500.
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ry REGULAR MEETING 3 OCTOBER 26 1993
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The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - ves
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
1.7 A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to
continue the resolution to the next regular meeting authorizing the payment of a sum not to
+ exceed $23,000 to Hazen and Sawver for professional engineering services rendered in
I connection with the City's Waste water System Rehabilitation so that information on how
the invoice was calculated can be presented at the next meeting.
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
' ++ 1.10 Commissioner Hyde felt that the Commission should not be participating in the
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General Employees Pension Plan since the salary for elected officials is so low and since there I
is a term limit now of eight ,years. 1
Vice Mayor Mikes mentioned that the change for vesting from 10 years to 8 years will not
have any cost affect on the City's required contribution and that offering a new buyback
provision will increase the City's contribution by $5,000 for elected officials.
Commissioner Hyde mentioned that in the future he would like to hold a meeting to discuss
j consideration of removing Commissioners entirely from the General Employees Pension
Plan.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the {`
ordinance on first reading amending Section 18.29.2 of Article III of Chapter 18 of the Code
of Ordinances by adding a new subparagraph (d) thereto to provide that elected public k
officials become vested and eligible for retirement benefit after eight years of credited service
and 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.
I The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - no
Commissioner Jones- yes Vice Mayor Mikes- yes
Mayor Grace - yes
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REGULAR MEETING 4 OCTOBER 26, 1993
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2. PROCLAMATIONS - none
3. BIDS - none
4. PUBLIC HEARINGS -
4.1 City Attorney Adler read the title of the ordinance for second reading amending the
Dania Comprehensive Plan redesignating 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.
Dan Oyler, City Planner, explained that the Commission took action by Resolution in May
1990 to transmit the land use amendment to the Department of Community Affairs, State of
Florida and the Broward County Planning Council for review. He said that the surrounding
use is of the same residential density and that staff recommends approval.
j Mayor Grace opened the public hearing.
Hugo Renda objected to changing to RM zoning as he felt that another zoning classification
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could be used for the project. e clarified that he did not oppose Mr. Ligotti's proposed 31
units
John Bruckner opposed the land use amendment as he felt that there are too many proposed
units for the site and stressed his concern for developing on wetlands. He felt that the zoning
should be left to one unit per acre.
Peggy Breeschoten questioned whether part of this property was suppose to be used by the
County for access purposes. For the public, Dan Oyler, City Planner, clarified that about half
of an acre of the Ligotti land has been classified by ONRP and State Agencies of Wetlands as
preserved and will be maintained. The balance of his property closer to 5th Avenue is all
uplands and no wetlands species exist on it. The ten acres owned by the City just to the east is
being purchased by Broward County to be preserved as wetlands and the south property line
abutts the Sheridan Ocean Club.
Rich Jenkins expressed his confusion that staff is saying that the proposed density is going to
i be the same as the surrounding areas and then later in a variance request they are asking for an
increase in density. Mr.Jenkins said that the environmental runoff is being impacted with
imulti-family housing opposed to single family housing.
Will Allen, Growth Management Director, reminded the Commission that the land use plan
change has been continued for a long time and that the change in land use is the same basically
as what is on three sides of the property except for the areas which have been designated as
wetlands with is low-residential (1 unit per acre). The County Land Use Plan has already
REGULAR MEETING S OCTOBER 26, 1993
been changed to allow the 16 units per acre and has been approved by the Department of
Community Affairs. Mr. Allen clarified that the request is not for SO apartments and that he
has been working with the developer to lower the project to 31 homes. The property to the
west of SE 5th Avenue is Townhouse East which has been built at 16 units per acre, to the
a southwest is part of Meadowbrook which is probably around 25 units per acre, to the south is
the Sheridan Ocean Club which is a cluster single family development, a large number of
apartment units and the Watermark Condominiums. To the northwest across SE 5th Avenue
up to 7th Avenue there is single family development with a few exceptions and the only
properties that abut this property are two houses that are isolated from the rest of the
development.
i Keith Selzer, a property owner in the area, said that his house is not the density that has been
represented by Mr. Allen and questioned why the City is allowing the setback requirement
and land use to be changed for this developer.
John Bruckner said again that he was advised by the County that this property is wetlands and
that the density is too high for the quality of life.
Jay Field stressed the need for the Commission to address the drainage problem that will be
created with this development and to listen to the residents complaints of incompatibility.
Joyce Porter opposed the development based on high density for the area. �•
Hearing no further comments, the Mayor closed the public hearing.
er the sign notices for the property were placed in
Commissioner Bertino questioned whether g P �
the proper location which has caused confusion for citizens on exactly where the parcel of
land is located. Will Allen said that the signs were removed and replaced correctly. He j
clarified that the land starts at the north end of the Trafalger Development and across the
street is loth Street which is the border between Meadowbrook and Townhouse East and then
extends north to 7th Avenue where the single family development starts near 4th Court. Mr.
Allen stated that the developer will need to obtain drainage approval from the South Florida
e required to provide pollution basins to
will probably b P P ,
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Water Mana
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protect the wetlands.
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The Commission decided to address 6.4 with this issue.
iIn response to Commissioner Hyde's drainage concerns, Dan Oyler explained that the '
drainage system plan provides that all on-site water will be retained with the proper one inch f
retention required b the South Florida Water Management and will be directly discharged I ^.
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into the wetlands by two outfall pipes that will have ollutant retardant basins to handle all of
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the debris. Mr. Oyler clarified that a Broward County Environmental Consultant analyzed 4 + '
the site and determined what portions were wetlands and Mr. Ligotti was only required to
preserve about 5% of the site for wetlands.
6 OCTOBER 26, IL993 l
REGULAR MEETING '
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City Attorney Adler advised that the City is well within their rights to approve this project as
the land use change has already been approved by the County. He said that the Commission
could require the developer to record deed restrictions on the property limiting what can be
built on the parcels and those covenants would run with the land and are enforceable.
John Ligotti assured the public that the concerns presented tonight have been taken into
account and that his property was never designated as wetlands. He stated that the Army
Corps of Engineers determined by survey what areas were wetlands. Further drainage
information was presented by Charles Buckaloo, Consulting Engineering Services, on the
drainage plan for the development.
Vice Mayor Mikes suggested that a workshop be conducted as there arc so many requests to
address tonight. Mr. Ligotti said that the requests had to be presented as a package because
Dania does not have any zoning code for this type of development and that he is under a time
frame on financing the project.
Dan Oyler advised that the Planning& Zoning Board did recommend approval of all requests
with the condition on the variance for setbacks to plant a row of shrubbery along the
common lot line cast of where the wall ends. Mr. Oyer stated that staff found out later that
the shrubbery was not required on the units at Sheridan Ocean Club and that staff doesn't
care one way or the other on whether the condition is imposed.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Mikes to deny the
ordinance amending the Dania Comprehensive Plan for the land use change requested by John
Ligotti for property located in the 700 block on the east side of SE 5 Avenue.
Commissioner Bertino requested Will Allen to clarify the location of the project in
comparison to some of the homeowners in the area. Will Allen advised that the homes in
question :are catty-cornered from the project and across from these homes will be the
wetlands. Commissioner Bertino said that if the homes are elevated at 8 feet and the wetlands
are 2 feet that there should not be a drainage problem as all water will drain into the wetlands.
He felt that the units will not be cheap and that the project appears to be a quality
development comparable with what exists in the southeast section of the City and didn't
understand the opposition expressed against the development.
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The motion to deny the request passed on the following roll call vote:
Commissioner Bertino - no Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes- yes
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Mayor Grace - no k'
Commissioner Bertino suggested to hold a workshop meeting to discuss this further and City 4
Attorney Adler advised him that since the land use request has been denied that the prevailing 1f7:
side of the vote must ask for reconsideration on the item.
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REGULAR MEETING 7 OCTOBER 26, 1993
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Vice Mayor Mikes said that he is not going to reconsider at this time but would be willing to
allow Mr. Ligotti to meet at a workshop meeting for possible reconsideration. City Attorney
Adler said that a motion to reconsider will have to be made tonight in order to continue the
public hearing.
Mr. Ligotti urged the Commission to reconsider the land use request as six years has been put
into this project to try to build a good development and reminded the Commission that the
Planning & Zoning Board has recommended approval.
A motion was made by Commissioner Jones, seconded by Commissioner Berttno to j
reconsider the Land Use request by Mr. Ligotti at the next regular meeting of November 9th f
so that a workshop meeting can be scheduled in between this date for further information to j
be presented.
Commissioner Jones requested to allow public comment at the workshop meeting.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde- no
Commissioner Jones - yes Vice Mayor Mikes- no
Mayor Grace - yes
Discussion followed on the need for Mr. Ligotti to be prepared to present all drainage
documentation at the workshop meeting in order to address concerns presented by residents
in the area and the Commission.
DUE TO ACTION TAKEN ON ITEM 4.1, ITEMS 4.113 THRU CID WERE ALSO l
CONTINUED TO THE NOVEMBER 9, 1993, REGULAR MEETING.
ITEM 8.1 WAS HEARD AT THIS TIME
4.2 WAS HEARD AFTER 6.1
4.2 City Attorney Adler read the title of the ordinance approving the plat of "UNI. FAB.
j Plat" for second reading.
Will Allen, Growth Management Director, explained that this is a series of plats that have
been brought in by the Broward County Aviation Department and that it involves 1.1 acres
of property located at the Southeast corner of SW 24th Avenue and SW 34th Street. The
property is proposed to be sold to UNI. FAB. Corporation and they will construct a new
facility on the site. The Planning & Zoning Board did recommend approval as it conforms to
land use zoning and platting requirements.
Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
REGULAR MEETING 8 OCTOBER 26, 1993
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A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt
the ordinance on second reading approving the plat of 'UNI. FAB. Plat".
The motion passed on he following roll call vote: _
Commissioner Hyde - yes
Commissioner Bertino - yes Vice Mayor Mikes- yes
Commissioner Jones - yes
Mayor Grace - yes
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S, CITIZENS' COMMENTS
5.1 Commissioner
Bertino e ext advised
vis d that
ar Robert
beg. The Commission ag9eedted to continue his
citizens' Comm
5.2 Kenneth Gordon MacRae submitted a report relating to a "Ten Cent Head Tax" for
n this matter.
to questions o
Dania Jai on thanked Mr.i and MacRae he commission
and said that the respond port would be taken under advisement.
Commis
6.2 WAS HEARD AFTER 5.2
g" SITE PLANS
6.1 WAS HEARD AFTER 8.1
G.l Will Allen, Growth Management Director, presented the Site Plan hrist as request
by Itszak Dickstein to allow al 82Cas°Dania Beach B'ouleng dd`tdioro All Christmas
aid hatPhe sites
Neptune Fireworks facility
ng & 'Coning have recommended approval as the proposed
zoned C-2 and that he Planni
addition complies with City Code. G' '
Mr. Dickstein explained that the tractor trailers parked at the facility are used to store ,
Christmas and Fireworks merchandise and sometimes they are empty. He said that the dead
trees in the front will be replaced and that the sprinkler system is currently being repaired.
as made V approve
A motion
93 to on rucba 5,6227 quarenfooer Hbuilding addition (w ehouse) to he Chriyde, seconded by Commissioner Bertino stmas Place
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ty at 768 East Dania Beach Boulevard.
and Neptune Fireworks Facili '
The motion passed on the following roll call vote:
Commissioner Hyde - yes
Commissioner Bertino - yes Vice Mayor Mikes- no
Commissioner Jones - yes y
Mayor Grace- yes
9 OCTOBER 26, 1993
REGULAR MEETING
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ITEM 4.2 WAS HEARD AFTER 6.1
6.2 WAS HEARD AFTER 5.2
6.2 Will Allen, Growth Management Director, presented the site plan (SP-31-93) request
by Sealand Contractors, Inc. to allow a building addition of approximately 1100 square feet at
2300 State Road 84. He advised that the Planning & Zoning Board recommended approval as
it meets Zoning Code, landscaping and parking requirements.
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A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve
SP-31-93 as requested by Sealand Contractors, Inc.
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 -yes
Mayor Grace -yes
6.3 Will Allen, Growth Management Director, presented the site plan (SP-34-93) request
by Keenan Transport to allow the construction of a truck terminal on the west side of SW 26
Terrace (Tram Road) at I-595. Mr. Allen advised that the request is to construct an 11,340
square foot building and that the south bound right turn lane is required to be constructed off
of Tram Road. The Planning & Zoning Board recommended approval and the 8-inch water
main requirement has been shown on the later version of the plan. He said that permits will �
have to be obtained from the South Water Management District and ONRP on the drainage.
Bob Smith,John B. Smith Engineers, advised that this terminal will be used for dry storage
only. The trucks fuel up at the Port, take the fuel to the independent vendors and come back
empty.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to grant SP-
34-93 as requested by Keenan Transport. l
The motion passed on the following roll call vote:
iCommissioner Bertino - yes Commissioner Hyde- yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace -yes
6.4 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to
continue SP-23-93 as requested by John Ligotti to the November 9, 1993, regular meeting.
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REGULAR MEETING 10 OCTOBER 26, 1993
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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
ITEM 8.2 WAS HEARD AFTER ITEM 6.4
7. EXPENDITURE REQUESTS - none
e. DISCUSSION AND POSSIBLE ACTION
8.1 WAS HEARD AFTER 4.1
8.1 Attorney Ed Curtis advised that plans are in order on the ISIS presentation that will
airport. The Commission agreed that the meeting will be held
show Noise Impact around the
on November 3 at 7:00 p.m. at the I.T. Parker Community Center. Mr. Curtis said that no "
changes have been made in the negotiations with the County and that another negotiation
meeting is scheduled Thursday. He said that he would advise the County that Dania has not
taken any position on the annexation or de annexation issue and that the lawsuit is on hold
currently.
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City Manager Flatley said that the County has been invited iced to attend the noise demonstration
on November 3 and that the sound impact for several Stage Ili aircraft will be presented by
computer for the surrounding neighborhoods.
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Mr. Curtis advised that the Commission must let him know what areas they want
programmed before the ISIS Computer is shipped from Colorado. Commissioner Hyde said
that the noise monitor locations should be used as a guideline on how to program the
computer. Mr. Curtis said that the Commission may want to extend the use of the ISIS
computer for an additional day to get more neighborhoods demonstrated.
Cliff Iacino felt that the magnitude of this demonstration is so great that letters should be sent
out to all residents of Dania notifying them of the demonstration. He encouraged the
Commission to ensure that County Representatives Sylvia Portier, Sue Gunzberger, Lori
Parrish and John Rodstram are in attendance at this demonstration and that the meeting with
the County be held within days of the noise demonstrations. Mr. Iacino stressed the need to
convince the County Commission that Melaleuca Gardens, a single family community, is not
compatible with a 6,000 -9,000 foot runway.
Jay Field, Chairperson for the Airport Advisory Board, felt that the noise meeting may
enswood neighborhood when there is no immediate mitigation
frighten residents in the Rav
purpose for this area. Commissioner Hyde said that the 65 LDN restricted use that has been
REGULAR MEETING 11 OCTOBER 26, 1993
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stressed by the County, is misleading as it does not mean that a 247-200 is not going to be
flying over houses outside the Melaleuca area.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to conduct
a noise demonstration for the Melaleuca Gardens and Ocean Waterway areas on November 3
and the Ravenswood area and the NE section of Dania on November 4 at the I.T. Parker
Community Center at 7:00 p.m.
The motion passed on the following roll call vote:
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Commissioner Bertino - yes Commissioner Hyde - yes
I Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
ITEM 6.1 WAS HEARD AFTER 8.1
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8.2 WAS HEARD AFTER 6.4
j 8.2 Commissioner Hyde requested to discuss the Commission's Health Insurance item at a
I workshop meeting.
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Vice Mayor Mikes mentioned that the cost to hold public office is expensive and that this is a
deserved benefit for the Commission.
8.3 City Manager Flatley recommended for the City to continue negotiations with Lou
Manzella, Seacoast Sanitation, as he didn't feel that the City is in a position to agree with the E
terns as presented in the settlement.
Tile general consensus of the Commission was to continue negotiations with Seacoast.
City Manager Flatley clarified that staff recommendation is to not grant the extension for
Seacoast to provide services in the Griffin area and that Seacoast should pay the full $65,000,
plus the $3,000 and legal fees for Attorney Ryan.
Lou Manzella stated that if Seacoast does not get a three year extension then he will have to goy
i to court. He will pay the S65,000 minus the $9,000 that he feels the City owes and will agree
to S.30 per unit and that the $3 000 was never involved in the mitigation. He said that he ig
cannot comply with the required 500 tons because he does not pickup 500 tons in the City of
Dania :any longer. Mr. Manzella estimated the tonnage at more like 300 and said he would f
take whatever he picks up to the Reuter Plant.
Mr. Flatley advised Mr. Manzella that he would setup a meeting with him shortly.
REGULAR TWEETING 12 OCTOBER 26, 1993
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8.4 Will Allen, Growth Management Director, presented the request to extend the Silo X
Haunted House at 1500 NW 1 Street thru January 2, 1994, and said that the petitioners are
willing to pay the additional Occupational License fees.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to grant the
extension for Silo X Haunted House thty January 2, 1994.
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
9. APPOINTMENTS
9.1 Commissioner Hyde continued his appointment to the Industrial Advisory Board.
ontinued his appointment to the Memorials Committee.
9.2 Vice Mayor Mikes c
9.3 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to
appoint Neil Aronson to the Unsafe Structures Board. The motion passed unanimously.
j 10. ADMINISTRATIVE REPORTS
CITY MANAGER
10.1 City Manager Flatlet/ encouraged the public to get involved in the community project
to fix up the Nyberg/Swanson House on October 30, 1993, which will start at 8:30 a.m.
10.2 City Manager Flatley advised that the three finalists for the reconstruction of the
Dania Pier will be heard at the Workshop Meeting on November 2, 1993, and that the Ligotti
Land Use Change will also be included.
i City Manager Flatley mentioned his dissatisfaction with the dock hardware being used for the
I.T. Parker dock. He said that Vice Mayor Mikes requested to go with stainless steel and that
he may need to bring a change order back on this project at the next regular meeting. The
I Commission agreed to give Mr. Flatley permission to let the work resume and address the (,
issue on November 9.
CITY ATTORNEY - no comments
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REGULAR MEETING 13 OCTOBER 26, 1993
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11. COMMISSION COMMENTS
11.1 Commissioner Bertino
Commissioner Bertino commended Code Enforcement for tearing down the old building
with the wall around it near the C-10 Canal. He recommended to have EPA check the
property for toxic waste materials.
Commissioner Bertino suggested to have the names of the Commission and phone numbers
listed on advertisements that go out from the City.
11.2 Commissioner Hyde
Commissioner Hyde commented on the recent "Red Ribbon" event and encouraged the
supervision of the language used by youth in City sponsored events.
11.3 Commissioner Jones
Commissioner Jones concurred with Commissioner Hyde's comments on the "Red Ribbon"
event and mentioned his tour of the Crime Mobile Unit. Commissioner Jones asked to have {
job notices posted in other City facilities other than City Hall for the benefit of residents.
City Manager Flatley updated the Commission on improvements being made to the Public
Works Compound and Commissioner Jones asked for lots to be mowed on NW 14th Way,
NW 2 Street, and 14th Court near 13th Avenue.
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11.4 Vice Mayor Mikes
Vice Mayor Mikes suggested for the Commission to consider supporting Senate Bill 1650
sponsored by Senator Weinstein and co-sponsored by Senator Foreman.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt a
resolution supporting the passage of Senate Bill 1650 creating the statewide managed care
Ombudsman Committee jointly sponsored by Senator Peter M. Weinstein and Seantor
Howard Forman.
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
Vice Mayor Mikes thanked everyone for their condolences in the recent passing of his father.
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REGULAR MEETING 14 OCTOBER 26, 1993
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11.5 Mayor Grace
Mayor Grace commented on the -Red Ribbon- event and thanked City Attorney Adler for
representing the City of Dania at "Pioneer Days' held on October 23 and 24. City Attorney
Adler said that he is trying to have Pioneer Days held in Dania next year for Danii s 90th
Birthday Celebration.
Mayor Grace reminded the public that the ribbon cutting ceremony for the Graves Museum
will be held tomorrow at 4:00 p.m. and that the Governor will be in attendance. She asked
j City Manager Flatley to give Tony Discotta a call at phone #922-3336 regarding break-ins that
having been ongoing.
Mayor Grace commented on her efforts to attend as many events as possible on behalf of the
City and that it is impossible to get to all of them sometimes. She mentioned the need to
address the trash and debris problem in the southwest section of Dania.
Commissioner Jones mentioned that a decision was made in the Jennings case that
Commissioners cannot discuss rezoning issues with citizens. j
This regular meeting adjourned. �
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Mayor-Commissioner
City Clerk-Auditor
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REGULAR MEETING 15 OCTOBER 26, 1993
7.
AGENDA
DANIA CITY COMMISSION I
REGULAR MEETING 1
OCTOBER 26, 1993
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 VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED -REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF
ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR
ISSUE, PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE IN THE ADMINISTRATION CENTER.
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ROLL CALL
INVOCATION
PRESENTATIONS
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1. CONSENT AGENDA
Minutes
1.1 Workshop meeting of September 21
1.2 Regular meeting of September 28 & continued to September 29
1.3 Regular meeting of October 12
Resolutions
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LOCAL ACT AS
PREPARED BY BROWARD COUNTY RELATING TO ANNEXATION AND DEANNEXATION OF
I LANDS AS DESCRIBED THEREIN, AND AUTHORIZING THE CITY MANAGER TO PRESENT
PUBLIC
ON LOC
HEAL BILLS B
LID ON OCTOBER 27 IN PEMBROKE P NES;E TO THE LEGISLATIVE DELEGATION ATI TS AND PROV D NGING FOR AN EFFECTIVE DAOTE." I
j (Staff)
1.5 "RESOLUTION OF THE CITY OF DANIA, FLORIDA. AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR FUNDING UNDER THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM FOR DANIA BEACH PARK; DESIGNATING THE CITY
MANAGER OR HIS DESIGNEE AS THE OFFICIAL LIAISON AGENT; CONFIRMING THE I-
AMOUNT OF FUNDS REQUESTED IN THE GRANT; CONFIRMING THE TOTAL COST OF THE
PROJECT; CONFIRMING THE CITY'S RESPONSIBILITY TO DEVELOP, OPERATE AND
MAINTAIN THE PROJECT; CONFIRMING THAT THE CITY OFFERED ALL CITIZENS THE
CESS RELATIVE TO THE ADOPTION
OPPORTUNITY TO PARTICIPATE IN THE PLANNING PRO
OF THE RECREATION AND OPEN SPACE ELEMENT; CONFIRMING THE CITY'S ON-GOING
CONCERN FOR CITIZEN PARTICIPATION IN PLANNING AND ELECTION OF RECREATION
PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
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1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, EXTENDING THE PROPOSAL OF r
MADSEN/BARR CORPORATION TO SUPPLY LABOR, EQUIPMENT AND MATERIALS TO
INSTALL 8-INCH, 10-INCH AND 12-INCH U-LINERS IN MANHOLE SECTIONS OF THE CITY'S
SANITARY SEWER SYSTEM AND APPROVING AN ADDITIONAL EXPENDITURE OF AN
{ AMOUNT NOT TO EXCEED $239,500; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE PAYMENT OF A SUM
NOT TO EXCEED $23,000.00 TO HAZEN AND SAWYER FOR PROFESSIONAL ENGINEERING
SERVICES RENDERED IN CONNECTION WITH THE CITY'S WASTEWATER SYSTEM
REHABILITATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Staff)
i 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AND ACCEPTING FIRST
1 MUNICIPAL LOAN COUNCIL'S CAPITAL FINANCING ASSISTANCE PROGRAM TO PROVIDE
- THE FINANCING FOR THE CONSTRUCTION OF THE CITY FISHING PIER WHICH INCLUDES
THE PROPOSAL OF WILLIAM R. HOUGH & CO. TO SERVE AS INVESTMENT BANKER TO THE
CITY AND THE PROPOSAL OF FOLEY & LARDNER TO SERVE AS BOND COUNSEL; AND
PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA AUTHORIZING THE CITY MANAGER TO
CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN i
THE AMOUNT OF $12,677.20; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
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DATE." (Staff)
Ordinances
1.10 "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
I 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; 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) (Staff)
2. PROCLAMATIONS
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3. BIDS
4. PUBLIC HEARINGS
4.1 Petitioner/Owner- John Ligotti; property located in the 700 block on the east side of SE 5
Avenue
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 PARK NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
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14, PAGE 51, OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA, ALSO KNOWN
AS THE W 1/2 OF THE NW 114 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
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH I .
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (First ordinance Reading) (Staff) f
B. Public Hearing - RZ-16-93
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING j
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 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 f
EAST, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO RM-2 f
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 4
EASEMENTS AS SHOWN ON THE PLAT ENTITLED "AMENDED PLAT HOLLYWOOD BEACH
PARK NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE
51, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO KNOWN AS THE W
I 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 EAST, BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING
IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; 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." (Staff)
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) I
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)
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4.2 Petitioner - McLaughlin Engineering; Owner - Broward County; property located on the SE
corner of SW 24 Avenue and 34 Street 1
Public Hearing - PL-28-93
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "UNI. FAB. '
PLAT', SAME BEING: THE WEST 125 FEET OF THE NORTH 210 FEET OF THE SOUTH 410 i
FEET OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 20, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, TOGETHER WITH THE EAST 110 FEET OF THE WEST 235 FEET OF THE
NORTH 210 FEET OF THE SOUTH 410 THE SW FEET OF THE SAID NW 1/4 OF THE SW 1/4 OF -
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1/4 OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS ALSO KNOWN AS
A PORTION OF THE W 1/2 OF LOT 10, "REED A BRYAN'S SUBDIVISION OF SECTION 10,
TOWNSHIP 50 SOUTH, RANGE 42 EAST', ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 101, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD
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COUNTY, FLORIDA, AND CONTAINING 1.1329 ACRES, MORE OR LESS; AND ACCEPTING
THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN !
ON SAID PLAT OF "UNI- FAB. PLAT ; 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)
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.
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5.1 Robert J. Reynolds
6. SITE PLANS
6.1 SP-29-93 - Site Plan approval is requested by Itszak Dickstein to allow a 5,627 square foot building
addition to the Christmas Place and Neptune Fireworks facility at 768 East Dania Beach Boulevard.
(Staff)
6.2 SP-31-93 - Site Plan approval is requested by Sealand Contractors, Inc. to allow a building addition
of approximately 1100 square feet at 2300 State Road 84. (Staff)
6.3 SP-34-93 - Site Plan approval is requested by Keenan Transport to allow the construction of a truck
terminal on the west side of SW 26 Terrace (Tram Road) at 1-595. (Staff) !
t 6.4 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
8. DISCUSSION AND POSSIBLE ACTION
8.1 Airport status report. (Staff)
8.2 Health Insurance for City Commissioners. (Comm. Hyde)
8.3 Seacoast Sanitation settlement negotiations. (Staff)
8.4 Request to extend Silo X Haunted House at 1500 NW 1 Street. (Staff)
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1 9. APPOINTMENTS
9.1 Appointment of one member to the Industrial Advisory Board.
I 9.2 Appointment of one member to the Memorials Committee.
9.3 Appointment of one member to the Unsafe Structures Board.
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1 10. ADMINISTRATIVE REPORTS
City Manager
10.1 Reminder of "Old House Needs a New Look" on Saturday. October 30 (8:30 a.m.)
10.2 Workshop requested for Tuesday. November 2 (8 p.m.) to hear from the three finalists for the
reconstruction of the Dania Pier.
City Attorney
11. COMMISSION COMMENTS
11.1 Commissioner Bertino
11.2 Commissioner Hyde
11.3 Commissioner Jones
11.4 Vice-Mayor Mikes
11.5 Mayor Grace
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