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HomeMy WebLinkAboutNULL (517) MINUTES I DANIA CITY COMMISSION REGULAR MEETING OCTOBER 26, 1993 INVOCATION BY ROBERT FLATLEY, CRY MANAGER PLEDGE OF ALLEGIANCE i � f ROLL CALL: i 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. i 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. i 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 i 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 • 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 { .; I— � . 01 -77 s 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 i 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 t 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. - y-,e f' ry REGULAR MEETING 3 OCTOBER 26 1993 .. . � n.. •.y y . ... - .gib ice{;. .._ .�. �—. , ..�� — _ YT'r -. . I{ µ Y I 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 , i 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 .j i REGULAR MEETING 4 OCTOBER 26, 1993 , _. _ Z , , f 1. 1 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 H 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 , ' rict and q Dist me nt Y Water Mana gement P s protect the wetlands. i 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 ^. of q Y into the wetlands by two outfall pipes that will have ollutant retardant basins to handle all of P E 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 ' r ;"I f,=: 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. i u 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 N 1 4f 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. Yk REGULAR MEETING 7 OCTOBER 26, 1993 P . 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 L= 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 . I I , 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 S P 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 _ t i• t 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. I 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: t 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. I REGULAR MEETING 10 OCTOBER 26, 1993 t Ti. 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. i 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. I 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 1. ' 1 1 l i 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: i 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 � 1 . 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. j 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 f t 4 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 (p ' l REGULAR MEETING 13 OCTOBER 26, 1993 N - - -- ` q2 ;i ' I i 1 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. i 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. r ' REGULAR MEETING 14 OCTOBER 26, 1993 ` 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. � 1 � 1 Mayor-Commissioner City Clerk-Auditor I 1 i F y . , j i 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. j ROLL CALL INVOCATION PRESENTATIONS 5 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) r . 71 1 F zzi " 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 i 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 i 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 2 mllr + T { I ` \:N .a.Y/ ,� � _ 4.P 3 .(_.`. A A.ry Qm'._A.�/S `[✓.w_d,. .AII �`.)�i`� 1�\:PNMI9'K\.N S, i .. .. 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) f 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 - _ 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 3 w' ' e , 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. i 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) t 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) I . 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. is f 4 :mow -77 er. � o- r � 4 t t W I 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 i•� i 5 I i . . r . � `' .:�:: I ..,,,f,:.. : 1 i i i Id �.i� r ` �S h� x� _.� -.r�;tn ��,.,�,4 i I � : r�-�. s`- .�, -' � ,;; _ � -..T_ - _ ,_. _._ter �._._-�� .aeF •�_ � `�i�T /�y ..i �; - � � Tr.�.h.._._. .Y +i f G .1M �'i��^� ✓1�06+F+1'� S K. � it 4'hlYY�y:tH�CTK�'� �ti:��� - . .i .. c y ' • ... � ._ ". - ,..� .. _ _