Loading...
HomeMy WebLinkAboutNULL (285) MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 14, 1989 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE i ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Anthony Stevens City Attorney : Frank Adler City Manager: Robert Flatley City Clerk : Wanda Mullikin PRESENTATION: By Berry & Calvin on proposed Dania Sewer Infiltration Program Don Windham, Engineer, addressed costly infiltration problems , presented a sewer rehabilitation proposal, and suggested that it be done on a five year rotating program. City Manager Flatley asked permission to look into it and bring back figures on the cost of the program, how it would be funded and what kind of savings ° it could bring. w- A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to direct the City Manager to go ahead and get price estimates and report back as soon as possible . The motion passed unanimously. r * (At this time, 8: 15 p.m. , Agenda Item 3. 1 was addressed. ) 1. CONSENT AGENDA Minutes a 1 . 1 November 8, 1988, regular meeting j 1 . 2 November 22, 1988, regular meeting 1. 3 December 13, 1988, regular meeting 1. 4 January 10, 1989, regular meeting 1. 5 January 24, 1989, regular meeting Resolutions 1. 6 The title of a Resolution of the City of Dania amending its E budget for the fiscal year 1988-89 by making line item changes between departments was read by City Attorney Adler. 1. 7 The title of a Resolution authorizing the City Manager to contract for the emergency purchase of services, in an amount not to exceed $28, 010. 85 and materials and supplies not to exceed $7, 660. 00 for the repair and reconstruction of the Dania Fishing Pier, without competitive bidding and without j advertisement for bids was read by City Attorney Adler. a ** 1. 8 City Attorney Adler reported the need for advertisement of this resolution and recommended that it be continued. i JOrdinances ( first reading ) 1 1 . 9 The title of an Ordinance amending Section 1, Article 4, Part XII , of the City Charter by adding a subparagraph ( f ) thereto to provide that amendments, modifications, extensions and renewals of a lease exceeding twenty ( 20 ) years must be approved by a four—fifth vote of the members of the City Commission was read for first reading by City Attorney Adler. ' � I Regular Commission Meeting 1 February 14, 1989 3 ' ) i I A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the consent agenda with the exception of item 1. 8 which was continued. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 1. 8 A Resolution of the City of Dania vacating that certain 12. 4 j foot wide alley beginning at the west right-of-way line of SW 7 I Ave. and located between the eastern property line of Lots 6 and 7 of Henry Park Subdivision, and extending westward between Lots 13 and 16 of the George M. Phippen unrecorded subdivision to the east right-of-way line of SW 8 Ave. ** A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue the vacation resolution until the next regular meeting of February 28, 1989. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes j Commissioner Stevens-yes 2. PROCLAMATIONS j 2. 1 Mayor McElyea proclaimed February 17-25, 1989, National Engineers ' Week. i 2. 2 Mayor McElyea proclaimed March 5-11 , 1989, Save Your Vision Week. 3. BIDS (8: 15 p.m. ) ! s . 3. 1 Receipt of bids for the resurfacing of five tennis courts . * A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to close the time for receipt of bids. The motion carried. City Manager Flatley opened the sealed bids received from McCourt Construction of Miami $12, 500; Fast Dry Corp. of Pompano $10, 000 ; Budge Tennis Corp. of Miami $14, 000; and Agile Courts Construction of Miami $16, 500. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to refer the bids to the City Manager for computation and recommendation at the next regular meeting . City Manager Flatley was directed by Commissioner Bertino to include in his recommendation information on where the money for this project will be coming from. The motion carried. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS i Growth Management 4. 1 Petitioner/Owner: Steven Bradley; property located at 54 SE 13 Terrace i PUBLIC HEARING - VA-02-89 - following variances are requested to allow the 1 construction of a single family structure: (a ) 44 ' lot width ( 50 ' required ) ( b) 4200 sq. Et. lot ( 6000 required) (c) 20 ' front setback (25 ' required ) (d ) 5 ' street side yard setback ( 15 ' required ) Tom Gili , Architect, stepped forward to explain the need for variances to enable the construction of a two story colonial type house in the same location as the old house that had been there before which had been built with no foundation. Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Regular Commission Meeting 2 February 14, 1989 f ^j I rA motion was made by Vice Mayor Cook, seconded by Commissioner li Stevens to grant all parts (a ) , (b ) , (c) and (d ) of the variance request (VA-02-89 ) . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Administrative Ordinances (second & final reading ) j 4. 2 The title of an ordinance annexing to the City of Dania certain properties described as the north 70 feet of the south 280 feet of Tract 16, Seaboard Farms was read for second and final reading by City Attorney Adler. (Owner: Russo Associates , Inc. ) Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes i Commissioner Stevens-yes 4. 3 The title of an ordinance annexing to the City of Dania certain properties described as the north 140 feet of the south 420 feet of Tract 16, Seaboard Farms was read for second and final reading by City Attorney Adler. (Owner: Russo Associates, Inc. ) Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes i 4. 4 The title of an ordinance annexing to the City of Dania certain properties described as Lot 3, Block 4, of Section 29, Township 50 South, Range 42 East, of Marshall Everglades Land Co. Plat of I Sections 28, 29, 31 and 32, less the south 25 feet and less the right-of-way for Ravenswood Rd . a/k/a Tract 3 in Block 4 of the Subdivision of Section 29, Township 50 South, Range 42 East, less the south 25 feet, less the east 35 feet, and less the right-of-way for Dania Cut-Off Canal was read for second and final reading by City Attorney Adler. (Owner: P.S. Marinas Euro-Partnership Ltd. ) Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes { Commissioner Stevens-yes At this time, the operators of the marina on this property which i is located across from the Rustic Inn who also operate Harbour Towne Marina were welcomed into the City of Dania. 4. 5 The title of an ordinance annexing to the City of Dania certain fI 1 properties described as that portion of the north 165 feet of I the NE 1/4 of the SE 1/4 of the SE 1/4 of Section 20, Township r� 50 South, Range 42 East, Broward Count Fl y, . lying west of the a Regular Commission Meeting 3 February 14, 1989 f i' i� west right-of-way line of relocated Ravenswood Road, as shown on the Florida D.O.T. 's right-of-way map, Section 86095-2405, sheet 4 of 19, last dated December 3, 1985, was read for second and I final reading by City Attorney Adler. (Owner: Rosie L. Nell ) Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. I A motion was made by Commissioner Stevens, seconded by I Commissioner Bertino to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 6 The title of an ordinance annexing to the City of Dania certain properties described as the NW 1/4 of the SE 1/4 of the SE 1/4 j of Section 20, Township 50 South, Range 42 East, less the south 470 feet and less the west 535 feet, a/k/a a portion of Lot 10, Reed A. Bryan 's Subdivision was read for second and final reading by City Attorney Adler. (Owner: Salvatore Romanelli ) i j Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to adopt the ordinance on second and final i reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes �. Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 7 The title of an ordinance annexing to the City of Dania certain properties described as the east 100 feet of the west 535 feet, less the south 470 feet of the NW 1/4 of the SE 1/4 of the SE 1/4 of Section 20, Township 50 South, Range 42 East, also known i as a portion of Lot 10, Reed A. Bryan 's Subdivision was read for second and final reading by City Attorney Adler. (Owner: Ronald J. Gatto) Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 8 The title of an ordinance annexing to the City of Dania certain properties described as the east 100 feet of the west 535 of the i north 210 feet of the south 410 feet of the NW 1/4 of the SE 1/4 of the SE 1/4 of Section 20, Township 50 South, Range 42 East was read for second and final reading by City Attorney Adler. j (Owner: Ronald J. Gatto, Sr. and Ronald J. Gatto, Jr. ) ff Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. ' i A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes y Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes I 5. SITE PLAN REQUESTS - none Regular Commission Meeting 4 February 14, 1989 s F.. i I 6. EXPENDITURE REQUESTS 6, 1 Request to expend $6, 011 . 17 to finish sodding Frost Park athletic fields. Funds to be transferred from contingency. Michael Smith explained the request to complete the Frost Park sodding project being done with the help of the Dania Optimists . He said this will provide three good fields for the youth i athletic program the Optimists run. i A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to authorize the expenditure of $6, 011. 17 to finish the Frost Park sodding project. Mayor McElyea said he realized how important ensuring the safety of the children is but expressed concern about the city 's finances. City Manager Flatley explained that since no capital funding was budgeted, capital projects have contingency but assured the Mayor that funds twerem putout inof contingency in anticipation of capital needs during the budget year. Commissioner Stevens pointed out that a great deal of money has been saved by the Optimists providing the much of the equipment. labor and Mayor McElyea offered his help in transporting the sod if needed. The motion then passed on the following roll call vote: � i { Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 7. SPECIAL REQUESTS 7. 1 Value Rent-A-Car requests a one year extension for a temporary �! trailer at 1030 Taylor Rd . Ed Elwell, representing Value Rent-A-Car, requested an extension of the temporary trailer permit, explaining that their construction schedule was delayed because they did not receive approval from the Federal Aviation Administration until December. He said the building ued by th January 20th and he anticipated completion ofsconnsttructionity in on September, 1989. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to grant the request. During discussic . Commissioner Bertino suggested that the extension be granLed for six or seven months instead of a year. Mr. Elwell described the problems involved due to the increased size of the building. The motion was then amended by Commissioner Hirsch, seconded by Vice Mayor Cook to grant the one year extension for the temporary trailer, with the understanding that upon completion, if earlier than one year, the trailer will be removed. The motion passed on the followin g roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 7. 2 Request authorization to release builder escrow funds to Mr. Gerald Smilen for the construction of an alley in Town and a Country Estates, Section 1 , Block 4. City Manager Flatley requested per agreement at 22, 1988, regular meeting, rization o dva c the November Smilen the $11 , 000 in bond money collecctedby the city.e toMrHe reported that of the total $19, 000 cost to build the alley, estimated by the City Engineer, $2, 000 was Mr. Smilen 's shares { and letters have been sent to the other builders to collect the remaining $6, 000. try to i Regular Commission Meeting 5 February 14, 1989 �I City Attorney Adler reported that he has advised Mr. Smilen that 1 the city has no legal basis on which to collect the $6, 000 and if the city fails to collect the money voluntarily from the builders involved, Mr. Smilen cannot hold the city liable for payment. Commissioner Hirsch asked City Attorney Adler to notify Mr. Smilen in writing that the city accepts no legal obligation for payment of the remaining $6, 000. I A motion was made by Commissioner Stevens, seconded by Commissioner Hirsch to authorize the release of builder escrow funds to Mr. Gerald Smilen for the alley construction, with the understanding that Mr. Smilen is notified that the city is not responsible for the uncollected balance. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes { 8. APPOINTMENTS 8. 1 Three members to the Unsafe Structures Board (the terms of Sam Jolly, Plumber and Alan Gabriel, Attorney, have expired and George Hewlett, General Contractor has resigned ) A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to appoint Frank Hill , General Contractor to the Unsafe Structures Board. A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to reappoint Sam Jolly, Plumber to the Unsafe Structures Board. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to appoint Harry Hipler, Attorney to the Unsafe Structures Board. i The three motions passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 8. 2 One member to the Code Enforcement Board (the term of Harvey Darcy, in lieu of an architect, has expired ) A motion was made by Commissioner Stevens , seconded by Vice Mayor Cook to appoint Robert Zeller to the Code Enforcement Board. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 9. DISCUSSION 9. 1 Annexation Bill amendment. City Manager Flatley presented for Commission approval the j proposed annexation bill to be submitted to the Broward Legislative Delegation for approximately 178 acres to come into the City of Dania that is zoned and land used as industrial lands. He said the area bounded on the north by State Road 84, on the east by Ravenswood Road, on the south by 39th Street, and west by the Alandco border, would mean quite a bit of new tax base for the City of Dania. i City Manager Flatley reported local delegates have indicated that they will support the City of Dania in attempting to have this passed as its annexation bill . The Commissioners , though disappointed at having to pull back I ' from the Alandco property, were favorable to this proposal and expressed optimistic views. Regular Commission Meeting 6 February 14, 1989 City Manager Flatle i y nvited attendance at the public hearing on the annexation bill scheduled -for 4: 00 p.m. at Hollywood City Hall on February 23, 1989. i 9. 2 Dania pistol range g proposed lease with the F.O.P.A. j (Commissioner Bertino) Bill Winkelholtz, F.O. P.A. President, explained that the F.O.P.A, would like to resume its former activity of conducting gun safety courses, stated that B.S.O. will supply a range Officer, and asked the Commission to consider renting the pistol range off Stirling Road to the F.O.P.A. Commissioner Bertino commented on the importance of educating people on the proper use of firearms. Speaking in favor of entering into the lease, Commissioner Bertino recommended some conditions be stipulated in the resolution: the range must be brought up to National Rifle Association range standards ; all agreements that have been in effect in the past dealing with that firing range should also be carried over in this lease; it should be required that a firearms safety class be provided by the F.O. P.A. as a mandatory condition of the lease; the range should be made available to qualified citizens and organizations of Dania ; all improvements shall be paid for by the lessee. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook that City Attorney Adler meet with Mr. Winkelholtz and B.S.O. Captain Hernandez to work out the details and return to the Commission. The motion passed on the following roll it call vote: Commissioner Bertino-yes Y Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes i Mr. Winkelholtz said they would like to laminate their membership cards as had been done in the past, and was told by B.S.O. that the laminating machine the original Dania Police used was in the City 's possession. Mayor McElyea questioned the whereabouts of that machine as well as other equipment that was retained by the City. City Manager Flatley reported that some items have been moved to the garage in preparation for an s.edv auction, and was directed by Mayor McElyea to take an inventory. 9. 3 Coast Guard Auxiliary proposed lease of the I.T. Parker Community Center. (Commissioner Bertino) Commissioner Bertino, Chairman of the Civic Center Committee, reporting that the members of the Coast Guard Auxiliary want to use the I .T. Parker Community Center for their monthly flotilla meetings and also have offered to provide boating safety classes and free boat inspections, made a motion to allow them the use of the Center and waive all the fees . The motion was seconded by Vice Mayor Cook . During discussion, an Auxiliary member expounded on the work the volunteer organization does in education, inspection and search and rescue and suggested flying the Auxiliary flag with a City of Dania flag on the water side. Commissioner Bertino responded to questions raised by Commissioner Stevens and Mayor McElyea on ! the fairness of waiving the fees for this organization and not others by pointing out that this is a branch of the not a social organization. Vice Mayor Cook expressed her government, feeling that the fee waiver is appropriate in this instance andthat the } more thansery repaye hat w ill the $25. 00 abmonth. Mayor McElyea 'seconcerns f were answered by reaching agreement that boat inspections could be made at the back of the ramp as they come in, but not at the , north dock facility right in front of the center. Regular Commission Meeting February 14, 1989 After discussion, Commissioner Bertino amended his motion to 1 include Vice Mayor Cook 's suggestion that the details of the lease be worked out with the City Attorney and City Manager. i The motion then passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 9. 4 Set fee for one-day auctions for businesses not holding Dania occupational license. City Attorney Adler reported that the current license fee is $375. 00. i A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to raise the fee to $500 . 00. Mayor McElyea commented in opposition. Commissioner Stevens, agreeing with the Mayor that $500. 00 seems too high, suggested that the City Manager check and compare it with the fee charged by other cities. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-no Commissioner Stevens-no 10. CITIZENS ' COMMENTS 10. 1 Request by Kathy Kelly to address the Commission regarding the lake owned by Michael L. Thomas. Kathy Kelly commented on problems pertaining to the truck movement on the Thomas parcel at the lake on Bryan Road. She described the situation of up to twenty trucks moving fast along dirt roads spilling debris and reported that several residents of the mobile home park had to go to the hospital because of the dust created . Mrs . Kelly asked the Commission to do what is best for the health and welfare of the Dania residents within the area of the lake. Commissioner Hirsch suggested enforcement of state law regarding proper truck covers . Commissioner Stevens said the sweeper should also be curbed. Mayor McElyea said he has already called the D.O.T. and had an inspector sent out there . Vice Mayor Cook expressed gratitude to Captain Hernandez for dispatching motorcycle policemen to the area in response to her call about the speeding trucks. Captain Hernandez reported on what is being done to protect the citizens and pledged the full cooperation of the B.S.O. Ron Coddington, a representative of one of the trucking firms supplying the fill for the Thomas lake, stepped forward to respond to the complaints. He estimated it would take approximately fifty days to complete the 30, 000 trips necessary and said they are working very closely with B.S.O. and Port Everglades security and with D.O.T. in Port Everglades . He said he now understood the residents ' concerns and promised to do everything possible to alleviate their problems. i I I The deterioration of Bryan Road and Griffin Road was also j discussed, and City Manager Flatley was directed to work with { City Attorney Adler and get a bond posted to ensure that those roads will be repaved when the job is completed. 10. 2 Request by Dr. David Preacher to address the Commission regarding the airport noise. q Dr. Preacher reported the approval of the airport plans to expand both runways, construct a noise barrier and add twenty boarding gates and a 3, 000 car parking garage. He asked the City Commission to protect its citizens and challenge the County Commission and Airport Authority to get a guaranteed curfew from ii Regular Commission Meeting 8 February 14, 1989 8 11: 00 p.m. to 7: 00 a.m. to be in effect by May loth, when they � start to use 1331 continuously for an estimated 75 days . He also asked for a birm or sound deflector in the southeast corner of the airport. Commissioner Bertino asked the City Manager to agenda the curfew for the next meeting and have the City Attorney work out all the strategies to set down the city 's posturing and steps necessary to force an imposed curfew. Jim Reynolds, of the Broward Aviation Department, apologized for any inconveniences that will be caused in those 75 days, but explained that they are unavoidable and described the steps taken to keep them at a minimum. Mr. Reynolds said, due to the fact that this is one of the key airports in the country, having interconnect flights with 22 other airports and is also the only airport in Broward County that has air carrier operations, they need to operate on a 24 hour basis. I � Asked by Commissioner Hirsch if they would be willing to cooperate with the citizens and grant some shutdown time, Mr. j Reynolds said he would pass that request along to the Aviation Department Director, Mr. Godfrey. Commissioner Hirsch suggested that the City Manager and City Attorney compose a letter requesting consideration of a curfew to be directed to Mr. Godfrey. Commissioner Stevens suggested that the City Manager research other major airports and include a list of those that enforce a curfew in the letter. Commissioner Bertino agreed that such a letter should be sent, but said he still wants the City Attorney to present a definitive outline of the City 's legal position on the issue at the next meeting. 11. ADMINISTRATIVE REPORTS w- 11. 1 City Manager Flatley asked for Commission direction regarding appearing before the County Commission on Monday, February 27th, on behalf of the City as the owner of the 10 acres in West Lake subject to the new ordinance for environmentally sensitive lands. Growth Management Director Leeds described the tracts of land that will be considered by the County Commission. He explained n.r.a. (natural resource areas ) and e.s. l . (environmentally sensitive lands ) or l .a.p.c. ( local areas of particular concern) categories. With regard to the e .s . l . category, Mr. Leeds described the county environmental review process and how it will affect unplatted e.s . l . areas, expressing particular concern about the areas east of the airport designated employment center because that is the most tax base intensive property in the city. Mr. { Leeds said all the affected property owners have been notified 1 by the County, but he still plans to call them, inform them of the County Commission meeting, and give them an opportunity to come to the meetingand explain why the have a P y y problem with 9) this if they have a problem with it . 1 Growth Management Director Leeds , explaining the third category which is the purchase of property through the County bond issue, reported that the area south of Dania Beach and east of 5th Ave. , which includes the city park site, might be on that list I and the Commission will want to consider its position on that if the bond issue passes . Mr. Leeds reported Staff 's intention to document the City 's concerns about the degradation of the tax base with the County Commission, having already done so with the Planning Council . �{ 1 Commission concerns about the potential loss of tax base through purchase or negative impact on tax base through review were discussed. Commissioner Hirsch expressed concern about the time factor. It was noted that the Planning Council felt the whole i Regular Commission Meeting 9 February 14, 1989 I concept needed more study and Vice Mayor Cook said she had appointed a study committee, but it 's now in the hands of the County. A motion was made by Vice Mayor Cook , seconded by Commissioner Hirsch to allow City Manager Flatley to attend the County ICommission meeting and state the position of the City of Dania. It was agreed that a message to balance the economic concerns against the environmental concerns would be conveyed to the County Commission. Commissioner Bertino spelled out the City 's position as "not against the County buying endangered lands , but against the County degradating those dollars that could come in to the City if that land were allowed to develop to its highest and best use under the present zoning classification. And if the County does remove that from the City ' s tax rolls or downzone it through review of what can be built on that 1 particular parcel of property, then those differences in dollars which are the City 's tax property rights shall be made up by the j County and shall be paid to the City ad infinitum into the future. " Commissioner Hirsch added the point that "the tax base isn 't just for one year, it 's reoccurring; a sale is one thing, but a tax base is forever. " City Manager Flatley agreed to convey that message to the County Commission. 11. 2 City Attorney Adler - no comment. ; 12. COMMISSION COMMENT f 12. 1 Commissioner Bertino invited attendance at the One Ton Tug, �. sponsored by the Dania Lions ' Club, this week-end at Dania Beach. 12. 2 Commissioner Hirsch asked City Manager Flatley to find out if the Miami Herald has a reporter covering Dania and , if not, why j not. i 12. 3 Commissioner Stevens - no comment. 12. 4 Vice Mayor Cook commented on the Greater Fort Lauderdale - Broward County Convention Center ground-breaking ceremonies she .4 44F attended with Mayor McElyea and City Manager Flatley. She reported that the revenue the Convention Center will generate was estimated at $60 billion. 12. 5 Mayor McElyea - no comment. This Regular Commission Meeting was then adjourned. i � o i 'MAYOR-C M SS 0 i IT�AUDITOR i I J Regular Commission Meeting 10 February 14, 1989 ? ztii t ,T4k+ , AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 14, 1989 8: 00 P.M. I i INVOCATION PLEDGE OF ALLEGIANCE 4 I I ROLL CALL PRESENTATION by Berry & Calvin on proposed Dania Sewer Infiltration Program 1. CONSENT AGENDA Minutes 1 . 1 November 8 , 1988, regular meeting 1 . 2 November 22, 1988, regular meeting 1 . 3 December 13, 1988, regular meeting 1 . 4 January 10, 1989, regular meeting 1 1 . 5 January 24 , 1989, regular meeting ! Resolutions 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESO- f LUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE EMERGENCY PURCHASE OF SERVICES, IN AN AMOUNT NOT TO EXCEED $28, 010. 85 AND MATERIALS AND SUPPLIES NOT TO EXCEED $7, 660. 00 FOR THE REPAIR AND RECON- STRUCTION OF THE DANIA FISHING PIER, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE >.RJ' REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN i EFFECTIVE DATE. " i 1. 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, VACATING THAT CERTAIN 12. 4 FOOT WIDE ALLFY BEGINNING AT THE WEST RIGHT-OF-WAY LINE OF SW 7 AVENUE AND LOCATED BETWEEN THE EASTERN PROPERTY LINE OF LOTS 6 AND 7 OF HENRY PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 7, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND EXTENDING WESTWARD BETWEEN LOTS 13 AND 16 OF THE GEORGE M. PHIPPEN UNRECORDED SUBDIVISION TO THE EAST RIGHT-OF-WAY LINE OF SW 8 AVENUE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 OF 5 I l i F7 CONSENT AGENDA (cont'd) Ordinances 1. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 1, ARTICLE 4, PART XII, OF THE CITY CHARTER BY ADDING A SUB- PARAGRAPH (f ) THERETO TO PROVIDE THAT AMENDMENTS, MODIFICA- TIONS, EXTENSIONS AND RENEWALS OF A LEASE EXCEEDING TWENTY ( 20 ) YEARS MUST BE APPROVED BY A FOUR-FIFTH VOTE OF THE MEMBERS OF THE CITY COMMISSION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS 2. 1 National Engineers ' Week - February 17-25 2. 2 Save Your Vision Week - March 5-11 3. BIDS (8: 15 p.m. ) 3. 1 Receipt of bids for the resurfacing of five tennis courts. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4. 1 Petitioner/Owner - Steven Bradley ; property located at 54 SE 13 Terrace Public Hearing - VA-02-89 - The following variances are requested to allow the construction of a single family structure: a) 44 ' lot width (50 ' required ) b) 4200 square foot lot (6000 required ) c) 20 ' front setback ( 25 ' required ) d ) 5 ' street side yard setback (15 ' required ) Administrative (final reading of ordinances ) 4. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NORTH 70 FEET OF THE SOUTH 280 FEET OF TRACT 16, SEABOARD FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NORTH 140 FEET OF THE SOUTH 420 FEET OF TRACT 16, SEABOARD FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " 2 OF 5 I � J PUBLIC HEARINGS (cont'd) 4 . 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT 3, BLOCK 4, OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, OF MARSHALL EVERGLADES LAND CO. PLAT OF SECTIONS 28, 29, 31 AND 32, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING SOUTH OF THE DANIA CUT-OFF CANAL, AND LESS THE SOUTH 25 FEET AND LESS THE RIGHT-OF- f WAY FOR RAVENSWOOD ROAD; SAID LANDS SITUATE, LYING AND BEING IN ! BROWARD COUNTY, FLORIDA, ALSO KNOWN AS TRACT 3 IN BLOCK 4 OF THE 6 SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE j 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; LESS THERE- FROM THE FOLLOWING : THE SOUTH 25 FEET; THE EAST 35 FEET; THE RIGHT-OF-WAY FOR DANIA CUT-OFF CANAL; TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY ; AND PRO- VIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THAT PORTION OF THE NORTH 165 FEET OF THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF RELOCATED RAVENSWOOD ROAD, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION 'S RIGHT-OF- WAY MAP, SECTION 86095-2405, SHEET 4 OF 19, LAST DATED DECEMBER 3, 1985; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN - ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; i AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE SOUTH 470 FEET AND LESS THE WEST 535 FEET; ALSO KNOWN AS A PORTION OF LOT 10, REED A. BRYAN 'S SUBDIVISION, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF- WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE EAST 100 FEET OF THE WEST 535 FEET, LESS THE SOUTH 470 FEET OF THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ALSO KNOWN AS A PORTION OF LOT 10, REED A. BRYAN 'S SUBDIVISION, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " 3 OF 5 L� � 1 PUBLIC HEARINGS (cont'd) 4 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE EAST 100 FEET OF THE WEST 535 FEET OF THE NORTH 210 FEET OF THE SOUTH 410 FEET OF THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " I 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. 1 Request to expend $6, 011 . 17 to finish sodding Frost Park athletic fields . Funds to be transferred from contingency. 7. SPECIAL REQUESTS 7. 1 Value Rent-A-Car requests a one year extension for a temporary trailer at 1030 Taylor Road. 7 . 2 Request authorization to release builder escrow funds to Mr. Gerald Smilen for the construction of an alley in Town and Country I Estates , Section 1 , Block 4. I 8. APPOINTMENTS j 8 . 1 Three members to the Unsafe Structures Board (the terms of Sam Jolly, plumber and Alan Gabriel, attorney, have expired and George Hewlett, General Contractor has resigned ) 8. 2 One member to the Code Enforcement Board ( the term of Harvey �,... Darcy, in lieu of an architect , has expired ) 9. DISCUSSION 9. 1 Annexation Bill amendment. 9. 2 Dania pistol range proposed lease with the F.O. P.A. (Commissioner Bertino) 9. 3 Coast Guard Auxiliary proposed lease of the I .T. Parker Community Center. (Commissioner Bertino) 9. 4 Set fee for one-day auctions for businesses not holding Dania f' j occupational license. I 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties I that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4: 00 p.m. the second ( 2nd ) and fourth ( 4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen (s ) or party will be asked to address the City Commission during the meeting. 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11 . 2 City Attorney i 4 OF 5 Ii 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Stevens 12. 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea ------------------------------------------------------------------------ -- -- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION j WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A f RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A j VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI— MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i i j i 7 1 Y I i lA"^" i i I i i j 5 OF 5 1 1 � II 777i' 4fi t j I II CITIZENS' COMMENTS f AGENDA CITY OF DANIA REGULAR MEETING FEBRUARY 14, 1989 8:00 P.M. 1. Request by Kathy Kelly to address the Commission regarding the lake owned by Michael L. Thomas. 2. Request by Dr. David Preacher to address the Commission regarding the airport noise. I i i I -Ak I �F 1 {II 1� I ii11+ I I I t Y KK tl g I I