HomeMy WebLinkAboutNULL (294) F77` .�
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rMINUTES
DANIA CITY COMMISSION
REGULAR MEETING
MAY 9, 1989
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INVOCATION - City Clerk Wanda Mullikin
PLEDGE OF ALLEGIANCE
ROLL CALL:
Present -
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Mayor: Charles McElyea
Vice Mayor: Bob Mikes
Commissioners : John Bertino
Jean Cook
Bobbie Grace
City Attorney: Frank Adler
City Manager: Robert Flatley
City Clerk : Wanda Mullikin }
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PRESENTATIONS
Upon receipt of new information regarding the Publix site plan `
that was approved by the Commission on April 18th, a workshop
was scheduled for Monday, May 22, 1989, to meet with
representatives of the Transflorida Bank Building and the Publix
Shopping Center site to see if the property ingress-egress
problem can be worked out.
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CONSENT AGENDA l
Minutes
1. 1 April 18, 1989, Special Meeting i
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Resolutions
1 .2 The title of a Resolution amending the budget for the fiscal
year 1988-89 by making line item changes between departments was
read by City Attorney Adler.
1 . 3 The title of a Resolution appointing members to the Dania Civil
Service Board was read by City Attorney Adler. ( 3 year term)
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1. 4 The title of a Resolution appointing members to the Dania Civil
Service Board was read by City Attorney Adler. ( 1 year term) j
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1 . 5 The title of a Resolution declaring personal property obsolete
and surplus and declaring the City 's intent to sell same was
read by City Attorney Adler.
1 . 6 The title of a Resolution approving the Agreement between
Pumping Station Service Center and the City of Dania was read by
City Attorney Adler.
I 1 . 7 The title of a Resolution approving the Lease between Amplicon
Financial and the City of Dania was read by City Attorney Adler.
(telephone )
1 . 8 The title of a Resolution approving the Agreement between
j Computil Corporation and the City of Dania was read by City
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Attorney Adler.
r 1 . 9 The title of a Resolution affirming the City 's request that the 1
Local Annexation Bill as submitted by the City of Dania be
1 enacted into law during this session by the Florida Legislature
was read by City Attorney Adler.
Ordinances
1 .10 The title of an Ordinance amending Sec. 9-2 (b) and Sec. 9-3 of
fChapter 9 of the City Code to increase the fees for grave plots
Regular Commission Meeting 1 May 9, 1989
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and interment and to change the time when no funeral services
can be conducted to the hours of 3:00 p.m. on Saturday to 9:00
a .m. on Monday was read for first reading by City Attorney i
Adler.
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1. 11 The title of an Ordinance Amending Sec . 6-33 of the City Code, j
j entitled "Schedule of Charges" was read for first reading by j
City Attorney Adler.
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A motion was made by Commissioner Cook, seconded by Commissioner
Grace to approve the consent agenda. The motion passed on the
following roll call vote:
Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
Z. PROCLAMATIONS
2. 1 Mayor McElyea proclaimed May 7-13, 1989 as "Just Say No To Drugs
j Week. "
3. BIDS - none
fI 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS I
Growth Management
4 . 1 Petitioner/Owner: Daniel Scaduto; prop. located at 711 SE 3 Ave.
(continued from 4/25/89 )
PUBLIC HEARING - E
VA-21-89 - variance request to allow the construction of a
family room addition increasing lot coverage to 45% (maximum 40%
lot coverage permitted ) .
i Dan Scaduto stepped forward to explain the variance request.
j Mayor McElyea opened the public hearing . Hearing Peggy
Breeschoten speak in favor and no one speak in opposition, the
1 Mayor closed the public hearing.
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A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to grant the variance (VA-21-89 ) . The motion
passed on the following roll call vote :
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Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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5. SITE PLAN REQUESTS
5. 1 Petitioner/Owner: Stephens Distributing Co . ; prop. located at
185 South Ravenswood Rd .
SP-29-89 - site plan approval request for a warehouse addition
and a parking lot in an M-2 (industrial ) zoning district.
fArt Bengochea, Architect, stepped forward to describe the i
revised site plan . The Planning and Zoning Board recommended
f approval . I
Mayor McElyea opened a public hearing . Hearing no one speak in
favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook, seconded by Vice Mayor f
Mikes to approve the site plan (SP-29-89 ) . The motion passed on
the following roll call vote :
Commissioner Bertino-yes Vice Mayor Mikes-yes fi
Commissioner Cook-yes Mayor McElyea-yes f, I
Commissioner Grace-yes �-- J
Regular Commission Meeting 2 May 9, 1989 i
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} 6. EXPENDITURE REQUESTS - none
7 . SPECIAL REQUESTS
7. 1 Request refund policy change of deposits for use of the I .T. t
Parker Community Center.
Mike Smith explained the request, approved by the I .T. Parker
Advisory Committee, to change the policy of no refund of deposit
if cancelled to a policy of allowing for retunds it notice of
cancellation is given sixty days prior to the event.
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A Resolution amending regulations for operation of the I .T.
Parker Community Center was read by City Attorney Adler.
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to adopt the resolution. The motion passed on
the following roll call vote :
Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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Commissioner Bertino reported on the need to consider
replacement and rehabilitation funding for the I .T. Parker
Center.
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7. 2 Request to approve Utility Consultant Ranking.
City Manager Flatley reported , per the April 6 Workshop on water
supply alternatives, the receipt of statements of interest from
two utility consulting firms : Rachlin & Cohen and Peat Marwick.
h Rachlin and Cohen
He requested authorization to negotiate with
first and to negotiate with Peat Marwick second if he should
fail to reach an appropriate agreement with Rachlin and Cohen.
A motion was made by Commissioner Cook, seconded by Commissioner j
Bertino to grant the City Manager 's request. The motion passed
on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
8. APPOINTMENTS
8. 1 Appointment of City Commissioner to the Port Everglades Road and
Transportation Committee .
A motion was made by Commissioner Grace , seconded by
Commissioner Bertino to appoint Vice Mayor Mikes to the Port
Everglades Road and Transportation Committee. The motion passed
on the following roll call vote:
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Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
(Addressed after agenda item 9. 1 )
8. 2 Appointment by Commissioner Cook and Vice Mayor Mikes to the
Industrial Advisory Board. (members must be registered voters
within the City of Dania ) {{{'
A motion was made by Commissioner Cook, seconded by Commissioner
Bertino to appoint Ronald Gatto to the Industrial Advisory
Board. The motion passed unanimously.
A motion was made by Vice Mayor Mikes , seconded by Commissioner
Bertino to appoint Bill Wosenitz to the Industrial Advisory
Board. The motion passed unanimously. 1
Regular Commission Meeting 3 May 9, 1989
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8. 3 Appointment of a Real Estate Appraiser to the Unsafe Structures
Board . (member must be a resident of Dania and registered and
{ licensed by the State of Florida)
t Commissioner Cook received clarification from City Clerk
Mullikin that if the Commission cannot find a qualified person
within the city limits, it may seek one outside the city, but 1
the appointee must have the qualifications of a Real Estate
Appraiser.
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A motion was made by Commissioner Cook , seconded by Commissioner
Grace to continue the appointment of a Real Estate Appraiser
until the next regular meeting. The motion passed unanimously.
8.4 Appointment to the I .T. Parker Community Center Committee.
(member must be a resident of Dania)
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A motion was made by Commissioner Grace, seconded by
Commissioner Cook to appoint Tony Stevens to the I .T. Parker
Community Center Committee. The motion passed unanimously.
8. 5 Appointment to the Downtown Redevelopment Agency. (member must
be a Dania resident or engaged in a business in Dania)
Mayor McElyea passed the gavel and made a motion to appoint Kurt
Ely to the Downtown Redevelopment Agency. The motion was
seconded by Commissioner Bertino and passed unanimously.
9. DISCUSSION
9.1 Request to amend resolution regulating the Industrial Advisory
Board . (Commissioner Cook )
A motion was made by Commissioner Cook, seconded by Commissioner
Bertino to adopt a resolution to amend the qualification to
serve on the Industrial Advisory Board from "registered voter"
to "property owner" within the City of Dania. The motion passed
f unanimously.
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(At this time agenda item 8 . 2 was addressed . )
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9. 2 Request by Gary Grattan, President of the Dania Optimist Club to
discuss Frost Park and the Community Center.
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Gary Grattan requested return of the deposit placed for lease of
the I.T. Parker Community Center by the Dania Optimist Club for ?
its Las Vegas Night fund-raising function back in March. He
said their request for return of the deposit was denied because
# the no-smoking rule had been broken, even though no damage had '
been done.
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A motion was made by Commissioner Bertino to return the 5150 f
deposit. The motion was seconded by Commissioner Cook for
discussion.
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After discussion of the deposit issue, including the origin of
the no-smoking rule and a suggested alternative method of
enforcement, the Optimist Club 's work at Frost Park and for
youth throughout the city, i
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service organizations, the motion epassed tonc the efollowing relateroll j
call vote:
Commissioner Bertino-yes Vice Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes l
Commissioner Grace-yes I
Mr. Grattan then commented on maintenance needs at Frost Park. !
The Commissioners discussed the parks system and related budget
and personnel problems.
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Regular Commission Meeting 4 May 9, 1989
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A motion was made by Commissioner Cook, seconded by Commissioner
Bertino to refer this to the City Manager for a report and to
add the parks system, including Frost Park, Modello Park and the
Beach to the Workshop scheduled for May 22, 1989.
9. 3 Proposed improvements to SE 2 Street and US-1 .
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City Manager Flatley reported the Count s Engineering
open to input from the Commission regarding the proposed
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improvements to SE 2 St. and US-1 .
Growth Management Director Leeds reported on Browa rd Count
proposed widening of SE 2 St. for the purpose of adding a left
turn lane, and improvement to the west side of US-1 to add a
lane that will be exclusively for southbound right-turn lane
only for traffic heading westbound on Stirling Rd . , commenting
the positive and negative effects of the proposed improvements .
The Commission expressed landscape concerns and the desire to
hear from the affected property owners. It was agreed to add
the item to the May 22nd Workshop, scheduled for 7: 00 P.m. , and
to advertise a Public Hearing on it for the May 23, 1989,
Regular Commission Meeting.
9. 4 Train noise between 10 p .m. and 6 a.m.
City Manager Flatley reported he put this on the agenda for
discussion at the request of several citizens. City Attorney
Adler explained that the city ordinance restricting train
whistle blowing was abandoned several years ago in the interests
of safety due to the fact that Dania has some blind crossings .
i After discussingthe problem and hearing comments by Dr. David 'w
Preacher, City Manager Flatley was asked to contact F.E.C.R. to
see if they could restrict the warning whistle blowing to only
the blind crossings .
10. CITIZENS ' COMMENTS
No verbal or written requests for Citizens ' Comments for this night 's
meeting were received.
L 11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager
11 . 1 . 1 City Manager Flatley reported on the status of the Dania J Beach Blvd . bike path.
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11 . 1 . 2 It was agreed to reschedule the Management-By-Objectives
(MBO) workshop to June 22, 1989, at 8: 00
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Civic Center. p.m. at the
11. 2 City Attorney Adler - no comment .
i 12. COMMISSION COMMENT
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12. 1 Commissioner Bertino commented on the bike path plan and also
expressed his belief that bicycles should be permitted on all
the city sidewalks with the exception of the downtown area.
He commented on the need for a stop sign on 3rd Avenue and asked
the City Manager to check into the possibility of a city
ordinance accepting responsibility for any stop signs requested
of D.O.T. by the city.
Commissioner Bertino asked City Manager Flatley to look into
ways to enforce landscape maintenance. 1
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Regular Commission Meeting g
May 9, 1989
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Commissioner Bertino mentioned the Memorial Service that was
held for Chester Byrd and expressed regret that he could not
attend due to illness .
12. 2 Commissioner Cook commented on the lovely memorial service held
for Chester Byrd. j
She .asked about the white stripes on the east side of 5th !
Avenue . Mayor McElyea suggested reflectors might be needed.
Commissioner Cook commented on the need to find a solution to
i the drainage problem in the southeast section.
j Commissioner Cook commended City Manager Flatley on making a
I very good presentation in Tallahassee .
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12 . 3 Commissioner Grace expressed appreciation to everyone, Mike
Smith in particular, regarding the Chester A. Byrd Memorial j
Service.
12. 4 Vice Mayor Mikes suggested that traffic problems like 4-way i
stops could be brought up at the workshop with County Traffic
Engineering.
He asked about the status of his request to double the j
notification distance from 300 feet to 600 feet . City Attorney I
Adler said it would be ready for the next meeting.
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Vice Mayor Mikes commented on F.P.& L. tree trimming and
suggested the city code should address tree trimming standards .
He also expressed the need to consider a hazardous material i
ordinance for the city. ,.
Vice Mayor Mikes commented on the status of the airport noise
curfew request . He reported the first part of the Part 150
approval process is now on the Federal register and advised the
City Manager that Dania has a May 27th deadline to comment on
the noise contour lines . He also recommended that citizen
complaints should be directed to the County Commissioners rather
than the Airport.
12. 5 Mayor McElyea announced American Legion Post 304, Dania, will
hold a Memorial Day Service at 9 : 00 a.m. , May 27, at the Legion I
Post and at Dania Beach and urged attendance.
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This Regular Commission Meeting was then adjourned .
'MAYOR-COMM' SS ONER -
CITY CLERK-AUDITOR pp`
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Regular Commission Meeting 6 May 9, 1989
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
MAY 9, 1989
8:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
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ROLL CALL i
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I PRESENTATIONS
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1 . CONSENT AGENDA
Minutes
1 . 1 April 18, 1989, special meeting
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Resolutions
1. 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET
FOR THE FISCAL YEAR 1988-89 BY MAKING LINE ITEM CHANGES BETWEEN
DEPARTMENT; 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. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MEMBERS TO
THE DANIA CIVIL SERVICE BOARD TO SERVE UNTIL THEIR SUCCESSORS ARE
DULY APPOINTED; 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. " (3 year term)
1 .4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MEMBERS TO
THE DANIA CIVIL SERVICE BOARD TO SERVE UNTIL THEIR SUCCESSORS ARE
DULY APPOINTED; 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 year term)
1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, DECLARING CERTAIN
PERSONAL PROPERTY AS BEING OBSOLETE AND SURPLUS AND NO LONGER
NEEDED FOR MUNICIPAL PURPOSES AND FURTHER DECLARING THE INTENT OF
THE CITY OF DANIA TO SELL SAME; AND PROVIDING THAT ALL RESO-
LUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE. "
1 .6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
AGREEMENT BETWEEN PUMPING STATION SERVICE CENTER AND THE CITY OF
DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE."
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LEASE
BETWEEM AMPLICON FINANCIAL AND THE CITY OF DANIA, AND AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE. " ( telephone)
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CONSENT AGENDA (continued)
1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
AGREEMENT BETWEEN COMPUTIL CORPORATION AND THE CITY OF DANIA; AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. "
1 . 9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AFFIRMING THE CITY'S
REQUEST THAT THE LOCAL ANNEXATION BILL AS SUBMITTED BY THE CITY OF
DANIA BE ENACTED INTO LAW DURING THIS SESSION BY THE FLORIDA
LEGISLATURE; 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. " 4
Ordinances
1 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 9-2 j
(b) AND SECTION 9-3 OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, TO INCREASE THE. FEES FOR GRAVE PLOTS AND
INTERMENT; AND TO CHANGE THE TIME WHEN NO FUNERAL SERVICES CAN BE
CONDUCTED TO THE HOURS OF 3 :00 P.M. ON SATURDAY TO 9:00 A.M. ON
MONDAY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. "
1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 6-33
OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED
"SCHEDULE OF CHARGES" ; 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 "Just Say No To Drugs Week" - May 7 - 13, 1989
3. BIDS - none
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Growth Management
4 . 1 Petitioner/Owner - Daniel Scaduto; property located at 711 SE 3
Avenue (continued from 4/25/89)
Public Hearing - VA-21-89 - A variance is requested to allow
the construction of a family room addition increasing lot
coverage to 45% (maximum 40% lot coverage permitted) .
5. SITE PLAN REQUESTS - none
5. 1 Petitioner/Owner - Stephens Distributing Co. ; property located at
185 South Ravenswood Road.
SP-29-89 - A site plan approval is requested for a warehouse
addition and a parking lot in an M-2 ( industrial ) zoning district .
6. EXPENDITURE REQUESTS - none
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7. SPECIAL REQUESTS
7 . 1 Request refund policy change of deposits for use of the I .T.
Parker Community Center .
7. 2 Request to approve Utility Consultant Ranking.
8. APPOINTMENTS
8. 1 Appointment of City Commissioner to the Port Everglades Road and
Transportation committee.
8. 2 Appointment by Commissioner Cook and Vice Mayor Mikes to the
Industrial Advisory Board. (members must be registered voters
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within the City of Dania)
8 .3 Appointment of a Real Estate Appraiser to the Unsafe Structures
Board. (member must be a resident of Dania and registered and
licensed by the State of Florida)
8 .4 Appointment to the I .T. Parker Community Center committee .
(member must be a resident of Dania)
8.5 Appointment to the Downtown Redevelopment Agency.
(member must be a Dania resident or engaged in a business in
Dania)
9. DISCUSSION
° y 9. 1 Request to amend resolution regulating the Industrial Advisory
Board. (Commissioner Cook )
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1 9.2 Request by Gary Grattan, President of the Dania Optimist Club to
discuss Frost Park and the Community Center.
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9. 3 Proposed improvements to SE 2 Street and US 1 .
9.4 Train noise between 10 p.m. and 6 a.m.
10 . CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties
that are not a part of the regular agenda should be given in writing
or communicated verbally prior to 4:00 p.m. the second ( 2nd) and
fourth (4th) Monday of each month. Comments of any nature will be
responded to by the office of the City Manager. In the event that the
concern remains unresolved, the citizen(s) or party will be asked to
address the City Commission during the meeting.
11. ADMINISTRATIVE REPORTS
11 . 1 City Manager
11. 1 . 1 Status report on Dania Beach Boulevard bike path
11. 1. 2 Reschedule Management-By-Objectives (MBO) workshop
11 . 2 City Attorney
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12 . COMMISSION COMMENTS
12. 1 Commissioner Bertino
12. 2 Commissioner Cook
12.3 Commissioner Grace
12 .4 Vice Mayor Mikes
12.5 Mayor Mc Elyea
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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 TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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