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HomeMy WebLinkAboutNULL (316) � 7- ir{ fl t/S i j MINUTES DANIA CITY COMMISSION WORKSHOP MEETING NOVEMBER 14 , 1989 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Charles McElyea Vice-Mayor: Bob Mikes { Commissioners: Jean Cook Bobbie Grace John Bet-Lino I City Attorney: Frank Adler j City Manager: Robert Flatley City Clerk : Wanda Mullkin I 1. DISCUSSION REGARDING GROWTH MANAGEMENT DIRECTOR. j City Manager Flatley presented seven resumes ' to the Commission for the position of Growth Management Director. After discussion, the Commission chose candidates 1 , 2 and 4 frcm the seven resumes ' presented and directed City Manager Flatley to make arrangements for these candidates to be present at a Special .� Meeting November 20th at 7 : 00 p.m. to interview. E This workshop meeting was then adjourned. AYOR-CO MISSIONF ' CITY CLERK-AUDITOR I i WORKSHOP MEETING 1 NOVEMBER 14 , 1989 as s z� � r i AGENDA DANIA CITY COMMISSION WORKSHOP MEETING NOVEMBER 14, 1989 7:30 P.M. Discussion regarding Growth Management Director. oil 1 ; t i i I i l i +l u 7 . x � MINUTES DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 14 , 1989 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present : Mayor: Charles McElyea Vice-Mayor: Bob Mikes Commissioners : Jean Cook Bobbie Grace c John Bertino City Attorney : Frank Adler City Manager: Robert Fl.atley j { City Clerk: Wanda Mullikin j a At this time, a motion was made by Commissioner Bertino, seconded by Commissioner Cook to continue items 1 . 6 , 1 .8 and 1 . 12 ur ; il the Special Meeting of November 21 , 1989. r The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Commissioner Grace-yes Mayor McElyea-yes PULLED FROM CONSENT AGENDA i 1 . 9 { 1. 14 PRESENTATIONS ? Captain Hernandez, Broward Sheriff 's Office, was present to inform the Commission that due to the cooperation of Ms . Jane Heuperman and Albert Hernandez both of the Dania Post Office, a criminal was apprehended September 18 , 1989. Captain Hernandez then presented Certificates of Recognition ' to both individuals . Captain Hernandez informed the Commission that on December 2, the Broward County Sheriff 's Office Council along with iJ the Broward County Sheriff 's Office is having a dinner for needy people from 8 : 30 a .m. until 4 :00 p.m.Hernandez explained Captain that Dania has been chosen as one of the five locations for this dinner and that if anyone is i interested in this event� Office. to call Lt . Feltgen in the District Captain Hernandez informed the Commission that on December 9, the Broward County Sheriff ' s Office is having a Christmas Party for needy children. This party will be held at the Swap Shop in FL . Lauderdale. Captain Hernandez commended Dania for their usual civic support . 1 • CONSENT AGENDA Minutes 1 .1 Regular meeting of October 24 , 1989 t 1 . 2 Workshop meeting of October 24 , 1989 ti i 1 . 3 Special meeting of October 30, 198y I J i REGULAR COMMISSION MEETING 1 NOVEMBER 14 , 1989 y .•-. r r. !t`fit YF'uP f J, 1 Bills 1 . 4 Approval of. Bills paid for September, 1989 . 9 Ordinances 1 . 5 City Attorney Adler read the title of the ordinance amending Ordinance No. 25 , as amended from time to time, providing for the increase of franchise fees for Cable T.V. ; providing for enlargement of the franchise period; providing for repeal of rate regulation; providing for definition of subscriber gross receipts; providing for renewal of franchise; providing for repeal of conflicting ordinances or resolutions ; and providing for an effective date of January 1 , 1990 . j 1 .7 City Attorney Adler read the title of the ordinance amending Paragraph (b) of Section 6-33 of the Code of Ordinances of the City of Dania , Florida to ? include residents who are parties to a motor vehicle lease/purchase agreement to purchase beach stickers. I 1 1. 10 City Attorney Adler read the title of the j ordinance annexing to the City of Dania certain properties described as Lot 12 of Green Oaks, a subdivision of Tract 17 of Seaboard Farms , according to the Plat of Green Oaks , recorded in Plat Book 21 , Page 42 of the Public Records of Broward County, Florida, said lands situate, lying and being in Broward County, Florida , together with any interest. of petitioner/owners in adjacent public right-of-way; and jj providing for filing of copies . Resolutions i 1 . 11 City Attorney Adler read the title of the resolution approving form of notice of public hearings ! before the Planning & Zoning Board and City Commission. I t 1 . 13 City Attorney Adler read the title of the resolution 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 . A motion was made by Commissioner Bertino, 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 1 PULLED FROM CONSENT AGENDA Ordinance 1 . 9 City Attorney Adler read the title of the ordinance granting to Peoples Gas System, Inc. , a Florida Corporation, its successors and assigns , a franchise for a period of thirty ( 30) years to construct , operate and maintain a gas utility system :in the City of Dania , Florida; and prescribing the terms and conditions of such franchise and for revocation thereof . City Manager Flatley assured Vice-Mayor Mikes that a 30 j year term is typical of this type of lease and also that he o-iill Contact Peoples Gas , [ prior Le second 1 reading to ensure they properly landscape and maintain J this system. REGULAR COMMISSION MEETING 2 NOVEMBER 14 , 1989 t I 1 A motion was made by Vice-Mayor Mikes, seconded by Commissioner Grace to adopt on first reading the ( ordinance granting to Peoples Gas System, Inc. , a Florida Corporation, its successors and assigns , a franchise for a period of thirty (30) years to construct , operate and maintain a gas utility system in the City of Dania, Florida; and prescribing the terms and conditions of such franchise and for revocation thereof . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes f!!!I Commissioner Grace-yes Resolution Jj 1 . 14 City Attorney Adler read the title of the resolution authorizing the City Manager to contract for the purchase of supplies, services, equipment and materials in the amount of $15, 681 .00 without competitive bidding and without advertisement for bids . Fire Chief Grammer presented the request to purchase a 4 wheel drive Bronco truck for the Fire Department for the sum of $15 , 681 . 00 under State of Florida Bid No. 393-070-001-P and State of Florida Contract No. 070- ( 001-40-1 . Chief Grammer informed the Commission that this vehicle will be utilized for numerous uses as an everyday vehicle and in the event of a hurricane. 1 A motion was made by Vice-Mayor Mikes , seconded by i i Commissioner Grace to adopt the resolution authorizing j the City Manager to contract for the purchase of supplies , services , equipment and materials in the amount of $15, 681 .00 without competitive bidding and without advertisement of bids. The motion passed on the following roll call vote : fff Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes *AT THIS TIME, ITEM 10 CITIZEN' S COMMENTS WAS HEARD 2. PROCLAMATIONS - NONE 3 3. BIDS - NONE 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Ordinances (second & final reading) 4 . 1 City Attorney Adler read the title of the ordinance annexing to the City of Dania certain properties described as lots 10 and 11. , Blk 1 , West Dania Heights according to the plat thereof recorded in plat book 23 , page 49, of the public records of Broward County, Florida , less the S 30 .75' therof , together with lot 12, blk 1 , less the following described property: commence at the SE corner of the SE 1/4 of section 29; thence South 880 25 ' 04" West , along the south line of said Section 29 , a distance of 408 .75 ' ; thence North 010 34 ' 56" West , perpendicular to last described course, a distance of 65. 08 ' to the point of beginning; also being the beginning of a curve concave Southerly having a tangent bearing of North 870 02 ' 54" East ; thence Easterly along said curve having a radius of 2337 . 83 ' , a central angle of 010 22 ' 1.0" , for an arc distance of 55. 88 ' to the end of said curve; thence North 880 25 ' 04" East , along a line 65 .75' Northerly of and parallel with said South line of section 29, a distance of 19. 13 ' ; thence South 010 30 ' REGULAR COMMISSION MEETING 3 NOVEMBER 14 , 1989 L� Iv w 5 \1 I 1 47" East , a distance of 30.75 ' ; thence South 880 25' 04" } West, along the Northerly of and parallel with said South i line of Section 29 , a distance of 75 ' ; then North 010 30' k 47" West , a distance of: 30 .75' to the point of beginning, I I said lands situate , lying and being in Broward County, k 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 City Manager Flately explained that this is the second f reading of the ordinance relating to the Mike Farmer suggested property at Ravenswood and Griffin. Mr. Flatley that this item be deferred until a legislative proposal can be prepared regarding annexation that must be submitted to the Broward Legislative Delegation by December 12 . A motion was made by Commissioner Cook, seconded by Commissioner Grace to continue the second reading of this ordinance until November 21 Special Meeting. 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 4 . 2 City Attorney Adler read the title of the ordinance amending Chapter 18 of the Code of Ordinances of the City of " Dania entitled "Pensions and Retirement" to permit payment to the trustees of the retirement system for administrative services rendered to or on behalf of the system. y Mike Smith, Personnel Director, explained that this ordinance is a request by Chairman Vince Thompson to permit payment to trustees for administrative services due to the increased administrative needs of the Police and Firefighters Retirement System. Mr. Smith suggested that the Board might want to consider hiring, on a part-time basis , a professional administrator who has experience in n pension administration. Mr . Smith commented that the only cities in Broward County that pay an administrator are Hollywood , Ft . Lauderdale and Pompano due to there size compared to Dania and added that he felt the Commission may not want to set a precedent for paying board members for this type of service . Mayor McElyea opened the public hearing. After hearing from Kurt Ely who suggested that the two city employees on the Board of Trustees be given an opportunity to administer this plan during regular working hours in order that no additional costs be incurred , the Mayor closed the public hearing. City Attorney Adler informed the Commission that State Statute prohibits payment of salary to a trustee of a pension fund. 1 Vince Thompson stepped forward I.o explain that he has served on tare pension board since 19B1 and since 1987 as chairman. f He explained that tie spends 10-15 hours a week of his personal time and also City time administering this plan. j Mr. Thompson informed the Commission that. since 1985 this k plan has grown from 2 . 5 million dollars to 7 mi.11ion dollars and that this year alone he anticipates saving in excess of $30, 000 in administrative expenses . + L Vice-Mayor Mikes requested that a Workshop Meeting be planned to discuss this further after, the City Manager and Personnel Director }rave had additional time to research this item. I i I REGULAR COMMISSION MEETING 4 NOVEMBER 14 , 1989 f ' AMN 7 I ' A motion was made by Commissioner, Cook, seconded by Commissioner Grace to continue this item until a workshop meeting. The motion passed on the following roll call vote: r Commissioner Bertino-ves Vice-Mayor Mikes-yes l Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes E 4 . 3 City Attorney Adler read the title of the ordinance amending Section 11 . 10 of Article 11 of Chapter 28 of the code of ordinances of the City of Dania to provide for written notice of hearings of the Planning and Zoning Board relating to requested changes in the zoning regulations and i the granting of variances and special exceptions . Mayor McElyea opened the public hearing. Hearing no one I speak in favor or opposition, the Mayor closed the public j hearing. A motion was made by Vice-Mayor Mikes , seconded by Commissioner Cook to adopt on second reading the ordinance amending Section 11 . 10 of Article 11 of Chapter 28 of the code of ordinances of the City of Dania to provide for written notice of hearings of the Planning and Zoning Board relating to requested changes in the zoning regulations and the granting of variances and special exceptions . The motion passed on the following roll call vote : j ' Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea- yes i Commissioner Grace-yes 5. SITE PLAN REQUESTS 5. 1 City Attorney Adler informed the Commission of a site plan request by VMS Dania Associates , Ltd. for property located North of Sheridan Street and East of S.E. 5th Avenue. Peggy Burger, Berry & Calvin, stepped forward to i explain the minor changes that have been made to the site plan for this property and to represent the Petitioner . Larry Leads informed the Commission that this site plan meets all code requirements and that the proposed structure will. be two story buildings with garages and that it will be of less density than what is being built directly behind the property. Mayor McElyea opened the public hearing . After hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice- Mayor Mikes to table SP-84-89 until the Workshop Meeting of November 21 .in order for the petitioner to bring in a f landscape plan for S .E . 5th Avenue and that: action would be taken at the December 12 Regular Meeting. i The motion passed on the following roll call vote!: Commissioner Bertino- yes Vice-Mayor Mikes--yes Commissioner Cook-yes Mayor McElyea-yes 1 ', Commissioner Grace-yes REGULAR COMMISSION MEETING 5 NOVEMBER 14 , 1989 t! a ♦ � k6 YAK N.,.r, __ . ._,.. . .. _ : _.._ . I .I 6. EXPENDITURE REQUESTS - NONE 1 7 . SPECIAL REQUESTS 7 . 1 City Attorney Adler informed the Commission of a special request by Daniel Scaduto to request permission to submit petition to vacate alley lying between S .E. 3 ! j Avenue & 3 Court from S .E. 7 Street to 10 Street. City j Attorney explained that Mr. Scaduto must have Commission approval to file an application in order for ) the application to be submitted to the Planning & Zoning Board. A motion was made by Commissioner Cook , seconded by Commissioner Bertino to continue this special request J until the next commission meeting of November 21st as the petitioner was not present . The motion passed unanimously. 7 . 2 City Attorney Adler informed the Commission of a special request to approve the amended agreement from the County to the hold harmless provisions of agreement approved on 7/25/89 with Broward County for installation of multi-way stop signs. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to grant the special request to approve the amended agreement to the hold harmless provisions of agreement approved on 7/25/89 with Broward County for installation of multi-way stop _1A signs . f The motion passed on the following roll call vote: ! "" i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 7 . 3 City Attorney Adler informed the Commission of a special request by Mayor McElyea to reconsider plat approval condition relative to the Glen-Lauren Plat (park dedication) . A j motion was made b Mayor McEl ea after Y Y Y passing the gavel , seconded by Commissioner Grace to reconsider the plat approval condition relative to the Glen-Lauren Plat (park dedication) until the next scheduled meeting of November 21 , 1989. 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 At this time, Commissioner Grace made a motion, seconded by Commissioner Cook to reconsider the variance request: on parking regarding warehouses in relationship to the Hawthorne tract at the Special Meeting of November 21 , 1989 , under discussion only. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes Commission Grace-yes +j I REGULAR COMMISSION MEETING 6 NOVEMBER 14 , 1989 i f t n. i } 1 8 . APPOINTMENTS 8 . 1 A motion was made by Commissioner Cook, seconded by Commissioner Bertino to reappoint Richard Bettor as a real estate person to the Code Enforcement Board as his term expired November 10, 1989 . 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 . 2 A motion was made by Commissioner Cook, seconded by Commissioner Grace to reappoint Roxanne Knight in lieu of a General Contractor to the Code Enforcement Board as her term expired November 10, 1989. I 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 . 3 Mayor McElyea appointed Gloria Daly and Patricia Davis to the Housing Authority to replace Robert Donly and Gwen Peoples whose terms expired this month. There were no ! objections voiced by the Commission. 8 . 4 A motion was made by Commissioner Grace, seconded by Commissioner Bertino to appoint Commissioner Jean Cook to i( serve on the Committee for Community Development: for 1989-90 XV Year Block Grant.. The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes _n Commissioner Grace-yes 9. DISCUSSION 9. 1 A motion was made by Commissioner Cook, seconded by Commissioner Bertino to direct each Commissioner to appoint an individual to a committee for developing a City flag for Dania and that the Dania Flag be completed by March 1 , 1990. 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 9. 2 Larry Leads presented an overview of the trafficway waiver regarding Stirling Hawthorne Plat . After lengthy discussion, a motion was made by Vice Mayor Mikes , seconded by Commissioner Bertino to continue discussion of this item until the next Regular, scheduled meeting of December, 12 , 1989 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-no I Commissioner Grace-no J REGULAR COMMISSION MEETING 7 NOVEMBER 14 , 1989 I . J i 9 . 3 Mayor McElyea suggested that City Commissioners j and employees have identification cards and that �. Sheriff Navarro' s office has offered to handle this for the City. The Commission agreed to have Mayor McElyea discuss this item with Sheriff Navarro' s office. i 9. 4 Commissioner Cook requested Commission support for placing of the local sales tax for infrastructure on j the ballot and gave an overview of several infrastructures in Dania that could benefit in the event this item passed . f F City Attorney Adler read the title of the resolution in support of placing the local option sales tax for infrastructure on the ballot . A motion was made by Commissioner Cook, seconded by ' Commissioner Grace to adopt the resolution in support of placing the local option sales tax for infrastructure on the ballot with the amendment to the resolution by removing the concept of being in favor of raising taxes . i r 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 9 . 5 Vince Thompson, Chairman of the Police & Fire Pension Board, informed the Commission of a proposed change in Florida Statute 175 and 185 in relation to the definition of salary in local. law enforcement pension plans . Mr. Thompson submitted an ordinance amending Chapter 18 of the Code of Ordinances entitled "earnings" to comply with Section 185. 02 (3) , Florida Statutes and requested Commission review. Mr. Thompson informed the Commission that compliance with f state law must be completed prior to January 1 . Personnel Director, Mike Smith requested that no action be f taken on changing the definition of "salary" in relation to the proposed Fire/Police pension ordinance until City Attorney Adler and he has had an opportunity to research the law and supreme court decision on whether Dania is required to do this . i9. 6 City Manager Flatley requested Commission approval to invite Mary Stanford of Stanford & Co. Insurance Consultants, to advise the City on how to structure the City ' s insurance program in order to save the City money. The Commission agreed to meet with Ms. Stanford at the November 21 , 1989 Special Meeting . . j ( 9 .7 Vice-Mayor Mikes gave a status report on several airport projects that will be affecting Dania in relationship to construction completion, improved landscaping in the North end section and that: approval has been received from the County Attorneys office to hold ' meetings with the Noise Compliance Committee again. Mr . I( Mikes explained that he feels there will be a better working relationship with the airport than there was six months. 10 . CITIZENS ' COMMENTS } 10. 1 Mr. Kurt Ely stepped forward to express his concerns for what he felt was a lack of Commission control over the Dania Housing Authority. REGULAR COMMISSION MEETING 8 NOVEMBER 14 , 1989 i l jnx4.r..... a .u..... ..._. .... ., v .,.,:.. I Mr. Ely requested the Commission use more discretion in s spot zoning changes in the city and its impact on the land use plan. Mr. Ely commented that different businesses in the City [r are operating without a license and suggested that a meeting be set up with the Downtown Development Authority in reference to more control over mall ) development in the downtown antique district , j 10. 2 Ms. Gloria Daly stepped forward to request the City maintain the landscaping :in the median strip along U. S . 1 north of New Griffin Road . Vice-Mayor Mikes commented that 2 . 7 million has been budgeted by the Airport for landscaping in that area of Federal Highway and that he expects progress shortly. Ms. Daly requested that the Commission thoroughly investigate the residents of the Dania Housing Authority as to possible violations . Ms . Daly also requested repairs and clean-up be made at jFrost Park. 10 . 3 City Manager Flatley addressed the request: by Martin Gilbert regarding the City building fee for resealing and asphalting parking lots . City Manager Flatley informed the audience that he plans to survey ° surrounding cities in Broward Country to determine an appropriate fee which will be less than what is charged now. Mr. . Flatley explained that Dania charges $170 .00 ti for 17 , 000 square feet and that most of the cities that he has checked with charge around $30 to $40 . Mr. j j Flatley suggested an ordinance be prepared to amend the i building fee ordinance by the December 12 Regular Commission Meeting. ) I i City Manager Flatley commented that he expects j substantial repairs and improvements to be made to Frost Park within the next year. t 11 . AMINISTRATIVE REPORTS i 11 . 1 City Manager i A) City Manager Flatley reminded the Commission of a workshop meeting scheduled November 21 , 1989 for water rates and review of water/sewer ordinances and a j special meeting for other items . City Manager Flatley requested that the November 28 regular commission meeting be cancelled as some of the Commissioners will be at the National League of Cities convention . A motion was made by Commissioner Bertino, seconded by Commissioner Cook to cancel the November 28 regular commission meeting and to continue the advertised j annexation ordinance until December 12 , 1989 . The motion passed unanimously . B) City Manager Flatley requested that the regular meeting of December 26 , 1989 be cancelled due to the Christmas holiday . A motion was made by Commissioner Grace and seconded to cancel the December 26, 1989 regular meeting until a j date that will be determined in the near future . The motion passed unanimously . r.4�• REGULAR COMMISSION MEETING 9 NOVEMBER 14 , 1989 i i a. F a a; I I I 1 11. 2 City Attorney City Attorney Adler informed the Commission that he a will be preparing amendments to the City Charter and approvals for square footage , setbacks , parking, and a PP q height that will be distributed for their review ; i j shortly. f i i 12. COMMISSION COMMENTS 12.1 Commissioner Bertino Commissioner Bertino reported that he and City Manager Flatley have met with Senator Foreman and Rick Cheser of Florida Department of Transportation, relating to i special project monies for the bicycle path going down it Dania Beach Boulevard. 12 . 2 Commissioner Cook - no comments 12 . 3 Commissioner Grace - no comments i 12. 4 Vice-Mayor Mikes Vice-Mayor Mikes reported that lie has received several complaints from residents Lhat the people from the dive boats docked near our community center are using the bathroom and shower facilities at the center during scheduled events . Vice-Mayor Mikes requested that City s- Manager Flatley look into having the dive boats moved. i Vice-Mayor Mikes requested that the Murray storage building be brought before the Unsafe Structures Board f as soon as possible. j I Vice-Mayor Mikes requested City Attorney Adler to review restrictions to our code in relation to variance -Qd requests in order to tighten the code requirements . Vice-Mayor Mikes suggested the possibility of a service contract for the irrigation and sprinkler system on Stirling Road in order to have more control over the maintenance in that area of the City. This regular commission meeting was then adjourned. MAYOR SIO R i CITY CLERK-AUDITOR , �p e 'd REGULAR COMMISSION MEETTNG 10 NOVEMBER 14 , 1989 � x , i AGENDA DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 14, 1989 8:00 P.M. i INVOCATION 7 PLEDGE OF ALLEGIANCE f 1 ROLL CALL PRESENTATIONS - BSO presentation to Post Office Employee June Heupermon 1. CONSENT AGENDA Minutes 1. 1 Regular meeting of October 24, 1989 1. 2 Workshop meeting of October 24, 1989 1. 3 Special meeting of October 30, 1989 Bills { 1. 4 Approval of bills paid for September i Ordinances 1. 5 "AN ORDINANCE OF THE CITY OF DANIA AMENDING ORDINANCE NO. 25, AS AMENDED FROM TIME TO TIME, PROVIDING FOR THE INCREASE OF FRANCHISE FEES; PROVIDING FOR ENLARGEMENT OF THE FRANCHISE PERIOD; PROVIDING FOR REPEAL OF RATE REGULATION; PROVIDING FOR DEFINITION OF SUBSCRIBER GROSS RECEIPTS; PROVIDING FOR RENEWAL OF FRANCHISE; PROVIDING FOR REPEAL OF CONFLICTING �. ORDINANCES OR RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE j DATE OF JANUARY 1 , 1990. " -w.. 1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4. 20, OF ARTICLE 4, OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR OPEN AIR HAND WASHING AND WAXING OF AUTOMOBILES, VANS AND CERTAIN TRUCKS AS A SPECIAL EXCEPTION USE IN C-3 ZONING CLASSIFICATION; 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. " i 1. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA TO INCLUDE RESIDENTS WHO ARE PARTIES TO A MOTOR VEHICLE LEASE/PURCHASE AGREEMENT; 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. " I 1 1 CONSENT AGENDA (continued) 1. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4. 20, OF ARTICLE 4, OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR PASSENGER TRANSPORTATION BUS SERVICE FACILITIES AS A SPECIAL EXCEPTION I�USE IN IR ZONING CLASSIFICATION; AND PROVIDING THAT ALL 1 ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS O EXTENT OF RESOLUTIONS CONFL CT CONFLICT PROVIDING BFOR E AN LED T THE FFECTIVE DATE. " I 1. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING TO PEOPLES GAS SYSTEM, INC. , A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR A PERIOD OF THIRTY ( 30) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY O DANIA) FLORIDA; R PRESCRIBING AND CONDITIONS OFSUCH FRANCISE AND FOR TERMS REVOCATION THEREOF ; 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; I AND PROVIDING FOR AN EFFECTIVE DATE. 11 i 1. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT 12 OF GREEN OAKS, A SUBDIVISION OF TRACT 17 OF SEABOARD FARMS, ACCORDING TO THE PLAT OF GREEN OAKS, RECORDED IN PLAT BOOK 21 , PAGE 42, 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. " ,. Resolutions 1. 11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING FORM OF NOTICE OF PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING BOARD AND CITY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 12 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO NE 7TH AVENUE SPECIAL ASSESSMENT DISTRICT IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES, ADOPTING THE SPECIAL ASSESS- MENT FOR THE STREET IMPROVEMENTS AS PREPARED BY THE CITY CLERK; CONFIRMING SUCH ASSESSMENTS; PROVIDING THAT SAID ASSESSMENTS SHALL BE A FIRST LIEN AGAINST THE PROPERTY; PROVIDING THAT AN ADMINISTRATIVE CHARGE BE PAID IF THE PROPERTY IS SOLD, CONVEYED OR TRANSFERRED IN ANY FASHION; i DIRECTING THE CITY CLERK TO PREPARE THE IMPROVEMENT LIEN BOOK; PROVIDING FOR A PENALTY OF ONE PERCENT (1%) PER MOTNH FOR ASSESSMENTS THAT ARE NOT PAID WHEN DUE; PROVIDING FOR A WAIVER OF INTEREST PAYMENT ON THE ASSESSMENT IF PAID WITHIN THIRTY ( 30) DAYS OF THE COMPLETION OF THE IMPROVEMENTS; PROVIDING FOR SEVERABILITY; 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. " 2 J CONSENT AGENDA (continued) 1. 13 "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 RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 14 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN THE AMOUNT OF $15, 681. 00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " i 2. PROCLAMATIONS - none 3. BIDS - none I 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Ordinances (second & final reading ) 4. 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOTS 10 AND 11, BLK 1, WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 49, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL, LESS THE S 30. 75 ' THEREOF, TOGETHER WITH LOT 12, BLK 1, LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE 1/4 OF SECTION 29 ; THENCE SOUTH 880 25' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 408. 75 ' ; THENCE NORTH O10 34' 56" WEST, PERPENDICULAR TO LAST DESCRIBED COURSE, A DISTANCE OF 65. 08' TO THE POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A TANGENT BEARING OF NORTH 870 02' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337. 83' , A CENTRAL ANGLE OF O10 22 ' 1011 , FOR AN ARC DISTANCE OF 55. 88 ' TO THE END OF SAID CURVE; THENCE NORTH 880 25' 04" EAST, ALONG A LINE 65. 75' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 19. 13' ; THENCE SOUTH O1' 30 ' 47" EAST, A DISTANCE OF 30. 751 ; THENCE SOUTH 880 25' 04" WEST, ALONG THE NORTHERLY EXISTING R/W LINE OF GRIFFIN ROAD, BEING 35' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 75' ; THENCE NORTH O1° 30' 47" WEST, A DISTANCE OF 30. 75' TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FL, 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. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO PERMIT PAYMENT TO THE TRUSTEES OF THE RETIRE- MENT SYSTEM FOR ADMINISTRATIVE SERVICES RENDERED TO OR ON BEHALF OF THE SYSTEM, 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 PROVISIONS FOR AN EFFECTIVE DATE. " (continued from 10/24/89) 3 I � I 771 4 , 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 11 . 10 OF ARTICLE 11 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR WRITTEN NOTICE OF HEARINGS OF THE PLANNING AND ZONING BOARD RELATING TO REQUESTED CHANGES IN THE ZONING REGULATIONS AND THE GRANTING OF VARIANCES AND SPECIAL EXCEPTIONS; 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. " (continued from 10/24/89) i 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - VMS Dania Associates , Ltd; property located North of Sheridan Street and East of SE 5 Avenue SP-84-89 - A revised site plan approval is requested for 49 apartment units located in the Watermark Development. 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 1 7. 1 Daniel Scaduto requests permission to submit petition to vacate alley lying between SE 3 Avenue & 3 Court from SE 7 Street to 10 Street . j7. 2 Approval of amendment to hold harmless provision of agreement approved on 7/25/89 with Broward County for installation of multi-way stop signs. 8. APPOINTMENTS 8 . 1 Appointment of Real Estate Person to the Code Enforcement Board. (Richard Bettor's term expires 11/10/89 ) 8. 2 Appointment of General Contractor or someone in lieu of to the Code Enforcement Board . (Roxanne Knight ' s term expires 11/10/89 ) 8.3 Appointment of two members to the Housing Authority. (the terms of Robert Donly & Gwen Peoples expire 11/89 ) i 8 .4 Appointment of Commissioner to serve on the Committee for Community Development for 1989-90 XV Year Block Grant 9. DISCUSSION 9. 1 Discussion regarding the possibility of obtaining a City flag . (Commissioner Cook ) 9, 2 Discussion regarding Stirling Hawthorne Plat traEficway waiver. 9. 3 Discussion regarding identification cards for City Commissioners and employees. (Mayor McElyea) 9. 4 Discussion of support for the placing of the local option sales tax for infrastructure on the ballot . (Commissioner Cook) 9.5 Discussion of proposed Fire/Police jchanging definition of "salary" . Pension ordinance the i 4 l 3 CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING NOVEMBER 14, 1989 8:00 P.M. I I i 1 . Request by Kurt Ely to address the Commission regarding the Housing Authority and spot changes to zoning. ? I 2. Request by Gloria Daly to address the Commission regarding i U.S. 1 north of Griffin Road, Frost Park and others . 3 . Martin Gilbert wishes to speak on the City' s Building Fee for iresealing asphalt parking areas . } "a I j i i I 1 f i i I i i I i � I I I j ls ' A J 1 l DISCUSSION (continued) 9. 6 Discussion of City' s insurance program. 10. CITIZENS ' COMMENTS - Comments by Dania citi ens 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 f remains unresolved, the citi en(s ) or party will be asked to address d, the City Commission during the meeting . t I 11. ADMINISTRATIVE REPORTS ! 11. 1 City Manager A) Set November 21 , 1989 as the workshop date for water rates and review of water/sewer ordinances and a special meeting for other items. a B) Option to cancel the December 26, 1989 regular meeting . 11 . 2 City Attorney i 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 ---------------------------------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 1A WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A MAY NEED TO ENSURE THAT A j I 1 -5- �{ 7 i v J I ADDENDUM AGENDA DANIA CITY COMMISSION P REGULAR MEETING NOVEMBER 14 , 1989 8: 00 P.M . 7 . 3 REQUEST TO RECONSIDER PLAT APPROVAL CONDITION RELATIVE TO THE GLEN-LAUREN PLAT ( PARK DEDICATION ) . (MAYOR MCELYEA) 9. 7 STATUS REPORT ON AIRPORT CONSTRUCTION (VICE-MAYOR MIKES ) I� 1 I . I I i i I r b 3 t .