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HomeMy WebLinkAbout1990-01-23 Regular City Commission Meeting MinutesINVOCATION AND PLEDGE BOY SCOUT TROUP 522 MINUTES DANIA CITY COMMISSION REGUI.,AR MEETING 'JANUARY 23 , L99O OF ALLEGIANCE PERFORMED BY Commi ss ioner of Boy Scout Bertino commended the young Troup 522 for their efforts people who are membersin this organization. ROLL CALI] : Present: Mayor: Vice-Mayor: Commissioners: City Attorney:City Manager :City Clerk: Charles McEIyea Bob Mikes ,f ean Cook Bobbie crace ,John Bertino Frank Adler Robert Flatley Wanda Mul l ikin PRESENTATTONS Carole Stanier, Principal for Dania Efementary School steppedforward to request Commission support for an Arbor Program thatwould give students hand on experience with planting trees andbeautifying Dania Elementary. Ms. Stanier requested donation ofone large tree to honor William Mauger, two trees in honor of theWinfield t}.rins, labor and materials for an outdoor potting shed,soil, a grater to make hammock areas and the possible use of alandscape architect for consulting purposes. City Manager Flatley commented that this request is inconjunction with the request made a few months back to becomeinvolved with the Tree City USA program and confirmed that theCity will attempt to assist in this program. PULLED FROM CONSENT AGENDA Items 1.3,1.5,1.12 and 1.13 1. CONSENT AGENDA 1.1 Regular Meeting of .Ianuary 9, 1990 Resol ut ions 1.4,L.9,t.6, 1.2 City Attorney Adler read the tiEle of the Resolutionopposing a proposed amendment to the Broward County TrafficwaysPlan providing for the deletion of a forty-two fool one-way pairtrafficway on Dixie Highway between Dania Beach Boulevard indSheridan Street and directing the City Cterk to forward a copy ofthis resolution to the Broward County planning Council prior tothe Council's consideration of the amendment of January 25, 1990. Ordinances 1.7 city Attorney Adler read Lhe title of the ordinance amendingsubparagraph (s) of Section 13-G9, Article rv of Chapter 13. ofthe Code of Ordinances for first reading. Mr. Adler explainedthat this ordinance designates the time when trash wirl be pickedup and describes the approximate measurements of a six yard 1oad. REGUIJAR COMMISSION MEETING 1 .,]ANUARY 23 , 1990 I 1.8 City Attorney Adler read the title for first reading of the ordinance creating a new subsection 17-11.4 prohibiting totaf nudity in establishments where alcoholic beverages, beer or wine are sofd or offered for safe for consumption on the premises; and prohibiting any person maintaininq, owning or operating an establj-shment where alcoholic beverages, beer or wine are sold or offered for sale for consumpti-on on the premises from permitting or suffering total nudity in such establishment. 1.10 City Attorney Adler informed the Commission that the title of the ordinance on the agenda relating to RZ-87-89 describes the property at the time of the original petition by Ross Beckerman. Mr. Adler reminded the Commission that since the zoning has been changed dividing the North section as C-3 and the South section as C-4 a new ordinance was prepared. Mr. Adler then read the title of the new ordinance for the property locatedat 280 Bryan Road for first reading. 1.11 City Attorney Adler read the title of the ordinance anending subparagraph (5) of Section 8-3(b) of Article I of Chapter 8, of the Code of Ordinances to provide changes in pernit fees forpaving. parking and sidewalks for first reading. A motion was rnade by Commissioner Bertino. seconded by Cook to approve the consent agenda. The motion passed on the following roll call- vote: PULLED FROM CONSENT AGENDA 1.3 City Attorney Adler read the title of the resolutionapproving second agreement between City of Dania and Broward Count-y for Park Project in the anount of 945.000. Mike Smith, Personnel Director, explained that $15,000 of the S45,000 will be going for trees, landscaping and benches for N.W14th Way Park and that the S30,000 will be going into conpletingthe sidewalk around Modello Park. Mr. Smith informed the Commission that there were no bids received on this project asrecently advertlsed and that he is in the process of developingpool of bidders to obtain the best competitive price on theproject. A motion was made by Commissioner Grace, seconded by CommissionerBertino to adopt this resolution. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace*yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor MCEIyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes a 1.4 City Attorney Adler read the title of the resolutionapproving second supplement to ,fanuary 16, 19Bj- lease andlicensing agreement between City of Dania and Aragon Group. Inc. City Manager Flatley explained the developments over the last twoyears with Aragon Group for the construction of a hotel atSeafair. Mr. Flatley gave an overview of the terms andconditions to the new lease agreement for approval tonight. REGULAR COMMTSSTON MEETING 2 .]ANUARY 23 , T99O Mayor McElyea feft it necessary to open a public hearing on this item at this time. At this time, Craig McAdams, vivian warman. Morey Socket. and L,ou Gustorf spoke in opposition. At this time. Gforia DaIy, Bob Lizano on behalf of the Chamber of Commerce, Gordon connor, Gene Jewel1, Hugo Renda, Howard Hirsch, and Wilson Atkinson representing the Aragon Group spoke in favor. Mayor McElyea closed the public hearing and opened to the Commission for possible act ion. A motion was made by Commissioner Grace, seconded by Conmissioner Cook to grant the resolution approving second supplement to January 16, 1981 lease and licensing agreement between City of Danla and Aragon Group, Inc. After further discussion, Commissioner Bertino made an amended motion, seconded by Commissioner Grace to include that the city r+ould maintain fu1l controf of the city portion of the parking area with a fifty year lease effective after the Certificate of Occupancy is received. The amended motion failed on the folloring ro11 call vote due to a four-fifths vote requirement for this item: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vi-ce-Mayor Mikes-no Mayor McEIyea-no 1.5 City Attorney Adler read the title of the resofution approving amendment to collective bargaining agreement between the City of Dania and Metro-Broward Professional Firefighters I-,oca1 3080, IAFF. Bob Sugerman, Attorney for the Pension Board, explained that after the City and the union agreed to their collectivebargaining agreement with regard to the changes in the pension fund and the chanqe in the retiree health insurance, an ordinance had to be passed to this effect. Mr. Sugerman explained that before an ordinance can be passed on final readingthat amends the pension p1an. the ordinance must have anactuarial impact statement from the fund actuary and be approvedby the Division of Retirement of the State of Florida. Due tostate 1aw, the City is required to pay for the 1st, 2nd and 3rdyears increase now into the pension fund which amounts toapproximately 6.2% of payroll in accordance with the agreement.Mr. Sugerman suggested adopting an ordinance each year. that would allow the City to pay as you go instead of paying threeyears in advance. Mr. Sugernan further explained that since the union passed up itspay increase and agreed with the City that two-thirds of retireehealth insurance would be paid for by the city, they wanted tohave this paid out of the pension plan. The reason beinq thatthe pension plan has its own money, it's pernanent, it has theability to invest/save money and that the same organizationpaying the retiree his pension would also be paying his healthinsurance . Mr. Sugerman explained that he sent this change upto the actuary and that the actuary determined this change tocost 10.8t per year. Mr. Sugerman reminded the Commission thatthis was not what the City and the Union had in mind when theyreached their agreement. Mr. Sugerman explained that the actuaryfigured this by taking each employee and figuring out how muchhis retiree health insurance would cost from the time he retiresuntil he dies and saying to the city from now until the time heretires. you have to put in enough money so that the moment heretires there is enough money to pay the retiree his healthinsurance for Lhe rest of his life. This was not the deal thatwas made with the City and the union either so Mr. Sugerman changed the agreement by removing the retiree health insurance REGUI,AR COMMISSfON MEETING 3 iIANUARY 23, 1990 from being paid from the pension plan and changed it back so that the City would pay as you go. Mr. Sugerman requested approval of this resolution approving the amendment to the agreement so that the city can determine each year the amount of money that is required to fund retiree health insurance and pay it from current income for that year on1y. The City would not have to pay 10.20, 30 years in advance as required by the Actuary and the State of Florida, Division of Retirement. A motion was made by Commissioner Bertino. seconded by Commissioner Cook to adopt the resolution approving amendment to collective bargaining agreement between the City and Metro- Broward Professional Firefighters I-,oca1 3080, IAFF. The motion passed on the following ro11 calf vote: AT THIS TIME, ITEM 1.12 WAS HEARD Ordinances1.6 city Attorney Adler read the title of the ordinance granting to each city commissioner an option to participate in the City's health insurance program or in lieu thereof, to be compensated in an amount equal to the prevailing cost for insurance benefit coverage. Mike Smith, Personnel Director, explained that it is costeffective to pay commissioners for not going into the city's health insurance plan rather than for the commissioners to accept the city's health insurance. A motion was made by Commissioner Cook, seconded by CommissionerBertino to adopt this ordinance on first reading. The motion passed on the following rolf caff vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 1.9 City Attorney Adler read the title of the ordinance creating Chapter 28, Code of Ordinances entitled "Land Development" andcreating Article 1 entitled "Genera11y"; by creating Article 2entitled "Consistency and Concurrency Determination Standards" and Article 3 entitled "I-,evels of Service" which provides regulations for the determination of concurrency and consistencyof any development with the City of Dania and Broward County Comprehensive P1ans. Mr. Leeds explained that the zoni,ng changes that were made wereto implement the comprehensive plan that was adopted andcertified by the state back in April 1989. The changes made haveclarified ambiguities in the code and to address particular itemsthat are currently enforced that are not spelled out clearly inthe Code. Mr. L,eeds reminded the Commission that an addendum wasplaced in the Code that wilf aIlow the Cj-ty to incorporate annexed properties into the City of Dania zoning requirements ifdesired. REGULAR COMMTSS]ON MEETING 4 .JANUARY 23 , I99O Larry L,eeds, Growth Management Director, explained that this ordinance covers the l-,and Development Regulations that the Cityis required to adopt consistent with state 1aw and the Broward County Comprehensive Plan. Mr. Leeds explained that there are two parts; concurrency requirements and revised zoning ordinanceregulations. Mr. Leeds explained that Hhat the concurrency ordinance does isestablish a procedure pursuant to state 1aw that before apetitioner can obtain a buildinq permit, they must come in andget a "Determination of Concurrency,, which is a certification bythe City that there is sufficient capacity in the infrastructureLo accommodate the development. Mr. Leeds explained that singlefamily and duplexes on single lots, any DRI's; plats approvedbetween 1979 and 1989 are exempt. ff a petitioner for a proposed development is not exempt.must obtain a certification. In order to obtain thiscertification, the petitioner must go for an ,'Action p1an"is submitted to a traffic engineer that determines how aparticular development will accommodate the impact in termstraffic on the project. t hey tha t of A motion was made by Vice Mayor Mikes,Grace to adopt this ordinance on first Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes V j-ce-Mayor Mikes-yes Mayor McElyea-yes s econded reading.by Commiss ioner The motion passed on the following roII call vote: 1.12 city Attorney Adler read the title of the ordinance amendingChapter 18 of the Code of Ordinances of the City entitled"Pensions and Retirement,' to change the amount of the monthlyretiremenL benefit for firefighters after Oetober 1. 19g9.changing the amount of employee contributions to fund suchbenefits. Mr. Sugerman explained that this is the first of three annualordinances that will increase the pension benefits as the cityagreed in the contract with the union. This years increase isfrom 2.5 to 3t so when a firefighter retires, he will receive 3*of his average compensation rather than 2.5t. Mr. Sugermanconfirmed that this onry pertains to firefighters who retire onor after October 1, 1989 and does not apply to the policeOfficers who now work for BSO who remain- in ttre City's eian. The second concern addressed in this ordinance was to correct aproblem pointed out by the other agency that regulates thepension fund, Department of Insurance.- Mr. Suglrman explainedthat the state Iaw requires a minimum benefit ior each y.ui to n.2*. Mr. Sugerman was advised by Mr. Martin Clayton, neparimentof rnsurance, that theoretically our current cap of a 75* benefitcould violate the state 1aw beciuse if someone worked for thecity as a police officer or firefighter for more ttran :i.S-V."."then at 2* per year, they would be entitled, under state lai, tomore than a 75t pension. Mr. Sugerman explained t.hat thi;ordinance has changed the maximui benefit for firefighters;before it was 2.5 years at 2.5* for 30 years to meet ?5t and nowit has gone up to 3t which mearrs that tiey will hit the benefitafter 25 years of service. Mr. sugerman informed the commissionthat this ordinance clarifies that they get 3t for the first 25years and then for the next 12.5 years. you get nothing and youmake no contributions and if you are here moie than 3715 yearsthen starting with year 3?.5 you will get 2* per year ttreieitterto meet the state minimum. Mr. sugermin stated that this ispurely a theorectical exercise and he does not believe thatpeople wifl be here more than 37.5 years, but t.hat this is astate requirement. A motion was made by Commissioner Bertino, seconded byCommissioner Cook to adopt on first reading the ordininceamending Chapter 18 of the Code of Ordinances entitled ,,pensionsand Retirement', to be in compliance with the Ei;;ii;tri..-'"-Agreemen t . REGUIJAR COMMTSSTON MEETTNG 5 JANUARY 23, 1990 The motion passed on the following ro11 call vote: Commissioner Commissioner Cornmissioner Bertino-yes Cook -yes Gra ce-yes Viee-Mayor Mikes-yes Mayor llcElyea-yes Vice-Mayor I'likes-yes Mayor McEIyea-yes 1.13 City Attorney Adler read the title of the resolution increasing its selrer Fund Budget for the fiscal year 1989-90 from Sl ,292,900 to $1,332,900. A motion was made by Vice Mayor Mikes, seconded by Comnissioner Bertino to adopt this resolution. The motion passed on the following roll call vote: Commissioner Bert ino-yes Commissioner Cook-yes Commissioner Grace-yes 2 3 PROCLAHATIONS _ none BIDS ( 8:15 P-l{- cl,osrilG) 3,1 City Manager Flatley recommended to reject the three bids received for the 1989 Ford bus. Rockwell parking meters and portable radios and accessories and to readvertise. A motion was made by Commissi.oner Bertino, seconded by Commissioner crace to reject all bids received and authorize City Manager Flatley to auction off these items with other cities to obtain the best price for these items. The motion passed unanimously. PUBLIC flEARINGS Al{D CTIEER REL,ATED UATTERS Building & Zoning 4.1 city Attorney Adler informed the Conmission of a variance request by Value Rent-A-Car for property located at 1030 Taylor Road to aflow the i.ncrease in height of an existing ground sign from permitted 20' heighE to proposed 40' height subject to all Iocal. county. state and federal aviation requirements. Mayor tttcBlyea opened the public hearing. After hearing vincent Carroll speak in opposition and no one speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Bertino. seconded by vice Mayor Mikes to deny this vari.ance VA-55-89 as requested by value Rent- A-Car. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-no Mayor McElyea-yes Commissioner Grace-no S ITE PIJANS 5.1 City Attorney Adler informed the Commission of a revised site plan SP-o4-90 approval that would substitute a donut shop for a part of the orginal retail center for the shopping center as requested by Richard Ferayorni. Petitioner and Michael O'DonneLl, owner, for property focated at 1301 South Federal Highway . 4 5- REGULAR COMMISSION MEETING 6 JANUARY 23, 1990 A motion was made by Commissioner cook. seconded by Vice Mayor Mikes to approve the revised site plan sP-04-90 as requested by Richard Ferayorni for property located at 1301 south Federal Highway. The motion passed on the following ro11 call vote: 6 7 EXPENDITURE REQUESTS none SPECIAI] REQUESTS '7.1 City Attorney Adler informed the Commission of a special request by Dania Lion's CIub for permission to sell beer and wine on Dania Beach during their annual one-Ton Tug on February 17, 1990. A motion was made by Commissioner Bertino, seconded by Commissioner cook to qrant this special request with the stipulation that the Leam members and participants of the tuq be exempt from paying for parking. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor McEIyea-yes vice-Mayor Mikes-yes Mayor McEIyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor MCEIyea-yes Commissioner Commissioner Commissioner Bertino-yes Cook - yes Grace -ye s 8-AP PO I NTMENTS 8,1 Appointments to the Flag Committee. A motion was made by Commissioner Cook, seconded by commissioner Bertino to appoint vito Mancini to the Flag Committee. The motion passed on the follouing roll call vote: A motion was made by Commissioner Cook. seconded by Commissioner Bertino to appoint Faye Pafmer to the Flag Committee. Commissioner Bertino withdrew his second. A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to appoint Faye Palmer Bathalimus to the Flag Committee. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes A motion was made by Mayor McEIyea, seconded by CommissionerBertino to appoint Mr. Robert Kelly to the Flaq Committee. The motion passed on the following ro11 cal] vote: REGUI.,,AR COMMISSION MEETING 7 JANUARY 23, 19 90 9. DISCUSSION 9.1 Vice Mayor Mikes requested a resolution be prepared and a public hearing be held in reference to the DER permit required for the relocation of the Dania Cut-off Canal in conjunction with the South Runway Expansion Project. A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to prepare a resolution directing City Manager to send a letter to DER requesting a public hearing on this project. The motion passed on the following ro11 call vote: 9.2 A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the resolution expressing Ehe intention of the City Commission to hold an annexation election for the Ravenswood Annexation Area aL the time of the General Election in November, 1990, provided that the annexation bill currently being considered by the Broward County Legislative Delegation be enacted into taw during the 1990 session. The motion passed on the following ro11 call- vote: Comrn j. ssioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commi-ssioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes 10. 11. CfTIZEN'S COI{MENTS * None ADMINTSTRATTVE REPORTS 11.1 City Manager no comments 11.2 City Attorney City Attorney Adler informed the Commission that Home Seekers Realty conveyed BIk 203 of "Hollywood Central Beach" over to the City of Hollywood a long time ago and that restrictions were placed by Hoflywood on this property. Mr. Adler stated that Hollywood has conveyed this property over to Dania with no restrictions and to own it fee simple. Mr. Ad1er stated that he has the original deed that has been approved by the City of Hoflyuood Commission and requested a motion to accept. A motion was made by Commissioner Cook, seconded by Commissioner Bertino to accept the deed for B1k 2O3 of "Hollywood Central Beach" from the City of Ho11ywood.. The motion passed on the following roll cafl vote: 12. CO}II'TSSION COMMENTS 12.1 Commissioner Bert ino Commissioner Bert inothe airport.requested information regarding the DRI for City Manager Flatley reported that this DRI is still in process because the information submitted to the South Florida PLanning Council was insufficient. !4r. Flatley stated that when aII REGULAR COMMISSION MEETTNG 8 JANUARY 23, I99O information is sufficient then a letter will be received from the South Florida Regional Planning Council and will notify the Cityto set a public hearing date to issue a development order and atthat time. a serious review is conducted. Mr. FlaEley informed Commissioner Bertino thatfunds available at this time for bicycle pathsin the spring there wiII be monies available. there are no stateand that he hopes Flatley to set a 12. 3 Commissioner Grace no comments 12.4 Vice Mayor Mikes Vice Mayor Mikes requested City Manager Flatley look into thestreet lights being out near New criffin Road. Vice Mayor Mikes requested monthly or bi-monthly reports from gtroups Iike the Fire Department and Code Enforcement on theiractivities. Vice Mayor !"tikes felt this would help the Commissionto determine where the problems are in the City and how effectivethe City is in each area. 12.5 Mayor Mc Elyea - no comments This regular commission meeting was then adjourned. 12.2 Commissioner Cook Commissioner Cook beach stickers tofive out of state Commissioner Cook requested City workshop meeting to discuss this ITY CLE _AUDITOR suggested revising the ordinance regardinginclude resi-dents who rent automobiles and whobut own property here in Dania. Man ager issue. OR-CO ST REGULAR COMMISSTON MEETTNG 9 JANUARY 23, 1990 4.