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HomeMy WebLinkAbout1990-03-13 Regular City Commission Meeting MinutesTNVOCATION BY WANDA MUI]IJIKIN PLEDGE OF ALLEGIANCE ROI.,L CALL : Present: Vice-Mayor : Commi.ssioners: City Attorney:City Manager:City Cl-erk: MINUTES DANIA CITY COMMISSION REGULAR MEETTNG MARCH t-3, 1990 Bob Mikes .Iean Cook Bobbi-e Grace .Iohn Bertino Frank Adler Robert FIatley wanda Mullikin A notion was made by Commissioner Bertino, seconded byCommissioner Cook to excuse Mayor Mc El"yea from this neeting ashe is in Russia on vacation. The motion passed unanimously. PRESENTATIONS City I'tanager Fl,atley i-nformed the Commission and audience thatthe individuaf who Has presenting the ModelIo park program forblack history month has become iI1 and requested thispresentation be placed on the next regular meetinq agenda. PUITLED EROII! CONSENT AGENDA Vice llayor Mikes pulled 1.2 for discuasion- CONSEI{T AGENDA llinutes 1.1 Workshop meeting of February 20. 1990 Resolutions 1.3 City Clerk l{u11iki-n read theapproving lease agreement betHeenDania, Flori-da, for the leasing of I ibrary . ti. tle of the resolution Broward County and City ofreal property for use as a L.4 City Cl-erk Mu]likin read the title of theapproving developer's agreement by and betweenthe C j.ty of Dania. resolut ionM-I.M.E., Inc. and 1.5 City Clerk ltullikin read the title of the resolutionratifying and affirming the agreement between Reuter Recycling ofFlorida, Inc.. and the Cities of Dania, Hal-Iandale, pembioke Pines and Ponpano Beach. Ordinances 1.6 City Clerk Mullikin read the title of the ordinanceestablishing solid waste flow control pursuant to FloridaStatutes Chapter 403. Part IV, and Section 2.5 of the solid wastedisposal agreement dated August 19, 1988, as anended by letteragreenent dated February 15, 1989, and the consent and agreenentdated as of February 1, 1990, by and between the contracamunicipalities and Reuter Recycling of Florida, Inc. i 1REGUI,AR MEETING 1. MARCH ].3 1990 directing the delivery of all solid waste generated withi-n thecontract municipalitj-es to the resource recovery system describedhereini relinquishing title to solid waste collected or generatedwithin the contract municipalities upon delivery of such solidwaste to gaid resource recovery. 1.7 City Clerk Uullikin read the lengthy 1ega1 description ofthe ordinance approving the plat of "The NC 1., plat,'. A notion was made by Commissioner Cook, seconded by ComrnissionerGrace to approve the consent agenda with t.he exclusion of item7.2. The motion passed on the following roll call vote: AT THIS TIME, TTEM 3.1 WAS HEARD PULI,ED FROU CONSENT AGENDA 7.2 A motion was made by Commissioner Bertino, seconded byConmissioner cook to arnend item 4.1(B) of the minutes of B.ebruary27 by changing the time in C5 of the special conditj-ons to 7:00p.m. and 7:00 a-m. and to approve the minutes as corrected. The notion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Grace-yes PR.OCLAIiATIOI{S - l{Ot{E BIDS 3.1 Vi.ce Mayor received on the Commigsioner Cook-yesVice Mayor Mikes-yes commissioner Cook-yesVice Mayor Mikes-yes 2 3 Mikes asked if there were any other bids to beconstruction of NE 7th Avenue. A motion was made Commissioner Cookof NE 7th Avenue. by Commissioner Bertino.to close receipt of bids seconded byfor the construction The motion passed on the following roII call vote: Commissioner Bertino-yes Commissioner Grace-yes City Manager Ftatley opened NE 7th Avenue. Commissioner Cook-yes Vice Mayor Mikes-yes the bids received for the const.ruction of Ocean Bay Construction, Inc, ponpano, FIBid bond in the arount of 5t of P.ir- Contractors, Inc-, Dtiani, pI Bid bord inctuded Bergeron Land Develop[ent, Eoll]4{ood, FIBid bond included Weekley Asphalt & Paving, penbroke pines Bid bond included s473, 8s3. 8s 550. 157 . 18 57 4 ,424 .OO 507,308. OO 516, OO3 - 63 2REGUI]AR MEETING MARCH 13 1990 Mr. Flatley read the following bids: Holloy Bros. Inc., Ft. Lauderdale, FIBid bond in the anount of 5t of bid Commissioner Bertino-yes Commissioner Grace-yes Commissioner Bertino-yes Conmj-ssioner Grace-yes Commissioner Cook-yes Vice Mayor Mi kes Commiesioner Cook-yesVice Mayor Mikes-yes Hardrives Corpany, Ft. Lauderdale Bid bond included 443,601.95 lilliars Paving Co-, ltiari, FI Bid bond included 582,973 - OO A motion was made by commissioner Bertino, seconded by commissioner Cook to refer these bids to the City l.tanager and staff for a reconmendation to be brought back at the next regular meeting of March 27 , 1990 . The motion passed on the following rofl call vote: AT THIS TI}18. ITEI.' 1.2 WAS HEARD PUBI.,IC HEARITGS AI{D CIIIIIER REI,ATED }'ATTERS Building&zoning-none 4-1 Ci.ty Clerk UuLlikin read the title of the ordinance for second reading amending paragraph (b) of Section 6-33 of the Codeof Ordinances of the City of Dania, Florida to include residents who are parties to a motor vehicLe lease agreenent. Commissioner Cook informed the audience that this ordinance was discussed at a workshop meeting to assist those residents of Dania that live up north part of the year who are registeredvoters and are unable to bring thei.r own vehicles to Fforida to be able to obtain a beach sticker with a rented vehicle in accordance nith thi.s ordinance. Vice Mayor Mikes opened the public hearing. Hearing from VincentCarrol1, on behalf of the Dania Civic Center. speak in opposj.tj.on and after hearing several residents questions regarding thisordinance, the Mayor cLosed the publ-ic hearing. Conmissioner Bertino agreed with Mr. Warman's recommendation to arnend the ordinance to include that residents who lease vehi-cles have to put up an additionaf 520.00 deposit that will be returnedto them when the sticker is returned to deter people tromtransferring these stickers. A notj,on was made by Commissioner Grace. seconded by Commissioner Cook to amend this ordinance to include a S2O.OO deposit fee be charged to individuals who l-ease vehicles and that this S20.00 bereturned upon return of the sticker and to adopt this ordinanceon second readi-ng. The notion passed on the following ro11 call- vote: 5 6 SITE PI,ANS _ IIIOIIIE EXPENDITURE REOUESTS 6.1 City Manager FIat1ey explained the request by CopeLand Development for the Dania Publ,ic Housing Project to waive cityfees such as variance fees, site plan review fees and plattingfees involved in constructing a 4O unit project for the DaniaHousing Authority. 3REGULAR MEETING 4- Adninistrative Ordinances MARCH 13 1990 commissioner Bertino-yes Commissioner Grace-no Mr- Hi 11 confirmed event Has to a1low commissioner Cook-yes vice ltayor Mikes-yes I'tr. Gene Copeland, copeland Development Group, stepped forward to request waiver of fees for thj.s low income housing project. Mr- copeland explained that there are 40 units anticipated to be constructed on two sites that are divided with 14 units to be constructed on property owned by the Housing Authority and 26 units that will be built on property owned by copeland Development Group. Mr. Copeland explained that both properties are financed thru HUD. Commissioner Bertino pointed out that in regards to the property Mr. copeland owns, he rould be responsible as a builder for those fees and that the Commissi-on ghould only be concerned with the fees relatinq to the Housing Authority property. Commigsioner Bertino felt that the burden of these fees should be placed on the Federal governnent. vice Mayor Mikes opened the publi.c hearing. After hearing Faye Bartelmes and IIugo Renda express opposition and no one speak in favor, the Vice Mayor closed the public hearing. A motion was made by vice Mayor Mikes, after passinq the gavel. seconded by Conmissioner Bertino to deny this request to waive fees for construction of 40 Housing Authority units. The notion passed on the following ro11 caLl vote: 6-2 llr. Murray Bond, GoId coast Coneuter Services Project Director, inforned the Commission that the agenda iten was not to include a request to close Bryan Road but to inform and report to the City of Dania on information relating to the construction of the I-95 progres9. City Manager Flatley inforned the cornmission that he received a letter from sonyha Rodriquez-Mi 1ler, Gold Coast Commuter services. Hho requested to address the Commission on the closure of Bryan Road at Northwest First Avenue for tHo to three days due to the installation ot drainage from Interstate 95 to the C-10 Canal . Mr, Flatley stated that this should have been presented as a presentation rather than a request and requested Mr. Bond to inform him when they determine the date that Bryan Road will- need Eo be closed. Mr. Walter Lange, Area Engineer. stepped forr{ard to explain the installation of a 56" diameter outflow pipe and informed the Comrnission that he will provide the city Engineers with the EPA material and aII permitting material, as requested by Commissioner Bertino, so that residents can be assured that the Canals wiLl not be po11uted. 7-SPECIAI, REQUESTS 7.1 City Manager FIatIey inforned the comnission of a request by "christ Is The Ansuer Crusades" to hold a tent revival at 502 Phippen Road on Mr. clinton Hill's property. Mr. Flatley informed the Commission that he reviewed the crusade aite in Pompano and expressed his concern that the Hill property is notbig enough to handLe the significant operation that involves a fleet of simi truckg and travel trailers and a number of people who will be campinq out on the property. Mr. Flatley passed pictures around of the Pompano Crusade for the Conmjssion to review. that the only thing he agreed the construction of a tent on to for thishis property. 4REGUL,AR MI.]EI'ING MARCH 13 1990 A motion was made by commissioner Bertino to grant the request to have thig revival but that they can only erect a tent and no vehicles uilL be parked on the propertY. Mr. Chris L,yden. "Christ Is The Ansuer Crusades" from EI Paso, Texas, stepped forHard to confirm that he would only need the tent and that the vehicles would be parked on the seminole Indian Reservation. He explained that there would only be tro trucks brought on the property to unload thej-r equipment and then they would be parked outside of Dania. Mr. Lyden inforned the colonission that they do distribute flyers announcing the revival and that he expects around 100 people. Conmissioner Bertino restated his motion, seconded by Commissioner cook to a1low the construction of a tent only on the HiII property for this revival subject to aII inspections for safety, health, fire and electrical. the revival would be held between 7:30 and 9:30 p.m. from I'tarch 18 thru April 7, 1990. and to abide by the sound ordinance and any extra ordinary requests that the City may have to sound in an effort to protect residentg in the area. The notion passed on the following ro11 call vote: 7 -2 city Manager Flatley informed the Commission of a request by Tugboat Annies request for approval on a "as needed" basis for erection of tents for various atfairs nhile the structure is being renovated. Mr. Flatley recommended that Tug Boat Annies be completed prior to a tent construction approval. A motion was made by Commissioner Bertino, seconded by Commissioner crace to deny this request. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Conmissioner Grace-yes Commissioner Bertino-yes commissioner Grace-yes Commissioner Bertino-yes Commissioner Grace-yes Comnissioner cook-yes Vice Mayor Mikes-yes Commissioner Cook-yesvice Mayor Mikes-yes 8-APPOINTMENTS 8.L A motion was made by Commissioner Bertino, seconded by Commiesioner crace to table the request by the Police and Firefighters Retirement System to remove Rholanda Higqs-Rule from the Board and to appoint another member to the next workshop I'teeting before it is brought to a regular conmission meeting. 5REGUIJAR MEE'I'ING MARCH 13 1990 ur. sandy Kushner stepped forrard to explain the request for pernission to put up tents for epecific occasiong and events at Tugboat Annie'g. He expects events to be two or three times a year for tHo or three days or a week at the most. Mr. Kuohner explained that ti.me wouLd not allow them to have to come in for permission from the commisaion each tine they had an event. Mr. Kushner asked that the requests be approved by the Buildinq Department to ensure all code requirements are met and that this permit be allowed for a one year period. Cornmissioner cook-yesvice Mayor Mikes-yes The motion passed on the following ro11 call vote: 9. DISCUSSION Commissioner Bertino-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Grace-yes Commissioner Cook-Yes vice Mayor Mikes-yes 9.1 Commissioner Bertino informed the commission of a graffiti problem in the city that is instigated by gang nembers. Lomnissioner Bertino suggested that gang members may be deterred from this activity if property owners were made responsible-for removing graffiti from their buildinqs immediately to minimize the effeci. Commissioner Bertino requested the graffiti ordinance be amended to incfude this procedure. g-2 Commissioner Bertino requested an ordinance be prepared regarding fortune-tefling and palmistry regulatlons to include Eh;t the;e individuals be required to go thru a background check to ensure that there is no fraud involved. 10- 11 . CITIZENS' COMMENTS ADI.IINISTRATM REPORTS 11.1 City Manager city Manager Flatley requested permi.ssion to employ a counsel for an annexation parcel- owned by David Rush. Electronics and the Racket Ball Club. special ACR A motion was made by Commissioner Cook, seconded by Commissioner Bertino to grant the request for City Manager Flatley to empl"oy a special counsel to prepare a pre-annexation ordinance for parcel owned by David Rush and to bring back to the Commission for approval. The motion passed on the followinq roll- call vote: Commissioner Cook withdrew her rnotion and restated her moti'on, seconded by Cornrnissioner Bertino to direct City Manager FLatley to speak with Attorney Cteve Herring, counsel for David Rush, to reach an agreement for a pre*annexation ordinance and any past b111 that may be owed to him and. in the event, no agreement is reached, Mr. Flatley has the right to negotiate with another attorney to be approved by the Commission. The motion passed on the followj.ng rofl caII vote: t1-.1-.2 City Manager Flatley requested a workshop Meeting be scheduled for March 20 at 7:30 p.m. to discuss the Bso contract, safe Neighborhood Plan, L,iqotti property, development of van Murray property and the removal of Rholanda Higgs-Rule from the Police Firefighter's Retirement system. Storage & The Commlssion agreed. L1,1.3 City Manager Flatley suggested to invite citizen participation to remove the tile in the city HaIl Atrium as the cost for labor to remove the tj-1e is around S10,000. Mr. Flatley informed the Commission that March 31 at 9:00 a.m. has been scheduled for this event. commissioner Bertino requested that I"tr, Ffatley check into the insurance coverage for this project. 6REGULAR MEETING MARCH 13 t- 9 9 0 Commissioner Cook-yes Vice Mayor Mikes-yes 11.2 City Attorney city Attorney Adler informed the commi6sion that ordinance relating to platting from Dade County Rubin and said he would be distributing copies- he has received the from commissioner L2. COMMISSION COI'IMENTS l-2.1 Commissioner Bertino Comnissioner Bertino requested that the approved A.C.L.F. located on Sheridan Street be added to the agenda for the next neeting as he thought there was a one year condition to the approval. Conmissioner Bertino requested Ehat any special exceptions, variances or flex zones with a one year requirenent be brought back to the commission for further review. wilI AIlen. Groxth Management Director. stated that he would research the A.C.L.F. approval and that a list of the variances. special exceptions and flex zone approvals with conditions has been prepared. Mr. Alten suggested adding these items to Ehe agenda a few at a time for reassessment. Commiseioner Bertino requested City Manager Flatley to contact Bso regarding wake problems in the N.E. section. Commissioner Cook informed the Commission that a Youth in covernment meeting, thru the Kiwanie Club, will be held on March 27th prior to the regular commigsion neeting and that tickets are available tor sale for a dinner at Jai AIai at a cost of $17.50 on behalf of the Youth in Government. 12.3 commissioner Grace no comments Vice Mayor Mikes suggested looking at the landscaplng ordinance to provide perimeter landscaping to buildings to discourage thegraffiti problem. vice Mayor Mikes requested City Manager Flatley to look need for a four-way stop sign at Southeast Second Avenuegeveral accidents. into due the to city Manager Flat}ey informed the Commission that he is putting an agreement together for stop signe at second Avenue and seventh street and asked Comrnission input for any other intersections in this area before he prepares another stop sign agreement with the county. 12.5 Mayor Mc Elyea on vacation This regular cornrnission meeting was then adjourned. YOR -C 0 I IO CITY CLERK-AUDITOR 7REGUI,AR MEETING MARCH 13 1990 12.2 Commissioner cook 12.4 Vice Mayor Mikes vice ttayor Mi.kes asked city Attorney if he could highlight the areas in ordinances when they are being revised to assist the Commission in reviewing.