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.