Loading...
HomeMy WebLinkAbout1990-06-26 Regular City Commission Meeting MinutesINVOCATION BY WANDA MUI,L,IKIN PLEDGE OF ALLEGIANCE ROI-,L, CALL : Present: Mayor : vice Mayor: Commissioners: llrlflrtEs DANIA CITY COT,I}TISSION REGUI,AR I{EETING aruNE 25, 1990 citcitcit yA yMyC t torney : anager:lerk: Charles McElyea Bob Mikes Jean Cook Bobbie Grace John Bertino Frank Adler Robert Flatley I,landa Mul I ikin 1 CONSENT AGENDA I'tinutes 1-1 ilune 12, regular Eeeting A Dotion ras nade Grace to approve Adler . Commissioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes Resolution 1.2 City Attorney Adler read the title of the resofution declaring certain personal property as being obsolete and surplus and no longer needed for nunicipal purposes and further declaring the intent of the City of Dania to sell sane- (Surplus items are one 1974 and one 1979 Ford van) ordinances (First Reading) 1.3 City Attorney Adler read the title of the ordinance for first reading to provide for ninimum standards for commercial . residentiaf and institutional structures within the City, providinq definitions; providing for enforcenenti providing for inspections; providing for separability. L-4 City Attorney Adler read the title of the ordinance for first reading arnending Section 13-70, Article IV, Chapter 13 of the Code of ordinances of the City of Dania, Florida relating to the tine of garbage pick-up. The lotion passed on the following roll call vote: by Connissioner Cook, seconded by Commissioner the consent agenda as read by City Attorney vice-llayor l.likes-yes ltayor ltcElyea-yes 2. AT 3. PROCLA}IATIONS 2.1 Mayor McElyea Dania and read the TEIS TIUE, TTE!! 7.1 BIDS- TOT{E proclained JuIy proclamation in 5, 1990 as "Cunard Day" in its entirety. 1REGUI,AR MEETING WAS HEARD JT'NE 26, 1990 4 ITE}I 4.1 I{AS HEARD AETER, ITE}I 7.1 PUBI.,IC HEARINGS AND OTHER REI,ATED UATTERS 4.1 City Attorney Adler informed the Commissi-on of a request by Craven Thompson & Associates, representing Broward County-, of a continued purric Hearing on LU-29-90. Mr. Adler stated that this ;;il;;i j.nvolves the adoption of a resolution authorizing trinsmission of land use plan change as requested to amend the certified land use plan from desiqnation as Parks and Recreation to lndustrial for the property tocated on the southeast corner of Ravenswood Road and Griffin Road. A.J. Ryan, representi-ng Craven Thompson & Associates, stepped forward to present the amendment to the land use plan as requested by Broward County for the area known as Tigertail Park and describea ttis area on the map for the Commission and audience. Mr. Ryan explained that the County has been offered some 2 million doflars for the 23 acres in question' Mr' Ryan explained that the county expects to use these funds for Parks & Recreation needs and that the proposed buyers wish the property to be changed to commercial and industrial use for their own development needs. City Manager Flatley responded to Commissioner Grace's concern regirding who has the final say on the rezoning of this property by explaining that the rezoning request will have to come back neforl the Commission, if approved by the State, and at that time Dania wiff have the final decision- City Manager Elatley reported that he has contacted County cornirissioner, Nicki Grossman, to determine if the County will make some kind of concession since Dania stands to lose park property. Mr. Flatley nentioned that Commissioner Grossman seems to feeli the County should exchange land with Dania that could be used for park purposes in the area north of Griffin and south of the canal. Mr. Elatley mentioned that Commissioner Grossman has requested the county Recreation staff to meet vlith some citizens in that area in an effort to work things out. Vice Mayor Mikes expressed his concern for the loss of city land pei acreage and requested Will A1len to respond to his question on whit the state Department of Community Affairs involvement mlght be in the event Dania and the County cann come to an agreement. WlfL AlIen, Growth Management Director, explained that action on adoption of this resolution wiIl onty permit the transmission of the land use plan change to the state and that actual amendment to the plan must come back to Dania if the state approves' Mr' AtLen mentioned that the City is required to maintain certain leveIs of service for various utilities and services including parks and recreation in accordance wj-th the Comprehensive L.,and Use PIan and that Dania does have 3 acres per 1,000 population minimum for park land. Mr. Alfen mentioned that he has contacted the state Department of Community Affairs but that they are unable to comment since they do not have all the information on this land use amendment. park ot vice Mayor Mikes ment i oned acreage in the area that is the Ci ty. the importance of making up the park being impacted not in another Part Mr. Ryan informed Vice Mayor Mikes that the Broward County Planning CounciL staff has made a recommendation to the Broward County Commission that they initiate coordinated efforts to acquire an alternate park site for those individuals presently using Tigertail Park. 2REGUI,AR MEETING aruNE 26, 1990 of Ryan to respond if they give up to the quest ion this park Mr. Ryan calcul-ated the value and square footage of the 23 acres of proposed industrial property times Dania's millage rate and estimaied that Dania might expect an increase in the tax ro11s of around $25,000. Commissioner Cook expressed the need to protect Dania by adding a clause in the Resolution transmitting thj-s land use plan change insuring that park land will be exchanged or that Dania will receive a portion of the funds from the County when the property is sold. City Attorney Adler stated that it would not be proper to add thii clause in the transmittal resolution and reconfirmed that adoption of this resolution only approves the transmiLtal to the state. Mr. Ad1er confirmed that Dania is protected in that they have the final approval if the land use plan is approved by the state. Mr. Adler continued to say that if the County has not made some kind of exchange for the fand, once it comes back to Dania for approval , Dania is stifl protected until they grant final approval of the land use plan amendment. In regards to the total 37 acres of land in question, Mayor McEfyea asked Mr. Ryan if the County woul-d consider turning over the feft over 14 acres to Dania in exchange for the 23 acres proposed for development. Mr. Ryan was not at l-iberty to answer on behalf of the County in response to Mayor McElyea's question. Mayor McElyea opened the public hearing. Jay Field, President of cAif, stepped forward to read tuo motions, made by the Board of Di-rectors, requesting a postponement until the city has completed negotiations with the County on a mitigation program replacing Tiqertail Park with a new park and confirmlng support of the amendment if the mitigation program turns out to be acceptable to his orqanization. Alex Buchbaum, Vice President of the Griffin Civic Association, Peggy Breeschoten, Bill Hyde, Faye Bartelmes and Irving Warman expressed opposition. Commissioner Cook requested A. J. of trhat revenue Dania can expecE proper tY . Vivian Warman expressed from Parks & Recreation A motion was made Mikes to postpone written proposa] s with the land and propertY. Marion Schulty, President of Ravenswood Estates. expressed opposition to commercial development in the Ravenswood Road vivian Warman asked Mr. Ryan to respond to his comments made the workshop meeting and tonight regarding park equipment- area. at Mr. Ryan clarified that he was referring to Dania working with the County to have the funds, expected to be gained by the sale of this property, utilized for park purposes and equipment in Dania. opposition t<-, changing the land use plan to Industrial. Hearing no further comments, the Mayor cfosed the public hearing. by Commissioner Bertino, seconded by vice Mayor action on this item until the City can obtain from the County on exactly what they plan to do what Dania can expect to receive for park Commissioner Cook suggested that Dania should send a proposal to the County, instead of the county sending a proposaf, explaining that Dania wil] expect to receive the funds from the sale of this property to be used for park purposes. 3REGUI,AR MEETING iIUNE 26. 1990 Commissioner Grace expressed the need for green space in the City of Dania and did not feel this proposal to be to the best interest of the citizens ln Dania. Vice Mayor Mikes stated that the issue is not what money w111 be brought into Dania but rather the quality of life in the impacted area staying the same. Vice Mayor Mikes mentioned that he is wilfing to fiear what the County has to offer but that Dania is also obligated to supply park and recreation area in accordance with the Comprehensive l-,and Use Plan. commissioner Cook suggested that the parties involved get together with the various civic organizations and discuss this proposal to the best interest of all involved. At this time. Cornmissloner Bertino's ro11 call vote: motion passed on the following 4.2 City Attorney Adler informed the Commission of a continued variance request (vA-25-90) to a1Iow the erection of a sign 485 sq. ft. in area and 58' in height bY Marco Manzie, Agent for sheraton Design Center Hote1, owner, for property located at 1825 Griffin Road. Commlssioner Bertino-yes Comnissioner Cook-yes Commissioner crace - yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor MCEIyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes Phil Durry, representing Mr. Manzie, stepped forward to explain neetings have been conducted with representatives of DCoTA and aII parties have agreed to redesign the sign by eliminating the diqital read out section and to move the sign 180 feet forward its present location. that that f rom Mayor McEfyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Cornmissioner Bertino. seconded by Commissioner Grace to approve variance (VA-25-90) as requested by Sheraton Design center Hotel. Will AIIen, Growth Management Dlrector. explained that the request r.ras originally f or three signs i Bootles. Citibank and an electronic message board sign which was 185 square feet. Mr- Allen stated that the electronic message board sign has been eliminated and that the location of the sign has been moved around 180 feet to the north and the helght of the sign reduced from 58' to 50'. Mr. Al1en mentioned that originally there was 240 sq. ft. and that now there are two separate slgns with a total of 308 sq. ft. Commissioner Bertino's motion passed on the followinq roll calf vote: 4.3 City Attorney Adler informed the Commission of a variance (vA-30-90) request by Francois Boileau, petitioner. and ocean waterway Mobile Home Park, owner, to allow the addition of a carport with a 6' side yard setback for property located at 140 Eleuthera Drive. .Iack Palmarino, representing Mr. Boileau. explained that this request is to construct a carport with a 6'side yard setback ( 10' required ) . Will AtIen, crowth Managenent Director, exptained that this mobile home fronts on Eleuthera Drive and the back would be up against the Old Griffin Road property line. Mr. Al-len mentioned 4REGULAR MEETING iIUNE 26, 1990 that the requirement for that the petitioner has 6 Board recommended deniaf . Mayor McElyea opened the public hearing' Mr' Irving warman and iiil-ef spies in?ormed iyre^Commission that the neighbor adjoining ;i.'";.;;;;iy is in obiection to this.request and-unable to ;;;;.;-;;;-ii, vrear'tn-i6u"o."' ur' spies sussested continuance on [ii"-i.q"."t until both parties have had an opportunity to come to a resolution. 11.".- clf.i"l1a Palmarino requested approval of this request. Hearingnooneelsespeakinfavororoppositlon,theMayor closed the Public hear ing . separation for this carport is ' and stated that the Planning ro11 cafl vote: vice-Mayor Mikes-Yes Mayor McElYea-Yes 10' and & Zoning awnings have the southern A moti-on was made bY Commissioner Bertino to continue this variance of septenber 11, 1"990 in order to between the Parties involved. The motion Passed on the following commissioner Bertino-Yes Commissioner Cook-Yes Commissi-oner Grace-Yes Cook. seconded bY Commissioner request to the regular meeting allow time to work things out 4.4(A) City Attorney Alder informed the Commission of a two part ,".iu.r.. (ve-:f-gO) ana revisea site plan (sP-10-90) request by Vincenzo Apa for property located at 212 North Federa] Highway' Richard Bettor, representing Mr' Apa. explained that changes have ir".ii-*io" to the orlqinat sLte pran as requested and that ,the variance is requested to reduce the number of requlred parKang spaces from 81 to 55. I,lill Allen, Growth Management Director, reminded the Commission "i itr.i. direction from the May 1 workshop meeting to request a vari-ance for the .rrr*b". of pari<ing spaces and to show building eievations and landscapinq on the proposed site plan' Mr' Allen exptained that the p.opo""a building. consists of 20' 240 square feet and that the p"liii"".. has indicated 8,800 square feet will be used for storage purposes and that 1-1,440 will be used- for ietail use. Ur. Affen "t"t.d that the Planning & Zoning Board i."om*"naea approval of the reduction in parking and site plan approval Hith two "onaitiott"; more specific landscape information "i-tn" site plan and that the awnings be placed over the three doorHays along the south elevation of the buildinq ' claudia Resora, Resora Constructj-on, explained that been added on the westside of the building and along elevation to be in conformitY. t{ill Aflen explained that in order to obtain a building permit, lrr.-p"iiti"nei will have to receive a tetter confirming that thev have met aIl concurrency requirements from Broward County' Mayor McElyea opened the public hearing on 4'4 (A) reqarding the "u.ii"." riquest for parking. Hearing no one speak in favor or opposition, the Mayor closed the public hearing' Commissioner Grace suggested the awning on the west side of the n"iiai"s run all ttre iiy alonqJ the buildinq and to include this on the site P1an. Commissioner Bertino suggested palm trees be added in between awnings along the west ;ide of the bui-lding to enhance the i..,a"6upi.tg lnd three more trees along the back waI1 and also along the southside of the building' 5REGULAR MEETING JUNE 26, 1990 the Vice Mayor Mikes suggested a continuous coco palm hedge be added equivalent to the same spacing as what the city has planted along Federal Highway in each pface where hibiscus is shown on the siteplan on the west and south sides. At this tlme. Commissioner Cook made a motion. seconded by Comnissioner crace to approve 4.4 (A) variance (vA-37-90) request r.rith the following conditions; a continuous coco palm hedge along the west and south sides, three more trees along the back wal1 and south side of the building, two queen palms on the west elevation of the building on each side of the canope. and that 8800 square feet be limited to storage use only. The motion passed on the following roll cafl vote: (B) Mayor McElyea opened the public hearing on the site plan (SP-10-90) request for the proposed building at 2L2 North Federal Highway. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes s econded (sP-10-90) Vice-Mayor Mikes-yes Mayor UcElyea-yes A motion was made by Commissioner Bertino, Commissioner crace to grant the site plan by as amended. The motion passed on the following ro11 call vote: Commissioner Commissioner Commissioner Bertino-yes cook- yes Grace-yes 4,5 City Attorney Adler informed the Commission of five-partpublic hearings requested by petitioner, Consultec Engineering and Robert Krilich, owner covering second reading of two ordinances on rezoning and plat approval, along with a vacation. variance and site plan approval for property located at the northeast corner of Stirling Road and I-95 for the proposed development of Cruisin USA. (A) City Attorney Adler read the second reading approving the pfat 90. title of the of "Cruisin' ordinance USA" aka/ for PL-39- Dan Oy1er, Consultec Engineering. stepped forward to represent Robert Krilich in this matter. W111 A1len explained that the plat approval forconsists of 12 plus acres formerly knoHn as the and "Duke & Duke Subdivision" and described the east of I-95 on the north side of Stirling road King restaurant area. Mr. A11en expl-ained thatis for a 250 room hotel and l-25,935 square feetindoor recreation area. Cruisin USA "Krilich PIat "property lying near the Burgerthe proposed use to be used for Mayor McElyea opened the public hearing on the plat approva]. Gi11 McAdam and Rick Burns, representing BroHard County Audubon and Fforida Audubon Society, stepped forward to express concernfor the loss of trees in relation to the widening of 18th Avenue. City Attorney Adler clarified that there has been no change inthe road right-of-way on this plat just the relocation of thehotel from the north end to the south end. After discussion regardinq the egress/ingress and widening of18th avenue, Mayor McEIyea closed the public hearing. 6REGULAR I''EETI NG JT'NE 26 , 1990 A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve the pl-at (PL-39-90) of "Cruisin, USA,' subject toa second means of access to be approved by the city, the AudubonSociety and surrounding people in the area so that the petitioner can go forward with architectural and platting procedures. The motion passed on the following rol} call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes (B) City Attorney Adler read the title of the ordinance for second reading rezoning (RZ-40-90) the following described lands:Parcel I: a portion of Parcel "A", Duke & Duke Subdivision, asrecorded in Plat Book 124. Page 48 in Broward County. Mayor McEIyea opened the public hearing. Hearing no one speak infavor or opposition, the Irtayor closed the public hearing. Will AI1en, crowth Management Director, explained that thisrequest is to rezone 4 acres of property from R-2 to C-2. Mr.A]}en mentioned that the property to the north is zoned C-2 andthat the Planning & Zoning Board recommends approval of rezoningthe remainder of the property to C-2. A notion was made by Commissioner Cook, seconded by CommissionerGrace to adopt the ordinance on second reading rezoning theproperty known as "Cruisin' USA". The motion passed on the following ro11 call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes (C) City Attorney Adler informed the Commission of adoption of aresolution vacating (VC-41-90) a 12' wide utility easement withinthe Krilich Plat as part of the "Cruisin' USA" development. Will AIlen, Growth Management Director. stated that this requestis to vacate a L2' wide utility easement along the west side ofthe property which is in the location of where the proposed hotelwill be. Mr. Allen mentioned that there is no existing utilitiesin the easement and that the petitioners have requested to vacatethe easement as it is conflicting with the proposed development. Mayor McElyea opened the public hearing. Hearing no one speak infavor or opposition, the Mayor closed the public hearing. A motion was made by Commi-ssioner Cook. seconded by Commissioner Grace to adopt the resolution vacati.ng a 12' wide utility easement within the Krilich Plat. The motion passed on the following roll call vote: Commissioner Bertino-yes vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes (D) City Attorney Adler informed the Commission of a variance (vA-38- 90) request to a11oH construction of a 5 story hotel structure not to exceed 62' in height (maximum heiqht of 3 stories and 40' permitted). 7REGULAR MEETING JUNE 26, 1990 Mr. oyler explained that there will beunj.ts with 4l- rooms per floor and thatutilized for a parking garage. 5 stories of residentialthe bottom leve] will be Wifl A1l-en, Growth Management Director. explained that the proposedhotel is showing as 6 stories and that building erevations have notbeen received yet. Mr. Al1en stated that this variance request wasrecommended by the Planning & zoning Board to be approved due to itsunique circumstances and is similar to the variance requests grantedfor other hotels along the f-95 corridor. Mayor McElyea opened the public hearing. Hearing no one speak infavor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, secondedCommissioner Grace to grant this variance (VA-43-90) 12 months for the foundation permit and that this besecond avenue of ingress/egress that is amenable toconcerned and the Audubon Society. by request forsubject to aall parties The notion passed on the following roll caII vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commi ssioner Grace-yes (E) City Attorney Adler informed the Commission of a site plan(SP-42-90) approval request for a 250 room hotel and a 125,935square feet indoor recreation facility. Will A11en, crowth Management Director. explained that thePlanning & Zoning Board recommended approval subject to a second means of access into the project and trees shown on the plantmaterial fist be increased in size to a minimum 12, in heightwith a spread of 6' per the recently revised ordinance. Mayor McElyea opened the public hearing. After hearing Mr. We1lsexpress his concern for damage being done to the trees, andhearing no further comments, the Mayor closed the public hearing. Will All-en responded to Mr. Wefl's concern by commending thepetiti.oners for their efforts in actually correcting a fillproblem by replacing fill in the area and for hiring an urbanforester to work with the City to identify the trees in an effortto save the area as much as possible. Mr. A1len also mentionedthat Mr. BiII Brooks, City Forester, is being consulted. A motion was made by Commissioner Cook, seconded by ConmissionerGrace to approve the site plan (Sp-42-90) with the followingconditionsi eliminatj-ng up to 10* of the parking to retain thetrees, subject to the elevation as shown on the plan, subject toa second access to be approved by the City. Audubon Society andall parties concerned, by correcting the square footage from L2l ,935 to 125,935 and that City Forester, BilI Brooks beconsulted in relation to the removal of trees. The motion passed on the following ro11 call vote: Commiss ioner Commissioner Commissioner Bertino-yes Cook-yes Grace-yes Vice-Mayor Mikes-yes Mayor McEIyea-yes 4.6 City Attorney Adler read the title of the ordinance forsecond readinq annexing properties described as the South 231.4feet of Lot 3, Block 4, of section 32, ToHnship 50 South, Range42 East, Reed Land Company Subdivision, plat Book 2. page 32, ofthe public records of Dade County, Florj_da; sald lands situate,lying and being in Broward County, Florida 1ess that portion deeded to Broward County for road right-of-way purposes, as set REGULAR MEETING iruNE 26 , 1990 forth in those certain deeds recorded in official records book7345. at page 628 and official records book ?572, at page ?10,both of the public records of Broward County; together with anyinterest of petitioners/owners in adjacent public right_of_way;providing for filing of copies; and providinq ror ""-.ir""ti""date . Mayor McElyea openedfavor or opposition, Conmiss j-oner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes the public hearing.the Mayor closed the Hearing no one speak inpublic hearing. A motion was made by Commissioner Cook.Mikes to adopt the ordinance on secondproperty owned by David H. Rush. seconded by Vice Mayorreading annexing the 4.7 City Attorney Adler read the title of the ordinance forsecond reading annexing properties described as the west 309 feetof the north 172.50 feet of Tract 2, Block 4, Section 32,Township 50 South. Range 42 East, as recorded in plat Book 2,Page 32 of the public records of Dade County. ftoiiaa. Thisproperty is owned by Rush Holdings. Inc. foimerty known as ACRElectronics, Inc. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes The notion passed on Lhe followj-ng roII catl vote: Mayor McElyea opened the public hearing. Hearing no one speakfavor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by ViceMikes to adopt the ordinance on second reading ann6xingproperty owned by Rush Holdings, Inc. formerly known asElectronics, fnc. Mayor the ACR Vice-Mayor Mikes-yes Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 1n 5.STTE PLANS 5.1 City Attorney Adler informed the Commission of(SP-43-90) request by Frank Kunzig for a r.rarehouse92i10 square feet located at 2983 Ravenswood Road. a site pfan building of Will A11en, Growth Management Director, confirmed that Mr. Kunzigadded the items recommended by the planning & Zoning Board whichincluded adding Iandscape materials and enilosinq the dumpsterpad. Mr. Allen informed the Commission that the site coniists of20,720 square feet and that 9240 square feet is zoned M_1 andthat all code requirements have been met, Frank Kunz 19 been made toDirector to Mayor McEIyea opened the public hearing.favor or opposition, the Mayor closed the A motion was made by Commissioner Grace,crace to grant approval of the site planby Frank Kunzig for the property located stepped forward to confirm that the changes havethe site plan requested by crowth Managementincrease bushes up to 57 and add four extra trees. Hearing no one speak inpubfic hearing. seconded by Cotnmissioner(SP-43-90) as requestedat 2983 Ravenswood Road. I motion was made by Vice Mayor Mikes, seconded by CommissionerBertino to table this site plan approval until el6vation diawingsare completed. REGUIIAR I{EETING 9 .IT'NE 25 , 1990 The motion to table failed on the following roll call vote: The notion to approve vote: the site plan passed on the following roll call Conmiss ioner Commi s s ioner Commissi-oner Commi ssioner Commi ss ioner Commi ssioner Bertino-yes C ook-no Grace -no Bertino-no Cook-yes Grac e -ye s Vice-Mayor Mikes-yes Mayor McElyea-no Vice-Mayor Mikes-no Mayor McElyea-yes City Attorney Adler informed the amendment to the Code to requirepIans. Commission el eva t ions that he wi 11for approval prepare anof site 6. EXPENDITURE REOUESTS.NONE 7. SPECIAL REOUESTS ITEI.I 7 . 1 T{AS HEARD AFTER 2.1 Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes s econded by Kevln 7. of at ap 1 City Manager Flatley reminded the Commission of discussionthe rehabilitation and expansion of the Water plant conductedthe workshop on June 19, 1990. Mr. Flatfey recommendedproval of consultants costs for the design studies forrehabilitation and expansion of the Water plant by Berry & Calvinand the water rate analysis completed by Rachtin & Cohen. A motion was made by Commissioner Cook, seconded by CommissionerBertino to approve consultant costs for Water plant rehabilitation at $53,440, construction certification at $74,000estimated and expansion cost at S51,500 for Berry & Calvin and$15,000 for water rate analysis by Rachlin & Cohen. The motion passed on the following roll call vote: AETER IIEARING 7 . 1 . TIIE COI,TMISSION RETURNED TO ITEI.I 4 . 1 7.2 Kevin cuthard. VMS Dania Associates, stepped forward torequest consent for the encroachment of buildings into a utilityeasement at property known as the Sheridan CIub, afso ca}Ied TheVillages at Ocean WaIk. Mr. cuthard mentioned that there is a100' right-of-way known as Watermark Boulevard which is a privateroad thru the Sheridan Ocean Club property and that the fuitaingencroachment lies in this right-of-way. A motion was made by Commissioner Bertino, Commissioner Grace to approve this requestDania Associates. by Guthard. VMS The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner crace-yes vice-Mayor Mikes-yes Mayor McElyea-yes 7.3 City Manager Flatley informed theof proposals have been obtained for theaudit. Mr. Flatley mentioned that wi-thMullikin, City Cterk and Marie .Iaba1ee,fo1lowing ranking is recommended: Commission that four sets upcoming fiscal yearthe assistance of Wanda Deputy City Clerk, the REGULAR MEETING 10 JI'NE 26, 1990 AMENDED ]TEM 8.2 1. Deloitte & Touche 2- crant Thornton 3. KPMG Pete Marwick 4. McGladrey & Pu11en Mr. Flatley stated that if the Commlssion approves the ranking recommended. he will beqin negotiatlons with Deloitte & Touche order to be in a position to come back to the Commission with contract for final approval. asin a Commissioner Bertino-no Commissioner Cook-Yes Commissioner Grace-Yes 8 . APPOINTI'IENTS 8.1 A motion was Commissioner Cook Pension Board. Commissioner Bertino-Yes Commissioner Cook-Yes Commissloner Grace-Yes Commissioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-Yes Vice-Mayor Mikes-Yes Mayor McElyea-yes Vice-Mayor Mikes-Yes Mayor McEfyea-Yes Vice-Mayor Mikes-Yes Mayor McElYea-Yes Vice-Mayor Mikes-Yes Mayor McElyea-yes by Commissioner recommended bY bythe Broward A motion was made by Commissioner Cook, seconded Grace to approve the audit proposal rankings as the City Manager. The motion passed on the following roll call vote: made by Commissioner Grace, seconded by to appoi.rt A1 Spies to the General Employees' The motion passed on the following rofl call vote: 8.2 A motion was nade by Commissioner Cook, seconded by Commissioner Grace to appoint Ed Houston to the Broward County Marine Advisory Board for a period of one year' Discussion folfowed with the commission and vice Mayor Mj.kes who suggestea appointing Bilf Hyde uho may be more technically qualified for this Position. The motion to appoj.nt Ed Houston passed on the followinq ro11 call vote: 8.3 A motion r.ras made by Vice Mayor Mikes, seconded Commissioner Bertino to appoint PeggY Breeschoten to County Parks & Recreation Advisory Board' The motion passed on the following ro11 calf vote: 9 C ommi s s ione r Commissioner Commi ss ioner Bertino-yes Cook-ye s Grace-yes DISCUSSIO!'I 9.1 Thomas Grammer, Fire Chief, stepped forward to explain the need to replace two inch water distribution tines in the City as they have be"o*e obsofete and have caused a service problem to som.eoftheresidents.Mr.Grammerstatedthatthiswouldbeacapital project that would be funded out of impact fees' Mr' Grimmer requested permission to have the city Engineers locate the lines fo fe replaced on a priority basis and have these lines replaced as funds become available. REGUI,AR MEETTNG 11 JUNE 26, 1990 After further discussion, a motion was made by Commissioner Bertino, seconded by Commlssioner Grace authorizing City Manager to use impact fees to start the engineering process for replacing aII the 2" lines j-n the City of Dania. The motion passed on the following rofl call vote3 9.2 Vice Mayor Mikes reported that the City of Hollywood had a strau vote that supported citizens in Broward County having the right to a referendum process in relation to the operation of Port Everglades going under the Broward county Commission. Vice Mayor Mikes mentioned that there have been sugqestions to operate Port Everglades simitar to the way the south Broward Park District was run by electing representatives from Cities in the county to oversee the operation. Vice Mayor Mikes expressed a need for Dania to secure a position in this matter as Dania is extremely impacted by whatever development goes in there or doesn't go in. Commissioner Bertino-yes Cornmissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissi oner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes Mayor McElyea, Commissioner Grace and Commissioner Bertino expressed thelr opinions in not supporting a referendum and leaving the Port to operate as it has been in the past due lack of confidence in County management, to to 9.3 The Commission agreed to Commissioner Bertino's request to have the City Manager and City Attorney to get with the people at the Dania golf driving range to complete 640 feet of sidewalk/bike path on the west side of SE 5 Avenue immediately adjacent to the qolf driving range. Commissioner Bertino suggested that if negotiations are unsuccessful to then bring back a proposal for the City constructing this sidewalk/bike path. 9.4 Commissioner Cook reported on the need to siqns to sw 4th Avenue and SW 3rd Street along at SW 5 Street and SW 2 Avenue at SW 5 Street. add multi-way stopwith SW 4 Avenue A motion was made by Commiss j,oner Cook, seconded by Commissioner Bertino to make a request to BroHard County to add mufti-way stop signs to SW 4 Avenue & SW 3 Street, SW 4 Avenue at SW 5 Street and sw 2 Avenue at sw 5 street. The motion passed on the following ro11 call vote: 9.5 Commissioner Bertino reported on Lhe successfuf clean-up project for removing the graffiti in the City of Dania. Commissioner Grace stated the locations that have been included in this project and commended the Bso for their cooperation in this project. REGULAR MEETING 12 ,fuNE 26, 1990 Vice-Mayor Mikes-yes Mayor McElyea-yes Commissioner Bertino reported on a proposed project, in cooperation with BSo, to promote communlty service workers from Hallandale to aide in the graffiti project and eventually additional clean-up in Dania. Commissioner Bertino stated that he will meet with capt. Carney and report back at the next regular meeting on further information for this program. 9.6 Clty Manager Flatley informed the Commission that thereabout S47.000 available for the gas tax program. Mr. Flatleypassed out a list of projects to be completed relating todrainaqe programs in the Southeast section, street repairs inCity, repairing the public boat ramp facil,ity in MelaleucaGardens and the need to repair the old french drain system invicinity of 302 SW 4th Court. the the Further discussion followed regarding City Manager FlaEleybringing back a proposal to the Commission on replacing thefrench drain with an injection system. A motion Has made by Commissioner Grace, seconded by CommissionerCook to accept City Manager FlatIey,s recommendation on the gastax proposal. The motion passed unanimously. ADDENDUIT{ ITEITI 9.7 Vice Mayor Mikes stated that he had been informed by areporter that a decision for filing an appeal on a lawsuit hadbeen determined without the approval or notification of theCommission. Vice Mayor Mj.kes expressed the importance of theCommission beinq informed of the status of a}l lawsuits as amatter of policy on a timely basis. Vice Mayor Mikes requestedCity Attorney Adler to respond to the recent filing of an appealto Judge Lvzzo' s Summary Judgement on the case relating tofireworks sales. City Attorney Adler stated that no appeal has been filed and thathe uould not respond to a recent call from a newspaper reporterj-n regards to thls matter as he had just distributed copies tothe Commission of the final judgement on this case. City Attorney Adler stated that according to law. you have 30days to file an appeal. City Attorney Adler clarified that thisfireworks case relates to the special exception ordinance becoming void as it was not advertised in accordance with statestatutes in the same form as rezoning or Land use changes. City Attorney Adler stated that the Judgement Order does notstate if it effects Mr. Izak Dickstein, the property owner whowas issued a special exception for this type of use. Mr. Adlerstated that he agrees that the ordinance is void but that treneeds further clarification in order to deliver a recommendationon how to proceed. A.J. Ryan. Attorney representing Mr. Dickstein. stepped forwardto explain his understanding of the order and the need for theCity to appeal. Mr. Ryan explained that Mr. Dickstein retiedupon the City to handle the advertisement of the ordinance inaccordance with the law and that the City has an obligation tohim. After further discussion, a motion was made by CommissionerGrace. seconded by Mayor McEfyea, after passing the gave1,direct City Attorney Ad1er t.o file an appeal of the Summary,Iudgement by .Iudge L,uzzo on f ireworks sa1es. The motion failed on the following roll call vote: to Commissioner Bertino-no Commissioner Cook-no Commissioner Grace-yes 10. CTTfZENS' COMI{ENTS Vice-Mayor Mikes-no Mayor McElyea-yes REGULAR MEETING 13 JUNE 26, 1990 11. AD}{INISTRATIVE REPORTS 11.1 City Manager City Attorney Adler explained that he expectsordinance reqarding junked cars when Kurt EIyvacation in about two weeks. City Manager Flatfey reminded the Commission that therebudget workshop meeting scheduled July 13 at 9:00 a.m.the hearings are tentatively September l-1t.h and 25th. is and a tha t On behalf of the clean-up projects in the City, Mr. Flatleyreminded the Commission of the posse ride that is scheduled onJuIy 14 at 10:00 a.m. and that the tee shirts are ready to awardto those homeowners who are found working in their yards. 11.2 City Attorney - none 12. COMMISSTON COII'MENTS 12.1 Commissioner Bertino - none12.2 Comnissioner Cook - none12.3 Commissioner Grace At this time, the Commission expressed their sympathy to the Veta Mae Peterman family for the loss of her husband, Frank peterman. 12.4 Vice Mayor Mikes Vice Mayor Mikes requested City Manager Flat1ey to look intorepairing the asphalt at NW l-2 Avenue and 10th Street due to damage t.hat was done when a valve on the water line was replaced. Vice Mayor Mikes asked City Manager Flatley to find out if thesprinkler system has been repaired at the entrance to MelaleucaGardens where plants are being installed in connection with theGreenbelt Project. to complete the comes back from This regular commission meeting was then adjourned. YOR _C O MI TY CLERK-AUDITOR REGULAR MEETING L4 ,JUNE 26 . 1990 I