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Home My WebLink About1990-07-10 Regular City Commission Meeting MinutesINVOCATION BY COMMISSIONER PLEDGE OF' ALI,,EGIANCE ROI.,,L CALL : Present: MINITTES DANTA CIT]r CO!+{ISSION REGULAR UEETING JUI-,Y 10, 1990 COOK Charles McEfYea Bob Mikes alean Cook Bobbie Grace John Bertino Frank Adler Robert FlatleY Marie Jabalee Mayor:vice Mayor: Commissioners: City AttorneY: City Manaqer : Deputy City Clerk: Representative Anne Mackenzie stepped foruard to advise the Commission to tr.nsmii iritn.t intormation to the Department of Natural Resources ny-e"gu"t 15 in order to obtain the grant funds "...""i.v to complele ifre rite path al-ong Dani"a Beach Boulevard' Representative Mackenzie reported that the Annexation Bill passed ""-J"iv ?, without trr" g"vei"or's signature' and expressed- her undersianding that Dinii will be conducting a workshop. with the ;;;ia;;a; in the erte"iea area for their referendum vote for the November ba11ot. R.ft"..tttative Mackenzie stated that she has i"""i".a a posiEive i."p""". from the people in the annexation ;;;;-"i their wirlingn"ss to be annexed into Dania ' Commissioner Cook commended Representative Mackenzie for her "ii".i"-f" obtaining the funds for completing the bike path on Dania Beach Boulevard. Representative Mackenzie introduced her new Legislative. Assistant, Susan Stacey; and commended her previous assistant' Pam Roland, for her years of service' City Manager Flatley inforned the audience that' in cooperation with the Dania Clean-up Project; the Dania Posse' consisting of it.'-u.v"., commi"sion ind hinself, uil1 ride in the Mayor's 1933 pi.x"p- iiucr reglnning ouly 14 to arrest homeowners who are found making improvement" i6 tn"i. properties' Mr' Flatley mentioned It.i F"""1, tee shirts will be given out to each participant. PRE SENTATIONS AT THIS TTME, ITEUS 1.2,1 AGENDA. 1. CONSENT AGENDA Mi nutes 1.1 June 19. 3 AND 1.4 WERE RE}IOVED FROM THE CONSENT workshop meeting vice-Mayor Mikes-Yes Mayor HcElyea-Yes A notion Has made by Connissioner Bertino, seconded by Comnissioner Grace to approve the Consent Agenda' The notion passed on the following roll call vote: Commissioner Bertino-Yes Comnissioner cook-Yes Comnissioner Grace-Yes 1REGUI.,AR }IEETING JUI,Y 10, 1990 , PULIJED FROM THE CONSENT AGENDA \.2 A motion Has nade by Vice Hayor ltikes, seconded by Conmissioner Bertino to correct item 8.2 in the regularninutes of ilune 25 to appoint Ed Houston to the Broward county llarine Advisory Board for a period of one year and to approve the uinutes as amended. The motion passed on the following roII call vote: Resolut ion1.3 city Attorney Adler read the title of the resolution approving agreenent between Dania and Broward County for installation of additional stop signs within the city of Daniai and authorizing the appropriate city officials to execute said agreeDent. Comnissioner Cook stated that this agreenent involves Lhe locations at SW 4th Avenue & SI{ 5 Street. SW znd Avenue & SW 5 Street, and SW 4th Avenue & SW 3 Street. A motion was nade by Comnissioner Cook, seconded by Cornnissioner crace to adopt the resolution approving the agreement with the County for additional stop signsat the locations uentioned. The notion passed on the following rolf cafl vote: Connissioner Bertino-yes Conmissioner Cook-yes Conmissioner Grace-yes Conrmissioner Bertino-yes Commissioner cook-yes Conmissioner Grace-yes Commissioner Bertino-yes Connissioner Cook-yes Comnissioner Grace-yes Vice-l.tayor ltikes-yes I.layor McElyea-yes Vice-l'tayor llikes-yes Itayor ltcElyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes ordinances L-4 City Attorney Adler read the title of the ordinance for first reading amending chapter 8 of the Code of ordinancesof the City of Dania, Florida, by adding Article VIIIthereto entitled "Private Alarm systems'; providing definitions; providing prohibition and removal of unlawful systensi providinq for deactivation of audible alarnsiproviding for permits; providing for penalties; providing for codification; providing for separability. Commissioner Bertino explained the problem of false alarmsgoing off nithin the City for extended periods of time andthe disturbance that this has caused to citizens. Commissioner Bertino requested the City Attorney to explain the vital parts of the ordinance to the audience so thatrevisions can be made prior to adoption on second reading. A motion was made by Connissioner Bertino, seconded by Cornmissioner crace to adopt this ordinance on first readinq. The notj-on passed on the following ro11 call vote: PROC I,AMATTON S 2.1 ltayor }lcElyea proclained August 18, 1990 asChildren's Home Day. 2.REGULAR MEETTNG JULY 10, 1990 3 4 BIDS None PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Ordinances (second & final reading) 4.1. City Attorney Adler read the title of the ordinance for second reading to provide for minimum standards for commercial-, residential and institutional structures within the city; providing definitions; providing for enforcementi providing for inspectionsi providing for separabi 1i ty. Commissioner Cook expressed the need for this type of ordinance in Dania and felt that the code Enforcement Board wif l- now have the ability to enforce the proper maintenance in the City. Commissioner Cook expressed appreciation to the Commission and staff for their assistance in preparing this ordinance- Will A1len, Groi{th Management Director, stepped forward to explain that this item adopts a property standards ordinance that will supplement the South Florida Building Code and provide a greater capability for maintaining property in residentiaf and nonresidential areas of the City. Mr. Aflen mentioned that this ordinance was prepared from regulations being enforced in the City of Hollywood. Mayor McElyea opened the public hearing. Hearing one speak in favor or opposition. the Mayor closed public hearinq. no the A motion was made by Commissioner Cook. seconded by Commissioner Grace to adopt this ordinance on second reading to provide minimum standards for commercial. residential and institutional structures within the City. The motion passed on the followinq rofL calf vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 4.2 City Attorney Adler read the title of the ordinance for second reading amending section 13-70. Article Tv, Chapter 13 of the Code of ordinances amending garbage and trash pick-up times within Lhe City. Mayor McElyea mentioned that several residents had complained to him regarding the disturbance caused by trash belng picked-up from heavy dumpsters prior to 6:00 a.m. in the City. Mayor McElyea suggested to include garbage pick-up on Sundays between 9:00 a.m. and 5:00 p. m. Mayor McElyea opened the public hearing. Hearing one speak in favor or opposition, the Mayor closed public hearing. no the A motion was made by Commissioner Cook, seconded by Commissioner Grace to amend this ordinance by includingt qarbage pick-up on Sundays from 10:00 a.m. to 4:00 p.m. 3REGULAR MEETING JULY 10, 1990 The motion passed on the followinq ro11 call vote: SITE PLANS - None 6. EXPENDITURE REQUESTS Commissioner Bertino-Yes Commissioner Cook-yes Commissioner Grace-yes Comm j-ss ioner Bertino-Yes Commissioner Cook*yes Commi ss ioner Grace-Yes Commissioner Bertino-Yes Conmissioner Cook-Yes Commissioner Grace-Yes 7. SPECIAI-, REQUESTS Vice-Mayor Mikes-Yes Mayor McElyea-Yes Vice-Mayor Mikes-Yes Mayor McElyea-yes vice-Mayor Mikes-Yes Mayor McEfyea-Yes A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt the ordinance regarding garbage pick-up times in the City as amended' The motion passed on the following ro11 call vote: 5 ADDENDUM ITEM 6.1 City Attorney Adler informed the commission of a request io expend the sun not to exceed $12'500 to ieiain Mary Stanford & Co. to remarket the City's fife and health insurance coverages. City Manager Flatley informed the Commission that the citv is rr6t nuppy ,1tn tne present insurance carrier due- to aaministiitive delays in turnaround on claims' Mr. Flatley felt it is necessary to research the best possible alternative for employee health insurance so tnut u ner{ proposal can be effective November 1' Commissioner Bertino confirmed that Mary Stanford does not receive commissions directly or indirectly from any i"""ii""" provider in relation to her recommendations ' Mike Smith, Personnel Director. recommended approval of this request as he feels the City can save far more than 12.OOO ana explained that Mary Stanford will compl-ete the RFP package and do a detail analysis ' A motion vras made by Commissioner Cook, seconded by Commissioner Bertino to approve the expenditure request for $12,500 to retain Mary Stanford & Co' to remarket the City's life and health insurance coverages' The motion passed on the following ro11 call vote: 7,1 Don Henderson, Ftorida Department of Transportation, stepped forward to request that the commiision reconsider charging FDOT for permit fees on their project to instalf storm drainage and paving alonq tigertail Boulevard and Bryan Road to the C-10 Canal . Mr. Henderson explained that permit fees in question should amount to an estimated S50.000 and that €he funds aflocated for FDoT to complete the bike path along Dania Beach Boulevard will be reduced by the amount they pay for permit fees. I'lr. Henderson proposed that Dania waive the permit fees for the druir.g. and pavi-ng along Tigertail and DoT will cover 4REGUI,AR MEETTNG JULY 10, 1990 the additional costs. above the S50,000 in grant funds, to complete the bike path down Dania Beach Boufevard' Commissioner Bertino stated that it would be logical for Dania to waive thei-r permit fees if FDOT will pick- up the additional- costs estimated around $70,000 needed to complete the bike Path. City Manager FlatIey stated that he would contact Hollywood to sign a reciprocal waiver of permit fees since the bike path to be completed involves some unincorporated property of Hollywood ' Mr. Henderson stated that this will not be necessary since ttre portion of property in question is on the state's riqht-of-way and a permit is not required' A motion Has made by Commissioner Bertino' seconded by Comnissioner Cook to reconsider the request by Florida Department of Transportation to waive permit fees' The motion passed on the following rol-1 call vote: Commissioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-Yes Commissioner Bertino*Yes Commissioner Cook-Yes Commissioner Grace-Yes APPOINTHENTS _ NONE vice-Mayor Mikes-no Mayor McElYea-Yes Vice-Mayor Mikes-no Mayor McElyea-Yes Commissioner Bertino confirmed r'rith City Manager ii.li"v that the city ui11 be waiving approximatelv-$ia;00'O in permit f ees in exchange f or the Florida iepartment of Tr.nsportation covering the additional SrO;000 in fees needed to complete the bike path along Dania Beach Boulevard. A motion was made by Commissioner Bertino' seconded by Commissioner Cook to waive the permit fees as requested by the Florida Department of Transportation for storm aiainage and paving along Tiqertail Boulevard from Bryan Road to the C-10 Canal. Vice Mayor Mikes explained that his opposition is not ;;;i.;;'irre compretion of the bike path but that he is "sii;"t the installation of a 60" drainage pipe into the- C- i6 c.rral .re". Vice Mayor Mikes expressed his opinion that ihis proiect should have been done as a retention area type pi"i.'.,t ind opposed the dumping of storm water into the Dania Cutoff Canal. Mr. Henderson responded to Vice Mayor Mike's concern by explaining that FboT did not have enough right-of-way on -theuo-rth .rrd-of the project built under the old criteria and that they preferred io retain the storm water on site but it was not possible. The motion to waive the fees for FDOT passed on the following ro11 call vote: 8 9 DI SCUS SION g.L Commissioner Bertino reported that he met with representatives from the Broward County Parks and Recreation Division to discuss pfans for developing westlake area. Conmissioner Bertino mentioned that the the 5REGULAR MEETING JULY l-0, 1990 plan will involve nature walk areas and a number of blcycle paths. Commissioner Bertj-no stated that after reviewing the proposed bike paths, it uas discovered that the bike pat-tr was only going to go north yp !o. Dania Beach boulevard ana ;top directl-y south of the canal ' Commissioner Bertino mentioned that Broward County v{as not aware that Dania r'ras going to compfete a bike path down Dania Beach Boulevard and he sugqested connecting the bike paths by constructing a bridge across the canal and- extend the bike path out to Dania Beach Boulevard. Commissioner Bertino stated that the Broward County Parks and Recreation Division needs a fetter from Dania L"priini"g that there is a bike path being constructed down oania Beach Boulevard and that Dania wants the Westlake Bicycle Path to cut into the Dania Beach BouLevard Bicycle Path in order for them to redesign their p1ans. commissioner Bertino stated that he afso discussed the p""ri[iiiiv of a bicycle path along the eastern side of -Stfr ar..rr"- fron Dania Beach Boulevard to sheridan Street and that BroHard County would also consider this idea. city Manager Flatfey assured the Commission that he uili prepire a letter to the Broward County Parks & necreatitn Division covering the completion of these iuo bicycle paths as presented by Commissioner Bertino' ADDENDUM ITEM g.2 Vice Mayor Mikes brought up discussion acquisitions by the Airport Authority that mentioned in a recent Sun sentinel article requested that City Manager Flatley report progres" that has been made by the planner the D. R.I . revieH. City Manager Flatley reported that it has been aiftlcurt-to work wltt tte airport even though have set up inter-agency review meetings on a basis to discuss conmon Problems' Mr. Flatley stated that Earl Ga}lop, the person who has ,"rX.a dirlctly with him on annexation matters and who was hired to revieu the D.R.I., is ready to issue a draft report this vreek detailing the kinds of tax revenue land that Dania will be losing with this most recent proposed expansion of t'he south runr'']ay ' Mr ' Flatley mentioned that Mr. Ga1lop will report on the expect6d ]oss of land and what the new building r..t.i"tio.t lines will mean to qet a handle on what kind of future revenue loss we can expect' Mr' Flatley expressed his frustration for not being able to meet witn the proper airport individuals to determine exactly what land is involved. Vice Mayor Mikes stated that Dania may want to look into Iega1 recourse in this matter and suggested that funding be available in the budget to pursue a possible lar.rsuif . Vice Mayor Mikes stated that he felt this to be cost effective since this matter involves a loss of substantial amount of future tax base for the City of Dania. of propertY was and on the looking into they mon thl y 6REGULAR MEETING aIULY 10, 1990 City Manager Flatley informed the Commission that a *""iitg is scheduled for July 24 I'rith the south Florida Reqional Planninq Council on the early findings for this substantial deviation D.R.I. for the south runHay' Mr. Flatley mentioned that the County has scheduled a formal public hearlng for september 5 and that Dania must alio set a public hearinq sometime in the month of october to issue our own development order' Commissioner Bertino suggested city Manager Flatley send a registered letter to the County demanding a response on exactty what land the County will be purthasing. Cornnissioner Bertino stated that a time limit for the County's response be included j'n the letter and if Dania does not receive a response to go forHard with lega1 recourse- Commissioner Cook suggested Mr. Elatley set meetinq with Mr. Lubomiski to clarify this determine where Dania stands. C ITIZENS ' COMI.IENTS - NONE ADMINTSTRATIVE REPORTS 11.1 city Manager The Commission agreed. upa issue to requested to schedule for september 10, 1990 Comnissioner Grace expressed the need for Mr' Flatley to meet with the proper County officials prior to ..""i"i"g funds i-n tire budget to pursue possible lega1 recourse in this matter. william wosenitz, 341 NE 2 Court, stepped forward to inform the Commission of two lawsuits in process against the County relatinq to the condemnation of pi"p.itl"" and no-ise probfems relating to the expansi-on of the airport bY the CountY. 9.3 City Attorney Adler reported on a request by Meadowbrook Condominium Board of Directors for clarificatj-on of drainage easements to Meadowbrook Lakes South. Mr. Adler was informed by Rubin Snyder' Attorney with the 1aw firm of Abrams & Anton in uoffyuoia, that he will research his records to see if they have the recorded easements. Ci-ty Manager Flatley mentioned that he is in the proi"=. oi finalizing the drainage study for this area to determine if one or another outlet isn't necessarY' Mr. F1atley stated that j-f it is determined the outlet is not n"""ssa.y for flooding purposes, Dania wilI close it up. tui. nlatfey stated that he will keep the people at Meadowbrook informed of the study resul'ts' In response to Mayor McEIyea's request, City Manager ir"tr.y informed the commission that H & H crane will be worting on the drainage problern located at Phase v and VI of Meadowbrook sometime this coming week' 10. 11. 11.1.1 City Manager Flatley suggested that the Commission get together and take a tour of the areas newly annexed into Dania on JuIy 17 and, after the tour, conduct a Horkshop meetinql at 6:00 p.m" 1,L.7.2 City Manager FlatleY the first budget public hearing at 8:00 p. m. 7REGULAR MEETING JUI,Y 10, 1990 A motion was made by Commissioner Bertino, seconded by Commissioner Grace to schedule the first budget public hearing for september 10. 1990 at 8:00 p.m. The motion passed on the following rolf call vote: Commissioner Commissloner Commissioner Bertino-yes Cook- ye s Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes to schedule D expected from ADDENDUM TTEM 11.1.3 City Manager Flatley distributed copies of the Fiscal Year 90-91 budget and mentloned that a budget workshop is scheduled for July 13 at 9:00 a.m. Mr. Flattey reported that this budget proposal does not increase the millage rate and focuses on hiring employees with expertise for the Utility and Recreation Departments. Mr. Flatley mentioned that he is proposing to use previous years surplus funds to be used for a five year capital improvement program that will be set out for public review and approved by the Commission. 11.2 Clty Attorney \f .2.1 City Attorney Adler made a status report on Hol lywood,/Dani a Large User Sewer Agreement that replaces the 1973 Agreement, Mr. Adler mentioned that the major change j-n the agreement involves Cities being charged for actuaf flows instead of allocations. Mr. Adler reported that the lar.rsuit Hith Hoffywood has been worked out and the last calculation confirmed that Dania is to receive S244.000 in settlement charges. Mr. Adler mentioned that Hollywood is expected to approve this agreement tomorrow and he advi-sed the Commission to wait and approve this agreement after Hol lywood . Mr. Adler mentioned that an amendment relating to the settlement charges is Holfywood in the next day or so. City Manager Flatley explained that a portion of the settlement from Hollywood wilf be used to establish an I & I fund to repair the sewer fines. Money saved eachyear on the payment of sewer flows will be placed in a 5 year revolving fund. Repairs will be warranted for a 5 year period. This should reduce the cost of sewer service in the future. 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino Commissioner Bertino inquired as to whether or not the dumpster situation has been resolved with MEBA. Wilf A]1en, crowth Management Director, reported that MEBA has a proposal to present on relocatlng the trash facility but that there has been a delay in setting up a meeting due to being unable to reach the individuals involved and MEBA representatives. REGUI,AR MEETING JUtY 10, 19908 that he has not stated that he been able wi 11 Commissioner Bertino inforned the Commission that there i" u" "usf. scout interested in transforming land into ,-piix oined by the City of Dania.as part of an eagle sclut project. Commisslontt Bertino stated that the pi"p".tv is located off of stirlinq Road directlv south of the C-10 Canal. commissioner Cook informed Commissioner Bertino that she is in the process of drafting fetters to various liqu"iruii"ns iegaraing a project cal1ed "Adopt A Park" ""i-="gq.=ted in;fuding ttls eagfe scout project as the first park. 12.2 Commissioner Cook Commissioner Cook asked CitY Attorney Adler if he has n."" iff" to obtain ordinances from other cities regarding the safety of lakes in the City' City AttorneY Adler mentioned to locate this information but continue. Commissioner Cook reported that she attended a recent county Commission Meeting with Mike Smith. Personnel oi.."to., and mentioned that Dania has a very high rating in obtaining Community Development Block Grant i,-,narl commissioner Cook mentioned that Dania should le receiving around 5275,000 in grant funds this year' 12.3 Commissioner Grace commissioner Grace commended Commissioner Cook for her efforts in several projects in Dania ' Commissioner Grace expressed the need to encourage young people graduating from high school to pursue ;olr6ql opporiunities. commissioner Grace reported tfrat commissioner Cook was with her on sunday at Bethel Baptist Church to honor 17 students who live ln the ou't iu u..u and mentioned how impressed she was with their scholastic abilities. 12.4 Vice Mayor Mikes Vice Mayor Mikes expressed the need for establishing single family home areas. Vice Mayor Mikes suggested the need to prepare an ordinan6e to review the site plan approval process and mentioned the need for elevation views as a iequirement, Vice Mayor Mikes sugqlested addlng a time timit on site plans once they are approved to require permits to be pulled and action to be taken' Will AIlen, Grouth Management Director, agreed Hith vice Mayor Mikes that a time limit shoufd be added to site plans as circumstances do change and the Commiision would have the ability to make revisions after a f er* years go bY. vice Mayor Mikes mentioned that he attended a meeting at Port Everglades regarding the proposed construction of an incineiator plant and stated that he transmitted the information thit Dania is in opposition of this pioject. Vice Mayor Mikes stated that a public hearing is scheduled next week for Port Everglades to reconsider and possibly deny this project. 9REGULAR MEETING JUI,Y 10, 1990 Vice Mayor Mikes welcomed r{ho were annexed into the recent annexation bi1l. 12.5 Mayor McEfYea The Commission generallY Flatley draft a letter to Grossman, to be siqined bY expressing the need for a Griffin Road. the new citizens into City with the Passing Dania of the Mayor McElYea mentioned that go-ing to address the Problem that are out along Us 1, near Griffin Road and other areas C i ty Manaqlerof numerous the Hilton in the CitY. Elatley is street f ights Hotel on New Mayor McElYea stated that the Road has been rated number 1 service and hotel facilities ' Mayor McElyea expressed the need for a signal on Nei'r Griffin Road for persons Melaleauca Gardens. Sheraton Hotel on Griffin for their fine restaurant, left goi ng hand turn in to agreed to have CitY Manager iounty Commissioner, Nicki the entire Commission, left hand turn signal on New This regular commission meeting was then adjourned' OR CO CITY CLERK-AUDITOR REGI]LAR I'IEETING 10 ,f ULY 10 , 1990 ?/--J_,)/--A'/'*