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HomeMy WebLinkAbout1990-09-11 Regular City Commission Meeting MinutesINVOCATION BY PASTOR LEWI S PLEDGE OF ALLEGIANCE ROLL CALL: Present: MINUTES DANIA CITY COMI'TISSION REGULAR I.IEETING SEPTEMBER 11, 1990 Mayor:vice Mayor: Commissioners: Charles McElyea Bob Mikes Jean Cook Bobble Grace (1ate) .Iohn Bert ino Frank Adler Robert Flatley Wanda Mul l iki n City City CiLy Attorney: Manager: Clerk: PRESENTATI ONS *4th Annual Columbus Day Picnic - October 7 Thomas sette, state Chairman on behalf of the QUINCENTENNIAL,stepped forward to invite the Commission and audience to the 4th Annual Columbus Day Picnlc on October 7, 1990 from 11:00 a.m. to 6:00 p.m. at Port Everglades. Mr. Sette explained that the ouincentennial commemorates Christopher Columbus from 1492 thru 1992 for bringing the old world to the new world. Mr. Sette explai.ned that he was the founder of the statue of Christopher Columbus that will be shown and reproduced all- over the world. Mr. Sette explained that there will be an 8 minute T.v. commercial that will air af1 over the country and in Europe andstated that Dania is at the top of the list of cities that will be mentioned. City Manager Flatfey mentioned that Enzo Ga11o designed and sculptured the Statue of Columbus and commended Mr. Sette for hisefforts in naking this project the first of the Quincentennial af f airs. Commissioner Cook commended Mr. Settein this Quincentennial project.for his outstanding efforts Mayor McElyea acknowledged Tammy Knight School for having a 4.3 average in herthat she is attendinq this meeting for from southsenior year her class in Broward High and nentioned Government. PUL,I,ED FROM CONSENT AGENDA Connissioner Bertino requested iten 1.3 be pulled from the Consent Agenda - AT THI S TIITTE . ITEM 4 . 1 WAS HEARD . 1. CONSENT AGENDA Minutes1.1 August 1.2 August regufar meeting workshop meeting 28, 2L, 1REGULAR HEETTNG SEPTEMBER 11, 1990 Resolutions I.4 City Attorney Adler read the title of theresolution approving a salary increase for department heads and non-union general empLoyees in an amount equal to 4.2 percent effective October 3, 1990. 1.5 City Attorney Adler read the title of theresolution appointing Marie Jabalee as FinanceDirector; and providing for compensation for such appointee; and providing that such appointee sha11 serve at the p1-easure of the City Commission of theCity of Dania. 1.6 City Attorney Adler read the title of the resolutlon approving contract for service betr.reen theCity of Dania, and Maurice J. Connell Enterprisesrelating to consultant services. A motion was made by Commissioner Grace, Commissioner Cook to approve Lhe consent by City Attorney Adler. seconded by agenda as read The motion passed on the following ro11 call vote: PI'LLED FROM CONSENT AGENDA 1.3 City Attorney Adler read the title of the resolution approvinq the joint participation agreement beLween the State of Florida Department of Transporta- tion, Division of Planning and Programs, and the City of Dania, relating to bike path. Commissioner Bertino explained that this resolution will approve a 4' shoulder going down Dania Beach Boulevard to the intercostal bridge. Commissioner Bertino expressed appreciation to Senator Foreman and Representative Anne Mckenzie for their efforts in bringing this project to fruition. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt the resolution approving the Joint Participation Agreement between the State of Florida Department of Transportation, Division of Planninq and Programs. and the City of Dania, relating to bike path down Danla Beach Boulevard. The motion passed on the following roll call vote: Commissioner Bert ino-yes Commissioner Cook-yes Comm j-ssioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor l4cElyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes 2 3 4 - None PUBLIC IIEARINGS ANDBuilding & zoning -ordinances OTHER RELATED HAI'TERS(second and final readinq of ITEM 4.1 WAS HEARD AFTER PRESENTATIONS ON THE AGENDA 4.1 City Attorney Adler advised the Mayor that thePetitioner, Management Research & Sales, Inc., has PROCI.,A}'ATIONS BIDS - None 2REGUT,AR MEETING SEPTE}IBER 11, 1990 requested a continuance Llntil the first meeting in November. A motion was made by Commissioner Cook, seconded by Commissioner Grace to continue to the regular meetingof November 13, 1990, VA*16-90 requested by Management Research & Sa1es, Inc.; owner - Uniweld Products, Inc.for property located at 2850 Ravenswood Road to allowthe erection of a sign 672 sq. ft. in area (100 sq. ft.permitted) and 65' hiqh (12' height permitted) .(continued from 5-22-90 ) The motion passed on the following ro11 call vote: Commissioner Commi ssioner Commi ssioner Bertino-yes Cook - ye s Grac e -yes vice-Mayor Mikes-yes Mayor McElyea-yes AT THIS TTI{8, AGENDA. THE COM},IISSfON RETURNED TO ITEM 1.1 ON THE CONSENT 4.2 City Attorney Adler informed the Commission of avariance request VA-30-90 by Francois Boileau forproperty located at 140 Eleuthera Drive (Ocean Waterway Mobile Homes Park) to alIow the construction of acarport with a 6' side yard setback (10' requlred).(continued fron 6 /26/ 90\ Wifl Allen requested this variance Lre continuedthe first meeting in ,Ianuary as the petitioners of the country. unt i1 are out A motion was made by Commissioner Bertino. seconded by commissioner crace to conLinue VA-30-90 until the January 8, 19 91 meeting. The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes Administrative (second and final reading) 4.3 Cj.ty Attorney Adler advised the Commission thatthe ordinance title on the agenda does not include thelatest revisions and read the tit.le of the revised ordinance for second and final reading: "An ordinance of the City of Dania, Florida, amending Chapter I of the Code of Ordinances by adding ArticleVIff thereto entit.led "Private AIarm Systens";providing for deactivation of audible alarms; andprovidlng for an effective date" Commissioner Bertino stated that there has been anincrease in the problem of false alarms ringing for extended periods of time uithin the city and theinabili-ty to reach a contact person to turn the alarmsoff. Commissioner Bertino informed the audience thatthis ordinance requires businesses to install an alarmthat will automatical-ly turn off within 30 minutes andthat there are no fees attached to this requirement. Mayor McElyea opened the public hearing. Hearing one speak in favor or opposition. the Mayor closedpublic hearing. no the 3REGUI]AR MEETING SEPTE}IBER 11, 1990 A motion was made by Commissioner Bertino, seconded Commissioner Cook to adopt this ordinance on secondfinal reading entitled "Private Alarm Systems". by and Commissioner Cook clarified to the public that this ordinance does not require business owners to give out alarm system codes and no fees are attached which were concerns expressed by the public at earlier meetj.ngs. The motion passed on the following rolf call vote: their Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 4.4 City Attorney Adler read the title of the ordinance for second reading amending Article 4, Chapter 28 of the Code of Ordinances of the City of Dania entitled "Dj.strict Regulations", to requireelevations of all buildings on site plans; providing for codification. Vice Mayor Mikes mentioned that there was a need toestablish an ordinance of this type to set minimum standards of building plans that will assigt the Commission 1n estimating the impact that a particular building may have on appearance standards in rel-ationto major roads in the City. Vice Mayor Mikes also mentioned that this ordinance sets an 18 month time limit for site plans requiring permits to be pulled withi.n that time in an effort Lo ensure site plans arekept up-to*date with code. Mayor McEIyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed thepublic hearing. A motion was made by Vice Mayor Mikes. seconded by Commissioner Bertino to adopt the ordinance on second and final reading entitled "District Regulations" torequire elevations on all buildings on site pIans. The motion passed on the folfowing ro11 call vote: 5 6 Commiss j.oner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes SITE PLANS none EXPENDITURE REQUESTS 6.1 City Attorney Adler informed the $5.000 expenditure request to resolveproblem at SW 3 Street and SW 4 Court. Commission of a a drainage City Manager Flatley informed the Commission thisexpenditure request was approved with the gas taxprogram in June. Mr. Flatley reported that he hasobtained an opinion from the City Engineers recommendinq to install a french drain system ratherthan a dry wel1. Mr. Flatley recommended to approvethis expenditure request to instafl a french drain system due to the serious drain problem at 302 SW 4 Court. A motion was Commissioner made Cook Commissioner Grace , seconded by approve Lhe reconmendation of the 4REGULAR MEETTNG byto SEPTEMBER 11, 1990 City Manager drain at 302 Commi ssioner Commissioner Commissioner Bert ino-yes C ook-yes Gra ce-ye s Vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes and City Enqineer to install a french SW 4 Court at a cost of $5.000. The motion passed on the followinq rolf call vote: 7. DISCUSSION 7.\ Discussion of special hard junk pickups twice ayear. City Manager Platley reminded the Commission of a $1 .00 a month trash fee that was established for citizens to cover the charge to pickup 6 cubic feet of hard junk from residential units once a month. Mr. Flatley recommended to cancel the twice a year use of dumpsters supplied by the clty's sanitation contractors fordiscarding hard items as the monthly service is working out, there would be a substantial savings to the City and eliminate the problems to citizens created by the dumpsters. Vice Mayor Mikes agreed with reducinq the number of durnpsters presentfy used but felt there was a need to retain a few dumpsters in locations that could becontrolled by the ci ty. Commissioner Grace commented on the problem of i11ega1 dumping and felt that removing the dumpsters would help in this problem. Mayor McEfyea expressed the importance of the City Manager obtaining the credit due the city forcanceffing the twice a year service of these dumpsters according to the supplier's contract. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to enter into an agreement to alterour dumpster contract but not an unconditionalafteration of the contract regarding the biannualpickup. The motion passed on the following ro11 cafl vote: Conmissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes 7.2 Commissioner Cook requested the Commission to makea selection from the 3 designs submitted from the Flag Committee in an effort to establish an official City of Dania Flag. Commissioner Cook commended the FIag Committee members for their efforts in this project andespecially acknowledged Faye Bartelmes at this meetingrepresenting the committee. A motion was made by Commissioner Grace. seconded by Commissioner Bertino to select flag number 2 withfringe and to direct City Manager E1atley to ensurethat good material is used and to place a flag at CityHall, Frost Park, ModeIIo Park and at each school inthe City. REGULAR MEEI'ING SEPTEMBER 11, 1990 Commissioner Cook expressed her appreciation to the EIag Committee members, City Manager Flatley, City Attorney Adler and City Clerk Mullikln for their assistance. The motion passed on the following rofl call vote: Commiss ioner Commissioner Commissioner City Manager would try topossible. Bert ino-yes Cook -ye s Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes Flatley assured the Commission that he have this flag produced as soon as 7.3 City Attorney Adler informed the Commission of request by LEs to waive building permit fees and explained that he believes this item was approved along time ago but no record of the approval has been found in past minutes. a The motion passed on the following ro11 call vote: A motion was made by Commissioner Grace, Commissioner Cook to approve the uaivingpermit fees for LES. Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes 7.4 City Attorney Adlerpossible feasing of Daniasolicitation of proposals Mi kes . seconded by of building vice-Mayor Mikes-yes Mayor McElyea-yes informed the Commission ofPier Restaurant and as requested by Vice Mayor Vice Mayor Mikes suggested to solicit for proposals for a restaurant operation at the pier on a short term basis due to nunerous requests from citizens. City Manager Flatley mentioned that he has contacted Coastal Tech who completed the study of the pier and that they advised hlm the south side of the concession area is capabfe of withstandlng normal loads and does not need to be closed. Mr. Flatley mentioned that Coastal Tech recommended to close the bait shop area and the pier ltself. A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to direct City Manager Flatley toadvertise for proposals for short term leasing of the fishing pier restaurant and to ensure the person who occupies Lhe restaurant will properly maintain the building until a final decision is made regardinq thepier and to include a short cancellation clause in the lease. City Manager Elatley confirmed that Don Streeter, thepresent tenant at the pier, was given the proper }egal notification of 120 days to vacate the lease but that he chose to terminate the lease himself effective September 4, 1990. Mr. FlatIey stated that proposals would be advertised immediately due to the short termof this lease. t'REGULAR MEETING SEPTEMBER ]], 1990 The motion passed on the following ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McEIyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 7.5 Vice Mayor Mikes brought up the subject of accepting proposals for a new pier-restaurant complex and mentioned the need to look into the financing areas. the size of the pier, rental terms and the need for a restaurant facility opposed to a concession stand style facility. Vice Mayor Mikes also mentioned the possibility of hiring a consultant in the marine field to assist in this project. Commissioner Bertino also suggested soliciting for proposals for an indivldual or organization to totally rebulld the entire pier at their expense. Commissioner Bertino suggested to negoti.ate a long term lease that would include the condition that at the end of the lease the project would return to the City. A motlon was made by Vice Mayor Mikes, seconded by Commissioner cook to direct City Manager Flatley to seek proposals for a ner.r pier-restaurant and for Mr. Flatley to schedule a workshop meeting upon his receipt of information. The motion passed on the following rofl call vote: 7.6 Vice Mayor Mikes requested reconsideration of League of Cities voting delegates due to discussion that the i..,eague of Cities is making political endorsenents. Vice Mayor Mikes expressed his concern for Dania's delegates being involved with this type of activity and mi sunderstandings that Dania is endorsing any political candidate. Commissioner Bertino-yes Comnissioner Cook-yes Commissioner Grace-yes Commissioner Cook stated that the I.,eague changing their by-1aws to institute this that it doesn't have anything to do with business of the l]eague. may bepractice butthe normal vlce Mayor Mikes expressed his opinion that if Dania's appointments intend to be a part of voting political endorsements, he requests reconsideration of the appointments and that he be allowed a roll call vote' Commissioner Bertino reported that he is on the Board of Directors, State of Fforida, for 1ocal Leagues and said that loca1 leagues have the right to change their own by-]aws to whatever theY see fit. Commissj,oner Bertino stated that the State League does not endorse any political candidates. Vice Mayor Mikes reconfirmed that he does not want to support Dania's appointments if they choose to be a part of endorsing political candidates on any committee as representation of the City. A motion was made by Vi.ce Mayor Mikes, seconded by commissioner Bertino to prepare a resolutj-on instructing Dania's voting delegates that they do not take part in politicaf endorsements. 7REGUI,AR MEBTTNG SEPTE}TBER 11, 1990 The motion passed on the following ro11 calf vote: Commissioner Commi ssioner Commi ssioner Ber t l no-yes Cook-yes Grace - ye s Vice-Mayor Mikes-yes Mayor McElyea-yes 8. APPOINTMENTS Addendum ftem 8.1 Appointment of member to the Housing Authority. Mayor McEIyea brought up the problem that hj-s appointments to Lhe Housing Authority have not beenproperly seated since last November. Mayor I'tcElyearead a letter from the Housing Authority explainingthat his appointment, Pat Davis Nas advised in writingon Ju1y, 1990 that she was no longer eligible toreceive a rent subsidy under pending contractual and HUD regulations. The letter further stated that Ms. Davls can no longer be considered as a possible candidate to serve as a Tenant Commissioner on the Dania Housing Authority, Board of Commissioners. Mayor McElyea read the folfowing recommendations fromthe Housing Authority of eligible and qualified candidates for the Tenant Commissioner slot: Evelta Crosby Ann Rawcl i f f Kathy Johnson Kathy Parentheau Diane Hood Mary Nelson Mayor McElyea appointed Sarah Spates to the position of Tenant Commissioner of the Dania Housing Authority. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to accept the appointment from Mayor McElyea to appoint Sarah Spates to Ehe Dania Housing Authority. Vice Mayor Mikes expressed his opinion that this type of matter should be placed on the regular aqenda insufficient time prior to t.he meeting as he does not know any of the individuals mentioned. The motion passed on the following ro11 call vote: Commi.ssioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commiss ioner Grace-yes CITIZENS' COHHENTS 9.1 Request by Merle Wenneker Has xithdrawn ADMINISTRATTVE REPORTS 10.1 City Manager 10.1.1 City Manager Flatley requested to reschedule the workshop on September 18 to Wednesday. September 19, 1990 at 8:00 p.m. Mr. Flatley reported that the Southeast Dania Drainage Study has been completed by the City Engineers in orderto address the Meadowbrook Irakes drainage problem atthe uorkshop on the 19th. REGUI,AR MEETING 8 SEPTEIIIBER ].1, 1990 I 10. City Manager Flatley informed the Comnission that the time for painting the Dania Cut-off canal Griffin Road Bridge is scheduled for Saturday at 10:00 a.m. and requested that they wear their Dania Posse Tee Shirts. City Manager Flatley informed the Commission that he wifl be attending a workshop in Fort Meyers called "Preservation 2000" that is a program set up by covernor Martinez for beach front acquisitions. 10.2 Ci.ty Attorney no comments 11 - COMI.IISSION COI"I.IENTS 11.1 Commissioner Bert ino Commissioner Bertino requested the Cityinto a drainage problem in the vicinity Shopping Center near SE 5 Avenue. Manager to lookof the Publ ix City Manager Flatley mentioned that the City crowth Management Director, and himself willwith individuals tomorrow on this issue. At torney ,be meetingl Commissioner Bertino requested City Manager Flatley to look into the deterioraLed appearance of the Big Nassau Daddy's structure and Frank Mirrer gas station. 11.2 Commissioner Cook City Manager Flatley responded to Commissioner Cook'squestions on street 1-ights that are not working in the City by explaining that FPL is working on this problem. Commissioner Bertino conqratulated the DCoTA for success of the fabric draping of their building mentioned the positive benefit to Dania. City Manager Elatley responded to Commissionerquestion on the garbage cleanup at the Chateau by explaining that a 1ot of work is scheduled progress is being made. the and Cook ' s DeVille and the debri s the Commissloner Cook commended Code Enforcement Officer, Wifliam Johnson, for his efforts to resofve a code enforcement problem on Saturday which was not duringhis normal working hours. l-1.3 Commissioner Grace Commissioner Grace explained that she attended thefabric draping of the DCOTA on Friday and Saturday and was informed that future events will be scheduled inrelation to this event. Commissioner Grace requested the Public Works Department to smooth out the sand and removeat Modello Park left from the instalfation of s idewal-ks . Commissioner Grace mentioned that Lhere reiIl be a massvoters registration drive starting on September 22 fromDeerfield Beach to Hallandale and encouraqedregistration. Conmissioner Grace reminded the audiencethat there is a Pri-mary Efection on October 2 and the referendum vote on November 6. 9REGUITAR MRF]TING SEPTEI{BER 11, 1990 Commissioner crace mentioned the following Modello Park Committee Members: Mrs. Sterling Co11ins, Chairperson, Mildred Bryant, Larry Black, Ronald Bain, Mrs. Ronald Bain and hersel f . Commissioner Grace reported on the continuing cleanup problem at the Winn Dixie Shopping Center and mentionedthat the tacking up of flyers has not stopped. Ms. Grace mentioned the problem with trees being damaged inthat area. Commissioner Grace expressed appreciati"on to American Legion Post 304 and Michael's Florist for their effortsin the "Yellow Ribbon" program showing support to Lhe troops in the middle east. At Commissioner crace's request, Will A11en reportedthat there are two more homes to be demolished on 6th Street and 8th Street and expects this to be donewithin the next ten days. 11.4 Vice Mayor Mikes Vice Mayor Mikes requested information from Mr. FlatIey as to whether he has received any cooperation from the current owners of the ribbonwriter building to demolish this structure. Will A1len stated that the Chief Building Official has taken these individuals before the Unsafe structures Board and that their process invofves boarding up the building to make it safe for demolition if they find it to be an unsafe structure. vice Mayor Mikes requested a completion schedule be obtained on the Downs projects in refation to the items that were suppose to be completed on the site plan approval he obtained and to take action against him lf they are not completed. Vice Mayor Mikes requested information fron Will A11enas to whether the Fish Grill has complied with the landscaping requirements to their site plan. will A11en stated that the completed. construction has not been Vice Mayor Mikes informed the audience that City Manager Flat1ey, crowth Management Director Al1en and the Attorneys representing the City have been involved in several meetings regarding the south runuay expansion at the airport and expressed the difficulty they are having with the County. At this tirne, Commissioner Cook mentioned a problem ocean waterway Mobile Home Park has with the DCoTA regarding possible road extension thru the mobile homepark. Commissioner Cook requested City Manaqer Flatleyto look into whether DCOTA has the right to do this as it affects many homes. City Manager Flatl-ey mentioned that with DCOTA completing phase IIf they need an alternate energency access road and that it wi]] be restricted for emergency purposes. REGULAR MEETING t0 SEPTEMBER 11. 1990 City Attorney Adler clarified that this road is a dedicated city street that DCOTA will be using for emergency purposes and that this use should not affect any of the homes in the mobile home park. Commissioner Grace requested the City Manager and CityAttorney to meet with Kathy Ke11y. representative ofthe Ocean Waterway Mobile Home Park, and advise her ofthe developments of the DCOTA project as they are beingaffected. A1 Spies expressed his dissatisfaction that DCOTA didnot give proper acknouledgement to the City of Dania intheir advertisements of the fabric draping of thebuilding. 11.5 Mayor McElyea Mayor McElyea asked if City Manager Flatley coufdobtain information on the installation of traffic 1lghtat NW 10th Street and New criffin Road. Mayor McEIyea requested City Manager Flatfey to lookinto the problem at the trailer park on NW 10 Street where the sidewalk has been covered over by grass. Mayor McElyea mentioned that the Broward CountyHistorical Society wilI be having "Pioneer Days" at Hollywood on October 6th and 7th held at thePresidential Circle. Mayor McEIyea stated that Daniawi]l have an exhibit at this affair and that the Pioneer Nominees for Dania are c.F. Hil1, J.T. Stewart and Naomi Cartwright. This regular commission meeting was then adjourned. //,/' ', x 7;,% CITY CIJERK_AUDITOR 6lfuo-{:cor,nrKsT@ REGUI,AR MEETING 11 SEPTEMBER 11, 1990 il;)wn/,-