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HomeMy WebLinkAbout1995-12-12 Regular City Commission Meeting MinutesINVOCATION bg Reuerend. Leuis ROI.L CAI.T, Present Mayor: Vice Mayor: Commissioners MINUTES DANIA CTTT COMIIISSIOIII RBGTJI.AR IWEETING DECEMBER 72,7995 Bill Hyde John Bertino Bobbie Grace Albert Jones Bob Mikes ttdke smitr Frank Adler Marie Jabalee PRES.E]ITTATIO]VS -BSO Deputy of the Month chief Frey explained that Felicia Brown, Administrative Secretary, has applief, herself in herposition by attending shorthand classes, organizing the filing system, and filling thenrole of officemanager for his department. He corhmende4Ms. Brown for her dedication and positive attitudewhile presenting her with the "Employee of the Month" award for November 1g95. Chief Frey advised that BSO and the District I & ll Community Councils are hosting a "Day at the Park" at Meli Park on Saturday at 10:00 a.m. to 2:00 p.m. commissioner Grace advised that shewould not be able to attend this function due to other engagements. *Fire Administrative Report Chief Grammer presented a breakdown on the 359 rescue calls for the month of November 1995 He mentioned his attendance at the Metro-Broward Annual Banquet and commended Dania Firefighter, Sergio Pellicer, for being awarded "Firefighter of the Year." Chief Grammer reported 7REGUI.A.R MEETING DECE,MBER 72,7995 City Manager: City Attorney: City Clerk: that the Fire Department will be delivering toys and food to needy families again this year and that donation drop off locations have been provided throughout the City. On behalf of the Fire Department, Chief Grammer read a Letter of Commendation presented to Captain Glenn Morris, Marine Rescue, for his actions in performing CPR on a drowning victim December 1. Marine Safety Officers' Jim Webster and Robby Davis were also presented Letters of Commendation for their efforts in keeping the victim alive until rescue personnel arrived. Chief Grammer reported that the State of Florida, Department of Health and Rehabilitative Services, conducted an unannounced site visit of the Dania Fire Department on October 2, 1995, to check records, equipment, personnel, and procedures. His department was awarded exemplary record status for their services since no significant deficiencies were found. Chief Grammer mentioned that the department is exempt for 2 years from these inspections and is being recognized in the Florida EMS Newsletter. Commissioner Grace was pleased to announce that Judi Usifer is doing much better with her recent illness and advised Chief Grammer that she would not be able to join the department in their Christmas programs. Commissioner Jones mentioned that the Dania Fire Department is making use of a grant program that provides handheld computers to keep track of data on drowning victims. Hopefully the data will be useful in saving lives and it was noted that the Dania Fire Department is the only agency collecting this data. commissioner Mikes requested items 1.6 and 1.7 to be pulled from the consent Agenda. 7. CONSE]IIIIAGE]IIDA Minutes1 Regular Meeting of November 14,2 Regular Meeting of November 28, Resolutions 1.3 1 ,| '1995 1995 'A RESOLUTION OF THE CITY OF DAN|A, FLORTDA; TNCREASTNG ITS GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1995-96, FROM $14,920,745 TO $15,239,470 BY INCREASING THE APPROPRIATED AMOUNT OF PRIOR YEARS, SURPLUS: MAKING 2REGUI.AR MEDTING DECEMBER 72, 7995 Commissioner Mikes recommended the implementation of an organized program to teach CpR training to City employees who work with the public. City Manager Smith advised that the Fire Department has trained some personnel in Parks & Recreation. Commissioner Mikes felt that Public Works employees should be Included in the rescue training. PULLED FROM THE CONSENT AGENDA LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.4 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CIry OF DANIA AND LOBBAN CONSTRUCTION, INC. FOR THE MODELLO PARK RESTROOMS PROJECT rN THE AMOUNT OF $40,806.00 (FORTY THOUSAND EIGHT HUNDRED SIX AND 00/100 DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE". City Attorney Adler advised that the amount in item 1.5 must be corrected to $37,560.00. A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to amend the resolution amount from $40,806.00 to $37,560.00. The motion passed on the following roll call vote: A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to approve item 1.5 as amended and approve the Consent Agenda with the exception of items 1.6 and 1.7 . The motion passed on the following roll call vote Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes 1.6 Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes ITEMS PULLED FROM THE CONSENT AGENDA .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE METRO- 3REGUI.AR MEETING DECEMBER 72, 7995 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE NON-FINANCIAL AGREEMENT BETWEEN THE CIry OF DANIA AND FRIENDS OF CHILDREN AND YOUTH AND FAMILIES, INC. REGARDING SERVICES TO BE PROVIDED AT MODELLO PARK AND RECREATION CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.' BROWARD PROFESSIONAL FIREFIGHTERS LOCAL 3O8O AND THE CITY OF DANIA, COVERING THE PERIOD FROM OCTOBER 1, 1995, THROUGH SEPTEMBER 30, 1998; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes disagreed with taking action on this item before discussing the costs in a workshop meeting. City Manager Smith advised that union negotiations have been ongoing since June and that the contract changes were presented to the Commission on November 7. The only change was the pension item which has no financial impact on the City and the manning increase. The manning increase was included as a safety factor to cover the department when rescue calls are being handled and to provide better customer service. lt was noted that the 1011195 date was wrong in the backup relating to one additional paramedic and that it should be changed to 10/1i96. Commissioner Grace was in favor of the agreement since the Fire Department agreed to the same raises provided for General Employees over the next three years. She was encouraged that Bass Pro and FAU will bring revenue to the City and commended the Fire Department for the quality service provided to the public. Vice Mayor Bertino mentloned the importance of increasing manning since the Fire Department has always been under manned and deals with highly sophisticated fires due to the City being located near metropolitan areas. Vice Mayor Bertino explained that the recent National League of Cities Convention discussed the high cost of providing public safety and it being the major expense of municipalities. A motion was made by Commissioner Jones, seconded by Commissioner Grace to approve item 1.6. Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vlce Mayor Bertino- yes 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE AGREEMENT FOR WATER SPORTS CONCESSION BETWEEN THE CITY OF DANIA AND PIER MANAGEMENT, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes asked for more information regarding collecting revenues and the status for bathrooms at the beach. City Manager Smith advised that Pier Management, lnc. is requesting to operate water sports at the beach on a six month trial basis. The water sports will be allowed 400 feet from the pier, a chase boat will be available, each 4REGUI.ARMEDTING DECEMBER 72, 7995 The motion passed on the following roll call vote: vehicle will be insured for $'1, 000,000 and the vendor will pay 20% of gross revenues each month. Don Streeter, Pier Management, lnc., came forward to request approval and commented on safety issues for the vehicles- Thomas. Zannucci, Pier Management, lnc., explained that no one under the age of 18 will be allowed to rent a vehicle. A lifeguard will be provided at the northern end of the beach. Commissioner Mikes mentioned that the contract with Pier Management, lnc. is modeled after Fort Lauderdale's contract. ln regards to future intentions at the Pier, Mr Streeter stated his plans to bid on the concession for the pier coming up in March. City Manager Smith advised that the consultant provided a draft of the RFP and that advertisement is expected next month. A motion was made by Commissioner Mikes, seconded by Commissioner Grace to approve the Resolution. Mayor Hyde questloned how the water sports will coexist with the surfers and fishermen currently using the northern portion of the pier. Mr. Streeter stated that the fishermen are aware that there is a 150 foot limit for surfers and 90% of the fishermen seem to feel that the casting length is sufficient. Mr. Zannucci mentioned that the only problem appears to be fishing boats coming too close to the pier. Vice Mayor Bertino directed City Manager Smith to check the City's coverage in regards to accidents in the event of lawsuit. City Manager Smith advised that they are naming the City as additional insured and indemnifying the City in the event of a lawsuit. Vice Mayor Bertino asked Mr. Smith to check the insurance policy further to ensure that no additional riders are required. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes 2. PFOCLAMATIONS - ttone 3. BIDS - rton.e 4. PUBI.TC IIEARI]VGS City Attorney Adler advised that adopting the next three resolutions is the first step in getting stormwater, solid waste and EMS charges on the Broward County Tax Bills which must be done by January 1, 1996. He stated that the City is not obligated to 5REGTJI.AR MEETING DECEMBER 72, 7995 include these charges to the tax rolls by adopting these resolutions and that a public hearing will be held on each resolution. 4.1 'A RESOLUTION OF THE CITY OR DANIA, FLORIDA,; ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY OF DANIA FOR STORMWATER MANAGEMENT SERVICES AND FACILITIES; STATING A NEED FOR SUCH LEW; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.' Mayor Hyde opened the public hearing John Bruckner asked for clarification on the item. City Attorney Adler explained that the City intends to install a stormwater system and that the resolution provides for payments to be billed on real estate taxes as a better method of collection. City Attorney Adler advised that this method has been approved by the legislature and that other cities are currently doing the same thing. Hearing no further comments, the Mayor closed the public hearing. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to approve item 4.1. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes 4.2 "A RESOLUTION OF THE Clry OF DANIA, FLORIDA,; ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY OF DANIA FOR EMERGENCY MEDICAL SERVICES AND FACILITIES; STATING A NEED FOR SUCH LEW; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.' Mayor Hyde opened public hearing Mayor Hyde explained that this is the same concept as item 4.'1 and there is a chance that Broward County will stop funding to cities for EMS services from monet funds. 6RE,GTII.AR MDDTING DECEMBER 72, 7995 John Bruckner, Meadowbrook Lakes, stated his dissatisfaction and concern that this will cost the City more money. City Attorney Adler conflrmed that public hearings will be conducted and assessment rolls prepared before the process is complete. Hearing no further comments, Mayor Hyde closed the public hearing. A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to approve the resolution. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes 4.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,; ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CIry OF DANIA FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES AND FACILITIES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE." City Attorney Adler stated that the City has had no leverage in getting payment for trash collection in the Griffin area since the annexation in 1991 when Broward County removed the charges from the tax rolls. He was hopeful that this method will force the owner of the properties to pay the unpaid bills left by renters. Mayor Hyde opened the public hearing. John Bruckner questioned the need for implementing the billing method since property owners are automatically responsible for charges not paid by a renter' Mayor Hyde clarified that the City has run into a billing problem and there is no leverage because sanitation cannot be discontinued for health purposes. Mayor Hyde confirmed that staff recommended this method of billing to resolve the problem and the City is not obligated in anyway at this time. Hearing no further comments, Mayor Hyde closed the public hearing. A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to approve item 4.3. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes 7REGUI,AR MEE'TING DE,CEMBE,R 72, 7995 Commissioner Mikes - yes Mayor Hyde - yes Vice Mayor Bertino- yes 4.4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING TRANSMISSION TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, THE PROPOSED EVALUATION AND APPRAISAL REPORT FOR THE CITY OF DANIA'S COMPREHENSIVE PLAN; PROVIDING THAT ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Leigh Kerr, Planning Consultant, explained that the Department of Community Affairs will be reviewing the changes being transmitted on the Evaluation and Appraisal Report and that this is the second part process in amending the City's Comprehensive Plan. Mr. Kerr advised that some of the items in the report deal with the City's objectives and goals, progress in the northwest section, study on historic housing conducted in 1992, and potential impact from the airport expansion on NW 10 Street. The City Commission will have the next few months to make changes and amendments to the report. Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve 4.4. The motion passed on the following roll call vote: Commissioner Grace - Yes Commissioner Mikes - Yes Mayor Hyde - yes 4.5 Commissioner Jones - Yes Vice Mayor Bertino- yes RZ-18-95 -Request by the Pulte Home Corporation, as contract purchaser, to rezone 24.15 acres located west of SW 31 avenue and South of Griffin Road from B-3, General Business zoning district, to RM- 10 Residential Multiple-Family Dwelling zoning district. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT: APPROXIMATELY 24.1655 ACRES MORE OR LESS LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31 AVENUE CONTAINING THE FOLLOWING DESCRIBED LANDS: ALL OF PARCEL A' .BANYAN OAKRIDGE COMMERCIAL PLAT' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 157, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA LESS aREGUI.{{R MEETING DECEMB.E,R 72, 7995 THE FOLLOWING DESCRIBED LANDS COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE SOUTH 00'18's3" WEST ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 435.55 FEET; THENCE NORTH 87"30'47" WEST A DISTANCE OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87"30'47" WEST A DISTANCE OF 581.67 FEET; THENCE NORTH 00'02'48' WEST ALONG A LINE 25.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF A 5O.OO FOOT ACCESS OPENING, AS SHOWN ON SAID BANYAN OAKRIDGE COMMERCIAL PLAT A DISTANCE OF 358.10 FEET TO AN INTERSECTION WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH (SAID POINT BEARS SOUTH OO"O9'27" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 7O55.OO FEET, A CENTRAL ANGLE OF 01"28'37", AND AN ARC DISTANCE OF 181.85 FEET TO A POINT OF TANGENCY; THENCE NORTH 88'21'56' EAST A DISTANCE OF 191.40 FEET; THENCE SOUTH 87"30'47" EAST A DISTANCE OF 186.50 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS 25,00 FEET. A CENTRAL ANGLE OF 87'49'40", AND AN ARC DISTANCE OF 38.32 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00"18'53" WEST A DISTANCE OF 358.44 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; CONTAINING APPROXIMATELY 24.1655 ACRES MORE OR LESS FROM PRESENT B-3 GENERAL BUSINESS ZONING DISTRICT TO RM-10, RESIDENTIAL MULTI-FAMILY DWELLING ZONING DISTRICT UNDER THE PROVISIONS OF ORDINANCE NO. 33-91 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading of Ordinance) Will Allen, Growth Management Director, explained that the property is located west of SW 31 Avenue and south of Griffin Road. The land use has been changed from residential with a small portion being part of the Oakridge Country Club to Commercial use. There has not been much demand for Commercial use since the development of the Oakwood Shopping Center on Stirling Road at l-95. The proposed rezoning is compatible with the surrounding area and the Planning & Zoning Board has recommended approval. I-R.EGUI..AR MEETING DECEMBE,I 72, 7995 Tim Hernandez, Pulte Homes Corporation, presented the site plan and provided information on other developments built by his company in Broward County and throughout the country. Mayor Hyde opened the public hearing Hugo Renda spoke in opposition of the site plan based on the need to be consistent with commercial usage. He expressed concern with the traffic impact on Griffin Road when Bass Pro is built and Port Everglades is extended. Hearing no further comments, the Mayor closed the public hearing Vice Mayor Bertino expressed concern that single family development will be a mistake now that Bass Pro is coming to the area which may provide a market for commercial use. Mr. Hernandez mentioned that there are only two buildings that abut Griffin Road and only two side units that will be impacted by Griffin Road. Pulte Homes agreed to install a wall and landscaping buffer. Will Allen mentioned that 26 of the 31 acres will be developed as single family units and the five acres at the southwest corner of Grifiin Road and SW 31 Avenue will remain commercial. He assured the Commission that there are many communities that have shopping centers with residential access. Ed Stacker, Banyan Management Corporation, commented on past actions to pursue the commercial plan amendment that was controversial with the golf course. He urged the Commission to approve the rezoning request to conform to the land use amendment of Low Medium (10) Residential recently approved by Broward County in November. Dan Smith, Pulte Homes Corporation, advised that there was a national search for purchasers ofthe property and based on the demographics ofthe area, traffic, and need for tenants, the numbers do not support a commercial market. The strip mall with 5 acres of commercial use will probably be unmarketable and Key North residents and local Civic Associations have shown community support for the project. Mayor Hyde mentioned that this project may be an opportunity to increase population in Dania and the rezoning needs to conform to the land use. ln response to Commissioner Mikes'question, Dan Smith expected the units to start at $80,000 up to $100,000 and confirmed that the units would be owner occupied. Commissioner Mikes commented on the truck traffic along Griffin Road and asked that two units be removed from the entrance of the project for buffering purposes. Mr. Hernandez was reluctant to lose two units from the project unless he could make them up somewhere else but did agree to adding more landscaping. Commissioner Grace REGUI-AR ME,ETING to DDCDMBEI 72, 7995 mentioned that the residential use will upgrade the area and that the site plan appears acceptable without removing two units from the project. A motion was made by Commissioner Grace, seconded by Mayor Hyde to approve item 4.5 with no stipulations on the zoning. The motion failed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - no Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes 4.6 5. SITE PLA-I\I Commissioner Jones - no Vice Mayor Bertino- no Commissioner Jones - yes Vice Mayor Bertino- no Commissioner Jones - yes Vice Mayor Bertino- no A motion was made by Commissioner Mikes, seconded by Commissioner Grace to reconsider item 4.5. Mr. Smith, after consulting with the buyer, assured Commissioner Mikes that the buffer will be the same buffer as if there were two units removed from the two buildings on the north portions with the hope of picking up two units with the realignment of the site plan. The motion to reconsider passed on the following roll call vote: A motion was made by Commissioner Mikes, seconded by Commissioner Grace approve the rezoning (RZ-18-95) as requested. The motion passed on the following roll call vote: VA-19-95- Request by Pulte Home Corporation for variances from the minimum front yard setback requirement of the RM-10, Residential Multiple-Family zoning district. Section 39-1 180(7Xa) requires a front yard of not less than 25 feet in depth. The request is for a front yard of 20.25 teet for proposed units 152-260. (WITHDRAWN) REGT,]I.AR MEETING 77 DDCEMBER 72,7995 SP-20-95- A request for Site Plan approval to construct 260 townhomes on the gross area of 26 acres. Petitioner: Pulte Home Corporation. Will Allen, Growth Management Director, confirmed that the change to the site plan is that the two northern most units will be removed and the area will be replaced with additional landscaping to become a landscape buffer area with the condition of meeting all setback requirements. Mayor Hyde questioned the ingress/egress on the north and asked whether SW 31 Avenue was considered. Mr. Hernandez mentioned that Griffin Road was chosen as the principal access based on visualizing future growth and residential conformity with the Hollywood portion of the Oakridge Project. Dan Smith informed Commissioner Mikes that the entire 275 acres is being handled as one master drainage and retention plan. Mr. Allen confirmed that a master permit has been provided for the entire Oakridge site and before any building permit can be issued, the County Water and South Florida Water Management District must sign off. A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to approve the site plan (SP-20-95) with the stipulation that landscaping from Griffin Road be pulled back one unit width. Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- no 8.3 WAS HEARD ALONG WITH ITEM 5.1 5.2 SP-21-95 -A request for Site Plan approval for 24 Multifamily Dwellings, Sun Garden Apartments, on the south side of NW 1 Street (1150 NW 1 Street). Petitioner: Sun Gardens Ltd., a limited partnership for which Milton L. Jones is the registered agent. It was noted that an actual site plan was not distributed to the Commission but a reduced version was provided in the backup. 72 DECEMBER 72, 7995 5.1 The motion passed on the following roll call vote: Will Allen, Growth Management Director, presented the site plan that has been approved by the Planning & Zoning Board for 24 apartments. The property is known as the Stoinoff Vahala Plat which is located on the south side of NW 1 Street and 142' west of NW 10 Court. The plat was approved in the late 80's and the Housing Authority built 26 units of the Saratoga Apartments on the south portion. The plat was approved with the condition not to exceed 50 garden apartments on the five acre site. The land R.EGUI,AR ME,ETING use is Residential with an RM Zoning (12 units per acre). The request for two 2 story 12 unit buildings meets all code requirements and 53 parking spaces have been provided. Sean Jones, Esq., representing Sun Gardens Limited, explained that the 24 212 renlal units are designed as townhomes with entrances on the first floor and spacious 1 ,053 square feet of living space. There will be a gate provided for security with a rod iron frontage and the development meets all code requirements. Commissioner Grace stressed her desire to deter the development of rental communities in the northwest section. Discussion followed regarding Milton Jones' hiring of minorities on his Regal Trace Project and whether minorities would be hired for this project. Attorney Jones projected 51o/o or greater minorities to be working on the site and advised that the contractor and some subcontractors are minorities. He understood Commissioner Grace's desire to bring single family home development to the area but was hopeful that the project would spur urban renewal due to the need for rental housing for those who cannot afford to build a single family home. Milton Jones advised that his company has built single family homes in Dania and Fort Lauderdale and that there are numerous sites in Dania zoned single family which they are hoping to develop. He felt that this particular site is more suited to multi-family and that his company always tries to provide quality developments. Discussion followed on utilizing Modello Park for the recreational needs for the residents living in the development and the positive aspects of the project. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve item 5.2 (SP-21-95). The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes 5.3 SP-22-95 - A request for Site Plan approval for an 18,889 Sq. Ft. addition to the Broward County Medical Examiner's Office, 530'l SW 3'l Avenue. Will Allen, GroMh Management Director, mentioned that this site plan was approved in October 1991 but since a building permit has not been issued within the '18 months requirement on site plans, the request must come back before the Commission. Mr. Allen explained that the Broward County Morgue is located in the southwestern tip of the city and a 5 foot berm was required along the property with two additional trees on the berm. The berm is on the north side and six trees have been added opposed to the two required. There is adequate parking provided and some trees will have to be REGUI.AR ME'DTING 13 DECE,MBER 72, 7995 removed. The Planning and Zoning Board recommended approval and there are no problems with the adjoining residents. A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to approve item 5.3 (SP-22-95). The motion passed on the following roll call vote: 6. CIT/ZDNS'COMMENTS - couug,;llrls Er Dl.rrlA crrrzaus oR rrrrERasrpD l,ARTrEs rrrAT ARE NO? A PART OF THE RE'GITIAR AGEIIIDA SIIOUI,I) BE G'YEN IN I RIrIIYG OR COMM'TNICI:nED VERBAILY PRIOR TO 4:OO P.M. TIIB S,ECOND t2ND) ,JID F0URT,J (4TH) MONDAY OF EICIi MONTN. CO,IMENTS OI. A,ITT NATURE WII,L BE RES;PONDED A\O RY TIIE OFFICE O? TM CNY MANAGER. IN TflE E\lEIIfi 'TH{T THE COMIIISsTOIV DURIIYG THB MBETING. 7. E;XPENDITIIRE RE9UESTS 7.1 Approval of invoice from Bailey Hunt Jones & Busto in the amount of $$5,503.78 for airport related services. City Manager Smith explained that the cost of the invoice covers work by Earl Gallop in preparing for the October DRI hearings. A motion was made by Commissioner Grace, seconded by Vlce Mayor Bertino to approve the invoice as submitted. The Commission agreed that the City has interests involved in the DRI process that must be monitored that are outside the provisions provided in the Airport lnterlocal Agreement and that not all costs will be funded from the loan for airport services. The motion passed on the following roll call vote: Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes A. DISCUSSION AND POSSIBLE ACTION 8.1 Cancellation of December 26, 1995, Commission Meeting for the Christmas Holidays REGI]I,AR ME,ETING 74 DE,CEMBER 72, 7995 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to cancel the December 26 meeting. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes 8.2 Continued review and approval of removal of trees by FDOT for improvements at l-95 and Stirling Road. The Commission generally agreed that it may be a waste of money to relocate some of the trees and that a professional should be hired to handle the planting of the new trees. ln response to Commissioner Jones' concern regarding the traffic from Burger King and the Oakwood Shopping Center, Mr. Glass explained that property has been purchased from the Audubon Society and that the fence and sidewalk will be pushed back. Mr. Tanzer Kalayci, CEO- Keith & Schnars, offered to mark any of the 22 trees that the City would like to try to relocate at the time of removal. The Commission expressed appreciation for the gesture and agreed to coordinate this with City staff. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve item 8.2 IIEGUI,AR DIDETING 15 DE,CEMBER 72, 1995 Patrick Glass, FDOT Project Manager for the l-95 & Stirling Road project, advised that Dan Oyler, past City Planner, agreed some time ago that the City would accept payment lor the 22 trees being removed and that the money would be placed in a tree preservation fund for future use. Mr. Glass explained that the FHAA will not allow landscaping within the limited access lines due to the possibility of obscuring motorist's vision. Another reason for removing the trees is to meet the South Florida Water Management District retention requirements- The appraisal of the 22 trees was estimated at around $60,000.00. FDOT has agreed to have Carl Higgins, Landscape Architect, draw up a landscape design for new trees to be planted in a location of the Commission's choice. lt was noted that the trees cannot be relocated due to age and there being no guarantee for survival. Mr. Glass estimated the time frame for removal of the trees to be around August or September 1996 when construction starts. The motion passed on the following roll call vote: ITEM 8.4 WAS HEARD AFTER ITEM 8.2 8.3 WAS HEARD AFTER ITEM 5.1 8.3 Request from Pulte Home Corp. for Letters of No Objection to change the note on the "Banyan Oakridge Commercial Plat." Will Allen, GroMh Management Director, advised that the existing recorded plat has a restriction of 300,000 square feet of Commercial use and that Letters of No Objection are needed to change the plat note to 260 townhomes, 50,000 square feet of commercial use and to widen the entrance road to a boulevard affect. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Letters of No Objection on the plat. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- no THE COMMISSION RETURNED TO ITEM 5.2 ADDENDUM ITEM 8.4 WAS HEARD AFTER ITEM 8.2 8.4 Dixie Highway Conidor Study Commissioner Mikes directed the City Manager to have a resolution drafted opposing the Dixie Highway Corridor Study project for the January 9 regular meeting. 8.5 Seafair City Manager Smith advlsed that the aftorneys are working towards having a draft of the Aragon Group Settlement on the Seafair site by the end of January 1996. Commissioner Mikes questioned whether language is included to clarify that the building will be used as an ocean engineering facility only by FAU. City Manager Smith stated that the wording does not provide any limitation on the university's use and that he would bring this to the attention of Karl Adler, Esq., attorney for the City. Commissioner Mikes mentioned that citizens do not want Aragon Group to have anything to do with the marina or parking spaces in the Settlement. Mr. Smith advised that the option language is all part of the agreement and that the attorneys are still REGUI,AR MEETING 16 DECEMBER 72, 7995 working on the final provisions. Commissioner Mikes stressed his dissatisfaction that the City was not provided the appraisals that were conducted on the site and asked City Manager Smith to check whether the privacy restrictions have been used against public entities like this before. Mr. Smith advised that Karl Adler did have access to the appraisal, even though the Commission did not, and that he was satisfied with the results. Commissioner Mikes disagreed that Karl Adler should have the right to make this kind of decision for the City Commission. Further discussion followed on the money issue and the need to include legal language to protect the City. 9. APPONTTMEIII?S (All appointments were continued to the next meeting except for item 9.9)9.'l Appointment of one member to the Airport Advisory Board.9.2 Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board.9.3 Appointment of 10 members to the Human Relations Board.9.4 Appointment of one member to the Occupational License Review Committee9.5 Appointment of one member to the Parks & Recreation Advlsory Board.9.6 Appointment of one member to the Planning & Zoning Board.9.7 Appointment of one member to the Unsafe Structures Board.9.8 Appointment of four members to the Community Affairs Advisory Board. 9.9 Appointment of one member to the Charter Review Board Vice Mayor Bertino appointed Dr. Helen Udell A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the appointment of Helen Udell to the Charter Review Board. The motion passed unanimously. Appointment of two members to the Budget Advisory Committee. Appointment of two members and two alternates to the Code Enforcement Board. Appointment of one member to the Dania Housing Authority. Appointment of one member to the Dania Police & Firefighters' Retirement System. 70. ADMINISTRATIVEREPOR?S 10.1 City Manager Smith encouraged the Commission to attend the Ropes Course at BCC on Saturday, February 3, 1996, to learn team building techniques with Department Heads. City Manager Smith advised that he would be in Tallahassee on Thursday for the Preservation 2000 Grant Programs relating to the beach acquisition project and wished everyone a Merry Christmas and Happy New Year. 10.2 City Attorney - no comments 9.10 9.11 9.12 9.13 REGTJI,AR MEETING 77 DE,CEMBER 72,7995 77. COMIIIISSIO]\ICOMMENTS 1,,1.1 Commissioner Grace stated her intentions to continue efforts to build the community. She wished everyone a Merry Christmas and Happy New Yearwith the hope for more unity in 1996. 11.2 Commissioner Jones commended Bud Palm and employees in the Water, Sewer, and Public Works Departments for the Christmas lights at City Hall and the Water Plant. He mentioned that the College Garden Association held a ceremonial dinner on Monday night which included June Silvernale as emcee. City Manager Smith and Commissioner Mikes were thanked for their attendance and support. Commissioner Jones expressed appreciation to Chief Frey, BSO, for the police assistance that was provided to him recently and congratulated Don L. Peterman for being ordained a Minister at the St. Ruths Baptist Church. Commissioner Jones mentioned the positive things accomplished by the Commission this past year and his hope that Bass Pro which will bring growth to the City. ln response to Commissioner Jones' inquiry, City Manager Smith advised that the contractor will roll the sand at Byrd Park before payment is released to him. Commissioner Mikes mentioned hls attendance at the National League of Cities Convention in Phoenix, Arizona with Vice Mayor Bertino. He advised that information was provided on national budget constraints that may create a problem for Broward County in receiving funding to expand the Fort Lauderdale- Hollywood lnternational Airport. It was suggested that the City needs more attractive trash containers at the parks and downtown areas and better landscaping maintenance through out the City. Commissioner Mikes mentioned that there are tapes available from the seminar in Arizona for the entire Commission at City Hall. Further comments related to the speeding on Dania Beach Boulevard and 5th Avenue and there being a need to have Broward County Traffic Engineering conduct a volume study from Sheridan Street along 5th Avenue. 7a DE,CEMBER 72, 7995 Commissioner Jones extended get well wishes to Judi Usifer and Happy Holidays to all. 11,3 CommissionerMikes Commissioner Mikes mentioned his attendance at the GFA event and his hope that Bass Pro will be a positive impact on Dania. Further commendations were extended to Merita Mitchell for the excellent programs provided through the College Garden Association. REGUT.I{.R IWE,ETING 11.4 ln regards to the National league of Cities Convention, Vice Mayor Bertino was concerned with the methods used by the state to determine the formula for distributing grant funds to municipalities. Commissioner Grace advised that the Dania Activity Committee, in conjunction with the City of Dania, will hold the annual Dr. Martin Luther King, Jr. celebrations starting January 6, 1996. The banquet will be held at the LT. Parker Community Center on January 6 at 7:30 p.m. and the key note speaker will be Dr. Dorothy Orr, Executive Assistant to the Superintendent for the Broward County School Board. Commissioner Jones mentioned that the Women's Club is asking whether an annual calendar will be distributed again this year. City Manager Smith advised that it was an expensive project and was removed from budget. However, the City will continue to distribute the BIue Book to citizens which should be available within the next 60 days. 11.5 Mayor Hyde mentioned that the Graves Museum was asked to participate in the Boat Parade at the last minute and that he was pleased to see how the community worked together to prepare for the program. Mayor Hyde commented on his hope for positive things coming to Dania in the new year and wished everyone Happy Holidays. This meeting uas adjourned. d/L,tffi REGUI,A.I? II,IEETING 79 DECEMBER 72,7995 )tLraz../-- cnY clERr,^;luorro{