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HomeMy WebLinkAbout1995-10-24 Regular City Commission Meeting MinutesINVOCATION bg Reaerend. Leuis ROI,L CAI,L: Mogor: Vice Magor: Commissioners; Citg Manager: Cifu Attorneg: Citg Clerk: MINUTES DAI{IA CITY COMftIISS.ION REGUI,AR ME,ETING O(j{I',OBE,R 24, 7995 Bill llgde John Bertino Bobbie Grqce Albert Jones Bob Mikes Michc.el Smith F-rank Adler ilIqrie Jabqlee PRESE]YTATIONS *Employee of the Month City Manager Smith explained that Lou Ann Cunningham has worked for the City twice and consistently since 1985. She has worked in the City Manager, Finance, and Growth Management Departments as well as being involved in special projects for the City. Mr. Smith mentioned her efforts in processing the necessary documentation for FEMA when Hurricane Andrew hit South Florida and the coordination of the City's 90'n Birthday Celebration. Lou Ann Cunningham was presented the "Employee of the Month" award for October 1995. *Leigh Kerr-Update on Evaluation and Appraisal Report on the Comprehensive Plan Leigh Kerr presented copies of the Evaluation and Appraisal Report on the Comprehensive Plan and explained that an update usually takes place every five years. Other elements of the plan are being reviewed to incorporate the City's goals, objectives and policies and to identify any needed amendments. Mr. Kerr assured the Commission that they would have ample time to review the changes prior to submission in April 1996 and that the Planning & Zoning Board will be reviewing the changes also. 7REGUI,,ARMEETING ocroBER 24, 7995 Commissioner Jones requested the inclusion of more black historical properties and Commissioner Grace requested upgraded housing from the northwest section in the report. ln response to Commissioner Mikes, Mr. Kerr mentioned his intentions to confer with Attorney Earl Gallop on the goals, objectives, problems and opportunities of the plan as this portion of the report involves developing existing data. Commissioner Mikes expressed concern over the NE 10 Street designation which may be developing into an industrial corridor bringing truck traffic through US 1 and impacted neighborhoods. Mr. Kerr agreed to look into this concern for Commissioner Mikes. Red Ribbon Week Commissioner Grace asked City Manager Smith to request that the Chamber of Commerce submit a report to the Commission. CO]IISE]IIIIAGE]IIDA Minutes1.1 BudgetWorkshop Meeting of July 2't, 1995 1.2 Special Meeting of September 11, 1995.1.3 Regular Meeting of September 12, 1995. Resolutions,1.4 "A RESOLUTION OF THE CITY OF DANIA FLORIDA, APPOINTING MEMBERS TO THE DANIA CIVIL SERVICE BOARD TO SERVE A FOUR YEAR TERM ENDING IN MARCH OF 1998 OR UNTIL THEIR SUCCESSORS ARE DULY APPOINTED 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. 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE PROPOSAL OF BROWARD SHERIFF'S OFFICE TO DEVELOP A 60 ACRE RESIDENTIAL YOUTH DEVELOPMENT CENTER IN SOUTHWEST BROWARD COUNTY TO HOUSE AND PROVIDE SERVICES FOR AT RISK YOUTH AND COURT ORDERED YOUTHFUL OFFENDERS UNDER A PROJECT CALLED 7 2REGTJI.AR ME,ETING ocToBDR 24, 7995 Rick Frey, Chief District ll- BSO, mentioned the celebration of Red Ribbon Week in Dania Schools over the past week and plans for a parade of antique cars and a picnic on October 28 at Modello Park. The Kiwanis Club is sponsoring the poster program in the schools and the City, NorthwesVByrd Pointe Homeowners Association, Community Council and BSO are sponsors. Chief Frey was please to see the tremendous support for the program from the community and Commissioner volunteered to have flyers distributed through the NorthwesUByrd Pointe Civic Association. CHAMBER of COMMERCE OPERATION BOOTSTRAP; PROVIDING THAT ALL RESOLUTIONS lN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." Ordinances I.6'AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE CITY,S COMPREHENSIVE PLAN; REVISING AND ADDING CERTAIN TEXT CHANGES TO THE FUTURE LAND USE ELEMENT, CONSERVATION ELEMENT, COASTAL MANAGEMENT ELEMENT, RECREATION AND OPEN SPACE ELEMENT, AND INTERGOVERNMENTAL COORDINATION ELEMENT OBJECTIVES AND POLICIES CONTAINED IN THE PLAN PERTAINING TO NATURAL RESOURCE CONSERVATION/OUTDOOR RECREATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." The motion passed on the following roll call vote: Commissioner Jones - yes Vice Mayor Bertino- yes PROCI.AMATIONS - non,e BIDS -none PUBLIC.TIEARINGS - rton.e 6, CITIZENS' COMMEITTS. COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (zND) AND FOURTH (4TH) MONDAY OF EAGH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CIry COMMISSION DURING THE MEETING. 7. E(PENDTTUREREg|UASTS 2 3 4 5 3RE,GTTI,,AR MEETING ocToBER 24, 7995 A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Consent Agenda. Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - no Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - no Vice Mayor Bertino- yes 7.1 Approval of invoice from Young Environmental Sciences, lnc. , in the amount of 94,000.00 authorizing expenses for airport related services rendered per resolution 113-93. City Manager Smith advised that the data obtained from Young Environmental Sciences Airport Compatibility Plan will show noise levels and environmental impact that will be useful in the DRI process with the County. He recommended approval of the expenses. A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to approve the invoice for Young Environmental Sciences in the amount of $4,000.00 The motion passed on the following roll call vote 7.2 Approval of invoice from Curtis & Curtis, P.A. for the period ending October 17, 1995 in the amount of $'1 ,637.84 authorizing expenses for airport related services rendered per resolution 1 13-93. City Manager Smith recommended approval of the invoice from Curtis & Curtis and mentioned that fees will be decreasing because the lnterlocal Agreement has been approved. He clarified that charges will continue from Attorney Earl Gallop based on his expertise in the DRI process. A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to approve the invoice in the amount of $1,637.84. The motion passed on the following roll call vote REGTII,,AR MBETING ocToBER 24, 7995 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes 4 A. DISCUSSION A,IIID .POSSIBLE ACTION 8.1 Settlement with Aragon group regarding Seafair and FAU development of Sea Tech. Attorney Karl Adler explained his involvement in the negotiation process with FAU and Aragon Group concerning FAU's proposal to acquire the Sea Fair lease for their project known as Sea Tech. He mentioned that negotiations were unsuccessful through September 7 when a mediation session was held with Judge Weissing (Ret). On October 5, all parties met for a final meeting and the following agreement was reached: Discussion followed on Sea Fair being in default and not standing up to their original lease agreement with the City, the City's financial loss and whether litigation would be beneficial. Karl Adler cautioned the City that litigation may take a year and a half and that FAU may go elsewhere to build their facility leaving the City no opportunity to develop the site. Karla coleman, FAU, mentioned the many speaking engagements in Dania, Tallahassee, and Washington on the Sea Tech project. ln the Spring, FAU must go back to the Legislative Delegation to request the renovation dollars for the project and FAU must have a 50 year lease from the City for funds to be allocated. Ms. Coleman stated the universities desire and excitement in coming to Dania with their project and then introduced her colleagues; Attorney Don Hall and Dr. John DeGrove, Director of Joint Center for Environmental and Urban Problems. 5 ocToBER 24, 7995 . Aragon will receive $4,200,000 from FAU;. Dania will receive $1 ,000,000;. FAU agrees to pay $27,000 a year to the City for provision of certain services;. FAU agrees to provide consulting services to the City for 10 years which services are valued at $30,000 a year;. The City and Aragon will enter a settlement agreement on outstanding issues between them;. The settlement agreement will terminate the existing lease and Aragon will be paid g4,2OO,0OO by FAU for surrendering its lease;. FAU will receive a fifty (50) year lease agreement for all property presently leased by the City of Dania to Aragon Group;o The lease shall continue for the approximate seventeen (17) years on that portion of the Marina and the 1 15 parking spaces south of Sea Fair to be retained under lease by Aragon Group. FAU will take all premises subject to the balance of said lease and become Landlord of Aragon Group for the Marina and parking spaces until termination of the existing lease. The City of Dania will have consent on extending or renewing said lease.. City reseryes the right to consent to the final division of the marina slips or property to be retained under Aragon Group which will be necessary to profitably operate a marina. The southern-most "T" pier would be divided equally between FAU and Aragon Group for the marina. Aragon Group would also retain the northern one-half (1/2) thereof for the marina including the northern-most detached small building to be utilized alongside the parking lot for the marina office and the balance of all other "T" docks to the north. City Manager Smith commented on the negative impact that the Sea Fair project has had on the other entities at the beach and the City's disappointment that Aragon never lived up to its lease. He felt that the settlement is the result of a long negotiation process and represents the best financial arrangement. Mr. Smith expects Dania to be provided with world class services in planning and economic development from Sea Tech from the joint efforts of FAU and Dr. DeGrove's organization. There are also possibilities to be considered with Sea Tech and South Broward High School's Oceanographic Magnet Program for the children of Dania. Commissioner Mikes mentioned that the land at the beach is very valuable and that the Dania City Commission was not privy to the two appraisals showing the land value making it difficult for him make a decision. He mentioned that Dania should have been receiving around $300,000 a year from Aragon Group for Sea Fair and that the City never pursued legal default action against Aragon. Commissioner Mikes was disappointed that Dania did not take action to conduct their own appraisal and that this deal has been made to benefit Aragon Group since they are getting twice what the building is worth. Attorney Karl Adler advised that as an attorney the appraisal was given to him, as a privileged document, to review. The appraisal was purchased by FAU for the Board of Regents. Privileged documents are not open to the public as a public record so that certain people do not get an undo advantage. He assured the Commission that there was nothing mysterious about the appraisals as the usual appraisal method was used by calculating income on the best use of the property. He stated that Commissioner Mikes was correct as the Sea Fair building was valued at around $1,000,000 and the land took up the rest. Under appraisal methods, the City does not own all of the land because 17 years are left on the lease with Aragon and Aragon has the right of first refusal to renew with someone else unless default can be proved in court. The financial situation will be worked out between Aragon Group and the City and either party will not be able to come back later on the rent. Karl Adler's recommendation was for the City to go forward with the settlement so that Dania citizens could have something to be proud of on the Sea Fair site. Commissioner Jones agreed that the City should get more money out of the deal but that this Commission was not responsible for the lease terms provided to Aragon Group. He urged the Commission to get past the negative feelings and go forward with the FAU proposal that appears to be advantageous to the City. Mr. Smith clarified that no other opportunities have been offered to the City for the property and that the Sea Fair building has had a negative impact on restaurant prospectives for the Pier. Commissioner Jones pointed out that over a 50 year period the City may be able to obtain 2.6 million dollars with the cash, services and spin-off expected from the FAU proposal. Mayor Hyde mentioned that Dania has lost probably millions of dollars over the years and that Davie benefited tremendously when they started working with universities over 20 years ago. He urged the Commission to look towards the positive opportunities to be gained for Dania from an Oceanographic Program, Bass Pro and existing Graves Museum. 6 ocToBER 24, 7995REGI]I,AR MEBTING Vice Mayor Bertino agreed that litigation has no guarantees and that the quality spin-off industries that will be generated from the FAU proposal may be unimaginable to the City in the future. Commissioner Grace stated that Dania took the initiative to get Bass Pro and now has a great opportunity to get the Sea Fair site revitalized to bring revenues and business into the City. Commissioner Grace reminded the public that the City had an opportunity a few years ago with a German company who builds and renovates hotels for the Sea Fair site and that the City refused the proposal because no one wanted a large hotel on the beach. Several citizens came forward to present their opinions on the proposal. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the settlement with Aragon Group regarding Sea Fair and FAU development of Sea Tech as presented. Vice Mayor Bertino questioned the need to define the details of the settlement that may impact the City in the future. Attorney Karl Adler assured the Commission that they will have input on the details and that the settlement must be accepted before the documents can be prepared and brought back for approval. The motion passed on the following roll call vote: Commissioner Grace - Commissioner Mikes - Mayor Hyde -yes Commissioner Jones - yes Vice Mayor Bertino -yes yes no 8.2 Request by Human Relations Board to reconstitute board with 10 members to meet as needed only. City Manager Smith advised that the Human Relations Board is requesting to be reconstituted to a ten member board and to meet on an as needed basis since their activities have been limited over the past four years. The Commission agreed to include the item to the next regular meeting agenda 9. APPOINTIWE,NTS 7REGUT"AR MEDTING ocToBER 24, 7995 Commissioner Mikes clarified that no one is opposed to having FAU come to the City but Dania is really not getting anything for the value of the land and Aragon will walk away with millions. He felt that Steve Snyder has been defended for years by the Commission and questioned why no default action has ever been taken against him. Agenda ltems 9.1 through 9.7 and 9.9 and 9.10 were continued to the next meeting. 9.1 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 one member to the Occupational License Review Committee 9.4 Appointment of one member to the Parks & Recreation Advisory Board. 9.5 Appointment of one member to the Planning & Zoning Board. 9.6 Appointment of one member to the Unsafe Structures Board. 9.7 Appointment of four members to the Community Affairs Advisory Board. 9.8 Appointment of five members to the Charter Review Board. Commissioner Jones appointed Janice Peterman. A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to appoint Janice Peterman to the Charter Review Board. The motion passed unanimously. 9.9 Appointment of two members to the Budget Advisory Committee 9.10 Appointment of one member to the Dania Police & Firefighters' Retirement System. 70. ADMINISTRATIVE .REPOR?S City Manager City Manager Smith advised that the Charter Review Board will not be meeting as was previously advertised until all appointments have been obtained from the Commission. 10.1 The Commission generally agreed to allow City Manager Smith to place an ad for a City of Dania Director of Personnel/Community Development. 10.2 Cily Manager Smith requested to have a Workshop meeting on November 7, .lgg5, and to precede the meeting with an Executive Session concerning the Firefighter's Collective Bargaining Agreement. 8REGUI,AR MEETING ocToBER 24, 7995 Commissioner Mikes stated that the Commission should have conducted a workshop on the details of the Sea Fair settlement before the item was brought to the Commission. Gity Attorney - no comments 77. COMMTSSIO]V COMMENTS 1 1.1 Commissioner Grace On November 16, the Northwest /Byrd Pointe Civic Association is requesting dry goods and can goods donations for Thanksgiving Baskets. The donations may be dropped off in Commissioner Grace's name at Modello Park or City Hall- Commissioner Grace advised that 10 men from Dania aftended the Million Man March in Washington. She mentioned her plans to meet with these individuals in an effort to curtail some of the youth problems in the City. Commissioner Grace requested the City Manager to take action to have the Winn Dixie Shopping Center cleaned up and urged the Commission to reject the idea of an FPL SubbtatiSn in Dania. She abked to hlave the complaints checked out that people are driving on private property at the car wash on Federal Highway. 11 .2 Commissioner Jones Commissioner Jones mentioned that St. Ruth's Missionary Baptist Church is having a revival this week and welcomed everyone to hear Pastor Johnson speak. Commissioner Jones mentioned his being awarded "Community Service Educator of the Year" in St. Petersburg this past week from the Florida Alliance for Health, Phy-sical Education, Recreation, Dance and Drivers Education. He commented on the first class operation of the St. Petersburg Pierwhich might be helpful to Dania's Pier. Commissioner Jones advised that November 3 will be his last official day at McArthur High School after 27 years as Physical Educator. He will pursue a new position as Supervisor of Special Projects for the Broward County School Board dealing with mentally and physically challenged and at risk children. Commissioner Jones asked the City Manager to provide information to the Commission on the attendance records of the different advisory boards. He stated the need for Commission appointees to be attending meetings and to replace the ones who may not be attending. He asked Code Enforcement to site those individuals who are putting out trash before the scheduled pickup times and to have the Vac Truck clean the drains in the area of 5th Court and NW 7th Avenue/1st Street and throughout the City. Commissioner Jones encouraged the Commission to take action to eradicate the idea of an FPL Substation in Dania since there are no positive results expected from it. Commissioner Jones offered prayers for Judy Usifer's recovery and for his mother who is not feeling well. I ocToBER 24, 7995 1 1.3 Commissioner Mikes Commissioner Mikes gave part of his time to allow Marco Salvino to address the Commission on the Optimist Club. Marco Salvino reminded the Commission of the discussions that have taken place on constructing an Optimist Club Building at Frost Park which seems to take up too much space. He requested permission from the Commission to allow him to have plans drawn up for a proposal to construct a building on top ofthe existing concession stand since there are architects that will donate their time to the project. The building and bathrooms would have to meet ADA requirements. Mr. Salvino presented comments relating to bringing City-Wide Baseball into all of the parks and the soccer that is starting now. His recommendation was to hire a Sports Coordinator to take charge of all the parks and events to get the programs going since there is not enough volunteer help. The Commission was agreeable to Mr. Salvino's request to draw up plans for an Optimist Club Building. Commissioner Mikes expressed his concern that Judy Usifer is in the hospltal with two brain aneurysms. He mentioned that Judy has always been a very caring individual who has done so much for the City of Dania in spite of her own difficulties caring for her mother. Commissioner Mikes mentioned that some painting has been done at the Winn Dixie Shopping Center but more cleanup is needed. City Manager Smith advised that Winn Dixie has been cited by the Code Board for violations. Commissioner Mikes mentioned that the FPL Substation will be presented in the form of a Quasi-Judicial Hearing and confirmed that the Commission has not made a decision on the proposal. Commissioner Mikes commented on recent articles written about him in The Reporter Newspaper regarding his ownership of property in the Melaleuca Gardens area. He stated his actions have always been to fight to preserve the community and that his wife's hiring of Attorney Ed Curtis a few years ago was reviewed with the City Attorney. Commissioner Mikes asked the City Manager to check into a vagrant problem at the parks and to request BSO to drive by the parks at night. Commissioner Mikes restated his concern that Aragon Group is walking away with the majority of the money on the Sea Fair site and questioned why Code Enforcement never cited the Sea Fair Building for violations. 11.4 Vice-Mayor Bertino Vice Mayor Bertino stated that Judy Usifer is going into surgery tomorrow and for everyone to pray for her. Vice Mayor Bertino commented on a recent letter from the School Superintendent indicating that the old Olsen Middle School Building will not be demolished due to lack of funds. He felt that this is hurting the children who are attending the new school because they do not have the proper recreational facility and that this needs to be addressed. City Manager Smith stated that a meeting is scheduled with the School Board and that he would be reporting back to the Commission on November 7th. 70 ocToBDR 24, 7995 \-./ 11.5 Mayor Hyde Mayor Hyd^e^asked C-ode Enforcement to check out the standing water at the ShoppingCenter on 28th and Griffin Road. Mayor Hyde advised that a benefit is scheduled for the Zidar Family on November 4 at the Motocross Track on behalf of young Heather Zidar who is very ill. 'Commissioner Gracementioned her efforts to get the event going and requested a 30 minute time extension forthe Motocross Track for the fund-raiser. Mayor Hyde expressed his concern and best wishes for Judy Usifer. This meeting uas adjourned.. CITY 77 ocToBER 24, 7995