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HomeMy WebLinkAbout1995-11-14 Regular City Commission Meeting MinutesINVOCATION Reverend l*usis Present Mayor: Vice Mayor: Commissioners: MIIIIfTTES DAI{IA CITTCOMMISSIOil F.EIGUI.AR MEBTING NOVEMBDR 74, 7995 Bill Hyde John Bertino Bobbie Grace AIbert Jones Bob Mikes Mike Smith Frank Adler Marie Jabalee PR^ESENTATIONS *Deputy of the Month - BSO Chief Frey explained that Deputy Vince Massey assisted the Swat Team in locating weapons and a large amount of marijuana in a recent drug case. Deputy Massey was commended for his outstanding job performance and awarded the "Deputy of the Month" award for October, 1995. "Just Say No To Drugs" Program Presentation Chief Frey advised that the Red Ribbon Week events have gone very well this year and that the Kiwanis Club sponsored trophies for the poster contest. The first, second and third place winners were presented as follows: Deputy Ben Williams, School Resource Officer for Collins Elementary School, presented the 1st, 2nd and 3rd place winners of the poem contest and Chief Frey presented a plaque of appreciation to the school. 7 ROLLCALL City Manager: City Attorney: City Clerk: Deputy Linda Canada presented the 1st, 2nd and 3rd place winners ofthe poster contest for Dania Elementary School. Deputy Canada thanked the Commission and Kiwanis Club for their support of the program. Chief Frey presented a plague of appreciation to Dania Elementary School. Wendy Doll, Guidance Director at Olsen Middle School, presented the 1st, 2nd and 3rd place winners of the poster contest for Deputy Chip Brockman, School Resource Officer. Chief Frey presented a plague of appreciation to the school. Chief Frey also presented awards to students at New River Middle School since the resource officer for the school was not in attendance. .Caring Enough to Share - Gloria Daly advised that the Caring Enough to Share Program expects to prepare over 200 food baskets for the holidays and urged the community to donate food or money to help needy families. She presented information on the drop off locations provided throughout the City and encouraged interested parties to attend their meetings held at City Hall, 7:00 p.m., last Thursday each month. ITEMS PULLED FROM CONSENT: Commissioner Mikes pulled items 1.4, 15., and 1.11 and Commissioner Jones pulled item 1.8 from the Consent Agenda. I. CO]YSEIIIII AGENDA Min utes1.1 Workshop Meeting of August 15, 1995.1.2 Regular Meeting of October 24, 1995. Bills1.3 Approval of bills paid for the month of August Resolutions 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT AMONG THE CITY OF DANIA, BROWARD COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION REGARDING A PROJECT APPROVAL UNDER THE FLORIDA BOATING IMPROVEMENT PRoGRAM (F.B.l.P.); AND PRoVIDING FOR AN EFFECTIVE DATE.' 1.7 "A RESOLUTION OF THE CIry OF DANIA FLORIDA AMENDING RESOLUTION NO. 395 AS PASSED AND ADOPTED ON MAY 12, 1981 , AND THEREAFTER AMENDED BY RESOLUTIONS NO. 03-91 AND NO. 14-91, ALL OF WHICH ARE RELATED TO THE HUMAN RELATIONS ADVISORY BOARD; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH 2REGTII.AR MEDTING NOVEMBER 74, 7995 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde -yes Commissioner Jones -yes Vice Mayor Bertino - yes BE REPEALED TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR A EFFECTIVE DATE." 1.9'A RESOLUTION OF THE CITY OF DANIA, FLORIDA RESCINDING THE CONTRACT FOR THE REPLACEMENT OF TWO ROOF AREAS OVER THE SHERIFFS OFFICE AT CITY HALL AWARDED TO WATERTIGHT ROOFING SYSTEMS, INC. BY RESOLUTION NO. 135-95 ON SEPTEMBER 12, 1995, BECAUSE OF NON COMPLIANCE WITH BONDING REQUIREMENTS' AND AWARD SAID BID IO THE SECOND HIGHEST BIDDER, PACE ROOFING lNC.;AND PROVIDING FOR AN EFFECTIVE DATE.' 1.10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE SCOPE OF SERVICES TO BE PERFORMED BY NABORS, GIBLIN, & NICKERSON, P.A. IN CONNECTION WITH THE PROPOSED SOLID WASTE ASSESSMENT PROGRAM FOR THE CITY OF DANIA; AND PROVIDING FOR AN EFFECTIVE DATE., A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Consent Agenda with the exception of items 1.4, 1.5.,1.8 and 1.11. The motion passed on the following roll call vote: ITEMS PULLED FROM THE CONSENT AGENDA 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING PROJECT AGREEMENT BETWEEN FLORIDA INLAND NAVIGATION DISTRICT AND THE CIry OF DANIA COVERING A PROJECT CONSISTING OF DANIA CUT-OFF CANAL DREDGING, PHASE 1; AND PROVIDING FOR AN EFFECTIVE DATE." Dan Oyler, City Planner, presented information on the permitting process and grant procedures for dredging the Dania Cut-off Canal. lt was further noted that the total grant amount is $69,000 and that the City's portion of $17,250.00 has not been budgeted in the 95/96 fiscal year. The proposed dredging will only cover the channel and funds expended to test for soil contamination is not refundable. Mr. Oyler suggested to use the fill from the dredging project for the Bass Pro project or donate it to Broward County for the airport expansion since it must be used for public purpose. Regarding discussion on falling trees along the canal, Mr. Oyler stated that the South Florida Water Management District has agreed to address the issue since the trees can impede boaters and cause a flooding problem. 3REGUI,ARMEETING NOVEMBER 74, 7995 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 A motion was made by Commissioner Grace, seconded by Commissioner Mikes to adopt the resolution. The motion passed on the following roll call vote 1.5 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND COASTAL SYSTEMS INTERNATIONAL, INC., FOR ADDITIONAL ENGINEERING SERVICES RELATIVE TO THE PROPOSED DREDGING OF THE DANIA CUTOFF CANAL;AND PROVIDING FOR AN EFFECTIVE DATE.' Dan Oyler, City Planner, explained that this resolution goes along with the FIND (Florida lnland Navigation District) project for dredging the Dania Cut-off Canal and recommended to approve Coastal Systems lnternational, lnc. for the engineering services. A motion was made by Commissioner Mikes, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the following roll call vote 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY FOR THE SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS IN THE AMOUNT OF $175,OOO.OO PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY BLOCK GRANT PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE., Commissioner Jones urged staff to pay more attention to the landscaping details on CDBG (Community Development Block Grant) projects since the NW 5 Avenue project encountered so many problems. He suggested the use of minority bidders and sub- contractors from the community for these grant projects. Commissioner Grace agreed that the NW 5 Avenue project should have been handled better as the contractor got away with a lot of things and it cost $3,000 more to reinstall sidewalks. She urged the Public Works Department to be placed on notice to water the landscaping and maintain the plant life for these developments. 4REGUI,ARMEBTING NOVEMBDR 74, 7995 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde -yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde -yes 2. PROCI,AMATIO]\IS Commissioner Jones -yes Vice Mayor Bertino - yes Commissioner Jones -yes Vice Mayor Bertino - yes City Manager Smith advised the Commission that Miller & Associates did the engineering work on the NW 5 Avenue project and that he spent a lot of time going back and forth with the contractor in an effort to get things right. Commissioner Mikes urged the Commission to be more involved in the design stages of these grant projects and Vice Mayor Bertino mentioned that residents are responsible for making recommendations on CDBG projects. City Manager Smith was asked to see if there are other areas that could be included in the target area for these programs. City Manager Smith explained that the City competes with other non-profit organizations for these grant funds and that meetings are held with community groups to get input on the projects. A census needs to be conducted to include other areas and 51% low income properties are required to qualify. Commissioner Grace clarified that residents cannot be expected to give input on construction issues and that staff should be responsible for follow-up with the contractor. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the following roll call vote ADDENDUM 1.11 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CHANGING THE NAME OF RAVENSWOOD ROAD TO ANGLERS AVENUE/RAVENSWOOD ROAD; AND PROVIDING FOR AN EFFECTIVE DATE." (Staffl A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to adopt the Resolution. The motion passed on the following roll call vote: 5REGULTR MEETING NOVE,MBER 74, 7995 2.1 Mayor Hyde proclaimed Beauty Sensations Awareness Day - October 22, 1995 3. BIDS 4. PTJBLIC IIEARINGS 4.1 '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.' (Second Reading) Dan Oyler, City Planner, explained that this ordinance was discussed with the Commission in July and that the amendment involves the grant request to purchase two lots at the beach being handled by Richard Rubin. This amendment has nothing to do with the appraisal report being conducted by Leigh Kerr on the Comprehensive Plan and the City needs to get the amendment to DCA (Department of Community Affairs) by tomorrow for a Public Hearing scheduled December 14, 1995. Commissioner Mikes suggested to include a request to amend the Broward County Trafficways Plan from designating a six lane road going over Port Everglades that could impose a traffic problem to the Griffin Road and US 'l area of Dania. Mr. Oyler cautioned that any changes may jeopardize the grant with DCA . The Trafficways Plan cannot be changed on the Comprehensive Plan as they are two different issues and the next submittal for an amendment to the Comprehensive Plan is January 1, 1996. 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 adopt the Ordinance on second and final reading. 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 6REGUI-AR IIIDETING NOVEMBER 74, 7995 4.2V4-17-95 - The request of Don F. Bailey, on behalf of Lizzie Lewis for variances from the minimum lot frontage, lot area and side yard setback requirement of the RD- 6000 zoning district to permit the construction of a single family residence at 229 NW 8th Avenue. Commissioner Grace mentioned that Lizzie Lewis' house was built in 1923 and there is a need to upgrade the structure in an effort to improve the neighborhood. She mentioned that there are two more homes to be built on the street. Will Allen,Growth Management Director, stated that the proposed 2 bedroom home is in the target area and is being built from CDBG (Community Development Block Grant) funds. City Manager Smith advised that the home is being built under low income requirements for the CDBG funds and it must be owner occupied. lf the property transfers through sale or inheritance, the new owner must qualify under the same requirements or the money would be returned. Mr. Smith reported that around 30 homes have been built under these requirements. Mayor Hyde opened 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 VA-17-95 as requested by Don F. Bailey on behalf of Lizzie Lewis. Commissioner Mikes recommended to upgrade the landscaping by adding three 12 foot trees (two in front and one in the back). Commissioner Grace disagreed with making this a condition on the variance and Mayor Hyde agreed that landscape requirements should be added to commercial properties only. A substitute motion was made by Commissioner Mikes to include the condition of three trees. The motion died for lack of a second. The motion to approve the variance passed on the following roll call vote Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde -yes Commissioner Jones -yes Vice Mayor Bertino - yes 5. STTE PI.AN 6. CITIZENS'COMMEIf[S - cv,MtrENTs Bv Dl.r,trA crrtzr,Ns oR rr,:rEREsrED PARTTES TH.{T ARE ]VOT A PART OI' TEE RI'GTJTAR AGE,NDA S'HOTIID BE GIVEN I]lI II'RIrI G OR c;A!trMUIiIc,ATEiD VERa.AT,LY PRIOR TIO 4:OO P.I[. TIIE SECOIVD (zND) AND F.IOTIXTII (4TIO 7REGUI.ARME,ETING NOVEMB.ER 74, 7995 MONDAY OF EACH MONTH. COUUE TS OF ANY NATIIRE WIIf,. BE RESPOITDED TO BY TIIE OFFICE OF THE CITY MANAGER. IN THE EVENT TTTAT TEE CONCERIII REITIAIITS UNRESOLVED, .THE CI'TIZEN(S) OR PARTY WfiL BE As,reD IO ADDRESS TIIE CTTY CO IMISS,ION DIIRING TIIE MEETING. 7. E,XPENDTTUR.E REgUESTS 7.1 Approval of invoice from Earl Gallop of Bailey Hunt Jones & Busto in the amount of $320.33 authorizing expenses for airport related services rendered per resolution 113- o2 City Manager Smith advised that this invoice covers work on the City's court action in September. A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the expenditure for $320.33. Commissioner Mikes questioned why invoices for small amounts are being placed on the agenda when the City Manager can approve these expenditures. Mayor Hyde clarified that staff was directed to include all invoices on airport expenditures to the agenda for Commission approval. 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 8. DISCUSSION A]!ID FOSSIBLE ACTION 8.1 Report from Chairperson on the Dania Airport Advisory Board. (Jay Field) Jay Field, Chairperson for the Dania Airport Advisory Board, requested assistance from the Commission to ensure that the board members receive information on the DRI process on a timely basis in order to perform their function on the board. He mentioned that the City had a position paper that was presented at a recent Broward County DRI meeting that the board knew nothing about. He stressed the need for members to be provided meeting calendar schedules and any pertinent material from staff regarding the DRI process. City Manager Smith agreed to provide this information now that the request has been made" Jay Field stressed his displeasure with having to ask for airport information since it was the policy of the last City Manager to provide the information voluntarily. aREGUI,ARMEETING 8.2 Notice of lntent to use Uniform Method of Collecting Non-Ad Valorem Assessments for the cost of providing Solid Waste Collection and Disposal Services, Stormwater Management Services and Facilities and Emergency Medical Services. City Manager Smith mentioned that a series of notices have been advertised for a public hearing at the regular meeting on December 12 for this issue. No action was taken by the Commission at this time. Addendum Commissioner Mikes was concerned that the City is losing revenue in the Seafair Settlement because the two acres of land involving 1 15 parking spaces and the marina will be handled by the Aragon Group. The City should maintain control of a certain amount of land since the City is trying to purchase two more lots at the beach and FAU does not need the property. It was Vice Mayor Bertino's understanding that Aragon Group was doing the City a favor by taking the marina and parking spaces over in an effort to close the FAU deal. He suggested to review the situation to see if revenues could be increased by renting the marina and parking spaces to the Pier operator. City Manager Smith reminded the Commission that the Settlement Agreement is due to come back for approval in December and that the initial offer was for the City to take a half million dollars and keep the parking spaces and marina. The City rejected the half million dollar deal and a new deal was cut for a million dollars without the marina and parking spaces. He expressed concern that any changes may jeopardize the FAU/Seatech project. Commissioner Grace urged the Commission to stand firm on their decision and go forward with the deal as presented by Karl Adler. Mayor Hyde asked for clarification on whether the Commission is reopening discussion on the issue. Vice Mayor Bertino clarified that he does not want to reopen the issue but wanted the Commission to be aware of his concern before the agreement is signed. Commissioner Mikes asked the Commission to allow Craig McAdams, Marine Advisory Board, to speak on the matter Mayor Hyde refused to open the floor for public comment as the issue was not reopened by the prevailing side. It was noted that Mr. McAdams would be allowed to speak under Vice Mayor Bertino's Commission Comments. REGUI.AR ME,ETING I NOVEMBER 74, 7995 8.3 Seafair Marina. 9. APPC)INTMENTS All appointments were continued to the November 28 meeting except item 9.9. 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 Human Relations Board. 9.4 Appointment of one member to the Occupational License Review Committee. 9.5 Appointment of one member to the Parks & Recreation Advisory 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 four members to the Charter Review Board Comm. Mikes appointed Jay Field and Jerry Mordes. Vice Mayor Bertino appointed Eugene Jewell A motion was made by Commissioner Grace, seconded by Commissioner Jones to appoint Jay Field, Jerry Mordes and Eugene Jewell to the Charter Review Board. The motion passed unanimously. 9.10 Appointment of two members to the Budget Advisory Committee. 9.11 Appointment of two members and two alternates to the Code Enforcement Board 9.12 Appointment of one member to the Housing Authority. 9.13 Appointment of one member to the Dania Police & Firefighters' Retirement System. I O. ADMIMSTRATTi|E R.EFORTS City Manager City Manager Smith advised that FDOT and Kimley Horn will be responding to concerns about the Dixie Highway Corridor Study at the November 28th meeting and that Bud Palm's Department continues to make improvements to the drainage problems in the City. 10.2 Caring Enough to Share Program (This item was heard under Presentations) City Attorney I I .COMII4ISSION COMMEIflIS REGUT.AR ME,DTING 70 NOVEMBER 74, 7995 11 .1 Commissioner Grace Commissioner Grace commended everyone who supported the Red Ribbon Week events and expressed her disappointment that the entire Commission and BSO Community Council were not in attendance. Commissioner Grace mentioned her attendance at the Air-Dania-Pepsi Motocross fund- raiser and Graves Museum reception on November 5. Commissioner Grace requested that the second regular meeting in December be canceled for the Christmas Holidays and wished everyone a Happy Thanksgiving. 11.2 Commissioner Jones Bud Palm and the Public Works Employees were commended for their assistance in the drainage problems and Commissioner Jones suggested more help in operating the Sewer Vac Truck. Commissioner Jones commented on events during Red Ribbon Week and apologized for not being able to attend the Graves Museum reception. He was delighted to see the community come together for the Air-Dania Motocross fund raising to help Heather Zidar. BSO was asked to increase patrol in the NW section to deter drug problems and City Manager Smith was asked to see what other cities are doing about too many newspaper machines. Staff was asked to increase maintenance on swale areas and vacant lots in the southwest and northwest sections of the City. 1 l.3Commissioner Mikes City Manager Smith reported that the FPL sewer project is on the Planning & Zoning Board agehda tomorrow night. Commissioner Mikes asked for direction from City Attorney on whether quasi-judicial procedures should be followed in responding to correspondence on the matter. lt was agreed that the Commission would turn over their correspondence to City Attorney Adler and that legal written direction would be provided to the Commission. Commissioner Mikes cautioned that there is a deadline on reconsidering the NW 10 Street and Griffin Road options in the Trafficways Plan and the issue should be included to the next workshop meeting. Commissioner Mikes urged the City Attorney to review the legal language very carefully to protect the City in the Aragon Seftlement Agreement and stressed dissatisfaction that the City was not given the same disclosure on the appraisal reports as was FAU. Commissioner Mikes reminded City Manager Smith to provide reports on Fire lnspection and property assessment disparity in order to watch property values in the neighborhoods. Commissioner Mikes agreed that a political message needs to be sent out that the City of Dania will not tolerate drugs. RE'GUI.ARMEETING 77 NOVEMBE,R 74, 1.995 11.4 Vice-MayorBertino Vice Mayor Bertino clarified that he was not able to attend the Red Ribbon Week events because his son was ill. Craig McAdams clarified that he did request to be placed on the agenda under Commission Comments to speak on the Seafair issue but his request was denied. He stated that the Marine Advisory Board voted unanimously against the Aragon Group retaining control of the marina and parking spaces. The Marine Advisory Board does not oppose FAU but does oppose the Aragon Group for the way it treated the City on the Seafair project. 11.5 Mayor Hyde Mayor Hyde commented on the Motocross fund raiser event and asked City Manager Smith to review the City's franchise fee on garbage collection as it appears the City is charging more than what is really being received. Mayor Hyde mentioned that he did not open public comment tonight on the Seafair item because public comment will be allowed in the future and his purpose as Mayor is to keep order during the meeting. City Manager Smith clarified that Mr. McAdams telephoned too late on Monday afternoon to be placed on the agenda and that the agenda is closed the Wednesday prior to the Commission Meeting night. Mayor Hyde suggested to sponsor an award along with Fort Lauderdale in the Fort Lauderdale Bill Fish Tournament since the event receives national recognition. This meeting uas adjourned. RE,GUI.ARMEETING 72 NOVEMBER 74, 7995