HomeMy WebLinkAbout1995-01-10 Regular City Commission Meeting MinutesINVOCATION BY
MINUTES
DANIA ClrY COMMISSION
REGULAR MEEIING
JANUARY 10, 1995
Robert Mikes
Bobbie Grace
John Bertino
Bill Hyde
Albert Jones
Robert Flatley
Frank Adler
Marie Jabalee
Present
Mayor:
Vlce Mayor:
Commissioners:
City Manager:
City Attorney:
AG{inEl city clerk:
PRESENTATloNS:
+Fire Chief Grammer reported that 381 rescue calls were responded to in December for a total
of 3,838 calls for 7994. The Fire Department successfully distributed toys and food during the
holidays.
Chief Grammer was happy to report that Station 93 is now fully operational and that all
citizens of Dania are receiving the same level of rescue services.
1REGULAR MEETING JANUARY 10, 1995
ROLL GALL:
Chief Grammer advised the Commission that Broward County established a Blue Ribbon
Panel on EMS and hired a facilitator to run the organization. Rules and regulations were set
on January 4 rnd it appears that things are moving heavily towards the County side. Chief
Grammer advised that the 11 Cities who are providing EMS in Broward County are meering
on their own to establish further representation on the County board and their first meeting
is Jan 12, 1995, at 10:00 a.m. in Margate.
'tDania Civic Association
Vito Mancino, Dania Civic Association, came forward ro congratulate Marie Jabalee on her
appointment as Acting City Clerk.
1. CONSENTAGENDA
A motion was made by Commissioner Bertino, seconded by Commissioner Jones ro approve
the Consent Agenda.
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
2
3
4
PROCLAMATIONS - NONE
BIDS - NONE
PUBLIC HEARING
4.1. City Attorney Adler read the title ofthe ordinance for second reading rezoning Parcel
A "SEA-AIRE No. 1", from present zoning classification of IG (Industrial General) to IRO
(Industrial Research Office) under the provisions of Ordinance No. 100 of the City of Dania,
Florida.
Dan Phee, CDI Engineering & Planning, representing the owner, South Florida Industrial
Park Inc. Partnership, advised that the land use currently on the propeny is compatible with
the rezoning request to IRO. He added that the propeny is platted and consistent with the
plat note which is for industrial property.
\fli1l Allen, Growth Management Director, mentioned that the property is located at the
corner of Taylor Road and NE 7th Avenue and that the current land use is Employment
Center. Mr. Allen stated that the applicant may request a car leasing facility for this site in the
future and that the rezoning s,ill allow the ability to request a special exception for a car
2REGULAR MEEIING JANUARY 10, 1995
*BSO Deputy of the Month - continued to next regular meering.
*I7ill Allen, Growh Management Director, advised the public that T-shirts and Hats
depicting the City's 90th Birthday and Tomato Days are on sale ar City Hall. Hats are $5.00,
T-shins are $6.00 or 2 for $1O.OO, and mugs with the Nyberg/Swanson House are $3.50 each.
leasing facility. The Planning & Zoting Board recommended approval based on the rezoning
being consistent with the Comprehensive Plan and surrounding zoning classifications- Mr.
Allen confirmed that the applicant is not requesting flex units and that there are no plans for
development at this time.
Mayor Mikes opened the public hearing.
John Bruckner requested information on the location of the site
Hearing no funher comments, rhe Mayor closed the public hearing.
A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to adopt the
ordinance rezoning Parcel "A" SeaAire No. 1 to IRO (Industrial Research Office) for propefly
located at the Northwest corner of Taylor Road and NE 7 Avenue. BZ-21-94)
The motion passed on the following roll call vote:
Commissioner Benino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
4.2 City Attorney Adler read the variance requesr for a 60 sq. ft. wall sign on the norrh
elevation of the building and a wall sign on the west elevation for 110 sq. ft. requested byJeff
Falkanger & Associates, Petitioner, and owner, Christine Vitolo for property located on the
east side of NE 7 Avenue.
Doug Snyder, Jeff Falkanger & Associates, advised that the variance for the two wall signs is
in conjunction with the Hertz Rent-a-Car development on NE 7 Avenue and thar rhe requests
were inadvenently left off the December 13 agenda. Mr. Snyder requested variance approvai
for the signs for better visibility to be provided for the west side ofthe building.
\(zill Allen, Growth Management Director, advised that the Planning & Zoning Board
recommended approval since the 110 sq. ft. sign meets the scale ofthe building and based on
the location being remote and visibility being impaired due to landscaping on Federal
Highway, "Mt. Dania", and access ramps onto I-95 nd 595.
Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Mayor Mikes reminded the petitioner that, at rhe lasr Commission meering, they agreed to
provide assistance for a directory sign from Federal Highway. He recommended that the
Commission include conditions to the variance request requirin g a 2A k. sq. easement and a
nominal amount of $5,000 towards a sign system. Mr. Snyder expressed desire to
accommodate the City but felt that the directory sign would be in a better location at the
intersection of Taylor Road/ Griffin Road andlor Eller Drive and 7th Avenue instead of on
3REGULAR MEETING ,ANUARY 10, 1995
their site. Mr. Adler advised that the petitioner cannot provide frontage on 7th Avenue as
that area is owned by the airpon.
A motion was made by Vice Mayor Grace, seconded by Commissioner Bertino to approve
Y A-34-94 with the condition that the petitioner agrees to contribute their fair share towards
funding a quality directory signage system.
The motion passed on the following roll call vote:
Commissioner Benino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
5.
6.
CITIZENS' GOMMENTS. none
SIIE PLIANS
6.7 \(ill Allen, Growth Management Director, presented the site plan request by John
MacKenzie for a duplex at the Southwest corner of NE 3 Street and NE 2 Avenue. Mr. Allen
explained the location ofthe site and advised that the Planning & Zoning Board
recommended approval as it conforms to al1 regulations including lot size, setbacks, 1ot
coverage, building height, landscaping and parking requirements. Mr. Allen explained that
drainage will be reviewed at building permit time and that the drainage plan must be approved
by Broward County Water Management.
Mayor Mikes allowed {or public comments and no comments were heard.
A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to approve
SP-27-94 as requested by John Mackenzie for a duplex at the southwest corner of NE 3 Street
and NE 2 Avenue.
The motion passed on the following roll call vote'
CommissionerBertino-yes CommissionerHyde-yes
Commissioner Jones - yes Vice Mayor Grace - yes
Mayor Mikes - yes
7. EXPENDITURE REQUESTS
7.1, City Manager Flatley recommended approval of the invoice from Bailey Hunt & Jones
for $666.53. Marie Jabalee, Finance Director/Acting City Clerk, explained to Commissioner
Jones that $50,000 has been budgeted this year for airport related expenses and that the
previous balance on the invoice has been paid.
4 JANUARY 10, 1995REGULAR MEEIING
A motion was made by Commissioner Hyde, seconded by Commissioner Berrino ro approve
payment of the invoice for $666.53 for period ending Novemb er 30, 1994, from Bailey Hunt
& Jones.
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - no
Commissioner Hyde-yes
Vice Mayor Grace - no
7 .2 City Manager Flatley advised that the Annual Calendar should be ready for
distribution at the next regular meeting and that the lowest quote for printing was from G &
G Printing for $11,051.00.
City Attorney Adler advised that a resolution should be approved ro cover rhe expenditure.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt a
resolution waiving the bid process and approving the expenditure over $7500 without
advertisement for bid for G & G Printing in the amount of $11,051 for the 1995 Annual
Report and Calendar.
The motion passed on the following roll call vote
8. DISCUSSION AND POSSIBLE ACTION
8.1 Commissioner Jones suggested implementing a computerized telephone assisrance
program for ailing and elderly citizens in the City.
Chief Frey, BSO, stated that South Broward Hospital District will fund the so{rware and
hardware for the service. Chief Frey advised that BSO will have to install a phone line for
monitoring and that current staff can be utilized to dispatch calls.
Fire Chief Grammer mentioned that Hallandale and Pembroke Pines already provide rhis
emergency service and that the Fire Depanment can respond to rescue calls once they are
dispatched from BSO. Chief Grammer advised that the City just has to agree to participare
with South Broward Hospital District in providing the service and that it will not cost rhe
City anlthing.
The Commission agreed that the service would be a benefit ro the communiry.
5REGULAR MEEflNG
Commissioner Bertino -yes
Commissioner Jones - no
Mayor Mikes - yes
JANUARY 10, 1995
Harmon Garrin Associates
The Ernest Jones Company
Real Estate Analysts, Inc.
8.2 In relation to the FAU proposal for an Ocean Engineering facility at the Seafair site,
City Manager Flatley advised that the following three quotes have been received for appraisal
services for the property:
$6,s00.00
$9,500.00
$9,800.00
Dan Oyler stated that the County list was used to select the three appraisers and that they
were asked to submit their quote to conduct an appraisal based on the property being zoned
Parks & Recreation (Open Space) and excluding any buildings. Mr. Oyler explained that the
appraisers advised him that the property has three classes of locational characteristics to be
individually valued as follows;
(2) The thin rectangular site located on the south ponion of the parcel, currently occupied
with building improvements. This parcel is classified as being between the State's parking lot,
and fronting on the finger canal (marina).
(3) The narrow rectangular parcel at the east portion ofthe site, located between the present
docks and City parking lot. This sub-parcel is classified as having finger canal (marina)
frontage, with a view of beach and ocean.
Mr. Oyler asked for clarification from the Commission on whether they wish to pursue an
appraisal based on the only value being Parks & Recreation or whether to base the appraisal
on the highest and best use with income or commercial value to the City of Dania. Mr. Oyler
advised that the lowest bidder would charge $1,000.00 more if the appraisal is based on the
highest and best use category.
Commissioner Hyde questioned why the appraisal quotes are so high and Mr. Oyler stated
that the appraisers face a problem finding a comparable propeny to Dania Beach since the
only local comparable property is in Boca Raton and it has not sold yet.
Vice Mayor Grace stated that the Seafair land is not vacant, since a building exists, and that the
appraisal is a waste of money and not necessary.
Commissioner Jones felt that a rough estimate on the value of the land can be obtained
without an appraisal and that the City is acting too soon since Aragon Group has made no
real decisions on the FAU proposal.
City Manager Flatley advised that the state's appraisal on the building is expected in about
four weeks.
REGULAR MEETING JANUARY 10, 1995
(1) The triangular parcel west of St. Rd. A1A, with both Intracoastal lTaterway and finger
canal (marina) frontages.
6
Mayor Mikes felt that an appraisal is needed by the City to determine whether the propeny is
worth a million or ten million dollars because Seafair does not want to talk about the value of
the beach property that involves seven acres of intracoastal and ocean frontage.
City Attorney Adler clarified that the City owns the Seafair Building subject to the lease as
you cannot separate the land from the building and if Aragon Group defaults on the lease they
do not get a right to move the building. Aragon Group has the right to use the building as
long as they pay the rent. If Aragon Group is in default, the City can go to court to request
that they be removed from the site. Mayor Mikes felt that Aragon Group has been in default
since they have been paying minimum rent and the wording in the lease reads major
restaurant operation.
After funher discussion, the Mayor agreed to wait until the state appraisal comes in and
recommended that the City pursue their own appraisal before any major decision is made on
the propeny.
8.3. City Attorney Adler advised that Habitat for Humanity has supplied the City with
recorded mortgages and promissory notes on the properties that have closed. He advised that
the City has taken action in the past to release lot mowing liens and that there is a request
attached in the backup.
A motion q/as made by Commissioner Hyde, seconded by Commissioner Bertino to release
lot mowing charges on tax folio #0233-15-077 (Lot 7 Blk 3) dated 6/7/97lor $220.00 and
$195.00 dated l/9/92 md on tax folio #0233-b-Arc @ot 2 Blk 2) for a recorded lien dated
8/ 4/92 for $220.00, and two charges of $220.00 dated l/s /92 ar.d 1/ 11,/93.
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
8.4 City Manager Fiatley presented a request from Henry L. Graham, LES Inc., (Liberia
Economic and Social Development) to waive a delinquent trash removal fee amounting to
$2,925.00 dated March 22, 7991.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to grant the
waiver for the trash removal.
7 JANUARY 10, 1995
Commissioner Bertino stated that the wonh of the land can be determined by taking the
yearly lease payments paid by Aragon Group times the number of years left ro pay on the
lease ($70,000 a year times 18 years : $ 1.4 million). Mayor Mikes mentioned that this is
assuming Aragon Group is not in default of their lease and Commissioner Benino advised that
Dania has first right of refusal on the building in accordance with the lease.
REGULAR MEETING
Commissioner Bertino -yes
Commissioner Jones - no
Mayor Mikes - yes
Commissioner Benino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-no
Vice Mayor Grace - no
Commissioner Hyde-yes
Vice Mayor Grace - yes
Mayor Mikes questioned whether there is a way for LES to obtain grant funds to recover
these funds for the City. Vice Mayor Grace mentioned that the project has been a positive
improvement to the community and that Mr. Graham would not be asking for assistance
from the City if there were grant funds available.
Commissioner Benino made a motion to table this item to the next regular meeting in order
for Mr. Graham to address the issue personally on whether grant funds can be obtained for
the charges.
The motion failed on the following roll call vote'
Commissioner Jones encouraged the Commission to realize the positive impact that the LES
project has had to the area and the difficulties involved with dealing with low income housing.
Mayor Mikes and Commissioner Bertino felt that an effort should be made by the
Commission to obtain other alternatives for funding on these charges before a waiver is
granted so easily by the Commission.
The motion to grant approval ofthe waiver passed on the following roll call vote:
8.6 City Manager Flatley advised the Commission that Owen P. Bell, Senior Vice
President of Aragon Group, Inc., has agreed to make arrangements with the Commission to
inspect the Seafair Building at their convenience.
9. APPOINTMENTS
9.2 Commissioner Jones nominated Brenda Miller to the Unsafe Structures Board as the
Person Experienced in Social Problems.
8REGUUTR MEETING JANUARY 10, 1995
8.5 City Manager Flatley advised that 33 individuals picked up proposal information for
the operation of a temporary bait and tackle shop at the pier and that only one proposal has
been received from a pannership between Donald Streeter and Thomas Zannucci. Mr. Flatley
advised that this proposal will be presented and discussed further at the January 17 workshop
meering.
9.7 Commissioner Benino continued his appointment to the Airport Advisory Board to
the next regular meeting.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to appoint
Brenda Miller to the Unsafe Structures Board. The morion passed unanimously.
The Commission continued the second appointment to the next regular meeting.
9.3 Vice Mayor Grace continued her appointment to the Downrown Redevelopmenr
Agency to the next regular meeting.
9.4 Mayor Mikes mentioned his desire to appoint individuals to the Housing Authority
who take an interest in their community and neighborhood which has been displayed by two
officers on the South Dania Civic Association. He then appointed Ronald Zielinski and
Barbara Bullock to the Dania Housing Authority.
A motion was made by Commissioner Benino, seconded by Commissioner Hyde to appoint
Ronald Zielinski to replace and complete the term of Linda Ramos on the Dania Housing
Authority. The motion carried vrith Commissioner Jones and Vice Mayor Grace voting no.
A motion was made by Mayor Mikes, after passing the gavel, seconded by Commissioner
Hyde to appoint Barbara Bullock to the Dania Housing Authority.
The motion passed on the following roll call vote:
Commissioner Benino -yes
Commissioner.f ones - no
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - no
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD \TERE OVERLOOK-E,D
AND ADDRESSED LINDER ADMINISTRATIVE REPORTS.
9.5 Commissioner Hyde mentioned that Rusty Sloan has requested to be considered for
appointment on the Code Enforcement Board,
Commissioner Jones asked City Attorney Adler to clarify the procedure for an alternate on
this board and Mr. Adler advised that they serve when someone is absent but are not
automatically moved to fill a vacant seat.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to
reappoint Alex Buchsbaum to serve on the Code Enforcement Board. The motion passed
unanimously.
A motion was made by Commissioner Benino, seconded by Vice Mayor Grace to appoint
Jimmie Peterman to replace Donald Duffy and Rusty Sloan as Alternate on the Code
Enforcement Board. The motion passed unanimously.
JANUARY 10, 1995REGULAR MEETING 9
THE COMMISSION RETURNED TO ITEM 10.2
10. ADMINISTRATIVEREPORTS
10.1 City Manager Flatley reported that Steve Snyder has requested a continuance on
negotiations for the Seafair site based on the appraisal by the State not being expected for four
to five weeks. Mr. Flatley advised that Mr. Snyder was not happy about the City's counter
proposal that would provide the City with half of what Mr. Snyder is offered by FAU.
City Manager Flatley reponed that no action was taken by the Legislature on any annexarion
bills and that the bills were turned over to a Committee headed by Representative Jack Tobin
to study annexation county wide. The study m y or m y not be completed by the time the
Legislative Session adjourns in April. Mr. Flatley advised that Ft. Lauderdale has been
proposing a Deannexation Bill for some airport propeny in exchange for Secret Woods so
they can continue with the rest of Marina Mile and that Hollywood had some residential
property taken out of their bill.
City Manager Flatley advted that the plans for the Modello Pool are with the Building
Inspector for approval. A health permit must be obtained so that bids can be advenised. The
construction should be completed by May orJune and there may be a need to transport
children to the YMCA or Attucks School for swimming lessons.
City Manager Flatley mentioned that staff is working on preparing an ordinance to establish a
utility fee to cover drainage with background information from the City of Hollywood.
Mr. Flatley reponed that trailers will be auctioned off on January 28 for the Trails End
Trailer Park and viewing for the trailers is January 20. There are 234 mobile homes to be
auctioned and they will have to be moved by March.
City Manager Flatley requested permission to put up "Welcome to Dania" banners at the
main intersections at an estimated cost of $5,000.00 and to surplus the 90th Binhday banners
so that citizens can purchase them for souvenirs. The Commission asked to review the design
of the banner being put up.
ITEM 9.5 \TAS HEARD AT THIS TIME
10.2 City Manager Flatley advised the Commission on the items to be discussed at the
January 17, 7995, !(orkshop Meeting.
10.3 City Manager Flatley reponed that Jones Intercable is willing to televise Candidates'
Night on !(ednesday, Jan rrry 25,1995, at 7:0A p.m. that has been requested by the Dania
Democratic Club and Dania Activities Committee. Mayor Mikes questioned why these two
groups are sponsoring the event.
REGULAR MEETING 10 JANUARY 10, 1995
John Chamberlain, Candidate for Commission, advised that he has stepped down as President
on the Democratic Club and that Candidates' Night was intended as a non-partisan evenr. Jay
Field came forward to explain how the last Candidates' Night was handled by civic
associations which appeared to be operated iai,rly. Mayor Mikes recommended to include a
third group to balance the event. Alex Buchsbaum, Griffin Civic Association, advised that
candidates are invited to his organization to a Candidates' Night scheduled the first Tuesday
in February.
The Commission generally agreed that a broad number of people be included in the
Candidates' Night since a city facility is being used.
7O.4 City Manager Flatley advised that a Martin Luther King Prayer Breakfast is scheduled
January 16, 1.995, at73A ^.m. at Collins Elementary School and that the Memorial Service
follows at 10:30 a.m. The softball game will begin at 2:30 p.m. at the beach.
CITY ATTORNEY
City Attorney Adler reported that the Circuit Coun of Appeals was favorable to the City in
the lawsuit filed by Ft. Lauderdale Warehouse & Terminal Co., propeny owners on the south
of the Trails End Trailer Park, relating to the City's refusal to allow access through the trailer
court.
11. COMMISSIONCOMMENTS
11.1 CommissionerBenino
Commissioner Bertino commented on the success of the Manin Luther King, Jr. Banquet. He
asked to include discussion of organization fund-raisers and the ordinance regarding hiring and
firing department heads by the City Manager to the next workshop.
77.2 Commissioner Hvde
Commissioner Hyde was pleased to know that Station 93 is operating and that fuIl rescue
service is being provided throughout the City. He menrioned rhat there is a need to address
the same service in the City for trash removal.
Commissioner Hyde thanked the Commission for passing the Brant application for an
Enhanced Marine Law Enforcement Grant. He stated that he would advise the Broward
County Marine Advisory Committee of the Commission's action.
City Manager Flatley reponed that bids are due on Janu ary 17 Ior the lighting improvements
at the Parks.
REGUUIR MEETING 11 JANUARY 10, 1995
11.3 CommissionerJones
Commissioner Jones commented on the success of the Employee Holiday Pany and the
Manin Luther King, Jr. Banquet. He mentioned his recent attendance at a Youth Program at
New Macedonia Baptist Church in Hollywood which included conversarions s/irh
professional football players.
Commissioner Jones wished everyone ^H^ppy New Year.
ll.4 Vice Mayor Grace
Vice Mayor Grace asked to include a presentation by \flillie Priester on Small Business to the
next workshop meeting.
Vice Mayor Grace mentioned that past Mayor Chester Byrd established the Dania Activity
Committee and that there is a need to continue to have programs that will benefit all of the
citizens of Dania. She expressed her dissatisfaction with the negative comments expressed by
Mayor Mikes in regards to the Dania Activity Committee and her disappointment that Veta
Mae Peterman was not reappointed to the Housing Authority.
Vice Mayor Grace expressed appreciation to those who attended the Martin Luther King, Jr.
Banquet and encouraged aftendance at the breakfast and memorial service on January 16.
11.5 Mayor Mikes
Mayor Mikes asked that a funding list on requests be prepared for Congressman Shaw and
that this be discussed at the next workshop meeting. He commented on the success of the
Employee Holiday Party and his feelings that it should become an annual event.
Mayor Mikes mentioned his attendance at the South Dania Civic Association meetinB and his
support for the two persons from this association on the Housing Authority.
Mayor Mikes suggested to have the method on water turnoffs looked at to provide better
notification and that there is a need to have additional safety improvements at intersecions in
the southeast section of Dania.
fhis reglular meetlng was adioumed.
AYOR+OMM IONERMffiron
REGULAR MEETING ,ANUARY 10, 1995L2