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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