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HomeMy WebLinkAbout1994-12-13 Regular City Commission Meeting Minutes (3)mtiluTEs DANIA GtrY COMMISSION REGULAR IIIEETING DECEMBER 13, 1994 tNvocATtoN By REVEREND LEWS, ST. RUTH'S BAprrST CHURCH PLEDGE OF ATLEGIANCE ROLL CALL: Present: City Manager City Attorney: City Clerk: Bob Mikes Bobbie Grace John Bertino Bill Hyde Albert Jones Robert Flatley Frank Adler Wanda Mullikin PRESENTATIONS *Mayor Mikes advised the public that this is the last Regular Commission Meeting that \(anda Mullikin will be attending as City Clerk due to her retirement at the end of this year. He then read the proclamation in its entirety declaring December 21,7994, as "Wanda Mullikin Appreciation Day." Mayor Mikes presented \Wanda Mullikin with a Key ro rhe Ciry and each Commissioner presented their personal comments of appreciation for her dedicated service to the City that has spanned over 26 years. *BSO - Employee of the Month Chief Rick Frey presented Community Service Aide Lesley Vosheka with an "Employee of the Month" award for October for her dedicated and distinguished service that has gone beyond her assigned duties. Chief Frey advised that Commissioner Jones joined District II in conducting a Chiidren's Christmas Party in cooperation s/ith MEBA that included a yacht trip up the intercoastal. He added that food baskets and toys will be delivered by the District to the community for the Holidays. Chief Frey was happy to report that a new civic association is developing in the 1REGULAR TIIEETING DECEMBER 13, 1994 Mayor: Vice Mayor: Commissioners: southeast section and that a Cell !(atch program has been included in the southrvest secrion of the City. Larry Locker, Vice Chairman of FIND, presented the City of Dania with a grant check for $8,OOO relating to action by Dania to conduct a study relating to dredging needs for the Dania Cut-off canal. *9Oth Birthday plaques for the City Commission Mayor Mikes presented 9fth Birthday plaques to each Commissioner commemorating their presence on the Dania City Commission during this event. PULLED FROM THE CONSENT AGENDA Vice Mayor Grace requested item 1.7, Commissioner Benino asked for item 1.2, Commissioner Jones asked for 1.3, 1.4 and 1.6 and Mayor Mikes asked for item 1.5 to be pulled from the Consent Agenda. 1. CONSENTAGENDA A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the Consent Agenda with the exception of items 1.2, 1.3,1.4, 1.5,1.6 and 1.7. 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 1.2 City Attorney Adler read the resolution in its entirety recognizing the accomplishments of Danny McManus and his professional football career. Commissioner Bertino mentioned that the accomplishments of this young person are a direct result of the community programs that were provided to him in Dania. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt the resolution. The motion passed on the following roll call vote, Commissioner Benino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes REGULAR MEEflNG DECEMBER 13, 1994 +Florida Inland Navigation District 2 7.3 Bud Palm, Utilities/Public \W'orks Director, presented the need to purchase a 42" Red Valve Series "TFS" Tideflex Check Valve to handle drainage needs near Meadowbrook Condominium. City Manager Flatley confirmed that the purchase will be paid out of drainage funds for road and bridge needs. A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the resolution approving the purchase of one (1) fony-two inch Red Valve Series "TF2" Tideflex Check Valve manufactured by Red Valve Company, the sole manufacturer of same, from Ferguson Underground, Inc., sole distributor for Red Valve Company in the State of Florida, for the amount of $17,400.00. 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 1.4 Bud Palm, Utilities/Public rVorks Director, recommended the purchase of a self- propelled beach cleaner from Cherrington Corporation in the amount of $59,526.81. Mr. Palm advised that the existing beach cleaner will be utilized as a backup for the new machine and that the new machine cannot be used for any other function. Marie Jabalee, Finance Director, presented information on financing the purchase by bank loan with Family Bank of Hallandale or by a lease-purchase as was done recently with the Fire Department. Mayor Mikes commented on the lack of maintenance that was provided to the old beach cleaning machine and expressed his doubt that this expensive equipment can be propeny maintained. A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to defer the purchase of this equipment to the next workshop meeting in January. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes 1.5 City Attorney Adler read the title of the resolution establishing filing dates and providing for the calling and holding of a primary election in the City of Dania, on Tuesday, February 74,7995, for the purpose of nominating City Commissioners' to be voted upon at the General Election to be held on Tuesday, March 14, 1995. 3REGULAR MEETING DECEMBER 13, 1994 The Commission agreed with City Manager Flatley to change the first regularly scheduled meetings in February and March to the 15th so as not to conflict with the elections. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the resolution establishing the primary and general election dates. The motion passed on the following roll call vote: 1.6 Mike Smith, Personnel Director, mentioned that the City is replacing some old obsolete playground equipment at certain parks with modern equipment that meets current safety standards. Mr. Smith advised that the City cannot sell the old equipment to the general public for liability reasons and that the equipment needs to be declared surplus. The majority of the equipment is decayed wood and the value of the scrap metal on the equipment was estimated at S500.00. City Manager Flatley reponed to the public that the new playground equipment is installed at Mullikin Park and that installations are planned at Chester Byrd Park, Northside Park, Modello Park and the beach. A motion was made by Commissioner Jones, seconded by Commissioner Hyde to adopt the resolution determining that the continued use of cenain personal property is no longer feasible and no longer needed for municipal purposes; and further, declaring said equipment as scrap for disposal purposes. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes 1.7 City Manager Flatley mentioned that the resolution amending the General Fund Budget for the fiscal year 7993-94 rs to cover requested changes by the auditors to close out the City's books and is a normal procedure this time of the year, Funher comments related to the City having a low debt ratio compared to other Cities. A motion was made by Commissioner Benino, seconded by Commissioner Hyde to adopt the resolution amending its General Fund Budget for the fiscal year 1993-94, by making changes between depanment. 4REGULAR MEETING DECEMBER 13, 1994 The motion passed on the following roli call vote 3 4 Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes 2. PROCLAMATIONS 2.1 Proclamation declaring December 27,7994, as " W'anda Mullikin Appreciation Day" was addressed under presentations. BIDS - none PUBLIC HEARINGS 4.1. \flill Allen, Growth Management Director, explained the minor amendments that were needed for the Ordinance providing annual Fire Inspection/Permit Fees and Fire Chief Grammer confirmed that there are no new charges. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the Ordinance amending Sub-paragraph (3), Section 11-46.1, Anicle III, Chapter 11 ofthe Code of Ordinances to provide for Annual Fire Inspection Fees and Section 11-46.2 of said Anicle III of Chapter 11 to provide for the collection of Annual Fire Inspection Fees. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to amend the title to Annual Fire Permit Fees instead of Annual Fire Inspection Fees referencing Section 11- 46.2 of said Anicle III of Chapter 11. The motion passed on the following roll call vote: Mayor Mikes reopened the public hearing on the amendment to the ordinance. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the ordinance as amended. 5REGULAR MEETING DECEMBER 13, 1994 The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes 4.2 Commissioner Hyde recommended adoption of the ordinance providing for the appointment and removal of depanment heads by the City Manager. Commissioner Hyde {elt that the City Manager will be able to function better as an administrator over depanment heads and that the change will allow the City to operate in a more organized and business manner. City Attorney Adler felt that the City Commission still has power in regards to Department Head performance by adopting this Ordinance as the Commission can always fire the City Manager if he is not taking the proper action to fire a Depanment Head who is not doing his j"b. Vice Mayor Grace didn't understand the need for the ordinance since the Chaner has been in effect for a long time and no problems have been encountered with the hiring or firing a Department Heads. Mayor Mikes stressed his mixed feelings on the change and asked the public to come forward with their opinions. Alex Buchsbaum recommended approval of the ordinance based on his own experience working in a corporation. Gloria Daly recommended approval of the ordinance based on her feelings that this will eliminate department heads from negotiating with the Commission and bypassing the City Manager. Hugo Renda stated support of the ordinance. Jay Field urged the Commission to adopt the ordinance to allow City Manager Flatley the opportunity to run the City without interference from the Commission as he felt that the Commission will still have power over the City Manager by their Commission vote. Hearing no funher comments, the Mayor closed the public hearing. Commissioner Bertino mentioned the problem with a City Manager who may have power without Commission approval to bring his own people in whereby getting rid o{ existing employees. Mayor Mikes stessed the need to limit the power given to City Managers. 6REGULAR MEETING DECEMBER 13, 1994 Commissioner Hyde - yes Vice Mayor Grace - yes A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the ordinance amending Subparagraph (b), Section 4, Anicle 3 of Part III of the City Charter to provide for the appointment and removal of Department Heads by the City Manager. City Attorney Adler pointed out to the Commission that the present Charter prohibits City Commissioners from dealing directly with city employees and that the Commission is suppose to deal directly through the City Manager. Vice Mayor Grace didn't feel that there was a problem with the Commission not following Chain of Command. A motion was made by Commissioner Bertino to table this ordinance to the next workshop meeting. The motion to table failed on the following roll call vote: Commissioner Bertino -yes Commissioner Jones - yes Mayor Mikes - no Commissioner Hyde-no Vice Mayor Grace - no Commissioner Hyde-yes Vice Mayor Grace - no The motion to adopt the ordinance failed on the following roll call vote: Commissioner Benino requested again to continue the discussion to the next workshop meeting. 4.3 . \[ill Allen, Growth Management Director, advised that no problems have been encountered with the Ordinance on Home Occupational Licenses and recommended approval. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 7REGUUTR MEETING DECEMBER 13, 1994 Commissioner Benino -no Commissioner Jones - no Mayor Mikes - no Under discussion, Commissioner Bertino felt that language could be included to provide a Chain of Command in the Charter to eliminate Commissioners from going directly to Depanment Heads. He felt that the City Manager should be required to recommend the hiring or firing of the Department Heads at Budget time each year and that the City Manager should not have full authority. Commissioner Jones felt that the Commission was elected to be involved in the decision making and that it should not be left to just one person. A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to adopt the Ordinance amending, retroactive to September 3A, D94, Section 4 of Ordinance No. 06-92 as passed and adopted on the 25th day of February 1992, and amended by Ordinance No. 07-93 as passed and adopted on the 13th day of April, 1993, to eliminate the Repealer Provision therein. The motion passed on the following roll call vote: Commissioner Bertino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Benino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde-yes Vice Mayor Grace - yes Commissioner Hyde-yes Vice Mayor Grace - yes Commissioner Bertino expressed concern that the pension fund may be impacted adversely if several employees choose to take their money out at one time. Marie advised that the employees cannot withdraw amounts that would cause an adverse impact to the plan prior to the five year period and that the City will not be impacted by the option. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt the ordinance providing for a modification in the definition ofthe term "employee"; providing that a member may participate in the Deferred Retirement Option Plan upon attainment of normal retirement date or early retirement date. 4.5 Vill Allen, Growth Management Director, presented the variance request by Thomas Sweeney to allow a 329 sq.ft. addition to the rear of an existing single family residence on a lot with 40'of frontage (60') required and 3,680 square feet of area (6,000 sq.ft. required). Mr. 8REGULAR MEETING DECEMBER 13, 1994 4.4 Marie Jabalee, Finance Director and Plan Administrator for the General Employees' Pension Plan, presented the Ordinance relating to the DROP @eferred Retirement Option Plan) for the General Employees Pension Plan. Marie explained that an employee who has reached retirement age can select the DROP and continue working for a five year period. The City benefits by not having to continue with contributions into the plan at the time the employee starts the DROP and the employee's retirement benefits are placed in a separate fund to accrue interest. Marie explained that the employee benefits by having the lump sum :unount at the end of the five years to assist them in their retirement lifestyle. The DROP is entered into on a voluntary basis and employees cannot change their mind once the option has begun. She cautioned that an employee's retirement benefit would not increase during the five year period by salary increases as their retirement benefit freezes when the DROP is initiated. The motion passed on the following roll call vote: Allen advised that the Planning & Zonirg Board did recommend approval and that no one, to his knowledge in the neighborhood, opposes the request. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to grant VA-18- 94 as requested by Thomas Sweeney for propeny located at 35 SE 1.2 Streer with the condition that rwo trees be planted on the swale area. 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 4.6 \(i11 Allen, Growth Management Director, presented the variance request by St. Ruth's Baptist Church to aliow the construction of a23 1,/4' steeple with an overall height of approximately 47 3/4' Q5'maximum allowed). Mr. Allen advised that the Planning & ZoningBoard recommended approval and that the steeple is expected to improve the neighborhood. Vice Mayor Grace suggested that more landscaping be added to the propeny and the petitioner agreed to include more Oak trees. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to grant VA-30- 94 as requested by St. Ruth's Baptist Church at 145 NW 5 Avenue with the condition that a couple more trees be added in accordance with the City's height requirements. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes 4.7 \7ill Allen, Growth Management Director, presented the variance request by Joy Bailey to allow an addition to an existing single family residence on a 1ot with 45' of frontage (60' required) and 5,625 sq. ft. of lot area (6,000 sq.ft. required). Mr. Allen advised that the Planning & Zoning Board recommended approval ofthe variance but that an adjoining property owner protested based on City policy for minimum frontage of 50' and no hardship being displayed. 9REGULAR MEETING DECEMBER 13, 1994 Commissioner Bertino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde-yes Vice Mayor Grace - yes Mayor Mikes opened the public hearing. Joy Bailey requested approval o{ the variance based on the upgrade that will be provided to her property. Penny Schick, 319 NE 2 Avenue, ob.jected to the variance request because the petitioners will be renting the home and since the lot is only 45' the addition will be too close to her property line. Commissioner Bertino clarified that the petitioner has met more than the requirement on the distance between the two properties because the requirement is only 7' from the lot line and this addition will be 7'10" from the lot line. Propeny owners Tom Jones and Gary Forbus were in agreement based on an)'thing being an improvement to the property. Hearing no further comments, the Mayor closed the public hearing. Mayor Mikes recommended to include 50o/o landscape screening on the front and two palm trees on the waterfront side ofthe subject propeny to enhance the neighborhood. Ms. Baily generally agreed with the Commission. A motion was made by Commissioner Jones, seconded by Commissioner Bertino to approve VA-31-94 as requested by Joy Bailey for propeny at 321 NE 2 Avenue to allow an addition to an existing single family residence on a lot with 45' frontage (60 required) ard 5,625 sq. ft. of lot area (6,000 sq. ft. required) subject to a landscaping plan for the front being approved by \flill Allen, Growth Management Director, and two palm trees added on the waterfront side of the property. The motion passed on the following roll call vote: Doug Snyder, Architect for Jeff Falkanger & Associates, explained that the public hearing requests are for the construction of a nevr Hertz Rent-a-car facility including storage, service and repair. Mr. Snyder explained the project that will utilize 77.749 acres on the east side of NE Z Avenue. REGULAR MEETING 10 DECEMBER 13, 1994 4.8 City Attorney Adler presented the requests by Jeff Falkanger & Associates, Inc.; Owner - Christine Vitola for property located on the east side o{ NE 7 Avenue adjacent to the Federal Self Storage Building and zoned IRO that includes public hearings for LUF-32-94, SE- 33-94 and two parts to VA-34-94. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve LIJF-32-94 to allow a commercial use (car leasing, storage, service and limited repair) within an area designated as Employment Center in the Dania Comprehensive Plan as requested by Jeff Falkanger & Associates, Inc. and owner, Chrstine Vitola. The motion passed on the following ro11 call vote: CommissionerBertino-yes CommissionerHyde-yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes (B) Special Exception (SE-33-9a) \7ill Allen, Growth Management Director, presented the special exception for a car leasing facility that will include storage, service and repair for property in the IRO zoning district. He stated that the Planning & Zoning Board found the request to comply with criteria for reviewing special exceptions in Sections 6.40 , 70.72, and 16.40-1.6.70 of the Zoning Code since the use is compatible with adjoining development which includes a mini-storage building and vacant land near the airport. Mr. Allen added that Parcel A of the NISA Plat is restricted to a 310 room hotel and a delegation request has been filed to allow 13,804 sq. ft. of commercial use on both Parcel A & B ofthe NISA Plat. The delegation request cannot be heard until the City of Dania reviews the development plan as submitted. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed rhe public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Jones to approve SE-33-94 lor a car leasing facility including storage, service and repair for a period of 12 months from issuance of the building permit. REGULTAR MEETING 11 DECEMBER 13, 1994 (A) Land Use Flex (LUF-32-9a) \ilill Allen, Growth Management Director, explained that the request is to allow a commercial use within an area designated as Employment Center in the City of Dania Comprehensive Plan. The car leasing facility is determined to be an Employment Center use provided that the combined land area does not exceed twenty percent of the land in a flexibility zone. Mr. Allen advised that the Planning &. Zoning Board recommended approval of the commercial use as it is compatible with the uses listed as being permitted in the Employment Center designation. The motion passed on the following roll call vote: CommissionerBertino-yes CommissionerHyde-yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes (C) Variance(VA-34-94) (1)1will Allen, Growth Management Director, advised that Chapter 25, Section 25-48 "Vegetation" requires no more than 12 parking spaces in a row without a landscape island and the variance is requested to allow 26 parking spaces. The Planning E< Zoning Board approved the variance request by a 4-0 vote and the landscape plan meets the requirement for total number of trees. Mr. Allen explained that the trees have been placed where they are more visible to the public near NE 7 Avenue rather than in the car storage rows. He mentioned that the petitioner indicated the possibility of adding landscaping to the large green space between NE 7 Avenue which is owned by Broward County. Mr. Snyder mentioned that they desire to bring their motor vehicles as close to the Customer Service Building as possible by decreasing the finger islands between parking spaces and increase the rest of the green areas. He pointed out that they are purchasing the large green area to the east located in Parcel C ofthe Pon Everglades Commerce Center as pan of the site but they will never build on it because it is all mangroves. Mr. Snyder explained that the clear zone area that is buffering between their project and 7th Avenue belongs to Broward County and that they are currently negotiating a maintenance license to landscape the area to conform to the rest of their property. Mayor Mikes opened the public hearing. Hearing no one comment on 4.8 (C) 1, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve 4.8 (C) 1 to allow 26 parkingspaces without a landscape island (12 parking spaces required) with the condition that a "ltr7elcome to Dania" sign be added. 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 A) \flill Allen, Growth Management Director, advised that the City Code permits an area of 100 sq. ft and height of 20' for a pole sign in the IRO zoning district and that the petitioners are requesting a variance for a sign with an area of 200 sq. ft. and a height of 4O'. The Planning & Zoning Board recommended to approve the 40' height request but did not recommend to exceed the 100 sq.ft. of area permitted by the Code based on concern that a REGULAR MEETING a2 DECEMBER 13, 1994 Commissioner Hyde-yes Vice Mayor Grace - yes Mr. Snyder explained that the 200 sq. ft. of area is needed for the pole sign based on rhe sire being located east of Federal Highway with visibility to the site impaired by "Mt. Dania" as well as frontage roads, landscaping and ramps onto I-595 and access roads to the airpon. Mayor Mikes opened the public hearing Jay Field mentioned that the sign, landscaping or building for this project will not affect the clear zone designated by the airport. Mr. Allen advised that he has a letter from the Broward County Aviation Depanment stating that the structures are within the height limits allowed by the FAA. Hearing no funher comments, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to approve 4.8 (C) 2 to allow a pole sign 40' high (20 allowed) with 200 sq. ft. of area (100 sq.ft. allowed) with the condition that vertical landscaping be added to the base ofthe sign to soften the affect that will be approved by \fill Allen, Growth Management Director. \i/ill Allen advised that the third section relating to the two wall signs was left offthe agenda and the Commission agreed to continue this to the next meeting. The motion passed on the following roll call vote: 5. SlrE PLANS 5.1 Mr. Snyder, Jeff Falkanger & Associates, Inc., presented the proposed site plan for a car rental facility for Hertz located at the east side of NE 7 Avenue ad)acent to the Federal Self Storage building and zoned IRO. \(zill Allen, Growth Management Director, explained that the proposed site plan entails 17.749 *cres with 13.328 acres north of the existing Federal Self Storage Building on NE 7 Avenue and 4.427 acres south of the same building. He advised that the Planning & Zoning Board recommended approval of the site plan. REGULAR MEENNG 13 DECEMBER 13, 1994 comprehensive focus needs to be made on signage directing attention to the area east ofthe airport. Mr. Allen advised that there is also a request for two wall signs; 60 sq. ft. wall sign on the north elevation of the building and a wall sign on the west elevation which is proposed to be 110 sq. ft. Commissioner Bertino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Benino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Bertino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde-yes Vice Mayor Grace - yes Commissioner Hyde-yes Vice Mayor Grace - yes In response to Commission concerns, Mr. Snyder advised that the plat meets traffic concurrency requirements and that the irrigation plan will be capable of connecting into a future gray water system. Mr. Allen recommended the Commission consider having a directory sign installed on Federal Highway in the future to help the businesses in the area. Mr. Snyder agreed to contribute a portion of the cost for such a sign and Mayor Mikes advised that other businesses in the area would be expected to contribute in the future. A motion was made by Commissioner Benino, seconded by Commissioner Jones to approve SP-36-94 for a car rental facility for property located on the east side of NE 7 Avenue adjacent to the Federal Self Storage building as requested by Jeff Falkanger & Associates, Inc., Petitioner, and owner, Christine Vitola with the condition that the petitioner will suppon a directory sign in the future and that a "$0'elcome to Dania" sign be added as previously mentioned. The motion passed on the following roll call vote, 5.2 Mr. Kaller, Joseph B. Kaller, Associates, representing Enzo Apa, came forward to request site plan approval for an addition to the east of the existing structure vihich is used for a commercial establishment selling coffee produ$s. \7ill Allen, Growth Management Director, recommended approval of the addition since six existing structures are proposed to be demolished that were used as motel units. The proposed building would total 72,,298 sq. ft and be used for retail and office type uses including the existing coffee equipment sales and office tenants. Mr. Allen advised that the Planning & Zoning Board recommended approval as the request conforms to all applicable requirements of the City Code. A motion was made by Commissioner Hyde, seconded by Commissioner Benino to approve SP-29-94 for an addition to the commercial building at 212 North Federal Highway as requested by Joseph B. Kaller Associates, Petitioner, and Enzo Apa, owner for a period of 12 months from the time the building permit is issued. REGULAR MEETING L4 DECEMBER 13, 1994 The motion passed on the following roll cali vote: 5.3 Don Fisher, Architect, representing Ali Hussaim, owner, presented a site plan for a Dunkin Donut Shop at the Northv/est corner of Federal Highway and S]$7 6 Srreet Mr. Fisher explained that Mr. Hussaim has six other store locations that will be serviced from this location and that the building includes a drive-through window. Mr. Fisher agreed to include three sable palm trees on the corner instead of the two proposed and to reduce the 17 parking spaces to 16 so that landscape berms could be added to the corners. Funher discussion followed on the Dunkin Donut canopy that will be used and the lighting. A motion was by Commissioner Hyde, seconded by Commissioner Bertino to approve SP-38- 94 for a Donut Shop at the Northwest Corner of Federal Highway and S\00 5 Street with the conditions that 3 Sable Palms be used and staggered, to reduce parking to 16 spaces so one space can be split for two corner berms, and no delivery vehicles be parked overnight. Commissioner Benino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde-yes Vice Mayor Grace - yes 6. CITIZENS'COMMENTS 6.1 Gloria Daly took a few moments to express her appreciation to the assistance received over the years from W'anda Mullikin, City Clerk, and wished her well on her retirement. Ms. Daly mentioned an article that was written in the Miami Herald on December 4 regarding Mayor Mikes' comments relating to his delay to reappoint Veta Mae Peterman to the Housing Authority. Ms. Daly updated the Commission on the current status of Housing Authority members and quoted Florida State Statute 4.21.05 stating that vacancies on the Housing Authority are to be filled within 60 days. She asked Mayor Mikes to reconsider the reappointment of Veta Mae Peterman for another four year term and to swiftly appoint someone else to replace the vacancy created when Barbara LaMarsh resigned last year. The Commission agreed to comment on this issue under their Commission Comments. 7. EXPENDITUREREQUESTS 7.1 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the invoice in the amount of $1,493.50 submitted by Bailey Hunt Jon6s & Busto for airport related services. The motion passed on the following roll call vote: CommissionerBertino-yes CommissionerHyde-yes Commissioner Jones - no Vice Mayor Grace - no Mayor Mikes - yes REGULAR MEETING 15 DECEMBER 13, 1994 The motion passed on the following roll call vote: 8. DISCUSSION AND POSSIBLE ACTION 8.1 Bud Palm, Utilities/Public u0'orks Director, explained the need ro construcr new water lines (5") along SE 2 Street. He advised that property owners were given six months ro connect and that no hook up fees were imposed. 8.2 Dan Oyler, City Planner, reported that the lighting for Modello and Meli Park has been advertised and are expected to be received on January 17. He mentioned that nothing has been done with the dock on NW' 14 Avenue as it was not included in the budget. He stated that Coastal Technology has submitted a proposal for the design, permitting, bid documents and specifications for $3500 which could come from the engineering account and that the dock is expected to cost around $10,000. Mr. Oyler advised that there does not appear to be any grant funds available at this time and that there may be a possibility through FIND in March.. City Manager Flatley advised that $35,000 is needed for the lighting and $13,000 for the dock and that this could come from the $5O,O0O reserve from last year. Mayor Mikes felt that a workshop meeting should be scheduled to discuss the use of these funds based on other projects needing attention. City Manager Flatley requested the Commission to approve his letter dated December 6 that was sent to Steven L. Jossias opposing the County Commission's new proposed conceptual plan for EMS. The Commission ratified the December 5 letter written by City Manager Flatley. 8.4 City Manager Flatley reminded the public of the proposal that was presented on November 15 by FAU and Aragon on the proposed use of Seafair site. He advised that the Negotiating Committee (Ed Houston, John DeVries, Will Allen, Frank Adler, Mike Smith & City Manager Flatley) suggests a counter proposal requiring one-half of whatever Steve Snyder receives from FAU. The amount would be around 1.4 million dollars for Steve Snyder to buy out the remaining 18 years on the current lease payments and that half of Steve Snyder's deal with FAU should be around two million dollars. Mr. Flatley recommended to invest the two million in Treasury Notes that are currently payingT.So/o which would return $150,000 every yea:. for 18 years. REGUUTR MEETING 16 DECEMBER 13, 1994 8.3 Fire Chief Grammer explained that Dania adopted a Resolution on November 8 supporting the rights of municipalities to establish and operate Advanced Life Suppon (ALS) Emergency Medical Service Systems within municipal Fire Rescue Depanments. The City of Dania is now joining seven cities seeking legislative relief from the requirements to obtain a Cenificate of Public Convenience and Necessity from the Board of County Commissioners for delivery of advanced life suppon transport emergency medical services. Commissioner Benino -yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde-yes Vice Mayor Grace - yes Mayor Mikes opposed the idea of taking any action on this issue without a public hearing in full view of the citizens of Dania. City Attorney Adler clarified that the Committee is only asking for approval to negotiate along the lines as explained by City Manager Flatley. Mayor Mikes felt that the Seafair proposal should be placed on a straw ballot in time for the upcominB elections so that citizens can express their opinions. A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to direct City Manager Flatley to pursue funher negotiations with the counter proposal with FAU and Steve Snyder and bring back to the City Commission. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to extend the Commission Meeting. The motion passed unanimously. 9. APPOINTMENTS 9.7 Commissioner Hyde appointed Kathryn Fritz and Commissioner Jones reappointed Lucy Williams to the Airport Advisory Board. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to approve the appointmenm to the Airport Advisory Board. The motion passed unanimously. 9.2 Appointment to the Unsafe Structures Board was continued to the next meeting. 9.3 Appointment to the Downtown Redevelopment Agency was continued to the next meering. 9.4 Vice Mayor Grace appointed Diane Curry and Jim Prescott to the Cultural Affairs Committee. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the appointments to the Cultural Affairs Committee. The motion passed unanimously. 9.5 Mayor Mikes continued his appointments to the Dania Housing Authority to the next meeting. Commissioner Jones suggested that the Mayor consider Jimmy Peterman for appointment to the Housing Authority and the Mayor agreed to think it over. REGULAR MEETING L7 DECEMBER 13, 1994 The motion passed on the following roll call vote: Vice Mayor Grace expressed her dissatisfaction with the Mayor for not appointing Veta Mae Peterman. 9.6 City Attorney Adler advised thar Rusty Sloan has expressed desire to serve on rhe Code Enforcement Board. City Clerk Mullikin advised that the appointment is for an Architect or in lieu of an Architect and that the Commission as a whole must appoint the member. The appointment to the Code Enforcement Board was continued to the nexr meeting. 10. ADMINISTRATIVEREPORTS 10.1 The Commission agreed to cancel the December 20 Vorkshop Meeting. 10.2 City Manager Flatley advised that the Coastal Council of Cities Meeting has been rescheduled for Friday, December 1,6, 1994 at (10. a.m.) and that an Employee Holiday Party is scheduled on December 28, 1994 at (7:00 p.m.) at the I.T. Parker Center. A',. COMMISSIONCOMMENTS Commissioner Bertino thanked Wanda Mullikin for her dedication to rhe City and wished everyone a Happy Holiday. 11.2 Commissioner Hyde Commissioner Hyde thanked Wanda for her assistance during his time on the Commission. He stated that Mike Lynn, Director of the Housing Authority, is doing a good job and that he has no problem with the way the Housing Authority is operating.. 11.3 CommissionerJones Commissioner Jones expressed condolences to the Dean family for their recent loss. He mentioned the positive results with being involved in the Christmas ride on the AMOS (American Meritime Officer's Ship) that was for less fonunate children. REGULAR MEETING 18 DECEMBER 13, 1994 11.1 CommissionerBertino Commissioner Jones asked City Manager Flatley to include discussion of the 14th Street Park on the next workshop in January and commended the effons being made by staff members at the Housing Authority. ll.4 Vice Mavor Grace Vice Mayor Grace expressed appreciation to those who were involved with distributing 50 food baskets to families at Thanksgiving and thanked Mrs. Sterling Collins for being the key note speaker for her at the recent "Christmas in the Park" at Modello Park. Vice Mayor Grace expressed dissatisfaction with the way the item regarding the City Manager hiring and firing Depanment Heads was presented at tonight's meeting. 11.5 Mayor Mikes Mayor Mikes suggested to have the shore end of the pier graffiti coated and City Manager Flatley advised that costs are being obtained from the contractor. He felt that speed enforcement could be initiated on the Dania Cut-off Canal since signs have been posted and that there is a need to clean and paint the beach parking meters. Funher comments related to a letter from Broward County on the Trail's End Trailer Court as it relates to a City ordinance securing vacant properry. City Manager Flatley confirmed that an appraisal is being obtained on the Seafair property. Mayor Mikes commented on his frustration with the lack of pressure placed on Steve Snyder over the years to develop Seafair and the Commission's responsibility to ensure that a fair deal is obtained from FAU proposal. Mayor Mikes mentioned that the Housing Authority is operating better based on his action to appoint individuals who are community minded. This reg[ular meetinEl adioumed. MAY IONER CITY CLERK.AUDITOR 7 /,1- REGULAR MEETING 19 DECEMBER 13, 1994