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HomeMy WebLinkAbout1994-03-22 Regular City Commission Meeting MinutesMINUTES DANIA GITY GOMIUIISSION REGULAR MEETING MARCH 22, 1994 novorcnd Pope commended Bobbie Grace for her performanco durlnEl her tenuls as ilayor of Danla. INVOCATION BY REVEREND POPE PLEDGE OF ALLEGIANCE Mayor Mikes commended Commissioner Grace for her outstanding performance as Mayor this last year. He explained to the audience that the Commission must conduct an Organizational Meeting at this time to confirm his position as Mayor and that the Commission must vote on who will be Vice Mayor. Mayor Mikes asked the commission to submit their nominations. A motion was made by Commissioner Grace to nominate herself as Vice Mayor, seconded by Commissioner Hyde. Commissioner Jones nominated himself as Vice Mayor. Commissioner Benino stated his opinion that since the Vice Mayor automatically becomes Mayor that the Mayor should automatically revert to Vice Mayor for continuity reasons. Commissioner Jones stated his feelings that since he was the third highest vote getter in the last election that he should have an opportunity for the Vice Mayor seat. The motion to appoint Bobbie Grace as Vice Mayor passed on the following roll call vote, Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - no Comrnissioner Grace - yes Mayor Mikes - yes Mayor Mikes advised that presently the Chaner provide that in an Election year the highest vote getter automatically becomes Mayor and the runner up becomes Vice Mayor for one year. The yea,r between elections, the Vice Mayor automatically becomes Mayor and the Commission must vote on who becomes Vice Mayor for one year. lREGULIAR MEETING MARCH 22, L994 ROLL CALL: Present: Mayor: Vice Mayor: Commissioners: City Manager: City Attorney: City Clerk: Bob Mikes Bobbie Grace John Bertino Bill Hyde Albert Jones Robert Flatley Frank Adler Wanda Mullikin PRESENTATrcNS. *Mayor Mikes read the proclamation recognizing Irving and Vivian \tr(arman for their outstanding contributions to the City of Dania and declaring March 31, 1994, as "VARMAN APPRECIATION DAY" Mayor Mikes mentioned that the Warman's are moving to a retirement community outside of Dania and presented them with a plaque. Mr. Irving Warman mentioned that he and his wife have resided in Dania for 16 years. He expressed appreciation for the many friends that they made over the years and commended Dania for having that hometown atmosphere. Commissioner Jones mentioned his friendship with the $7'armans over the years and wished them well in their new home. Funher comments were made regarding the 'Warmans' efforts to help school children at Collins and Dania Elementary Schools and their outstanding performance on behalf of the community. *Commissioner Jones read a resolution recognizing Addie Green-Brown's 85th binhday and Mildred Jones, Commissioner Jones' mother, came forward to commend Mrs. Green-Brown for promoting family values. MAYOR MIKES ADDED THE RESOLUTION FOR ADDIE GREEN-BRO\TN TO THE CONSENT AGENDA AS ITEM 1.12 AND ADDED THE \TARMAN PROCLAMATION LINDER ITEM 2.1. ITEM 8.6 \TAS HEARD AT THIS TIME REMOVED FROM THE CONSENT AGENDA Commissioner Hyde asked for item 1.4 and 1.5 and City Manager Flatley asked for 1.6, 7.7 and 1.9 be pulled from the Consent Agenda. 2REGULAR MEETING MARCH 22, L994 1. CONSENTAGENDA A motion was made by Vice Mayor Grace, seconded by Commissioner Hyde to approve the Consent Agenda with the exception of items 1.4, 1..5,1.6, 1.7 and 7.9. 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 1.4 Attorney Ed Cunis presented the recent draft of the Interlocal Agreement and explained the last minute changes that were negotiated bet'ween Staff and the County. Mayor Mikes explained to the public that the County Interlocal Agreement deannexes some of Dania's jurisdictional properties east of Federal Highway near the airpon; particularly the new South Runway expansion area. In exchange for the loss of these undeveloped lands, the County is trading some other properties that are undeveioped and developed in Marina Miie and Pon Everglades and replacing impact fees for infrastructure for water and sewer lines. Mayor Mikes stated concern for Dania giving their jurisdictional powers over to the County in the DRI process and stressed the need to pursue the DRI process to see if the County can be forced to choose other runway alternatives. He expressed his opinion that there would be less of an environmental or human impact if the County chose the North Runway option and not the proposed South Runway project. Attorney Earl Gallop provided information or the 1972 Environmental Land and Water Management Act which provides local governments with jurisdiction over Developments of Regional Impact by giving them power to issue a Development Order. Mr. Gallop said that the City has the option of presenting evidence concerning reasonable alternatives or evidence that there is no justification or need for the South Runway expansion to the Regional Planning Council in the DRI Process. Mr. Gallop expressed his inability to guarantee the best option for the City on choosing the Interlocal Agreement or pursuing the DRI process. He advised that the Interlocal Agreement does achieve benefits as good as any other community in the United States whose residents are impacted with airpon expansions with similar statutory rights. He clarified that the City takes a risk of losing some of the provisions in the agreement if the Interlocal Agreement is not accepted. If litigation is pursued, the deannexation and annexation of lands covered in the Interlocal Agreement that provides a financial base for the City will most likely be lost and would not be a proper subject of the DRI review. He did offer some hope of doing better through the DRI Review Process but wanted to point out that there is significant risk in doing so. Attorney Curtis stated his opinion that the North Parallel alternative is a credible alternative to pursue in the DRI process and that the current draft of the Interlocal Agreement is the best that can be expected though negotiations. 3REGULAR MEETING MARCH 22, L994 Commissioner Bertino confirmed that the Interlocal Agreement provides the City with an estimated $126,000 per year which is the difference in the tax base between two parcels of property in the land swap, roughly a one million dollar payment to the City for infrastructure for water and sewer lines, and roughly $150,000 next year for road improvements. The agreement provides airstrip and aircraft restrictions and sound monitorinB systems to be installed that the City can challenge. His only problem was rhe loss of control that the City has over mitigation in the agreement. City Manager Flatley explained that staff made many effons to convince the property owners of Yacht Haven to voluntarily annex into Dania which would have provided $5,000 a year in tax base and that the City lost this property to Fort Lauderdale. In response to Commissioner Benino's concerns regarding mitigation, Mr. Flatley felt that the Interlocal Agreement provides the City with control over the mitigation and provides for both parties to go through the American Arbitration Association to resolve conflicts. Mayor Mikes mentioned that although there is language in the agreement regarding mitigation that there will not be any mitigation for years because the airlines do not want to expend funds for mitigating residential impact at the airpon and that the County is going to wait as long as possible before they impact any of the neighborhoods. Once the runway is built, it will be almost impossible to sell a home with the mitigation language in the Agreement. He encouraged Purchase Assurance Programs to be provided for a better resell market in the residential neighborhoods. If the County could be forced to the North Runway alternative, Dania would still maintain a viable third of the City. Funher comments related to the vicinity planning in the agreement extending all the way to Stirling Road which could mean that two-thirds of City will eventually be impacted. Jay Field, Chairperson of the Airport Advisory Board, advised that a motion was made by the Board to approve the draft of the Interlocal Agreement and that the motion to approve failed by a vote of 7 to 3 at the last Airport Advisory Meeting. Chairperson Field presented the following board concerns in the Interlocal Agreement: "The board feels that single event levels should be included in the Interlocal Agreement instead of the 65LDN to determine noise mitigation. Mr. Field explained that the LDN method is a computer generated noise average and that it would take hundreds of airplanes on the South Runway to place a 55LDN line into the Melaleuca Gardens area. Each airplane in Melaleuca would probably generate over 100 DB to the homeowners to the south of the Cut-off Canal and to Ravenswood south of Griffin Road. The Board is concerned that the runway is going from a general aviation runway to an air carrier runway which can generate tremendous noise affects; *The board is concerned that there is a lack of defined peak hours for IFR and other forms of mitigation; *The board feels that the City needs more than a 45 dry response period to submit a counter mitigation plan; *The Board is concerned with the wording "airpon related uses" in the agreement relating to restrictions on the 106 acres of propeny in Ravenswood; 4REGULAR MEETING MARCH 22, 1994 *The board feels that there is a need for definition of the vicinity plan; +The Board felt that there was a general vagueness in the agreement; *The Board feels that very little has been accomplished during the negotiations with the County these past months for the large amount of money that has been spent in attorney fees; +The Board disagrees with the wording that the City will support the County in the preparation and approval of the Master Plan Update and Part 150 Study for the Airport. Discussion followed with Attorney Gallop relating to whether the City can stop the airpon from expanding through the DFJ and the Appellate Court process. The Commission presented their individual opinions and Mayor Mikes opened the floor for public comment. Cliff Iacino, Airpon Advisory Board, stated his opinion that funding will be difficult for the County to obtain for the project and that the City's power lies in delaying the County through legal action. He encouraged the City to pursue the fight, to pursue the purchase of the dry lots through a purchase assurance program and to salvage the water lots in Melaleuca Gardens. Alex Buchsbaum, President, Griffin Civic Association, felt that the capacity projections for future expansion that are provided by the County Consultants are not realistic and that the South Runway alternative is far more expensive than the North Runway alternative. He felt that the City should continue to fight the airpon based on true facts and to stop negotiating. Victor Lowman stressed the need to hear from the people who are being impacted by the airpon expansion in making a decision to pursue litigation or settlement by holding a referendum vote. An unidentified person encouraged the Commission to pursue litigation against the runway expansion based on rhe need to take a stand to proted the residents who will be impacted greatly if the South Runway is built and encouraged to push the North Runway alternative. Vito Mancino commended the Commission and City Manager for their gallant efforts to fight the runway expansion and encouraged them to pursue settlement. Judy Usifer reassured the Commission and City Manager that the majority of the citizens in Dania feel that strong effon has been made by the City to fight the expansion project and that there is a need to resolve this costly litigation by accepting the Interlocal Agreement. rVinnie Lowman encouraged the Commission to continue with the litigation in an effon to proted the residents. Ian Richter questioned the financial gain to the City in the land swap issue listed in the Agreement and asked for clarification on the noise restrictions. He felt that the City needs national amention based on the fact that the runway expansion is not necessary and encouraged the Commission to stand firm. 5REGULAR MEETING MARCH 22, 1994 Pat Sullivan encouraged the Commission to force the County to spend the money to purchase the homes that will be lost in Melaleuca Gardens and not to back down in the fight. Joe Bailey stressed the need for the people to remain united in the fight against the expansion. Stacey Lugy encouraged the Commission to continue the fight to protect the homeowners. Connie Van Dyke reminded the Comrnission of the people in the Griffin Road area who become a pan of Dania in the annexation bill three years ago and the Commission's responsibility to protect those residents. Hugo Renda felt that the noise impact will ruin neighborhoods and industry in Dania and encouraged the litigation to stop the expansion. Bill Davidson mentioned the need for the Commission to protect the homeowners by not selling out and not to under estimate the power of the people. Mayor Mikes asked for a show of hands from the audience on whether the City should pursue litigation or accept the Interlocal Agreement. Mayor Mikes made a motion, after passing the gavel, to deny the Resolution approving the Interlocal Agreement pertaining to expansion and jurisdiction of Fort Lauderdale/Hollywood International Airport, seconded by Commissioner Hyde. The motion passed on the following ro11 call vote: Commissioner Bertino - yes Commissioner Jones - no Mayor Mikes- yes Commissioner Hyde - yes Vice Mayor Grace - no 1.5 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to deny the resolution approving an act relating to Broward County; establishing purpose and intent; providing for the annexation of certain lands located in unincorporated Broward County into the cities of Dania and Fon Lauderdale upon certain terms; deannexation of certain lands presently located within the municipal boundaries; providing for jurisdiction of the Fort Lauderdale/Hollywood International Airpon.; providing for land use considerations. The motion passed on the following roll call vote Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - no Vice Mayor Grace - no Mayor Mikes - yes 6REGULAR MEETING MARCH 22, A9g4 An unidentified resident encouraged the Commission to continue with the defense tactic that was used in Denver by holding up the expansion which is costly to the County. An unidentified person encouraged the Commission to pursue litigation. MAYOR MIKES RECESSED THE MEETING FOR FIVE MINUTES 7.6. a,nd 1.7 - No action was taken on these resolutions since the Interlocal Agreement in item 1.4 was denied. 1.9 At the request of City Manager Flatley, a motion was made by Commissioner Hyde, seconded by Commissioner Bertino to continue to a workshop meeting the resolution approving pre-annexation agreement between City of Dania and Charles V. Herdman. 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 ITEM 4.1 NTAS HEARD AFTER THE CONSENT AGENDA 2. PROCLAMATIONS 2.1 The proclamation for "Warman Appreciation Day" was read under Presentations. 3. BIDS - none 4.1 Mayor Mikes opened the public hearing on the ordinance repealing Section 1 and Section 2, Article 2 of Part III of the City Charter to eliminate the provision in conflict thereof relating to the seleoion of the Mayor and Vice Mayor. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Bertino expressed his opinion that there should be an amendment to the Charter to make it automatic that the Mayor and Vice Mayor swap positions to retain continuity. Commissioner Jones disagreed with Commissioner Benino's sugBestion based on the need for each Commissioner to have an opportunity to serve in the positions. City Attorney Adler explained that the ordinance tonight is .iust clearing up a conflict in Section 1 and 2, Arcicle 2 of Part III of the City Charter. A motion was made by Commissioner Benino, seconded by Commissioner Hyde to adopt the ordinance on second reading. REGULAR MEETING 4. PUBLIC HEARINGS - 7 MARCH 22, L994 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 4.2(a) and (b) A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to continue to a workshop meeting the ordinance amending in its entirety that portion of Chapter 26 of rhe Code of Ordinances of the City entitled "Vegetation" and the resolution establishing tree removal license fees for Chapter 26, Anicle [I of the Code of Ordinances. For the benefit of the audience, Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 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 ITEM 7.1 \TAS HEARD AFTER ITEM4.2 5. CITIZENS'COMMENTS - none 7. EXPENDITUREREQUESTS Addendum 7 .1 City Attorney Adler stated that the title of the resolution authorizing the City Manager to purchase the defibrillator for the Fire Department needs to include the item identification and that the equipment will be purchased from the Palm Beach Community College bid. Chief Grammer advised that the defibrillator was stolen from one of the department's rescue trucks and that the bid price is $2,000 less. A motion was made by Commissioner Benino, seconded by Vice Mayor Grace to adopt the resolution authorizing the purchase of the Defibrillator for the Fire Depanment. 8REGULAR MEETING MARCH 22, a994 6. SITE PLANS - none 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 8. DISCUSSION AND POSSIBLE ACTION 8.1 Mayor Mikes continued the status report for the Airpon Advisory Board until the next regular meeting on April 12, 1994. 8.2 \(ill Allen, Growth Management Director, presented the request to renew the Auctioneer's license for Sheila Gross at 45 South Federal Highway. Mr. Allen advised that landscaping improvements have been addressed and that the back portion ofthe business is used for a day care center. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to grant the one year renewal on rhe Audioneer's License for Sheila Gross with the condition that the petitioner comply with landscaping requirements. The motion passed on the following roll call vote: 8.3 A motion was made by Commissioner Benino, seconded by Commissioner Jones to grant the one year renewal on the Auoioneer's license for Bruce Kodner at 11 South Federal Highway. 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 8.4 Will Allen, Growth Management Director, advised that BSO has not encountered any problems over the past year with the Sonja Evans palmistry business and that staff has no problem vrith the renewal. Commissioner Bertino mentioned that he has received citizen complaints that multiple families are living in some of these businesses and felt that Code Enforcement should check into this. Commissioner Hyde asked that there be a written report provided for this item at the next meeting. 9REGUI.AR MEETING MARCH 22,L994 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to continue the renewal of Palmistry/Fortuneteller's license for Sonja Evans d/b/aMs.Kay rt 537 South Federal Highway to the next regular meeting of April 12, 1994. 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 8.5 Vice Mayor Grace corrected the agenda wording announcing the community meeting for '$flednesday, March 30 (2,30 p.m.) to discuss law enforcement issues for the City of Dania not .iust the Northwest section of Dania. Vice Mayor Grace mentioned that the meeting will address dissatisfaoion with BSO's enforcement of the City's ordinances and will allow citizens an opportunity to express their concerns. City Manager Flatley advised that the Monkey Film will show at City Hall on March 29rh. 'fhe City Commission workshop that was suppose to be scheduled on March 29 will be continued and the March 30 workshop will discuss the law enforcement issues. G) The report from Laura Piccolo was addressed under Presentations Charles McElyea introduced the Vice President of Governmental Affairs, Laura Piccolo, and advised that she would be presenting a monthly report to the Commission on the Dania Chamber of Commerce activities. Laura Piccolo presented the following Chamber of Commerce report: - 22 new members since January 1, 1994; -Poster Map is 75olo complete and planned for May completion; -Business Expo is planned in May at the DCOTA; -Normal monthly events; the business card exchange, networking and social event will be held at the Homeplace on March 31 from 5:30 - 7:00 p.m.; -Monthly Breakfast Meeting is April t+ at 8:00 a.m. at the Sheraton Design Center Hotel. -Small Business Week Seminar, sponsored by the Broward County Council of Chambers, FAU and FIU and the Small Business Development Centers, will be held onMay 7 at the Sheraton Design Center Hotel. -Three group health insurance plans are available for members. -Golf Tournament is planned for June -The Chamber will be involved in the City's gOth Binhday Celebration. Charles McElyea, President of the Dania Chamber of Commerce, advised that 22 new members have already been secured since he began his presidency and mentioned his desire to keep the Commission informed on Chamber events. REGULAR MEETING 10 MARCH 22, 1994 8.6 Dania Chamber of Commerce (b) \7AS HEARD AFTER rTEM 8.5 City Manager Flatley mentioned that it was his understanding that revenues received from bus benches would continue to be disbursed to the Chamber of Commerce and that each budget year the Commission will review additional revenue disbursement to the Chamber on a project by project basis. Mr. Flatley advised that the first check received is in the amount of $624.00. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to pass revenues received from the bus benches onto the Chamber of Commerce. 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 Commissioner Bertino requested to include the Chamber Repon under Presentations on the agenda. 9. APPOINTiIEilTS 9.1 Appointments for the Airpon Advisory Committee were continued to the April 72, 1994, reg:lar meeting. 9.2 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to reappoint Hugo Renda and Raymond Lair to the Civil Service Board. The motion passed unanimously. 93 A motion was made by Commissioner Benino, seconded by Commissioner Hyde to appoint Arthur Coachman and William Sargent to the Code Enforcement Board. The motion passed unanimously. 9.4 A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to appoint Commissioner Bertino as Chairman to the Downtown Redevelopment Agency. The motion passed unanimously. 9.5 A motion was made by Commissioner Benino, seconded by Commissioner Hyde to reappoint Merita Mitchell to the Human Relations Board. The motion passed unanimously. 9.6 Vice Mayor Grace recommended to consider disbanding the Industrial Advisory Board as no meetings have been held for this board in a very long time. The Commission agreed to continue this issue to a workshop meeting. 9.7 The appointments were continued to the next meeting for the Marine Advisory Board. REGULAR MEETING at MARCH 22, t994 9.8 The appointment of one member to the Memorials Committee was continued to the next regular meeting. 9.9 The appointment of one member to the Planning 6c Zoning Board was continued to the next regular meering. 10. ADMINISTRATIVEREPORTS CITYMANAGER 10.1 City Manager Flatley advised that the Monkey Film will show at City Hall on March 29 (7:30 p.m.) and that a workshop is scheduled on March 30 (7:30 p.m.) to discuss law enforcement issues in the City. He continued the March 29 workshop issues. 10.2 The Commission scheduled an on-site workshop meeting for Aprilg at 12:00 noon at the proposed Motocross site, 2600 Sti( 36 Street. Reconsideration of the Motocross track will be heard before the City Commission at the April 26, 1994, regular meeting. CITY ATTORNEY - no comments AL. COMMISSIONCOMMENTS 11.1 CommissionerBenino Commissioner Bertino encouraged the Commission to consider additional assistance in planning the City's 9fth Birthday Celebration and City Manager Flatley was directed to look into this. ll.2 Commissioner Hyde - no comments 11.3 CommissionerJones Commissioner Jones asked City Manager Flatley to check into the flooding problem in the alleyways on Southwest 14 or 15 Street. He expressed appreciation to the Fire Department for their participation at the St. Ruth Baptist Church Health Fair and expressed condolences to family members of Annie \flillis who recently passed away. ll.4 Vice Mayor Grace Vice Mayor Grace mentioned the positive exchange of information at the Congressional Black Caucus that was held in Miami regarding crime and violence in communities. Further comments related to the success of the Women's Day Program at St. Missionary Baptist Church and the many events to be planned for the 9Oth Birthday Celebration. REGULAR MEETING L2 MARCH 22,L99* 11.5 Mayor Mikes Mayor Mikes commented on the positive action by the Commission to support the residents of Dania by the denial of item 1.4 relating to the airport expansion. This rogular meetinCl aqioumed. City Clerk Auditor r REGULAR MEEIING 13 MARCH 22tL994