HomeMy WebLinkAbout1994-02-22 Regular City Commission Meeting MinutesPLEDGE OF ALLEGIANCE
ROLL CALL:
Present
Mayor:
Vice Mayor:
Commissioners:
City Manager:
City Attorney:
Deputy City Clerk:
MTNUTES
DANIA ClrY GOMMISSION
REGULAR iIEETIT{G
FEBRUARY 22, 1994
Bobbie Grace
Bob Mikes
John Bertino
Bill Hyde
Albert Jones
Robert Flatley
Frank Adler
Marie Jabalee
PRESENTATIONS
Commissioner Jones acknowledged imponant individuals that make up the rich history that is being
honored during February for "Black History Month". He presented Loretha Waiters with a plaque
honoring the accomplishments of Boisy !?'aiters who was a former Dania City Commissioner from 1966
through 1972. Loretha Vaiters, wife of Boisy \faiters, expressed appreciation on behalf of her family for
being presented with the plaque.
ITEM 2.1 WAS HEARD AT THIS TIME
Mayor Grace read the proclamation for "Black History Month" under item 2.1.
ITEMS REMOVED FROM THE CONSENT AGENDA:
1. CONSENTAGENDA
1REGUTAR MEETING FEBRUARY 22, 1994
TNVOCATION BY CITY MANAGER, ROBERT F. FLATLEY
City Attorney Adler requested item 1.4 and Commissioner Jones requested 7.5 and 1.7 to be pulled from the
Consent Agenda.
A motion was made by Commissioner Bertino, seconded by Commissioner Jones to approve the Consent
Agenda with the exception of items 1.4, 1.5 and 1.7.
The motion passed on the following roll call vote:
Commissioner Benino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
1.4 City Attorney Adler clarified that a resolution is not needed for the engineering services for the water
and sewer improvements for the Dania Pier and restaurant. He stated that Berry & Calvin can provide the
services ar an hourly rare not to exceed $15,000 under their Engineering Agreement with the Ciry.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to aPProve the
expenditure ofthe sum not to exceed 515,000 under the hourly rate contract with Berry Er Calvin
Engineering.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
1.5 \7ill Allen, Growth Management Director, presented the resolution approving the standard form of
agreemenr with Anthony Abbate for architectural services for the Nyberg/Swanson House. Mr. Abbate's
services will include assistance in determining the proper uses, a floor plan, an analysis of the building and to
ensure that the historical nature of the building is honored.
Commissioner Bertino mentioned that Mr. Abbate has previous experience preserving historical buildings in
Fort Lauderdale and felt that Mr. Abbate will be able to assist Dania in receiving historical preservation
funds.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the resolution
approving the agreement dated the 14th day of February, 1994, between the City of Dania and Anthony
Abbate, AIA, for architectural services to be rendered for the Nyberg/Swanson House Project.
The motion passed on the following roll call vote:
Commissioner Benino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
7.7 Commissioner Jones encouraged the suppon of Senate Bill 518 designating railroad tracks as
hazardous conditions for elementary-age students. He commended the Commission for their quick action to
send a resolution ro the school board when Jackie Johnson, age 6, was killed on the railroad tracks this past
2REGULAR MEETING FEBRUARY 22, L994
year. He advised that this bill will provide funding to bus children so that they y/ould not have to walk to
school along the railroad tracks.
A motion was made by Commissioner Jones, seconded by Commissioner Bertino to adopt the resolution to
support and urge the passage of Senate Bill 618 designating railroad tracks as hazardous conditions for
elementary-age students and to add Jackie Johnson's name to the bill.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
ITEM 8.5 \TAS HEARD AT THIS TIME
2. PROCLAMATIONS
2.1 \TAS HEARD LINDER PRESENTATIONS:
2.1 Mayor Grace read the proclamation declaring February,1994, as "Black History Month".
3. BIDS - none
4. PUBLIC HEARINGS.
4.1 \TAS HEARD AFTER THE FIRST PART OF ITEM 8.6
4.7 City Attorney Adler explained that the ordinance is amending the Code to provide for the issuance
of long term bonds in the amount of $3,255,000 to cover pier financing and refinancing of City debt.
Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the
public hearing.
Vice Mayor Mikes clarified that the bonds are covering outstanding debt service, pier construction and that
the City is receiving a 5.4olo interest rate for a term of 25 years.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Mikes to adopt the ordinance on
second reading amending Section 2-12, Anicle 1 of Chapter 2 ofthe Code of Ordinances to provide for
issuance of long term revenue bonds in an amount not to exceed $3,255,000 which shall be in addition to
short term promissory obligations as previously authorized by said Section 2-12, Subparagraph (a) through
(g)
3REGULAR MEETING FEBRUARY 22,4994
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - no
Commissioner Hyde - yes
Vice Mayor Mikes - yes
4.2 City Attorney Adler read the ordinance title amending Section 39-1040 of Anicle LXII of the
Broward County Zoning Code as adopted by Ordinance No. 33-91; by adding a new Section 39-1040.1 to
provide a special exception use for Motocross Parks in Light Industrial (M-t) Districts.
!7ill Allen, Growth Management Director, advised that first reading of the ordinance was continued from
the last meeting and that a text change requires two public hearings. Mr. Allen advised that the Planning &
Zoning Board and staff have recommended some conditions to be included if the special exception is
allowed.
Tom Laubenthal, Lan&cape Architect for South Florida Sports Committee, Inc., expressed appreciation to
the residents from Dania and to persons outside Dania who spoke at the last meeting regarding the proposed
motocross track. He said that concerns were addressed at the workshop meeting on February 15 and that a
rest was conducted on noise impact. Every effon was made to expose the area to noise and that Mr. Lennon
Adams (a leading test representative throughout the state) was hired to conduct the test. The test was
conducted without any landscaping, berm or wall and on a clear day to provide the most accurate impact.
Lennon Adams, Miami Hearing Conservation, commented on his background qualifications to conduct the
test and explained that there were ts/o sound level meters used for the test. The meters were calibrated
before the resr began and one meter was placed on site and the other at the canal. There were simultaneous
noise measurements taken on the 14 motorcycles running at the same time and the chan that recorded the
results showed no increase in noise levels. Mr. Adams advised that the site location is too far away for the
noise to travel.
Mr. Laubenthal stated that the 14 motorcycles represented an adequate regulation stan and all size
motorrycles were used; 125's, 250's and 500's. Mr. Adams explained the technical description of Window of
Hearing and confirmed that there was no noise levels recorded.
Further comments were made by Mr. Laubenthal regarding delays in purchasing additional property from
rhe Broward County Aviation Depanment in order to locate the permanent buildinB, restrooms,
concessions, office and maintenance barn for the pro.iect. He explained where the alternative site would be if
the property is not available from the County, confirmed that there is no future expansion planned and
commented on the proposed parking for the site.
Mayor Grace opened the public hearing.
Ann \ inters, Airpon Advisory Board, felt that the area has already been impacted by the airpon noise and
that the track would create more noise and traffic in the area.
4REGULAR MEETING FEBRUARY 22, L994
Bob Gluver and Tina Tetter came forward to represent Russell Engineering which is a business that sits right
beside the proposed track site. Mr. Gluver expressed his feelings that the track would bring more business
opponunities and revenue into the City and that the test has proven that there is no noise impact.
Mark Framatana spoke in favor of the track based on his feelings that it would provide a place for the youth
and bring business into Dania.
Vivian riflarman opposed the track.
Louis Webb felt that the track will be a good opponunity to provide a place for the youth and that it would
be a positive impact to the business community.
Reverend Kenneth King commented on the other things in the community that create noise and stressed the
need to provide a place for the young people. He felt that the petitioners went to the trouble of spending a
lot of money to clean the site and conducted a test to prove that there is no noise impact. Reverend King
encouraged the Commission to allow the track on a trial basis since the petitioners have gone to extents to
satisfy all of the concerns that have been expressed.
JJ.Kelly encouraged the Commission to allow the track for the children, tourism and business for the area.
Bob Adams mentioned that there may be a need for additional police and code enforcement for the site and
that there will be noise from the traffic going to and from the site. Mr. Adams encouraged the Commission
to deny the request.
Judy Usifer came forward to express opposition.
Uri Bergbaum menrioned his experience in the spon and felt that the track will be positive to the
community and the youth.
Buleah Lair felt that the yourh can take advantage ofthe parks in the community and opposed the track.
Jane Fister commented on the need to allow this type of spon for the children and to try to see the positive
aspects of the project.
Hugo Renda stated that after the testing was conducted on the site that he is now in favor of the project. He
felt that the track will be a positive impao to the area based on what the petitioners plan to do and
encouraged the Commission to allow the track on a trial basis'
Joe Honan recommended approval of the motocross track for the area noting that he has lived in the area
since 1956.
Hearing no further comments, Mayor Grace closed the public hearing'
Mayor Grace advised that she checked with several cities to see if motocross racing was allowed and found
rhat Fon Lauderdale has motocross racing in one of their parks on weekends. She spoke against the track
5REGULAR MEETING FEBRUARY 22t 199:t
bxed on the noise that will be created and the need to protect those residents who are already impacted by
the airpon noise.
Commissioner Hyde advised that he lives closer to the facility than anyone else on the Commission and
recommended to allow the track on a trial basis for the youth. He felt that conditions can be included with
the approval ro protect the residents and that there is a need to look out for the young people and provide
them with a place to ride their bikes.
Vice Mayor Mikes advised that there was a plane crash close to the site recently and that safety and land use
around rhe airpon are rwo important issues being fought by the City. He felt that the site is in the middle of
an urban traffic corridor and that the propeny will be too valuable in the future to use for motocross racing.
Commissioner Jones agreed to providing a recreational facility for children but questioned whether there
will be minority programs provided.
Commissioner Berrino mentioned the different businesses in Dania that provide recreational facilities for
children and that it is not the intention of the Commission to be mean to children by not allowing
motocross track. He commented on the money that the City has spent to fight the noise impact from the
airpon and felt that it would not make much sense to approve a facility that is a noise generator.
Commissioner Bertino felt that the propercy is far too valuable for this type of activity.
A motion was made by Mayor Grace, a{ter passing the gavel, seconded by Commissioner Bertino, to deny
the ordinance allowing motocross parks as a special exception use in a Light Industrial M-1 zoning district.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde ' no
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
ITEM 8.2 \flAS HEARD AFTER 4.2
4.3 \fAS HEARD AFTER THE SPECIAL SESSION
Addendum
4.3 Vlill Allen, Growth Management Direoor, presented the variance reque$ by Jon and Ana Ardeljan
for propeny at 510 SE 4 Court to allow the construction of a screen enclosure around an existing swimming
pool to be within 4 inches of the rear property line (minimum setback is 5 feet). Mr. Allen advised that the
Planning & Zoning Board recommended to deny the variance request as they did not feel that the criteria for
obtaining a variance was met in accordance with Section 10.13 ofthe Zoning Code and that there is no
hardship for the variance.
Mayor Grace opened the public hearing.
6REGUI.AR MEETING FEBRUARY 22, 1994
Jon Ardeljan presented a picture of his backyard showing the Jaatzzi and advised that the screen enclosure
would be used for bug protection.
5.
e.
7.
8.
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
CIrIZENS' COMMENTS . none
SlfE PLANS - none
EXPENDITURE REQUESTS . none
DISCUSSION AND POSSIBLE ACTION
8.1 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the
banner permit for the Graves Museum of Archaeology and Natural History.
The motion passed on the following roll call vote:
ITEM 8.4 \TAS HEARD AFTER 8.1
8.2 \(AS HEARD AFTER 4.2
8.2 Tim Tapp, Recreation Director, advised that the department is ready to proceed with conducting
core sampling on the Modello Park Pool and that quotes would be solicited from several companies who
handle this type of service. Roben \#alters Architect, Inc., Recreation Facilities Consultant, will provide an
evaluation of the results on the samples.
7REGULAR MEETING FEBRUARY 22t 1994
The Commission expressed their opinions that they see no reason why the variance cannot be granted.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to grant the variance (VA-
42-93) as requested byJon and Ada Ardeljan to allow the construction of a screen enclosure around an
existing swimming pool to be within 4 inches of the rear propeny line (minimum setback is 5 feet).
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Mayor Grace suggested that the City may want to consider building a new pool for $132,000 opposed to
spending $55,000 to renovate the pool for a five year period. Financing is very good right now and a new
pool should last a very long time with the proper maintenance.
Vice Mayor Mikes agreed that renovating the pool would be a waste of money and since the pool has lasted
for 30 years there is a need for a new structure.
Commissioner Hyde mentioned that there is a need to obtain the core samples whether a new pool is
constructed or nor and Mr. Tapp agreed that the samples will provide a basis of information to begin design.
Commissioner Benino agreed that the core testing is needed and suggested the possibility of putting a
recreational package together to include capital project needs for all of the parks for a possible bond issue
since financing is so reasonable right now.
Commissioner Jones agreed to proceed with the testing and felt that a time certain should be included to
expedite the project.
Mayor Grace menrioned some companies that can provide quotes for a new pool and recommended to
proceed with the borings.
Mr. Tapp stated that major plumbing and electrical systems are being overhauled in some of the buildings at
Modello Park and encouraged a comprehensive approach to new facilities over the long run.
Mrs. Jones commented on the efforts that were made by many residents to raise money for the first
playground equipment at Modello Park and urged the Commission to take action immediately to make the
necessary improvements to the park.
Reverend Gregg Byrus encouraged the Commission to take action to replace the pool based on the the
immediate need for the children.
MAYOR GRACE ADVISED THAT THE COMMISSION HAS TO BREAK FOR THE SPECIAL
SESSION AT THIS TME.
CITY ATTORNEY ADLER ADVISED THAT THE COMMISSION NEEDS TO HOLD A SESSION
\TITH THE CITY'S AIRPORT ATTORNEYS TO DISCUSS THE COSTS AND EXPENSES OF THE
AIRPORT LITIGATION AND STRATEGY IN THE PENDING LA\flSUIT. EVERYONE IN THE
MEETING WILL BE RECORDED BY AN OFFICIAL COURT REPORTER AND EVERYTHING
THAT IS SAID \TILL BE RECORDED AND NO COMMENTS \flTLL BE ALLO\flED OFF THE
RECORD. AFTER THE LITIGATION IS OVER, THE TRANSCRIPT OF THE MEETING \TILL BE
AVAILABLE TO THE PUBLIC. HE EXPECTED THE MEETING TO TAKE AROTIND 30
MINUTES.
MAYOR GRACE ADJOURNED THE MEETING.
AFTER THE PRIVATE SESSION, MAYOR GRACE READJOURNED THE REGULAR MEETING.
REGULAR MEETING 8 FEBRUARY 22, t,994
ITEM 4.] \7AS HEARD AFTER THE PRIVATE SESSION
8.3 \(AS HEARD AFTER 8.5
8.3 City Manager Flatley reponed that the draft of the Pon Bill appears to be acceptable to Dania but
that Hollywood stands to lose valuable tax base. The County may give some land in compensation for lost
tax base and County Administrator Osterholt is suppose to meet with the City Manager of Holl)'wood to
resolve rhe compensation issue. Mr. Flatley advised that the County is expected to take over the Pon in
November 1994.
8.7 WAS HEARD AFTER 8.3
8.4'$/AS HEARD AFTER 8.1
8.4 Commissioner Bertino advised that all municipalities must convert 20 percent of their fleet to run on
alrernate fuels by the year 2001 under the Federal Energy Policy Act of 1992. He mentioned that Coral
Springs has received a Brant to switch their fleet over to propane and that he and City Manager Flatley are
working on a grant for the City.
8.5 Commissioner Hyde expressed his opinion that the $50 Occupational License fee for sales
representetives should be addressed at the time all Occupational License fees are reviewed. The Commission
agreed to continue this item.
8.5 WAS HEARD AFTER ITEM 1.7
8.6 City Manager Flatley mentioned that a proposal was submitted by FAU at the public
meeting/brunch that was held at the Sheraton Hotel last Saturday. The proposal relates to the possibility of
Seafair being used as a future location for the FAU Oceanographic Engineering Department.
Mayor Grace felt that the proposal will improve the location and will be advantageous to the community.
Stanley Dunn, Chairman for the FAU Ocean Engineering Department, explained the unique opponunity
for Dania and FAU to realize the potential for a unique research project at this location.
Commissioner Hyde encouraged the Commission to adopt a resolution supporting the concept for this
project to be forwarded to the legislature.
Vice Mayor Mikes felt that a presentation should be brought to a public hearing before the Dania City
Commission to make the public aware since public tax base is in question. Mayor Grace agreed that a public
hearing is needed and that nothing is being approved tonight.
9REGULAR MEEIING FEBRUARY 22, 1994
8.3 \(AS HEARD AFTER 8.5
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to send the transmittal letter
to the Legislature with language that the City would like to pursue the proposal but no final action to be
taken until the public hearing is conducted and a full evaluation is made ofthe proposal.
Commissioner Bertino suBgested to include a reference to revenue sources for the City and City Attorney
Adler advised that if the bill is passed that the City will be authorized to negotiate an agreement with FAU
to cover the funding.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
THE COMMISSION RETURNED TO ITEM 4.1 LINDER PUBLIC HEARINGS
8.7 ITAS HEARD AFTER ITEM 8.3
8.7 Mike Smith, Personnel Director, advised that two proposals were received for engineering services
for the NW 5th Avenue Improvement Project that is being funded through the Community Development
Block Grant Program. Mr. Smith stated that the proposals were from Miller & Associates and Berry &
Calvin and that staff recommends to award the project to Miller Ec Associates.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to accept the proposal
from Robert Miller and Associates for the engineering services for the NlW 5th Avenue Improvement
Program. The motion passed unanimously.
9. APPOINTMENTS
9.1 The appointment to the Memorials Committee was continued to the next regular meeting on March
8, 1994.
9.2 Commissioner Hyde appointed Don Tagart to the Airpon Advisory Board. Vice Mayor Mikes
requested to conrinue this appointment to the March 8th meeting so that City Clerk Mullikin can confirm
wherher or not the replacement for Donna Simione on this board is his appointment or Commissioner
Hyde's appointment.
9.3 A motion was made by Mayor Grace, seconded by Commissioner Bertino to appoint Charles
\flilliams to the Code Enforcement Board to replace Roxane Knight.
REGUTAR MEETING 10 FEBRUARY 22, Lg94
The Commission agreed to address the leases for the Beach Grille, Seafair and Broucher Bros. listed in item
8.6 aker the public hearing with FAU on their proposal for using Seafair for an Oceangraphic Engineering
Department.
Mayor Grace withdrew her motion. The Commission decided that the person who is appointed should be a
contrador and should be appointed by the full Commission.
9.4 The appointment of one member to the Parks & Recreation Board was continued to the next regular
meeting on March 8, 1994.
9.5 The Commission decided to continue the appointment of the voting delegate and one alternate for
the Broward League of Cities annual election meeting until the new appointments of the Mayor and Vice
Mayor are conducted in March.
10. ADMINISTRATIVEREPORTS
CITYMANAGER
10.1
Hall.
City Manager Flatley advised that the Monkey Movie is scheduled on March 29 (7:00 p.m.) at City
lO.2 City Manager Flatley stated that Dania will have a display at the Broward Days in Tallahassee on
March 9 and 10 and that handouts will be provided on Dania's 90th Binhday Celebration.
CITY ATTORNEY - no comments
11.1 CommissionerBenino
Commissioner Bertino commended the Cultural Affairs Committee for their recent concert and reminded
the public that another concert is planned at Patrick J. Meli Park. Further comments related to the success
of the One Ton Tug that was held at the beach.
11.3 CommissionerJones
Commissioner Jones mentioned that St. Ruth Baptist Church will have a Health Fair on Saturday, February
26 from 10:00 a.m. to 1:00 p.m. and that the Fire Department will be available to take blood pressure checks
and provide information on fire prevention/evacuations.
Commissioner Jones asked City Manager Flatley to see if a public relations person could be hired for the
various funoions within the City in an effort to obtain better public involvement. He mentioned that the
One Ton Tug was a success and expressed appreciation to the Commission for their attendance.
REGULAR MEETING 11 FEBRUARY 22, L994
11. COMMISSIONCOMMEilTS
11.2 Commissioner Hyde - none
11.4 Vice Mayor Mikes
Vice Mayor Mikes commented on the events rhar took place ar the One Ton Tug.
11.5 Mavor Grace
Mayor Grace thanked Cliff Taylor and staff for putting up the barriers for the One Ton Tug and to Lou
Gusdorff for getting people involved in trying to resolve the Modello Park pool problem. She mentioned
other projects that are currently being discussed and confirmed that unity is imporrant in the community.
Commissioner Grace advised that the Cultural Affairs Committee is going to have T-Shins available for sale
and commented on events that are planned the future.
fhls retular moetlng adioumed.
MayorGommissionol
Clty Clerk Audltor
REGULAR MEETING 12 FEBRUARY 22, L994