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HomeMy WebLinkAbout1994-03-08 Regular City Commission Meeting MinutesINVOCATION BY REVEREND LEWIS PTEDGE OF ALLEGIANCE ROLL CALL: Present Mayor: Vice Mayor: Commissioners: City Manager: City Attorney: City Clerk: MINUTES DANIA ClrY GOMMISSION REGULAR MEETING MARCH 8, 1994 PRESENTATIONS *OIsen Mlddle School Report - Jose Rodrigucz Jose Rodriguez, Project Manager for the Broward County School Board, presented a progress report on the construction of the new Olsen Middle School. The existing Olsen Middle School will be used for a holding facility for Holll'wood Central Elementary while their school is being rebuilt. Mr. Rodriguez advised that it should take around two years for the other school to be completed. Commissioner Bertino expressed concern for additional traffic because there will now be two schools in the same location. He suggested to make 11th Terrace a one-way street going east and to change the bus patterns coming in {rom 5th and exiting on 2nd. He recommended to have \Xi ill Allen, Growth Management Director, meet with the two schools to workout a good traffic pattern for the schools. Mr. Rodriguez advised that there wouid be around 2,OOO children attending the schools and that 17 buses will be delivering the children to the schools. Mr. John Bruckner mentioned the vandalism problem in the schools and complained about the traffic problems that will be created with more students coming into the atea. MARCH 8, 1994 Bobbie Grace Bob Mikes John Bertino Bill Hyde Albert Jones Robert Flatley Frank Adler Wanda Mullikin REGULAR MEETING 1 City Manager Fiatley advised that additional flashing lights are being installed by the State Depanment of Transponion for Olsen Middle students to cross US 1. Commissoner Jones mentioned the strong speed enforcement for Holll'wood Hills on Stirling Road and questioned why Dania cannot provide the same service. Commissioner Hyde suggested to request BSO to conduct additional spend enforcement for Olsen Middle and Mr. Rodriguez recommended the City contact their Safety Department to coordinate with BSO. *BSO DEPUTY OF THE MONTH Chief Farley, BSO, advised that BSO has worked very closely with Peggy Conroy to provide security and speed enforcement to cover the Olsen Middle School zone. He advised that the flashing lights should be installed in the next week. Chief Farley reponed that the new BSO flat-top vehicle will be used for this purpose until the speed problem is under control and that additional positions are being requested in the BSO Budget for bicycle patrols at the schools. Chief Farley explained that Deputy Paul Ruffini responded to a stalking complaint recently and conducted a surveilance of the victim's home where he subsequently was able to arrest the assailant. He then presented Deputy Ruffini with the "Deputy of the Month" award for February for his performance in this case. ITEM 8.8 I{/AS HEARD AT THIS TIME ITEMS PULLED FROM IHE CONSENT AGENDA Vice Mayor Mikes requested items 1.7, 1.8, and 1.10 and Commissioner Jones requested items 1.3 and 1.5 to be pulled from the Consent Agenda. 1. CONSENTAGENDA A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the Consent Agenda with the exception of items 1.3, 1.5, 1.7,1.8 and 1.10. 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 1.3 City Attorney Adler clarified that the ordinance repealing Section 1 and Seccion 2, Article 2 ofPa* III of the City Chaner is needed to corred the conflict with Section 5, Anicle 4, Part 1 of the Charter relating to the selection of Mayor and Vice-Mayor. City Attorney Adler agreed to provide the Commission with a memo explaining the changes prior to the second reading. A motion was made by Commissioner Hyde, seconded by Commissioner Benino to adopt the ordinance on first reading. REGULAR MEETING MARCH 8, 19942 The motion passed on the following ro11 call vote: Commissioner Benino stressed his opposition to this type of development use based on the negative impact that this can cause to the area. He recommended further review of the area by having the City Planner to come up with a good plan for development. The Commissioner generally agreed. A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to deny the rezoning (RZ- 05-94) request by Jefkey C. Jones of DCK Enterprise, Inc. for 54 Sheridan Street and to schedule a workshop meeting for further discussion. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Mikes - yes *At this time, Mayor Grace acknowedged Reverend Randall Barr, St. Missionary Baptist Church and Reverend Meyers. Mayor Grace advised that Mr. Iflilliam Flakes is currently making a movie with Sylvester Stalone in Miami and is willing to get involved in the City's 90th Birthday celebration. She advised that he is a Poet, a .Writer and Impressionist. 3REGULAR MEETING MARCH 8, 1994 1.5 Dan Oyler, City Planner, advised that the rezoning request by Jeffrey C. Jones of DCK Enterprises, Inc. involves two lots and that the present zoning is RD16 with residential land use. He advised that the Commission must apply the 5olo flexibility rule under the Land Use Plan which allows the area to be changed without going through a plan amendment. The applicant 'wants to convert the existing home into an Allstate Insurance Office and keep the house in the same character. Although the Planning k Zoning Board recommended approval, he stated that staff is concerned that this may increase several individual small businesses with many curb cuts off of Sheridan Street which may cause a lack of unification. \(illiam Flakes showed some of the work that he completed for four of the last five presidents and advised that he just finished something for President Bill Clinton. He mentioned his involvement with an organization called "Unified Against Crime You Act" and mentioned that the City of Miami is thinking of becoming one of the national sponsors. Mr. Flakes recommended for the City to sell posters commemorating Dania's 90th Binhday Celebration and mentioned his residency for a shortime in Dania and Fort Lauderdale. Mayor Grace thanked Mr. Flakes for his presentation and invited him to come back and meet with City Attorney Adler, City Manager Flatley and the Commission to come up with something for Dania's Celebration. Mr. Flakes then performed an impression of President Bill Clinton. 1.7 Vice Mayor Mikes stated his opposition against approving the Union Contracts for the General Employees and Fire Department employees based on the City's financial position and his feelings that money would be better spent to pursue litigation against the airport expansion. Mayor Grace clarified that the union contracts were not slipped on the agenda as stated by Vice Mayor Mikes and that the Commission conducted two workshops prior to tonight and ^re very aware of the materials before them. She stated that the General Employees Contract is at Impasse and that the next step will be coun and that no one wins in court. Mayor Grace said that the City has been making promises for two years and that it is now time to take care of those employees who work very hard to serve the City. Commissioner Benino stated that the airpon finances are being mixed up with the Union Contracts which are two entirely different issues. He stated that $400,000 was set aside for the airpon and $120,000 of that has been spent and none of these funds are being used towards salaries for anybody in the City. The amount is $335,000 which is over a three year period and the employees have been extremely reasonable over this past t$/o years in regards to Dania's financial position. The request is reasonable and it would be unreasonable for the City not to go along with this. Mayor Grace clarified that the contact is not effeoive until October 1,7994, and will not be retroactive Commissioner Hyde mentioned that the employees have worked without a contract for sometime now and that the City would spend a 1ot of money if they were to follow the Impasse procedure. Vice Mayor Mikes mentioned that the Fire Contract terms are thru September 30,1995, and stated his opinion that the Fire Depanment has been holding back on their wage demands until after the Commission was committed to providing fire services in the Griffin Rord area. He didn't feel that the contracts should be approved until after the budget hearings to confirm the City's financial position. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the resolution approving that certain Contract between the American Federation of State, County and Municipal Employees (AFSCME) Locai 3535 and the City of Dania; covering the period from October 1, 1993, through September 30, 1995. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Mikes - no Mayor Grace - yes 4REGULAR MEETING MARGH 8, 1994 Commissioner Jones felt that it is productive to approve the contract to promote employee morale. 1.8 Vice Mayor Mikes objected to the Firefighter Contract being delivered to the Commission rhe nighr before the meeting and complained that the quick deal procedure seems to be the way an)'rhing importanr gets handled. He felt that significant agenda items should come to the Commission well in advance so rhar a good review can be made of each issue. Mayor Grace agreed with Vice Mayor Mikes on receiving documentation in advance but stated that the two contracts were known to all of the Commission well in advance. City Manager Flatley stated that the City has been in negotiations with the employee agreements for two months now and that the agreements were not provided to the Commission with the resolutions on Friday because of a printing delay. The contracts were distributed on Monday. Commissioner Benino clarified that there were no quick deals made in this regard and thar the agreement is a result of many hours of negotiations between the City and employee union. The Commission 'wenr over the figures thoroughly and is not acting out of haste. Vice Mayor Mikes stated that details were provided a day before and that the Commission mer ar a workshop tonight a half hour before this meeting. He mentioned that the Commission also has to address the Airport Interlocal Agreement with the County which is very lengthy and that the City Manager should provide this information well in advance. City Manager Flatley stated that this Interlocal Agreement tonight is the 14th version. He was unable to disribute it on Friday because changes were being made to it and mentioned that he distributed it to the Commission as soon possible. He advised that the Agreement y/as not placed on tonight's agenda for action and recommended that it be continued to a public meeting workshop on March 15 so that the public can be invited to attend and hear the issue. A motion was made by Commissioner Bertino, seconded by Commissioner Jones to adopt the resolution approving the Collective Bargaining Agreement between the City of Dania and the Metro-Broward Professional Firefighter Local 3O8O for the period 10/1/93 ro 9/30/95. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Mikes - no Mayor Grace - yes 1.10 A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to continue to a workshop meeting the resolution authorizing the purchase of playground equipment for Frost Park, Modello Park, Meli Park, Mullikin Park and the Beach in an amount not to exceed $80,000 based upon the competive Bid No. 94-8-06 of Volusia County, Florida dated November 30, 1993. 5 MARCH 8, 1994 City Manager Flatley stated that the City was unable to provide raises this year and commended the employees for their patience. He stated that the City agreed to look into next year for raises and that the Agreement provides for an increase effective October 1, 1994. REGULAR MEETING The motion passed on the following roll call vote: Commissioner Hyde - yes Vice Mayor Mikes - yes 3. 4. ITEM 8.1 ITAS HEARD AFTER ITEM 1.10 2. PROCLAMATIONS. none BIDS - none PUBLIC HEARINGS - 4.1. City Attorney Adler read the title of the resolution vacating road reservation for property South of Collins Road by South Florida Spons Committee. Dan Oyler, City Planner, mentioned that this vacation request is connected with South Florida Sporcs Committee's request for a motocross track that was recently denied by the City. He advised that staff recommends approval of the vacation as the petitioners will need it for funher development of the property. Mayor Grace opened the public hearing. Faye Bartelmes asked for clarification on whether or not Dania is giving away City propeny. City Attorney Adler explained that the road dedication came from the people who owned the property and now the City is giving the road dedication back to the new property owners. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Bertino stated that the road is cut-off to the nonh and south making it so that the City cannot use it for a through road and that it makes better sense to put the property back on the tax rolls. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt the resolution approving the vacation (YC-32-93) for South Florida Sports Committee. 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 4.1 ITAS HEARD AFTER ITEM 8.1 6REGULAR MEETING MARCH 8, 1994 Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes 4.2 Dan Oyler, City Planner, presented the request for a variance from flood elevation requirements for a house under construction at 305 NE 3 Avenue by Florida One Construction. Mr. Oyler clarified that the minimum lowest floor elevation is 8' and that the request is ro approve an elevation of z.s' *hi.h is above the National Flood Plain Level for the area. The variance will not jeporadize the City's Community Rating System Program which provices a 5olo discount in policy rates for Dania residents and no surrounding properties will be affected by flooding. Paul Goldstein, Florida One Construction, commented on his many years of building experience in the City of Dania and that he was not aware of the 8' flood elevation requirement. He claimed that the requirement v/as not stamped on his plans and that raising the elevation would cost him over $1,OOO. Mr. Goldstein said that Mr. Bonura asked to lower the elevation and that he and his partners thought that this was okay as long as they met the 7' requirement. Commissioner Hyde asked why the City didn't catch the elevation mistake at inspection and it was explained that an elevation survey is required prior to pouring the tie beam which discovered the discrepancy in the elevation. Vice Mayor Mikes mentioned that the City is responsible for making builders adhere to the 8' requirement and that there may be a negative message being sent out if the elevation is not being enforced. Mr. Goldstein advised that the neighbors are not in opposition to this request and there will not be any affect on the environment or storage of water. Mayor Grace opened the public hearing. Vivian lWarman mentioned that flood insurance is not issued without the 8'requirement and couldn't understand how Mr. Goldstein was not aware of the elevation requirement all these years. Vincent Bonura said that the original elevation made the house look out of place for the neighborhood as the homes in the area are built at a lower elevation which is why he requested to lower the elevation in the first place. He mentioned that money is really not the issue but time is and that he is already 2' higher than everyone else on the block. Hearing no further comments, the Mayor closed the public hearing. A motion was made by Commissioner Benino, seconded by Commissioner Hyde to grant the variance (VA- 05-94) for a finished floor elevation of 7.8' with the conditions that a release be obtained and signed by Mr. Goldstein and Mr. Bonura protecting the City from any liability for insurance rate increase in the future and for any flood damage that may possibly occur, and to instruct the Building Depanment to stamp every plan with "All Structures Must be Built at a minimum of 8' above sea level". 7REGULAR MEETING MARCH 8, 1994 Commissioner Hyde didn't feel that it was necessary to burden the property owner with additional cost when they meet the National Flood Elevation requirement. Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - yes Vice Mayor Mikes expressed concern that a message is being presented to builders that Dania doesn'r enforce their flood elevations and that this was a seif imposed hardship when the properry owner met the requirement and then lowered the elevation for his own reasons. He felt that Dania should not allow any further variances for flood elevations. 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 4.3 Dan Oyler, City Planner, requested to address item 5.1 with this item since they are both for Edward Odabashian. He presented the request for VA-08-94 to allow a rear yard setback of O {eet (10' setback required) and SP-09-94 to constnrct retail shops on 7 ,760 square {eet of land at 230 South Federal Highway. The property is zoned C-3 and is surrounded by the parking for'Walgreens on the north and west side. Staff and the Planning &. ZoningBoard recommended approval of both with a condition on the variance that Mr. Odabashian provide the City a copy of the recorded easement agreement with FPL prior to issuance of any permit for the site. Edward Odabashian mentioned that he has been in business in Dania for many years and that the retail shops will be compatible with the Walgreens business. Mr. Odabashian agreed to replace the three trees in the front with three Sabel Palms to conform with the rValgreens landscaping. Mayor Grace opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Bertino suggested the idea of obtaining a letter of agreement from W'algreens to ensure that Mr. Odabashian has no future problems maintaining the propeny and requested that a low hedge be included along the front. A motion was made by Vice Mayor Mikes, and seconded to grant VA-08-94 and SP-09-94 with the conditions that a Cocoplum hedge be included to the building fronting Federal Highway to match the downtown area, to include three Sabel Palms at the same height and diameter as lValgreens, that a letter agreement be obtained from !(algreens to cover maintenance on the building and that the City be provided with the recorded easement agreement prior to issuance of any permit. The motion passed on the following roll call vote' ITEM 8.3 \(AS HEARD AFTER ITEM 4.3 4.4 \7AS HEARD AFTER ITEM 8.3 REGULAR MEETING MARCH 8, 19948 4.4 Bud Palm, Utilities Director, advised that the ordinance being addressed will regulare the operations of the Utility Department and provide backflow preventer valves. Mayor Grace 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 Jones to adopt the ordinance amending Sections 27-3,27-8,27-9,27-23 md 27-53 oI rhe City Code to regulate the supplying of warer by a consumer to a unit not a part of the consumer's property; providing for posting of deposits by owners of more than one unit supplied by one (1) meter; providing for penalities; providing for backflow preventer valves. 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 5. CEIZENS'COMMENIS - none 6. SITE PLANS 6.1 \trAS HEARD UNDER ITEM 4.3 John \tr?'olett, Dania Inc., commented on problems in the past with the Danian's residents encroaching on his property when they back out of their parking lot when the exit on the west side was blocked. He stated that they have decided to leave it open so that residents from the Danians can come in and out of the their parking lot. Commissioner Bertino suggested to include the access issue as a condition to ensure that there are no problems with the two condominiums in the future. City Attorney Adler advised that all of the requirements of the Code have been met on this site plan request and that the Commission must approve without conditions on another building. Commissioner Bertino stated for the record and pointed out on the site plan that the access which is directly to the west going into the Danians will be open and that is what the Commission is going to approve. 9REGULAR MEETING MARCH 8, 1994 6.2 Dan Oyler, City Planner, presented the request by Dania Inc. to construct 74 condominiums known as "Sea Oaks" located at 75 Gulfstream Road (north of Dania Beach Boulevard and west of Gulfstream Road). The property consists of 4.476 acres and the property was platted for 74 units. The site plan that was approved a {ew years ago met concurrency requirements. At that time, a building permit was issued for the site and two existing slabs were built and then construction was halted. Funher discussion followed on the proposed site plan and connecting easement to the Danians Condominium. Dan Oyler stated that the site plan (SP-10-94) is dated2/9/94 and Mr. Wolett stated that he has a Declaration of Condominium from the Danians that provides the access through their propeny. Ted Basetta, Project Architect, advised that the slab is being raised to meet the new 8' requirement along with new grade beam caps being added. Further comments were expressed about the design of the condominium units. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to approve SP-10-94 for Dania Inc. to construct 74 condominiums known as "Sea Oaks" at 75 Gulfstream Road. 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 7. EXPENDITUREREQUESTS 7.1 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the invoice in the amount of $3,067.73 trom Bailey, Hunt, Jones & Busto for airpon related services. Vice Mayor Mikes mentioned that most of the money that has been spent on the airport litigation has been for negotiations with the County and not for court action. 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 8.2 IUTAS HEARD AFTER 7.1 8. DISCUSSION AND POSSIBLE ACTION 8.1 (a) City Manager Flatley recommended to send letters to every citizens in Dania notifying them that there will be a public hearing workshop scheduled March 15 to discuss the newest dra{t of the Interlocal Agreement regarding the airport expansion. He mentioned that this meeting will give citizens an opponunity to express their views and then the Commission could plan to take action on the agreement at the March 22 regtiar meeting. A motion was made by Commissioner Benino, seconded by Commissioner Hyde to hold a public hearing workshop on March 15 at 7:30 p.m. REGULAR MEETING 10 MARCH 8, 1994 8.1 \TAS HEARD AFTER ITEM 1.10 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 &) Ed Cunis, Airport Attorney for the City, advised that the current draft of the Interlocal Agreement is a result of many hours of negotiations with the County in regard to the extension of the South Runway. The agreement provides for the extension of the runway, annexation/deannexation of lan&, restrictions on runs/ay use, mitigation on noise impact, replacement of tax base loss because of the expansion,and refund of infrastructure money spent by the City of Dania for water and sewer lines on condemned lands for airport use. Mr. Curtis explained that the deannexed lands will come under the jurisdiction of Broward County, This means that the City of Dania gives up the right to issue a Development Order along with their Permitting rights but the City does maintain the right to comment on the Development Order. The restrictions on the runway use are divided into Phase I, II and III and a Phase IV which is an unrestricted use. Night operations are not allowed in Phase I, II and III but if it ever becomes unrestricted they will be allowed. Phase I essentially covers no take off or landings to the west by heavier aircraft, Phase II allows take off and landings to the west during a very restricted period of the day (IFR - Instrument Flight Rules) conditions, Phase III allows take off and landing to the west during all operations as needed and no night time operations and the airport runway is restricted to Stage 3 aircraft, The intent of the mitigation is to protect residential property from being impacted by greater than 55 LDN, to identify impact five years into the future, and to commence the mitigation so that the impact never comes to the community. This means that in the first yea,r that the runway is being built that there will be a base year LDN contour (no single events) and a five year projection. If at anytime during that five yetr projection that any residential property is sub.iect to greater than 65LDN then a mitigation program will be submitted to the Dania Commission by the Broward County Aviation Department. Dania then has 45 days to approve the program or submit a counter proposal and the Dania Commission will approve the mitigation program that is instituted. The limitations are minor and the mitigation program is not a function of the availability of State or Federal funding except for the clause in paragraph 4. The County cannot increase the use or move to the next phase ofthe operation until the mitigation is substantially complete. Annexation/Deannexation of Land is intended to replace the tax base lost which is estimated at $116,500 from deannexation. The total gain is estimated at $243,800 and the net gain to the City annually would be a revenue increase of approximately $127 )A0. The County will pay the City between $1,000,000.00 and 1.4 million dollars two years after the condemnation or land acquistion program is 80o/o complete. Commissioner Benino encouraged this document to be presented at the public hearing workshop scheduled March 15, 1994. Vice Mayor Mikes mentioned that the lawsuit against the County started when they tried to immediately condemn some properties to the east of Federal Highway for the new runway and that the City tried to hold REGULAR MEETING 11 MARCH 8, 1994 Commissioner Benino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - yes them up. He felt that the real motive by the County is to take away Dania's traditional municipal rights of .jurisdiction for lands east o{ Federal Highway. Earl Gallop, Airpon Attorney for the City, explained Dania's rights in the DRI and Administrative Appeal process. He clarified that if the development area currently within the City's jurisdiction is deannexed from the City then the City loses its statutory power to issue or deny a Development Order and becomes a reviewing and commenting entity only. Mayor Grace advised that she is the Vice-Chairperson on the Regional Planning Council and that she would abstain from voting should this issue come before this board. Mayor Grace didn't feel that the Ciry has much of a chance of winning in the DRI process. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to continue items 8.1 b and c to the next regular meeting. The motion passed on the following ro11 call vote: d) Jay Field, Chairperson for the Dania Airpon Advisory Board, presented the board's recommendations to hold a public hearing on the approval of the Interlocal Agreement and to have a newslefier sent to all residents summarizing the agreement prior to the meeting. He mentioned that the board suggested the idea of the City hiring a lobbying firm to work with Representative Anne Mackenzie and Senator Ken Jenne and to cease negotiations on the Interlocal Agreement. The Commission mentioned that City Manager Flatley, Commissioner Jones, and Commissioner Hyde will be attending Broward Days in Tallahasee March 9 and 10. Mayor Grace advised that Senator Jenne and Rep. Mackenzie have been supporting Dania all along and have confirmed that they will do what ever they can to protect the citizens of Dania in the airpon expansion. ITEM 4.1 \7AS HEARD AT THIS TIME 8.2 \(AS HEARD AFTER 7.1 8.2 City Attorney Adler stated that someone from the prevailing side would have to make a motion to reconsider the Motocross facility that was denied at the la$ meeting and that a time certain would have to be determined to reconsider the request. A motion was made by Mayor Grace, seconded by Commissioner Jones to reconsider the Motocross facility on April 25 with the understanding that the Commission will visit the site. Vice Mayor Mikes confirmed that this is a rehearing and that advertisement will be required. REGULAR MEETING L2 MARCH 8, 1994 The motion passed on the following roll call vote: Commissioner Benino - no Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - no 8.4 \flAS HEARD AFTER 8.2 8.3 \(AS HEARD AFTER ITEM 4.3 8.3 Commissioner Jones mentioned the idea of hiring a public relations person to promote activities in Dania and that Mr. Ray Heim has offered to volunteer his time. Ray Heim stressed the need to change Dania's negative image by the City providing a Public Information Office that could deal with the press and public so that people would not have to go through several depanments for information. Mayor Grace advised that Mr. Heim's suggestions would be taken into consideration and that the Commission will discuss this item at a workshop setting ITEM 4.4 \TAS HEARD AFTER ITEM 8.3. 8.4 \TAS HEARD AFTER 8.2 8.4 Dan Oyler, City Planner, advised that Joseph Handley, Craven Thompson and Associates, Inc., has requested the City to support a delegation request to amend the restriction note on the NCL Plat. The request on behalf of the owner, Lonstar Industries, is to change the restriction from 798.,320 sq. ft. to 625,000 sq.ft. of Industrial use on the 44.42 acre NCL site. The propeny is the old Lindsley Lumber site located west of I-95 between Griffin Road and Tigenail Blvd. The request is to allow this site to become more marketable and to allow the restriction to be revised so that there will not be concurrency problems with Ravenswood Road. Mr. Oyler stated that staff recommends approval as they feel that the increase in square footage can only benefit the City and enhance the development and sale of the property. A traffic study has been submitted indicating that there are physical means to handle the increase in traffic on Tigertail Blvd and that the issues of access could be addressed at site plan review with the Fire Department. If the request is approved, Mr. Oyler stated that staff will have to prepare a letter to Broward County so that an application can be filed. Commissioner Benino questioned whether this request will hold up any other concurrency developments in the area. Mr. Oyler advised that currently the service station at the corner of Ravenswood and Griffin Road is requesting expansion and that a destination run was conducted by the Broward County Office of Planning and shows that traffic will not be increased on Ravenswood. New developments in the area could be impacted that do not meet concurrency like vacant property or any property that wants to increase their square footage. REGULAR MEEIING 13 MARCH 8, 1994 Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - yes Vice Mayor Mikes expressed concern for granting this request for 4OO,00O more square feet when the City may find out later that they are shutting down other viable projects because there is no guarantee that this project will go forward. Tom Hall, Tinter Associates Inc., advised that his company is the traffic engineers for the project and that Ravenswood is not currently over capacity. He was unable to confirm if this project will put it over capacity and agreed that it would be their responsibility to fix Ravenswood Road in order to grant more capacity. Mr. Hall encouraged the Commission to approve the request and reminded them that they still have to go through County level process to get the property developed. A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to continue the request to the March 22 regiar meeting y/hen.lfill Allen,Growth Management Director, can be available to respond to questions on the matter. The motion passed on the following roll call vote: 8.5 Tim Tapp, Recreation Director, presented the cost from three companies to conduct boring tests on the Modello Park pool. He advised that the engineer has recommended to conduct a 20 foot deep boring rarher rhan a 10 foot deep boring and to conduct the test on six holes to obtain a better picture of the soil strata and to eliminate second guessing for determining the cause of the cracks. A motion was a made by Commissioner Benino, and seconded to approve Nutting Engineer for the testing at $8:00/ft by truck or $15.00/ft ponable equipment and $3OO for 2 concrete core samples. The motion passed unanimously. Mayor Grace asked Mr. Tapp to obtain this information on a timely basis so that the pro.ject can get completed as soon as possible. Commissioner Benino directed Mr. Tapp to prepare his recommendations on facilities that are also needed at Meli Park, Frost Park, and the beach. Further comments were expressed on the need for a band shell and swimming pool at the other parks. 8.6 Dan Oyler, City Planner, presented the request by Kathryn Fitz to apply for vacation of certain right-of-way ar 4750 S S?' 27 Avente. He advised the Commission that r$0ill Allen, Growth Management Director, recommended to deny the request as the City needs the right-of-way to support drainage, utilities, water and sewer and 6' feet for future sidewalk improvements. Mr. Oyler advised that the petitioners built a porch without a permit and were stopped by Code Enforcement. Commissioner Hyde commented on the confusion with the County right-of-way and that the owners bought the property in good faith and were not aware that the front porch was over the right-of-way. Dan REGULAR MEETING L4 MARCH 8, 1994 Oyler suggested to table the requesr unril staff can meet with the County and come up vrith another solution. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to table the vacation request to the March 22 regsla,r meering. The motion passed unanimously. 8.7 City Manager Flatley reponed that the 93/94 budget included $600,000 in sales tax revenue bond proceeds to be used for Capital items and debt retirement of $155,000. In order to comply with the bond requirements, all of the proceeds mu$ be used for capital outlay and since the bond has been refunded and the City is not required to fund the debt service until the 95/96FY, the City can change the debt retirement to capital outlay. 8.8 IJTAS HEARD AFTER BSO DEPUTY OF THE MONTH PRESENTATION 8.8 Mayor Grace mentioned that she was unable to attend the March 15 workshop that was conduced with Lt. Anton and Chief Farley expressing concerns regarding crime and enforcement of City codes. She stated that she attended another meeting with Chief Farley and Lt. Anton where she was assured that BSO would enforce noise and loitering concerns and that she has evidence that BSO is still not enforcing Code requirements. Chief Farley, BSO, stated that the District compiled a Two-Phase Action Plan on February 17 based on the discussions from the February 15 workshop. Phase I was expected to last two to three weeks to initiate a warning program that involved personal contact with individuals who are loitering in the north west section of the City. BSO felt that this made good sense before taking action to make massive arrests. During the time frame from February 17 up to present, BSO issued 104 warnings and made 25 arrests. The arrests were predominately drug related and a quantity of narcotics and a hand gun were seized. Presently, District IX is working with the US Marshalls Office and ATF on an investigation of the Touch of Class Bar which involves licensing information and ownership. Phase II is beginning now and will involve loitering and trespassing arrests and is expected to take two weeks or more to obtain the planned affect ofthe operation. A large scale drug operation is planned within the next two weeks and Chief Farley stated that his deputies have been working very hard at this program and are conducting themselves in a professional manner. Mayor Grace questioned Chief Farley further on what is being done to enforce the City's laws and Chief Farley restated the actions by his deputies to distribute warnings to voluntarily comply. Commissioner Jones said that he understood that BSO was going to increase community policing in the Nonhwest area and didn't feel this was being accomplished. Commissioner Hyde felt that Chief Farley did not understand that Mayor Grace wanted a response on an incident that took place at the Touch of Class Bar over the weekend. Chief Farley advised that further information is needed and that he was not satisfied with the way the incident was handled. He stated that a repon will be provided to the Commission as soon as he can determine who in his depanment was responsible for dropping the ball. REGULAR MEEflNG 15 MARCH 8, 1994 Commissioner Bertino commented on the ongoing problem with trucks parking on Federal Highway and his feelings that deputies are not being educated on the City's code requirements. Vice Mayor Mikes suggested to conduct a workshop meeting to discuss the code problems. Chief Farley advised that handouts have been provided to deputies on the most common Dania Code offenses and Deputy Supervisors are being held responsible for the deputies enforcing the Code. Mayor Grace expressed her dissatisfaction that citizens are having to call Commissioners to try to get something accomplished by BSO and her feelings that tax payers should be given respect in this matter. Chief Farley encouraged citizens to call him directiy prior to going to a Commissioner so that action can be taken quicker and stated his availability to meet with citizens whenever they request it. Commissioner Jones stated the need for citizens to report crime to BSO under confidentiality protection. Chief Farley agreed and encouraged communication on mistakes that his department is making so that he may have an opportunity to make things right. THE CONSENT AGENDA \TAS HEARD AFTER ITEM 8.8 8.9 ITAS HEARD AFTER ITEM 8.7 8.9 Vice Mayor Mikes explained that several citizens have expressed concern for tax base loss if the Seafair propeny is used for the Florida Atlantic University ocean research center. He mentioned that the letter sent by the City to the Legislature regarding this proposal did not provide compensation for the loss of rax base, loss of parking revenue or the possibility of having a referendum conducted to allow the public to make the decision on how the public property should be used. Mayor Grace confirmed that a public meeting will be held so that FAU can present their proposal before an1'thing is accepted or denied to ensure that the public is made aware of the project. 8.10 A motion was made by Commissioner Benino, seconded by Commissioner Jones to adopt the resolution to enrer into a Hurricane Andrew Urban Reforestation Grant Memorandum of Understanding with the State of Florida, Deparcment of Agriculture and Consumer Services. The motion passed on the following ro11 call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Mikes - yes 9. APPOINTMENTS 9.7 Vice Mayor Mikes continued his appointment to the next meeting for the Memorials Committee. Mayor Grace appointed Jessie Davis for or,e year. She expressed concern that this board has not met in the past year and suggested that the Commission may want to consider disbandment. REGULAR MEETING 16 MARCH 8, 1994 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the appointment of Jessie Davis for one year to the Memorials Committee. The motion passed unanimously. 9.2 Mayor Grace reappointed Al Spies, Evan Leatherman, John Chamberlain and Earl Wxhington to the Airport Advisory Board. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve Mayor Graces' appointments to the Airport Advisory Board. The motion passed unanimously. Commissioner Benino and Vice Mayor Mikes continued their appointments to the next meeting. Commissioner Hyde appointed Tom Taggart. A motion was made by Commissioner Bertino and seconded to approve the appointment of Tom Taggart to the Airporc Advisory Board. The motion passed unanimously. 9.3 The appointment for rhe Code Enforcement Board was continued until a General Contractor can be found for this position. 9.4 Commissioner Jones appointed Perry Jackson for one year and Mayor Grace appointed Sterling Collins for one year to the Community Center Advisory Board. A motion was made by Commissioner Benino, and seconded, to approve the appointments. The motion passed unanimously. 9.5 Mayor Grace appointed Vito Mancino and Jean Cook to the Cultural Affairs Committee. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the appointments. The motion passed unanimously. 9.6 Mayor Grace appointed Sterling Collins and Anthony Stevens to the Downtown Redevelopment Agency for one year each. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the appointments. The motion passed unanimously. 9.7 Board. Mayor Grace appointed Bob Adams, Lou Gusdorff and Al Spies for one year to the Human Relations A motion was made by Commissioner Benino, seconded by Commissioner Hyde to aPProve the appointments. The motion passed unanimously. 9.g Mayor Grace continued her appointments of Thomas Sutton and Earl Washington to the Industrial Advisory Board to the nexr meeting. REGULAR MEEIING MARCH 8, 1994L7 Commissioner Jones appointed Irving l7arman for one year. After Vice Mayor Mikes advised Commissioner Jones that Mr. !0arman is moving, the Commission decided to continue Commissioner Jones'appointment to the next meeting. 9.9 Mayor Grace appointed Ralph Squeglia and Vito Mancino for one year to the Marine Advisory Board. Commissioner Bertino reappointed Lewis Webb and continued his second appointment. Commissioner Hyde reappointed Debbie Helmenger and Ted James. Commissioner Jones appointed Raymond Lair and continued his second appointment. Vice Mayor Mikes reappointed Bill $fosenitz and Charles Stevens. A motion was made by Commissioner Benino, seconded by Vice Mayor Mikes to approve the appointments. The motion passed unanimously. 9.10 Mayor Grace made a motion, after passing the gavel, seconded by Commissioner Hyde to appoint Howard Hirsch to the Occupational License Committee. The motion Passed unanimously. 9-12IOTAS HEARD AFTER 9.10 9.11 \TAS HEARD AFTER 9.12 9.11 Commissioner Bertino appointed Gloria Daly and Mayor Grace appointed Ernest Jackson to the Parks & Recreation Board. A motion was made by Commissioner Hyde, and seconded to approve the appointments. The motion passed unanimously. 9.12 \(AS HEARD AFTER 9.10 Vice Mayor Mikes reappointed Cliff Iacino for one year to the Planning & Zoning Board. Mayor Grace continued her appointment. A motion was made by Commissioner Bercino, seconded by Commissioner Hyde to aPProve the appointment. The motion passed unanimously' 9.11 ITAS HEARD AFTER 9.12 10. ADMINISTRATIVEREPORTS REGULAR MEETING 18 MARCH 8, 1994 CITYMANAGER 10.1 City Manager Flatley encouraged attendance at the Monkey movie on March 29,, 1994, at 7:OO p.m. at City Hall. 10.2 City Manager Flatley announced that Dania representatives will be attending Broward Day in Tallahassee on March 9 and 10. CITY ATTORNEY - no comments 11. COMMTSSTONCOMMENTS Commissioner Bertino - no comments Commissioner Hyde - no comments Commissioner Jones - no comments 11.1 17.2 11.3 Vice Mayor Mikes asked City Manager Flatley to check into a possible runoff problem on 5th Avenue in relation to the Natures Cove project. 11.5 Mayor Grace - no comments Thi6 reElular meetinEl adjourned. ayoFcomml City Clerk-Audltol REGULAR MEETING 19 MARCH 8, 1994 ll.4 Vice Mayor Mikes