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HomeMy WebLinkAbout1994-04-26 Regular City Commission Meeting MinutesMIilUTES DANIA CITY COMMISSIOI{ REGULAR MEETING APRIL 26, 1994 INVOCATION BY REV. LEWIS PLEDGE OF ALLEGIANCE MAYOR IIIIKES ADVISED THE PUBLIC THAT STUDENTS FNOM SEVERAL AREA HIGH SCHOOLS PARTrcIPATED IN "YOUTH IN GOVERNMENT DAY" AT DANIA GlrY HALL rODAY AND INCLUDED A MOGK COMTIISSION MEETII{G THAT WAS HELD PRIOR TO rHE COMMENCEMENT OF THIS REGULAR IIEEIING. R'RTHER COMMENTS WERE EXPRESSED BY EACH COMilIISSIONER COIIIMENDING THOSE STUDEilTS WHO PARTrcIPATED. ROLL GALL: 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 PRESENTATIONS 't1993 Tree Citv USA Award Dan Oyler, City Planner, introduced Thadius Hamilton, District Conservationist for the Broward County Soil & Water Conservation District, to present the City with the 1993 Tree City USA Award. Mr. Hamilton took a few moments to commend the Commission for their support of the "Youth In Government Day" program and the imponance of honoring the youth of today. 1REGULAR MEETING APRTL 26, 1994 Mr. Hamilton presented the City of Dania with the 1993 Tree City USA Award and Flag rePresenting Dania's outstanding contributions to environment education and beautification with the City's tree planting program. +Program of Excellence Award for Dania Elementary School. Ms. Tomanello, Dania Elementary School, introduced students who were given an opportunity to present their comments encouraging the protection of the environment Thadius Hamilton, District Conservationist for the Broward County Soil & u7ater Conservation District, advised that the "Goodyear Award" is being presented to the City of Dania for their outstanding coastal erosion program. He advised that Dania Elementary School students assisted the City in receiving the award for their plantings of coastal grass and plants on Dania Beach. Mr. Hamilton mentioned that the award wasn't ready for presentation tonight and that he would provide the award to Dania at a later date. *Broward Elementary Music Teachers Association award Ms. Kathleen Pendas, Collins Elementary, presented Commissioner Jones with the "Broward Elementary Music Teachers Association Award" for being Master of Ceremonies at the "Music in Our Schools" program that took place at the War Memorial Auditorium on March 23, 1994. Commissioner Jones expressed his appreciation for being presented the award. PULLED FROM THE CONSENT AGENDA Vice Mayor Mikes pulled items 1.5 and 1.11 and City Manager Flatley requested item 1.4. 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 and 1.11. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes 1.4 City Manager Flatley advised that the cities voted in 1990 to have the County take over Port Everglades and that the Interlocal Agreement between Fort Lauderdale, Hollywood 2 APRTL 26, 1994 *Broward County Soil & V'ater Conservation Board to present the City with the "Goodyear Award". '.. CONSENTAGENDA REGULAR MEETING and Dania is being presented tonight. FIe recommended to amend 3.l.lby adding "at no cost to the Cities" after hereto in the paragraph. City Attorney Adler stated that the Agreement is in order and that the City will continue with the same jurisdictional rights and that the amendment is just for clarification purposes. A motion was made by Commissioner Hyde, seconded by Commissioner Benino to amend the agreement in item 3.1.1 first sentence after the wording hereto by adding "at no cost to the Cities". 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 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt the resolution approving the Interlocal Agreement as amended with Hollywood, Fort Lauderdale, Dania and Broward County as it relates to jurisdictional matters at Port Everglades. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes 1.5 Vice Mayor Grace asked the Recreation Department to explain the safety aspects of the playground equipment being purchased under competitive bid No. 94-8-05 of Volusia County, Florida. Tim Tapp, Recreation Director, advised that Kristen Jones, Recreation Coordinator, conducted an in-depth study on a vxiety of playground equipment manufacturers and people who use playground equipment in order for her to recommend Gametime. Kristen Jones explained that Gametime was chosen because their equipment has no exposed hardware, the materials are recyclable, the special pin design deters dismantling, no clamp system on the equipment, warranty and insurance package, and the color and variety selection. She stated that park representatives and community members were involved in selecting Gametime out of six companies. Mike Rozos, Sales Representative for Hunt & Epshield Co. which represents Quality Industry Playgrounds, requested an opportunity to submit a bid for the purchase of the playground equipment based on the fact that Quality Industry is on the Volusia County contract. Mr. 3REGULAR MEETING APRIL 26, 1994 Rozos confirmed that the Gametime equipment is safe but questioned the warranty provisions with his company. A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to defer adoption ofthe resolution to the next regular meeting to allow Mr. Rozos an opportuniry to present information on his company's equipment to Kristen Jones. The motion passed on the following roll call vote: City Manager Flatley informed the public that Northside Garden Park and Byrd Park have been added to the list of parks for playground equipment and that the resolution has been increased from $80,000 to $100,000 to purchase playground equipment from the Volusia County Contract. 1.11 \flill Allen, Growth Management Director, explained the building encroachment that exists in the right-of-way on S1tr7 27 Avenue which is owned by Kathryn and Lawrence Fritz. Mr. Er Mrs. Fritz want to build a porch and a ramp on their property and the resolution will allow the encroachment to continue. City Attorney Adler advised that the resolution approves an agreement consenting to the encroachment and that the encroachment is all behind the curb line and does not interfere with the road, street or sidewalk. He stated that the City is not giving away any right-of-way and recommended approval. Commissioner Hyde clarified that this hardship was not imposed by the property owners or the City of Dania and that this is a simple solution to the problem. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt the resolution consentirg to the existing building encroachment on the right-of-w ry for S\l 27 Avenue, Dania, Florida, which property is owned by Kathryn Fritz & Lawrence E. Fritz, Husband and \ilife. Commissioner Benino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Bercino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes 4REGULAR MEETING APRTL 26, 1994 The motion passed on the foliowing roll call vote: 2. PROGLAMATrcNS 2.1. Mayor Mikes declared "Emergenry Medical Services W'eek" - May 15 - 21, 1994 2.2 Mayor Mikes declared "Arbor Day" - Apdl29,1994. 2.3 Mayor Mikes declared "Beach Safety ri(eek" - April 24 -3O, 1994 " Beach Safety Day" - Awil27,1994. 3, BIDS. 3.1 Tim Tapp, Recreation Director, advised that 80 RFP's were given out for the pier restaurant and that two proposals were received as a result of the advertised RFP. He explained that IMEX International submitted a proposal for a bait shop only and that Venice Pier Group submitted a complete package including a restaurant operation. City Manager Flatley requested permission to pursue negotiations with Venice Pier for the complete pier package and to reject the proposal from IMEX for the bait shop. Discussion followed on the annual revenues to expect from a pier restaurant and terms in the agreement. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to reject the bid from IMEX International Inc. as it does not include a restaurant proposal. The motion passed on the following roll call vote: A motion was made by Commissioner Hyde, seconded by Commissioner Jones to authorize staff to proceed with negotiations with Venice Pier Group, Inc. for a Sharkey's on the Pier Restaurant, Bait Shop and Pier Management combination proposal and preparation of a tentative proposed lease for further review by the City Commission at a May workshop. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Hyde - yes Vice Mayor Grace - yes 5REGULAR MEEIING APRIL 26, 1994 4. PUBLIC HEARINGS. 4.1. \flill Allen, Growth Management Director, explained that the text change ordinance amends language in the M-1 zoning district to allow a motocross park as a special exception use. The request was denied February 22,1994, and the reconsideration was approved on March 8, 1994. On April 9, 1994, a Commission workshop was held at the site and a demonstration was conducted on the noise generated from several types of motorcycles. Mr. Allen advised that once the ordinance is approved on second reading that site plan, special exception and variance requests would be submitted by South Florida Sports Committee, Inc. Mayor Mikes clarified that the request tonight is to address a text change amendmenr to the Code and not to allow a petitioner the opponunity to make a presentation for a motocross track. Mr. Allen mentioned that the petitioners could have requested a rezoning to M-2 because they have abutting property that is zoned M-2. The request for a special exception use in an M-1 distrio provides the City the opportunity to include conditions to the operation of the track. Tom Laubenthal, Landscape Architect for South Florida Sports Committee, Inc., explained that his company has spent a lot of money to go with the special exception use in an M-l district instead of the zoning change to M-2 for the best interest of the City. Further comments were presented on the efforts made to conduct noise testing, submit pertinent information and adhere to City requirements for the motocross track. Brian Penick, South Florida Spons Committee, Inc., expressed appreciation for being given the opportunity to conduct the noise demonstration on April 9 and was available for any questions regarding the text change request. Mayor Mikes opened the public hearing. A citizen who did not idertify himself came forward to oppose the motocross track based on existing airpon noise and since the City is spending so much money on fighting the airport exPansron. Frank Ohlsson mentioned that the proposed site is right under the runway where jets are landing and that the noise from the airplanes will absorb the noise from the motorrycles. He stated that the motorcycle noise cannot be compared to the noise imposed by the airplanes. Ann Winters felt that the Commission voted the request down once and that the reconsideration should never have been allowed. She encouraged the Commission to deny the ordinance and protect the residents who will be impacted directly by the project. Peggy Breeschoten advised the public that the test results have proven that there is no noise impact to the residents and that there is a greater need to help young people to have a 6REGULAR MEETING APRTL 26, 1994 recreational facility to enioy. She recommended to approve the facility on a trial basis to see how it works out. Clyde Taylor clarified that the motocross cycles are brought in by cars because they do not have headlights and tags and not because they are so noisy as stated previously. He reminded the public that the site was previously a dump site and that the petitioners have gone through a lot to clean up the site and that the proposed development will be good for the City. Jay Field, Airport Advisory Board, stressed his dissatisfaction thar rhe Commission reconsidered the motocross track again after denying it the first time. He cautioned rhe Commission on the danger with crowds of people congregating on the site since an airport runway is so close and recommended denial. Ben Gonzalez stressed the need for the public to realizn that motocross racing is a family oriented recreational activity and provides a healthy alternative for teenagers from walking the streets. Greg Glover felt that the track will be good for the city and residents and encouraged apProval. Clare Frost encouraged approval of the motocross track based on the location being ideal for this type of use. Hugo Renda reminded the public that there was a noise demonstration conducted at the site and that it proved that there is no noise impact to residents. Mr. Renda felt that the track will benefit Dania in many ways and recommended approval, Juanita King spoke in favor based on her feelings that the site will be beneficial to the community and young people. Rose Lizana mentioned that she was against the request in the beginning until she attended the noise demonstration on April 9. She found that motocross racing promotes a family environment and encouraged the Commission to allow the facility to operate on a trial basis. Hearing no further comments, the Mayor closed the public hearing. Vice Mayor Grace said that the noise demonstration reassured her that the neighborhood will not be impaced by the motocross racing and that she is now in favor of the track after realizing the en.joyment that people of all ages obtain from the spon. Commissioner Jones agreed that after further consideration and witnessing the noise demonstration that he now feels that the project will benefit the community and promotes family enjoyment. 7REGULAR MEETING APRIL 26, 1994 Commissioner Bertino stressed his approval of the project but thought that it would be beneficial for staff to obtain the safety rating for the site from the FAA based on the safety concerns for the track being near the ntnway. Mayor Mikes mentioned that noise, safety and compatibility are the key issues to take into consideration and that the motorcycles could become a nuisance in the future to the residents in the area. Commissioner Hyde mentioned that he lives in the area and would not vote for anything that would be a detrement to the neighborhood. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt the ordinance @T-19-93) on first reading amending Section 39-1040 of Article LXII of the Broward County Zorurrg Code as adopted by ordinance No. 33-91; by adding a new section 39-1040.1 thereto to provide a special exception use for motocross parks in Light Industrial (M-1) districts. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - no Commissioner Hyde - yes Vice Mayor Grace - yes MAYOR MIKES ADVISED THAT THE CITY COMMISSION MUST ADJOURN AT THIS TIME FOR A SPECIAL SESSION TO DISCUSS ISSUES IX{TH THE CITY'S ATTORNEYS REGARDING THE AIRPORT LITIGATION. CITY ATTORNEY ADLER ADVISED THAT THE SPECIAL SESSION SHOULD LAST ABOUT 30 MINUTES AND THAT A TRANSCzuPTION OF THE MEETING ITILL BE AVAILABLE TO THE PUBLIC AFTER THE LITIGATION IS RESOLVED. 5. CITIZENS'COMMENTS City Manager Flatley agreed that there is a need for more to be done in the Downtown District but clarified that the City has made effons to produce brochures, banners, and flowers to assist business. He mentioned that the City was also involved in the formation of the Antique Association and allowed those meetings to be held at the City Hall to help out. 8REGULAR MEETING APRIL 26, 1994 5.1 Sandy Cimaglia, Carousel Antiques, requested the Commission to consider the need to upgrade the Downtown District with sidewalks, canopies, lights, landscaping, and brick pavers. She informed the Commission that the City could use ideas from other cities like Ft. Lauderdale, Lake Wonh and Nonh Miami on how they upgraded their business communities. She encouraged the idea of hiring a public relations person to promote Dania's businesses and for Dania to retain its reputation as "Antique Center of the South". The Commission agreed to have staff obtain further information from other ciites on how they upgraded their downtown districts and to include this to a workshop meering for further discussion. SITE PLANS - none EXPENDITURE REQUESTS 6 7 7.1 over an City Manager Flatley said that the March invoice from Cunis Er Curtis was checked d recommended approval. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the March invoice from Curtis & Curtis in the amount of $11,906.65 for airpon related services. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - no Mayor Mikes - yes 7.2 A motion was made by Commissioner Benino, seconded by Commissioner Hyde to approve the April invoice from Curtis & Curtis in the amount of $2,995.00 for airport related servlces, The motion passed on the following roll call vote, Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - no Mayor Mikes - yes 7 .3 City Manager Flatley requested to continue the discussion on the final payment to M. Bone, Inc. to the next meeting. A motion was made by Commissioner Benino, and seconded to continue the expenditure request for {inal payment to M. Bone, Inc. for the construction ofthe dock at the LT. Parker Community Center to the May 10, 1994, regular meeting. 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 9REGUUTR MEETING APRTL 26, 1994 8.1 Chief Grammer advised that the Dania Fire Depanment has to send EMT/Paramedics to facilities outside the City for them to keep up with licensing and CEU requirements. Since the Fire Department has qualified people on duty to conduct training sessions, he recommended to enter into a partnership agreement with EMSA @mergency Medical Services Association) to establish a skills facility. He felt that rhis could save rhe City money in the training budget and that revenues could be increased by outside students attending the facility. Discussion followed on the costs to the City for staff to attend college courses for these services and liabiliry concerns from other city personnel attending Dania's facility. Chief Grammer advised that the City pays an estimated $14,000 to $20,000 a year for EMS Certifications and that the facility could save some of these costs. After discussion on the terms of the agreement not being clear, a motion was made by Commissioner Hyde, seconded by Commissioner Benino to defer the request to the next regular meeting on May 10, 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 8.1.2 Chief Grammer explained that A.A.R.P. is a Federal program that places senior citizens in the work force. He is trying to obtain four clerical workers for light typing and filing and this will not cost the City anything. The Commission agreed that this is a good idea and no further aoion was needed. 8.1.3 Chief Grammer advised that his department is attempting to apply in Jdy lor 75/25 Brant funds that could possibly provide one rescue unit, computer programs, 12 radios for use at major incidents and a public education program. 8.2 Dan Oyler, City Planner, informed the Commission that the final repon for the Bathametric Survey of the Dania Cut-Off Canal has been received from Coastal Technology and that there is a very shallow area from Sri( 27 \[ay running ]rest to the City limits. It has been determined that the bank on the north side has sluffed in and caused shoaling. The South Florida \tr(ater Management District issued a permit to the company that developed the Pon 95 (Alandco) properry and the SFW'MD permit provided a special condition that can require the property owner to reescavate the canal to it's pre-existing depth. Mr. Oyler said that pre-existing cross sections show that there was water anfwhere from 5 to 7 feet and now 2 to 3 feet or greater of shoaling exists in the area. The cost estimate to dredge the canal would be around $290,000 in materials and $30,000 in permitting. He recommended to send REGULAR MEETING 10 APRTL 26, 1994 8. DISCUSSION AND POSSIBLE ACTloN the letter included in the agenda backup to the South Florida Vater Management District in Palm Beach encouraging them to enact the special condition on the property owner of the Pon 95 property before pursuing grant funds or spending City funds to resolve the problem. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the recommendation by Dan Oyler and direct City Manager Flatley to send the letter to the South Florida \7ater Management District regarding the Dania Cut-Off Canal. 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 8.3 lVill Allen, Growth Management Director, presented the annual request by Al Behrendt to erect canopies for the Dania Marine Flea Market with the Fire Department conducting all routine investigations. A motion was made by Commissioner Benino, seconded by Commissioner Hyde to approve the request to erect canopies for the Dania Marine Flea Market to be held May 6 - 8, 1994. 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 8.4 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to direct the City Manager to send a letter to Broward County Traffic Engineering requesting a three-way stop sign for NE Second Street and Gulfstream Road. Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes 8.5 Alex Buchsbaum, Human Relations Board, read a letter from the board expressing concern on the lack of interest and input from residents and city officials in the function of the Human Relations Board. The letter clarified that the Human Relations Board was created to promote harmony, to mediate disputes between factions of the community and between residents and the police and to act as liaison between citizens and the government. The letter encouraged City Officials to utilize the board when problems arise within the City. REGULAR MEETING t.APRIL 26, 1994 The motion passed on the following roll call vote: Commissioner Hyde commended the board members for their assistance in preparing the proposed city directory. Mike Smith, Personnel Director, asked the Commission to review the draft for any changes for eventual printing and it was agreed to allow a couple of weeks for review by the Commission. 9. APPOINTMENTS 9.1 The two appointments to the Airpon Advisory Board were continued to the nexr regular meeting of May 10. 9.2 The appointment to the Human Relations Board was continued to the next regular meeting of May 10. 9.1 The two appointments to the Marine Advisory Board were continued to the next regular meeting of May 10. 10. ADMINISTRATIVEREPORTS CITY MANAGER 10.1 City Manager Flatley commented on the items to be discussed at the workshop meeting on May 3. CITY ATTORNEY - none - 11. COMMISSIONCOMMENTS 11.1 CommissionerBertino At Commissioner Bertino's request, City Manager Flatley reported that the owner of the Publix Shopping Center is in bankruptcy and that the City has been forced to maintain the landscaping along the wall. \tr7ill Allen, Growth Management Director, advised that the owner has been cited by the Code Enforcement Board and the level of cooperation has not been good. Mr. Allen agreed to get with City Attorney Adler on the bankruptcy documentation to determine receivership. Mr. Allen advised that he would be receiving a constmction schedule on the Olsen Middle School construction progress shortly. Commissioner Bertino mentioned the need for a public relations person to be hired to assist in the City's 90th Birthday Celebration and Mr. Flatley said that the item has been included on the workshop meeting on May 3. Vice Mayor Grace said that Mr. Flakes'letter specified what the City could expect to gain in revenues with the sale of promotional items like T-shirts and posters and that he would not be charging for his services. t2REGULAR MEETING APRIL 26, 1994 11..2 CommissionerHyde Commissioner Hyde advised that the \(hitbread Boats are in town and that the national and round-the-world coverage of the event will benefit Dania. 11.3 CommissionerJones Commissioner Jones asked City Manager Flatley to have two lights repaired on NW 8th Avenue near the Church of God and expressed his satisfaction with the progress made at the Public \fforks Facility. 71.4 Vice Mayor Grace Vice Mayor Grace turned over a letter to Chief Farley, BSO, relating to the crime in the northwest section and asked that he respond to the young man who wrote the letter. She requested to be provided with a copy of the reply so she can follow-up. Further commendations were expressed to the young people who participated in the "Youth In Government Day" and the importance of educating young people in Government matters. Vice Mayor Grace advised that the Gx/en Cherry'Women's Caucus presented her with a "Women in Distinction Award" and that 57 females who are in government were honored at that affair. Vice Mayor Grace commented on upcoming events that the Cultural Affairs Committee will be holding at the Beach on May 15 and May 22 nd her involvement in the MDA fund raising program that raised $680.00. On April 30, she is being honored by the Negro 'Jfomen's Business & Professional Organization along with Sylvia Ponier, Broward County Commissioner, Marion Olaphant, Vice Chairperson on the School Board, Mandy Dawson, State Representative, and Dr. Orr. 11.5 Mayor Mikes Mayor Mikes suggested to include fulI size oleanders to the landscaping at the Publix Shopping Center to help hide the wall and recommended to extend the sidewalk on 5th Avenue. He mentioned that there has been an increase in accidents on 5th Avenue/Dania Beach Boulevard and that a traffic light may be needed. Further comments related to boat speed problems along the canal and whether staff should be directed to take construction pictures on the pier progress for insurance purposes. Mayor Mikes mentioned the positive results of the "Youth In Government Day" and the need for better voter registration. REGULAR MEETING 13 APRIL 26, 1994 Commissioner Jones asked that the City send condolences to the Herbert Penn family and to include the use of credit cards by Commissioners to the May 3rd workshop. fhis regular meetinEl adjourned. MayonGommissioner City Glerk-Auditor REGULAR MEEIING t4 APRIL 26, 1994