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HomeMy WebLinkAbout1997-05-13 Regular City Commission Meeting MinutesMINUTES DANIA CITY COMMISSION REGULAR MEETING MAY 13, 1997 7:30 P.M. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE *Reverend Richard Thigpen, Greater Mt. Zion AME Church ROLL CALL Present: Mayor: Vice Mayor: Commissioners City Manager: City Attorney: City Clerk: Bob Mikes Jim Cali John Bertino John Etling Bill Hyde lvlike Smith Frank Adler Marie Jabalee .BSO Deputy of the Month Chief Frey stated that Deputy Ron Miller was being awarded Deputy of the Month for April 1997 for his outstanding job performance during the months of March and April. Chief Frey stated that this month's award was being presented in recognition of continual exemplary performance. Chief Frey stated that over this two month period, Deputy Miller had arrested over 60 criminals in the community and his knowledge of his patrol zone has made him effective in accomplishing the mission of District ll. He also stated that Deputy Miller goes to great lengths to get to know the children and adults in the community and is a member of the bike patrol. City Manager Smith pulled ltems 1.16 and 1.17 from the Consent Agenda; Vice Mayor Cali pulled ltem 1.11;Commissioner Hyde pulled ltem 1.'19 and Mayor Mikes pulled ltems 1.7 and 'l .8. 1. CONSENTAGENDA Minutes:1.1 Approval of minutes of the Regular Meeting of February 25, 1997. 1REGULAR MEETING May 13, 1997 PRESENTATIONS: Bills: 1.2 Approval of bills for the month of March 1997. Resolutions:1.3 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THE NINTH MEMBER TO THE POLICE AND FIRE PENSION BOARD TO SERVE UNTIL THE TERM EXPIRES 12:00 NOON, MARCH '16, '1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE. " (Staf0 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE 'DANIA ECONOMIC DEVELOPMENT BOARD" AND'DOWNTOWN REDEVELOPMENT BOARD' TO SERVE UNTIL THEIR TERMS EXPIRE 12:00 NOON, MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (Staff) 1.5 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS BOARD TO SERVE UNTIL THEIR TERM EXPIRES 12:00 NOON, MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (Staff) 16 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD TO SERVE UNTIL THEIR TERMS EXPIRE 12:00 NOON, MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FoR EFFECTIVE DATE.' (Staf0 19 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MARIE JABALEE AS FINANCE DIRECTOR/CITY CLERK; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE., (Staff) 1.10 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING ROBERT PALM AS UTILITIES/PUBLIC WORKS DIRECTOR; PROVIDING FOR COMPENSATION FOR SUCH APPoINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' 2REGULAR MEETING May 13, 1997 (Staff) 112 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING KENNETH LAND AS ACTING FIRE CHIEF; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) '1 13 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE PURCHASE OF THE EURODRIVE UNIT ON THE WEST EXCELATOR AT THE WATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.14 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR THE FURNISHING OF PLAN REVIEW AND INSPECTION SERVICES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTTVE DATE." (staff) 1 .'t5 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE TRI- PARTY DEVELOPMENT PROJECT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, BROWARD COUNTY AND THE CITY OF DANIA UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM KNOWN AS THE DANIA CUT-OFF CANAL MAINTENANCE PROJECT NO. B97OO5; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' (staffl 1.18 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ENCOURAGING COUNTIES AND MUNICIPAL GOVERNMENTS WTHIN THE STATE OF FLORIDA TO SUPPORT THE RECENT CHANGES TO FLORIDA STATE STATUTES REGARDING DISABLED PARKING; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali to approve the Consent Agenda excluding ltem 1 .7, ltem 1 .8, ltem '1 .1 1 , ltem 1 .16 and ltem 1.17. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - yes .)REGULAR MEETING May 13, 1997 1.7 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MICHAEL W. SMITH AS CITY MANAGER; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) A motion was made by Commissioner Hyde, seconded by Commissioner Etling to approve the resolution. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Etling - yes Commissioner Hyde - yes Vice-Mayor Cali - yes Mayor Mikes - no 1.8 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING FRANK C. ADLER AS CITY ATTORNEY; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) Mayor Mikes stated that this was a critical position forthe City and suggested the need for additional help to handle the work load. Mayor Mikes was concerned with conflicts of interest with other attorneys. A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino to approve ltem 1 .8. Commissioner Hyde commended Frank Adler in his position as City Attorney. The motion passed on the following roll call vote Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - yes 1.11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MONICA GRIFFITH AS PERSONNEL DIRECTOR; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 4REGULAR IVIEETING May 13, 1997 Vice-Mayor Cali stated his dissatisfaction with Monica Griffith's performance regarding the lack of notification about candidates for Growth Management Director, the RFPs that were requested for the compensation of city workers and complaints from several city employees about how health insurance benefits were handled. Mayor Mikes commented that part of the responsibility and accountability of Department Heads falls on the City Manager. Commissioner Etling stated that the City Manager has the authority to direct the Department Heads but he doesn't have the authority to fire them. Commissioner Bertino stated that the City Manager has the recourse to recommend to the Commission the firing of a Department Head. Commissioner Bertino also stated that he has received complaints from many employees who have been very discruntled with the health benefits. City Manager Smith advised that the level of benefits had not changed, only some procedural changes had been made. Mr. Smith felt that Ms. Griffith was being very professional in dealing with the employees but thought that there might be some personality issues. A motion was made by Commissioner Bertino, seconded by Mayor Mikes to direct the City Manager to work with the Personnel Director, review the problems, find solutions and report back to the Commission at the next meeting. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Etling - no Commissioner Hyde - no Vice-Mayor Cali - yes Mayor Mikes - yes 1.16 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TRI-PARTY AGREEMENT BETWEEN BROWARD COUNTY, COONAS PROPERTY COMPANY AND THE CIry OF DANIA FOR THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF A DRAINAGE EASEMENT; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR AN EFFECTIVE DATE., (Staf0 City Manager Smith advised that this item was not ready at this time. 1.17 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CSX TRANSPORTATION, INC., AND THE CITY OF DANIA COVERING RAILROAD REII\iIBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES AT REGULAR MEETING May 13, 1997 CITY EXPENSE; SUBJECT TO APPROVAL BY BROWARD COUNTY OF THE TRI.PARTY AGREEMENT, BETWEEN BROWARD COUNTY' COONAS PROPERTYCOMPANYANDTHECITYOFDANIA,RELATINGTOTHEUSEOF BRoWARDCoUNTYRoADWAYIMPACTFEESFoRRoADIMPRoVEMENTS AND GRANT OF DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE." (Stafr) City Manager Smith advised that this item was not ready at this time' I.Ig"ARESoLUTIoNoFTHECITYoFDANIA,FLoRIDA,RECoMMENDINGTHE SOUTH RUNWAY REMAIN A GENERAL AVIATION RUNWAY AND ONE OF THENORTHRUNWAYALTERNATIVESBECONSTRUCTED,WHICHWOULD MINIMIZETHETHREATToTHEPUBLICHEALTHANDSAFETYoFDANIA RESIDENTS BY THE PROPOSED PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE " (MaYor Mikes) Mayor Mikes stated that the intent of the resolution was to Say that Dania,s primary responsibility is the protection of public health and safety' commissioner Hyde was not comfortable with the wording in the last paragraph on the first p"g";'WHEREAS, the county aviation department has dealt with the City of Dania on a bad faith basis in the "Trail's End" parcel and has yet to proceed with the "buffer" planning and construction " Victor Lohmann, Airport Advisory Board, urged the city commission to take action on the resolution before the DRI order is approved at the County level' After discussion, a motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve ltem 1.19 as amended by deleting the paragraph "\A/hereas the county has put tremendous pressure on the City to ignoL puUlic health and safety concerns." and by changing the last paragraph on tie firsi page as follows: "WHEREAS, the City of Dania wishes to express it's concern of the status of the "Trail's End" parcel and the County's failure to proceed with the "buffei' planning and construction." Vice-Mayor Cali stated that he would not vote in favor of this item since he was not provided the information in enough time to review it. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - no 2 PROCLAMATIONS 2.1 Declaring May 15, 1997, as "Team Dania Day." City Manager Smith read the proclamation in its entirety. t]REGULAR MEETING May '13, 1997 2.2DeclaringMaylSlo24,lggT,as..EmergencyMedicalServicesWeek.'' City Manager Smith read the proclamation in its entirety' 2.3 Declaring May 22, 1997, as "Maritime Day'" City Manager Smith read the proclamation in its entirety' 8:00 P.M - PRIVATE SESSION REQUEST AND NOTICE FOR PRIVATE SESSION OF CITY COMMISSIONERS AND ATTORNEYS REPRESENTING CITY REGARDING PENDING LITIGATION BETWEEN FLORIDA POWER & LIGHT CO. V. CITY OF DANIA' Mayor Mikes advised the need to hold the meeting regarding the FPL substation ap[eal and stated that it would take approximately 30 minutes' The Regular Meeting temporarily adjourned at 8:1 5 p m for the private session and reconvened at 8:52 P.m' ITEM 4.5 WAS HEARD AT THIS TIME. BIDS 3.1 Award of bid for NW 1 Street Bridge at C-10 Canal' A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to award the bid to Redlands Construction. Kevin Mccabe, coastal Systems lnternational Engineers, stated that four bids had been received for the renovation of the bridge. Mr. McCabe stated that the low bidder was deemed non-responsive by Broward county, and the next low bid was for $161 ,000 from Redlands construction. Mr. McCabe reminded the commission that the amount of $150,000 is being allocated from Community Development Block Grant funds. During the evaluation process, Mr. McCabe was able to reach an agreement with Redlands to revise some utility and sidewalk issues and reduie the price to $152,500. Mr. McCabe reported that Redlands Construction is a very reputable firm and is confident in their ability to perform the work within the time frame. Mr. McCabe's recommendation was that the bid be awarded to Redlands Construction. Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - yes 7REGULAR MEETING May 13, 1997 The motion passed on the following roll call vote: 4, PUBLIC HEARINGS 4.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ORDINANCE NO. 02.97 AS PASSED AND ADOPTED ON FEBRUARY 25, 1997, TO EXTEND THE MORATORIUM PROVIDED THEREON TO JULY 31, 1997, AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE) (StafD city Manager smith advised that the moratorium is to prohibit the construction of any towers within the city until all proposed ordinances have been reviewed by legal staff. Mayor Mikes opened the public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice- Mayor Cali to approve ltem 4.1 . The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Etling - yes Commissioner Hyde - no Vice-Mayor Cali - no Mayor Mikes - yes 4.2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ARTICLE 3, SECTION 1 OF PART XI OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF A CHAIRPERSON AND VICE-CHAIRPERSON FOR EACH ADVISORY BOARD OF THE CITY; PROVIDING FOR THE ADOPTION OF BY- LAWS, KEEPING OF MINUTES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE) (Statf) Mayor Mikes opened the public hearing. Bob Adams was opposed to removing the requirement that board members be Dania residents. Bobbie Grace was also opposed to allowing non-residents to serve as board members. Mayor Mikes closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Etling to approve the ordinance as amended by deleting "or Broward County who are engaged in business in the City of Dania" in Section 1. 8REGULAR MEETING May 13, 1997 The motion passed on the following roll call vote: Commissioner Bertino- Yes Commissioner Hyde - Yes Mayor Mikes - yes Commissioner Etling - Yes Vice-Mayor Cali - no 4.3ANoRD|NANCEoFTHECITYoFDANIA,FLoRIDAAMENDINGARTIoLEVI' CHAPTER 2 OF THE CODE OF ORDINANCES, ENTITLED MARINE ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT OF ITS MEMBERS AND OFFICERS; PROVIDING RULES OF PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE (SECOND READING OF ORDINANCE) (StAff) A motion was made by commissioner Hyde, seconded by commissioner Etling to adopt the ordinance as amended by requiring members to be Dania residents and by ihanging the wording in Section 2. to read "lt is recommended that the Marine Advisory Board use the following "Rules of Procedure". Vice-Mayor Cali felt that marine businesses pay taxes and that representatives from these businesses should have input on the Marine Advisory Board' commissioner Hyde stressed the need to appoint Dania residents and didn't feel that appointments would be difficult since there is a very strong Marine Trade Association in Dania. Mayor Mikes opened the public hearing. Bob Adams stated that any board would be foolish not to accept input from non- resident members of the community who have expertise in that area of the board. Albert Jones spoke in opposition of allowing non-residents to sit on the Marine Advisory Board but encouraged input from those involved in the marine business. Bobbie Grace spoke in opposition of allowing non-residents to be appointed but had no problem with non-residents providing their input to the boards' Hearing no further comments, Mayor Mikes closed the public hearing. Commissioner Etling stated the need to retain the citizen requirement on all boards because the Commission is accountable to the citizens first. Mayor Mikes asked for a roll call on the amended ordinance. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - no IREGULAR MEETING May 13, 1997 4.4 Reconsideration of VA-32-96 - Petitioner: Kenneth M. Meyer, P.A. - Owner Frank A. Jose; property located at 129 NW 4 Avenue. A request for variance from the provisions of the Dania Zoning Code Section 4-202 lo allow a 12' x 27 .50' or 330 sq. ft. addition to commercial building dba/ Frank's Custom Paint and Auto Body. Kenneth Meyer, was representing Frank A. Jose. Mr. Meyer advised that this was an existing storage facility for auto parts and a clean-up area. Mr. Meyer stated that the existing business had been improved and the continued use ofthe storage facility would allow for better cleanup. Mr. Meyer also stated that the Planning & Zoning Board recommended approval of the change. Leigh Kerr, Planning Consultant, explained that the building has been existing for many years but must be brought up to code. Mr. Kerr stated that a variance for setback requirements must be granted or the structure would have to be demolished. City Manager Smith recommended that the applicant be prohibited from parking vehicles on the public swale directly across from the property. Mayor Mikes opened the public hearing. Bobbie Grace spoke in favor of this request and suggested that landscaping be req uired. Mayor Mikes closed the public hearing. A motion was made by Vice-Mayor Cali to approve the variance request as recommended by the Planning & Zoning Board. The motion died for lack of a second. Mayor Mikes suggested that the building be torn down and rebuilt with the proper setbacks and that a site plan for landscaping improvements be approved. Ken Koch advised that as a non-conforming use, this structure cannot be enlarged in any way unless the variance is approved. A motion was made by Vice-Mayor Cali, seconded by Commissioner Hyde to approve the variance with the condition that a site plan be approved within 60 days or the building would have to be demolished and that there would be no parking on the swale across the street and no servicing of cars outside the perimeter. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Commissioner Etling - yes Vice-Mayor Cali - yes REGULAR MEETING 10 May 13, 1997 Mayor Mikes - yes 45 Zoning Text Change (TX-34-96) Amendment - Petitioner: James Brady - Owner: Lionel N. Jadoo, New Care Health Corporation (REOUEST BY PETITIONER FOR EXTENSION) Dick Coker requested that this item be continued until the last meeting in June, in order for them to make a further presentation to the neighborhood to resolve the differences that exist. Mayor Mikes opened the public hearing to the public. Albert Jones stated his opposition to this request and complained about the postponement of this item since January. He stressed the need for the Commission to protect this neighborhood. Veta Mae Peterman stated her opposition to the request and reminded the Commission that the neighborhood had been designed for single family homes Rholanda Higgs Rule was disturbed that the neighbors were not notified of the extension and expressed her opposition to the request. Rose Middleton stated her opposition to the request. Ms. Armstrong stated her opposition to the request and asked the Commission to consider the residents in the area. Commissioner Etling was concerned about continuing the hearing until June 24. The date of June 10 was suggested. A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino to grant the extension and continue this item to June 10. The motion passed on the following roll call vote Commissioner Bertino- yes Commissioner Hyde - no Mayor Mikes - yes ITEM 3.1 WAS HEARD AFTER ITEM 4.5. SITE PLANS ITEM 8.4 WAS HEARD WTH ITEM 5.1A AND 5.1b Commissioner Etling - yes Vice-Mayor Cali - yes ( REGULAR MEETING 11 May '13, 1997 5.1a Revisitation of VA-21-86 - Petitioner: Michael L. Thomas - Owner: Robert Krilich; property generally located at the NE quadrant of Stirling Road and l- 95. (Proposed site for Fairfield Suites Hotel) Variance was approved 3125186 to allow a maximum building height of 160' (maximum 40' allowed) subject to F.A.A. and Broward County Aviation approval and subject to revisitation after 1 year. Mr. Nein calculated that 69% of the trees would be preserved on the site and stated that 29 trees would be removed and 57 would not be disturbed. Mayor Mikes suggested that taller Royal Palm trees be used instead of Queen Palms as designated on the landscaping plan. Mr. Nein agreed that Royal Palms or Washingtonian trees would be acceptable. ln response to Mayor Mikes, Mr. Nein confirmed that 46 large Oak trees would remain on the site. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to approve ltem 5.1a. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Bertino- yes Commissioner Hyde - yes REGULAR MEETING Commissioner Etling - yes Vice-Mayor Cali - yes Commissioner Etling - yes Vice-Mayor Cali - yes 12 5.1b SP-05-97 - Petitioner: Michael L. Thomas - Owner: Robert R. Krilich for property located at the northeast corner of lnterstate 95 and Stirling Road. Request for site plan approval for a Fairfield/Marriott Suites Hotel containing 152 rooms in a single structure with one level of underground parking. A motion was made by Commissioner Hyde, seconded by Vice Mayor Cali, to approve ltem 5.1b with the condition that Royal Palm trees be used instead of Queen Palms due to the height of the proposed building. The motion passed on the following roll call vote May 13, 1997 Brett Nein, CCL Consultants, representing Michael Thomas and Stirling Hotel Management, explained the site plan to develop a six-story Quality All Suites Hotel. Mr. Nein stated that the proposed hotel meets the city's height requirements but the number of stories exceeds the zoning district requirements. Mr. Nein explained that the access would be provided currently from SW 1B Court but future plans may include developing the property to the north creating a single access from Stirling Road" 6 Mayor Mikes - yes ITEIVI 8.6 HEARD AFTER ITEM 5.1b CITIZENS, COMMENTS: COMMENTS BY DANIA CITIZENS oR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN lN WRITING OR COMMUNICATED VERBALLY PRTOR TO 4:00 p.M. THE SECOND AND FOURTH MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY GOMMISSION DURING THE MEETING. 6.1 Anthony Troncone - Discussion of easement on north side of Dania Beach Boulevard - Motel 6 to bridge to add sidewalks or bike path. Mr. Troncone was not present. Beulah Lair commended the Public Works Department on the landscaping in the median on Dania Beach Boulevard. EXPENDITURE REQUESTS - none DISCUSSION AND POSSIBLE ACTION Discussion of recommendations from Charter Review Board. (Vice-Mayor Cali) Vice-Mayor Cali felt that the Commission should adopt and implement the recommendations put forth by the Charter Review Board. The Commission agreed to workshop this issue. 8.2 Selection of Growth Management Director. (Commission) *Terry Virta*Sheryl Bower*George M. "Skip" Grkovic A motion was made by Commissioner Bertino, seconded by Mayor Mikes after passing the gavel to hire Terry Virta as Growth Management Director. A substitute motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali, to hire Sheryl Bower as Growth Management Director. The motion failed on the following roll call vote: 7 I 8.1 Commissioner Bertino- no Commissioner Hyde - yes Mayor Mikes - no Commissioner Etling - no Vice Mayor Cali - yes REGULAR I\iIEETING 13 tt/lay '13, 1997 The following roll call vote was taken on the first motion to hire Terry Virta Commissioner Bertino- yes Commissioner Hyde - no Mayor Mikes - yes Commissioner Bertino- yes Commissioner Hyde - no Mayor Mikes - yes Commissioner Etling - yes Vice-Mayor Cali - no Commissioner Etling - yes Vice-Mayor Cali - no .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TERRY VIRTA AS GROWTH MANAGEMENT DIRECTOR; PROVIDING FOR COMPENSATTON FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali to adopt the resolution appointing Terry Virta and setting compensation at $55,000. The motion passed on the following roll call vote: City Attorney Adler stated that this issue was a civil matter and must be resolved by the courts. ITEM 8.5 WAS HEARD AFTER ITEM 8.3. 8.4 Request by Broward County Audubon Society to discuss Fairfield lnn Development at Stirling Road and l-95. (David M. Forman) With regards to agenda ltem 5.1a and 5.'lb, Mr. David Foreman, President of the Broward County Audubon Society, requested that the Commission respect the trees on the adjoining property which could creatively enhance the appearance of the place and urged the Commission to preserve the native trees and vegetation on the site while considering the approval of the proposed development. 8.5 Discussion of recommendations from Airport Advisory Board regarding proposed development order related to Hollywood-Fort Lauderdale lnternational Airport. (Victor Lohmann, Chairman) REGULAR IVIEETING 14 May 13, 1997 8.3 Discussion and possible action to authorize expenditure of funds to conduct surveys to resolve dispute between Paoli Construction and Chesto. (Ken Koch) Victor Lohmann complained that the county only sent 700 notices to Dania, Davie & Hollywood residents combined, regarding the County Planning & Zoning Board meeting in April. Mr. Lohmann felt that the County should not take action on this very important issue without proper notification to the community. City Manager Smith advised that the County did follow state statute requirements by notifying residents within 300 feet of subject property. Mr. Smith also stated that the City was represented at the Regional Planning Council and would have proper representation at the County Commission Meeting. Mr. Lohmann asked that appointments be made to the Airport Advisory Board. Mr. Lohmann was advised that the new Growth Management Director would be the liaison for the Board. ITEM 8,7 WAS HEARD AFTER ITEM 8,5 ITEM 8.6 WAS HEARD AFTER ITEM 5.1b 8.6 Request by DEDC to waive permit and impact fees for DEDC's Senior Citizens Housing Complex. (Jerry Carter) City Manager Smith advised that the amount of fees to be waived for permits, certificate of occupancy, fire inspection and public safety would total $4,229. Mr Smith also stated that the impact fees of $22,000 could not be waived by law. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali to waive the fees in the amount of $4,229.00 pending submission of financial statements from DEDC. The motion passed on the following roll call vote: Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes 8.7 Commissioner Etling - yes Vice-Mayor Cali - yes ITEM 6.1 WAS HEARD AFTER ITEM 8.6 Discussion of requests for assistance from American Legion Post 304 for Memorial Day Service. (Vice-Mayor Cali) City Manager stated that the City has always provided assistance to the American Legion for Memorial Day Service and will continue to do so. REGULAR MEETING 15 May 13, 1997 Jerry Carter, DEDC, stated that they were in the process of developing a Senior Housing Complex that will benefit the senior citizens of Dania and will enhance the community. Mr. Carter requested a waiver of the impact and permit fees to minimize their debt service. 8.8 Discussion of request from Fort Lauderdale Mustang Club to host an Antique and Classic Car Display on June 14, 1997, from 6:00 p.m. to 10:00 p.m. at the beach parking lot. (Vice-Mayor Cali) A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to waive the curfew on June 14, '1997, for this event. The motion passed unanimously. 9. APPOINTMENTS 9. 1 Six (6) members needed on the Airport Advisory Board. Vice-Mayor Cali appointed Lisa Rogers 9.2 One (1) appointment to Code Enforcement Board to fill Plumbing/Mechanical Subcontractor position due to declination received from James Rogers. 10 9.3 Four (4) members needed for the Community Affairs Advisory Board. 9.4 Five (5) members to the Dania Economic Development and Downtown Redevelopment Board. Commissioner Bertino appointed \Mlliam Lehman. 9.5 Two (2) members on Human Relations Board. 9.6 Two (2) members on Marine Advisory Board. Commissioner John Etling appointed Ray Lair and Glen Jermaine. 9.7 Five (5) members on Occupational License Review Advisory Board. 9.8 One ('l) member on Planning & Zoning Board. 9.9 Three (3) citizen nominations for Civil Service Board A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the appointments. The motion passed unanimously. ADMINISTRATIVE REPORTS 10.1 City Manager City Manager Smith stated that the Florida Eastcoast Railway would soon redo the crossings at Stirling Road and NW 1st Sheet. 10.2 City Attorney - no comments REGULAR MEETING lo May 13, 1997 11. COMMISSIONCOMMENTS 11.1 Commissioner Bertino - no comments 11.2 Commissioner Efling stated that the pompano Beach Commission approved the Broward County youth Fair to be held at the pompano Harness Track so it's no longer a concern for the City. 11.3 Commissioner Hyde - no comments 11 .4 Vice-Mayor cali thanked staff and the college Gardens Association for ajob well done on their job fair. 11.5 Mayor Mikes - no comments Meeting adjourned at 1 1:55. ) Mayor-Commissioner Clerk-City r REGULAR MEETING 17 May 13, 1997 CL