HomeMy WebLinkAbout1997-08-12 Regular City Commission Meeting Minutes1.1
1.2
Bills:
MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
AUGUST 12, 1997
CALL TO ORDER BY MAYOR MTKES 7:30 p.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
tReverend T. Lewis, Gathsemane Church
ROLL CALL
Mayor:
Vice Mayor:
Commissioners
Bob Mikes
Jim Cali
John Bertino
John Etling
Bill Hyde
Tim Ryan
Mike Smith
Marie Jabalee
PRESENTATIOATS -nore
Items 1.4, 1.5, 1.6 and 1.10 were putled from the Consent Agenda.
,. CO^TSEVT AGENDA
Minutes:
Asst. City Attorney:
City Manager:
City Clerk.
Regular Meeting of July 22, 1gg7 .
Budget Workshop of July 23, 1997
1.3 Bills for the month of June 1 997.
Resolutions:
1.7 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING
RESOLUTION NO, 108.97 RELATING TO THE PROVISION OF SOLID
WASTE COLLECTION AND DISPOSAL SERVICES IN ORDER TO
REVISE THE DATE OF THE PUBLIC HEARING AND THE DATE UPONWHICH NOTICE THEREOF MUST BE PROVTDED: AND pROVtDtNG
FOR AN EFFECTIVE DATE."
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING
RESOLUTION NO. 107-97 RELATING TO THE PROVISION OFSTORMWATER MANAGEMENT SERVICES IN ORDER TO REVISE
THE DATE OF THE PUBLIC HEARING AND THE DATE UPON WHICHNOTICE THEREOF MUST BE PROVIDED; AND PROVIDING AN
EFFECTIVE DATE."
1M I N UTES- REG U LAR M EETI N G AUGUST 12, 1997
Ordinances:
1.9 .AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THEFOLLOWNG DESCRIBED LANDS TO-WT: LOT 13, BLOCK 21, .TOWN
OF MODELO", AS RECORDED IN PLAT BOOK B, PAGE 49, OF THE
PUBLIC RECORDS OF DADE COUNry, FLORTDA; LOT 14, BLOCK 21,.TOWN OF MODELO', AS RECORDED IN PLAT BOOK B, PAGE 49, OFTHE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LOT 15,
BLOCK 21, "TOWN OF MODELO" AS RECORDED IN PLAT BOOK B,
PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
AND LOT 16, BLOCK 21,'TOWN OF MODELO", AS RECORDED IN
PLAT BOOK B PAGE 49, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA FROM PRESENT ZONING CLASSIFICATION OFC-2 TO A ZONING CLASSIFICATION OF C-3, UNDER THE
PROVISIONS OF ORDINANCE NO. 1OO OF THE CITY OF DANIA,
FLORIDA, AS AMENDED; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTTVE
DATE." (First reading of ordinance) (Staff)
Assistant City Attorney Ryan advised that an ordinance requires a public hearing
for adoption. Mayor Mikes pulled item 1.10 so that a public hearing could be
conducted on the emergency ordinance.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
approve the Consent Agenda with the exception of items 'l .4, 1 .5, 't .6 and 1 .10.
Commissioner Bertino - yes
Commissioner Hyde - yes
Mayor lVlikes - yes
Commissioner Etling -yes
Vice Mayor Cali- yes
ITEMS PULLED FROM THE CONSENT AGENDA:
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVIINGTHE EMERGENCY MEDICAL SERVICE MEDICAL DIRECTOR
AGREEMENT BETWEEN THE CITY OF DANIA AND L. SCOTT ULIN,
M.D.; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
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
2MI N UT ES-REG U LAR ME ETI N G AUGUST 12, 1997
The motion passed on the following roll call vote:
A motion was made by Commissioner Etling, seconded by Commissioner
Bertino, to amend page 2 of the agreement by inserting Acting Chief Land in
place of Chief Grammer's name and adopting the resolution as amended.
1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING
THE CITY TO INCUR COSTS ASSOCIATED WTH REVERTING LAND
AND AMENDING EASEMENTS ALONG PORTIONS OF SOUTHEAST
5TH AVENUE INCLUDING RoADWAY AND NoN.RoADWAY RELATED
STORMWATER MANAGEMENT PURPOSES BEGINNING IN THE
MULTI-FAMILY ZONED PARCELS ABUTTING THE SOUTHEAST sTH
AVENUE EASEMENTS; PROVIDING THAT ALL RESOLUTIONS IN
CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (StafD
Mayor Mikes mentioned the need to begin the process to revert easements on
multi-family parcels to the property owners since Southeast 5th Avenue has been
taken off the Broward County Trafficways Plan. Assistant City Attorney Ryan
recommended to change the word "reverting" to "vacating" in the title, include
"desires to consider vacating the road right-of-way" in the third \Mereas, state "a
strip of land within the west right-of-way of Southeast 5th Avenue" in the second
Whereas, and insert an amount not to exceed in Section 2. Mr. Ryan clarified
that the resolution is authorizing a study and no action is being taken to actually
vacate the parcels.
A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali, to
amend the third Whereas to change the word "convey" to "vacate."
Commissioner Hyde restated his motion to accept additional language amending
the Resolution, seconded by Vice-Mayor Cali, changing "vacating" in place of
"reverting" in the title, "within the west right-of-way" in place of "contiguous to" in
the second Whereas, "vacate" in place of "convey" in the third \Iy'hereas, replace
"reversion" with "vacation process of right-of-way" in Section 1 and continue
sentence with "costs not to exceed $25,000.00 in Section 2."
The motion passed on the following roll call vote
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
adopt the Resolution as amended.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Hyde - yes
Mayor Mikes - yes
Commissioner Bertino - yes
Commissioner Hyde - yes
Mayor Mikes - yes
Commissioner Etling -yes
Vice Mayor Cali- yes
Commissioner Etling -yes
Vice Mayor Cali- yes
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO
THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF DANIA, FLORIDA; UPDATING THE
INFORMATION USED TO DOCUMENT THE HISTORICAL DEMAND
FOR FIRE RESCUE SERVICES AND REVISING THE PARCEL
APPORTIONMENT METHODOLOGY TO BE APPLIED IN
3MI N UTES.REGULAR MEETING AUGUST 12, 1997
CALCULATING FIRE RESCUE ASSESSMENTS; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1.
1997; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE." (Staff)
Mayor Mikes expressed dissatisfaction with the significant disparity in charges
between Commercial and lndustrial fees. City Manager Smith explained that call
data over the last year and a half was used by GSG to determine the fees.
Commissioner Bertino stressed the need for fees to include factors like
specialized training and categorization of dangerous materials involved with
fi ghting industrial fi res.
Camille Gianitasio, GSG, explained that the methodology used for the City last
year and with all of their Broward County municipal clients has been based on
service availability as illustrated by demand. The program would be difficult to
administer if they had to quantify the personnel, duration and equipment factors
involved with each fire which is why they chose a simpler method based on the
first response call data. Ms. Gianitasio mentioned that the simpler method also
holds up to the legal challenge. Discussion followed on the possibility of
imposing a halmed fee against properties after an industrial fire that could be
collected from insurance and separated from the assessment program.
Chief Land advised that a City ordinance provides the City an opportunity to
recoup losses on hazardous material fires and that some of these fees are
recouped depending upon the legal action taken and whether liens are filed
against properties.
Commissioner Hyde pointed out that industrial fires are the main reason for the
high cost of specialized training imposed on the Fire Department. He didn't think
that it made sense to charge businesses, with the highesl potential hazard to the
community, the lowest rates by a factor of 10 to 1 . Ms. Gianitasio agreed that
there are different methodologies that could be used to assess fire rescue fees,
but that the law only requires the apportionment methodology to be fair and
reasonable. On behalf of GSG, Ms. Gianitasio stressed their desire to continue
to work with the City to review the industrial category by reviewing land usage on
properties.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
adopt the resolution.
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
1.10 'AN EMERGENCY ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ORDINANCES 02-97,06-97 AND ORDINANCE PASSED
4MI N UTES-REG ULAR MEETI NG AUGUST 12, 1997
JULY 22, ,1997, FOR THE EXTENSION OF THE MORATORIUM ON
PLACEMENT AND INSTALLATION OF TELECOMMUNICATIONS
FACILITIES; PROVIDING FOR SEVERABILITY, ORDINANCES lN
CONFLICT AND AN EFFECTIVE DATE." (First and Second Reading)
(Stafr)
City Manager Smith explained that the moratorium on telecommunications is
being extended for an additional 30 days to integrate some ofthe constructive
comments into the tower ordinance that have been received from the
telecommunications industry. Mr. Smith advised that a modified version is
expected to be brought back for second reading.
Mayor Mikes opened the public hearing on the emergency ordinance. Hearing
no one speak in favor or opposition, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Commissioner
Etling, to adopt the emergency ordinance on first and second reading.
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
2.PROCLAMATIONS
2.1 Proclaiming August 25 - September 1, 1997, as "Dania Firefighter
Appreciation Week."
City Manager Smith read the proclamation in its entirety
3.B'DS
3.1 Award of bid to Dolphin Fence Company in the amount of $59,606.00 for
fencing at Frost Park, Modello Park and Meli Park and possible adoption
of Resolution approving agreement.
City Manager Smith advised that funding through a Local Law Enforcement Block
Grant that was received from the U.S. Dept. of Justice will enhance security at
the parks. He mentioned that $66,000.00 was included for fencing and that the
other component of the grant was for demolition of unsafe structures. Staff has
tabulated the bids and it is recommended to award the bid to Dolphin Fencing
Company of South Florida in the amount of $59,606.00.
A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali, to
award the bid to Dolphin Fencing Company of South Florida and adopt the
resolution approving the agreement.
The motion passed on the following roll call vote
Commissioner Bertino - yes Commissioner Etling -yes
5M I N UTES. REG U LAR M EETI N G AUGUST 12, 1997
Commissioner Hyde - yes
Mayor Mikes - yes
Vice Mayor Cali- yes
4. PUBLIC HEARIAIGS:
Ordinances:
4.1 (Staff requesting a continuance to September I, 1997)
AN ORDINANCE OF THE CITY CONiIIVISSION OF THE CITY OF
DANIA, FLORIDA, AMENDING CHAPTER 28, BY CREATING ARTICLEVIII, 'TELECOMMUNICATION TOWERS AND ANTENNAS";
PROVIDING INTENT AND DEFINITIONS; PROVIDING MINIMUM
STANDARDS FOR LOCATION AND APPROVAL OF
TELECOMMUNICATIONS TOWERS; PROVIDING MINIMUM
STANDARDS FOR LOCATION AND APPROVAL OF
COMMUNICATIONS ANTENNAS, PROVIDING ADDITIONAL USES;
PROVIDING FOR SHARED USE OF COMMUNICATIONS ANTENNAS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION;
PROVIDING FOR AN EFFECTIVE DATE." (Second reading of
ordinance)
City Manager Smith requested a continuance to the September 9, 1997, regular
meeting.
Commissioner Hyde asked City Attorney Ryan if there is any problem with
continuing the second reading. City Attorney Ryan advised that the public
hearing must be opened and that the Planning & Zoning Board needs to review
the ordinance.
Mayor Mikes opened the public hearing. Hearing no one speak in favor or
opposition, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
continue second reading of the Ordinance to September 9, 1997.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Etling -yes
Commissioner Hyde - yes Vice Mayor Cali- yes
Mayor Mikes - yes
4.2 (Continued frcm 7122197) - VA-11-97 - Sign Language & Co., lnc. on
behalf of Hy Horowitz, Brenner Equities, lnc, representing Sormi, lnc.
(Meadowbrook Shopping Center 300 East Dania Beach Boulevard)
Request for a variance to add an additional 96 square feet beneath the
existing pylon sign to accommodate a plaza directory. Dania Code
Chapter 3, Section 3-33(m) allows for a Pole (ground) sign no greater
than fifty (50) square feet.
6M I N UT ES. REG U LAR M EET I N G AUGUST 12, 1997
Lloyd Berger, Brenner Real Estate Group, 3195 North Powerline Road, pompano
Beach, advised that the Tenant Association at the \Mnn Dixie Shopping Center is
the Petitioner for the sign and that he is representing the owner of the shopping
center, Sormi lnc. Assistant City Attorney Ryan advised that the applicant must
have the approval of the owner to apply for a variance. Mr. Berger stated, on
behalf ofthe owner, that the Tenant Association has the owner's approval.
Terry Virta, Growth Management Director, explained that the site was previously
granted a variance to allow a sign up to 72 square feet. The petitioners are
asking for an additional 96 square foot signage over and above the 72 square
feet to construct a cabinet sign that will include every business in the shopping
center.
Mayor Mikes opened the public hearing
Mike Danforth, Sign Language, lnc., submitted photos showing the visibility
problem created by the landscaping making it difficult for customers to see each
individual store.
Hearing no one speak in favor or opposition, Mayor Mikes closed the public
hearing.
Mr. Berger agreed that there have been maintenance problems in the past, but
that Brenner Real Estate Group has been diligent about maintaining the property
seven days a week. Vice-Mayor Cali disagreed that the public right-of-way along
third avenue is being maintained. Mr. Berger advised that his number is 978-
9968. Discussion followed on the Commission's intentions to review the sign
ordinance for the downtown area and Mr. Berger's responsibility to repair the
sidewalks before the next meeting.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
continue the variance to the September I regular meeting at which time a plan of
action for improving the property will be worked out between the Growth
Management Director and Mr. Berger that can be included with the variance.
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
5.SITE PLANS -none
CITIZENS, COMMENTS: 9oMMENTS BY DANIA 0ITIZENS oR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN
lN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:o0 P.M. THE SECoND(/D) AND F1URTH (4rH) MoNDAy oF EAiH M1NTH. coMMENTs oF ANy NATURE
WLL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT
THAT THE CONCERN REN'A'NS UNRESOLVED, THE CITIZEN (S) OR PARTY WLL
BE ASKED IO ADDRESS THE CITY COiNM/SS'ON DUR'IVG THE MEETING,
6.1 David DePriest - continued to August 26, 1997, regular meeting.
6
7MI N UTES.REG ULAR M EETI NG AUGUST 12, 1997
7. EXPENDIIUREREQUESTS-
7.1 Request to improve street lighting in Southwest section. (Kevin M
Pierson - Southwest Area Neighborhood Watch)
City Manager Smith advised that figures presented by Kevin pierson at the last
meeting on street lighting improvements for the southwest area east of the
railroad tracks are accurate. Chief Frey, BSO, is looking into the possibility of
using Law Enforcement Trust Funds for the project.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
approve the expenditure request subject to funding from the Law Enforcement
Trust Fund.
The motion passed on the following roll call vote
Commissioner Bertino - yes Commissioner Etling -yes
Commissioner Hyde - yes Vice Mayor Cali- yes
Mayor Mikes - yes
Commissioner Hyde commended Kevin Pierson and the neighborhood
assocration for doing a great job in getting the information together and for
coming up with a cost effective solution to the problem.
8. D'SCUSS'O'VAND POSSIBLE ACTION
8.1 Discussion of Tigertail Lake Dredge & Fill project and bid postponement
to August '15, 1997. (Calvin, Giordano & Associates)
City Manager Smith requested to postpone the bid opening for the Tigertail Lake
Dredge and Fill project until September 9 due to ongoing discussions with the
Broward County Aviation Division as a source for some of the flll that will be
taken out of the lake.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
continue to the bid opening until September 9, 1997.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Etling -(not in the room)
Commissioner Hyde - yes Vice Mayor Cali- yes
Mayor Mikes - yes
8.2 Discussion of request by USA Boating Center for temporary sales trailer
(Stafr)
Commissioner Hyde stated his desire to abstain from voting on this agenda item
based on his employment causing a Conflict of lnterest. He stated his intentions
to file the appropriate documents with the City Clerk Department.
IM I N UTES.REG U LAR M EETI NG AUGUST 12, 1997
Mike Fitzpatrick, USA Boating Center, requested to use a temporary modular
sales trailer for new boat sales while the permanent Banyan Bay facility is being
built. The Banyan Bay site plan for the two-year phase project is on file with the
City.
Ken Koch, Building Official, advised that the use as presented is consistent with
the zoning and that the permit can be issued. Mr. Koch explained that the
agreement with the property owners when the marina was constructed required
the installation of a water system for fire protection. lt was noted that the code
problems have been resolved for the site.
A motion was made by Commissioner Bertino, seconded by Commissioner
Etling, to approve the use of a temporary sales trailer for one year as requested
by USA Boating Center.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Vice Mayor Cali- yes
Commissioner Etling -yes
Mayor Mikes - no
8.3 Discussion of request by GNL for temporary construction/office trailer.
(Stafr)
Ken Koch, Building Official, advised that Dismas Charities, lnc. is requesting to
use a temporary trailer for staff members while some remodeling work is being
completed on the building. The plan is to continue to occupy the building by
renovating a floor at a time and moving the occupants around as the renovated
areas become available.
Gene Fischer, GNL Construction, representing Dismas Charities, lnc. advised
that the temporary trailer is being requested for approximately 8 months and that
drawings have been submitted to the City for review. Mr. Fischer stated that a
demolition permit is in process and that his company is ready to begin the
project.
A representative for Dismas Charities, lnc. advised that the Hotel Poinciana is
now owned by Dismas Charities, lnc. and that a federal halfway house is being
operated at the site. Mayor Mikes stated his concern that the halfway house use
was never approved for an Occupational License.
Commissioner Hyde asked Assistant Attorney Ryan to explain the wording in a
letter signed by Attorney Adler that reads "ln my opinion, the premises as a
community rehabilitation center will be in compliance with the City of Dania
Zoning Code as a non-conforming use." Attorney Ryan advised that there were
certain uses of property that were in effect before the current Zoning Code. lf
that type of use was in effect at the time the Zoning Code was passed then the
use is grandfathered in as a "non-conforming use." The three issues that must
be taken into consideration with non-conforming uses: 1) the non-conforming use
must remain in the same use category, 2) there cannot be an abandonment of
the non-conforming use, 3) there cannot be an expansion of the non-conforming
use.
9M I N UTES- REG U LAR M EETI N G AUGUST 12, 1997
Commissioner Hyde questioned as to whether non-conforming uses are
permitted if property ownership changes and the property has to meet current
code. Attorney Ryan advised that the grandfathering can change if the property
business was nol open on a continuous basis. Mayor Mikes recommended to
continue the item for further review of records as to the specifics on where the
city stands and to determine what the zoning code was at the time the halfway
house started.
At the request of Commissioner Etling, the Dismas Charities, lnc. representative
advised that the occupants of the halfway house are involved in white collar
crimes such as income tax evasion. These clients are required to go to a
halfway house to get their social status built back up. Commissioner Etling
asked Assistant City Attorney Ryan to check into whether the renovation and
non-conforming use can continue or if restrictions can be added on the types of
rehabilitative clients permitted.
Robyn Burns, Dismas Charities, lnc., advised that each client is looked at very
carefully and that public safety is their prime concern. The halfway house
environment provides the clients with a way to get back into society.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
continue the request to next meeting of August 26,1997 .
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Hyde - yes
Mayor Mikes - yes
Commissioner Etling -yes
Vice Mayor Cali- yes
8.4 Discussion and possible action concerning adoption of design guidelines
for gasoline service stations. (Staff)
City Manager Smith advised that a request for new development has brought up
the issue of three gas stations being located near the entrance to the downtown
area. Since appearance has become a major focus to the City Commission, Mr.
Smith suggested a review of design guideltnes for gas stations to ensure
continued improvement of the City.
Terry Virta, Growth Management Director, explained that after reviewing the
gasoline station guidelines from the City of South Miami, there may be too much
restriction on color and a need to include minimum spacing between stations.
Mr. Virta pointed out that the white and red Mobile gas station on Dania Beach
Boulevard does not match the architecture along US 1. He recommended to
allow the City Manager and himself the opportunity to pursue further information
on the subject.
Commissioner Hyde suggested the possibility of imposing a moratorium on gas
station construction until safety concerns and compatibility with the downtown
area are addressed.
M I N UTES-REG U LAR M EETI N G 10 AUGUST 12, 1997
Vice-Mayor Cali supported Commissioner Hyde's moratorium suggestion for the
Federal Highway Corridor and added that retail store usage is also a
consideration with gas stations. Mr. Virta stressed the need to consider the
traffic impact with several stations being in close proximity.
Commissioner Bertino agreed that the health and safety of the community is the
major concern of the City Commission and that there may be a need for the
Downtown Redevelopment Board to review new building in the downtown area.
Mayor Mikes urged the protection of the unique historical nature of the downtown
area of Dania.
Mayor Mikes advised Attorney Hall that the City's attorney has been seriously ill
and that there has not been a Growth Management Director in place for months
which is why there has been a hold up on some projects. Mayor Mikes assured
Attorney Hall that the site plan would be added to the next agenda.
Commissioner Bertino stressed the need to postpone the issue until the City
Attorney has had an opportunity to review the ordinance relating to the
Downtown Redevelopment Board's review of new building in the downtown area.
Assistant City Attorney Ryan advised that staff would notify RaceTrac Petroleum
on the administrative process to be followed before coming back to the City
Commission. For the record, Attorney Hall stated that no one has advised her of
the requirement to be heard before the Downtown Redevelopment Board and
that her intentions are to review this requirement.
8.5 Discussion of status report on Fairfield lnn Hotel Project. (Commissioner
Etling)
Commissioner Etling asked staff to provide an update on the hold up with
construction of the Fairfield lnn project and to explain the rmpact on the
impervious area of the project with the change in parking spaces outside the
building instead of under the building. Terry Virta, Growth Management Director,
advised that he has only seen a rough sketch ofthe parking change and that it
does not appear that the overall change will be any problem. Mr. Virta advised
M I N UT ES- REG U LAR M EETI N G 11 AUGUST 12, 1997
Attorney Barbara Hall, Greenburg, Traurig, representing RaceTrac Petroleum,
submitted documents showing a chronology of events in submitting site plan
approval according to Dania Code to the City Clerk and their hired Court
Reporter as part ofthe record. Attorney Hall expressed dissatisfaction that
RaceTrac Petroleum has not been allowed to place their site plan on the agenda
for consideration when all code requirements have been met. Attorney Hall
agreed that the City of Dania is entitled to enact zoning regulations, but clarified
that the City is not entitled to hold up a site plan which is ready for action in order
to enact regulations that are not yet adopted. Attorney Hall stated that a gas
station is a permitted use in the downtown district and that it would be unlaudul to
impose design guidelines that would place a hardship on the development. ln
regards to signage, RaceTrac Petroleum has agreed to provide a sign I feet high
by 3.5 feet wide in an effort to work with staff. Attorney Hall asked that the
package as presented be reviewed and that the site plan be placed on the next
agenda for consideration.
that an accurate tree survey was not provided at the time that the City
Commission approved the site plan for Fairfield lnn. A revised tree survey was
presented a few weeks ago and there were discrepancies when staff reviewed
the site. A third survey was then prepared which is now being reviewed by Mr.
Tasaro. Mr. Virta mentioned that the City's tree ordinance requires Commission
approval to remove or relocate any ofthe Oak trees on the site before a tree
clearing permit can be issued even though the site plan has been approved. Mr.
Virta advised that code has not been complied with since the tree survey still
needs to be completed and that a detailed revised site plan has not been
submitted.
Discussion followed on whether the revisions to the site plan would require the
developer to start again with the approval process or whether the site plan can
be modified when the revisions are minor. Attorney Ryan stated that the Dania
Code requires that any modification to the site plan requires the process to go
back to the Planning and Zoning Board before it can come back to the City
Commission. Due to advertising requirements, Attorney Ryan did not belreve
that the process could be sped up quicker than four weeks time.
Mayor Mikes commended staff for their efforts to follow code in regards to the
changes made to the site plan. He agreed to cooperate by scheduling a special
meeting to stream line the process for the developer.
Michael Thomas, Petitioner, expressed dissatisfaction with being delayed on the
project since he has saved as many trees as possible in order to comply with the
City's requests. Attorney Lola Thomas advised that the law is subject to
interpretation and that the changes are not significant enough to force a 10-week
delay. City Attorney Ryan pointed out Section 10.20 of the Dania Code and read
Section 16.70 (e)- Modification of Site Development Plans _"any change in
buildings or structures, land or water, or alteration or addition to buildings or
structures or erection of new buildings shall be in accordance with an amended
site development plan approved as per the requirements of this section." Mr.
Ryan stated that the section points out the words "any change" and not
"substantial change."
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to reconsider the Fairfield lnn site plan.
The motion passed on the following roll call vote
Commissioner Bertino - yes
Commissioner Hyde - yes
Mayor It/ikes - yes
Commissioner Etling -yes
Vice lt/ayor Cali- yes
Mr. Virta restated his concern that a site plan has not been submitted by t\Ir.
Thomas and that he only has a draft site plan at this time. Mr. Virta explained
MI N UT ES- REG U LAR M EET I N G 12 AUGUST 12, 1997
Commissioner Hyde questioned Attorney Ryan on whether it is acceptable for
the City Commission to review a site plan, at their discretion, when the site plan
is in compliance with code and whether it becomes a ministerial function. Mayor
Mikes suggested to reconsider the site plan.
that the general aspects of the site plan involves removal of the parking below
the structure with replacement with surface parking and that the exact iocationstill needs to be finalized.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Cali, to
amend the site plan as presented before with the modification to surface parking
from underneath parking and removal of the ramps.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Etling -yes
Commissioner Hyde - yes Vice Mayor Cali- yes
Mayor Mikes - yes
9. APPOINTMENTS (no nominations received and all appointments
continued to August 26, 1997, regular meeting.)
9.1 Two (2) members needed on the Airport Advisory Board.
9.2 One (1) member needed for the Community Affairs Advisory Board.
9.3 Three (3) members to the Dania Economic Development and Downtown
Redevelopment Board.
9.4 One (1) member needed on Human Relations Board.
9.5 Five (5) members on Marine Advisory Board.
9.6 Four (4) members on Occupational License Review Advisory Board.
9.7 One (1) member on Planning & Zoning Board.
9.8 Three (3) citizen nominations for Civil Service Board.
IO. ADMINISTRATIVEREPORTS
10.1 City Manager -
City Manager Smith reported that a presentation will be conducted on August 18
in cooperation with the Downtown Antique Association and Greater Chamber of
Commerce on the Downtown Mainstreet Program.
On August 28 al7:00 p.m., the City is jointly sponsoring with the Greater
Chamber of Commerce a program on marketing to strengthen the sign code.
On Saturday, at Modello Park - Back to School Wellness Fair sponsored by the
MADDADS, Saratoga Apartments and Memorial Health Care Systems.
lmmunizations were encouraged for all children entering school.
M I N UTES-REG U LAR M EETI N G 13 AUGUST 12, 1997
The public was reminded of the following public hearings:
-9111197 - 7:30 p.m. Special Meeting for first Public
Hearing on 97/98 budget and special assessment programs
-9123197- 7:30 p.m. Regular Meeting for second Public
Hearing on 97198 budget.
1O.2 City Attorney
11. COMMTSSTONCOMMENTS
11.1 CommissionerBertino
Commissioner Bertino congratulated the new officers who were installed with the
College Gardens Association and asked the City Manager to prepare a
Certificate of Appreciation Dr. Helen Udell who worked very hard on the "Night
out on Crime."
11.2 CommissionerEtling
Commissioner Etling mentioned that immunizations are available through the
"Shots for Tots" program sponsored by the Kiwanis Club.
Commissioner Etling commended the accomplishments of the College Gardens
Association over the past two years with their efforts to clean up crime and
streets as well as working with the City to improve the community under the
Community Development Block Grant program.
The "Night Out On Crime" was well represented by many organizations and it
was agreed that Dr. Udell did an excellent job in organizing the event.
11.3 Commissioner Hyde
Commissioner Hyde commented on the positive benefits of the College Gardens
Association and thanked everyone who was involved with the "Night Out on
Crime."
11.4 Vice Mayor Cali
Vice-Mayor Cali thanked the past members of College Gardens Association for
turning over a great organization to the new group of officers. He thanked Dr.
Udell, BSO, Community Council for the success of the "Night Out On Crime".
Vice-Mayor Cali was pleased to report that over 80 cars participated and some
300 people attended the "Danra Beach Cruise Night" for the Antique and Classic
Car event. He extended appreciation for participation by the Mayor and
Commrssion and staff that has made the event a success.
MIN UTES.REGULAR MEETING 14 AUGUST 12, 1997
Mayor Mikes mentioned that a policy was clearly established to stop employees
from being involved with installing improved water utility lines and that citizens
are not being notified in advance on the hookup charge.
Mayor Mikes expressed concern that the City is losing tax dollars from the
American Marine Officers School. He requested to workshop the possibility of
the school purchasing another shopping center and the need to address service
fees.
Mayor Mikes commended staff for following code requirements and expressed
the need to address the issue of amending site plans without going through the
Planning & Zoning Board. City Manager Smith advised that a ma.jor review of
City's development regulations needs to be conducted in an effort to streamline
the process.
The meeting adjourned at 1 1 .00 p.m
MAYOR-COM SIONER
CITY CLERK OR
M I N UTES-REG U LAR M EETI NG 15
11.5 Mayor Mikes
Mayor Mikes advised that Dr. Rickenbacker passed away recenfly at the age of
96 and that he was well known in the community.
Mayor Mikes expressed his opinion that documents prepared from the City
Attorney's Office should be copied to the City Manager. Commissioner Hyde
mentioned that there is a difference between day to day correspondence, but
anything relating to opinions should be copied to the City Manager and City
Commission.
City Manager Smith advised that the Melaleuca Gardens Buffer project is going
to cost over $211,000 according to a letter received from George Spofford,
Broward County Aviation Division. He encouraged input from the City
Commission.
AUGUST 12, 1997