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HomeMy WebLinkAbout1997-08-26 Regular City Commission Meeting MinutesMINUTES DANIA CITY COMMISSION REGULAR MEETING AUGUST 26, 1997 MAYOR MIKES CALLED THE MEETING TO ORDER AT 7:30 p.M. INVOCATION AND PLEDGE OF ALLEGIANCE "Reverend Bob Sands, Griffin Road Baptist Church ROLL CALL Mayor: Vice Mayor: Commissioners Bob Mikes Jim Cali John Bertino John Etling Bill Hyde Tim Ryan Mike Smith Marie Jabalee Asst. City Attorney City lvlanager: City Clerk: PRESE/VIAT'OIVS -BSO- "Employee of lhe Month" Chief Frey commended Leslie Washecka, CSA, for her dedication in providing services to the community on behalf of BSO. Ms. Washecka was presented the "Employee of the Month" award for the month of July 1997. Chief Frey was pleased to report that the joint effort between Dania and Hollywood has been successful in removing prostitution on Federal Highway. Chief Frey advised that Detective Pato has been working on the program and that he would present a status report. Detective lvan Pato pointed out the closeness between prostitution and narcotics and how rehabilitation is the other element in changing the lifestyles of the prostitutes. The program is making a difference as a result of the Code Team lnspections along the hotel and motel corridor. Partnerships have been developed with business owners on posting "No Trespassing" signs and signing affidavits agreeing to request that the prostitutes leave their premises. Detective Pato mentioned that several street level enforcement efforts have been conducted at the district level and that judges and prosecutors are working with law enforcement to keep the prostitutes from coming back to the same area. Deputy Pato was confident that the program would provide long term positive results. Commissioner Bertino requested Attorney. Ryan to look into the legal possibility of having the City's attorney prosecute prostitution crimes along Federal Highway and acquiring jail space from Ft. Lauderdale to hold the violators. He was ,|MINUTES.REGULAR MEETING AUGUST 26, 1997 *BSO-Report on Federal Highway Program confident that Dania could send a strong message against prostitution if theprostitutes were incarcerated for six months or so while awaiting the courtprocess. Chief Frey advised that BSO is working very closely with the State,s Attorney's Office in developing a mapping method that keeps the prostitute from returning to same geographical area as part of their sentence. City Manager Smith mentioned that community standard issues are part of the objective with the Federal Highway Program. Substantial code violations have been found as a result of property inspections along the Federal Highway corridor. He commended Ed Tarmey, Fire lnspector, Spence Johnson, Code Enforcement Officer, and Ken Koch, Building Official for their assistance with the program. 1.CONSENT AGENDA Minutes: 1.1 Regular Meeting of August 12, 19971.2 Budget Workshop of June 26, 1997 . Resolutions: 1.3 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA RELATING TO PROPERTY SITUATED A1 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.4 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH BERMEX CONTRACT SERVICES FOR WATER METER READING SERVICES; 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." (Staff) A motion was made by Commissioner Bertino, seconded by Commissioner Hyde, to approve the Consent Agenda. The motion passed on the following roll call vote 2. 3. 4. Commissioner Bertino-yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling -yes Vice-Mayor Cali-yes PROCLAMATIOIVS -none BIDS -none PUBLIC HEARINGS: 4.1 RZ-16-97 - Gilbert Berken, M.D. petitioner/owner - request to rezone 2MINUTES.REGULAR MEETING AUGUST 26, 1997 from C-2 to C-3 for property located on the north side of SW'l"tStreet, between SW 1"t Avenue/SW 3d Avenue. 'AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWNG 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 COUNTY, FLORIDA; LOT 14, BLOCK 21,,TOWN OF MODELO', AS RECORDED IN PLAT BOOK B, PAGE 49, OF THE 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 COUNry, 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 CLASSIFIGATION 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 EFFECTIVE DATE." (Second reading of ordinance) (Staff) Terry Virta, Growth Management Director, advised that the subject site is presently occupied with multi-family and single family residential. The proposed rezoning is consistenl with the Comprehensive Plan and compatible with the current C-3 commercial zoning in the immediate surrounding area. The Planning & Zoning Board and staff recommend approval. Dr. Gilbert Berken reported on his efforts to improve the property since it was purchased and his desire to upgrade to C-3 zoning in an effort to be more compatible with surrounding properties. He advised that property owners in the area have no objection to his request and that letters have been supplied to the City Commission on his behalf. Dr. Berken had no intended use at this time for the property. Mayor Mikes opened the public hearing At Commissioner Bertino's request, Assistant City Attorney Ryan read the permitted uses in the C-2 and C3 zoning districts. Hearing no one speak in favor or opposition, Mayor Mikes closed the public hearing. The City Commission expressed concern with changing the zoning when there is no current plans for development and no guarantee on a potential use. A motion was made by Commissioner Bertino, seconded by Commissioner Etling, to deny the ordinance (RZ-l6-97) with the understanding that Dr. Berken can bring the rezoning request back once he has a plan for development. The motion to deny passed on the following roll call vote MINUTES.REGULAR MEETING 3 AUGUST 26,'1997 Commissioner Bertino-yes Commissioner Etling -yes Commissioner Hyde - yes Vice-Mayor Cali-yes Mayor Mikes - yes 4.2 VA-20-97 - Willow l\Ianors Retirement Home, Owner/petitioner, requesting a variance from Section 6.21 oll street parking for property located on the Southwest corner of SW l"tCourt and SW l"tStreet. Terry Virta, Growth Management Director, clarified that the variance is connected to the site plan request under item 5.1 for the expansion of the retirement home with the addition of an Alzheimer Care Unit. He explained lhat the Dania Zoning Code requires the addition to have a total of 12.5 spaces, which equates to 13 and that the petitioner is requesting to reduce the space requirement to 1 1 . The Planning & Zoning Board recommended approval subject to the pelitioner providing an agreement stipulating that additional off-street parking would be provided by using the employees' parking lot at the retirement home. Pete Signore, Andies, lnc., presented a drawing showing that \Mllow Manor South has 26 parking spaces and that the employee lot on the corner of Stirling Road and SW 1"t Court has 21 spaces for a total of47 spaces. Eleven more spaces are being added with the new parking lot. A graph was submitted showing the usage of the 47 parking spaces for the time period from May 25 through June 7. Mr. Signore presented an agreement for the land currently being utilized for parking at the retirement home. The agreement confirmed that Parcel '1 & 2 would only be sold simultaneously to the same purchaser unless Andie's lnc. could substitute another property for parking similar to spaces in Parcel2 and immediately ad.jacent to Parcel 1 . 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 Vice-Mayor Cali, seconded by Commissioner Bertino, to grant the variance (VA-20-97) with the condition that the parking agreement and any changes to the Site Plan regarding landscaping be made part of the variance. 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 Since Archie Ryan was listed as the attorney for [t/lr. & Mrs. Signore, Mayor [\/ikes expressed concern that a legal opinion may be needed to determine whether there is a conflict of interest since Tim Ryan is handling city business Attorney Tim Ryan clarified that Archie Ryan, Ryan & Ryan, withdrew representation of Mr. & Itilrs. Signore. Assistant City Attorney Ryan recommended to record the parking agreement that was submitted by Mr. Signore so that it would be included with the property. MINUTES-REGULAR MEETING 4 AUGUST 26, 1997 The City Commission agreed. ITEM 5.1 WAS HEARING AFTER ITEM 4.2 4.3 Public Hearing on Resolution adopting the revised Evaluation and Appraisal Report. "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, ADOPTING THE REVISED EVALUATION AND APPRAISAL REPORT FOR THE CIry OFDANIA,S COMPREHENSIVE PLAN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR EFFECTIVE DATE.' Leigh Kerr, Planning Consultant for the City, advised that the EAR is an assessment of the City's Comprehensive Plan between 1988-1995. ln December 1995, the City transmitted the EAR to the State and the State submitted their comments back in March 1996. ln August 1996, the City adopted the EAR with the revisions requested by the State. ln October 1996, the State created new requirements and Mr. Kerr advised that it has taken staff quite some time to negotiate with the State since then. ln late July 1997, the State issued a letter requiring the City to include additional revisions relating to: population projections, transportation, redevelopment of the eastern part of the County, coastal management, a post-disaster redevelopment plan, new definitions under the Growth Management Act, a new housing category, identification of septic tank areas, and drainage maintenance. Mr. Kerr recommended approval ofthe Resolution in order to proceed with the planning process. Mayor Mikes was concerned with minor typographical errors in the document that may cause holdup from the State as well as some statements being misconstrued. Mayor Mikes pointed out his following concerns: Under Traffic Circulation on page 1- ltem 2- NWNE lOth Street connects Eller Drive and not Mclntosh Road Under Coastal Element Conditions on Page 5 - change wording to "this is an existing 2 lane facility that has unique stormwater control ability" due to right of way. Under Problems of Development - uncomfortable with wording and recommended to delete A and B and leave C. Objective #6-Drainage- on page 4 - remove the wording that the City will abandon one of its wells. Mayor I\Iikes opened the public hearing. David DePriest, 4565 SW 35 Avenue, recommended continuing the resolution until all concerns and inconsistencies are addressed. Hearing no further comments, Mayor lt/likes closed the public hearing. Discussion followed on Paradise Point being delayed should the Resolution be MINUTES-REGULAR MEETING 5 AUGUST 26, 1997 continued. Mr. Kerr advised that the Department of Community Affairs must issue a letter stating that the EAR is sufficient before the City Commission can approve any amendment and that he was attempting to get approval by September I for the Paradise Point development. A motion was made by Commissioner Bertino, seconded by Commissioner Etling, to continue the Resolution to a Special Meeting on September 2 at 7:30 p.m. 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.S'TE PLAIVS ITEM ADDRESSED UNDER 4.25.1 SP-21-97 - Willow Manors Retirement Home,1 50 Stirling Road, requesting site plan approval for expansion of the home for the purpose of an Alzheimer's Unit. Property located on the Southwest corner of SW 1't Court and SW 1"t Street. ln connection with ltem ll4.2,ferry Virta, Growth Management Director, explained that the Alzheimer Unit is expected to accommodate twenty-five (25) patients. Mr. Virta mentioned that the petitioner has not provided the calculations for staff to evaluate the paving and drainage, which would have to be addressed prior to the building permit being issued. Mr. Virta mentioned that the petitioner would also have to obtain the necessary storm water permits from Broward County. Mr. Pete Signore, Andie's lnc., advised that the Broward County Environmental Department has approved his drainage for the site and that there are two drains in the parking lot and one additional drain being installed. Commissioner Hyde suggested making the Site Plan conditional upon approval from the Broward County Environmental Division. After further discussion, Bud Palm, Utilities Director, mentioned that Berry & Calvin seen three catch basins without any calculations, which is why they felt the drainage and paving was inadequate. A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to approve the site plan with the condition that the drainage meet the standards of Broward County Department of Environmental Regulation and the City's Engineering firm. Commissioner Bertino asked the Building Department to contact Mr. Signore tomorrow morning and clarify for him exactly what other information is needed so that his building permit would not be delayed. MINUTES.REGULAR MEETING 6 AUGUST 26, 1997 ITEM 6.1 WAS HEARD AFTER ITEM 4.3 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 6 ITEM 4.3 WAS HEARD AFTER 5.1 CITIZENS' COMMENTS: COMMENTS BY DANIA CtTtzENs oR TNTERESTED PARI'ES THAT ARE NOT A PART OF fHE REGULAR AGENDA SHOULD BE GIVEN lN wRlTlNG OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND dD) AND FoURTH (4rH) MoNDAy oF EASH MoNTH. ooMMENTS oF ANY NATURE WLL BE RESPONDED TO BY THE OFFICE OF THE CIW MANAGER. IN THE EVENT THAT THE CO'VCER'V REMA'IVS UNRESOLVED, THE CITIZEN (S) OR PARTY WLL BE ASKED TO ADDRESS THE C'ry COMMISSION DURING THE MEETING. 6.1 David DePriest 4565 SW 35 Avenue Mr. DePriest expressed his opposition to the County purchasing some 271 acres of land east of the Ft. Lauderdale-Hollywood Airport from Michael Swerdlow for $120 million to expand Port Everglades. Mr. DePriest was convinced that the property would be used to expand the airport with an 1 1,000-foot runway, which would ultimately devastate homes in Dania, Hollywood and Davie. Mr. DePriest suggested that the City legal staff review laws relating noise impact on alligators and a law prohibiting an existing body of water from being moved as this information might be helpful if the airport expansion goes through. Mayor Mikes commented on the City's efforts to try to stop the County from taking industrial tax base to the east and to halt the runway expansion. 7, EXPENDITUREREQUESTS.NONE 8. D'SCUSS'O'VAND POSSIBLE ACTION 8.1 Discussion of request by GNL for temporary construction/office trailer. (Continued from 8112197 regular meeting) (Staff) City Manager Smith reported that GNL has submitted a letter requesting to withdraw their application for a temporary trailer. 8.2 Discussion and possible action concerning adoption of design guidelines for gasoline service stations. (Continued lrom 8112197 regular meeting) (Staff) Terry Virta, Growth Management Director, mentioned that the gas station design guidLlines from the City of South Miami were presented at the last meeting and t-hat h" has provided significant modifications to the standards in the form of an amendment to the zonihg code. Mr. Virta advised that a 500-foot separation requirement between services stations and language regarding appearance of the facilities was added. MINUTES.REGULAR MEETING 7 AUGUST 26, 1997 It was Commissioner Bertino's understanding that the Downtown Redevelopment Committee sets the guidelines on the exterior facade of all buildings in the downtown area. City Manager Smith advised that the design guidLlines would affect the entire city on all commercial structures. He was unable to confirm that the Downtown Redevelopment Agency was responsible for approving buildingfagades in the downtown area. Assistant City Attorney Ryan mentioned that after reviewing the Code, he was unable to locate information confirming that the Community Redevelopment Master Plan had ever been implemented. A Resolution was adopted to provide for the plan but the master plan was never enacted. Mr. Ryan explained that the plan was apparently directed towards redevelopment of slum and blighted areas where there was a shortage of affordable housing for low and moderate-income persons. Based on Commissioner Bertino being Chairman on the Downtown Redevelopment Committee, he explained that the board's intent was to have a uniform concept for the downtown buildings and to retain the historical flavor of the City. Commissioner Bertino thought it would be appropriate to halt all building in the downtown area by establishing a moratorium until the proper procedures can be established as outlined in the Code of Ordinances. Vice-Mayor Cali pointed out that the downtown district is actually a Historical District and that it should meet the State's requirements to be deemed a Historic Preservation District. Mayor Mikes suggested establishing a Downtown Appearance Board to control community appearance for the US 1 corridor, which could include members from the Downtown Redevelopment Board. The City Commission generally agreed to have each Commissioner present their recommendations to staff on achieving a goal of ensuring compatibility of new buildings along the US corridor extending to the city's limits. Commissioner Etling recommended applying the guidelines citywide based on the potential massive development in the Ravenswood Road and Griffin Road atea. Vice-Mayor Cali suggested that staff obtain design guidelines for service stations and convenient stores from Pompano to be provided to the City Commission at the special meeting on Tuesday. 8.3 Request for continued use of existing trailer as temporary office for '12- month period during renovation of existing Medical Examiner's Building (Staff) A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali, to continue the request to the next regular meeting since the petitioner was not present. The motion passed on the following roll call vote: MINUTES.REGULAR MEETING 8 AUGUST 26, 1997 CommissionerBertino-yes CommissionerEtling-yes Commissioner Hyde - yes Vice-Mayor Cali-yes Mayor Mikes - yes 8.4 Request by Tile lnternational, lnc. to use temporary tent for annual sale from August 29 through September 6, 1997. (Staff) Mark Gallet, Tile lnternational, was present to request permission for a temporary tent for their annual Labor Day Sale. Terry Virta, GroMh Management Director, advised that no problems have been encountered in the past with the sale. He recommended approval subject to the petitioner receiving approval from the Building Official and Fire Marshall on the fire retardancy of the tent. A motion was made by Commissioner Hyde, seconded by Vice-Mayor Cali, to approve the request. The motion passed on the following roll call vote: CommissionerBertino-yes CommissionerEtling-yes Commissioner Hyde - yes Vice-Mayor Cali-yes Mayor Mikes - yes 9. APPOINTMENTS 9.'t Two (2) members needed on the Airport Advisory Board. Commissioner Bertino nominated David DePriest. 9.2 One (1) member needed for the Community Affairs Advisory Board. Commissioner Bertino nominated Vera Kelly. 9.3 Three (3) members to the Dania Economic Development and Downtown Redevelopment Board. 9.4 One (1) member needed on Human Relations Board. Commissioner Etling nominated Margaret Smart. 9.5 Five (5) members on Marine Advisory Board. Commissioner Bertino nominated Ron Spencer. 9.6 Four (4) members on Occupational License Review Advisory Board' Commissioner Bertino nominated Cicil Smart. 9.7 One (1) member on Planning & Zoning Board MINUTES-REGULAR MEETING I AUGUST 26, 1997 Commissioner Bertino nominated John Knight. 9.8 Three (3) citizen nominations for Civil Service Board 10. ADMINISTRATIVEREPORTS { 0.1 City Manager -912197 -7:3O p.m. - workshop and special meeting *9111197 7:30 p.m. Special Meeting for first Public Hearing on 97/98 budget -9t23197- 7:30 p.m. Regular Meeting for second Public Hearing on 97/98 budget 10.2 City Attorney - no report 11. COMMISSTONCOMMENTS 11.1 CommissionerBertino Commissioner Bertino mentioned the need to control the vagrancy problems in the City and to clean up the litter in public right-of-ways. He mentioned the problems with bus benches being used as advertisement struc{ures and billboards and those benches could be removed from locations that are not approved according to the Bus Bench Agreement. Commissioner Bertino requested the City Manager to check into suspicious vehicles being parked and lights being on at night at the Boisey Waiters Center Commissioner Bertino pointed out that children are going to school early in the mornings while it is still dark and that drivers should be especially cautious. 11.2 CommissionerEtling Commissioner Etling expressed his sympathy to the family of the young boy who was killed while diving off the 30th Avenue Bridge last week. commissioner Etling mentioned his attendance at the Florida League of cities convention in orlando and information he acquired on rebuilding communities He mentioned his visits to five cities that have already begun their Mainstreet Programs and his intentions to present slide information at the next Mainstreet Program meeting. MINUTES-REGULAR MEETING 'IO AUGUST 26, 1997 1l.3 Commissioner HYde commissionerHydeaskedforanupdateonthetypeofretai|establishment operating in the;ld Kodner calleries building- City Manager Smith reported that tn" City io". not have the abillty to regulate the type of m^erchandise being sold at the establishment Since it iS a boutique' HoWeVer, the city can regulate the type of activity and monitor the site by BSO and Code Enforcement. ln addition, the business is being cited for their sign not being in compliance with Code Commissioner Hyde requested to have the telephone on 32 Avenue removed due to drug problems. City Manager Smith mentioned that a number of newtelephones were requested to be installed in residential areas and that theproperty owners were cautioned about bringing crime to their area. Commissioner Hyde was saddened by the recent death of Bob Landerville. He commended Officer Landerville for his professional dedication to Dania over theyears and expressed his sorrow on the loss of a great human being. 1'1.4 Vice Mayor Cali Vice-Mayor Cali congratulated Chief Frey and his staff for winning a Federal Grant for Community Policing efforts at Modello Park. Kristen Jones and Stacey Hoey were commended for the successful Summer Recreational program_ Vice-Mayor Cali advised that the Special Meeting on September 2 would be addressing Charter issues and the possibility of electing commissioners from single member districts. Vice-Mayor Cali read a letter addressed to Vito Mancino advising that the 103d Congress supported Legislation HR13 1 designating December 7 each year as "National Pearl Harbor Remembrance Day." Mr. Mancino was commended for honoring the men who lost thelr lives at Pearl Harbor and it was noted that President Clinton signed the legislation on August 23, 1997 . Vrce-Mayor Cali extended get-well wishes to City Attorney Frank Adler. 1'l..5 Mayor Mikes Mayor Mikes mentioned his attendance in Orlando at the League of Cities Convention on community development and telecommunications. He mentioned that most of the cities in Florida have established moratoriums on telecommunication towers and that court rulings have confirmed that the proposed fees are not a tax but rather a fee for use of right-of-way. City Manager Smith reported that the Winn Dixie representatives have not contacted him regarding their sign variance. The sidewalk was constructed at the Publix Shopping Center and landscaping was placed on the shopping center property, as the Florida Department of Transportation did not want the trees in the right-of-ways. Bud Palm, Utilities Director, mentioned that plans were distributed to the Commission on the locations for the Royal Palms, City Manager Smith mentioned that he expects to meet with Captain Carney and Vicky Petersen, BSO, on contract figures for the upcoming budget. Mayor Mikes was concerned with the impact that a recent publication regarding boat sale fraud would have on the Dania Marine business. City Manager Smith advised that it is difficult to do anything about fraudulent business activities. Commissioner Hyde mentioned that Sgt. Whitford, BSO Marine Unit, has assured him of their intentions to stop this type of fraudulent activity. AUGUST 26, 1997MINUTES-REGULAR MEETING 11 The meeting adjourned 10.20 p.m. MAY M IONER CITY MINUTES-REGULAR MEETING 12 AUGUST 26, {997