Loading...
HomeMy WebLinkAbout1997-04-08 Regular City Commission Meeting MinutesMINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 8, 1997 CALL TO ORDER - The meeting was called to order at 7:30 p.m. by Mayor Mikes. INVOCATION AND PLEDGE OF ALLEGIANCE *Reverend David Blood, Dania United Methodist Church ROLL CALL Present: Mayor: Vice Mayor: Commissioners City Manager City Attorney: City Clerk: PRESE/VrArrOrVS *Presentation from Grant Thornton - 1 995/96 Comprehensive Annual Financial Report Jeff Bressler, Grant Thornton, took a few moments to commend city staff for the excellent job in selecting the cover page of the audit and to Marie Jabalee, Ronnie Lipman and Mame Von Achen for their assistance with the audit documentation. The City Commission discussed the following items relating to the audit report: Page 4 - Combined balance sheet - There was an increase in total equity by $2-7 million dollars due to an increase in the General Fund, Enterprise Fund, Pension Trust Funds and General Fixed Assets Account Group. Page 6 - Budget vs Actual forthe General Fund - The actual revenues exceeded the budget by $1.5 million and expenditures in the General Fund were decreased by $372,000. The fund balance amount is adequate in the General Fund since the undesignated General Fund balance is approximately 10% of total expenditures. All the department expenditures were within budget. Page 21 - Footnote shows long term debt - Sewer Revenue Bonds and Sales Tax Revenue bonds are in compliance with bond covenants. The $3.2 million Sales Tax Revenue Bond incurred its first principal payment in the current fiscal year 96/97. 1GITY OF DANIA - MINUTES APRIL 8, 1997 Bob Mikes Jim Cali John Bertino (late) John Etling Bill Hyde Mike Smith Frank Adler Marie Jabalee Mr. Bressler advised that Grant Thornton also issued reports required under the Governmental Auditing Standards pertaining to the City's lnternal Control Structure and compliance with laws and regulations as well as reports required under the Single Audit Act and the Auditor General of the State of Florida. Vice Mayor Cali discussed concern that the City took in $14.8 million dollars and that $15.2 million dollars were spent and that proceeds from long term debt and transfers in from other funds were needed to balance the budget. Discussion following on the $434,695.00 transfer and whether the $330.00 debt per capita compares to other cities. Vice-Mayor Cali clarified with City Manager Smith that the million dollars received from the Board of Regents in the General Fund balance is a result of the FAU- Seatech project and that these funds are still available. Additional comments were presented on training staff to assist with the City's investments, the need for the quarterly contributions being made in a timely manner to the General Employees Pension Plan, and administrative time being reimbursed on grants. Vice-Mayor Cali questioned whether any testing was conducted on revenues received from franchise fees. Mr. Bressler mentioned that these services are beyond the scope of the audit services with the City, but that Grant Thornton could be hired to work with the city on special projects. Vice-Mayor Cali recommended to prepare an RFP, or use some other selection process, to hire Grant Thornton, or some other firm, to specifically review those revenue sources (franchise fees, utility taxes) such as FPL, Cable TV, pagers, or cell phones in an effort to ensure that the City is receiving the correct revenues. City Clerk Jabalee advised that the Budget Advisory Board is going to conduct a reverse audit on procedures, however, this would not include a company audit of each service. The City Commission generally agreed to have staff check with other cities on the cost and to review the idea of a joint venture with other cities. *Presentation by J. Robert Matheney, Swim for Life for Broward County, lnc Since children are using the fishing dock on the C-10 canal, Commissioner Bertino recommended obtaining professional input on safety methods to ensure that the City has taken all necessary steps to protect children from drowning. Mr. Matheney explained that his program is in partnership with the Broward County School District. Head Start children are expected to begin a swim program April 21 at the Joseph Carter School in Fort Lauderdale. Swim for Life is covering the expense ofthe liability, pool rental, instructors and the lifeguard on deck. Mr- Metheney presented the "Fred the Frog" mascot for the Swim for Life Foundation. 2CITY OF DANIA - MINUTES APRIL 8, ,I997 City Manager Smith read the proclamation. Vice-Mayor Cali requested that Mr. Metheney provide a proposal within 20 days for a swim program at Modello Park with the use of grant funds. Mr. Metheney agreed to schedule a meeting with City Manager Smith. ITEMS PULLED FROM THE CONSENT AGENDA - items 1.2, 1.3 through 1.10, 1.15, 1.'16, 1.21 and 1.22. At this time, Mayor Mikes asked if the public would like to have any of the items discussed that have not been pulled from the Consent Agenda. There was no response from the public. 1.CONSENT AGENDA Bills:1.1 Approval of bills for the month of January 1 997. Resorutions.' 1.11 'A RESOLUTION OF THE CITY OF DANIA FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF KURT ELY TO THE DANIA CIVIL SERVICE BOARD TO SERVE A FOUR YEAR TERM BEGINNING APRIL 1, 1996 AND ENDING APRIL 1,2000; 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) 1.12 "A RESOLUTION OF THE CITY OF DANIA FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF PEGGY BREESCHOTEN TO THE CODE ENFORCEMENT BOARD TO COMPLETE A THREE YEAR TERM ENDING NOVEMBER 11, 1998; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDIING FOR AN EFFECTIVE DATE." (staff) 1.13 'A RESOLUTION OF THE CIry OF DANIA, FLORIDA RATIFYING AND AFFIRMING THE APPOINTMENT OF WILLIAM WNKELHOLZ TO THE DANIA HOUSING AUTHORITY TO COMPLETE A FOUR YEAR TERM ENDING NOVEMBER 1, 1999; 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.'1.14 'A RESOLUTION OF THE CITY OF DANIA FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF VICE-MAYOR JIM CALI TO THE GENERAL EMPLOYEES PENSION BOARD TO SERVE A FOUR YEAR TERM ENDING MARCH 2001; 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.,, (Staff) 1.17 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE PURCHASE OF THE DRIVE UNIT ON THE EAST SIDE WATER TREATMENT UNIT; AND PROVIDING FOR AN EFFECTIVE DATE." 1,18 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PROPOSAL FOR PROFESSIONAL SERVICES WITH BERRY & 3CITY OF DANIA - MINUTES APRIL 8, 1997 1.19 1.20 CALVIN, INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS PHASE ll; AND PROVIDING FOR AN EFFECTIVE DATE." (staff) "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THE PROPOSAL FOR PROFESSIONAL SERVICES WTH BERRY & CALVIN, INC. FOR NORTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.' (staff) "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANTS FOR 1997-98 BETWEEN THE CITY OF DANIA, FLORIDA, AND BROWARD COUNTY; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE." (staffl A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to approve the Consent Agenda with the exception of ltems 1 .2, 1.3 through 1.10, 1.15,'1.'16, 1.21 and1.22. 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 ITEMS PULLED FROM THE CONSENT AGENDA: Resolutions.' 1.2 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE SURPLUS AND OF NO INTRINSIC VALUE AND DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME BY SELLING TO THE HIGHEST BIDDER; AND PROVIDING FOR AN EFFECTIVE DATE." (Continued from 3125197 regular meeting) (staff) Vice-Mayor Cali requested information from staff on the types of items listed for fixed assets and the dollar level used to capitalize a fixed asset. Finance Director Jabalee reported that the amount is $500.00 and that the computer items involve mostly parts that are of no further use to the City. lt was clarified that $ 'l 5,614.00 will be written off when the equipment is deleted and that this amount represents the original cost of the equipment. Discussion followed on what method was going to be used to dispose of the equipment. Finance Director Jabalee advised that the assets are not worth the value of hiring an auctioneer and that the items could be advertised for bid. lf no bids are received, the equipment could be donated to a public institution. Commissioner Bertino recommended making the equipment available to Dania residents. Commissioner Hyde cautioned the City on going through the cost of advertising for bids on items that are only good for scrap. 4CITY OF DANIA - MINUTES APRIL 8, 1997 Mayor Mikes allowed Alfred Miguel to speak. Mr. Miguel recommend conducting a warehouse sale for people to review and pay for items. Mayor Mikes recommended establishing a procedure on disposing surplus equipment to handle future situations. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to amend the second Whereas in the Resolution to read "Whereas, the City Manager is hereby authonzed by the City Commission to dispose of said personal property declared surplus and that the same should be disposed of by selling by the most expedient means that will provide the most revenue to the City of Dania". 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 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to adopt the resolution as amended. 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE AIRPORT 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 HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (staff) 1.4 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE BUDGET ADVISORY COMMITTEE 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 MEMBERS TO THE COMMUNIry AFFAIRS 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." (staff) 5CITY OF DANIA - MINUTES APRIL 8, 1997 The motion passed on the following roll call vote: Z66T .8'IIUdV SSINNIUU - VINVO IO AIIS 0Jers) =tvo3nu-ctJlf NV uol cNtotnoud oNV :rct'HNoc Hcns lo tNft-x:l :lHl- OI CflV3dSU 38 HllM3UfH ICIIINOC Nl SNOIInIOSfU JO St-UVd UO SNOU-n]OSfU ttv rVHr CNtOtnOUd :866t HOUVI I 9NION:I t/\lufl UVfA 3NO V lnufs Ol ,,OUVOE AUOSIAOV fNlUVv\I,, fHt Ot SUfEUI-ltrI lO lNfl llNloddv fHl- CNll lulllv oNV 0Nt,^.lU-vu 'votuotj 'vtNVo lo A1l3 fHl- lo NolJ-nlosfu v,,9 L'L 9 Gels) ,, ltvo fntJ-ofllf uol 0Ntotnoud cNV :.131-llNoc Hcns lo rN-lrx3 3HJ- 01 clflvfdfuf8 H1|M3U3H r-CnlNOC Nr SNOrrnrOSSU lO SJ-UVd UO sNotlntoslu ttv t-vHt- gNtolnoud oNV :666t '9t Hcuvv! 'NooN 00:Zl :luldx3 St lufl UISH-L lllNn fnuf S 01 OUVOB e NINOZ ONV eNtNNVtd fHt_ ot_ su_t8v\l3v\l lo rNSt/\lrNloddv fHr eNlnlulllv ONV CNIAIIIVU ,VCIUOII ,VINVO IO IIC fHI- IO NOIINIOS]U V,, 0Jels) ,, =.t-vo fntrc-uJ3 uol eNtotnoud oNV :J-ct-HNoc Hons ro r-Nfr-xr rHr or- o3-tvfdlu 38 HIMfufH ICIIINOC NI SNOLLNIOS]U IO SIUVd UO SNOLLNIOSfUltv rvHJ- eNtotnoud oNV :666t. '9t Hcuvvll 'NooN 00:zI fuldxf st/\lu]t- utfHl ltNn fnuls 01 cuvo8 uoslnov Noltvfucfu oNV SyUVd fH.L 0t SUlSyIf!! lO t-Nf t/\lrNtoddv 3Hr eNlnulllv oNV CNTAJTTVU 'VOtuo-ti 'VtNVO lO l-tC fHr- rO NOrrnrOSfU V,, 0Jels) ,, =tvo inltcfllf uol eNtctnoud cNV :J-ct-BNo3 Hcns lo rNlrxl fH1 0J- o3rvfdfu38 HIA fUfH TCFINOC Nt SNOIn]OSSU lO SIUVd UO sNolJ-ntosfu ttv rvHr eNtotnoud oNV :666t '9t Hcuvt/r 'NooN 00:z! Sutdxf st/IUfI utfHl lllNn fnuSs oI ouvoS sNotl\fl_lu NVNnH 3HI OL Su_t8y\lft/\,t lO t_N3ylINtOddV :lHI 9NtnUElV ONV CNIAJIIVU ,VOIUOII .VINVO IO AI-IC 3HJ- IO NOIIN]OSfU V,, 0JEts) ,,31vo intrcill3 uol eNtotnoud oNV:lcnlNoc Hcns lo rNfrxl fHJ- oJ- oftv3d]u fg HIM:tufHICt-llNoc Nt sNoltntosf u lo sluvd uo sNotlntosfutrv J_vHt_ eNtotnoud cNV :666t '9I Hcuvy\l 'NooN 00:zt SUldxf st/!u31 utfHt_ llNn lnufs 01 ,,ouvo8 INfl ldotfnfofu NMOINMOO,, ONV .OUVO8 INSy\tdotSnlo 3ty\lONOCf vtNvo,, f HI oI su38n_tl/\ lo lN3y\llNtoddv fHt_ 0N[ luEJV oNV eNt^l|IVU 'VOtuotl 'V|NVO JO ,l..LtC 3Hl. lO NOtIntOSIU V,, O L'L 6'L 8't t'L 9'L Oels) ,, =tvo lntrcfllf Bol eNtolnoud oNV:tonlNoc Hcns lo rNfl-xf lHr or o-ltvfdfu :tg Ht-tM3u3Hrct-llNoc Nt sNorlnrosf u ro sruvd uo sNolrnlossuttv t-vHr eNlotnosd oNV :6661 '91 Hcuvv! 'NooN 00:zt Suldxf sv\lu_lt utfHr ll1Nn 3nu3s or ouvos NotsNSd ,su3lHcllfull ONV fCllod 3H1 Ol- SU38t/!3v! lO INf t/lINloddv fHI eNlv\,lulllv ONV CNIAIIIVU 'VCIUO-ll 'VINVO lO ,\..LlC SH.t lO NOIInIOS:IU V,' 1 .16 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE UNSAFE STRUCTURES BOARD TO SERVE A THREE YEAR TERM ENDING MARCH 12,2OOO; 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." (staff) Vice-Mayor Cali requested a legal opinion on whether additional names could be added to the prepared appointment resolutions under ltems '1 .4 through 1 .10, 1.15and1.16. City Attorney Adler explained that there have been some problems over the years with some of the actual terms not being served correctly and that a resolution is needed for all appointments according to the City Charter. For better record keeping, he recommended a two-step appointment process as follows: 1. The City Commission submits their nominations at a regular commission meeting;2. A resolution is prepared forthe appointment and adopted at the following regular commission meeting. Commissioner Hyde advised that some of the boards have terms that expire every two years along with the City Election and that resolutions on the agenda need to be passed to constitute some of the boards. City Clerk Jabalee clarified that the nominated date will be the effective date of the appointment and that the resolution will affirm the appointment at the following regular meeting as a matter of policy and procedure. City Attorney Adler read the titles of the resolutions for items 1 .3, 1 .4, 1 .5, 1 .6, 1.7,1.8, 1.9, 1.10, 1.15and 1.16. A motion was made by Commissioner Hyde, seconded by Commissioner Etling, to adopt all of the Resolutions as read by Attorney Adler. The motion passed on the following roll call vote Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes 1.21 Commissioner Etling - yes Vice Mayor Cali - yes "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING IN ITS ENTIRETY SECTION 27.202, ART|oLE VII OF CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA ENTITLED "IMPOSITION OF CHARGES" TO CAUSE SAID SECTION TO BE IN AGREEMENT WITH THE CODE OF REGULATIONS OF BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCES PROTECTION; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE." (First reading of Ordinance) (staff) 7CITY OF DANIA - MINUTES APRIL 8, 1997 2 1.22 ,AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING IN ITS ENTIRETY SECTION 27-54, ARTICLE IV OF CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CIry OF DANIA. FLORIDA ENTITLED'SCHEDULE FOR SEWER CONNECTION CHARGES" TO CAUSE SAID SECTION TO BE IN AGREEMENT WITH THE CODE OF REGULATIONS OF BROWARD COUNry DEPARTMENT OF NATURAL RESOURCES PROTECTION; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE" (Firsl reading of Ordinance) (staff) A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to continue items 1 .21 and 1.22. The motion passed unanimously. PROCLAMATIONS Declaring the month of April 1997 as "Aquatics Awareness Month." BIDS -none PUBLIC HEARINGS "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING SUB PARAGRAPH (a) OF SECTIoN 19-52, ARTICLE lV OF CHAPTER 19 OF THE CODE OF ORDINANCES TO ELIMINATE THE APPOINTMENT OF ONE CITY COMMISSIONER AS A MEMBER OF THE DOWNTOWN REDEVELOPMENT AGENCY; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) (staff) City Attorney Adler recommended to amend Sectron 1 of the Ordinance in Subparagraph (a) Sec19-52 Membership. meetinqs. records. etc by adding the following sentence at the end of the paragraph - "The members shall designate a Chairperson and a Vice Chairperson". A motion was made by Commissioner Bertino, seconded by Commissioner Hyde, to amend the ordinance as stated by Attorney Adler. The motion passed on the followrng roll call vote: 2.1 3. 4. 4.',| Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice Mayor Cali - yes For clarification, City Attorney Adler read the ordinance with the amendment Vice-Mayor Cali opposed the removal of a City Commissioner on the Downtown Redevelopment Agency based on the importance of future development in the downtown area of the City. He supported the appointment of Commissioner Bertino to the Downtown Redevelopment Board as the liaison for the City Commission. 8CITY OF DANIA - MINUTES APRTL 8, 1997 Mayor Mikes commented on the problem with city officials trying to set the agendas on the boards, which provides an individual agenda instead of a City Commission agenda. Commissioner Hyde mentioned that the previous City Commission decided to remove Commissioners from boards, except those that are mandated by State Statute, so as to reduce the possibility of one board becoming more important than another board, Commissioner Bertino recommended having the mission statements defined by the City commission for each board as a way to provide direction to the board members. Discussion followed on whether City Commissioners can provide input at board meetings. City Attorney Adler explained that all of the Commissioners can attend the board meetings but no two Commissioners can discuss the issues before the board according to the Sunshine Law. Discussion followed on whether this applies to advertised meetings or meetings that are not recorded. Mayor Mikes recommended that all board liaisons be directed to record and advertise all board meetings. City Attorney Adler agreed to obtain an Attorney General opinion on the procedures for City Commissioners to follow in regards to attending board meetings. Mayor Mikes recommended designating the Growth Management Director to be the Liaison for the Downtown Redevelopment Board due to the need for professional expertise on the board. Mayor Mikes opened public hearing. Jay Field and Ann Winters spoke in favor of removing Commissioners from advisory boards. Alex Buchsbaum and Rick Sowden agreed that Commissioners should not influence advisory boards and that the City Commission should respect the expertise of the members on advisory boards by taking their recommendations more seriously. Dede Allen opposed the ordinance Hearing no further comments, Mayor Mikes closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde, to adopt the ordinance on second reading. The motron passed on the following 4/1 roll call vote Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice Mayor Cali - no 9CITY OF DANIA - MINUTES APRIL 8, 1997 4.2 Public Hearing -LU-08-97 - Petitioner: Wilson C. Atkinson, lll, Owner: Griffin Pointe, lnc. (8.9 acres of land located west of Ravenswood Road and north of Griffin Road) "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TRANSMISSION OF A LAND USE PLAN CHANGE FROM LOW (5) RESIDENTIAL TO COMMERCIAL ON A PARCEL OF LAND CONTAINING APPROXIMATELY 9.548 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF GRIFFIN RD. AT APPROXIMATELY THE 23OO BLOCK, CONTAINING THE FOLLOWING: LOT 16, BLOCK 4, THE MARSHALL EVERGLADES LAND CO. SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 25.00 FEET THEREOF, AND LESS ALL THAT PART OF SAID LOT 16, LYING WTHIN 55.00 FEET OF THE SOUTH LINE OF SAID SECTION 29, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, CONTAINING 9.548 ACRES. PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE." (staff) Leigh Kerr, City Planning Consultant, explained the request to amend the Broward County Land Use Plan by including property from the Griffin Road area. A drawing was provided to show the location of the site and the change in zoning from Low 5 Residential to Commercial. Mr. Kerr advised that the petitioners agree that the commercial classification will provide a more compatible use with the aviation aspects in the area. The Planning & Zoning Board recommended approval. Commissioner Hyde mentioned that the public notice showed the property as being located at 2300 Griffin Road when the actual property is located on the other side of the street. Mr. Kerr assured Commissioner Hyde that the graphic provided with the public notice met all legal advertising requirements. Attorney Wilson Atkinson, representing Griffin Pointe lnc., explained that the property involves 8.9 acres extending from Griffin Road back to 45th Street and lying east of SW 23'd Avenue. Mr. Atkinson mentioned that the Broward County Airport Authority advised him that the residential zoning use is inconsistent with plans to expand the Fort Lauderdale-Hollywood lnternational Airport. Mr. Atkinson presented a build concept for a 100,000 square foot single story showroom warehouse and mentioned the difficulty in providing a better proposal until the land use is changed. Mr. Atkinson commented on the time frame involved with the approvals and assured Vice-Mayor Cali that a shopping center concept is not part of the plans since the market does not dictate the use for the atea. Mayor Mikes clarified that the petitioner purchased the property four months ago knowing that it was zoned residential. The County needs billions of dollars to go through with the airport expansion and Broward County is going to discourage CITY OF DANIA - MINUTES 10 APRIL 8, 1997 any residential development in this portion of the City. Mayor Mikes expressed the importance of protecting taxpayers that have owned their homes for years. Further comments were presented on the City having better opportunities for development with the Bass Pro Project. Mr. Atkinson disagreed with comments from the Commission that warehouse use would automatically include an increase in tractor{railer traffic. He warned the City that rental property would not survive over the next decade in the western section of the City and that a site plan for residential houses did not seem feasible when comparing property values in the area. Mayor Mikes opened the public hearing Thomas Grammer opposed the commercial use and commented on the improvements that have been made to the single-family element in the area over the past few years. Ann Wnters adamantly opposed Mr. Atkinson's perception of the residential area and stressed the need for the residents to be protected from the expansion of the airport. Beverly Heinritz, Donna Wechter, Karen Russell, Alfred Miguel, and Alex Buchsbaum presented their opposition to the proposed commercial use. An unidentified resident expressed concern that the proposed pro.iect may bring additional traffic impact to the Griffin Road and side streets off 45th Street that are already burdened by truck traffic. Mrs. Marriotti expressed concern for the children in the residential neighborhoods and urged the City Commission to support the families that are living in the area. Karen Newman, Hallandale, opposed the commercial development based on the need to preserve the beauty of the property site that is enriched with Oak Trees and wildlife. Jay Field opposed the commercial development and cautioned the commission that once lands are changed from Residential to Commercial there is no way of protecting them again. He reminded the City Commission that the owners must have been well aware of the land use limits when they purchased the property and that traffic from the proposed use would possibility affect future development. Hearing no further comments, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino, to deny ltem 4.2. Mayor Mikes allowed Mr. Atkinson to come forward to respond to the action taken on the item. Mr. Atkinson apologized to anyone who may have been insulted, especially Mrs. Winters, by his comments about the western residential neighborhood of the City CITY OF DANIA - MINUTES 11 APRIL 8, 1997 He then pointed out on a map the location of the land that he mentioned would have residential development problems because of surrounding commercial land use. Mr. Atkinson urged the City Commission to table the matter in an effort to keep the issue alive until a better proposal with a possible park could be brought back. Vice-Mayor Cali clarified with City Attorney Adler that Broward County is not bound by the City's decision against the development. Mayor Mikes expressed the importance of maintaining the viability of existing residential neighborhoods and supporting taxpayers of the City of Dania. Commissioner Bertino clarifled that according to the Airport lnterlocal Agreement the City Commission is not expected to take action that would be detrimental to its residents. The motion to deny passed on the following roll call vote Commissioner Bertino- yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Etling - yes Vice Mayor Cali - yes Vice-Mayor Cali requested that Chief Frey look into the need for better enforcement of the truck traffic along 45th Avenue/25th Street. 5. SITE PLANS-none 6. CITIZENS' COMMENTS: coMttENTs By DANTA ctrtzENs oR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED WRBALLY PRIOR TO 1:OO P,M. THE SECOND (/D) AND FOURTH HfH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATIJRE WILL BE RESPO'VDED TO BY THE OFFICE OF THE CITY MANAGER, IN fHE EVENT THAT THE CO'VCER'V REMA'IVS UNRESOLVED, THE CITIZEN(S) OR PARTY WLL BE ASKED TO ADDRESS THE CITY COMMISS'O'V DUR'A'G THE MEETING, EXP E N D lT U RE REQUESIS-none D'SCUSS'ON AA'D POSS'BLE ACT I O N Discussion of mission statement for "Occupational License Review Advisory Committee."(City Commission) Vice-Mayor Cali presented the following mission statement for the Occupational License Review Advisory Board - "To create an environment for business to prosper by performing ongoing review of Dania Occupational License fees in relationship with fees from other Broward County cities and to make recommendation to Dania's fees to be equal or less than any other city in Broward County". It was Mayor Mikes' understanding that the City could only lower fees or raise only a certain percentage ofthe Occupational License fees. He recommended to 7. 8. 8.1 GITY OF DANIA - MINUTES APRTL 8, 't99712 make the occupational fees revenue neutral since certain board members might have a tendency to lower their own occupational type fees and transfer the burden to other business groups. Commissioner Bertino recommended that the City Manager provide a detailed mission statement for each board to the City Commission for revisions, the statements could then be discussed at a workshop meeting, and finally placed on a regular meeting for adoption. Vice-Mayor Cali disagreed with turning the mission statements over to staff. He recommended obtaining input from board members on the mission statement for each board and bringing the drafi to the City Commission for final approval. Vice-Mayor Cali expressed the importance of establishing fees that are equal or less than other municipalities. Commissioner Hyde reminded Vice-Mayor Cali that it might not be feasible to reduce all of Dania's Occupational License fees as the City depends upon the revenue for operating costs. He urged the City Commission to establish the mission statements of each board as he felt that the City Commission should dictate the role of each board. Commissioner Etling suggested researching Occupational License rate information from other cities prior to taking any further action. City Manager Smith advised that other cities use a different terminology when it comes to Occupational Licenses and that the City's fees are combined. Mr. Smith urged the City Commission to involve staff in establishing the mission statements since each board is established by resolution or ordinance and it's just a matter of defining each board's goals. Commissioner Hyde recommended having staff provide copies of the cover sheets or resolutions forming the boards to the next meeting so that the City Commission has something to start with in reorganizing the boards. Discussion followed on the following: *Appointing qualified persons to certain boards that require expertise;*Getting the boards motivated to meet*Having the boards provide a quarterly report on their activity;*lnvolving boards in agenda matters that may apply as long as a time limit on reporting back is included;*Addressing vacancies on a more efficient basis;*Reducing the quorum on certain boards in order for boards to meet. City Manager Smith informed the City Commission that a joint workshop with FAU is scheduled at City Hall sometime in May and that the seminar will involve State Statute and ethics requirements for advisory boards members. Commissioner Hyde submitted the following resolution heading for the Occupational License Review Board to be prepared for the next regular meeting agenda- "A committee to make recommendations to the City Commission to establish and maintain fair and equitable Occupational License fees". The City Commission decided that a more defined mission statement and appointments CITY OF DANIA _ MINUTES 13 APRIL 8, 1997 for the Occupational License Review board could be addressed at the next meeting. 8.2 Discussion of amending qualifications for members on the Marine Advisory Board to include "a resident or person engaged in marine related business in the City of Dania". (Vice-Mayor Cali) Vice-Mayor Cali mentioned that the marine industry is changing rapldly in the city and that the membership on the Marine Advisory Board should be expanded to include qualified individuals who are engaged full time as an owner or employee of a major marine business in the City. Commissioner Hyde reminded the Commission that the Charter clearly states that board members must be residents of Dania. Mayor Mikes understood that advisory boards were generally set up to include taxpayers, which includes persons owning a business or residence. Mayor Mikes suggested designating a percentage of members in the marine business and who are waterfront residents. Commissioner Bertino recommended expanding the board membership to include marine business groups, but keep the majority of the board as residents. Commissioner Hyde advised that the Dania Marine Trade Association is all Dania Businesses and that the Marina Mile involves four cities. Discussion followed on increasing the membership to 15 members with each commissioner making three appointments; two citizens and one person from the marine industry. The consensus of the City Commission was to draft an ordinance for the next agenda expanding the Marine Advisory Board to 15 and include the same business member requirement as defined in the Dania Economic Development Board. 8.3 Discussion regarding the City Manager vetoing items placed on agenda by members of the City Commission. (Mayor Mikes) Mayor Mikes mentioned that sometimes commissioners might try to influence the City Manager with respect to placing certain items on the agenda or from keeping other commissioners from placing certain items on the agenda. Mayor Mikes expressed his dissatisfaction with the placement of some of his agenda items on the agenda. He stressed that each commissioner has the same rights as another commissioner and that no three commissioners, wanting an action opposite of another commissioner, should be placing pressure on the city manager to remove a voting item from the agenda. City Manager Smith clarified that at no time has any commissioner, past or present, influenced him with placing items on the agenda or removing items on the agenda. With regards to the Southeast 5th Avenue issue, it was placed under the discussion area with possible adoption of a resolution, which was not unusual. Mr. Smith continued to explain that staff moved the item once Mayor Mikes expressed his desire to have the item placed under the Consent Agenda section. CITY OF DANIA - MINUTES 14 APRIL 8, 1997 Vice-Mayor Cali mentioned that other county and municipal commissions prepare agendas seven days in advance oflheir meetings. This procedure provides time to review the material and make adjustments to the agenda for emergency items. Commissioner Hyde and Commissioner Bertino agreed that Thursday delivery of the agenda is acceptable since an earlier agenda delivery may create a proliferation of addendums. Commissioner Bertino recommended making it more difficult to add addendum items with a majority vote of the commission and to make all addendum issues discussion items. Vice-Mayor Cali made a motion adopting a seven (7) day rule (Wednesday prior to the Tuesday meeting) for agenda distribution, placing all addendum items under discussion, moving emergency addendum items to action items with a majority vote of the city commission. The motion was seconded by Commissioner Bertino. Mayor Mikes clarified that the cut-off now on addendums is Monday 12:00 noon Commissioner Etling expressed concern that the minutes may not be completed in time to place on the agenda with the change in delivery since the staff person preparing minutes is getting multiple interruptions. City Clerk Jabalee added that time is also taken up with coordinating agenda items with other departments. The motion failed on the following roll call vote Commissioner Bertino- yes Commissioner Hyde - no Mayor Mikes - no Commissioner Etling - no Vice [t/layor Cali - yes The Commission decided to work further on the procedure and staff was asked to check with each department head to determine the implications of changing the agenda delivery. City Manager Smith agreed to discuss the matter at the next staff meeting. 8.4 Status report on SE 5 Avenue surveys. (staff) City Manager Smith advised that Berry & Calvin have started working on the surveys for the Southeast 5th Avenue righfof-way (north and south of Dania Beach Boulevard.) He expected it to take several weeks to accomplish the survey work. Mayor Mikes reminded City Manager Smith that time is of the essence on the project. CITY OF DANIA _ MINUTES 15 APRTL 8, 1997 8.5 Discussion of frequency of advisory committee meetings and their agendas. (Mayor Mikes) Jay Field mentioned that the Airport Advisory Board ran so smoothly because of the bylaws that were established for the board and that a mission statement was also created with assistance from the City Commission. Mr. Field urged the City Commission to provide direction to the boards and to have each committee adopt bylaws and mission statements with prior approval of the City Commission. Mr. Field expressed his dissatisfaction with the lack of action that the City Commission has taken on recommendations presented by the Charter Review Board. He urged the City Commission to provide respect to the citizens who worked for several months on the changes to the Charter by approving or denying the recommendations. Vice-Mayor Cali requested that a copy of the recommendations from the Charter Review Board be provided to him and that staff schedule a workshop meeting in May to discuss the issues. 9, APPOINTMENTS 9.1 Ten (10) members needed on the Airport Advisory Board. Commissioner Bertino nominated Billie (Hilary) Phipps. Commissioner Etling nominated Kim Lopes, Jay Field, and Alex Ortiz 9.2 One member needed on the Budget Advisory Committee. Vice-Mayor Cali nominated Judith Coatsworth 9.3 Six (6) members needed for the Community Affairs Advisory Board. Commissioner Bertino nominated Kathryn Philpart Vice-Mayor Cali nominated Mary Tuten 9.4 Eight (8) members to the Dania Economic Development and Downtown Redevelopment Board. Commissioner Etling nominated Alex Ortiz Vice-Mayor Cali nominated Philip Miller 9.5 Five (5) members on Human Relations Board. Vice-Mayor Cali nominated Greg Meyer and Shirley Seay 9.6 Four (4) members on Marine Advisory Board. Commissioner Hyde nominated Douglas Heller Commissioner Bertino nominated Louis Webb 9.7 Five (5) members on Parks & Recreation Advisory Board. Vice-Mayor Cali nominated Dede Allen and Deanna Jagemann Commissioner Etling nominated John Dai Zovi and Tim Cates 9.8 One (1) member on Planning & Zoning Board. No appointments CITY OF DANIA - MINUTES 't6 APRIL 8, 1997 9.9 Civil Service Board - One (1) Alternate for Commission appointment and three (3) citizen nominations. Vice-Mayor Cali recommended the nomination of Patrick Santeramo for Commission Alternate. The City Commission generally agreed. 9.10 Two (2) members and two (2) alternate members needed for Code Enforcement Board. Commissioner Hyde nominated Bill Sargent for reappointment as the Electrical Subcontractor. Vice-Mayor Cali recommended the nomination of James Rogers as the Plumber/Mechanical Subcontractor. Vice-Mayor Cali nominated Donna Mathis and Stacy Costello as the Alternates The City Commission agreed with the nominations. 9.11. One (1) member needed on the Unsafe Structures Board. Vice-Mayor Cali nominated Robin Coatsworth for the Real Estate Property Appraiser. Mr. Coatsworth's resume was submitted. 10. ADMINISTRATIVEREPORTS 10.1 City Manager - Discussion followed on the need for the City Commission to stick with the Tuesday workshop meeting nights for the public. A Workshop Meeting was scheduled April 29 at 7:00 p.m. to discuss management reviews and interviews with Growth Management Director candidates. City Manager Smith reported that the street sweeper will be utilized on the streets soon and that tax preparation assistance is available to the public on Tuesdays and Thursdays for the April 15 tax deadline. Mr. Smith mentioned his appreciation for receiving a Community Service Award March 30 from the Friends of Children organization and a reminder that the volunteer party is scheduled for April 18. 1O.2 City Attorney - no comments 11. COMMTSSTON COMMENTS 11.1 CommissionerBertino The Bahamas Baseball team was recognized 11.2 CommissionerEtling CITY OF DANIA - MINUTES 17 APRTL 8, 't997 The Parks & Recreation staff were recognized for their efforts with the Springcelebration for Easter at Meri park and ior their assistance with the BahamasBaseball Team event. 11.3 Commissioner Hyde - no comments 11.4 Vice Mayor Cati Staffwas asked to produce a comprehensive written report within 30 daysdefining whether city buildings and park facilities comply with the Federalregulations for Handicapped and Disabled Americans. bity Manager Smithadvised.that a survey has been compreted and that a consirtant wr:[ be reviewinga transition plan within 30 days. Vice-Mayor cari requested a copy ot tne surveyi Vice_-Mayor cali expressed his dissatisfaction with the actions taken by MonicaGriffith, Personnel Director, to place the qualifications and identities oitheGrowth Management Director candidates in the Miami Herald before supplyingthe information to the City Commission. Vice-Mayor cali was pleased to report that ream Dania from Dania Jai Alai took third place in the Florida Tournament of Champions this past Friday. City Manager Smith was asked to prepare a proclamation for Team Dania foi their excellent job. The Dania Fire Station #1 paramedics and firefighters were commended for their expedient response and professional services that saved the life of Mayor Cali,s neighbor on March 31 . 11.5 Mayor Mikes Mayor Mikes mentioned that backup information is not being supplied to the City Commission on some agenda items and that the information is needed in order to make an intelligent decision. Staff was also asked to make a public copy of the agenda available. Mayor Mikes reported that the DRI was approved with conditions at the Broward County Regional Planning Council meeting yesterday. He mentioned that Fort Lauderdale is being granted millions of dollars in the expansion without de- annexing any property. He was disappointed that Attorney Earl Gallop only raised issues relating to road improvements on State Road 84 and job opportunities when the real issue about the expansion involves the noise impact to a large portion of Dania residents. This meeting was adjourned IryCL UDITOR MAYOR-COMMISSIONER CITY OF DANIA - MINUTES 18 APRTL 8, 't997 cI^