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HomeMy WebLinkAbout610 - MINUTES - City Commission MINUTES OF REGULAR MEETING • DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 10, 2004 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Allegiance Reverend Richard Austin, First Baptist Church of Dania Beach, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: C. K. McElyea Vice-Mayor: Bob Mikes Commissioners: Robert Anton Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Approvals 4.1 Presentation by Mayor Ilene Lieberman, Broward County Commission Ilene Lieberman, Mayor of the Broward County Commission, addressed the Commission and asked Commissioner John Rodstrom to join her at the podium. She is here tonight to talk about issues of importance and how we work together. She advised that as of today, the County approved to transmit three new proposals: one is for transportation oriented concurrency; second is two new classifications for a transit corridor and a transit node; and the last item is the second portion of the beach re-nourishment program. She advised the second segment of the beach re- nourishment program would be $39M. The County Commission is thrilled that Dania Beach is 100 years old and the oldest city in Broward County, and has participated in the City's events and provided gifts for our Sister City. In November, the lobby in the Government Center will display the history of Dania Beach. She remarked that Commissioner John Rodstrom is one of the reasons that Dania Beach has been successful in obtaining money from Broward County. Minutes of Regular Meeting I Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. John Rodstrom, District Commissioner for Dania Beach, advised the August 24, 2004 Broward • County agenda has 3 parcels that have been taken off the tax roll. One will be back on the tax roll and is going to Public Auction; he is asking the Commission to make a payment in lieu of taxes to the City on the other two properties. In addition, the City will soon bring a list of properties they wish to purchase for the CRA to the Commission. He also addressed the property off Dania Beach Boulevard that the County approved for a housing project that the Port may be considering purchasing. He knows the City believes it needs the property for development to improve the tax base and he will continue to represent the City to the best of his abilities because he loves this City. Mayor Lieberman remarked they were here to share success stories and express the County's desire to help develop the CRA area. She thanked everyone for the time and dedication they provided to their positions. Mayor McElyea presented Mayor Lieberman and Commissioner Rodstrom with a book of the history of Dania Beach. Vice-Mayor Mikes thanked the people who developed the book and thanked John Rodstrom for his help with the airport issues. He remarked that the people are well represented by him, and he did an excellent job of chairing the airport committee. He also commented that he appreciates Commissioner Rodstrom's efforts to save tax dollars. 4.2 Presentation by Willowstine Lawson, Regional Director for U.S. Senator Bill Nelson Willowstine Lawson, Regional Director for Senator Bill Nelson in Broward County, distributed a handout to the Commission. She thanked the City Clerk for her assistance in coordinating tonight's presentation. She advised that Senator Nelson is not in the area but she is in Broward County on a regular basis to assist the citizens. She stated that Senator Nelson is aware of what is going on in our community and their office is located in Davie. Their office is available to assist and update the City on issues or concerns. She encouraged the City to coordinate with their office for any appropriation requests. She advised she would be in the lobby for any interested citizens. Mayor McElyea presented Ms. Lawson with a book on the history of Dania Beach., 5. Proclamations There were no Proclamations for this meeting. 6. Citizen Comments Shelly Eichner, on behalf of MKN Investors, advised that several months ago a change was requested on the plat for Griffin Lakes. The request was to exchange 36 affordable housing units for 36 flex units. The request was due to her client's inability to sell the affordable housing units • because there was no demand. The request was approved by the City and the County. She is Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. here today requesting modification of the resolution, because the County has deferred the hearing • for two weeks. She is asking the Commission to modify the Resolution to request the allocation of the flex units to replace them with reserve units which would shorten the process and keep the project going. She advised that 255 of the 427 units have already been sold. If they were delayed by going through a local plan amendment by nine months, it would bring the project to a halt. There would be no increase in density on the project. The request is because they were deferred for 2 weeks by the County Commission, and the City Commission does not have any meetings between tonight and the next County Commission meeting. Larry Leeds, Director of Community Development, stated he did not have any objections from a planning standpoint because it simply swaps one type of development right for another type. The total amount of flex and reserve units will not change and the project is three quarters complete. City Attorney Ansbro responded that he did not have the opportunity to research whether or not a Public Hearing was required. He does not think it is, and the applicant is proceeding at their own risk if it is. He has a resolution available tonight to support the request. Vice-Mayor Mikes motioned to add the request to the Agenda; seconded by Commission Anton. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes City Attorney Ansbro read the title of the Resolution: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATION TO THE FLEX UNIT ALLOCATION BY MKN INVESTORS, LLC, TO ASSIGN 36 RESERVE UNITS IN LIEU OF THE 36 FLEX UNITS PREVIOUSLY ASSIGNED TO THE GRIFFIN LAKES PLAT ON JUNE 22, 2004, FOR PROPERTY LOCATED WEST OF RAVENSWOOD ROAD, SOUTH OF GRIFFIN ROAD, EAST OF SW 24TH AVENUE AND NORTH OF SW 51sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury motioned to approve the resolution; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes Debra Wallace, 15 NW 14`h Avenue, Dania Beach, presented a handout to the Commission She advised that she previously addressed the Commission on July 27, 2004 regarding the construction site at 71 SW 12th Avenue. She does not understand why their questions and serious concerns were not made a priority after that meeting. This is not just her family's health . problem; other residents in Dania Beach are also affected. She thanked the City Manager for responding to her first letter. She remarked that she has not received any contact from Larry Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Leeds; she contacted the office and was told he was on vacation. She contacted the Broward • Times, Mr. Elgin Jones, the Miami Herald, Hector Florin, and WLRN. All of these contacts thought the story was important and ran the story. She also spoke with the Environmental Protection Agency and Health Department. She stated a temporary wall has been erected, but it should have been erected before construction began. No one can reverse their health concerns. She feels it is important that the City of Dania Beach, the City Manager's office, needs to apologize to the residents affected by the construction site. Sometimes, if we act sooner we can detour some of these problems. She stated she would like a response from the Commission. Mayor McElyea responded that he spoke to her after the meeting and spoke to the City Manager. The City Manager advised him the County found no health concerns in the area and the construction company had installed a screen to keep the construction materials contained. He thought everything was under control. City Manager Pato responded that he contacted the Health Department and the Department of Environmental Protection and they found nothing wrong with the site. Mr. Leeds met with developers when he returned from vacation, and they agreed to install a protective fence. He feels the City has done everything possible to help Ms. Wallace. The issue needs to be addressed by both City and County agencies. He remarked that no evidence has been shown that a problem exists. There is no connection to the construction site that science can demonstrate. City Attorney Ansbro added that City Manager Pato called Ms. Wallace the day after the Commission meeting. That same day he called the County Health Department and the Department of Environmental Protection. He stated the City takes citizens' concerns very seriously. The Developer has also done what he can. He suggested that an apology was not needed, but perhaps, a thank you from Ms. Wallace for the help the City provided. Ms. Wallace remarked she did not think it was properly addressed. She asked how the City would handle problems that occur on their side of Dania Beach in the future. She remarked that the City Manager told her to contact the County. City Manager Pato responded that was correct; he did tell her to contact the County. He also contacted the County for her and asked them to contact her, and they responded very quickly. He agreed with the City Attorney that she should be thankful that the City took the extra effort to get the County to respond as quickly as they did. Commissioner Chunn asked if anybody had talked to the people in the area. He has been to the area and knows a lot of the people, and something is going on in the area. A lot of the residents felt the problem was not addressed soon enough. He advised one resident has contacted an attorney. Some people have not been affected, but others have. He thinks people feel the City did not show enough sensitivity, and he concurred with this sentiment. He remarked there once was a dump in the area and the situation needs to be looked into. He sympathizes with the people who live in the area. Mayor McElyea remarked he personally has been to the area and apologized to Ms. Wallace for • not going back to her personally,but he did speak to the City Manager. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. • Ms. Wallace stated she tried to arrange a meeting between the community and the City Manager, but she received a letter saying that he could not come to the rally at her house. She just wanted him to meet the taxpayers in the neighborhood. She stated she feels the City Manager should apologize. 7. Consent Agenda 7.1 Minutes: There were no minutes presented at this meeting. 7.2 Travel Expenditures: There were no expenditures presented at this meeting. 7.3 Bills: There were no bills presented at this meeting. Resolutions 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN INVESTMENT POLICY WHICH IS TO BE ESTABLISHED BY THE CITY IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 218.415; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS IN THE CITY OF DANIA BEACH; AMENDING RESOLUTION NO. 2004-115, ADOPTED JULY 26, 2004 TO CHANGE THE PUBLIC HEARING DATE FOR ASSESSMENTS TO BE COLLECTED FROM FY • 2004-2005 FROM SEPTEMBER 8 TO SEPTEMBER 13,2004 AND TO CHANGE THE PUBLICATION DATE FOR NOTICE OF SUCH HEARING FROM AUGUST 18 TO AUGUST 20, 2004 (INCLUDING A REVISION TO THE RELATED APPENDIX); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE ASSESSMENTS IN THE CITY OF DANIA BEACH; AMENDING RESOLUTION NO. 2004-116, ADOPTED JULY 26, 2004 TO CHANGE THE PUBLIC HEARING DATE FOR ASSESSMENTS TO BE COLLECTED FOR FY 2004- 2005 FROM SEPTEMBER 8 TO SEPTEMBER 13, 2004 AND TO CHANGE THE PUBLICATION DATE FOR NOTICE OF SUCH HEARING FROM AUGUST 18 TO AUGUST 20, 2004 (INCLUDING A REVISION TO THE RELATED APPENDIX); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH FOR SCHOOL CROSSING GUARD STAFFING SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $78,000.00 FOR THE SCHOOL YEAR 2003/04; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS,AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME AT THE DIRECTION OF THE CITY MANAGER;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. 7.8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA • AUTHORIZING A TRANSFER OF FUNDS AS PROVIDED IN APPENDIX "A"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances 7.9 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33, "SCHEDULE OF CHARGES", TO INCREASE THE FINES FOR PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (First Reading) b) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC",OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79,"FINES",TO INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.10 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "RAVENSWOOD ROAD BUSINESS PARK", PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 3013 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DANIA PLACE PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE NO. 2003-016, ADOPTED ON MARCH 25, 2003, FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45TH STREET,EAST OF SW 30TH AVENUE, WEST OF SW 28TH TERRACE, AND SOUTH OF THE DANIA CUT-OFF CANAL ("CAPE FEAR" PLAT) IN DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; BY MODIFYING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Vice-Mayor Mikes pulled Item 7.11 for discussion. City Attorney Ansbro read the title of the Ordinances. Commissioner Anton motioned to approve the Consent Agenda, with the exception of Item 7.11; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton-Yes Vice-Mayor Mikes-Yes Commissioner Chunn-Yes Mayor McElyea-Yes Commissioner Flury - Yes City Attorney Ansbro read the title of the Ordinance in Item 7.11. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 10,2004-7:00 p.m. Larry Leeds, Director of Community Development, advised the City approved a master plan, rezoning, and a site plan for a project known as Cape Fear for 55 townhouses and zero lot line units. The applicant has revised the site plan with a reduction in the side yard setback from 451h Street. The original plan had a 30' setback; this plan has a 25' setback. The landscape plan has also changed. Because this was approved by Ordinance, it needs to be amended by Ordinance. Staff will provide a complete staff report at the second reading of the Ordinance. He advised the request does meet the City Code. Vice-Mayor Mikes asked if this would affect the buffer area by the park. Mr. Leeds responded no. Vice-Mayor Mikes asked for the status of the project. The petitioner responded they had problems with the Corps of Engineers to permit the marina. He advised the final landscape plan, tree removal and replacement and all other issues will be resolved for the second reading. They look forward to beginning construction immediately. They will do a phased construction of the marina by digging a portion now, which will provide the fill needed for the site; the remaining portion of the marina will be dry pending Broward County getting their Manatee Sighting Plan through the Corps. After that, they will have permission to build the marina and will be 100% complete. Commissioner Flury asked if the landscape plan had changed. • Mr. Leeds responded the number of Oak Trees to be removed has increased due to construction and the condition of the trees. The applicant will replace the trees with a line of 8" Oak Trees along 45th Street. He stated this is necessary in order for the project to move forward. The setback change is due to the building configuration and turning requirements for safety vehicles. Commissioner Flury motioned to approve Item 7.11; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes-Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury -Yes 8. Bids and Requests for Proposals There were no proposals for this meeting. 9. Public Hearings and Site Plans 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF • ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH CHAPTER 2004-21,LAWS OF FLORIDA, WHICH SPECIFIES Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. THAT RETIREES MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING • FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) City Attorney Ansbro read the title of the Ordinance and advised this was a housekeeping measure for the City's Pension Plan to comply with State Law requirements. Mayor McElyea opened the Public Hearing. Seeing there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes asked if the City was ready to do all this on a timely basis. Patricia Varney, Director of Finance, responded in September the City will be receiving the listing they will provide. She met today with the Labor Attorney and they discussed the issue. We will not know the outcome until the information is received. She advised we did an extensive reconciliation last year on the Telecommunication Tax. The only difference with the State Insurance is they provide every City a number and it can be a problem. Vice-Mayor Mikes motioned to approve Item 9.1; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury—Yes 9.2 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 28 "SIGNS," SECTION 28.140, "SHOPPING CENTERS, HOTELS, OFFICE COMPLEXES AND INDUSTRIAL COMPLEXES WITHIN 1,000 FEET OF I-95 OR I-595," SECTION 28.160, "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS," AND SECTION 28.180 "PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY" TO REVISE THE LOCATION AND SIZE REQUIREMENTS FOR SPECIFIED TYPES OF SIGNS; AMENDING ARTICLE 28 "SIGNS," SECTION 28.200 "RELIEF FROM REQUIREMENTS, SIGN ADJUSTMENT, VARIANCES" TO REVISE THE CRITERIA FOR GRANTING A SIGN ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance. Larry Leeds, Director of Community Development, advised they are in the process of sending notices to property owners who have prohibited signs. We want to make it easier to replace signs and the current Code is very confusing. This amendment is housekeeping changes to create requirements in one section of the road to deal with properties along the principal arterials. The current Code bases the size of signage on the frontage of the building, with no maximum. The proposed Ordinance sets a limit on the size of signs allowed and is easier to understand and explain. • Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or ® opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Item 9.2; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 9.3 DR- 34-04 — Delegation Request by Craven Thompson & Associates, Inc., on behalf of Bayard Spector, to amend the plat note by increasing the number of boat slips from 61 to 80, located at 1540 Griffin Road. (Continued from July 27, 2004, Commission meeting) City Attorney Ansbro read the title of the Ordinance. Corinne Church, Principal City Planner, advised the property is located near the SW corner of the airport. The property has a current Occupational License for sale of accessory boat parts and boat storage. The original plat was approved for 80 boat slips and was amended to allow the office and retail footage, a hotel, and 61 boat slips. The request is to allow for 80 boat slips which is what was originally approved for the plat. Staff recommends approval of the request. Commissioner Anton asked why it was changed. Larry Leeds, Director of Community Development, explained how the County calculated for Impact Fees. He reiterated that staff recommended approval of the request. Ed Ploski, Craven, Thompson and Associates, advised his client took title to the property in 2003 and is the current owner. They have plans to redevelop the area and would like to increase the boat slips back to the original amount of 80 slips. Mayor McElyea opened the Public Hearing. Seeing there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury asked where the office space was located. Mr. Leeds responded in 1985 there was a plan to build a 200,000 square foot office, marina and retail on site. The hotel was not part of original plan,but came later when it was decided it was a more appropriate use by the owner. The site plan for the hotel has been submitted and is being reviewed. Commissioner Flury is concerned because the site is a mess. She asked if the marina was under construction. Mr. Leeds responded there currently is a.marina on the site. • Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. Vice-Mayor Mikes asked for what types of developments deposits were being taken. • Mr. Ploski responded he could not speak to the type of hotel. He remarked plans are with the City for a hotel and marina. Vice-Mayor Mikes commented they may be taking deposits, and wondered if they were taking deposits on something that hasn't gone through the process. City Attorney Ansbro responded he researched the condominium law today and it allows the developer to enter into a reservation agreement provided funds are submitted to an escrow agent. This allowed by Florida Statute 718.202 (6). Commissioner Anton asked about the zoning code for live-aboards. Mr. Leeds, responded live-aboards are not allowed under the current code. He does not know the status because he cannot go on the property because it is fenced off. The applicant was previously cited for renting the property as an illegal RV park. The applicant has recently removed some Australian Pines, which is allowed. Bayard Spector, owner of the property, advised he purchased the property in May 2003, and live- aboards were on the property and they are still there. They have been there for 8 years. He advised that everyone on the property will have to vacate the property when the docominium sales are completed. He is working to clean the area and it will be beautiful when it is • completed. The Commission will have an opportunity to see all the plans very shortly. There will be a six story parking garage to accommodate 695 cars. It will be a five-star condo-hotel. Vice-Mayor Mikes asked if the docominiums were based on 61 or 80 slips. Mr. Spector responded he can't sell more than what is approved. He provided the Commission with a brief history of the property. Mr. Leeds will have to revisit the answer to Commissioner Anton regarding live-aboards. Mr. Spector advised a pump-out station is currently on-site, and is approved by the Board of Health. All the people who live on the boats use the facilities for showers and to pump-out. Commissioner Anton asked if the additional boat slips would be for live-aboards. He asked if they were currently leasing spots. Mr. Spector responded they are not taking any more boats because they have begun construction of the marina. Half of the marina is currently being used. They will tell everyone to leave when they know the project is approved. They currently are working on the dredging. When that is complete, they will begin on the seawalls. They hope to have it completed by next summer and break ground on the hotel next summer. • Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. Mr. Leeds advised they are moving as quickly as they can, but this is a very large project, ® 617,000 square feet, and they want to insure that it is done right. Mr. Spector complimented the City staff on the work they have done on the site plan review. Commissioner Flury asked what size building was proposed. Mr. Spector responded nine story, with a step-down. Commissioner Flury asked if the site could handle 81 boat slips. Mr. Leeds responded the boat slips are not the problem. The question is can they provide sufficient parking for a 350 room hotel with ancillary uses. Commissioner Chunn motioned to approve Item 9.3; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA BEACH COMPREHENSIVE PLAN FOR 120 ACRES, MORE OR • LESS, OF PROPERTY DESCRIBED IN EXHIBIT "A" FROM "ESTATE (1) RESIDENTIAL" DESIGNATION TO "CONSERVATION" DESIGNATION; AMENDING THE FUTURE LAND USE ELEMENT TO DESCRIBE CERTAIN ADDITIONAL USES PERMITTED IN THE FUTURE LAND USE PLAN MAP "CONSERVATION" DESIGNATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) (Continued from June 22 and July 27, 2004, Commission meetings) City Attorney Ansbro read the title of the Ordinance. Larry Leeds, Director of Community Development, remarked that Vice-Mayor Mikes had questions about this Ordinance and the City Attorney is prepared to respond to his concerns. City Attorney Ansbro indicated the concern involved protecting the area as Conservation and still have an effect to minimize impacts on 5th and allow the City to drain into the West Lake Park. His advisors found there was nothing else to do other than what Mr. Leeds had proposed. He remarked he is still confident in Tim Ryan's report from 10 years ago, this is a good idea, and we should do it before the County does. Mayor McElyea opened the Public Hearing. Seeing there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to approve Item #9.4; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes City Attorney Ansbro advised the Commission the following items were quasi-judicial matters and swore-in all who would speak. He reminded the Commission that disclosure is needed if they have had discussions with anyone regarding these matters. Mayor Mc Elyea, Commissioner Anton and Commissioner Chunn advised they spoke with Bill Parkes, from Cliff Berry. 9.5 VA-88-03 — Request by Pastor Torrey Phillips, Gospel of Christ Church, to extend the expiration date of the temporary parking variance from August 24, 2004 to October 31, 2004 (5 parking spaces provided, 25 spaces required). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY PASTOR TORREY PHILLIPS, REPRESENTING GOSPEL OF CHRIST CHURCH FOR AN EXTENDED APPROVAL OF THE PREVIOUSLY APPROVED VARIANCE VA-88-03, (RESOLUTION 2004-039), WHICH EXPIRES ON AUGUST 24, 2004; PROPERTY LOCATED 35 SW I AVENUE, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Larry Leeds, Director of Community Development, advised the Commission had granted a six month variance for the Church to operate out of an existing building and the Church has found a permanent facility in Ft. Lauderdale. They are requesting an extension until October 31". Staff is not opposed to extending the variance until the move is completed. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to approve the request, with the same conditions as the original variance, until October 31St, 2004; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 9.6 DR-26-03 — Request by William E. Parkes, Jr., on behalf of Cliff Berry Family Limited Partnership, for approval to change the restrictive plat note for CBI Plat No 2, for property located at 3400 SE 9 Avenue. City Attorney Ansbro read the request. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Larry Leeds, Director of Community Development, advised the property was approved as an oil transfer station several years ago, with conditions imposed by Broward County. One condition was no storage of environmentally hazardous materials within 50' of the Mangrove Preserve, or the perimeter canals. The second condition was that no fuel storage tanks would be located within the boundaries of the plat. The applicant is presenting a revised plat to store petroleum products, or hazardous materials, within 50' of the Mangroves and to install a couple of fuel storage tanks. He advised the proposed uses are permitted in this district, but in order to get them approved, the applicant needed to provide DPEP with documentation that the issues have been addressed. Mr. Leeds read a letter from DPEP approving the use, and stated that he also supported the proposed use. Mayor McElyea and Commissioners Anton and Chunn advised they spoke to Bill Parkes. Commissioner Flury asked what a solid waste solidification area was. William E. Parkes, Jr., representing Cliff Berry, Inc., advised they clean up soil contaminated with petroleum products and the solidification area is where the drums are brought in and bulked into roll-offs before going to disposal. Mayor McElyea opened the Public Hearing. Seeing there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes commented that it appeared the hazardous use was getting more intense • which is why he did not support it originally. The area is too close to mangrove areas. He thinks they run a good operation, but does not like the site. Commissioner Chunn motioned to approve Item 9.6. Mayor McElyea passed the gavel to Vice-Mayor Mikes and seconded the motion. The motion carried on the following 3-2 roll call vote: Commissioner Anton - Yes Vice-Mayor Mikes—No Commissioner Chunn -Yes Mayor McElyea—Yes Commissioner Flury—No 9.7 AA-35-04 — Request by Howard E. Nelson, Bilzin, Sumberg, Baena, Price & Axelrod LLP, on behalf of NW 79th Station, Inc./Stirling Station, Inc., appealing the Community Development Director's decision regarding the expiration of a previously approved site plan for the property located at 5813 SW 40 Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY HOWARD E.NELSON, ON BEHALF OF NW 79TH STATION, INC. / STIRLING STATION, INC., PROPERTY OWNER, FOR THE LOCATION AT 5813 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised the applicant has requested a continuance until August 24, 2004 at 7:00 p.m. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. • Commissioner Anton motioned to continue Item 9.7 until August 24, 2004, at 7:00 p.m.; seconded by Commissioner Chunn. Motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury—Yes 9.8 a) SP-38-04 — A Site Plan Approval request by the City of Dania Beach to construct a Community Outreach Center at property located at 56 NW 8 Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE CITY OF DANIA BEACH,FOR PROPERTY LOCATED AT 56 NW 8TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) VA-39-04 — A Variance request by the City of Dania Beach, to allow one (1) on-site parking space and ten (10) off-site parking spaces along with a generalized landscape variance for property located at 56 NW 8 Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH, FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET REQUIREMENTS AND FROM CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING, FOR PROPERTY LOCATED AT 56 NW 8TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of both resolutions. Corinne Church, Principal City Planner, advised this is the site for the City's Community Outreach Center. The facility will have 2,658 square feet of built area which will include an office, computer room, classroom, outdoor porch, deck and reception area. The proposed plan exceeds the 40% pervious area requirement, and the landscape plan has not been submitted for staff review. A variance to waive the parking requirement from 18 to 11 parking spaces is also required; one handicap parking space is provided on-site. A City-owned parking lot is located two residential lots north of this site on the corner of NW I" Street and 8th Avenue. On-street parking is also available on 81h Avenue, north of SW lst Street. That road will be turned into a one-way road and parking spaces will be provided for use by the facility. The City Bus will also have a stop in front of the facility. Staff recommendation is to approve both requests subject to the submission of the landscape plan prior to building permit. Vice-Mayor Mikes asked if it was wood-frame construction. Javier Torres, M.C. Harry & Associates, advised the front frame of the building is framed out of timber with steel connectors; from that point on it is a stucco (CBS) building. Only the front porch is made of wood. The floor, wood construction, is raised and will rest on concrete piers. is Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Vice-Mayor Mikes is leery of municipal buildings turning into maintenance and security • headaches. He would prefer more CBS construction because the wood floor will have termites, and be subject to fire. We need something that will last 40 years and not be a security problem. Mr. Torres remarked this is just the design phase, so they could look into other options. Bonnie Temchuk, Assistant to the City Manager, remarked this is just conceptual; the wood front can be changed to concrete. We need approval that the Commission is happy with the way the site looks, in order to obtain a parking variance. We will come back with a CBS structure. The building is raised because the property is low and this is the most cost-effective way to build. Mayor McElyea asked if they were going to pump-in concrete underground. Mr. Torres responded the soil reports came back favorable. They will go below grade and infill. Vice-Mayor Mikes asked if the steps would be a problem for the elderly. Mr. Torres advised there would be an ADA compatible ramp on the side. Mayor McElyea opened the Public Hearing. Rosie Belzer, 118 SW 5th Court, asked why they had to close the roadway. • Mayor McElyea responded it is a one-way street in front of Bobbie Grace's house (81h Avenue). Commissioner Chunn remarked it is in front of the Church on the corner that is a dead-end. Seeing there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Flury motioned to approve both requests, with the understanding that design will be brought back to the Commission addressing Vice-Mayor Mikes' concerns on wood construction; seconded by Commissioner Chunn. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury—Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton advised the Melaleuca Homeowners meeting would be held tomorrow, and ® a picnic would be held at PJ Meli Park on Saturday from 1:00-4:00 p.m. People from Davie, Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Hollywood and all the Commission and City staff have been invited. RSVPs are needed in order • to purchase the food. They look forward to seeing everyone. 10.2 Commissioner Chunn Commissioner Chunn thanked God for being so kind to him. He thanked the Mayor, on behalf of Habitat for Humanity, for his donation of paint and nails. He also thanked Dismus House for doing positive things in the community. He thanked ABC Thrift for their continued support of clothing and furniture to those who are less fortunate. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Mikes Vice-Mayor Mikes commented he is getting calls from people looking for information in Melaleuca Gardens. He thinks we need to provide an informational brochure to the realtors so people understand what the airport is talking about and the mitigation issues. He asked the City Attorney if it was appropriate to provide this to realtors. City Attorney Ansbro responded he could work with the airport consultants to see what our parameters are. ® Vice-Mayor Mikes questioned how the City handled the issue of tattered American Flags. Larry Leeds, Director of Community Development, responded that we do not have the legal authority to make someone remove an American Flag. Vice-Mayor Mikes asked if we could notify them that we have received a complaint. City Attorney Ansbro responded we could do it as a courtesy notice. Mayor McElyea advised the American Legion will destroy American Flags properly, if requested. He commented that the packet provided from Senator Nelson has information on obtaining American Flags that have been flown over the White House. Director Leeds remarked we could pass out that information. Vice-Mayor Mikes suggested we should develop a policy to deal with this. 10.5 Mayor McElyea Mayor McElyea remarked on NE 5th Court there are marine engines and crates in the front yard, and pails against the wall, which are a potential fire hazard. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Mr. Leeds responded they would check it out. • Mayor McElyea remarked on NW 14th Way, there are 2 lots with concrete debris that need to be hauled away and the grass is about 2' high. Mayor McElyea commented on the Car Show Saturday night. 11. Discussion and Possible Action 11.1 TR-42-04 — Request by Dimce and Luba Loleski for removal and addition of trees at 4500 SW 25 Terrace. (Community Development) Larry Leeds, Director of Community Development, remarked that Oak trees require permission for removal, and the Commission must approve the mitigation, whether replacement trees or funding. This property has 6 trees and the applicant proposes removing 3 of these (15', 16' & 18'). The trees will be replaced with 3 Live Oaks that will be between 16'-18' tall, a 7' canopy spread, a 5' clear trunk, and 3.5"-4" in diameter. Staff recommendation is approval provided the applicant agrees to these specifications and they preserve the remaining 3 trees existing on the site. Commissioner Flury motioned to approve the request; seconded by Commissioner Anton. • Dimce & Luba Loleski, property owners, responded they agreed to the conditions for replacement. Mrs. Loleski thanked the City Manager for making time to speak to them on this issue. The motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 11.2 TR-44-04 — Request by Steve Loleski for removal and addition of trees at 4521 SW 25 Avenue. (Community Development) Mr. Leeds advised this is a vacant lot behind the previous lot. There are 4 Oaks on this property, one is 90% dead and does not require approval for removal along with an adjacent Brazilian Pepper. The applicant is requesting approval to remove the remaining 3 Oak trees. Staff recommends approval on the following conditions: one tree to be 14'-16' tall, 7'-8' canopy spread, 5' clear trunk, and 3.5"-4" diameter; three trees to be 16'-18' tall, T-8' canopy spread, 5' clear trunk, and 4"-4.5" in diameter. Lynette and Steve Loleski, property owners, responded that they agreed to the conditions for replacement. • Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Commissioner Anton motioned to approve the request, with the noted requirements; seconded by Commissioner Flury. The motion carried on the following 4-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Out of room Mayor McElyea—Yes Commissioner Flury - Yes 11.3 Request by Peggy Lee, d/b/a Peggy Lee for a Palmistry/Fortuneteller business license for property located at 219 N. Federal Highway. (Community Development) Peggy Lee, requested approval of her business license at 219 N Federal Highway. Larry Leeds, Director of Community Development, advised the BSO found no criminal records on any of tonight's applicants. Commissioner Flury motioned to approve the request; seconded by Commissioner Anton. Motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 11.4 Request by Elizabeth Miller, d/b/a Astrology Fortuneteller for renewal of the • Palmistry/Fortuneteller business license for property located at 2730 Griffin Road. (Community Development) Jimmy Miller, son of Elizabeth Miller, was present on behalf of his mother because she is ill. Commissioner Flury motioned to approve the request; seconded by Vice-Mayor Mikes. Motion carried on the following 4-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Out of Room Mayor McElyea—Yes Commissioner Flury - Yes 11.5 Request by Sylvia Sabrina Mitchell, d/b/a Sylvia Sabrina Mitchell for renewal of the Palmistry/Fortuneteller business license for property located at 2511 Stirling Road. (Community Development) Ms. Mitchell was not present at the meeting. Commissioner Flury motioned to continue this item until the August 24, 2004 meeting at 7:00 p.m.; seconded by Commissioner Anton. Motion carried on the following 4-0 roll call vote: • Commissioner Anton—Yes Vice-Mayor Mikes—Yes Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Commissioner Chunn—Out of Room Mayor McElyea—Yes iCommissioner Flury - Yes 11.6 Request by Nancy Rose Williams, d/b/a Rose for renewal of the Palmistry/Fortuneteller business license for property located at 1410 S. Federal Highway. (Community Development) Ms. Williams was not present at the meeting. Commissioner Anton motioned to continue this item until the August 24, 2004 meeting at 7:00 p.m.; seconded by Vice-Mayor Mikes. Motion carried on the following 5-0 roll call vote: Commissioner Anton—Yes Vice-Mayor Mikes—Yes Commissioner Chunn—Yes Mayor McElyea—Yes Commissioner Flury - Yes 11.7 Special request regarding removal and relocation of trees at 5400 Lagoon Drive (Estates of Fort Lauderdale) Dania Beach. (Community Development) This item was withdrawn. 11.8 Discussion on Pier Restaurant. (City Manager) (Continued from July 27, 2004, Commission meeting) City Manager Pato remarked this item was continued from the last meeting at the request of the Commission. He reminded the Commission that we had provided an update that puts the projected cost for the completion of this project, which is substantially different than what was originally envisioned, to be somewhere between $800,0004900,000, instead of the original $650,000 that was approved years ago. The primary reason is increased construction costs. The $650,000 figure was established several years ago, and a significantly different building, due to direction from this Commission and ADA issues that we needed to address. It's not just construction costs, but the longer we wait, the more this will cost and the City has already invested close to $250,000 on this project. If the Commission wishes to continue the discussion or has any questions, staff will be glad to address them. Mayor McElyea asked what we got for $250,000. City Manager Pato responded we got to this point in time. Mayor McElyea remarked we got nothing. Vice-Mayor Mikes remarked he did not support this type restaurant to begin with and it goes to the heart of who are we trying to serve with the facility on the beach. As far as some people looking at income and things, everything in our City should be income related. He would be happy if some of these things break even, but if they serve the community, whether it be Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. something that is appropriate for people that use the area. Both the pier and the beach and the hours of operation tend to be heavily used during the day, and we seem to have approved the type of facility that is geared towards alcoholic beverage sales and has to be at least 200 seat capacity, which is different than most fishing pier restaurants. Most are community oriented, they are set up to serve the people that frequent the beach and pier, and occasional people from the community that come in. They are not really set up, he is afraid what we are doing, and part of the problem is previous City Managers had this idea that we had to duplicate Martha's. The community always has been in support of building a restaurant there, but he is worried about the fact that the language in the agreement said they had the ability to put kiosks all the way down the beach. We did get some control on alcoholic beverage sales, but he is still uncomfortable with the final end product that this is going to be and the fact that we are putting up, basically he believes, the majority of the money, particularly on top of the pier construction. Deerfield got a developer going onto their pier and pretty much paying for everything. We are basically putting in the majority of the money and don't have that much control in the lease. He thought we were heading towards a lease where we would have, if we or the community were unhappy with it, we could easily remove the tenant and entertain someone else to operate the facility. Now we are putting in this very expensive facility that will cater to a crowd that is going to compete with our own restaurants in town. These taxpaying people that run restaurants in our town were building . a competitive facility and it isn't really geared to serve the clientele that serves the beach. If it does become geared towards night operations, that means we are going to need more Public Safety visits down there during the time of the day that ordinarily they don't go. So, our Public Safety personnel, not only have to cover during the day use of the beach area, but now will have to cover additional conditions that are going to occur in the evening hours when this type of operation, he believes is geared for. When he and the City Manager met with the President of FAU, he detected in the conversation with the Vice-President, that they still have this concept in mind for rerouting the road and possibly the bridge traffic. This is what scared him many years ago when the Sea Fair was basically sold off to FAU, and with most of the money going to the party that had rented to us, meaning we had built the building and that was supposed to belong to the City, they got four times as much money as the City and a lease agreement was put through and when he attended the ribbon-cutting and talked to one of the regents, he told him that they were going to move the bridge to the other end right where the pier is and basically they would move the road so the road to Lloyd Park would now go through our parking lot and then cross over to the Lloyd Park peninsula. Then, when he saw the Tarpon Bend project, and this is for the benefit of the Commissioners that are wondering why we didn't act early on, besides having a City Manager that wanted a certain type of thing, the Tarpon Bend project had all this language about condemnation and what happens if the project. It was very unusual. Most of the contracts that he has seen for use of City property, you see all that extensive condemnation language, but when you add it to the discussion he had with FAU, they could come in here and basically take out the parking for this restaurant, put a road through the middle of our beach area, and we will be sitting here with a restaurant and no parking. He is still not too crazy about this thing, 200 seats and will FAU, or will they not, keep pushing for that. He and the City Manager have tried to set some things up and tried to get an understanding with FAU, but he definitely detected in that meeting, one of the staff persons, the head architect, was talking like this concept is still kicking around over there. What would we do? Build a 200 seat restaurant and then have FAU come in here and lobby the State to move the bridge and then we have no parking and no parking even for a beach. This has been his concern for some time now. We could throw a million • Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. dollars into it, but he thinks it needs a workshop. He said this the last time because it is more complicated than what you can discuss in a one item situation here. We need to clarify this position with FAU and the parking, and the marina too, which is part of the problem, and sit down with the actual people who will run this restaurant, because he still has concerns with them also. Commissioner Anton remarked it was his understanding that we had a signed lease agreement and had given our approval to this lease in prior Commission meetings. Granted, there have been some cost overruns and some increases in costs, which are significant. As he has told some folks privately, and he will say it publicly, he was not in favor of this to begin with. Unfortunately, it did go through and it becomes a matter of our credibility, as well as the fact of throwing away $250,000 of taxpayer dollars. He is fairly confident that the restaurant will not be turned into a nightclub facility. He thinks we need to live up to the agreement we've made and we need to move forward with this. If we cancel now, we are going to lose that money; if we move forward we still have enough revenue coming in from the lease that will cover our debt service so it will not become a burden to the taxpayers. In the event that it does fail for some reason, the business part of it, his understanding in the lease, is that the City keeps everything that is not easily removable, which would make it enticing to bring another type of restaurant to take over. City Manager Pato responded you would have a restaurant, if for some reason, the present operators would fail. It would be ready for someone else to come in and be interested in. In fairness, in the last search for a likely tenant, and he talked to a lot of people, there was an issue • with the past history connected with this project. There was an uncertainty about what the City would do that made a lot of people walk away from the table. It is an issue of credibility. Eventually we did find someone who was willing to make a significant investment of their own because it will cost a great deal of money to finish it off. That is the contract that we brought to the Commission and was approved by a 3-2 vote. They have a high expectation that we will deliver on this product because we signed a contract too. He was not here when the original concept was put together, or when the Commission voted to do this years ago. But, he followed the Commission's direction and found a tenant and brought it forward for consideration. The Commission approved it and all we are bringing today is updated figures on construction costs. Not whether this is a good or bad lease, the Commission has already debated that. We have a timetable of 14 months ahead of us, a little longer than the tenant anticipated to wait for us to deliver a product. He hears everything the Commission is saying, Commissioner Anton asked if we would need to increase our debt service. City Manager Pato responded we would not need to borrow additional money to finish the project. We will have to ask the Commission to delay one of the beach improvement projects in order to focus on finishing this project. It is the Commission's call; he will follow their direction, as he has in the past. Commissioner Chunn asked if something else had been added to the equation. He heard that if we don't proceed with the project that we may not ever be able to build anything on the pier at . all. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. City Manager Pato asked Ken Koch, Building Official, to give the specific explanation. His understanding is the State, in the future, will not issue permits for construction of this type on the coastal areas. This project has a very high probability that it will be grandfathered-in because we submitted our request a long time ago. So, we feel very confident that we will get our permits, but if we don't get our permits, for whatever reason, and that is a highly unlikely situation, then we won't be spending the money. It is not like we are throwing money away; if we don't get the permits, it does not move forward. But if it does not move forward, we definitely won't get the permits. Ken Koch, Building Official, remarked there is not much more to add to that except what he learned yesterday in the application being made to DEP. Their concern is that the City has not been committed to a project, we started with them in 1995 when we built the pier. We got approval in 1998 to put a temporary structure up that was supposed to last for a year, and it has now been there for seven years. What they are saying now is that if the City of Dania Beach is not committed to building, they are not going to even consider the arguments that are putting forth to use the grandfathering that we had the approval for prior. They won't approve the project unless we commit, and we can't commit unless they approve the project. Somebody has to make the first move. Commissioner Chunn remarked that every time he voted he thought he was committed to doing this. Now he finds out that we have not been committed. Mr. Koch responded that the State did not know that we were committed to building because they hadn't seen anything coming from us in the application for the permit. It is just now at the point where we have the lease and we are getting ready to build. That is considered to them a commitment. City Manager Pato added the actual activity in the project, besides just some casual approvals of renderings and concepts and ballpark figures, began on July 1, 2003. By July 17, 2003, the RFP was issued. We have moved at a very fast pace since then, it may not seem fast because it is a complex project. On January 7, 2004 the Commission chose an architect. We needed to know years ago, but no one asked. Now we are now ready to move forward. The only reason it is back here is because the cost has changed as a result of all of the delays. It is a significantly different building because the direction the Commission gave to the architects was taken into consideration, and ADA issues were considered. The State is confused about what we are doing; they are not confused about what they are doing. Now we have an opportunity to either say "yes" or"no". It is the Commission's call, and we will follow your direction. Commissioner Chunn stated the cost has him worried, and also the contract we entered into. Mayor McElyea remarked he thinks you better lick your wounds and walk. City Manager Pato asked what about the contract. Mayor McElyea asked, with the set of plans we have today, when could we begin construction. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. Mr. Koch responded, if the Commission said to go today, we could probably begin construction in January. Mayor McElyea asked what the holdup was. Mr. Koch responded the final set of drawings for the construction documents have to be put together. It will probably be four weeks to finish the plans. Then we need to go to bid. Mayor McElyea remarked we already have $250,000 invested. Mr. Koch responded it is not more money to the architect. Mayor McElyea remarked you still need to pay him. Then when you talk about the fixtures they are going to put in this property we might get back in two years, if it is not successful. Suppose he goes out and gets a rental purchase on all the equipment for 5-6 years. Used equipment is not worth a dime, and the rental purchase people come in and take the equipment and you can't do a thing about it. Commissioner Flury remarked you don't get a rental purchase on, for example, an exhaust hood. Mayor McElyea responded yes you do. He has equipment he buys everyday like that. ® Commissioner Flury remarked, in consideration of Commissioner Chunn's issue, if this is voted affirmatively tonight, is that a clear enough message to State that we are serious and wish to go forward and will get their support. Mr. Koch replied he believes that is where we are at because we are in a hold right now to do anything further with the State. Commissioner Flury remarked the City Manager put it fairly clearly, in that the only thing we are here to decide tonight is if we want to pay for the overrun. The lease should not be an issue; we already agreed, at least four Commissioners, and we have a signed document. To re-nig on that would be a very costly thing to us. She asked the City Attorney to clarify that. The restaurant people are putting a lot of money into the building; the cost will probably be 50-50 between them and the City. In the end we will have a significant asset for the City. She thinks we need to vote it up or vote it down and get it over with tonight. She asked the City Attorney if we voted it down tonight, what happens to the lease that this Commission approved and now would not honor. City Attorney Ansbro responded the Commission would be breaching the lease; we would be in default. The tenant would exercise whatever remedies he chose to do. There is no insurance to defend this kind of lawsuit. It would be us paying for it, whatever we need to do to minimize the expenses to try to walk away. He has done some legal research, but can find no definitive answer on this kind of issue. He has read 15 different cases; nothing relates to this kind of a case, it is un-chartered water. But there is a range of things that can happen, none of which when Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. you default are good. He did want to clarify two different things while we were here. For the equipment; it would be required to be put in and left there. The tenant could not put stuff in and lease it, then have it taken back out. Mayor McElyea remarked if he leased it to start with, they can. He was there this week. You are preaching law. I'm doing business as a businessman. City Attorney Ansbro responded he is just reading what the lease says. It says he must leave it in. Mayor McElyea remarked it does not matter what the lease says. They will tear it apart. City Attorney Ansbro remarked no alcohol can be sold from any kiosk. Mayor McElyea remarked he can't believe a man would sell his business and go out and work in another restaurant and come back and want to sue. That is a way of making money. He thinks we better pray the State pulls our permit. City Attorney Ansbro replied if the State does pull the permit, then the City has an absolute defense with the fellow, because it is what would be called impossibility of performance. If the State does not approve it, there is no liability on the part of the City whatsoever. He can guarantee that. Mayor McElyea remarked we started originally with Benjamin Walls, who was going to build the thing for free of everything. But he wanted a 60 year lease, if you remember. Mayor McElyea said no, you sharpen your pencil and I'll talk about 20 years. We loused that deal and then we went with Whiskey River, the drug boys, and that didn't float either. Commissioner Flury remarked she didn't think anything was ever going to float if we can't make up our mind. She thinks we ought to just vote on it tonight and get this thing over with. Commissioner Flury motioned to appropriate up to $350,000 to complete the project; seconded by Commissioner Anton. Vice-Mayor Mikes remarked we are in another one of those situations where we got ourselves into a lease and in this case we have a cost overrun. What bothers him consistently with this particular party we are leasing this to, is they never show up for serious discussion on the issues that we are talking about. You would think that somebody, like Commissioner Flury said, is going to put up a million dollars, would show up here. He assumes they know this item is on the discussion. They did not even show up on the final reading of the approval for the lease. This bothered him. He has never seen anyone commit to a relationship with a City, particularly when negotiating a lease, that did not show up for the final vote to at least answer questions or try to get some communication among Commissioners. This is the strangest thing he has ever seen. But, we have been burnt; we were talking about renewing the Harbour Towne lease, shortly. We were burnt when the Commission put that in place, in that we have to pay new dredging fee costs • if we were to go out to a second party and negotiate a better deal for the City, for the taxpayers of Minutes of Regular Meeting 24 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. this City. We were burnt on that one. Sea Fair, he objected to that thing. What happened was ® we were supposed to get an eight or ten million dollar building at the end of the lease that belonged to the City plus we owned the land. Instead, the university pays us a token amount; the gambling interests get four times as much money. He finds out during a ribbon-cutting that they want to move this bridge, or at least on regent told him that. Nobody up here still said what happens if FAU does not cooperate with what we are doing with this restaurant. Then we are going to be sued by everybody. He thinks he asked for some changes on that condemnation language before. Anyway, we are in another situation where we are between a rock and a hard place. We are asked to spend a million dollars where other cities are having builders do it, pretty much, totally at their cost. He still says maybe there are some fancy chairs and kitchen equipment in there, and the A/C is very expensive, but we built the pier structure and foundation underneath it too, and waterfront, oceanfront land is not getting any cheaper in the last couple of years. Oceanfront land to put a restaurant on is getting precious and more precious by the month and by the week. That land is very unique. Every place that had a restaurant along the coast in Broward County that could be turned into a condominium has pretty much had that happen by now. So, he still thinks that somebody could have negotiated better and got us a developer that would put up the money so the taxpayers of this City aren't having to put up the money to compete with the restaurant owners in this City who pay taxes to run a restaurant. We are basically going to subsidize this and have somebody compete with them and it still is not designed to serve the people that ordinarily go to the beach. They didn't even want to be open in the morning. Basically, he thought this was the wrong concept for a restaurant to begin with, Commissioner Flury is probably correct. We are stuck now, people. Just like we've been stuck on almost every lease this City gets into because we rush into them. People say we should have • had it yesterday and guess what, the legal language and protections aren't in the lease to protect. We always get the short side of the deal and here we are on the short side again. It is frustrating to him because he has seen a number of these leases and he spoke up on every one of them and he still gets outvoted and he can say he told us so, he told us so, he told us so. But the only person that gets stuck is the taxpayers of this City and that is all he has. Commissioner Flury responded she was not here when Vice-Mayor Mikes signed all those other leases. He has been here for 15 years, she just got here. But, she does recall asking Attorney Ansbro if he would get specialty counsel looking at this lease, so those things that happened in the past would not happen with respect to this lease. She believes the attorney did that. City Attorney Ansbro replied that is correct. Commissioner Flury remarked she does not know how much more you can ask. We certainly did not rush into this because as best as she can see, this discussion has been going on for about 7-11 years, and that is not a rush job. There is a limit to how much, and how long you can talk about something. Your arguments are the same arguments you made when we talked about the lease, and the lease was approved. So, that's history. The only thing that we are dealing with today is additional funds. She does not understand why Vice-Mayor Mikes has this feeling that this community does not deserve a nice restaurant. She has had dozens of calls just since last month about this restaurant and the people in the community are so frustrated that they don't understand what is the matter with us that we can't get a restaurant on this pier. This is our last opportunity. It is now or never because as we have been told by the lady from the State Minutes of Regular Meeting 25 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m. permitting department two weeks ago, if we don't go forward with this now, the chances of ever • getting a restaurant of any sort up there, are slim to none. The beachfront property, of course, is becoming more and more scarce, and more and more expensive, but so what. The pier is already there. If we have a restaurant on it, or we don't have a restaurant on it, it doesn't mean anything to anybody in terms of dollars. She would just like to see this get over with, that is all. There is a motion on the floor. Mayor McElyea called for the roll call. Commissioner Anton: Based on the reasons that he spoke earlier, he is voting yes we need to move forward. Commissioner Chunn: Because of the cost overrun, he is voting no. He knows he supported this, but he supported it with a figure in mind and he can't understand why it kept escalating. This thing has been problematic from beginning to end and he is voting no. Commissioner Flury: Yes. Vice-Mayor Mikes: No, until we sit down with these people who are going to rent this thing and get an understanding of where we are at. Mayor McElyea: No. Motion Defeated 2-3, with Commissioner Chunn, Vice-Mayor Mikes, and Mayor McElyea voting no. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato had no additional reports. 13.2 City Attorney City Attorney Ansbro advised the City Manager gave him a copy of an e-mail received from Jay Field regarding an article where residents of Pembroke Pines were disputing their zip code designation. The City of Dania Beach has also had this problem for a long time. He thought the Commission would want all of Dania Beach to have the same zip code. He has not seen much Minutes of Regular Meeting 26 Dania Beach City Commission Tuesday, August 10,2004—7:00 p.m. success in this effort because the Postmaster issues zip codes. The Finance Director has advised him that we are not losing revenue from the zip code issue. Commissioner Anton suggested that staff draft a letter for the Mayor's signature asking assistance from Senator Nelson. City Attorney Ansbro advised the City won the Rousseau lawsuit in Circuit Court. 13.3 City Clerk—Meeting Reminder Tuesday, August 24, 2004 @ 7:00 p.m. —Regular Commission Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 9:57 p.m. CITY OF DANIA BEACH CG ATTEST: C: .WE A (� MAYOR-COMMISSIONER -L-OUISE STILSON CITY CLERK APPROVED: August 24, 2004 • Minutes of Regular Meeting 27 Dania Beach City Commission Tuesday,August 10,2004—7:00 p.m.