HomeMy WebLinkAbout2003-04-22 Regular City Commission Meeting Minutes Ad- MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 22, 2003
7:00 P.M.
1. CALL TO ORDER:
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* Deacon William Watkins, Church of the Little Flower
3. ROLL CALL:
Present:
Mayor: Bob Anton
Vice-Mayor: C.K. McElyea
Commissioners: Robert H. Chunn, Jr.
Pat Flury
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
4. CITIZENS' COMMENTS:
4.1 Barry Douglas, 609 NE 2"d Place, was supportive of a restaurant being built on
the Pier as he thought it would bring good business to the City. He hoped the
Commission would vote in favor of the item under 11.3
4.2 Mike Abrams, owner of "Captain Mike's" Seafood Restaurant, 1103 S. Federal
Highway, was concerned about roadside peddlers, who run businesses on the street
without having to pay taxes, without an occupational license or any other requirement.
Mr. Abrams presented pictures that he had taken of the street vendors and distributed
them to the Commission. He further mentioned his concern for liability on the City should
anyone brake a hip or something similar, since they are allowed to park their vans and
run a business on the road side.
City Manager Pato advised that this has been an on-going problem for some time and
that most of the time the vendors are on the right-of-way, beyond the City's jurisdiction.
However, residents are encouraged to contact the Broward Sheriff's Office to report
them.
Commissioner Flury asked City Attorney Ansbro about an ordinance addressing this
subject, which she requested to have prepared about 6 months ago.
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CITY OF DANIA BEACH
City Attorney Ansbro advised that he has reviewed ordinances from several cities in
MBroward County relative to preventing street vending. Some cities have installed "No
parking" signs along the roadway. The City of Hollywood is currently at Federal District
Court fighting the State Law that prohibits people from vending in the street.
Laurence Leeds, Growth Management Director, suggested contacting FDOT and placing
"No parking" signs and issuing citations if they do not comply.
Commissioner Mikes mentioned how dangerous it is to buy seafood from the street
vendors due to lack of proper sanitation and felt that the Department of Public Health
should be involved.
Chief Cowart advised that they have a plan for this coming week end to cite the street
vendors in different city areas. Chief Cowart will report back to the City Manager on the
results of the strategy.
4.3 Charlene Scalese, 826 NW 13th Avenue, thanked staff for having the American
flags placed around the City and was pleased to see that City Hall has a new one
installed too. She mentioned her communication with the American Legion on their
efforts to have flags put at different City parks.
Ms. Scalese also advised that anybody who has complaints about the airport residue
that drops on the roofs and vehicles should contact Steve Howards at Clean Airport
Partnership (tel.# 303-462-1647; e-mail: cairportp@aol.com).
• Ms. Scalese expressed her desire for the "Employee of the Month" award to be given to
the General Employees and not to supervisory management staff.
4.4 Mimi Donly, 209 SE 3rd Terrace, spoke in favor of having a Pier Restaurant in
Dania Beach and urged the Commission to approve the proposed lease agreement.
4.5 Morris Stowers, 201 SE 5th Street and Executive Director of the Dania Beach
Chamber of Commerce, thanked the Commission for being supportive of the Chamber
and commended City Manager Pato for his support of the Chamber and the Dania
Beach Directory. He supported the First Baptist Church request (Item #9.2) and felt they
were good corporate citizens and very supportive of the business community in the City.
Mr. Stowers spoke in favor of the proposed Pier Restaurant project and thought it would
attract visitors to the City.
4.6 Linda Mayo, 438 SE 11th Terrace, spoke in favor of the Pier Restaurant proposal.
4.7 Rose Lizana thanked the City Commission for its support of the Chamber of
Commerce, supported the First Baptist Church issue (Item #9.2), and presented
comments against street vendors.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
Mike Sheridan, Public Works/Utilities Director, presented a Certificate of Recognition to
Commissioner Robert Chunn for bringing the South Florida Water Management District
Tree Program to the City. Director Sheridan further thanked Commissioner Chunn for his
hard work.
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CITY OF DANIA BEACH
Commissioner Chunn,thanked Director Sheridan and staff for honoring him.
5.1 Employee Recognition Program "General Employee of the Month" Award for
March 2003 — Bonnie Temchuk, Assistant to the City Manager.
Mary McDonald, Administrative Services Director, was pleased to recognize Bonnie
Temchuk for her commitment to improving the quality of life for the residents of Dania
Beach and listed some of the development projects that Ms. Temchuk has been
involved. Bonnie Temchuk was awarded a plaque for "Employee of the Month" for March
2003, a $100 check, and a Dania Beach shirt.
Bonnie Temchuk thanked City Manager Pato and staff for being recognized. She asked
Vice Mayor McElyea, as president of the Kiwanis Club, to accept the $100 check as a
donation to the organization.
5.2 Annual Broward Invitational ALS Competition to be held in the beach area north
of the Pier on Wednesday, May 14, 2003 from 9:00 AM to 6:00 PM. (Fire
Department)
Fire Chief Kenneth Land invited all citizens to attend the event which was held two years
ago at I.T. Parker Community Center and clarified that it will be celebrated at the beach
this year. There will be medics representing 29 cities from the County at the competition.
6. PROCLAMATIONS:
6.1 Ratification of Proclamation declaring April 19, 2003, as "Dania Elementary
School Appreciation Day" in the City of Dania Beach.
6.2 Proclamation declaring April 2 5, 2003, as "Arbor Day" in the City of Dania
Beach.
6.3 Proclamation declaring the month of May 2003 as "Elder Law Month" in the City
of Dania Beach.
6.4 Proclamation declaring the month of April 2003 as "Lillian Jordan Adair Month" in
the City of Dania Beach.
Mayor Anton read the Proclamations.
Items 11.2 and 11.3 were heard at this time.
ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Item
7.5, Mayor Anton pulled Item 7.6 and Commissioner Flury pulled Item 7.7.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes: NONE
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7.2 Travel Expenditures:
*May 4 — 7 - Approval for Michael Sheridan, Public Works/Utilities Director, to attend
Florida Water Resource Conference in Tampa—estimated cost $954.70.
7.3 Bills: Approval of Bills for the month of March, 2003
Resolutions —
7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING CONTINUED BEACH MANAGEMENT
FUNDING OF $30 MILLION DOLLARS ANNUALLY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE LOAN OF THE FIRE-RESCUE
DEPARTMENT MEDICAL CART TO THE CITY OF FORT LAUDERDALE FOR
USE DURING THE AIR AND SEA SHOW FESTIVITIES; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A TRAVEL POLICY ESTABLISHED BY THE
CITY, APPLICABLE TO CITY EMPLOYEES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
• ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY
City Attorney Ansbro read the'title of the Ordinance.
7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 2-7 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA
BEACH, WHICH PROVIDES A PER DIEM RATE OF TRAVELING EXPENSES
FOR CITY PUBLIC OFFICERS AND EMPLOYEES, TO ESTABLISH A
METHOD FOR APPROVAL OF A TRAVEL POLICY FOR CITY EMPLOYEES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn,
approving the Consent Agenda with the exception of Items 7.5, 7.6, and 7.7. The motion
passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor-Anton-yes
Commissioner Mikes-yes
City Attorney Ansbro asked City Clerk Johnson to hold the effective date of the
Resolution on the Travel Policy (Item #7.9) until adoption of the second and final reading
of the Ordinance (Item #7.10).
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CITY OF DANIA BEACH
ITEMS PULLED FROM THE CONSENT AGENDA:
7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA IN SUPPORT OF THE DESIGNATION OF SR A1A IN
BROWARD COUNTY AS A FLORIDA SCENIC HIGHWAY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Corinne Church, Principal Planner, advised that the Broward County State Road A1A
Scenic Highway Corridor Advocacy Group has requested participation by Dania Beach
in support of designating State Road A1A as a scenic highway in Broward County.
Gary Sieger, Chairperson, Broward County State Road A1A Scenic Highway Corridor
Advocacy Group, distributed hand-outs to the Commission outlining the objectives of the
program. He explained that the primary intent of this program is to designate roadway
corridors to maintain, protect, preserve and enhance intrinsic resources for the traveling
public's enjoyment. Mr. Sieger advised that his agency has put together an inventory
that is part of an application to the state and requested staff to include any other
historical significant natural resources in Dania Beach. He further asked for the support
of the Commission to adopt the resolution declaring State Road A1A as a Scenic
Highway.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
adopting the Resolution. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
t Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
(Continued from April 8, 2003 Commission Meeting)
7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT SUBSTANTIALLY AS ATTACHED HERETO,
BETWEEN THE CITY OF DANIA BEACH, NONEXEMPT MUNICIPALITIES,
BROWARD COUNTY AND THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA, AS REQUIRED BY §163.31777 AND §1013.33, FLORIDA
STATUTES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that at the April 8, 2003
meeting the Commission agreed to wait two more weeks to see if other cities presented
amendments to the Broward County School Board Interlocal Agreement. He mentioned
that the City could loose some money, mainly FRDAP (Florida Recreation Development
Assistance Program) grant funding, if a different agreement than the one the School
Board has presented is approved.
Susan Trevarthen, Assistant City Attorney, advised that the 2002 Legislature required
the School Board and each city in every county in the state to enter into an interlocal
agreement that would address school facility planning issues. The interlocal agreement
is intended to foster greater cooperation between the cities and the School Board
• regarding .new residential development and its impact upon schools, with a goal to
increase information sharing and coordination. The Department of Community Affairs
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CITY OF DANIA BEACH
(DCA) along with the Department of Education scheduled the State to come into
compliance by May 1", 2003. Some municipalities have been effective in getting several
items changed since the original draft was presented by the School Board. Attorney
Trevarthen further explained that one of the cities having major problems with the
agreement is Coral Springs and they have decided to negotiate a supplemental
agreement to address the issues of concern, after the statutory deadline, when there will
not be any financial penalties applied. Attorney Trevarthen further mentioned that the
information provided is an assessment of how valuable these objections are to the City
and what risks the City is running if the agreement is not signed prior'to the deadline.
Attorney Trevarthen clarified that the City of Miramar approved alternate language very
similar to the amended agreement considered by the City.
Commissioner Mikes asked Director Leeds about the flex unit allocation issue. Director
Leeds advised that the City of Coral Springs is not considering negotiating the flex and
reserve unit allocation issue. Director Leeds recommended approving the agreement
with the suggested changes, one of them being the flex and reserve units. Furthermore,
the resolution provides the City Manager the authority within the next five days, to
remove the language and approve the agreement as the School Board presented. He
expressed his concerns about any entity telling the City what to do in regards to flex
units, reserve units, and the Local Activity Center as this could create a political climate
that would hinder downtown redevelopment.
Mayor Anton thought that the City would be showing a good faith effort to comply with
state requirements by approving the amended agreement even though some of the
language may be changed from the School Board's first version.
• A motion was made by Commissioner Mikes, seconded by Commissioner Flury,
adopting the resolution and accepting the staff corrected interlocal agreement with the
understanding that the City Manager will have the authority to adjust the language, if
needed, within fifteen working days after the April 30`h deadline. The motion passed on
the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO CONTRACT FOR SERVICES AT THE DANIA
BEACH CENTER FOR SUCCESS AT CHARLIE WILL THOMAS PARK FROM
THE YMCA OF BROWARD COUNTY, INC., FROM APRIL 1, 2003 TO
OCTOBER 31, 2003 IN AN AMOUNT NOT TO EXCEED $18,000.00, SUCH
AMOUNT TO COME FROM LOCAL LAW ENFORCEMENT BLOCK GRANT
FUNDS AND LAW ENFORCEMENT TRUST FUNDS; PROVIDING FOR THE
EXECUTION BY THE CITY MANAGER OF ALL DOCUMENTS RELATED TO
SUCH CONTRACT AS THE AUTHORIZED REPRESENTATIVE OF THE CITY;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Commissioner Flury considered this to be a very good program, however, she
• suggested that the program be expanded, such as including Saturdays, opening on
holidays and being able to accommodate more children. She thought the City should
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CITY OF DANIA BEACH
• pursue more Block Grant funds to improve the program and that staff should monitor the
number of participants in the program to determine possible options for the program in
the future.
Bonnie Temchuk, Assistant to the City Manager, explained some new elements of the
program that are being provided without increasing the contract, such as encouraging
family participation and the number of computers per grade, distributing flyers, and
having children complete questionnaires about the program. YMCA will closely monitor
the children's participation and provide reports. Ms. Temchuk added that the term of the
funding agreement is thru October 31, 2003, and she was hopeful that the Dania Center
for Success would be improved.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
adopting the resolution. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 SP-27-02 and VA-27-02- Request by Arthur S. Bengochea, Architect for Edward
A. Matson, for property located on the east side of Ravenswood Road north of
• Interstate 595.
Staff recommended a continuance to the May 13, 2003 City Commission meeting
to allow the applicant to clarify major issues relating to parking compliance and
building size.
A motion was made by Vice Mayor McElyea, seconded by Commissioner Chunn,
continuing the item to the May 13, 2003 City Commission meeting. The motion passed
on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
9.2 a) VA-08-03 — A Variance request by John Bartley, Agent for the First Baptist
Church of Dania Holding, Co. Inc., to allow the following:
1) Five (5) foot wide landscape buffer provided along parking lot (a ten
(10) foot wide landscape buffer is required by Chapter 26, Article IV-
Landscaping).
2) A single row of trees, forty (40) foot off-center, planted in the area
between the wall and the parking area (a double row of trees, each row
forty (40) foot off-center, planted between the wall and the parking area is
• required by Chapter 26, Article IV- Landscaping).
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• 3) A General Landscape Variance from Chapter 26, Article IV of the
Code.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR THE
FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR PROPERTY
LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN
STREET AND SE 14T" STREET, FROM CHAPTER 26, ARTICLE IV
LANDSCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro advised that the Variance is a public hearing item and a Quasi-
judicial matter and anyone desiring to speak should be sworn in and, in accordance with
the Jennings rule, the City Commission should disclose all communications with anyone
on the item. He presented the oath to all those wishing to speak.
Mayor Anton advised that he was contacted by a resident against the variance.
Vice Mayor McElyea advised that he was also contacted by a resident opposing the
variance.
Commissioner Chunn advised that he had spoken with Mr. Bartley.
Laurence Leeds, Growth Management Director, advised that the property is located on
• two parcels and that the church parking area site is located at the northeast corner of SE
15th Street and SE 2"d Avenue. Both properties are zoned Commercial (C-2) and have a
land use designation of,Commercial. The Planning and Zoning Board recommended
denial of three of the landscape variances, as they felt that this plan should meet Code
requirements.
Director Leeds recommended approval of the first two landscape Variances, however
staff is not recommending approval of the General Landscape Variance, which has to do
with the number of trees, size and placement.
b) SP-07-03 — A Site Plan request by John Bartley, Agent for the First Baptist
Church of Dania Holding, Co. Inc., to construct a 5,000 square foot house of
worship and parking lot. Property located on the east side of SE 2nd Avenue
between Sheridan Street and SE 14th Street in Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR
THE FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR
PROPERTY LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN ,
SHERIDAN STREET AND SE 14T" STREET, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the Planning and Zoning
Board recommended approval of the Site Plan subject to the conditions listed in his staff
report. The applicant has revised the Site Plan considerably since the Planning and
Zoning Board took action and the applicant has improved the buffers along the rear of
the parking lot, although they do not meet 100% of the Code requirements.
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CITY OF DANIA BEACH
• Director Leeds advised that there are still a number of issues to be corrected on the Site
Plan, such as the,parking spaces being too small, drainage issue, location of the church,
general conditions, things that are not shown on the plan, and almost 19 to 20 landscape
conditions. Due to these reasons, staff suggested that the item be continued to the May
27th Commission meeting.
Mayor Anton asked John Bartley if he would like to make his presentation at this time.
Mr. Bartley advised that he would like to come back on May 27th with a corrected plan.
Mayor Anton opened the public hearing. Hearing no comments in favor or opposition,
Mayor Anton closed the public hearing.
Discussion followed between the Commission and Director Leeds in regards to the
landscape buffer along the parking lot and traffic concerns.
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn,
continuing Items 9.2 a) VA-08-03 and 9.2 b) SP-07-03 to the May 27, 2003 City
Commission meeting. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
10. COMMISSION COMMENTS:
• 10.1 Commissioner Chunn- no comments.
10.2 Commissioner Flury agreed with the earlier comments on vendors.
Commissioner Flury inquired about the ordinance adopted some months ago in regards
to the uniform color requirement for newsracks installed in public rights-of-way. She
asked City Manager Pato to look into the matter, notify the newspapers if necessary, and
make sure the ordinance is being enforced accordingly.
Commissioner Flury recommended changing the dedication date of the Dr. Herman
Wrice Community Center/BSO Substation to the end of June as many people will be out
of town around July 4tn
Kristen Jones, Parks and Recreation Director, advised that Saturday, June 7tn would be
a good date since the Summer Camp Program starts on June 16tn and the event would
provide a good opportunity to register more children for the program, celebrate the end
of summer school and kick off the beginning of summer camp.
It was the consensus of the Commission to have the dedication on June 7tn, 2003.
City Manager Pato asked Bonnie Temchuk to make sure a plaque is prepared and ready
for the dedication.
Commissioner McElyea suggested that the community meeting room at "Dr. Herman
Wrice" Community Center be named after "Thomas Henry 'Jabo' Hampton, Sr.". He was
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CITY OF DANIA BEACH
the second black police officer hired in the State of Florida and was an outstanding
person who served on the Dania Police Department for a number of years.
A motion was made by Commissioner McElyea, seconded by Commissioner Chunn, to
name the "Dr. Herman Wrice" Community Center" meeting room in the name of
"Thomas Henry 'Jabo' Hampton, Sr" and to have a plaque placed on the door of the
Community Center meeting room. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
10.3 Commissioner Mikes commented that the boat ramp at Griffin Marine Park has
become very busy and popular and children in the neighborhood are already swimming
on the floating docks. He suggested that a "caution" sign be installed to avoid accidents.
-mentioned that a nice boaters park was built on the other side of the canal, but,
unfortunately, there was no place to put a boat in the water. Commissioner Mikes was
pleased that the park was a community enhancement and asked City Manager Pato if a
dedication date had been set for Griffin Marine Park. City Manager Pato advised that a
date had not been selected and that the City Commission should select a date.
Commissioner Mikes suggested to set a date when a boating weekend event is
scheduled so the dedication could be part of the celebration.
Commissioner Mikes inquired about "Swimmer" the drug dog. Chief Bryan Cowart,
® Broward Sheriff's Office, advised that Swimmer was a great asset to the department and
that seizures have increased substantially. Chief Cowart further said that Swimmer also
helped in the recent drug-trafficking incident where a City employee was involved.
10.4 Vice Mayor McElyea was very pleased with the renovations at Mullikin Park and
the installation of the flag pole. He thanked City Manager Pato, Parks and Recreation
Director Jones, and Public Works employees who were involved in the project. Vice
Mayor McElyea added that the only missing detail is the plaque in honor of Sid Mullikin,
Jr., that will be installed shortly.
10.5 Mayor Anton reiterated what Vice Mayor McElyea had said about Mullikin Park.
He commended Parks and Recreation Director Jones, Public Works Director Mike
Sheridan, Public Works/Utilities Superintendent Leo Williams, and staff for their hard
work making the park look so nice. Mayor Anton advised that the Dania Heights Group
has agreed to adopt Mullikin Park to help keep it clean and work with Leo Williams to
make sure that any problems that arise are corrected rapidly.
On the Pier lease subject, Mayor Anton stressed the importance of the City becoming
more business friendly. He urged staff to realize that in order to have any growth in the
City, it is necessary to find a better way to do business and attract interested developers
to build the types of business needed in the City. He was displeased at the way the
Tarpon Bend lease for the pier restaurant was handled and thought the lease should not
have been lost.
11. DISCUSSION AND POSSIBLE ACTION:
(Continued from April 8, 2003 Commission Meeting)
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CITY OF DANIA BEACH
11.1 Discussion of hiring policy and drug testing. (Commissioner Mikes)
Commissioner Mikes expressed his concern about a newly hired employee who was
caught with a significant amount of cocaine. He felt that the City should be stricter when
hiring personnel and suggested that a "Drug Testing" sign be placed at the front desk,
next to the job applications, in Administration. He suggested the sign reads: "This City
maintains the strictest drug policy that can be enforced under law". Commissioner Mikes
asked City Manager Pato to find out whether background checks could be conducted in
more detail, and to include other allowable measures when hiring personnel.
City Manager Pato advised that this is a subject that needs to be negotiated in the Union
contract and that staff is working on the issue.
Mary McDonald, Administrative Services Director, explained that currently both union
contracts have sections that address substance abuse including testing and testing with
reasonable suspicion. She further advised that this information is included in the job
application and once an employee is selected for a position, a written offer is presented
clearly stating that employment is contingent on a successful drug screening. Director
McDonald advised that the City has to be very careful when doing random testing,
however, the City is currently drug testing all CDL (Commercial Drivers Licenses)
drivers, which is allowed under Florida Statute.
Discussion followed between the Commission, City Manager Pato and Chief Cowart in
regards to the way background investigations are conducted when a new employee is
® selected for hiring.
It was the consensus of the Commission to post the sign requested by Commissioner
Mikes and for City Manager Pato to report back to the Commission with staff
recommendations.
11.2 Discussion of Boisy Waiters building. (Mayor Anton)
Mayor Anton recommended that an appraisal of the Boisy Waiters building be conducted
as the last appraisal was done in 1999. Mayor Anton mentioned that the building has
been vacant for more than 12 years. With the building's close proximity to water, he
thought a marine technical training institute could be utilized for the site. If the City sold
the property, Mayor Anton felt that a new community center could be built for civic
associations in the southwest area of the City: Dania Heights, College Gardens and the
Triangle Village Civic Association.
Commissioner Chunn was supportive of developing the property for the betterment of
the community, but opposed selling the property and to retain the name of Boisy
Waiters. He also felt that the building might have potential for being used for the Public
Works Department.
Commissioner Flury opposed selling the building, but agreed that the Boisy Waiters
property was valuable and was supportive of developing a community center or a marine
park at the site. Commissioner Flury felt that the subject should be brought up at budget
time and that the property should remain under ownership by the City and used for the
community.
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CITY OF DANIA BEACH
Mayor Anton mentioned that several discussions have taken place over the years,
however, nothing has been accomplished. The City needs to move forward and make a
decision about a building that is fast deteriorating. Mayor Anton thought another
alternative would be to lease the property and use the funds to develop something good
for the community.
Commissioner Mikes was of the opinion that the value of the property has gone up
considerably since 1999 and agreed that the property should not be sold. He added that
the City has lost many water front properties and that there are other viable options such
as waterways grants or similar projects to develop the property. Commissioner Mikes felt
that there are other sites in the City that the organizations could use for a community
center.
Vice Mayor McElyea disagreed with selling the property and thought it could be
developed with grant funds or with the School Board. He suggested having an
environmental check conducted on the building before making a decision on how to use
the property.
Commissioner Flury advised that the City must first define what the best use is for the
building and property and then research grant funding to develop the site.
The Commission generally agreed to retain the property and bring the matter back for
discussion at a later date.
11.3 Discussion of proposed restaurant lease at Dania Beach Pier. (City Manager)
City Manager Pato presented a draft lease with Sven Jutz and Ute Stork for a restaurant
at the Pier and asked the Commission to present their comments and input so that a
final version of the lease could be brought back.
City Attorney Ansbro advised that the prospective tenants, Sven Jutz and Ute Stork have
been in the restaurant business for a number of years. They have presented a proposal
for a two-level restaurant that would include casual breakfast, lunch served downstairs
and elegant dining upstairs. The interested parties would lease the pier restaurant for a
maximum period of 20 years, 10 year base term, with an option for two five-year
extensions. They would pay a minimum rent of $96,000 per year or 8% of the
restaurant's revenues, whichever is greater. The City would build the restaurant,
including the bait shop, and the tenants would pay for furniture, equipment and staffing.
Commissioner Mikes advised that before any further steps are taken, he would like the
City to draft a letter to FAU asking them what their intentions are for the marina at
SeaTech. He mentioned concerns that FAU had a plan to move the bridge going into
John U. Lloyd Park, which may impact the City's beach.
Commissioner Flury felt that a letter should be sent to FAU from the state level and that
Representative Ryan could direct the City on the best course of action in regards to a
possible relocation of the bridge. Commissioner Flury stated the need for the project to
get started since $650,000 has been borrowed, the City has spent $25,000 in
architectural fees, and the City Manager's time. Commissioner Flury thought that the
three missing areas in the document (insurance, parking spaces and rent adjustments
after the 10-year lease) could be handled by City Attorney Ansbro. Commissioner Flury
MINUTES 12 APRIL 22, 2003
CITY OF DANIA BEACH
• mentioned that the month) report submitted b the Parks and Recreation Department
Y p Y p
indicates that about 2,000 people visit the pier every month, however, she knows there
are more like 6,000 people visiting the pier every month, but there is no monitoring
mechanism to confirm the real numbers. Commissioner Flury supported the lease and
mentioned that the Commission would still have time to make further revisions at the
public hearing of the ordinance on second reading.
Commissioner Mikes expressed his concerns about the blank sections in the lease
referring to "condemnation", the day of the week that the restaurant would be closed,
and the number of parking spaces to give the prospective tenants. Commissioner Mikes
recommended that some changes be made to the lease to protect the City, that the City
obtain an opinion from FAU on the bridge and marine, the blanks be filled in the lease
and that he would only support a 10-year lease.
Discussion followed between the Commission and Attorney Ansbro in regards to the
term of the lease and whether a 10 or a 20-year lease should be considered.
Mayor Anton stressed the fact that the City borrowed $650,000 to build the restaurant
last year and that if the City does not proceed with the project, the money will have to be
returned with costly penalties. He expressed his desire to send a clear message to the
prospective tenants that the City is seriously willing to do business and expressed his
desire to see the City move forward with the project.
City Attorney Ansbro clarified that the draft lease was prepared by his office and that the
"condemnation" section will be simplified, as this was not something the prospective
tenants requested. He added that the blanks will be filled in and staff will come back to
the Commission with a fully negotiated transaction. He advised that a public hearing
would be advertised for the ordinance and that the lease will be presented to the City
Commission with ample time for them to read it and make changes before it is approved.
City Attorney Ansbro reported that staff would be meeting with Harbour Towne this week
as that is another issue in progress.
The Commission generally agreed to have City Attorney Ansbro work on the areas in
question, including the possibility of a 10-year lease. City Manager Pato was asked to
contact FAU in regards to the intentions with the marina and to ask Representative Ryan
and State Representatives in Tallahassee to check on FAU, FDOT or any other parties
about any future plans to move the bridge entering into John U. Lloyd Park.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
approving the general concept of the draft lease agreement with Sven Jutz and Ute
Stork with the understanding that the lease would be approved by an ordinance and an
advertised public hearing. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
MINUTES 13 APRIL 22, 2003
CITY OF DANIA BEACH
(Continued from March 25, 2003 meeting)
11.4 Discussion of Dania Economic Development Board. (Commissioner Flury)
Commissioner Flury mentioned that the Dania Economic Development Board does not
have a mission at this time and suggested that appointments for the board be placed on
hold until the CRA issue is resolved with Broward County. The Commission generally
agreed with Commissioner Flury's suggestion.
12. APPOINTMENTS: (See Items 12.3, 12.5, 12.6, 12.7, 12.8 and 12.9)
12.1 Appointment of 7 members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING
THAT SAID MEMBERS SHALL SERVE TWO (2)YEAR TERMS EXPIRING 12:00 NOON, MARCH
15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
No appointments presented.
12.2 Appointment of 3 members to the Budget Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE"BUDGET ADVISORY BOARD"; PROVIDING THAT
SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 15,
2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
No appointments presented.
12.3 Appointment of 3 members to the Charter Review Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "CHARTER REVIEW ADVISORY BOARD";
PROVIDING THAT SAID MEMBERS SHALL SERVE AT THE PLEASURE OF THE CITY
COMMISSION UNTIL THE BOARD IS ABOLISHED, THE APPOINTING COMMISSIONER NO
LONGER HOLDS OFFICE OR NO LONGER THAN 12:00 NOON, MARCH 15, 2005; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
Commissioner Flury appointed Pat Rafacz.
12.4 Appointment of 10 members to Dania Economic Development Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD";
PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00
NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE".
No appointments presented.
12.5 Appointment of 3 members to the Human Relations Advisory Board.
MINUTES 14 APRIL 22, 2003
CITY OF DANIA BEACH
• "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "HUMAN RELATIONS ADVISORY BOARD";
PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00
NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE".
Mayor Anton appointed Pat Tyra.
12.6 Appointment of 3 members to the I.T. Parker Community Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER COMMUNITY ADVISORY BOARD";
PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00
NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE".
Vice Mayor McElyea appointed Kurt Ely.
12.7 Appointment of 4 members to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD"; PROVIDING THAT
SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 15,
2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
Vice Mayor McElyea appointed Charlie McKenna and Commissioner Mikes appointed
Bill Wolsenitz.
12.8 Appointment of 1 member and 2 Alternate members by Commission to the
Nuisance Abatement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "NUISANCE ABATEMENT BOARD"; PROVIDING
THAT SAID MEMBERS SHALL SERVE TWO (2)YEAR TERMS EXPIRING 12:00 NOON, MARCH
15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
Commissioner Mikes appointed Linda Wolfson to the member position.
12.9 Appointment of 3 members to the Parks, Recreation & Community Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION & COMMUNITY
ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR
TERMS EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE".
Mayor Anton appointed Lisa Drake.
12.10 Appointment of 1 member to the Planning & Zoning Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF MEMBERS TO THE "PLANNING & ZONING ADVISORY BOARD";
PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00
• NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE".
MINUTES 15 APRIL 22, 2003
CITY OF DANIA BEACH
No appointment presented.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
approving all appointments as submitted and adopting all Resolutions for each
respective board. The motion passed on the following 5/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Flury-yes Mayor Anton-yes
Commissioner Mikes-yes
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato advised that flag poles are being installed at all the City parks,
as well as at the gateway sign at the entrance to the City.
In regards to the comment made under Citizens Comments about the Employee
Recognition Program, City Manager Pato explained that it is designed by City
employees for all City employees irrespective of their positions. He further congratulated
Bonnie Temchuk for being an excellent Assistant to the City Manager.
In preparation for the Workshop on April 30th, Commissioner Mikes requested City
Manager Pato to present a breakdown information on insurance, costs for dependant
spouses and children, and to specify children under 18 as a group and 18-25 as another
group.
13.2 City Attorney- No comments
13.3 City Clerk— Meeting Reminders: April 28—6:00 p.m. — CIP 03/04FY
April 30 —6:00 p.m. — Insurance & Benefits
14. ADJOURNMENT
This meeting adjourned at 10:10 p.m.
ATT ST:
CHARLENE JOHOJON 136ff Ar4TON
CITY CLERK MAYOR-COMMISSIONER
Respectfully submitted by:
Miriam Nasser
Deputy City Clerk
APPROVED: June 24, 2003
MINUTES 16 APRIL 22, 2003
CITY OF DANIA BEACH