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HomeMy WebLinkAbout2000-04-11 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 11, 2000 1. MAYOR MCEL YEA CALLED THE MEETING TO ORDER AT 7:30 P.M. 2. INVOCATION AND PLEDGE OF ALLEGIANCE *Reverend Bob Sands 3. ROLL CALL Mayor: Charles McElyea Vice Mayor: John Bertino Commissioners: Jim Cali John Etling Bob Mikes City Attorney: Thomas Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. PRESENTATIONS �1. BSO —"Deputy of the Month" award to Deputy David Gambrel for the month of February 2000. BSO, District II awarded Deputy David Gambrel "Deputy of the Month" for February 2000 for his attention to detail while interviewing a drug suspect on February 15, 2000, that lead up to a follow-up investigation by a robbery detective and FBI's eventual arrest of a dangerous felon connected to eight bank robberies in the South Florida. Item 4.1 was heard after Item 8.1. 4.2 Shawn Davis, S. Davis &Associates, - City's 1999 Comprehensive Annual Financial Report Shawn Davis, S. Davis &Associates, presented the audit for the year ending September 30, 1999, and pointed out significant areas in the following sections: Financial Section, Combining Individual Fund and Account Group Statements and Schedules for the General Fund, Statistical Section relating to revenues and expenditures, Supplemental Grant Schedules of Findings, and required Management Letter required by Section 10.554(f) of the Rules of the Auditor General of the State of Florida. Mr. Davis stated that no irregularities were found and that the City is not in a State of Financial Emergency as it relates to the Rules of the Auditor General. He reviewed the Advisory Comments found on page 96 as they relate to recommending implementation of GASB 33 (Accounting and Financial Reporting for Nonexchange Transactions) and GASB 34 (Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments.) Mr. Davis explained that GASB 34 must be implemented during the effective period beginning June 15, 2002, and recommended that the City begin the process as soon as possible since it will be a major undertaking. Mr. Davis expressed his appreciation to the Finance Department staff for their assistance in completing the audit. MINUTES 1 APRIL 11, 2000 CITY OF DANIA BEACH Commissioner Cali complimented Finance Director Jabalee and her staff and Shawn Davis, S. . Davis &Associates, for a job well done. He mentioned that GASB 34 is going to alter the way all governments have to present their financial information and he recommended that S. Davis & Associates be retained to assist staff with the transition. City Manager Smith mentioned the importance of retaining an auditing firm for multiple year engagements so that they become familiar with the City's financial needs and can guide staff on the implementation of new financial regulations. Vice-Mayor Bertino mentioned that Marie Jabalee, Finance Director, will be retiring and that the City should hire someone familiar with the GASB 34 requirements. He suggested waiting for the new person to be hired so that they may decide how to proceed with the implementation of GASB 34. The City Commission generally agreed. A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the City's 1999 Comprehensive Annual Financial Report submitted by Shawn Davis, S. Davis & Associates, for the year ending September 30, 1999. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes At this time, Commission Comments (11) were heard. PROCLAMATIONS 5.1. A proclamation declaring April 13, 2000 "Family Success Center Day" in the City of Dania Beach. 5.2. A proclamation recognizing April 28, 2000, as "National Millennium Arbor Day" in the City of Dania Beach. City Manager Smith read the proclamations in their entirety and mentioned that Arbor Day will be celebrated in conjunction with Dania Elementary School this year. ITEMS 6.3 AND 6.4 WERE PULLED FROM THE CONSENT AGENDA 6. CONSENT AGENDA (including expenditures) Bills: 6.1 Approval of bills for February, 2000. Resolutions: 6.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF KATE GRAVES GASKILL TO THE "MARINE ADVISORY BOARD" AND COMPLETION OF A TWO-YEAR TERM ENDING MARCH 20, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 2 APRIL 11, 2000 CITY OF DANIA BEACH . Ordinances —Title to be read by city attorney 6.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY OF DANIA ORDINANCE NO. 47-91, AND CITY OF DANIA ORDINANCE NO. 04- 96 TO MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE AND DEVELOPMENT PLAN DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Etling, seconded by Commissioner Mikes, approving the Consent Agenda with the exception of Items 6.3 and 6.4. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes (FIRST READING CONTINUED FROM 3/28/2000 REGULAR MEETING) 6.3 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 2.6091 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T" AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN ORDER TO ALLOCATE 58 FLEX UNITS FROM FLEX ZONE 84; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (LUF-108-99 FIRST READING) City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Growth Management Director, explained that first reading of the Ordinance was continued from the March 28t" meeting to await a possible change in the legal status of the property to the west that involves the placement of an FPL Substation. Mr. Leeds advised that the applicant has amended their request to a small scale land use plan amendment to 58 flex • units (65 permitted under Residential 25), which amounts to approximately 22 units per acre. MINUTES 3 APRIL 11, 2000 CITY OF DANIA BEACH Staff's recommendation remains the same for a land use designation of 16 units per acre due to • the fact that 16 units per acre is the predominate residential land use east of 5th Avenue, except for the parcel immediately to the east. Staff also believes that the request should be handled as a conventional County plan amendment instead of using up flex units. He explained that the companion rezoning request is from C-2 (Commercial) to an RM-(3) (Multi-family Residential) district and that staff recommends denial. Shelly Eichner, Calvin, Giordano &Associates, representing The Shamrock of Broward, LTD., mentioned that the original request of 65 flex units has been reduced to 58 units, which is comparable to the adjacent property that the City Commission approved for 21 units per acre. She explained that the way the buildings are structured would require decreases in multiples of 6 units and that removal of 2 units off the end of each of the three buildings would cause a lopsided affect. Ms. Eichner thought that the FPL legal issue should be resolved shortly and pointed out that the applicant agrees to provide signed notarized affidavits to all prospective buyers explaining the potential for an FPL Substation being built adjacent to the condominium project. Ms. Eichner advised that FPL has been contacted and that they agree to match the perimeter landscaping and exceed Code requirements to provide any additional buffering necessary to visually screen their site from the condominium project in the event that FPL is successful in the lawsuit. Ms. Eichner pointed out that, after checking with FPL, many of the Substation type facilities are located in residential neighborhoods. She provided the City Commission with pictures showing the buffering provided by FPL of one of Shamrock's projects in Metro-Dade County that is adjacent to a Super Substation with large high tension lines. Ms. Eichner reminded the City Commission of the length of time required to go through a County plan amendment with State review due to the density of the units and clarified that the price range is $140,000.00 for condominium owned (not rented) units proposed to be built by The • Shamrock of Broward, LTD. Vice-Mayor Bertino expressed his concern that buyers may sign affidavits about the FPL Substation high tension wires and then change their minds once they started living in the project and then sell their units, thereby, causing an adverse slum development. In response to a question by Vice-Mayor Bertino, City Manager Smith mentioned that he was unable to obtain the information on where the wire ingress and egress would be located for the FPL facility. Vice-Mayor Bertino recommended postponing the first reading of the Ordinance until the final determination on the FPL lawsuit is received and due to his concern for the safety of children and families living near a transmission station. Laurence Leeds, Growth Management Director, recommended postponing the project for a month since there is no way of knowing when an answer is going to be received on the lawsuit with FPL. Commissioner Etling asked Ms. Eichner if her client would agree to include a limitation on rentals in the Condominium documents by including a defined rental period and competitive rates so as to reduce the possibility of an inferior project in the future. Carlos.Chumas, President of Shamrock of Broward, LLC, 12615 SW 91 Street, Miami, Florida 33186, explained that his corporation has researched the issue of residential communities being built near FPL Substations and, in fact, they built a project in 1986 near this type of facility that has not had any problems. Mr. Chumas pointed out that there is an adjacent project that was • approved by the City Commission a few months ago that is renting 2/2 units in the range of $750.00 per month, which are only located 54 yards from the FPL lot. He then commented on MINUTES 4 APRIL 11, 2000 CITY OF DANIA BEACH some technical information relating to electromagnetic transmission lines. Mr. Chumas agreed to amend the Condominium documents to include a provision prohibiting rentals below $1,500.00 for his 1,400 sq. ft. two bedroom/two bath units and to double the buffering requirements to protect residents. Mr. Chumas stated that this project has cost his corporation over $250,000.00 so far and that the closing on the property must take place by April 30 or he will lose his non-refundable deposit. Commissioner Mikes was pleased that the project will involve Condominium ownership and not rentals. It was his understanding that the City would have another opportunity to review the FPL Site Plan in the event that the Special Exception is approved in court. City Attorney Ansbro cautioned the City Commission that condominium law provides for rentals to be prohibited and to allow a limit during a year for units to be rented, however, he was not aware of case law capping the amount to charge for rentals. A motion was made by Vice-Mayor Bertino, seconded by Mayor McElyea, after passing the gavel, continuing the first reading of the Ordinance to the April 25th regular meeting in an effort to receive a determination from the courts on the FPL lawsuit. The motion failed on the following 2/3 roll call vote: Commissioner Cali —no Commissioner Etling-no Commissioner Mikes—no Vice-Mayor Bertino —yes Mayor McElyea-yes Laurence Leeds, Growth Management Director, suggested Shamrock of Broward provide recorded condominium documents confirming the rental requirement to the City Attorney prior to Site Plan approval. Mr. Chumas mentioned that it would take time to received approval of the condominium documents from the State and that he could provide the recorded condominium documents prior to issuance of the Certificate of Occupancy. The City Commission generally agreed that this would be acceptable. Commissioner Cali supported the project based on the fact that single family homes and Meadowbrook Phase VI Condominiums on SE 5th Avenue exist across the street from a large Florida Power.& Light substation and that he is not aware of any safety hazards to the children living in the neighborhood near Olsen Middle School. He pointed out that this residential development would be much better for the area than a commercial development that could be placed on the property with only site plan review. Commissioner Cali agreed with Commissioner Mikes that this is a high quality development that will add tremendous value to the City's tax base. Vice-Mayor Bertino disagreed with placing residential units next to a high voltage facility without knowing the ingress and egress of wires. In addition, he clarified that Meadowbrook Condominium is a considerable distance from the power station on SE 5th Avenue compared to The Shamrock of Broward proposed development. A motion was made by Commissioner Mikes, seconded by Commissioner Cali, adopting the Ordinance on first reading and continuing the public hearing to April 25. The motion passed on the following 3/2 roll call vote: Commissioner Cali —yes Commissioner Etling-yes MINUTES 5 APRIL 11, 2000 CITY OF DANIA BEACH Commissioner Mikes—yes Vice-Mayor Bertino—no • Mayor McElyea-no (FIRST READING CONTINUED FROM 3/28/2000 REGULAR MEETING) 6.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLY EICHNER OF CALVIN GIORDANO AND ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM-3 (MULTI- FAMILY RESIDENTIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE. DATE (RZ-109-99 FIRST READING) Laurence Leeds, Growth Management Director, mentioned that since the City Commission has agreed to approve 58 units (approximately 22 units per acre) the appropriate thing to do would be to approve the RM-3 zoning. The RM-3 zoning is consistent with the 22 units per acre or a total of 58 units requested by the applicant. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Ordinance on first reading at the request of 58 units. The motion passed on the following 312 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes—yes Vice-Mayor Bertino—no Mayor McElyea-no 7. BIDS AND REQUESTS FOR PROPOSALS:-None 8. PUBLIC HEARINGS 8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF I-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFORE. (first reading) Laurence Leeds, Growth Management Director, explained that the moratorium relating to the western industrial properties is set to expire April 25th. Prior to changing the zoning of these areas to Industrial Research Office Marine, the City was working with in excess of 160 property owners in the area to amend the IROM zoning district to address some of their concerns and still meet the intent of the zoning ordinance to upgrade the quality of development. A public hearing is scheduled with the Planning & Zoning Board for April 24th regarding the IROM district and this Ordinance tonight is only to allow an extension of the moratorium from April 25th to MINUTES 6 APRIL 11, 2000 CITY OF DANIA BEACH August 8, 2000. This extension should allow ample time for staff to meet with property owners • and complete the work to change the zoning. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the Ordinance on first reading. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes—yes Vice-Mayor Bertino —yes Mayor McElyea-yes 9. CITIZENS' COMMENTS: Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda shall be submitted in writing or communicated verbally to the City Manager or his or her designee prior to 4:00 p.m. on the second (2"d) and fourth (4th) Mondays of each month. Comments of any nature shall be responded to by the office of the City Manager. If, within three days of submission of the comment to the City Manager, the concern remains unresolved in the sole opinion of the citizen or interested party or the citizen or party desires to direct the comment(s) to the City Commission, the citizen(s) or party shall be placed on the citizens' comments portion of the Commission agenda and shall be allowed to address the City Commission during the next regularly scheduled City Commission meeting. Emergencies may be submitted to the Mayor, a City Commissioner or the City Manager prior to 0 the beginning of the meeting. The Mayor or Commissioners may relinquish part or all of their comment time to a citizen's request if they so desire. 10. COMMISSION COMMENTS 10.1 Commissioner Cali congratulated the Dania Beach businesses for winning the "Reader's Choice" award from the Miami Herald. He questioned whether an amendment to the YMCA agreement was supposed to be on the agenda covering the full-time hours for the facility to be open during school holidays and Spring break hours. City Manager Smith advised that the funding agreement provides for an hourly rate covering these types of hours and that this can be handled under his authority. Mr. Smith advised that an amendment would be brought back in the event that the utilization periods exceed the provisions covered in the agreement. Commissioner Cali reminded City Manager Smith that the City Commission had approved the expansion of the technology center programs to the College Gardens Neighborhood area and asked staff for a time frame on program implementation. City Manager Smith advised that Jason Nunemaker, Assistant to the City Manager, is handling the YMCA and plans to attend an opening of one of the Family Success Centers and will be bringing information back to the City Commission. Commissioner Mikes clarified that the City is not trying to replicate programs in the school system and that the City is using grant funds for the YMCA/Family Success program. • MINUTES 7 APRIL 11, 2000 CITY OF DANIA BEACH City Manager Smith stated that any expansion of the Family Success Center would be funded by Broward County and that the City is only expected to provide a site and assistance with setting up the site, but not the actual operation of the program. Vice-Mayor Bertino stated that the Broward County School system spends tremendous sums of money on computer education and that computers are becoming far more user-friendly. The City should provide access to computers for those areas that need them, but the City should not be teaching programming of computers. 10.2 Commissioner Etling urged the public to complete the Census forms by the deadline at the end of the week and reminded the public to proceed with caution since so many children will be out of school for the upcoming school holidays. Commissioner Etling advised that the Broward County Commission is in the process of defining Single-Member District lines in accordance with the referendum that passed March 14, 2000. He advised that the Broward County Commission is holding a public hearing tonight at the Governmental Center. In addition, a public hearing will be held April 12th at 7:30 p.m., Western High School, 1200 SW 136 Avenue, Davie, Florida and a final hearing will be held April 18, 2000, at 2:00 p.m., Commission Chambers (Room 422), Governmental Center, 115 S. Andrews Avenue, Fort Lauderdale. 10.3 Commissioner Mikes expressed disappointment with Broward County's willingness to split cities and not make an effort to keep service delivery areas within a district. He felt that cities should be kept in one district and that districting has a bigger impact on smaller cities like Dania Beach. • Commissioner Mikes mentioned that the issue of airport easements is coming back up again and asked City Attorney Ansbro if he is ready to send a letter cautioning the affected residents who are receiving letters from the County on air-right easements. City Attorney Ansbro advised that he is ready to send the letter. In addition, City Manager Smith advised that Jay Fields, Chairman of the Airport Advisory Board, is working with Nanci Denny, Purchasing Agent, on having the magnets prepared with phone numbers of Airport Board members to contact for airport issues so that they can be distributed to residents.. Commissioner Mikes questioned when the flashing billboard sign near the proposed Cracker Barrel Restaurant/ Springhill Suites project at Stirling Road/1-95 was approved. Laurence Leeds, Growth Management Director, agreed to review the identification sign approval and provide copies to the City Commission. Laurence Leeds, Growth Management Director, agreed to review the City's park acreage and provide a analysis based on how the different park areas are actually being used. He mentioned that the City's Comprehensive Plan requires 3 acres of park land for every 1,000 persons in the City of Dania Beach. Commissioner Mikes was pleased with the landscaping project along Griffin Road and 1-95 and asked when the sprinkler system would be installed. City Manager Smith reported that the sprinkler system should be operational very soon. Commissioner Mikes asked for an update on the implementation of recent ordinances that were • adopted relating to landlords and drug sales and occupational licenses and inspections. City Manager Smith mentioned that staff time has been limited in these areas since Code MINUTES 8 APRIL 11, 2000 CITY OF DANIA BEACH Enforcement must deal with existing complaints and daily work loads. Mr. Smith expressed an intent to bring a recommendation to the City Commission at budget time on adding more Code Enforcement Officers. Commissioner Mikes requested that the City Commission be provided with copies of the citations being issued by the Nuisance Abatement Board. 10.4 Vice-Mayor Bertino mentioned that Grandpa's Bakery, Jackson's Restaurant, Tropical Acres, and Dania Florist were awarded the "Reader's Choice" award from the Miami Herald. City Manager Smith mentioned that the Islamorada Fish Company Restaurant at Bass Pro also received an "honorable mention." Commissioner Cali recommended that proclamations be prepared and brought back at a future City Commission meeting declaring a specific day for each of the winners. Vice-Mayor Bertino mentioned his past request for the City Commission to present a monthly or tri-monthly award to businesses in the City that are doing an outstanding job. Commissioner Mikes advised that there are cities that place blue ribbon awards on the building of businesses who have made significant improvements to the building or business. City Manager Smith advised that the Main Street organization is currently offering this type of recognition to the businesses. Vice-Mayor Bertino urged the City Manager to move forward with plans for the City to award a presentation plaque that could be placed on the interior wall of those business who have improved their establishment and helped make the City better. Vice-Mayor Bertino mentioned that Olsen Middle School plans to open a program on Saturdays for computer instruction, which will be very positive for the community. Vice-Mayor Bertino mentioned that some time ago there were lands west of the airport that were condemned by Broward County as part of airport use and that he thought there was a written agreement providing for lands not used directly for airport use to revert back to the tax rolls of the City of Dania Beach. City Manager Smith advised that he has provided copies of the letter to the City Commission from Bill Sherry, Broward County, indicating a time period for those properties to be auctioned over the next 6-8 weeks, and that the letter includes a map outlining the property locations. Mr. Smith advised that these subject properties currently include County zoning designations and that the Growth Management Department would need to include these properties into any rezoning initiatives currently being addressed once the properties come back on the City's tax rolls. Vice-Mayor Bertino recommended that staff meet with the County to align the zoning classifications with the City's classifications so that the public buying these particular parcels would know what permitted uses are allowed under the zoning for each particular property. Vice-Mayor Bertino requested an update on the fire station being built at Tigertail Lake. City Manager Smith advised that this item is expected to be discussed at the Goal Setting Workshop that will be scheduled under his administrative report. 10.5 Mayor McElyea requested that the street lights located on the southeast corner of the I.T. Parker Center and the light located by the lifeguard stand at the beach be repaired for security reasons. Mayor McElyea mentioned that a prisoner cleanup crew will be working in several sections of the City and City Manager Smith mentioned that this is an ongoing project with BSO. Mayor McElyea mentioned that the City saved money by trading-in the old Sewer Vac truck for the new truck and that it is used extensively in utilities and stormwater management. MINUTES 9 APRIL 11, 2000 CITY OF DAiNIA BEACH 01. DISCUSSION AND POSSIBLE ACTION 11.1 Status report on 911 — U-Haul foreclosure. (Commissioner Cali) Commissioner Cali mentioned that he requested City Attorney Ansbro speak with Attorney Tim Ryan, City's Code Attorney, regarding the foreclosure proceedings against the project known as the 911 —U-Haul store on East Dania Beach Boulevard. It was his understanding that the City won the court case, that the appeal time expired, and that the foreclosure proceedings should go forward. City Attorney Ansbro agreed that a court ruling was in the City's favor and he mentioned that the Code Enforcement Board expects to meet in May, and, at that time, Attorney Ryan will request authority from the Code Enforcement Board to seek and initiate foreclosure proceedings. Mr. Ansbro advised that Mr. Ryan also reported that eviction proceedings have begun on the property. Attorney Ansbro explained that the 911 store gave the City, through Mr. Ryan, an offer of$26,000.00 towards the code fine, and that the City accepted the money, and that the 911 Store was told that they could not continue to rent out trucks and accrue the fine. The 911- store representatives were not agreeable to the terms that were prescribed and did not cease doing business so the money was returned, and, at that time, the store was advised that foreclosure proceedings would be started. Commissioner Cali questioned why it has taken so long since the City Commission gave direction to Attorney Tim Ryan in February to begin the foreclosure proceedings and why an illegal business has been operating after the court ruling. City Attorney Ansbro advised that the ordinance has a requirement that you can't seek to foreclose on the lien until after six month after the lien is filed and that he could file a Mandatory Injunction if the City Commission wants him to do so. Commissioner Cali could not understand why another court proceeding is necessary to get permission to enforce the City's codes. City Attorney Ansbro explained that the City does not have the authority to send the police over and shut the business down and that the legal process has to be followed by first ordering the business to stop, proceed with an eviction, foreclosure proceedings, and then file an injunction. Commissioner Mikes agreed with Commissioner Cali that this has dragged on too long and that the U-Haul Company should be contacted as they are a reputable company and would most likely want to comply with the City since the business is obstructing the vision of drivers and people are getting injured and killed. Commissioner Cali recommended having Attorney Ansbro handle the foreclosure since Attorney Ryan's uncle owns the subject property and the possibility of a conflict of interest. A motion was made by Commissioner Cali to have Attorney Ansbro handle the case from now on. The motion failed for lack of a second. Attorney Ansbro was directed to contact Attorney Ryan regarding moving forward on the foreclosure and to send a letter to the U-Haul Company with a copy of the court ruling. 11.2 Discussion of constructing a mausoleum at Dania Municipal Cemetery. (Vice-Mayor Bertino) • Vice-Mayor Bertino mentioned that the City is running out of cemetery space and that it might be beneficial for the City to see if Perpetual Care Funds could be used to build a columbarium. MINUTES 10 APRIL 11, 2000 CITY OF DANIA BEACH He also recommended that the cemetery fees be increased since the fees are so low and there • may not be cemetery plots left for Dania Beach residents in the near future. Commissioner Mikes suggested having staff review the cemetery to see if an area could be reserved for Dania Beach residents. City Manager Smith agreed to provide the City Commission some preliminary costs and information on the marketability of a mausoleum based upon demographics. Commissioner Cali suggested that the City Manager also look into the possibility of a private venture operation like Fort Lauderdale did a few years ago where a company would use their resources to acquire the land and construct a mausoleum and columbarium. The City would be in partnership over the long-term and, at the end, the City would still own the land. The City Commission generally agreed. 11.3 Discussion of a request by Liberia Economic & Social Development, Inc. for waiver of approximately $5,000.00 in rezoning, variance and site plan fees. (Staff) Laurence Leeds, Growth Management Director, advised that Henry Graham, L.E.S., is investigating the possibility of rezoning some land on the northeast corner of 12 Avenue and Sheridan Street. The property currently has an RM-Residential designation and Mr. Graham has submitted a petition to rezone the property to C-2 Commercial and he is requesting a fee waiver. In addition to rezoning costs there are also fees required for site plan review and any variances that may be required. Mr. Leeds explained that there is a section in the code dealing with cost recovery,'which requires the applicant to open an account that the City draws from • based upon the charges to the-project. Mr. Graham has requested a waiver of the fees until sometime into the future. Mr. Leeds recommended getting enough money collected up front to cover the costs since the City has had situations where developers have not gone through with projects and the City has had to cover costs associated with these developments from the General Fund. Mr. Leeds mentioned that it was his understanding that Mr. Graham wants to establish a carpet business at the site. Vice-Mayor Bertino mentioned that he spoke with Mr. Graham and that Mr. Graham's intention is to take the three lots zoned residential by the City on Sheridan Street and rezone them to commercial and sell them to the carpet company and use the profits from the sale to make improvements to LES low income properties. Vice-Mayor Bertino clarified that Mr. Graham does not want a waiver but a deferral because they do not have the money up front. Commissioner Etling questioned why the proposed purchasers could not pay the costs associated with the rezoning request. Mr. Leeds was unable to answer the question and agreed that Mr. Graham should respond to the question. A motion was made by Commissioner Etling, seconded by Commissioner Cali, continuing the item to April 25th regular meeting with the understanding that Mr. Henry Graham would be present to discuss his request further with the City Commission. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling-yes • Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes MINUTES 11 APRIL 11, 2000 CITY OF DANIA BEACH 0 1.4 Request by Dania Beach Rotary Club to waive rental fees for the use of I.T. Parker Center for Annual Caribbean Night. (City Manager) City Manager Smith explained that the Rotary Club has requested a waiver of fees to use of the I.T. Parker Center for the Annual Caribbean Night event and that the costs are estimated at $800.00. Commissioner Mikes mentioned that the community center was supposed to be used for the community and that it functions independently because of the fees that are collected to cover operating costs. He recommended that the City stand by the policy and not grant these types of request for fear of setting a precedent for other worthwhile organizations to make similar waiver requests. Vice-Mayor Bertino agreed with Commissioner Mikes but pointed out that there are organizations like the Dania Beach Optimist Club who provides recreational programs for the City and the Rotary Club who has donated $5,000.00 or$6,000.00 for the Vita-path/walking trail. Discussion followed on renting the community center to organizations on an In-Kind service basis to the City as long as there is proper accounting provided. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, to waive the fee for the use of the I.T. Parker Community Center for the Dania Beach Rotary Club on May 13, 2000, based upon past donations that have been made to the City in excess of$5,000.00. The motion passed on the following 5/0 roll call vote: • Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes 11.5 Request by Neptune Fireworks for blanket approval to put up temporary tents for events May 3- 8 and June 22-July 7, 2000. (Staff) Laurence Leeds, Growth Management Department, explained that Neptune Fireworks is requesting a blanket approval to erect a temporary tent directly south and inside of the fence at the store location for events being held May 3-8 and June 22 —July 7, 2000. Mr. Leeds advised that staff recommends approval with the condition that the applicant obtain the necessary building permits prior to erecting the tent. A motion was made by Commissioner Etling, seconded by Commissioner Cali, approving the request by Neptune Fireworks to erect temporary tents for events May 3-8 and June 22-July 7, 2000, subject to applicant obtaining all necessary building permits prior to the construction of tents with the understanding that the Growth Management Director would have the discretion of determining the number of tents to be erected. The motion passed on the following 3/2 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —no Vice-Mayor Bertino —yes • Mayor McElyea-no MINUTES 12 APRIL 11, 2000 CITY OF DANIA BEACH 12. APPOINTMENTS— • City Attorney Ansbro pointed out to the City Commission that they need to adopt a resolution with a roll call for appointments submitted for each board in accordance with Charter requirements. 12.1 Appointment of 4 members to the Airport Advisory Board. 12.2 Appointment of 2 members to Human Relations Board. Mayor McElyea mentioned a recent letter received from the Human Relations Board and his intention of placing discussion of possibly abolishing the board on the next agenda. 12.3 Appointment of 3 members to the Marine Advisory Board. 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. 12.5 Appointment of 1 member to Parks, Recreation and Community Affairs Advisory Board. 12.6 Appointment by Mayor of 1 member for resident position on The Dania Housing Authority. Mayor McElyea encouraged Commissioner Mikes to submit a nomination at the next meeting for the Dania Housing Authority appointment. • Commissioner Etling mentioned that there are two commission member positions and one alternate position that have expired April 1, 2000, on the Civil Service Board and that these appointments have not been added to the agenda. He mentioned that there are other terms that have also expired on the Civil Service Board. Deputy Clerk Johnson mentioned that the terms on the board are being reviewed for possible amendment and that the City Commission appointments would be brought back at the next,meeting. City Manager Smith mentioned that the board has not met for over four years and that an election has to be held for some of the appointments. Even though the board does not meet on a regular basis, Vice-Mayor Bertino stressed the need for the board members to be in place. 13. A DMINIS TRA T/VE REPORTS 13.1 City Manager Smith scheduled a Goal Setting Workshop with the City Commission for Tuesday, May 16, 2000, at 7:00 p.m. and a workshop meeting to discuss the three proposals received for the Pier Restaurant at the beach on May 1, 2000, at 7:00 p.m. City Manager Smith advised that he would be leaving for New Orleans Monday, April 17 and returning Friday, April 21 to attend a National Hurricane Conference. While away, Jason Nunemaker, Assistant to the City Manager, would be in charge and Mr. Smith advised that he would be in touch with staff on a daily basis by phone. The D.A.R.E. graduation will take place Thursday, April 13, 2000, at 9:00 a.m. at Collins Elementary School. 13.2 City Attorney- no comments 0 MINUTES 13 APRIL 11, 2000 CITY OF DANIA BEACH 14. ADJOURNMENT • This meeting adjourned at 9:50 p.m. MAYOR-COMMISSPRER ACTING CITY CLERK Respectfully submitted by: Charlene Johnson Deputy City Clerk APPROVED BY CITY COMMISSION: 4/25/2000 • • MINUTES 14 APRIL 11, 2000 CITY OF DANIA BEACH