HomeMy WebLinkAbout2000-04-25 Regular City Commission Meeting Minutes MINUTES
!` DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 25, 2000
1. MAYOR MCEL YEA CALLED THE MEETING TO ORDER AT 7:30 P.M.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Richard Austin, First Baptist Church of Dania Beach
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
• 4.1 National Drug Fighting Reunion hosted by Turn Around Dania Beach being held August 4-
5, 2000, at Sheraton Hotel. (Sophie Steele)
Sophie Steele, Turn Around Dania Beach, advised the City Commission of the drug fighting
workshop being held at the Sheraton Hotel in August and she requested support for the event
from the City.
Robert Chunn, Turn Around Dania Beach, mentioned the importance of the Turn Around
America, established by Dr. Herman Wrice, workshop that will include Turn Around groups from
over 20 states and 2 foreign countries. He expected 300 to 400 people to attend and thought
this would be a good event for Dania Beach.
Commissioner Mikes suggested that the members gather a co-sponsor list and contact the
tourism council to see if the event could be promoted by the County.
Commissioner Cali advised that the Visitors and Convention Bureau collects tax dollars from
hotel rooms to promote conventions in Broward County and that the City should match whatever
the tourism counsel provides.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, authorizing the
City to fund 50% of the itemized budget costs, not to exceed $15,000.00, for the Turn Around
America Drug Fighting event with the understanding that an itemized budget would be provided
at the May 9th meeting and that the costs would be paid out of the Police Fines and Forfeitures
Fund.
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MINUTES 1 APRIL 25, 2000
CITY OF DANIA BEACH
The motion passed on the following 5/0 roll call vote:
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Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
4.2 Presentation by Main Street regarding schedule for annual Tomato Festival.
Patty Hart, Main Street, introduced Tom Tisdale as the new director for Main Street.
Dana Klein presented Main Street's reasons for recommending that the Tomato Festival be held
February 9-18 and requested that the City provide usage of the I.T. Parker Community Center
and in-kind services to be determined at a later date.
In the event the I.T. Parker Center is not available on February 16, 2000, the City Commission
agreed that Main Street could use the City Hall Atrium and suggested that they may want to
contact Sheraton Hotel for possible use of their atrium.
A motion was made by Vice-mayor Bertino, seconded by Commissioner Etling, approving the
use of the I.T. Parker Center for the costume party for Friday, February 16, 2000, from 7:00 p.m.
— midnight and in-kind services to be determined at a later date.
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
5. PROCLAMATIONS
5.1 Proclamation declaring May 191h and May 201h, 2000 as "Hospice Regatta 2000
Weekend" in the City of Dania Beach.
City Manager Smith read the proclamation in its entirety.
Commissioner Cali advised of his membership on the Board of Hospice Care of Broward
County for the Regatta Committee. He explained that the Regatta program raises money for
Hospice and that it is a sail boat race that has many classes of sailors. The Broward County
event is connected to the National Hospice Regatta Program and the winning teams from each
location will go to Annapolis, Maryland in 2001. In Annapolis the following year, the Hospice
Regatta teams are provided equally equipped J-Boats which are expensive high classed sail
boats and the teams race for three days. All of the expenses are paid by the sponsors of the
Hospice Regatta and the National Regatta. The "Hospice Regatta 2000 Weekend" will be held
in Fort Lauderdale along Esplanade Park . Commissioner Cali advised that this year, the Dania
Beach Yacht Club will be giving out its first "Hospice Regatta 2000" trophy to any boat from
Dania Beach that is registered in the Regatta and that turns out with the best time.
5.2 A proclamation declaring May 4, 2000, as "Day of Prayer" in the City of Dania Beach.
10. CONSENT AGENDA (including expenditures)
MINUTES 2 APRIL 25, 2000
CITY OF DANIA BEACH
Minutes:
f6.1 Approval of Minutes of the Regular Meeting, April 11, 2000.
Resolutions:
6.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION
NO. 2000-041, ADOPTED MARCH 28, 2000, AND SUBSTITUTING IN ITS PLACE A NEW
RESOLUTION APPROVING THE SEVENTEENTH AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH;
PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL
OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX
ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION
NO. 2000-042, ADOPTED MARCH 28, 2000, AND SUBSTITUTING IN ITS PLACE A NEW
RESOLUTION APPROVING THE 2000 AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX
IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ON MOTOR FUEL
ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, approving the
Consent Agenda.
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, Item 9.1 was heard.
7. BIDS AND REQUESTS FOR PROPOSALS:-None
8. PUBLIC HEARINGS
Item 8.1 was heard after Item 9.1.
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 1-95
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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
MINUTES 3 APRIL 25, 2000
CITY OF DANIA BEACH
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the
Ordinance on second 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
8.2 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.
(SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
Mayor McElyea opened the public hearing.
Attorney Gerald Knight, Holland & Knight, One East Broward Boulevard, explained that the
Ordinance extends the build out of Phase III by one-year, reduces the office square footage by
30,000 square feet, and shifts 30,000 square feet of the wholesale design center from Phase III
to Phase IV.
Hearing no further comments, the Mayor closed the public hearing.
Laurence Leeds, Growth Management Director, explained that the development order is
required by Florida Statutes, Chapter 380 and that the amendment extends the phasing
schedule slightly and changes the size of the office building that is part of Phase I. The net
impact of the change is actually less than what was previously approved.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
® Ordinance on second reading.
MINUTES 4 APRIL 25, 2000
CITY OF DANIA BEACH
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
8.3 Request for clarification of Commission action from April 7, 1999 Commission meeting
by John and Lilly Glarentzos of John's Amoco for property located at 1554 South Federal
Highway, Dania Beach. Request for clarification of action is in conjunction with renovations to
the existing gas station.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY JOHN GLARENTZOS, FOR PROPERTY
COMMONLY KNOWN AS JOHNS AMOCO, LOCATED AT 1554 SOUTH FEDERAL
HWY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Laurence Leeds, indicated staff is requesting clarification of the City Commission's actions on
April 13, 1999, when the site plan for John's Amoco was approved. The Site Plan provided for
removal of the existing gas station building and construction of a contemporary convenience
store with a pitched roof, as well as, installation of a car wash and landscaping along the back of
the property located at 1554 South Federal Highway.
• He explained that there has been some confusion with regards to whether or not the City has
the Site Plan that was earlier submitted by Lilly Glarentzos to Terry Virta, previous Growth
Management Director, at the meeting of April 13, 1999. Mr. Leeds explained that the petitioner
has provided a Site Plan showing the convenience store right on the rear property line and built
into and incorporated as part of the wall. The dumpster enclosure sits approximately 5' away
from the rear lot line.
On April 13, 1999, Mr. Leeds explained that Ms. Glarentzos received a setback variance
allowing the building less than 10 feet from a property. The previous Growth Management
Director over looked a relatively obscure zoning code requirement for the wall to be setback 2.5'
from the alley. If the wall is setback 2.5', the building and the dumpster enclosure would have to
be moved 2.5' forward. The other problem is that the Florida Department of Transportation is
planning to widen Sheridan Street at this location and no one knows, at this time, what the new
roadway alignment is going to be for the property. Mr. Leeds expected a south portion of the
property to be lost and explained that Ms. Glarentzos' desire to move the building back is a
response to FDOT's anticipated acquisition of a portion of her property. Mr. Leeds explained
that since the variance allows less than 10' for a setback, he thought the fence could also be
setback less than 10'. In addition, Bud Palm, Utilities Director, has indicated he has no problem
with a 15' alley to accommodate public works trucks.
The site plan as submitted by Ms. Glarentzos moves the dumpster enclosure to the rear to
accommodate the turning radius for cars into the car wash. Ms. Glarentzos will have plastic top
enclosures on the dumpster so the dumpster will be closed, limiting the impact on the
homeowner to the opposite side of the alley. Mr. Leeds explained that the drawings provided to
the City Commission are part of the construction drawings set and the landscape plan is
is currently being reviewed by the City's Landscape Consultant in regards to tree treatment.
MINUTES 5 APRIL 25, 2000
CITY OF DANIA BEACH
Mr. Leeds recommended that the City Commission approve the plan that has been submitted
and marked Exhibit "A".
Commissioner Etling mentioned that FDOT's intentions are to widen Sheridan Street from two
lanes to three lanes, which should take a minimum of 10', and that this should affect the
placement of the gas pumps on the property. Ms. Glarentzos advised that, at the time of
FDOT's changes to Sheridan Street, the parking in front of the convenience store will be
removed so the pumps can be pushed back and this is the reason why the building was set
back so far.
Mr. Leeds explained that the movement of the pumps (into currently approved parking spaces)
will require a variance and that the petitioner understands this. In the future, Ms. Glarentzos
expected the curb cuts to be taken by FDOT,.which would require new landscaping, and the two
current ingresses to be changed to one ingress on each roadway. She understood that the
pumps would be relocated to the front of the convenience store and that new canopies would be
required.
Commissioner Mikes questioned the City Manager on why the City Commission was not notified
of FDOT's plans when this site plan was discussed in 1999 since the City Manager was
involved in negotiations with FDOT. City Manager Smith advised that the City had not been
officially notified, at that time, of any widening project in progress. Mr. Smith reminded the City
Commission that they have just received notification about attending meetings in June with
FDOT.
Mr. Leeds mentioned that he was just made aware that FDOT will be holding two hearings and
the City has requested FDOT to hold one of the hearings in Dania Beach in order to notify
citizens. The Director of Transportation Planning Division of Broward County advised him that
the hearings scheduled in June will only be general informational meetings and that they do not
expect to discuss the alignment of Sheridan Street. Mr. Leeds expected the completion of the
project to be two or more years into the future.
Commissioner Mikes questioned Mr. Leeds on what would happen if the project does not meet
the City's pervious and impervious area code requirements after FDOT takes a portion of the
property. It was Mr. Leeds' opinion that the City cannot require the applicant to obtain a
variance if FDOT's actions leave the property non-conforming with respect to pervious area.
However, Mr. Leeds clarified that the applicant would have to come back for a variance if she
decides to install new pumps where parking is currently located. Mr. Leeds indicated his desire
to work closely with FDOT to ensure that maximum landscaping is added along the properties
on Sheridan Street for the benefit of the southwest section of the City.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Mayor McElyea, after passing the
gavel, continuing the request by John and Lilly Glarentzos, John's Amoco, 1554 South Federal
Highway, to the May 9th regular meeting so that staff can obtain information from FDOT on their
plans for expansion of Sheridan Street and whether 10' or 20' or the south or north side of
Sheridan Street will be taken so the City Commission can address landscaping for the project.
The motion to continue failed on the following 2/3 roll call vote:
MINUTES 6 APRIL 25, 2000
CITY OF DANIA BEACH
Commissioner Cali —no Commissioner Etling-no
4 Commissioner Mikes —yes Vice-Mayor Bertino —no
Mayor McElyea-yes
For clarification purposes, Mr. Leeds explained again that if FDOT takes property along the
south side of the site and the result is removal of existing pumps, the applicant would not have
to do anything as long as nothing else changes. However, if the applicant decided to replace
the lost pumps and a substantial change was made to the site plan, for example removal of the
parking spaces in front of the convenience store, then the applicant would have to come back to
the city for a parking variance. In the event that the parking variance is denied, the applicant
may not be able to replace the pumps that are lost and the site would function with pumps on
US 1 only.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the
clarified changes to the site plan as presented by Laurence Leeds, Growth Management
Director.
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
8.4 SP-04-00 — Site plan approval request by the Secret Woods Nature Center for property
located at 2701 West State Road 84, Dania Beach. Request is for the construction of a new
• exhibit hall at the existing nature center.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY THE BROWARD COUNTY PARKS AND
RECREATION DIVISION, FOR PROPERTY LOCATED AT 2701 WEST STATE ROAD
84, DANIA BEACH; A.K.A. "SECRET WOODS NATURE CENTER"; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, recommended approval and clarified that the
tree removal permit from Broward County is no longer necessary. Mr. Leeds advised that
Broward County allows the City to count 10% of Secret Woods Park, or 7.3 acres, as
community park land for the City and the remainder is contributed to Broward County.
Mayor McElyea opened the public hearing.
Tamara Peacock and Aaron Austin, Project Architects for Secret Woods Park, explained the
plans for a new exhibit hall and nature center for educational purposes and requested approval
of the site plan.
Hearing no further comments, the Mayor closed the public hearing.
In response to a question from Commissioner Mikes, Mr. Austin explained that there is no
docking available at the park and that there are plans to remove a total of three trees.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the
resolution subject to the three trees that are being removed to be relocated in the park.
MINUTES 7 APRIL 25, 2000
CITY OF DANIA BEACH
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
8.5 SA-102-99—Sign adjustment request by Jay Kodner of Kodner Galleries for property located at
45 South Federal Highway, Dania Beach.
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
JAY KODNER, KODNER GALLERIES, FROM CHAPTER 28, ZONING, ARTICLE 28,
SIGNS. DOWNTOWN DANIA REDEVELOPMENT DISTRICT SIGN REGULATIONS,
FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HWY., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that staff recommends denial based
on the sign adjustment not meeting the criteria indicated in Section 28.200(1) of the Dania
Beach Zoning Code. He clarified that this recommendation is not a reflection on the design,
appearance, or aesthetics of any sign. Further, he advised that the Planning & Zoning Board
recommended approval of the following:
Front street wall sign: Approval, subject to all window signs being removed within one week of
the City Commission action.
Side street wall sign: Approval, subject to all window signs being removed within one week of
the City Commission action.
Temporary auction signs: Approval, subject to sign being allowed no more than 15 times per
year and no more than six hours at a time, and subject further that the sign be restricted to a
size that the City Commission determines is adequate.
Window Signs: Denial
Jay Kodner, Kodner Galleries, explained that the window signs were painted over and that the
measurements of the two electric neon signs that were approved in 1990 are 2.5' by 12' and he
disagreed that the signs were oversized. He explained that auctions are conducted
approximately 15 times a year and that the signs are needed because they are conducted at
night and people have a problem finding the location.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Commissioner Mikes expressed concern that many other businesses in the downtown area are
making improvements to their properties and that this building appears to be deteriorating since
the windows were painted over. In addition, there are no awning treatments, the shrubbery is
not maintained, and the building has an appearance of a warehouse on a corner.
Mr. Kodner disagreed with the comments about his property and advised that a landscaping
service comes every two weeks, the hedges are maintained, 18 trees have been installed when
only 3 were required, and there is an existing Cherry Plum hedge. In addition, the litter is
MINUTES 8 APRIL 25, 2000
CITY OF DANIA BEACH
cleaned up each morning, a new roof has recently been installed, and the old awnings are going
to be replaced. Mr. Kodner also pointed out that he has improved the old Steak N Egg building
and expects to exceed landscaping requirements five times over.
Discussion followed on whether or not FDOT prohibits sandwich signs and the possibility of the
City reviewing the Sign Ordinance to see if the sandwich signs could be utilized without being a
detraction. Mr. Leeds was unable to confirm one way or the other on the sandwich signs, but
thought that FDOT would not have a problem if the signs were used on private property. They
would certainly be prohibited if they were used on any part of public right-of-way or sidewalk, or
parking lot off public right-of-way. Mr. Leeds agreed to speak with FDOT on whether or not they
have any objection to sandwich signs.
Commissioner Etling pointed out that pictures in the backup material for this item clearly shows
that the whole side of 1st Street is littered with trash and that palm fronds are down. Mr. Kodner
opposed the use of the pictures as he felt they were over four months old. Commissioner Etling
thought that the blacked-out windows provide a harsh effect and warehouse looking appearance
to the downtown area through Main Street. Mr. Kodner advised that the glass is going to be
removed in the near future and it will be blocked so that it will look like a level building as the
glass is not used anymore. Commissioner Etling advised that these changes would be a
violation of the City's Arterial Design Guidelines since there is a certain amount of glass
frontage required. Mr. Kodner assured him that any changes he makes would be in compliance
with City requirements, and before Hurricane season, the front of the building at 45 South
Federal Highway will be remodeled. The windows were painted white because the City
objected to the wording on the windows.
Commissioner Cali suggested that the petitioner contact Main Street to see if they might be able
to utilize the loan subsidy program that was recently approved for improvements to the
downtown area.
Mr. Leeds agreed to fax the requirements for the Arterial Design Guidelines to Mr. Kodner. Mr.
Kodner asked if the problem would be solved if he were to remove the paint on the windows and
bring them back to showroom windows. Commissioner Etling advised that there would still exist
the oversize signage problem on the south side of the building and he was encouraged by the
City Commission to speak with Main Street.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, continuing the
sign adjustment (SA-102-99) by Jay Kodner to May 23 regular meeting so that the applicant can
bring back elevation drawings on what will be done in the future with the windows and a
timetable for the improvements.
The motion to continue 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
8.6 SA-101 B-99— Sign adjustment request by Robert Fronek of Dania Beach Florist for property
located at 64 South Federal Highway, Dania Beach.
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
ROBERT FRONEK, DANIA BEACH FLORIST, FROM CHAPTER 28, ZONING,
MINUTES 9 APRIL 25, 2000
CITY OF DANIA BEACH
ARTICLE 28, SIGNS. DOWNTOWN DANIA REDEVELOPMENT DISTRICT SIGN
REGULATIONS, FOR PROPERTY LOCATED AT 64 SOUTH FEDERAL HWY., DANIA
BEACH; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the applicant is requesting
permission to maintain both wall signs along the U.S. 1 frontage and one smaller wall sign on
the side street. According to code, the applicant is only permitted one wall sign on U.S. 1 and
the wall sign on the side street cannot exceed 25% of what is permitted on U.S. 1.
Mr. Leeds explained that staff is recommending denial of the sign adjustments as they do not
meet the Sign Adjustment Criteria indicated on Section 28.200 (1) of the Dania Beach Zoning
Code. However, he explained that the Planning & Zoning Board recommended approval of the
"Florist" sign, denial of the "Dania Flower Shoppe" sign with removal within 60 days of City
Commission action, and approval of the wall ("Box") Sign on SW First Street.
Mayor McEiyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Commissioner Etling stressed the importance of adding greenery to the front of the store to
soften the appearance and suggested three or four large pots with fichus trees to off-set the
plain walls. Commissioner Mikes agreed with Commissioner Etling about the need for
landscaping but did not think that pots would be a good idea. He suggested the addition of
hedges along the front of the building, excluding the windows, and planting two or three
Alexander Palms between the awnings and one on the side to match the landscaping at
Grandpa's Restaurant. Commissioner Cali suggested approval of the three existing signs for the
business as along as the petitioner added the suggested landscaping. In regards to the signs,
Commissioner Etling recommended that the wording "Dania Beach" be larger than "Flower
Shoppe" since "Florist" already exists.
Laurence Leeds, Growth Management Director, explained that parking is a problem for the site
and pointed out that additional shrubbery near the handicap parking space may take up too
much room. The City Commission agreed.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, approving the
sign adjustment (SA-101 B-99) by Robert Fronek with the condition that the petitioner plant a
hedge on the east and south sides of the building, except where window glass exists, place two
trees on the east side (one tree between the awnings and one tree on the corner) and place two
Alexander Palms on the south side against the building, and remove the sidewalk to provide
more room for cars, leaving the sidewalk in front of the windows, as long as there are no
foundation problems, and all work be completed within 90 days (July 25, 2000).
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 McEiyea-yes
Item 10 Was Heard At This Time
MINUTES 10 APRIL 25, 2000
CITY OF DANIA BEACH
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 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.
9.1 John Vollmann explained that Artistic Concrete was installing a drive-way diagonally across
the street from his home. The company's truck was parked so that traffic on SE 3 Place was
forced to travel on his swale area leaving tire tracks on the bumpers and driven into the ground.
Pictures of the damage were presented to the City Commission. When Mr. Vollmann requested
that the company paint the tire tracks on the stones and put in sand to fill in the holes in his
yard, he was told that it was City property and that they were not responsible. He asked that the
City not issue any further permits to the company until they remedy the problem.
Vice-Mayor Bertino agreed that just because the damage was done to the swale area and it is
City property does not mean that people should be able to get away with destroying property.
He asked the city attorney if the matter can be pursued legally.
Attorney Ansbro advised that the matter could be pursued in court as a criminal or civil matter
based upon the evidence. Mr. Ansbro stressed the importance of having a witness to the
damage. Mr. Vollmann advised that he has pictures clearly showing that the company's truck
• forced traffic to go around onto the swale area. City Attorney Ansbro did not agree with holding
back permits from the company until he has had an opportunity to research the matter, but
agreed to call the company and request that they repair the damage. Mr. Vollmann agreed to
provide Attorney Ansbro with additional information.
Item 8.1 Was Heard After Item 9.1
10. COMMISSION COMMENTS
10.1 Commissioner Cali advised that Dania Beach Cruise Night is celebrating its 4th year at
the beach every second Saturday of the each month. He advised that non-profit vendors are
being offered free space in the flea market area during the months of May and June and that the
only restriction is that food or drink cannot be served. Anyone interested was encouraged to
contact Commissioner Cali.
10.2 Commissioner Etling reminded the public that school in back in session.
10.3 Commissioner Mikes asked City Attorney Ansbro to explain how he resolved the
dangerous situation with the U-Haul/911 store at SE 5th Avenue and Dania Beach Boulevard.
City Attorney Ansbro explained that he spoke with the attorney representing U-Haul, the tenant
of the property, and that they were advised that the property had accrued $25,000.00 in code
enforcement liens. The U-Haul attorney made an offer to remove the trucks and trailers within
48 hours if the City would abate the fine in full. City Attorney Ansbro told the attorney that the
abatement of the fine would be unlikely, however, he urged the attorney to encourage U-Haul to
comply with the code violations so that they could seek a recommendation for lien abatement
from the Code Enforcement Board for a final decision by the City Commission. City Attorney
MINUTES 11 APRIL 25, 2000
CITY OF DANIA BEACH
Ansbro was commended for his efforts to resolve a legal issue that has gone on for numerous
years.
10.4 Vice-Mayor Bertino mentioned his recent attendance at a Hurricane Conference in New
Orleans. He mentioned that over the next 18-20 years there should be an increase in hurricane
activity and that Florida is predicted to have five category 3-5 hurricanes in the upcoming
hurricane season. He stressed the importance of the public preparing for hurricane season and
mentioned that evacuation is not necessarily considered to be the best alternative since there
are so many people and so few roads. It is now suggested that people stay within their county
areas and evacuate the low lying areas and go further inland to higher ground.
10.5 Mayor McElyea complimented the College Gardens Neighborhood Association for
cleaning up the streets on SW 12th Avenue/Ely Boulevard.
Mayor McElyea asked Chief Anton, BSO, to explain the patrol schedules for the southwest,
Modello Park, and general areas of the City. Chief Anton explained that the City has.been
broken down into six zones; one deputy sheriff on each shift assigned to a zone. In addition,
there are detectives and NRT teams available. The NRT team deals with drug dealing and
crime issues and surveillance is provided by a countywide task force. Drug enforcement
remains consistent with an average of 48 arrests per month last year and this year its 51 arrests
per month. In addition, with the assistance from the COPS and Turn Around Dania Beach
organizations, additional crimes for liquor law violations, loitering, drug dealing on bicycles and
go-peds are also being targeted.
Chief Anton agreed to discuss staffing issues with City Manager Smith and Mayor McElyea and
mentioned that the City is still eligible to obtain additional police officers from the Federal
government through the Universal/COPS hiring program.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Discussion of waiving street renaming procedures and possible adoption of an
Ordinance on first reading renaming N.W. 8th Street to Argonaut Isle and 9th Street to Nautilus
Isle.
"AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT
THE PORTION OF N.W. 8T" STREET IN THE SUBDIVISION OF FLORIDIAN ISLES
(WHICH PORTION LIES WEST OF NW 14T" AVENUE) SHALL ALSO BE KNOWN AS
AND NAMED "ARGONAUT ISLE" AND FURTHER PROVIDING THAT THE PORTION
OF N.W. , 9T" STREET IN THE SUBDIVISION OF FLORIDIAN ISLES (WHICH
PORTION LIES WEST OF NW 14 AVENUE) SHALL ALSO BE KNOWN AS AND
NAMED "NAUTILUS ISLE"; PROVIDING FOR CONFLICTS; PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST
READING)
A motion was made by Commissioner Cali, seconded by Commissioner Etling, waiving the
street renaming procedures and 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
MINUTES 12 APRIL 25, 2000
CITY OF DANIA BEACH
(continued from 4/11/2000 regular meeting)
•11.2 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)
John Premo, President of L.E.S., clarified that they are not asking for a waiver of the fees, but,
rather, a deferment of the fees during the time it takes to rezone the property to commercial. He
explained that there is a contract for the purchase of land on Sheridan Street, south of the
L.E.S. apartments, with Don Bailey Carpets and that all fees owed to the City would be paid
upon the closing of the property.
Laurence Leeds, Growth Management Director, clarified that after the rezoning process is
finished there would be site plan review and possible variance fees due the City. Mr. Premo
stated that Don Bailey Carpets would be paying those fees.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, deferring the
rezoning fees for L.E.S. until the property is rezoned, sold and closed.
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
11.3 Discussion of City management. (Commissioner Mikes)
® Commissioner Mikes mentioned that he has worked under two city managers over the past 11-
12 years and that there is a need for the City to be more productive, to get things done on a
timely basis, and to take advantage of opportunities with the type of leadership that will make
the City a better place to live. Whether its dealing with issues relating to utilities, Public Works,
legal or litigation, it all goes through one person, the City Manager, and due to recent Charter
changes, the city manager has even more authority. The City, its employees, and its elected
officials can only be as good and effective as the one person that they work through, which is
the city manager. Commissioner Mikes mentioned that previous City Manager Bob Flatley
worked very hard on annexation and communication with the community and that he would hear
many compliments about Mr. Flatley when he attended county meetings. He explained that City
Manager Smith was given the opportunity five years ago because the City Commission could
not make a decision on one of the other candidates at that time. He stated that Mr. Smith was
given the job without any previous city manager experience or experience supervising a number
of employees. Commissioner Mikes explained that City Manager Smith has been asked to
provide a review of his performance under a professional method used by the ICMA and that
nothing has been brought before the City Commission.
Commissioner Mikes explained that the city manager position controls the effectiveness of the
City Commission and City business. It was Commissioner Mikes' opinion that some of the
litigation that the City has been involved in over the past few years could have been avoided if
the City had a city manager who was more able to respond to the issues and more in control of
the situation. The city manager position requires negotiation skills and depending upon this
person's effectiveness in negotiating, the City can win or lose in any particular business,
community or legal situation. Commissioner Mikes mentioned that he was not advised of the
IGFA law suit by the City Manager until three days before the issue was being voted upon and
MINUTES 13 APRIL 25, 2000
CITY OF DANIA BEACH
he did not believe that City Manager Smith was concerned about community impacts when the
DRI was being approved for the airport expansion. Commissioner Mikes was concerned that
City Manager Smith does not possess sensitivity to community issues or the ability to be
proactive when problems arise in the City. He mentioned a recent problem with
telecommunication companies installing fiber optic lines in public right-of-ways and how the City
of Hollywood negotiated a franchise agreement back in April 1999 that provided revenues
covering the impact on easements and how the city manager should have been aware of the
situation and provided the same type of agreement for Dania Beach. He stressed his frustration
with having to ask three or four times before anything gets completed and how the public needs
to realize that since the Charter changed everything goes through the City Manager. It was his
opinion that the City may have saved $10,000 to $20,000 by not hiring an experienced city
manager, but was concerned that the City may have lost millions in the long run because of the
complexity of a city manager's job and it being one of the most difficult jobs in the world.
Commissioner Mikes pointed out that Dania Beach is not a bedroom community and that the
City has a very diverse group of interests, demographics, uses, and land uses of a major urban
city and that there are very few people who can handle the issues facing this type of community.
He asked that the City Commission provide their input and suggested consideration of paying a
higher salary in order to get an experienced and qualified professional so that the City can
progress.
Vice-Mayor Bertino agreed with Commissioner Mikes' comments. He mentioned that the city
manager job is a very difficult job and that it was a very heated situation when City Manager
Smith was hired and that he believes that Mike Smith has tried to do a good job in the interim.
Vice-Mayor Bertino mentioned that based upon the geographical location and diverse issues
impacting the City of Dania Beach, the City needs the experience of a person able to deal with
problems that are of a magnitude of a very large City. He mentioned that time and time again,
the City Commission is not informed of issues even though it's the City Commission who makes
the final decisions. When employees aren't doing their jobs, the City Commission's only choice
is to fire the City Manager. He felt that the City Manager should keep the City Commission
informed and that there have been past issues relating to a beach parking agreement, health
insurance, the moving of the BCC building at Tigertail Lake, and the IGFA lawsuit where the
City Commission was not informed. Vice-Mayor Bertino felt that the City is at a point where it
needs a very high powered professional for the job of city manager and that this has to be
addressed.
City Manager Smith was sorry that Vice-Mayor Bertino and Commissioner Mikes were not
pleased with his management of the City. City Manager Smith provided the following responses
to the comments presented:
Missed opportunities: The City has obtained in excess of$2.3 million dollars in grants.
Economic development: The City has seen more growth and development over the past five
years than in the past 20 years. City Manager Smith felt that this was a tremendous
achievement and that it is directly related to his partnership developed with the City Commission
towards creating a positive business environment in the City and also working to change the
image of the City in the County.
City Manager Smith felt that the City is definitely a better place to live. There have been
advances made in the law enforcement area with team work between code enforcement and
fire inspections, the hiring of a DUI deputy and additional police officers under the Universal
is COPS program, the BSO corrections team, coordination of the Occupational License Bureau
MINUTES 14 APRIL 25, 2000
CITY OF DANIA BEACH
and the Community policing staff, as well as, a number of ordinances that have been enacted to
improve appearance of the City. In addition, partnerships with organizations like Turn Around
Dania Beach and COPS Program have reduced crime by 35% over the last two years.
Fire Department: Fire Station #1 has been renovated and 95% of the personnel hired over the
past two years are dual-certified. Annual Fire Inspections have been increased and revenues
are currently $630,000.00 a year. All fire engines have been upgraded to Advanced Life
Support status and rescue vehicles have been added. The department has established controls
on how to manage protocols, established an Emergency Preparedness Plan (natural and man-
made disasters) and entered into purchasing cooperatives with other governmental agencies to
reduce operating costs by 40%.
Infrastructure: City Manager Smith advised of the flooding problems in the southeast section
when he became city manager that do not exist today through a significant initiative to improve
the storm water management program in the City. He explained that most of the old 2" water
lines have been upgraded to 6" PVC lines which have improved the quality of water, water
pressure, and also reduced leakage.
Sewer: An I&I program has been initiated and sewer costs have been lowered.
City Manager Smith advised that improvements have been made to every facility that the City
owns, all parks and grounds, City Hall, and that the Nyberg/Swanson House has been
completely renovated. Every street at the end of this year will have been paved. The City
vehicle fleet has been improved. The City negotiated an agreement with FAU to replace the old
SeaFair facility into a renowned SeaTech ocean engineering facility that has put Dania Beach
• on the map as a premier research and development center. The City has developed a close
relationship with FAU and the Joint Center to address planning and economic development
issues. Over the past five years, Dania Beach has been renovated to become one of the nicest
beaches in Broward County and has recently received the Blue Wave award, which is a national
recognition. Dania Beach was one of only four beaches in Broward County and the State of
Florida to receive the Blue Wave award. There has also been significant improvements made
to the lighting at the pier.
Code Enforcement: The City has substantially increased code enforcement activity. Between
the period 1985 to 1995, there were 12 demolitions. In the period 1995 to present, there have
been 45 demolitions of unsafe structures in the City. The Code Team concept has helped to
solve a lot of the code problems; there were 2000 code violations in 1998 and 2500 in 1999 and
this does not include code issues taken over by the Public Works Department due to
reorganization of those functions.
Computers: A new computer system has been implemented to make the City run more
efficiently and effectively.
Insurance: The City has initiated programs that have saved the City money through self-
insurance and cost containment programs. With the management of health care dollars, the
City has significantly lowered and kept premiums stable and the same thing has been
accomplished for liability and workers compensation programs.
Annexation: City Manager Smith mentioned that he has been working very hard on the City's
annexation program and that the Florida Legislature recently approved the City's annexation bill.
He mentioned his attendance at several community meetings in the proposed annexation areas
MINUTES 15 APRIL 25, 2000
CITY OF DANIA BEACH
and his efforts to show a very positive image of the City. He expected the City to be in a very•
credible position for all four areas in the November referendum.
Litigation: City Manager Smith stated that he is not responsible for the feud between the Arlon
Kennedy, Ice Cube Organization, and the Dr. Herman Wrice Organization. He stated that it was
Commissioner Mikes who had a hand in instigating the argument. He mentioned that the John
Bruckner lawsuit is not his fault since the public speaking policy was established long before he
was City Manager.
In regards to the DRI issue, City Manager Smith explained that Commissioner Mikes was
Mayor, at the time, and that Attorney Earl Gallop was the City's special counsel, and that it was
decided, in advance, that the subject area would be divided into three areas since there would
be a limited time to speak with the County Commission. It was agreed that Mayor Mikes would
handle the neighborhood issues, Attorney Gallop would cover the legal issues, and that he
would handle economic development issues. City Manager Smith disagreed with
Commissioner Mikes' comments that he doesn't care about neighborhoods and pointed out that
there has been an increase in staff attending neighborhood meetings. City Manager Smith
advised that he has a very close relationship with neighborhood organizations, business
organizations, and that he is a strong supporter of the Chamber of Commerce and a member of
the Board of Directors for the Marina Mile Organization and steering committee for the Marine
Industries of South Florida.
City Manager Smith mentioned the numerous planning efforts that have taken place in
cooperation with the South Florida Regional Planning Counsel and that the City has hired
experts for the land use visioning process. This also included a year long visioning process at
the neighborhood level and an all day session with a number of people at City Hall. Also, a
visioning plan for the Dania Cut-off canal was conducted with the South Florida Regional
Planning.
In summary, City Manager Smith stated that the City has taken initiatives on a number of issues
over the past few years and that the City is in a better position than it was when he took office in
1995. He also felt that he has accomplished a great deal more in a shorter period of time than
previous City Manager Flatley.
City Attorney Ansbro mentioned that the IGFA law suit and the telecommunications issues were
more the responsibility of the law firm and not City Manager Smith's fault. He mentioned City
Manager Smith's efforts to bring good development into the City and his efforts to hire credible
people. He felt that City Manager Smith has worked very hard on the Pier Restaurant and that
the City has three very good offers to choose from for that project. When Harbour Towne
wanted to extend its lease with the City, City Manager Smith would not just allow an extension.
City Attorney Ansbro urged the City Commission to retain Mike Smith as City Manager.
Commissioner Etling was displeased with the comments made in favor of former City Manager
Flatley when it was known that he never made decisions because he feared being berated. He
pointed out that the Charter change was approved by the citizens of the City because the City
Commission tried to micro-manage the City for so many years and this is why there has been so
much progress made over the past five years. In response to some earlier comments, he
clarified that the Blue Wave award is not only a national, but an International award as well. The
City Commission hired Terry Virta as the department head for the Growth Management
is Laurence
and his.employment has not turned out very well. City Manager Smith has hired
Laurence Leeds as Growth Management Director who is now trying to straighten out many
MINUTES 16 APRIL 25, 2000
CITY OF DANIA BEACH
• problems. The litigation with John Bruckner relates to a policy that was established by the
micro-managing City Commission in the past and another law suit relates to the City
Commission's failure to understand one of its ordinances. Commissioner Etling stated that it is
the City Commission's job to set policy and legislate and that some commissioners do not like
the changes that have been made in the Charter.
Commissioner Etling recommended that a contract be drafted so that the City Manager can be
held accountable and the City Commission can have recourse instead of just expecting a
performance evaluation.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to draft a
contract for the City Manager's position for City Commission review.
A substitute motion was submitted by Commissioner Mikes to terminate the City Manager's
employment prior to voting on a contract for the position. The motion was seconded by Vice-
Mayor Bertino.
DISCUSSION:
Commissioner Cali mentioned that a city manager job is a hard position because he has had
first-hand experience since he was one of three Assistant City Manager's under City Manager's
Connie Hoffman and George Hanberry at the City of Fort Lauderdale. He commented on the
many issues that he addressed during his nine years of experience at Fort Lauderdale and he
felt that Dania Beach is suffering from the pain of redevelopment. The City is the only eastern
City with redevelopment opportunities, raw land to be developed for the first time, and a focus of
business that is being driven here by the airport and seaport expansion. The City has
waterways, neighborhoods, affordable housing stock, and many things to offer. The City
Manager's list of accomplishments were quite impressive and some of things that were stated
by Commissioner Mikes, Vice-Mayor Bertino and Commissioner Etling were also true. The City
cannot be run by a part-time City Commission and a full-time administrator is needed.
Unfortunately, City Manager Smith has had to deal with vacant positions in three key areas:
Growth Management, Parks & Recreation, and to some degree a Fire Chief. Commissioner
Cali recommended that a contract be prepared before any action is taken to retain or fire the
City Manager. He recommended that the contract include a clear set of expectations and a
work plan that would outline that the City Manager is under five Supervisors: Mayor, Vice-
Mayor, and three City Commissioners. Since everyone has a different idea of what is expected
of the City Manager, the City Commission should come to an agreement on what the
expectations are for the position and the community should have input through the City
Commission so that a work plan can be crafted for a year or 18 months. From time to time, the
expectations may need to be adjusted. Once a contract is established, a budget can be
developed and a work plan for department heads so that all employees will know the goals and
policies of the City Commission. Commissioner Cali was not prepared to take action to
terminate the City Manager, however, he expressed his commitment to work with the City
Commission on a forward looking statement of goals and objectives that could be weaved into a
work plan that all parties could agree upon so that 100% of the City's resources are going in the
right direction.
Vice-Mayor Bertino mentioned that there is a difference between micro-managing and getting
involved in the day to day operations of the government and another thing with setting down
policies and procedures and the government operating in a manner set down by the elected
officials. The job of the City workers is to serve the public. When City Commissioners receive
phone calls that employees are being rude and that they are not treating the public correctly, he
MINUTES 17 APRIL 25, 2000
CITY OF DAMIA BEACH
pointed out that it is not micro-management for an elected official to take action to resolve these
types of matters. In regards to the Growth Management Director that was hired by the City
Commission, Vice-Mayor Bertino mentioned that he complained to the City Manager on many
occasions to resolve the problem and that it took a long time before the employee resigned.
Vice-Mayor Bertino clarified that Mr. Leeds was also hired by the City Commission many years
ago as he has worked for the City before and that he did an excellent job then and he will do an
excellent job now. In response to some of the previous comments presented, Vice-Mayor
Bertino clarified that the City Commission changed to BSO and that the Chief makes the
decisions about the police work in the City. The City's crime rate is down because of BSO, not
because of City Manager Smith. The Fire Department is a very efficient department and has
been forward looking for many years and renovation of the fire station should have been done
years ago. The City Commission hired Bud Palm, Utilities./Public Works Director, and he has
done an excellent job for the City and it was commissioners who pushed hard to resolve the
drainage problems in the southeast area.
Vice-Mayor Bertino mentioned that the City of Dania Beach's time for development is now and
geographical redevelopment started with previous City Manager Flatley. He mentioned that City
Manager Flatley was directly responsible for bringing Bass Pro into the City and that
development is a result of the expansion of the airport. The City needs a person with
tremendous experience and leadership to handle the upcoming development and if the City
does not make a change, the City will grow anyway, but no one will know how many missed
opportunities or propositions that may be lost. Vice-Mayor Bertino mentioned that contracts
may sound good but he has been told that the average Administrator is fired every five years.
So the City has to be careful about paying 2 to 3 years out on a contract. Vice-Mayor Bertino
mentioned that he has no personal problems with Mike Smith, however, he felt that the City
• needs the type of leadership now with ability to take optimum advantage of the opportunities
that are going to come along because of the City's timing and geographical location for
development is now.
Commissioner Mikes clarified that any time the City Commission chose a department head over
the past number of years, the decision was based upon the recommendation of the City
Manager and he could not think of anytime that the City Commission did not accept the City
Manager's decision. The City Manager has always had a selection committee and the Charter
change did not make any significant change to the selection of department heads. In regards to
taxes, Commissioner Mikes mentioned that the City has been using revenues from two
exceptional deals, the Airport Interlocal Agreement and the Sea Tech Agreement with FAU, to
balance extra spending. Commissioner Mikes mentioned that costs for the City Attorney has
exceeded $500,000.00 this past year without any major litigation and that it is the City
Manager's job to monitor these types of costs. Commissioner Mikes presented his lack of
confidence in City Manager Smith's actions in regards to the prison release facility that exists in
the downtown area, Hollywood's desire to expand SE 51h Avenue, the Frost House purchase
contract, and drug problems in the western portion of the City.
Commissioner Etling mentioned that there have been many contradictory statements made
tonight and that this is becoming a personal issue between City Commissioners. The issue
here is about the performance of the City Manager. He stated that the Charter provides for the
City Commission to establish policy and to legislate ordinances and for the City Manager to
manage the City. He urged the City Commission to provide a contract as a way to properly
supervise the City Manager's performance.
MINUTES 18 APRIL 25, 2000
CITY OF DANIA BEACH
• Mayor McElyea mentioned that it has been pleasurable working with City Manager Smith and
employees over this past year. It was his opinion that City Manager Smith tries to do anything
that is asked of him. The City has obtained several grants under City Manager Smith and it is
hard to replace employees. He supported City Manager Smith and pointed out that it is
sometimes better to keep an employee instead of hiring another person who could turn out to be
worse.
The substitute motion terminating the City Manager failed on the following 2/3 roll call vote:
Commissioner Cali —no Commissioner Etling-no
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-no
City Attorney Ansbro pointed out that Section 3, Part III, Article III, of the City Charter provides
the City Commission the opportunity to contract for a City Manager and that a contract could not
extend past the next general election in 2001. Secondly, a public hearing would have to be
advertised and published once five days prior to the hearing before the City Commission could
execute a contract.
The motion to bring back a draft contract passed on the following 3/2 roll call vote:
Commissioner Cali -yes Commissioner Etling-yes
Commissioner Mikes —no Vice-Mayor Bertino —no
Mayor McElyea-yes
Mayor McElyea made a motion to give City Manager Smith a one-year contract with a one-year
option. The motion was seconded by Commissioner Cali. City Attorney Ansbro advised the
City Commission that they cannot vote on the matter until a public hearing is advertised. The
motion was withdrawn.
12. APPOINTMENTS (see item 12.6)
12.1 Appointment of 4 members to the Airport Advisory Board.
12.2 Appointment of 2 members to Human Relations Board.
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.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT
OF ONE (1) MEMBER TO THE DANIA HOUSING AUTHORITY; PROVIDING THAT SAID MEMBER SHALL
COMPLETE A FOUR-YEAR TERM EXPIRING NOVEMBER 1, 2001; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR EFFECTIVE DATE."
Mayor McElyea appointed Glenda Clark to The Dania Housing Authority.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting a
resolution approving the appointment of Glenda Clark to The Dania Housing Authority.
The motion passed on the following 5/0 roll call vote:
MINUTES 19 APRIL 25, 2000
CITY OF DANIA BEACH
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
12.7 Appointment by Commission of one (1) citizen member and one (1) Alternate for citizen
member to the Civil Service Board.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, adopting a
resolution appointing Kurt Ely to the Commission appointed position on the Civil Service Board.
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
13. ADMINISTRATIVE REPORTS
13.1 City Manager -
5/1/2000— 7:00 p.m. -Special Meeting for Pier Restaurant proposals
5/16/2000- 7:00 p.m. -Workshop Meeting for Goal Setting
City Manager Smith advised that he has been asked by the Marine Industries Association of
South Florida to serve on the Steering Committee for the marine master plan. He mentioned
that he would be adding the issue to an upcoming agenda in order to obtain input from the City
Commission on what they want to see happen for the marine industry in Dania Beach.
4/28/2000-8:30 a.m.-Arbor Day celebration at Dania Elementary.
4/27/2000- 5:30 p.m. - Business Expo sponsored with the Dania Beach Chamber of Commerce.
Annexation Update-none
City Manager Smith expressed his appreciation for the vote of confidence from the City
Commission.
13.2 City Attorney Ansbro requested that Attorney Client/Sessions be held prior to the City
Commission Meeting on 5/9/2000 for the Ulbrich case at 7:00 p.m. and JJ Kelly case at 7:15
p.m.
14. ADJOURNMENT
Mayor McElyea adjourned this meeting at 11:30 p.m.
MAYOR-COMM IONER
� C
ACTING dfTY CLERK/
Respectfully submitted by
Charlene Johnson
Deputy City Clerk
M 5-as-aem
MINUTES 20 APRIL 25, 2000
CITY OF DANIA BEACH