HomeMy WebLinkAbout2000-05-09 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
MAY 9, 2000
7:30 p.m.
1. Mayor McElyea called the meeting to order at 7:30 p.m. only to adjourn for two
special attorney/client sessions. The meeting reconvened at 8:45 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Father Anthony Thomasulo, Church of Resurrection.
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
4. PRESENTATIONS (None)
5. PROCLAMATIONS
5.1 A proclamation declaring May 18, 2000 "Elder Raymond West Day" in the
City of Dania Beach.
5.2 A proclamation declaring May 14-20, 2000 "National Preservation Week
2000" in the City of Dania Beach.
5.3 A proclamation Declaring May 21-27, 2000 "National Public Works Week" in
the City of Dania Beach.
5.4 A proclamation declaring June 4, 2000 "Stand for Children Day" in the City
of Dania Beach.
5.5 A proclamation declaring May 22, 2000 "Maritime Day" in the City of Dania
Beach.
5.6 A proclamation declaring May 27, 2000 "Poppy Day" in the City of Dania
Beach.
City Manager Smith read the above proclamations in their entirety.
MINUTES — CITY OF DANIA BEACH 1 MAY 9, 2000
ITEMS 6.1, 6.4, 6.6 and 6.7 WERE PULLED FROM THE CONSENT AGENDA
6. CONSENT AGENDA (including expenditures)
Resolutions:
6.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE CONSULTANT SERVICES FROM THE
CENTER FOR URBAN REDEVELOPMENT AND EMPOWERMENT RELATING
TO THE IMPLEMENTATION OF AN ECONOMIC FEASIBILITY STUDY;
PROVIDING THAT SAID SERVICES SHALL NOT EXCEED TWENTY THOUSAND
DOLLARS ($20,000.00); PROVIDING THAT FIFTY-PERCENT OF THE COST OF
SERVICES SHALL BE PAID FROM A COMMUNITY INVESTMENT GRANT
AWARDED TO THE CITY FROM THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS
WATER FUND BUDGET FOR FISCAL YEAR, 1999-2000, FROM $2,165,862 TO
$2,265,862 BY INCREASING THE APPROPRIATION FOR PRIOR YEAR'S
SURPLUS AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE
6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE ONE FORD RANGER CAB PICK-UP
TRUCKS IN THE AMOUNT OF $17,241.00 FROM DUVAL FORD, UNDER
FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES
BID NO. 99-07-0913, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE
REVITALIZATION OF FEDERAL HIGHWAY UNDER THE TRANSPORTATION
EQUITY ACT FOR THE 21ST CENTURY (TEA-21) GRANT FOR THE FISCAL
YEAR 2000/2001; AUTHORIZING THE CITY MANAGER TO APPLY FOR A
GRANT AMOUNT OF $500,000.00; PROVIDING FOR THE AUTHORIZATION
AND EXECUTION OF ALL GRANT RELATED DOCUMENTS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE CIVIL SERVICE
BOARD AS A RESULT OF THE EMPLOYEE ELECTION HELD MAY 5, 2000;
PROVIDING THAT SAID MEMBERS SHALL COMPLETE AND SERVE FOUR-
YEAR TERMS IN THEIR RESPECTIVE POSITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE
GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, UNDER THE
BUREAU OF JUSTICE ASSISTANCE'S (BJA) LOCAL LAW ENFORCEMENT
BLOCK GRANTS (LLEBG) PROGRAM IN THE AMOUNT OF $64,434.00 FOR
• FISCAL YEAR OCTOBER 1, 1999 THROUGH OCTOBER 1, 2001; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES - CITY OF DANIA BEACH 2 MAY 9, 2000
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino,
approving the Consent Agenda with the exception of Items 6.1, 6.4, 6.6 and 6.7.
The motion passed on the following roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes — yes
ITEMS PULLED FROM THE CONSENT AGENDA:
6.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE ENGINEERING CONSULTANT SERVICES
FROM ENVIRONMENTAL DEVELOPMENT CONSULTANTS (EDC), RELATING
TO THE ENGINEERING, DESIGN, AND PROJECT SUPERVISION OF THE
GRIFFIN MARINE PARK PROJECT; PROVIDING THAT SAID SERVICES SHALL
NOT EXCEED FORTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($46,500.00)
AND SHALL BE FUNDED ONE HUNDRED PERCENT FROM A GRANT
AWARDED TO THE CITY FROM THE FLORIDA INLAND NAVIGATION DISTRICT
(FIND); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro explained that a statute known as the "Consultant's
Competitive Negotiations Act" required a competitive negotiations process before a
contract could be awarded for consulting contracts over $25,000. He
recommended that this item be deferred until after the competitive selection
process was completed.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
defer the item until the competitive selection process could be completed.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino —yes
Commissioner Etling — yes Mayor McElyea —yes
Commissioner Mikes — yes
6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS
GENERAL FUND BUDGET FOR FISCAL YEAR, 1999-2000, FROM 19,828,273
TO 20,102,878 BY INCREASING THE APPROPRIATION FOR PRIOR YEAR'S
SURPLUS AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes was concerned that expenditures had increased by
$2,000,000 over the past two years and was hoping that some of the expenses
could wait until the regular budget review. He requested that a workshop be held
in order to discuss where the City stood, financially, at this time.
• City Manager Smith explained that the purpose of the increase was for grant
matches, the addition of another Code Enforcement Officer, and a vehicle for that
MINUTES — CITY OF DANIA BEACH 3 MAY 9, 2000
officer. He also explained that some 1980 and 1982 vehicles needed to be
replaced.
Vice-Mayor Bertino felt that the City should become more adept at juggling the
budget because it was his desire to decrease the tax rate next year. He felt that
the City should find some innovative ways of moving staff and funds around.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve Item 6.4. The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes — yes
6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT BY AND
BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. JENNE, II, SHERIFF
OF BROWARD COUNTY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes asked staff for an explanation on this item.
City Manager Smith explained that the agreement incorporated some of the
changes that were made in staffing such as the addition of a motorcycle deputy,
which is partially offset by the Universal Cops grant, and the addition of an
Administrative Specialist for enacting the nuisance abatement ordinance, vehicle
impoundment ordinance and the alarm ordinance. He explained that these
• expenditures were previously approved in the budget.
Commissioner Mikes passed out copies of a bar chart from the City's last Financial
Report, which indicated where the expenditures and increases had been going for
the past five year. He was concerned that the City was decreasing expenditures in
areas of recreation, streets & highways and physical environment, and increasing
expenditures in the area of public safety. He suggested that a public safety audit
be conducted by an outside expert to review the City's operation to determine if
there were any areas where the City could become more efficient, more effective
and more productive.
Commissioner Cali explained that some of the additions to the staffing in the
Sheriff's Office were funded through grants and other additional positions were a
direct reaction from citizens.
Chief Anton explained that the increases were a direct result of the NRT team,
which included the addition of four deputies and one sergeant who directly target
crime trends within the City. The other increase, partially funded by a grant, was
for a motorcycle deputy position, which has not been filled yet. He reported that
BSO takes advantage of every available grant. He also reported that crime had
decreased 35.3 percent over the last two years. He stated that the Sheriffs Office
continues to work as efficiently as they can but he would not oppose an audit.
•
MINUTES —CITY OF DANIA BEACH 4 MAY 9, 2000
Commissioner Cali felt that the increased investment in the Broward Sheriff's
Office the City has made over the last few years could be quantified by the
reduction in the crime rate.
Mayor McElyea requested that City Manager Smith and Chief Anton obtain copies
of BSO contracts with other municipalities for distribution to the City Commission.
A motion was made by Commissioner Cali, seconded by Commissioner Etling
approving Item 6.6.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea —yes
Commissioner Mikes — no
6.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
INTERIM LICENSE AGREEMENT BETWEEN CONCERT GLOBAL NETWORKS
USA, L.L.C. AND THE CITY FOR THE INSTALLATION AND MAINTENANCE OF
UNDERGROUND COMMUNICATION CONDUITS AND CABLE FACILITIES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Commissioner Mikes advised that he received several complaints from residents
about the easements and roads being torn up throughout the City due to the
. installation of fiber optic lines. He reported that the City of Hollywood had
executed a franchise agreement covering costs for street repaving, utility repairs
and fees. He felt that copies of the Hollywood agreement should have been made
available to the other Commissioners in order to compare it with the agreement
drawn up for the City of Dania Beach.
Attorney Michael Tamaro, Carlton & Fields, representing AT&T Corp. and Concert
Global Networks USA, a joint venture between various telecom services and
AT&T, explained that the statute that applies to the installations of the fiber optic
lines was staged to be changed three times over the next eighteen months.
Attorney Tamaro assured the City Commission that AT&T had agreed to pay the
City for any fees that were due from the time the installations began, which had
been between 90 to 120 days. Mr. Tamaro explained that an interim agreement
was executed with the City of Hollywood that called for a payment of $0.50 per
foot, per conduit, per quarter of a year. Mr. Tamaro advised that the statute allows
municipalities to require permits, apply rules and regulations for the use of right-of-
ways, and promulgate fees through a fee ordinance. Mr. Tamaro advised of his
intention to work with City Attorney Ansbro on an ordinance establishing the fees
so that there would be something in place until October 1, 2001, when the state
would take over the assessment fees. Mr. Tamaro advised that the proposed bill
was very complicated and consisted of 138 pages.
Attorney Tamaro explained that the City of Hollywood completed its ordinance,
which required a fee of $0.47 per foot, per year, which was a substantial savings
from the per quarter a year fee. The County had also done a more accurate study
MINUTES — CITY OF DANIA BEACH 5 MAY 9, 2000
and prices range from $0.16 per foot based upon county-wide appraisals to $1.00
per foot in downtown Fort Lauderdale. Attorney Tamaro agreed to work out a
reasonable agreement for the City and assured the City Commission that any
restoration of rights-of-ways would be restored to the City's specifications and
would include replacement of trees, shrubs rand address any citizens' concerns.
He explained that in 2001 any funds collected by the City at this time would be
collected by the state and then transmitted back to the City.
Vice-Mayor Bertino requested that Attorney Ansbro use $0.25 to $0.50 as the
parameter for negotiating the precise amount to be charged per linear foot when
creating the fee ordinance.
A motion was made by Commissioner Etling, seconded by Commissioner Cali
approving the draft agreement with the understanding that the final agreement
would be brought back to the City Commission for approval.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea —yes
Commissioner Mikes — yes
Staff was directed to provide copies of the Hollywood agreement to all City
Commissioners.
ITEM 11.1 WAS HEARD AFTER ITEM 6.7
7. BIDS AND REQUESTS FOR PROPOSALS: NONE
PUBLIC HEARINGS WERE HEARD AFTER ITEM 11.2
8. PUBLIC HEARINGS
8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT
THE PORTION OF NW 8TH STREET IN THE SUBDIVISION OF FLORIAN ISLES
(WHICH PORTION LIES WEST OF NW 14TH AVENUE) SHALL ALSO BE
KNOWN AS AND NAMED "ARGONAUT ISLE" AND FURTHER PROVIDING THAT
THE PORTION OF NW 9TH STREET IN THE SUBDIVISION OF FLORIAN 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."
(SECOND READING)
City Attorney Ansbro read the title of the ordinance.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition, the public hearing was closed.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes to
adopt the ordinance on second reading.
•
MINUTES —CITY OF DANIA BEACH 6 MAY 9, 2000
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes — yes
8.2 LUF-108-99 — Request by Shelly Eichner of Calvin, Giordano and
Associates, representing The Shamrock of Broward, LTD., as petitioner for a
small scale land use amendment for a 2.6091 acre parcel located
approximately one block east of SE 5th Avenue from Commercial to
Residential Medium High 25, utilizing 65 flexibility units from Flex Zone 84.
The petitioner is proposing to construct a 65-unit upscale condominium
apartment complex of 4 or 5 stories.
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 SE 5TH 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.
(SECOND READING)
• City Attorney Ansbro read the title of the ordinance.
Laurence Leeds, Growth Management Director, indicated that the maximum
number of units permitted by the City Commission on first reading was modified to
58 flex units. Mr. Leeds further indicated that the limitation on flex units should
only be reflected in the ordinance amending the Land Use Plan and not the
rezoning ordinance. Mr. Leeds requested that the applicant confirm the issues
relating to additional buffering and supplying recorded condominium documents.
Mr. Leeds stated that City Attorney Ansbro mentioned, on first reading, that there
was a prohibition about restricting the number of times per year that a
condominium could be rented or the term length of the rental unit. City Attorney
Ansbro advised that the condominium association could include those
requirements but the City could not make this a condition of approval.
Shelly Eichner, Calvin, Giordano and Associates, representing The Shamrock of
Broward, LTD., stated, for the record, that the applicant would provide copies of
the recorded condominium documents prior to issuance of a Certificate of
Occupancy and would double the buffering requirements along the west property
line by planting trees every 15' as opposed to the required 30'. Ms. Eichner
requested approval.
Vice-Mayor Bertino asked if the applicant would agree to limit rentals to one time
per year.
MINUTES — CITY OF DANIA BEACH 7 MAY 9, 2000
Carlos Chumas, President of Shamrock of Broward, LLC, explained that
condominiums have one owner for each unit and each owner had the right to rent
their unit or live in their unit, therefore, he could not agree to change the
condominium documents to limit rentals.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes,
adopting the ordinance on second reading for 58 flex units and subject to the
applicant providing double buffering of one tree planted every 15' as opposed to
the required one tree every 30', and providing a copy of the recorded condominium
documents prior to issuance of the Certificate of Occupancy.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — no
Commissioner Etling — yes Mayor McElyea —yes
Commissioner Mikes — yes
8.3 RZ-109-99 — Request by Shelly Eichner of Calvin Giordano and Associates,
representing The Shamrock of Broward, LTD., to rezone an approximately
2.6091 acre parcel located east of SE 5th Avenue from Commercial to the
proposed R-M(3) zoning district. Legal Description: Parcel A of the Richart
Plat, Plat Book 150, Page 25.
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
SECOND READING)
City Attorney Ansbro read the title of the ordinance.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Cali, seconded by Commissioner Etling,
adopting the ordinance on second reading.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — no
Commissioner Etling —yes Mayor McElyea — yes
Commissioner Mikes —yes
MINUTES — CITY OF DANIA BEACH 8 MAY 9, 2000
8.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ZONING APPEAL REQUEST SUBMITTED BY LILY GLARENTZOS
REPRESENTING JOHN'S AMOCO PROPERTY LOCATED AT 1554 SOUTH
FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Growth Management Director Laurence Leeds supported the applicant's appeal
based on ambiguity in the language of the Code. He reminded the Commission
that the operation would be totally inside the service station, and as long as there
was no seating inside, it would not affect the parking requirement or the site plan.
Mr. Leeds recommended approval of the appeal subject to the deletion of the
sliding window to eliminate outside food service.
The applicant agreed to replace the sliding window with a fixed window.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or in
opposition, the public hearing was closed.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino,
adopting the resolution with the stipulation that the sliding window be replaced with
a fixed window.
The motion passed on the following roll call vote:
Commissioner Cali — yes Vice-Mayor Bertino — yes
Commissioner Etling —yes Mayor McElyea —yes
Commissioner Mikes — no
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
(2nd) 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.
10. COMMISSION COMMENTS
10.1 Commissioner Cali reminded the audience about Dania Beach Cruise Night
on Saturday. He advised that he did not need copies of newspaper articles,
relevant to Dania Beach, that staff was providing.
10.2 Commissioner Etling also advised that he did not need copies of newspaper
articles.
® 10.3 Commissioner Mikes felt that the newspaper articles relevant to our City
should be copied and filed and he would still like copies. He also requested
copies of each BSO contract with other municipalities.
MINUTES — CITY OF DANIA BEACH 9 MAY 9, 2000
10.4 Vice-Mayor Bertino stated that he would also like copies of newspaper
articles relevant to Dania Beach.
He requested that the code board attorney review the code board
procedures to make sure that they are iron clad with no misunderstandings.
He was particularly concerned with procedures for proper notification since
it appeared to be a problem for the City and suggested the possibility of
using a process server.
He mentioned that the Chamber of Commerce and Main Street were
moving into the Nyberg/Swanson House and he questioned City Manager
Smith on whether there was a plan established for the locations of offices
and the antique area. City Manager Smith advised that the front office on
the left would be used for Main Street, the back bedroom would be used for
the Chamber of Commerce office, and the entryway would be a reception
area with a conference table in the back. The fireplace room would,
hopefully, be used as a designer room for the Antique Association and
DCOTA for a changeable period room. The upstairs would house the BSO
Community Policing Office and business services.
Vice-Mayor Bertino was concerned that developers did not have a choice of
consultants for cost recovery services. He was under the impression that a
list of consultants would be provided for developers who pay the City for
cost recovery. Laurence Leeds, Growth Management Director, agreed to
look into Vice-Mayor Bertino's concern.
Vice-Mayor Bertino mentioned that he read an article in the newspaper
about someone desiring to buy Pembroke Park's city hall for a large sum of
money and turn it into a high-tech building and that the company was also
considering Dania Beach. He was concerned that Dania Beach had not
been contacted and advised that the city manager was looking into the
matter. He suggested that the City consider establishing a joint committee
with the Downtown Economic Committee and the Chamber of Commerce to
draw business into the City. City Manager Smith explained that there were
concerns with board members, who are not professionals in economic
development, working with the business community and confusing issues.
He-mentioned that staff works closely with the Broward Alliance, which
serves as a front for businesses that want to work with municipalities, and
that the business mentioned in the newspaper article may be working
outside the Broward Alliance.
Vice-Mayor Bertino mentioned that there could be quite a bit of industrial
properties that would be included in those properties being auctioned off by
the County since they would not be used for airport use and that the City
must be careful about bringing the right type of industry into the City. City
Manager Smith mentioned that the economic feasibility study being
conducted by FAU should be helpful in this regard. Vice-Mayor Bertino
. mentioned that some of the newly lighted streets signs on Federal Highway
were not correct. City Manager Smith agreed to check with FDOT about the
problem.
MINUTES — CITY OF DANIA BEACH 10 MAY 9, 2000
10.5 Mayor McElyea reminded the audience about the Turn-Around-Dania Beach
drug march on Thursday night. He requested that the trash pile along the
railroad tracks south of Stirling Road be removed. He also requested that
something be done about the trashy looking fence at 1-95 on the west side
of Stirling Road and the damaged fence at SW 4 Avenue and Dixie
Highway. He would also like copies of newspaper articles relevant to Dania
Beach.
11. DISCUSSION AND POSSIBLE ACTION
ITEM 11.1 WAS HEARD AFTER ITEM 6.7
11.1 Discussion of streetlight project on Southeast 3rd Terrace.
Gilbert Thomas, 333 SE 3 Terrace, expressed concern about the installation
of high intensity sodium vapor streetlights. He felt that they were not the
most efficient lamp because the pattern they put out gives a very limited
spread laterally along the street and gives a very intense spread, forward
and backward, of the lighting post and the light becomes very intrusive on
some of the homes. He requested that other options-be explored to find a
better lamp to light the streets.
Martha Nerona, 318 SE 3 Terrace, and Linda Robinson, 337 SE 3 Terrace,
also complained about the lights.
Commissioner Cali suggested that staff work out the expressed concerns
. with Florida Power & Light.
City Manager Smith was directed to contact FP&L to resolve the concerns
at 318, 333 and 337 SE 3 Terrace.
Commissioner Mikes felt that a more user-friendly arrangement could be
worked out if the neighborhoods were involved before the lights were
installed.
ITEM 8.1 WAS HEARD AFTER ITEM 11.1
11.2 Discussion of incentive program for duplex conversions to single family
residences.
Commissioner Mikes suggested that the City find a mechanism to offer
financial incentives to property owners who are willing to convert their
duplexes into single-family dwellings. He felt that the program would better
the community, increase the tax base and reduce crime.
Commissioner Cali suggested that the program be done through
Neighborhood Revitalization, which would be to assemble properties and
seek funding through the Broward County Housing Finance Authority or the
State Housing Finance Authority.
MINUTES —CITY OF DANIA BEACH 11 MAY 9, 2000
Commissioner Mikes made the suggestion that the duplex rights be bought
out.
The Growth Management Director, City Attorney and City Manager were
directed to research the possibility of developing an incentive program.
11.3 Discussion of Amnesty Program for Code Enforcement fines.
City Manager Smith advised that the program was deferred from a previous
meeting due to the absence of Commissioner Cali who had an interest in
the program and was now being brought back for consideration.
City Manager Smith pointed out some of the key points of the program:
It would only be for residential or commercial properties that have
outstanding code enforcement liens
A remediation plan would be approved by the City
® The cost to process and prosecute the code violation would not be
eligible for amnesty
® The program would replace the abatement process
Repeat violators would not be eligible to participate
It would allow property owners to get credit, on a dollar for dollar basis,
for improvements to the property
Commissioner Etling suggested that the last sentence of the policy,
"Reasonable extensions of time may be granted for circumstances beyond
the control of the property owner", be stricken.
A motion was made by Commissioner Cali, seconded by Commissioner
Etling, to approve the Code Enforcement Fine Amnesty Program with the
stipulation that the last sentence be stricken as suggested by Commissioner
Etling.
Vice-Mayor Bertino suggested that staff develop an implementation
schedule for a limited time from this point forward.
Commissioner Mikes suggested that the policy be reviewed by the Code
Enforcement Board before any action is taken by the Commission.
City Manager Smith suggested that this item be deferred until an
implementation schedule could be developed, until it could be reviewed by
the Code Enforcement Board for their comment; and until final review by the
city attorney and brought back at the next meeting in the form of a
resolution.
Commissioner Cali withdrew his motion and the item was deferred until the
regular meeting of May 23, 2000.
11.4 Discussion of Revising Alarm Ordinance.
City Manager Smith withdrew Item 11.4 until staff issues were resolved.
MINUTES — CITY OF DANIA BEACH 12 MAY 9, 2000
11.5 Request by Sheridan 400/Trafalgar Apartments for waiver of replatting
requirement for Tract A, Swede Land Plat.
Laurence Leeds, Growth Management Director, explained that the site plan
for the development was previously approved. He stated that the property
was located on Sheridan Street, lying adjacent to and west of Publix. The
entrance to the site, which was approved on the site plan, was located on
the west side of the site, next to Publix. The Fire Department was requiring
a second entrance on the east side of the site, which would require the
vacation of an easement and replatting of the property. Mr. Leeds stated
that he had no objection to vacating the easement as long as the Fire
Department had sufficient alternative access through the Publix property.
Mr. Leeds did not feel it was necessary to replat the property and
recommended that the Commission waive the replatting requirement and
allow the applicant to proceed with the required vacation process.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner
Etling to approve Item 11.5.
The motion passed on the following roll call vote:
Commissioner Cali —yes Vice-Mayor Bertino — yes
Commissioner Etling — yes Mayor McElyea — yes
Commissioner Mikes - yes
• 12. APPOINTMENTS (no appointments were made)
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 Commission of one (1) alternate for citizen member to the
Civil Service Board.
13. ADMINISTRATIVE REPORTS
13.1 City Manager Smith reminded the Commission of the Special Meeting
scheduled for May 16, 2000, to review the Pier Restaurant proposals and
also a goal setting Workshop. He also advised that the first Budget
Workshop was scheduled for July 14, 2000.
MINUTES — CITY OF DANIA BEACH 13 MAY 9, 2000
13.2 City Attorney Ansbro reported that.he attended the Code Enforcement
Board in connection with the 911 Store in order to keep Mr. Ryan from being
involved. He anticipated that the tenant's attorney would seek an
abatement of the fine in June of 2000. Foreclosure proceedings could not
begin until after the abatement request was heard by the City Commission.
He commended the Code Enforcement staff and the Code Enforcement
Board for the outstanding work they accomplish.
Mr. Ansbro also commended. Laurence Leeds for working together with the
residents of Oakbridge regarding the new Publix on Griffin Road.
14. ADJOURNMENT
The meeting adjourned at 10:55 p.m.
MAYOR— COMMISSION R
CITY CLERK
Respectfully submitted by Nanci Denny
Approved: March 26, 2002
•
MINUTES — CITY OF DANIA BEACH 14 MAY 9, 2000