HomeMy WebLinkAbout2000-06-13 Regular City Commission Meeting Minutes MINUTES
''DANIA BEACH CITY COMMISSION
REGULAR MEETING
JUNE 13, 2000
1. Mayor Mcelyea called the meeting to order at 7:35 P.M. and advised the public that the
regular meeting was delayed due to the need to conduct an Attorney/Client Session prior
to the meeting.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
* Reverend Jim Sweets, Dania Heights Baptist Church
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice Mayor: John Bertino
Commissioners: Jim Cali
Bob Mikes
City Attorney: Thomas Ansbro
City Manager: Mike Smith
• Deputy City Clerk: Charlene Johnson
Absent:
Commissioner: John Etling (excused)
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, excusing Commissioner
John Etling from this meeting.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Mikes—yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
4. PRESENTATIONS —
4.1 Presentation by Ed Kennedy, Broward County Clerk of Courts
Mr. Kennedy introduced himself to the public and mentioned his intentions of making changes at the
Broward County Clerk of the Courts to better serve the public.
4.2 BSO— Deputy of the Month — Robert Furman
Chief Anton, BSO, presented Deputy Furman with the award for the month of May. Sergeant Palmer
was also present due to his recommendation of the award. Chief Anton mentioned Deputy Furman's
fforts that resulted in the arrests of five juveniles for several car thefts in the City.
MINUTES 1 JUNE 13, 2000
CITY OF DANIA BEACH
4.3 Mayor McElyea presented Recognition awards to each of the following businesses for
having received the Readers' Choice Awards recently from the Miami Herald. Representatives
of each business came forward.
Readers' Choice Awards
• Jaxson's Ice Cream Parlor— Best Ice Cream
• Tropical Acres Restaurant— Best Family Restaurant (absent)
• Graves Museum of Natural History &Archaeology— Best Museum
• Grampa's Bakery & Restaurant— Best Bakery
• Dania Beach Florist- Best Florist
Honorable Mentions
• Islamorada Fish Co. - Best Seafood and Best Family Restaurant (absent)
• I.G.F.A. — Best Museum
• Casa Bella Restaurant— Best Fancy Restaurant
• Tark's — Best Wings
4.4 Dania Elementary Presentation
Dr. Kathleen DiBona, Principal/CEO Dania Elementary School, and three school children read portions
of a proclamation declaring "Hometown Hero's Day" and Mayor McElyea, Vice-Mayor Bertino and the
City Commissioners were commended for supporting the school. Mary Jo Terminelli, teacher at Dania
Elementary, was also present.
0. PROCLAMATIONS —
5.1 A proclamation declaring June 20, 2000 "Marie Salvino Day" in the City of Dania Beach.
City Manager Smith read the proclamation.
Mayor McElyea mentioned his friendship with the Salvino Family over the years and presented the
proclamation to Mrs. Salvino for her many years of community service.
5.2 A proclamation declaring the week of June 19-23, 2000, as "Code Enforcement Officers'
Appreciation Week" in the City of Dania Beach.
City Manager Smith read the proclamation and recognized William Johnson, Chief Code Enforcement
Officer for the City.
Mr. Johnson, on behalf of the Code Enforcement Division, expressed his appreciation to the City
Commission and City Manager for their support of staff's efforts to obtain code compliance and
acknowledged the other members of his division who work very hard each day to improve the City:
Frank Osario, Code Officer, Will Dubisky, Code Officer, Eric Baker, Code Officer and Secretaries —
Beth Dagnon and Gloria Brandes. The Code Enforcement Board was also acknowledged: Pat Flury,
William Sargent, Jimmy Peterman, Judy Jensen, Beulah Lair, Tim McLeod, Richard Bettor and
Alternates, 011ie Starr and Donna Fleming.
6. CONSENT AGENDA (INCLUDING EXPENDITURES)
ills:
MINUTES 2 JUNE 13, 2000
CITY OF DANIA BEACH
0.1 Approval of bills for the month of April, 2000.
Minutes
6.2 Approval of minutes for Budget Workshop meeting, July 24, 1998.
6.3 Approval of minutes for the Workshop meeting, August 20, 1998.
6.4 Approval of minutes for Special meeting, September 9, 1998.
6.5 Approval of minutes for the Regular Meeting, May 23, 2000.
Resolutions:
6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
CHANGE ORDER IN THE AMOUNT OF $9,967.43, SUBMITTED BY STRAWBRIDGE
BUILDING CONTRACTORS, INC., FOR RENOVATION/RESTORATION OF THE
NYBERG/SWANSON HOUSE; PROVIDING THAT THE ORIGINAL CONTRACT
AMOUNT OF $60,000.00 SHALL BE INCREASED TO $69,967.43; PROVIDING FOR
CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. AND THE CITY OF
DANIA BEACH FOR PROFESSIONAL SERVICES RELATING TO ADMINISTRATION
OF FIRE RESCUE, SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS
FOR FY 2000-01; AUTHORIZING A COST OF $32,500.00 FOR THE SCOPE OF
SERVICES OUTLINED IN EXHIBIT A TO THE AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
•.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RESCINDING
RESOLUTION 2000-062, ADOPTED MAY 9, 2000, THAT AUTHORIZED THE
PURCHASE OF ONE FORD RANGER CAB PICK-UP TRUCK IN THE AMOUNT OF
$17,241.00 FROM DUVAL FORD AND SUBSTITUTING IN ITS PLACE A NEW
RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE FORD
RANGER CAB PICK-UP TRUCK IN THE AMOUNT OF $14,759.00 FROM MAROONE
FORD FOR THE GROWTH MANAGEMENT DEPARTMENT, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6.12 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "WESTSIDE
5" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "EASTSIDE FIVE";
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, approving the Consent
Agenda with the exception of items 6.7, 6.9, 6.11 and 6.13.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes—yes
Oce-Mayor Bertino —yes Mayor McElyea-yes
MINUTES 3 JUNE 13, 2000
CITY OF DANIA BEACH
WEMS PULLED FROM THE CONSENT AGENDA:
6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO PURCHASE A 28" DIAMETER, 45 DEGREE G & H AXIAL FLOW
PUMP FROM FARMERS MANUFACTURING COMPANY FOR THE PUBLIC WORKS
DEPARTMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Bud Palm, Utilities Director, explained that the pump at Meadowbrook Lakes Condominium is 14 years
old and needs to be replaced.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution.
The motion passed on the following 3/0 roll call vote as Commissioner Cali was out of the room and
Commissioner Etling was absent:
Commissioner Mikes —yes
Vice-Mayor Bertino —yes
Mayor McElyea-yes
6.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN
PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS AND OF NO INTRINSIC
VALUE AND DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME AT
• THE DIRECTION OF THE CITY MANAGER; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Manager Smith added three more items to the list of surplus items as submitted by Bud Palm,
Utilities Director.
Mayor McElyea advised that an auction has been advertised to dispose of the surplus items and that it
will take place June 17, 2000, at 10:00 a.m. at the Public Works Compound. Discussion followed on
the amount of scrap iron to be auctioned off and an old diesel generator that has been damaged and
included in the items.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution
with the additional items as presented.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
Ordinances for First Reading—Title to be read by city attorney
6.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM TO COMPLY WITH THE 1999
AMENDMENTS TO CHAPTERS 175 AND 185, FLORIDA STATUTES; AMENDING
SECTION 18-40(8)(B) OF THE CODE TO COMPLY WITH THE UNIFORMED
• SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) IN
GRANTING CREDIT FOR MILITARY SERVICE; AMENDING SECTIONS 18-40(9) AND
MINUTES 4 JUNE 13, 2000
CITY OF DANIA BEACH
• 18-40(10)(A) OF THE CODE REVISING THE DEFINITION OF SALARY AND
AVERAGE MONTHLY EARNINGS IN COMPLIANCE WITH STATE LAW; AMENDING
SECTION 18-40(7) OF THE CODE TO PROVIDE THAT THE FIRE AND POLICE
CHIEFS MAY OPT NOT TO PARTICIPATE IN THE PLAN; AMENDING SECTIONS 18-
42(2) OF THE CODE TO PROVIDE NORMAL AND EARLY RETIREMENT BENEFITS
THAT COMPLY WITH STATE LAW; AMENDING SECTION 18-42 OF THE CODE TO
PROVIDE MINIMUM DISABILITY BENEFITS THAT COMPLY WITH STATE LAW AND
DELETING ANY OFFSET IN DISABILITY BENEFITS IN COMPLIANCE WITH STATE
LAW; AMENDING SECTION 18-49 OF THE CODE TO PROVIDE FOR SPECIALISTS
ON THE MEDICAL BOARD AND PROVIDING FOR A PERIODIC MEDICAL
EXAMINATION OF DISABILITY BENEFIT RECIPIENTS IN COMPLIANCE WITH
STATE LAW; AMENDING SECTION 18-44 OF THE CODE PROVIDING FOR A TIME
PERIOD TO DEPOSIT STATE FUNDS INTO THE TRUST FUND AND PROVIDING
FOR 30 YEAR AMORTIZATION OF IMPROVED BENEFITS TO COMPLY WITH
STATE LAW; AMENDING SECTION 18-46 OF THE CODE PROVIDING FOR
SPECIFIC DUTIES OF THE BOARD SECRETARY TO COMPLY WITH STATE LAW
AND PROVIDING FOR REIMBURSEMENT OF TRUSTEES IN ACCORDANCE WITH
STATE LAW; AMENDING SECTION 18-47 OF THE CODE PROVIDING FOR
COMPLIANCE WITH STATE INVESTMENT LIMITATIONS; AMENDING SECTION 18-
49 OF THE CODE TO PROVIDE THAT STATE LAW WILL PREVAIL UNLESS
SPECIFICALLY AMENDED; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A REPEALER; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Attorney Ansbro read the title of the Ordinance on first reading.
*!ison Bieler, Weiss, Serota, et al, advised that the changes are being presented in order to comply
with legislative changes to Chapter 185 and 175 of the Florida Statutes. In order for the City to
continue to receive premium tax revenue dollars from the State, the amendments must be adopted.
Attorney Bieler explained that the minimum cost impact will be covered by the increase in revenue
dollars that the City will be receiving from the State.
Commissioner Mikes requested confirmation from Attorney Bieler on whether any of the changes were
other than statutory or contract requirements. Attorney Bieler advised that all of the changes are
required by state law and that all of the changes have been reviewed and approved by the State of
Florida, Division of Retirement.
Ken Harrison, Sugarman & Susskind, P.A., representing the Police & Fire Pension Board explained.that
there is a difference in benefits between Police and Fire with these changes because there was only
enough money from the State to fund the Firefighters. Attorney Harrison advised that a caveat was
added when the law passed providing that changes costing money do not have to be made until there
is additional State money over a base year to fund those changes. Attorney Harrison clarified that
there was an increase in state money in 1997 and that the money was actually received in 1998.
Commissioner Mikes requested information to be provided to the City Commission before second
reading of the ordinance on the additional costs of the changes and the amount being provided by the
State since the changes involve a large sum of money. Attorney Bieler advised that an impact
statement was obtained from the Actuary that shows the current year and projections in the future and
that the information would be provided at the second reading.
•
MINUTES 5 JUNE 13, 2000
CITY OF DANIA BEACH
NWommissioner Mikes stated that the pension fund is in very good financial shape due to the stock
arket but cautioned that the City would be in financial difficulty to fund some of these changes if there
was a problem with the stock market.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting the Ordinance
on first reading.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
6.13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF A LEASE AND LICENSE AGREEMENT
BETWEEN THE CITY AND BROWARD COMMUNITY COLLEGE ("BCC"),
PERTAINING TO A PARCEL OF LAND LOCATED WITHIN THE AREA KNOWN AS
TIGERTAIL LAKE PARK, INCLUDING A LICENSE FOR NON-EXCLUSIVE USE OF
THE LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY DESCRIBED
IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE
AND LICENSING AGREEMENT BY THE APPROPRIATE CITY OFFICIALS;
PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of the Ordinance for first reading.
Gommissioner Mikes asked whether the Ordinance exceeds what was agreed upon when the Bass Pro
and IGFA project was approved and whether there is anything that restricts the public use of Tigertail
Park.
City Manager Smith explained that the original concept has actually been enhanced. He mentioned
that BCC had to shut down their water sports operation during the time that the road was being
constructed and Tigertail Lake was being dredged. BCC donated its old class room building to the City
located at the southern end of the lake, which is expected to become a City Community Center and
Recreational facility. The original building that BCC was going to construct was projected to cost
$250,000.00 and they now are proposing to build a $750,000.00 building. The water sports training
facility will return in a much more enhanced fashion and the class rooms will be much nicer. BCC will
be working with the City for joint use and they will be sharing the parking lot area with the Tri-Rail
facility and will be working with Bass Pro and IGFA on joint programs. The Game and Fresh Water Fish
Commission will be restocking Tigertail Lake and BCC will be working with the community on boating
classes and water safety. City Manager Smith advised that BCC has provided a draft site plan and a
final version is expected to be submitted once they get closer to construction.
Vice-Mayor Bertino advised that residents of Dania Beach, Broward County and the State of Florida
need to take advantage of BCC's program that provides a complete course on how to sail for $15.00.
He reminded the City Commission that the area east of the property was a Superfund project at one
time with severe ground contamination. He mentioned that the lake must be monitored regularly by
EPA, however, he was concerned about whether or not the agreement protects the City against any
future seepage that could occur. City Attorney Ansbro advised that the lake is being used in an "As Is"
�ondition and that the agreement provides "non-exclusive" use of the lake.
MINUTES 6 JUNE 13, 2000
CITY OF DANIA BEACH
Iommissioner Mikes requested that the City Commission be provided a final report on the dredging
roject conducted by Ryan Eastern, Inc. and the amount of fill generated from the lake. City Manager
Smith advised that the engineers are conducting a final topography of the lake and he expected the
analysis soon.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, adopting the Ordinance
on first reading.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
AT THIS TIME, MAYOR MCELYEA HEARD ITEM 11.6.
7. BIDS AND REQUESTS FOR PROPOSALS-NONE
8. PUBLIC HEARINGS
8.1 RZ-16-00 — Request for rezoning by Craig A. Smith and Associates, representing Clinton F. Hill,
for property located at NE 2"d Street between NE 6th Avenue to the west and NE 7th Avenue to the east
within the City of Dania Beach. The petitioner is proposing a rezoning from the RM zoning district to
the RM-2 zoning district.
• AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY CLINTON F. HILL, FOR PROPERTY LOCATED AT
LOCATED AT NE 2ND STREET BETWEEN NE 6T" AVE TO THE WEST AND NE 7T"
AVE TO THE EAST, 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 R-M MULTI-FAMILY (12 UNITS PER GROSS ACRE) TO THE
CLASSIFICATION OF R-M (2) MULTI-FAMILY (16 UNITS PER ACRE) SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (RZ-16-00- SECOND READING)
Laurence Leeds, Growth Management Director, explained the location of the property zoned R-M Multi-
family and advised that the applicant has requested R-M (2) Multi-Family, which permits up to a 5 story
building at 16 units per gross acre.
Greg Myers, Craig A. Smith and Associates, advised that the current plan is to develop a rental
complex.
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 Cali, seconded by Vice-Mayor Bertino, adopting the ordinance
on second reading.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
0
ommissioner Cali —yes Commissioner Mikes —yes
MINUTES 7 JUNE 13, 2000
CITY OF DANIA BEACH
&ice-Mayor Bertino —yes Mayor McElyea-yes
8.2 PL-15-2000 — Preliminary plat request by Craig A. Smith and Associates, representing Clinton F.
Hill, for property located at NE 2Id Street between NE 6th Avenue to the west and NE 7th Avenue to the
east within the City of Dania Beach. The preliminary plat will be known as the "Eastside Five" plat.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "EASTSIDE
FIVE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "EASTSIDE FIVE";
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (PL-15-00 - SECOND READING)
Laurence Leeds, Growth Management Director, advised that Bud Palm, Utilities Director, has reviewed
the plat and has no objection in regards to utilities and, at the time of site plan, the City will address the
location of the buildings, the setbacks and the green area. Mr. Leeds advised that the City Code
requires dedication of land for public open space as part of a local park impact requirement and, based
on the formula for this property, it appears that the park dedication area is roughly 9 to 10% of the plat.
The land is too small of an area to be used for park and since Frost Park is located just west of the
parcel, Mr. Leeds explained that the applicant could provide a park impact fee instead of designating
park land. Mr. Leeds pointed out that the park impact fee is based on the value of the entire parcel
multiplied by a percentage of land actually required for park dedication. Of the 10%, the City
Commission has the discretion of reducing up to 4% if the applicant provides on-site private
Wscreational facilities that would include a pool or common areas. Therefore, the impact fee could be
sessed on a value of as little as 6% of the total value if the Commission so desires. In addition, the
applicant has been advised to provide an appraisal to evaluate the value of the land. Mr. Leeds
recommended approval of the plat subject to payment of the park impact fees prior to issuance of
building permits and to require that the park impact fee be determined at site plan review.
Mr. Clinton Hill agreed to provide the appraisal. City Attorney Ansbro agreed that Mr. Hill could provide
an appraisal and that the City could require a review appraiser to be hired at the applicant's expense.
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 Commissioner Cali, adopting the ordinance
(PL-15-2000) on second reading with the understanding that park dedication or park impact fees to be
determined at site plan review.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
ZONING; AMENDING ARTICLE 9 OF CHAPTER 28 OF THE CITY CODE OF
ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING", BY CREATING SECTION
. 9.24.1 OF THE CODE OF ORDINANCES OF THE CITY, SUCH SECTION TO BE
ENTITLED "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN
MINUTES 8 JUNE 13, 2000
CITY OF DANIA BEACH
• PROGRESS"; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Laurence Leeds, Growth Management Director, explained that the ordinance will allow the City to
enforce zoning code changes before they are approved by the City Commission on second reading.
Mr. Leeds asked Attorney Ansbro to explain at what point in time when zoning in progress becomes
effective. Attorney Ansbro advised that it would be a period of time not to exceed six months after the
notice of the public hearing before the City Commission. Mr. Leeds advised that ordinances are
generally published 10 days prior to second reading. Commissioner Mikes requested that City Attorney
Ansbro review the issue to see if the publication could be advertised at first reading.
Mayor McElyea opened the public hearing.
Dave Reich mentioned that the temporary moratorium was imposed on his property for the past two
years and asked for an explanation of the zoning in progress. City Attorney Ansbro explained that a
zoning in progress is different from a moratorium. Laurence Leeds advised that all of the property west
of 1-95 that has Industrial land use designation is proposed for [ROM zoning and that the next public
hearing before the Planning &Zoning Board is tentatively scheduled for June 28th. Mr. Leeds explained
that Mr. Reich's situation is more complicated. Mr. Reich's land has an "Industrial Land Use
Designation, and as such, is subject the moratorium. However, Mr. Reich's land is zoned residential,
and as such, will not automatically change to IROM upon expiration of the moratorium. Mr. Reich will
have to apply for rezoning his property to IROM after the moratorium expires.
Commissioner Cali clarified that the zoning in progress will require property owners to live with the
�oning that is proposed and will not let them use the existing zoning that they have on the property. City
ttorney Ansbro advised that the zoning in progress will only focus on reviewing a new service station
law with new distance requirements and if the zoning doesn't change within the six month period then
the zoning reverts back to the original uses.
Commissioner Mikes explained the difficulty that the City has had in implementing the IROM zoning.
Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the ordinance
on first reading
The motion passed on the following 3/1 roll call vote as Commissioner Etling was absent:
Commissioner Cali —no Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
ITEM 11.1 WAS HEARD AT THIS TIME
8.4 VA-24-00 —Variance request by Tom Naylor, owner, for property located at 400 South Federal
Highway, Dania Beach, a/k/a "The Frost Property," from Chapter 28, Zoning, Article 5.36(a) Walls,
Fences and Hedges. Mr. Naylor is requesting that he be allowed to install a six (6) foot fence in the
front yard of the property.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY TOM
® NAYLOR, FOR PROPERTY LOCATED AT 400 SOUTH FEDERAL HIGHWAY, DANIA
MINUTES 9 JUNE 13, 2000
CITY OF DANIA BEACH
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that Mr. Naylor plans to convert the first floor
of the Frost House to a business and convert the property to "small-scale aquaculture" (i.e., outdoor lily
pond pools). The fence around the Frost House is currently 3 feet and the petitioner would like to
increase the fence to 6 feet to keep children out of the property. Mr. Leeds advised that the applicant
wants to add a three foot "metal picket extension". Staff supports the variance provided the fence not
pose a "material, inherent danger" to pedestrians on the public sidewalk (section 5.30 (e) of the Zoning
Code). Staff recommends that the metal pickets be "topped-off' in a way that they do not pose a
danger.
Mr. Tom Naylor brought a sample of the fence forward and advised that the color is the same as the
trim of the house.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the mayor
closed the public hearing.
Vice-Mayor Bertino disagreed with putting up a fence and suggested that the applicant come up with
another way to secure the property.
Commissioner Cali mentioned that the petitioner showed the aluminum fence as an addition to the
existing wall when he appeared before the City Commission ron the initial approval of the site and that
he thought the City Commission approved the concept.
0. motion was made by Commissioner Cali, seconded by Commissioner Mikes, adopting the resolution
approving the variance (VA-24-00) with the flat top rails on the fence with the green color as presented.
The motion failed on the following 2/2 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —no Mayor McElyea-no
8.5 Request by Broward International Commerce Center (BICC) for property located at 280 Bryan
Rd. for an amendment to the approved site plan which would substitute the landscaping along the north
property line of the BICC, directly south of the Ocean Waterway Mobile Home Park.
A RESOLUTION AMENDING THE SITE PLAN FOR BROWARD INTERNATIONAL
COMMERCE CENTER (BICC) TO ALLOW SUBSTITUTE LANDSCAPING ALONG THE
NORTH PROPERTY LINE ADJACENT TO OCEAN WATERWAY MOBILE HOME
PARK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Laurence Leeds, Growth Management Director, recommended approval of the landscape substitution
as long as the applicant provides written statement from the Mobile Home Park Management (or
association) of"support" or "no objection" to the proposed landscaping. Mr. Leeds advised that the
Ocean Waterway Mobil Horne Park association is actually a co-op and that he has not received any
response thus far. Mr. Leeds commented on the existing ficus hedge that provides a very dense
�creen.
MINUTES 10 JUNE 13, 2000
CITY OF DANIA BEACH
nce the applicant was not present, a motion was made by Commissioner Mikes, seconded by Vice-
� ayor Bertino, continuing the resolution to the June 271h meeting.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.6 Request by Erik Rameson, Vice President of Development for Palace Entertainment,
representing Festival Fun Parks, for an extension of Special Exception Request SE-58-98, which was
approved by Resolution # 08-99 on January 12,1999. The approval allowed the construction of a water
theme park located at 1800 NW 1st Street, directly to the west of the miniature golf course. The parcel
in question is commonly known as Grand Prix Race-O-Rama.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A ONE YEAR
EXTENSION TO THE PREVIOUSLY APPROVED SPECIAL EXCEPTION
(RESOLUTION 08-99, APPROVED ON JANUARY 12, 1999) FOR A WATER THEME
PARK LOCATED DIRECTLY WEST OF THE GOLF COURSE (GRAND PRIX RACE-O-
RAMA), PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA BEACH, FLORIDA;
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
Since the applicant was not present, a motion was made by Vice-Mayor Bertino, seconded by
40ommissioner Mikes, continuing the resolution to the June 27th meeting.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
9. CITIZENS' COMMENTS:
Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda shall
be submitted in writing or communicated verbally to the City Manager or his or her designee prior to 4:00 p.m. on the second(2"d)
and fourth(4'")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 notified the City Commission that he would not be attending the June
27th City Commission meeting because he would be attending the Florida Public Pension Trustees
Association meeting being held in Naples on behalf of the General Employees Pension Board. He
requested that an excused absence be recorded into the record on June 27th
10.2 Commissioner Etling- absent
* 3 Commissioner Mikes mentioned that BFI is not picking up the bulk trash in the Melaleuca
ardens area and that there have been problems with BFI from the beginning of the contract. He also
MINUTES 11 JUNE 13, 2000
CITY OF DANIA BEACH
&entioned his request that staff take photographs and video the BFI problems for documentation in the
event that there is litigation. Commissioner Cali suggested that the City take action to use the number
2 contractor at the time bids were evaluated.
City Manager Smith advised that he was notified by Commissioner Mikes and some residents of trash
pickup problems with BFI and that staff did take photographs for documentation. There was some
trash problems but some of issues related to City rules that were not part of the contract. BFI did
attend a meeting today with staff , all materials were picked up by noon and BFI was very cooperative.
The City will try to work with the residents so that the piles are not too big and residents won't be
required to tie the bundles, however, the size of the piles will still be regulated, sections will have to cut
up in the proper lengths, the vegetative material must be separated from the other bulk items, and the
white goods need to be completely separated because a different truck picks them up. Commissioner
Mikes stated that BFI workers are picking up for people who are tipping them. City Manager Smith
advised that the incident about tipping is being addressed with BFI.
Mayor McElyea mentioned that Waste Management was used by the City in the past and that they did
a good job, however, there has been continuous problems with BFI. Mayor McElyea made a motion to
cancel the BFI contract if it is legal and go out to bid or go to the number 2 bidder. Commissioner Cali
seconded the motion. The motion was withdrawn so that City Attorney Ansbro could review the
contract.
Commissioner Mikes mentioned that Governor Jeb Bush will be visiting the City next week and that
there has been rumors of protests. He also mentioned that Governor Bush is supposed to take part in
an active march with Turn Around Dania Beach, which should be very positive for the City. He
pressed appreciation to Sophie Steele and the other members of the Turn Around Dania Beach
,rganization.
Commissioner Mikes commented on the problem with the Citrus Canker outbreak that is destroying a
large number of citrus trees and that the disease is being transmitted by lawn services. He urged the
City to take advantage of some of the tree programs that exist with some of the surrounding cities.
Commissioner Mikes was glad to hear that Code Enforcement is taking the initiative to check some
unsafe structures and sheds that are not prepared for hurricane season.
10.4 Vice-Mayor Bertino mentioned that City Manager Smith is looking into providing some trees
through the Urban Forestry Grant Program and reminded the public to drive carefully since school will
be out for the summer on Thursday.
Commissioner Cali inquired as to whether the YMCA will be opening the computer lab beginning
- Friday. City Manager Smith advised that the YMCA computer lab is always open and that the City's
summer program is in full swing at all three major parks. City Manager Smith agreed to provide
additional information on the hours of operation.
After passing the gavel, Mayor McElyea made a motion, seconded by Commissioner Cali, to put BFI on
notice that they are in default of their contract for quality of service and that they must clean up their act
within 30 days.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Olommissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
MINUTES 12 JUNE 13, 2000
CITY OF DANIA BEACH
ice-Mayor Bertino was pleased to report that the residents of Oakbridge Condominium have finally
received smaller garbage cans and he warned that they are not allowed to put out additional bags and
that everything must fit in the smaller cans. Commissioner Mikes mentioned that the use of the larger
garbage cans in the City have really cleaned up the appearance of rental properties.
10.5 Mayor McElyea allowed time to Eddie Henson to address the City Commission.
Eddie Henson commended Mayor McElyea for his efforts to help him on a Saturday when a light pole
was installed by FPL in his front yard. Mr. Henson mentioned that he was unable to reach other city
commissioners on Saturday and stressed the importance of the City officials to represent the citizens
and to give special consideration to their needs.
Mayor McElyea asked the city manager to repair the drainage problem in the front of City Hall and
street lights at the lifeguard stand at the beach.
ITEM 11.3 WAS HEARD AT THIS TIME.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Discussion of the relocation of the Paul DeMaio Library, Broward County Dania Beach Branch, to
Citibank building on East Dania Beach Boulevard. (Commissioner Cali)
Vito Mancino mentioned that Broward County desires to move the Paul DeMaio Library to the Citibank
uilding on East Dania Beach Boulevard and that the building should provide 12,000 to 15,000 square
Meet of space.
Commissioner Cali advised that the Friends of the Library and the Broward County Library Board
support the move and that Broward County is trying to make a final decision on a lease.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, sending a letter to the
Broward County Commission supporting their initiative to move the Paul DeMaio Library to the Citibank
Building location on East Dania Beach Boulevard. The motion was withdrawn.
Vice-Mayor Bertino mentioned that the present library location at the Graves Museum on Federal
Highway is better for the school children who stop by on their way home from South Broward High or
Olsen Middle School. He recommended that the City provide a school crossing guard on Dania Beach
Boulevard and a shuttle that could transport children to the library if the library is moved to the bank
building. Vice-Mayor Bertino mentioned that he requested that Broward County provide a permanent
facility for a library and that the property located at SE 13'h Street and Federal Highway would be a
good location.
Commissioner Cali recommended that the City request a joint partnership with Broward County and
purchase the Dania Beach Hotel property with grant assistance and create a library and a cultural
center. He also added that the City would then have a liquor license from the Dania Beach Hotel that
could be sold to the people who are building the restaurant at the pier and the City, which is the oldest
City in Broward County, would have a library located in a historical building.
Vito Mancino stated that there is money available from Broward County to provide a permanent library.
0
MINUTES 13 JUNE 13, 2000
CITY OF DANIA BEACH
Qoice-Mayor Bertino withdrew his second from the previous motion and made a motion sending a letter
Broward County asking that they purchase land and build a permanent library building with the City
as a partner. The motion died for lack of a second.
Clara Satin, Friends of the Dania Library and Broward County Library Advisory Board, advised the City
Commission that there is a need to move from the Graves Museum site as the site is too small to serve
the people. She expressed appreciation to the City Commission for supporting a permanent location
and agreed to provide additional information from Broward County on the proposed terms of the lease
for the Citibank building.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, sending a letter
supporting the move to the Citibank building as long as the lease is no longer than 1 year and request
that Broward County cooperate in finding and building a permanent library site within historic Dania
Beach.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
ITEM 8.4 WAS HEARD AT THIS TIME
11.2 Discussion of preserving City's property located on 30th Avenue. (Commissioner Cali)
0^ommissioner Cali mentioned that there was discussion at the last meeting on the possibility of selling
e 30th Avenue property and that it was his understanding that the City agreed in October 1999 to
preserve the property as a park and await a study from FAU to determine the best use of the property
for all parties concerned. He suggested that the property be zoned OS (Open Space) until a
determination can be accomplished on the best use of the property.
City Manager Smith advised that FAU is conducting a study and that a preliminary report is expected
July 27th and the final report by the first meeting in August. Currently, the property is zoned R-1-C for
single family homes. City Manager Smith clarified that the sign at the corner of the property at 451h
Avenue that reads "Avon Park" does not designate the property itself but is the entrance sign for the
subdivision. Mr. Smith advised that the City has a survey of the land and that there is a problem with
some of the residential properties encroaching on City property; and, actually, one resident has built an
entire pool on city property. The City Commission expressed concern for liability in the event someone
was hurt.
Chris Johnson, homeowner, explained that residents are confused in the neighborhood since everyone
was assured last October that the property was going to be preserved as a passive park. He
mentioned the flooding that exists on the property when there is a heavy rain and cautioned the City on
the amount of money it would take to develop the land. Mr. Johnson suggested that the City zone the
property OS (Open Space) and leave the property as a passive park.
At the request of City Manager Smith, Mr. Johnson defined his concept of a passive park as being
developed with nature trails for use by the public but not having any permanent fixtures or active
recreational uses like basketball courts. Mr. Johnson expressed his opposition to the property being
#ad
veloped as a fire station as suggested by Mayor McElyea and mentioned his efforts back in October
organize the property owners to purchase the land from the City and then was told that the property
to be bid out in accordance with the City's Charter requirements.
MINUTES 14 JUNE 13, 2000
CITY OF DANIA BEACH
loice-Mayor Bertino suggested establishing an improvement district so that the people adjacent to the
property would be taxed and would pay the value of the land to the City and free the City to buy
additional park land with Broward County for Griffin Marine Park. City Manager Smith advised that the
report from FAU would include information on the establishing an improvement district.
Commissioner Cali suggested that Mr. Johnson work with FAU on conducting a meeting with all of the
residents so that input can be provided on preserving the land before FAU completes the study. Mr.
Johnson confirmed that there has been discussion about building a wall along 30th Avenue.
Commissioner Mikes advised that since the property is valuable and even if its preserved as a park or
the homeowners buy parcels, the land might still be sold in the future by the City. Commissioner Mikes
suggested the idea of building three estate homes on the land with a wall along 30th avenue with an
entrance along the easement that could include deed restrictions by the City to preserve the trees. He
recommended that the homeowners consider a limited residential development so that the land could
be taken out of the control of the City and he asked that FAU consider this option in the study.
Vice-Mayor Bertino thought that the homeowners might want to consider a smaller-scale fire station so
that the rest of the land could be preserved since the land use would remain this way for years to come.
Jay Field expressed his support of the land being preserved as a passive park and suggested that the
City contact FIND (Florida Inland Navigation District) to obtain grant funds to purchase the other park
land in Allen Estates. He also agreed that the residents should consider a small fire station with egress
and ingress off of SW 30th Avenue.
(Discussion followed on the extensive action that would have to be taken before the City could sell the
land and the residents were asked to wait until FAU completes the study. City Manager Smith agreed
to assist FAU and the residents on scheduling a meeting.
ITEM 8.1 WAS HEARD AT THIS TIME.
11.3 Continued request for abatement of vacant lot mowing liens by Rosemary Wright for property
previously owned by Betty Baron Bernstein and identified as 1203-34-0350 (Lot 13, Block 3, College
Tract). (Staff) (continued from 5/23/2000 regular meeting)
Rosemary Wright, 3697 NE 5 Avenue, Pompano Beach, explained her purchase of the vacant lot
through a tax sale with Broward County and her only being notified, at the time, that there were 7 liens
on the property. Ms. Wright mentioned that it was after the purchase of the lot that she was advised by
the City that there were actually 17 lot mowing liens due on the property. Ms. Wright requested a
waiver of interest or recording fees on the amount owing on the liens and advised of plans to build a
single family home on the land for her four children.
City Manager Smith advised that the entire amount of the liens is $8,611.00 for lot mowing and trash
removal services that the City provided on the property since 1990 and that the property was
abandoned by Betty Baron Bernstein.
Vice-Mayor Bertino mentioned that it costs taxpayers when these types of properties are not kept up
and that the liens are applied so that the City can collect at the time the property is sold. He expressed
oncern for waiving the liens when Ms. Wright has been able to attain the property at a very reasonable
st from a Broward County tax sale.
MINUTES 15 JUNE 13, 2000
CITY OF DANIA BEACH
0ommissioner Cali suggested that the City consider relieving the fines if Mrs. Wright builds a single
family home on the property, which would provide value to the City because taxes would be paid and
the property would not continue to be a burden. City Manager Smith agreed that this would be a
beneficial alternative and that a time limit should be set on pulling the permits for building the single
family home. Commissioner Cali also suggested that the Amnesty Program be used for this property
with construction of a single family home. Mrs. Wright agreed that she could be ready by December
2000 to pull a building permit, secure financing and complete architectural drawings.
Commissioner Cali expressed dissatisfaction that the property went to tax sale instead of the City's
Code Board attorney pursuing foreclosure proceedings. City Manager Smith explained that lot mowing
liens are not heard by the Code Board and that the attorney cannot be blamed for these types of liens.
City Manager Smith explained that there is no follow-up and that Finance Director Jabalee has been
asked to keep a current list so that once the value of the liens approach the value of the property, the
file can be turned over to the city attorney.
A motion was made by Commissioner Cali to abate the entire amount as long as a single family home
is built by December 31, 2000. The motion died for lack of a second.
Commissioner Mikes pointed out that he cannot support waiver of the liens because the City would be
subsidizing almost 70% to 80% of the value of the land and when properties are bought at tax auction,
potential buyers know that it is a "buyer beware" situation.
City Manager Smith suggested a middle ground by waiving $2,900.00 in interest and $1,700.00 in
recording fees and enforcing the actual cost to the City for the labor of$3,980.00. Discussion followed
�n imposing the $1,700.00 processing fees for a total of$5,680.00.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, abating the $8,611.00
liens to $5,600.00 as long as a building permit is pulled by Rosemary Wright for a single family home by
December 31, 2000, and once the Certificate of Occupancy is obtained and Rosemary Wright is going
to live in the home, the liens in excess $5,600.00 would be released. If the single family home is not
built by the deadline, the liens revert back to $8,611.00 plus accrued interest.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
11.4 Request by Florida League of Cities for a nomination to the Board of Trustees, Florida Municipal
Insurance Trust, from City Commission.
Commissioner Cali advised that the City Commission has already provided that the Mayor and Vice-
Mayor serve as representatives on the Broward, Florida and National League of Cities and that the
Mayor should be named trustee for this board. City Manager Smith advised that an election will be held
for the self-insured trust funds and that the City submits a nomination.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, nominating Mayor
McElyea to the Board of Trustees, Florida Municipal Insurance Trust.
�he motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes—yes
MINUTES 16 JUNE 13, 2000
CITY OF DANIA BEACH
*ice-Mayor Bertino —yes Mayor McElyea-yes
11.5 Discussion of CEB99-0362 — Request for abatement of Code Enforcement lien by John and
Angela Magazzu for property located at 4430 SW 32"d Avenue, Dania Beach. (Staff)
The petitioners were not present.
William Johnson, Chief Code Enforcement Officer, explained the actions by the Code Board to
recommend a 50% reduction of the $20,100.00 fines down to $10,500.00. Discussion followed on the
property being used for a used-car lot and the tenant being evicted by the owners. Mr. Johnson
advised that the property is zoned R-3 and that a single family home is on the property.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, denying the abatement
request and directing the code attorney to begin foreclosure proceedings if the property is not
homestead.
The motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes—yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
ITEM 12 "APPOINTMENTS" WERE HEARD AFTER 11.5.
11.6 Discussion of CEB98-0109 — Request for abatement of Code Enforcement lien by H.E. and Gene
40. Burgess of Trabold Properties for property located at 450 E. Dania Beach Blvd., Dania Beach.
Donna O'Neil, Attorney representing H.E. and Gene R. Burgess of Trabold Properties, explained that
she filed a petition for abatement of fine on May 14, 2000, as a result of action taken at a hearing
before the Code Enforcement Board on December 7, 1998. Attorney O'Neil advised that she was not
counsel of record at that time and that Emerson Allsworth represented her clients. Attorney O'Neil
explained that she reviewed the transcript of the meeting regarding the zoning violation on the property
and leasing, sale and storage of U-Haul trucks at the site. She mentioned that Attorney Allsworth had
advised her clients, at that time, that they could either seek a text use change concerning the use of the
property or challenge an adversary ruling by the Code Enforcement Board. The Code Enforcement
Board did rule against her clients and Mr. Allsworth filed an appeal with the Circuit Court. As a result of
the appeal, the rules of appellate procedure came into play and the entire process took until January 6,
2000. At that time, the circuit court denied the appeal. She was then hired and filed a petition for
abatement of a 50% reduction of the fine due to the fact that her clients had carried on the business in
good faith for 10 years and, finally, were found to be in non-compliance with the City's zoning
provisions.
She requested that her clients not be punished for pursuing their fundamental rights to exhaust all
remedies concerning an adversary finding by the Code Enforcement Board. She advised that, during
the appeal process, her clients deposited $20,150.00 with Attorney Ryan, which has since been turned
over to Attorney Ansbro and that her office is holding $3,100.00. She explained that she cannot answer
why Attorney Allsworth did not ask for a stay of the fine during the appeal process and that the fine
accrued at $50.00 a day for 462 days, which most of the days were during the appeal process. Only
107 days from the denial by the circuit court had accrued at a rate of$50.00 per day for $5, 350.00.
qh�e property finally came into compliance on April 20, 2000, within three days when she was advised
at the storage of the trucks on the property presented a serious and dangerous traffic problem. Last
MINUTES 17 JUNE 13, 2000
CITY OF DANIA BEACH
Oeek, the Code Enforcement Board rendered an advisory opinion granting an abatement of the fine
down to $17,000.00. Attorney O'Neil requested consideration of an abatement reducing the
$23,200.00 by 50% to $11,600.00.
Attorney Ansbro commended Attorney O'Neil for encouraging her clients to comply once the appeal
process was exhausted.
A motion was made by Commissioner Cali to accept the recommendation by the Code Enforcement
Board and abate the fine to $17,000.00. The motion died for lack of a second.
Commissioner Mikes pointed out that the property had been cited in 1987 for not being in compliance
with the City's zoning requirements.
William Johnson, Code Enforcement Officer, commented on the actions by the Code Enforcement
Board.
Vice-Mayor Bertino confirmed with Attorney Ansbro that the City is not obligated to reduce the fine. He
mentioned that people have been killed and accidents have continued to occur at the corner of SE 5tn
Avenue and Dania Beach Boulevard location. Even though the City may not be able to prove that the
accidents were a direct result of the U-Haul truck business, the property should have been brought into
compliance years ago.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, imposing the full
amount of the lien of$23,200.00.
Ohe motion passed on the following 4/0 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
11.7 Discussion of waiver of building fees for Uniweld.
Steve Cissel, Uniweld Products, Inc., 2850 Ravenswood Road, explained the problems that have
continued as a direct result of the fire that took place September 1999 at Uniweld Products, Inc. He
thanked City Manager Smith and staff for their efforts to host a Task Force Meeting June 21 st with Mr.
Norman Taylor, Director of the Broward County Economic Development Agency, to discuss a five-year
economic recovery package for the business in conjunction with State of Florida programs and the
Alliance of Broward, DPEP (Department of Planning and Environmental Protection) and other County
consultants. The business has existed for 50 years and has employed over 300 people and it is very
costly now days to put this type of business back into operation. Mr. Cissel urged assistance from the
City on rebuilding the structure by waiving the City's building permit fees.
Ken Koch, Building Official, explained that the approximate permit fees amount to $30,000.00 for the
project and that there are other fees like state and county taxes and mechanics lien fees that the City
cannot waive.
A motion was made by Commissioner Cali to waive whatever building permit fees that the City can for
Uniweld Products, Inc. The motion died for lack of a second.
MINUTES 18 JUNE 13, 2000
CITY OF DANIA BEACH
Wommissioner Mikes expressed concern that Uniweld may be running into financial difficulty if they
cannot pay for these types of fees to rebuild the business and pointed out how dangerous the fire was
that took place back in September because of the nature of the use at the business.
Mr. Cissel explained that the insurance companies did not pay out what was expected and that
construction costs are much higher today than they were years ago and that the building must meet
extensive code requirements. He advised that the company is also working with Vincent Johnson,
Alliance of Broward County, on an industrial revenue bond, which will be insurance for many of the
County programs that may be utilized for rebuilding the structure.
Vice-Mayor Bertino felt that the business is unique since its been in the City for 50 years, however,
when fees are waived, the City gives away taxpayer funds. He suggested postponing the payment of
the building permit fees, which would provide the working capital now so that the business program
could be put together. City Attorney Ansbro advised that a lien would have to be applied against the
property.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, directing City Attorney
Ansbro to work up a concept plan postponing the payment of the building permit fees for three years
from the date that the Certificate of Occupancy is received and bring back the plan at the next regular
meeting (June 27, 2000).
The motion failed on the following 2/2 roll call vote as Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —no
Ice-Mayor Bertino —yes Mayor McElyea-no
ITEM 11.2 WAS HEARD AT THIS TIME.
12. APPOINTMENTS
12.1 Appointment of 3 members to the Airport Advisory Board.
12.2 Appointment of 1 member to General Employees Pension Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF
ONE (1) MEMBER TO THE "GENERAL EMPLOYEES PENSION BOARD;" PROVIDING THAT SAID MEMBERS SHALL
SERVE A TWO (2)YEAR TERM EXPIRING JUNE 22, 2002; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
A motion was made by Commissioner Cali, seconded by Mayor McElyea, appointing Myrtle Corbin to
the General Employees Pension Board.
The motion passed on the following 3/0 roll call vote with Vice-Mayor Bertino out of the room and
Commissioner Etling absent:
Commissioner Cali —yes Commissioner Mikes —yes
Mayor McElyea-yes
12.3 Appointment of 2 members to Human Relations Board.
12.4 Appointment of 2 members to the Marine Advisory Board.
MINUTES 19 JUNE 13, 2000
CITY OF DANIA BEACH
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF
TWO (2) MEMBERS TO THE"MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO(2)
YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
Commissioner Cali appointed Martha Norona to replace Jan Sheridan on the Marine Advisory Board.
A motion was made by Commissioner Cali, seconded by Mayor McElyea, appointing Martha Norona to
the Marine Advisory Board.
The motion passed on the following 3/0 roll call vote with Vice-Mayor Bertino out of the room and
Commissioner Etling absent:
Commissioner Cali —yes Commissioner Mikes —yes
Mayor McElyea-yes
12.5 Appointment of 2 members to the Occupational License Review Advisory Board.
12.6 Appointment of 5 member to Parks, Recreation and Community Affairs Advisory Board.
12.7 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF
ONE (1)ALTERNATE FOR THE CITIZEN MEMBER TO THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER
SHALL SERVE A FOUR-YEAR TERM BEGINNING APRIL 1, 2000 THROUGH APRIL 1, 2004; PROVIDING FOR
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Mayor McElyea expressed the importance of replacing the alternate on the Civil Service Board and that
the Civil Service Board is meeting tomorrow night. City Manager Smith mentioned that the board will
be holding an organizational meeting.
Additional Appointments:
Commissioner Cali advised that Jamilla McKinney has been transferred by her employer to Chicago
and he nominated Martha Norona to replace her on the Budget Advisory Board.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes, appointing Martha
Norona on the Budget Advisory Board.
The motion passed on the following 3/0 roll call vote as Vice-Mayor Bertino was out of the room and
Commissioner Etling was absent:
Commissioner Cali —yes Commissioner Mikes —yes
Mayor McElyea-yes
13. ADMINISTRATIVE REPORTS
13.1 City Manager reported that the City received a $150,000.00 grant under FRDAP (Florida
,maLRecreation Development Assistance Program) for Frost Park improvements. The City's application for
ie ISTEA (TEA-21) Grant in the amount of$500,000.00 for beautification of Federal Highway and
Dania Beach Boulevard has been recommended by the Metropolitan Planning Organization and is
MINUTES 20 JUNE 13, 2000
CITY OF DANIA BEACH
inked #5 out of 25 applications. In addition, the City has received approval of the 26th Year CDBG
(Community Development Block Grant) program in the amount of$276,000.00.
July 14, 2000 — 9:00 a.m.- Budget Workshop
13.2 City Attorney— no comments
14. ADJOURNMENT
This meeting adjourned at 11:30 p.m.
i
MA-YOR-COMMISSIONER
ACTING CVY CLERK
Respectfully submitted by
Charlene Johnson
Deputy City Clerk
C
�No
MINUTES 21 JUNE 13, 2000
CITY OF DANIA BEACH