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HomeMy WebLinkAbout2000-09-12 Regular City Commission Meeting Minutes MINUTES • DANIA BEACH CITY COMMISSION REGULAR MEETING SEPTEMBER 12, 2000 1. CALL TO ORDER Mayor McElyea called the meeting to order at 7:34 p.m. and advised that an Attorney/Client Session was held prior to the meeting. 2. INVOCATION AND PLEDGE OF ALLEGIANCE * Reverend Louis Sanders, Greater Trinity Baptist Church 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: 4.1 BSO "Deputy of the Month" award for August- Deputy Dennis Allen Chief Anton commended Deputy Allen for his outstanding arrest record and continued proactive efforts to reduce crime and improve quality of life in the City. Deputy Allen was awarded the "Deputy of the Month" for August 2000. Chief Anton introduced Captain John Brooks, Lt. Brad Ostroff and Lt. Michael Coleman from STAR (Sheriff's Targeted Anti-Crime Response) team, a new program being implemented by Sheriff Jenne that will focus on auto theft, drugs and other crimes at Modello Park. Captain Brooks advised that the program will be bringing in federal resources to fight crime and that Modello Park has been chosen as the first target area for the program out of 10 locations that have been identified in Broward County. The approach will not only target drugs and crime but will also deal with quality of life in communities. Captain Brooks advised that many meetings will be scheduled with the community and that he will be working with Turn Around Dania Beach. Mayor McElyea mentioned his efforts on the COPS Program that is making the streets safer. -� 4.2 Reverend Louis Sanders, Greater Trinity Baptist Church- Community Outreach Festival scheduled December 16, 2000. MINUTES CITY OF DANIA BEACH 1 SEPTEMBER 12, 2000 Reverend Sanders explained his request for closing NW 1st Street and Dania Beach Boulevard so that the Community Outreach Festival could be held in front of the church. The City Commission expressed their support of closing the street for the festival and directed City Manager Smith to work with Reverend Sanders. 5. PROCLAMATIONS: 5.1 A proclamation declaring the week of September 17-23, 2000, as "Constitution Week" in the City of Dania Beach 5.2 A proclamation declaring September 20, 2000, as "Undoing Racism Day" in the City of Dania Beach. City Manager Smith read the proclamations for items 5.1 and 5.2 5.3 A proclamation recognizing that September 10, 2000, was "Stanley and Shirley Buchwald's Golden Anniversary Day" in the City of Dania Beach. City Manager Smith read the proclamations in its entirety. Mayor McElyea presented the proclamation to Mr. & Mrs. Stanley Buchwald. 5.4 A proclamation declaring the month of September 2000, as "National Alcohol and Drug . Addiction Recovery Month" in the City of Dania Beach. City Manager Smith read the proclamations in its entirety. Items pulled from the Consent Agenda: Commissioner Etling pulled items 6.2, 6.5, and 6.15 and Commissioner Mikes pulled items 6.8 and 6.9. 6. CONSENT AGENDA (including expenditures): Bills: None Minutes: 6.1 Approval of August 22, 2000 regular meeting. 6.3 Approval of March 16, 1999 organizational meeting. Resolutions: 6.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION MODIFY AN EXISTING SPECIAL PERMIT PERTAINING TO SIGNAGE AND LANDSCAPING OF A PORTION OF THE INTERSECTION OF NEW GRIFFIN ROAD AND U.S. HIGHWAY ONE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY TO THE BROWARD COUNTY MARINE ADVISORY COMMITTEE MINUTES CITY OF DANIA BEACH 2 SEPTEMBER 12, 2000 FOR THE BROWARD COUNTY PARKS & RECREATION 2000-2001 BROWARD BOATING IMPROVEMENT PROGRAM GRANT FOR INSTALLATION OF FLOATING DOCKS AT WHISKEY CREEK AT DANIA'S BEACH; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE CHARACTER EDUCATION INITIATIVE OF THE BROWARD COUNTY SCHOOL BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE Urban Infill and Redevelopment Assistance Grant Program; AUTHORIZING THE DESIGNATION OF CENSUS BLOCK GROUPS 805.001, 805.002, AND 805.003 AS AN URBAN INFILL AND REDEVELOPMENT AREA; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR IMPLEMENTATION OF THE GRIFFIN MARINE PARK PROJECT PURSUANT TO THE BROWARD BOATING IMPROVEMENT PROGRAM COVERING THE FISCAL YEAR 2000/2001; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • ORDINANCES: TITLE TO BE READ BY CITY ATTORNEY 6.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $200.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 6.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE EMPLOYEES' RETIREMENT PLAN AND TRUST, PROVIDING AN OPTION TO FUND RETIREE HEALTH INSURANCE PREMIUMS THROUGH EXCESS ACTUARIAL GAINS OF THE TRUST; PROVIDING FOR A COST OF LIVING ADJUSTMENT FOR RETIRED PARTICIPANTS BASED UPON ACTUARIAL GAINS AND LIMITED TO THE CONSUMER PRICE INDEX FOR URBAN CONSUMERS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 6.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO PARTICIPATION IN GROUP INSURANCE, PROVIDING THAT RETIRED OFFICIALS AND EMPLOYEES SHALL PAY ONE THIRD OF GROUP INSURANCE PREMIUM FOR CONTINUED PARTICIPATION; PROVIDING FOR AN ADDITIONAL GROUP INSURANCE SUBSIDY FOR PARTICIPANTS IN THE CITY RETIREMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A . REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) MINUTES CITY OF DANIA BEACH 3 SEPTEMBER 1 Z 2000 6.16 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS"; AMENDING THE CODE OF ORDINANCES TO REVISE THE PERMITS AND INSPECTION FEE SCHEDULE, AND PROVIDING THAT THE FEES SHALL BE SET FORTH BY RESOLUTION OF THE CITY COMMISSION; UPDATING CODE REFERENCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the titles of the ordinances for Items 6.12, 6.13, 6.14, and 6.16 for first reading. A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the Consent Agenda with the exception of Items 6.2, 6.5, 6.8, 6.9 and 6.15. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes Items Pulled from the Consent Agenda: 6.2 Approval of March 16, 1999 special meeting. • Commissioner Etling corrected a scriveners error on Page 2, last line, of the March 16, 1999, minutes by replacing "City Attorney Adler" with "City Attorney Ansbro". A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, correcting the minutes as presented and approving the minutes as amended. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes 6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Etling corrected "Dania" to "Dania Beach" in the document on the first and second pages. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, correcting the document as presented and adopting the resolution approving the lease as amended. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes • Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes MINUTES CITY OF DANIA BEACH 4 SEPTEMBER 12, 2000 ® 6.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A GRANT AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE IMPLEMENTATION OF THE "MILLENNIUM VOICES" PROJECT THROUGH THE BROWARD CULTURAL AFFAIRS COUNCIL; PROVIDING A TWENTY THOUSAND DOLLAR ($20,000.00) MATCHING CONTRIBUTION BY BROWARD COUNTY AS SPECIFIED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes requested that staff explain the grant agreement and define the City's matching amount. Jason Nunemaker, Assistant to the City Manager, explained that the grant was approved previously through the Cultural Arts and Education program with Broward County and that "Millennium Voices" refers to a collaborative process where images are turned in by children at Dania Beach Elementary. The images will be combined on a canvas to show the children their artistic differences and similarities. Mr. Nunemaker confirmed that the City's cost is actually $18,500 because there is some sponsorship through the City of Hollywood's Art and Cultural Center. City Manager Smith advised that the application was approved in the spring and that the funds are budgeted. Commissioner Mikes advised that funding is available from the Broward County School Board to fund nurses for schools in the City and that the cost to the City would be $4,000.00 for each of the three schools. The City Commission expressed support and agreed to discuss the funding for nursing services at the Preliminary Budget meeting tomorrow night. Vice-Mayor Bertino recommended that Hollywood be given an opportunity to contribute with Dania Beach for Olsen Middle School. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the resolution. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes -yes Vice-Mayor Bertino —yes Mayor McElyea-yes 6.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A THREE (3) YEAR AGREEMENT WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT THE AGREEMENT WITH BROWARD COUNTY SUPPLIES THE CITY OF DANIA BEACH WITH TWO (2) SHUTTLE BUSES AND PAYMENT FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Jason Nunemaker, Assistant to the City Manager, explained that this resolution is a renegotiation of previous public transportation services with Broward County that was implemented through the South Florida Tourism Council and South Florida Trolley Company. The focus on the previous agreement was to increase tourism. This new agreement will focus on providing residential services to grocery stores and Oakwood Plaza. Mr. Nunemaker mentioned that the City is looking • for a turn-key operation to allow Broward County to operate the service. MINUTES CITY OF DANIA BEACH 5 SEPTEMBER 1Z 2000 Commissioner Mikes expressed concern that adequate insurance coverage has been provided since the City will be transporting people and he asked about the types of vehicles that will be used. City Manager Smith advised that they will be shuttle buses and that the City will not have any more exposure than any other City vehicle and that the service will be within the City. Mr. Nunemaker suggested that the City increase the service hours to reduce costs as the City will be paying in the beginning $26.50 to $27.50 per service hour in the beginning and that costs will be supplemented once revenues from the One-Cent Tax for public transportation are distributed. The fare cannot exceed fifty cents ($.50) and revenues from advertising inside the vehicles will have to be negotiated at a later date. Iry Minnie, Contract Administrator with Broward County Transit, advised that if the City decided to provide the service 6 or 7 days a week, the City will still get the $20.00 per hour regular service rate and he encouraged the City to increase the hours for service. Commissioner Cali clarified that the agreement provides assistance from Traffic Planners for Broward County Transit in working out the routes and expressed support of the program based on community needs. Vice-Mayor Bertino encouraged additional stops at the condominiums to provide service to the elderly. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution approving the agreement. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes 6.15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF AN AGREEMENT OF LEASE AMONG THE CITY OF DANIA BEACH AND WHISKEY CREEK,FOOD & TACKLE, INC. PERTAINING TO A PARCEL OF LAND LOCATED AT DANIA BEACH FISHING PIER AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBITS TO LEASE AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE AGREEMENT OF LEASE 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. Commissioner Etling recommended additional review before second reading on Page 4 to define "parcel" after determining the size of the dock space that will be available for the public and the restaurant operator to accommodate patrons traveling to the restaurant by boat. Mayor McElyea expressed his dissatisfaction that the agreement has included a 20 year lease plus two 10-year extensions on an option when it was represented and agreed with Pier Pointe that the lease would be for 20 years. He recommended further review at a special meeting since this is a very important business decision. Commissioner Mikes and Vice-Mayor Bertino agreed that a workshop meeting should be held prior to second reading with the Whiskey Creek/Tarpon Bend representatives. • A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the ordinance on first reading. The motion passed on the following 5/0 roll call vote. MINUTES CITY OF DANIA BEACH 6 SEPTEMBER 1 Z 2000 • Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes Item 11.5 was heard. 7. BIDS AND REQUESTS FOR PROPOSALS: None 8. PUBLIC HEARINGS 8.1 RZ-32-00 — Rezoning request by Calvin, Giordanno &Associates, representing Wilson Atkinson of Griffin Point, Inc., for property located on the north side of Griffin Road, just east of SW 23rd Avenue (also known as the Sheldon Mobile Home Park). AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY WILSON ATKINSON, PRESIDENT OF GRIFFIN POINTE, INC., FOR PROPERTY LOCATED AT NORTH OF GRIFFIN RD., EAST OF THE SHELDON MOBILE HOME PARK AND SOUTH OF SW 45T" ST., 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 8.9 ACRE PROPERTY FROM BROWARD COUNTY R1-C (SINGLE FAMILY) AND B-2 (COMMERCIAL) TO THE CLASSIFICATION OF CITY OF DANIA BEACH C-1 (LIMITED COMMERCIAL) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro advised that the Public Hearing items are Quasi-Judicial proceedings and encouraged the City Commission to present any communications that they may have had on these issues. City Attorney Ansbro read the title of the ordinance for second reading. Commission disclosures: Commissioner Cali advised of discussions with several members on the project. Laurence Leeds, Growth Management Director, explained the location of the property and advised that staff recommends approval of the rezoning to C-1. However, staff is recommending that the applicant meet with the community to address access to SW 45th Street and traffic impact on the surrounding residential neighborhood. Shelly Eichner, Calvin, Giordano &Associates, stated that the entrance on 45th Street will be designed so that traffic exiting from the site will be prohibited from turning left (west) towards the residential community and will be forced to exit toward Ravenswood Road (east). Ms. Eichner assured the City Commission that Griffin Pointe, Inc. will commit to this restriction as was provided at the land use change and in the future with Site Plan review. Commissioner Mikes stated that City Attorney Ansbro was supposed to place a restrictive covenant on the plat restricting the use of the property to Office Park as was agreed by Attorney Atkinson. Ms. Eichner explained that the platting process has not been started because the zoning has to be in place first. She assured the City Commission that the restrictive note would be added to the plat MINUTES CITY OF DANIA BEACH 7 SEPTEMBER 1 Z 2000 and that Griffin Pointe is still working towards a conceptual plan for a 140,000 square foot office • floor area. She advised that they are using the same County's trip rates on traffic for the project. Mr. Leeds clarified that the zoning classification does not place any limit on the total square footage for office floor area and that the best way to put a limit on the square footage would be to have the applicant voluntarily deed restrict the property with a capon the office floor area. Mr. Leeds noted that plat note could be changed by Broward County. He explained that the note on the plat is used primarily to calculate impact fees and that the applicant can place the restrictive covenant on the property at any time. Mr. Leeds advised that the applicant will still go through the Site Plan procedure and if the rezoning is approved tonight, the City is basically relying upon the applicants voluntary commitment to add the restrictive covenant at a later date. Attorney Wilson Atkinson, President of Griffin Pointe, Inc., disagreed with Mr. Leed's recommendation on requiring the restrictive covenant at this time since they have agreed to add the restriction at Site Plan review. The conceptual site plan shows two - 20,000 square foot buildings (One 3 story building -60,000 sq.ft. and one 4 story building —80,000 sq.ft.). He expected the traffic numbers with Broward County to remain the same and he mentioned that a Site Plan can not be completed without the plat approval, the platting cannot be done without the zoning, and the zoning cannot be assigned until the land use is approved. Mr. Atkinson mentioned that he is not sure, at this time, if he will be able to provide the required parking for two-4 story buildings. He requested that the rezoning be approved and assured the City Commission that Griffin Pointe has no plans to sell the property. City Attorney Ansbro agreed that it would be better to include the restrictive covenant at Site Plan review. Mr. Leeds agreed that plats are usually approved before Site Plan review. Mayor McElyea opened the public hearing. Jay Field urged the City Commission to continue to maintain control over what goes into property developments and was still concerned with traffic impact on the residential neighborhood. Josie Megna, 2229 Griffin Road, expressed dissatisfaction with Mr. Field's comments on traffic and urged the City Commission to approve the rezoning. Hearing no further comments, Mayor McElyea closed the public hearing. Commissioner Mikes requested that Mr. Atkinson agree to recording the restrictive covenant at this time. Mr. Atkinson mentioned again that he would record the restriction as part of the development phase but refused to recommend to his client to record the restriction as part of the rezoning approval. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the ordinance on second reading. The motion passed on the following 4/1 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —no Vice-Mayor Bertino—yes Mayor McElyea-yes • MINUTES CITY OF DANIA BEACH 8 SEPTEMBER 12, 2000 8.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ORDINANCE • NO. 22-99 TO CORRECT A SCRIVENER'S ERROR, BY REMOVING "VINYL SIGN FABRICATION AND SIGN PRINTING SHOPS" FROM THE PERMITTED USES CATEGORY IN THE C-2 DISTRICT AND ADDING IT TO THE SPECIAL EXCEPTION USES CATEGORY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading. Laurence Leeds, Growth Management Director, advised that the vinyl sign fabrication and sign printing shop use was initiated by Mr. Cepek to allow expansion of his business located in the western portion of the City. Mr. Leeds advised that Mr. Cepek's project was approved as a Special Exception Use. City Attorney Ansbro advised that this is a house keeping matter and that the ordinance will correct the code section. 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 Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the ordinance on second reading. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes 8.3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A RECOGNITION AGREEMENT AMONG THE CITY, BANC OF AMERICA COMMERCIAL FINANCE CORPORATION AND HARBOUR TOWNE ASSOCIATES, PERTAINING TO A PARCEL OF LAND LOCATED WITHIN THE AREA KNOWN AS HARBOUR TOWNE MARINA MORE PARTICULARLY DESCRIBED IN THE RECOGNITION AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE RECOGNITION AGREEMENT BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading. Assistant City Attorney Elaine Cohen, Weiss, Serota, et al, explained that the Recognition Agreement is for Harbour Towne's lender and that the Recognition Agreement relates to the Assignment of the lease as trustee to Harbour Towne that was approved February 8, 2000 by the City Commission. The Recognition Agreement sets forth the rights of the bank if there is a default under the lease or if they have to foreclose their interest in the lease. Commissioner Mikes questioned Attorney Cohen on how the funds will be used that are being granted to Harbour Towne by the City signing the Recognition Agreement. Attorney Cohen did not know how the funds were going to be used and clarified that the funds are not required to be used for improvements on the Harbour Towne property. Commissioner Mikes stated that this agreement is a direct violation under Section 2.13 in the original Harbour Towne Lease with the City as follows: "The lessee is not to mortgage or otherwise encumber the leasehold interest created by the lease agreement unless such mortgage MINUTES CITY OF DANIA BEACH 9 SEPTEMBER 12, 2000 encumbered is for funds to be used for improvements soft and hard cost to be constructed on the . leased premises". Commissioner Mikes mentioned that this agreement was first brought before the City Commission as a resolution under the Consent Agenda and that he had to insist that it be placed on the agenda as an ordinance. The Recognition Agreement is a significant contradiction to the lease terms and the first Recognition Agreement should not have been approved by resolution back in 1989. Attorney Cohen advised that there are no changes to the original Recognition Agreement that was presented and it was her opinion that the City is legally bound by the first Recognition Agreement. Commissioner Mikes recommended that terms be negotiated on behalf of the City and that those terms be addressed at this time along with the Recognition Agreement. He was of the opinion that the City is not obligated to approve this agreement in accordance with the original lease and that there are complications with 20 some subleases that have also been added that were not part of the original Recognition Agreement. Commissioner Mikes recommended continuing Second Reading and including discussion of this Recognition Agreement to the workshop when the Pier Restaurant issue is also being heard. Attorney Cohen advised that the Recognition Agreement will make Harbour Towne the trustee under the lease instead of Southeast Bank. Commissioner Cali was of the opinion that the Recognition Agreement provides the City a better position to deal directly with Harbour Towne representatives who are running the marina and that the City would be in a better negotiation position for additional changes to the lease. City Attorney Ansbro clarified that the Charter provides for any lease for less than 20 years to be approved by ordinance and that the balance of this lease is 14 years. The only reason the matter is being heard by ordinance is because of the City Commission's desire to hold a public hearing. Attorney Cohen thought that there was 10 years left on the lease. City Attorney Ansbro advised that previous City Attorney Adler signed off on a Recognition Agreement in 1989 and that there was another Recognition Agreement signed in 1998. Vice-Mayor Bertino pointed out that the one in 1989 would have required an ordinance instead of a resolution. Attorney Janna Risman, representing Harbour Towne, advised that Harbour Towne will take the position that the City is bound by the previous Recognition Agreement and she pointed out that this new Recognition Agreement will allow Harbour Towne to buy the lease from Southeast. The City will then be able to deal directly with the people who have been operating the marina for so many years. In addition, the future advancements do not relate to the improvements in the original lease as they already exist at Harbour Towne. Commissioner Cali urged the City Commission to adopt the ordinance tonight since this lease is an asset of Southeast Bank and could be sold by Southeast to another party. Commissioner Mikes recommended continuing the Recognition Agreement and modifying the language down to bare minimum requirements. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, continuing second reading of the ordinance to September 26, 2000, so that further discussion can be heard at the workshop meeting on the Pier Restaurant. The motion passed on the following 3/2 roll call vote. Commissioner Cali —no Commissioner Etling-no Commissioner Mikes —yes Vice-Mayor Bertino—yes MINUTES CITY OF DANIA BEACH 10 SEPTEMBER 1 Z 2000 Mayor McElyea-yes • 8.4 PL-21-00 — Plat approval request by Trafalgar, Inc. for property located on the north side of Sheridan Street directly west of the Sheridan Ocean Club Apartments and directly north of the existing veterinary clinic. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "VETS 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 "VETS PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading. Laurence Leeds, Growth Management Director, supported plat approval and advised that the concerns of the City's Fire Marshal can be addressed at Site Plan review. Shelly Eichner, Calvin, Giordano &Associates, was present to request approval and agreed to address emergency access at Site Plan approval. 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 Vice-Mayor'Bertino, seconded by Commissioner Etling, adopting the ® ordinance on second reading. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes 8.5 AN ORDINANCE ESTABLISHING HISTORIC PRESERVATION IN THE CITY OF DANIA BEACH; PRESCRIBING A PROCEDURE FOR DESIGNATING HISTORIC BUILDINGS AND LANDMARKS; ADOPTING ARCHITECTURAL GUIDELINES FOR ALTERATION OR DEMOLITION OF DESIGNATED HISTORIC PROPERTIES; ADOPTING AMENDMENT 3 RELATING TO AD VALOREM TAX EXEMPTIONS FOR QUALIFIED HISTORIC PROPERTIES AS PROVIDED IN THE FLORIDA STATE CONSTITUTION AND BY THE FLORIDA LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading. Assistant City Attorney Doug Gonzales, Weiss, Serota, et al, explained that property owners are not restricted from making changes to their properties and that the ordinance allows the City to exert additional architectural control and demolition review of designated historical properties. Once a property satisfies the criteria for historical designation, the property owner must apply through a Certificate of Appropriateness to make changes to the exterior of the property. In no way is the City taking the property or preventing the property owner from making repairs or improvements. The interior could be changed without permission from the City and if the property owner wanted to demolish the property and the City denied the request, the property owner could appeal the decision with the City Commission within 30 days of the commissions' decision. MINUTES CITY OF DANIA BEACH 11 SEPTEMBER 12, 2000 • Mr. Gonzales clarified that the ordinance provides the City the opportunity to protect historical properties but it is not a certified ordinance pursuant to the State historic preservation office and that there is no affect on ad valorem taxes. A property must be designated under National Historic Landmark criteria and the City must have a certified ordinance before ad valorem taxes could be affected. Mayor McElyea stated that he does not want the Dania Beach Hotel, Hotel Poinciana, and Frost House exempted from taxes. In addition, Mr. Gonzales confirmed that the six properties in Item 8.6 being designated historic landmarks are not exempt from the City's tax base. Commissioner Cali mentioned his efforts on the Fort Lauderdale Historic Preservation Board and recommended the designation of a Historic Preservation Board, separate from the City Commission, to hear appeals. Mr. Gonzales advised that he was the Vice-Chairman of the Hollywood Historic Preservation Board and that Hollywood did establish a separate board generally because of the size of Hollywood. Mr. Gonzales advised that based on his experience the majority of cities in Florida have their City Councils or City Commissions acting as both initial arbiter as well as the appellate board. Mr. Gonzales agreed to provide the City Commission a list of those cities. Commissioner Cali mentioned that there may be a conflict of interest on real estate transactions with properties designated as historic which are being handled by Vice Mayor Bertino when he would also be sitting as a member on the Historic Preservation Board. City Manager Smith pointed out that the City has had difficulty in the past finding members with technical specialties to serve on certain boards. Mayor McElyea suggested utilizing the Unsafe Structures Board for this function. City Attorney Ansbro recommended adoption of the ordinance tonight to move forward and allow staff to discuss with Dr. Adams the possibility of creating another board that might also use members from outside the City. ® Laurence Leeds, Growth Management Director, agreed that the Unsafe Structures Board would be a good selection, however, he was concerned that property owners might be hesitant in having their properties designated historic if the process expands to two boards. Mayor McElyea opened the public hearing. David Friedman, Attorney for Gilbert Berken, M.D., owner of the Bank of Dania Building, opposed the Historic Ordinance applying to the Bank of Dania Building and the City Commission being designated as the Historic Preservation Board. He also stated that some of standards outlining the description of what is a historic building are vague and undefined. Attorney Friedman pointed out comments in Dr. Adam's letter dated March 23, 1998, regarding the City's historical district not meeting the criteria for listing in the National Historic Register for historic places because of the loss of historic integrity experienced by the buildings defined in the district. Carol Christ-Moral urged passage of the ordinance. Gary Garafalo agreed that there should be a separate entity to hear the appeals. Richard Lehman supported the ordinance. Hearing no further comments, the mayor closed the public hearing. Vice-Mayor Bertino recommended that staff bring back an amendment to this ordinance in the future addressing the possibility of establishing another board, possibly Unsafe Structures, for the appeal process. The City Commission generally agreed. MINUTES CITY OF DANIA BEACH 12 SEPTEMBER 12, 2000 • A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the ordinance on second reading. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes 8.6 Request to designate historical properties within the City of Dania Beach. These sites include the Nyberg-Swanson House, Dania Woman's Club, Bank of Dania, Dania Beach Hotel, Hotel Poinciana and the Martin Frost House. AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION, WITH THE CITY COMMISSION SITTING AS THE HISTORIC PRESERVATION BOARD, DESIGNATING THE FOLLOWING AS HISTORIC BUILDINGS AND LANDMARKS WITHIN THE CITY OF DANIA BEACH, INCLUDING THE NYBERG-SWANSON HOUSE, DANIA WOMAN'S CLUB, BANK OF DANIA, DANIA BEACH HOTEL, HOTEL POINCIANA AND THE MARTIN FROST HOUSE, PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading. Attorney Doug Gonzales clarified that the two historic ordinances before the City Commission tonight deal specifically with individual properties and not a district. He agreed with Attorney Friedman that the City did not meet the criteria for designating a historical district as was stated in • Dr. Adam's letter in 1998. However, Attorney Gonzales disagreed that the criteria used for defining historic properties are vague because the language comes directly from regulations established by the National Park Service and the language is used in the National Register of Historic Places. Commissioner Cali suggested a continuance of the ordinance until after the amendment creating a separate board for hearing appeals is established. Commissioner Mikes urged the City Commission to go forward with the ordinance to reduce the exposure of the properties being designated historic. Commissioner Cali recommended that a motion be made on each individual parcel. Commissioner Etling confirmed that surveys were conducted by Dr. Adams on each of the properties being designated and that Dr. Adams is an expert in the historic preservation field. Mr. Gonzales agreed. Mayor McElyea opened the public hearing. David Friedman, Attorney for Gilbert Berken, M.D., owner of the Bank of Dania Building, opposed the Historic Preservation Ordinance applying to the Bank of Dania Building. He stated that the only survey he was able to locate on these properties was conducted in 1993 by FSU students and that Dr. Adams has stated his concerns with that survey. Attorney Friedman supplied a memorandum, for the record, with exhibits stating his reasons for opposing the historical designation of the Bank of Dania Building. MINUTES CITY OF DANIA BEACH 13 SEPTEMBER 12, 2000 Commissioner Mikes clarified with Vice-Mayor Bertino that the first ordinance was adopted without the condition of an amendment creating another board to hear appeals. Richard Lehman discussed with Commissioner Etling the process used in other communities to designate historic properties. Commissioner Etling stated that the City is relying upon the authority and expertise of Dr. Adams, one of the nations foremost historic experts, in designating these six properties. Commissioner Etling pointed out that the City has to start somewhere in preserving historic properties and that adoption of these ordinances is a good start. Commissioner Cali pointed out that there are some government tax credits available to owners of historic properties and that the City does not possess the criteria required to designate a historic district. Dr. Berken presented information on significant changes that have been made to the Bank of Dania Building since 1976 when he purchased the property and disagreed that the building meets the criteria for being designated as historic. Hearing no further comments, Mayor McElyea closed the public hearing. For the record, Vice-Mayor Bertino stated that the City is relying on Dr. Adams expertise for adopting this ordinance. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, adopting the ordinance on second reading designating all six (6) properties. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes (continued from 8/22/2000 regular meeting) 8.7 SA-101 B-99 — Rehearing of sign adjustment request by Robert Fronek of Dania Beach Florist for property located at 64 S. Federal Highway, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2000-059, ADOPTED APRIL 25, 2000, AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION APPROVING A SIGN ADJUSTMENT REQUEST (SA-101 B-99) SUBJECT TO CERTAIN TERMS AND CONDITIONS, SUCH SIGN ADJUSTMENT REQUEST SUBMITTED BY ROBERT FRONEK, DANIA BEACH FLORIST, FOR PROPERTY LOCATED AT 64 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the resolution. Laurence Leeds, Growth Management Director, explained that Mr. Fronek, Dania Beach Florist, was approved for a Sign Adjustment in April with conditions that he install landscaping by digging up his sidewalk on the east and south sides of the building. A letter from Mr. Fronek has been provided in the backup explaining that the landscaping installation would be cost-prohibitive because he is a tenant and does not own the property. Mr. Leeds advised that Mr. Fronek is requesting to install landscaping in some various pots along the east and south sides of the building as outlined in the attached drawing as an alternative. MINUTES CITY OF DANIA BEACH 14 SEPTEMBER 12, 2000 • Mr. Fronek advised that he plans to install plants in four pots and in two window boxes in lieu of digging up the sidewalk and installing shrubs. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the resolution approving the landscaping plans as presented by Mr. Fronek. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room. Commissioner Cali —yes Commissioner Etling-yes Vice-Mayor Bertino —yes Mayor McElyea-yes 8.8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN EMPLOYMENT CONTRACT WITH MICHAEL W. SMITH AS CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the resolution. City Manager Smith explained that the whole idea of an employment contract is to have a business relationship between the manager and the council. The contract provides protections for both the City and himself. The agreement that has been presented is not entirely desirable for him as there are some limitations because of current Charter requirements. He was hopeful that some changes could be made in the future to the Charter to make the contract more compatible with standards in the City Manager profession. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Commissioner Etling mentioned that some months ago there was discussion on the continued employment of City Manager Smith and that he raised the issue of a contract so that the City Commission would have some measure of accountability for the City Manager's performance. As it stands now, the City Manager is subject to five different interpretations of how he should be performing. Commissioner Etling was concerned that there is no provision on what happens to the assorted benefits provided in the contract should the City Manager resign. He also recommended that performance criteria be provided and made a part of the contract before the City Commission takes action. City Manager Smith advised that there is a date in the contract providing for a time to establish the criteria. Commissioner Mikes was of the opinion that it was inappropriate to present this contract due to the fact that some of the City Commissioners' terms are ending. Commissioner Mikes mentioned his dissatisfactions with the City Manager that were previously presented. He mentioned his request for a work plan that would be based on a period of 18 months and a professional evaluation from the ICMA that were never provided to the City Commission by the City Manager. City Manager Smith advised that establishing goals and objectives requires mutual involvement with the City Commission. Commissioner Mikes advised that he would like to establish goals and objectives but was not convinced that Mr. Smith's performance would change with a contract. MINUTES CITY OF DANIA BEACH 15 SEPTEMBER 12, 2000 Commissioner Mikes felt that Mr. Smith has some shortfalls compared to previous City Manager Flatley. Vice-Mayor Bertino clarified that he has nothing personal against City Manager Smith and that he is doing an adequate job. He disagreed with providing a contract for the city manager since the City of Dania Beach is mostly a "blue collar" community and very few people living in the City have contracts for employment. He also mentioned that contracts have never been used for the city manager position in his 20 plus years as commissioner. The contract that has been provided would be very expensive to the taxpayers of the City and he disagreed with paying benefits to a city manager for not doing a good job. Vice-Mayor Bertino stated that the City Commission has to make the decision on whether or not the City Manager is doing a good job and that it makes no sense to provide benefits that amount to some $100,000 to the City Manager at the time of termination. Vice-Mayor Bertino was not opposed to including a three (3) month severance package, a performance evaluation process, and provisions for termination for cause and without cause. City Attorney Ansbro mentioned that the contract provides a morals clause whereby the city manager would be prohibited from receiving benefits if he was convicted of a crime, moral turpitude or fraud. Vice-Mayor Bertino mentioned that on May 16th the City Manager was directed to bring back performance evaluation information from ICMA and that the next six months could be used to establish the performance process so that the new commission elected in March could consider a contract at that time. Commissioner Mikes pointed out that the City of Dania Beach does not have a chaotic past of firing city managers and that it should not be made difficult for the City Commission to take action to terminate a city manager if they so choose. He did not feel that City Manager Smith controls cost well enough and that the City Commission must be able to exert pressure when things are not getting done in the City. He disagreed with providing insulations for the City Manager from City Commission action to terminate. City Manager Smith requested a continuance of the contract. Commissioner Etling was of the opinion that there is no consistency in the expectations of what the City Manager is supposed to do with regards to each commissioner and that this should be spelled out in the contract. He thought that there must be a boiler plate set of performance reviews and expectations that could be tailored to the City. Commissioner Etling advised that employees working with the School Board who have contracts have a clearer understanding of what is expected of them. Mayor McElyea disagreed that a contract would make a difference in the performance of the city manager and that a $10,000 bonus should not be granted just because he's been here for five years. Mayor McElyea agreed that City Manager Smith does need direction and that he cannot be expected to work under conditions where city commissioners do not communicate with him. Commissioner Mikes stressed the need for better communication and documentation to be provided to the City Commission and that status reports should be available to keep the commission informed. He mentioned that Broward County uses a form for commissioners to fill out that provides a time line on requests. MINUTES CITY OF DANIA BEACH 16 SEPTEMBER 12, 2000 • Vice-Mayor Bertino advised that the way the Charter was changed in 1998, the City Manager has the power to fire department heads and that the City Manager is in a better position since it would take at least three people that would have to be mad at him before he would be fired. In addition, no city managers have ever been fired during the 24 years that he has been serving on the City Commission. Mayor McElyea stated that enough of City Attorney Ansbro's time has been taken up preparing this document and as long as the city manager is doing a good job he won't need a contract. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to table the contract until the City Manager has provided performance measurement information from ICMA. The motion passed on the following 3/2 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —no Mayor McElyea-no 9. CITIZENS' COMMENTS: 9.1 Shani White- request for resolution recognizing 5th Anniversary Commemoration of the Million Man March, October 16, 2000. Shani White requested financial assistance from the City to sponsor a bus to transport Dania Beach residents to Washington, D.C. for the Million Man march on October 16th that is in support of family issues. She clarified that the march is not in support of Louis Farrakhan or the Nation of Islam. Commissioner Cali suggested that Ms. White obtain information on the costs for the bus for the one day and bring this information to the City Manager in the morning so that the issue could be discussed at the budget meeting scheduled tomorrow night. 9.2 John Nordinger— landscaping between Griffin Road and Dania Cut Off Canal. Mr. Nordinger expressed his dissatisfaction that the landscaping required of American Offshore Marine has not been completed. As a resident in the area, he requested that the landscape buffering be thick so that it is compatible with the vegetation on the Dania Cut-Off canal. City Manager Smith advised that Mr. Zen Mierzwa is required to complete the landscaping before he can be issued a Certificate of Occupancy on his building. Commissioner Mikes stated that Zen Mierzwa cut down trees on the right of way area that was not owned by him and that he was required to install additional landscaping to buffer the residential community at the time of Site Plan approval for his marina building. Zen Mierzwa, American Offshore Marine, advised that he has agreed to install 6 Royal Palms and 6 Mahoes Trees and that the Australian Pines had to be removed in order to install the palms. Mr. Mierzwa explained that he was told by the City after he removed the Australian Pines not to go back on the property and that he does have a foundation permit and is still awaiting the issuance of a building permit. MINUTES CITY OF DANIA BEACH 17 SEPTEMBER 12, 2000 Laurence Leeds, Growth Management Director, advised that he can issue the building permit once Mr. Mierzwa brings in his required building plans. Mr. Leeds assured the City Commission that he will check the project thoroughly to ensure that all requirements have been met. After discussion, Mr. Leeds clarified the following: 1) Mr. Mierzwa will install 7 Royal Palms and 6 Mahoes. 2) Mr. Mierzwa will complete the tree installations within 45 days. 4) Mr. Mierzwa will maintain the sea grape vegetation if possible. 5) Mr. Mierzwa will remove the Australian Pines. Mr. Leeds agreed to work with the City's Landscape Consultant to ensure that the existing scrubby vegetation can be maintained with the installation of the Royal Palms and Mahoes. 10. COMMISSION COMMENTS-no comments 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion of amendment to terms for the 5th member and the 5th member alternate on the Civil Service Board. (Kurt Ely) A motion was made by Vice-Mayor Bertino, seconded by Mayor McElyea, after passing the gavel, to continue the item to September 26, 2000, regular meeting. The motion passed unanimously. Item 11.3 was heard after Item 11.1. Item 11.2 was heard after Item 11.5. 11.2 Request by First Nationwide Mortgage Corporation for abatement of CEB98-0173 to $2,500.00 for property located at 5201 SW 28 Avenue and previously owned by Steven and Janet Graham. (Special Counsel Tim Ryan) Tim Ryan, Special Counsel for the Code Enforcement Board, was recognized for his success in obtaining a second term in the Florida House of Representatives. Attorney Ryan explained that the City Commission denied a request by the bank for an abatement of$500.00 for this property and that a foreclosure and lis pendens filed against the property reduced the City's opportunities for collecting the full $6,175.00 lien. He recommended that the City accept the mortgage holders offer to reduce the lien down to $2,500.00 to settle the matter. Attorney Ryan explained that a new procedure is being implemented with Code Enforcement to conduct title searches on properties after a Final Order is entered so that lis pendens which are not otherwise disclosed in the property appraiser's records will be located in the title search prior to the Code Board's hearing to confirm the fine. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, abating the lien to $2,500.00 to be paid by First Nationwide Mortgage Corporation. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes MINUTES CITY OF DANIA BEACH 18 SEPTEMBER 12, 2000 Mayor McElyea-yes Item 8.1 was heard after Item 11.2. Item 11.3 was heard after Item 11.1. 11.3 Request by Rosemary Wright for reconsideration of the action imposed by the City Commission on June 13, 2000, regarding lot mowing liens filed against property legally known as Lot 13, Blk 3 College Tract. (City Manager) Due to the absence of Rosemary Wright, the City Commission removed the item from the agenda. 11.4 Request to renew Occupational License for South Florida Sports Committee, Inc. dba/Air Dania Motocross Park. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, renewing the Occupational License for one year. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino—yes Mayor McElyea-yes Item 11.6 was heard after Item 11.4. Item 11.5 was heard after Item 6.15. 11.5 Request to use I.T. Parker Community Center for First Annual Holiday Art Auction to benefit Dania Beach Main Street, Inc., on December 6, 2000. (Commissioner Etling) Richard Lehman and Carol Christ-Moral presented information on the auction. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, granting the request to use the I.T. Parker Community Center on December 6, 2000. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes Item 11.2 was heard after Item 11.5. Addendum: 11.6 Request by Don Drybread, d/b/a Santa's Magical Village, to operate a temporary carnival from November 9, 2000 to January 7, 2001 located near the "Dania Beach Hurricane" roller coaster at Grand Prix. Laurence Leeds, Growth Management Director, explained that staff could recommend approval with nine conditions listed in the staff report. • MINUTES CITY OF DANIA BEACH 19 SEPTEMBER 12, 2000 A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the request as presented with the following nine conditions as amended: 1. No more than four (4) on site recreational vehicles permitted (accommodations for on-site security). No other on-site recreational vehicles permitted. 2. Two (2) special-detail sheriff's deputies to be provided whenever the carnival is operating. Officers to be located as directed by Police Chief (one inside the carnival, one outside in parking areas.) 3. Lighting to be provided for the access roadway located south of the FPL transmission lines. Driveway surface to comply with Fire Department road compaction requirements. 4. Applicant to comply with Fire-Rescue comments as per letter of September 8, 2000 (attached). 5. Applicant to comply with Building Division comments as per letter of September 8, 2000 (attached) 6. Signs adjacent to Bryan Road to be located on private property (excludes signs approved by FDOT in FDOT road-right-of-way.) 7. Carnival approval to extend from November 9, 2000 to January 7, 2001. 8. Applicant to comply with additional conditions as deemed necessary by Fire Rescue and BSO during carnival operation. 9. On-site trailer storage permitted subject to appropriate camouflage being placed on the trailers at the discretion of the Growth Management Director. The motion passed on the following 5/0 roll call vote. Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes 12. APPOINTMENTS— no appointments were submitted. 12.1 Appointment of 2 members to the Airport Advisory Board. 12.2 Appointment of 2 members to Human Relations Board. 12.3 Appointment of 1 member to the Marine Advisory Board. 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. 12.5 Appointment of 4 members 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 advised that Wayne Rokes , retired DEA agent, will be conducting a drug prevention program at City Hall on Friday, September 15th from 6:00 to 8:00 p.m. The program is sponsored through the South Florida HIDTA Grant and BSO. MINUTES CITY OF DANIA BEACH 20 SEPTEMBER 1Z 2000 Reminder: September 13 at 7:30 p.m.-Preliminary Budget Hearing. City Manager Smith advised • that an addendum has been added to discuss RFP's on the Community Redevelopment Agency and Business Improvement District projects. City Manager Smith advised that he would be out-of-town at an ICMA conference September 15tn _ September 20 in Cincinnati, Ohio and asked that Jason Nunemaker be appointed Acting City Manager. 13.2 City Attorney-no comments 14. ADJOURNMENT This meeting adjourned at 11:58 p.m. K. MCELYEA MAYOR— COMMISSIONER ATTEST: SHERYL CHAPMAN ACTING CITY CLERK • Respectfully submitted: Charlene Johnson Deputy City Clerk APPROVED BY THE CITY COMMISSION: September 26, 2000 MINUTES CITY OF DANIA BEACH 21 SEPTEMBER 12, 2000