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HomeMy WebLinkAbout2000-11-14 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 14, 2000 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 7:30 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Due to the absence of Reverend Louis Sanders, Greater Trinity Baptist Church, Bobbie Grace, former Mayor and City Commissioner, presented the invocation. 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. CITIZENS' COMMENTS: Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may be made during each Commission meeting during the period set aside for"citizen comments." A thirty (30) minute"citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission shall determine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all speakers,or(b)whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 4.1 Mr. Tarpley urged the City to review its methods of planting trees in the swale areas due to the root damage that he believes can be caused to water and sewer lines, sidewalks and drainage. 4.2 Vito Mancino, 314 SE 10 Street, mentioned his efforts to contact Mr. Jack Pacone, Supervisor of Elections Office, regarding the need to change the voting precinct at Olsen Middle School because the room provided by the school is too small to handle the number of voters, there is a lack of proper directional signage, and parking is inadequate. He also noted that the United States Flag was not flown at the precinct. Commissioner Cali agreed that the precinct needs to be changed to another location within the City. MINUTES 1 NOVEMBER 14, 2000 REGULAR MEETING 4.3 John Nordinger, 1409 NW 7 Street, reported on the status of the landscaping being installed by Zen Meirzwa, American Offshore Marine, and thanked the City Commission for its support of the residents in the area. 4.4 Lea Gregg, 178 NE 6 Court, was dissatisfied with the amount of trash left along side streets and main streets in the City. City Manager Smith advised that Code Enforcement has a lien process that is followed to ensure that trash is cleaned up on private property and that the Florida Department of Transportation is responsible for Federal Highway. Vice-Mayor Bertino mentioned that there are code teams assigned from the Public Works Department that follow up in designated areas of the City to ensure that trash is picked up. Bud Palm, Utilities Director, was asked to check into Ms. Gregg's concerns. 4.5 Craig McAdams, 320 NE 2 Court, mentioned the noise that is coming from the staging areas for taxis on Taylor Lane during early morning hours. City Manager Smith advised that Broward County Code Enforcement has contacted the owner of the property and that the noise should be reduced. 4.6 Bobbie Grace, 110 NW 8 Avenue, expressed her support of Item #11.5 regarding the renaming of Sun Garden Isles Park located at NW 14 Way to Mildred Jones Park. Item 11.5 was heard at this time. 5. PRESENTATIONS: Item 5.1 was heard after Item 11.5. 5.1 BSO "Deputy of the Month" - Detective Michael Tame Chief Anton commended Detective Michael Tame for his efforts that resulted in the arrests of two suspects charged for car thefts at Meadowbrook Condominiums. Chief Anton congratulated the City for winning three areas in the recent annexation vote and commended BSO staff members, C.O.P. (Citizens On Patrol) and Turn Around Dania Beach members for volunteering time to distribute informational brochures to residents prior to the election November 7ct, 6. PROCLAMATIONS: None. Items pulled from the Consent Agenda; Commissioner Etling pulled items 7.3, 7.6, 7.13, Commissioner Mikes pulled Items 7.14 and 7.15 and Mayor McElyea pulled Items 7.11 and 7.12. 7. CONSENT AGENDA (including expenditures): Bills: 7.1 Approval of Bills for the month of September, 2000. utes: MINUTES 2 NOVEMBER 14, 2000 REGULAR MEETING -0.2 Approval of October 24, 2000 Regular Meeting minutes. .4 Approval of February 10,1999 Regular Meeting minutes. 7.5 Approval of May 11,1999 Regular Meeting minutes. Resolutions: 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE LOCAL MITIGATION STRATEGY (LMS) ADOPTED BY THE BROWARD COUNTY BOARD OF COMMISSIONERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING FOUR (4) CHANGE ORDERS AMOUNTING TO $6,499.00 SUBMITTED BY CORAL-TECH ASSOCIATES FOR REMODELING OF THE BSO RESTROOMS; PROVIDING THAT THE ORIGINAL CONTRACT AMOUNT OF $49,800.00 SHALL BE INCREASED TO $56,299.00 FOR SAID PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RECOMMENDATION OF THE HUMAN RELATIONS BOARD ON THE DISTRIBUTION OF $10,000.00 TO BE DONATED TO FOUR (4) CHARITY ORGANIZATIONS; AUTHORIZING THE FINANCE DIRECTOR TO EXPEND FUNDS FROM A COMBINATION OF ANNUAL BUS BENCH REVENUES ($3,000.00) AND GENERAL FUNDS ($7,000.00) AS APPROVED BY THE CITY COMMISSION AT ITS BUDGET MEETING ON SEPTEMBER 28, 2000; FURTHER, PROVIDING AN EFFECTIVE DATE. 0.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE LIFEPAK 12 DEFIBRILLATOR/MONITOR FOR THE FIRE RESCUE DEPARTMENT AT A COST OF $17,565.00; PROVIDING THAT THE LIFEPAK BE PURCHASED FROM MEDTRONIC/PHYSIO-CONTROL, SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances— Title to be read by city attorney 7.16 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES ON THE CITY, BY REPLACING THE TERM "HEALTH OFFICER" WITH "CODE OFFICER" (SECTION 13-22); REPLACING THE TERM "CITY MANAGER" WITH THE TERM "CODE OFFICER" (SECTION 13-23); ADDING A SUBSECTION TO ALLOW THE CITY TO RECORD A NOTICE OF LIEN AND PROVIDE FOR THE PRIORITY OF SUCH LIENS (SECTION 13-32); ADDING A SUBSECTION TO SECTION 13-32 TO AUTHORIZE THE CITY TO FORECLOSE UPON PUBLIC WORKS LIENS PLACED UPON PROPERTY FOR VIOLATIONS OF CHAPTER 13; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) After City Attorney Ansbro read the titles of the Ordinances for first reading, a motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting the Consent Agenda with the exception of Items 7.3, 7.6, 7.11, 7.12, 7.13, 7.14, 7.15. i MINUTES 3 NOVEMBER 14, 2000 REGULAR MEETING 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: 7.3 Approval of November 1, 2000 Special Meeting minutes. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, amending the minutes by striking the notation in the roll call for Commissioner Mikes and approving the minutes as amended for November 1, 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 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY, FLORIDA, PERTAINING TO THE INSTALLATION AND MAINTENANCE OF A NEW ENTRYWAY SIGN AND NEW LANDSCAPING WITHIN A PORTION OF THE INTERSECTION OF NEW GRIFFIN ROAD AND U.S. HIGHWAY ONE; PROVIDING FOR • CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Etling stated that Exhibit "D" is missing from the backup and clarified with City Manager Smith that the Exhibit is the same L-shaped sign that was presented previously to the City Commission and will be attached to the agreement. City Manager Smith advised that the Broward County Aviation Division expects to begin installation of the entryway sign in December and that foot lighting is being provided for the sign. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, 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 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) FORD RANGER CAB PICK-UP TRUCK IN THE AMOUNT OF $17,828.00 FROM DON RIED FORD AND THREE (3) FORD SD F-250 TRUCKS IN RESPECTIVE AMOUNTS OF $27,120.00, $27,183.00 AND $27,290.00 FROM DUVAL FORD, UNDER FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES BID AWARD NO. 00-08-0905, WITHOUT COMPETITIVE BIDDING AND WITHOUT • MINUTES 4 NOVEMBER 14, 2000 REGULAR MEETING ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR • AN EFFECTIVE DATE. Bud Palm, Utilities Director, advised that the resolution should be for one Ford Ranger, Two (2) F-250 Trucks and one F-550. Mayor McElyea recommended that the purchase of the two F-250 trucks and the one F-550 truck be deferred to the November 28th meeting in order to verify that the engines are going to be diesel and not gas and to pass the resolution for the one Ford Ranger tonight. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, amending the resolution to approve the purchase of one Ford 2001 Ranger from Don Ried Ford for $17,828.00 and adopting the resolution 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 7.12 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "USA BOATING CENTER" 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 "USA BOATING CENTER"; PROVIDING FOR • SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the ordinance for first reading. Laurence Leeds, Growth Management Director, explained the location of the site and advised that there are no longer any Code Enforcement liens placed against the property. The only condition that is recommended is the "Dedication" language to reflect the correct property owner. Frank Aguirra, Associate Engineers & Surveyors, representing G. M. Marina Properties, Inc., advised that the Code issues were resolved and that the "Dedication" language will be taken care of in the future. Mayor McElyea advised that the ordinance is only being heard tonight on first reading and that a public hearing would be held on second reading. Laurence Leeds, Growth Management Director, advised that the Ordinance may not be brought back for second reading on November 28th and that he would be in touch with the petitioners. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the ordinance on first reading. The motion passed on the following 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes MINUTES 5 NOVEMBER 14, 2000 REGULAR MEETING Mayor McElyea-yes 0.13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 20 OF THE CITY CODE OF ORDINANCES, WHICH ARTICLE IS ENTITLED "VEHICLES USED TO FACILITATE CERTAIN CRIMES"; PROVIDING FOR AN INCREASE IN THE TIMES WITHIN WHICH NOTICES ARE TO BE ISSUED AND OBSERVED IN CONNECTION WITH THE IMPOUNDMENT PROCESS; PROVIDING FOR CLARIFICATION OF THE BURDEN OF PROOF IN ADMINISTRATIVE HEARINGS; PROVIDING FOR VARIOUS CLARIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Etling, seconded by Commissioner Cali, amending the Ordinance on page 8 and 9 in Section 20-86 "Definitions" (a),(b) and (c) by changing the word "phrase" to "term" and adopting the Ordinance on first reading 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 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 13, 2001, ON A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE ANNUAL ADOPTION OF THE GENERAL MUNICIPAL MILLAGE; IMPOSING A REQUIREMENT THAT A FOUR-FIFTHS VOTE OF THE CITY COMMISSION SHALL BE NECESSARY TO INCREASE SUCH MILLAGE IN ANY ONE YEAR ABOVE THE MILLAGE RATE ADOPTED BY THE CITY COMMISSION IN A PREVIOUS YEAR; DIRECTING THE ADVERTISING OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Mikes amending Section 2, 5ch line of Question 1, to change "a previous year" to "the previous year". The motion was seconded by Mayor McElyea, after passing the gavel to Vice-Mayor Bertino. The motion failed on the following 2/3 roll call vote. Commissioner Cali-no Commissioner Etling-no Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-yes Vice-Mayor Bertino stated his position that taxing should be handled by a majority vote of the City Commission and not by a 4/5 vote. Commissioner Mikes stated that the Ordinance would provide the City Commission a better way to control costs. A motion was made by Commissioner Mikes adopting the Ordinance requiring a 4/5 vote of the City Commission of the City of Dania Beach to raise the millage tax rate one year to the next. • The motion was seconded by Mayor McElyea, after passing the gavel to Vice-Mayor Bertino. MINUTES 6 NOVEMBER 14, 2000 REGULAR MEETING The motion failed on the following 2/3 roll call vote. Commissioner Cali-no Commissioner Etling-no Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-yes 7.15 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING AN ENTERTAINMENT OVERLAY DISTRICT AND ASSOCIATED REGULATIONS; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING PROCEDURES FOR ESTABLISHMENT OF A DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR BEVERAGE SALES AND ESTABLISHING HOURS OF OPERATION IN THE DISTRICT; PROVIDING FOR DECERTIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Cali recommended continuance of the Ordinance, however, Commissioner Mikes stated his desire to hear the reasons for the ordinance. Commissioner Cali explained that the Ordinance would allow non-residential areas like Port Everglades, State Road 84 corridor, and Dania Beach Fishing Pier to provide businesses extended hours to sell alcohol and operation of restaurants. He advised that the City could take advantage of the high number of tourists using the Fort Lauderdale hotels and he pointed out that protections are included in the Ordinance to make sure that residential communities would not be impacted by the Entertainment Overlay District. Commissioner Mikes expressed concern that the Ordinance would increase crime and create a policing problem in seedy industrial areas and provide a potential for encouraging prostitution, drug use and DUI arrests. Vice-Mayor Bertino suggested drafting the Ordinance with a Special Exception use so that the use would be a privilege and not a right. In addition, the City would have better control to remove the privilege as needed instead of having the pursue litigation to remove a right. A motion was made by Commissioner Mikes, seconded Commissioner Etling, denying the Ordinance. The motion to deny the Ordinance passed on the following 4/1 roll call vote. Commissioner Cali-no Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Item 11.7 was heard after Item 7.15. 8. BIDS AND REQUESTS FOR PROPOSALS: Item 8.1 was heard after Item 9.6. 8,1 Staff recommendation on awarding RFP for the implementation of"Finding of Necessity" study for CRA (Community Redevelopment Agency.) 0 MINUTES 7 NOVEMBER 14, 2000 REGULAR MEETING A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CONSULTANT SERVICES FROM THE ILER PLANNING GROUP, INCORPORATED RELATING TO THE IMPLEMENTATION OF A REDEVELOPMENT NEEDS STUDY; PROVIDING THAT SAID SERVICES SHALL NOT EXCEED FIFTY-NINE THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($59,750.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Etling, seconded by Commissioner Cali, amending the resolution in Section 1, 3 d line, to read "implementation of a redevelopment needs study", last line to read "in the best interests of the City", and by striking Section 2 and renumbering Section 3 and 4. The motion passed on the following 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Commissioner Mikes requested that staff include the committee selection criteria used to make recommendations on RFP and Bid projects in the future. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution 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 9. PUBLIC HEARINGS: (continued from October 10, 2000 Regular Meeting) 9.1 SE-33-00 — Special exception request by Alan L. Gabriel, Attorney for Nextel Corp., to allow for the placement of cellular antennas and corresponding support structure on the roof of the Springhill Suites Hotel, located at 151 SW 181h Court, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATTORNEY ALAN L. GABRIEL, ATTORNEY FOR NEXTEL SOUTH CORPORATION D/B/A NEXTEL COMMUNICATIONS, FOR PROPERTY LOCATED AT 151 SW 18T" CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW FOR THE PLACEMENT OF CELLULAR ANTENNAS AND SUPPORT STRUCTURE ON THE ROOF OF THE SPRINGHILL SUITES HOTEL, AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE VIII, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33- 308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that items under the Public Hearing are Quasi-judicial matters and that all disclosures should be presented. Commissioner Cali, Commissioner Etling and 0 Commissioner Mikes advised of their communications with Nextel representatives. MINUTES 8 NOVEMBER 14, 2000 REGULAR MEETING Laurence Leeds, Growth Management Director, explained that the Special Exception request would allow for the placement of cellular antennas and support structure on the roof of the Springhill Suites Hotel located at 1-95 and Stirling Road. The Building Official has reviewed the calculations provided by the applicant and it appears that the building will support the load of the structure. The Planning & Zoning Board recommended that the approval be subject to dedication of$5,000.00 to the City Tree Landscape Fund with the understanding that the money be received within three days of City Commission approval. Mr. Leeds clarified that he has no requirement for payment of the contribution as long as the money is received prior to issuance of the building permit. Attorney John Shamres, on behalf of Alan Gabriel, advised that the equipment meets the criteria for Special Exception use as outlined in the City's Code and agreed to the $5,000.00 voluntary contribution to the City's Tree Landscape Fund. Mr. Shamres advised that new rate structures have been provided to the City, which will result in a saving to the City for Nextel services. 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 with the voluntary dedication of$5,000.00 to the City Tree Landscape Fund as a mitigation factor to off-set the visual pollution of the structure. The motion passed on the following 4/1 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no 9.2 SE-35-00—Special Exception request by Patricia Y. Lentini, Crown Castle International, representing Nextel and PrimeCo, to allow the co-location of two additional cell antennas (Nextel and Verizon) on an existing cell tower located at 2941 SW 23rd Terrace, Dania Beach, in an IROM (Industrial Research Office Marine) Zoning District. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY PATRICIA Y. LENTINI, REPRESENTATIVE FOR CROWN CASTLE INTERNATIONAL, FOR PROPERTY LOCATED AT 2941 SW 23RD TERRACE., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE COLLOCATION OF TWO ADDITIONAL CELL ANTENNAS ON AN EXISTING CELL TOWER LOCATED AT 2941 SW 23RD TERRACE, AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE Vill, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, presented the request for co-location of two additional cell antennas (Nextel and Verizon) and advised that the Building Official has determined that the existing tower will support the additional antennas. He then mentioned the staff and Planning & Zoning Board recommendations provided in the backup. MINUTES 9 NOVEMBER 14, 2000 REGULAR MEETING Mark Ciarfella, on behalf of Patricia Lentini, Crown Castle International, representing Nextel and Verizon, agreed with the conditions as recommended. 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 with the following conditions: (1) Applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications; (2) Applicant submitting an inspection report to the Building Official at five year intervals, beginning October 1, 2005 (an inspection report was submitted and approved by the Building Official as part of this application); (3) Applicant will voluntarily dedicate $10,000.00 ($5,000 per cell provider) to the City Tree Landscape Fund. The motion passed on the following 4/1 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no 9.3 SE-45-00 — Special Exception request by Attorney Alan Gabriel, Representative for Nextel South Corporation d/b/a Nextel Communications, to install a cellular telecommunication antenna on the roof of the existing four-story office building located at 3201 Griffin Road, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATTORNEY ALAN GABRIEL, REPRESENTATIVE FOR NEXTEL SOUTH CORPORATION D/B/A NEXTEL COMMUNICATIONS, FOR PROPERTY LOCATED AT 3201 GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO INSTALL A CELLULAR TELECOMMUNICATION ANTENNA ON THE ROOF OF THE EXISTING FOUR-STORY OFFICE BUILDING; AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE Vill, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised of the location and presented the recommendations by staff and the Planning & Zoning Board. Attorney John Shamres, on behalf of Alan Gabriel, advised that the Special Exception request is similar to the Springhill Suite site except for the fact that there will be a stealth shroud enclosure in the middle of the roof which will hold two of the antenna arrays for a total of six antennas that will resemble a penthouse on the roof. The facility is unmanned and passive and all exposed finishes will be constructed or painted to be compatible with the existing structure. Troyce Gill, RF Engineer for Nextel Communications, presented information on the transmittal aspects of the antennas. Mr. Gill confirmed for Mr. Shamres that the antennas are operating within the RF emissions standards of the Federal Government and are not close to the maximum cut-off points for health guidelines. Mr. Shamres pointed out to the City Commission that the Federal Telecommunications Act of 1996 provides in Section 7.04 that RF emissions shall not be grounds for denial of a zoning approval if the company certifies that they are well • MINUTES 10 NOVEMBER 14, 2000 REGULAR MEETING within Federal Guidelines. Mr. Shamres stated that as long as his client meets all of the Special • Exception criteria, the City has no basis for denial. City Attorney Ansbro concurred that as long as all 15 criteria for Special Exception are met and no other evidence exists to rebut what Mr. Shamres has presented the City must grant approval. Mr. Leeds advised that all of the 15 criteria are met and there are no guidelines in the Code relating to electromagnetic radiation or radio activity radiating from transmitters. 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 Cali, seconded by Commissioner Etling, adopting the resolution with the following conditions: (1) Applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications; (2) Applicant will voluntarily dedicate $5,000 to the City Tree Landscape Fund. 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 9.4 SE-49-00 — Special Exception request by Attorney Alan Gabriel, Representative for Nextel South Corporation d/b/a Nextel Communications, to install a cellular telecommunication antenna on the roof of the First Union Bank Building located at 700 East Dania Beach Blvd., Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATTORNEY ALAN GABRIEL, REPRESENTATIVE FOR NEXTEL SOUTH CORPORATION D/B/A NEXTEL COMMUNICATIONS, FOR PROPERTY LOCATED AT 700 EAST DANIA BEACH BLVD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO INSTALL A CELLULAR TELECOMMUNICATION ANTENNA ON THE ROOF OF THE FIRST UNION BANK BUILDING; AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE VIII, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, confirmed that none of the stealth antenna requests will impact residential areas and presented the conditions as provided in the backup. Attorney John Shamres, on behalf of Alan Gabriel, explained that the reason that so many capacity antenna sites are being requested is based on consumer demands in the area and there being a need to boost the signals. Mr. Shamres explained the rooftop installations and advised that all Special Exception criteria has been met. Commissioner Mikes was concerned with excessive antenna use in the City and inquired as to whether the City could close the door on installations in the future and whether the City's Code should be amended to provide more control. City Attorney Ansbro advised that the City is governed by the Telecommunications Act and agreed to speak with Attorney Gary Resnick, who specializes in Telecommunications, to see if there is any further changes that could be made to the Code. MINUTES 11 NOVEMBER 14, 2000 REGULAR MEETING 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 Cali, seconded by Commissioner Etling, adopting the resolution with the following conditions: (1) Applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications; (2) Applicant will voluntarily dedicate $5,000 to the City Tree Landscape Fund. The motion passed on the following 4/1 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no Item 9.7 was heard after Item 9.4. Item 9.5 was heard after Item 11.7 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH APPROVING THE REZONING REQUEST FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM(2) (MEDIUM-HIGH DENSITY RESIDENTIAL) TO THE CLASSIFICATION OF RM(3) (HIGH DENSITY RESIDENTIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR • SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) City Attorney Ansbro read the title of the ordinance relating to 400 Sheridan Street. Mayor McElyea opened the public hearing. Hoyt Holden, Calvin, Giordano &Associates, was present to respond to any questions regarding the corrective rezonings and to request approval. Hearing no further comments, Mayor McElyea 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 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 9.6 AN ORDINANCE OF THE CITY OF DANIA BEACH APPROVING THE REZONING REQUEST FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM(3) (HIGH DENSITY RESIDENTIAL), MINUTES 12 NOVEMBER 14, 2000 REGULAR MEETING • SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) City Attorney Ansbro read the title of the ordinance relating to 600 Sheridan Street. 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 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 Item 8.1 was heard after Item 9.6. Item 9.7 was heard after Item 9.4. 9.7 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR THE HILTON GARDENS AT STIRLING ROAD PLAT, FROM COMMERCIAL TO RESIDENTIAL 25; ASSIGNING A COMBINATION OF SIXTY (60) RESERVE AND/OR FLEX DWELLING UNITS TO THE PLAT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading and Public Hearing) Laurence Leeds, Growth Management Director, explained that the City approved a zoning change to C-2 Commercial and site plan to permit a 156-room hotel early in 2000. The Local (City) Land Use Plan designation for this parcel had been changed to "Commercial" in 1999 and during the Local Plan Amendment review process, Broward County Planning Council staff indicated they would not support the proposed Land Use designation in part because the transportation analysis indicated that Stirling Road between SW 18 Avenue and 1-95 would be "overcapacity" by the year 2020. Mr. Leeds advised that the proposed Land Use Plan Amendment ("LUPA") Ordinance allocating a combination of 60 flexibility and/or reserve units and the Resolution allocating up to six (6) reserve units were prepared as an alternative approach that would be more appealing to the Broward County Planning Council staff. Mr. Leeds advised that this would exhaust all flex and reserve units in Flexibility Zone 83 which generally includes properties west of the FEC Railroad and East of Ravenswood Road. Mayor McElyea opened the public hearing. Rem MacLaren, Attorney for Hilton Gardens Hotel, requested approval of the Ordinance and Resolution. Hearing no further comments, Mayor McElyea closed the public hearing. MINUTES 13 NOVEMBER 14, 2000 REGULAR MEETING Mr. Leeds mentioned that the Planning & Zoning Board generally agreed that the allocation of flex and reserve units would expire in 24 months from the date of final approval by the City Commission if a Certificate of Occupancy is not issued. Attorney MacLaren stated that his client is comfortable with the condition and very anxious to move forward on the project. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Ordinance on first reading with the understanding that the allocation of flex and reserve units will expire in 24 months from the date of final approval by the City Commission if a Certificate of Occupancy is not issued. 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 b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ASSIGNING UP TO SIX (6) RESERVE UNITS TO THE HILTON GARDENS AT STIRLING ROAD PLAT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Hearing) A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, 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 (continued from 10/24/2000 Regular Meeting) 9.8 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. (Second Reading) Mayor McElyea opened the public hearing. Attorney David G. Murray, representing Whiskey Creek Food & Tackle, Inc., mentioned the many discussions that have taken place on the issue regarding the two 10-year options to renew the lease. Mr. Murray advised that the two 10-year options on renewing the lease have been dropped and that his client is agreeable to a Right of First Refusal at the end of the 20 year lease. MINUTES 14 NOVEMBER 14, 2000 REGULAR MEETING Commissioner Mikes was concerned with blank spots in the lease regarding parking and number of spaces. City Manager Smith advised that the parking arrangements would be worked out in the future because information on traffic patterns is not available at this time. Mr. Smith did not think this would be a problem since there are 660 parking spaces available. Tim Pertrillo, Whiskey Creek Food & Tackle, Inc., advised that 60 to 70 spots are projected for employees and he agreed to pay the City whatever they would receive at an hourly rate so that parking spaces would be reserved for valet service. Commissioner Mikes inquired as to what happens in the event of a Category 5 Hurricane that destroys the pier. City Attorney Ansbro advised that the lease provides that the rent abates if the pier is completely destroyed or the rent partially abates if the pier is partially destroyed. The City cannot require anyone to conduct business without the pier and there is no language requiring the City to rebuild the pier. City Attorney Ansbro advised that there are still issues to be resolved relating to assignments and transfers of Intra-corporate controls and language assuring that Whiskey Creek Food & Tackle, Inc. will use its "best efforts" to ensure that all of their employees are drug-free. City Attorney Ansbro advised that the tenant would also like to commence the 20 year lease from the day the business opens instead of from the date the lease is executed. In regards to security, Attorney Ansbro advised that the tenant has agreed to provide security based on BSO's needs and these types of issues will come back before the City Commission for approval. Commissioner Mikes mentioned that the tenant is required to spend $1.2 million dollars for construction and inquired as what amounts would be used for hard costs and fees for engineers and consultants. Alan C. Hooper, Contractor for the partnership, stated that hard cost would include engineering, architecture and construction; the soft costs for engineering and architecture are estimated to cost between $60,000.00 to $70,000.00 and the rest would be used for construction. Vice-Mayor Bertino pointed out that Exhibit "E" is missing which defines the location of the 60 or 70 parking spaces that will be provided. City Manager Smith advised that spaces would be utilized from the western portion of the parking lot near the floating docks where there are some 100 parking spaces. The rest of the parking spaces are located along the back side of the main parking lot so that the most desirable spaces in front are available for patrons of the beach. Discussion followed on the number of valet parking spots that would be needed. Laurence Leeds, Growth Management Director, advised that Code requires the restaurant to have 1 space for every 40 square feet of customer service area. Mr. Hooper estimated the square footage of the restaurant, without kitchen and restrooms, to be 5,000 square feet and City Manager Smith estimated that the City would be obligated to supply 125 spaces out of 660 spaces at the beach. Mr. Leeds advised that the 125 spaces would include employee parking. City Attorney Ansbro stated that the City can determine where the 125 spaces are going to be located. Vice-Mayor Bertino requested clarification that the City has no obligation to rebuild the pier in the event of major damage or destruction. City Attorney Ansbro agreed to include a provision providing the City with the option of rebuilding the pier if they so choose. MINUTES 15 NOVEMBER 14, 2000 REGULAR MEETING City Attorney Ansbro confirmed that the City Commission is being requested to approve the lease tonight as provided in the backup with the understanding that there are three issues to be resolved: (1) work out how the partnership can transfer Intra-corporate control so that it is not considered an assignment; (2) Provision that they will "diligently use best efforts" to ensure a drug-free workplace; (3) Provide language that the 20-year lease term begins from the time the restaurant is operating with a Certificate of Occupancy and not from the date of execution of the lease. Commissioner Mikes questioned City Attorney Ansbro about why the City Commission is being asked to approve the lease tonight before it is complete since the lease won't be signed until next week. City Attorney Ansbro advised that he needs authorization to execute the lease next week. Commissioner Mikes was concerned that the City Commission will not see the final document before it is signed and Vice-Mayor Bertino agreed that the blank spots should be resolved before approval. City Manager Smith advised that the parking detail cannot be worked out until the restaurant is built and operating. City Attorney Ansbro clarified that the City will provide the number of spaces required to obtain a Certificate of Occupancy. Vice-Mayor Bertino confirmed that the City would be providing 125 spaces and would not be obligated to provide additional spaces unless they decided to do so. Mr. Petrillo agreed with Vice-Mayor Bertino. Mayor McElyea stated his opposition to the tenant requesting the two 10-year options in the lease and his opinion that it was not fair to the other proposers who submitted RFP's based on a flat 20-year lease. Attorney Murray confirmed with the City Commission that the 20 years will begin from the time the restaurant opens for business. In response to Mayor McElyea, Attorney Murray stated that the two 10-year options are being stricken from the lease and that they only request a "Right of First Refusal" at the end of the lease. Mayor McElyea opened the public hearing once more. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Ordinance on second reading approving a 20 year lease with the option of"Right of First Refusal" for Whiskey Creek Food & Tackle, Inc. at the Dania Beach Fishing Pier. The motion passed on the following 411 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-no 10. COMMISSION COMMENTS: 10.1 Commissioner Cali welcomed the new annexation areas that were brought into the City by the November 7th Referendum vote and thanked all staff members involved. 10.2 Commissioner Etling welcomed the new residents from the annexed areas. He was pleased with the number of people who voted and mentioned that the way children vote in the future is being impacted tremendously by the recent recount of the Presidential votes. • MINUTES 16 NOVEMBER 14, 2000 REGULAR MEETING Commissioner Etling congratulated the Chamber of Commerce on a successful Golf Tournament last Saturday and mentioned that Dania Elementary is having a Flea Market this coming Saturday. 10.3 Commissioner Mikes expressed his dissatisfaction that the City Manager did not notify the City Commission on the Tigertail Lake Dredging project until after the invoice for over $500,000 was received and the newspapers were ready to print a story. Commissioner Mikes stated that City Commissioners must be kept informed of situations in the City and was not confident that City Manager Smith would be able to handle the work load involved with the new annexation areas. Mayor McElyea stated that his daughter worked in the engineering field and that he and his daughter tried to tell City Manager Smith of their concerns with the dredging project at Tigertail Lake before he was elected back onto the City Commission in 1999 and that City Manager Smith assured him that there would not be a problem. Commissioner Mikes stated that the City is now in a serious position of trying to reconstruct what happened at Tigertail Lake with outside engineering consultants without knowing how many loads of fill were removed from the lake and whether the City has to pay some $500,000.00 of taxpayers funds. Mayor McElyea stated his concern that the Pier Lease may also be a problem a few years down the road. Commissioner Mikes mentioned that Addie Mae Chung, Merita Mitchell's and Robert Chung's mother, passed away recently. Mayor McElyea mentioned that Addie Mae was honored when the Motorola Park was named after her. 10.4 Vice-Mayor Bertino mentioned his surprise to hear that the Tanger Outlet Mall deal fell through for the Bass Pro/Sportsman's Park development and stressed the need for the City Commission to be informed of issues of this sort so that a workshop meeting can be scheduled to see if anything can be done to resolve the matter before its too late. Laurence Leeds, Growth Management Director, advised that he was also surprised since Attorney Barbara Hall, representing Tanger Outlet Mall, was processing applications for sign variances and discussing landscaping just days before the news. Mr. Leeds stated that he was assured by Attorney Hall that the City of Dania Beach was not responsible in any way for the deal failing apart. City Manager Smith reported that representatives from both companies are not willing to disclose the reasons for the deal breaker and advised that Bass Pro is ready to move forward with their own future development. Vice-Mayor Bertino welcomed the newly annexed areas and advised that the annexation would be effective September 15, 2001. He thanked everyone for their efforts to volunteer in the annexation project. 11/18/00- Dania Elementary School Flea Market. Vice-Mayor Bertino mentioned that the City Commission was supposed to have a tour of the I.T. Parker House that is located on the Hilton Gardens property. City Manager Smith agreed to have staff contact the City Commission on setting a time for the tour. Mr. Leeds confirmed that the City Code amendment adopted in January requires developers to trap and relocate animals. 10.5 Mayor McElyea welcomed the new annexation areas. i MINUTES 17 NOVEMBER 14, 2000 REGULAR MEETING Mayor McElyea requested that the nets hanging on poles near the old driving range be removed, and that street lights be repaired near the Water Plant. He mentioned that FPL has not removed the pole near Eddie Benton's house. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request for Abatement of Unsafe Structures Board Lien (US99-002) by Sheldon Slatkin, Esq., representing the Estate of William R. Becker, Jr. for property located at 224 SE Park Street. A motion was made by Commissioner Cali, seconded by Commissioner Etling, continuing the request to the November 28th meeting. The motion passed on the following 3/2 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-no Vice-Mayor Bertino-no Mayor McElyea-yes 11.2 Request by Herbert Wayne Mainguy, representing Port Consolidated, Inc., for approval to locate a temporary office trailer on site for six months on property located at 3141 SE 14th Avenue, Port Everglades. A motion was made by Commissioner Etling, seconded by Commissioner Cali, continuing the request to the November 28th meeting only. The motion passed on the following 4/1 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-no Mayor McElyea-yes 11.3 Request for Abatement of Code Enforcement Lien (CEB99-0229) by Brian Campbell for property located at 2321 SW 44th Street, Dania Beach. William Johnson, Chief Code Enforcement Officer, advised that the Code Enforcement Board recommended abatement of the lien to $1,225.00 at its meeting of November 6, 2000. A motion was made by Commissioner Cali, seconded by Commissioner Mikes, abating the Code Enforcement Lien (CEB99-0229) for Brian Campbell to $1,225.00. The motion passed on the following 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes 11.4 Request for Abatement of Code Enforcement Lien (CEB00-0423) by LRM Leasing, Co., Inc. for property located at 3401 Griffin Road, Dania Beach. • MINUTES 18 NOVEMBER 14, 2000 REGULAR MEETING William Johnson, Chief Code Enforcement Officer, advised that the Code Enforcement Board voted unanimously to leave the fine standing at $8,650.00 for CEB00-0423. Mr. Johnson advised that the lien related to junk vehicles, trash and garbage on the property and violation of minimum standards to paint and maintain the building at the location. The property owner complied with the violations after a $50.00 per day fine ran for 171 days (April 28, 2000 to October 16, 2000). Attorney John Rayson, representing LRM Leasing, Co., Inc., stated that his client never received notification of the Code Enforcement violations and has never been in violation of a code lien in Dania Beach nor would his client have allowed a fine run for 171 days. Mr. Rayson presented an Affidavit signed by Mr. Leon Brauser, President of LRM Leasing Co., Inc., confirming that he always complied with whatever the City wanted and that he never received any notice of Code Enforcement violation. Attorney Rayson agreed to pay whatever costs that the City may have incurred in these proceedings and respectfully requested a drastic abatement of the lien. Mayor McElyea pointed out that the owner should have been aware of the maintenance needed on the property. Mr. Rayson advised that the green certified receipt was signed by an L. Shine who is not known to anyone at LRM Leasing. Commissioner Etling stated that the minutes of the Code Enforcement Board meeting of February 7, 2000 are not very clear in regards to the case and there is a statement in the minutes that service was not obtained by certified mail but that the property was posted. Commissioner Etling thought that there are some confusing factors in this particular case and that the City should not be so punitive with property owners who are being sited for the first time. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, accepting the recommendation of the Code Enforcement Board to deny abatement and maintain the existing lien of$8,650.00. The motion passed on the following 3/2 roll call vote. Commissioner Cali-no Commissioner Etling-no 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 Citizens' Comments. 11.5 Discussion of renaming Sun Garden Isles Park (NW 14th Way). (Mayor McElyea) Mayor McElyea agreed with Bobbie Grace that Mildred Jones has worked on many community projects that have benefited the City including the development of Sun Garden Isles Park. Mayor McElyea requested input from the City Commission on whether or not they agree that the renaming of City facilities procedures could be waived so that direct action could be taken to name the Park after Mildred Jones. A motion was made by Commissioner Cali, seconded by Commissioner Etling, waiving the renaming procedures and renaming Sun Garden Isles Park to Mildred Jones Park. MINUTES 19 NOVEMBER 14, 2000 REGULAR MEETING • 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 5.1 was heard after Item 11.5. Item 11.6 was heard after Item 11.4. 11.6 Status report on Harbour Towne Lease assignment. (City Attorney) City Attorney Ansbro advised that he is awaiting some documentation from Attorney Chasen, representing Harbour Towne, and that he will report on November 28th Item 12 was heard after Item 11.6. Item 11.7 was heard after Item 7.15. 11.7 Status report on Tigertail Dredging. (City Manager) Don Windham, Calvin, Giordano &Associates, mentioned that Ryan Eastern Inc. was granted two extensions on the dredging project at Tigertail Lake. He mentioned that the dredging equipment hit hard rock and that they were unable to get the projected amount of fill from the Tigertail Lake. Mr. Windham didn't think that Ryan Inc. had removed 50,000 cubic yards of fill out from the lake in the past six months. However, Ryan Inc. did remove enough fill to shape ® the banks in the lake for the permit and the last stockpile used every single yard of fill to make the slopes. Mr. Winham advised that the City may review the survey documentation showing the bottom of the lake and samples of the hard rock from the lake. Mayor McElyea suggested that a different dredge should have been used for the hard rock and it was his opinion that the fill is in the lake and that it was Ryan Eastern's business to know how to get the fill out of the lake. Mr. Windham advised that the dredge that was used by Ryan Inc. came from Mexico and included a 45 ton ladder and hydraulic cutter head motor. Mr. Windham advised that of the total fill taken out of the lake, Ryan Inc. sold 314,000 cubic yards to Hollywood. The calculations are figured from the cross sections of the lake before the project started and after the amounts were placed on the east and west side of the Tri-Rail site and the roadway from the "as builts" and the materials placed on the slopes. Mr. Windham estimated 800,000 cubic yards was projected to come out of the lake had everything gone as planned using the original design to a minus 50 in the area from the road to the toe of the slopes and from the new roadway to the toe of the slopes on the south end. As it stands, Ryan Inc. placed 37,700 cubic yards on the east side of the tracks, 201,817 cubic yards on west side of tracks and sold 314,000 cubic yards valued at $1.62 a yard to the City of Hollywood. Commissioner Cali agreed with Mayor McElyea that Ryan Inc. should have used the right equipment as the quantity of material was there based on the core samples. Mr. Windham disagreed as the City paid a soil company, Dabes & Moore, to do test borings and the test borings did not show the hard rock. Ryan Inc. conducted numerous soil borings from their own test rig and the hard rock was not found. MINUTES 20 NOVEMBER 14, 2000 REGULAR MEETING ® Commissioner Mikes pointed out that correspondence seems to indicate that Ryan Inc. was confident that the fill was available as referenced in a March 15, 1999 letter from Ryan Inc. to Don Windham. The letter requested an extension of the contract from July 1, 1999 to January 1, 2000 so that additional time would be available to procure an additional dredge to cut into the hard rock in the lake. Another letter from Don Windham to City Manager Smith requesting the extension for Ryan Inc. stated that different equipment was needed to address the hard rock problem and includes comments by Mr. Windham that the extension would not cause a hardship on the City. Commissioner Mikes was displeased that Mr. Windham didn't let the City Commission review the situation at the time the dredge was still set up instead of the dredge being removed and then the City receiving an invoice for over$500,000. Commissioner Mikes mentioned that the City also spent some $160,000 previous to the invoice with the IGFA Settlement. City Manager Smith advised that two extensions were requested and that the City Commission was aware that there was a problem. Commissioner Mikes stated his displeasure that City Manager Smith did not notify the City Commission that the new dredge was not working. City Manager Smith advised that a meeting needs to be scheduled with Mr. Ryan of Ryan Eastern Inc. who is currently out of town. Commissioner Mikes mentioned that there could be liability on the part of the engineering firm and Mayor McElyea mentioned that another engineering firm may be needed to review the situation. Vice-Mayor Bertino clarified with Mr. Windham that 5 soil borings were made in the lake and that the City was led to believe from the tests that minus 50 would not be a problem and that 800,000 cubic yards of fill would be removed. He suggested that holes in the hard rock could have caused a problem with pulling the fill out and that other alternatives should be explored for removing the fill out of the lake before the City takes any further action. Mayor McElyea suggested that an audit of Ryan Eastern Inc.'s books should be conducted on the amount of fill that was sold to the City of Hollywood. A motion was made by Commissioner Cali, seconded Commissioner Etling, directing the City Manager to develop an RFP for hiring an independent consulting firm to investigate the Tigertail Dredging project so that a recommendation can be provided to the City Commission. The motion passed on the following 5/0 roll call vote. Commissioner Cali-yes Commissioner Etling-yes Commissioner Mikes-yes Vice-Mayor Bertino-yes Mayor McElyea-yes Item 9.5 was heard after Item 11.7 12. APPOINTMENTS: no appointments were made at this time. 12.1 Appointment of 1 member to the Airport Advisory Board. 12.2 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service Board. 12.3 Appointment by Mayor of one (1) member to Dania Beach Housing Authority. MINUTES 21 NOVEMBER 14, 2000 REGULAR MEETING 12.4 Appointment of 2 members to Human Relations Board. 12.5 Appointment of 3 members to the Marine Advisory Board. 12.6 Appointment of 1 member to the Nuisance Abatement Board. 12.7 Appointment of 2 members to the Occupational License Review Advisory Board. 12.8 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory Board. Commissioner Mikes inquired as to whether residents from the newly annexation areas could be appointed on boards. City Attorney Ansbro advised that they must be residents which will not take effect until September 15, 2001. It was noted that all meetings are open to the public. 13. ADMINISTRATIVE REPORTS: 13.1 City Manager—Annexation report- City Manager Smith thanked his staff for their many efforts that have made the annexation a success. Commissioner Mikes asked staff to look into possible Broward County Capital Improvement funds for infrastructure and sidewalks that may be available for some of the new annexation areas. City Manager Smith advised that he is,looking into the possible funds and also the Fire transition for the areas. A motion was made by Commissioner Cali, seconded by Commissioner Etling, requesting that Broward County Sheriff Ken Jenne transfer District 105 to Chief Robert Anton at the expense of BSO. 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 Vice-Mayor Bertino mentioned that impact fees for recreation and roads have been collected for numerous years by the County from the newly annexed areas. Now that the City is taking over the area, he recommended that staff review the possibility of funds that may have been set aside for improvements in the areas. 13.2 City Attorney-no comments 14. ADJOURNMENT This meeting was adjourned at 11:25 p.m. 1 MAYOR-COMMI TONER ACTING TY CLERK Respectfully submitted: Charlene Johnson Deputy City Clerk APPROVED: 11/28/00 MINUTES 22 NOVEMBER 14, 2000 REGULAR MEETING