HomeMy WebLinkAbout2000-11-28 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
NOVEMBER 28, 2000
1. CALL TO ORDER:Mayor McElyea called the meeting to order at 7:30 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Reverend Richard Austin, First Baptist Church of Dania
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 Craig McAdams brought up the issue of the City renegotiating the lease with Harbour Towne
Marina and the possibility of the City relinquishing rights to the I.T. Parker Community Center. Mr.
McAdams urged the City Commission to protect the citizens when they renegotiate the lease and that
all efforts be made to retain the I.T. Parker Center as well as the boat docks for use by the citizens
based on the fact that the property was donated for park use many years ago. He also requested that
additional parking be provided for the center.
Commissioner Mikes mentioned recent discussions on a Recognition Agreement with the Banc of
America in relation to the Harbour Towne Lease and agreed that there have been many attempts to
use the I.T. Parker Center for private use. He stressed the need for the City Commission to retain the
28 acres of waterfront property for public use and to conduct a referendum vote for the citizens to
decide how to use the community center. Mayor McElyea agreed that the center should be used for
Dania Beach citizens.
4.2 C.F. Hill expressed his dissatisfaction with traffic problems along Southwest 13th Street and SW
3rd Avenue and requested that the speed limit be reduced to 30 MPH on Old Griffin Road.
MINUTES
CITY OF DANIA BEACH 1 NOVEMBER 28, 2000
Vice-Mayor Bertino mentioned that City Manager Smith is conducting a study to determine what streets
can be closed as a way to reduce speeding.
1� Commissioner Mikes mentioned that Turn Around Dania Beach has urged the City to review traffic
patterns in an effort to eliminate some through-routes that are making it easier for drug dealing.
5. PRESENTATIONS:
5.1 Presentation by Dania Beach Main Street, Inc.
Richard Lehman, Secretary of Board of Directors for Dania Beach Main Street, presented a special
plaque to Tim Bussiere, Manager of Publix @ Sheridan Square #267, for his consistent assistance and
support of Main Street.
6. PROCLAMATIONS: None.
ITEMS PULLED FROM CONSENT: Commissioner Mikes pulled Item #7.5 from the Consent Agenda.
7. CONSENT AGENDA (including expenditures):
Bills: None.
Minutes:
7.1 Approval of minutes from the November 14, 2000 Regular Meeting.
7.2 Approval of minutes from the May 25, 1999 Regular Meeting.
Resolutions:
7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO (2) YEAR 2001 FORD SD F-250 TRUCKS IN RESPECTIVE
AMOUNTS OF $27,120.00, AND $27,183.00 AND ONE (1) YEAR 2001 FORD SD F-550
TRUCK IN THE AMOUNT OF $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 ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS'; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(STAFF)
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA IN SUPPORT OF THE BILL
FILED WITH THE BROWARD COUNTY LEGISLATIVE DELEGATION ON FRIDAY,
NOVEMBER 3, 2000 TO PROVIDE FOR A $300,000.00 APPROPRIATION TO THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL OR SUCH OTHER COMMITTEE WHICH MAY
BE FORMED FOR THE PURPOSE OF CONDUCTING AN ECONOMIC REDEVELOPMENT
STUDY ALONG THE STATE ROAD 7 CORRIDOR FROM THE PALM BEACH COUNTY TO
THE MIAMI-DADE COUNTY LINE; PROVIDING FOR AN EFFECTIVE DATE.
(COMMISSIONER ETLING).
rdinances— Title to be read by city attorney
7.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT
OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED
BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY
OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF
DANIA ORDINANCE NO. 23-90, CITY OF DANIA ORDINANCE NO. 47-91, CITY OF DANIA
MINUTES
CITY OF DANIA BEACH 2 NOVEMBER 28, 2000
ORDINANCE NO. 04-96, AND CITY OF DANIA BEACH ORDINANCE NO. 2000-017 TO
MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN
CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY
,• THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS
APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND
CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND
EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the title of the Ordinance for first reading.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the Consent
Agenda with the exception of Item #7.5.
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 PULLED FROM THE CONSENT AGENDA:
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 26TH YEAR
FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR THE SOUTHWEST NEIGHBORHOOD BEAUTIFICATION- PHASE V PROJECT IN THE
® AMOUNT OF $197,821.00, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Commissioner Mikes suggested that the City Manager see if Queen Palm trees could be used for the
CDBG project instead of Coconut Palms based on less maintenance being required. City Manager
Smith agreed to take the suggestion under review.
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
Item #11.9 was heard after Item 7.5.
8. BIDS AND REQUESTS FOR PROPOSALS:
8.1 Award of contract for Air Conditioning Renovation in the Growth Management Department, City
Hall building to Airsource Services, Inc.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS,
AND EQUIPMENT IN THE AMOUNT OF $44,884.00 FROM AIRSOURCE SERVICE, INC.;
MINUTES
CITY OF DANIA BEACH 3 NOVEMBER 28, 2000
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH
AIRSOURCE SERVICE, INC. FOR REPLACEMENT OF THE AIR CONDITIONING SYSTEM IN
THE GROWTH MANAGEMENT DEPARTMENT IN THE CITY ADMINISTRATIVE CENTER;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE.
Ken Koch, Building Official, explained that it has been difficult to receive interested bidders for the
replacement of the air conditioning in the Growth Management Department and that he changed the
specifications and still only received one bidder the second time the project was advertised. He
recommended awarding the bid to Airsource Service, Inc., and mentioned that the new equipment will
allow additional space for file cabinets in the office area.
Vice-Mayor Bertino questioned whether the infiltration system will provide a healthier atmosphere for
the office. Mr. Koch advised that initially the new equipment and ducts will provide clean air, however,
Hepa filters would have to be added to the system at additional cost. The City Commission generally
agreed to have Mr. Koch obtain the cost information on the Hepa filters and bring back to the City
Commission for approval.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the Resolution
awarding the bid and entering into a contract with Airsource Service, Inc.
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:
® 9.1 PL-09-00 — Request for adoption of preliminary plat for USA Boating, located on the East side of
Ravenswood Road, North of Griffin Road and South of SW 42"d Street.
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.
(SECOND READING)
Laurence Leeds, Growth Management Director, confirmed that the plat note has been revised to show
the proper ownership and that the Code Enforcement violations have been resolved. He recommended
approval of the plat.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
Mr. Leeds clarified that waterfront exists on the eastern portion of the property for access to a basin
immediately adjacent to the Dania Cut-off Canal.
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:
MINUTES
CITY OF DANIA BEACH 4 NOVEMBER 28, 2000
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
• 9.2 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. (SECOND
READING)
City Attorney Ansbro read the title of the Ordinance and explained the procedure that will be followed
on impounding vehicles relating to the crime of prostitution.
Chief Robert Anton, BSO, advised that the Ordinance has been successful in Miami-Dade County and
the City of Hollywood. He mentioned that the legal staff with BSO has worked very closely with City
Attorney Ansbro to ensure that the language in the ordinance will be defendable.
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 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
9.3 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
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 Vice-Mayor Bertino, adopting the Ordinance
on second reading.
The motion passed on the following 4/0 roll call vote with Commissioner Cali out of the room:
MINUTES
CITY OF DANIA BEACH 5 NOVEMBER 28, 2000
Commissioner Etling-yes Commissioner Mikes-yes
Vice-Mayor Bertino-yes Mayor McElyea-yes
• 9.4 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. (SECOND PUBLIC HEARING AND READING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Growth Management Director, explained that the land use change is intended to allow
the construction of a 156-room hotel on the site.
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 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
® 10. COMMISSION COMMENTS:
10.1 Commissioner Cali —no comments
10.2 Commissioner Etling — no comments
10.3 Commissioner Mikes inquired into the status of the survey that is being conducted for speed
humps in the Melaleuca Gardens area. He requested that Public Works increase the illumination of the
street lights at the entrance to the Melaleuca Gardens subdivision based on the excessive traffic
coming in and out of the subdivision from the airport.
Commissioner Mikes mentioned a recent newspaper article that inaccurately claimed that he had found
a loop hole to avoid term limits. He clarified that in 1993 there were two ordinances proposed. The
Ordinance that passed in 1993 was perspective and not retroactive in regards to when term limits was
to begin. Those elected in 1993 were not impacted by term limits until their second term, which is why
his 8 year term limit was calculated from 1997 and not 1993 as he had thought. Commissioner Mikes
advised that he is not against term limits even though there have been some negative aspects of terms
limits as it relates to the recent turn-over in the legislature. City Attorney Ansbro clarified that none of
the proposed referendums sponsored by Commissioner Mikes have ever involved the elimination of
"Term Limits." Commissioner Mikes stated that he would probably be running again for re-election in
March 2001.
For the record, Commissioner Cali stated that he would not be running in March.
Commissioner Etling advised that he would be running for re-election and that he will be hosting a
campaign fundraiser tomorrow night.
MINUTES
CITY OF DANIA BEACH 6 NOVEMBER 28, 2000
10.4 Vice-Mayor Bertino agreed that Term Limits created a problem in the operation of the legislature
and it was his opinion that candidates face term limits each time their terms expire because they have
to run for re-election.
• Vice-Mayor Bertino inquired as to whether or not he should change his abstained vote on the two
General Employee Pension Ordinances that were adopted September 26th based on the fact that all
City Commissioners are members of the General Employees Pension Fund.
City Attorney Ansbro advised that two Commissioners abstained and that there were three votes that
passed the Ordinance. He advised that a legal opinion from the Commission on Ethics would be
distributed explaining that a Commissioner can vote on measures of this sort when the benefit is
minimal to them individually compared to the over all impact on the group; in this case, over 100
General Employees. He recommended to leave the votes unchanged on the September 26th minutes.
In the future, additional research will be needed to disclose the particular facts of the benefit or loss
prior to adoption of a particular rule or ordinance. Deputy Clerk Johnson clarified that voting conflict
forms would need to be completed and returned so that they may be attached to the September 26th
minutes.
10.5 Mayor McElyea clarified with City Manager Smith that Publix has been asked to pickup the nets
at the driving range.
Mayor McElyea asked that City Manager Smith take action to clarify some trash pickup problems with
BFI that recently have taken place.
Commissioner Mikes expressed his concern for safety at the Neptune Fireworks factory because he
was told that doors on trailers holding fireworks remain open while test firing is conducted. City
Manager Smith agreed to have the Fire Marshal check into the matter.
® 11. DISCUSSION AND POSSIBLE ACTION:
(continued from November 14, 2000 Regular Meeting)
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.
Attorney Jason Slatkin, on behalf of the Estate of William R. Becker, Jr., advised that there are actually
two liens being addressed tonight and City Manager Smith concurred that a Debris Removal Lien is
also being considered. Attorney Slatkin advised that he was successful in receiving a substantial
abatement of Code Enforcement lien CEB94-0247 recently and that his client is also requesting
consideration of abating the two additional liens.
Ken Koch, Building Official, reminded the City Commission that Unsafe Structures liens involve the
demolition of buildings that impose a direct out-of-pocket expense on the City. Attorney Slatkin clarified
that his client is will to pay hard costs of the liens and are only requesting abatement of accrued
interest.
Due to some confusion on the actual amounts due on the liens, City Manager Smith clarified that the
figures in the backup material include interest calculated up through today. Commissioner Cali
mentioned that there are also amounts due on an outstanding water bill and 1999 Non-Ad Valorem
Assessments. Commissioner Cali expressed his opinion that any attorney fees that the City may have
had to pay during the processing of these liens should have also been included in the final calculations.
® A motion was made by Commissioner Cali, seconded by Commissioner Etling, abating the accrued
interest amounting to $1,503.84 on the Unsafe Structures Lien and Debris Removal Lien for a total
MINUTES
CITY OF DANIA BEACH 7 NOVEMBER 28, 2000
amount due of$8,654.22 to be paid within 15 days from November 29th or the full lien amounts would
revert back.
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
(continued from November 14, 2000 Regular Meeting)
11.2 Request by Herbert Wayne Mainguy, representing Port Consolidated, Inc., to allow the
placement of a temporary office trailer on site for property located at 3141 SE 14tn Avenue, Port
Everglades for a period of six months. (Staff)
Laurence Leeds, Growth Management Director, advised that staff has no objection to the trailer
remaining on the site longer than the deadline of July 2, 2001 and he pointed out that the applicant
must obtain a building permit before the trailer is removed.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the request
as presented.
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 11.4 was heard after Item 11.2
11.3 Request by Bill Fauerbach, representing Publix Supermarkets, Inc., to waive the restriction on
the sale of alcoholic beverages between 7:00 AM and 1:00 PM on Sundays for Sunday, December 24tn
2000 and Sunday, December 315t, 2000. (City Attorney)
City Attorney Ansbro advised that there are no Code provisions authorizing the waiver of hours of sale
of packaged goods and that the City Commission could take action to relax the enforcement on the sale
of packaged goods for Christmas and New Year's Eve.
Commissioner Mikes expressed his opposition.
Tom Zemaitis, Manager of Publix @ Oakbridge#715, 3102 Griffin Road, read a letter from the manager
of the Hollywood Publix on Sheridan Street advising that the City of Hollywood does allow the sale of
beer in the morning hours on Sundays.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, requesting that BSO
refrain from enforcing the sale of packaged goods during the hours of 7:00 a.m. to 1:00 p.m. Sunday,
December 24th and December 315t with the understanding that this only includes the sale of wine and
beer and no sale of hard liquor or consumption on site.
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 NOVEMBER 28, 2000
Item 8.1 was heard after Item 11.3.
Item 11.4 was heard after Item 11.2.
(continued from June 28, 2000 Regular Meeting)
11.4 Reconsideration of Sign Adjustment (SA-102-99) request by Jay Kodner for Kodner Galleries.
Laurence Leeds, Growth Management Director, explained that the City Commission agreed on May 23
to continue the Sign Adjustment for Jay Kodner as long as he provided a plan showing that the paint
was removed from the windows. However, Mr. Kodner did not present an architectural plan as
requested by the City Commission. Mr. Kodner then became ill and did not attend subsequent City
Commission meetings. Mr. Leeds requested direction from the City Commission on whether or not to
continue the Sign Adjustment request.
Mayor McElyea allowed Ann Carlton to address the City Commission.
Ann Carlton, 743 NE 80th Street, Miami, stated that Mr. Kodner was commissioned to sell, on
consignment, some of her Disney properties and she was assured that he was bonded as an
auctioneer. As time went on, Ms. Carlton stated that problems ensued with Mr. Kodner and after many
requests of him to return her goods estimated at $175,000.00, she had to resort to hiring an attorney
and reported the matter to the Miami Police Department and BSO. Ms. Carlton urged the City
Commission to deny Mr. Kodner's request for an Auctioneer License.
City Attorney Ansbro advised Ms. Carlton that the City Commission is dealing with a Sign Adjustment
request at this time and that she may present her comments about Mr. Kodner at the time that the
renewal of his Auctioneer License is heard.
Commissioner Mikes requested that Ms. Carlton speak with City Attorney.Ansbro on providing a written
complaint for the record.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, continuing the Sign
Adjustment request for Jay Kodner to the January 9, 2001 Commission 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
11.5 Report on Pier Restaurant Agreement for Lease with Whiskey Creek Food &Tackle, Inc. (City
Attorney)
City Attorney Ansbro explained that on November 14th the Lease was approved with Whiskey Creek
Food & Tackle for the Pier Restaurant and that the tenants would like to include language allowing the
change of ownership through stock transfers. The intent of the provision is to allow the tenant the
opportunity to sell shares in the corporation without it being deemed an assignment in the event that
more than 51% of stocks are sold. Attorney Ansbro wasn't concerned with the stock transfers as long
as a provision is included retaining the key personnel, Mr. Petrillo and Mr. Hooper, on the lease for a
stipulated period of time.
Commissioner Mikes was quite concerned that the tenant's intentions might be to retail some shares,
make some money and then leave. It was his understanding that Tarpon Bend was awarded the bid for
the Pier Restaurant based on their reputation as restaurant operators and with the understanding that
they would build the business over time to make it successful.
MINUTES
CITY OF DANIA BEACH 9 NOVEMBER 28, 2000
City Attorney Ansbro pointed out that the initial concern was to get an experienced restaurateur to build
the building at the pier and as long as the tenant provides experienced individuals to operate the
business, he didn't think the City should be concerned with who owns the corporation.
Commissioner Etling pointed out that the stock transfer proposal might be a way for the tenants to raise
some capital based on the fact that they have recently expanded their Fort Lauderdale restaurant
operation. He was supportive of the additional language being added as long as City Attorney Ansbro
provides necessary provisions that the key people will operate the restaurant for at least the first five
years.
Vice-Mayor Bertino was concerned with claims on the building. City Attorney Ansbro advised that once
the building is built at the pier, it belongs to the City free and clear and that the tenants could not sell
more shares of stock than the lease hold value of the building. Vice-Mayor Bertino stated that the City
entered into the deal because of the expertise of the tenants and they are now offering a different deal,
which, in his opinion, is an assignment of the lease.
Commissioner Cali advised that the tenants could remain as principals of the corporation but they could
not also be stockholders. He suggested that the lease with Fort Lauderdale and the tenants for the New
River House be reviewed to determine how another governmental agency handled the stock issue.
Vice-Mayor Bertino suggested that the tenants take money from their Fort Lauderdale restaurant to sell
to stock holders and retain their money at the Dania Beach Pier Restaurant. He thought that this would
be a better solution for securing the City with interest to make the business successful.
Commissioner Cali advised that this deal is no different from Bass Pro who is now selling out to a third-
party after the City made so many financial concessions and with the possibility that the City may not
get a finished product since the Tanger Mall project fell through. Vice-Mayor Bertino disagreed with
® Commissioner Cali's comments as the City will get back the financial concessions provided to Bass Pro
through ad valorem taxes and the Pier Restaurant lease being for City property.
City Attorney Ansbro was directed to present the City Commission's concerns back to the tenants and
have them attend the City Commission meeting on December 12, 2000.
Item 11.12 was heard after Item 11.5.
Item 11.6 was heard after Item 11.12.
11.6 Discussion of annexation bill for Riverland Road area. (City Manager)
City Manager Smith presented a draft study conducted by P & G Associates on anticipated revenues,
demographics, and housing stock from the Riverland Road area. City Manager Smith advised that the
City of Fort Lauderdale is also interested in annexing the area and that the only service problem for
Dania Beach would be providing Fire Rescue. He was confident that an Interlocal Agreement with Fort
Lauderdale could solve the service problem and that Law enforcement and utilities would not be a
problem for the area.
Commissioner Cali supported the annexation bill and suggested that the bill also include deannexation
of some of the properties north of Stirling Road.
City Manager Smith advised that there is 1.2 million dollars in assessed valuation of commercial
properties in the proposed annexation area.
The City Commission generally agreed to move forward with the annexation as long as the area does
not have the option of remaining unincorporated.
MINUTES
CITY OF DANIA BEACH 10 NOVEMBER 28, 2000
A motion was made by Commissioner Cali, seconded by Commissioner Etling, directing City Manager
Smith to proceed with the bill for annexation of Riverland Road area that includes areas east of 441.
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
11.7 Discussion of Broward League of Cities Replant Broward Project. (City Manager)
City Manager Smith mentioned the opportunities available to the City by utilizing the Replant Broward
Project. Commissioner Cali mentioned the need to improve the medians east of Federal Highway on
Dania Beach Boulevard. City Manager Smith advised that there are beautification grants coming in the
future and that Public Works has a plan for upgrading the landscaping on Dania Beach Boulevard and
that the plan would be provided to the City Commission.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, directing City Manager
Smith to move forward with the Broward League of Cities Replant Broward Project.
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
11.8 Discussion of extending resident privileges for beach parking permits, I.T. Parker rental
discount, and Recreation Program fees to newly annexed area. (City Manager)
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, extending resident
privileges as presented by the City Manager for the newly annexed area of the City.
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 11.11 was heard after Item 11.8
Item 11.9 was heard after 7.5
11.9 Request by Thomas Cimaglia for renewal of Occupational License for Dania Auction Gallery,
Inc. located at 48 South Federal Highway. (Staff)
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, approving the renewal of
the Occupational License for Dania Auction Gallery for a period of 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
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CITY OF DANIA BEACH 11 NOVEMBER 28, 2000
11.10 Reconsideration of Request for Abatement of Code Enforcement Lien (CEBOo-0423) by LRM
Leasing, Co., Inc. for property located at 3401 Griffin Road, Dania Beach. (Mayor McElyea)
. A motion was made by Commissioner Etling, seconded by Commissioner Cali, reconsidering the action
taken on November 14th denying the request for abatement for LRM Leasing.
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
Attorney Rayson, LRM Leasing, mentioned that the property was in need of improvement when Leon
Brauser, President of LRM Leasing Co., Inc., took over the property. He advised that his client is willing
to pay $4,000.00 as a fair compromise in resolving the Code Enforcement lien.
Commissioner Etling agreed that there were some mitigating factors involved in this Code Enforcement
case and made a motion, seconded by Commissioner Cali, reducing the lien by 50% ($4,325.00)
subject to the lien being paid within 30 days or the lien would revert back to the full amount.
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
Item 11.3 was heard after Item 11.10.
Item 11.11 was heard after Item 11.8.
11.11 Discussion of condition of Trail's End property. (Commissioner Mikes)
Commissioner Mikes presented concern for the debris and litter on the Trails End property that is not
being cleaned up by the airport. City Manager Smith agreed to contact the appropriate representatives.
Item 12 was heard after Item 11.11.
Item 11.12 was heard after Item 11.5.
11.12 Request by Retro Interiors to erect a tent at K&K Transfer, 5 NW 3rd Avenue, from December 9th
to loth. (Staff)
Laurence Leeds, Growth Management Director, advised that the site has no parking and that there is
concern that fire vehicles might be obstructed during the sale. He recommended that delivery trucks be
prohibited from operating out of the K & K site during December 9th and 10th and that the applicant be
required to obtain permission from the Fire Marshal to ensure that there will not be any interference
with the Fire Department.
Mitchell Block agreed to contact the Fire Marshal and explained that a security guard will be directing
traffic. He presented a site plan for review by the City Commission and a letter from an adjoining
property owner who has agreed to allow the use of a 50'x40' lot for parking.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving the request
® as long as the site plan as presented meets all building and public safety requirements and that BSO
be used for off-duty security.
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CITY OF DANIA BEACH 12 NOVEMBER 28, 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 11.6 was heard after Item 11.12
12. APPOINTMENTS: (no appointments were submitted)
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.
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.
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Smith presented a draft letter for review by the City Commissioners that will be
send out to the residents in the newly annexed area.
13.2 City Attorney Ansbro reported that he has not received any communication from the attorney
representing Banc of America in regards to an unrestrictive assignment on the Harbour Towne lease.
• 14. ADJOURNMENT
This meeting adjourned at 9:55 p.m.
MAYOR-COMMISSIOI��I '�
ACTING C TY CLERK
Respectfully submitted by Charlene Johnson
Deputy City Clerk
APPROVED: 12/12/2000
MINUTES
CITY OF DANIA BEACH 13 NOVEMBER 28, 2000