HomeMy WebLinkAbout2000-12-19 Special Meeting City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
DECEMBER 19, 2000
1. MAYOR MCELYEA CALLED THE MEETING TO ORDER AT 7:35 P.M.
2. ROLL CALL
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
Assistant City Attorney: Gary Resnick
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
3.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERIM
FRANCHISE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ADELPHIA
BUSINESS SOLUTIONS INVESTMENTS, L.L.C. FOR THE USE OF THE CITY'S RIGHTS-
OF-WAY TO CONSTRUCT AND MAINTAIN DUCTS, CONDUITS AND OTHER
COMMUNICATIONS INFRASTRUCTURE AND FACILITIES FOR THE INSTALLATION OF
FIBER , OPTIC CABLES AND ASSOCIATED EQUIPMENT TO PROVIDE
TELECOMMUNICATIONS SERVICES; PROVIDING . FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Bertino clarified that the Interim Agreement is for five years and questioned
whether it would be in the City's best interest to have the agreement sunset when the
general ordinance is adopted and effective. Attorney Gary Resnick explained that the
agreement provides for termination upon enactment of the proposed ordinance currently
being prepared that would regulate the City's rights-of-ways. In regards to
compensation, the City will receive 1% of gross receipts and there is no assignment
without City Commission approval. Vice-Mayor Bertino requested that wording be
included that the City will restrict construction in certain rights-of-way to protect future
municipal use. Attorney Resnick recommended adding the following language to
Section 5.1 (b) on Page 6, "the City may, when issuing permits, specify the specific
locations in the rights-of-way that the franchisee may install its facilities including the
depth of such facilities underground".
Victor Beninate, Bell South, mentioned that the depth for installing cable is determined
by the location of the power lines. Attorney Resnick pointed out language relating to this
matter on page 8, Section 5.2. Vice-Mayor Bertino was concerned with the overloading
of facilities in rights-of-ways and methods used to determine existing facilities at the time
of new installations. He recommended that procedures be worked out and engineering
plans be provided on existing facilities.
MINUTES
SPECIAL MEETING 1 DECEMBER 19, 2000
Mr. Tony Cobleski, Project Manager for Adelphia Business Solutions Investments, LLC,
explained that the standard hand hold area used for their facilities is 36" deep, 4 feet
long, 30" wide (9 cubic feet) and that the size of the areas differ with each company. Mr.
Cobleski explained procedures for repairs and assured the City Commission that all
existing facilities are located before the installations begin and that they try to stay away
from utility and power lines. Attorney Resnick advised that companies are required to
follow existing above or below ground locations for installations. Mr. Victor Beninate,
BellSouth, advised that companies desire to work with the municipalities in regards to
installations and that "as builts" are used to define the locations.
Vice-Mayor Bertino requested language be added to force these companies to remove
their facilities in the event that the City needed to use the rights-of-way for public utility
purposes. Attorney Resnick advised that Section 8 covers this concern and Vice-Mayor
Bertino requested that the entire Section 337.403, Florida statutes, be added to the
section.
Commissioner Mikes stressed that City rights-of-ways were designed for local services
and not for fiber optic cable installations. He was concerned that the rights-of-ways may
not be available for future City infrastructure needs. He recommended language be
included in the agreement providing for the City Commission to approve the routes after
engineering plans are submitted so that alternate routes could be imposed as a way for
the City to maintain control.
Commissioner Cali clarified that as of January 1, 2001, the City will not be able to
require any telecom company to enter into a franchise agreement. Attorney Resnick
explained that as of January 1, companies will only be required to register with the City
and be allowed to apply for a permit for installations. Attorney Resnick was of the
opinion that the City would be in a better position entering into the franchise agreement
than to adopt an ordinance and risk possible challenge by companies in January.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting
the resolution. The motion was superceded by a motion to amend the agreement.
Vice-Mayor Bertino suggested to charge a fee covering the costs associated with
obtaining engineering plans necessary to grant permits to ensure that the rights-of-ways
are expeditiously utilized. Attorney Resnick advised that the Statute pre-empts the City
from charging this type of fee.
Commissioner Mikes advised that the City of Hollywood enacted an Ordinance some
time ago controlling their rights-of-ways and requested an explanation from City
Manager Smith on why it has taken so long for the City to adopt a similar ordinance
protecting the City's rights-of-ways. Attorney Ansbro explained that telecommunications
companies have Federal and State protections to do what they want and that
municipalities are required by law to accommodate the installations. Attorney Ansbro
clarified that Hollywood's Ordinance only provides protection to the extent that the
Statute conflicts with it and that it wouldn't matter if the City had an ordinance. Attorney
Resnick advised that an ordinance governing the rights-of-way will be forthcoming in a
couple of weeks.
In response to the City approving the routes, Mr. Tony Cobleski, Project Manager for
Adelphia Business Solutions Investments, LLC, advised that his company understands
MINUTES
SPECIAL MEETING 2 DECEMBER 19, 2000
that Cities have the option of dictating the routes and that they agree that plans should
show all existing facilities before installations begin.
Commissioner Mikes recommended that language be added to Section 5.1(b) "route
specification and intended routes be approved by the City Commission". Victor Beninate
recommended that City staff be given the authority to approve the routes so as not to
make it difficult to provide service on a timely manner. Commissioner Mikes mentioned
that since Mr. Cobleski is willing to work with the City, the agreement should be
amended. He stressed the need for an ordinance regulating the rights-of-ways to be
adopted as soon as possible and for the City to contact the League of Cities to lobby the
legislature to provide more protections for City rights-of-ways.
Commissioner Etling clarified with Attorney Resnick that the City Commission, under the
current Statute, cannot be interjected into the permitting process in a new ordinance and
he urged the City Commission to adopt the agreement as presented since the City will
not be able to impose any agreements after January 1.
Vice-Mayor Bertino understood that the City cannot force telecom companies to pay for
engineering plans to ensure that the lines are being installed properly. He inquired as to
whether Cities could take the necessary time involved to increase taxes or implement a
bond to cover engineering costs to properly regular rights-of-ways. Attorney Resnick
advised that it should take a reasonable amount of time for a building permit to be
issued, and if it took longer than a few weeks to a month, the telecommunication
companies might file an injunction stating that the City is creating a "barrier to entry",
which is prohibited under Federal Law. The companies could argue in court that
because companies like BellSouth that are already in place were not required to provide
engineering plans and it could be considered a "barrier to entry." Attorney Resnick
advised that the issue before the City Commission tonight is the approval of these two
agreements and that the engineering review issue should be addressed at the time the
general ordinance regulating rights-of-ways is presented. Attorney Resnick agreed that
the City would have the right to reserve rights-of-way areas for future public purpose.
Vice-Mayor Bertino asked whether the agreement requires applicants to locate all lines
and facilities in the proposed route and report this information to the city before the
permit is issued. Attorney Resnick pointed out that the agreement provides for the
applicant to determine and locate facilities in the rights of way, however, the requirement
that they report this information to the.City is not in the agreement. Vice-Mayor Bertino
requested that the agreement include the requirement.
Bud Palm, Public Works/Utilities Director, couldn't understand why the companies are
requesting approval of the agreements when they can just wait until January to get what
they want without City approval.
Commissioner Mikes disagreed with using "as builts" as a method of determining where
the lines should be installed and urged the City Commission to require true engineering
plans. .Attorney Resnick advised that the City does not currently have this requirement
in the Code and that this would be inserted into the enabling ordinance dealing with the
management of the rights-of-ways. Commissioner Mikes stated that the City should hire
the engineer, not the applicant.
MINUTES
SPECIAL MEETING 3 DECEMBER 19, 2000
Mr. Palm cautioned the City Commission that there just won't be enough room for all of
the fiber optic lines in the rights-of-way. Attorney Resnick advised that a permit could be
denied if there isn't enough room for the installation.
Vice-Mayor Bertino recommended that the City require the following procedures:
1. The applicant be required to submit engineering plans at the time of permit showing
existing facilities;
2. The applicant provide engineering plans of what they are putting in the ground,
3. Bud Palm, Utilities Director, would assign the locations for the fiber optic lines and
establish a grid system.
Commissioner Mikes pointed out that Bud Palm would not be able to project what the
City's infrastructure needs would be in the future and recommended transient systems
be required to install in rights-of-ways that would not conflict with local service rights-of-
ways.
Bud Palm advised that Calvin, Giordano &Associates is currently reviewing the City's
future needs for rights-of-way. He pointed out that fiber optic lines are creating such an
impact on the City's water lines that back hoes cannot be used to make repairs. Instead,
an expensive jet machine has to jet water through the holes and suck the dirt out, which
wears the machine out that was designed for the City's storm water system. Vice-Mayor
Bertino stated that the City should not allow any installations over water lines and that
these areas should be designated as reserve.
City Attorney Ansbro agreed that an ordinance needs to be implemented as the City
• Code does not currently have any excavation requirements for companies to obtain a
permit to dig up the subsurface for utilities like gas, water, sewer, or gray water.
Commissioner Mikes stressed his displeasure that the ordinance was not completed
months ago when NE 2"d Avenue was being torn up for fiber optic line installations.
A motion was made by Commissioner Mikes, seconded by.Vice-Mayor Bertino,
amending the agreement to include the following: (1) Routes specification and intended
routes shall be approved by the City Commission; (2) When applying for permits for
underground construction, the franchisee shall submit maps or other information
indicating the location of existing utilities already in the rights-of-way along the routes
sought to be used by the franchisee; (3) The City may, when issuing permits, specify the
specific locations in the rights-of-way that the Franchisee may install its facilities
including the depth of such facilities installed underground.
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
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting
the resolution approving the agreement as amended.
The motion passed on the following 3/2 roll call vote:
Commissioner Cali-no Commissioner Etling-no
MINUTES
SPECIAL MEETING 4 DECEMBER 19, 2000
Commissioner Mikes-yes Vice-Mayor Bertino-yes
® Mayor McElyea-yes
3.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERIM
FRANCHISE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND AMERICAN
COMMUNICATION SERVICES OF JACKSONVILLE, INC., D/B/A E.SPIRE FOR THE USE
OF THE CITY'S RIGHTS-OF-WAY TO CONSTRUCT AND MAINTAIN DUCTS, CONDUITS
AND OTHER COMMUNICATIONS INFRASTRUCTURE AND FACILITIES FOR THE
INSTALLATION OF FIBER OPTIC CABLES AND ASSOCIATED EQUIPMENT TO PROVIDE
TELECOMMUNICATIONS SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Attorney Resnick read the title of the resolution with American Communication Services
of Jacksonville, Inc. dba/E.Spire and advised that this agreement is identical to the
Adelphia Agreement without the amendments.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting
the resolution approving the agreement with American Communication Services of
Jacksonville, Inc. dba/E.Spire. This motion was superceded by the motion to amend the
agreement.
Attorney Resnick restated the previous three amendments that were added to the
Adelphia agreement for Attorney Gerry Knight, representing E.Spire.
Attorney Knight mentioned that he had presented language to Attorney Resnick to be
. placed in the agreement clarifying that E.Spire will receive equal treatment as any
company regarding the payment of fees under the new fee ordinance. Attorney Resnick
had no objection with adding the additional language but advised that the fees specified
in the agreement are the same as the fees specified in the proposed
Telecommunications Fee Ordinance. Attorney Resnick agreed that the relocation
language from Statute 337.403 would be added to the agreement. Attorney Knight
clarified that he does not have the authority to agree to the other two amendments
relating to the City Commission approving the routes and the franchisee having to
submit maps or other information indicating the location of existing utilities. Attorney
Knight advised that his client is required by Florida Statutes 556 to identify the location of
other utilities in the rights-of-ways before they install their facilities so the City is
protected.
Commissioner Etling stated that the City may not be accomplishing anything with
Adelphia if they will not agree to the amendments and they can apply for a permit
January 1 without being required to execute an agreement. City Attorney Ansbro added
that the two companies (Adelphia and E.Spire) have offered $5,000.00 each to cover
some of the costs imposed on the City to negotiate the agreements and the funds will be
returned if the agreements are not executed.
Attorney Knight advised that they have been working on this issue with the City for
months and months and that the agreement provides some marginal benefits to E.Spire
with the way it is written and that the City definitely is provided some protections.
Vice-Mayor Bertino asked if the City would have the right to require the companies to
provide engineering plans on what they are installing, where they are installing, and the
MINUTES
SPECIAL MEETING 5 DECEMBER 19, 2000
route they will use. Attorney Resnick thought that the City may have the right to require
all three issues based on a case involving BellSouth in Coral Springs in which the
District Court upheld the City's requirement that the companies provide information on
the ability of the rights-of-way to accommodate the proposed systems even though the
case is on appeal. Attorney Resnick advised that the Statute does not protect the City on
the three items and that an ordinance needs to be in place. Vice-Mayor Bertino
suggested that the City may want to meet right away in January or consider imposing a
moratorium for a week or five days or 10 days until the Ordinance can be brought into
effect. Attorney Resnick disagreed with taking action to impose a moratorium and
pointed out that the companies would only be registering come January or possibly
applying for a permit. During the time that staff reviews the information submitted by the
companies before issuing permits, the City could adopt the ordinance regulating the
rights-of-ways.
Attorney Knight clarified with the City Commission that he could not hold out any
expectation that his client will agree to the amendments as it was his opinion that they
go beyond the legal limitations of what the City can do.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino,
amending the agreement to include the same conditions as in item 3.1.
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
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino,
adopting the resolution approving the agreement as amended:
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 3.8 was heard after Item 3.2.
3.3 was heard after Item 3.10
3.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER ' TO APPLY TO THE BROWARD BEAUTIFUL 2000/2001 STATE
THOROUGHFARE BEAUTIFICATION GRANT PROGRAM IN THE APPROXIMATE
AMOUNT OF $60,000.00 FOR LANDSCAPING AND BEAUTIFICATION IMPROVEMENTS
OF DANIA BEACH BOULEVARD FROM FEDERAL HIGHWAY TO FRONTON
BOULEVARD; AUTHORIZING THE CITY MANAGER TO COMMIT MATCHING FUNDS,
THROUGH CASH AND IN-KIND SERVICES, IN THE APPROXIMATE AMOUNT OF
$60,000.00 IN ACCORDANCE WITH THE GRANT PROGRAM; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
MINUTES
SPECIAL MEETING 6 DECEMBER 19, 2000
City Manager Smith expected half of the grant to be in-kind services and half to be cash
• for.landscaping enhancement of the Dania Beach Boulevard and Federal Highway
medians. He mentioned that some concrete will also be removed so that additional
installation of landscaping can be added.
Commissioner Mikes stressed the need to bring the landscaping plans before the City
Commission for approval before any installation begins as some of the materials require
extensive maintenance and there is a need to install the right type of plantings to reduce
maintenance.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting
the resolution.
The motion passed on the following 4/0 roll call vote with Commissioner Etling out of the
room:
Commissioner Cali —yes Commissioner Mikes-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
Commissioner Cali suggested that City Manager Smith contact businesses along the
area when the landscaping plan is approved in an effort to see if they might be
encouraged to make landscaping improvements to compliment the City's project.
3.4 Discussion of installing permanent brackets for banners on Federal Highway and entering into
agreement with FDOT on approving future usage. (Vice-Mayor Bertino)
Vice-Mayor Bertino mentioned that there are so many organizations that are trying to
advertise events and that there is a need to enter into an agreement with FDOT.
City Attorney Ansbro presented a resolution from Fort Lauderdale relating to the
approval of banner sign applications and clarified that FDOT requires municipalities to
apply for permission to install banner signs involving any FDOT rights-of-ways. City
Attorney Ansbro reviewed the procedures and agreed to prepare a resolution conforming
to Fort Lauderdale's procedures for the January 9th meeting.
Vice-Mayor Bertino requested that the resolution include the requirement that banner
approvals be brought back before the City Commission for each event.
Mr. Leeds was advised that the banner request by Main Street for the upcoming Tomato
Festival was previously approved December 12, 2000.
3.5 Discussion of City's legal assistance regarding the expansion of the Hollywood Sewer Plant.
(City Attorney)
City Attorney Ansbro advised that there is a conflict that exists with his law firm, Weiss,
Serota, et al, in representing the City in the Large User Sewer Agreement matter and
recommended that the City Commission consider using Attorney Chris Ryan, Ryan &
Ryan, P.A., to handle the legal concerns.
MINUTES
SPECIAL MEETING 7 DECEMBER 19, 2000
Commissioner Cali suggested that the City use someone who is experienced in utility
matters. City Attorney Ansbro advised that he has had a problem finding someone with
utility experience and that he is comfortable with Attorney Chris Ryan.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling,
authorizing City Attorney Ansbro to work with Attorney Chris Ryan, as Special Counsel
for the City, in the Large User Sewer Agreement matter.
The motion 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
3.6 Discussion of amendments to the Code regarding issuance of citations for violations of water
usage restrictions imposed by South Florida Water Management District. (City Attorney)
City Attorney Ansbro advised that most of the cities like Miramar try to implement the
least obtrusive measures upon citizens for complying with water usage restrictions and
that the City passed an ordinance in 1991 (Article 2) providing procedures for water
usage restrictions by the South Florida Water Management District. City Attorney
Ansbro stressed the need to educate the public and to have an officer advise residents
when they are violating the procedures.
Commissioner Etling inquired as to how the western portion of the City would be handled
since the water comes from the County. City Attorney Ansbro thought that the County
can be contacted to assist the City by adding language on the water bills informing
residents of the restrictions. City Attorney Ansbro advised that the maximum penalty for
water violations is 60 days in jail or $500 fine in the Code.
City Manager Smith stated that if the South Florida Water Management District finds that
the City is lax in enforcing the provisions, the City can be fined $10,000 a day and water
use permits can be revoked. City Manager Smith agreed that citizens should be warned
before any strict action be taken.
City Attorney Ansbro advised that the current provisions can be left as is and that the
City should take actions to inform the public and to take actions to prosecute the
violators who have had notice in court.
Bud Palm, Utilities Director, advised that crew leaders are placing door hangers on
resident's doors to provide water restriction information and he agreed to adjust timing
on City sprinkler systems to ensure that the City is in compliance with the restrictions.
3.7 Discussion of retention of engineer through City Attorney office to review Ryan Eastern
matter. (City Manager)
City Manager Smith recommended retaining the firm of Kimley Horn, through the City
Attorney's Office, so that there work product is confidential in the Tigertail Lake Dredging
matter with Ryan Eastern.
MINUTES
SPECIAL MEETING 8 DECEMBER 19, 2000
City Attorney Ansbro advised that he would be using the firm as an expert witness and
consultant so they are legally part of the City's legal team in responding to the claim as
the City has received a request for mediation, which is the first step under the
contractual commitments for the Ryan Eastern Contract.
Mayor McElyea thought that the amount of fill in question is in the Tigertail Lake and he
suggested that City Attorney Ansbro represent the City by pursuing the insurance
company representing Calvin, Giordano &Associates, Inc., the City's Engineers who
handled the dredging project for the City. Mayor McElyea thought that Kimley-Horn will
work for Ryan Eastern who works through out the country and not for the City and that
the proper dredging equipment should have been used by Ryan Eastern in the Tigertail
Lake.
Commissioner Mikes clarified that City Attorney Ansbro is going to negotiate a price with
Kimley-Horn and report back to the City Commission.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, directing
staff to enter into negotiations with Kimley-Horn.
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
After Item 3.7, the meeting adjourned.
Item 3.8 was heard after Item 3.2.
3.8 Discussion of FDOT agreement for maintenance of right-of-way adjacent to Storage Mart
(Griffin Road & 1-95). (Staff)
Laurence Leeds, Growth Management Director, explained that the City granted a
substantial parking variance to Storage Mart on August 10, 1999, so that they could
build the building in the existing configuration. As part of the variance agreement, the
petitioner was required to contact FDOT regarding the'installation of landscaping of the
adjacent retention area located directly to the east. Storage Mart has not completed the
landscaping of the site even after continued requests by staff. It was discovered by the
City's Landscape Architect that FDOT's policy is to enter into perpetual maintenance
agreements with municipalities. Mr. Leeds pointed out that if Storage Mart does not
follow through on the maintenance that FDOT would expect the City to comply. Mr.
Leeds explained his recommendations outlined in his letter to Storage Mart and
recommended delaying the issuance of the Certificate of Occupancy to Storage Mart
until all conditions have been complied with. Mr. Leeds also disagreed with posting a
bond for the landscaping based on the City's lack of staffing available to follow up and
no engineering staff available to oversee the project.
Attorney Ansbro advised that it was his recommendation to have Storage Mart work with
FDOT on installing and maintaining the landscaping and thought the City could enter into
an agreement with FDOT for the parcel and assign the obligations over to Storage Mart
• or by restrictive covenant. He also understood that the City may not wish to pursue the
responsibility of the project for fear of it being a maintenance nightmare on City staff.
MINUTES
SPECIAL MEETING 9 DECEMBER 19, 2000
• Commissioner Etling suggested to select landscaping requiring absolute minimum
maintenance like pampus grass and clusters of palm trees to provide a pleasant entry.
Mr. Leeds agreed that minimum landscaping could be installed but urged the City
Commission to hold up the C/O until Storage Mart has complied with all of the
landscaping requirements.
Mayor McElyea suggested changing the land us of the property since the City granted a
variance for reduced parking and to support Mr. Leed's recommendation.
Emerson Allsworth, representing Storage Mart, clarified that they have always been
willing to install and maintain the landscaping for the area and that they were also
required to receive approval from FDOT for a deceleration lane. Mr. Allsworth stated that
FDOT would not enter into an agreement with them or issue a permit for the
landscaping, which is why the project has taken so long. He agreed to the City entering
into an Agreement with FDOT and assigning the obligation over to his client and
mentioned that the landscape proposal is currently being reviewed by the City's
Landscape Consultants and will ultimately have to be approved by FDOT. He advised
that the building is almost finished and that his client is willing to pay the City an amount
to cover the landscaping for the City to install the landscaping and urged the City
Commission not to hold up the Certificate of Occupancy. He agreed to accept a
temporary c/o and post cash with the City for the cost of installation of the landscaping.
Vice-Mayor Bertino stressed the need to make Storage Mart provide a good landscaping
plan and not to cut corners since they were issued a variance and supported Mr. Leed's
• recommendation to hold the Certificate of Occupancy until they comply.
Attorney advised Mr. Allsworth they he will structure the agreement to revoke the
Certificate of Occupancy to Storage Mart if they do not comply on a timely basis.
A motion was made by Commissioner Cali, seconded by Commissioner Etling,
authorizing the issuance of a Temporary Certificate of Occupancy to Storage Mart
for a period not to exceed 30 days after issuance, in order for the City Attorney
Ansbro to (1) enter into an agreement with the Florida Department of
Transportation for landscaping of the adjacent(to the east) C-4 parcel, and (2)
assignment of an agreement to Storage mart covering the obligations for
installation and maintenance of said landscaping; (3) In addition, prior to issuance
of Temporary Certificate of Occupancy, Storage Mart will provide the City with
cash equal to double the costs associated with installation of the landscaping; (4)
The landscape plan will be reviewed and approved by the City's Landscape
Consultant prior to installation; (5) Storage Mart agrees to pay all cost recovery
fees to the City for City Attorney Ansbro and the City Landscape consultant to
expedite the legal process associated with this matter.
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
•
MINUTES
SPECIAL MEETING 10 DECEMBER 19, 2000
s.
3.9 Continued discussion relating to American Offshore Marine facility. (staff)
Commissioner Mikes expressed concern that the American Offshore Marine building is
not being completed as was proposed and approved by the City Commission.
Ken Koch, Building Official, explained the architecture features of the building and
assured Commissioner Mikes that final inspection and Certificate of Occupancy will not
be granted to American Offshore Marine until the building matches the site plan.
Commissioner Mikes mentioned that there appears to be three colors on the panels on
one side of building. Mr. Koch suggested discussing the colors with the developer and
pointed out that the project is incomplete, at this time, and that some of the landscaping
will need to be replaced before the Certificate of Occupancy can be issued.
Commissioner Cali mentioned that the construction aspect on these types of buildings
changes daily and that the developer has shown a willingness to work with the City and
the community and felt confident that staff would follow up on the requirements of the
approved site plan.
Zen Mierzra, American Offshore Marine, expected completion of the building towards the
end of the February. Mr. Koch expected significant changes on the building by the end
of January.
3.10 Request by Jules Ross, President Dania Coaster Inc., to locate a refurbished historic genuine
1947 Railroad Caboose at the Dania Beach Hurricane Roller Coaster site. (staff)
Laurence Leeds, Growth Management Director, advised that Mr. Jules Ross has
• presented a computer enhancement of how the genuine 1947 railroad caboose would
look like at the north end of the roller coaster site. The caboose is expected to be used
as an office and ticket office.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino,
approving the request as presented.
The motion passed on the following 4/0 roll call with Commissioner Etling out of
the room.
Commissioner Cali —yes. Commissioner Mikes-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
3.3 was heard after item 3.10.
4. ADJOURNMENT
The meeting adjourned at 10:15 p.m.
f 1 MAYOR-COMMIS, TONER
ACTINGCrFYCLERK
Respectfully submitted by Charlene Johnson
® Deputy City Clerk
MINUTES
SPECIAL MEETING 11 DECEMBER 19, 2000