HomeMy WebLinkAbout31252 - MINUTES - City Commission MINUTES I
DANIA CITY COMMISSION
WORKSHOP MEETING
NOVEMBER 28, 1988
7 : 00 P.M.
Present:
Mayor: Charles McElyea
Vice Mayor: Jean Cook
Commissioners : John Bertino (late ) f
Howard Hirsch j
Anthony Stevens
City Attorney: Frank Adler
City Manager: Robert Flatley
City Clerk: Wanda Mullikin
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1 . Discussion regarding modification of Harbour Towne Marina
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lease.
City Manager Flatley reviewed meetings Staff has had with Mr.
David Graham regarding the Harbour Towne Marina lease, and
reported Mr. Graham has agreed to pay ad valorem taxes on the
property upon Commission approval of a sub-lease being j
prepared, to have the sub-lessee provide certain information i
that might be restrictive, and to continue to allow periodic
ireview of the books. Mr. Flatley also suggested that the
lease modification contain a provision for personal liability
rather than corporate liability.
David Graham presented a background on the lease and described
the new proposal . Mr. Graham described the qualifications and
accomplishments of the proposed sub-tenant and noted that
approval of the lease modification is necessary for the
sub-tenant to take over the project started in 1978 and finish it the way it was approved by the D.R.I .
The proposal, whereby the current lease would be modified to {
eliminate the percentage of gross receipts payment provision
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and waiver of city ad valorem tax payments provision and to j
provide for a higher annual lease payment, was discussed in
detail . The Commissioners acknowledged the increased revenue
advantage of collecting $85, 000 a year rent plus approximately
$17, 000 in ad valorem taxes over the current situation of
<h collecting $40, 000 a year rent plus percentage of gross. i
Commissioner Bertino pointed out that the gross receipts would
have to be approximately $1 . 5 million for the city to collect
i $102, 000 under the present lease. IC
! The Commissioners were in general agreement on the positive
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aspects of the proposal and expressed anticipation that
completion of a quality project could have positive effects on
�3 the city in general.
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Commissioner Hirsch pursued negotiations with Mr. Graham in an
attempt to increase the $85, 000 annual rent payment to
$93,000. Mr. Graham agreed to a compromise suggested by Vice
Mayor Cook, whereby the annual rental would be $85,000 for the
first four years, $90, 000 the next four years, and then
} $93, 000. Mr. Graham also agreed to accept personal liability
for the lease modification as recommended by City Manager
Flatley.
This Workshop meeting was then adjourned .
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- CITY CLERK-AUDITOR I
Workshop Meeting 1 November 28 , 1988
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AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
NOVEMBER 28, 1988
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7:00 P.M.
1. Discussion regarding modification of Harbour Towne Marina lease .
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SPECIAL MEETING
8:00 P.M.
1. PUBLIC HEARING - second and final reading of ordinance regarding
regulation of waterways and the construction of boat slips , docks and
1 other related facilities on waterways .
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Z. (8: 15 p.m. ) Receipt of bids for fuel tank modifications.
3. Approval of modification of Harbour Towne Marina lease.
4. Award of bids for fuel tank modifications.
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5. First and second reading of emergency ordinance amending Ordinance No.
41-88 (Safe Neighborhood Improvement District) .
6. Approval of Christmas Tree sales by the Optimist Club of Dania.
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MINUTES I
DANIA CITY COMMISSION
SPECIAL MEETING
NOVEMBER 28, 1988
Present:
Mayor: Charles McElyea
Vice Mayor: Jean Cook
Commissioners : John Bertino
Howard Hirsch
Anthony Stevens
City Attorney: Frank Adler
City Manager: Robert Flatley
City Clerk : Wanda Mullikin
Mayor McElyea called the Special Meeting to order at 8: 00 p.m.
* (Agenda item 3 was addressed at the beginning of this meeting,
having just completed a workshop on the item. )
1. PUBLIC HEARING - second and final reading of ordinance regarding
regulation of waterways and the construction of boat slips, docks
and other related facilities on waterways.
**** (Addressed after agenda item 6. )
The title of the ordinance amending Section 33-40 of the City Code
of Ordinances was read for second and final reading by City
Attorney Adler.
City Attorney Adler recommended acceptance of suggestions made by
Bob Mikes to change the language in the ordinance regarding
14 materials used in the construction of waterways facilities and also
to amend the ordinance to limit the width of floating devices for w-
boatlifting.
Mayor McElyea opened the public hearing. Hearing comments both in
favor and opposition and lengthy discussion of certain regulatory
provisions including mooring width, signs, dolphin pilings, repair
and other residential area useage, the Mayor closed the public
hearing.
City Attorney Adler read into the record the following changes to
the ordinance agreed to by the Commission after hearing the public
input:
Page 3 re no advertising signs at docks - shall read "No
advertising signs of any kind shall be permitted on boats docked
within the residential areas of the city except one 'for sale '
or 'dock for rent ' sign not over 18" x 36" in size. "
Page 4, A and B re no creosoted materials in the construction of
waterways facilities - shall read "only materials and
preservatives approved by Florida Department of Environmental
Regulation (D.E.R. ) and Broward Environmental Quality Control
Board shall be used in the construction of these facilities . "
Paragraph 12E - shall read "no watercraft shall be docked or
anchored adjacent to residential property in such a position
I that it will extend beyond the lot lines for such property. "
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j Page 5 - shall include "No extension of boatlifting devices
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capable of being submerged shall extend more than 10% of the
width of the waterways . More than 10% will require a variance. "
Paragraph 13F - delete "the renting of docks or dock space or
moorings and the rental of boats or any
portion thereof for any
purpose whatsoever shall be specifically prohibited in
residential area. " 4
Page 6 re repairs - permit use of hand-held power tools.
Special Meeting
1 November 28, 1988
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A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to approve the amendments to the ordinance as read . The
motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to adopt the ordinance as amended on second and final
reading. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
2. (8:15 p.m. ) Receipt of bids for fuel tank modifications .
** (Addressed after agenda item 3 . )
A motion was made by Commissioner Hirsch, seconded by Commissioner
Stevens to close the time for receipt of bids . The motion passed
unanimously.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Stevens to open the bids and refer them to the City Manager for
tabulation to be returned to the Commission this evening on agenda
item 4. The motion passed unanimously.
City Manager Flatley opened and read the single bid received from
Scientifics Inc. of Ft. Lauderdale, in the amount of $28,900.
Due to the fact that no bid bond was attached , a motion was made by
Commissioner Hirsch, seconded by Commissioner Bertino to reject the
bid. After discussion of time constraints, the work involved and
the risk of additional high costs to the city, the motion to reject
the bid passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes "'_
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
A motion was then made by Commissioner Bertino, seconded by
Commissioner Hirsch, due to the emergency nature of the situation,
to authorize the City Manager to negotiate a contract to do the
necessary work and to authorize, by resolution, the expenditure of
up to $28, 900. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
=.mF Commissioner Hirsch-yes Mayor McElyea-yes
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Commissioner Stevens-yes
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*** (At this time, agenda item 6 was addressed . )
*. Approval of modification of Harbour Towne Marina lease.
(Addressed at the beginning of this meeting. )
A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to approve the modification of Harbour Towne Marina lease
containing agreements as read for the record by City Attorney
Adler, including provision for payment of ad valorem taxes, and
with changes and additions reflecting the following:
' annual rental payments of $85, 000 for the first 4 years, $90, 000
for the next 4 years, $93, 000 through the year 2000, and
thereafter annual payments of $125, 000 plus the cost of living
adjustment every five years; j
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David Graham 's personal liability for the lease ;
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agreement that the sub-lessee will provide information as to any
of the following: a) bankruptcies , b) mortgage foreclosures, c)
pending litigation which would in any manner affect the ability
of the sub-lessee or its principals, stockholders or principal
partners, and d ) restrictions, restraints or impositions imposed
by the federal or state regulatory agencies such as F.H.A. or
S.E.C. , etc.
Special Meeting 2 November 28, 1988
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
** (At this time, 8: 15 p.m. , time for receipt of bids was closed. )
4. Award of bids for fuel tank modifications.
** (See agenda item 2. )
5. First and second reading of emergency ordinance amending Ordinance
No. 41-88 (Safe Neighborhood Improvement District ) .
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City Attorney Adler explained the emergency ordinance making
technical changes to Ordinance No. 41-88 as required by the State
i in order for the City to obtain its grant .
The title of the ordinance establishing "Dania Safe Neighborhood
Improvement District No. I" was read b P y City Attorney Adler.
Mayor McElyea opened the public hearing. Hearing no one speak in
favor or opposition, the Mayor closed the public hearing.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Stevens to declare this matter an emergency. The motion passed
unanimously.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to approve the ordinance on first reading. The motion
"`A passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes y _
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
Mayor McElyea opened another public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Stevens to adopt the ordinance on second and final reading. The
motion passed on the following roll call vote:
_r, y Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
6. Approval of Christmas Tree sales by the Optimist Club of Dania.
*** (Addressed after agenda item 2 . )
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Gerry Gratton, Optimist Club President, stepped forward to explain
the Club 's request to permit a Christmas Tree lot at 550 South
Federal Highway.
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A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to approve the request. The motion passed on the following !
roll call vote: i
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
**** (At this time, agenda item I was addressed . )
Motion passed to adjourn this Special Meeting . I
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Y -CO M I l L N` 1.
CITY CLERK-AUDITOR
Special Meeting 3 November 28, 1988
{ AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
NOVEMBER 28, 1988
7:00 P.M.
1. Discussion regarding modification of Harbour Towne Marina lease.
I
SPECIAL MEETING
8:00 P.M.
1. PUBLIC HEARING - second and final reading of ordinance regarding
regulation of waterways and the construction of boat slips , docks and
other related facilities on waterways.
2. (8:15 p.m. ) Receipt of bids for fuel tank modifications.
3. Approval of modification of Harbour Towne Marina lease.
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4. Award of bids for fuel tank modifications . �.
5. First and second reading of emergency ordinance amending Ordinance No.
41-88 (Safe Neighborhood Improvement District) .
6. Approval of Christmas Tree sales by the Optimist Club of Dania.
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