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MINUTES
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
JUNE 1, 1999
7:00 P.M.
The meeting was called to order by Mayor Bertino.
Roll Call:
Present:
Mayor John Bertino
Vice-Mayor Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
1. "A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT
TO PERFORM LANDSCAPING ON GRIFFIN ROAD BETWEEN ANGLERS AVENUE
AND SW 31ST AVENUE AND TO COMMIT 50% MATCHING FUNDS IN AN AMOUNT
NOT TO EXCEED $50,000.00 IN CASH AND IN-KIND SERVICES FOR A
LANDSCAPING PROJECT SPONSORED BY THE BROWARD BEAUTIFUL
PROGRAM, UNDER THE AUSPICES OF THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
City Manager Smith explained that this grant, if approved, would be the westward
continuation of a previous landscaping project on Griffin Road between Anglers
Avenue and SW 31st Avenue.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes,
to adopt the resolution authorizing the City Manager to submit the grant
application for landscaping. The motion passed on the following roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes —yes
MINUTES 1 JUNE 1, 1999
SPECIAL MEETING
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2. "A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER
INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
City Attorney read the title of the resolution.
City Manager Smith explained that the Department of Transportation requires
that a maintenance agreement be entered into when landscaping is installed
along a State Road.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea,
to adopt the resolution approving the Agreement with the Florida Department of
Transportation. The motion passed on the following roll call vote:
Commissioner Cali-•yes Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes—yes
The meeting adjourned.
Mayor— Commissioner %
Attest: /
Acting City Clerk
Respectfully Submitted: Nancy Denny
Approved: 12/12/2000
MINUTES 2 JUNE 1, 1999
SPECIAL MEETING
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AGENDA
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
JUNE 1, 1999
7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR
HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF
DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO
LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.
01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE
ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT
SHERYL CHAPMAN,ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL
33004,(954)921-8700, EXT.203,AT LEAST 72 HOURS PRIOR TO MEETING.
CALL TO ORDER
ROLL CALL:
1. "A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO APPLY FOR A GRANT TO PERFORM LANDSCAPING
ON GRIFFIN ROAD BETWEEN ANGLERS AVENUE AND S.W. 31ST
AVENUE AND TO COMMIT 50% MATCHING FUNDS IN AN AMOUNT
NOT TO EXCEED $50,000.00 IN CASH AND IN-KIND SERVICES FOR
A LANDSCAPING PROJECT SPONSORED BY THE BROWARD
BEAUTIFUL PROGRAM, UNDER THE AUSPICES OF THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF
SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
2. "A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND HIS STAFF TO ENTER INTO A HIGHWAY
LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
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MINUTES
DANIA BEACH CITY COMMISSION
WORKSHOP MEETING
JUNE 1, 1999
(IMMEDIATELY FOLLOWED 7:00 P.M. SPECIAL MEETING)
The meeting was called to order by Mayor Bertino.
Roll Call:
Present:
Mayor John Bertino
Vice-Mayor Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
1. Presentation by Pier Pointe Inc. on restaurant proposal at Dania Beach pier.
City Manager Smith explained that Pier Pointe Inc. submitted a proposal in
response to an RFP, and staff, including the City Manager, City Attorney Ansbro
and Attorney Phil Morgan with Brinkley, McNerney & Associates, and a hospitality
consultant Rick Swope who works with Horwath Hospitality, reviewed the proposal.
The reason for this workshop meeting was to discuss the general concept, the
major components of the proposed lease agreement as well as operating issues.
Joseph Stadlen, Vice-President, Intertech Construction, stated that the proposed
project would be a good deal for the City of Dania Beach and would have the
potential to beautify the City and to bring out many of the aspects of what the City
has become through its history and its future.
Mr. Stadlen presented a synopsis of the proposed Lease and Development
Agreement that Pier Pointe intends to enter into with the City.
Pier Pointe will provide the following:
• Design a building on the site of the retail pad which will be approximately
12,000 square feet, consisting of two restaurants, a bait& tackle shop, an
observation tower and ADA accessible bathrooms.
• Obtain the necessary state, county and city approvals for construction and
operation.
• Design, Construct and Finance the proposed building.
• Pay a percentage of profit for the use and control of the retail pad, pier and
dock. (The City would receive a percentage of the net operating income; 15%
would be derived from the retail pad, which includes sales from the bait&
Workshop Meeting 1 June 1, 1999
Dania Beach City Commission
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tackle shop and the two restaurants; 20% of the net operating income from the
pier would be derived from admissions and special events.)
• Solicit tenants and lease two restaurants and a bait and tackle shop.
• Provide 24 hour access to the pier.
• Maintain the physical structure and cosmetic appearance of the proposed
improvements.
• Maintain the sanitary conditions of the pier.
In return the City of Dania will:
• Grant Pier Pointe, Inc. a 20-year lease with an option to renew for 20 years.
• Maintain the structural elements of the pier and retail pad for the term of the
lease.
• Provide matching funds for the construction of the project not to exceed
$400,000.
• Provide sufficient parking to meet City code requirements.
Mr. Stadlen stated that the construction cost was estimated at $1,400,000.00 and
that Pier Pointe was also proposing to renovate the existing public bathrooms just
south of the pier, to install gazebos, renovate the Whiskey Creek dock and
redesign the pier lighting. He stated that an extensive amount of time, effort and
money would be spent on advertising and promotion.
Darius Zubrowski, Architect, explained that they would like to create a destination
point for travelers on cruise ships. The project would also start to tie in the
downtown area to the beach.
Benjamin Wahl, Pier Pointe, Inc., pointed out that the projected yearly income to
the City would be $80,000.00 the first year and would increase 3% per year. An
amount of$25,000.00 has been budgeted for advertising and promoting the
project.
In response to Commissioner Mikes, Mr. Wahl stated that his corporation would
build the structure and would be responsible for finding the tenants.
Commissioner Mikes was concerned about the tenant selection. City Manager
Smith explained that safeguards would be built into the lease agreement to
address the issue of tenants.
City Manager Smith explained that Pier Pointe, Inc. would be allocating an
additional amount of approximately$185,000.00 for other improvements to the pier
and beach areas.
Vice-Mayor McElyea was concerned about what would happen should the pier not
survive as long as the proposed 40 year lease.
In response to Mayor Bertino, Attorney Phil Morgan felt that the proposed figures
were appropriate for the square footage and location of the structure.
In response to Mayor Bertino, City Attorney Ansbro explained that there was an
assignment clause in the lease, and would have to be approved by the City
Commission before the lease could be transferred to another party.
City Manager Smith explained that three distinct agreements would need to be
approved and executed by the City; a Design/Build/Construction agreement, a
Workshop Meeting 2
Dania Beach City Commission June 1, 1999
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Lease Agreement for the retail pad and a Maintenance Agreement for the pier.
Mayor Bertino suggested that a sinking fund be created to provide for replacement
or rehabilitation of the pier.
Commissioner Mikes requested that default language be included in the lease
agreement that would not tie the City up for years in litigation.
In response to Commissioner Etling, City Attorney Ansbro stated that discussion
had not be held on a minimum annual guaranteed revenue, but should be
considered and discussed at this time.
Commissioner Etling felt that the proposed allowance for security was incredibly
low.
Mr. Wahl stated that the proposed allowance was for a security camera not for
personnel, because the beach is patrolled and monitored by the Broward Sheriffs
Office.
City Manager Smith stated that the access to the beach would be changed to a
more controlled access and security would be increase, particularly during the
night hours.
Commissioner Mikes complimented Pier Pointe, Inc. on the architectural rendering,
but suggested that if the project wasn't approved by the City Commission, that the
City should build the structure itself.
Commissioner Cali stated that he would not vote to approve a lease that has just a
percentage of revenue as the only revenue stream back to the City. He felt that a
lump sum fixed price per year should be guaranteed to the City along with a
smaller percentage of total revenue.
Rick Swope stated that he felt that the way Pier Pointe calculated the revenue and
the way they would be offering it in the market was a decent proposal. He also
stated that one of his concerns was the percentage of net because it creates an
issue of what is a reasonable expense. It brings to head the issue of, is there
enough in the budget for maintenance expenses? If that calculation is way off then
it could create a financial difficulty. The areas that he has reviewed for
reasonableness is the amount projected as being market rent. He agreed that a
base rent should be considered over just a percentage rent. He felt that that was a
negotiation issue which would take place in the next phase. The reason for the
meeting tonight was to present the concept of the restaurant and for the City
Commission to determine whether or not to pursue it to the next steps which would
be the negotiation of the lease, the structuring of funds, the design/build issue and
the management of the pier. He agreed that the proposed design would be an
attractive addition to the pier.
Mayor Bertino stated that the City needs to determine what the investment is, what
the investment is worth, what will the City get as a return, what percentage is that
return on the asset, and is it good for the citizens of Dania Beach.
Commissioner Mikes felt that another meeting should be scheduled in two weeks
in order to give the proposer time to respond to the issues raised at this meeting.
The City Commission generally agreed to meet again in two weeks.
Workshop Meeting 3 June 1, 1999
Dania Beach City Commission
I
Mayor Bertino requested that the Chamber of Commerce be included first on the
next workshop meeting agenda.
The meeting adjourned.
ATTEST:
I/A �. , � «;,J7i �Cr-i 'MAYORCOMMIS$IONER
ACTING Y CLERK
Respectfully submitted by Nand Denny
Workshop Meeting 4 June 1, 1999
Dania Beach City Commission
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AGENDA
DANIA BEACH CITY COMMISSION
WORKSHOP MEETING
JUNE 1, 1999
(IMMEDIATELY FOLLOWING 7:00 P.M. SPECIAL MEETING)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR
HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF
DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO
LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.
01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE
ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT
SHERYL CHAPMAN,ACTING CITY CLERK, 100 W.DANIA BEACH BLVD, DANIA BEACH, FL
33004,(954)921-8700,EXT.203,AT LEAST 72 HOURS PRIOR TO MEETING.
CALL TO ORDER
ROLL CALL:
1. Presentation by Pier Pointe on restaurant proposal at Dania Beach Pier.
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