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HomeMy WebLinkAboutNULL (441) �� i nufie5 S�eclal m� • s F J 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OF TRANSPORTATION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."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 _f F r 7 I' 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OF TRANSPORTATION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."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 s- - f r y F i 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) f L - r 7 0 0 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 r, r 7 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 j a F, T I / 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 t- .r f T-- or h r I I 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. r