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HomeMy WebLinkAbout1990-02-13 Regular City Commission Meeting Minutes! MI NUTE S DANTA CTTY COMMISSION REGULAR I'TEETING FEBRUARY 13, 1990 ROLL CALL: Present: INVOCATION PLEDGE OF BY WAND.\ MULLIKIN ALLEGIANCE Mayor: Vice-Mayor: Commissioners: City Attorney:City Manager : City Clerk: Charles McElyea Bob Mikes Jean Cook Bobbie Grace John Bertino Frank Adler Robert El at ley Wanda Mul l ikin PRESENTATIONS Winifred Graham, Principal from the Martin Luther King school , introduced students who performed individual presentations in honor of Martin Luther Kj-ng, Jr. and History Uonth . Elementary Black Commissioner Grace encouraged the audience and Cotnmission to attend a Black History Program at Bethel Missionary Baptist Church on Saturday, Eebruary 17, 1990 at 11:00 a.m. Mr. Kurt volker stepped forward to request members of the audience and Commission to attend a 12 mile March of Dimes walkathon at Holiday Park on April 7. 1. CONSENT AGENDA Mi nutes workshop Yeeting of January 16, 1990 Regular Meetinq of Januar)' 23, 1990 AT THIS TIME. ITEH 1.3 WAS PULLET' FROIT THE CONSENT AGENDA Resolutions 1.4 City Attorney Adler read the title of the resolution amending the Water Fund Budget for the fiscal year 1989-90 by making line item changes betHeen departments. 1.1 1.2 1.5 City Attorney Adler read the title of the amending its Sewer Eund Budget for the fiscal making line item changes between departments. resol u t ionyear 1989-90 by 1.6 City Attorney Adler read the title of the resofution amending its General Fund Budget for the fiscal year 1989-90 by making line item changes between departments. L.7 City Attorney Adler read the title of the ordinance approving the plat of "ofsen Mi.ddle school Site", same being: the NE I/4 of the SW l/4 of the SE l/4 of the Nw L/4 of the SE l/4 ot the sE l/4 of Section 3. Township 51 south, Range 42 East. Broward county, Florida, less Right-of-way for sE 2nd. Avenue; said lands situate, lying and being in the city of Dania, Broward County, Florida, and eontaining 20.411 Acres more or less- 1REGLTLAR YEETING FEBRUARY 13, 1990 A motion Grace to 1.3. was made b approve th omnlss]-0ner Cook,yc EC onsent Agenda with seconded by Commi s sioner the exceptlon of item The motion passed on the following ro11 call vote: 3 4 2. PROCLA}'ATIONS 2.1 Mayor McElyea proclaimed February as Black History Month AT THIS TTI{E, ITET,tS 7.3 AND 7.5 WERE PULI,ED FROI'I THE AGENDA TN ORDER TO DISCUSS FURTHER AT A WORKSHOP IIEETTNG FBBRUARY 20. 1990. BIDS none PUBLTC HEARINGS AND OTHER REI.,ATED }'ATTERS Building & zoning 4.1(A) City Attorney Ad1er informed the commission of a variance request by Brent Godlowski for property focated at 41 NE 1st Avenue. Mr. Adler informed the Commission that vA-74-89 is requested to allow the construction of a new retail building in conjunctlon with an existing apartment building in a C-2 zoning district with 12 parking spaces (14 spaces required) . Archie Ryan, Esq., representing Mr. Godlowski, stepped forward to request approval of this variance request. Mr. Godlowski was present to answer questions presented from the conmission regardinq parking in the area. Mayor McElyea opened the public hearinq. Hearing no one favor or opposition, the Mayor closed the putrlic hearing opened to the Commission for possible action. speak in and A motion was made by Commissioner Bertino, seconded by vice Mayor Mikes to grant the variance VA-74-89 as requested by Brent Godlowski with the stipulations that the corner of the building be beveled 10' south of NE 1st street and 10' west of NE 1st Avenue and that addi.tional trees be added. The motion passed on the following ro11 call vote: commi ss ioner Commissioner commi ss ioner Bert ino-yes Cook -yes Grace -ye s Viee-Mayor Mikes-yes Mayor McElyea-yes vice Mayor Mikes-yes Mayor McElyea-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes 4.1(B) city Attorney Ad]er informed plan sP-82-89 approval requested for a conjunction with 4.1(A) , the Commission of the site retail building in Mayor l'lcElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Comnissioner Cook, seconded by Vice Mayor Mikes to approve sP-82-89 subject to a determination of concurrency and that the corner of the building be beveled 10' south of NE 1st Street and 10' west of NE 1st Avenue and that additional trees be added. 2REGI-TLAR MEETING FEBRUARY 13, 1990 The motion passed on the following ro11 call vote: Commissloner Bertino-yes Comnissioner Cook-yes Commissioner Grace-yes vice Mayor Mikes-yes Mayor McElyea-yes Administrative ordinances 4.2 City Attorney Adler read the title of the ordi.nance amending subparagraph (g) of section 1,3-69, Article fV of Chapter 13, ofthe Code of Ordinances of the City of Dania, Florida regardingtrash collection. Mayor McEIyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded Grace to adopt this ordinance on second reading. by Commi s s ioner The motion passed on the following ro11 cal.l \.ote: 4,3 city Attorney Adler read the title of the ordinanee ereating a new subseetion 17-11.4 prohibiting total nudity in establishments where alcoholic beverages, beer or wine are soldor offered for sale for consumption on the premises; andprohibiting any person maintalning, owning or operating an establishment where alcoholie beverages, beer or wine are sold oroffered for sale for consumption on the premises from permitting or suffering total nudity in such estab] j shment. Emerson Alsworth, Esq., representing the Sportsman Lounge. stepped forward to request that his client's business be exempt from the requirements of this ordinance as they have been in business for over 16 years wi.thout any police incidents and that this ordinance would put this establishment out of business. Discussion continued regarding this ordj-nance being prepared from the ordinance used by Fort Lauderdale and t.hat lawsuits filed against the restrictions in this ordinance have been upheld in court. Mayor McElyea suggested making an amendment to this ordinance to a1low Sportsman's Lounge to continue business. city Attorney Adler read an amendment suppfied by Mr. Alsworth that reads "Section 5 - That this ordinanee shalI not apply to any existing establishment Iawfully engaged in the activities covered by this ordinance in the City of Dania as of January 1, 1990". Commissioner Bertino-yes Commissioner Cook-yes Commissioner Graee-yes A motion was made Cook to amend theAttorney Adfer. Commissioner Bertino expressed his amendment and expressed a need for Commissioner Bertino-no Commissioner Cook-yes Commissioner Grace-yes Vice Mayor Mi kes-yes Mayor McElyea -yes by Commissioner Grace, seconded by Commissioner ordinance by adding the amendment read by City The motion passed on the following ro11 call vote: disagreement with adding thi s conformi ty . Vice Mayor Mikes -no Mayor !'tcElyea-yes 3REGLILAR !,IEETI]JG FEBRUARY 13, 19 90 ltayor McElyea opened the public hearing. After hearing several Dania residents speak against this ordinance and no citizens speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Viee Mayor Mikes to amend this ordinance by adding an amendment restricting Sportsman's Lounge from expanding their establishment in physical size as now exists ' The motion passed on the following ro11 cal] vote: A motion was made by Vice Mayor lIikes, seconded by Commissioner Grace to amend the original ordinance by including "Section 5 - That this ordinanee shall not apply to any existing establishment 1awful1y engaged in the activities covered by this ordinance in the City of Dani-a as of January 1, 1990" and that the sportsman Lounge lnatt fe restricted from erpanding their establishment in physical size as now exists. The motion passed on the following ro11 call vote: Commissioner Bertino-Yes Commissioner cook-no Commissioner Grace-yes Comnissioner Bertino-Yes Commlssioner cook-yes Commissioner Grace-Yes -\ mot ion was Cook to adopt amended . Commissioner Bertino-no Commissioner Cook-yes Commissioner Grace-Yes vice-Mayor Mikes*yes Mayor McElyea -no Vlce-Mayor Mikes -Yes Mayor McElyea-yes vice-Mayor Mikes-no Mayor McElyea-yes made by Commissioner Grace, seconded by Commissioner the ordinanee on second and final reading as The motion passed on the following ro11 call vote: 4.4 City -\ttorney Adler read the title of the ordinance creating Chapter 29, Code of ordinances entitled "Land Development" and c.eating Article 1 entitfed "Generalfy"; bY creating Article 2 entitled "consistency and ConcurrencY Determination Standards" and Article 3 entitled "Levels of Service" which provides regulations for the determination of concurrency and consistency of any developmenE with the City of Dania and Broward County Comprehensive P1ans. Mr. Adler explained that this ordinance must havL two public hearings and tonight will eover the first public hearing even though the ordinance was advertised for seeond reading tonight. Larry Leeds informed the Commission that this ordinance nust have two public hearings prior to adoption. Mr. Leeds explained that the iirst public hearing wil] be toniqht and that the seeond must be conducted February 2? in order to send this ordinance to the State by the first week in March. Mr. Leeds explained that this ordinance will demonstrate to the state that Dania has met afI requirements of the Comprehensive Planning Act and that we are implementing our Comprehensive Plan. Mr. Leeds explained that concurrency is a procedure mandated under state 1aw insurinql that infrastructure in the City is completed and concurrent reith the additional impact of devllopment. Mr. Leeds informed the Commission that there is another ordinance that goes along with this ordinance that has been added as an addendum item 4.4.1, that must also be adopted by the second meeting in February to be transmitted to the state prior to the first week in March. REGULAR MEETTNG I FEBRUARY 13, 19 90 Mayor McElyea opened speak in favor and no the public hearing. hearing. Hearing res idents in oppositlon, the Mayor closedthe publ ic one speak A motion was made by Commissioner Bertino, seconded by -.Commissioner crace to adopt this ordinance on first reading again as the second readi.ng and second public hearing will be conducted by the February 27, igg} regular meeting and to continue this or' The motion passed on the following ro11 call vote: 4,4.1 city Attorney Adler read the title of the ordinance' ihut go"= aloiq with the concurrency ordinance, adopting an amendient to Chapter 28, zonjng code, Section 4'20, schedule of use regulations and schedule oi 1ot, yard and bulk regulations for fiist reading. Mr. Adler confirmed that this ordinance also requires two publie hearings - Mr. Leeds explained that this ordinance is zoninq code and that j-tems have been added consistent with the Comprehensive Plan' McElyea opened the public hearing' Hearing no one speak or oiposition, the Mayor closed the public hearing' Commissioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-Yes Mayor favor vlce-Mayor Mikes-Yes Mayor McElyea-Yes Vice-Mayor Mikes-Yes Mayor McElYea-Yes a clarification of the to make the code ln toA motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt this ordinance on first reading, continue to a workshop meeting on February 20 for further -discussion and that tire second public hearing be conducted February 27 , l99O . The motion passed on the following ro11 call vote: Commi ssioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-Yes AT TIITS TTI'{E, TTE}TS 9.3 AND 9.4 TIERE HEARD Commissioner Bertino-Yes Commissioner Cook-Yes Commi ssioner Grace-Yes A motion was then made bY Bertino to refund S170.00 a permit for reseal ing . 4.5 City Attorney Ad1er read the title of the ordinance amendinq subparagiaph (5) of Section 8-3(b) of Article I of Chapter 8' of in"'coa6 of o.di.urr"es of the city of Dania, Fforida' to provide "hurrg"" in permit fees for paving, parking and sidewalks ' Mr' ear"i e"pf.ined that this oidinance eliminates charges for permit i."s ,.ten an individual just wants to place a sealant over their existing driveway and brings Dania in conformity with other cities in the County regarding permit fees' Mayor McElyea opened the public hearinq-' Hearing no one speak in ;.;;; ;. oiposiiion, the Mavor closed the public hearins' A motion Has made by Conmissioner cook, seconded by Commissioner ;";ii;; to adopt th-is ordinance on second and final reading' The motion passed on the following ro11 call vote: Vice-Mayor Mikes-Yes Mayor McEfYea-Yes Commissioner Cook, seconded by Commissioner to Meadowbrook Condominium that was paid for 5REGUI,AR MEETING FEBRUARY 13, 199 O The motion passed on the following rofl call vote: Commi ssioner Commi ssioner Commissioner Bertino-yes C ook- ye s Gr ace -ye s Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace -]'e s Vice-Mayor Mikes-yes Mayor McElyea-yes public hearing on this annexation. Hearing opposition, the Mayor closed the public vice-Mayor I'likes-yes Mayor McEfyea -yes Vice-Mayor I'likes-yes l,layor MeElyea-yes E.6 City -\ttorney Adler read the title of the ordinanee annesingcertain properties described as the East 158 feet of the South 140feet of Tract 16. of "Seahoard Farms", according to the plat thereof, recorded in Plat Book 18, Page 22 of the public records of Broward County, Florida for property located at 2983 Ravenswood Road. Mayor McElyea opened no one speak in favor hearing. the or A motion was made by Commissioner Bertino, seconded by Commj.ssioner crace to adopt this ordinance on second and final reading annexing theproperty located at 2983 Ravenswood Road. The motion passed on the following ro11 call vote: 1.7 City Attorney Adler read the title of the ordinance granting to each city Commissioner an option to participate in the City's Heafth fnsurance Program or in lieu thereof, to be compensated in an amount equal to the prevailing cost for insurance benefit coverage. Mayor McElyea opened the pub1lc hearing. Hearing no one speak infavor or opposition, the Mayor closed the public hearinq. A motion was made by Vice Mayor Mikes, seconded by Commissioner Cookto adopt this ordinance on second and final reading. The motion passed on the following ro11 call vote: Commi ssioner Commissioner Commi s s i. oner Bertino-yes Cook-ye s Grace-yes 5 6 7 STTE PT,ANS none EXPENDITURE REQUESTS none SPECIAI, REOT'ESTS 7.1 City Attorney Ad1er advised the Commission of a request bythe Humane Society of Broward County to waive a variance fee. Mr. I. Richard Co1lord, IIT, Executive Director of the Humanesociety of Broward County stepped forward to explain that inpurchasing mechanical equipment for the Humane Society, he has been advised that a variance is required to construct an aluminumcovering to protect this equipment. Mr. Collord requested awaiver of the variance fee as the Humane Society is a not-for-profit organization. A motion was made by Commissioner Bertino, seconded by Commissloner Cook to waive the variance fee for the constructionof the aluminum covering for the Humane Society of Broward eounty. 6REGLTLAR YEETTNG FEBRUARY 13, 1990 The motion passed on the following roll call vote: Commissloner Bertino-yes Commissioner Cook-yes Commissioner Graee-yes Commissioner Bert ino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor MeElyea-yes vice-Mayor Mikes-yes Mayor MeEl yea-yes 7.2 City Attorney Adler informed the Commission of a special request by Ellen Walstetter to operate a pawn shop at 120 South Federal Highway. lttr. Adler informed the Commission that since the fee for a pawnbroker's license is S781.35, the Commission must approve occupational Iicenses exceeding S500.00. A motion was made by Commissioner Bertino, seconded by Conmissioner crace to deny the request by Ellen walstetter to operate a pawn shop. The motion passed on the following ro11 call vote: TITEM 7.3 AND 7.5 WERE PUT,LED AND CONTINUED TO WORXSHOP A motion was made by Commissioner Cook, to grant this request. seconded by Commi.ssloner crace informed the Comnission that this Festival is on behalf of the Camp Blanding Child Care Center. 7.4 City Attorney Adler informed the Commission of to elose N}l 2 street for the Goombay Festival . The motion was amended to include that the City Manager be check with the City's insurance carrier to ensure that all covered and to approve t-his for one day, April 21, 1990. The motion passed on the following ro11 call vote: ITEETTNG 2/20/90 - a special request Commissioner Graee directed toparties are Commissloner Bert ino-yes Commissioner cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McEIyea-yes 7.6 City Attorney Adler informed the Commission of a request by the Dania Housing Authority to appear before the City Commission. William winkelholz, Chalrman of the Dania Housinq Authority, stepped forward to explain that the Housing Authority entered into an agreement with the City of Dania for a low income housing project in 1986 regarding the Mize1l property. Mr. Winkelholz explained that, at that time, HIID requested items 5b and 5b be deleted from the original agreement and that now HUD, in Jacksonville, is requesting that theset!,o items be placed back in the agreement. Mr. Winkelholz informed the Commission that 5b relates to Dania'sright-of-way and easements that has been taken care of thru platting. rtem 6b relates to sidewalks being put in by Dania and paid for by the Housing Authority and that this has been taken care of by Copeland Development thru their contract in developing the Mize11 property. City -\ttorney -\dler advised the Commission that approval of this request woufd be of no adverse effect to Dania or the Housing ALlthorit!,. Commissioner Cook made a motion to add 5b agreement relating to the Mize11 property Housing Authori ty. and 5b back in the original between Dania and the Commissloner Cook's motion died for lack of a second. FEBRUARY 13, 1990REGLTLAR MEETTNG '7 vice Mayor }rikes and Comnissioner crace expressed theirdissatisfaction with lack of being supplied the proper back upmaterial in order to vote on this request. After further discussion. Commi.ssioner Grace made a motion to set a Special Meeting on February 20 to discuss this request. cornmissioner Grace rescinded her motion and made another motion, seconded by Commissioner Cook, to continue this request to the next regular meeti.nq of February 27, !99O. The motion passed on the following ro11 call vote: 8. APPOTNTMENTS 8.1 Commissioner Grace appointed Lonnie Peek to the Flag Committee. Conmissioner Bertino appointed Bernice Armstrong to the Flag Committee. A motion was made by Commissioner Cook, seeonded by commissioner Bertino to accept these appointments to the Flag committee. The motion passed on the foI]owing roll call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Conmissioner Bertino-yes Cornmi s s ioner cook-yes commissioner Grace-yes V ice-l*layor !4ikes-ye s Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes 8.2 -\ motion was made by Commissioner Cook, seconded by Commissioner Bertino to appoint Robert Donly to the Poliee Fire Pension Board to fill the position of citizen for the The motion passed on the followinq roll call vote: and Board. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to appoint Thomas McPartland to the Police and Fire Pension Board to fill the position of Police representative for the Board. The motion passed on the following ro11 call vote: commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes \rice-Mayor Mikes-yes Mayor McElyea-yes vice-lrlayor Yikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor McEfyea-yes 8.3 A motion was made by vice Mayor Mikes, seconded by Conmissioner cook to appoint Merl-e wenneker as the regular member and Mr. Hugo Renda as an alternate member to the Civil Service Board. The motion passed on the following ro11 call vote: 8RFGULAR MEETING FEBRUARY 13, 1990 9. DTSCUSSTON 9.1 City Manager Flatley informed the Commission of tr'ro avallabl-e for repair of the City Ha1l atrium f1oor. Mr. explained that we could go with industrial type of carpet industrial type of tile presently in p1ace. Mr. Flatley the Commission that the carpeting would cost from 58,000 S1O,OO0 and that the retiling would cost betlreen S20,000 s24,000. A motion was Commi ss ioner estimates to opt ion s Flatleyor use informed to to Mr. Flatley recommended tile instead of earpet to repair the atrium floor and to use $20,000 from the I.T. Parker Fund to cover this expense. Mr. Plat1ey also recommended to go out for bid to select a good tile faYer. made by Commissioner Bertino, seeonded by Grace to direct City Manaqer Flatley to obtain t i1e the atrium f1oor. The motion by Commissioner for tile and Parker Fund. Commissioner Bertino was amended, seconded by Cook, to direct CitY ltanaqer Flatley to obtain to meet with the members of the Committee for estimates the I.T. The motion passed on the followinq 1911 call vote: Commissioner Bertino-Yes Commissioner Cook-Yes Commi ssioner Grace-Yes Vice-Mayor Mi kes-yes Mayor McElyea-yes g.2 City Manager Flatley informed the Commission of a meeting that will be held at Pembroke Pines on Friday, February 23 regarding a proposed bill to establish a regional wastewater auInority. Mr. Flatley explained that representatives from all the cities affected by this bill will be attending and eneouraged the Commission to attend. Mr. Flatley requested that this item be discussed further after the concurrency iLem on the workshop meeting scheduled Februarv 20, 1990- 9.3 Commissioner Bertino informed the audience and Commission that a safety violation did exist at the County level in regards to the Glen-Lauren Plat and that without knowledge of this safety violation, Dania passed this plat on second reading - Commissioner Bertino explained that the Plat approvaf was also approved by Danj.a after the County Commission passed it which is out of order. Commissioner Bertino continued to say that the County Commission was aware of the safety vioLation in the Glen- Lauren Plat and that their staff waived this safety violation and passed the plat. Commissioner Bertino expressed a need to reconsider this plat approval under these circumstances. Commissioner Bertino made a motion, seconded by Vice Mayor Mikes to hold all building permits or any permits on the Glen-L.,auren Plat until the safety violation can be worked out. Commissioner Cook informed the Commission that she has read the letter, prepared by City Attorney Ad1er, to comnissioner Grossman explaining Dania's wish to revier,r the Glen-Lauren Plat again. Commissioner Cook stated that Commissioner Grossman informed her that she will be discussinq the issue r,,ith the County attorneys. Commissioner Bertino requested CitY Attorney Adler send another Ietter, return receipt requested, to Commissioner Grossman to insure that she reeeives the letter. 9REGULAR MEETTNG EEBRUARY 1,3, 199 O City Attorney Adler read a copy of his February 2letter to Comnissioner Grossman and confirmed that he will send another copy to Commissioner Grossman return receipt requested or hand del ivery. Attorney Harvey Matel. representing the estate of Robert Graf, owner of the property in question, stepped forward to explain his understanding of the law that once a plat has been recorded that the County cannot rescind the plat as is the case with Glen- Lauren. He feels that he and his client have conducted themselves in conformance with the l-aw and feels to reopen this plat approval is unfair, Commissioner Bertino answered Mr, Yatel by explaining that, all information was not given to the Dania Commission prior their approval of the plat and due to safety reasons, this Commission has an obligation to review this plat again. s lnceto City Attorney Adler informed the Commission that since this pfat has been recorded, he does not feel that Dania has a right to hold the issuance of building permits and that since the builder is not ready, at thls point, to request building permits, he suggested waiting to hear from the county Commission on their determination. Commissioner Bertino amended his motion, seconded Mikes to state that the building permits would be next regular meeting of February 27 , 1990. The motion passed on the following rolf call vote: by Vice llayorheld until the Commissioner Bertino-yes Commissioner Cook-no Commissioner Grace-no vice-Yayor Mikes-yes Mayor !1eE1yea-yes 9.4 Commissioner Bertino explained that based on the representations by the Petitioner that Sixth Street could not go thru and that there was a safety rriolation regarding Glen-Lauren P1at, that he feels this Commission has an obligation to uphold safety for citizens in the City and to reconsider the Glen-Lauren Plat at the next regular meeting February 27, L990. Commissioner Bertino directed City Manager Flatley to place the reconsideration of the Glen-Lauren Plat on the agenda for the next regular commission meeting of February 27, 1990 - Gerry vio1a, 415 sE 5th Street, inforned the Commission that he has documents that show the land development code and the violation that existed in the G.len-Lauren Plat along with the actuaf findings of the engineer from the Broward County Traffic Engineering Department in the event the attorney representing the Graf Estate wishes to review these documents. 10. CTTTZEN'S COr.lltENTS 10.1 Mr. John Bruckner stepped forward to address the Commission regarding the limiting of access of the beach after closing hours due to the vandalism and graffiti problems and the cost of continued repairs. Commander Hernandez, BSo, came forward to explain to the public that the graf f i.ti at the beach is gang related activity and that this has become a tremendous problem in Dania. Commander Hernandez informed the Commission that the BSO Aviation Unit and K 9 Lhits are walking the beach in an effort to deter this aetivi ty. REGULAR MEETING 10 FEBRIJARY 13, 1990 11. ADMINTSTRATTVE REPORTS 11.1 City Manager Flatley Mr. Flatley reconfirmed the agenda at the workshop meeting scheduled 7 : 30 p. m. items that will be discussed Tuesday, February 20, 1990 at are sent out continued in in l ega1 1l-.2 City Attorney Adler no comments T2. COI{MISSION COMI''ENTS 12.1 Commissioner Bert-lno Commissioner Bertino questioned whether or not the address and location of the properties on variance requests are also added to the advertisements in the newspaper. Commissioner Bertino also asked if an overhead map with transparencies could be included on the wa1I of the Commission Chambers in order to see the actual location of the Variance requests. Commissioner Bertino questioned whether renotices again to affected residents on variances that are the Planning & Zoning Board Meetings due to errors descr ipt ions . City Attorney Adler suggested applications until the 1ega1 City Attorney's office. not accept ing description has va r ]" ance been approved by the city Manager Flatley reconfirmed that proper notification will be done on continued items. Comnissioner Bertino questioned whether Chateau Deville Condominium without the beinq issued. persons are certificate City Attorney Adler informed the Commj-ssion that the bank finincing these purchases at Chateau Deville was taken over by the federaf qovernment and that partial releases were suppose to be prepared in order to assist purchasers in closing. Mr' Adler said that water was turned on by the developer for construction purposes only and that people just moved in. Mr. Adler said he would research this situation and give a report at the next regular commission neeting because his understanding is that a certificate of occupancy must be issued prior to water or electricity being turned on and that the title company for closings would normally hold certificate of oceupancys in escrow until all fees are paid to the City at the time of closings' Commissioner Bertino brought up the problem that has eome up regarding the Housing AuthoritY refusing to accept Mayor ucelyea's appointments of Gloria Daly and Patricia Davis. City Attorney Adler informed the Commission that there is a lawsuit being filed Friday by writ of mandamus against the Ilousing Authority to show cause why they should not accept these individuals on the Housing AuthoritY Board. Mr. Adler eonfirmed that these appointments were handled 1ega1Iy. A motion was made by Commissioner Bertino to instruct the City Attorney to take whatever necessary 1ega1 acti-on in order to carry out the duly authorized authority of the Mayor and Commission of the city of Dania as far as the Housing Authority i-s concerned. living at theof occupancy REGULAR MEETTNG 11 FEBRUARY 13, 1990 vice Mayor Mikes suggested a letter be sent to the Regional Inspector Generaf and obtain a reply on this matter instead expending city funds to go to court. Mayor McElyea informed the Conmission that he has hired his attorney to represent him in this matter and plans to be responsible for any finaneial expense. Hud of owrr Comnissioner Bertino restated his motion to empower the City Attorney to take whatever legaI action necessary to carry out the direetions of this City Commission according to state statutes. Commissioner Bertino's motion died for lack of a second. A motion was made by Vice Mayor Mikes. seconded by Commissioner Bertino to add the vote of the Mayor's appointnents to the Housing Authority on this agenda. The motion passed on the following ro11 call vote: A motion was made by Vice l4ayor Mikes, seconded by Commissioner Bertino to approve the appointments of Gloria Daly and Patricia Davis to the Housing Authority by I'layor McE11's2. Commissioner Bertino-Yes Commissioner Cook-yes Commissioner Grace-Yes Vice Mayor Mikes restated his motion, Bertino tc, approve the appointment of Authority by Mayor McElYea. vice-Mayor Mi kes-yes Mayor McElyea-yes seconded by cloria Daly Commissi oner to the Housing The motion passed on the following rol} ea11 vote: Commissioner Bertino-Yes Conmi ssioner Cook-)'es Commissioner Grace' yes vice-Mayor Mikes-Yes !,layor I"tcElyea-yes City Attorney Adler confirmed for Uayor I'lcElyea that it is legal for him to vote on his appointment to the Housing Authority' Commissioner Bertino suggested voting on the second appointment, Patricia Davis, at the next regular meeting of February 27 to ensure she has no lawsuit f j-Ied, at this time, against the Housing Authority. 12.2 Comnissioner Cook Commissioner Cook requested the City Attorney and City prepare an ordinance that will notify residents within any area where there is going to be plat approvals. C Cook brought this up due to the problems with the Glen plat. Manager to 300' of ommissioner -Lauren City Attorney Adler confirmed that the would prepare this ordinance .td th.t it would be added to the next regular meeting agenda of February 27 , 1990. Peggy Tomlinson, Conmander of the American Legion Post 304, steppea forHard to invite the Commission and residents of Dania to i flag disposal ceremony being held at the American Legion Post Saturday, FebruarY 17, 1990 at 11:00 a.m. and encouraged participants to bring any torn or tattered flags to be disposed of at that time. REGULAR MEETING 12 FEBRUARY 13, 1990 12.3 Commissioner Grace Commissioner Grace reminded the audience and Commission Black History Program on Saturday, February 17, 1990 at a.m. at Bethel Missionary Baptist Church and apoloqized being able to attend the flag disposal ceremony. Commi ssioner Lake . Vice Mayor Mikes purchased for the Dania vehicle. Grace inquired j-nto the lake cleanup near Crystal of the 11:00for not has been a City of Commissioner Grace requested the City Manager to look into the qraffiti and trash near the Winn Dixie store. Conmissioner Grace informed the Commission of the drug problem and trash problem at the apartments at 126 sW 5th Court and the apartments in need of cleanup near 745 SW 7 Avenue. Commissioner Grace expressed her appreciation to the Commission for allowing her to hlve the children perform from the Dr. Martin Luther Kinq, Jr. Elementary School . 12.4 Vice !"layor Mikes Commissioner Grace requested Lieutenant loud noises from boom boxes going on in in the area of Efy Boulevard as she has several residents in that neighborhood. Feltgen to look into the the early morning hours received complaints f rom he reeeived from the Dixi. e Highuay Mayor Mikes that the Planning right-of-way based on the Vice Mayor Mikes reminded City Manager Flatley of the reports requested regarding code enforcement and fire rescue' vice Mayor Mikes expressed a need to cover bare walls on commercial buj,ldings with trees and landscaping to deter the graffiti problem imposed by gang members. vice Mayor Mikes asked if a response has been ptanning Council on the resolution regarding corridor. city Manager Elatley informed vice Council denied the deletion of the resolutions by Dania and Hollyr'uood. asked when the new Eord Broneo that Fire Department will be labeled as 12.5 uayor McElyea ques t ioned operations that seem to be in the increase of Palm reading Dania. This regular commission meeting was then adjourned' -q CTTY CLERK_.\UDITOR REGULAR MEETING 13 R-C EEBRUARY 13, 199 O .2L