The URL can be used to link to this page

Home My WebLink About1990-07-24 Regular City Commission Meeting MinutesBY WANDA MUI,LIKIN AL.I-,,EGI ANCE MINUTES DANIA CITY COUUISSTON REGULAR MEETING iruLY 24, 1990 INVOCATI ON PLEDGE OF ROLL CALL: Present: Mayor: vice Mayor: Commissioners: City At torney: City Manager : City Clerk: CTTY ATTORNEY ADLER HENTIONED THAT ITEI'IS 1 DTSCUSSED AT THE END OF THE CONSENT AGENDA PUBI,IC IIEARING ON EACH MATTER. 1. CONSENT AGENDA charles McElyea Bob Mikes Jean Cook Bobbie Grace Frank Adler Robert Flatley wanda Mul l ikin Absent: Comnissioner:John Bertino A motion was nade by Connissioner Cook. seconded by conmissioner Grace to excuse Comnissioner Bertino fron this neeting- The notion passed unanimouslY. PRESENTAT IONS *Captain Carney stepped forward to present an award to Brian Philbrick for BSO Deputy of the month and described his accomplishments over the past 2 years. *Captain Carney informed the Commission that on August 7. 1990 from 7:00 to 10:00 p.m. the BSO, in conjunction with the Griffin Park Homeowners Association, wl]1 hold a National Crime Watch "Night Out Against Crime" - Cookout at Griffin Park. Captain Carney welcomed the City Commission and area residents to attend- Mayor McElyea read a letter from Congressman Clay shaw requesting citizen involvement in "NationaI Neighborhood Crime Watch Day" by turning on their porch lights on August 7th in observation of the fight against crime. City Manager Flatley encouraged citizen involvement in the crime watch event as a means to get to knoH the newly annexed area residents. Mr. Flatley informed the audience that there wi1] be a series of events planned in Dania and in the annexation area prior to the November referendum. AT THIS TIME, AGENDA ITEMS 1.3 AND 1.7 WERE PULI.,ED FROM THE CONSENT 4 AND 1.6 WILL BE IN ORDER TO HOLD A Minutes 1 . 1 .Iuly Bil1s 7.2 Biffs 10. regular neeting paid for the month of May, 1990 1REGUI-,AR MEETTNG JULY 24, 1990 ord inances 1.5 City Attorney Adler read the title of the ordinance for first reading approving the plat of "MVL Plat", same beinq: Lot 3, Block 4, of Section 29, Township 50 South. Range 42 East, of Marshafl Everqlades I-,and Co. Plat of Sections 28,29,31 and 32, Township 50 South, Ranqe 42 East, according to the plat thereof, as recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Elorida, and less the south 25 feet and the East 35 feet; said fands lying in the City of Danla, Broward County Floridai and accepting the dedication for pubfic use of aII streets, highways and a11eys as shown on said plat of 'MVL, P1at"; and providing for an effective date. (Property located at Banyan Bay Marina @ Ravenswood Road and Dania Cut-off Canal ) A notion was made by Conurissioner Grace, Commissioner Cook to approve the consent seconded by agenda - The motion passed on the following ro11 cafl vote: PULLED FROM CONSENT AGENDA Resolut ions 1.3 City Attorney Adler read the title of the resolution approving the exchange of property with the State of Florida Department of Transportation for the realignment of NE ?th Avenue; authorizing the appropriate City Officials to execute all documents necessary in connection therewith and providinq for an effective date. City Attorney Adler explained that this resolution covers an exchange of right-of-way property from the r.rest side to the east side in the Mount Dania area with the Department of Transportation in order for them to construct a straighter road and install drainage. A motion was made by Vice Mayor Mikes, seconded by Connissioner Grace to adopt the resolution as read by City Attorney Ad1er. vice Mayor Mikes yes Mayor McElyea-yes vice Mayor Mikes-yes Mayor McElyea-yes Commissloner Cook-yes Commissioner Grace-yes Commissicner Cook-yes Commissioner Gr ace- ]"es The motion passed on the following ro11 call vote: 1.1 City Attorney Ad1er read the resolution approving the agreenrent between Florida. Coca-Co1a Bottling Conpany and the City of Dania; and providlng for aneffective date. Commissioner Cook explained that the Coca-Cola Bottling Company is goinq to donate a baseball scoreboard to be used at Model I o Park- city Manager Flatley mentioned that this scoreboard valued at around 52,000 and that it will take about to 6 weeks to receive after it is ordered. 2REGULAR MEETING JULY 24, 1990 as 4 vice-Mayor Mikes-yes Mayor McElyea-yes Commissioner Commissioner A notion was made by Commissioner Cook, seconded by Commissioner Grace to adopt the resolution with the Coca-Co1a Bottling ComPanY. The motion passed on the following ro11 call vote: PUBI,,IC IIEARINGS FOR FTRST READINGS OF C ook-ye s Gra ce- ye s ITEUS 1.4 & 1.6 1.4 City Attorney Adler read the title of the ordinance for first reading amending Section 5.36, Artlcte 5, Chapter 28 of the Code of ordinances of the City of Dania. Fforida relating to wa1ls, fences and hedges. Will Allen. Growth Management Director, explained that the first reading of this ordinance requires a public hearing as it is an amendment to the zoning code which could affect 5t or more of the limits of the municipafity. Mr:. Al1en mentioned that the ordinance addresses the type of fence that can be used in residential or in commercial areas of city. Mr. Allen explained that an additional 2' heiqht has been added for residentlal areas that abut cornmercial areas for screening purposes, the street side yard (area from the front to the rear of the house) fence hej-ght was increased from 4' to 6' for additional space, activity area, screening and security purposes, and the use of barbed wire fences was prohibited in residential areas. Mr. Aflen mentioned that in the non residentiaf areas r a fence heiqrht of 8' was incfuded, setbacks are the same as residential with the exception of when a fence abuts a street in the commercial area. they must have a setback for fandscaping to provide better traffic safety. Commissioner Cook reminded the Conrlssion that there was a need to make these changes to the zoning code in relation to fences, hedges and wafls in an effort to make the areas more consistent. Wifl Allen inforned the Conmission that the Planning & Zonlng Board recommended approval with the suggestion that in the street side yard area t<: move the fence back approximately 1,2" for screening purposes. Commissioner Grace commended Commissioner Cook for her efforts in preparinq this ordinance and feft that this will bring Dania in line with other cities regulations- Mayor McElyea opened the public hearingi. Kurt EIy requested the Comnission possibly change the non- residential tern used in the ordinance as he felt it was too broad but in general spoke in favor. Tim Mccloud spoke in favor and requested commercial areas be required to add anti-noise nateriafs to their chain link fences, Faye Bartelmes expressed the need to have fences constructed close to sidewalks for easier maintenance of the areas. Discussion continued orr whether or not to leave ttre fence requests under the variance procedure for better control by the Commission or to amend the ordinance to include residential property on1y. REGULAR MEETTNG JULY 24, 1990 Mayor McElyea closed the public hearing' A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt the ordinance on first reading with the amendment of deleting the Commercial portioi of the ordinance and the reconrnendation of the^planning & Zoning Board concerning street sideyards in residential areas to have a one foot setback on fences froln the property line and landscaping be placed in this twelve lnch area and in regards to chain link fence, it would be placed on the property line with a hedge on the inside of the fence- The motion passed on the following rofl caff vote: vice-Mayor Mikes-Yes Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McElyea-yes )PROCLAi{ATTONS 2.1- Mayor McElyea proclaimed August 4, L99O as Coast Guard Commissioner Cook-Yes Commissioner Grace-Yes 1.6 City Attorney Adler read the title of the ordinance for first reading amending Section 6.12, Articfe 6, chapter 28 of the code of ordinances of the City of Dania regarding swinming pool enr:losures' Will A1]en, Growth Management Director, explained that this ordinance involves a zoning text change to section 6.12 of the Code regarding swinming pools and screen enclosures to extend within five feet of the rear inside property lines. Mayor ltcElyea opened the public hearing- Hearing no one speak in favor or opposition, the llayor cfosed the public hearing. A motion was made by Commissioner Cook. seconded by Commissioner Grace to adopt on first reading the ordinance amending Section 6.12, Article 6, Chapter 28 of the Code of ordinance regarding sxinrning poo1s. The motion passed on the following ro11 calf vote: 3 4 BIDS - None PUBLIC HEARINGS AND OTHER RELATED MATTERS Adninistrative ordinances (second and final reading) 4.1 City Attorney Adler read the title of the ordinance amending Chapter 8 of the code of ordinances of the City of Dania, Florida, by adding Article vIIf thereto entitled "Private Alarm systens"; providing definitions; providing prohibition and removaf of unlawful systems; providing of deactivation of audible alarms; providing for permiLs; providing for penalties; providing for codification; providing for separability- Commissioner Cook-Yes Commissioner Grace-Yes the Heek of Jufy 28 thru Appreciation week. I.layor ttcElyea opened the public hearing. Tin !'tccloud expressed his favoritism to the adoption of this ordinance and A1 Spies recomnended to include a provision that the identity of the party owninq the 4REGULAR MEETING JUr.,Y 24, 1990 vice-Mayor Mikes -Yes Mayor McElYea-Yes Vice-Mayor Mikes-Yes Mayor McElyea yes SPECIAL REQUESTS None APPOINTMENTS None DI SCUSSION Commissioner Commissioner alarm system be part of the ordinance' Kurt EIy "*p."""3d opposition to parts of !h9 ordinance re-qarding the requirement of divulging unnecessary iniormation and permit fees' Ilearing no other comments, the Mayor closed the pubfic hearing' A motion was nade by Comnissioner Cook, seconded by Commissioner Grace to continue the second reading of ihis ordinance and conduct a workshop meeting prior to August 14 regular meeting. The motion passed on the following ro11 call vote: Cook - ye s Grace-yes 5 6 SITE PLANS - None EXPENDITURE REQUESTS 6.1 City Manager EIatley requested the Commission ;p;.";; i., "rrgit...ing pioposal from Berrv & calvin at a^ tost not-tolexceea 56.000 for plans and permits to implement a $50,000 grant to improve Houston Park boat ramps and to dredge the finqer canal ' A motion was made by Vice Mayor Mikes, seconded by Commissi-oner Cook to continue this expenditure request to the next regular meeting and to conduct a workshop in between to have Berry & Calvin present their costs on cleaning up the area behind the Community Center for dockage purposes to lncrease revenue for the City' The motion passed on the following roll' call vote: Commissioner Cook-Yes Commissioner Grace-Yes 7 8 9 9.1 Mayor McEIyea continued his agency budget requests until after the budget hearings in September as foflows: Dania Chamber of Conmerce - $15,000 Area Agency on Aging 56,278 10, CITIZENS' COMMENTS 10.1 Request by Merle wenneker to address the Commission regarding the fireworks issue. City Attorney Adler informed the Commission that the lawsuit is sti11 pendinq relating to the ordinance allowing fireworks under the special exception request as not being advertised correctly. Merle wenneker stepped forward to explain that on June 15, 1990, Circuit Judge John Luzzo ruled that the City of Dania improperly enacted ordinance 45-88 allowing the sale and storage of flreworks as a special 9.1.1 9 -1.2 5REGULAR MEETTNG JUL,Y 24, 1990 exception in a C-2 zoning district and that all and ipprovals granted under such ordinance were Commissioner Bertino Commissioner Cook permits void. Mr. I^lenneker expressed his feelings that it is the duty of the City AttorneY. Code Enforcenent Department and iommission- to stop immediately the Neptune Fireworks a;;;;t;-iea oanii Beach Boulevard. from doinsr business periaininq to the sale and storage of fireworks ' vice Mayor Mikes requested City Attorney Adler to prepare a written synopsis on what will happen if Mr' itr.X Oi.t"tein, the property owner directed affected fy ;udge Llzzo' s rullng, wins this case or what will hippen-if Mr. Dickstein loses this case at the August 23 hearing. City Manager Flatley responded to vice Mayor Mike's qu..tion on whether the City inspects the Neptune fireworks Company by stating that he was not sure hot"'] often Code Enforcement inspects this business but would check into it and report back to the Commission' 11 . ADI'TINI STRATTVE REPORTS 11.1 City Manager no comments 11.2 City AttorneY City Attorney Adler stated that he has prepared an ordinance as requested by Vice Mayor Mikes and that he has been able to meet with Kurt E1y regarding another ordinance on abandoned vehicles. City Attorney Adler mentioned that these ordinances will be di-scussed at a workshop meet ing. 12. COMMISSION COMMENTS L2.r absent Commissioner Cook requested City AttorneY Adler to continue to review other city ordinances on safety around lakes and to bring a draft back before the Conmission for discussion. Commissioner Cook mentioned that she will be bringlng two renderings of the city flag for Commission selection at the next regular meeting of August 14. 12.3 Commissioner Grace Commissioner Grace expressed the positive response received from Lhe Posse Clean-up Project and commended those citizens in the City who take pride in their properties. Commissioner Grace mentioned that there are several sltes that she has reported to code Enforcement for action. Commissioner crace encouraged citizen the National Neighborhoocl Crime Watch porch lights on August 7. part icipation Day by turning Commissloner Grace encouraged citizen attendance at Modello Park on August 5 at 3:00 p.m. for" Kit Curry Day" and explained that the basebafl diamond w111 be named "The Kit Curry Diamond". 6REGIJI,AR MEETING JULY 24. 1990 1n on 12.4 Vice Mayor Mikes City Manager FlatleY reported Planning Council meeting was application for the extens ion unsatisfactory. Mr. Fl'at 1eY Council also cancelled their Hearing. vice Mayor Mikes reported that the hazardous waste incinerator that was proposed to be constructed very close to Dania has been voted down by the Port iverqlades Authorit.y. Vice Mayor Mikes read a letter from the Broward County Hotel and Motel Association .*pi."si.tg appreciation to the Port Commi ssion for teiminatins the lease Hith waste & I.Iater Treatment Corp. Commissioner Grace reported that the committees that have been formed for Modello Park and Frost Park are working out very ue1l. Commissioner Graced informed the au6ience tnit three walk-thrus have been conducted at the parks in an effort to shape up the parks ' Commissioner Grace stated that MUPA (Men United for Positive Action) held a softball tournament at Modelfo Park in conjunction with city employees, and commended Charlie Will Thomas for his involvement' Commissioner crace stated that these types of events will continue in the near f uture . Commissioner Grace mentioned that on Saturday, July there Lritl be a banquet at Modello Park at 5:00 p'm honor the basketball team for their accomplishment winning the Natj-onal Divisions this year' 28,.toin Vice Mayor Mikes mentioned that the tour of the annexat-ion area went very well and mentioned the need for Code Enforcement to look into the bad appearance ihe deteriorated old Ribbonwriter Factory along US 1' Vice Mayor Mikes suggested the Clty Manager the City Attorney to lien the property owner factory for Possible denolition. of City Manager FlatleY stated that property owner. Seaboard, in an the structure boarded uP. he would effort to work with of this work with the try to have Mr. Flatfey stated that the application was unsatisfactory due to mitigation measures being excluded from the 6570 LDN Nolse contour line that !'as discovered at the last minute. City Manager Flatley mentioned that the Planning Council r"ii11 probably be holding their public hearing again in OctoLrer and itut"d-thut oania wilf want to hold a hearing towards the end of october regarding this development order' Vice Mayor Mikes expressed the need to bring an attorney back to represent Dania to handle the specifiis of going thru the DRI approvals, obtaining compensation ior Dania's property loss and mitigation faciors for the affected communities. Vice Mayor Mikes recommended that the City Attorney and City Manager work together in making a recommendation in this matter to be discussed at a workshop meeting' that the Regional cancelled due to the of the south runwaY being stated that the Planning September 5th Publ i c 'tREGI]LAR MEETING ,luLY 24, 1990 12.5 Mayor McElyea and Mr. DeMaio. Mayor McElyea mentioned area Here installed bY City. Mr. Palll DeMaio stepped forward budget funds for the Chamh,er of Agency on Aging. City Attorney Adler and the Mayor Mikes for his efforts denial of the construction incinerator. gave his time over to Mr. Mccloud t.hat the railroad ties in that the raifroad and not bY the to request the CitY to Commerce and Area vlce into near Mayor llikes requested City Manager Flatley to look the graffiti and sprinkler maintenance problems the ior.ter of NI'J loth Street in Melaleuca Gardens' Mr. Mccloud brought up the illega1 dumping problem along 4th Court and requested CitY Code Enforcement be broulht inLo this problem as BSo has not been able to he1p. Mr. Mccloud suggested railroad ties be placed along the asphalt the same distance as those at the firsl part of 4th Court and continue down to the Fabco warehouse to deter vehicles from pulling off and dumping. Commission commended Vice in bringing about the of the hazardous waste This regufar commission meeting was then adjourned' OR'C SIO rTY CLERK-AUDTTOR 3REGUI,,AR MEETING JULY 24, 1990 ,..)4-2../