HomeMy WebLinkAbout1990-10-23 Regular City Commission Meeting MinutesII'INUTES
DANIA CITY COHMISSION
REGUI,AR MEETING
ocToBER 23, 1990
INVOCATION BY WANDA MUI,I,IKIN
PI.,EDGE OE ALLEGIANCE
ROLL CALL:
Present:
l,layor:
Vice Mayor:
Conmissioners:
City Attorney:City Hanager:
City Clerk:
Captain Carney mentioned a Crime
Thursday, October 25 at 6:30 p.m
cardens residents.
Charles McBlyea
Bob ltikes
alean Cook
Bobbie crace
John Bertino
Frank AdIer
Robert Flatley
Wanda Mullikin
PRESENTATIONS
*City Attorney Adler read a letter from Principal Carole Stanierof Dania Elenentary expressing appreciation to the City
Commission for their support in attempting to obtain schoolflashing lights across Federal Highway.
Beu1ah Lair and Roxanne Knight stepped forward to expressappreciation to all of the Commission, governmental individuals,
BSO, parents and students r.,ho have been supportive in theirefforts to obtain school flashing lights for Dania Elementary.
iB.S.O. Deputy of the Month
Captain Carney informed the Commission that Deputy Louis Bautistahas been chosen as Deputy of the Month. Captain Carney described
DepuEy Bautista's outstanding performance in the area of felony
and misdemeanor arrests and mentioned his expertise in obtaininginformation relating to stolen merchandise due to his knowledgeof the Dania community. Captain Carney then presented DeputyBautista with the Deputy of the Month AHard.
Captain Carney reminded the Commission and audience of the
barbecue planned for Saturday, October 27 at 6:30 p.n. at CityHalI acknowledging "Red Ribbon Week". captain carney expressedappreciation Eo the Dania Chamber of Commerce and Optimist Clubfor their contributions for this event and presented Certificatesof Appreciation to both organizations.
Kurt Ely, on behalf of the Chamber of Commerce. accepted theCertificate of Appreciation acknoHledging their efforts in the
"Red Ribbon Week" campaign that started in Dania one year ago andis now stateHide.
Vincent CarroII, on behalf of the Dania Optinist CIub. acceptedthe certificate of Appreciation for his orqanization.
Captain Carney acknowledged Custom Screening for designing thebuttons used for the "Red Ribbon" campaign and for supplying themto Bso at cost.
Watch meetingat Cj.ty HaII
scheduled forwith the Melal-euca
1REGUIJAR MEETING ocToBER 23. 1990
City Manager F1atley stated that the open House that is scheduled
on Saturday, October 27th at 6:30 p.m. is in cooperation with the
BsO events and welcomed all Dania residents to attend in an
effort to meet the residents from the proposed annexation area.
Mr. Flatley stated that City Offices wiII be open to respond to
any questions that residents may have in relatlon to the proposed
annexation. Mr. Flatley mentioned that BSO will entertain theparticipants with a helicopter landing, K-9 Unit display and
robot Deputy wendy will be available for the children.
Kurt EIy stepped forward to request Commission assistance to keepthe four-way and three-way stop signs i,n the city as the Broward
County Environmental Control Board is proposing to do away Hith
them to deter air pollution.
Vice Mayor Mikes mentioned that the EQCB is proposing the removal
of these stop signs not for air pollution reasons but to increase
road capacity by forcing more traffic through interior road
systems that wiII allow more construction and development.
PULIJED FROM THE CONSENT AGENDA
Connissioner crace requested itens 1.3,1.5. andBertino requested item 1.5 and Vice Mayor l.tikesL.4 be removed fron the Consent Agenda.
1.7, Connissioner
requested item
1. CONSENT AGENDA
Minutes1.1 October 9. regular meetingL.2 October 9, workshop meeEing
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to approve the Consent Agenda as readby C j.ty Attorney Adler.
The motion passed on the folJ.owing ro11 call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
ITEMS PUI,LED FROM CONSENT AGENDA
1.3 City Attorney Adler read the title of theresolution authorizing the City of Dania to begin the
necessary Iegal process to cause the Broward CountyAviat.ion Department to release the data used togenerate the 1995 Noise Contour Lines and the singleevent profiles. (Vice Mayor Mikes)
City Manager Fl-atIey explained that a request was madeto the Broward County Aviation Department for releaseof the data used to establish the estimated 1995, 65
Ldn Contour Lines and sinqle event profiles inreference to the Airport South Runway Expansion. Mr.Flatley mentioned that Attorney Ed Curtis, the City'sconsulting attorney, telt that the response from EheBroward County Aviation Department only explained themethods utilized to create t.he contours but did notaddress the underlying factual basis.
Vice Mayor Mikes reported that he has obtaj-nedinformation that the Senate has included in theircurrent budqet bifl a bill which would basically pre-
empt aII local noise controls regulations. Vice MayorMikes expressed the adverse effects that this billwould have to the Dania residents impacted by theairport expansion if it passes.
REGULAR MEETING 2 ocToBER 23, t990
Commissioner Grace suqgested that a committee be
organized to j-nclude Dania residents to be involved inattending meetings regarding the airport expansion.
The Comnission generally agreed to reactivate the
members that have been appointed to the Airport
Committee and to possibly consider reappointing anyresidents who may have expertise in this area to assistthe City in this political struqqte.
Vice Mayor Mikes commented on the importance that thisexpansion has on the future tax base and resj.dentimpact to the City of Dania and mentioned that cj.tizeninvolvement has been requested in accordance with thepublic meeting scheduled Novenber l wlth the County andState Officials regarding this subject.
Vice Mayor Mikes recommended adoption of thisresolution and to direct the City Attorney to work withthe consulting attorney, Ed Curtis, and the City
Manager in obtaining this requested information priorto the public meeting on November 1.
A utotion was nade by Commissloner Cook, seconded byCommissioner Bertino to adopt the resolution.
The motion passed on the follor.ring roII call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
AT THIS TIME. ITEM 4.]" WAS HEARD
1.4 City Attorney Adler read theresolution congratulat j-ng Browardits ?sth Birthday.
Vice Mayor Mikes requested to addresolution referring to Dania as
Broward County.
City Attorney Adler stated
Ianguage to this effect inresol-ution.
Vice-Mayor Mikes-yes
Mayor McElyea-yes
title of the
County, Florida, on
language tothe founding
theCity of
that he wi 11 includethe first "WHEREAS" in the
A motion was
Commissioner
amended.
made by
Bertino
Commi s s ionerto adopt. the
Cook, seconded byregolution as
Commissioner Bertino-yes vice-Mayor Mikes-yesCommissioner Cook-yes Mayor McElyea-yesCommissioner crace-ye9
1.5 City Attorney AdLer read the title of theresolution approving that certain Clean FloridaCommission Litter prevention crant Application; anddirecting the appropriate City Officiats to executesaid grant appl icat ion .
Commissioner Bertino mentioned that he has revieHed theconditions to this grant with the City Manager andfeels the City should be able to meet all requirenents.
The motion passed on the following roII call vote:
3REGUIJAR MEETING ocToBER 23. 1990
City Manager Flatley mentioned that the City can applyfor this grant and use an in-kind match for funds and
Ehat the City Hould not have to come up with cash asthe application suggested. City Manager Flatley
mentj-oned the items that could be applied for in thisqrant and mentioned that he is awaiting costinformation.
A motion was made by Comnissioner Bertino, seconded by
Commissioner Cook to adopt this resolution.
The motion passed on the foJ.lowing roII call- vote:
Commissioner Bertino*yes
Commissi,oner Cook-yes
Commissioner Grace-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
L.6 City Attorney Adler read the title of AN ORDINANCE
OF THE CITY OF DANTA, FI.,,ORTDA, ANNEXING TO THE CITY OF
DANIA CERTAIN PROPERTIES DESCRIBED AS ALL THAT PART OF
THE WEST ONE-HALF (WL/21 OF THE SOUTHWEST ONE-OUARTER(SW1/4) OF THE NORTHEAST ONE-QUARTER (N81,/4) OF SECTION20, TOWNSHIP 50 SOUTH, RANGE iI2 EAST, LYING NORTH OE
THE NORTH RIGHT-OF-WAY I,INE OF STATE ROAD 84 (2OO FOOT
RIGHT-OF-WAY), LESS THE FOLLOWING DESCRIBED PARCELSs
BEGINNING AT THE NORTHEAST CORNER OF THE SAID WEST ONE-
HALF (wL,/2) oF THE soUTHwEsT oNE-QUARTER (sl^rL,/4) oF THE
NoRTITEAST oNE-QUARTER (NE1/4) OF SECTION 20, THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID WEST ONE-HALF(wl/21 oF THE SOUTHWEST ONE-QUARTER (SW1/4) OF THE
NORTHEAST ONE-OUARTER (N81,/4) OF SECTION 20. A DISTANCE
OF 123.52 FEET; THENCE WESTERLY, MAKING AN INCLUDED
ANGLE OF 90'05'43". A DISTANCE oF 515.09 FEET; THENCE
NORTHERI.,Y, MAKING AN INCI]UDED ANGLE OF 90'OO'OO" , A
DISTANCE OF 139.59 FEET TO A POINT ON THE NORTH I.,INE OF
THE SAID WEST ONE-HAI"F (WL/21 OF THE SOUTHWEST ONE.
QUARTER (SW1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF
SECTION 20, THENCE EASTERLY ALONG SAID NORTH LINE, A
DISTANCE oF 515.54 EEET TO THE PoINT oF BEGINNING; AND
ALSO LESS: COMMENCING AT THE INTERSECTION OF THE WEST
LINE OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION20, TOWNSHIP 50 SOUTH. RANGE 42 EAST, AND THE NORTH
RIGHT-oF-WAY OF STATE RoAD 84; THENCE NORTH 75'39'20"
EAST, ALONG AN ASSUMED BEARING ALONG TIIE NORTH RIGHT-
OF-WAY OF STATE ROAD 84, A DISTANCE OF 599.50 FEET TO
THE POINT OF BEGINNING' THENCE CONTINUE ALONG AFORESAID
COURSE 35 FEET TO A POINT, THENCE NORTH 0'04'00" WEST,
A DISTANCE oF 30 FEET To A PoINT; THENCE SOUTH75'39'20" WEST, A DISTANCE OF 35 FEET TO A POINT,
THENCE SOUTH O'04'OO" EAST, A DISTANCE OF 30 FEET TO
THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND
BEING IN BROWARD COUNTY, FLORIDA' TOGETHER WITH ANY
INTEREST OF PETITIONERS /OWNERS IN ADiIACENT PUBLIC
RIGHT-OE-WAY; PROVIDING FOR FILING OF COPIES, AND
PROVIDING FOR AN EFFECTIVE DATE.
City Manager FIatIey mentioned that effective July ?ththe biII annexing the Iand west of the City was passed
and stated that property owners on the northslde ofState Road 84 have requested voluntary annexation.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to adopt this annexation ordinanceon first reading.
4REGULAR MEETING ocToBER 23, 1990
The motion passed on the followi.nq roll call vote:
1.7 City Attorney Adler read the title of AN ORDINANCE
OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF
DANIA CERTAIN PROPERTIES DESCRIBED AS A PARCEL OF LANDIN THE WEST ONE- HALE (WX) OF THE EAST ONE-HAI.,F (EX) OF
THE SOUTHWEST ONE-OUARTER (SWX) OF THE NORTHEAST
ONE-QUARTER (NEX} OF SECTION 20, TOWNSHIP 50 SOUTH.
RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE FULLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTIIWEST CORNER
OF THE SAID WEST ONE-HALF (W7A) OF THE EAST ONE-HALF
(E%) OF THE SOUTHWEST ONE- QUARTER (SWX) OF THE
NORTHEAST ONE-OUARTER (NEX) OF SECTION 20, THENCE
SOUTHERLY ALONG THE WEST LINE THEREOF, A DISTANCE OF
300 FEET TO THE PoINT oF BEGINNTNG; THENCE CONTINUE
SOUTHERLY ALONG THE SAID WEST LINE, A DISTANCE OF 50
FEET; THENCE NORTHEASTERLY MAKING AN INCLUDED ANGLE OF
75o32'44", A DISTANCE oF 203.32 FEET; THENCE SOUTHERLY
MAKING AN EXCI.,UDED ANGLE OF 75029' 52", A DISTANCE OF
150 FEET TO A POTNT ON THE NORTH RIGHT_OF-WAY LINE OF
STATE ROAD NO. 84; THENCE NORTHEASTERLY, ALONG SAID
RIGHT-OT'-}IAY I.,INE, MAKING AN INCIJUDED ANGI.'E OF75029'52", A DISTANCE oF 140 FEET; THENCE NORTHERLY
MAKING AN INCLUDED ANGLE OF 1O4O3O'08", A DISTANCE OF
2OO FEET, THENCE SOUTHWESTERLY MAKING AN INCLUDED ANGLE
OF 75'29'52", A DISTANCE OF 343,38 FEET TO THE POINT OF
BEGINNING, SAID IJANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF
PETITIONERS /OWNERS IN ADJACENT PUBLIC RIGHT-OF_WAY' AND
PROVIDING FoR FILING OF coPIEs; AND PRoVTDING FOR AN
EFFECTIVE DATE.
A motion was made by Comrnissioner Grace, seconded by
Commissioner Cook to adopt this annexation ordinance onfirst reading.
The motion passed on the following ro11 call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
commis6ioner Bertino-yes
Commissioner Cook-yes
Conmissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
2
3
PROCIJAMATIONS- none
BI DS
3.1 Clty Manager Flatley recommended to award the blds
recej-ved on the sprinkler system at the cemetery to
W.A. Brook & Sons in Dania in the amount of 522,022-00-Ur. Flatley mentioned that W.A. Brook and Sons is thelowest bidder as they are donatinq the pump at a costof 53,800 and waiving the deposit of $11,000 requestedprior to beginning the job.
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to award the bid to W.A. Brook & Sonson the sprinkler system at the Dania Memorial Park
Cemetery.
The motion passed on the following ro11 cafl vote:
5REGUI]AR MEETING ocToBER 23. t990
Commissioner Bertino-yes
Commissioner Cook-yes
Commiss ioner Grace-yes
AT THIS TIME, THE COMMISSION HEARD ADDENDT'M ITEM 7.5
4.
ITEH
PUBI.,IC HEARINGS AND OTHER REI,ATED UATAERS
4.1 WAS IIEARD AFTER ITE}I 1.34.1 City Attorney Ad1er informed the Commission of
variance request by Bruno Laurenti to alIow theerection of a 6' fence in the front yard (4' maximumpermitted) for property located at 243 SE 5 Street.
(Continued from october 9, 1990)
a
A motion was nade by
Commissioner Cook to(VA-49-90) until the13, 1990.
Commissioner Bertino, seconded by
continue this variance requestnext regular meetinq of November
The motion passed on the following roII call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
AT THIS TII.tE, THE COI.{HISSION RETURNED TO ITEM 1.4
ITEM 4.2 WAS HEARD AFTER ITEM 7.5
4.2 City Attorney Adler informed the Commission of a
variance request by colden Communj.cations to aIloH theerection of an advertisinq sign 60' in height (35' ispermitted) for property located at 3101 SW 26 Terrace.
Attorney Andrew Blasi stepped forward to represent
GoIden Communications in this variance request. Mr.Blasi reminded the Commission that a 35' sign i.spermitted in accordance with the annexation agreemententered into between Dania and his clients back onAprlI 25, 1989.
Mayor McElyea opened the publ1c hearing. Nadine S.Jones. representing the Broward County Aviation
Department, stepped forward to oppose this variance
requesE as the County will be going thru the proper
legaI process to condemn and acquire this property
sometime in April 1991. Mr. Hugo Renda expressedopposition to the city granting this variance request.
Faye Bartelmes expressed approval of granting thisvariance request. Mr. Dan Hart, oHner of Go1den
Communications, expressed approval- of this variance ashe has met all safety and legal requirements and
mentioned that the County may not go forward with theirplans for an extended period of time. Heari-ng nofurther comments, the Mayor closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to grant approval of variancerequest VA-56-90 as requested by colden Communicationsto al1ow the erection of an adverEisinq sign 60' inheiqht for property located at 3101 SW 26 Terrace.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-no
Commissioner Cook-abstained Mayor McElyea-yes
Commissioner Grace-yes
4.3 City Attorney Adler informed the Commission of avariance request by Trafalger Associates of Sheridan toallow the construction of cluster single f ami-1y residences:
6REGULAR MEETTNG ocToBER 23, 1990
a)10' perimeter setback around entire project
( 50' perimeter setback required. )
b) Waiver of individually platting of all 1ots.
Will Al,1en, Growth Management Director. explained that thisis a two-part request for variance and site plan approval to
develop 5.88 acres into a 34 unit Cluster Single Family
development on the east side of SE 5 Avenue. Mr. Allen
reviewed the slte plan and explained the 2 requests for avariance. Mr. Allen stated that the Planning & Zoning Boarddid recommend approval with the following conditions:
1. Each loE be described by
and keyed to the site plani a metes and bounds description
2. The City Attorney review and approve as to form andlega1 sufficiency of a1l agreements incorporating the area
and facilities which are to be jointly and commonLy used byall project residents as required in Section 6.52 a(7) ofthe zoning code i
3. The site plan sha1l shox a 20' wide
from SE 5th Avenue east to Lhe lake areat
drainage easenent
4. That a sideualk be5th Avenue i
required along the east side of SE
5. That all utility lines be shown on the slte plan.
WiIl AIlen stated that this proposal involvessignificantly less density than is allowed by thezoning code and that the petitioner was previously
approved tor 49 units per acre and felt the Clty woufdbe protected with the conditions as mentioned.
Mr. Kevin Gunthardt stepped forHard to represent thepetitioner in this request. Mr. cunthardt confirmedthat hls cfients were partners with VMS and thatTrafalger Associates is now the owner of aII Sheridan
Ocean Club and briefly reviewed the variance and siteplan requests.
Mayor McEIyea opened the public hearinq on the variancerequests a and b.
Ms. Peggy Breeschoten and Mr. Hugo Renda expressedapproval of this project. Hearing no further comments,the Mayor closed the public hearinq.
A motion was made by Commissioner Cook, seconded byCommissioner Grace to qrant the variance request VA-5g-90 to alIow the construction of cluster si.ngle familyresidences with the following stipulations:
a) L0' perimeter setback around entire
b) Waiver of individually platting of
project.
all lots .
Bui LdingThe motion
Department
1. Each
and keyed
included the recommendation of thewith the fotlowing conditions:
lot be described by a metes and boundsto the site plan;description
7REGUI,AR MEETING ocToBER 23, L990
2. The City Attorney review and approve as to form and
lega1 sufficiency of alI agreements incorporating the area
and facilities which are to be jointly and commonly used byall project residents as required in Section 6.52 a(7) ofthe Zon j.ng Code ;
3. The site plan shall show a 20' wide dralnage easement
from sE 5th Avenue east to the lake area;
4. That a sideualk be5th Avenue ;
required along the east side of SE
The motion passed on the following roll call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
B) City Attorney Ad1er informed the Commission ofsite plan request (SP-57-90) by Trafalqer Associates
Sheridan.
the
of
Mayor McElyea opened the public hearing. Hearing no
one speak in favor or opposition, Ehe Mayor closed thepublic hearing.
A rnotion was made by Commissioner Cook, seconded by
Commissj.oner Grace to approve 4.3 B site plan request(SP-57-90) and to add the conditi-on that a berm be
added behind five of the homes.
The motion passed on the followinq ro11 call vote:
AT THIS TIII{E, THE COI'1}'ISSION HEARD TTE}T 7 . 1 AND 7 .2
4,4 City Attorney Adler read the title of the
ordinance for second reading amendinq Section 6-L7,Article I, Chapter 6, of the Code of Ordinances of theCity of Dania entitled "Operating a Boat Near Beach".(Commissioner Cook -Continued fron 1,0/9/9Ol
Comnissioner Cook mentioned the need for this ordinanceto ensure safety for people at Ehe beach.
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Commissioner Bertino-yes
Commissioner Cook-yes
commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
Mayor McEIyea opened the public hearing. Hearing
one speak in favor or opposition, the Mayor closedpublic hearinq.
no
the
A motion wag made by Commissj-oner Cook, seconded by
Commissioner Grace to adopt this ordinance on secondreading entitled "Operating a Boat New Beach".
Commissioner Cook mentioned that this ordinancerequires 300 yards instead of 50 yards from the mainhigh mark for boats to be near Ehe beach.
The motion passed on the following ro11 cafl vote:
8REGULAR MEETING ocToBER 23. 1990
4.5 City Attorney Adler read the title of the
ordinance for second reading amendinq Section 5.36,Article 5, Chapter 28 of the Code of Ordinances of theCity of Dania regarding fence height. (Commlssioner
crace - Continued from 10/9/90)
At Commissioner crace's request, I{i11 AIlen, Growth
Management Director, explained the following
requirementg to the ordinance:
1. To allow a 6' high fence on street side yard
opposed to a 4' fence;
3. To require the decorative side of the fence befacing the public side;
4. To measure the heiqht of the fence fron thehighest grade adjoining the fence;
5. To require fence or walls to be constructed of
masonry material-s, wood, chain 1ink. pvc or othermaterials approved by the Building OfficiaI.
Mayor McElyea opened the public hearing. Mr. ClintonHilI expressed the danger created from improper trafficvision on corners with hiqh fences and felt that fence
requests should remain under the variance procedure;
Mr. Tim Mccfoud expressed approval of this ordinance as
some citizens have been granted 6' hiqh fences whileothers have been denied; Mr. Bud O'Gorman stepped
forward to expresg the need for more control overbuilding in the Clty.
Commissioner Cook stated that the purpose ofproposed ordinance was to address the problem
conformity in the City and to ensure fairnesscitizens who wish to construct a 6' fence,
thi s
ofto all
vice Mayor Mikes expressed his concern for thevisibility problem created from high fences on streetside yards and accidents that could be caused whenpeople are entering trafflc.
A motion was made by Commissioner Grace, seconded by
Commissioner Cook to adopt the ordinance alloHj-ngfences and walls on street side yards to be 6' hiqhwith the condiEions of no setback. no requiredIandscaping, the good side of the fence facing out, to
measure the fence from the inside and fences or wallsto be constructed of masonry materials, wood, chainlink, pvc or other materials approved by the BuildingOfficial.
9REGULAR MEETING OCTOBER 23, I99O
2. To remove the 1' setback and landscape
requirement i
Vice Mayor Mikes restaEed his position as of the
September 25th meeting that since Dania is not a hugecity, fence requests should remain under the varianceprocedure in order to ensure negative impact is notpfaced aqalnst neighborhoods by havinq a blanket
approval process by adopting this ordinance. Vice
Mayor Mikes suggested that the Commission consider
wai.ving variance fees in hardship cases as an
appropriate way to address fence requests.
Hearing no further comments, the Mayor closed thepublic hearing.
The motion passed on the following ro11 call vote:
5.SITE PLANS
6. EXPENDITURE REOUESTS
5.1- City Attorney Adler informed the Commission of a
request to purchase SchooI Board surplus property.
City Manager Flatley stated that this request involves
a l/2 acre parcel of land located behind the Dania
Water Plant thaE the City has requested to purchase
from the school Board. Mr. Flatley mentioned that
there have been three appraisals received for S98,000'
S70,0OO and S50,000 by the School Board and that thev
have accepted the lowest appraisal . Mr. FlatIeY
informed the Commission that this property will be
purchased over a three year period with no interest
charqed and that water impact fees will be used for the
purchase, The ultinate use of the property will be 1n
connection with the neHly proposed water plant
expansion and renovation proqram.
City Attorney Adler recommended approval to purchase
the property as he feels Dania has benefited from the
low appralsal price.
A motion was made by commissioner cook. seconded by
Commissioner Bertino to purchase School Board surplus
property located near the water plant for a price of
s50,000.
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
vice-Mayor Mikes-no
Mayor McEIyea-no
Vice-Mayor Mikes-Yes
Mayor McElyea-yes
informed the Commission of a
Marina for approval to erect a
annual billfish tournament.
Marina, stepped forward to
temporary tent for a Period
Vice-Mayor Mikes-yes
Mayor McElyea-yes
AT THIS TII.IE THE COM}TISSION DISCUSSED ITEI.I 7.3
7. DISCUSSION
7.1 City Attorney
request by Harbour
temporary tent for
AdIer
Townetheir
A motion was made by Commissioner Cook, seconded by
Commissioner Bertino to grant the requesE by Harbour
ToHne Marina to erect a temporary tent for their annual
billfish tournament until Novenber 15. 1990.
The motion passed on the following ro11 call vote:
David Graham. Harbour Towne
request approval to erect a
of two weeks.
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
REGULAR MEETING 10 ocToBER 23, 1990
ITE}I 7.1. WAS IIEARD AFTER ITEM 4.3 A AND B
Will AI1en, Growth Management Director, explained thatthe City Commission granted a Speclal Exception to Mr.Mirrer on October 24, L989 to permit an enclosedvehicle service establishment with certain conditions
and included review of this special exception after oneyear to ensure that all conditions were met. Mr. A11en
mentioned that the conditions are as follows:
7.2 City Attorney
request to discuss
Mr. Hochstein questioned whyobtain a special Exception aIies in a c-3 District where
permitEed.
Adler informed the Conmission of athe Frank Mirrer property.
1
2
3
4
No outside storage or mechanical work be
permi tted;
No overnight parking of vehiclesi
A 6' chain link fence and 5' hedges to beinstalled along the rear property line;
Four (4) 8' Black olive Trees be planted along
rear property line.
the
Mr. Allen stated that he has not received any response
from Mr. Mirrer since early october on how he has met
these conditions. Mr, A11en also stated that the Code
Enforcement Board has sited the property for havingviofated the no outside storage condition and for nopermit on the roof structure.
Attorney Hochstein, representing Mr. Mirrer, explained
that they have now obtained a permit for the roof
structure and site plan approval . Mr. Hochstein stated
that the materials being stored outside on the property
are materials used for the roof structure and wiII be
removed once the building is completed. Mr. Hochstein
assured the Commissj.on that there has not been any
mechanical work done on vehicles and that his client
didn't understand that the no overnj-ght parking of
vehicLes included the fully operational vehicles. Mr.
Hochstein mentioned that the commission Iater agreed to
the installation of a 6'CBS wall along the outside of
Ehe perineter of the property instead of the chain link
fence and hedqe.
Mr. Mirrer was required toyear ago when his property
auto service gtations are
H1II Allen stated that in the C-3 classification there
is a list of special exceptions which includes enclosed
automobile service establishments.
Commissioner Grace expressed her dissatisfaction with
the condiLion of the Frank Mirrer property and felt theproject should be denied.
will Allen mentioned that there was no permit puIled
for an extended wall that has been constructed and that
the wall wil.l have to be demoLished before they can
continue with any further construction. Mr. AlIen
reported that there are automobiles, boats and a dogt
house in the front of the property against the chainlink fence which have nothing to do with material
needed to construct the roof as mentioned by Mr.
Hochstein.
The Commission reviewed with Mr. Mirrer the conditions
that were attached to his approved Special Exception
one year ago and determined his violation to each
issue.
REGULAR MEETING 1l-ocToBER 23. 1990
Mr. Hockstein stated that landscaping can be added in
the front of the property where the fence is
constructed for better appearance and to hide the vj-ew
of cars that may be parked there. Mr. Hochstein
mentioned that they will be cleaning up any junk on theproperty and the building materials will go inside thebuildinq.
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to have Mr. Mirrer get toqether with
I,rill A1}en, Growth Management Director, to come up with
a plan on how Mr. Mirrer is goinqt to make this property
look presentable and bring this plan before the
Commission at the next workshop meeting and then
continue to the next regular meeting of November 27.
city Attorney AdIer mentioned that a meeting is coming
up soon with the attorneys for the Big Nassau Daddyproperty in an effort to clean this property up as
wel1,
Mr. Hochstein stated thaE he will meet with Mr. Allen
and his client to attempt to start cleaninq up the
property immediately prior to the workshop meeting.
The motion passed on the following roll call vote:
RETURNED TO ITE}I 4.4
rTEM 7.3 WAS IIEARD AFTER 6.1
7.3 City Attorney Adler informed the Commission of
discussion of an Economic Devel-opment Budget proposal .
city Manager Flattey reminded Ehe Commissj.on that this
proposal has been discussed at the recent workshop
meetinq and that thi.s involves the revitalization and
redevelopment of the downtown area and future State
Road 84 properties. Mr. Flatley mentioned that more
than half of this budget has already been approved in
the 90/91 budget with the agreement to hire a new City
Planner that would work primarily downtown and in
economlc development areag in the City. Mr. Flatley
suggested that an Economic Development Budget be set up
utilizing S37,900 from the approved budget and S22,000
from Continqency, Mr. F]atley stated that this budqet
will be available in the event that Dania does succeed
in annexing aII the rest of the properties on the north
side of State Road 84 which is being proposed up to I-
95 and the redevelopment of the downtoHn area.
A motion was made by Vice Mayor Mikes, seconded by
commissioner crace to approve the Economic Development
Budget as presented by city Manager FIatley.
The motion passed on the folJ-owing ro11 call vote:
Commissioner Bertino-yes
commissioner Cook-yes
Commissioner Grace-yes
AT THIS TIHE, THE COUIIIISSION
commissioner Bertino-yes
conmissioner Cook-yes
Conmiss ioner Grace-yes
AI)DENDI,u ITEUS
Vice-Mayor Mikes-yes
Mayor MCEIyea-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
7.1 city Attorney Adler informed the Commission of
discussion regarding status report on League of Citi"es
Committee to pass Amendment *3 reqarding unfunded State
Mandates on November 6, 1990. (Commissioner Cook)
REGULAR IIIEETING T2 ocToBER 23. 1"990
Commissioner Cook explained that a raIlY was conducted
at the State L,eague of cities with local cities
supporting the passage of Amendment *3 regarding
unfunded state Mandates for the November 6. 1990
referendun. Commissioner Cook esplained the financial
hardship that is placed on local governments Hhen the
state leqislature passes service programs to be funded
by local governments which then causes local cities to
be forced to raise taxes as they cannot afford these
programs. Commissioner cook expressed apprecj.ation to
the Commission for thelr support in this issue.
Commissioner Bertino pointed out that November 6 will
be the only time to make an attempt to stop the
unfunded State Mandates as this will become law and
1ocal cities will be placed in adverse financial
situations by being forced to fund programs placed on
them by the legislature. Commissioner Bertino
explained that the efforts to get locaI governments and
citizens involved in this issue was done by a petition
drive as there weren't enough legislators interested in
endorsing this amendnent.
Commissioner Cook mentioned that every City in t.he
State of Florida adopted a resolution supporting the
passage of Amendment *3.
AT THIS TI}'E, TIIE COT'{T.TISSION IIEARD 7.6
ITE}I 7.5 WAS IIEARD AFTER ITEU 3.1
7.5 (9:00 P.M.) Discussion of abandoned buildings and
rel,ated criminal activities. (Vice Mayor Mikes)
vice Mayor Mikes expressed the need to board up
abandoned buildings to deter vagrancy and crlminal
activity in the Melaleuca Gardens area.
t{ill Allen, Growth Management Director, reported that
the condition of t.he Ribbon l{riter Buildinq at 701
North Federal Highway is painted with graffiti outside
and inside. Mr. Allen requested that the owner of the
building address the Commission at this time.
Wilson Atkinson, Attorney. representing Seaboard
warehouse Terminals of Fort Lauderdale, Inc., explained
that the owners acquired this property just recently
and gave a brief overview of the title and right-of-way
problems on the property. Mr. Atkinson stated that his
clients are willing to assist the city by demolishinql
this structure but have requested to do so in
conjunction with their proposed development p1ans.
vice Mayor Mikes felt that the buil.dinq needs to be
boarded up immediately due to the criminal and vaqrancy
problems created and didn't feel that this immedlate
problem relates to the proposed development of the
property.
Mayor McBlyea concurred with Vice Mayor Mikes that the
buildingt should be boarded up until the orners make a
decision on what type of development will be bui1t.
Commissioner Bertino expressed the need to clean up the
property due to criminal activity. open up the paved
road easement for the owner to use and demolish the
building so that the property could be built on.
REGULAR MEETING 13 ocToBER 23, L990
The Comnission generally agreed to have Mr. Atkinson
obtain figures on what the cj.ty is collecting on taxes
for the building riqht now opposed to revenue the City
could expect if there was development on the property.
vice Mayor Mikes suqqested that the property would be
more marketabte if the building foundation was to
remain but to demolish the building as 1t would not be
cost effective to continue ongoing maintenance to keep
the property boarded up.
wilson Atkinson stated that he would be happy to work
with the city staff by removing this structure and also
requested assistance from the City to open up Ehe road
easement so that development plans can be expedited.
Commissioner Cook suggested to turn this situation over
to City Manager FIatley and Growth Manaqement Director
Allen to work out a resolution that will be to the best
interest of all parties. Commissioner cook gtated that
she also would rather see the building demolished.
Will A11en, GroHth Management Director. stated that the
building is more than an unsafe structure situation as
it is also a violation to property standard codes. Mr.
Allen and the Commission mentioned the on going hiqh
weeds, graffiti, vagrancy, skate board ramps and auto
strippinq problems. vice Mayor Mikes mentioned that a
person was ki1led there two years a(lo and that children
are in and out of the building and that it is unsafe-
Commissioner Cook requested that Mr. Atkinson advise
his clients of the dangerous situation that is created
from this structure.
The Commission generally aqreed to have the city
Manager, City Attorney and GroHth Management Dj.rector
to handle this situation with Mr. Atkinson and to come
back Eo a workshop meeting to discuss solutions to the
problem.
Mr. Atkinson stated that he woutd make an appointment
with the City staff by the first of next Heek.
AT THIS TIUE, THE CO}IUISSION RETURNED TO ITEM 4.2
ITE}I 7.6 WAS HEARD AFTER 7.4
7.6 City Attorney Adler informed the Commission of
discussion of the November 1 public meeting (8 p.m.) at
City Hal1 regarding Airport south RuneJay expansion.
(Vice Mayor Mikes )
City Manager Flatley expressed appreclatj-on to the
Griffin Civic Association for their assistance in
informing the public of this meeting. Mr. Flatley
mentioned that representatives from the Airport and
Regional Planning Council wilI be present to gj.ve an
informational presentation on the plans for the
expansion of the airport. Mr. Flatl"ey stated that the
public will then be given an opportunity to make
comments and receive answers to questions regarding
this issue. Mr. FIatley mentioned that Dania's
Position Paper adopted by the Dania city Commission
will be made available to the public and Broward county
and Airport representatives.
REGUI-,AR MEETING L4 ocroBER 23, 1990
Vice Mayor Mikes nentioned that the citizens who live
south of Griffin Road and the area between Davie
Boulevard extending south to Stirling Road are beingl
impacted by this expansion and encouraged the need for
citizen participation.
7.7 City Attorney Adler informed
update on the construction of the
Plant. (Commigsioner Cook)
the Commission of an
Reuter Recycling
8
Commissioner Cook explained that Pembroke Pines.
Pompano Beach, Hallandale and Dania are the four cities
involved in the agreement with the Reuter Recycling
PIant for the disposal of garbage. Commissioner Cook
stated that there are now other cities interested in
enterinq into an agreement with these four cities and
the Rueter Recycling PLant at a higher rate.
Commissioner Cook explained that Dania representatives
were able to tour the plant with the nembers of the
Board of Directors and that the plant is expected to be
open in the middle of 1991. Commissioner cook
mentioned the benefits to this plant being that Dania
residents will not have to separate their qarbage and
that the charge to the City will only be S54 per ton
opposed to the County charge of $64 a ton.
Commissioner Cook mentioned that this plant will not
involve the disposal of large hard items.
vice Mayor Mikes stated that over a few years Dania
residents wiII probably experience a significantlygreater decrease in garbage collection fees in using
thls composting plant opposed to residents in
unincorporated areas or in cities forced to deal with
the county inc j.nerators .
Commissioner Bertino expressed the benefits for the use
of this composting ptant for ecology reasons opposed to
the burn methods used in the incinerators.
APPOINTI{ENTS
8.1 City Attorney Adler informed the Comnission of
adoption of resolution appointing a Utility Director.
Clty Manager Flatley mentioned that there have been
several interviews conducted with individuals for theposition of Utility Director for Dania, Mr- Flatley
presented Mr. Robert PaLm tor the position and
requested commission input.
Mayor McElyea stated that Mr. Palm was interviewed at
the recent workshop meeting and gave a brief overviel,
of his accomplishments in the utility field in the
area.
Mr. Robert "Bud" PaIn stepped forward to introduce
himself and expressed his desire to take the position
of Utility Director for the City of Dania.
A motion was made by commissioner Bertino, seconded by
commissioner crace to adopt the resolutlon appointing
Robert Palm as Utility Director for the City of Daniaat a salary of 541,000 and that he will have a review
in 6 months for a possible readjustment of salary.
REGUI-,AR T.TEETING 15 ocToBER 23, 1990
The motion passed on the following ro11 cafl vote:
Mike Smith, Personnel Director, stated that the
effective date of Mr. Palm's employment must be worked
out with his present employer.
Commissioner Cook commended Fire chief Thomas Grammer
for his efforts in working as Actinq UtiLity Director
over the past few years.
Commissioner Bertino-yes
commissioner Cook-yes
Commissioner Grace-yes
city Manaqer Flatley concurred
and added that Mr. Grammer has
available to meet the needs of
ques t ion .
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Commissi.oner Grace mentioned that
unavailable from November 17 thru
Mr. Flatley stated that he
meetinq a half-hour before
Novenber 13 to discuss the
vice-Mayor Mikes-yes
Mayor McElyea-yes
with commissioner Cook
always made himself
this position without
of
t erm
8.2 City Attorney Adler advised the Commission
appointment of member to Housing Authority. (The
of Veta Mae Peterman expires t1/90l
Mayor McElyea appointed Veta Mae Peterman as member to
the Housing Authori Ey.
A motion was made by Commissloner Grace. seconded by
commissioner Cook to approve the Mayor's appointment of
veta Mae Peterman to the Dania Housing Authority.
The motion passed on the following rofl call vote:
9-CITIZENS. COI.IMENTS - NONE
10. ADMINISTRATIVE REPORTS
10.1 city I'lanager
City Manager Flatley suggested a workshop meetinq be
scheduled for November 20 at 8:00 p.m.
vice-Mayor Hikes-yes
Itlayor McElyea-yes
she will be
26 for meetinets.
wi 11 schedule a workshop
the reqular meeting on
Frank Mirrer property.
City Manager Flatley stated that he will bring up the
issue of schedulinq a workshop at one of the November
regular meetings to determine an actual date in
December.
10.2 City Attorney
City Attorney Adler advised the Commission
changes to the BSO contract have been made
only other modification involves the Bso's
company not being able to name the City as
insured. Mr. Adler assured the Commissionprovision has been added to cover the city
regard.
that aII the
and that Ehe
insurance
addi t ionalthat ain this
REGULAR MEETING I6 ocToBER 23, 1990
11. ColtltrssloN coMI'lENTS
l-1.1 Commissioner Bertino
commissioner Bertino commended the Bso and Dania
Chamber of Commerce and Optimist Club for their efforts
in "Red Ribbon Week".
Commissioner Bertino reconf irmed
Meeting for the people from the
Thursday, october 25 at 5:30 p.m
the Crime I{atch
Melaleuca area on
Commissioner Bertino requested the public
necessary precautions for safety with the
outbreak during Halloween.
to take the
Encephali tis
11.2 Commissi-oner Cook
City Manager F1atley reported that EPL seems to be
maintaining street Iights better after receiving a list
of locations in need of repair from the City. I'1r.
FIatIey reported that he is awaitinql an answer on when
the County wilL be placing Danla's request for stop
signs in the SW section and new street lights in the SE
section on their agenda for action.
Mr. Flatley expressed a need for a petiEion to be
circul"ated in an effort to place pressure under the
Department of Transportation to install a traffic turn
siqnal liqht at the entrance to the MeLaleuca Gardens
area near the airport on Us 1-. Mr. Flatley stated that
the Department of Transportation has installed the
wiring for the light but have not made a commitment on
i-nstalling a light as the Engineers are sayinq there
isn't enough accident data to warrant a light in this
area.
commissioner Cook reporEed that the drain recently
installed at the sandpiper ToHnhouses and Publix
Shopping Center has hel-ped considerably in cl-earing
t.he standing water problem and that the other drain
be installed shoufd get rid of the water completely.
up
to
Mr. Flattey mentioned that once the drains
completely installed the paving of SE 14th
be completed and the wall constructed.
are
Street will
area
Commissioner Cook mentioned that she had thought the
Meadowbrook Lakes drainage problem was worked out by
installing a baffle to divert the water from the
sandpiper Townhouses out into the east area.
City Manager Flatley stated that he is awaiting a
response from Don Windham, Berry & Calvin. on what
solution they have decided would work best in that
to be brought back before the Commission for
discussion.
Commissioner Bertino stated that he understood that
there were 6 Iines running into the MeadoHbrook Lakes
and they are coming from the two east/west lateral
mai.ns. The problem is created because there is such
head pressure built up coming a1I the way from Federal
Highway that the water is blown back down the 6
Iaterals into the Lakes.
REGUI,AR MEETING L7 ocroBER 23, 1990
Mayor McEIyea congratulated Commissionerre-electj.on to the State League of CltiesDirectors.
Commissioner Bertino sugqested that the Engineer
research the idea of movinq the catch baslns for the
drainage area in the swales back and to put a flappervalve on the end of each one of the 6lines that go
back into the lake off the nain laterals. The headpressure woul-d then throw the valves shut and no water
would go back into the lakes. The water needed fromthe swale area for a recharge to the lake Hould be
taken care of by moving the catch basins back 4 to 5feet to the south along the northern edge and to thenorth along the southern edge.
City Manager FIatley reported that the Mosquito controlwill be out in the Melafeuca cardens area before the
end of the day on Friday.
11.3 Commissioner Grace
commissioner crace expresged appreciation for theprayers for her daughter, Cheryl .
Commissioner Grace asked City Manaqer Flatley to
respond to the problem of yard cuttings on SW 13 and 14
Avenue and requested him to check into removing thepink bullding on NW lst Street and 14th Avenue due to
the danqer to children who are playing in the building.
Commissioner crace informed the audience that MUPA will
be having a softball tournament at Modello Park this
weekend, that on November 19th there will be aspaghetti Dinner at Modello Park at 7:30 p.m. as a
community effort to raise funds for supplies needed for
Modello Park. and encouraged citizens to vote on
November 6.
Ur, Flatley responded to Commissioner crace's questions
on the yard cuttinqs on s!,I 13 and 14 Avenue and the
unsafe structure mentioned by explaininq that he would
have Cliff Taylor, PubIic Works Supervisor, speak withher about the progress being completed.
11.4 Vice Mayor Mikes
Vice Mayor Mikes requested Cj-ty Manager Flatley to lookinto whether the owner of the property on 3 Avenue onthe southeast side has been sited for the number of
dead black oIi-ve trees in accordance with theregulations stipulated in the tree trj-mming ordinance.
Vice Mayor Mikes encouraged passage of Amendment 4 on
November 6 relating to the Sunshine Amendment requiringthat legisl,atures should abide by the same open
government rules as those imposed by local- officials.
11.5 Mayor McEIyea
Mayor McElyea l-nformed the Commission that Penbroke
Pines has purchased a fogger to assist in the nosquitospraying and suggested the Public Works Department andUtility Department Heads get together on seeing what
can be done for Dania.
Bertino on his
Board of
REGUIJAR MEETING 18 ocToBER 23, 1990
This regular commission meetinq was then adjourned.
/1 ryM.
CITY C I.,,ERK_AUD ITOR
{4{{6{:$vf413$lxnx
il*// /'*/i"1"-"
REGUITAR I'IEETING 19 ocToBER 23, L990