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HomeMy WebLinkAboutNULL (348) v L i 1 MINUTES a DANIA CITY COMMISSION i REGULAR MEETING AUGUST 28, 1990 i INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE y ROLL CALL: Present : Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS i *Distinguished Service Award to Michael Bertino, Boy Scout Troop #522, for assisting disabled Dania citizen. Roxanne Knight read a newspaper article and City Attorney Adler s read the Distinguished Service Award from the Mayor commending Michael Bertino for exemplifying his scout pledge to help other people at all times by undertaking a project to recondition the home of Reverend Gussman, disabled citizen in Dania. The award mentioned that Michael Bertino solicited for funds and completed chores necessary to clean and beautify Reverend Gussman ' s home which was done in his quest to reach the rank of Eagle Scout and earned him Distinguished Citizen of. Dania . Michael Bertino stepped forward to thank the Commission for receiving this award and expressed appreciation to the Dania 1 Rotary Club, Sheridan Street Lumber, Jeff Hill , Paul Goldstein, Kenny McDougle, Reggie Johnson, McDonalds, Grampa ' s Bakery, John Bartley, Murray Goodman, Wanda Mullikin, Kurt Ely, Mayor McElyea, City Dania Staff , Parents and helpers from Troops 522 and 100, j and his parents for their efforts and encouragement in completing i this project . *DCOTA Fabric Fair ' 90 (September 14 & 15) Joan Kerns , General Manager of DCOTA, informed the Commission of a large hand-dyed textile exhibit that will take place at the f DCOTA on September 14 and 15 and mentioned the unveiling of this j event to take place September 7 and a rare consumer open house on September 8 . Ms . Kerns mentioned that the draping of fabric will be displayed by designer, Maya Romanoff , who has been a dominant figure the past 20 years in the textile fabric trade. Ms . Kerns encouraged audience and Commission attendance. City Manager Flatley stated that this event will most likely make the Guiness Book of World Records and expressed the significant effects that this event will have on Dania . *Tommy Jewell , American Legion Post 304 President , on the "Yellow Ribbon" program. Post Commander of the American Legion Post 304 encouraged the Commission and audience to supply names and addresses of individuals that have been sent overseas in relation to the middle east crisis for the post to send care packages. a j REGULAR MEETING 1 AUGUST 28, 1990 , I t I i Tommy Jewell , American Legion Post 304 President , explained the need to support the troops that have been sent to the middle east and encouraged participation in the "Yellow Ribbon" program. Mr. Jewell requested Dania and Broward County citizens to help in a € drive to obtain the names of any South Broward and Dania citizens who are serving in an effort to work out a care package system l( within 45 days . i Commissioner Grace commended Post 304 for their efforts in i boosting the moral of American troops involved in the middle east crisis . Commissioner Grace expressed the impact this situation has had on Dania residents and mentioned that her daughter ' s i unit , who is stationed in Germany, has also received notification that they will be going to Saudi Arabia. i *B. S .O. Deputy of the Month Award i Captain Carney, BSO Commander, informed the Commission that Deputy Steven Cobb has been chosen as the deputy of the month. Captain Carney explained that Deputy Cobb made 18 felony arrests for the month of July and that 12 of those arrests were for narcotics violations . Captain Carney stated that with these arrests the BSO confiscated two vehicles and $600 in cash. Captain Carney continued to mentioned that Deputy Cobb also made i 13 misdemeanor arrests , 4 arrests for traffic warrants , and one DUI arrest . Captain Carney mentioned that one of the individuals }. arrested was an employee of Coral Springs Parks and Recreation Department for possession of LSD. Captain Carney commended Deputy Steven Cobb for his outstanding performance and presented him with the Deputy of the Month Award. At this time, Mayor McElyea acknowledged John Bertino, Sr. who is the father of Commissioner John Bertino and grandfather to Michael Bertino from Boy Scout Troop #522. i AT THIS TIME, ITEM 7 .11 WAS HEARD PULLED FROM CONSENT AGENDA I Commissioner Cook pulled item 1.7 , Commissioner Bertino pulled item 1 .8 and Vice Mayor Mikes pulled item 1.5. j 1 . CONSENT AGENDA Minutes 1 . 1 August 14 , regular meeting Bills 1 . 2 Approval of bills paid for July, 1990 Resolutions I I 1 . 3 City Attorney Adler read the title of the resolution revising fees to be charged for use of the city' s Community Center known as the "I .T. Parker sCommunity Center" . 1 .4 City Attorney Adler read the title of the resolution approving the General Release between City of Dania and City of Hollywood relating to Case No. 86- 16610-CS , in the Circuit Court in and for Broward County, Florida , and captioned "City of Hollywood , a municipal corporation of the State of Florida, i REGULAR MEETING 2AUGUST 28, 1990 k v Y 4 t� z 1;14�70 t Plaintiff vs . the cities of Miramar, Dania , Pembroke Park and Hallandale, all municipal corporations existing under the laws of the State of Florida , and s ' Broward County, a political subdivision of the State of C Florida, Defendants" . } 1 1. 6 City Attorney Adler read the title of the f J resolution appointing Donald Hansen , Bruce Caruso and Tim McCloud as members to the Dania Civil Service Board to serve until their successors are duly appointed. j Ordinances 1.9 City Attorney Adler read the title of the ordinance for first reading amending Article 4 , Chapter 28 of the Code of Ordinances of the City of Dania , entitled "District Regulations" , to require elevations of all buildings on site plans ; providing for I codification. A motion was made by Commissioner Cook, seconded by f Commissioner Bertino to approve the consent agenda with ? the exception of item 1 . 5, 1 .7 and 1 . 8 . i i t The motion passed on the following roll call vote: � Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McEl.yea-yes Commissioner Grace-yes PULLED FROM CONSENT AGENDA 1 . 5 City Attorney Adler read the title of the resolution approving the Large User Wastewater Agreement between the City of Hollywood and the City of j Dania . Vice Mayor Mikes asked City Manager Flatley if he was able to obtain the cost for the different build out rates at the year 2000. City Manager Flatley requested Lisa Lane, of Rachlin & j Cohen, to address this question. Lisa Lane came forward to explain that there is no debt service paid on reserve capacity in this agreement and that debt service has been reconfirmed to be paid based on gallonage used. Ms. Lane stated that there is no affect on the present agreement if you reserve 4 .7 or 4 .0 but that your reserve is affected on the expansion of the Hollywood Wastewater Treatment Plant. Ms . Lane mentioned that at the point Hollywood goes out for bond i financing to expand the system, the debt servicing on j the expansion will be charged to Dania on the difference between your reserve and your existing flows at that date . Ms . Lane recommended to notify Hollywood if the City wishes to change from 4 .7 to 4 .0 as Hollywood is in the design phase of their expansion and explained the risk of having to purchase additional gallonage retroactively as if you had had it from day one. City Manager Flatley and City Attorney Adler recommended approval of this agreement . I A motion was made by commissioner cook, seconded by —+ Commissioner Grace to adopt the resolution approving the Large User Wastewater Agreement between the City of j Hollywood and the City of Dania. f 1 REGULAR MEETING 3 AUGUST 28, 1990 4 {t{ I AN J The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1 .7 City Attorney Adler read the title of the fr resolution urging its citizens to support the Constitutional Amendment No. 3 on the November, 1990 Ballot limiting unfunded State Mandates on Cities and Counties . Commissioner Cook stated that she was appointed to the Mandate Committee of the Broward League of Cities and presented a video recording on the importance of voting YES to the Constitutional Amendment No. 3 . City Attorney Adler read the title of the resolution in its entirety. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this resolution. The motion passed on the following roll call. vote: Commissioner Bertino-yes Vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes y 1 . 8 City Attorney Adler read the title of the ordinance for first reading amending Chapter 8 of the Code of Ordinances by adding Article VIII thereto ! entitled "Private Alarm Systems" ; providing for deactivation of audible alarms; providing for permits; i providing for penalties . i Commissioner Bertino mentioned that this ordinance �. should assist in the problem of business alarms that are falsely activated and not turned off for several days and not being able to contact the owner. Commissioner Bertino stated that the ordinance requires owners to install alarms that must automatically turn off within 30 minutes after they start ringing and provide a phone number of a contact person. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt this ordinance on first reading relating to "Private Alarm Systems" . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes AT THIS TIME, ITEM 4.3 WAS HEARD 2. PROCLAMATIONS - NONE 3. BIDS - NONE i J- I REGULAR MEETING 4 AUGUST 28, 1,990 yn . r a �., �oy r ,kk l 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning (Second and Final reading of j ordinances 4 . 1 City Attorney Adler advised the Commission of a variance request by Fred Gunther for property located � I at 344 NE 2 Court to allow the construction of a carport with a 2 ' side yard setback (10 ' setback required) . Fred Gunther stated that this request is to replace a carport that was damaged due to a tornado sometime in April and stated that the original. carport, was constructed since 1977 and that no neighbors have objection to the construction of the new carport . Mr. ! Gunther stated that he was not aware that he had to obtain a variance to reconstruct the new carport in the same location and mentioned that Code Enforcement advised him of the procedure. r ! Will Allen, Growth Management Director, described the location of the property and explained that the side yard setback requirements are from the RS-8000 zoning district . Mr. Allen continued to say that the awning type carport that was destroyed was never approved for construction by the Planning and Zoning Board back in "b 1979 and stated that the Planning & Zoning Board recommended denial of this proposed carport . Mayor McElyea opened the public hearing. Bill Wosenitz stepped forward to express opposition to the several additions added to Mr. Gunther ' s house without being required to obtain the proper permits . Edith Lavoe explained that she lives next to Mr. Gunther and expressed approval of this request . Hearing no further comments, the Mayor closed the public hearing. Commissioner Cook confirmed that there has been a petition signed by neighbors who have no objection to the construction of this carport . ((c Vice Mayor Mikes confirmed with Mr. Gunther that he has f no further intention of constructing any further structures on his property. i A motion was made by Commissioner Grace, seconded by Vice Mayor Mikes to approve VA-45-90 with the condition that there will be no additional carport awning facilities . The motion passed on the following roll call vote: i 1 111t Commissioner. Bertino-yes Vice-Mayor Mikes-yes I Commissioner Cook-yes Mayor McElyea-yes a Commissioner Grace-yes 4 . 2 City Attorney Adler informed the Commission of a 1! variance request by Ronald Renaud for vacant property j located at 625 NE 2 Place to allow the construction of a home with a 69.61 ' frontage (75 ' minimum is i required) . Mrs . Renaud explained that she has a buyer for her 1 residence who wants to build a home with a 69 . 61 ' frontage instead of the 75 ' minimum requirement . REGULAR MEETING 5 AUGUST 28, 1990 t i ,v. 4 I I ! f b Will Allen informed the Commission that the Planning & j Zoning Board did recommend approval of this variance 1 request as they felt the petitioner had satisfied the criteria for authorizing a variance as described in Section 10.13 of the zoning code and that the subject f property is consistent with lot sizes found within the neighborhood. f j Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. { A motion was made by Commissioner Berti.no, seconded by Commissioner Cook to approve VA-46-90 as requested by i Ronald Renaud for property located at 625 NE 2 Place. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes j Commissioner Grace-yes j AT THIS TIME, 4 .4 WAS HEARD ITEM 4.3 WAS HEARD AFTER THE CONSENT AGENDA ^M 4 .3 City Attorney Adler read the title of the ordinance for second reading amending Section 27-38 of. Article II of Chapter 27 of the 1980 Code of Ordinances j of the City of. Dania entitled: Rates and Charges for Service" to provide increases in the rates and charges j for water service; and providing that except as herein amended all other provisions of Chapter 27 , Article II of the Code of Ordinances of the City of Dania shall remain in full force and effect; and providing that the effective date of this ordinance shall be as of the I October 1 , 1990 , billing date . City Manager Flatley mentioned that there is a certain rate charge that rewards those users who are conserving water consumption and penalize those users who are abusing consumption. City Manager Flatley mentioned that this is called an inclining rate structure and explained that several cities and Broward County have adopted this procedure as a means to help in conservation of water usage. Lisa Lane, Rachlin & Cohen, explained that. the basic concept behind adopting an inclining rate structure is to penalize those users who use more than the average consumption. Ms. Lane mentioned that Rachlin & Cohen has a billing analysis which was determined by taking i all of the Ci.ty ' s customers and running what their average consumptions are for a 1.2 month period . Ms . Lane mentioned that in Dania the average home owner is 1 using 8 , 000 gallons a month. She stated that people who use above the 8 , 000 gallons per month would be penalized as a means to encourage conservation of water usage. 9 Commissioner Bertino expressed his view that the rate 11f increase should possibly be based on the number of people in a household instead of on gallons used. Ms. Lane explained that the inclining rate structure is set up with a 25% increase in gallonage after the first 17,000 to 27 , 000 gallons and over 27, 000 gallons there is a 50% sur charge per bi-monthly billing period. i REGULAR MEETING 6 AUGUST 28, 1990 j , Commissioner Bertino expressed his opposition to adopting an inclining rate structure as he didn ' t feel it to be fair to all household situations . A motion was made by Commissioner Cook, seconded by Commissioner Bertino to continue second reading of this ordinance until the next regular meeting of September a 11 , 1990 . f. The motion failed on the following roll call vote: j Commissioner Bertino-yes Vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-no Commissioner Grace-no Commissioner Bertino suggested alternatives of taking the yearly average per household and if a person came under that on a monthly breakdown they would be given a decreased rate or if a person went over, they would be charged a higher jrate. Commissioner Bertino also suggested that the Census could be utilized to determine how many people there are in a household in Dania and then suggested to use a multiplier of per capita in a household . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public G hearing. �. A motion was made by Commissioner Cook, seconded by Commissioner Vice Mayor Mikes to amend the ordinance to reflect the inclining rate structure and information from the memo submitted by Marie Jabalee, Finance Manager. The motion passed on the following roll call vote: a Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes _. aF A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve the ordinance on second reading as amended. The motion passed on the following roll call vote: Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes AT THIS TIME, ITEM 4 . 1 WAS HEARD i 4 . 4 City Attorney Adler read the title of the i jordinance for second reading amending Section 27-108 of Article III of Chapter 27 of. the 1980 Code of Ordinances of the City of Dania entitled : "RATES AND CHARGES FOR SERVICE" to provide increases in the rates and charges for sewer service; and providing that except as herein amended all other provisions of Chapter 27 , Article III of the Code of Ordinances shall remain in full force and effect ; and providing that the effective date of this ordinance shall be as of the October 1 , 1990, billing date . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. t e >7 REGULAR MEETING 7 AUGUST 28, 1990 " ' '• hr j3 t t U � r 1 n i 1 I A moti.on was made by Commissioner Cook, seconded by Commissioner Bertino to adopt this ordinance on second € ! reading. The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice-Mayor Mikes-yes f j Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i j 4 . 5 City Attorney Adler read the title of the ordinance amending Section 13-69 (a) and (c) of Article ( IV, Chapter 13 of the 1980 Code of Ordinances of the City of Dania to provide for an increase in charges for pick up of garbage and trash at residential and commercial sites; and providing that this ordinance shall take effect as of the October 1 , 1990, billing date. ) Mayor McElyea opened the public bearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. 5 4 A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second and final. reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes j i Commissioner Cook-yes Mayor McElyea-yes j Commissioner Grace-yes 4 .6 City Attorney Adler read the title of the ordinance for second reading amending Section 27-17 , Article II , Chapter 27 of the Code of Ordinances of the f City of Dania, Florida , to be entitled "CONNECTION TO y WATER SYSTEM REQUIRED WHEN SYSTEM IS AVAILABLE' . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . City Attorney Adler mentioned that this ordinance provides for a distance of 750 ' for connection into the water system and also provides that no other sources of i water can be utilized other than for irrigation or watering of trees. v A motion was made by Commissioner cook, seconded by {{{ i Vice Mayor Mikes to adopt this ordinance on second and j final reading. 3 The motion passed on the following roll call vote: Commissioner Bertino--yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McFlyea-yes Commissioner Grace-yes 4 .7 City Attorney Adler read the title of the ordinance for second reading setting the date of the referendum vote pursuant to Florida Statute 171 .0413 , for the annexation of certain properties described in Exhibit 113" of Chapter 90-483 Laws of Florida; providing for a referendum vote; providing for REGULAR MEETING 8 AUGUST 28, 1990 40 it - �-... ,tv: d +1 1 E publication of notice of the referendum; providing for the effective date of annexation; and providing for an s effective date. City Attorney Adler mentioned that this ordinance sets i the election date for November 4 and the effective date of the annexation , if approved, to be January 1 , 1991 . Mayor McElyea opened the public hearing. Bill Hyde j stepped forward express approval of this ordinance . j j Hearing no further comments , the Mayor closed the ! public hearing. } i A motion was made by Commissioner Cook, seconded by 1 Commissioner Grace to adopt this ordinance on second and final reading and to include January 1 , 1991 as the i effective date of the annexation to be included into the ordinance . The motion passed on the following roll call vote: { Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace--yes City Manager Flatley requested to schedule an open house and barbecue at city hall in the Atrium area on r October 27 with the Commission , citizens of. Dania and the people from the Ravenswood Road area to answer questions relating to the election on November 4 . i The Commission agreed. AT THIS TIME, ITEM 7. 5 WAS HEARD 5. SITE PLANS - NONE 3 � p 1 6. EXPENDITURE REQUESTS s•-off. � 6 .1 Commissioner Cook requested to purchase a video camera for code enforcement . `! A motion was made by Commissioner Cook, seconded by Commissioner Bertino to grant the request to purchase a video camera for the Code Enforcement. Department . d The motion passed on the following roll call vote: 1 Commissioner Bertino-yes Vice-Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes ; i t At this time, City Manager Flatley explained a new speaker system that is being utilized by the Commission j tonight in an effort to see if the Commission would like to purchase it . 7. DISCUSSION 9 7 . 1 City Attorney Adler advised the Commission of a request by Donald Streeter regarding the Pier Lease. Mr. Adler informed the Commission that Mr. Streeter has sent a letter requesting to terminate the Fishing Pier Lease effective September 4 , 1990. I A motion was made by Commissioner Bertino, seconded by i Commissioner Cook to set September 4 as the termination r date of the Fishing Pier Lease with Donald Streeter. .' 4 M;' REGULAR MEETING 9 AUGUST 28, 1990 + ,r I 1 The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes 2 I Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 7 . 2 City Attorney Adler advised the Commission of a 3 settlement offer on MEBA trash dumpster. Will Allen, Growth Management Director , stated that there has been a lawsuit filed by MEBA to permit the dumpster to remain on the lot at 210 and 214 SW 9th i Street . Mr. Allen mentioned that the settlement offer by MEBA is to allow the dumpster to remain at 210 and 7 214 SW 9 Street but will be used only for refuse generated by those two parcels . The solid waste for the remainder of. the MEBA properties will be collected in the parking area of the Tyler Cafe . Mr. Allen stated that another condition to the settlement is to grant a credit of $11 , 554. 35 to MEBA against future permit and occupational license fees . Mr . Allen mentioned that City Attorney, City Manager and himself all recommend approval of this settlement. I Robert Sugarman, Attorney for MEBA, reminded the Commission that the background problem with the two dumpsters was not their location but the fact that they were being used to hold waste that was generated off the site of the two dumpsters . Mr. Sugarman explained that waste will be brought from one parcel to another but it will be brought from a commercial parcel to a commercial parcel ; Thunderbird Motel. over to the Tyler Cafe, or from a residential parcel to a commercial y parcel; from homes on second avenue to the Tyler Cafe. Mr. Sugarman explained that he met with city staff on July 30 and that the settlement was agreeable to all. parties. { A motion was made by Commissioner Bertino, seconded by •4d j Commissioner Cook to agree to the settlement on the dumpster issue as submitted by MEBA and grant the credit of $11 , 554 . 35 against future permit and occupational license fees . ' The motion passed on the following roll call vote: Commissioner Berti.no-yes Vice-Mayor Mikes-yes i Commissioner Cook-yes Mayor McElyea-yes { Commissioner Grace-yes 1 ' 7. 3 City Attorney Adler informed the Commission of a request by Press Express , Inc. for extension of time to display banner at 1200 Stirling Road. 1 Mr. Chuck Green , Press Express , Tnc. , requested an extension l { of time to display 4 banners , 22 feet long and 6 feet high , that are displayed on the front: of his slanted roof . Mr . Green mentioned that these banners have been displayed in a very attractive manner and as a means to help promote business. A motion was made by Commissioner Cook , seconded by Commissioner Grace to grant the request by Press Express , Inc. for an extension of 60 days to display 4 banners , 22 feet long and 6 feet high , at 1200 Stirling Road. f„ REGULAR MEETING 10 AUGUST 28, 1990 li I The motion passed on the following roll call vote : k Commissioner Bertino-yes Vice-Mayor. Mikes-yes ' Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes I 7 .4 City Attorney Adler informed the Commission of a request for encroachment of pool into utility easement at 270 SE 7 Street. City Manager Flatley mentioned that notices were sent out to all residences within 300 feet of this property per a I request by Vice Mayor Mikes . 1 i i City Attorney Adler stated that it is not a legal requirement to notify residents within 300 feet of the residence. Vice Mayor Mikes requested to workshop the policy of requiring notices to be sent out: within 300 feet on encroachment requests. i i A motion was made by Commissioner Cook, seconded by Vice I Mayor Mikes to continue the request for encroachment of pool into utility easement at 270 SE 7 Street to the next regular meeting of September 11 , 1990. 4 The motion passed on the following roll call. vote: Commissioner Bertino-yes Vice--Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes ITEM 7 . 5 WAS HEARD AFTER 4.7 e 7 . 5 Mayor McElyea requested the Commission to address the issue of setting a public hearing date for the airport south runway expansion project . Will Allen, Growth Manager Director , mentioned that the South Florida Regional Planning Council has notified the City of Dania that the substantial deviation to the airport is sufficient for review. Mr. Allen stated that the City is required to conduct public hearings on the substantial deviation to consider the reports and recommendation of the Regional Planning Council and consider approval of the development order for the project . I Mr. Allen explained that the runways at the airport are being extended more than 10% which is the maximum j required by the DRI statutes Chapter 380 . Mr. Allen informed the Commission that the hearing must be advertised at least 60 days in advance and that: two hearings are required. Mr. Allen suggested having the first hearing on November 1 and the second hearing on December 18 . 3 City Manager Flatley recommended November 1 as the first public hearing date . A motion was made by Vice Mayor Mikes , seconded by Commissioner Bertino to set the first public hearing for November 1 and the second public hearing for December 18 for review of the substantial deviation. REGULAR MEETING 11 AUGUST 28, 1990 i i f 'F The motion passed on the following roll call vote: t a Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes r Commissioner Grace-yes Vice Mayor Mikes mentioned that Ft. Lauderdale has y 1 submitted a position paper on the substantial deviation (! at the recent Regional Planning Council meeting. Vice i I Mayor Mikes suggested that Mr. . Flatley and he meet with the City Manager of Ft . Lauderdale to attempt to reach E i a consensus before the next: Planning Council Meeting. i AT THIS TIME, ITEM 6.1 WAS HEARD I 7 .6 Commissioner Grace suggested to amend the proposed fence ordinance by deleting the hedge and 1 foot J setback requirements and to place this ordinance back it on the next regular meeting for first reading . f i City Attorney Adler advised the Commission that due to i 1 this ordinance being denied at the last regular i f meeting, the city must readvertise . j Vice Mayor Mikes commented that he thought the Commission agreed to return to the variance procedure for fence requests as the ordinance would not be able to address all of the different type of property figurations there are in the City. A motion was made by Commissioner Grace, seconded by Commissioner Bertino to place the proposed fence ordinance back on the agenda for the next regular { meeting of September 11 , 1990 , and to conduct a workshop on this ordinance prior to that meeting . NOTE: FURTHER INTO THE MEETING IT WAS DETERMINED TO PLACE THE 1 PROPOSED FENCE ORDINANCE BACK ON THE AGENDA FOR FIRST READING ON SEPTEMBER 25, 1990 AND TO DISCUSS FURTHER REVISIONS AT THE WORKSHOP MEETING SCHEDULED SEPTEMBER 18 . i Will Allen stated that he will need to advertise this ordinance again for two public hearings . i The motion passed on the following roll call vote : }k Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes f Commissioner Grace-yes f i 7 .7 City Manager Flatley presented a list of proposed t Capital Items to be funded from prior year ' s surplus I{ only as funds are determined to be available by the City Manager and Finance Department, after the completion of. the 1989/90 audit . City Manager Flatley suggested to include discussion Of this proposed list at the next workshop meeting scheduled by the Commission . i 7 . 8 Will Allen, Growth Management Director, advised the Commission of a D.R.I . that is being considered for the Dania Cut-off Canal and east property just north of of the Dania city limits adjacent to southport at Port Everglades . Mr. Allen mentioned that this property is �et Y AUGUST 28, 1990 REGULAR MEETING 12 I t in the City of Hollywood on 68 acres and that they are proposing a 300 slip marina, 300 slip dry storage, 375 room hotel , 100,000 square feet of retail and 400, 000 i. square feet of office space . Mr . Allen staged that Dania would be affected by extending Griffin Road to U.S . 1. Vice Mayor Mikes mentioned that he was• at a presentation of this project a few weeks ago and has been advised by several officials that the reality of Jf' this project coming to fruition is not very hopeful . Vice Mayor Mikes also mentioned that there is going to be a legal challenge to the :incinerator denial at Port Everglades . Vice Mayor Mikes commented on the need to carefully review the development that goes into Port Everglades . 7 .9 Will Allen, Growth Management Director, advised the Commission that he has received a letter from the Department of Environmental. Regulation notifying the City of Dania of proposed dredge and fill activity at Banyan Bay Marina located 4491 Ravenswood Road . Mr. Allen mentioned that the property is located on the j west side of Ravenswood Road and south of the cut-off ' canal . Mr . Allen stated that the proposed activities are to expand the number of slips in the Marina and to replace the two existing tee shape piers with a number of finger piers . Mr. Allen stated that the proposed dredging will occur in the four corners of the boat basin and that the dredge and fill permit seems to be I in order. I Vice Mayor Mikes requested Mr. Allen to copy the Commission on any correspondence in reference to this I type of issue prior to a Commission Meeting in case 3 they would want to prepare to take action against a { proposed project. I 7 . 10 City Manager Flatley suggested to establish a procedure to charge for regular City Commission Minutes that are sent out due to the increased mailing list and Y costs for copying and mailing that the City has incurred. Mr. Flatley mentioned that governmental agencies would be excluded. I i A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to approve a $40 . 00 a year charge to individuals and organizations , excluding governmental C agencies, to receive minutes of each regular City Commission meeting; $. 25 per page plus $ . 40 postage upon request to mail copies; and furnish minutes upon request at City Hall for $ . 25 per page. The motion passed on the following roll call. vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes AT THIS TIME, ITEM 8. 1 WAS HEARD REGULAR MEETING 13 AUGUST 28, 1990 4 I 1 i 1 ITEM 7.11 WAS DISCUSSED AFTER PRESENTATIONS t i 7 . 11 Commissioner Bertino reported that there is a drainage problem at the Meadowbrook Lakes Condominium near Olsen Middle School as drainfields appear to be r running into the lakes in Meadowbrook Lakes from the streets . Commissioner Bertino stated that the City i took over maintenance of these lakes sometime ago in an effort to treat the algae growth which was promulgated by the dumping of the drainage water into the lakes . ( Commissioner Bertino mentioned that the City has had a I j problem finding the easements for these drainage pipes going into the lakes which has been a further problem. Commissioner Bertino requested John Calvin, City Engineer , to report on the drainage study of the SE section. s John Calvin stated that his office is about two weeks away from completing the drainage study of the SE ? section of the City. Mr. Calvin mentioned the need to provide existing retention for storm water by means of i j lakes and that the only two lake systems that exist in the SE section of the City are the Meadowbrook Lakes South and North. Mr. Calvin stated that he has reviewed plans prepared in 1976 by Broome & Farina, prior City Engineers , in an effort to determine the locations of the drainage pipes. He explained that there are 6 outfalls running in a north to south direction that go into the lakes . Mr. Calvin said that they have looked into the possibility of cutting off city street drainage that goes into the Meadowbrook Lakes system located at SE 9th Avenue at SE 7.0th Street and SF 11th Terrace and SE j 3rd Avenue at SE 10th Street and SE 11th Terrace. He continued to say that the Meadowbrook Lakes system and parking lot system are tied into the street system. If i the street system was cut-off from the parking lot system, the parking lot would continue to drain into the lakes but it would be a closed system and it would have no means of outfall . If there was a very heavy storm event, the lakes could rise very high and Mr. Calvin could not say whether the lakes would be sufficient to hold a 100 year storm. Fie also mentioned that this system pre-dated the South Florida Water Management permitting which required state storage calculations . Mr. Calvin expressed his concern that if the lakes become too full due to a hurricane or heavy storm, the lakes could overflow into the street drainage system 1 and go out the 5th Avenue area and into the Westlake area. Mr. Calvin informed the Commission of a requirement that could be a possible solution to install pollution retardant basins to the outfalls which settles out any solids in the water and also floating material oils and such. Mr. Calvin discouraged isolation of the two l systems at this time as one helps the other. Commissioner Bertino clarified that the City could give Meadowbrook the option of disconnecting their lines from the city street drainage, but that would stop the siphon going back out to the drainage system. REGULAR MEETING 14 AUGUST 28, 1990 rx 1 Commissioner Cook clarified with Mr. Calvin that it is possible for the City to cap all 6 outfalls and have Meadowbrook Lakes take care of the lake problems and that the City drainage would then go into Westlake. f Mr. Calvin reconfirmed that flooding could occur if there was a heavy rain and possibly hurt the Meadowbrook Lakes as they would have no way out . i John Calvin responded to Commissioner Grace ' s request for an alternative solution by saying that the city � I system could be isolated and still utilize the lines under 5th Avenue but again isolating the city system { would require some pipes to run along SE loth Street and SE 11 Terrace which is about 500 feet on each end. Mr. Calvin reconfirmed that an easier and more i-nexpensive solution would be to install the pollutant retardant basins at each outfall and reminded the Commission that this is a requirement of the South Florida Water Management District . Mr. Calvin ' s recommendation was to retain the lakes if the pollution y problem could be avoided as it does provide retention. 1 , Mr. Vito Mancino stated that he felt the drainage problem began when the Esposito project on SE llth ' Terrace was completed . Mr. Manc:ino mentioned that there are 3 lines coming into Lake 3 and that this is too much drainage for the lake to hold. Alice Parelli , Vice President of the Board of Directors of Phase II in Meadowbrook Lakes , expressed her dissatisfaction with the City of Dania for connecting their drainage into the Meadowbrook Lakes and claimed that this has caused the pollution problem they now have. Ms . Parelli questioned the City as to negating their maintenance contract on the lakes with Aquatic without the association ' s approval . QF' Commissioner Bertino requested input from city staff on how the City was able to put outfall lines into the Meadowbrook Lakes without an easement . City Manager Flatley stated that he i.s not able to answer how the drainage lines were connected into the condominium lake as it was prior to his being here in 1976 or 1978. City Attorney Adler stated that: he has easements for the other phases of Meadowbrook Lakes but that he has been unable to obtain the easements for Phase II from Attorney Rubin Schneider, Anton & Abrams . Commissioner Cook explained that follow up on behalf. of S Meadowbrook was completed by reading a letter dated July 31 that was written by Mr. Flatley explaining that the oil film on Lake 5 was coming from a recently sealed parking lot that drains into the lake . Commissioner Cook also read a follow up letter from Mr. Flatley dated August 23 explaining that after Berry & Calvin complete the drainage study of. the Southeast section, a determination can be made if the drainage lines can be closed off from the Meadowbrook Lakes and connected into Westlake. i l REGULAR MEETING 15 AUGUST 28, 1990 i i f7 f Robert Dimauro, Attorney for the Condominium Association, expressed his appreciation to Mayor McElyea, Commissioners Bertino and Cook for their efforts in trying to resolve this issue . Mr. Dimauro mentioned that he has been waiting to obtain the easements to prove that the City has the legal right to be draining into the Meadowbrook Lakes but has yet to receive any documentation. He explained that he will be bringing in his own professional engineer to review j the situation to determine if it would be detrimental to remove the city drainage from the lakes. Commissioner Bertino suggested that Mr. Dimauro meet: f j with the City Manager and City Attorney prior to j expending money to hire an engineer in an effort to resolve this situation. Vice Mayor Mikes suggested that this item be discussed j i at a workshop meeting after the drainage study is completed. Commissioner Cook also encouraged Mr . Dimauro to meet t i with City Manager Flatley and City Attorney Adler in an effort to resolve this issue. Commissioner Grace concurred with Vice Mayor Mikes to schedule further discussion of this item for a workshop meeting. j Commissioner Bertino also agreed to make arrangements �T for all. parties to meet with the Commission in a workshop setting. City Attorney Adler clarified that the City of Dania has been maintaining the Meadowbrook Lakes due to being urged by a delegation from Meadowbrook Lakes to ? maintain those lakes and that is the reason why the city took over the contract with Aquatic. City Attorney Adler mentioned that he would research the Aquatic Agreement to determine when the city was given permission to maintain the lakes at Meadowbrook. Peggy Breeschoten, on behalf of Phase III at Meadowbrook Lakes, clarified that the Lake for Phase III has two drains not: three and mentioned that she thought it was her association that requested the City it to maintain the lakes . Ms . Breeschoten stated that she does not want any drainage disconnected until a full investigation of this issue has been conducted and not until all three phases of the condominiums are involved. John Calvin suggested that instead of btook hiring another Engineer, he would be willinglling to determine the flooding factor of each phase by inputting the proper calculations into his computer to determine the state storage calculations required by the South Florida Water Management . Mayor McElyea directed the City Manager, City Attorney, and City Engineers to meet with Mr . Dimauro and to set up a workshop meeting to discuss this :natter further. I r AT THIS TIME, THE COMMISSION RETURNED TO THE CONSENT AGENDA REGULAR MEETING 16 .AUGUST 28, 1990 w �W t' i F71 i 8. APPOINTMENTS 8 .1 Appointment of voting and alternate voting delegate for Annual Congress of Cities convention . f A motion was made by Commissioner Cook, seconded by F Commissioner Grace to appoint Commissioner Bertino as voting delegate and Commissioner Cook as alternate voting delegate for the Florida State League of Cities. I The motion passed on the following roll call vote : I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i A motion was made by Commissioner Bertino, seconded by Commissioner Grace to appoint Commissioner Cook as voting delegate and Commissioner Bertino as alternate voting delegate for the National League of Cities . 1 i i The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Y� 9. CITIZENS ' COMMENTS - NONE 10. ADMINISTRATIVE REPORTS j 10 . 1 City Manager i 10 . 1 . 1 City Manager Flatley reconfirmed that there will ...� S be an Open House/Town Meeting/Barbecue on October 27 to be held at. City Hall for residents of Dania and residents west of Ravenswood . City Manager Flatley informed the Commission that the i request to connect the Dania Beach Bike Path with the West Lake Bike Path system by a bicycle foot bridge was approved by the County Commission. Mr. Flatley was advised that the cost should be around $70 , 000 to 1 i $80,000 and anticipates to work with Hollywood on the funding of this project . Mr. Flatley mentioned that he hopes to have the concept plans for this bike path i shortly for the Commission to review. City Manager Flatley reported that the Census Bureau is busy counting units in Dania to ensure accuracy for the census . t The Commission agreed to schedule a workshop meeting 3 for September 18 to discuss the fence ordinance and Meadowbrook Lakes drainage item. The Commission also agreed to schedule first reading of the fence ordinance for September 25. 1 10 .2 City Attorney City Attorney advised the Commission that he has distributed copies of the judge ' s order relating to the lawsuit concerning ordinance 46-88 being unlawful due to allowing fireworks as a special exception use in a C-2 zone. REGULAR MEETING 17 AUGUST 28, 1990 Y .i 11. COMMISSION COMMENTS ' 11 . 1 Commissioner Bertino • Commissioner Bertino requested street signs be replaced I at 7th Street and 4th Avenue and 6th Street and 4th Avenue on the east side. Commissioner Bertino reminded the Commission and E e I audience that school is in session and encouraged safe driving. I 11 . 2 Commissioner Cook Commissioner Cook read a letter from the Broward County j Planning Council advising that old Dillard High School y has been listed in the National Register of Historical i j Places as having statewide significance. j 11 . 3 Commissioner Grace - no comments r 11 .4 Vice Mayor Mikes ' i E Vice Mayor Mikes expressed the damage done to trees in the Swale areas in the Southeast section due to i careless pruning. i Vice Mayor Mikes commented on the progress being made on the boat ramps in the Melaleuca Gardens area . 4 11 . 5 Mayor McElyea Mayor McElyea mentioned the problem with standing water at Bryan Road between First Street and Old Griffin road. City Manager Flatley mentioned that he expects this problem to be eliminated once drainage pipes are installed in that area by DOT. This regular commission meeting was then adjourned. f I( J�YOR-CO M R CITY CLERK-AUDITOR 1 i i i ; i i i l i�t , REGULAR MEETING 18 AUGUST 28, 1990 f r r YI j AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 28, 1990 8 :00 P.M. i i ? INVOCATION ROLL CALL i I PRESENTATIONS * Distinguished Service Award to Michael Bertino, Boy Scout Troop #522 , for assisting disabled Dania citizen F i * DCOTA Fabric Fair 190 (September 14 & 15 ) j r * Tommy Jewell, American Legion Post 304 President, on the "Yellow Ribbon" program * B.S.O. Deputy of the Month Award � I 1. CONSENT AGENDA Minutes 1. 1 August 14 , regular meeting Bills -k 1 . 2 Approval of bills paid for July, 1990 Resolutions ,.- I 1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REVISING FEES TO BE CHARGED FOR USE OF THE CITY 'S COMMUNITY CENTER KNOWN AS THE "I . T. PARKER COMMUNITY CENTER" ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Commissioner Bertino) 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE a GENERAL RELEASE BETWEEN THE CITY OF DANIA AND CITY OF HOLLYWOOD RELATING TO CASE NO. 86-16610—CS, IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA, AND CAPTIONED "CITY OF HOLLYWOOD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, PLAINTIFF VS . THE CITIES OF MIRAMAR, DANIA, PEMBROKE PARK AND HALLANDALE, ALL MUNICIPAL CORPORATIONS EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, AND BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, DEFENDANTS" ; AND PROVIDING FOR AN EFFECTIVE DATE. " i I 1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LARGE ' USER WASTEWATER AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MEMBERS TO THE DANIA CIVIL SERVICE BOARD TO SERVE UNTIL THEIR SUCCESSORS ARE DULY APPOINTED; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.. " i 1 i r I jer I CONSENT AGENDA ( continued) y 1. 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING ITS CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT N0. 3 ON THE NOVEMBER, { i 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES ; AND PROVIDING FOR AN EFFECTIVE DATE. " (Commissioner Cook) r i Ordinances ( First Reading ) 1. 8 "AN ORDINANCE OF THE CI'PY OF DANIA, FLORIDA, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY j ADDING ARTICLE VIII THERETO ENTITLED "PRIVATE ALARM SYSTEMS" ; I PROVIDING FOR DEACTIVATION OF AUDIBLE ALARMS ; PROVIDING FOR PERMITS; PROVIDING FOR PENALTIES; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF i RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . " (Commissioner Bertino) I i 1.9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 4, i CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "DISTRICT REGULATIONS" , TO REQUIRE ELEVATIONS OF ALL BUILDINGS ON SITE PLANS ; PROVIDING FOR CODIFICATION; < PROVIDING THAT ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN '� EFFECTIVE DATE. " (Vice-Mayor Mikes) 2 . PROCLAMATIONS - none I i I i 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning - ( Second and final reading of ordinances ) 4. 1 Petitioner/Owner - Fred Gunther; property located at 344 NE 2 Court i Public Hearing - VA-45-90 - A variance is requested to allow the construction of a carport with a 2 ' side yard setback ( 10 ' setback required) . 4. 2 Petitioner/Owner - Ronald Renaud; vacant property located at 625 NE 2 Place Public Hearing - VA-46-90 - A variance is requested to allow the construction of a home with a 69 . 61 ' frontage (75 ' minimum is required . i I E r 2 I PUBLIC HEARINGS (continued) Administrative (Second and final reading) 4.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-38 OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR SERVICE" TO PROVIDE INCREASES IN THE RATES AND CHARGES FOR WATER SERVICE; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27 , ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE AS OF THE OCTOBER 1, 1990 , BILLING DATE. " 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-108 OF ARTICLE III OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR SERVICE" TO PROVIDE INCREASES IN THE RATES AND CHARGES FOR SEWER SERVICE; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27, ARTICLE III OF THE CODE OF ORDINANCES SHALL REMAIN IN FULL FORCE AND EFFECT, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THE EFFECTIVE DATE OF 'PHIS ORDINANCE SHALL BE AS OF THE OCTOBER 1, 1990 , BILLING DATE. " i 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69 (A) AND (C) OF ARTICLE IV, CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR AN INCREASE IN CHARGES FOR PICK UP OF GARBAGE AND TRASH AT RESIDENTIAL AND COMMERCIAL SITES ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE " EFFECT AS OF THE OCTOBER 1 , 1990, BILLING DATE. " 4.6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-17, ARTICLE II, CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO BE ENTITLED "CONNECTION TO WATER SYSTEM REQUIRED WHEN SYSTEM IS AVAILABLE" , AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I 4. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,, SETTING THE DATE OF THE REFERENDUM VOTE PURSUANT TO FLORIDA STATUTE 171 . 0413 , FOR THE ANNEXATION OF CERTAIN PROPERTIES DESCRIBED IN EXHIBIT "3" OF CHAPTER 90-483 LAWS OF FLORIDA; PROVIDING FOR A REFERENDUM VOTE; PROVIDING FOR PUBLICATION OF NOTICE OF THE REFERENDUM; PROVIDING FOR THE EFFECTIVE DATE OF ANNEXATION; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 3 I , 5. SITE PLANS — none 6 . EXPENDITURE REQUESTS 6 . 1 Request to purchase video camera for code enforcement. I (Commissioner Cook) 7 . DISCUSSION 7. 1 Request by Donald Streeter regarding Pier Lease. # 7. 2 Settlement offer on MEBA trash dumpster. i 7. 3 Request by Press Express, Inc . for extension of time to display banner at 1200 Stirling Road . 7 . 4 Encroachment of pool into utility easement at 270 SE 7 Street 7 . 5 Set public hearing date for airport south runway expansion project. 7 . 6 Review and comment on a proposed residential fence ordinanc e . (Commissioner Grace) 7 . 7 Capital items program. .1A 7. 8 Hollywood Harbour D. R. I . information. 7 . 9 Banyan Bay Marina dredging project. 7. 10 Proposed charges for Commission minutes mailed . 7. 11 Meadowbrook Lakes and drainage . (Commissioner Bertino) I 8. APPOINTMENTS 8 . 1 Appointment of voting and alternate voting delegate for Annual Congress of Cities convention. 9 . CITIZENS ' COMMENTS — Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 :00 p.m. the second ( 2nd) and fourth ( 4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern t remains unresolved, the citizen( s) or party will be asked to address the City Commission during the meeting. E 10. ADMINISTRATIVE REPORTS 10. 1 City Manager 10 . 1 . 1 Open House/Town Meeting/Barbecue on October 27 to be held at City Hall for residents of Dania & residents west of Ravenswood. 10. 2 City Attorney i I 4 I i �Y 11 . .COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11. 2 Commissioner Cook 11 . 3 Commissioner Grace 11.4 Vice Mayor Mikes 11 . 5 Mayor Mc Elyea i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI— MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I I i l t � I ! i I i { i :e..aJF I i I 5 ,; ,"l % j�l�t�� � kz(` Z& .j ��E- j /U/ oar cv`f 17� za�d tic LLr 1L 61k �6�'Gk�r � 777 4 Iry /3 r o )r 7 , G 2 � [. ' � L)�/U'r r '� 3 �3 L 2i?cl C �• Dcu„ a 90 I 355 94')— a� I F'Yl`,/J>4 3 c 7 7 y f i