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HomeMy WebLinkAbout1990-08-28 Regular City Commission Meeting MinutesUINI IES DANIA CITY CO}'}tISSION REGUI.,AR MEETING AUGUST 28, 1990 ROLL CALL: Present: TNVOCAT ION PLEDGE OF BY WANDA MUI-,[,IKIN AI.,I.,EGI ANCE Mayor:vice Mayor : Commissioners: City Attorney:City Manager: City clerk: Charles McElYea Bob Mikes Jean Cook Bobbie Grace alohn Bertino Frank Adler Robert Flatley Wanda Mullikin PRESENTATION S *Distinguished Service Award to Michael Bertino, Boy Scout Troop *522, for assisting disabled Dania citizen. Roxanne Knight read a newspaper articfe and city Attorney Adler read the Distinguished Service Award from the Mayor commending Michael Bertino for exemplifying his scout pledqe to help other people at at1 times by undertaking a project to recondition the trone 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 Citlzen of Dania. Michael Bertino stepped forward to thank the Commi-ssion for receiving this award and expressed appreciation to the Dania Rotary Ciub. Sheridan street L.,umber, .Ief f Hi11, Paul Goldstein, Kenny McDougle, Reggie ,fohnson, McDonalds, Grampa's Bakery, John Bartley, Murray Goodman, llanda MulIikin, Kurt EIy. Mayor l*tcElyea, City Dania Staff, Parents and helpers from Troops 522 and 100, and his parents for their efforts and encouragement in completing this project. *DCOTA Fabric Fair '90 (Septenber 14 & 15) Joan Kerns, General Manager of DCOTA, informed the Commission of a large hand-dyed textite exhibit that will take place at the DCoTA on september 14 and 15 and mentioned the unveifinq of this 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 cuiness Book of world Records and expressed the significant effects that this event will have on Dania. *Tommy,.Iewel1, Anerican Ribbon" program. L.,egion Post 304 President, on the "Ye11ow Post Commander of the American lJegion 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. 1REGULAR MEETING AUGUST 28. 1990 Commissioner Cook pu11ed item iten 1.8 and Vice Mayor Mikes 1.7, Cornmissioner Bertino Pu]1ed pu11ed item 1.5. the use of the Parker Tommy ,leweLf , American Legion Post 304 President, expfained the need to support the troops that have been sent to the middle east and encouraged participation in the "Ye1low Ribbon" program' Mr' ,lewe1l requested Dania and Broward County citizens to hefp. in a drive to obt.in the names of any south BroHard and Dania citizens who are serving in an effort to work out a care package system within 45 days. Commlssioner Grace commended Post 304 for their efforts in boosting the moraf of American troops invofved in the middle east crisis. Commlssioner Grace expressed the impact this situation has had on Dania residents and mentioned that her daughter's unit, who is stationed in Germany, has also received notification that they will be going to Saudi Arabia. *B.S.O. DeputY of the Month Award Captain Carney, Bso Commander, informed the Commlssion that leputy Steven Cobb has been chosen as the deputy of the month' captain Carney explained that Deputy Cobb made 1-8 felony arrests foi the month of Ju1y and that 12 of those arrests were for narcotics viol-ations. Captain Carney stated that with these arrests the BSo confiscated two vehicfes and $600 in cash. Captain Carney continued to mentioned that Deputy Cobb also made 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 Cora] Sprinqs Parks and Recreation Department for possession of LSD. Captain Carney commended Deputy Steven Cobb for his outstanding p"iforma.rce and presented him with the Deputy of the Month Award' At this time, Mayor McEIyea acknowledged John Bertino, Sr' who is the father of Commissioner John Bertino and grandfather to Michael Bertino from Boy Scout Troop *522. AT THIS TI}IE, ITEITI 7 .11 WAS HEARD PIII]ITED FROIIT CONSENT AGENDA 1 CONSENT AGENDA Minut es 1.1 August 14, regular meeting B 111s1".2 Approval of bills paid for Ju1y, 1990 Resolutions 1,.3 city Attorney Adler read the title of resolution revising fees to be charged for Clty's Community Center known as the "I.T' Community Center". 7.4 City Attorney Adler read the title of the resofution approving the General Release between City of Dania and City of Hollywood relating to Case No. 86- 16610-CS. in the Cj.rcuit Court in and for Broward County, Florida, and captioned "City of Hollywood, a municipal corporation of the State of Florida, 2REGUI.,AR MEETING AUGUST 28. 1990 1.6 City Attorney Adfer read the title of the resolution appointing Donafd Hansen, Bruce Caruso and Tim McCloud as members to the Dania Civif service Board to serve until their successors are duly appointed. 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 Fforida, Defendants". Ordi n ance s 1.9 City Attorney Ad1er 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 atl buildings on slte plans; providing for codi f ication. A motion was made by Commissioner Cook. seconded by Commissioner Bertino to approve the consent agenda with the exception of item 1,.5, 1.7 and 1.8. The motion passed on the fo11or'uing ro11 cafl vote: Commissioner Bertino-yes commissioner cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes PUL,I.,ED FROH CONSENT AGENDA 1.5 City Attorney Adler read the title of the resolution approvinq the L.,arge User Wastewater Agreement between the City of Hollyr.rood and the City of 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 ]-,ane, of Rachlin & Cohen, to address this question. Llsa Lane came foruard 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 Holfywood Wastewater Treatment Pfant. Ms. Lane mentioned that at the point Holfywood goes out for bond financing to expand the system, the debt servicing on the expans j-on uil1 be charged to Dania on the difference beti{een 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 Hoffywood is in the design phase of their expansion and explained the risk of havinq to purchase additional gaffonage retroactively as if you had had it from day one. City Manager Flatley and City Attorney AdIer recommended approval of this agreement. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt the resolution approvingthe lJarge User Wastewater Agreenent between the City of Hollywood and the City of Dania. REGUIJAR MEETING AUGUST 28, 19903 Commissioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-Yes 7.7 City Attorney Adler read resofution urqing its citizens Constitutional Amendment No. 3 Ba11ot limiting unfunded State counties. Commissioner Bertino-yes Commissioner Cook-yes Commissioner crace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-Yes Mayor McElyea-yes the title of the to support the on the November, 1990 Mandates on Cities and Vice-Mayor Mikes-no Mayor McElyea-yes Vice-Mayor Mikes-yes Mayor McEfyea-yes The motion passed on the following ro11 caLl vote: 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- Cj-ty 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 resol-ution. The motion passed on the following rol-f call vote: 1.8 City Attorney Adler read the title of the ordinance for first readlng amending Chapter 8 of the Code of Ordinances by adding Article VIII thereto entitled "Private Alarm Systems" i providing for deactivation of audible alarms; providing for permits; providing for penalties. commissioner Bertino mentioned that this ordi-nance 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. Comrnissioner 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 relatinq to "Private Alarm Systems". The motion passed on the fo)-lowing roll calf vote: AT THIS TIME, ITEM 4 2. PROCLAI{ATIONS _ 3. BIDS _ NONE 3 WAS HEARD 4REGULAR },IEETTNG NONE AUGUST 28, 1990 4 PUBI,IC HEARINGS AND OTIIER REIJATED }IATTERS Building & Zoning (Second and Final reading of ordinances 4.1 City Attorney Adler advised the Comnission of a variance request by Fred Gunther for property located 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 carport that was damaged due to a tornado sometime April and stated that the original carport was constructed since 1977 and that no neighbors have okrjection to the construction of the new carport. Gunther stated that he lras not aware that he had to obtain a variance to reconstruct the new carport in same location and mentioned that Code Enforcement advised him of the procedure. a 1n Mr. the will A11en, GroHth Management Director, described the location of the property and explained that the side yard setback requirements are from the RS-8000 zoning district. Mr. Al1en continued to say that the awning type carport that was destroyed was never approved for construction by the Planning and Zoning Board back in 19?9 and stated that the Planning & Zoninql Board reconmended denial of this proposed carport. Mayor McElyea opened the publ j-c hearing. Biff 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 ]-.,avoe explained that she lives next to Mr. Gunther and expressed approval of this request. Hearinql no further comments, the Mayor closed the public heari-nq. Commissioner Cook confirmed that there has been a petition signed by neighbors who have no objection to the construction of this carport. Vice Mayor no further structures Mikes confirned with Mr. Gunther that he has intention of constructing any further on his property. 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 ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes v j-ce-Mayor Mikes-yes Mayor McElyea-yes 4.2 City Attorney Adler inforned the Commission of a variance request by Ronald Renaud for vacant property located at 625 NE 2 Place to allow the construction of a home with a 69.61' frontage (75' minimum is required). 5RF:GULAR MEETTNG AUGUST 28, I99O Mrs. Renaud explained that she has a buyer for her residence who wants to build a home with a 69.61 ' frontage instead of the 75' minirnum requirement. }Il]1 Allen informed the Commission that the Planning & Zoning Board did recommend approval of this variance request as they telt the petitioner had satisfied the criLeria for authorizing a variance as described in Section 10.13 of the zoning code and that the subject property is consistent with 1ot sizes found within the neighborhood. 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 Bertino, seconded by Commissioner Cook to approve vA-46-90 as requested by Ronald Renaud for property focated at 625 NE 2 Place. The moti.on passed on the folfowing ro11 call vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes AT THIS TTME, 4.4 WAS IIEARD rTEM 4.3 WAS HEARD AFTER THE CONSENT AGENDA 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 l-980 Code of ordinances of the City of Dania entitled: "Rates and charges for Service" to provide increases in the rates and charges for waLer 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 shal1 remain in fulI force and effect; and providing that the effective date of this ordinance sha11 be as of the october 1. 1990, billing date. City Manager Flatley mentioned that there is a certain rate charge that rer{ards 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 BroHard 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 Rachlj-n & Cohen has a billing analysis which was determined by taking all of the clty's customers and running what their average consumptions are for a 12 month period. Ms. Lane mentioned that in Dania the average home owner is using 8.000 galfons a month. She stated that people who use above the 8,000 qtallons per month r+ouId bepenalized as a means to encourage conservation of water usage. Commissioner Bertino expressed his view that the rate increase should possibly be based on the number ofpeople in a household instead of on gal]ons used. Ms. [,ane explained that the inclining rate structure is set up with a 25* increase in gallonage after the first 1"7,000 to 27,000 gallons and over 27,000 gallons therej.s a 50t sur charge per bi-monthly billing period. 6REGUI,AR MEETING AUGUST 28, 1990 Commissioner Bertino-yes Commissioner Cook-yes Commissi-oner Grace-no Cornmissioner Bertino-no Commissioner Cook-yes Commissioner Grace-yes A motion was made by Commissioner Commissioner Grace to approve thereading as amended. Vice-Mayor Mikes-no Mayor McElyea-no vice-Mayor Mikes-yes Mayor McElyea-yes Commissioner Bertino expressed his opposition to adopting an incfining rate structure as he didn't feel it to be fair to al-1 household situati.ons. A motion was made by Commissioner Cook. seconded by Commj-ssioner Bertino to continue second reading of this ordinance until the next regular meeting of september 11, 1990. The motion failed on the following roll- call vote: Commissioner Bertino suggested afternatives of taking theyearly average per household and if a person came under that on a monthly breakdown they would be given a decreased rateor lf a person went over, they would be charged a hiqherrate. Commissioner Bertino also suggested that the Census could be utilized to determine how many people there are ina household in Dania and then suggested to use a multiplierof per capita in a household. Mayor McEIyea opened the public hearing. Hearing no one speak in favor or opposition. the Mayor closed the public hearing, A motion was made by Commissioner Cook, seconded by Commissioner Vice Mayor Mikes to amend the ordinancereflect the inclining rate structure and informationthe memo submitted by Marie Jabalee, Finance Manager. The motion passed on the following ro11 call vote: to f rom Cook, seconded by ordi-nance on second The motion passed on the follorvj.ng ro11 call vote: Commissioner Commissioner Commiss ioner Ber t i no-no Cook -ye s Gr ace - yes Vice-Mayor Mikes-yes Mayor McElyea-yes AT THIS TTI{E, TTEI-I 4.1 WAS HEARD 4.4 City Attorney Adler read the title of the ordinance for second reading amending Section 27-L08 ofArticle III of Chapter 27 of t}ae 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 thatexcept as herein amended all other provisions of Chapter 27, Article ffI of the Code of Ordinances shaII remain in full force and effecti and providing that theeffective date of this ordinance sha11 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 thepublic heari-ng. 7REGULAR MEETING AUGUST 28, 1990 A motion Has Commi s s ioner reading. Commissioner Commissioner Commissioner made by Bertino Commissioner Cook, seconded bY to adopt this ordinance on second The motion passed on the fotlowing ro11 call vote: Vice-Mayor Mikes-yes Mayor McElyea-Yes Bertino-yes cook- ye s Grace-ye s 4.5 City Attorney Adter read the title of the ordinance amendinq 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 sitesi and providing that this ordinance shall take effect as of the October 1, 1990, bifling date. Mayor McElyea opened the public hearing. Hearing one speak in favor or opposition, the Mayor closed public hearing. no the A motion was made by Commissioner Cook, seconded by Comnissioner Grace to adopt this ordinance on second and final reading. The motion passed on the foflowing ro11 call vote: 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 City of Dania, Florida. to be entitled "CONNECTION TO 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 publlc hearing. Commissioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes Commissioner Bert i no-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes City Attorney Adler mentioned that this ordinance provides for a distance of 750' for connection into water system and also provides that no other sources water can be utilized other than for irrigation or watering of trees. the of A motion was made by Commlssioner Cook, seconded by vice Mayor Mikes to adopt this ordinance on second and final reading. The motion passed on the following roll call vote: 4.7 City Attorney Ad1er read the title of the ordinance for second reading settinq 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 8REGI'I,AR MEETING AUGUST 28, 1990 publication of notice the effective date of effective date . of the referendum; providinqt annexation; and Providing for Vice-Mayor Mikes-yes Mayor McElyea-yes for an City Attorney Adler mentioned that this ordinance sets the election date for November 4 and the effective date of the annexation. if approved, to be ,f anuary 1, 1991. Mayor McElyea opened the public hearing. Biff Hyde stepped forHard express approval of this ordinance. Hearing no further comments. the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second and final reading and to include January 1, 1991 as the effective date of the annexation to be included into the ordinance. The motion passed on the following ro11 call vote: City Manager Flatley requested to schedufe an open house and barbecue at city halI in the Atrium area october 27 with the Commission, citizens of Dania the people from the Ravenswood Road area to answer questions relating to the election on November 4. Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes At thi s speaker toniqht Ii ke to vice-Mayor Mikes-yes Mayor McEIyea-yes on and The Conmission agreed. AT THIS TIME, ITEM 7.5 WAS HEARD 5.SITE PI,ANS _ NONE 6. EXPENDITURE REQUESTS 6.7 Commi.ssioner Cook requested to purchase a video c-amera 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. The motion passed on the following ro11 call vote: time, City Manager F1atley explained a new system that is being utilized by the Commission in an effort to see if the Commission would purchase it. 7. D]SCUSSTON 7.L City Attorney Adler advised the Commission of a request by Donald Streeter regarding the Pier Lease. Mr. Ad1er informed the Commission that Mr. Streeter has sent a letter requestinq to terminate the Fishing Pier Lease effective September 4, 1990. A motion was made by commissioner Bertino, seconded by Commissioner Cook to set September 4 as the termination date of the Fishing Pier I.,ease Hith Donald Streeter. 9REGULAR MEETING AUGUST 28. 1990 The motion passed on the following roL] call vote: Commissioner Commissioner commissioner Bertino-yes Cook - ye s Grace-yes 7.2 City Attorney Adler settlement offer on MEBA Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Vice-Mayor Mikes-yes Mayor McElyea-yes advised the Commission of a trash dumpster. vice-Mayor Mikes-yes Mayor McElyea-yes Will A11en, 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 sI{ 9th Street. Mr. Al1en mentioned that the settlement offer by MEBA is to alIow the dumpster to remain at 210 and 214 SI,l 9 Street but wiff 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. Al1en stated that another condition to the settl-ement is to grant a credit of S1,1,554.35 to MEBA against futurepermlt and occupational license fees. Mr. Allen mentioned that City Attorney, City Manager and himself all- recommend approval of this settlement. 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 wasce that was generated off the site of the two dumpsters. Mr. sugarman explained that waste will be brought from one parcel to another but j.t wilf be brought from a commercial parcel to a commercial parcel; Thunderbird MoteI over to the Tyler Cafe, or from a residential parcel to a commercial 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 allparties. A motion was made by Commissioner Bertino. seconded by Commissioner Cook to agree to the settfement 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 ro]1 call vote: 7.3 City Attorney Adler informed the Commission request by Press Express, Inc. for extension of display banner at 1200 Stirling Road. ofa time to Mr. Chuck Green, Press Express, Inc., requested an extension of time to display 4 banners , 22 feet long and 6 feet high,that are displayed on Lhe 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, 22feet fong and 6 feet high, at 1200 Stirfing Road. REGULAR MEETING 10 AUGUST 28. 1990 The motion passed on the following ro11 call vote: Vice-Mayor Mikes-Yes Mayor McElyea-YesCommissioner Bertlno-Yes Commissioner Cook-Yes Commissioner Grace-Yes 7.4 City Attorney Adler request for encroachment 270 SE ? Street. informed the of pool into commission of a utillty easement at City Manager FfatIeY mentioned alf residences within 300 feet request by Vice Mayor Mikes. city Attorney Adler stated that requirement to notify residents res idence . that notices were sent out to of this property Per a it is not a lega1 within 300 feet of the Vice Mayor Mikes requested to workshop the requiring notices to be sent out Hithin 300 encroachment requests. policy of feet on seconded by vice encroachment of Poolto the next regular A motion was made by Commissioner Cook, Mayor Mikes to continue the request for into utility easement aL 270 sE 7 street meetinq of September 11, 1990. The motion passed on the following ro11 call vote: ITE}t 7.5 WAS HEARD AFTER 4.7 7.5 Mayor McElyea requested the Commission to address the issue of setting a public hearing date for the airport south runway expansion project. WiIl A1len, Growth Manager Director, mentioned that the south Florida Regional Planning Councif has notified the City of Dania that the substantial deviation to the airport is sufficient for review' Mr' Aflen 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 projecL. Mr. Allen explained that the runHays at the airport are being extended more than 10% which is the maximum required by the DRI statutes Chapter 380. Mr. Alfen informed the Commission that the hearing must be advertised at least 60 days in advance and that two hearings are required. Mr. A1len suggested having the first hearing on November l and the second hearing on December 18. City Manager first publlc Vice-Mayor Mikes-yes Mayor McElyea-yes Flatley recommended November 1as the hearing date. A motion lras nade by Vice Mayor Mlkes, seconded by Commissioner Bertino to set the first public hearing for November l and the second public hearing for December 18 for revier.r of the substantial deviation. REGI'LAR MEETTNG 11.AUGUST 28, 1990 Commissioner Bertino-Yes Commissioner Cook-Yes Commissioner Grace-yes The motion passed on the followinq ro11 caII vote: Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes City Manager Elatley suggestedthis proposed list at the next scheduled by the Comm j.ssion. Vice-Mayor Mikes-yes Mayor McElyea-yes vice-Mayor Mikes-yes I"layor McEIyea-yes to include discussion of workshop meeting vice Mayor Mikes mentioned that Ft. IJauderdale has submitted a position paper on the substantial deviation at the recent Regional Pl-anning Council meeting. vice Mayor Mikes suggested that Mr. Flatley and he meet with the City Manager of Ft. Lauderdale to attempt to reach a consensus before the next Planning Council Meeting. AT THIS TIME, fTEM 5.1 WAS HEARD 7.6 Commissioner Grace suggested to amend the proposed fence ordinance by deleting the hedge and l foot setback requirements and to place this ordinance back on the next regular meeting for first reading. City Attorney AdIer advised the Commission that due to this ordinance being denied at the last regular meeting, the city must readvertise. vice Mayor Mikes commented that he thouqht 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 meeti.ng of September 11, 1990, and to conduct a workshop on this ordinance prior to that meeting. NOTE: FURTHER INTO THE MEETING IT WAS DETER}TINED TO PIJACE THE PROPOSED FENCE ORDINANCE BACK ON THE AGENDA FOR FIRST READING ON SEPTE}IBER 25, ]-990 AND TO DISCUSS FURTHER REVISIONS AT THE WORKSHOP MEETING SCHEDUI,ED SEPTEI.TBER 18 . WiII AIIen stated that he uill need Eo advertise this ordinance again for two pubfic hearings. The motion passed on the following ro11 call vote: 7.7 City Manager Flatley presented a list of proposed Capital Items to be funded from prior year's surplus only as funds are determined to be available by the City Manager and Finance Department after the completion of the 1989/90 audlt. 7.8 wil] Al-len, crowth Management Director, advised the Commission of a D.R.I. that is being considered forproperty just north of the Dania Cut-off Canal and eastof the Dania city limits adjacent to southport at Port Everglades. Mr. Allen mentioned that this property is REGUI-,AR I'TEETING I2 AUGUST 28, 1990 in the City proposing a room hotel, square feet Dania would U.D. I. Commissioner Bertino-yes Commissioner Cook-yes Commissioner Grace-yes AT THIS TII.IE, ITEI.I 8.1 I{AS IIEARD of Hollywood on 68 acres and that they are 300 slip marina, 300 slip dry storage, 375 100,000 square feet of retaj.l and 400,000 of office space. Mr. A11en stated that be affected by extendinq Griffin Road to Vice Mayor Mikes mentioned that he was at a presentation of this project a few weeks ago and has been advised by several officiafs that the reality of this project coming to fruition is not very hopeful . Vice Mayor Mikes also mentioned that there is going to be a legaI challenge to the incinerator denial at Port Everglades. Vice Mayor Mikes commented on the need to carefufly review the development that goes into Port Everglades. '7.9 will A1Ien, Growth Management Director, advised the Commission that he has received a letter from the Department of Environmental Regulation notifyinq the City of Dania of proposed dredge and fiII activity at Banyan Bay Marina focated 4491 Ravenswood Road. Mr. Allen mentioned that the property is located on the 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 existinq tee shape piers with a nunber of finger piers. Mr. AIIen 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 in order. vice Mayor Mikes requested Mr. A1len to copy the Commission on any correspondence in reference to this type of issue prior to a Commission Meeting in case they would want to prepare to take action against a proposed project. ?.10 City Manager Flatley suggested to establish a procedure to charge for regular City Commission Minutes that are sent out due to the increased mailinq list and costs for copying and mailing that the City has incurred. Mr. Flatley mentioned that governmental agencies would be excluded. 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 agencies, to receive minutes of each regular City Commission meetingi $.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 ro11 call vote: vice-Mayor Mikes-yes Mayor McEIyea-yes REGUI,AR MEETING 13 AUGUST 28, 1990 ITEM 7.11 WAS DISCUSSED AFTER PRESENTATIONS ?.11 Commissioner Bertino reported that there is a drainage problem at the Meadowbrook L.,akes Condominium near Olsen Middfe School as drainfields appear to be running into the lakes in Meadowbrook L.,akes from the street;. Commissioner Bertino stated that the City took over maintenance of these lakes sometime ago in an effort to treat the algae growth uhich was promulgated by the dumping of the drai-nage water into the lakes- Commissioner Bertino mentioned that the City has had a probfem 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. John Calvin stated that his office is about tHo ueeks 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 lakes and Ehat the only two lake systens that exist ln the SE section of the City are the Meadowbrook Lakes south and North. Mr. Calvin stated that he has revlewed 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 1akes. Mr. Ca]vin said that they have looked into the possibility of cutting off city street drainage that goes into the Meadowbrook Lakes system located at SE 4th Avenue at SE 10th Street and SE Llth Terrace and SE 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 the street system was cut-off from the parking 1ot 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 outfafl-. If there was a very heavy storm event, the lakes coul"d rise very high and Mr' Calvin could not say whether the lakes would be sufficient to hold a 100 year storm. He also mentioned that this system pre-dated the South Florida I{ater Management pernitting whlch 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 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 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 Commissioner Cook cfarified 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. Mr. Calvin reconfirmed that flooding could occur if there was a heavy rain and possibly hurt the Meadowbrook I-,akes as they would have no way out. John Calvin responded to Commissioner Grace's request for an alternative solution by sayinq that the city system could be isolated and stiI1 utilize the lines under 5th Avenue but again isotating the city system would require some pipes to run along sE 10th Street and sE 1i Terrace which is about 500 feet on each end' Mr. Calvin reconfirmed that an easier and more inexpensive solution would be to install the poflutant retardant basins at each outfall and reminded the Connission that, this is a requirement of the South Florida water Management District- Mr. Calvin's recommendation was to retain the Iakes if the pollution problem could be avoided as it does provide retention' Mr. vito Mancino stated that he felt the drainage problem began when the Esposito project on SE 11th t".ra"" was completed. Mr. Mancino mentioned that there are 3linls coming into L.,ake 3 and that this is too much drainage for the lake to hold. Alice Pare11i, Vice President of the Board of Directors of Phase If in Meadowbrook L.,akes. 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 takes r'Iith Aquatic without the association's approvaf . Commissioner Bertino requested input from city staff on how the citY was able to put outfall lines into the MeadoHbrook Lakes without an easement. City Manager Flatley stated that he is not able to a.r.wer how the drainage lines were connected into condominium lake as it was prior to his being here 197 6 or 19?8. City Attorney Adler stated that he has easements the other phases of Meadowbrook Lakes but that he been unable to obtain the easements for Phase II Attorney Rubin Schneider, Anton & Abrams' Commissioner Cook explained that follow up on behalf of Meadov,brook was completed by reading a letter dated ,lu1y 31 that was written by Mr. F]atley explaining that the oil film on Lake 5 was coming from a recently sealed parking lot that drains into the lake' the in for has f rom Commissioner Cook also read a follow up letter from Mr' ElatIey 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. REGULAR }IEETING 15 AUGUST 28. 1990 vice Mayor Mikes sugges ted at a workshop meeting after completed. that this item be discussed the drainage studY is Mr. Dimauro to meet Attorney Adler in an Robert Di-mauro, Attorney for the Condominium Association, expressed his appreciation to Mayor McEIyea, Commis!ioners Bertino and Cook for their effoits 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 lega1 riqht to fe draining into tne Meadowbrook Lakes but has yet to recei-ve any do"umentation- He explained that he will be bringing in hj-s own professional engineer to review the situation to determine if it would be detrimental to remove the city drainage from the lakes' Commissioner Bertino suggested that Mr' Dimauro meet with the City Manager and City Attorney prior to expending money to hire an engineer in an effort to resolve this situation. Commissioner Cook with City Manager effort to regolve also encouraged Flatley and citY this issue. Commissioner Grace concurred schedule further di scussion meetinq. Commissioner Bertino also agreed for all Parties to meet with the workshop setting. to make arrangements Comnission in a with vice Mayor of this item for Mikes to a workshoP City Attorney Adler clarified that the City of has been maintaining the Meadowbrook Lakes due uigea ny a delegation from Meadowbrook Lakes to malntain those lakes and that is the reason whY city took over the contract with Aquatic' Daniato being the to City Attorney Adler mentloned that he would research the-Aquatic igreement to determine when the city was given -permission to maintain the lakes at Meadowbrook' Peggy Breeschoten. on behalf of Phase fII at Ueitlowbrook L,akes, clarif ied that the Lake f or Phase itr fr." two drains not three and mentioned that she thought it was her association that requested the City to miintain the lakes- Ms. Breeschoten stated that she aoe. n"t Hant any drainage disconnected until a full investiqation of this issue has been conducted and not until ail three phases of the condominiums are involved. John Calvin suggested that instead of Meadowbrook hiring another Engineer, he would be willing to deteriline the flooding factor of each phase by inputting the proper calculations into his computer deiermine the state storage calculations required by the South Florida Water Management' Mayor McElyea directed the CitY and city Engineers to meet with up a workshop meeting to dlscuss Manager, CitY AttorneY, Mr. Dimauro and to set this matter further. ATTHISTIME,THECO}'MISSIONRETURNEDTOTHECONSENTAGENDA REGULAR MEETTNG 16 AUGUST 28. 1990 Comnj-ssioner Bert ino-yes Commissioner Cook-yes Commissioner Grace-yes vice-Mayor Mikes-yes Mayor McEfyea-yes vice-Mayor Mikes-yes Mayor McElyea-yes 8. APPOINTMENTS 8.1 Appointment of voting and alternate voting deleqate for Annual Congress of Citi.es convention- A motion was made by Commissloner Cook, seconded by Commissioner Grace to appoint Commissioner Bertino as voting delegate and Commissioner Cook as alternate voting delegate for the Florida State League of Cities. The motion passed on the following ro11 caII vote: A motion was made by Conmissioner 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. The motion passed on the following ro11 call vote: 9. CITIZENS' COMMENTS _ NONE 10. ADMINISTRATIVE REPORTS 10.1 City Manager 10.1.1 ci.ty Manager Flatley reconfirmed that there be an Open House/Town Meet ing/ Barbecue on october be held at City Hall for residents of Dania and residents west of Ravenswood. Commissioner Bertino-yes Commissioner cook-yes Commissioner Grace-yes City Manager Flatley reported that the busy counting units ln Dania to ensure censug. City Manager Flatley informed the Commission that the request to connect the Dania Beach Bike Path with the west L.,ake Bike Path system by a bicycle foot bridge was approved by the County Commission. Mr. Flatley was advised that the cost should be around $?0,000 to $80,000 and anticipates to uork with Hoffywood on the funding of this project. Mr. Ffatley mentioned that he hopes to have the concept plans for this bike path shortly for the Commission to review. wi 11 27 Lo census Bureau is accuracy for the The commission agreed to schedule a workshop meeting 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. 10.2 City Attorney City Attorney advised the Commission that he has distributed copies of the judge's order rel-ating lawsuit concerning ordinance 46-88 being unlawful to allowinq fireworks as a special exception use C-2 zone . to the due ina REGUI,AR MEETING L7 AUGUST 28. 1990 11. CO!{MTSSTON CO}r}',lENTS 11.1 Commissioner Bertino Cornmissioner Bertino requested street signs at 7th Street and 4th Avenue and 6th street Avenue on the east side. be replaced and 4th Commissioner Bertino reni.nded the Commission and audience that schoot is in session and encouraged safe driving. 11.2 Commissioner Cook 11.3 conmissioner Grace no comments 11.4 Vice Mayor Mikes Commissioner Cook read a letter from the Broward county Planninq Council advising that o1d Dillard High School has been listed in the National Register of Historical Places as having statewide significance. vice Mayor Mikes expressed the damaqe done to trees in the swale areas in the southeast section due to careless pruning. vice Mayor Mikes commented on the progress being nade on the boat ramps in the Mel-al-euca Gardens area- 11.5 Mayor McElyea This requfar commission meeting was then adjourned. -c0 Mayor McElyea mentioned the at Bryan Road between Eirst road. City Manager Flatley mentioned that he problem to be eliminated once drainage instafled in that area by DoT. problem with standing water Street and old Griffin expects thi s pipes are CITY CLERK_AUDITOR REGUI,AR }IEETING 18 AUGUST 28, 1990