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HomeMy WebLinkAbout1997-05-13 Regular City Commission Meeting Agenda PacketAGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 13, 1997 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION wlTH 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 INCLUOES THE TESTIMONY ANO EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. OI-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARTE JABALEE, C|TY CLERK, 100 w' DANTA BEACH BLVD, DANIA, FL 33004, (954) 921- 87OO EXT. 202, AT LEAST 48 HOURS PRIOR TO MEETING. CALL TO ORDER INVOCA|ION AND PLEDGE OF ALLEGIANCE *Reverend Richard Thigpen, Greater Mt. Zion AME Church ROLL CALL PRESENTATIONS -BSO - Deputy of the Month ,. CO'VSETVT AGENDA Minutes: 1.1 Approval of Regular Meeting of February 25, 1997. Bills: 1.2 Approval of bills for the month of March 1 997. Resolutions.' 1.3 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THE NINTH MEMBER TO THE POLICE AND FIRE PENSION BOARD TO SERVE UNTIL THE TERM EXPIRES 12:00 NOON, MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE. " (Staff) 1 1.4 1.5 1.6 1.7 1.8 1.9 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRIMING THE APPOINTMENT OF A MEMBER TO THE'DANIA ECONOMIC DEVELOPMENT BOARD' AND "DOWNTOWN REDEVELOPMENT BOARD'TO SERVE UNTIL THEIR TERMS EXPIRE 12:00 NOON, MARCH 16, 1999; AND PROVID|NG THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (Staff) .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS BOARD TO SERVE UNTIL THETR TERM EXPTRES 12:00 NOON, MARCH 16, 1999; AND PROVIDING THATALL RESOLUTIoNS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE." (Stafr) .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD TO SERVE UNTIL THEIR TERMS EXPIRE 12:00 NOON, MARCH '16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR EFFECTIVE DATE." (Staff) .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING MICHAEL W. SMITH AS CITY MANAGER; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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." (Staff) .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING FRANK C. ADLER AS CITY ATTORNEY; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; 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." (Staff) .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING MARIE JABALEE AS FINANCE DIRECTOR/CITY CLERK; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT: 2 1.10 1.11 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING MONICA GRIFFITH AS PERSONNEL DTRECTOR; PROV|D|NG FOR COMPENSATION FOR SUCH APPOINTEE; PROVID|NG THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORTDA; PROV|D|NG THATALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.12 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING KENNETH LAND AS ACTING FIRE CHIEF; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE Clry OF DANIA, FLORIDA; PROV|D|NG THATALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE " (Staffl 1.13 .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE PURCHASE OF THE EURODRIVE UNIT ON THE WEST EXCELATOR AT THE WATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE." (staff) 1.14 "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR THE FURNISHING OF PLAN REVIEW AND INSPECTION SERVICES; 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." (Staff) 1.15 .A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THE TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, BROWARD COUNTY AND THE CITY OF DANIA UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM KNOWN AS THE DANIA CUT.OFF CANAL MAINTENANCE PROJECT NO. 897005; AND PROVIDING THAT ALL RESOLUTIONSOR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND PROVIDING FOR AN EFFECTTVE DATE." (Staff) .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVINGROBERT PALM AS UTILITIESiPUBLIC WORKS DIRECTOR;PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE;PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS oR PARTS oF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROV|D|NG FOR AN EFFECTTVE DATE." (Staff) 2.1 2.2 3.1 REPEALED TO THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 1.16 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TRI.PARTY AGREEMENT BETWEEN BROWARD COUNTY, COONAS PROPERTY COMIPANY AND THE CITY OF DANIA FOR THE USE OFBROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF A DRAINAGE EASEMENT; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTTVE DATE.,, (Stafr) 1.17 "A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CSX TRANSPORTATION,INC., AND THE CITY OF DANIA COVERING RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES AT CITY EXPENSE; SUBJECT TO APPROVAL BY BROWARD COUNTY oFTHE TRI.PARTY AGREEMENT, BETWEEN BROWARD COUNry, COONAS PROPERTY COMPANY AND THE CITY OF DANIA, RELATING TO THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staffl 1.18 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ENCOURAGING COUNTIES AND MUNICIPAL GOVERNMENTS WITHIN THE STATE OF FLORIDA TO SUPPORT THE RECENT CHANGES TO FLORIDASTATE STATUTES REGARDING DISABLED PARKING: AND PROVIDING FOR AN EFFECTIVE DATE." (Staffl 8:00 P.M - PRIVATE SESSION REQUEST AND NOTICE FOR PRIVATE SESSION OF CITY COMMISSIONERS AND ATTORNEYS REPRESENTI NG CITY REGARDI NG PENDING LITIGATION BETWEEN FLORIDA POWER & LIGHT CO. V. CITY OF DANIA. 2 PROCLAMATIONS Declaring May 15, 1997, as "Team Dania Day." Declaring May 18 to 24, 1997 , as "Emergency Medical Services Week." BIDS Award of bid for NW 1 Street Bridge at C-10 Canal. PUBLIC HEARINGS 3 4. 4 4.1 4.2 4.3 4.4 4.5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ORDINANCE NO. 02-97 AS PASSED AND ADOPTED ON FEBRUARY 25, 1997, TO EXTEND THE MORATORIUM PROVIDED THEREON TOJULY 31, 1997, AND PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING OF ORDINANCE) (STAFF) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ARTICLE 3, SECTION 1 OF PART XI OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF A CHAIRPERSON AND VICE. PERSON FOR EACH ADVISORY BOARD OF THE C|TY; PROV|D|NG FOR THE ADOPTION OF BY-LAWS, KEEPING OF MINUTES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING OF ORDINANCE) (STAFF) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ARTICLE Vl, CHAPTER 2 OF THE CODE OF ORDINANCES, ENTITLED MARINE ADVISORY BOARD; PROVID|NG FOR THE APPOINTMENT OF ITS MEMBERS AND OFFICERS; PROV|D|NG RULES OF PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE (SECOND READTNG OF ORDTNANCE) (STAFF) Reconsideration of VA-32-96 - Petitioner: Kenneth M. Meyer, P.A. -Owner: Frank A. Jose; property located at 129 NW 4 Avenue. A request for variances from the provisions of the Dania Zoning Code Section 4-202 to allow a 12' x27.5O' or 330 sq. ft. addition to commercial building dba/ Frank's Custom Paint and Auto Body. Zoning Text Change (TX-34-96) Amendment - Petitioner: James Brady -Owner: Lionel N. Jadoo, New Care Health Corporation (REQUEST BY PETITIONER FOR EXTENSION) 5. S'TE PLA'VS 5.1a Revisitation of VA-21-86 - Petitioner: IVlichael L. Thomas - Owner: Robert Krilich; property generally located at the NE quadrant of Stirling Road and l-95. (Proposed site for Fairfield Suites Hotel) Variance was approved 3125186 lo allow a maximum building height of 160' (maximum 40" allowed) subject to F.A.A. and Broward County Aviation approval and subject to revisitation after 1 year. 5.1b SP-05-97 - Petitioner: Michael L. Thomas - Owner: Robert R. Krilich for property located at the northeast corner of lnterstate 95 and Stirling Road. Request for site plan approval for a Fairfield/Marriott Suites Hotel containing 152 rooms in a single structure with one level of underground parking. 6. CITIZENS' COMMENTS: coMMENrs By DANTA ctrtzENs oR INTERESTED 5 8.2 8.3 8.4 8.5 8.6 8.7 8.8 PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN tN'yVRtTtNG OR CoMIiUN|CATED VERBALLY pRtOR TO 4:OO p.M. THE SEC,ND(/o) AND FaURTH (4rH) MoNDAy oF EAzH MINTH. coMMENTs oF ANy NATzREWLL BE RESPONDED TO BY THE OFFICE OF THE CIW MANAGER. IN THE EVENT THAT THE COA'CER/V REMA'NS IJNRESOLVED, THE CITIZEN (S) OR PARTY WLL BE ASKED TO ADDRESS THE CITY COMMISSION DUR'NG THE MEETING. EXP E N D I T U R E REQUES lS-none D'SCUSS'O,V A N D POSSIBLE ACTION Discussion of recommendations from Charter Review Board. (Vice-Mayor Cali) Selection of Growth Management Director. (Commission) *Terry Virta*Sheryl Bower*George M. "Skip" Grkovic A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVINGAS GROWTH MANAGEMENT DIRECTOR; PROVIDING FOR COMPENSATION FoR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CIry COMMISSION OF THE CIry OF DANIA, FLORIDA; 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. Discussion and possible action to authorize expenditure of funds to conduct surveys to resolve dispute between Paoli Construction and Chesto. (Ken Koch) Request by Broward County Audubon Society to discuss Fairfield lnn development at Stirling Road and l-95. (David M. Forman) Discussion of recommendations from Airport Advisory Board regarding proposed development order related to Hollywood-Fort Lauderdale lnternational Airport. (Victor Lohmann, Chairman) Request by DEDC to waive permil and impact fees for DEDC's Senior Citizens Housing Complex. (Jerry Carter) Discussron of requests for assistance from American Legion Post 304 for Memorial Day Service. (Vice-Mayor Cali) Discussion of request from Fort Lauderdale Mustang Club to host an Antique and Classic Car Display on June 14, 1997, from 6:00 p.m. to 10:00 p.m. at the beach parking lot. (Vice-Mayor Cali) tl 7. 8. 8.1 9. APPOINTMENTS 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 Six (6) members needed on the Airport Advisory Board. One (1) appointment to Code Enforcement Board to fill Plumbing/Mechanical Subcontactor position due to declination received from James Rogers. Four (4) members needed for the Community Affairs Advisory Board. Five (5) members to the Dania Economic Development and Downtown Redevelopment Board. Two (2) members on Human Relations Board. Two (2) members on Marine Advisory Board. Five (5) members on Occupational License Review Advisory Board. One (1) member on Planning & Zoning Board. Three (3) citizen nominations for Civil Service Board 10, ADMINISTRATIVEREPORTS 10.1 City Manager 1O.2 City Attorney 11, COMMISSIONCOMMENTS 11.1 11.2 11.3 11.4 11.5 Commissioner Bertino Commissioner Etling Commissioner Hyde Vice Mayor Cali Mayor Mikes ADDENDUM DANIA CIryCOMMISSION REGULAR MEET]NG MAY 13,1997 7:30 P.M. CONSENT AGENDA: 1.19 PROCLAMATIONS: 2.3 Declaring May 22, 1997 , as "Maritime Day." CITIZENS' COMMENTS: ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RECOMMENDING THE SOUTH RUNWAY REMAIN A GENERALAVIATION RUNWAY AND ONE OF THE NORTH RUNWAY ALTERNATIVES BE CONSTRUCTED, WHICH WOULD MINIMIZE THETHREAT TO THE PUBLIC HEALTH AND SAFETY OF DANIA RESIDENTS BY THE PROPOSED PROJECT; AND PROVIDING FoR AN EFFECTIVE DATE." (Mayor Mikes) 6.1 Anthony Troncone - Discussion of easement on norlh side of Dania Beach Boulevard - Motel 6 to bridge to add sidewalks or bike path. aa-a OFFICE OF THE MAYOR CITY OF DANIA PROCLAMATION WHEREAS, emergency medical services are a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, I, Bob Mikes, as Mayor of the City of Dania, Florida, do hereby proclaim the week of May 18 to 24, 1 997, as "EMERGENGY MEDICAL SERVICES WEEK" in the City of Dania and urge all my fellow citizens to take this opportunity to observe this occasion with appropriate programs, ceremonies and activities, and also, to recognize the men and women in our community who work tirelessly to protect and preserve our lives and the lives of our families. lN WTNESS WHEREOF I have hereunto set my hand and caused this seal to be affixed this 13 day of May "1997. City Clerk - Aud o -co ISSIONER OF'F'ICE OF THE MAYOR CITY OF DANIA PROCLAMATION WHEREAS, American Maritime Officers is the nation's leading union of U.S. Merchant Marine Officers; and WHEREAS, American Maritime Officers represents thousands of civilian men and women employed on American-flag merchant vessels in foreign/domestic commercial, and military trade, and WHEREAS, American Maritime Officers has its headquarters, its training programs, and its benefit funds in Dania thus providing employment and bringing thousands of visitors to the City each year; and WHEREAS, American Maritime Officers leads the community's annual observance of National Maritime Day on May 22 as proclaimed by the President of the United States; and WHEREAS, the City Commission of the City of Dania wishes to join American Maritime Officers in commemorating the civilian U.S. merchant mariners lost at sea in service to the nation in peacetime and in war since the American Revolution, especially in World War ll. NOW THEREFORE, l, Bob Mikes, as Mayor of the City of Dania, Florida do hereby proclaim May 22, 1997, as ..MARITIME DAY" in the City of Dania and urge the entire community to support and recognize the importance of supporting our American merchant marine. lN WITNESS WHEREOF, I have hereunto set my hand and caused is seal to be affixed this thirteenth day of May 1997. A IE JABAL , CIry CLERK BOB KES, MAYOR OFF'ICE OF THE MAYOR CIT.Y OF DANIA PROCLAMATION WHEREAS, Jai Alai is a centuries old sport from the Basque country of spain and France; and WHEREAS, Jai Alai came to the united states in 1904 and the first fronton was opened in Florida in 1924; and WHEREAS, Jai Alai promotes Dania throughout Florida; and WHEREAS, Jai Alai promotes Dania as a tourist destination; and WHEREAS, Team Dania took 3d place in the Annual Tournament of champions and tdciil;i Dfii ,""ognir"-Ji""ri oania as some of the best players in professional Jai Alai NOW,THEREFORE,l,BobMikes,asMayoroftheCityofDania'Floridadohereby proclaim MaY 15, 1997, as in the City of Dania. IN WITNESS WHEREOF,I have hereunto set my hand and caused this seal to be affixed this thirteenth day of May 't997' o S, MAYOR TA RIE JABAL ,ctry CLERK ii lt ..TEAM DANIA DAY" \ PRIVATE SESSION 8:00 P.M. MAY 13, 1997 REQUEST AND NOTICE FOR PRIVATE SESSION OF CIry COMMISSIONERS AND THE ATTORNEYS REPRESENTING THE CITY REGARDING PENDING LITIGATION BETWEEN FLORIDA POWER AND LIGHT CO. V. CITY OF DANIA. SETTING THE TIME AND PLACE OF THE SESSION AND PROVIDING THE MANNER IN WHICH SUCH SESSION SHALL BE CONDUCTED. THIS SESSION SHALL COMMENCE AT 8:00 P.M. OR SHORTLY THEREAFTER AT THE REGULAR MEETING OF THE CITY COMMISSION WHICH STARTS AT 7:30 P.M. BY THE MAYOR ANNOUNCING THE COMMENCEMENT AND ESTIMATED LENGTH OF THE PRIVATE SESSION. AFTER THE PRIVATE SESSION, THE REGULAR MEETING SHALL BE REOPENED AND THE MAYOR SHALL ANNOUNCE THE TERMINATION OF THE SESSION. FRANK C. ADLER CITYATTORNEY THE CITY ATTORNEY HEREBY ADVISES THE CIry COMMISSIONERS THAT HE AND OTHER ATTORNEYS REPRESENTING THE CITY IN ITS LEGAL ACTION BETWEEN FLORIDA POWER AND LIGHT CO. V. CITY OF DANIA DESIRE ADVICE FROM THE CITY COMMISSIONERS THAT WLL BE CONFINED TO STRATEGY RELATING TO LITIGATION. THE MEETING lS TO BE HELD AT 8:00 P.M. OR SHORTLY THEREAFTER, ON MAY,I3, 1997, IN THE CONFERENCE ROOM AT CITY HALL. A CERTIFIED COURT REPORTER SHALL RECORD THE TIME AND TERMINATION OF THE SESSION, ALL DISCUSSIONS AND PROCEEDINGS THAT OCCUR, THE NAMES OF ALL PERSONS PRESENT AT ANY TIME DURING THE SESSION AND THE NAMES OF ALL PERSONS SPEAKING. NO PORTION OF THE SESSION SHALL BE OFF THE RECORD. THE COURT REPORTER NOTES SHALL BE FULLY TRANSCRIBED AND FILED WTH THE CITY CLERK WTHIN A REASONABLE TIME AFTER THE MEETING. THE TRANSCRIPT SHALL BE MADE PART OF THE PUBLIC RECORDS UPON CONCLUSION OF THE LITIGATION. +l ,3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THE NINTH MEMBER TO THE POLICE AND FIRE PENSION BOARD TO SERVE UNTIL THE TERM EXPIRES 12:00 NOON, MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 18-46 (d) of the Code of Ordinances provides that a ninth person be chosen by a majority of the previous eight (8) members of the Board of Trustees. The name of the ninth person shall be submitted to the City Commission which shall, as a ministerial duty, appoint him to the board; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . THAT the appointment to the Police and Fire Pension Board of the following named person is EUGENE JEWELL gTH MEMBER OF BOARD OF TRUSTEES Section 2. THAT all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. THATthis resolution shall be in force and take effect April 16, 1997. PASSED and ADOPTED on this 13 day ofMay 1997. MAYOR-COMMISSIONER ATTEST: CITY CLERK. AUDITOR APPROVED FOR FORM AND CORRECTNESS: BY -1-FRANK C. ADLER, CITY A Resappointments.doc 5t1t97 TTORNEY RESOLUTION NO._ RESOLUTION NO. hereby ratified and affirmed and said member shall serve until 12:00 noon March 16, 1999. Crry or DaNra Police and Fire Fighters Retircment System Board of Trustees l13 SW I Street Dani4 Flcrida 33004 Phone: (954) 921-0404 Fax: (954) g}t-1403 Apil 17, 1997 Mr. Michoel Smiih, City Monoger City of Donio 100 West Donio Beoch Boulevord Donio, FL 33004 Colhy Dovid Roberl Donly Re: Police ond Fire pension Boord Representives Deor Mr. Smith: Pleose be odvised thot ihe members of District I of Meho-Broword professionot Firefighters, Locol 3080. ol o posted meeiing of ihe elective body hetd on Apit 7,1997hove voted to re-elect pofulck po eBon ond Mlchoel Brown os their representotives onthe city of Donio Police ond Fire Fighlers Retiremeni system Boord of Trusiees for ihe l99z- 1999 term. Additionolly, the two members thot were elected by o mojority of the police Officers ore lo]ry Rogers ond Vlnson Morlln. I understond thot ihe City Commission, o their meeiing of Morch 25, lggT hoveoppointed the following four (4) legol residenls of the City of Donio to lhe Boord: Beuloh [ok Wordell [ee turther, pleose be odvised lhot in complionce with Section t&45 (l)(d) of the Cityof Donio Code of Ordinonces, lhe Boord ol their meeting of April 16,i99Z voted unonimously lo elect Eugene Jewell os the ninth member of lhe Boord of Truslees. It will be necessory for the City Commision to officiolly oppoint iheserepresentolives to the city of Donio Police ond Fire Fighters Reiirement Sysiem Boord ofTrusiees. Pleose hove this motter ploced on the ogendo ot the next regulor meeting ofthe city commission. Thonk you for your cooperotion. lf you hove ony queslions, pleose contoci me. erely, Sonio Assistont Administrotor cc: M. JalElae. City Clerk =>/ka; METRO-BROIryARD PROFESSIONAL FIRE FIGIITERS 10224 NW 47 Street.Sunrise, Florida 33351 Telephone: (954) 741-5599 .Facsimile: (954) 741-6655 INTERNAIIONAL ASSOCI,ITION OF NREPIGIITEBS fLONIDA PROTESSTONAL EINETIGETEI'S GR.EATER AOUTE TLORIDA MARITIME TRADES COL'^-CILBROWARD COUNTY ATL"CIO LOC.A,L 3OST. BROWARD COUNTY COUNCIL OF PROFESSIONAL FIREFIGETEIIS Michael L. Brown President Edward T. Curren Secretary Paul R. LaGala Treasurer Dislricl 6 LAUDERDALE LAKES District t COOPER CITY Distticl 9 OAKLAND PARK Api17,1997 Mr. Eugene Jewell, Chairman Dania Police & Firefighters Retirement System I 13 S.W. lst Street Dania FL 33004 Districl 2 LAUDERHILL Dear Mr. Jewell Distticl 3 SUNRISE Dist'ict 4 TAMARAC District 5 LIGHTHOUSE POINT Please advise all the appropriate parties of this election. If you have any questions or comments, please contact me. Sincerely, erglo ellecer District 10 PEMBROKE PARK odEE!r. cc Mchael Smith City Manager Dislricl I DANIA Disttict 7 NORTH LAUDERDALE Please be advised that the members of District I of Metro-Broward Professional Firefighters, Local 3080, at a posted meeting of the elestive body held on Monday, April 7 , 1997 , have voted to elect Michael L. Brown, and Patrick L. Patterson as their rqresentatives on the Dania Police & Fire Fighters Retirement System Board of Trustees. Both Mr. Brown and Mr. Patterson were nominated at that meeting and won by Ecclimation. Qau- lst District, Local 3080 Metro-Broward Professional Firefi ghters RESOLUTTON NO. _ A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THE TRI-PARry DEVELOPMENT PROJECT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, BROWARD COUNTY AND THE CIry OF DANIA UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM KNOWN AS THE DANIA CUT-OFF CANAL MAINTENANCE PROJECT NO. 897005;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. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORlDA; Section 1. That that certain Tri-party Development Project Grant Agreement between the State of Florida, Department of Environmental Protection, Broward County and the City of Dania under the Florida Boating lmprovement Program known as Dania Cut-Off Canal Maintenance Project No. 897005, a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. . Thal all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 13 DAY OF MAY 1997. ATTEST: CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS: A^--,C e. CITYATTORNEY aJ2*- RESOLUTION NO 1l t{ MAYOR-COMMISSIONER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BOATING IMPROVEMENT PROGRAM TRI-PARTY DEVELOPMENT PRO.fECT GRANT AGREEMENT contract No. 89705 This Agreement is entered into this day of a9 _, betr,/een Ehe state of Florida, DepartmenE of Environmental Protection, herej-naf Eer referred to as the DEPARTMENT, Broward County, hereinafEer referred to as the DANIA COUNTY, and the City of fid.$oon( x4ario{r€, hereinaf t.er referred Eo as the CITY, in pursuance of a project approved under the Florida Boating lmprovement Program (FBIP) . l-. This Agreement sha1l be performed in accordance wiEh Sections 37O.O2l(r), 327.25 (12). and 327.28. Florida StaEuEes. and Chapters 15A-11 and 62D-5, Part III, Florida Administrative Code, which are hereby incorporated by reference as if fully set forEh herein. 2. The COUNTY, as the official applicant. and recipient of program funds, shal-1 be responsible for grant adrninisEration and accounEability. The CITY shaIl acts as agent for Ehe CoUNTY for const.ruction of the project authorj-zed by t.his Agreement. 3. The CfTY agrees to construct. the project known as Dania Cut-Off Canal Maintsenance (FBIP ProjecE, No. 897005) , in accordance wj-th the plans and specificaEion prepared by, or under the supervision and review of, a registered professional- architects, engineer or oLher appropriate professional. These Page l- of 7 elements are identified in the project. application whj-ch is made a part of this Agreement by reference: maj-nEenance dredging of Dania Cut.-Of f Cancal between Sw 27 Terrace abnd SW 34 Terrace. 4. This AgreemenE shal-1 become effectj-ve upon execution by t,he DEPARTMENT. The CITY agrees t.o complet.e Ehe project. on or before Ewo years from che effecEive date. 5. The DEPARTI"IENT agrees to obligat.e and make available to the COUNTY the approved project amount of $77,000.00 for the project authorized by this Agreement. The DEPARTMENT r^Ii11 release Ehe funds on a reimbursement basis. The DEPARTMENT, CoUNTY and CITY understand and agree thaE tshere sha1l be no reimbursement. of funds by Ehe DEPARTMENT for any expenditure made prior t.o E.he execution of t,he AgreemenE with the exception of $ -0- for Ehe following expendit.ures: N/A 5. Alexandra Weiss, CommuniEy AssisEance Consultan! or her successor, desj-gnaEed as the DEPARTMENT ' S Project Manager for the purpose of this Agreement, is responsible for ensuring performance of iEs terms and conditions and shal1 approve all payment requests prior to payment. The COUNTY shalL submiE to the DEPARTMENT signed quarterly project status reports on a calendar basis summarizi-ng work accomplished, problems encountered, percentage of completion, and oEher appropriate j-nf ormats j-on. Photographs sha11 be submiELed when appropriaEe Eo reflect work accomplished. 7. The DEPARTMEMrTS performance and obligation t,o pay under E.his Agreement is contingent upon an annual appropriaEion by the Legislature. Page 2 of 7 8. Each party hereEo agrees EhaE iE sha1l be so1eIy responsible for E.he wrongful acts of iEs employees, conEractors, and agentss. Hob/ever, nothing contained herein shaI1 constj-tute a waiver by either part.y of its sovereign immunity and the limiEaEions set forth in Sect.ion 768.28, Florida Stsatutes. 9. Upon projects compleEion, Lhe engineer. architect or oEher appropriate professional shall sig:n a stat.ement certifying saEisfaccory compleE j-on of Ehe project in accordance with the prepared plans and specifications. L0. Asphalt paving shall conform wiEh Ehe Florida Department. of Transport at ion' s specifj-caEions for road and bridge consEruction. Bid specifications, conEracEs and/or purchase orders musts specify Ehickness of asphalt and sguare yards t.o be paved , 11-. Eligible and ineligible prograrn costs are established in Ehe Division of Recreation and Parks Grant Account.abi liE,y procedures. The COUM|Y shal1 submj.ts payment. requests and expenditure documentsaEion Eo Ehe DEPARTMENT in accordance with the DIVISIONTs Grant Accountsability Procedures, said requests being in detail sufficient for a proper pre-audits and posE-audj-E t.hereof . The Project Manager shalI, wiEhin sixty (50) days afEer receipt of a payment request, review t.he work accomplished to date on Ehe project and, if in order, approve the requesE for paymenE. The DEPARTMENT shal1 retain 10? of the grant amount unEil completsion of t.he projecE and all final- project documenEation has been submitEed by the COUNTY and approved by IhC DEPARTMENT. Page 3 of 7 Page 4 of 7 f2. The CITY is responsj-b1e for obtaining all state and federal permit.s, licenses. agreemenEs, leases, easements, eEc., requ j-red for the projecE. 13. The COUNTY and CITY shal1 retain all records support.ing project costs for three (3) years af t.er the fiscal year in which the f j-naL program palrment was released by tshe DEPARTMENT or until final resolution of matters resultsing from any lit,igation, c1aim, or audiE Ehat started prior tso Ehe expiration of the three-year record reEents j-on period. !4. The DEPARTMEMI reserves the right co inspect the project as well as the right to audits any and all financial records perEaining to the project aE any reasonable time. This Agreements can be unilaterally canceled by tshe DEPARTMEIiE should the COUNTY or CITY refuse to a1Iow public access Eo all documents, papers. leEEers or other material made or received in conjunctsion wiEh the Agreement pursuants to the provisions of Chaptser 119, Florida StsaEuEes. 15. The COITNTY and CITY agree tshat Ehe projecc, when completed, shaI1 be dedicaEed for public recreat.j-onal uses. The dedication sha1l extsend for a minimum of Ewenty-five (25) years and shall- be recorded in the publj-c properEy records. The COUNTY and CITY furEher agree Lo return to Ehe DEPARTMEI,IT funds tendered for the projects in the events the project becomes utsilized for other than tshe purposes of Ehe project during t.his period. 16. The CITY shal1 erect a permanent sign identifying Ehe program and the DEPARTMENT as a funding source of project construction. 17. The DEPARTMENT sha11 have the righE to Eerminate Ehis Project agreemenE and demand refund of Program funds for non- compliance with the terms and conditj-ons of the Program. Failure t,o comply with lhese terms and conditions shall- result in t.he DEPARTMENT declaring the COUII:IY ineligible for further participation in t.he Program until such time as Ehe COUNTY and CITY comply therewiEh. 18. No person, on the grounds of race, creed, co1or, natj-onal origin, age, sex, or disability, sha11 be excluded from participation in; be denied Ehe proceeds or benefiEs of; or be otherwj-se subjected to discrimination in performance of tshis Agreement . 19. This Agreement stsrictly prohibits the expenditure of funds for the purpose of lobbying the l-,egislatsure, tshe judicial branch, or a state agency. 20. Any 1oca1 governmenE.al entity, nonprofiE organizaEion, or for-profit organizaEion E.hats is awarded funds from a grants and aids appropriaEion by a sEate agency sha1I: (a) If t.he amounEs received exceed $l-00,000, have an audj-t performed in accordance wit.h the rules of tshe Audilor General promulgatsed pursuant Eo s. 11.45; (b) If the amounts received exceed $25,000 but. do not exceed $100,000, have an audiE performed in accordance wiEh the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statemenE prepared by an independenE certified public accountsant which aE.tests thats tshe receiving entiEy or organizaEion has complied with the provisions of tshe granEi or Page 5 of 7 (c) If t.he amountss received do not exceed $25,000, have the head of t.he ent.iE.y or organization attest, under penalties of perjury, that the entsily or organizaEion has complied with t.he provisions of the grant. 2l . If it, becomes necessary for Ehe DEPARTMENT to demand a refund of any or all funds Eendered pursuanE to Ehis AgreemenE, the COUNTY and CITY agree to return said funds to the DEPARTMENT wiEhin sixty (50) days after not.if icat.i,on by Ehe DEPARTMENT. If noE reEurned wit.hin sixty days, tshe COUNTY and CITY undersEand and agree that, any further COUIITY requests for funding as to this or any oEher program under tshe DEPARTMENT'S administration shal1 be denied until the funds have been returned. 22. Followj-ng receipt of an audit report identifyj-ng any reimbursemenE due t.he DEPARTMEMr, the COUNTY and CITY wil-l- be allowed a maximum of sixty (50) days to submit additional documenEation to offset the amount idenE.ified or Eo return the amount due. 23. This Agreements representss tshe enEire agreement of the partj.es. Any alterations, variat.ions, changes, modificat.ions or waivers of provisions of t,his Agreement sha11 only be valid when they have been reduced co writ.ing duly signed by each of the parties hereto, and attached t.o the original of Ehis Agreements . 24. The DEPARmIENT, COUNTY and CITY mutsua11y agree tso the following special terms and.condit,ions incorporaEed as part of this Agreement: N/A IN WITNESS WI{EREOF, the parEies hereEo have caused t.hese Page 5 of 7 presents to be duly executed on t.he day and year first abovewritten. By, STATE OF' FLOR]DA DEPARTMENT OF ENVI RONMENTAL PROTECTION Director or DesigneeDivision of Recreation and Parks E Prol ect Manager Approved as E.o Form and Legality: BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY By, Chairman or designee* ADDRESS : 950 NorthwesE Oak]and Park, 38th StreetElorida 33309- 59 82 COUNTY Attorney DANIA CITY OF TIiTE,IIOSU IOAIOORE By,Tir.le:MAYOR 100 r^r . Da n i a ,ADDRESS : Dania BchFL 33004 Blvd. by: by: City Manager City APPROVED AS Cl erk TO FORM AND CORRECTNESS: DEP ATI,O ey City Attorney Page 7 of 7 /\nua.XrnN:;: *If someone otsher t.han the Chairman signs Ehe contract, aresolutj-on, statement or other document. authorizing that person to sign Ehe contract on behalf of the county must accompany t.he contract. OUNIY Marane Advisory Committee 950 N.W, 38th St., Ooklond Pork, FL 33309-5982 (954) 357-8139 April 1-7 , L997 Mike SmiE.h, CiEy Manager Cj-t.y of Dania 1-00 w. Dania Beach Blvd. Dani-a, FI . 33004 Re: Dania Cuts-Qff Cana]. Maint,enance Project FBIP #B97OO5 ^ttYDear Mr. Silt€h, AtEached are Ehree original Fl-orida BoaEing ITrprovemenE Program (FBIP) Tri.-party Development Project Granu agreements for the abovereferenced project. A11 Ehree originafs need Eo be signed expedit.iously by Ehe City At.torney and Che Mayor of Ehe City ofDania and reEurned Eo t.he Broward County Parks & RecreaEionDivision. Do not date the first page of the Agreements. Uponreturn, the Agreements will he placed on Ehe County Corrnission Ag:enda for approval and signing. when uhe AgreemenEs have been si.gned by Ehe Florida DeparEments of Environmental Protsection, oneoriginal of the fu]1y executed agreements will be sent to you foryour files along with a nNotice to Proceedn, tshe FBrP rules and appropriaEe Close-out Documentatsion for reimbursemenE.. Any constsruction that proceeds before the City receiwes Ehe 'Notice tso Proceed" will noE. be reimbursabfe under the FBIP ruIes. If you have any questions, please caLl me aE 357-8139. S ince R. Fioretiai son At.tachment BPOWARD COUNW BOAR0 OF COUNTY COMMISSIONERS - An Equol Opportunity lrnployer ond Provldor ol SoNice. Normon Abromowilz Scoil l. Ccwon Suzonne N. Gunzburger liene Uebermon Lori Nonce Porrish Sylvio Poitier John E. Rodstrom, Jr. wo d Wida Web: hltp://www.co.broword.ll.us/porks -#/ /b RESOLUTTON NO._ A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING TRI-PARTY AGREEMENT BETWEEN BROWARD COUNry, COONAS PROPERry COMPANY AND THE CITY OF DANIA FOR THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF A DRAINAGE EASEMENT; 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. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Tri-party Agreement between Broward County, Coonas Property Company and the City of Dania for the use of Broward County Roadway lmpact Fees for road improvements and grant of a drainage easement, a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict Section 3. . That this resolution shall be in force and take effect immediate ly upon its passage and adoption. PASSED AND ADOPTED THIS 13 DAY OF MAY 1997 MAYOR-COMMISSIONER ATTEST: CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS: J-.--r. 4 fuL CITY ATTORNEY RESOLUTION NO i,lfihirl'tL' ?V fin\'-or.-199? 1E:38 t CaE!. S..irnrt.r'1,.€oh.aYdd.lL8/le(Fl "clro e noanom. f F. 02 Jol'n J. Copelon. Jr ' Counl'/ Atlorney.S.qdaa1rtcCh CnY Ce-.t aad (<\:ci Govetttnef,, iutr CFFIC Ot THE COUNI'Y AITORi']cY Aftdrews Avenue' Suiie 423 Forl Louderciole. FL 33301 (9s.1) 357-7603 . Fox (954) -!-r8.ff 357-7U1. Sunccro d/2- lviaY 2, 1997 File No:96-224 Sieve Hoffman, Esquire Mastriana & Christiansen, PA' 2750 North Federal HighwaY Fort Lauderdale, Ftorida 33308 RE: Bass Pro Roadway Agreement and Grant of Drainage ment ('rAgrecmcnl") contains the revisions Attached is a copy of the latcct drafr of the ceptroned Agreernelt th ffiHiltlffJap,-i so, 1997' resardins the csx railrcad crussr My comments regarding tF'e current draft of the Agreernent are li belovr 1 . Vy'e need Exhibil 'B' (Section 9.(a), the '...standards for Avenue.-.'), Exhibit "C' (Dminage Improvenlell ts) and Exhibit "D' (Drainage ). Please provide these as soon as possible 2.The ciocumentation You sent to Henry Cook on April 23' 1 , indicated that the total cost estimate tor the Roadway tmprovements b $2,2J6 .00 "...which does not include costs for demucking, compaction of fill and drain improYernents for the Griffin Road dminage sYstem." The County ne,eds a more c totaI cost estimate that inctudes the demucking and compacton cosb (Secti 19. of the Agreement hcilities)- Pursuant to of Public Hearing mustexcludes us,e of "Fund Monies'for construction ot the drain Section 255.20(1 Xa)10.a., F.S', the stdutorily required Noti '-,.identify ...the estimated cost of te project...and this egtimated cost tigure must also be induded in the resol ution the County Comm must adopt. d useable fill for thes. Scction 1o,(b)states that "The CitY shall Provide all clean an construction of RoadwaY lmprovemenG." Please chnry any of the Cih/s costs for provid ing all the fill will be paid from the Furrd Monies,whether the CitY will provide tlte fill at no cost. 4. A questbn has arisen regarding the interpretation o{ $ection , "Construdion Fund," as to when the 'consfuction fund accDunr (Fund Monies)be established, and when the CountY must begtn making dbbursements from tire und Monies. Since the lolal Fund Monies consist ol ttle Countfs $1.900,o00.00 impac,t fee contrtbution AID co0{1i BoaE or colNft @Mnalsslolitlt - Al. Ecuol atld hq1d6{ ot sarlaae. wrd6 varb, mlpr,r|ilt, as 5-OE-199/ s':rrr'' Steve Hofftnan, Esquire May 2,1997 Page 2 co$Errtems as $2,139,754.00 plus the DeveloPefs $239 [i"u uo"m",*" rrom the Fund in tt* tot"t amounl of $2,139' Dreoatation df desig is dbposited into ae For exarnple,no disbursements 5 Please fax me a coPY that must be relocated.There Gounty notice advising utilities Agreeme nt to see if there are DMF/bjl Attacfi. cc: h.iTti*Llo{ of the Buc;lGYe Pipeline that lhey I am meeting wifi Elliot on Monday' May 5' to dbcuss the schedu CountY Commission agenda' Pleasecallmewtrenyouhavehadanopportunitytorevie$,thed Anvone receMrg a copy of this letter and the draft Agreement $hou ;#il#;;;:' &m*tnt" o' =ussested revisions' r/nY-96-199? 16:3@ s545661592 P. 03 .TS.00 Mass Tnansit- illonies slrotrld be made 754.00. would be rnade to tel n plans, land acqu ac@unt. Agreement rd does not aPPear to be any must Elocate, so we afiy non-statutory notice requ Very tru yours, David M. Fee'Jr. A*sistant CountY Atto fee contibution' no acmunt is tullY tunded of the Agreement on a contact me if they have P asing DMsion such "pre-construction' cosits, etc., until the full until I Hal Priesi, Larry Barden, Sharon L. Cruz, Ratuel E. Broruard 5-trE- I :rY '/ - :';r ' ' Draft 512197 I HE USE BROWARD COUNTY, a Political assigns, hereinafter refened to as The CITY OF DANIA a municipal State of Florida, iG successors a .DEVELOPER'" WHEREAS,D€ /ehPet of the NCL PLAT'Ptat Book within the CITY, r1A\',-s6-199? 16: 31 hereinafter 9545561592 F. E4 AGREE}JtENT Among BROWARD COUNTY CIY OF DANIA and Relating to OF BROWARD COUNTY ROADWAY I ACT FEES FOR ROAD IMPROVEMENTS' NAGE EASEMENTAND GRANTOF DRAI This is an Agreement among: subdivis and ion of the State of a, .COUNry''through 'rts Board of AND corPoration oEanized and its succe+sors and nty Commissioners; under the larrs of the as'GlTf:nd assigna'hereinafter referred AND COONAS PROPERTY COMPA}ff its successors and ass[ns'inafter refened to as WTNESSETH: , is the owner of that certain Parcel of land,as Parcel "ff 150, Page 50,located on Grifiin Road and l-95, end situated refuned to aG the "Property"' on whhh Parcet ol land 1 COONAS PROPERTY COMPANY nal headquarters whlch and attraction uses, , as identified on to as 'Roadway and the Bass Pro WHEREAS, DeveloPer,CountY and CitY wish to enter into this Ag for the purposes of providing for the desiln'funding and constructlon of the I mprovcmcnts on or near the ProPerty;and WHEREAS,County has aPProved the use of uP to One Million Hundred Thousand Dollars ($1,900,0O0.00) of Broward CountY road impact for rxrtairr roadwaY improvements located within the Raven s.v',ood Road Corridor Griffin Road and Stirling Road: and WI-IEREAS,Developer is required to PaY the sum of Two Hund Thirty Nine Thousand Seven Hundred Fifty Four DoIlars ($239,754.00)in Mass Transit pact fees to BrorYard CountY as a condition of aPProval of the arnendment to the L Plat by the County Cornmtssto n on December 5, 1995;and will be served trY the WHEREAS' the mutual beneftt of the public' the Gounty and ttp #;t,?il ;nhaRoadwaY lmPovernents; and WHEREP.S, the Coltnty has edhorized the use of uP to Mitlion Nine Hundred Thousand Doltars (1,900'000.00), tagether with the sum of T I lundred ThirtY Nine Thousand Seven Hundred Fifiy Four Dollars ($23s ,75+.00) in Transit impad fees One Hundred Thirty required to be Paid bY Devebper, for a totat amount of T$,o Mill ot the Roadway Nine Thousand ($2'13sJ54.00) for the costs of lmprovementg,whicfr costs shall include the acquisition of right way and design of the Roadway imProvements;and rovements, as mo particularlY described \AIHE,REAS,the total cost of the Ro€dway lmp in Sectiofi 6. below, r$ cost6 and financial WHEREAS, Crunty, Citv and Developer asreg [aJ !1nt/s obligations under the terms #t[i" eg&*";t shall not exceed '138,754'00: and 2 lr o'!.A;irEts-ta r'1A\'-s6-199i/ 16:31 F. E5 isa including commercial,retail, andto as County and CitY requlre ertain roadwaY 'A" attached hereb and whictr will be rhe Tri-Rail lmprovements-, to DeveloPment; and be constructed to serve EI: 9545661592 iees to be responsible for all of the Road\,'ray WHEREAS ,139,754.00; and lmp CountY, CitY anci DeveloPer'in coniunction with the Department of Tra n(FDOT),wish to enter into an agreement to prov for the des(7n and!\|rt con of certain Dminage lmproveme nts on, adiaoent to near the PropertY as nts) in with the RoadwaY 'Bg-("Drainage lmproveme described in Exhibit lmprovements; and \t/tIEREAS' to facilitate the construdion cf the Drainage lm to grant County a drainage eagement as described in E:hibit " nts, Developer agrec$ mutual covenants . the parties hereto rated herein bY to provide for fhe , mspectlon' ibit "A" located in the intent to aid in the the ransfer of the Tri- Pro Development on of the construction Broward CountY this Agreement shall The Board of CountY to waive ttle Broward NOW, Tr{EREFORE, in consideration of lhese Premi8es contained hereirr, the suffrciencY of which are hereby ackn agree as follov'rs: and 1 RECIIALS. I he above recitaE are true and corect' and ar€ this re:ference. to lhe unique nature City of Dania, and to itrat would be Purchasing Code' The Board of countY Commissioners turtrer tinds that it is ln best interest of the County to awad the cons,truCtion \ffofk for fi's job to an aPP ty licensed Public contractor according to the aPPlicable provisions of the CourtY Procurement Code, which wa$ adopted Prior to JutY 1, 1994. 3 r1A!',-86-199? 15:32 s545661592 F. 65 the ProPerty. costs of the RoadwaY County,Fbrida. lt is up to $2,139,754.00 this 5. 6 r€Y-86-199? 16:33 9545661592 e.w The Cotlnty Commissioners'at a duly noliced Publ heanng conducted in with 5255.20,F.s. (19S5)'has determined d found that the time competitivelY award this Po!:c't would materiallY the cost of this and creale an undue burden on lhe public health'and general welfareto elaYing lhcsc vital and much needed improvements Board of CountY Commissioners has further determined the instant contrac-t' propoeed to be its public, cornPlYthe aPplicable construction dranrings and d ntsTheconbacts entered into bY the Parties are in the best inbrest of the and with aPPlicable huro, and albu/an epedited proiect time, 4. IEBM. The term of this Agreement shafl bo for a commencing on the Effective Date as d€ftrEd in Sec{ion 26 earlier as Provided in ttris Agreement' ctron fund account for v lmpro\rements ees and $23S,754.00 on fund account rn of $239,754.00 in for the Roadway m of $2,139,75'4.00, is shall make monthly the draw requests in this Agreement' Mass Transh lmPact un. The cogt of of the Roadway lmpovemenB iontemPmeo b bePaid ftomthe Fund indude design cosb' +f-way acqubition cGE,including @nsuttant fees'I fees, recording right transfer bes'enginee ring and archlEd fees, Permit surveY fees, utilitY and bond reloca on cosis.of he attomey fees directty retated to the exceeds thematerial and supPlY cets associated with the ln lhe event fie oost of the RoadwaY the Roadway Developer sldl Pry all c6t$ to * 4 The a buMing conbac'tor fees' of the RoadwaY lmpronerneots. Fund Mon'tes' lmplovcrnents- catrr 2nc 5-klE_ r == ' -' *_' 88. 9S flAY-86-199r/ 16:33 depiction of 9545661592 F,.EB {€s. Monies acquEition or condem n and construction of eae*enasqre standards and Design Plans shall be tend red to the Counv and days of their receiPt' any other applir.able applicabt standards. within such thirlY ! 'ithin En (10) amended, to the CitY , which shatl not be DevdloPer and the nty shall begin the nation ofthe rigftt-of-uaY necessary the constr.rction ol the as follors: shall cause to be ce with the AngbrsRoadf@ for Ure Rigtil- an+sna*Ue RoadwaY lmprovements (a) The Right{t-\lhy rrEps- the ourent baseline ot the shatl withoul limitation' a for tlre RoadwaY cot (lt sII DSe: plans CountY and City shall ofthe c€uSg !o be crealed Plans") tor the exPansion or rn accordance wih all licensed bY Plans and slgnals,street required bY each paid from the Fund and approval. r€view, or cause the review or delaYed- srtch for that in S-Lltr- r:i:" - "" (b) (c) 6 mAY-86-199? 16:34 9545661s92 P. 09 County in accordance ragraPh 9E herein. which consent shall be all offers to Purchase to the owner ofthe of the legal ership for all or Part of with apPropriate the Right-of-WaY' then conveY title to n of the Roadway particiPants in the shall have the right, in vYith a Partiallar of @ndemnation ownefs parcel their conneYance of , sard instruments CounV by DevetoPer, shatl be delivered of arry Pcrtion ll adopt approPriate proceedings tor hundred eigtrtY (180) ftom the DeveloPer and Gquesting (ii) an ournershiP ngme and and entities with or interests not of rity R-Ight-of-Way. of the Rigl'it'of- 16s sctledule and Procedures outlined in Upon complding the Acquisition bY 8nd occr.lPanE bpropertyorvrlers, leeqees' way such tte CountY initiate such (l) r"dtten calender daYs and insPecbon cil tfre Parcet:afld (iv)an report fur the Percel prepared bye sffite certified general real appralser with recent rem eo rsol gu tlea 5-tjE- l :':J' r "-' " All or ining in the Funtl the acqubition of e the des'rgn and County's aPProval 9S above' approved ParaglEPh of the ihe issuance of all approved Roadway hall mean ac'tual' 1+o. (a) The City strall prov'nje sdf,eietfi p[ dean and of Roadway lmProvemems' DeveloPer shall Eegment date or Prior to Pro Shops regional shall mean approved RoadwaY All etig ible costs sha[be paid fll for tfie consffuctton bord req uirements to incorporating them inthisAgreement .BYvmY Nothhg 121. 7 IFY-45-199? 16;35 9545661592 P. 1g I costs altowable damages'and pursuant to tfrc terms of anY balance or the any,to defreY the il anY, for condemnation shall be Paid from any Concurently wih, Corrstruction of Segrnents'following the Monies. irom (b) (c)incorporate payment and Flotida rn into the constructi'on contracts. assumPtion 1,Broivard apPmval for co UA )A t6 RoadwaY 1et- 14. appliBbla to serviae$ and ConEdors- Based on the Draw DeveloPe r, the CanntY shatl nrake Prcgrecs Paym€nts tro below. The Period covered ry each Draw ending orr the last day of the month. Provided the Request not [ater than the first day of Ure moflth, the to the DeveloPer not laEr than the thirtieth (3O) day of event the Draw Request is not received bythe County on the County shall make PaYrEnt tothe DevdoPer its rec€iPt of the Draw Request.Wth eactr Draw Request' to Counv coPies of lien releases fiorn tre Contractor' receiPted invoices or invrices with check required bY CountY to document ests set forth on the D€veloper snd any suppliers or anY other per$ons or entilies lumishing servic€s or materials Pursuant to thas Agreemefit to as "DeveloPer and cofitfacloIs )are independ Agreement.Nothing contained herein shell con6fJtute create a Partne rship, ioint venture, Joint beMeen County and DaneloPer and Conhador6. and Gontmdors shall be bY emPloJees of the subiect to the $u ion bY DeveloPer andpervis emploYees or ageds of the Coufity' Personnel Policies tar(responsibilitiee, employee benefits,purctr*ing pdiciee and rendetEd under this Ag I F1ffY-66-199? 16:35 9545651s92 P. 11 CountY or both maY the state of Florida lmprovements- of and Pehlion for the funding. uesB submitted bY the E eveloper as Prcvided Request shall one calender rnonth rrty receives the Draw shall rnake Payment same month- ln the first day of the month' not later thiily (30) days a{ter shall submit rs and suPPliers' voudrers attachsd any other evidence Request. subconbactors suPPlying any goods, collectively referred ent under this be construed to be or enrployer, or any other dual relationshp prwided by DeveloPer and Contractors and and not as officers, and heallh insurance' orffrer simihr procedu res reernent be th(rse of Developer rhat the Gsnsbuction the Contrac'tor(s): (a) nty Crnmiesioners of and emPloYees' by anY Person connected with th€ lmprovements; lh the same; or bY use of 't53. Social Security COUNTY. DweloPer lndemniff and the Brolard CountY'The CitY and 16e of r materials or by or on account of any or omission of any , agent,servant or emplo)'ee of the Contrador.(b)Contracto(s) shall at its/their sole cost and expense'any tegal actio daim or proceeding by anY Person against the County,the Board of Corffniss'loners Broward county, the City and the State of Flodda, heir and employees asa result of arry claim'Eutt or cau3e oi action acc,or in anY way arislng out of the crnsruction offte Road\xay lnprwemenb'to body,lib, timb as set forth above. (c)Contac-tor(s) Ehall Bave County, the Board County, he CitY and State of Florida, theiror of ommbsionels dBro$,ard agent5 and emplo)rees hambss frorn and against all i , orders, decrees' attomey's fees,co€ts, expenseo and liabifitic incuned m about any such claim investigation of defense thereof,which maY be entered,or assesSed as a result of the foregoing. with the Plovisions entered into for the Roadlvay with the Provisions suppliers or any other or materiats pursuant as "DeveloPer and Contractors". (a) CIVIL RIGHTS COMPLIANCE discriminate 4gainst use of race, age' property County C 165. l- 6tatus, Physicat OI and Contraclor$ are emploYed and regard to race, age, status,physical or shall include. but pgrading demotion,u layofi,termina$on, and condltion6 of ii.Developer and Contac,tors shaI comPly Disabilitiee Act'including Title I and nondiscrimination on the basis of in the course of Providi any services funded Brcn/,rard Corrnty' s lhe Americans with Title tt, regarding in state and local oovemmeflt seMces' "in wnob or in Part bY r.1AY-g6-199/ t6:36 9545661592 P .72 listed below, shall include r€quiriog listed below. reiened to lhis AgEement are hereinafter the following,not be limited to' transfer,recruitment or recruiknent cates of PaY,other foms of comPensdion' ecro DeveloPer and Co tractors shall establis written Polues and by DweloPer anC d. s##freffi'T;*5""1'1tffi:ri'iiilil#"ffi t'n-'taudethef ollourins: (a) y;s:H t?[ffi?H#S]T,l",#',i"1'fl applicable federal laws' procedures prohibtting Eexual haE$$rne Contacitor's emPloyeeB, agenE, or servants LtC RECORDS ACT County,Oeveloper and Contractols acknofuled that theY have an of the Florida Publlc obligatio n to comply with tle disclosure requ Records Act (Chapter '11 9,Florida Statutes) to the it is applicable to this Agreement. PUBLIC ENTITY CRIMES ACT(c) 18Q ln accordance with tlP PtrblicEntitY Crimes Act (Section the convl vend 133, or list maintained Flodda Statutes) by ttre S:tate public entity of Florida crime maY Depadment not submit placed on of Geneml Services ng a conviction for aa person or affil iate who has been or services to the a bid to Provide any g CountY, maY not submit a bid on a contract with the for the construction or rep airofaPublic buitding or public work,rmy not bids on leases of real propefi to the CountY'may not be awarded or work as a contractor, supplier,subcor rador, or contractor under a cor(ract with County, and maY not conduc.t business with lhe Cor.rntybr a period of 36 month from the date of being placed on the convicted vendor lisL Molation of this by Developer and shall result in tennination of this Agreernent may cause Contractors Conhadors debarnEnt- (d) PREVAILING WAGE RATES No. 83-72, Pmviding activity of $250'000 or ll laborers'mechanics of similar skills in S,ecretary of t-abor and is attached hereto)' to the ployees in comPliance otFlorida end all 10 f}?\'-65-199? 16:3?9545E61592 and a Published DeveloPer and Contraotors construGtionthat, in all more. the rate of wages and ftirge shall not be less than those a required by for the Roadway se (b)LiabilitY with a fimit ot one Hund 0O,000.00) Per acckjent. ComPrehensive General UabrlrtY lnsurance with Hundred Thousand Dollars ($soo,000.00) Per limitfor BoditY lniury Liabiliiy and Prcpefty Damege be afforded on a ,om no more festrictive than Cornprehenshre General Uabiliry Poli:y, wi0tout filed bY the lnsurance Services Office'and must Premises and/or OPerations' 'Jffif#""Sff ffifS;operations' Underground Coverages' COUNTY and lhe Broward COuntY Board of Gouilty nemed as additjonal insureds with respec't to liability performed for COUNTY bY or on behatf of CONTRACTO omi$sions of COUNTY in con nection with geneml Notice of Cancellation and/or Restricton:The polisY(ies) musr COUNTY with thirty (30) daYs notice of ca ncellation andior 17. COUNTTS RIGHTTO TERMINATE CONTRACT (a)lf DeveloPer or Contractor fall to begin construstion of lmprovernent Segment PUrBU aat to the perform the work with sufiic'tent workers and eq rnaterials to insure tlEplorlld cdnPletion unsuitablY, or cause iltobe r€iecbd 11 (d) (e) r€Y-66-199? 16:3?9545661592 P.14 supervE Thousand Dollars um limits of Five combined slngle . Coverage must btest editim of the endo6ements' as rs are to be n9 out of operations or negligent acts or of such oPeration. of Three Hunded single limit for Bodily be afforded on a form Liability Policy' office and must endolsed to Prwide insurance Policies as an additional evidencing that the apprwed RoadwaYnnffiilor fail totine frame in or with sufficient of tle wolk' or perlonn the wotk as de{ective unsuitable,or $hall wfth minimum include olvned vehir:les and hired and DEVELOPER shall Provide to Gounty a certrfied cDPY of such policies or in the atternative a policies at the time ctnr€ ncE tet en 5-CiE-lJJ, J *- (b) 1eg 2€Tg. DRA INAGE EASEMFNL--=";;["nt across the lands discontinue fail to Perform anyif or if Developer or Contractor shall become pt,or commit any act af baril(ruPtcy or ignmeot for the benefit of creditors, or for any not cany on the Proiec.t in an accePtabl+ writing to Developer and/or Contractor and or defautt,speciMns the sarne. lf DevehPer of ten (1O) calendar dAts after such ndice, therevltith,then Cou nV may terminate the seruices Contactor exclude DeveloPer and/or Contrador ftom the prosectttion of the work out of the hands of Deve and apProPriate or l.60 any or all materiab and rTEy be suilable and accePtable'ln sudr case' shall not be entitled to receive any furher payrne comp Ieted. ln addition, GountY maY enter into an agree of the Project according to the termg and p 6uch other methods as m CountY's sole balance,then Developer andlor Conkacltor Counv the amount of said ex@6s' or in progress. Develrper herebY the orosecution of or iontractor shan the wori< Pursuant to th described h ExhibitES: of irstalling , conslrucling, mellthining and repairing DeveloPer and COUNTY aSree to coordinate of the dminage facilities within the easernent costs associatsd with the oonstruction the Con struction Fund Monics shal be used for arry 12 f€Y-@6-199? 16:38 9545661592 acfepted schedule or I Erm set forth in this or be declared or shalt make an other whatsoever shall manner,may give notice in theirS of such dehy, neglect aM,lor , within a Peliod shall not in accordance of DeveloPer and/or Project site and take andlor Contrac'tor, on the Project site as andtror Contractor until the Proiect is for the comPktion rovisions of is Agreement, of use oprnlon il exceed the unPakl shall be le and sha$ PaY to , Developer and/or unless the Notrce of availabte to County and such other whether completed under this Agreement Pro DevebPment. h6 not comrnelrced ate this shall mean the and shall not grafits to unty a 20' drainage hereio for the PurPose underg dieinage facimies. with each as to the constru ction COUhTTY be of these drainage responsible for all . No monies from of these drainage ei:Et,alt e21 DO Upon receipt of Notice of Termination as set furth Contrac-tor shall d'scontinue all affected all data, drawings'esfirnates' are on the ProPerty'the County may 2{{. facilities Each , acknowledge delivered, all such or cause to be done' acts. and a$suEln@s as shall be reasonablY by the other PartY in er to caffY out the intem of this Agreernefit and give effect Wthout in anY man ner limiting thc nd obligattons set forul this Agreement, the specific rights a re their intention to cooperate with each r in the effecting of parties hereby deda the terms of this Agreement. This Agreement is intended to be and I be construed as a aa7 244. 26,4- 264. 27$ 22n, PEBS-OIIS-EOUND' binding upon' inuring ffi -HiH',t'**iffi ;i""i':?'s to the benefit of and erforceable bY the Partics hereto' the Parties heretD to ifure of Performance , or be construed to shall be effecttve asserted. AnY such which it relates and waiver. No claimed the Parties unless in This Agreement ings, covenants, APPLICAB.LE LAW' enforced in accorda This Agre.ement shall be govemed bY,nstrued under, and nce with the laws of the Shte of Florida. !trNU,-L Venue with respect to any litisauon mfi@ sh I be Broward CountY' Florida.headingsCaptions a in no waY tS for @rwenience and refe containd in th Aqreemer* are r,-itend. or limit the scoPe cfi intent of thb AO nor the intent define, desc'ribe, of anY Pro'Vision hereof is consent will not be 2sp. NOTIQES-All notices, teques6' demands or other 13 2S7. NONASSIGNABLE. .ThiS AgIEEM€NI '"t' ffi;Gf tll the Parties here'to' which shall not be assrg withott the writbn withheld. ications shatl be HA\'-@6-199? 16:38 9545E61s92 P. 16 No delaY or ornission bY anY such right s(1ned bY the Party whom itaqainst Thb Agreernent be addressed to the parties as iollouls: As to County:Broward County County Adrmnistrator It 5 S. Andreurc Avenue, Fort tauderdale. Florida As to CitY: As to DeveloPen Coonas ProPeItY Elliot Auerhahn, Director Devdo$nent 15 South AndIe$'s Fort Lauderdale, Florida Henry P. Cook, P'E' Director Frgineering Div'rsion . 1 15 South Andrews Ave Fort Lauderdele, Florida The CitY of Dania Gity Manager 100 W. Dania Beach Dania, Florida 33004 cro Bass Prc ShoPs 1935 S. CamPbell Sprirpfield, MO 65898 Counly strall not be 14 1 F. Ronald Mastriana, MasUia 2750 Fort l-auderda unless lhe address is clranged bY Notice shall be in writirg,ma'tled @rtifted mail, retrlrn prepaid and shall be deenred delivered address indir:ated.Notwithstanding the other oommunications refened to in fib AS federal express or other method of delivery' given only uAen received 3S2H. EXCUEEEE-I'EEEABMANSE'"-*' m,ra tlltooelopet's andlor HnY-86-199? 16:39 P .l? m 409 1 Diviston Room 4-240 , Room 321 1 rd na & Christiansen North Federal le, Florida the Party bY lke notice g when mailed or to the ottrer Parties' requosted, Postage hand delivery to the foregoing' notice'or demands or reement be sent bY telegraph, but shall be to hsve been Nohrisrstanding arqilhing this Agreement to the in defautt with respect 5-Lrtr- I =:', - ''-' 9s4S61592 ornt q.s tlAY-86-199? 16:39 9s4s661592 COUNTYROADWAY P. 1e to failure to Perform any of the tems,covenants and cond of this Agreement if to perform shall be due to anY stike,commotion, war*like o invasion, rebellion,hostilities, military or u power, sabotage, !o obtain anY mateilal or Eervice through Act of God other cause beyond I of DeveloPer or DeveloPefs contraclor(s)Coun$. IN WTNESS WHEREOF, the Parties hereto have and executed lhis County through its Agreement on the respective dates under each signafure: Chair, authorized to 997, and the CitY ofBOARD OF CountY COMMISSIONERS, eigning by and through execub same bY Board aotion on the ay of Dania, signing bY and through its tvtayor dulY authorized to same, and Coonas Property Comparry , signed bY and through its President,duly to execute same. COUNTY ATTEST:BROWARD COU , THROUGH ITS BOARDOF COU COMMISSIONERS By:Chair CountY Administrator and Ex-Officio Clerk of the Board of CountY Commissioners of Broward CountY, Florila -4al of 19 Approved as to by Ofice of CountY ey Broward Cor;n$,lorida JR.. CountY AftomeYJOHN J. CO Govemmental Suite 423 115 South Avenue Fort lauderdale,orida 33301 d TetePhone: (954) TekecoPier (954) -7600 57-7641 By AEsistant Attomey AGREEMENT AMONG BROWARD COUNTY AND CITY OF IA AND COONAS PROPERTYCOMPANY REI.ATINGTO THE USE OF B 15 r'.1 B5 MPACT FEES FOR ROAD IMPROVEMENTS' AND GRANT OF NAGEEASEMENT C|TY OF DAt'llA WTN Mayorcomm issioner ATTEST: Manager (CORPORATE SEAL) -'daY ol CityCleft __ day of APPROVEDAS FORM: City Attom€ry 1S_. 19-. City f€Y-86-199? 16:48 95.45661592 16 o lcl :)_LlE:_ t!'9 / J:1r /--r1 AGREEMENT AMONG BROWARD COUNry AND CrrY OF DAN COMPANY ING TO THE USE, OF BROWARD COUNTY ROAD IMP , ANO GRANT OF DRAINAGE EAS DEVELOPER S: print or tyPe name p nt or type name (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged befrcre ,19_,by ... 'as COONAS PRO PERTY COMPANY, e - corPora the corporatiory'Partnership. He or she is PersonallY produced My commission exPires: 17 ) ) ) J5 l'1HY-06-199? 16r:16 9545661592 P. 2E By Friirt Name: Title Address: _ day of tio AND COONAS PROPERTY Y IMPACT FEES FOR 19 this daY of _of on behalf ofto me or has a8 identification and who did an oath. Notary Public,ol Florida print or type narne .., : MG , .'.ul {.{r I .<r A,\yrlLrHl 5 | 1 A}\1- 954566 I 592 EXHIBITA BASS PRO DEIELOPERS AGREEMENT BETWEEN BRo1A'ARD COUNW. CIIY OF DA,NIA AND COONAS PROPERTY COMPANY 1 Angle/s Arienue, a fiourJane divided facility rvtrich shall elements: a. Roadrvay pavement and hase course. Curb and gutter and sideuralks. Four-foot paved shoulders. lnstallation and/ or adjust?ents to rmdway drainag Pavcment markings and signlngs. lnstallation andl or adlustments to roadnuay lighting. All necessary utility relocatiore and adjustments. All neoessary traffic signal equipment relocations a a All nece$sary ffic. $ignal and road lighting adjustmenb. j. Standard landscape, seed and rmrldr. k. Sleeving for irigation and landscaping. I. Roadside recovery and/ or guardrail wtrere m Securing all nece$sary pelmlts for oonstruction. 2, Access road from Angler,g Avenue aomss the CSX Rail b. o- d. e, ,. 9. h. l1rl/-a6-199? 76,t 4@ 9s4sffi1592 a four-lane dtuided ry include the following adjustments. uit relocations and P,21 5-yJE-t Y:r / 5:4..ta4 r- kuM t4ASlRlArvA/uRr5t1AN- 9545EiEi 15,512 tucility. a. #k*"rpavement and base .ourse- Su"u*and guter and sirJewalks.v-c. Four-foot parred shoulders. d, Installation and/ or adiustmerds to roadway drainage. e. Pavernent markings and signings. f. ln6tallation andl or adjustments to roadray lighting. 9. All necessary utllity relocations and adjustrnenk' h. All necessary trafiic signal equipment relocations and i. An necessary traffic signal and road lighting ad.justments. j. Standard landscape, seed and mulch. k. Sleeving flr inigatbn antl landscaping. l. Roadside recovery and/ or guerdrail where m. Securing all necessary permits for constmction. rk 5545E 6159r2 iustnrents. uit relocations and P.22 l'1Pl'-Eb-199? 1E,r 41 co i_l,b_ t:jY,,/ 5: ltUt,M FHUM T4ASTRI ANA/UH{ISI IAN- 9545661592 EXHIBIT B BASS PRO DEVELOPER'S AGREEMENT BETTTVEEN BROWARD COUNTY CITYOF DANIA AHD The 5'"rA{\P&4tD5 t*oritlrieat , - Mrr,,ilvrn 8*P to'PdEtlc-*\ffiP# A/ve- lfiun'?1 lWtO*{WzVtrl ?A+<Nt,t, 9 r+, #^is frttt Crt b\ l'14'i'-86-199? 1€,: 4L 9545E6159?F.:r- u/A4 RK?-U &,9ff P.23 5-(rtr- I YVl 5:49PM F ROI.4 I'ASTR I AI'{A,/LHR I ST I AN. 954566 1 592 EXHIBIT C BASS PRO DEVELOPER'S AGREEMENT BETI^'EEN BROWARD COUNTY CIJYOF DAI-\tlA AND C.OONAS PROP ERTY qOM EAI.{Y .DRAINAGE |MPROVEMENTS" l'14'r"-AE-199? 1E,:41 95.i5r,E 1592 P. 24 P- 2.1 5-r,,b- IVY / J5:49PM NHI'-86-199? 16: 41 95456615S2 FHUM \4A5IR], AI{A,/L]+I ST I AN. 9545861592 EXHIBIT D BEN^/EEN BROT'VABDMUNTT CITYOEIANIA AND COONAS PROPERTY COMPAI{Y .DRAINAGE EASEMENT" P. 25 ="'lzrEr-t :rY / 5 :,rJ-YrM F HUM r'tAS I H l Ar\r,\,/LHl 5 I I AN- 9545iiti 1 592 oo71o- EORI{ OF p4RroRHANcE EONp KNOW Al,L MBl BY TI{ESE FRESEI{IS i That ue trereinaft€.r ca].ted @rf,fRAcToR, a-nd surety, are bound to the BoaEd of Brorlard county, Flqricta, as obligee, herelnafter cal in tfre aDount of palrflent whereof coNlRAcItoR eTd surety bl'nd thetse heirs, executor€, adnlnistrators, auccegsors jointly and 6evera1lY. .I.IHmEAS. cONfRjaCToR has b':f wlitten agreeErent a Corrtract, Bid/Contrast tlo': day of COUIITY for Doctments Pre.tr}ared bY .-- I,trrposea of th16 Bond aie heteafter ref,erred' ncontracErt; fHE Co!{DITION oF TIIIS EOND i's that if CONTRAqFoR 3 L- PerforDs ttre Contract betlJeen CoIxfRAffoR and construgta Part- of manrter pr 2- Pays couMfY aIl lo6se6, danag€s. exPenses attorneYa f ee.s irrc].udjng app€ COUtillrY srrstains as tbe Corcract- i and a result of def cAr#170-rRH o9 | 2a 193 COMPOSITE EIHIBIT''E'' ioD 6f - ,this Bond bY reterence, escribed Ln the Corrtract NAY-O6-1997 16:42 95.15E61592 P. 26 CountY Dollars (S as incipal , a6 of clcgMI'Y. ) for the , ttreir as s ig:ns, tercd into t.he P. 26 i-n accoldance witlr , ?ith Contract Contradt for the to as tire colrlflrI forbeing Eaaleand in the costs andinEs. ttrat under 19 f.rhi the contlaat the tfurc and 11ate Proault bY Docutlentc aEe bY reference rqade a parE hereof ' {:olE >-14rt -t :r::t/ 3:lllrPM r- HUM r4ASIHlAr\y\/uHrSI i.AN- 95456€ l5g2 3 Pefformd the guar anteb of aI] r,rork and E.ateria under the contract for ttre tiue specJ-fied in then TETS BOND IS VOID, OT*TSRWISE I,T RE}rJLTN5 A$D EPFECP. llbenever coNTR LcToR sbal] be, and decJ.ar€d be,in default under tlre contract, COlrEFf cOUH'lEc,s obliEations th.reunder. ttre Surcty reDedy tie default,or shall PrsEIrt\,; 3-1" ccofrLete tle contracB i|t accordance wi and conditions i or 3-2- oDltair a bld or blde for c@pletlng etre accxrrdaDce r.ith itB te:rEs and @Dditdetertinatlon by surety of tbo lowest Bidal€r. or,if CAI,MIT eLects, uPolt COllNlY and surety jointlY of the 1osest Bidder, :rfranEe for a contrasb betreen arta CoIrN[Y,and uake aYailable as (even - thoug :there Bbould be a de succession of defaulta urtder tlrecoIrlractB of coupletion arraDged Ilaragrraptr)co'lpletLon sufficient funda to PaYIeas the balance of the conbut not exceedlng,includi:rg other danages for !9hicb trre surcty DaY bereunder, thc arourt set f,orthparagrraph bereof - :Itre ter|l[contract Price, u as used in this thereto; leas ttre aiount lroperly paid' CONTRBCA\OR. No tight of action shall acErue otr this bond us. ol any Perssn or corporation other than heretn. aean ttre total aDount Pa.YabIe ry @NrRACITOR under the Cortract aBd The Eurety herebll saivcs rrotice of and ctrangcs in or undes ttle contraet DocuDentsor8alltiesdoes not aff sigmed arrd sealed tbis 19 day of or nonconpliance with anY f,contract or the changesobllgation under ttris Bond - cAr#170. rE[.{ 09 l2B 193 t'1AY-66-199? !6t 42 9545661592 P.27 furni"shedConfaeti FUI;TJ BORCE e t ..ba]' cot NEt to rrerfortedpE@IrtIy its t-rns Contrast in/ 6rral uporl EesporEibletion byresponsible such Bidder progrea6erEault or aorthis ase Eic€ icosLg andbe lialrlethe firstof tle , Ehal,I@mlry to aEendDentg clqNrY to or f,or tlre named that anyc6ptiancetith theSrrrety' s cogt of P.2/ PGrra[raElI .!()TINtI\ 5-C,b- I Y:i / .J: -aJPlrl WTIIIIESSES: ( CORPORATE SE,AL) I'N ITIE PR"ESENCE OF: cBr*170 . FB!' oe | 2A /e3 l4A'rl-45-199? 16: .13 9545661592 P. 28 FHUM MAS I RlAT\A/URT5 I 1AN. 95456EI5S2 FoBu or PE-RFoET{ANCE Eo,ND {continued) By ofl P- 2A (TI?e aEe TNSgEANCE Address (c TelePlrone No. : and 1e T es () ) telZ ei --..Eo_ l :,J/ 5: :fts,i,'vl OO?2O. FORI.T OF PAYHETILEOND KNOW AI,! UETI BY TflESE PRESENIS: Ihat we hereinafter aal].ed, colflERAgIPa, and aE sur€ty. are bound to the Boar-d of courty Brorrard couBty, Florldla, as obligee, bereiraft€r sa i"n the arount of ($---) for il.e Palnnent altrereof a contrast, Bid/Cohtract f,o.: day of for Doc'unents prePared by Contract Docuie$tE are by refereDce Dade a Part the tr,r:rlroses of this Botd are bereafter r.cdrtractn ,' qHE coNDIUoN OF TEIS EOND ls tnat if CONIRACAOR: Pays CogI{:fY alattorneya feeteoulfff Eustainseontract; afld caF#170.rRlIoel2Ele3 bind theu.EelYes r. their heirs, eaecutors, adli suc(resaors and assiglg, jointf.y and sev€rally' 1 I,IAY-66-199? 16:43 9545661592 P. 29 rrEmEAS. @!XIRACToA, has by trritten agrseEe"t rl.(UM MA> I tl I ANA,/Urlxl s I .!Ar\. ::b45bb I E,:rZ rds PriJrcipal, oners of col]}lltY, DoI.]-ars aDd Sureiy tors, i-nto tlre , L9--/.sith COUIIIY l-n aocordance t Ltb cortrast rr1,rictl f, and for to aE the I losseB, daDages, eixPenses costs and lncluding apP,elLat€a . ttrat because of default by under ttre Y- 29 ed coml agal E.TI€ 5-t b- lvY/ 5:5 I rrr TrEl,l Cottl[RAcTOR ,s oBIIGATIOI{SSAIjL BE VOID i STIAT,I, REI{AIN IN FTIIJI, IDRCE AND EFFEqT SI'BJECT, TIIE II'ITOI|I$G COXDITTONS 2.1. 2.4.No action for ttre laborr rlaterials, or be iDdtit uted agaillst coNl[Ri eroR dr unle,Ee ttrc Dotices gtated undBr c€nditiona (2.1) and (2'2) have been g a.4.under tlris Borrd uust 'l,eAnY astion adcotd,arrcapiovisions P:re with ihe N Esrlled inotiae and ltiDe,' Eection 255. os sta"tuteB- Itre SuretY hereby sal.ves notice of and cha:rges in crr utrder ttre contJaet Docrr€lrts or noncoDpliarrce rith anY f or:na1ities @ntre c: or ttle ctranges does not o]tliga tion under tlt iE Bonal. signcd 19 Enit s€3led t.tlis day of car#17O. EBII osl28le3 I'HY-86-199? 16:43 9545661592 as![a fined bYj.als andin tbe 1n privitY SE IT TO pal'Dent , {ittrlnfurnish af,fect that he COIf,T&AC'!ORts lalcor.inety (90)or afteE swlpIies,y. rrritten deI iverl' Bay e surety Pr6ceding tuted intioos ). Florida that arly couirliancerrlth the SuretY'5 P.3A ofH ecel e.onnEll 5_46-19y/ _:-?! r r.' (continued) )Nane(ATfEsft: ( ooE,oBATE SEAL) IN T1TE ?RBSENCE OF: clFrlTo'rRH os l2s 193 By (s and T (tlEP NaPe r 5 INSURANCD couPlNlI: (c ty ls a Teleptrone No' : a ) n" ) tf.lf-g6-Lgg? l6t 44 es45661592 P.31 R Adcl.ress: (:a e4 E 4l t1 RESOLUTION NO. A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING AGREEMENT BY AND BETWEEN THESTATE OF FLORIDA DEPARTMENT OF TRANSPORTAT]ON, CSX TRANSPORTATION, INC., ANDTHE CITY OF DANIA COVERING RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES AT CITY EXPENSE; SUBJECT TO APPROVAL BY BROWARD COUNTY OF THE TRI-PARTY AGREEMENT, BETWEEN BROWARD COUNTY, COONAS PROPERTY COMPANY AND THE CITY OF DANIA, RELATING TO THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES FOR ROAD IMPROVEMENTS AND GRANT OF DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the certain agreement by and between the State of Florida Department of Transportation, CSX Transportation, lnc. and the City of Dania, subject to approval by Broward County of the Tri-Party Agreement, between Broward County, Coonas Property Company and the City of Dania, relating to the use of Broward County Roadway lmpact fees for road improvements and grant of drainage easements; a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are directed to execute same. Sectio n2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 13 day of May 1997. MAYOR-COMMISSIONER ATTEST: CIry CLERK. AUDITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY 2 RESOLUTION NO - Page I of 5 STATE OF F'LORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF PUBLIC TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DE!'ICES AT CITY EXPENSE SOUTHEAST CORRIDOR ONLY COTJNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & fuW NUMBER 070 s.R. 818 Broward THIS AGREEMENT, made and entered into this _ day of _, 19_,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the DEPARTMENT, and CSX TRANSPORTATION INC., a corporation of Virginia, with its place of business in the City ouatks.g-ryillp_, County o{Duvgl , State olElerilll, and authorized to do business in the State ofFlorida, hereinafter called CSXT and the CITY otDauja , a political subdivision of the State of Florida, hereinafter catled the CITY. WHEREAS, the CITY is constructing, reconstructing, or otherwise changing a portion of the Public Road System, designated as Job No. 86070 , on S.R. 818 (frontage road) , which crosses at grade the South Florida Rail Corridor and CSXT easement at Railroad MP: 1016.23 FDOT/AAR Crossing Number 628272-R at or near-Ilalaudgrdalq, as shown on CITY's Plan Sheet No._, attached hereto as a part hereof; and WHEREAS, the DEPARTMENT and CSXT entered into a Purchase and Sale Agreement for the Rail Corridor described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property, and CSXT retained an easement for Rail Freight Operations within the Rail Corridor, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement entered into on May 11, 1988, by CSXT and the DEPARTMENT (hereinafter " the Phase A Agreement"), and made a part ofthis Agreement by reference thereto; NOW, TEEREFORE' in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. The CITY intends to construct and maintain an extension ofthe existing at-grade crossing to be designed as a frontage road, and necessary approaches thereto, across DEPARTMENT's right ofway, over the tracks and through the easements retained by CSXT at the hereinabove location. 2. CSXT will provide, furnish or have fumished, all necessary materials required for, and will construct at CITY's expense a Standard Railroad Crossing Type "R" Full Depth in accordance with the DEPARTMENT's Standard Index No. 560 by reference made a part hereofas well as automatic railroad grade crossing traffic EXHIBIT .,A" 86 (frontage road)40 (86070-24031 WITNESSETH: P3ge 2 ofs control devices at said location in accordance with (1) the attached detailed statement of the work, plans and specifications; (2) the cITY's plans and the DEpARTMENT,s Standard Index Number 17gg2; (3) DEPARTMENT's Procedure No '725-080-225 "Reimbursement", dated November g, 1989, and Rule 014 46002 "Responsiblity for the Cost of Railroad/tlighway Crossings,,, Florida Administrative Code, dated July 22, 1982, as amended and any supplements thereto or revisions thereo! which, by reference hereto, are made part hereof Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing in accordance with the Phase A Agreement. The initial construction cost shall be paid by the CITy, and shall not be paid from the Maintenance Account established in the Phase A Agreement. After tie construction of the crossing is complete, the CITY shall be responsible for the maintenance cost ofthe highway roadbed outside of the railway ties. However, it is expressly understood and agreed that the CSXT and/or the DEPARTMENT may, at their option and upon notification to the CITY, perform such periodic maintenance work and bill theCITY directly for costs thus incurred that are the responsibility ofthe CITy. 3. The DEPARTMENT in its discretion, may arrange for the synchronization ofthe railroad crossing devices with existing or proposed highway traffic control devices at Anglers Ave and Frontase Road , and attendant installation of T MCL None ofthe parties shall disconnect the interconnection circuit orI change or cause to be changed the signal sequence without prior notice to the other. Each party shall maintain its respective devices, from the point ofthejunction box as provided for the interconnect cable. 4. Work contemplated hereunder shall at all times be subject to the approvals and notice provisions ofthe Phase A Agreement. 5. The CITY will reimburse CSXT for the cost of watchman or flagging service when the CITY's contractor is performing work in the South Florida Rail Corridor or in CSXT easement. Such costs shall be accrued and billed directly to the CITY. 6 (a)The contractor performing the construction for the CITY shall be required to fumish Railroad Protective Liability Insurance naming CSXT and the DEPARTMENT as Named Insured, in a combined amountofat least Two Million Dollars ($ 2,000,000.00) per occurrence, for all personal injuries, death, or property damage, subject to an aggregate limit of Six Million Dollars($6,000,000.00) per annual policy period. Said policy shall be written on the ISO/RIMA Form (ISO Form CG-00-35, or current form, with Pollution Exclusion Ammendment Endorsement ISO No. CG-28-31. CITY or contractor shall submit the original policy to CSXT and shall obtain CSXT'S approval prior to commencing operations. (b)The contractor shall fumish a Certificate of Insurance to the DEPARTMENT showing that the contractor carries Contractors Public Liability and Property Damage Insurance (applicable to the job in question) in the amount of Two Million Dollars ($2,000,000.00) at a minimum, for all personal injuries, death, o. prope.ty damage, per occurrence arising during the poticy period. Such insurance is to conform with the requiremenis oi the U.S. Department Of Transportation, Federal Highway Administration, Federal-Aid Highway Ptlicy Guide, Subchapter G,Part 646, Subpart d Transmittal 1 Dated December 9, 1991, and any supplements thereofor revisions thereof 7. The CITY shall bear the costs of relocation of any utility (wire or pipe line) or communication line relocated as a result ofthe construction contemplated herein, unless the original agreement creating the occupation of such utility or communication line company to relocate said line. CSXT agrees hereby to assist the CITY in the enforcement ofsuch original agreement, if so requested. Page 3 oi5 8. CSXT hereby agrees to install and/or adjust any necessary parts ofthe CITy,s portion ofthe facilin.and/or the DEPARTMENT's portion of the facility or equipment along saia road in accordance with theprovisions set forth in the DEPARTMENT's Procedure 725-080-225 "Reimbursement',, dated November 8,1989, and Rule 014 46002 "Responsiblity for the Cost of Railroad/tlighway Crossings", Florida Administratiye Code, dated htly 22' 1982, as-amended and any supplements thereto or revisio.rs theieol which, by referencehereto, are made a part hereof CSXT further agriis to do all of such work with its own forces oi by acontractor paid under the supervision and approval of the DEPARTMENT and the CITy. 9. Attached hereto, and by reference made a part hereof, are plans and specifications ofthe work to beperformed by CSXT pursuant to the terms hereof, and an estimate oithe cost thereofin the amount of$ 25E 000.00 . All work performed by CSXT pursuant hereto, shall be perlormed according to these plans andspecifications as approved by the DEPARTMENT and the CITY, and all subsequent plan ihanges shall liker.visebe approved by the DEPARTMENT and the CITy 10. All labor, services, material and equipment furnished by CSXT in carrying out the work to beperformed hereunder shall be billed by CSXT directly to the CITY. Separate rectrd-s as to costs of contract biditems and force account items performed for CSXT rhull ulro be furnished by CSXT to the CITY. I l. The parties agree that ftfty percent (50%) ofthe cost for the operation and maintenance ofthe grade crossing traffic control devices by CSXT shatl be borne by the CITY and fifty percent (50%) shall be paidpxrsuant to the Phase A Agreement, all in accordance with the attached Scireiute of Aciual Cost of Automatic Highway Grade Crossing Devices, said schedule being subject to future revision by the DEpARTMENT. 12. Unless otherwise agreed upon herein, the CITY agrees to insure that, at the crossing, the advancewarning signs and railroad crossing pavement markings will conform to the Manual for Uniform Traffic ControlDevices (MUTCD) within thirty (30) days of notification that the railroad signal improvements have beencompleted and that such signs and pavement markings will be continually maintainei at an acceptable level asdetermined by the DEPARTMENT. 13. CSXT has determined that the method to be used in developing the relocation or installation cost shall be actual and related indirect costs accumulated in accordance with an established accounting procedure developed by CSXT and approved by the CITy. 14. If the DEPARTMENT and CSXT concur that an upgrading and/or betterment of the crossingbeyond that contemplated in this agreement is desirable, then any cost associated with such upgrading or betterment shall be paid from the maintenance account providedfor in the phase A Agreement. Ifthe CITY wishes to upgrade and/or better the crossing, such upgrade or betterment shall be paij for by the CITy. 15 All salvage value of materials resulting from the work contemplated herein shall be subject to thesalvage provisions ofthe Phase A Agreement. 16. Within one hundred eighty (180) days after completion of the work, CSXT shall furnish the CITywith two (2) copies of its final and complete billing of all costs incurred in connection with the work performedhereunder, such statement to follow as closely as possible the order ofthe items contained in the estimate Page { ot'J attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material, and supplies, handling costs and other services shall be shown in such a manner as wili permit ready comparison withthe approved plans and estimates. Materials shall be itemized where they represeni majo, "o-pon"ni, ofcost in the relocation following the pattem set out in the approved estimate ur.lor.ly "r.por.6l". 17. Should said crossing be abandoned, the DEPARTMENT may, at its sole discretion, remove said crossing or otherwise control or use said crossing as the DEpARTMENT desires. 18. The CITY covenants and agrees that it will indemnifr and hold harmless CSXT and all of it,sofficers, agents and employees, and the DEPARTMENT and all of the DEPARTMENT's officers, agents, andemployees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect,omission or delay by the CITY during the performance ofthe agreement, whether direct oi indirect, and whether to an1,person or property to which the DEPARTMENT or said parties may be subject, except that the CITy, nor anvof it's subcontractors will be liable under this section for dimages arising ouiofinjury or damage to persons orproperty directly caused or resulting from the sole negligence of the DEPARTMENT or ury of it, officers, agents or employees. PaBe 5 0f 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their dulyauthorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF T'LORIDA DEPARTMENT OF TRANSPORTATION BY ATTEST Secretary CSX TRANSPORTATION, INC. ATTEST TITLE R. K. BECKIIA}T, CHIEF ENGINEER . -ENGR.DESIGN & CONSTRUCTION vrcx lBrisi-ir i:-;l sr:caut,\BYc *SEAL* *SEAL* *SEAI,* CITY Of DANIA , FLORIDA BY ATTEST Clerk Approved as to Form, Legality and Execution By Attomey, FDOT arVragrem I .wpd(efr) STATE OF E'N.ID^ DAP^RT,MEA'T OF TNANSI'ORTATIONRAILROAD G' 'DE CROSSING'TRETFTC COITNC DEVICES T IL C!T,INTY SECIION JOB NUMBER ROAD NAME OR }iIJMBER PA.RCEL & R,/W NUMSER FAP NIAGET 86 070 sn ars 1r[3ntas1 40 (86070-2403)NA COMPANY NAME:CSX Transportation Inc. A. JOB DESCRIpTION & LOCATION: East/West Fronta ge Road for SR 818 (Griffin Road) B. TYPE OF ROADWAY FACILITY: C. FDOT/AAR XING NO.: 628272-8 -?1' Lane w/sidewalk, curb &utter2 D. T'I'PE SIGNAIJ PROPOSED I I I P.R MILE POST TIF:SX 1016.23 -- CLASS DOT INDEX: 17882 SCIfiDULE OF ANNUAI COST OF AUTOMATIC HIGFTWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS I iI u IV Annual Maintenance Cost Exclusive of In '.sll:ticn DESCRI PTION Flashing Signals - One Track Flashing Signals - Multiple Tracks Fiachfurg Sigaals aad Gates - One Track Flashing Signals and Gates - Multiple Track COST- s l .63 7.00 52. r66.00 s2,468.00 s3,098.00 AUTHORITY: EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW MPLEMENTED FLORIDA ADMINISTRATIVE RULE 1446.002 Responsibility for the Cosr of Automatic Highway Grade Crossing Traffic Conrol Deviccs luly 22, 1987 334.044, F.S. 335.141, F.s. *This schedule will become effective July l, 1996 and will be reviewed every 5 years and revised as appropriarebased on the Consumer Price Index for alt Urban Consumers published by ttre U.S. b"prn."nt of Labor. *arar- ,-a, @ COT,NTY NAME Broward STATE OF FI'RIDA DEPARTMENT OF TRANSPORTATION PROJECT SCOPE AND GENERIC ESTIMATES PROJECT LOCATION: Section No. County: Crossing No Company 86070 Broward 628272-B South Florida Rail Corridor 2 Gates w/flashing lights (l-21'and l-lZ') I Pedestrian Gate Controller Modification 84'Type'R" Full Deprh Virgin Rubber 60 Days Flagging @ $300.00 per day Generic Estimate Total location: SR 818 (Griffin Road) Frontage Rd. RR. MP. 1016.23 $60,000.00 $25,000.00 $30,000.00 $ r00,000.00 $18,000.00 This project scope and generic estimate was prepared by Edwin F. Radson, District 4 Railroad coordinator for purposes of preliminary budgeting, scheduling and Railroad Reimbursement Agreement execution. By execution of the attached Agreement, city of Dania excepts all responsibility for the costs associated with the frontage road construction project as stared in the attached agreement. PROJECT SCOPE Construct 2lane (2 direction) frontage road with sidewalk, curb and gutter. PROJECT GENERJC ESTIMATE Existing Signal Bridge -2 New Footers Shorten Bridge Remove Existing Footers Rewire $25,000.00 $258,000.00 PUBLIC TRANSPORTATION OFFICE RAIL COORDINATOR'S OFFICE STATE c,F FLORIDADEPARTIyIENT OF TFIANSPG,FITATION PUBLIC TRAI\|SPOFiTATION OFFICE g{ II Footer a 6.0'Footer Ic I 0 2.t' 6.25'Grass 2.0' I L.Exisiing signel Ibridge ---------------- an 48.25', 11.0' t a Proposed signal hridge Existing flashing ligltts and gate 15.0'r Propsed flashing light Sidewalk Lip ol curb and gutla ,- Sidewalk 2.0' 11 .0' 6.25', I -.4 6,0'2,0 2.0 [ip ol curb and gutter Sidewalk Proposed flashing lighb and gate (21.0'lon$ :- I] 0 6.0' 2.0' 15.0' '- Proposed pedestrian gate PROPOSED RAILROAD SIGNAL FLAN AT GRIFFIN RoA.D- / FRONTAGE R@AEE w/ THE SOUEFT FLORTDA RAIL COORIG@R &NE! THE CSX TRANSPORTATION ING. ? I I i FROHTAGE ROAD GRIFFIN ROAD 15.8' : I t, - RELOCATED RNLNOAD,.. SIGNAL BRIDGE 50.8': EXIST GRIFFIN RD ?' -A PROPOSED 6, CONC SIDEWALX I'9' r-xtsT coNrRoL B0x -t I -1 I I t-F -'l PROPOSED 6, CONC SIDEWALX Expansion of Existing Griffin Road Crossing WEST SIDE OFTRACK 6_25' 0 .020 .02 B 2 50.8': !25' EXIST GRIFFIN RD B,6 25'I ' 4.5't 9' z ,l a PROPOSED PROPOSED 6' CONC SIDEVIAL(6, CONC SIDEYIALX Expansion of Existing Griffin Road Crossing EAST SIDE OF TRACK 0.02 e ft 0 .02 I I I !II$ i {ia It {t s !- i QEi I I,I I { I t aI t at ! I S e! E B B :iE Isa itia\ is t l!:;l B : i.:- :Sltiii! ,i.':l!ii: :.. !lBr iEr ti i ! Eiiiattt 6r ) TE-l t.r R!eq3g!o d =ct E o I *I E B E tlt:n-pi ! sgEi-riI:ti ! Ittf iriiei t: istii;a-t : ll ;I .i-Fl:ln;I -ii W E q{ I e$ i4! i88; !ialt--a i E '.t il\ T EI .i) E at !.1t. !ltr- !li! ? I !I s t I I ii! ii I It c Ba I c Ia i =I\ ! I ts ts e B Etli I T;I I a q E I II Fi ItF ; : IiI E E 6i iiirtilid-ti.i! Er It c t. 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B.l8rl 3 ie ) , n.lt:.n f, I lg!! i !Eilii!ii iiiiitiii iiiiiiIi8i ' : t . rI ri:;iii[3; iltiiii !: :t 5stiirili 11 i liliiiiil!; ' i lll;r R E {- -_i-t_-.1 5 fE t. rlr:.LIA t" r I IIi sE Ie.t ; Iti! It s I I I !I ; I I E!I 3 a ! bbF B o o o e o !I i tt 3II rll IH I iI Ax.,to4e,.'on.' -r $ ? L,Cf L .olN5,.cl1d6,lb'd,'leet PAATIAL SEC|W P'.FALLEL fO RNL l r .,^,@olBsc<JlldE, l-s!r"v4 sfoP zoNt @ I @ t9.o t@.0 =EKI I AiLtl)-c*,x-f tt l,,r. r-Lr"-l h l-aJ sfcrov 88 4EAW ouff - FULL oEP|H RUAAER CROSSfifi f,IPE R FULL DEPTH E ,. aN4 6 t*t *.t q b dd t' tirrt. ,a @;,jt . e 6!,en'6nb'4, .. D.'.n' tu o. td ,tddr td t- lt daet..bn .at.,t tt ,q,1.n d t.'btb,a ,4@ T ++++ ++ RAILROAO CROSSINGS --saJ1 +E-- 5&'TYPES R RUBBER & R FULL DEPTH RUBBER " ls or s1..-..1 g-=t_---f--- I ".'' I l sd.lrk.'.uwl6'h,.,el'l,A.l-ce fER sxtu goE suu |YPE R -i rP, r--------7.--11 - t--$- t -i--t- t I - --.,] I-6- E - i-- R_ - 8- iII iiT' I l l E { ;!: r-lr -l ti i i E! lni {I I I I E !t :_8-tIr I {i- t Ii: ? !i altEs; 1!{Li d E t BI 6 ii i!-r! l,s[! 5 I] e A) T I3t ti! !3 tt I ti :F .I:l TE I ! iiiii! iiii:i iiiiri $i'ir a!aiiliii F trBx]riI de e E i '-ixt : iiiiiiiiiiii iii'iiiiiiii,ilt !iiiiiii illi'iiiiiiiiiiii'i'tt ir ; Ei i gi i : il i i! I I s! i rr ! I {; i iii'"iI T i !t ! I . iI E a If { g I Iit s\ :x-D rnt4 : a9 -U(4 E I i i I ! { s3 :- E$ R a I c I I \ a I Io\o rl I rlt*IJ: ltF lII b l-_bo a o o C) -! rl !iri I ai I I i ! i I It-r ilt l!lI| i EG tH__t *l +6 i, ts e B l'- PN -TtI '.t =n 1 I at s6 iE $a I I =* r* : I *a B ! E s I -T (ti s t E ! i a ita-a I i __1 F E 3 I a T: { I i I s t P t E a I r L, --+ J s i a G L -t-,+ i !I ti alt { _lL E t I t itt.i !|.N 1 uE*t S'B :x-D rrt -t a -n rn + It s E +-- iE + a a t I I i { I I!e I: :tq a 0 ;iI EI:! : I I E { t e 6 -lt!I'..1ea o It.D ET 6 = Ehi*\T:I!J IN, IYtnc Er r Ei !E 'il'rriri het. lI atiil! a!r Iti' ie Ii t JLJL -r I I-II J-++ qT II !{ $i -a- -l- -II+---i---tti 3 ttt--L-+-+-tttlrlTTTlll+++ttt ll IT I+ lllT-r-]-ttrJ--.t--.r-ttt I I I tI I ; tI 3 I I I IOro rllN -le' +r llr { I n t---o c) c) I I:!it; I!I I I n I tttl I u I ll I tt tt Ill I' t' I: t t. ttI' COASTAL *3'5' (3 ( -11 COASTAL SYSTEMS INTERNATIONAL, INC. 464 South Dixie H i ghway . CoralGables, Florida 33146 Tel:3A5/661-3655 . F ax )05 /661-1914 INTERNATIONAL 24061 oNAL, INC. May 8, 1997 Mr. Mike Smith CITY oF DANIA 100 W. Dania Beach Blvd. Dania. Florida 33004 RE NW l'r Srnrnr BRIDGE RENovATIoNs, cITy oF DANIA, BRoWARD couNTy. FLoRIDA ilear Mike: The project is being funded by Broward county community Development Block Grant Funds in the amount of $ I 50,000. Bids were received on April 14, 1997 with a total of four (4) bidders submitting bids. The lowest responsive bidder was Redland Construction in the amount of $161,000. During the period between the receipt of bids and present, coastal Systems worked with Redlands Construction to value engineer elements of construction towards reducing the bid amount. Plans and scope of work have been agreed upon to reflect a new lump sum award of contract in the amount of $ 1 52,500. Redlands Construction is a reputable engineering contractor experienced in this type of repair. I am personally familiar with their past projects and can attest to their professionalism and committment to timely implementation of work. In conclusiort, I recommend an award of contract to iLediancs Construction in the anouur of $152,500. Thank you for your assistance in the project to date, and if you or the commission have any questions, please do not hesitate to call. Sincerely, CoAsrA14ysKfr Kevin M. McCabe, P.E. Associate KMM:ad F:\PROIECT\24061\Correspordence\v (9?{5{8) LTR Mike Smith doc Coastal, Environmental, Civil Engineering and Managemenr SYSTEMS This letter is to submit my recommendation for award of a contract to Redlands Construction for rehabilitation of the NW l"rStreet Bridge. Background: OUNTY Mr. Michael Smith, Cit.y ManagerCity of Dania100 West. Dania B1vd.Dania, FL 33004 May 7, 1997 SUBJECT:Concurrence ProjecE.: N. of AwardW. 1st Street, C-10 Canal_ Bridge Dear Mr. Smit.h: Community Development Division concurs withrecommendation of award Eo Redland Construction in$151,000 for the above subject. project. tshe City'sthe amount of AEtached is a copy of concurs letter from DivisionEmployment & Small Business OpporEunity regarding SDBE. If Ehere are any guestions,(954\ 765-4910,Ext . 229. please do not hesitate to call me at It Ro ono Pro ect. Management Manger cc: Kevin M. Mccabe, CoastalEarnest.ine Tai, BCCDD System Internat.ional , Inc . ET/ (DainaC - 1O CanalBridgeConcursLet t ) BROWAPD COUNW BOARD OF COUNTY coMMISSIONERS - An [quol Opportunlty Employer ond Provide. ol Services of Equal Sin l. Cowon Suzonne N. Gunzbu.gor llene Liebermon Lori Nonce porrishNormon Abromowitz Scott Sylvio Poiiier John € Rodstrom, Jr D Community Development Division 201 S. Andrews Avenue, 2nd Floor Fort Louderdole. FL 33301 (954) 76s-4910 . FAX 765-4919 1765-4914 World Wlde Wob: http://www.co.broword.f l.us/plonnlng P.021-305-661- 1914Mav-Ol-97 1I:45A As soc i ate +3 a{(, cr,6 o_ aEo 9eob .t=EsIEFsEE:-ior;":-.0Ti,l!aaE9Eip!au@rgTE;8. Iz E I t iIt9I T -4 { ,a F c d; e- EI .i F B l! E a' ql o- t- 8d 5I ,9 E U ii E s €I I I I E a B P.A21 3A5 EE,1 1914MAY-A1-18ts? 12:49 _IrteJt]q I - 97 l1 : z164, Associate >. I -305-661- l914 P.04 Gqrl'runit, Dar.loparr.tlt DiYi.lon 201 S. Anore\ds Av€nue, znd Floor Fort Lq.rderdole. FL 33301 (954) 76t4ql0 . F AX 765"4919 i16549tA Mr. Kevin M. [ccabe, P-8. CoasLal SYstsem InternaEional, 464 SouEh Dixie Highway Coral spring6, Ft 33145 lnc Dear Mr. McCabe: A review of the bid Eabulation of the above subject project' indicates Redland Constructiofl for the bid of $151,000'00 has the lon resDonsible responeive bidder- shcreline Foundation did :lot submiE iETn requiremects information sR4 or SRs' CD is requesEing SDBE resPonse and- concurlarace for the second low responsib-le, reipongive bidder Redla'nd ConsEruction' Inc' AEt'achedforyourinformat'iorrisaeopyoftsheresPongelettex.fromni.ri.i"tt of Equal Errltllo)rmenE & small Business opportulit'ies concerning Shoreline Foundation. If there are any queEtions, pleaee do noE hesitate to call me aL ( 9s4) 76s-4910, ExC- 229. s j-nce!ely,_e -rQ o.t^t' Earnest. ine Tai soB.:r: Compl iarrce Officer Actachment (s) cc: Michael sniEh, CitY of Dania Ron Bono, cDD ET : L Id ( BIDTAAREVIEWDANIA) Bid tabu].ettd Revl€r, Projcct: N.w. Lst Strests C-10 C6I1al' Eridg€ -l*-- NfY CO*rUFtlc)NEI! - An !!uol CDp.d!,l't, t.nDloy.t orC lroYE r ol l.wlc.. l"1AY-61-199? 12:5A 1 385 661 1914 podbr .john I Qo.troft. -;r P.64 leov^m couNry lo^m oF colJ tiordrm at).<rnourn Scon I Co\^/on SlraY'€ N. Gu Li€be,r'|oo l-ai ilo.tcE For,th +,vlo wqE tf'd. u/.ts hltE//'rw co.Dro*ord.l l. ut/Erontrog 3! IE I rll LN-n Ngo N.w, 1.t Street Bridgs Ronovationa At C-l0 C!nal Dan3r, Florida Bid EYaluauon Trblc IBidi Recclvod {l/U971 =!/k I lo I F I {,1 l, t 0 Dd 0 I(, !,1 IooP I o lJ5 t^l ul s \! A frs L^l ! ---WUAcyE[;qEy!E_ Freedon Pipelinc Corn'---klhnd Co" |rc.T6EiiiI rounEtian Itqtt - Derription Demolition,| Substructure Repair2 Superstruclure RePatr - 3 197,900,00Ir61,0@.003300,000.00$143,000,00tSuhlotal t 21 500.0012,000.00$45,000.00$21,500.005Bank Stabilization 89,000.0o$15,000.0088,600 00$$r'q 000.00BPilinS 11 00,00$$ 47f000.0o1331600.@t$70,500.00Subtotal 400.0031s208,fi,o.00$433,600.00$213,500.00sCRAND TOfAt f:\proFct2l061 blval\A6 - gti.kdown T8bl6 Pags 1 AGENDA REQUEST FORI\4 CITY OF DANIA Date: 05-06-97 Agenda ltem #:4q Title: VA-32-96 - VARIANCE REOUEST BY FRANK A. JOSE Requested Action: THIS IS A REQUEST FOR (2) VARIANCES FROM SECTION 4.202 OF THE ZONING CODE; SCHEDULE OF LOG. YARD AND BULK REGULATIONS FOR RD€OOO ZONING DISTRICT. A SIDE YARD SETBACK OF 5'RATHER THAN 7'REQUIRED AND REAR YARD SETBACK OF 5' RATHER THAN ,13'REOUIRED, LOCATION IS 129 NW4TH AVE. Summary Explanation & Background: THE PLANNING AND ZONING BOARD AFTER HEARING TESTIMONY AT THE JANUARY 22, 1997 MEETING, RECOMMENDED APPROVAL OF THIS VARIANCE REOUEST AS IT CONFORMED TO THE CRITERIA FOR REVIEWNG VARIANCES SET FORTH IN SECTION 10.13 OF THE ZONING CODE. WENT BEFORE CITY COMMISSION ON FEBRUARY 25, 1997 AND WAS DENIED DUE TO ABSENCE OF PETITIONER OR REPRESENTATIVE. ON MARCH 25, 1997 THE CITY COMMISSION APPROVED TO RECONSIDER THE VARIANCE AT THE NEXT AVAILABLE REGULAR COMMISSION MEETING, Exhibits (List): MEMORANOUM FROM LEIGH KERR. PLANNING CONSULTANT FOR THE CITY OF DANIA; LETTERS FROM KENNETH M. MEYER, P.A., REPRESENTATIVE FOR FRANKAND MAYRA JOSE; MINUTES FROM MARCH 25, 1997 REGULAR COMMISSION MEETING COPY OF PUBLIC HEARING NOTICE; LOCATION MAP; PETITION APPLICATION; COPY OF SURVEY; LETTERS OF NO OBJECTION FROM NEIGHBORS, Purchasing Approval: Prepared By: LI(LC Source of Additional lnformation:, (Name & Phonel Recommended for Approval By: PLANNING AND ZONING BOARD JANUARY 22,1997 Commission Action: Passed ! Failed E Comment: Continued ! Other ! City Manager City Clerk 2//; ilt -CERTIPIED The Florida Bar ItAt t5lAIt tAw KENNETH M. MEYER. PA. ATIORNEYAT I,.{W 300 S. Pine lsland Road Suite 261 Plantation, Florida 33324 h Fax ) 382-1545 ) 382-1546 --t il\\ (vrA FAX AND REGUT.AR MArL) 92L-2604 April 3, 1997 City of Dania 100 West Dania Beach Bl,vd.Dania, Florida 33004 Attn: uichaeL SmithCity uanager RE:Our FiIe No. M1-135-97, Jose, Frank and Mayra- matters re Cityof Dania -variance and unsafe structures mattersCity of Dania-variance request vA32-96 and Unsafe Structures Case Us-96-008-Addition at North End of Building at 129 N.w.4th. Avenue, Dania, Florida 33004 Dear Mr. Smith: Please be advised that in accordance with my discussions withMarie Jaba]1e, relative to the fact that since the next City Commission meeting which the matter could have been placed on fell, on ApriL 22, 1997, which is the second night of Passover, which I observe, I requested it be placed on the next availabfe meeting ifit could be worked out on getting an extension on the enforcementportion of the affiliated unsafe structure proceeding. Since I got received verba] confirmation from Kenneth Koch onthis, I .rn now requesting that the reconsideration of the variance be placed on the agenda for the May 13, 1997 Commission Meeting. I and my clients thank you and the City Conmission forallowing us this consideration. If you have any further questions in regard to this matter,please feel free to contact me. very trul.y yours, Kenneth KMM/ f sCopies sent or mailed to:Frank C. Ad1er, City Attorney Kenneth Koch, City Building OfficialMichael C. IlerianI'1r. and Urs . Francisco Jose tm llr I t997 KENTNETH M. MEYER, PA. ATTORNEYATIAW 300 S. Pine lsland Road Suite 261 Plantation, Florida 33324 (VIA HAND-DELIVERY) Telephone (954) 382-1 545 Fax (954) 382-1546 CERTIFIED TIrc Florida Bar Itrt 6Il[ uw March 20, 1"997 Attn: Michael Snithcity Manager RE Our File No. U1-L35-97, Jose, Frank and Mayra- natters re Cityof Dania -variance and unsafe structures nattersCity of Dania-variance reguest VA32-96 and Unsafe Structures Case US-96-0 o8-Addition at North End of Building at 129 N.W.4th. Avenue. Dania - Florida 33004 Dear Mr. Smith: Please be advised that I have been recently retained byFrancisco (Frank) Jose and Mayra in regard to representing andassisting then in regard to tlro affiliated and interrelated nattersrelative to the property they own and utilize for business purposesat L29 N.w. 4th Avenue. Since only being apprised of the situation a fee, days ago andonly getting to review some of the correspondence relative to thetwo cases, I an sti11 familiarizing myself with the details of whathas transpired and !,ri11 within the next day or so fully review therecords of the proceedings in both cases and consul,t further withny clients as well, as the persons previously assisting thero ortheir successors who can stilt be contacted. As you and the members of the City Commission are probablywell aware this matter relates to a pending action which involvesthe possible denolition of an enclosed extension to the propertywhich was constructed at considerable cost and expense to nyclients, however without a permit. Additionally it appears that after they were cited and afterthey or their representatives subnitted architecturalLy drawn I'asbuilt{ plans for the addition to the Building and ZoningDepartnent, that it becane apparent that prior to the possibleissuance of any building permits needed to have allowed theconstruction and validation of the construction or for thecorrection any slight deficiencies in the structure was conplete i City of Dania L00 West Dania Beach B1vd.Dania, Florida 33004 city of Dania Ylarcl] 20, 1997 Page 2 were predicated on obtaining a lraiver of the side setbackrequirenents as the structure as constructed nay have beenconstructed slightly within the applicable defined setback Linitsfor the property. Based on ny current understanding of the situation, it appearsthat after being informed of the need for a waiver of the sidesetback requirernents a forrnal application for the extension was made by or on behalf of ny clients before the City of Dania Planning and zoning Department, noting that Planninq and Zoning had reconmended approval of the waiver or variance. As you probably kno!, my clients apparently and unfortunatelynot really understanding or comprehending what had to be done andalso predicated on sone language and communication diffieultieswere previously aided and assisted in the process by John H.Bartley, Jr., as well Michael Herian of McMichael Design. Michael Herian advised rne that he had agreed to be present andact as representative for ny clients at the city connission Hearingthat was last scheduled on the variance or waiver approval , howeverthrough an oversight or mistake on his part or on the informationhe received from John H. BartLey, Jr,, before his incarceration,lead hin to believe the hearing on the natter was on wednesday, the26th, of February instead the date of the actual hearing, on the 25th. By virtue of my client's language difficulties and fear ofpublic speaking coupled lrith rrhat he advised was either shortnotice or a short reminder, John Bartley's absence and the factthat Michael- Herian hras not present, appeared outside or at the commission room and apparently and unfortunately shaken up by thesituation and unfortunatety was not present hrhen the matter was cal1ed . This was not in any way done to be disrespectful to the members of the City Commission or any City personnel and ny clientsapologize for any intinations of disrespect or lack of concern ontheir part that uray have transpired as a result of this situation. In regard to this matter, please be advised that I did speakyesterday ldith the city's Building officiaL Kenneth Koch in regardto this natter as we1'1 as its impact and connection with thehearing currently scheduled before Unsafe Structures and HousingAppeals Board on }tonday, Narc}r 24, 1997. Af ter ny discussions !,rith litr . Koch yesterday, T immediatelycontacted my cLient as wel,I as I{ichael Herian in regard to theurgency of the situation as well as to verify the time framesinvolved and the extent and cost of any correcti"ve measures that would have to be taken if the variance matter was rescheduled forreconsideration before the city Commission at its next hearingdate, which f have been advised is Tuesday, Iitarch 25t l9g7 or aithe next meeting on April 4 or April B, Lgg7. Based on these parameters, Michael Herian for Mclr{ichaelDesign, a Licensed contractor confirned to ne that in his opinionthat only ninimal additional corrective or remedial- work would haveto be done and that he was retained to work on the matter and thatsame would be completed, if allohred in a relatively short tineframe after the necessary pernits srere obtained. City of Dania Ylarc}r 20, L997 Page 3. Ve trul y yours, Kenne yer KMU/fs Enclosure: Copies sent or given to:Frank C. Adl"er, City AttorneyKenneth Koch, City Building officialMichael C. HerianlIr. and Mrs. Francisco Jose On behalf of nyself and my clients request is hereby nade thatthis matter be placed on the nearesC available igenda forreconsideration or rehearingr and for the opportunity ior me toappear.on behalf of the Jose,s at said neeting so as to representtheir interests in this matter. Your consideration of this matter will be greatl-y appreciatedand if you have any further questJ.ons, please feel free to contactne. s C T: OF F CRIDA NTY OF IRD/PALT 3EAC L a f ll A lloltcE oF PUBLIC HEARII{OSEFORE THE CITY COM-MISSION OF THE CITY OFDANIA, FLORIDA REGAFD-ING THE FOLLOWINCPETITIONSVAFIANCE BEOUEST . vA-32-S6NOTICE IS HEFEBY GIV-EN lhal th6 Cltv Commt!-6lon ol lho Clli ol OlnltFlorlda on Mev iO. i907. ai7:30 p.m.. or ds soon lh{ir+.aller a! th€ msller mav beh96rd, wlll conduct a oiblch€arlno ln th6 Cltv C6mmls-alon Me€tlno Hoam ol lh6Danla Cltv tiall. 'lOO WBtDonla B66ch Boutovard.DEnla, Flords, to consld€;lhe lollowlno r6ou6sts:VA-32-96-- Th6 r6ou*tol Mr, Frank A. Josi lorvarlanceg ,rofi lh6 Drovt-!lon! ol th6 Danta ZbntnoCode lo ellow 12 x 27.5Cor 330 sq. ft. eddftton to lh6commorclel bulldlno al 129NW I Av6nus. ThE 3lt6 lrzon€d HO-6000.'FrenksCustom Palnl and Auro fl /DADE ,JR ITY PERSONILLT tPPEtRED .. {H0 0}1 olTil sAYs THATD RfPRESENTATIVE OF TI.IEH5 i.l IS A ULY iUTHO I LL ))FIED DEPIRTIIEIiT P3R PU3L;31.IED I TII E SUN-SE}ITINELZ DAILY NE P 3RO{ARD'PAL:'I SEAC H'DADE C OUI{TY,FLOfiIDA Ti{AT THE ATTACiIED COPY OF TDYERTISEI{EI{TE 8EIII6 I NOTI CE OF ?UJLIC HEARIiI6 IN THE IIATTER JF VA- i f-t6 Ii'i T:1E CIRCUITTH! IS3!rES 0F Body. operal$ st lhls aIeiIEUSPAPEP Ir{ 3:"fiJTi.o.[?,,*,r"N,"""dCodo lndtcat€s that no 6x: CCUlT, dAS PU3LISHED IN SAI' c t 05ti2t 1 I 1s(F:y"q":,l|"d:s"fl.ffifl,H: Ll "i,?i.,il"l!"',,i,""i?,fl?ia. :AFFTAT'lr FURTHER sAYS THET Txe sAID suN-sEf{TT EL rs A :to""J}:'*",":"'"t['",;',:]'Il{icsPAPER PUJLISHED I SAID AR0rrARr/pAL}t BEACH/DADE i!:Tf,9,"'3."";jS?l?U,j,lgCOUllTye FLCqIDA, A,D T{AT THi SAID t{EtSpApER HAS HERaTCFO;,or.varrances io ir,r-aaJ;lE:x CJNTIYu0uSLY PUILISa:D:N SAID aROuARD/?ALfi iEAcH/DArffii;'H"!':i ',fi:"f8fffibc0ur!Tyr FLJf;r0Ar EAci{ DAr, AND HAs BEEN ENTERiJ ri siioHo ''fJ'T"i1ll'"l.i3r'"iid,;g CLASS IIATTER AI THE POST OFTICE Iil FORT LAUDERDAL€8R0vAfiD C0UNTYT FLCRIDAT FOR A PERI0D 0F O,.lE YEARPRECEDINC THE TIRST PUSLICATION OT TilE ATTACHEO COrDY'RTTSglIENTi AI.ID AFFIAI{T FUR'HER SAYS THAT HE/S}I HEiTi{ER PAID l,lOR PR0FIISED ANY PERS0NT FIRl,l 0R C0RPANY DISCOUHTT RiSATEr COill'lISSIOil 0R REfUND F0R fHE OF SE RINi S ADV:R rIS EITENT FOR PUBLI CATIOI'I INNE{i PA ;R __. - - -ZontnE Cod6. Scheduts ot, I N 5 ^ .lLol, fard and Bulk Beout;-Ilons. Th€ r6qu€st lB for a|. E I I 3ld6 ysrd 66ttiack ot 5 ,€etov nr rather th6n lh6 7 l€6t 16-quk€d and lor s r€er vardE HAs if:'i3*,:lfl::,,;1T:'i^*0RATIIN I-h6 proporty tBt6ga[yd€- --_ --- _scno6o a!: LorsUand 9lnPURPf S lBlock 6 ot the low4 ol Mo-dEllo ....r.llnn r^ 'h. o'-.Q I r \ lh6r€o, as r€corded ln PtatBook B at P6g6 49 of th€Dubllc r6cords ol BrowrrdCounly, Florida.ANY PERSON WHO DE.CIDES TO APPEAL ANYOECISION MADE BY THEclfY coMMrssroN wtTH REGARD TO ANY MATTERCONSIDENED AT TH ISMEETING OR HEARINGWILL NEED A RECOFD OFTHE PFOCEEDINGS. ANOFON SUCH PURPOSE MAY NEED 'O ENSURE THAT AVERBATIM RECORO OFTHE PROCEEDINGS ISMAOE WHICH RECOFD IN.CLUDES THE TESTIMONYANO EVIDENCE UPONWHICH THE APPEAL IS TOBE BASED, F.S,S.288.010s.LOU ANN C U N NING. HAM. ADMIN. ASST,]Lt 2. 1997 (SI.J IU ; OF A IA(T) iiD SU'SCRINED 3EfORE I!E3s'dcR TitTSA-)-c2 AY OF IIAY 179 7 (SIG I{ATURE OF (NAr! [ 0F rr.] T r AflPED} PE RS ONALLY (}IOUIT E.qRBARA STRICKI.AND Nolcry Publlo - Sote ot Floddo tv1) '.mmlsdo.t Eek€r J\t ,M'animlsslon * CC57 l3O7 0e SUt'l-SENTItiEL PiJBLISHED DNILY fCRT LAUDEIDILST dRJIAR) C0UNTY, fLOlIDA30CA RAT0tlr PALfi dEACH C0UilTY, fLORIDIllIAllIr 0lr: C0UNTY, FL0RIDA Pi,DUCED ID ENTIF IC ATIO N .. NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA REGARDING THE FOLLOWING PETITIONS VARIANCE REQUEST . VA-32-96 NOTICE lS HEREBY GIVEN that the City Commission of the City of Dania, Florida on May 13, 1997, at 7:30 p.m., or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the following requests: VA-32-96 - The request of Mr. Frank A. Jose for variances from the provisions of the Dania Zoning Code to allow 12' x 27.50' or 330 sq. ft. addition to the commercial building at 129 NW 4 Avenue. The site is zoned RD-6000. "Franks Custom Paint and Auto Body" operates at this site as a non-conforming use. Section 8.20 of the Zoning Code indicates that no existing building or premises devoted to a non-conforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use. There are also requests for variances to the side yard and rear yard setback regulations of the RD-6000 zoning district as listed in the Section 4.202 ot lhe Zoning Code, Schedule of Lot, Yard and Bulk Regulations. The request is for a side yard setback of 5 feet rather than the 7 feet required and for a rear yard setback of 5 feet rather than the 1 5 feet required. The property is legally described as: Lots 8 and 9 in Block 8 of the town of Modello according to the Plat thereof as recorded in Plat Book B at Page 49 of the public records of Broward County, Florida. 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 TESTIMONY AND EVIDENCE UPON ICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 t U ANN CUNNING , ADMIN. ASST, >trvd -s!'tt'$t*ltr ,i 1'I,r'llolir L t rg + 5 T t li,i lt eto 66-..,, .a ta.t IL tT o t p .tt + t z L"s e/ tlrt ti'r lra/Js// tz JLJ Li \\I t{ t 0\ 'Js Z '/V /\ \ .,, ! i3 I b +z l\ \ l, 2l \I T)I t tIi iI \.J ..,; .t+t ,te:,h\nth \ 6\ !\\rl's,)r _--L-,oy; t j) qd el-ra I 77 t'LL l.l ll I lr L azllu'" 9 tr BtD E tn L ) E EI'(ilW EEil ' 1tt tl .:. Lt I'I5 at 15 '' lls'tt b, ,,u,e 7t I q er-r 2l!s { n (/\ rh\\ z|d'' z, az 6t lqltv .rys'.jI5 ,ftL tl IE tffirr zt ft EZ'2i 'otfl 7,? is"+ --1 :JB-s C W --- o/ ,Z resolution approving agreement for said engineering services. City Manager Smith requested a continuance due to there being a need to acquire additional information for the item. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to continue the item to the next regular meeting. The motion passed unanimously. 4. PUBLIC HEARINGS 4.1 ,AN ORDINANCE OF THE CIry OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 18-96 AS PASSED AND ADOPTED ON NOVEMBER 12, 1996, TO EXTEND THE MORATORIUM PROVIDED THEREON TO MAY 30, 1997, AND PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance) Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Jones, seconded by Commissioner Mikes, to adopt the ordinance on second reading. The motion passed on the following roll call vote: Commissioner Hyde- no Commissioner Mikes - yes Mayor Bertino - yes Commissioner Jones - yes Vice Mayor Grace- no 4.2 VA-32-96 - Frank A. Jose, Owner - 129 NW 4 Avenue A request for variances from the provisions of the Dania Zoning Code to allow a 12' x27.5O' or 330 sq. ft. addition to commercial building dba/ Frank's Custom Paint and Auto Body. Leigh Kerr, City Consultant, advised that the property is zoned RD-6000 and that the Planning & Zoning recommended approval even though the building has already been constructed in violation. He then passed out photos ofthe addition to the City Commission. lt was noted that the petitioner was not present. Mayor Bertino opened the public hearing. Greggory Meyers asked for an explanation on the location ofthe property and Mr. Kerr responded. John Bruckner suggested approving the request since the addition has already been constructed. John Hart inquired as to whether a permit was pulled for the construction and whether fines were levied against the property owner. Mr. Kerr advised that the Unsafe Structures Board did meet on the issue and that a Notice to Demolish will be issued if the variance is not approved. City Manager Smith added that the 6REGULAR MINUTES FEBRUARY 25, 1997 owner would also have to pay double fees. Hearing no further comments, Mayor Bertino closed the public hearing. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to deny the variance (VA-32-96) in lieu of no input from the petitioner. Commissioner Mikes asked whether a sign was properly posted notifying the public ofthe variance public hearing. Mr. Ken understood that all procedures were followed and added that the petitioner was represented at the Planning & Zoning Board Meeting. The motion to deny passed on the following roll call vote: Commissioner Hyde- yes Commissioner Mikes - yes Mayor Bertino - yes Commissioner Hyde- yes Commissioner Mikes - yes Mayor Bertino - yes Commissioner Jones - yes Vice Mayor Grace- yes Commissioner Jones - yes Vice Mayor Grace- yes 4.3 VA-38-96 - Raymond Barberio, Owner - 317 NE 5 Court A request for a variance from provisions for maximum coverage requirements of the Dania Zoning Code to allow a 17.5 x 30.75 or 538.13 sq. ft. addition to existing residential building. Leigh Kerr, City Consultant, advised that the petitioner meets the setback requirements for the district and that the Planning & Zoning Board recommended approval. Mayor Bertino opened the public hearing A resident requested an explanation of the request and Mr. Kerr explained that the petitioner is requesting a screened patio enclosure and relief from the bulk requirements for the district. A motion was made by Commissioner Mikes, seconded by Vice Mayor Grace, to approve the variance (VA-38-96.) The motion passed on the following roll call vote 5. S'IE PLAAIS 5.1 SP-01-97 - GSD lnvestments, lnc., Owner Site plan approval for construction of a 2,780-sq. ft. addition to the office building at 4675 Ravenswood Road. (Site located at the southwest corner of 7 FEBRUARY 25, 1997 Hearing no further comments, the Mayor closed the public hearing. REGULAR MINUTES CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT Michael W. Smith City Manager FROM: Leigh R. Kerr, AI Planning Consultant VA.32-96 - REQUEST OF FRANK A. JOSE FOR VARIANCES FROM PROVISIONS OF RD-6OOO DATE: February 19, 1997 RE This is a request for two (2) variances from Section 4-202 of the Zoning Code; schedule of lot, yard and bulk regulations for RD-6000 zoning district. A side yard setback of 5' rather than 7' required and rear yard setback of5' rather than 13' required. The site is Frank's Custom Paint and Auto Body at 129 Northwest 46 Avenue. The property is zoned RD-6000- The property consists of lots 8 and 9 in Block 8 of the Town Modello plat. S Residential (Low Medium i0)RD-6000 Residential (Low Medium i0)RD-6000 FEC RR and Commercial c-3 Residential,RD-6000 rcfire sffilm TO: Please schedule this item for the February 25, 1997 City Commission meeting. For your information, the building addition requested has already been constructed and it is located in the northwest comer ofthe [ot. A notice of violation was sent for an unsafe structure on April 26, 1996 and corrected on May 21, 1996 to demolish the addition. South Ea$: ln lln The Unsafe Structures and Housing Appeals Board met on July 29, 1996 and found that the addition was constructed without a permit and occupied without a certificate of occupancy and therefore is unsafe. Owner was given 60 days to apply and obtain a variance with an additional 30 days to obtain variance. If at the end of 90 days the owner has done neither, then the building official would take the appropriate action to demolish the building. The petitioner applied for a variance on October 1, 1996. The Planning and Zoning Board after hearing testimony at the January 22, 1997 meeting, recommended approval of this variance request as it conformed to the criteria for reviewing variances set forth in Section 10.13 ofthe Zoning Code. LRK./ker 50.27A4-MS-JOSE VA-32-96 - Request of Frank A. Jose February 19,1997 Page 2 of 2 CITY OE'DANIAIOO WEST DANIA BEACII BOULEVARDDANIA, FLORIDA ]3004305,/92I-8700 APPLICATION NUMBER \1fr-1) 4V The undersigned petitions the CityFLorida to consider the variance oa the parcel(s) of Land described in Comnission of the CiCy of Dania, t.his appLicati.on. NAME OE APPLICANT:F,^OnR +,U-o ADDRESS OE APPL ICANT:I39 rur,t 4*b 4ye ,ro*u,9aA-G4ll PROPERTY INTEREST OE APPLICANT: I (,L, 4'1\Av<_,1tV NAIIE AND ADORESS OE' PROPERTY OWNER (IF NOT TI'E APPLICANT)I ADDRESS AND LEGAL DESCRIPTION oE SUBJECT pROpERTy, )N /t.r )l-l+\A',le I ctcP I Lo*?? 3 3 a & ZONING CLASSIFICATIoN !LOT SIZE !AREA ! PRESENT USE ! DESCRIPTION oF THE VARTANCE(S) REeUESTED: -/o Ltlo,a klr!',1,0n6)n A-X)rsN -Con{er/ t A e,r,/ s 5 LIST TBS NAIi,IES ATTORNEY, ECT. AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,IE ANY): PLEASE COMPLETE IHIS PORTION OF TqE APPLICATION CAREFOLLY. EACIIREouEsr FoR A vARTANCE Musr srAND og rrs oml r,reiris wrraour REGARD ToANY OTHER PROPERTY. The following questiong pertain to the criteria upon which the Cttycommission and planning and zoning s"a.a consid.. if a variance wilrnot..be contr.ary Lo the. public in-tere"t "n.i., oeing to "peciiicondltions, a literal enforcement of utre zoninq of thJ ,o"inf,-."J"will result in unnecessary and undue tuiOinip.---'- 1. Delcribe hou special conditrons and circumstances exist vrhich arepeculiar to the tand, srructure or building invofvea and which aieoot applicable to other lands, scructures 6r buildinqs ln ihe".i.ezoniog dist.rict. P cL d_ a UJ 3tosi^{sJ u^ l;l<z mo5t o+ ourqrL rzsidtn+t'^-(- groptrttl , n1,-, h.|oru c.-lhi c APPLICAIION FOR VARIANCE DATE FILED ( rnc 2 P rov rdedo not evidence t.hat the spec ia Iresult from the acti.ons of condi.t ions and c i rcung tancesthe appl i can t, 3 Describe hoi{ granting the requested variance(s)any special privilege on the applicant that iszoninq code to other lands, Or_rildinos or structszonins dist'rict' [vo spet;o.!* gr,,:,t29< will not conferdenied by theures in th ls samEre 1JQS) ed , (i4 sF c"..1 U LD e.L n of hgt ----+s icrfr s clur *t' 4 Provide evidence that the literal interpret.aof th6 zoniog code would deprivE rhe ap;Iicaenjoyed by other properties in the saoi zoniwork unnecessary and trndue hardship on thg a IOnt ng pp qs tr,o<v ._.------ rov Iof rights coltrnonl y d iEtr ict and wouldI icant. + r"nS, 5 Describe how the requested variance is Che ninimum variance thatwLlr naxe posgrble the reasonable use of the Iand, buildino or,structure' Irr K<ep,,-t3 5lnrdJe aoan^. / u.:.2 ["1 f - [^raut fo tS th.rcs Please add any oand the Planning s ents which nay assistng Board i.n reviewing L the City Corntn isa io nth is request. , 6 1 Explain how the grant of the variance(s) wiII be in hannony riththe.general intent and purpose of the zoning ""a",-unO thaC suchvarlance(s) wiII not be injurious to t.he area involved or other_wla€ deCrimental to the public weLfare ther conmand Zon i ^l ?,tr- +r.'is roo /h--ll+ /I n6+1"" r.-I .-/l.\\ J-s of ()0s1 f4+h2 NOTE: ALL SIGNATURES MUST BE NoTARIzeD ORDER OP TIIE DA rnd CcITY COIrU I SS ION. nat.ur Suorn Lo and subscribed before me this ld dav of 5az&LL t9l L 0,J.,t-Comniss ion Expires Iry Pu c t. ,.dfiii1..,, Lar rrm turrd.I1i.i a i.i MY c6a/tsgr, ccs E drrils.r-:Jtii r*r-'al. zr!,';{FJF ..6mrlE,,q*nc*. EE*9Eo6dq P5 ! P5lfiiIre: iEt: rft $lx: ."r:li E lE ie , z rtttiri:iiirt: i ll'i ' tl ' I llf '?;: I :rrqrdrficxr ESFiEil}rirt .; ?: ,t tlt !" J{ I' llli.t I I ry*'ffij!!' itlr(Xi ci, - iiffiFlllliEtiEqlriii:.i i!i": Httl t!' :* r.I . iq IriB It; I/e ;,I I I 3l 912 "lF{1. It iE I i!I C-98;i :=.: :. TE xa I 5 ! ac I a I I ts 1 ? a I i loGap i i wErrrJlqryi TII! T i I 1tf,I lil 6d$E PE :::IE;dir aal!! II i t6!i ln9tq = r-,t a ;-q , :Ejr :- :E -c : !i t: :.iIIt! 9, ICi;,. r5 ei F I !I a I li!:strli giE,it iEiii: !rl el! i i BI I !t .,1.-,.r.+t.. -<r-T :L5sM"- F9H' i. ..t, d&,"\Y,T l- ..1 To Whom it May Concern: The undersigned is a property owner/tenant at theaddress : ,7tr1r: .ftt ctl /e i- 5ci rr t..- F/_ 2-?t ?,tEl ori da 330041 Dated fo l l owing Dania, The undersigned is aware of the application of Frank Jose fora variance which wouLd permit him to retain an existing storageshed at 129 N.W. 4th Avenue, Dania, Florida. The undersigned hasreviewed the plans for the construction and has no objection. this'1+ ciay of September: | 1996. To Whom it May Concern: The undersi-gned is a property owner/tenantaddress, 1 Lii :t,ltt,. ;1171 ,-i4,. r.- at the followingDania,Flori da 330'04. ' Dated this day of Septenber, 1996./ tt The undersigned is aware of the application of Erank Jose fora variance which would permit him to retaj-n an existing storageshed at 129 N.W. 4th Avenue, Dania, Elorida. The undersigned hasreviewed the pLans for the construction and has no objection. To Whom j-t May Concern: The undersigned j-s a prop thaddress:Florida 3300 erty owner/ten the followingDania, ant at A The undersigned is aware of the application of Frank Jose fora variance which rdould permi-t him to retain an existing storageshed at 129 N.w. 4th Avenue, Dania, Florida. The undersigned hasreviewed the plans for the construction and has no objection. n, rl-Dated this dLr' day of September, 1996. \ To Whom it May Concern: The undersigned j-s a property owner/tenanL ataddress I lll \1,1\.. a/ 'l = _ _, --, r.r_ Lhe foL lowing Dania,Elori da 33004. - The undersigned is aware of the application of Frank Jose fora variance which would permit him to retain an existing storaqeshed at 129 N.W. 4th Avenue, Dania, Florida. The undersigned hasreviewed the plans for the constructj-on and has no objection. ,/Dated this Jl:a"y of september, 1996. tv t't.t.;i r7 f. /vbi,, ;t2 To Whom it May Concern: The addl:ess: F 1o rida unde rs edisa p tv +^ r / 1-enp t at the fo l l owing Dani-a ,33004.Avt The undersi-gned is aware of the application of Frank Jose fora variance which would pernit him to retain an existing storageshed at 129 N.W. 4th Avenue, Dania, Florida. The undersigned hasreviewed the plans for the construction and has no objection. Dated this ai*"" of septembe r , tss6. To Whom it May Concern: The undersigned .is a property owner/tenant ataddress | / /t' y',t /:.1 lvn pt the following Dania, F1 orida 33004. The undersigned is aware of the application of Frank Jose fora variance which would permit him to retain an existing storageshed at 129 N.W. 4th Avenue/ Dania, Elorida. The undersigned hasreviewed the plans for the construction and has no objection. Dated this 2f'Lu" of september, 1996. To Whom it l,tay Concern: The address: under s ion ed 4r"c,is a propertyNt,) /ownpr,/tenant ata'f , the following Dania,Elorida 330b4. The undersigned is aware of the application of Frank Jose fora variance which woul-d permit him to retain an exj-sting storageshed at 129 N.W. 4th Avenue, Dania, Florida. The undersigned hasreviewed the plans for the construction and has no objection. Dated this.? (o clay of September,1996. ( To whom it May Concern: The undersigned is a property wn4 er /Le ant at 1-he followingaddress: Flor ida Dania, 33004. The undersigned is aware of the application of Erank Jose fora variance which would permit him to retain an existing storageshed at 129 N.w. 4th Avenue, Dania, Elorida. The undersigned hasrevi-ewed the plans for the construction and has no objection. Da ted Lhis?-6 day of September, 1996. LAW OFFICES Baaoy & CoxEn I3I6 SOUTHEAST ZiO AVENUE FoRT L.AuDERoaLE, FLoRloa 333tG :cc Mr +Ll , .,AMES C- 6RAOY, P.A.' RICHAFO 6. COKER, JF.. PA CA'HEFINE RAFFERIY ilUt: April 28, 1997 Mr. Michael SmithCity ManagerCity of DaniaP.O. Box 1708Dania, Florida 33004 Re: The Dania.Nursing Home/Jadoo Request 3on+lg Code Amendment Relaring €o SpecialFacilities_ and Special u*..ption epii""iiResidential f.acilities Dear Mr. Smith: Cordi 1Iv, iI c BRA"DY FirmForthe The purpose of this 1etter isat which the text change and sbefore the C j-ty commisiion. to request an extension of the timepecial exception application will jo Accordingly, I am asking for an extension of time(!) weeks. rf r rreed-to contaii -ioieor,e eiseplease advise me. I was pleased to see the_ neighborhood involvement when I appearedbefore the planning and zoiing ,o"rJ. A strong neighborhoodinvorvement means a- protection -toi irre area and 6ertaiily tnatmilitates in my client's favor in the overarr scneme -oi"ining".r also recognize, however, that the neiqnbo;ood---n.=" -"-orn'" ,r..ysignificant concerns. while r tni-"r. iir.-y ,n.y *G_-;pp.;;;nd theimpact of this oroj.ect, it i; i;6;t;t ro me to speak to rhemembers of the feiqibornooa t" iiiiv-iny unfounded fears and tobetter understand ti,. n.ighb"in"Ji;I'p"'"ition. r JAMES C. BRAOY AL,SO I'EM6ER: VIR'IINIA AAR ANO AAF OF IHE OISTRICI OF COLUT.TBIA wasHtN6Toll D,C. TELEFAX (aOe) 347-OA63 TELEPHoNE (954) 76t-t4O4(954) 76t-t469 Res identia 1for Special for at least sixi this reEard, .L N . JadooKerrs Mr. Leigh R. \xP5 l Docs \ sur rt! . r,TR I CITY OF DANTA lOO W. DANIA BEACH BLVD. P.O. BOX 1708 DANIA, FL 33OO.I (954) 921-8700 Administration F a\i 921 -2604 Finanse Fax: 922-5619 G.pwt r ManagementFa\i 922-2687 April 23, 1997 FAXED TO #425-1008 Mr. Jim Croteau SUN SENTINEL 333 SW 12 Avenue Deerfield, FL 33441 Dear Jim: Please publish the attached PUBLIC HEARING NOTICE on Aoril 29. 1997 in the DISPLAY AD SECTION of the Sun Sentinel. Each "Public Hearing Notice" must be a FULL 1/4 PAGE. Attached also is the map that must be inset.,.d into the ad. Proof of advertisement of the "PUBLIC HEARING NOTICE" is required for compliance with Florida Statutes. Therefore, please send me as proof of publication, the entire page on which the ad is printed and a notarized certification of the publication. Thanks for your help in this matter. Sincerely, City of Dania CC: Charlene Salta, City Clerks Ofc. Lou Ann Cunningham Administrative Asst. SUN.SIENTINEt hSllLdltrllt Fort laudcrdate, BnrwardCounty, fbrfiila Boce f,eton, P.lm Bch County, Florlda fA)It Ltl, r l-. r.tt4 ni,Ilt r al(,rc STATEOF FUXIDA COLINTY OF BTOVAND/PAI^II BIAGI 0cfurc 0E nnfurl3ncdlfHy parcrully m cth rep tlut he 0E h Bc.dl dnrdErt drd ql drly ncrnprpcr publbhd of rdvcdmsr, bclg e Lr thc rntcr ln wrs pdlbhcd h reld nctrppo h dE h!6 Atrln fuds rfl drr fu aI tu>Sartrd 5 e n:rpga ptScd h d Lald/?rb E dr Coflt, nrad1 nd tla d: ad ]rrFF hr hqaofrc b..r.oduoCt FU h rH lrorna{/Prh Scrch Corrr . naUr. c..[ &7, rrd lnr ba a!.rcd r urd fu G r d! pd oftG h Frr l,eudcrtlc. h rld 0mnd corry. ?lorldr, h r pabd d ur pa ptcQ d= h pSIOn d thc reff oopf ol rffiar, rd flr rrr rll h.lr o.dE pr$ lu pufd n7 pml Lnc capa.th rr7 ffcutof cbc. rdan q mind h drc pnpc d Erh! Il rdxnla frrprtiuh hntd narygcr. a /-1 Aeo SrunrgdlbrScdbdcr (!lr.r: oI t{aery typd, p.Lr.d q rrtp.d) Perr.n lly l(rxr*'tt d -2/a-u relJ (s| ru. d Ndrrt Publ&) TAIU t. BEZAKtI/ COl,'ri::!licii l C'l:,ii!,. txitit:s 80n0lDlrlR:l 1E0y tAu ltisut^nci lll! lYr ,_o Pnrdrcd l&ndncrrk.\-, __ I I '/\-'/z'-/O . .n t )r',,.) / CITY DI DANIA N lh#/t NOTICE EF ZONING TEXT CHANGE TX-34-96 A request has been made to the City of Dania to amend the text of theZoning Code which changes the permitted use of land The request isby Lionel N. Jadoo as representative for New Care Health Corporationfcir a-zoning text change to add as a Speciat eiception Use ,;d;itti; RS6000 zoning classification. The proposed amend'ment would read as follows: ..OWNERS OF EXISTING NURSING HOMES WITH A MINI. !,tu!l OF FIFTY (50) BEDS SHALL BE AUTHORTZED TOOPERATE AND OWN ADULT LIVING FACILITIES IN SEP-ARATE DWELLING UNITS WHICH INCLUDE KITCHEN FA.CILITIES AND BATHROOM FACILITIES AND ARE OCCU.PIED By NO MORE THAN StX (6) RESTDENTS pER DWELLING UNIT." ]wo (2) public hearings on the Proposed Amendment will be held at7:30 p.m., May 13, 1997, and on May 27,1992 at Dania Citv Hall. 100 West Dania Beach Boulevard,_ Dania, Florida. All interested parties'may appear at the_meeting and be heard. lnformation on thb proposed Zoning 9ode Text Change can be obtained at the Dania bitv nat, G-rgrytf, Management Department, during weekdays between the hoursof 8:30 a.m. and 5:00 p.m.. rN ACCORDANCE WITH THE AMERTCANS W|TH DtSABtLtTtES ACIPERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OFTHESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE, CIryqLEfiK, 100 w. Dt\N14 ^B_EAql:l ^BL.Yq.,_DrAry4, FL 33004, (es4) e21* 87OO EXT. 202, AT LEAST 48 HOURS PRIOR TO MEETING. ' I I l l I ti ! d 7 Ix x i aJin 5 D z AGENDA REQUEST FORM CITY OF DANIA Date:05-06-97 Agenda ltem #: Title: SP.O5-97A - REQUEST FOR SITE PLAN APPROVAL, FAIRFIELD SUITES HOTEL Requested Action: REVISITATION OF VARIANCE VA-21-86 - HEIGHT VARIANCE FOR ROBERT KRILLICH Summary Explanation & Background: REOUEST BY MICHAEL THOMAS FOR A REVISITATION OF VARIANCE VA-21.86, APPROVED ON MARCH 25, 1986, TO ALLOWA MAXIMUM BUILDING HEIGHT OF 160' (SUBJECT TO FAA & BC AVAIATION HEIGHT RESTRICTIONS.) THE CITY COMMISSION AT THEIR I\iIARCH 25. 1986 APPROVED THIS VARIANCE FOR THE SUBJECT PROPERTY WTH THE ABOVE CONDITIONS AND SUBJECT TO REVISITATION AFTER 1 YEAR. Exhibits (List): LETTER FROM MICHAEL L. THOMAS, PETITIONER MINUTES FROM MARCH 25, 1986 CITY COMMISSION MEETING, Purchasing Approval: Prepared By: LEIGH KERR, PLANNING COUNSULTANT Source of Additional lnformation: (lVame & Phonel Recommended for Approval By: Commission Action: Passed ! Failed ! Comment: Continued tr Other ! 4S\O-- CITY OF DANIA lOO W. DANIA BEACH BLVD. P.O. BOX 1708 oANtA, FL 33004 (954) 92r-8700 Administration F axi 92'l -2604 Finance Fax: 922-5619 Growth Managemenl F a* 922-2687 April 21 , 1997 Mr. Michael L. Thomas 77 North Hibiscus Drive Miami Beach, Florida 33139 RE: Variance #VA-21-86 Dear Mr. Thomas: Thank you for your letter of March 17, to our planning consultant concerning the revisitation of Variance #VA-21-86. After conferring with Frank Adler, the City Attorney, it would be appropriate to have the item placed as reconsideration on the May 13s agenda to the City Commission for review and possible action. lf you re ire additional information, please Mr. Kerr or Frank Adler. Si a Smith erCity M nag MWS/ksl Michael L. Thomas 77 North Hibiscus Drive Miami Beach, Florida 33139 March 17, '1997 Mr. Leigh Kerr, AICP Planning Consultant, City of Dania Dania, Florida Subject: Fairfield Suites Dear Mr. Kerr: Reference your memo of March 14,1997 to Brett Nein at CCL Engineering; after conferring with the City Attorney, Frank Adler, I respectfully reCgrest that you place on the next city commission agenda VA-21-86 for their revisitation. Sincerely yours ?),'4, .---7 l,, zn, -,/' ' MicFlel L.Thomas cc Bob Kricich CCL ,1 ffii l-Tgtion I{as made by-Vlce i{ayor Byrd, seconded by ConmissionerLook ro reJect the bids recei ved per Actl n9 Ci ty- Hanager,srecommendatlon and to alloyr IJeek ley Asphala to furnisI theasphal t and resurface the streets LnAei ine Browara CountyContract. The notion passed unanimously. (At this time agenda iten 7.1 was addressed.) PUBL I C HEAR I NGS AND OTHER RE LATE D HATTERS BUILOING AND ZONIT{G 4.1 PETITI0t{ER: A.J. Ryan, Jr.; Ot{NER: Robert Xrilich; propertygenerally located at the t{E 0uadrant of Stirting na. a- i_6'S. PUBLIC HEARING - VARIANCE REQUESTVA-21-86 - A Variance Request to allow a naximumheight of 160' (maxirnum 40'allowed) subject toBrolrard County Avl ati on He.l 9ht Restri cti ons. 4 A.J. Ryan stepped. fornard to explain the virlance request,presenting a preliminary conceptual site plan of the areainvolved. the publ i c heari ng. Heari ng Bob llI kesthe Hayor cl osed the publ i c heari ng. l{ayo r Bertino openedspeak in opposition, buildlngF.A.A. .nd y Commi ssionercont lngent upon s ubj ect tothe fol l oxl ng A notion was made by Vice ayor Byrd, seconded b H'i rsch to grant the varlance request (VA-21-86)F.A.A. and Eroward County Avlation approval andrevis'i tation after 1year. The mot.ion passed onro l1 cal l vote: Conmissioner Cook-yes Commi s si oner Hi rsc h-yesConni ssi oner l.lcEl yea-yes Vlce Mayor Byrd-yesMayor Bertl no-yes 4 .2 PETITI0t{ER: l{arvin l,landel; 0l{NER: Flor.ldaIocated at 1900 TigertaiI Blvd. PUBLIC HEARItIc - PLAT APPR0VAL (Second PL-19-86 - A Pl at Approval Request forPLAT " (containing 4.58+ acres) ilayor Bertino opened the public hearing.closed The title of an ordinance approving the plat Pl ace" was read for second and fi nal readi ng Ad ler. Linda Strutt, Planner with Iilliams, Hatfield & Stoner, Inc.,exp'l ained that this item is concurrent nith a portlon ofright-of-rtay vacation request that has not yet cone before theP&Z Board. City Attorney Adler advised that the publlc hearlngon this item can be held and then continued untl l the vacatlon-request has been addressed. in favor or opposition, the llayor A motion was made by CommisslonerConmissioner Cook to continue this(PL-19-86) until the next regular mot i on passed unaninously. Steel Corp. ; property & Fi nal Readin,DESIGNERS PLA s) CE of "Desi gnersby City Attorney Hearl ng no one speakthe publ ic hearing, The Hirsch, seconded bypl at approval request meeti n9 of Apri I 8, 1986, 4 .3 PETITI0NER: tlcLaughl in Englneeri ng; 0l,ltlER: John Bond; property I ocated at 620 Tay'l or Rd. PUBLIC HEARING - REZ0I{ltlG (Second & Flnal Reading)RZ-08-86 - A Rezoning Request to change from IG (lndustrlal General to IR0 (lndustrial Research 0ffice); (18.25+ acres) 2Regui ar Commi ssi on Meeti n9 March 25, 1986 ; I I AGENDA REQUEST FORM CITY OF DANIA Date: 05-06-97 Agenda ltem #: Title: SP-05.978 - REQUEST FOR SITE PLAN APPROVAL, FAIRFIELD SUITES HOTEL Requested Action: THE PLANNING AND ZONING BOARD AT THEIR APRIL 16, 1997 MEETING RECOMMENDED APPROVAL WITH CONDITIONS AS STATED BELOW. Summary Explanation & Background: REOUEST BY MICHAEL THOMAS, FOR SITE PLAN APPROVAL FOR A MARRIOTT SUITES HOTEL, LOCATED ATTHE NORTHEAST CORNER OF I-95 AND STIRLING ROAD, WHICH WtLL CONTAIN 152 ROOMS IN A SINGLE STRUCTURE WTH ONE LELVEL OF UNDERGROUND PARKING. THE PLANNING AND ZONING BOARD RECOMMENDED THE FOLLOWNG CONDITIONS AS RECOMMENDED BY STAFF: THAT THE PETITIONER COMPLY WTH THE TREE PROTECTION ORDINANCE OF THE Clry OF DANIA; AND THAT THE PETITIONER REVISIT THE ISSUE OF THE PREVIOUSLY APPROVED HEIGHT VARIANCE WTH THE CITY COMMISSION; AND AS AGREED TO BY THE PETITIONER, THAT ALL SPECIMEN OAK TREES BE IDENTIFIED ON THE PROPERTY AND PROVIDE THAT THEY EITHER BE PRESERVED OR RELOCATED ON THE SUBJECT PROPERry. Exhibits (List): MEMORANDUM FROM LEIGH KERR, PLANNING CONSULTANT FOR THE CITY OF DANIA; SITE PLAN APPLICATION; LOCATION MAP; SITE PLAN Purchasing Approval: Prepared By: LEIGH KERR, PLANNING COUNSULTANT Source of Additional lnformationi (Name & Phonel Recommended for Approval By: PLANNING AND ZONING BOARD 4/16/97 b Commission Action: Passed fl Failed ! Comment: Continued ! Other E City Manager City Clerk RE CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO:Michael W. Smith, City Manager FROM:Leigh R. Ken, AICP, Planning Consultant FAIRFIELD SLIITES HOTEL (Michael Thomas, Petitioner) sP-05-97 DATE: May 6, 1997 This application is for a site plan approval for a Marriott Suites hotel which will contain 152 rooms in a single structure with one level of underground parking. The property is situated at the northeast comer of Interstate 95 and Stirling Road. Access to the site is via Southwest 186 Court, in the southeastern portion the site. This access would be limited to right in, right out only access onto Stirling Road. As is apparent on the overall master plan for this area, the hotel lacility is one component of a planned commercial development with a variety of uses that would extend up to Dania Beach Boulevard to the north, and include other properties to the east. This overall concept plan is provided to offer an overview of the planned future development of this entire area. However, the review at this time is related solely to the site plan submission for the Fairfield Suites Hotel. The staff has had several meetings v/ith the developers over the last several weeks to discuss amendments to the site plan to bring it in line with the City Code as well as discussions regarding siting of utility services to properly serve not onty the hotet, but he future development ofthe area. These utility discussions have also included the proper interconnects to sewe developments to the north and east ofthe subject site. The site plan as presented conforms with the site development standards of the City Coded with the following exceptions: l) The petitioner must comply with the tree protection of the City of Dania, and demonstrate compliance prior to issuance ofa building permit. 2) The allowable height ofthe structure per the Code is five (5) stories or sixty- two (62) feet. While the structure meets the foot requirement, the building is a Leigh R. Kerr, AICP Planning Consultant May 6, 1997 Page 2 of 2 six story facility, which would typically require a variance to gain approval. However, this site was a subject of a variance which was approved on March 25, 1986. That variance permitted a height ofone hundred and sixty (160) feet for a proposed building. This building is well within the confines of that variance. That variance did not have a time limit restriction, as variances have under the City's current Code. Accordingly, the applicant is requesting the opportunity to address this issue with the City Commission. 3) The dumpster detail must be brought in line with the current City of Dania standards for the dumpster facility. In summary, subject to the above comments, the City staff recommends approval of the site plan for the Fairfield Suites Hotel. The Planning and Zoning Board recommended approval on April 16, 1997. LRIUker 50.27ti{S-FFSLTITES APPLICATION FOR SITE PIAN APPROVAL #3681 CTTY OF DANIA lOO WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 305/92r'8700 APPUCATION NUMBER fu91 DATE I/31/g7 The unCersigned petitions the Growth ManageSnent Department and/or the C,ty Commission of the Gty o[ Dania to consider site plan approval on the parcel (s) of land described in this aPPlication' NAME OF APPLICANT: Michael L. Thomas ADDRESS OF APPUC.ANT:77 No rth 33139 PHONE NUMBER:(305 )5 38- 2 405 FAX NUMBER:305 538-6905 PROPEfiry INTEBEST OF APPUCAITT: NAME AND ADDRESS OF PROPERTY OWNER (lF NOT THE APPUCANN: -_Krj I i ch, Robert R., TR,L000 Royce Boul evard Vi I I a Pank, Illinois 60181 ADDRESS AND LEGAL DESCruPNON OF SU&'ECT PROPERTY: Kri I ich Plat 142-19 B Parcel "A" less that art beg i nni n Northeast CoR, SLY 350, ',.lLY 90, NLY 350, ELY 90 to P.0. B. EXISTING LAND USE DESIGNATION:Ccmme rc i al EXISTING ZONING: c-2 LOT SIZE ACREAGE.2.23 SQ N'o4 010 Flori da ark i n w'ith ammen i t area TAX FOUO NUMBER:50 42 33 48 0010 4?F RECORDED PLAT NAMEK ri I i ch P PTAT BOOK:142 PAGE:19 UST A}f/ SPECIAL EXCEPTIONS, VARIANCES, RZONINGS E'TC. TI'IAT MAY BE REQUIRED TO SUPPORT THIS APPUCATION' ANY OTHER INFORMATION IS SUPPORT OF THIS APPUCATION: 2 DEscRlmoN oF PRoJECT:si x story hotel hU j I di ng over one ( 1) I evel of SECTION' 33 TOWNSHIP: 505 RANGE: Eeaerved: 'tl3't197; 11:z?Alti 954 973 2686 => EAINBOW aIR CO8P; i4OL/31/97 FII 11:53 FAX 954 S73 2686 CCL C0NSITLTANTS NOTE: ALL SIGNATURES MUST BE NOTARIZED @ oor ( I PETITIONER: -CCL jg45uL!an!s , I n!r-- PRINT NAMEJCORPOMTION O SIGNATURE Brett A. Nei n, V . P. , P 1 anni ng/LandscapeSwom to and subscnted before me this SLday ot 11^a 19 97 Notary Publlc n PRINT NAME AND TITLE (ff CorporeUcn) (Notary Stamp/Seal) Arc hi tectu re +'${% IW: WENDY MARILYI! GORDON My Corrrrx3slon CC{i5784 Ert)ic. Nov. 2,1, 1994 Bohd€d by NFNU 800-224€364 Commbsion ExPires:- PROPERTY owNER/li js jl-. f(. )l ' lea7z+- 7 Robe rt Krilich PRI TION NAIIiE ' /,+. rBY SIGNATURE Swom to and subssibed before me Robert R. PRINT NAME AND TITLE (lf Corporauonl 1000 Royce Boulevard, Villa Park, IL 60181 ADDRESS OF OWNER Kri I i ch. IR ,€ nfr $ls 3r-dayof Notary Publlc L30- 2zit- y'""d /J TELEPHONE (Notary StampiSea{)Wendy l4ari i yn Gordon Pnnt Nam€ 3 Commission Exphes::s8"1ffi: WENDY MeRtLvN Copr-, .My Connn'ssoo CC.l I C7JE piB3 Nov ?4. igopSoad.d by NFNU8oG22,re368 i BY: 'lendv Hari'l yn Gordq!- Palnt Name tTElI I \/?-rc M-l M ( 135- I-G -rh6 z\cceL'A" lc H DAIIIA OFFICE PART (llo- 29) /,/.Wc/t'o SZrr(TIGERTALEoBLVD $ltP N)Pd - t ^ N I , ' Sc.-oi- 1-7 o5! 0 5 -oo9 so'J ,70 I? {9o\I @E I.Giina' @> CLAttKE iSUB'(lq{A LAKE ? R-2 o!-3 tG B DUKE ADUKE sue (tz+:4s) VP c- t-o @ !I 1- J o- ,E2t^NIe o t2'7a' IRO TAlRCEL il42- l8) SAN-MAR PLAT iI'HE GADOI6 - PLTT..l?L'r *A-l 1l14 I 'a.1ZNEU s NI : I I I ---\9- 7all;) l\sr @ -+BCIry OF DANIA INTEROFFICE MEMORANDUM TO:Mayor and Commission FROM: Mike Smith, City Manager Charter Review Board recommendations DATE: August 23, 1996 RE: The attached Charter changes are a result of the meetings held with the Charter Review Board over this past year. Howard Hirsch, Chairperson for the Charter Review Board, will be presenting these recommendations at the City Commission Meeting on August 27, 1996. /cs ARTICLE 7. MEETINGS OF THE COMMISSION Pt. ll, Art. 7, Sec. 4. Special meetings; how called. (Page 271 Themayor@issie*+, or the city manager, may call special meetings of the city commission upon at least six (6) hours'written notice to each member, the city manager, city auditor and clerk, city attorney and chief of police, served personally or left at his usual place of residence. The regularity or validity of any proceedings, taken at any special meeting at which a majority of members of the city commission and the city clerk is present, shall not be questioned on account of any omission or irregularity in call such special meeting. ARTICLE 3. CITY MANAGER* Pt. lll, Art. 3, Sec. 3. Right of city to enter into contract of employment. (Pages 31- 32l, City Manager has right to enter into an employment contract with the City. City Manager may appeal employment contract not being renewed at its expiration or if contract is terminated by city commission during its term. ARTICLE 8. POLICE DEPARTMENT (Page 40) Qaa I Ev+:a nahalaa- under the direetien and eentrel ef the ehief ef peliee fer the speeified er limited tirne in 6a6e ef rietrernergen Sec. 4. Suspension of members of police department All-effieers er empleyees ef the peliee department may be suspended er diseharged erFaeeeunt ef ineempeteney; general ifieffieieney+ negleetef dcty; immeralityr reasenaAb-eac€€+This item is covered under the collective bargaining unit.) Sec. 1. Created. ARTICLE 9. FIRE DEPARTMENT (Page 41) A fire department for the City of Dania is hereby created and established, consisting of a chief and as may subordinate officers, fi+e:qen (firefighters) and employees as may be necessary. The chief of the fire department shall be appointed by resolution adopted by the city (manager). All subordinate officers, fi€men (firefighters) and employees shall be employed and appointed by the chief of the fire department, subject to the approval of the city manager. (Sp. Acts, Ch. 67-1256, Sec. 2) Editor's note-Section l was repealed bySp. Acts, Ch.67-1256, Section 1, and a new section 1 enacted in lieu thereof of Section 2 of the act. reasenabe-eause-{fhis item is covered under the collective bargaining unit.) ARTICLE 10. REMOVAL OF DEPARTMENT HEADS (Pages 41421 Sec. 1. Procedure required. All Department Heads with the exception of the City Attorney are hired by the City Manager. The City Manager may remove these Departments Heads at his discretion. ARTICLE ll. DIRECTOR OF UTILITIES* (Page 421 (Sec. 1. Position established; appointment; compensation; duties.) The Charter of the City of Dania, Florida, is hereby amended to provide for the position of director of utilities which position be and the same is hereby established. The director of utilities shall not be under the classified service, but shall be appointed by reselutien ef the ei the city manager. He shall serve at the pleasure of the city €ommi€si€*l (manager) at such salary as may be fixed in the resolution appointing him. The director of utilities shall be responsible for the operation of the water treatment plant, the water distribution system, the sewer collection system and such other duties as may be delegated to him, (Ord. No. 22-90, Secs. 1,2, 5-8-90) ARTICLE 2. DIRECTOR OF PUBLIC WORKS Sec. ',l. Position established. (Page 42.1) The position of "director of public works" is hereby established, and same shall not be under the classified service, but said director of public works shall be appointed by the city manager. He shall serve at the pleasure of the city €€mmi€6i€'t+ ( manager) at such salary as may be fixed in the resolution appointing him. aaa i ,'i+rr marr aal (Page 43) ien ARTrC LE 3. EUIID$|G-TNSPE€:SON- (G ROWTH MANAG EMENT) DEPARTMENT (Page 43) Sec. 2. Chiefinspeete+ (Growth Management Director) See Code of Ordinances Article 5. e^^ T A-6i6+an+ h'.ilii-a iraaaalar Gaa ,{ trlaa+ri^-r iha ^^^+^- There may be an eleetrieal inspeeter werking snder the eupeFvisien ef the ehief h,,;t/.{ih^ incnaa+nr /h,,irrrinr affiaiat\ @(Pase44) There may be a plumbing inepeeter werking under the supervisien ef the ehief hr rilrlina inanaa+ar /h',ilrlinr a{fiaial\ e, i^^ t\l^ ,e Se€-6,€th€F€mp+eyee€. There may be assistantst effiee managers' elerks' seeretaries er ether empleyees; @ie+ Page 44l See.J-€stalr+ishe4 An engineering department ef the eity may be establishe4 See-:-eig-engin€e+, Until the pesitien i+filled by appeintrnenlby the eity eemmissien; the eity manager There may be an assistant building inspeeter aeting as aseistant te the building inspeeter (building effieial) and werking under hi+supervisien, t+time. See-4-€u+ies- ARTGtE 5: STREET D (Page 44) See-{--Estabti+he4 time te time, Se€-Hsp€+in{ende€+ ARTICLE 10. SEWER DISTRIBUTION DEPARTMENT (Page 45) See-+--Supe+in+enaeng +li^ /.1, '+i^- aooianarl +a hiaIlrE:!-I9ggEgre ARTletE 11; CAR CE D (Page 46) See.J--€s+abliehe4 See,*=-Superin*naen+ +h^ .1,,+ia- aaaianarl +a hia The duties ef the depadment and its persennel shall be sueh as are epeeified in the The skeet department is hereby established' with supervisien ever street+and ARTICtE 12, HE\tTH (Page 46i The health and sanitary department is hereby established' and sueh empleyees as Thara marr ha a clnarialaazlant rrrha -h-ll h^ h^-,{ ^f +h6 A6h6r+n^^+ narfnrnrinn Qaa Q l^i+rr h^-l+h ^ffi^^r /h\ lf {ha rraaatael -a-+ ^h {ha ai+r, aaamiooiaa ia rna fnr a tarm r.rhiah avniraa in ai+har /rihr af l-lania rala+hra ta {ha nraaanratian anr{ nrama+ian ^f +h6 ^,,hli^ haal+h anrl +alvrrlrrEPt-lnv Ii{a anel haal+h nf +ha inhahi+an+a nf +ha ai+rr -rha ai+rr haallh affiaar rrrill alca narfa- pfep€+ Editer's nete This seetien has been editerially deleted as eevered by state and 6ounty-.law en health and sanitatien regHlatiens, SgBB,+le-23 Part Vl. Registration and Elections ARTICLE 2. ELECTIONS Sec. 13. Filling va:ancies in the office of city commissioner. (Pages 51-52) rvL.-vw 1967; 1968; er 1970; the persen appeinted te fill the vaeated seat shall serve fer the full there may be an intervening regular munieipal eleetien, See{--€s+ablishe4 Win{efldefl+ There is established the pesitien ef eity health effieer' whese du9 it shall be te Every library and reading reem eperated and naintained by the eity shallbe ferever See,€"-Funds" All onaaial +avao larrian ar aallaatarl -^/.1 -ll 6'hn6 ;^h^+6,{ ar in anrr ruarr a-aamirad fer the ereetien maintenanee er sgppert ef any publie libraryt shall be kept fer the s6e af orrnh lihraar ia - 66^-r^+^ f,,^n ^f -^i..1 ^ila, -hi chall na+ ha r rcad -a-r di-clrluc-od {raa tn {ha r roa a{ +ha irrhahi+aa+c a{ +ha ai}rr ar rhiaa+ ahrrarro +^ 6, '^h raacnnahla ,,v. sr r, ' rv wErEvr,' anv a+harq,r,gll-vrFg-E- Any bylaws er reguratiens estahlished by the librery beard marbe amenCed by the €iry-€€mmisden- ARTICLE 2. PARKS AND RECREATION BOARD (Page 721 SeeJ-€fEee+s- The parksand reereatien bear+ie hereby astherized te eleet ene elite members as aaalinaa ahall l..a fr rniaha.l la +ha aihr aammicciaa Supp+e-Ze The city commission may at any time by resolution appoint advisory boards composed of men or women who are residents of the City of Dania for a period of eix (6)-men+hs-(90 days) prior to their appointment and otherwise qualified to act in an advisory capacity to the city commission, the city manager, or to any department of the city govemment, with respect to the conduct and management of any property or institution or the exercise of any public functions of the city. The members of such board shall serve without compensation at the pleasure of the commission, and their duties shall be to consult and advise with such municipal officers and make written recommendations which shall become part of the records of the city. (Ord. No. 26-93, Sections 1, 12-14-931 ARTICLE 3. ADVISORY BOARDS (Page 73) Sec. 1. How constituted. Part Xl. Advisory Boards ARTICLE 1. DANIA LIBRARY BOARD (Pages71-721 See-{--ereatea nrembers' te be appeinted by reselstien and ive any?ey er @as a memberef the beard, The bear*ehall @iens fertheir ewn guidanee; and fepthe gievernment ef the library and reading reem, as they deem expedient, ssbjeet te the eentrel and ssfervisien ef the eity eemmiss;en, They shall have eentrel and supervisien eiexpenditures ef meneys eelleeted er denated !o the eredit ef the "library fund," Qaa ? Emnlar,^^a All paid empleyees ef the psblie eity library erlibraries shall be appeinted by the eity €emm+6€{eBr * Editer's nete Ne Part X ef the eharter was ineluded i+Ch, 25768, Sr+pp-Ne=:g first day ef Auguslin eueh yeat shewing all mene.,s reeeived er expendedithe number @md;+er+spapers and eurrent literature subseribed fer er@@ sg,{hejea+randlhe number lest er missing;the number @@g€stien- as they Fay dee eity eemmissien ma" require, whieh repert shall be verified by affidavit ef the preper e+fiee+e-ef+aid-bea+4 S€€-5"-P{Jbti+t ib+ary= There may be ereated by erdipanee ef the eity eemmissien ef the eity ef Dania a The library beard shall' en er befere the first day ef August in eaeh year; make a Editor's note-lt should be noted that Ord. No. 06-95, Section 1, adopted June 27, 1995, purported to amend Pt. Xl, Art. 3, Section 1, to eliminate the requirements of real property ownership to be eligible to serve as a member of the "airport advisory committee.' lnasmuch as Art. 3, Section 1 made no specific mention of the airport advisory committee or a freeholder eligibility requirement, no textual amendment has been made to such section. The user's attention is also directed to Pt. lX, Art.2' Section 1, as amended by Ord. No.06-95. CIry OF DANIA INTEROFFICE MEMORANDUM PERSONNEL DEPARTMENT DATE: April9, '1997 RE:Grov'rth Management Director Selection - 4129197 Of approximately 55 r6sum6s received, we selected eight candidates for further consideration. Of those eight, one withdrew, leaving a pool of seven who were interviewed by the City Manager and myself. R6sum6s ofthe three final candidates are enclosed. They have been scheduled to interview with the commission as follows: Date:Tuesday, April 29, 1997 City Hall Large Conference Room Time:7:00 p.m. Terry Virta 7:20 p.m. Sheryl Bower 7:40 p.m. George "Skip" Grkovic R6sum6s of the remaining semifinalists are available for viewing. cc:Michael Smith Marie Jabalee .k8 L TO: Commissioners ;",;*",";r)'b Personnel Director Place: 1fi RESOLUTION NO. A RESOLUTION OF THE CITY OF DANIA, FLORIDA,APPROVING AS GROWTH MANAGEMENT DIRECTOR; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That is hereby appointed as GroMh Management Director of the City of Dania, Florida, at an annual compensationof$-plusanyincreasesgrantedbytheCity Commission. Section 2. That said appointee shall serve at the pleasure of the City Commission. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 13 day of May 1997. MAYOR-COMMISSIONER ATTEST CITY CLERK.AUDITOR APPROVED AS TO FORM AND CORRECTNESS: BY: CIry ATTORNEY RESOLUTION NO. v Commission Action: Passed ! Failed E Comment: AGENDA REQUEST FORM CITY OF DANIA (3Date:05-06-97 Agenda ltem #: Requested Action: COMMISSION DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE EXPENDITURE OF FUNDS TO HAVE BOTH ADJOINING PROPERTIES SURVEYED. Summary Explanation & Background: DISPUTE BETWEEN PAOLI CONSTRUCTION (2642-44 SW49 CT. AND CHESTO 4976 SW 27TH AVE. REQUEST FOR COMMISSION AUTHORIZATION TO EXPEND FUNDS TO HAVE BOTH ADJOINING PROPERTIES SURVEYED TOGETHER TO DETERMINE LOCATION OF PROPERTY LINE WHICH SEPARATES BOTH PROPERTIES (WEST SIDE OF PAOLI, EAST SIDE OF CHESTO), AND EXTENT OF ROAD EASEMENT DEDICATED TO BOTH PROPERTIES, Exhibits (List): HISTORY MEMORANDUM FROM KEN KOCH, BUILDING OFFICIAL SURVEY Purchasing Approval: NEED APPROVALAND EXPENDITURE ACCOUNT NUMBERTO EXPEND FUNDS Prepared By: KEN KOCH, BUILDING OFFICIAL Source of Additional lnformationi (Name & Phonel Recommended for Approval By: Continued Other ! Title: RESOLVE LOCATION OF PROPERTY LINE LOCATION IN DISPUTE. City Manager City Clerk BERRY & CALVIN. INC.ENGINEEFIS. SURVEYORS . PLANNE RS May 07,1997 City of Dania Attention: Michael Smith, City Manager RE: Property dispute between Christopher Paoli 2642-44 SW 49h Ct. and Chesto 4976 SW 276 Ave. Dear Mr. Smith, In reviewing the two (2) Surveys and legal descriptions as provided, I find a conflict with the legal descriptions and not the surveys- Note on the Paoli legal description by Boggs-Hutchison excepts therefrom the West 145 feet and the Chesto legal description says "inclusive the West 155 feet". This appears to be lem that will have to be resolved by the courts If the above matter please call me incerely yo Berry & Calvl t44 Robert W Senior Profe Mapper #4158 HoLLY1/00D 2 Oakwood Bouievard, Suite 120, Ho Lywood. Fiorida 33020 (954) 921-7781 FAX: (954) 921-8807 C:IOFFICE1wPWIMW?DOCsrO€ru LT uestions reve anv Inc S nJr oran MIAMI 6401 S.W. 87lh Avenue. Suite I11, Miami, Florida 33173 (305) 279-6210 FAX: (305) 279-6323 WEST PALM BEACH 450 S. Auslraiian Ave.. Suite 855. West PaLm Beach, Florida 33401 (561)835-0052 Fl :(561)835'0076 43a to 13 \ ; i-- ' -. t,v\-,'su- - " \+^. J'-t:All- baot " 911 Essl Atlantic Blvd., Suite 108 (305) 782-1441 BCTJIIDARY slrR1/Ey oF: The South 66 feet of the North 818 feet of the West 155 feet of Irts 9 and 10 of BLock 1 of Section 32,of ttre pJ.at of Sections 28,29,31 ,and 32 j,n Township 50 South Range 42 Ejast,as recorded in Pl-at Book 2 at Page 32 in tie Hrblic Records of Dade county, Florida,exceptug therefront the East 10 feet thereof and exc€pting t}Ie west 10 feet thereof reserved for road purposes.Said lands situate in Broward County, Florida. Addr:ess: 4976 S. I/J. 27 Avenue, Fort Lauderdale, I'lorida flood zone: A2 Base flood elev: 7'NG\D G,N# 125093 0375D Revised 12-15-82 Lowest house floor elev: 8.57'rl(i\E ACCURATE LAND SURVEYORS' INC.Pompano Balch, FL 33060 t at vJest end of concrete st@p in front of Lil General store, Square cut 2' south of S. w. corner of builclinq of building, ine of s.w. 29 Terr. Elev=5 . 944 'NGI/D ocf, I d l99l B.M. Ref: #1 477-"Sqn:are" cu res iderce 2931 criffin Rd.230' (+or-) West of centerl Orner: Henrvetta Rust BJ Boggs- Hutchison & Associotes, Inc. Profrssionol Surv€yors UXO SURVE/ CERI'IFIED TO: PAOLI. 1) tra 2411 Flolly*ood 8lvd. Hollywood. Florido 3102O Phonc (305) 922-457S I.EA^L oESCf,FnOr I]TE SOUT}I I2O FEET OF IHE }€RIN II€TI FEEI. LESS I}r€ E ST ]95 FEEI ^N0 LESS TlrE IESI 1l5 FEEI IH€nEOF Ot rE,rgIS 9 ^x0 10. SLoc( l.sEcnoN J2, Iof,nstxP 50 50UII. R!{CE .2 EASr. AS SHOWN',OT pL^T ^SRECOROM X P!-AI &OJ( 2. PT6€ J2. ruqJC RECORDS OE OTDE COUNTY.. FroRro^ D{ w€sl 25 FEEr {{) rH€ nofir 25 FEEI OF IrE ^BOr€oEscRrSEo P nca ^81 RsiEir,ED toR RoAo puRposEs. TnE souft 5' F€ET OF ru AAOVE O€SCFISID P^RCEL IS R€SEFVED FO8 INSI&T^NON . of FUBUC Unun€s- 9rO L rO gItAIE LLNC ^XO AETNG tN BROW T0 @JIIY, FLO8oA HEALTH OEPTRIUE'I CA I|ICAIE crF L8_ '5ra ^7 si I [, ll;ti Eil .la I EE E dtAaJa lh-'- PnofftTt rooms s_r. 1gl}l couilloal uuoE orLE Ftofto^ CTTE IC la6RE!1 Tt0N ECAlo (ca.t corcrlE a.oo( s,irJcruia cl, - oB dx rEELl. - (86t! i.lsxrss ./P - eE Of PA\'EI/O{I olE La. ,!r! !l;'lFli B 8ci w.4 \iRrcrs I r r0 d.oo( rsEc J2-!i0<2 Iaooro" o*, ffir-, F"J O r25091 REVISIONS 0Jo6t{olEs I hcr.by cc.tify thoi I hovc m6d. o ..c.nl rurvGy of th! obovqd..crib.a prop..ty. ond it i. t.u. ond corrEt to lh. !..i o, -yknorl.dq. ond b.licf. I ollo c.rtrry ihot trr. o.. no obov! qround .^croochmant!. unl6r! oth..rrir. ndad. i ,urth.rc..tify thdt th6 surv.v TECHNICAL STANO RDS r!p..!.nt!d hcruon n..t! lho MlNlMUudd6ot.d bv th. nod. 8oo.d o, Ld.darcit-s it ih. Flor'do ldEi.'ltrotiB cod.. 19 -!E-- ^.0. w, Li r5r 5 3T.F *,,,,E-l a/18/92 r /1 f, /97 RE51.'R1/Er ^x0 OEF', CERI l E Undcrgrosnd locotions ond,/or und.rground licroochd.nt., i,o^yr cr. noi ttror. ual@ olhdi.. indicot.d,Thi..trrv.y 16. rcl obrlrlclcrl lo. Eslm.ntr oad/ot tight-ol- O!n!th.. d.! rdcth. to lloublld G-dluc VG.ticol t)rtlm ol 1929 72.021, bd or k n -is-\ COURT 1m2(j' orsa LE ,!r I l!o t LrlF J-F(O N ia 's 95.,{4 #- 5a ELa, Ch..,-,&,t -" l:- oot!d oAr,E s. ffi'/J' LS HIOOEX OR FROII VIET 8Y BUI THE II !ij; I i VACANT I I ) {lE ar3 {ilE 'ral I I I Bl LIGII oESCSlPnOli ^N0 Lrss rHr *Esr rt5 Frn rBEi€oa oF rRars I ^sfcroN r2, rolllssrP so sourHnrcoeoEo rn Pur €ook DISCRETO ]PAftlEI ^Ri RESERIfD 'ORrLF o, tr ABOI' Df5cirsfD oec.l /4tk tbr|. .,r.7qL1.!o'l Boqqs Hutihison & Associotes, lnc.' P/old..ionol Sud.yo.r i L^lro SURVE/ OEFnnEO TOI l , .plolt. tu t ()t, 2411 Boly*ood BlvdHolyrood, rordo rlO20 Phon. (lo5) 922 4s 'fc 3d A66iM ltON MA$ 'dl ,ll;oJ, 'f i ,i:.: { o8lfmi 80 0rT ]l*l' IEHt't ./ E I ri o"'c) 1."F I frrFl ft,," hov. mdd. o r.c.nr sury.y or rh. oboy..o'ikl lo tha b.rt ot nydko .edrry thol ll,. o.. no dbove, uni.ts oth€mise ndrd I rurlh6r ddopr.d by the t 3/t3/s7 NO'IES1/'rls7 nsuRvry N0 undlrerou.d ocorionr.ndl Thi. .u.v., r.! .G.m.nts .idld .iqhi or Erdtlm. or ..r.U- to xouoEr cd.tic v.rticoi ootun o. r92s .r*rLe-____!r!:A-ha. Er.d On: ,rc-E l€rsrE f, tE,-!. COURT r20.20' ,e. f- IF j ui V AC AN1 6 ,n-t l" E s. o!*tr , ---.Etrlz- *rrl BERRY & CALVIN. INC.ENGINEERS. SURVEYORS . PL,ANNE RS May 07,1997 City of Dania Attention: Michael Smith, City Manager RE: Property dispute between Christopher Paoli 2642-44 SW 496 Ct. and Chesto 4976 SW 276 Ave. Dear Mr. Smith, In reviewing the two (2) Surveys and legal descriptions as provided, I find a conflict with the legal descriptions and not the surveys. Note on the Paoli legal description by Boggs-Hutchison excepts therefrom the west 145 feet and the Chesto legal description says "inclusive the West 155 feet". This appears to be a em that will have to be resolved by the courts. the above matter please call me incerely Berry & Cal o4i Robert W Senior Mapper #4158 CIOFFlCE\wPwIlAwPOocs\tu tiB LT HoLLYWoOD 2 oakwood Boulevard, Suite 120 Hollywood, Florida 33020 (954)921-7781 FliX:(9s4)921.8807 If Inc VE uestions Jrn s onal MIAMI 6401 S.W. 87lh Avenue, Sulte 111, Miaml, Florida 33173 (305) 279-6210 FFJ: (305) 279{323 WEST PALM BEACH 450 S. Australian Ave., Suile 855, West Palm Beach, Florida 33401 (561)835-0052 FAX: {561) S3$0076 l3u lD(.3 -- LCi -.i-{ t(bcro,h " 91 1 Essl Atlantic Blvd.. Suite 108 (305) 782'1441 ACCURATE LAND SURVEYORS, INC.Pompano Bglch, FL 3iI060 EgnII)ARy SlJlsIEy oF: The South 65 feet of the Nort-h 818 feet of the West 155 feet of Iots 9 arKi 10 of Block 1 of Section 32, of the plat of Sections 28,29,31. and 32 in lotnship 50 Souti, Range 42 East, as recrcrded in Plat B@k 2 at Page 32 in the Public Reclrds of Ede county, Florida, exceptj.ng tlerefrsn t}Ie East 'l 0 feet thereof and -excepting !ne. [est 10 feet tnere6i feserved fot ioad-E:rposes: Said lands situate in Brc,e,ard @untY, Florida. Addr:ess: 4976 S. tJ. 27 Avenue, Fort Lauderdale, Ilorida Flood Zone: A2 Base flood elev: 7'NGVD eN# 125093 0375D Revised 12-15-82 I-oralest house floor elev: 8.57'}lCiD B.M. Ref : #1 477-"Sr-ruare" cr:t at vlest end of concrete stop in front of Li1 General Store, residence 2931 Griffj.n Rd. Sguare cut 2' south of s. I,l. corner of building of building, 230' (+or-) west of centerline of S.W. 29 Terr. EJ.ev=6.944'NGI,D qrner: Henryetta Rust ocl r 4,9e1 CITYOF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO:Michael Smith City Manager @r*o*Ken Koch Building Official RE Property dispute between Christopher Paoli 2642-44 SW 49 Ct. and Chesto 4976 SW 27 Ave. Date:May 6, 1997 A building permit was issued to Paoli Construction, for development of a duplex residence on land a|264244 SW 49 Ct., based on a survey done April 17, '1996 which shows a 25' road easement on the west side of the property. Chesto is challenging this ownership as they have a survey dated October 1 0, 199'l , which shows that they have a 10' road easement on the East Side of the property. The question, which must be resolved, is the location of the property line between the two properties. The location of the line and the extent of the easements can only be determined by having both surveys done together. This should be done by the challenging party (Chesto), but the City has an interest in that a permit has been issued which is being called into question. Any determination as a result of the survey shall be binding to both parties. The question is, should the City spend the money to attempt to resolve the conflict, or should Chesto be instructed that this is a civil matter. lf Chesto takes civil action, there could be conflicts with Paoli. KK;lc v,trr, -/l,f ,ltr .,t,,1 ,-t i kl A -J. t,L?{ 7 t ,.('(/' c{c /c" I '/"te-F'of 1.,'-,li t'Lz 1----Q {"n'A t.,P ml,?( (-){vr"-! (_ F ,00'0zr ,00's6 a: d gE 3 d E ftt?,2_Fu =oO rf f- I o I j --tnEd .to 1t .!i Re E d. q oo' ,00'96 o\,ou,9z U3J- HJ.gZ 'M'S ; t)i9 tu1 ,rd z I\Ii 0\ I r) 0\' t \$ 5 i\ \ \Q s\ tr :l t\ \\\ \ ( q \ h I + ..1 ,9o/J t/<, n )2O ,< g /t,/! 7Y,VO/tOO/. si,>)7P,9 s',/ 2 e(h .m'oz I ,so ;"/ ot) \ 0 q, 2fltQ Xll,,k 'o <jr>tJ9 '9,/turo/dt .o2 ro,, u \ \ i 0$ $ \ + \ 0 \s t qt\ 'i Rrli I B { s\,,1i\ \( ., lr O'. u, 0 -+ e9/z? ! <i I tr!4 l I ! I I I I I I t+ M€mb€r NATIONAL AUDUBON SOCIETY Membet FLORIDA AUDUBON SOCIETY 28 April 1997 The Honorable Robert Mikes Mayor City of Dania City Hall 100 West Dania Beach Boulevard Dania, Florida 33004 Dear Mr. Mikes: This letter will serve as a formal request for an opportunity to speak to the City Commission at the May 13 meeting. I would like to address the Commission concerning the Fairfield Inn development at Stirling Road and I-95. I can be reached at 776-5585 when you make your decision on my request. truly vours, David M. Forman President P.O. Box 9644 Fort Lauderdale, Florida 333t0-9644 CITY OF DANIA AIRPORT ADVISORY BOARD ,l April 30, 1997 City Commission City of Dania 100 W. Dania Beach Blvd Dania, FL 33004 RE: PROPOSED DEVELOPMENT ORDER RELATED TO HOLLYWOOD- FTLAUDERDALE INTERNATIONAL AIRPORT Gentlemen: It is the unanimous recommendation of the Airport Advisory Board that the City Commission direct the City Manager with the following: r lnquire which rules of notification were used in conjunction with the public notices issued for the Broward County Planning and Zoning Board meeting oI 419197 and the Broward County Commission Meeting selfor 5121197. The purpose of which is hear and possibly act on the proposed Development Order for Hollywood-Fort Lauderdale lnternational Airport Expansion. Additionally to verify that the rules of notification have been observed. lt was the consensus of the board that there has been a failure on the County's part to adequately notify all interested parties of these important hearings past and future. This is of particular concern since the notices that where sent included both meetings; and the second meeting may not be properly re-noticed. > Make certain that the City of Dania is represented in an official capacity at the upcoming County Commission meeting of 5121197. This is of particular concern in light of the fact the City and its citizens interests where not represented in any capacity at the Broward County Planning and Zoning Board Hearing of 419197 and that many of our residents where not properly notified of this important hearing. Thank you for your consideration. Sin rel [oh IRann Chairman CC: Michael Smith, City Manager VL;lc -k A4-8-797 dtzp , FR(},I lnnovat ru.rESIGl.lS TO couN'l Y llo^llD oI c()uNl Y coMlrllssloNERs AVIATION DOPAR TMTiNT 1400 Lee Wagencr Boulevnrd Ft. Lirudcrdalc, FL 33315 'l'clephonc: (954) 359-6 100 92re? P.82 t'. ' "? ,12 >2 '1 q 1 1? ov ' --'["0'' ..1t".". c") ! NO',l'ICll OF lN',tDN'l"l'O CONSIDIJII Alroln loN ol. A DlavEt,orMBNl' OIIDDlt lfoll t'tlE l|ott'l' t-AUl)t tDALll- ()LLYWO0D lN',l'EltNA',l'l0NA L AlRPOll't' I)I]VELOPMTJN'I' OT IIIIGIONAL IMPACl' NOflCE lS ulrRltBY GIVEN by tlr Broward Couttty ZoniDg llorrd arrd the Boitrd o[ County Cornmissio[crE of Broward Counly, Floride, plrsuanr to Cllap(er I25, S€ction 125.66(4) and Chapter 380, Scc(ion 380.06( I l) Iilorida StxtLrtcs that snid Boards intcnd k) corlsiilcr llrc ldol)lio ofn (lcvc[) r|cnt ordct rchtirrg to iI prlrlDscd dclcloptretlt wltich is urrdergoing it Dcvelopnlent of llcgiotritl inlpact lacvicw lli lhc diltc, tillle and locrliurl spcificd bclow: Z(INING II0AIID I'UI]LIC IIItrARING Wcduesduy, April 9. 1997 7:30 p,ru. (;ovc.nmentnl Ccrter lluikliug, lloont 422 I l5 S. Anrltcrvs Avcrlrte l'1. Lou(ler.hlc. l,'1, 3-13lll t)A'r'l! oF lllrARlNG:,I'IME A'T OR AITIIR; t,oc^'uoN Otr tUEETINC I trA'l'E oF llEAtUNG:,I'IMI' AT OR AF-I8R: LOCA't'l()N OF MAETIN(;: couN't'Y cowlMIsstoN PUlrLlc I lli^luN(; 'l'ucsd.y, Ivlry 27, 1997 2:00 pJrr. (iovenurcntrl Cculer lluikling, lloon 422 I l5 S. Alldretvs Avcnue fL l{u.lcralslc, Fl, 33301 \:,. i 'TIIE FOR'I' LAUDERDALE-IIOLLYWOOD IN'TERNA'TIONAL AIRPOR'I' DEVIII'PMEN'I' OF RECIONAL IMPAST CON'I'AINS APPROXIMATELY I,7 I8 ACRE,S AND IS GENERALLY LOCATED WITTIIN BOUNDARIES S}IOWN ON.I'[IE MAP DEPICTED BELOW. TIIE PROPERTY IS LOCAI'ED WITI.IIN UNINCORPORATED BROWARD COUNTY AND WtTtItN THE CI'I'IES OF FORT LAUDERDALE AND HOLLYWOOD, ItE PIIOJECI' INVOLVES TIIE PROPOSED EXPANSION OF'TTIE AIRPORT wlIICII INCLUDES TIIE FOI-LOWING MAIOR ELEMENTS; Ex(ension of Runway 9R-27L fronl 5,276 fcct lo 9,000 fcct ir atl e&sterly dirc,ctir.:rr.'linnirral arca aDd concoursc developurcnt colsistirg o[ ]8 additiolal gates, rosdway nlodincations, md porking. Developnrcnt of an aiqlo[ support area to lhc west of lrtc[tatc 95. llltEltsIAtE 59! E ),1 t)_l 'r.:.'..r.. Ptoj8ct Boundary (oYet') folq_ P ,22 'lIc prolrcscrl l)evcloprnent of Rcgionnl lttllact is Scncrr ly dcscribcd lrhrw: I I +flv DIE DO DANIA ECONOMIC DEVETOPMENT CORPORATION I 399 Stirling Rood PO. Box 694 Donio, Florido 33004 (9s4) 92r -70s0 MEMORANDIJM l-e /Alc \(^tE0 V t5 TO:Dania City Commission Jerry Carter, Executive Director Dania Econouic Development Corpo FROM: SUBJECT: Waiver of Permit and.fmpact Fees for Dania Economic DevelopEent Corporation I s Senj.or Cltizens Housing Complex DATE: May 7, 1997 Danj.a Economlc Development Corporation (DEDC) hereby request for waiver of permit and lmpact fees relatilrg to the construction of DEDC's Senior Citizens Apartment. flous ing Complex. Your contlnued support of DEDCTs efforts to enhance affordable housing for resldents of the City of Dania, is greatly appreclated. wrflt lon A Tox Exempt, Not-For-Profit, Florido Corporotion I.' D _-..r 6 1997 CITY OF DANIA INTER.OFFICE MEMORANDUM TO: FROM: RE: Mayor and Commissioners Marie Jabalee, City Clerk Code Enforcement Board appointment May 5, 1997DATE: On April 8, 1997, you appointed James Rogers as the "Plumbing or Mechanical Subcontractor" member to the Code Enforcement Board. Mr. Rogers has informed us that he is not a resident of Dania and has declined to accept the appointment. Section 2-74(b) (5) of the City Code reads; "lf possible, each regular member of the board shall be a resident of the City of Dania." MJ/cs Cc: Frank C. Adler, City Attorney f fL vltilo3 uo ouvo8 lo f t/!vN 3ti\loH oNV ssSNlsn8 uor sursrunN SNoHd 'ssf uoov ' 3vlvN ffrNroddv (t) flrltllty\oc uo ouvo8 lo :nvN fvloH oNV ssfNtsnS uol suf8vtnN lNoHd 'ssfuoov'Sl vN fllNloddv (e) :lfrt-tNt oc uo ouvo8 lo 3nvN f u\oH cNV ssf Nrsn8 uor sufswnN f NoHd 'ssfuoov ' f t vN rr-LNroddv (z) f Srllnnoc uo ouvoS lo lti\vN f y\loH oNV ssrNtsn8 uol sulSwnN SNoHd 'ssf uoov ' SWVN SfrNloddv (I) (s) tNit/,l.LNloddv eNl)vli! uf Notssfl Woc/uoAVtA 'fSlllo s,vuf'lc _Uc 3HI Nr vJ_'lvs f NSluvHc or ]-t Nunl3u oNV ti{uol stHrllf "ldt OO OI lN3l l]-NlOddv NV e NlLl-lr!8ns Sl OHM Uf NOlSSll,llylOC HCVS UOI lnld-lf H AUSN SI 1I ,S33TNIOddV M3N UOJ )UOMUfdVd AUVSSfCfN 3H1 SSSCOUd OJ- U]OUO NI WUOI lNfWrNlOddV ffr WWO9 UO OUVOE CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DANIA BOARDS UPDATED AS OF 04122197 NAME OF BOARD/MEMBERS AIRPORT ADVISORY BOARD:1. Alex Buchsbaum2. Billy Phipps3. Vacant4. Vacant 5. Vacant 6. Vacant7 Kim Lopes8. Jay FieldL Alex Ortiz 10. Beulah Lair 11. Victor Lohmann 12. Vacant 13. Ann Castro 14. Cathy David 15. Vacant '1 . Eugene Jewell 2. Judith Coatsworth 3. Richard Sowden 4. Myrtle Corbin 5. Al Spies ctvlL sERvtcE BoARD (4 YEAR TERMS) (1) Kurt Ely (2) Hugo Renda (3) Willjam Johnson (4) Bruce Caruso (5) Vacant ALTERNATES: (6) Patrick Santeramo (Alt.) (7) Eula Gardner (Alt) (8) Donna Eades (Alt) NTED TERM BEGINS TERM EXP. RE 03t25t97 04t08t97 04l08l97 04t08t97 04t08197 03125t97 03t25t97 03t25t97 03t25t97 03t25197 04108t97 03t25197 03t2s197 03t25t97 03t25t97 03t22194 07 t27 t93 10/13/95 04108t97 10/13/95 09/15/95 03118197 03t18t97 03/18/97 03118t97 03t18t97 03t18197 03t18t97 03118t97 03t18t97 03t18t97 o3118197 03118t97 03t18t97 03118t97 03118t97 03t18t97 03t18t97 03t18t97 03t18t97 03t18t97 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 21-97 42-97 Bertino Bertino Bertino Cali Cali Cali Etling Etling Etling Hyde Hyde Hyde Mikes Mikes Mikes. Bertino Cali Etllng Hyde Mikes Growth Mgmt. Dir 42-97 42-97 42-97 21-97 21-97 21-97 21-97 BUDGET ADVISORY COMMITTEE (2 year terms) 22-97 43-97 22-97 22-97 22-97 Marie Jabalee Finance Dir. 23-97 44-94 120-93 150-95 49-97 150-95 150-9s Comm. Appt. Monica Griffith Comm. Appt. Personnel Dir. Employee Elected Employee Elected Citz.nom. by Comm/Elected by employees Comm. Appt. Alternate Employee Elected Cit.nom. by Comm/elected by employees 5/5i97 (BOARDS _BDSUMMARYMARgT,DOC) GOMM.APPOINTMENT STAFF 04t01t96 04t01t94 04t01t92 04101t94 04101t94 04t01196 04t01t92 04101t92 04t0112000 04t01t98 04/01/96 04t01t98 04t01t98 04t0112000 04t01t96 04101t96 CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DANIA BOARDS UPDATED AS OF 04122/197 NAME OF BOARD/MEMBERS DATEAPPOINTED TERM BEGINS TERM EXP. RES#COMM. APPOINTMENT STAFF ASSIGNED CODE ENFORCEMENT BOARD: (3 YEAR TERMS) (1)Richard Bettor (R/E Person) (2) James Rogers(Plumbe0 (DECLINED) (3)Alex Buchsbaum (Lieu of Engineeo (4)Jimmy Peterman(Lieu Architect) (5)Beulah Lair (Lieu Gen.Con) (6) Peggy Breeschoten(Businessperson) (7)Wlliam Sargent (Electrical Sub-Contractor) ALTERNATES: (8) Donna Mathis(Alternate (9 Stacey Costello (Alternate) 04123196 04108t97 01/10/95 02t13t95 04t23t96 03t25t97 04108197 04t08t97 04t08197 11t11t95 11t11t94 11t11194 11t11t94 11111196 11t11t95 11t11t96 09/08/95 09/08/95 03118t97 03118t97 03118197 03t18t97 03t18t97 03t18t97 03118t97 03t't8t97 03118t97 03/18/97 11t11t98 11111t97 11111t97 11t11t97 11t11t99 11111198 11t11t99 09/08/98 09/08/98 03/16/99 03/16/99 03/'16/99 03/'16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/'16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/'16199 03/16/99 2 48-96 50-97 09-95 09-95 48-96 24-97 50-97 50-97 50-97 44-97 44-97 Comm Comm Comm Comm Comm Comm Comm Appt. Appt Appt. Appt Appt. Appt Appt. Comm. Appt Comm. Appt Growth Mgmt. Dir. & Spence Johnson Kristen Jones Parks & Rec. Dept Growth Mgmt. Dir COMMUNITY AFFATRS ADylSORyAOARD (10 nembers - 2 year terms) (1) Kathryn Philpart 04108197 03118197 (2) Vacant 03118197 (3) Mary Tuten 04108197 031'18197 (4) Vacant 03118197 (5) Vacant 03118197 (6) Vacant 03118197 (7) Mary Barrett 03125197 03118197 (8) Peggy Breeschoten 03125197 03118197 (9) Beulah Lair 03125197 03118197 (10) Vito Mancino 03125197 03118197 DANIA ECONOMIC/DOWNTOWN REDEVELOPMENT BOARD (1) Maryann Signore 03125197 Vacant Philip Miller Vacant Alex Ortiz Carol Christ.Moral Joel Azrikan Vacant Vacant 04108t97 (10) Vacant 5/5/97 (BOARDS -BDSUMMARYMAR9T.DOC) 2 3 4 5 6 04t08t97 04122197 03t25t97 25-97 25-97 25-97 25-97 Bertino Bertino Cali Cali Etling Etling Hyde Hyde Mikes Mikes Bertino Bertino Cali Cali Etling Etling Hyde' Hyde Mikes Mikes 26-97 45-97 45-97 26-97(7 (8 CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DAN]A BOARDS UPDATED AS OF 04122197 NAME OF BOARD/MEMBERS DATEAPPOINTED TERM BEGINS TERM EXP. RES#COMM. APPOINTMENT STAFF ASSIGNED (No staff Assignments for this board - Mayor appointees) (1)Gloria Daly (Chairperson) 10/08/96 (2)Sullivan Rodriguez 11123193 (3)Barbara Bullock 01/10/95 (4)Tom Sette 10/08/96 (5) Bill Winkelholz 03125197 (6)June Silvernale 06127195 (7)) Everette Rickman 09/10/96 HUMAN RELATIOIVS BOARD GENERAL EMPLOYEES PENSION BOARD (1)Vice Mayor Jim Cali (4 year term) (2)Myrtle Corbin (2 yr term) (3)Richard Eglinas (2 yr.term) (4)Marie Jabalee (3 yr.term) (s)Lou Ann Cunningham (3 yr.term) (1) Helen Udell (2) Alex Buchsbaum (3) Greg Meyer (4) Shirley Seay (5) Merita Mitchell (6) Vacant (7) Bob Adams (8) Vacant (9) Mildred Jones (10) Judy Usifer MARINE ADVISORY BOARD (1 YEAR TERMS) (1) Craig Mc Adams (2) Louis Webb 5/5/97 (BOAROS -BOSUMMARYMARgT. DOC) 03t25197 07 t23t96 05t23195 06/26/95 06t28t94 03125t97 03t25t97 04t08t97 04t08t97 03t25t97 03t25t97 03118197 06/23l96 06123t95 06/23l95 06123t94 03/2001 06/23198 06123197 06t23t98 06123197 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/98 03/98 3 27-97 69-96 8'1-9s 11t1t96 11t01t93 11101t94 11t1t96 11101t95 06/0'l /95 06/01/95 11t1t2000 11t01197 11/01/98 11t1t2000 11t01t99 06/01/99 06/01/99 104.96 NO STAFF ASSIGNED 190-93 07-95 104-96 34-97 Complete J. Usifer term 106-95 85-96 Comm. member Comm.Appt. Comm.Appt Emp.Elected Emp.Elected M.Jabalee City Clerk Monica Griffith Personnel Dir. Mardie Holloway Parks & Rec. Dept 03t25t97 04t22197 03t18t97 03t18t97 03t18t97 03118t97 03/18/97 03118t97 03t18t97 03118197 03t18t97 03t18t97 28-97 28-97 46-97 46-97 28-97 Bertino Bertino Cali Cali Etling Etling Hyde Hyde Mikes Mikes 03t25t97 04t08t97 28-97 28-97 29-97 47 -97 Bertino Bertino' 03t18t97 03118t97 HOUS/NG AUTHOR|TY (4 YR.TERMS) CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DANIA BOARDS UPDATED AS OF 04122197 NAME OF BOARD/MEMBERS DATEAPPOINTED TERM BEGINS TERM EXP. RES#COMM. APPOINTMENT STAFF ASSIGNED OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD 1. Vacant 2. Vacant 3. Vacant 4. Vacant 5. Vacant PARKS E RECREATION ADVISORY BOARD MARINE ADVISORY BOARD CONTINUED (3) Cathy Petowsky (4) Larry Weisner (5) Charlie McKenna (6) Vacant (7) Debbie Helmlinger (8) Douglas Heller (9) William Wosenitz (10) Vacant (1)Patti Fuccile (2) Cynthia WIkins (3) Dede Allen (4) Deanna Jagemann (5) John Dai Zovi (6) Tim Cates (7) Craig Redesel (8) Oiane Curry (9) Marco Salvino (10)Craig McAdams 03t25t97 03t25t97 03t25t97 03t25t97 04108197 03125197 03t25t97 03t25t97 04t08t97 04t08t97 04t08t97 04108t97 03t25t97 03t25t97 03t25t97 04122t97 03t18t97 03118t97 03t18t97 03t18t97 03118t97 03t18t97 03t18197 03118197 03t18197 03t18t97 03t18t97 03t18197 03t18t97 03t18t97 03t18t97 03t18t97 03l18ts7 03t18t97 03118t97 03t18t97 03t18t97 03t18t97 03118197 03118t97 03118t97 03t18t97 03118197 03118197 03/98 03/98 03/98 03/98 03/98 03/98 03/98 03/98 03/16/99 03/16/99 03/'16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/'16/99 03/16/99 03/'t6/99 03/16/99 03/'16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/'16/99 03/16/99 4 29-97 29-97 29-97 Cali Cali Etling Etling Hyde' Hyde Mikes Mikes Bertino Cali Etling Hyde Mikes 29-97 47-97 29-97 31-97 30-97 30-97 48-97 48-97 48-97 48-97 30-97 30-97 30-97 Bertino Bertino Cali Cali Etling Etling Hyde Hyde Mikes lrilikes Eula Gardner Bldg. Dept. Kristen Jones Parks & Rec. Dept PLANNING AND ZONING BOARD:(2 YR. TERMS) (1) June Silvernale 03125197 (2) Vacant (3) Josh Dresser 03125197 (4) Pat Janowski 03125197 (s)Victor Lohmann 03125197 5/5/97 (BOARDS _BOSUMMARYMAR9T,DOC) Bertino Cali Etling Hyde Mkes. 31-97 31-97 31-97 Growth l\,4gmt. Dir CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DANIA BOARDS UPDATED AS OF 04122197 NAME OF BOARD/MEMBERS OATEAPPOINTED TERM BEGINS TERM EXP. RES#COMM. APPOINTMENT STAFF ASSIGNED POLICE AND FIRE PENSTON BOARD: (2 YR.TERMS)PER STATE STATUTES (1)Cathy David (2) Robert Donly (3)Beulah Lair (4)Wardell Lee (5)Eugene Jewell (6)Vinson Marlin(Police Rep) (7)Larry Rogers (Police Rep) (8) Michael Brown (Fire Rep.) (9)Patrick Patterson(Fire Rep.) U ISAFE SIRUCTURES BOARD:(3 YR. TERMS) (1)Richard Bettor (2)Harry Hipler (3)Sam Jolley (4)C.F. "8iil" Hilr (5)Frank Hill (6)William Sargent (7)Brenda Miller (8)Neal Aronson (9)Robin Coatsworth O UTS I D E DA N I A A P P OI NTM ENTS 03t25t97 03t25t97 03t25197 03t25t97 04t16197 04t17197 04t17 t97 04t07197 04107197 03t18197 03t18197 03t18t97 03t18t97 03118197 03/18/97 03t18t97 03t18t97 03t18t97 03t12197 03t12t97 03t12t97 03t12t95 03112195 03t12t95 03t12t96 03t12t96 03t12t96 03/16i99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03/16/99 03t12t2000 03t12t2000 03t1212000 03112t98 03h2ts8 03t12t98 03t12t99 03112199 03t12t99 32-97 32-97 32-97 32-97 33-97 33-97 33-97 67-95 25.1-95 98-95 b3-vb 65-96 51-97 Comm. Appt. Sonny Brown Comm. Appt. Pension Office Comm. Appt Comm. Appt th member-Bd.of Trustees P.D, Elected P.D.Elected F.D. Elected F.D. Elected (Real Est. Prop. Mgr Ken Koch(Attorney) & Eula Gardner (Plumbing Contractor) (Enginee0 (Gen. Contractoo (Elect. Contractor) (Cit.exp.social prob) r (Architect) (Real Est. Property Appraiser) NEW RIVER TASK FORCE Commissioner Hyde 06t25t91 N.O.t.S.E Commissioner Bob Mikes (Voting Delegate) 07/13/93 BROWARD COUNTY COMMU N IW DEVELOPM ENT Jimmy Peterman appointed Municipal Represenlalive 9/24196- RES. #89-96 5/5/97 (BOARDS -BDSUMI\,1ARYMAR97.DOC) 03t25t97 03t25197 03t25t97 05/09/95 02t15195 06/13/95 07/09/96 07/09/96 04t08197 5 CITY OF DANIA SUMMARY OF BOARD AND COMMITTEE MEMBERS DANIA BOARDS UPDATED AS OF 04122197 NAME OF BOARD/MEMBERS DATEAPPOINTED TERM BEGINS TERM EXP. RES#COMM. APPOINTMENT STAFF ASSIGNEO BROWARD COUNTY LEAGUE OF CITIES Mayor Bob Mikes and Vice Mayor Jim Cali FLORIDA LEAGUE OF CITIES Mayor Bob lvlikes and Vice N.4ayor Jim Cali NATIONAL LEAGUE OF CITIES Mayor Bob Mikes and Vice [4ayor Jim Cali 3t25t97 3t25t97 3125197 65/5/97 (BOARDS -BDSUMMARYMAR9T,DOC)