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HomeMy WebLinkAbout30679 - MINUTES - City Commission MI NUT L.o REGULAR MEETING DANIA CITY COMMISSION JANUARY 11, 1977 r Invocation by City Clerk Wanda Mullikin. Pledge of Allegiance. Roll Call Present : Mayor: Robert H. Duncanson Vice Mayor: John Bertino Commissioners : -Frank Adler Robert Donly John Kay City Manager: John Lassiter City Clerk: Wanda Mullikin City Attorney: Jack Mil.bery Poli-ce chief : Fred Willis s: loni_ng Consultant : Luther Sparkman z Absent: r. Building Official: Tom Littrell (excused) i; Business i 1. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to approve the minutes of the regular meeting of December 28th with the two changes, and the special meeting of January 5th. The motion passed unanimously. 2 . Citizens Comments. Mayor Duncanson read a letter from Mercy Ambulance commending Fire Fighters John Knight and Michael Brown for aiding in the saving of a life under paramedic service. The Mayor also read a proclamation proclaiming January Voluntary Blood Donor Month. Mayor Duncanson read a memorandum from the City Manager to the Commission concerning the evaluation of Police Chief Fred Willis. Mr. Sockett invited all present Commissioners and commission candidates to come to the Danians on February 2nd at 8 :00 P.M. for Candidate' s Night. 3 . Public Hearing. Consideration and possible action on a request for special exception use by Mr. Donald R. Austin to allow enter- tainment upon the premises of 1431 North Federal Highway, formerly known as Michael' s Inn. A motion was made by Commissioner Adler seconded by Commissioner Kay to approve the use. Vice Mayor Bertino made a motion to amend the motion that this use be approved for weekends only. The motion died for lack of a second. A roll call vote was taken, and the motion passed. ?Iayor Duncanson - yes Commissioner Donly - no Vicc :9ayor Bertino - no Commissioner Kay - yes Comriissioner Adler - yes l+ . ;;iscussion was held on an employee incentive plan. The Mayor would like to institute an incentive program in the City such as: 1 ) employees living and working in the City would be givens 5% raise. This would be figured into the next budget. recognition be given to employees who have worked for the City for 5, 10 , or so many years. 3 ) an employee of the month award. the COmmission instructed the City Manager to check into osts , etc . and that the employee of the month award could be handled by the City Manager along with a department head committee and involvement of the Commission and citizens. S . Report on cost of comprehensive planning. The City Manager said he would have this report ready by the next regular meeting. 6. Consideration and possible action on Senate Bill 1000 amending S/S 3.1.2 . 075 , 7-E - Section 2 , allowirg retired employees to remain on group insurance providing they pay the premium. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino that the City Manager and City Attorney draw up a resolution in support of Senate Bill 1000. Commissioner Donly then withdrew his motion to reword the motion to read that the City Attorney prepare an ordinance to have the City of Dania comply with this law. Vice Mayor, Bertino seconded the motion. The motion passed unanimously. 7 . Broward County League of Cities - Discussion of municipal lobbying representatives. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to allow any commissioner to attend at least one meeting of the Legislature. The motion passed unanimously. S. Request from Y-100 to hold a concert on Dania Beach July 4th. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to have the City Manager or a his representative and the Chamber to talk further with Y-100. The motion Massed unanimously. 9 . Consideration and possible action on an ordinance for 1st reading putting annexation on referendum in upcoming election. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to move this item to the end of the agenda. The motion passed all ayes. 10. Consideration and possible action on an ordinance for first reading on charter changes to be put on referendum in upcoming election. A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to pass on first reading the ordinance amending the charter by referendum on the ballot of March 8th. A roll call vote was taken and the motion passed unanimously. Mayor Duncanson - yes Commissioner Donly - yes Vice Mayor Bertino - yes Commissioner Kay - yes Commissioner Adler - yes 11. Consideration and possible action on an ordinance for first reading amending the General Employees pension plan. This would allow an employee to work past the mandatory retirement age and continue paying into the retirement fund. A motion was made by Vice Hayor Bertino to table this item until the next meeting. Commissioner Donly seconded and the motion passed unanimously. 12. A motion was made by Commissioner Kay, seconded by Commissioner Donly to approve the bills for the month of December, 1976. The motion passed unanimously. 13. The City Manager presented the Commission with a cost report on the City providing sanitary services themselves. There was much discussion, but no action taken. A workshop meeting will be set-up in the next couple of weeks on this item. 14 . A motion was made by Commissioner Donly, seconded by Commissioner Adler to pass on first reading the ordinance amend- ing the existing zoning ordinance setting time limit on reapplying for variance or special exception use. A roll call vote was taken and the motion passed unanimously. Mayor Duncanson - yes Commissioner Donly - yes Vice Mayor Bertino - yes Commissioner Kay - yes Commissioner Adler - yes City Commission -2- January 11, 1977 icy._:amwre .�._ . . . a� 15 . A motion was made by Commissioner Donly , seconded by Vice Hayor Bertino to adopt a resolution objecting to changes in the court system. The motion passed unanimously. 16 . A motion was made by Commissioner Kay, seconded by Commissioner Adler to authorize Vice Mayor Bertino to attend a League of Cities' committee meeting in Tallahassee on Jan. 13th and Mayor Duncanson to attend the Broward League of Cities Board of Directors meeting in Tampa on Jan. 21st, and for the money to come out of the contingency fund. The motion passed unanimously. 17 . A motion was made by Vice Mayor Bertino, seconded by Commissioner Kay to waive the "opt-out" process under the Community Development Block Grant program. The motion passed unanimously. 18 . A motion was made by Commissioner Donly, seconded by Vice Mayor Bertino to table until the next meeting the ordinance concerning traffic control on Fronton Blvd. and N.E. lst and 2nd Streets. The motion passed unanimously. 19 . Discussion was held on the creation of a park site on City property located at Stirling Road and west City limits. The Commission asked the City Manager to provide them with a cost estimate for removing the junk that is on the land and for putting in a grassy area, a few 'trees and a parking area. 20 . continuation of item N9. The Mayor suggested that this item be continued until the special meeting on January 12th. The Commission agreed. 21 . City Manager Lassiter reported on the progress of the beautification program for the strip of land along U.S. kl north of the Dania Cut Off Canal. 22 . A letter of resignation from the Planning and Zoning Board from Howard Hirsch was read and put on the agenda of the special meeting of January 12th. 23 . A motion was made by Commissioner Adler, seconded by Commissioner Kay to continue this meeting until 7 :30 P.M. January 12th. PD. i .�, Mayor-Commissioner City C1 rc- u rtor City Commission -3- January 11, 1977 IVALDE' N AND OVA i.D IiN 11v AT'1'ORNLY AT LAW ..a.� Till: DANIA IIANH 1111ILILNO �+> 'L RR EAST DANIA I1l!A(:11 it 011 l.liVAHD Sv DANIA, 1'LORI UA 3000-1 ,x il'LL•191pNE (000) 091'991b C-LAIMI: WALDEN �(tirvlR ar- HIA111 011'00.41 ;{{ r, JANI's ". OALDEN January 12, 1977 MMPANO MACH 595.905U "Vt q UIYOS 11101MAS City Commission i City of Dania Dania, Florida 33004 Re: Our file number M-4-295 Joseph Gulya, et al. - objections w to rezoning by City of Dania Gentlemen: As of today and with respect to certain rezoning proposed by City of Dania concerning lands within the city lying South of the Dania Cutoff Canal and East of U. S. Highway No. 1, I represent the following described property owners whose names, addresses and properties which they own are as indicated, to wit: Helen M. Frost, whose address is 400 South Federal "= Highway, Dania, Florida, who owns the following described property, to wit: Northeast 1/4 of the Southeast 1/4 of the zw Southeast 1/4, less road rights-of-way and w" drainage district, and less the North 125 1 'feet of the West 125 feet of the East 160 feet, Section 34, Township 50 South, Range 42 East, said lands situate, lying and being in Broward County, Florida, and containing 8. 346 acres more or less; Dania Country Club, Inc. , a Florida corporation, whose address is 402 East Dania Beach Boulevard, Dania, Florida, which owns the following described property, to wit: DANIA GOLF COURSE, according to the plat thereof recorded in Plat Book 32, page 17, Public Records of Broward County, Florida, said lands situate, lying and being in Broward County, Florida; Joseph Gulya, whose mailing address is 16 Concord Street, Edison, New Jersey, who owns an undivided one-half interest in and to the following described property situate, lying and being in Broward County, Florida, to wit: Lots 1 to 10 inclusive, Block 2, and all of Blocks 3, 4, 5 and 6, less Lot 2 in said Block 4, HOLLYWOOD MANORS, according to the plat thereof recorded in Plat Book 11, page 1, Public Records of Broward County, Florida, said lands situate, lying and being in Broward County, Florida; Gibraltar Realty Corp_._, A New York corporation, whose address is La Cresentia, Post Office Box 1574, Rancho Santa Fe, California, which owns an undivided one-half interest in the following described property, to wit: i �tk y 1 `Iq e, page two Lots 1 to 10 inclusive, Block 2, and all of Blocks 3, 4 , 5 and 6, less Lot 2 in said Block 4 , HOLLYWOOD MANORS, according to the ;, •; plat thereof recorded in Plat Book 11, page 1, Public Records of Broward County, Florida, "- said lands situate, lying and being in Broward County, Florida; and East 1/2 of the Northeast 1/4 of the Northwest ics ;• 1/4 of the Southwest 1/4 less the East 25 feet and the North 30 feet for roads, Section 35, Township 50 South, Range 42 East, said lands situate, lying and being }n Broward County, Florida; Maria E. Miele, whose address is 29 Gregory Avenue, West Oran't, P._,,; ge,New Jersey, who owns the following described property, to wit: West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 2 Township 51 South, Range 42;. p .,w., East, less and except the West 35 feet thereof, �< said lands situate, lying and being in Broward ' County, Florida; and sPri: d Gregor_y Associates, Inc. , a New Jersey corporation, whose a.+ address is 29 Gregory Avenue, West Orange, New Jersey, which owns the following described lands, to wit: ' a East 1/2 of the Northwest 1/4 of the Northwest } 1/4 of the Northwest 1/4, and West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the North- west 1/4 , Section 2, Township 51 South, Range 42 East, said lands situate, lying and being in Broward County, Florida. A member of the family of one of the owners of Lots 6 to 10, Block 8 , and Lots 1 to 9, Block 9, OCEAN VIEW GOLF ADDITION, Plat Book 37 , page 7, has spoken to me regarding objections to your pro- cedure. I have represented the family for more than twenty years and assume that the specific members who own the lots in question will ask me to act on their behalf. However, because I have not yet spoken to the specific owners of the lots, I do not claim to represent such owners at this time but may later give you a supplemental letter stating that I do represent the specific owners. It is my understanding that City of Dania adopted on July 20, 1976, an ordinance to which it has assigned number "100" and which it considers to be a master zoning ordinance in the sense of creating a series of new zoning classifications. In passing, I simply comment that the publisher's proof of publication regarding the publication of notice concerning ordinance no. 100 shows a legal advertisement that publishes a title which is completely at variance with the actual title of ordinance no. 100 (at least, according to the copy of ordinance no. 100 furnished to me by your building official) . Prior to July 20, 1976, the last master zoning ordinance which the city had adopted was ordinance no. 51, adopted on October 30, 1974. The proof of publication regarding ordinance no. 100 shows a title beginning with extensive language indicating that ordinance no. 51 is amended by the new ordinance. However, the actual title to ordinance no. 100 (as furnished to me by the building official) makes no reference to ordinance no. 51. Except for preserving the rights of my clients to object to the discrepancy at whatever time they deem appropriate, I suggest to you that the discrepancy does violence to 5166. 041 (2) , Florida Statutes, which concerns the procedure for the page three adoption of an ordinance. In effect, such subparagraph provides that no ordinance (such as ordinance no. 51) shall be revised or amended by references to its title only. Further, the subsection provides that an ordinance amending an earlier ordinance shall set out in full any amendments . On behalf of my clients I am more concerned that the city is undertaking to rezone the Southeastern section of the city without even making the least pretense of complying with the minimum statutory requirements so that, in truth and fact, the vast majority of property owners who own property in the area in question have received no notice (actual or constructive) as to the proposed change in zoning. The charter of City of Dania is Chapter 25768, 1949 Special Acts of Florida, as amended, which sets forth a somewhat comprehensive procedure regarding such subjects as city planning and development. For example, see Part IX, Article 1, Article 2 and Article 3. In effect, such part of the charter pertains to the general subject of zoning and creates the city planning and zoning board. While I recognize that ordinance no. 100 (if legally enacted) has provisions which will ultimately suspend, or do away with, the real powers of the planning and zoning board in many instances, the planning and zoning board, as created by the charter, is still an integral part of the government of the city until such time as the city properly completes the attempt to rezone the entire city. We are not at such point as of this date. The charter does require the city planning and zoning board to conduct hearings on all proposals to change zoning ordinances. I do not know how the planning and zoning board can conduct a hearing unless it has published notice. Otherwise, the. public will have no way of knowing of the hearing by the planning and zoning board. As to the proposal to rezone the Southeastern portion of the city, I am told that the planning and zoning board did consider the proposal. In my judgment, such consideration falls short of a public hearing if there has been no advertised notice. The charter of the city does clearly provide that no existing zoning ordinance shall be changed except by the adoption of an ordinance and after notice has been published in the official news- papers notifying the public of the proposed changes and fixing the time of a public hearing. The provisions in the charter were amended very slightly by ordinance no. 33, adopted on December 4, 1973, which had for its general purpose that of amending the charter of City of Dania so that the procedure to adopt an ordinance in City of Dania is the same as the procedure set forth in 5166. 041, Florida Statutes. One of the changes is that the time for publication of notice has been shortened to 14 days. §166. 041, Florida Statutes, governing the procedure for the adoption of an ordinance, expressly provides that notice of the adoption of a proposed ordinance shall be published at least once in a newspaper of general- circulation. The statute clearly provides that the notice of the proposed enactment of an ordinance shall state the date, time and place of the meeting, the title of the proposed ordinance and the place or places within the municipality where such proposed ordinance may be inspected by the public. The statute goes on to provide that the notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. There is a provision in 5166.041, Florida Statutes, providing that, by a two-thirds vote, an emergency ordinance may be adopted MM saw page four without complying with the notice requirements of the statute. Since it is a matter of common knowledge that the city has been working on anew master zoning ordinance for the last four years, I am assuming that no member of the commission would care to claim tonight that an emergency situation exists because City of f, Dania forgot to give proper notice of the adoption of an ordinance with respect to an area equal to one fourth of its municipal limits. However, if there is any thought of trying to go forward by declaring R an "emergency" ordinance after four years of consideration, I request that the nature of the "emergency" be stated into the record. On December 22, 1976, Cityof Dania did publish a short notice in the Hollywood Sun-Tattler. The notice, for whatever it is worth, does not even mention the word "ordinance" so much as one time. The a, December 22, 1976, notice mentions that something (and your guess is as good as mine) will take place at 8 :00 p.m. on January 12, 1977, 's concerning the lands South of the Dania Cutoff Canal and East of s, U. S. Highway no. 1. The notice does not indicate whether that "something" that is going to take place concerns all of the lands in the area in question or merely some of the lands. r The notice of December 22, 1976, does not state who will conduct the meeting at 8 : 00 p.m. , January 12, 1977. Accordingly, there is no clue from the notice as to whether the public works commitee, the fire and police committee, the civil service board, the pension plan '> committee or the human rights committee will conduct the hearing. The notice of December 22, 1976, since it does not even refer to an ordinance, obviously does not state the title of the proposed ordinance. The notice does not state any place within the limits of City of Dania hwere the proposed ordinance may be inspected by the public. The notice does not contain any language advising that interested parties may appear at the meeting and be heard. For all that the notice shows, the meeting may be a closed-door meeting of some admini- strative board where the public is barred. On January 5, 1977, the city published the second notice con- cerning whatever will take place at 8: 00 P.M. on January 12, 1977. I attach herewith a copy of the second notice published in the 1 Hollywood Sun-Tattler on January 5, 1977, with the language of the second notice being identical to the language of the first notice. The only change between the first notice and the second notice is that the second notice incorporates what appears to be some type of mpa. I enclose herewith a photocopy of the second notice (the pink copy) except that the enclosed copy--because of the photocopying process--cuts off a small portion of the bottom of the map. There are many objections to the map. The most obvious one is that the map is in no way related to the language of the notice. Some of the other objections to the map are that no subdivision names appear thereon. For example, there is no reference whatsoever which shows the name, "Ocean View Golf Addition" , and it would be absolutely impossible to determine the location of Ocean View Golf Addition by a mere examination of the map. There are numerous large numbers on the map which I am unable to relate to any scale, code or guide. The map is replete with numbers r such as 33 , 34, 76, 80, 70, 48, 45, etc. I am at a loss to know what page five such numbers mean as they are obviously not lot numbers or block numbers. I do not know if the numbers pertain to some type of secret zoning code the building official has adopted. The real objection is that the map is meaningless. There are literally dozens of subdivisions in the area in question. I do not know how a stranger could locate one of the subdivisions if the names of same have been omitted from the map. I advise you that the last time City of Dania was rezoned under a comprehensive master zoning ordinance was in 1954. Ordinance no. 51, adopted in 1974, was never implemented so that, in truth, we are still. acting under the zoning classifications assigned to each parcel in the city under the 1954 ordinance, with the exception of those parcels which were changed to different classifications during the past 23 years under the usual rezoning process. I believe that the city attorney will want to consider §166. 041 (2) , Florida Statutes, regarding the procedure to amend an existing ordinance. The disappointing part about the illegal process which the city has attempted to follow is that many property owners in the Southeastern section of the city have received no real notice of the rezoning which the city is evidently trying to push through. I refer particularly to those property owners who do not live in the city and who do not read Hollywood Sun-Tattler. I should also comment that there may be an optional method available to a city to rezone its lands and such optional method is the one set forth in §163.160, Florida Statutes, which was passed in 1969 and which concerns zoning and planning for future development by municipalities. The 1969 general act is optional to a city. City of Dania has never made any attempt to comply with any portions of the 1969 act (such as appointing a planning commission whose members are appointed for staggered terms) . Therefore, if the city commission wants to rezone all of Dania, it must follow the requirements of its 1949 charter. The sad thing about the entire process--which I personally feel is of such major significance to the city for years to come--is that it is impossible for a property owner to obtain a copy of the zoning ordinance (which you evidently intend to consider tonight) in advance. I made a trip to the city hall yesterday to obtain a copy of whatever ordinance you intend to consider tonight. I was told that no copy was available but that I might obtain a copy if I wanted to go to Mr. Milbery' s office in Hollywood. I made a similar request this morning as late as 9 :40 a.m. and the city clerk told me that there was no copy of the proposed ordinance in the city hall and that, therefore, there was nothing for me to inspect. I enclose herewith a photocopy (the blue copy) of a letter dated 9 :40 a.m. , January 12, 1977, from the city clerk advising me in a straight-forward manner that the city did not have a copy of whatever it is you intend to consider tonight. Again, Mrs. Millikin did infer that I might obtain a copy if I wanted to go to Mr. Milbery' s office in Hollywood. §166. 041, Florida Statutes, provides that the notice must state where the ordinance may be inspected within the limits of City of Dania. I find it farfetched that a citizen and resident must go to Hollywood to look at a Dania ordinance. It is a recognized rule of law (and the majority rule) that a S. statute calling for notice in a particular manner and form preliminary to the adoption of a zoning ordinance is generally construed as mandatory and jurisdictional so that any zoning ordinance proposed in contravention thereof is invalid. Florida follows the majority view so that the rule in Florida is that the notice required by a statute page six proprietary to the passage of a zoning ordinance is mandatory and jurisdictional and cannot be waived. Y, I am willing to rest my case before the city commission on the basic objection that the city has made no substantial effort to comply with the laws of this state regarding the notice which must be given concerning the adoption of an ordinance. However, at such time as the matter may be considered on its merits, I also advise you of the general law that you cannot legally change the basic zoning classification assigned to a particular parcel unless there has been a change of circumstances. As to all of the clients whom I have stated that I represent, I believe that a majority of the lands of such clients have been rezoned within recent years. The most recent example would be the property owned by Helen M. Frost and Dania Country Club, Inc. where the rezoning took place approximately three years ago and with such rezoning being upheld by an appellate court of this state during 1975. I will try not to comment tonight on the merits of the rezoning. However, I do have an office directly across the street from the property owned by Dania Country Club, Inc. I know of absolutely no change of condition which has resulted in the neighborhood since 1975 when the 1973 rezoning was upheld. As a citizen of the city who happens to practice law here, as well as on behalf of the clients I represent, I strongly urge that the city not go through an act that will have no real meaning. If the state law provides a procedure to follow in adopting an ordinance and if the procedure is mandatory and jurisdictional, it would seem that the city would recognize its error and start all over again. Frankly, while I was not retained by any client owning property on the North side of the canal, I believe that the earlier zoning ordinance adopted on first reading (regarding the property on the North side of the canal) is completely meaningless. Further, if the city elects to continue with such procedure as to the Southwestern section of the city, its acts will have no meaning. In conclusion, I request that you start the procedure all over again, from scratch, and that you do whatever is necessary so that a property owner can examine the zoning ordinance a few days in advance and so that a property owner can have some real notice of what the city intends to do. Respectfully yours, Clarke Walden CW/knc enclosures P. S. We also represent Gregory Associates, Inc. , a New Jersey corporation, whose mailing address s 29 Gregory Avenue, West Orange, New Jersey, which owns the following described property, to wit: The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 2, Township 51 South, Range 42 East, containing five acres of land, more or less, said lands situate, lying and being in Broward County, Florida. r ' CITY O �71a�]A AREA TO BE NOTICE OF CHANGE OFREZONED 1 ZONING Ci l The City of Dania, Florida, proposes to change the zon- �I I Lng of Innd within the City lying south of the Dania Cut-off `°•�• --.r- �'" I I+, d x Gon ,l snd east of US Hifthway 1. There will be two(2) ? .` pl..blic har:nos on the proposed increases scheduled II J :It as fo:lows• 1 1. Special meeting and 1 st reading on January 12, 1977, at 8:00 p.m. 2. Special meeting and 2nd reading on January 28, 1077, at 8:00 p.m. Both the proposed hearings will be held at the City of ! ;; •x_;r� , ; Dania Commission chambers, 100 West.Dania Beach Boulevard. 1�'.w_ _ - .. - F I"''•�'`' Wanda Mullikin, City Clerk r, 1. Lt., �-n-J .•O .Jny ., nuts it1 + • a . t • � �. I i o ✓I' 2 1' 1 , I �I I :nl+ J.T I N y a -12 t+ - , FF }yn j �t LEE If ^1 ,,,n.lttt p I-�I -' o ❑ , i �c ° PROPOSED T� Fe [, ,r -- ; �_rt=,; I —❑ CHANGES i c s=�, r � .` '_ ;_'. o'•, ❑ Land lying along US #1 "t x `£ Commercial (C•2) j.1 1 � I �f Land lying along East Dania i I --fir Beach Boulevard - Commer- I 1 ti. T i y'�o CT��LI-'li -o a @ © clal (C4 & C-2) i I f.l.j.!.LLLI:I,I, Dania Jai Alai Commercial J L /�1 1 I'LLLI,,.�.LI•I ;I sle t r ' e C-2 ( ) lY , `�V_J, , „ I'i ! �?�•!-I';•i i•�•�fil I e t Dania Golf Course - Planned Unit Dev.- PUD L Frost Park - Open Space _.,_ 0 , Pirate's World -Planned Unit - r �I� ��� ;;;,� p❑ Dev. (PUD) Olsen Jr. Nigh School Open Saco j RL ' 3 Y'� L_iAY L q�i f } f J !r r t � t r n i z ,a� 1�I1n,�111 r y flflflflflfl 1.t,. .a YIw tO1 Mp r r k i ttie ?a£ 1W WEST UEACH 13OULEVARO O F �D A N`I A TKLUPNONCI morel I T Y r� DANIA, FLORIDA h31- January 12, 1977 w; 9:40 a.m. . '•aye;: ��, ";ems M•r. Clarke Walden Attorney At Law Dania, Florida 33004 Dear Mr. Walden: In reply to your request for the ordinance rezoning c'= the area in the City of Dania south of the Dania Cut-off canal , east of U.S. 01 to be considered at a public hearing at 8:00 p.m. this date. This is to advise you that as of this time and date, the ordinance is not available in my { office. However, notice of public hearing along with a map and description of the property to be rezoned was published in the Sun-Tattler newspaper on January 5, 1977 (copy attached). Sincerely, Wanda Mullikin City Clerk "- nd Attachment ANTIQUE CENTER OF THE SOUTH lYYl Y}[tl "r rF"' 1 'K4'hrc ✓.�:W , yr $Yip 5 ' Y 9 FA,.. �; tiy i�r, cY+[+ *,a` .r -'•-r;z. `I"°^ m f `Si w i r +u i}aa>/ f k,�> r'r`,r '"u9 .r d; 2 {�."�"�yd�—..^S t. 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A1C f r 3 c �`�t X A A x :. .Y�• 7 tt hz ,5 Ch. 166 MUNICIPALITIES Ch. 166 graph (a)of this subsection. (4) A majority of the members of the governing body shalt constitute a quorum.An affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution; ex- cept that two-thirds of the membership of the board Is required to enact an emergency ordinance. On final passage,the vote of each member of the govern- ing body voting shall be entered on the official record of the meeting.All ordinances or resolutions passed by the governing body shall become effective ten -days after passage or as otherwise provided therein. (5) Every ordinance or resolution shall,upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body. (6) The procedure as set forth herein shallconsti- tute a uniform method for the adoption and enact- ment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided 6y law for adoption and enactment of mu• nicipal ordinances and resolutions. By fiture,ordi- wince or charter amendment, a municipality may specify additional requirements for the adoption or enactment ofordinances or resolutions or pres:r)be procedures In greater detail than contained herein. However,a municipality shall nothave the power or authority to lessen or reduce the requirements of this section or.other requirements as provided by 166.041 Procedures for adoption of ordt• generallawc p enera, arch r112k nances and resolutions (1) As used in this section,the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance"means an official legislative as tion ofa governing body;which action is a regulation of a general and permanent nature and enforceable as a local law.' (b) 'Resolution"means an expression of a gov- erning body concerning matters of administration, an expression bf a temporary character,or a provi- sion for the disposition of it particular item of the administrative business ofthe governing body. (2) Each ordinance or resolution shall be intro- duced in writing and shall embrace but one subject snd matters properly connected therewith.The sub- ject shall be clearly stated in the title.No ordinance shall be revised or amended by reference to its title only.Ordinances to revise or amend shall set out in full the revised or amended act or section or subsec- tion or paragraph ofa section or subsection. (3)(a) A proposed ordinance may be read by title, or in full,on at least 2 separate days and shall,at least 14 days prior to adoption,be noticed once in a newspaper of general circulation in the municipal- ity.The notice of proposed enactment shall state the date,time,and place of the meeting,the title or titles of proposed ordinances,and theplace orplaceswith- in the municipality where such proposed ordinances may be inspected by the public.Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The overningbodyofa municipality may.by a h:o-thirds cote, enact an emergency ordinance ihithout complying with the requirements of pain- 70a AGENDA REGULAR MEETING DANIA CITY COMMISSION +• JANUARY 11,1977 t F 8:00 P.M. at J w'� Invocation d w. Pledge of Allegiance s `v, " ^.c Roll Call At' At Business 1. Approval of minutes 4 Regular Meeting of Dec. 28,1976 Special Meeting of Jan. 5, 1977 F Ada 2. Citizens Comments i 3. Public Hearing 4: Consideration and possible action on a request for special exception ` use by Mr. Donald R. Austin to allow entertainment upon the premises of 1431 North Federal Highway, Dania, Florida, formerly known as L Michael's Inn, rik exhibit: Notice of public hearing 4. Discussion of employee incentive plan. 5. Report on Cost of Comprehensive Planning. exhibit: Report from City Manager 6. Consideration and possible action on Senate Bill 1000 amending S/S 112.0751 7-E - Section 2. allowing retired employees to remain on group insurance providing they pay the premium. exhibit: S .S. Bill no 1000 (forthcoming) ® 7. Broward County League of Cities - Discussion of municipal lobbying representatives. exhibit: Memo #49-76 from League of Cities 8. Consideration and possible action on request from Y-100 to hold a concert on Dania Beach. exhibit - letter from Glen Logan 9. Consideration and possible action on an ordinance for 1st reading putting annexation on referendum in upcoming election. exhibit:- Ordinance forthcoming 10. Consideration and possible action on an ordinance for first reading on Charter Changes to be put on referendum in upcoming election. exhibit:- Ordinance forthcoming 11 . Consideration and possible action on an ordinance for first reading amending ® the General Employees pension plan. exhibit:- Ordinance 12 . Approval of bills for the month of December,1976. 13 . Report on comprehensive study on cost of the City providing 9 sanitation service themselves . City Manager ADDENDUM 14. Consideration and possible action on an ordinance for 1st reading ® amending the existing zoning ordinance setting time limit on re- applying for variance or special exception use. 15 . Consideration and possible action on a resolution objecting to changes in court system. nd a ague n in Tallahassee Jan. 13 and authorization 16 "'quest authorization for Vice t4ayor Bertino to ea feCities Board of of Citics committee meets g for Mayor Duncanson to attaeo the n B21.ard League ® bt 1)irectors meeting in Tamp Discussion of letter regarding the "opt-out" process under the ro ram. 1.7; t€ Community Development Block Grant p �,. 1£3. Consideration and possible action on an ordinance on first reading Fronton Blvd . and N.E. 1st St. concerning traffic control on and N.E . 2ncVSt. y" exhibit: Ordinance forthcoming ro •k lg. Discussion on creating, a park on City property Y located ® at Stirling Road and west City limits. • z • iww J of • • • • • N •