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Home My WebLink About31208 - MINUTES - City Commission } t 5i.i cY) a ab lP Htbf uYS �'Yn4ti t�tIrl :.bd A7 '.. a � ,N >�Sr �xl ,......,. . ...__._._ -_..»... :..__._ .,, ...t_T<.,.G ut2.taGSt;�r,+;&,•' n. j; MINUTES s � UANIA CITY COMMISSION i REGULAR MEETING JANUARY 9 , 1990 INVOCATION BY REVEREND LEWIS PLEDGE OF ALLEGIANCE ROLL CALL: Present : Mayor: Charles Mc Elyea Vice Mayor' : Bob Mikes Conuuissi-users : Jean Cook Bobbie Grace John Be( Lino CiLy ALLorney : Frank Adler CiLy Mdnacler' : Robert. Pldl.l.ev Deputy CiLy Clerk : Mdri.e Jdbdlee a PRESENTATIONS Michdel Smith, Personnel Director, stepped forwdrd Lu r'epurL Lu Lite Cotmuission on Lhe dyreemenL wiLh Broward County for Lhe Aftet—School Pruyram dl. Collins Elementary that was adopLed dL Lhe December 12, 1989 reyrtldr euuI'lissi.un met_rLiny . Mr . Sin ilh reporLed I,11aL dbouL 40 children are enrolled in Lltis Pruyrdni dud LltdL Lhere .is wdit- iny list- . Mr . Smith commended Mar-(He Holloway and his ;Laff for Lhei.t auLhuSidsmt and i issisLance in makiny this program succ:es:,Lul . PULLED FROM CONSENT AGENDA �P^ 1 . 5 1 . 8 1 . 11 l.hru 1 . 15 * AT THIS TIME, ITEM 3. 1 AND 3.2 WERE HEARD 1. CONSENT AGENDA nuLeS 1 . 1 Reyuldr meelitry of November 14 , 1589 1 . 2 Specidl mc'eliny of December 7 , 1989 1 . 3 Wurkshop meeti.iy of December 20 , 1989 1 . 4 SPec:ial meeliny of December' 20 , 1989 Bills 1 . 6 Appru� al of hills Paid for Lit(-, moral-It oC October' did November' , 1989 . Resolutions 1 . 7 CiLy ALL(), rre% Adler' t'edd Lhe title of Lhe resoluliort urging Lhe Board of Rules and Appeals of South Fior'idi Lo uwdiL!' e�.iStirty section -1620 . 7 of Otis said code per Ldiuitry to backf low PreveuLLoll devices Lu limit sdme Lo cross- j connecliuu conLrul.s proyr-uns Lo new runstruCliun urily . I . 9 CiLy At.Lorne� Adler read Lhe Lille of the resolution i i <rpprovny Llte inlerlucdl tyreement beLween Br'uWdrd County dud Ddnid Providiuy for diStr.ibuLiu❑ of Lhe Pl'oceeds of Lhe lucdl yovern well l infrdsLrucLure salea surl.dx. 1 . 10 CiLy ALLorney Adler redd Lhe Lille of Lhe resolution t'y aq duLhuriZing Lhc� dPPropridle c-iLy officials Lo execute Lhe s ff` ti'��"• service dyreewent belweeu Lhe CiLy of Ddnid and David , f B,� t ' — n REGULAR COMMISSION MEETING 1 JANUARY 9, 1990. " o- .. ........_. __.....,.....von r no yyy � I 9 j i 2 n .. a 1 — A Motion was made by Commissioner Cook , seconded by ., Commissioner Grace to approve the consent agenda as read . The motion passed on the following roll c-:dll vole: ;a Commissioner BerL.ino -yes Vice Mayor Mikes-yes Commissioner Cook- 'es 1 } Mayor Mc Eliea-yes 3 Couunissioner' Grace-yes 3 PULLED FROM CONSENT AGENDA 1 . 5 A uwlion was made by Vice Mayor Mikes , seconded by Commissioner BerLinu to amend the Motion for item 9 . 1 of the regular r-c)uuui.ssi_c)n meel.iug of December 12. , I W) by iucluding � the requirement of an irrigation system to the approval of VA-77-89 and to approve the minutes of December 12 , 1989 regula): meet n9 as amended . . The motion passed on I-he following roll call vote: Commissioner BerLinu-yes Vice Mayor Mikes-yes Commissioner Cook-yes Mayor Mc Elyea Yes Couunissioner GLdce-yes 1 . 8 CiLy Attorney Adler read the title of the resolution authorizing Lhe CiLy 'tanayer to conLracL for the purchase of supplies , services , equipment dud mdLeridls in I-Ile amount ) $8 , 655, 00 wiLhu"L compelilive bidding and without driver LisemenL for bids . Fire Chief Grammer sle -Paled forward Lo recommend the approval of this resolution Lo purchase d L.ifepac 10 , a life: support system, from Physio-Con Lrc)l as dil aid Lo Perform numer-oris advanced life suppor'L procedures needed by the paramedics in i the Fire DepdrLment . A motion was made by Commissioner Berli seconded Lq Commissioner Cook to adopt, this resoluLion . ' I The motion passed on the following roll call vote : Commissioner BerLiuo-Yee-, Vice Mdyur Mikes-yes Comuussioner Cook -yes Mayor' Mc Elyea-yes Commissioner Grace-vex; 1. 11 CiLy Attorney Adler read Lhe L1 U e of the resolution requesLiny Browdrd County to delete "uuthedst Fifth Avenue from Dauid Beach Boulevard Lo Sheridan Street_ from Lhe County ' s Trafficwdys P1du . Vice .Mayor ~tikes reguesled a workshop meeting be scheduled to review if' detail with the Broward Colr)rLy' Planning Council evdc'Ily what will be deleLed from the Trafficwdys Plan when SE 5 Avenue is removed to ensure 1-hat Udui-a has enough room for storm water drainage and LhdL the bike Paths are not. removed . moliorl wds made b� Couuulssicener Bel lino, seconded by Coruuisst+Yrler Grace In adopt the r-esolution request illy Broward Couulp Lc, delete Soulherst. Fifth Aconue from Dduid Beach Boulevard In Sheridan Street from the ("cYuuly ' ra Trarricwals Pon with Ihc-' cuudil-ion to review in detail with the Bruwdrd County Plauniny Council exae:t-ly what else will be removed . The IIIUL1VIl [J 1SHed tat I-he fol low ltly roll (,all vote : I �.. Commissioner RerL lo-yes Vice Mayor Mikes }es rY , (.U1111111 sti lUrlr,r GUUk VPS r Mayor Mc El i'ea yesrxa CUIIIIIII SS] Ufle7' (i race yc's z h ip� ' REGULAR COMMIS:;TON MEETTNG 2 JANUARY 9 , 1990 r n �itc } � l t 1 y} � t OFF. ,Y 1 r< 1 . 1.2 CiLy Attorney Adler read Lhe 1- iL1e of Lhe resoluLion approving dyreemenL between Broward County , CiLy of. Ddnid and Ellen V . SLoinuff reldliuy Lo Ihe. Lssudnce of building v PermiLs while POLL % is in Progress for Sluinoff ' s Vdlhdlld Plat . Mr. Gene Copeland, COPeldnd DevelupmeuL Group, sLepPed forward Lu inform I-Ire Commission Lhdt- he has been hired by the Housing AuLhoriLy who is purchasing Lhis Properly dnd requested dpproval or this dyreemenL in under Lu expediLe i construction prior to Lhe P1dt dppruval for SLoinoff ' s Vdlhalld Plat with Broward Cnnnly . Mr. Larry Leeds , GrowLh Mdudgement. Director, expressed his acceptance of this agreement as Lhe COW, m"sL QSO Sign Lhis dgreemenL dnd Lhal they would not- du so if the proposed pldl. (h )es nud. meet all ( nncurrency r'(egnirumeni-s . Mr. Leeds - i also menLiontxl that- Lhe pel_ itLoner is aware that- this dyreemenL will be sub3(,cL Lo the CuunL_v ' s d( LPrmi.ual_ion of concurrency when Lhe Plat is reviewed and snhjecl Lu Preliminary plat propouLy KIM it)!- ion befure he draw:; a building Permit- for Lhe prcYPerty . jA motion was We by Cummissioner Conk , seconded by Commissioner Grace 1-0 dd"UL the resuluLjon approviny 3 dyreemenL between Broward C""nLy, CiLy of Ddnid and Ellen V . 1 SLoinuff reldl illy to Lhe issuance of building permiLs while h plaLLing is in progress For SLoinuff ' :; Valhalla Pldt The motion Passed an the follow-iug roll cdll vote : t Commissioner BerLin(-I-yes rice Mayor Mikes-yes Conrruissioner Cook-yes Hdyor In Elyed-yes j Commissioner Grd('e -•. es 1 . 13 CiLy Attorney Adler read Lhe Lille of Lhe resolution dpproving Lhe dyreemenL between Br(lward County, CiLy of Danid and the lbntsing Aul.horily or Datrid relating I_u the issudn''e of building Permits while PldlLiny is in progress for Mizell Gardens Plat- j A motion wds made by Vice Mayor Mikes , seconded by Commissioner Berlino Lu adopt Lhe-, resoluLiun approving I_he dgreemenL with BrUwdrd County , CiLy or Danid and Dania s Housing AuLhor- Ly regarding Mizell Gardens PlaL . The motion Passed on Lhe following 1011 call vote : Commissioner Bellino-yes Vice Mayor Mikes-yes Coumlissioner Cook-yes Mayor Mc Elyed-yes Couwiissioner (;race yes L . 14 City ALLorney Adler read LhP I- ille of Lhe resolution approving dmendment Lo cullective baryeilriuy agreement Whose" CiLy ur Ddnid and McLro-Broward Prnfesslondl Firefighters Local 3080 , IAFF. A mot-ion was made by Comuu �.si (alot t'u()k , seconded by Commissioner Gran" to are, the ddupt. ion of Ws res(Ylu1ion unt- il Lhe ue.xL regular t (amissiou meeting of January 23 , 1990 because ALLorney Sugarman was to attend Lhis meel ing . fhe mot inn lta:;:;ed nnanimnu:;lc . Ordinances 1 . 15 CiI AtIOrney Adler mead the I- iIIe_ ur I-he ordinonce r_ez(Alin9 Parcel A: I_he east. 683 . 19 ' of Tract ' A ' , less the i South 299 ' I_herenl , "Re-Amended Plat of Hnllywuod Palms" as y recorded in P1dL book 36 , Page 46 , of the Public records of 13rowlr (I ( on nI FlOrid,r dull (-.oilldiuiny 13 . 000 acre: wore or less; dnd Parcel R the West 640. 86 ' of Tract ' .l ' , less Lhe � ~ S"uLh 296 ' thereof , We -Amended Plat or Hollywood Palms" recorded in PldL book 36 , Pay,. 46 , of Lhe public records of :`3= Browdrd CorinLy , Flu( idd , and rontaiuing 12. 000 acres , more wd } REGULAR COMMISSIOF NEETI%(; r 3 JAhliAR1' ) , 1990 3 g'Ya��4 ai kY yy� 75'+�' t ! T S y t`'ttaa' k` 1 fy 7",71- Fm � 3 I ��i!' F 1x. Vk%•, .u� l t ,-... m . .. .....r. .� YT J or less; sa-id laud ; s.il.uate lyiny an(i being in the Ci-Ly oL Daum , Browar'd CounLy , Florid I ; CI:oul presellL zonlud classi. f.L(_dLion to C 'l zoniuy class.iC Cioit under t}le Pr'ovis'olls of Ordinance No. 100 oL 1-he City of Dania , Florida, and amended. The pe1.il.ionet' Cor' L}ri-s r'eioniny is Ross Beckerman and tile owner is Anara IIIvesLlllenLsr Inc. for Property' located dl. 280 Bryan Road irld 1-Lis request is also known as RZ-87-89. P1r. Beckerman sLePPed forward Lo corlfirlll Lila [, Lhe rezorli-ny a on Lhis F Property is being addressed Loniyht and that. at second readirly the siLe plait of Lhe project will be pr esented . Mr'. Beckerman discussed with LLe t Counui.ssion Lhe Proposed use [of Lhis project and e�Pl <rined L hal. he w e sLeL'n half of Lhe properly was never cllduge(_1 Crow multi-family use dnd Lhal_ I h i.s r'equEsl I_o (,llallye, to C-a will allow a rrl.uuber of uses for Lhis pruper'Ly , Mr. Polet' Fernaud-i , Ti ifLic Consl_IllduL , slepp(rd Cc,>rward L(., discuss wi. I II Lyle J ._; : ;r(-m Lhe t created du raf.Lic nli.S LtfaL would be e Lo Lhjs pr'ojecL . The Commission CluesLi or ed and e.xpres9e(I concern Cor Lyle increased (.ruck LraCfi-c in LLe .-Irea , I-he w(,rki ny }lour s LhdL will be utilized by Lhe business , t.tle imt:Fac:l on the r es i den ts Lhe area , and Lhe couuuiLlllenl (if landscaping for.buffering purpose w.ilh I_Ilis project. . A motion was mdde by Comuu.ssione+t Glace, seconded Commissioner Cook to cont by rrlue this jteul pending a workshop "lee t- in9 on Jdn Hot r'Y 16, 7990. The moliun passed on Lhe Colluwiu9 roll call vote; Commiss.ic,rler, BerLino-yes vi(:e Commissioner- Cook-yes n tayor' Mikes yes ldyor- MC Elyed-yes CUIIIIIC(:i:iLUneC' OL'a Ce -ye.-3 * AT THIS TIME, ITEM 8 - APPOINTMENTS WAS HEARD 2. PROCI,AMATIONS 2 . 1 Mayor Me Elyed prc,(aa ilned >f,l l 3 , 1990 ds "Ivdl er'ways Cleanup ' 90" dnd February 2 I His Lot'iCaI Fes( ivdl MoIII 11" I-hru 28 , 1989 "Sistruuk I 3. BIDS 3 . 1 City Attorney Adleri-nformed Lime to c.l. for Park I-he L'uminis:; iuu it was ose r:�(-ceipl- of L}lal bids C . " � 19111 [,'fly Park , Si Le Impr(,ve'Ill"rlt-s; Block Grain ( Project ImpdC) . 3 . 2 CiLy ALLot-ney Adler informed Lhe Commis:;i(lrl Lhdl it was Lime to close receipL oC bids for 1980 For ] bus, Roc:}.well parking meters & pf 1)"'Ile rrQ198 & a CCes sor ieS . A mot. iorl w,ls made by Couwliasloller BerLino, :seconded by Cumnlissiouer Cook Lo close receipL of bids [of Lhe above-referenced item The nlotioll passe(I off IIle f"I low illy r� �ll call vole: Couunlssi('rler Bc r Lino yes aw Couunissiorler, Cook ves \ tce yayor Mikes i'ns Mayor Commissioner Gtac.e. -yes Mr_' Cued yessY <, 4a�,y City Manager FlaLley informed Ilse Commrssiorl Lhdt- uo r er'e teceived on item 3 . 1 dncl two bids were Leceived for item 3. 2 . v£ # REGULAR COMMISSION MEETING 1 JANUARY 9 , irk ¢', 1990 I F h� 71 - 'i A moLiou was wade by commissioner Grace, seconded by Couuui.ssiorrer rook Lo open the bids for the 1980 Ford �f bus , Rockwell parking meters and portable radios and �. accessories . The lnotiou passed unanimously . CiLy Manager Ilal.l.ey react Lhe following bids received: Ross HolL surplus radio.., equipmenL $102 . 00 Randy Singer- surplus radio equi.pweril. 27 . 00 1980 Ford bus $1510 . 11 CiLy Manager FlaLley rf ccanwerldel awardi.ny We bid on lire 1980 Ford bus Lo Randy' , ingot for $7 , 510 . 11 and that_ he would review the bid- received on Lhe radio equiplliarII £or Lhe ueS,L regular meeLirul . IPiSStoiler Cool„ seconded by A motion was wade by Cou commissioner Grace Lo direct all bids received Lo the CiLy Manager For review and reaccame "dal.i"n Lo be brought back at Lhe neat regular eommissian weeLing . The motion passed on Ule following roll "ll vole: Commissioner Berl -ye:; Vice mayor Mikes-yes Commissioner Cook-yes Mayor Me Elyea-_ves j Commissioner Grace-yes ( 4 . PUBLIC HEARTNGS AND OTHER RELATED MATTERS Building & Zoning „-� 4 . 1 CiLy .ALLorney Adler read Lhe LiLle of Lhe Ordivauce rezoning LoLs 8 and 9 Block 1 of "College Tract " according � Lo the plat, thereof a:; recorded ill Plat book 19 , page 9 0f the public records of Broward CounLy , Florida ; said lands siLuaLe , lying and being in the CiLy of Ddnia , froward County , Flr>rida; from present zoning OQSS LCrcal.ion Lo C-4 zoning clasSiCic- itiou under the provisions of ordinance No. 100 of the city "f Dania , Florida , as amended for second and final reading . The pPlitiouer /owner for this rezoning located at reu e qst. .is Herbert. Penn, Jr . [or property . Phi.ppen Road and thisrec.Ii_ie:.t is also known as RZ- 85-89 d. ; City Alloruey Adler added lhaL the Planning & Zoning Board recououendS approval "£ this rezoniny . Mayor ?]c E1yea opened the publics hearing oilthis r'equesL . After hearing Huy" Renda suggest IhdL a C- 3 zoning may be more appropriate , the Mayor closed Lhe public hearing . Larry Leeds stepped Forward I_o e.xpiai❑ LhaL Lhe need for this rezoning change is due to Lhe fact, that Lhe present variance for Lhis Project. was granted for Penn Signs and that it wasn ' t grained for the present warehouSe use Lhal is cc_,voted under C 4 zoning . A moLlon ads made by Commissioner Bert. ino, seconded by C"mmi:;Sinner CVok I " adopt this ordinance on second reading rezoning Lots 8 and 9 , Bloch I of "college TracL" Lo C-4 zoning clar::; ificaLion . t j The wotiou pissed fill the following roll ca] 1 vote: t i I cumin issioner Berlino -ye;: lice Major Mikes yes commissioner Cook yeti Mayor 1b: Flyea-yes f Colnnlissi"Iler Grac•,•—yes I 4 . 2 CiLy At Lot ney Adler infurmcrd the col" ssi"" of a prx driduu o rergn esl be lrchie Ryan , TIT , Pel_ilioIIeI Steve Lupo, Owner for propf'rl_y 1"c:ated fill sc_ful.11wesl corner of N . E. v a 2ud. Avenue allot N .E. 1st :treeL to allow llle consLrucliun oCww�Ca two townhouses on Lhe subject parcel , as follows : 1l'-oy4 (a) Hest. 62 . 5 ' of subject- parcel : LJ 81 . 8 ' 7c.,t depth (90 ' requiI ed) rzt c f 2) 5, 116 sq. fL . lot (6 , 000 sq, EL . required) ; ' ^l t l TANL'ARY' 9 , 1990 REGULAR COMMISSTON MEETING 5 f l._Y 1H 41y1'I y { 11 l�4Mk1Yr l +Sibl' x. f { Mr i s ` ha�1'JI 171 t. (b) East 75 ' of Subject. Parcel : y 1 ) 80 .71 ' W L depth (90 ' required) Mr. Archie Ryan , TIT, was presenL to explain this variance request. Mayor Mc Elyea opened the public hearing on this variance request . After hearing several residents in the area speak in opposition and Mr . Ernest Uurb confirm that he is the owner of the subject property not Mr . Steve Lupo, Lhe Mayor closed the Public hearing and opened to the Commission for possible acliorl . A motion was made by Commissioner Bert.ino, seconded by Vice Mayor Mikes to deny VA-54-89 fur property IOCdLed on Lhe SOULhwest corner of V . E. 2nd. Aveuue and N. E. 1 SCreel. for COuStrUCt [Ol1 of Lwo townhouses . i The motion passed on (-he following roll call vole: Commissioner BerLiuo-yes Vice Mayor Mikes-yes i Commissioner Cook-yes Mayor Mc: Elyea-yOs j Commissioner Grace-yes t 4 . 3 City Attorney Adler informed the Commission of d variance request by Value RenL-A-Car, Petitioner/Owner for property located L030 Taylor Road Lo allow the .increase in height of an existing ground sign from permiLLed 20 ' height- to proposed 10 ' height subject to all local , counLy, sl:al.e and federal aviation requirements . Mr . Adler added that the Planning & Zoning Bodnl recuumiended denial . A mol:ion was made by Commissioner Cool., seconded by Commissioner Grace to ccrnLinue Ihis variance request Lo the nett regular commission meeting of Jdnudry 23, 1990 due to the petitioner nut beiny present . The motion passed on the following roll call voLe : i Commissioner Bertiuo-no Vice Major Mikes-yes Commissioner Cook-yes Mayor Mc Elyea-no Commissioner Grace-yes 1 . 1 City Attorney Adler informed the Commission of a variance VA-83-89 request. U; Edith Seaqu-ist , Petitioner- and Ocedn Waterway Mobile Home Park, Owner for property located at. 1020 Oceanwdj Boulevard to allow the coustrucl-ion of a Carport addition within 5 ' of an adjacent, Lrailer (10 , required) . Mayor Mc Elyed opened Lhe public hearing . After' hearing Mr . Spies speak in favor and no One speak in opposition, the Mayor closed Lhe public hearing and opened Lo the Commission i for action . A motion was made bj I nnunts;t;louer Look , seconded by Commissioner BertLuo Lo 9rant VA-83 -89 as requested by Edith Seagnist . The motion glassed oll the Lollowing roll call voLe : Couuurssiouer Bel tirlo yes Vice Maycu Mikes-yes - Commtssioner Cuul. yes Mayor Mc Elyea yes Collullissionel GI' ace- jes -1 . 5 Cil.y ALLornej Adler informed Lhe Commission of a variance VA-86-89 request by Triple A Signs , Petitioner and " Marvin Mandel , Owner for property IOW Led dt 555.3 Ravenswood a t , Road to allow the cunstr not ion of a 100 sq , ft . ground sign � K (maxiunun size permitted is 50 sq. fl . ) . City At Adler added that the Planning & Zoning Bodrd recommended approval of this % aIialice request . Y n too REGULAR COMMISSION MEETING 6 JANUARy' 9, 1990 tti Y _ P +1' a 4 4 r Mayor Mc Elyea opened We public hedriuy . Hl;ariny no one i Speak in favor or opposit:iou , the Mayor closed Lhe public hearing and opened to Lhe ComumLssion for possible ":Lion. Mr. Larry Leeds , Growth Manayement DirecLor , informed Lhe Couuuisslon Lhal ' Ile : lze of this requested Sign is in � conformance with other businesses 1-n the area and LhaL Lhis , property has been newly dnneNed into Dan.i-d . A moLion was wade by Commissioner Ben ino, seconders by Commissioner Grace. Lo grant, VA-86-89 as requested by Triple A Signs for property located dL 5553 Rdvenswood Road to allow Lhe corlst-ruct-ioll of a 100 Sq . ft . ground sign. The motion passed on Lhe Co1lowLlg roll call �oLe : I Commi-ssioner BerLino-yes Vice Mayor Mikes--yes Commissioner- Cook-ye,; Mayor Mc Elyea-yes Couunissl offer Grace-yes I 4 . 6 C-LLy eALLorney Adler informed Lhe Cumuussion of d I variance VA-93-89 request by Michael Mdncusi Lo construct. a 6 ' fence in an PxLerior side yard WrINillUICI 1 ' permiLLed) for properly lOCaLed aL 202 N. E. 2nd . Place. Mr . Mancusi stepped forward Lo e.yplain the. reasons for this vdriduce requesL . Mayor Mc Elyea opened the, public hear-illy . After' hears-ug David Ptedcher speak in opposlLion and Mr . PlducrlrL speak in r favo , Lhe Mayor Closed Lhe public heariny . A motion was made by Commission(-, BerLino, seconded by Vice Mayor Mikes to direct Larry., feeds Lo revif,w the original plan submiLLed when Lhe buildi-ng permil- was issued Lo Mr. Mancusi- dnd Lo approve Lhe 6 ' fence as outlined on plan . The motion passed on the following roll call. vole: Commi-ssi-oner Berlino-jes Vice Mayor Miles-yes Commissioner Cook-uu Mayon Mc, Elyea- yes Commissioner Grace--rlo 4 . 7 City AtLorney Adler informed Lhe Couwussiorl of a land use amendment request Lo amend Life certified laud use plan LU-92-89 from EsLate (1 ) Residential to Medium (16) Residential and possible adoption of a resoluLiorl authorizing the transmission of this land use Plain change as requested by John LigoLti for property 1oCdLed North of Sheridan Streel and Easl SE 5Lh Avenue . Mr. Ligot-ti sLepped forward ro explain f11IN ldlld Ilse amendment . Mayor Mc ElYea oPenfrd the public hraIiny . After heariny from Jim Malone , on belldlf of file Ddllid Civrr Association, who suhmliIIod se% ,raI Pe1ons Crom residr,111 in I-he area and Vino7ellI Carroll , Whn Br"Kner , TI ciuy wel wars , Faye Bar[ flialnls, Tow PaLrllo, and lingo Relida express opposition, Lhe Mayor closed Lhe Pub] if! Ilea iffy . A motion wfs wade by A' ir o M,fyul Mikes , nfrcold�rd by ' Cumm i ssil et Bpi I i ino I " cunt i nue t if I :I ] dull use IAN 92 89 amendment a ; requesl "l by John Ligol. II unLil I-he nexl. reguldr commission meeting of January 23 , 1910 or Lo rl '. workshol, this item prior Lo Lhe 11".0 rrrglllar luf.eet iug if i possible . Y The mclLLon Pd:;:;ed ou the following rol l f`all vole : r ,n ' CCIfIIIII15;i1(Ilfe L' BertlrlC, fps t` ,, 1<'f' ldycu Mi nr.S yeti � rf�• Commissioner Cook- cps ;g r ` Mayor Mc Flvf• t ve Comnllsslolfer Grace pe-, rf ti ,,a�9 x yrq" � REGULAR COMMISSION yIEETiNG 7 A yn JANUARY 9, ] 990 fit. ` Y y Y a p Admirti.sCraL.ive Ordinance; (second and final reading) 4 . 8 City ALlorney Adler read the Lille of an ord.i.nance grauLiny Peoples Gas SYsLeul , Inc. , d franchise for a Period r of 30 years to conSLrucI , operate arid maintain d yd, Lit iIiLy system ill Dania drtd prescribing Lku. Leans arrd c:ondii::ions of such frartchtse arul for revocaliou thereof . Mr . Adler informed Lire CollluliSsion that, Ile has contacted Peoples Gals and confirmed t.hdL they will. pdy d 6% franchise tee which is tkte highest, percentage allowed by law . { Mayor' `1C F.l.yed opened the Public bearing . Af.ler Mr . Peeb1Y requested ldndscdpiny dnd irt'iydt.iorr be added ds d condition to this fr-anchise and hedriug ❑o one speak ill opposition , the Mdyor closed Lite public hearing . A ❑toticrr was made by Cwllmi_SS.ioner Cook, seconded by Catnwissioner' Grace to grant. Lite franchise to Peoples Gas by adopting Lhi:; ot'dinartce on second reading with the cortd) tion that Lhe Lerw be changed to 15 years dud Lhal_ Peoples Gas oved prepare d landscaping ,and Ir"i ,ryilion plan Lu be appr by Lite Ci Ly . � Tire mol_ion Passed on Lhe followi.ug roll call vole : I Conunissioner Bertitlo-yes Vice Mdyor Mikes-ye.; Commissioner Cook yes Mayor Mc Elyed-veS CUIII11,i.S loner Grace YeS 4 . 9 CiLY ACLorne} Adler read Lhe Lille of an ordinance for second reading amending subsection (c) of Section 6 . 21 , CktdpLer' 28 , of the. Code of Ordinances to provide off-sLreel_ parking requiremenl.S for uurlli -opetaU.,r reLdil fact.liLY or a multi-opetal.or t0 ail mall . r Mdyor' Mc Elyea opened the Pu;�liC tied] irul . liedriny no one speak i_II Ldvor or oppostLiori Lhe Mdyor Closed Lice public he atiuy . } A motion wts made by CommiSsluuet Grtce , Seconded by Commissioner Cook to adopt this ordinance ou second reading for further disc IIS:;i_crlt . ; Cuulruissi.oner Grace withdrew her motion. A mol, ion ss was made by Commi ;ottc , Bettina, econdo by Couullissioner Cook Lo conLiuuc Lite Sccond I eddilig of this ordinance unLil a review by the Duwnloww RedevelopinenL r Agency dnd d recouuuenddliorl is brought back to LLIe j Cotton i ss i on . The motion passed on Lhe fc,llowi_uy roll "Ill vote : Corllmissioner Bpi Liuo-YeS Vice Mdvor `likes yes Couunrssioner Cook-ces Mayor Mc Elyea yes C oillllli Ssioner GI ac'e-V'es , i i 4 . 10 City Ail orney Adler read I.he I.1LIe of an c_Irdir r1ce authorizing the Soulbern Bell Telephone air(] Telegraph Company to uSe the public: of Ddnid for Lhe purpose of erc�ctiuy , cnusLruc-Lilly , mdiut.drning dnd operdLiug lines of telephone and Leleyrdplk equipment thereon dnd Lltereunder . Ms . Kathy , >Iduaya,r of Corporate and CouunuuiL� A I f i i r s for Sou LheIrl Bell , iulormed the Commission LhdL she has spuken to Lite :;ouLhetIt L'ell District Engineer to ensure that. a [ ate c•ontrdcL encJ inc�et will 'Mt rci" Ddnid to invesitl the problem of Lwo Poles for possible removdl . Pls . McKirteey '� r fell Lhdl, Lhi.s :;urce� Should be Completed by the end of, April . , `ldyot Mc ElYea opened the public Iteari fly . Hearing uu one speak in fdvor or opposition, Lite Mdyor closed Lite public hedri try . 4�x, REGII MM LAR COTSSION MEETING 8 JANUARl' 9 , 19907Q, 1 , '4S 'ir, y r & � �3�u t° .A��1�� SFr'''' � •. , YJy�Cl�i'Tr k 6;1 A motion was wade fry Cumniissiuner Cool: Lo adOpL Lhis ordinance u❑ second and final reddir'tg dll(.ltoriz.irig the ' SOUL}tern Bell frarrcltise .in Dania . A motion was nidde by ViCe Mayor Mikes, seconded by Coumrissioner' BerLino Lo adopt. Lhe ordinance on second reading with Lhe awendnienL to include d term of 15 years . The uwLion passed ut7 Ure following roll call voLe: Conuni s:.ioner BerLino -ices Vice playa. Mikes ves Commissioner Cook-yes Mayor plc Elyea-yes Coouuissiuner Grace-dbsLained 4 . 11 CiLy ALturney Adler' read Lhe LiLle of an ordiudrtce for second t'eadiny awendiny At1.icle 10 Of Chapter 28 of the Code of Ordinances tO require a four-fifUrs voLe of Lhe CiLy Conuniss.ion for' Lite approval of cer-l.ajn Variances . Vice Mayor. Mikes expressed a need for this ordinance to control Lhe issuance of Variances Arta special exempt-ions . Mayo): Mc: Elyea opened the PubiiC fled riuy . AfLer' ltearifly several Dania residertLs speak in Lrvor and no one sPedk in oPPosit.iort, the Mayor closed Llre Public hearing . A moLiuu was made bi' Couunissioncer" Grdce, seconded by Mayor. MC Elyea , afLer Passing Lhe gavel , Lu deny adoption of this ordindnce. The motion passed on Lhe following roll call voLe ; Cuuuniss orret Ber Lino--no t h � ree favor Mikes-uo Commissioner COoI< ir :: Nivm ` c F.lyea yes Commissioner G[ dce yes 4 . 12 C.iLy ALLorney Adler read I.he 1- it-le of an ordinance for second r'eddi.uy dune.-ng Lhe North 70 feet of Lhe South 210 feet of Tract 1.6 of Seabodtd Farnis , according to Lhe P1dL thereof , recorded in plaL book 1.8 , page 22, of tire public records of Browdrd County a , sid lands siluate , lying 'nrd being illBrowdrd Couut.y Logetlrer with .ild.er-est, of peCiLiuners/owners if, adjacent Public riyhC-of-way. Mayor Me Elyed uperred Lire public. ]fear ! fly After discussjorr regarding dnnexaLion ordinances having a definitive address added Lo t_he dyendd in order for citizens to have a better �� idea of locaCion, Lhe Mayor closed Lhe Public hearing . A motion was made by Commissioner Bertino, seconded by Conunissiorret' CUUk Lo idoP' I-he ordinanCe on second reddiny drutexiug Lire North 70 feet Of tile South 210 feet of Tract 16 of Seaboard Fdrws . The motion passed un 1-he fe,lluwiny toll call vole: Commissioner Ber LinU-yes Vice Mayor Mikes-yes Couuuissioner (.oak-ye:a Mayor M(.. Elyed-yes Commissioner Grdce-% es 4 . 13 CiIy At, tr,rney Adler read Lhre Li U e uC do ordinance anuexiru3 Lot 12 of Grerut Oaks , d subdivision of It 17 of Seaboard Farms , dccurdir'y Lo Ihe• plat of Green Oak:; , recorded in Plat- Bool, 2f , Page -12 , of the public. records of Rrowdrd Cururty, Florida , said lands :; iludtc�, lying and bei-jig iu Browdrd Counti' , toyet-liet wi. l lr any inLc rr.sl. uC Pet.it: ionet's/Owners in adj,-tc'ant publ. i < riyhl -of. way . Mayor Mc Elyed opened t_he public flea r'i try . Hear-iuy no one �? sPedk in favor ur oPposiliun , the Mayor Closed Lhe Publicx hedriuy artd opened to Lhe Co w"'issron for' possible action. + ,ikcrti e �1 x . s REGULAR COMMISSION MEETING7 43 k� 9 JANUARY 9, 1990 a!lr } v � J a t Y M1IS� � `.Lt4e' Y Z Tel ri^ x s... y r A mol_iort was made by Couunissionec' Cook , seconded by Couunissionet' Grace l_o adopt- on second reading t.}re: ordjuauce anneKiuy L;oL 12 of Greerl Oaks , a subdivision of Tiacl .17 of.Seaboard Fit rnis . Tile motion f passed o❑ I e Tol]owing roll call vote; }` Commissioner Bet lino Nrs Vicc >layot' Nlikfrs yeS k Co111116 ssiorier Cook-yea; `Idyor' Nlc Flyea yes Couuu t s iortex Grace-yes 4 . 14 CiLy Al_loi'ney Adler read Lhe Lille of an ordirlance amendirlg Section 3 or Article 5 (cont-rdcl.$) of Part_ XTT of the Charter of the City Lo provide for the disposal of garbage, Lra S 11 , waste and/or all ol_her types of waste or ) debris by airecL ❑ego IidLions and without. CompeLilive biddiliy curl w_iLhotil. adverlisemonl of Lids , i I Mayor Mc Elyea opened Ute public hearing . Hear-illy speak in favor or opposil_iort , Lire Ma no one 1l yor closed Lhe public earjrlg and opened to Lhe Conunissiorl for possible dcliou . 1 A mol,jon was inddc by Conuuir_st .it>r1e'r' Bert,in e o, seconded by 1 Comwissioner Cook Lo adopt LP1ia_; ordinance ou second and final readirul. The motion PdsSpd on the following _roll call vole ; 7 Conwuss.i-otter Bet l-i-uo- es Commtssiouer Cook-Cook- yes ` iCe Mayor' Mjkes-yes Y fagot No- El.yea-yes Comwissioner, Grace-yes i 5. STTE PLAN REQUESTS - none 1 6. EXPENDITURE REQUESTS- none I 7• SPECIAL REQUESTS j 7 . 1 Fit r tile t' review of Glen-Ldureu plaL I COMM is-;tiller Berlin() redd d memorandum ddted August 30 , 1989 from t}1e Traffic Ftrgineerilly Division of Firoward Count}' reydr'dirig a possible hazardors condil.i.on w-ith the Glen- Lauren Plat design Submit-Led at L11a1. title. Dawn Soruieborlt, Berry k Calvju, Inc . dnd %It, . George Robertson, Browdt'd County Traffic Fngineeriltg Division, were pr'eseul Lo review with llie Couuuissiou the waiver of Lhe hazardous Condition to Lhe Glen-Lauren Plat . After further djscussion, ConunissjonE'x' Be"( j.uo made d nwljort, Seconded by Vice Mawr Mikes I.hat due Lu interest- of publjc sdCeLy Llw enLire plat of Glen-Lauren be reviewed one more Lime, to notify the counl.y IhaL the procedure used Lo approve LhjS Plat: was riot, accepLdble and to request- the Cor.lrlty Lr1 tFscjnd this p1dl- and reLurn to till, City of Dania for .innl }ier review . Dawn Sonneborri advised I.he Couuuis. ; ion LhaL U1iS plat Irds_been recorded dnd cannot- be rescinded b} Ilie CottnLy. Commissioner Bert iuo juCoruu'rl `Is. Sonnebnru Lhat. the City is prepared Lo Lake ley;il d I iori to Lhis molter. Mi . Cr r r y Vjold , repro>,rnil illy I er;jdeut s ill the Glee-Lauren Mal , stepped fora.ird Lo hiS i-nvolveuieiil with Lhe to s earch on Uiis plat wiI.11 LhW CounL� 111d Confirmed his disayreemeuL 6i1.11 the i is Life plat t.ds ��hdnylal from 19 lots to 18 loll . Mr . Viola teyuesLed Lh;iL Lltis plal_ be reheard by [ fie Danid City Couwus:;ior1. City Attorney Adler inCormF' l Lhe Couuuission Lhal he will write Lo Lhe CouriLy Lo ask IhdL Lhey rescind the Pldl , but advised LhaL he felt this reyu�'st would be futjle. x REGULAR CONIh1ISSI0S MFETTING l0 JANUARY 9 , 1990 4 Y 1 � . 0,5 ,r 5, Mr'. RoberLson added LhaL Life potential of Lhe 11dZdrd0us Condition mentioned in Lire CourrLy menur'dndum dated August 61 30, 1-989 actually }tdPPetlin9 is mi.rrinial and Lhal Lhe r'e is uo I way Of krruwirr9 for sure LlydL d danger' OXISLs . The motion made by Commissioner BerlJ_no, seconded by Vice Mdyor Mikes wds restated Lo r'equesL Lhe County to rescind their approval of Lhe recorded Glen-Ldut'en P1dL and, in Lhe t event- Lhey refuse, to Lind some remedy where Lire CiLy could f file a ldWSUiL to Force Lire CuunLt' to rescilld. I f The motion passed on Life following roll cdll vote : Conuuissioner BertLino-yes Vice Mayor Mikes yes Commissioner Cook yes Mayor Mc Elyea-yes Commissioner Grace yes Conunissioner' Bel Lino and Vice Mayor' Mikes x ,-tgIesleI LhaL City ALLorney Adler provide Lhe County wiLII a frill eXplaudt.}on (IF Lhe uirr:ruusLances souroullding Llr_is requesL as discussed LonighL . 7 . 2 Cil_ ' A Lorrrei' .Adler informed Lhe Commission of a request- for' reconsideration of varidnre request on patking regardiuy war'ehou es .in reldl.roushi_p to the Hawthorn Lract . (VA-65-89 Petitioner A. J . Riatr) Commissioner Grace A motion was madc lay Couuai ;s.i,uier Cook , seconded by Cunuuissioner Grace to curtLinuE Lhi *'; Pe,.ial request as Lhe sign Cot Lhs i nol- ice was if(,[ t[_ Pu rip in Lime in accordance with Code . The motion failed or, Ill, Cc>l.lowiug roll call vole : � Commissioner Bel Lino-nc> Vice Mayor Mikes-no ! Comuussioucr Cook-no Mayor' Mc El ea-no Commissioner Grace-no A niot_ion was made by Conuuissioner' Berl.i.no, seconded by Vice Mayor Mikes Lo deny r-econsrderaLiorr of variance request, on parking regar'diuy wdre.huuses in relat.ionsltip to Lhe Hawlhor'ue tract VA-65-89 . The motion Passed on the Followiuy roll call_ vote : �.. - Commissioner BerLino-yes Vice Mdyor Mikes-yes Commissioner Cook -uc' Mdyor Mc Elyea-yes Commissioner Gtdce-ves 7 . 3 Cil_y At turnei' Ad] er informed Lhe Couunissiorn of a requesL by Joseph Maggi and Alfred MiLurese for permission Lo subniii peLiliou Lo vdcdLc 150 ' rtlley running east and west from NE 1 Avenue to NP 1 Court- and Lo waive repldLLing requirement- . -1 mul.ion was made by Commissioner Cook , :;,:corded bi Commissioner Grace to dppr0 F Ilte request_ by Joseph Mdgyi and Alfred Milanese For p,, r ill issiou Lo submi t-, l_he pel. iLiuu Lo Lhe Plalrning & Zuuin9 Board a:; staled ribove. i Tho lilil.ion passed on Lhe followiny roll cal] vote: comilliso3iollor Bel I. Mayor Mike -yes Couuni ; i,.>ner Cook-ic .; hldZor Mc Elyea iri:; Couunrssionc r Grace-yes 8 . APPOINTMENTS 8 . 1 Mdyor M,-FA yc�d requested d roll cppointment- of Gloria Daly Lo Lite Danid Housing Authority . 8 . 21ay,at McElped requested d roll call vote on Lhe � x appointment of PdLricia Davis to lire Housing All LhoriLy . ; ' REGULAR COMMISSION MEETING 11 JANUARY 9 , 1990 2�4 n,e �1 Elr y : I T , F Fr; A The Connurssi_on wade no response Lo Mayor' Mc; Elyea ' s reque.sL for I roll ca11 vole on the app(iiril:menls of Gloria Daly and Patricia Davis to the Housing Aulhorit. . 9, DISCUSSION 9. 1 City' ALLc)rney Adler informed the C()wwisss oil of d cequesl by Couuuissioner BerLino I,o create do ordindrice banning rurchLy in est:abl.islrment.s serving alcoholic beverages . Commissioner BerLino iitfortiled Uie Couunission that he would like to duplicdle an ordirldu_e used by FL . Lduderdale Lo ban nudity i❑ establislunents serving alcoholic beverages . A motion was made dnd seconded to prepare art ordinance banning nudLlp ru esL,:tblishmenL - ;etvi_n9 alcoholic beverayes i.ri dccorddnce with Lhe rudindrrc.� used b� FL . Lduderddle. J� The motion passed c,n the Collowiriy rnl ] call. voLrr : I Comuiissi.oner BerLino-yes Vice '•favor PLikr.r:;-yes Commissioner Cook-yes Mayor '•Tr• Elyr�d-yes I Cowui i ssione r Gt'dce-yes i i 10. CTTTZSN' S COMMENTS i 11 . ADMINISTRATIVE REPORTS I 11 .1 CiLy Mandger a . Status report- oIt tion City Mdndyer Flatlet' reminded the Cummis_; ion I.haL lie j disLribnLpd copies of Lhe durieNdLiou bill . He informed Lhe i Comm-iss ion LhaC Lhe fir:;I public hedri a _rig regrdiny Lliis anne-xat:ion bi.11 w.i11 be January '18 , 1990 at, 4 : 00 p. m . at. (.heCourtly Coiiuni.ssion clidu)bers . The sf coucl dnd Lisal hear'iny will be February 1 , 1990 . I). Sel workshop for' 1/16/90 reydrdiny Sea .i fdr lease , water eLudy dnd ol,her iLews . Ci Ly Manager' rec}itet;Led the Couunrssion I set a ne f.or the workshop meeLing 1/16/90 . Tlic Coiuwission agreed to set Lhe ew/ workshop dt. 7 : 30 P.oi , t 11 . 2 City AtLorney - no counuenls I 12. COMMTSSTON COMMENTS l 12 . 1 Conuuissiouer Bert ill() couuuenls 12 . 2 Commis;si(.)ner Cook Couuuissiorier Cook request-ed LhaL flip City Maudger dud City Attorney ypl, together on reueyolidlirig our contract with BSO and L(.) contact- Deerfield Beach 'Ind Tdmdrdu Lo review their couLrcicls wiLlr BSc). 12. . 3 Comni :;sioner Ci:acp Cowuussioner Grace e�pre:,sed leer aPPrecidiion to Lhe ndi� idnals who dttended Lhe Dr . Marlin LiiLhc:'r' Ring Banquet un Sdturddy night- at T .T. Pdrlcer' CoumnuiiLy Center. ('"MIliIS!; ioiler GI _wfa regnesLed Lhdl. thr- hedy,_'s along lsl street be mdruLdlired dud regiw•;Led high er.iwe liyhLs be placed ill Uiis dreg . Cowmissione'i' Grace informed CiLy Mdndyer F1aU_ey oI a crack "� h' in the sidewalk dL Lhe GredLer Mount- Zion Church located al 215 N.W. 51-h Avenue ` ' REGULAR COMh1ISSIOti MEETiNC 12 JANUARY 9 , 1990 a" � ' % ) k ` 4u , a a,. .- y 1 Sr f iCf V r ilY ��3s^�VWrdU n fi Kh4 r �hi{fir%5r M � My Manager FlaLley remindod Commissioner Grace LhaL Lh .s Lype of repair is Lhe responsibiliLy of Lhe properly owner not. Lhe city. Commissioner Grace informed Lhe audience and Commission of Lhe Dr. Marlin Luther King Prayer Breakfast. aL 7 : 30 a .m. aL Collins ElemenLary on January 1.5, 1.990 . Commissioner. Grace also menLioned LhaL Lhe march will be al. 9 : 00 a .m. and Lhe services will he held aL GreaLer MounL Zion Church at 13 : 00 a .m. Commissioner Grace menLioned LhaL on January 13 Lhere will be a banqueL aL Lhe Hilton and Lhe keynoLe speaker will be Major Jimmy Brown Crow 1_11e Miami -Dade Poli-ce Depar-LmenL . 12 . 4 Vice Mayor Mikes Vice Mayor Mikes requested I-he Cil-y ALLoruey Lo research municipaLiLies in Florida Lo see whaL is available in Lhe way of ethics and conClicL of inleresL otdinauces Ll1dL may be applicable Lo Lhe Cily of Dania . 12 . 5 Mayor Mc Elyea - no commenLs This reyular CUi111111.SWUH weeL.ing was Lhen adjourned. j i I P A 'OR-COMMZ.,SIO ER DEFL1FY :T' CLFRK-AUDITOR i I i I i r i n � Mono. 4zd Y r�'y�yYdfy y} T REGULAR COMMISSION MEETING r+ 13 ,1,ANUARi' 9, 1990 Y g 5 ^ rk' If 1 f+�F r 7 AGENDA DANIA CITY COMMISSION REGULAR MEETING i JANUARY 9, 1990 8:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ' r ROLL CALL i PRESENTATION - By Michael Smith regarding After-school program at j Collins Elementary 1 . CONSENT AGENDA Minutes 1 . 1 Regular meeting of November 14 , 1989 i 1 . 2 Special meeting of December 7, 1989 1 . 3 Workshop meeting of December 20, 1989 1 . 4 Special meeting of December 20, 1989 1 . 5 Regular meeting of December 12, 1989 3 Bills 1 .6 Approval of bills paid for the months of October and November. i Resolutions 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE BOARD OF RULES AND APPEALS OF SOUTH FLORIDA TO MODIFY EXISTING SECTION 4620.7 OF THIS SAID CODE PERTAINING TO BACKFLOW PREVENTION DEVICES TO LIMIT SAME TO CROSS-CONNECTION CONTROLS PROGRAMS TO NEW CONSTRUCTION ONLY; 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. " 1 . 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN THE AMOUNT OF $8, 655 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; 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. " 1 . 9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL { AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR DISTRIBUTION OF THE PROCEEDS OF THE LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SERVICE AGREEMENT BETWEEN THE CITY OF DANIA AND DAVID FECHTER, AND PROVIDING FOR AN EFFECTIVE DATE. " 1 l r a I 1 CONSENT AGENDA (continued) 1 . 11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUESTING BROWARD I COUNTY TO DELETE SOUTHEAST FIFTH AVENUE FROM DANIA BEACH BOULEVARD TO SHERIDAN STREET FROM THE COUNTY'S TRAFFICWAYS PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. " I 1 . 12 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN BROWARD COUNTY, CITY OF DANIA AND ELLEN V. RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTINGOISOIN PROGRESS FOR STOINOFF 'S VALHALLA PLAT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 13 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN BROWARD COUNTY, CITY OF DANIA AND HOUSING AUTHORITY OF j DANIA RELATING TO THE ISSUANCE OF BUILDING PERMITS WHILE PLATTING IS IN PROGRESS FOR MIZELL GARDENS PLAT` AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 14 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND METRO-BROWARD PROFESSIONAL FIREFIGHTERS LOCAL 3080, IAFF; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1 . 15 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA? REZONING THE FOLLOWING DESCRIBED LANDS {� TRACT 'A' . TO-WIT: PARCEL A: THE EAST 683. 19 ' OF , LESS THE SOUTH 295 ' THEREOF, "RE-AMENDED PLAT OF ,.� HOLLYWOOD PALMS" , AS RECORDED IN PLAT BOOK 36, PAGE 46, OF THE t PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND CONTAINING 13. 000 ACRES, MORE OR LESS; AND PARCEL B: THE WEST 640. 86 ' OF TRACT LESS THE SOUTH 295 ' THEREOF, "RE-AMENDED PLAT OF HOLLYWOOD PALMS" AS RECORDED IN PLAT BOOK 36, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND CONTAINING 12. 000 ACRES, MORE OR LESS; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA* FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 THE CITY OF DANIA, FLORIDA A AS OF THAT ORDINANCES OR PARTS OF ORDINANCES AND DALL RESO UTO ONSND PRING OR PARTSALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (RZ-87-89 - Petitioner - Ross Beckerman; Owner - Anara Investments, Inc. ; property located at 280 Bryan Road) (Continued from 12/12/89) 2. PROCLAMATIONS 2. 1 "Waterway Cleanup ' 90" - March 3, 1990. 3. BIDS (8:15 p,m. closing) 3. 1 Receipt of bids for "Modello Park & 14th Way Park, Site ! Improvements; Block Grant (Project Impac) . 3. 2 Receipt of bids for 1980 Ford bus, Rockwell parking meters & portable radios & accessories. 2 I 1, 1� 7 r Y4 7 t foj t 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner/Owner - Herbert Penn, Jr. ; property located at 1000 j Phippen Road i Public Hearing - RZ-85-89 (second & final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 8 AND 9, BLOCK 1 OF COLLEGE TRACT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . 2 Petitioner - Archie Ryan, III ; Owner - Steve Lupo; property located on the southwest corner of NE 2 Avenue and NE 1 Street Public Hearing - VA-54-89 - A variance is requested to allow the construction of two townhouses on the subject parcel , as follows: (a) West 62. 5 ' of subject parcel : 1 ) 81 . 8 ' lot depth ( 90 ' required ) 2) 5, 116 sq. ft. lot (6 , 000 sq. ft . required ) ; (b ) East 75 ' of subject parcel : 1 ) 80. 74 ' lot depth (90 ' required) 4. 3 Petitioner/owner - Value Rent-A-Car; property located at 1030 Taylor Road. { Public Hearing - VA-55-89 - A variance is requested to allow the I increase in height of an existing ground sign from permitted 20 ' height to proposed 40 ' height subject to all local , county, state and federal aviation requirements . 4 .4 Petitioner - Edith Seaquist; Owner - Ocean Waterway Mobile Home Park; property located at 1020 Oceanway Boulevard Public Hearing - VA-83-89 - A variance is requested to allow the construction of a carport addition within 5 ' of an adjacent trailer ( 10' required) . 4. 5 Petitioner - Triple A Signs ; Owner - Marvin Mandel ; property located at 5553 Ravenswood Road i Public Hearing - VA-86-89 - A variance is requested to allow the construction of a 100 sq. ft. ground sign (maximum size permitted is 50 sq. ft . ) i I 4. 6 Petitioner/Owner - Michael Mancusi ; property located at 202 NE 2nd Place Public Hearing - VA-93-89 - A variance is requested to allow the construction of a 6 ' fence in an exterior side yard (maximum of 4 ' permitted ) . 3 i rt. I i ryy F+tli �p 1 i_ t 1 r _ ., t 71 PUBLIC HEARINGS (continued) 4 . 7 Petitioner - John Ligotti ; Owner - Louis & Dorothy Lavrich; property located North of Sheridan Street and east of SE 5 Avenue. Public Hearing - LU-92-89 - Adoption of resolution authorizing the transmission of a land use plan change is requested to amend the certified land use plan from Estate ( 1 ) Residential to Medium (16) Residential . Administrative Ordinances (second & final reading ) 4. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING TO PEOPLES GAS SYSTEM, INC. , A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR A PERIOD OF 30 YEARS TO CONSTRUCT, i OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY OF DANIA, FLORIDA; AND PRESCRIBING THE TERMS AND CONDITIONS OF SUCH FRANCHISE AND FOR REVOCATION THEREOF; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (continued from 12/12/89) i 4 . 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTION (c) OF SECTION 6. 21 , CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA TO PROVIDE OFF-STREET PARKING REQUIREMENTS FOR MULTI-OPERATOR RETAIL FACILITY OR A MULTI-OPERATOR RETAIL MALL; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN ° EFFECTIVE DATE. " 4. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE ~ SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF DANIA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING THAT ALL ORDINANCES AND PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 10 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO REQUIRE A FOUR-FIFTHS VOTE OF THE CITY COMMISSION FOR THE APPROVAL OF CERTAIN VARIANCES ; PROVIDING FOR SEPARABILITY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN j EFFECTIVE DATE. " (Vice-Mayor Mikes) 9 i --------- x =r Y A 74 * y;a c I 4 y m PUBLIC HEARINGS (continued) 4. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NORTH 70 FEET OF THE 1 SOUTH 210 FEET OF TRACT 16 OF SEABOARD FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT 12 OF GREEN OAKS, A SUBDIVISION OF TRACT 17 OF SEABOARD FARMS, ACCORDING TO THE PLAT OF GREEN OAKS, RECORDED IN PLAT BOOK 21 , PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES ; AND PROVIDING FOR AN EFFECTIVE DATE . " 4. 14 "AN ORDIANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 3 OF ARTICLE 5 (CONTRACTS) OF PART XII OF THE CHARTER OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE DISPOSAL OF GARBAGE, TRASH, WASTE AND/OR ALL OTHER TYPES OF WASTE OR DEBRIS BY DIRECT NEGOTIATIONS AND WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT OF BIDS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7. 1 Further review of Glen-Lauren Plat . 7. 2 Reconsideration of variance request on parking regarding warehouses in relationship to the Hawthorne tract. _R. (VA-65-89 •- Petitioner - A.J. Ryan) (Commissioner Grace) 7. 3 Request by Joseph Maggi & Alfred Milanese for permission tc submit petition to vacate 150 ' alley running east and west from NE 1 Ave to NE 1 Court and to waive replatting requirement. 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Creation of ordinance banning nudity in establishments serving alcoholic beverages . (Commissioner Bertino) 5 h 4 '- a 'S 5 ib6 .5 1 �� a � 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 : 00 p.m. the second (2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen( s ) or party will be asked to address the City Commission during the meeting. 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager a. Status report on annexation b. Set workshop for 1/16/90 regarding Seafair lease, water study and other items. 11 . 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Sertino 12. 2 Commissioner Cook 12. 3 Commissioner Grace 12. 4 Vice Mayor Mikes 12. 5 Mayor Mc Elyea --------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 I 1 :6.GF i j 6 x , 114 i i i �yt - i S Vfl{��SrP , i 1 ' + I 3 f nymmS�pTfy,fµ�hdl��✓4�y�(F F 2��fzYtiN°h`41'i� >S��lSSl1 1^ � I. 1 w i y 1 I c. --............ ...... ....�. ... r ....... ADDENDUM DANIA CITY COMMISSION REGULAR MEETING JANUARY 9, 1990 8:00 P.M. 8. APPOINTMENTS 8. 1 Reconsideration of roll call vote for the appointment of Gloria Daly to the Dania Housing Authority. 8. 2 Reconsideration of roll call vote for the appointment of Patricia Davis to the Housing Authority. 1. 44 f I 1 I 4 xy` ~C f �k t 2�n,�y�y�'4 � � tT 3 T K Y �p�� }�E1 Y`'• !01 S M k k I ( � i t v r7 b17 r �> r M4 - rlf , �{d x. P R O C L A M A T I O N WHEREAS, the Marine Industries Association of South Florida has conducted periodic waterway cleanup campaigns; and WHEREAS, March 3, 1990, has been designated by the Marine Industries Association of South Florida (MIASF) as the thirteenth Waterway Cleanup in Broward County; and I WHEREAS, the City of Dania should endeavor to keep its waterways clean for tourists, residents and boating enthusiasts; I NOW, THEREFORE, I, Charles K. McElyea , as Mayor of the City of Dania, Florida, do hereby proclaim March 3, 1990, as "WATERWAY CLEANUP ' 90 DAY" in the City of Dania and urge all citizens to join in the monumental task of keeping the City's watrways clean and enjoyable for everyone. vIN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 9th day of January, 1990. ATTEST: mayor K. Mc yea � a..J' Panda Mullikin, City Clerk ' I i i i G y �x t r i yi 2} SAV .e N. Stt t � � A 1 Ct 62 1 f v t /F P R O C L A M A T I O N WHEREAS , the Tenth Annual Sistrunk Historical Festival is being held February 2 - 28, 1990 ; and WHEREAS , the Sistrunk Historical Festival honors the memory and contributions of Dr. James Sistrunk, the first black medical doctor in E Broward County; and WHEREAS, the Sistrunk Historical Festival serves to promote citizen awareness of the historical value within the Northwest Community and offers the public an in-depth view of the cultural i heritage of the African-American Society and contributions of citizens of African descent in the general population; and WHEREAS, the Sistrunk Historical Festival is one of the most exciting and colorful events in Broward County; and WHEREAS, the Sistrunk Historical Festival will include a talent showcase, parade, street fair, food, art and cultural exhibits, as well as many other activities . NOW, THEREFORE, I, Charles K. McElyea, as Mayor of the City of Dania, Florida, do hereby proclaim February 2 - 28, 1990 as "SISTRUNK HISTORICAL FESTIVAL MONTH" in the City of Dania and do hereby urge all our citizens to participate in the festival and recognize the importance of the African-American Society in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 9th day of January, 1990. e 41�. / v / Mayor Charles K. lyea ATTEST: Wanda Mullikin, City C.,: rk s , . _ 1 FORM r ]EMORANDUM Of VOTING CO IQ OR COUNTY, MwACIPAL, AND OTHER LOCAL PUBLyC 6 010ERS L.ASI NAME—FIRST� NAME—M )LEI N,,ME NAME OF BOARD,COUNCIL,COMMISSION AUTHORITY.OR COMMITTEE MAILING ,\DURESS iH[ BOARD.COUNCIL,COMMISSION. AUTHORITY OR COMMITTEE ON ' WHICH I SERVE IS A UNIT OF: r- ✓P .1?JGG•u '/ CITY y ('(IUNTY OTHER f0('Al AGENCYg' PITY ('OU N'fl' r: l'), )4 b��wU 'to NAME OF POI ITIC'AL SUBDIVISION: 5 UA rE ON\wH IC'll VOIh O('l'U RREn V Irl (, — �1 T MY POSITION I5: ` , / ! (/ �� 7( ELECTIVE APPOINTIVE f i WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. i + i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from Voting; and e WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether j made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. U IDR\I xll IOMM1 PAGE I I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: i • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST �Ltn �. ---, hereby disclose that on � 19 (a) A measure came or will come before my agency which (check one) i i inured to my special private gain; or inured to the special gain of by whom I am retained. I i (b) The measure before my agency and the nature of my interest in the measure is as follows: Lj D fir✓ -�-tI N �t.i I�r-e .t vs `�(_ i I A, I i I .t.o.F. Date Filed Signature 1 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CL FORM MR I0.86 PAGE 2 t. Ir t�