Loading...
HomeMy WebLinkAbout31259 - MINUTES - City Commission 1 11 F7 I 1 MINUTES j DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 27, 1988 a INVOCATION - WANDA MULLIKIN 1 1 PLEDGE OF ALLEGIANCE i s ROLL CALL: j Present - Mayor : Charles McElyea Vice Mayor: Jean Cook j Commissioners: John Bertino Howard Hirsch Anthony Stevens City Attorney: Frank Adler City Manager: Robert Flatley City Clerk : Wanda Mullikin PRESENTATIONS - none f j1.. CONSENT AGENDA 1 ' Minutes 1.. ). August 23, 1988, regular meeting i -..� Resolutions 1. 2 The title of a Resolution authorizing the appropriate city j officials to execute the service agreement between the City of j w- Dania and Mary C. McCaughey Blasi was read by City Attorney Adler. 1 1.. 3 The title of a Resolution to correct scrivener 's errors in Resolution No. 32-88 passed and adopted on August 23, 1988, effective August 1 , 1988, was read by City Attorney Adler. 1.. 4 The title of a Resolution authorizing the temporary transfer of $200, 000 from the water fund to the general fund and providing for repayment of same was read by City Attorney Adler. I 1.. 5 The title of a Resolution authorizing the temporary transfer of $97,000 from the water impact capital fund to the sewer impact capital fund was read by City Attorney Adler. 1.. 6 The title of a Resolution calling upon all citizens of Dania to honor the brave men and women who fought and died during World War I to preserve the freedoms that we all enjoy and to join in JI the sounding of sirens, bells and horns in celebration of Armistice Day was read by City Attorney Adler. d 3 Ordinances (First Reading) 1.. 9 The title of an ordinance amending Section ).8-47(6 ) (b) of the i Code of Ordinances entitled "Finances and Fund Management; Establishment and Operation of Fund" to vary the restrictions placed on the investment of the assets of the City of Dania Police and Firefighters Retirement System imposed by Sections 3 175. 071.( l) and 1.85. 06( l.) of the Florida Statutes was read for 3 first reading by City Attorney Adler. t I. 1.0 The title of an ordinance requiring that an owner or an employee designated by owner be present at all times during which a business establishment is open for business within the city was ' read for first reading by City Attorney Adler. Regular Commission Meeting 1. September 27, 1.988 a 1. 11 The title of an ordinance amending Article IV, entitled "Noise" of Chapter ).7 of the Code of Ordinances to increase the penalties for violations thereof was read for first reading by City Attorney Adler. 1.. 1.2 The title of an ordinance amending Section 1.3-32 of Article II, Chapter 1.3, of the ).980 Code of Ordinances to provide for the payment of interest on liens assessed under the provisions thereof was read for first reading by City Attorney Adler. 1.. 13 The title of an ordinance amending Section 4-36 of the Code of Ordinances by amending said section to include I.T. Parker ! Community Center in the exceptions therein was read for first reading by City Attorney Adler. motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to approve the consent agenda with the exception of items 1.. 7 and 1. 8. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes f At this time, City Manager Flatley introduced Mary Blasi and welcomed her to the city's staff. j PULLED FROM CONSENT AGENDA: 1.. 7 A Resolution authorizing the transmission of the amended comprehensive plan to the Department of Community Affairs of the State of Florida and the Broward County Planning Council . �., Growth Management Director, Larry Leeds, explained that this resolution is being removed from the agenda tonight because it cannot be passed until after review of the plan in October. He described the process to be followed for adoption of the plan and said the plan must be transmitted to Tallahassee by November 1, 1988. Mr. Leeds announced that the first public hearing on the plan is scheduled for October 11, 1988, and the second ' i public hearing for October 25, 1988, at which time transmission I of the plan to the State will be requested. I PULLED FROM CONSENT AGENDA BY VICE MAYOR COOK FOR DISCUSSION: 1. 8 The title of a Resolution authorizing the appropriate city officials to execute the police facility lease by and between the City of Dania and Nick Navarro as Sheriff of Broward County, Florida, was read by City Attorney Adler. v City Manager Flatley described the terms of the lease agreement i whereby B.S.O. will pay the city $25, 750 per year for use of the police building as B.S.O. Dania headquarters. j B.S.O. is responsible for its telephone system, janitorial I services, 20 parking spaces , no full-time prisoners but will have a holding cell for booking purposes no longer than 4 hours. f City will supply in addition to the building the desks and chairs which transfer is addressed on this night 's agenda. j A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to adopt the resolution. The motion passed 4f fon the following roll call vote : I Commissioner Bertino-yes Vice Mayor Cook-no Commissioner Hirsch-no Mayor McElyea-yes Commissioner Stevens-yes t y i 2. PROCLAMATIONS 2. 1. Mayor McElyea proclaimed the week of October 5 - 1.0, ) 988, as \ Court Reporters Week. Regular Commission Meeting 2' 9 g September 27, ].988 r Yfi 1 ! 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building and Zoning (second and final reading) 4. 1. Petitioner: Vincent Cavarra; Owner: Joseph Mancusi ; property located at 21.9 No. Federal Hwy. PUBLIC HEARING - VA-70-88 - variance request to allow the construction of a pole sign on a lot in the Downtown Redevelopment District with a 21. ' building setback (minimum of 25 ' required ) . (The P&Z Board recommended approval . ) i i Vincent Cavarra stepped forward to describe the variance request allow him to put up a 2 ' x 3 ' sign in the front of his building. Mayor McElyea opened the public hearing . Hearing no one speak j f in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to grant the variance request (VA-70-88) . After discussion, the motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-no Commissioner Stevens-no ' 4. 2 Petitioner/Owner: District 2 M. E.B.A. ; property located at 21.8 SW 9 St. PUBLIC HEARING VA-66-88 - variance requests to allow the construction of an ro- accessory structure: (a) 1.3. 5 ' high (maximum is 121 ) (b) 8. 2 ' east side yard setback (maximum is ).0 ' ) (The P&Z Board recommended approval . ) Ron Spencer stepped forward to explain the variance request to allow the construction of a manufacturing accessory building in the rear portion of the property. He pointed out that they also own the property to the east of this site. .3•Ad Mayor McElyea opened the public hearing. No one spoke in favor or opposition. A petition in opposition signed by 1.9 residents was placed in the record. However, the petition did not give any reasons and no one appeared on behalf of the group. The Mayor then closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to grant parts (a) and (b) of the variance request (VA-66-88 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes i Commissioner Stevens-yes i 4. 3 Petitioner: Keith & Schnars, P.A. ; Owner: Rita W. Shaw; located east of U.S. 1. & north of Dania Cut-off Canal property PUBLIC HEARING - & PL-69-88 - plat approval ordinance (second & final reading) {. The title of an ordinance approving the plat of "The Rita W. Shaw Plat" was read for second and final reading by City Attorney Adler. 1 Marco Ferrier, of Keith & Schnars , representing the applicant, stepped forward to request plat approval . j Regular Commission Meeting 3 September 27, ).988 1 1 _ 17 2 j Mayor McElyea opened the public hearing. Growth Management Director Leeds reported conditions recommended by the P&Z Board . The petitioner stated a willingness to comply. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance (PL-69-88 ) on second and final reading, with the following conditions : a) show water and sewer easements on the plat subject to the satisfaction of the City Engineer; b) specify Griffin Road and Taylor Road dedications clearly on the plat ; c) dedicate local roads if determined to be appropriate by staff ; and d ) bond all appropriate, applicable local improvements prior to final plat signature. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 4 Petitioner: McLaughlin Engineering Co. ; Owner: Richard La Pointe ; property located at the NE corner of Griffin Rd . & I-95 i PUBLIC HEARING - PL-65-88 - plat approval ordinance (second & final reading ) The title of an ordinance approving the plat of "Lapointe Plaza" was read for second and final reading by City Attorney Adler. i Bob McLaughlin stepped forward on behalf of the applicant to explain the perimeter plat approval request. Growth Management Director Leeds reported conditions recommended by the P&Z Board . Mayor McElyea opened the public hearing. Hearing no one speak 1D"' in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance (PL-65-88 ) on second and final reading, with the following conditions : a ) show water and sewer easements on the plat subject to the satisfaction of the City Engineer; b ) applicable access easements if determined to be appropriate by staff ; and c) bond all appropriate, applicable local improvements prior to final plat signature . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Administrative Ordinances (second and final reading) 4. 5 The title of an ordinance annexing to the City of Dania all of Lot 1. and the South 1./2 of Lot 2 less East 1.5 ' of said lots, and all of Lots 6, 7, 8, 9, 1.0, 11., 1.2, 1.3 and 1.4 together with that part of Westlane Road lying between the westerly extensions of the North line of said Lot 9 and South line of said Lot 1.0 and that portion of Midway Road lying West of the East line of said Lot 6 extended northerly of "Palmeador Half Acres No. 2" ( 5400 block 1 of Ravenswood Road ) was read for second and final reading by City Attorney Adler. f� j Mayor McElyea opened the public hearing. Hearing no one speak I in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook-yes ,i Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes Regular Commission Meeting 4 September 27, 1988 iI 4. 6 The title of an ordinance annexing to the City of Dania all of Tracts 5 and 6 of Block 4 in Section 32, Township 50 South , Range 42 East (5400 block of Ravenswood Road ) was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing. Hearing no one speak j in favor or opposition, the Mayor closed the public hearing. i A motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes j Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes i 4. 7 The title of an ordinance adopting the annual Sewer. Fund Budget and making appropriations for the fiscal year beginning October 1, 1.988, and ending September 30, 1989, for the maintenance and carrying on of the Sewer Department of the City of Dania was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . � f A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to adopt the or on second and final reading. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes r Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes ro i 4. 8 The title of an ordinance adopting the annual Water Fund Budget + and making appropriations for the fiscal year beginning October J., J.988, and ending September 30, ).989, for the maintenance and carrying on of the Water Department of the City of Dania was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing. Hearing Vincent .� Carroll ask for information pertaining to water deposits, the Mayor closed the public hearing . A motion was made by Vice Mayor Cook, seconded by Commissioner Stevens to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 9 The title of an ordinance repealing Sec . 31-4 & ) ).-5 of Article I ; repealing all of Article II entitled "Volunteer Department" ; renumbering Sec. l.J.-6 of Article I of Chapter ).J. to Sec. 11.-54 entitled Fire Prevention" ; renumbering Sec. J.J.-41., 11-42, 1.1.-43, 11-44, J.J.-45, 11-46 and 1.1-47 of Article IV of Chapter 1.). to Sections 11-47, 11.-48, 11-49, ).J.-50, 11-51., 11.-52 and 11-53 respectively; amending Sec. 1.J.-34, 11-35, J.1.-36, J.J.-37, 11-38, f J.1-39, J.1-40, 11.-41, 3.1-42, J.J.-43, J.J.-44, 1.1.-45 and 11-46 of i Article III , Chapter J.J., of the Code of ordinances to provide for City of Dania Fire Prevention Code ; to provide for the adoption of N. F. P.A. Codes as contained in the South Florida i Building Code ; to establish a Bureau of Fire Prevention ; to 9 establish a fee schedule for permits, certificates, re-inspections and tests performed under the reuirements of q this code ; and providing for penalties was read for second and L final reading by City Attorney Adler. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Regular Commission Meeting 5 September 27, 1.988 i f 3 1 A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to adopt the ordinance on second and final reading. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. ).0 The title of an ordinance amending Sec. ).3-69 (a) and (b) of Article IV of Chapter ).3 of the 1.980 Code of Ordinances to provide for an increase in the monthly charge for garbage and trash pickups for residential units from $9. 00 to $10. 50 and for small business units from $12. 50 to $1.4. 00, effective as of October, 1988 billing was read for second and final reading by j City Attorney Adler. I I Mayor McElyea opened the public hearing. Hearing Vincent Carroll express complaints about the contractor' s service, and Ino comments in favor or opposition, the Mayor closed the public i hearing . i A motion was made by Commissioner Stevens , seconded by Commissioner Bertino to adopt the ordinance on second and final reading. The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 4. 1). The title of an ordinance amending Subsections (c) , (d) and (e ) of Section 1, Article 4 of Part XII of the City Charter to increase the term of leases as set forth in said subsections from thirty (30 ) years to seventy-five ( 75 ) years and to include "hotels" in the examples of the type of leasehold improvements -r- set forth in said subsection (c) was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing. Hearing many comments in opposition as well as suggestions that the residents should have a say in matters pertaining to leases of city property rather than a 3-vote Commission decision, the Mayor closed the public hearing. A motion was made by Commissioner Stevens , seconded by Commissioner Hirsch to deny the passage of this ordinance . After discussion of the Seafair lease , the motion to deny passed on the following roll call vote : J Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS 6. ). Request by Police Chief Thivener to expend a maximum of $23, 000 from the Law Enforcement Trust Fund to purchase four micro-computers. J A motion was made by Commissioner Hirsch, seconded by Commissioner Stevens to deny the request. The motion to deny passed on the following roll call vote : f iCommissioner Bertino-yes Vice Mayor Cook-yes ii Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes i 4 r�Regular Commission Meeting 6 September 27, 1.988 i I I 6. 2 Adoption of resolution approving the U. S. ]. landscaping agreement with Broward County. (tabled from September 13, J.988) City Manager Flatley recommended the Commission consider agreeing to pay a share of 10% of the cost of the landscape maintenance (matching that of Port Everglades and Hollywood ) instead of the 20% originally proposed in the agreement , to be funded by gas tax money, not ad valorem taxes, and is dependent upon annual appropriation. A motion was made by Commissioner Hirsch to accept the City Manager's recommendation and approve payment of 1.0$ as Dania 's share of funding maintenance of the US-). landscaping. The motion was seconded by Commissioner Stevens for purposes of. discussion. Opposing viewpoints were discussed . One considering it as part of Dania 's downtown redevelopment since 90% of the project falls within the city limits of Dania, and the other feeling that all the local governments in the County will derive benefits by the beautification of the airport and should share the cost. After discussion, the motion to approve failed on the following roll call vote : Commissioner Bertino-no Vice Mayor Cook-no Commissioner Hirsch-yes Mayor McElyea-no Commissioner Stevens-no i 7. SPECIAL REQUESTS 7. 1 Request by Fire Chief Grammer to approve the Medical Director Contract with Dr. Ulin. A motion was made by Commissioner Bertino, seconded by Vice �. Mayor Cook to approve the request to approve the contract effective October Ist . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-yes Commissioner Stevens-yes 8. APPOINTMENTS - none 9. DISCUSSION 9. ). Discussion regarding Broward County Trafficways Plan. Growth Management Director Leeds reported that review of the City's resolution to delete portions of SE 2nd St. , SE 3rd Ave. and SE 3rd St. from the County and City Trafficways Plan by the Broward County Planning Council could take at least nine months, but the Council would review it immediately if the City provides additional justification relative to the impact on the sensitive environmental areas located east of SE 5th Ave. After discussing the City's options, the Commission directed Mr. Leeds to plan a land use change to reduce density to I - 3 units i per acre from the northernmost line of Watermark. 9. 2 Discussion regarding letter from Attorney Bruce Gottlieb requesting reconsideration of RZ-2).-88 and VC-22-88. j A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to reconsider RZ-21-88 and VC-22-88 at the next regular meeting. The motion to reconsider failed on the following roll i call vote : Commissioner Bertino-no Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor McElyea-no Commissioner Stevens-no Regular Commission Meeting 7 September 27, 1988 F7 e r _ 9. 3 Discussion regarding transfer of city assets to B.S.O. City Manager Flatley recommended approval of the transfer of furnishings to B.S.O. , listed and described in a letter of understanding per the B. S. O. contract. A motion was made by Commissioner Bertino, seconded by Commissioner Stevens to approve the transfer of the items to B.S.O. and to authorize execution by appropriate city officials of all necessary documents in connection with the transfer. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-no Commissioner Hirsch-no Mayor McElyea-yes Commissioner Stevens-yes J.O. CITIZENS ' COMMENTS I No verbal or written requests for Citizens ' Comments for this night 's meeting were received. 1.1.. ADMINISTRATIVE REPORTS I).. ). City Manager J,1. 1• ]. Annexation Report i { City Manager Flatley reported on the annexation committee 's meeting of last week which was attended by Rep. Anne MacKenzie, and on progress made to date. l.J.. J., 2 Beach Cleanup ir- City Manager Flatley reported B.S.O. Community Involvement 's plans for a one-time beach and city cleanup to be done by inmates over a two-week period through a community oriented police enforcement program. 11- 1. 3 Swearing In Ceremony City Manager Flatley announced the swearing in ceremony to occur on Friday, September 30, 1988, open to the public. J.J.. 1. 4 Solicitation Permits City Manager Flatley presented City Attorney Adler's legal opinion that no permit is required by the Code of Ordinances or City Charter to circulate petitions within the corporate limits of the City of Dania and that any attempt to restrict the circulation of petitions would be a violation of the First Amendment of the U.S. Constitution. 1.1.. 1. 5 M.B.O. Workshop City Manager Flatley presented an outline of the Management by Objective workshop to be held October 3, f 1.988, in the Civic Center rear conference room, from 7-9 p.m. 11.. 2 City Attorney City Attorney Adler explained that the existing lease renting space on the City ' s water tank for a microwave cable dish was never recorded. He presented a request by Jones Intercable Inc. for a written memorandum, needed for loan purposes , signed by the appropriate city officials, stating that the lease is in effect , acknowledging and agreeing to the terms and conditions of the lease for a period of J.4 years commencing on March 7, J.984, and terminating on March 6, 1998, A motion was made by Commissioner Stevens to approve the request. The motion died for lack of a second. Regular Commission Meeting 8 September 27, 1988 i � i 'I i I City Manager Flatley commented that the cable franchise is one of those that really should be increased by three percent . A motion was then made by Vice Mayor Cook, seconded by Commissioner Hirsch to continue the request for a memorandum and place it on the next Regular Commission Meeting agenda . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor MCElyea-yes Commissioner Stevens-yes j 12. COMMISSION COMMENT 1.2. ). Commissioner Bertino - no comment. d 1.2. 2 Commissioner Hirsch - no comment. j i 1.2. 3 Commissioner Stevens - no comment. j1.2. 4 Vice Mayor Cook deferred her time to Gloria Daly. Gloria Daly complained about the poor condition of the beach and the litter problem in Dania . S 1.2. 5 Mayor McElyea - no comment. This Regular Commission Meeting was then adjourned. M -CO MI ON CITY CL RK-AUDITOR j t i t f I I I � u . i Regular Commission Meeting 9 September 27, 1988 ei Y� r t Ss h a �. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • 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. i DISCLOSURE OF LOCAL OFFICER'S IN TE ST ,hereby disclose that on -<<° � ���t. 19 (a) A r6asirc came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of by whom.I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 9 :L i i i i Date Filed S' ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO pIAKE 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. i SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ' CL FORM �H IILM(, t'allr_ t r � I IF YOU MAKE NO ATTEMPT TO INFLUENCE T4E DECISION EXCEPT BY DISCUSSION AT THE MEETING: • 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 ereby disclose that on C 19��: (a) A mr easure came or will come before my agency which (check one) I —'-inured to my special private gain; or inured to the special gain of by whom,I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Z if C �f Date Filed Sigt c NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO STAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: i INIPEACH\IENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN . SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. i I et rn•.I ex . III-a �I AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 27, 1988 8: 00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS - none 1. CONSENT AGENDA Minutes , 1. 1 August 23, 1988, regular meeting i Resolutions 1. 2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE j APPROPRIATE CITY OFFICIALS TO EXECUTE THE SERVICE AGREEMENT i BETWEEN THE CITY OF DANIA AND MARY C. MC CAUGHEY BLASI ; AND ! PROVIDING FOR AN EFFECTIVE DATE. " i 1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO CORRECT SCRIVENER'S ERRORS IN RESOLUTION NO. 32-88 PASSED AND ADOPTED ON AUGUST 23, 1988; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THE EFFECTIVE DATE OF THIS RESOLUTION i SHALL BE AUGUST 1, 1988. " 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TEMPORARY TRANSFER OF $200, 000 FROM THE WATER FUND TO THE GENERAL FUND; AND PROVIDING FOR REPAYMENT OF SAME; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TEMPORARY TRANSFER OF $97, 000 FROM THE WATER IMPACT CAPITAL FUND TO THE SEWER IMPACT CAPITAL FUND; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CALLING UPON ALL CITIZENS OF THE CITY OF DANIA TO HONOR THE BRAVE MEN AND WOMEN WHO FOUGHT AND DIED DURING WORLD WAR I TO PRESERVE THE FREEDOMS THAT WE ALL ENJOY AND TO JOIN IN THE SOUNDING OF SIRENS, BELLS AND HORNS IN CELEBRATION OF ARMISTICE DAY; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 OF 8 i , 7 CONSENT AGENDA (continued) 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TRANSMISSION OF THE AMENDED COMPREHENSIVE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA AND THE BROWARD COUNTY PLANNING COUNCIL; 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. 8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE POLICE FACILITY LEASE BY AND BETWEEN THE CITY OF DANIA AND NICK NAVARRO AS SHERIFF OF BROWARD COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances (first reading ) 1. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 18-47 ( 6 ) (b ) OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "FINANCES AND FUND MANAGEMENT; ESTABLISHMENT AND OPERATION OF FUND" TO VARY THE RESTRICTIONS PLACED ON THE INVESTMENT OF THE ASSETS OF THE CITY OF DANIA POLICE AND FIREFIGHTERS RETIREMENT SYSTEM IMPOSED BY SECTIONS 175. 071 (1 ) AND 185. 06 ( 1 ) OF THE FLORIDA STATUTES ; PROVIDING FOR A SAVINGS CLAUSE, 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 PROVISIONS FOR AN EFFECTIVE DATE. " 1 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REQUIRING THAT A MANAGER BE PRESENT AT ALL TIMES DURING WHICH A BUSINESS - 4 ESTABLISHMENT IS OPEN FOR BUSINESS WITHIN THE CITY; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; 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. " 1. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE IV, ENTITLED "NOISE" , OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA TO INCREASE THE PENALTIES FOR VIOLATIONS THEREOF ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE _< ni REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1. 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-32 OF ARTICLE II, CHAPTER 13, OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE PAYMENT OF INTEREST ON LIENS ASSESSED UNDER THE PROVISIONS 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. " 2 OF 8 I , I F ` CONSENT AGENDA (continued) 1. 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4-36 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMEND- ING SAID SECTION TO INCLUDE I .T. PARKER COMMUNITY CENTER IN THE EXCEPTIONS THEREIN; 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" 2. PROCLAMATIONS - none 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building s Zoning (second and final reading ) 4. 1 Petitioner - Vincent Cavarra; owner - Joseph Mancusi ; property located at 219 North Federal Highway Public Hearing - VA-70-88 - A variance is requested to allow the construction of a pole sign on a lot in the Downtown Redevelopment District with a 21 ' building setback (minimum of 25 ' required ) i 4. 2 Petitioner/Owner - District 2 M.E.B.A. ; property located at 218 SW i 9 Street Public Hearing - VA-66-88 - The following variances are requested to allow the construction of an accessory structure : a) 13. 5 ' high (maximum is 12 ' ) b) 8. 2 ' east side yard setback (maximum is 10 ' ) 4. 3 Petitioner - Keith & Schnars , P.A. ; owner - Rita W. Shaw; property located east of U.S. 1 & north of Dania Cut-off Canal Public Hearing - PL-69-88 - (second & final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "THE RITA W. SHAW PLAT" , SAME BEING : A PORTION OF THE NE 1/4 OF SECTION 34, AND OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA, BROWARD COUNTY, FL, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SECTION 34 ; THENCE, ALONG THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34 , SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 683. 84 ' TO THE NE CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34 AND TO THE POINT OF BEGINNING; THENCE, ALONG THE EAST LINE OF SAID W 1/2, SOUTH 1 DEGREE 37 MINUTES 41 SECONDS EAST, A DISTANCE OF 1197. 58 ' TO THE NORTH LINE OF DANIA CUT-OFF CANAL, AS RECORDED IN OFFICIAL RECORDS BOOK 13970, PAGE 933 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG SAID NORTH LINE, SOUTH 89 DEGREES 13 MINUTES 13 SECONDS WEST, A DISTANCE OF 681. 84 ' TO THE WEST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34; THENCE, ALONG SAID WEST LINE, NORTH 1 DEGREE 43 MINUTES 5 SECONDS WEST, A DISTANCE OF 279. 69 ' TO THE NORTH LINE OF AN EXISTING 30 ' RIGHT-OF-WAY AS RECORDED IN DEED BOOK 382, PAGE 297 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG SAID NORTH LINE, SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 1260. 32 ' TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. 1 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP NO. 86095-2408; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 19 DEGREES 50 (continued on next page) 3 OF 8 I ` J F7 MINUTES 41 SECONDS EAST, A DISTANCE OF 497. 32 ' ; THENCE; CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 31 DEGREES 18 MINUTES 29 SECONDS EAST, A DISTANCE OF 238. 45 ' ; THENCE, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 36 DEGREES 17 MINUTES 36 SECONDS EAST, A DISTANCE OF 56. 93 ' TO THE SOUTH LINE OF "WYLDWOOD" , AS RECORDED IN PLAT BOOK 21, PAGE 4 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE, ALONG THE SOUTH LINE OF SAID "WYLDWOOD" NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 872. 39 ' TO A LINE 40 ' EAST OF AND PARALLEL WITH THE WEST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34-50-42; THENCE, SOUTH 1 DEGREE 43 MINUTES 5 SECONDS EAST, A DISTANCE OF 149. 79 ' ALONG SAID PARALLEL LINE TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 440 ' ; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9 DEGREES 49 MINUTES 56 SECONDS AND AN ARC LENGTH OF 75. 51 ' TO A POINT OF NON-TANGENCY; THENCE SOUTH 81 DEGREES 53 MINUTES 9 SECONDS EAST (A RADIAL BEARING ) , A DISTANCE OF 80 ' THENCE, NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 322. 83 ' ; THENCE, NORTH 0 DEGREES 14 MINUTES 40 SECONDS WEST, A DISTANCE OF 469. 65 ' TO A POINT ON A LINE 25 ' NORTH OF AND PARALLEL WITH THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34, SAID LINE ALSO BEING THE SOUTH LINE OF "D. D.K. PLAT" , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 131 PAGE 19 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG SAID PARALLEL LINE, NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 316. 46 ' TO THE EAST LINE OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE ALONG SAID EAST LINE, SOUTH 1 DEGREE 57 MINUTES 30 SECONDS EAST, A DISTANCE OF 25. 01 ' TO THE POINT OF BEGINNING . TOGETHER WITH THE W 1/2 OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4, SECTION 34, TOWNSHIP b_ 50 SOUTH, RANGE 42 EAST. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 38. 02 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "THE RITA W. SHAW PLAT" ; 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. " a, t 4. 4 Petitioner - McLaughlin Engineering Co. ; owner - Richard La Pointe; property located at the NE corner of Griffin Road & I-95 Public Hearing - PL-65-88 (second and final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "LAPOINTE PLAZA" , SAME BEING : PORTIONS OF TRACTS 6, 7, 14, 15 AND 16, BLOCK 3, SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST, "MARSHALL EVERGLADES LAND COMPANYS SUBDIVISION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF DADE COUNTY, FL, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 28, THENCE NORTH 1 DEGREE 38 MINUTES 21 SECONDS WEST, ALONG THE WEST LINE OF THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 28, A DISTANCE OF 90. 93 ' TO THE POINT OF BEGINNING ; THENCE NORTHERLY AND EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD THE FOLLOWING FOUR COURSES AND DISTANCES: NORTH 1 DEGREE 38 MINUTES 21 (continued on next page) 4 OF 8 i I I i SECONDS WEST, A DISTANCE OF 28. 12 ' , THENCE NORTH 5b DEGREES 25 MINUTES 47 SECONDS EAST, A DISTANCE OF 31 . 65 ' TO A POINT ON A CURVE, THENCE SOUTHERLY AND EASTERLY, ALONG A CURVE TO THE LEFT, WHOSE TANGENT BEARS SOUTH 33 DEGREES 34 MINUTES 13 SECONDS EAST, WITH A RADIUS OF 66 ' AND A CENTRAL ANGLE OF 59 DEGREES 0 MINUTES 0 SECONDS, AN ARC DISTANCE OF 67. 96 ' TO A POINT OF TANGENCY, THENCE NORTH 87 DEGREES 25 MINUTES 47 SECONDS EAST, A DISTANCE OF 76. 82 ' , THENCE NORTH 3 DEGREES 5 MINUTES 11 SECONDS WEST, A DISTANCE OF 31 . 67 ' TO THE POINT OF TERMINATION OF THE SAID FOUR COURSES AND DISTANCES; THENCE NORTHERLY AND WESTERLY ALONG THE NORTHERLY AND WESTERLY LINES OF "AIRVIEW HOTEL" AS RECORDED IN PLAT BOOK 125 PAGE 16, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, THE FOLLOWING 3 COURSES AND DISTANCES: NORTH 3 DEGREES 5 MINUTES 11 SECONDS WEST, A DISTANCE OF 34. 26 ' ; THENCE SOUTH 89 DEGREES 49 MINUTES 27 SECONDS WEST, A DISTANCE OF 159. 14 ' ; THENCE NORTH 1 DEGREE 38 MINUTES 21 SECONDS WEST, A DISTANCE OF 1560 ' (MORE OR LESS ) TO THE POINT OF TERMINATION OF THE SAID 3 COURSES AND DISTANCES ; THENCE NORTHWESTERLY MEANDERING THE SOUTHERLY BANK OF THE DANIA CUT-OFF CANAL, A DISTANCE OF 505 ' (MORE OR LESS ) ; THENCE SOUTH 14 DEGREES 56 MINUTES 12 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95, A DISTANCE OF 1400 ' (MORE OR LESS ) ; THENCE SOUTH 21 DEGREES 55 MINUTES 38 SECONDS EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95, A DISTANCE OF 441. 55 ' ; THENCE SOUTH 41 DEGREES 3 MINUTES 58 SECONDS EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95, A DISTANCE OF 9. 91 ' TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "LAPOINTE PLAZA" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF ry y RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " Administrative Ordinances (second and final reading ) 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS ALL OF LOT 1 AND THE SOUTH 1/2 OF LOT 2 LESS EAST 15 FEET OF SAID LOTS, AND ALL OF LOTS 6, 7, 8, 9, 10, 11, 12, 13 AND 14 TOGETHER WITH THAT PART OF WESTLANE ROAD LYING BETWEEN THE WESTERLY EXTENSIONS OF THE NORTH LINE OF SAID LOT 9 AND SOUTH LINE OF SAID LOT 10 AND THAT PORTION OF MIDWAY ROAD LYING WEST OF THE EAST LINE OF SAID LOT 6 EXTENDED NORTHERLY OF "PALMEADOR HALF ACRES NO. 21- , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 37, 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. " (5400 block of Ravenswood Road) 5 OF 8 I , J J j -7] PUBLIC HEARINGS (continued) 4. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS ALL OF TRACTS 5 AND 6 OF BLOCK 4 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT OF SECTIONS 28, 29, 31 AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE 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 . " (5400 block of Ravenswood Road) 4. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I 4. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; 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 4 FOR AN EFFECTIVE DATE. " 4. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REPEALING SECTION 11-4 AND 11-5 OF ARTICLE I ; REPEALING ALL OF ARTICLE II ENTITLED "VOLUNTEER DEPARTMENT" ; RENUMBERING SECTION 11-41 , SECTION 11-42, SECTION 11-43, SECTION 11-44, SECTION 11-45, SECTION 11-46 AND SECTION 11-47 OF ARTICLE IV, OF CHAPTER 11 TO SECTIONS 11-47, 11-48, 11-49, 11-50, 11-51, 11-52 AND 11-53 RESPECTIVELY ; AMENDING SECTION 11-34, SECTION 11-35, SECTION 11-36, SECTION 11-37, SECTION 11-38, SECTION 11-39, SECTION 11-40, SECTION 11-41, SECTION 11-42, SECTION 11-43, SECTION 11-44, SECTION 11-45 AND SECTION 11-46 OF ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA; 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, AMENDING SECTION 13-69 (a ) AND (b) OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA TO PROVIDE FOR AN INCREASE IN THE MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS FROM $9. 00 TO $10. 50 AND FOR SMALL BUSINESS UNITS FROM $12. 50 TO $14. 00; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE AS OF THE OCTOBER, 1988 BILLING DATE. " 6 OF 8 I i i 4. 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTIONS (c) , (d ) AND (e ) OF SECTION 1, ARTICLE 4 OF PART XII OF THE CITY CHARTER TO INCREASE THE TERM OF LEASES AS SET FORTH IN SAID SUB- SECTIONS (c) , (d ) AND (e ) FROM THIRTY ( 30 ) YEARS TO SEVENTY-FIVE (75 ) YEARS AND TO INCLUDE "HOTELS" IN THE EXAMPLES OF THE TYPE OF LEASEHOLD IMPROVEMENTS SET FORTH IN SAID SUBSECTION (c ) ; 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 I j 6. EXPENDITURE REQUESTS 6. 1 Request by Police Chief Thivener to expend a maximum of $23, 000 from the Law Enforcement Trust Fund to purchase four micro- computers . 6. 2 Adoption of resolution approving the U.S. 1 landscaping agreement with Broward County. (tabled from September 13, 1988) 7. SPECIAL REQUESTS ' 7. 1 Request by Fire Chief Grammer to approve the Medical Director Contract with Dr. Ulin. 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Discussion regarding Broward County Trafficways Plan . 9. 2 Discussion regarding letter from Attorney Bruce Gottlieb requesting reconsideration of RZ-21-88 and VC-22-88. 9. 3 Discussion regarding transfer of City assets to B.S.O. 10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4: 00 p.m. the second (2nd) and fourth (4th ) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen(s ) or party will be asked to address the City Commission during the meeting. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 1. 1 Annexation Report 11. 1 . 2 Beach Cleanup 11. 1. 3 Swearing In Ceremony 11. 1. 4 Solicitation Permits 11. 1. 5 M.B.O. Workshop 11. 2 City Attorney 7 OF 8 5 "az r , > r 77] 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Stevens 12. 4 Vice Mayor Cook 12. 5 Mayor Mc Elyea ---------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION jWITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A ti VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i 1 i w i i i I i 8 OF 8 1 J a BRvWARD COUNTY PLANNING '-"`OUNCIL 115 SOUTH ANDREW$ AVENUE. ROOM 3.307, FORT LAUDEk. J, FLORIDA. 33301 Telephone (305) 357 -6695 September 27, 1988 Mr. Robert Flatley, City Manager City of Dania 100 West Dania Beach Boulevard Dania, FL 33004 i Dear Mr. Flatley: i Re: Proposed Amendments to the Broward County Trafficways Plan - Southeast 2nd Street, Southeast 3rd Avenue and Southeast 3rd Street 1 regret that neither I nor the Planning Council 's transportation planner will be able to attend the City of Dania 's City Commission meeting this evening. However, based upon our phone conversation, I have formulated responses to the questions which have been raised. The Broward County Metropolitan Planning Organization recently adopted the 2010 Highway Network as Broward County's long-range transportation improvement plan. The widening of Southeast 2nd Street, Southeast 3rd Avenue, and Southeast 3rd Street to four lanes was not identified as a needed improvement in the plan. Consequently, Council staff feels it is unlikely that these roadways will be improved at any time in the fore- seeable future. The Broward County Trafficways Plan is a rights-of-way plan for the ultimate buildout of Broward County, currently projected for approximately the year 2035. During the review of proposed amendments to the Broward County Trafficways Plan, a major consideration is the output of the Broward County Buildout Transportation Model . This model projects traffic volumes on the regional roadway network at buildout based upon the level of develop- ment permitted by the Broward County Land Use Plan and the certified land use plans of the County's municipalities. The most current run of the Buildout Transportation Model shows almost 33,000 cars per day (ultimate condition) on two of the three roadway segments in question. This projection is well above the current capacity of the three roadways, indicating that the rights-of-way for a four lane facility may someday be needed. Planning Council staff bases its recommendations regarding amendments to the Broward County Trafficways Plan in part on the comments of the Trafficways Review Group. The Group consists of representatives of the Broward County Engineering Division, Broward County Traffic Engineering Division, the Broward County Metropolitan Planning Organization, and the Florida Department of Transportation. In making their recommendations, the group relies on the output of the Buildout Transportation Model and other information provided by the local government. J Mr. Robert Flatley September 27, 1988 Page 2 With respect to the trafficways amendments currently under consideration, the Trafficways Review Group, if it is to make a positive recommendation, will need sufficient information documenting that circumstances have changed in the area since the Broward County Trafficways Plan was adopted, and the roadways are no longer needed. For example, the current land use designations within the City of Dania Future Land Use Plan Element may reflect greater densities/intensities than actually exist or local zoning supports. As a result, the City could more accurately reflect existing and planned conditions within its Land Use Plan Element and the associated/ projected traffic volumes would be reduced accordingly. The land use densities/intensities of undeveloped areas may be reduced in a similar manner. As the Buildout Transportation Model is for all of Broward County, a local area study may more accurately depict existing and projected traffic circulation movements in this area. Alternative improvements to parallel corridors could also be addressed by such a study. In summary, while the City of Dania is free to pursue the proposed amendments to the Broward County Trafficways Plan as submitted, failure to document a significant material change in the conditions upon which the Broward County Trafficways Plan is based would in all likelihood result in a negative recommendation from the Trafficways Review Group, Council staff and, ultimately, the Planning Council itself. With respect to the Planning Council 's fee schedule for the proposed amendments, the $500 fee generally applies both during and out of the Planning Council 's Municipal Review period. Once again, I must apologize for not being able to have a member of my staff in attendance at tonight's City Commission meeting; however, I hope this letter satisfactorily answers your concerns. If you have any further questions in this regard, please call me or the Council 's transportation 4, planner, Elizabeth Ledet. Sincerely, Michael D. Wanchick Administrator MDW/jm cc: Mr. Larry Leeds, City Planner L�