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HomeMy WebLinkAbout31288 - MINUTES - City Commission I I MINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 12, 1988 INVOCATION - Reverend Richard Bishop PLEDGE OF ALLEGIANCE ROLL CALL: Present - Vice Mayor: Jean Cook Commissioners : John Bertino Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief : Gilbert Thivener Absent - Mayor: Chester Byrd (ill ) * A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to excuse Mayor Byrd from this meeting due to illness . The motion passed unanimously. PRESENTATIONS: (a) By Broward County Aviation Division for landscaping of new US-1. The Director of Maintenance at the airport introduced the landscape architect who presented his designs for the beautification of US-1 . ** (At this time, 8: 15 p.m. , time for receipt of bids was closed . ) .�."J�. (b) By Police Chief Thivener. Police Chief Thivener presented placques honoring those civilian employees earning Employee of the Month awards. * (At this time, motion passed to excuse Mayor Byrd . ) 1 . CONSENT AGENDA Ordinances (First Reading Only) 1. 3 The title of an ordinance amending the Water Fund Budget for the fiscal year 1987-88 to increase the estimated revenues and appropriations for expenditures from $910, 200 to $941 , 200 was read for first reading by City Attorney Adler. 1. 4 The title of an ordinance amending the Sewer Fund Budget for the fiscal year 1987-88 to increase the estimated revenues and appropriations for expenditures from $1 , 000, 920 to $1 , 230, 070 i was read for first reading by City Attorney Adler. 1. 5 The title of an ordinance amending Section 27-38 (3 ) of Article II of Chapter 27 of the 1980 Code of Ordinances entitled "Rates and Charges for Service" to provide increases in the rates for ' water consumed in excess of stated minimum, effective as of the May, 1988 billing date was read for first reading by City Attorney Adler. 1 1 . 6 The title of an ordinance amending Section 27-108 of Article III of Chapter 27 of the 1980 Code of Ordinances entitled "Rates and Charges for Service" to provide increases in the rates and Regular Commission Meeting 1 April 12, 1988 I i 1 jI charges for sewer service , effective as of the May, 1988 billing date was read for first reading by City Attorney Adler. 1. 7 The title of an ordinance rezoning Lots 12, 13 and 14, Block 3 of "St. James Park North" , less the south 28 ' thereof, from R-M to C-2 zoning classification was read for first reading by City z Attorney Adler. (RZ-20-88 , property located at 45 East Sheridan Street) 1 . 8 The title of an ordinance approving the plat of "Meadowbrook Lakes Phase VII" was read for first reading by City Attorney j Adler. (PL-25-88, property located at SE 2 St. & 5 Ave. ) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda with the exception of item 1 . 2. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes PULLED FROM CONSENT AGENDA: Resolution (removed from Consent Agenda by Commissioner McElyea) 1 . 2 A resolution authorizing the city manager to complete the arrangements with Family Bank of Hallandale for a loan in the amount of $200, 000. 00 at the interest rate of 5. 89% per annum to finance the payment of current obligations of the City of Dania , and authorizing the appropriate city officials to execute all 14 documents necessary to close said loan transaction. Commissioner McElyea made a motion to table this resolution r until after the Commission workshops the midyear budget and audit with the City Manager. The motion was seconded by Commissioner Bertino and passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 2. PROCLAMATIONS 2. 1 Vice Mayor Cook announced the proclamation of "Fair Housing >,�4F Month, " April 1988 . 2. 2 Vice Mayor Cook announced the proclamation of "Week of the Ocean ," April 24-30, 1988. 3. BIDS (8: 15 p.m. ) 3. 1 Receipt of bids for mowing of privately owned empty lots. (Addressed at 8: 15, interrupting the ( ) p g aportion of Presentations. ) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to close the time for receipt of bids. The motion passed unanimously. City Manager Jewell opened and read the sealed bids received from George Whittaker Mowing , $. 0025/sq. ft. ; from EDJ Lawn Service Inc. , $ . 0029/sq.ft . ; and from TCCA Inc. , $. 03/sq.ft. A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to remand the bids to the City Manager for review and recommendation at the next regular meeting of April 1 26, 1988. The motion passed on the following roll call vote : jCommissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS f Building and Zoning 4. 1 Petitioner/Owner: Troy/Neal Architects ; property located at 107 SW 1st Ct. Regular Commission Meeting 2 April 12, 1988 ,I i i PUBLIC HEARING - RZ-12-88 - rezoning ordinance (second & final reading) k The title of an ordinance rezoning Lot 3, Block 26 from RD-6000 to C-2 zoning classification was read �forodello second and final reading by City Attorney Adler. (The P&Z Board recommends approval of this rezoning request. ) James Neal stepped forward to request rezoning and presented a sketch of the intended property use. Vice Mayor Cook opened the public hearing. Hearing Bob Lizana speak in favor, the Vice Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the rezoning ordinance (RZ-12-88 ) on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 2 Petitioner: Consul-Tech Engineers, Inc. ; Owner: J. Hawthorne & J. Harbett; property located on the north side of Stirling Rd. , west of the F. E.C. Railroad . ( 1975 Stirling Road ) PUBLIC HEARING - PL-14-88 - plat approval ordinance (second & final reading ) (continued from 3/22/88 ) The title of an ordinance approving Road/Hawthorne Plat" was read for second pand finaltirling readinng by City Attorney Adler. (The P&Z Board recommends approval with stipulations. Steve Raywall , representing the petitioner, explained the intent to eliminate a 42 ' corridor along the railroad from the Broward County trafficways plan, requested plat approval ect to compliance with the trafficways plan, and alsorequested that the City adopt a resolution asking the Planning Council to review this corridor. i Vice Mayor Cook opened the public hearing. Hearing comments by y Kurt Ely and City Planner, Larry Leeds, regarding the pros and cons of eliminating the corridor or relocating the leg, possibly to Phippen Road, the Vice Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue the second and final reading of this ordinance (PL-14-88) and workshop the plat and trafficways items along with agenda item 1 . 2. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes Administrative Ordinances (second and final reading ) 4. 3 The title of an ordinance amending Chapter 3, Article II of the Code of Ordinances by adding Section 3 . 39 to be entitled "Signs in the Downtown Dania Redevelopment District" was read for second and final reading by City Attorney Adler. j Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Vice Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to adopt the ordinance on second and final reading. The motion passed on the following roll call vote : I Regular Commission Meeting 3 April 12, 1988 L� �z a F71 I ( Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 4 The title of an ordinance relating to and creating the "Downtown Redevelopment Agency" was read for second and final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Vice Mayor closed the public I hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to adopt the ordinance on second and final reading. After discussion of the boundaries , the motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 5 The title of an ordinance amending Chapter 28 of the Code of Ordinances , adopted by Ordinance No. 100, by adding Article 17 entitled "Downtown Dania Redevelopment District" creating an overlay district generally located in the vicinity of Federal Highway south of Griffin Road and north of Stirling Road, providing specific boundaries , providing for application for permits , and providing for adoption of the Main Street commercial renovation design guidelines was read for second and .14 final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing . Hearing no one speak �,.. in favor or opposition, the Vice Mayor closed the public hearing . A motion was made by Commissioner Hirsch, 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 Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 4. 6 The title of an ordinance amending Article IV, Chapter 13 of the 1980 Code by adding Section 13-72 to provide for an award for y information leading to the apprehension of anyone illegally dumping tires within the City of Dania was read for second and final reading by City Attorney Adler. Vice Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Vice Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : i i Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes i 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner: Harbour Towne Marina ; property located at 801 r NE 3 Street (continued from 3/22/88 ) f y SP-16-88 - A site plan approval is requested for a bait shop. f 1 ( P&Z Board recommends approval of this site plan . ) i John Day stepped forward and explained that he and his partner, Midwest Bridge Corporation of Michigan, signed a lease about six jmonths ago with Marine Conversions to build and develop a marine 1 center in Harbour Towne Marina. He described plans for a full Jill service marine facility, explained that legal problems have so far held up the project and requested approval of the site plan. Regular Commission Meeting 4 April 12, 1988 i f City Manager Jewell explained the new owner's intended change in i plans , electing to renovate the existing Tugboat Annie 's instead of building a new restaurant and build a marine related retail store where the new Tugboat Annie 's was originally to be located. Regarding anticipated revenue, City Manager Jewell reported that it is understood that the city 's percentage is based on gross , not rent paid. With regard to the civic center, City Manager Jewell noted that a workshop will be set soon for Mr. Forman to meet with the Commission and turn the civic center over to the City. A motion was made by Commissioner Hirsch to workshop this item along with items 1 . 2 and 4. 2 and to schedule a Special Meeting following the workshop for possible action on this item. The motion was seconded by Commissioner McElyea and passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 5. 2 Petitioner/owner: Mobil Oil Corp. ; property located at 1 South Federal Hwy. SP-17-88 - A site plan approval is requested for an existing service station to install new pump islands and canopy. (P&Z Board recommends approval of this site plan. ) Robert Cohen, of Heller-Weaver and Cato Inc. , the engineering 1 k and planning firm representing Mobil oil Corp. , stepped forward to describe plans to renovate the existing service station and requested site plan approval . ,r A proposed new landscape plan was also discussed . Asked if the 3 ' landscape strip along Federal Highway could be increased to 6' in the central area, Mr. Cohen said he saw no problem with increasing the 5 ' green area along Dania Beach Boulevard to 10 ' , but that he would need to review the Federal Highway situation with regard to stacking to be sure it would not create a traffic problem. i A motion was made by Commissioner Bertino, seconded by i Commissioner Hirsch to approve the site plan (SP-17-88) contingent upon increased landscape to the satisfaction of City I Planner Leeds . The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 5. 3 Petitioner/Owner: Francine Solomon ; property located at 504 NW 5th Ave. and Griffin Rd . SP-31-88 - A site plan approval is requested for an addition to an existing office distribution building. ( P&Z Board recommends approval of this site plan. ) Francine Solomon stepped forward to present the site plan for approval . A motion was made by Commissioner Hirsch , seconded by Commissioner Bertino to approve the site plan (SP-31-88 ) . The motion passed on the following roll call vote : t j Commissioner Bertino-yes Commissioner McElyea-yes ICommissioner Hirsch-yes Vice Mayor Cook-yes 1 1 6. EXPENDITURE REQUESTS - none Regular Commission Meeting 5 April 12, 1988 i 7. SPECIAL REQUESTS 7. 1 Request by Kodner Galleries , Inc. located at 714 South Federal Highway for a one ( 1 ) year auction license . � r Joseph Geller, attorney representing the petitioner, explained that the agenda may be misleading in that Sheila Gross is the applicant seeking the auctioneer's license as indicated on the application. He noted that Mrs. Gross , who has previously held a license with the city, is the President and sole stockholder of Kodner Galleries Inc. , the corporation which owns the building . During discussion, it was pointed out that Mrs . Gross is applying for the license personally and that the background investigation report has not yet been received . A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to deny the request for auctioneer's license. Receiving Vice Mayor Cook 's permission to comment, Mr. Geller offered to defer the application to the next Commission meeting to allow time for receipt of the background report. The motion to deny stood and passed on the following roll call vote : Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 7. 2 Request to file application, to waive replatting requirement and to vacate the alley lying between SE 3 Court & 3 Lane running from SE 7 Street to 10 St. Upon receiving permission to speak by Vice Mayor Cook, Mr. Nastasi , residing at 704 SE 3rd Lane, commented that he was the first one to have a home built on that street and that he was assured by the builder of his home that the alleyway would be put in behind SE 3rd Lane and , speaking for himself and other homeowners in the area, objected to vacation of the alley. City Attorney Adler explained that if permission to file the application is granted, two public hearings would still be held. City Manager Jewell reported that the request to file application for vacation of the alley was a class petition and that the alleyway has been a controversial topic for some time. Commissioner McElyea expressed the opinion that the alleyway is needed in the interests of safety. i A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to deny the request to file application for vacation. Commissioner Hirsch commented with respect to the rights of the parties seeking vacation. Vice Mayor Cook announced that, although she does not have a financial interest in this, due to the fact that her company has sold some lots in the area, she will abstain from voting on this matter. The motion to deny passed on the following roll call vote: i Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-no Vice Mayor Cook-abstain 7. 3 Request approval of 14th year Community Development Block Grant Project applications for period 10/2/88 thru 9/30/89. Project Coordinator, Michael Smith , requested approval of submission of three proposals prioritized in the following order: 1 ) Project IMPAC , 4th year grant funds requested $500, 000; 2 ) West Dania Beach Blvd . improvements from NW 3rd Ave. to Bryan Rd. , initial grant funds requested $500, 000; and i a 3 ) Crystal Lakes One Stop Social Services Center operation assistance, 3rd year funds requested $50, 000. j A motion was made by Commissioner Bertino, seconded by i Commissioner Hirsch to grant approval of the three projects to be submitted for County review. The motion passed on the j Regular Commission Meeting 6 April 12, 1988 <.r. following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes ` Commissioner Hirsch-yes Vice Mayor Cook-yes i ADDENDUM ITEM: SPECIAL REQUEST 7. 4 Request to rename "Collins Park Subdivision" to "Chester A. Byrd Subdivision . " Commissioner Hirsch Commissioner Hirsch suggested that the new park being constructed on Ely Blvd. between SW loth & llth St . be named "Chester A. Byrd Park" and made a motion, seconded by Commissioner McElyea to instruct City Attorney Adler to prepare a proper resolution naming the park "Chester A. Byrd Park. " The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Hirsch-yes Vice Mayor Cook-yes 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Discussion of Michael Thomas dredging situation; Kathy Kelly. Commissioner Hirsch, his fellow commissioners concurring , instructed City Manager Jewell to ask Joe Hardin, of EQCB, to appear before the Dania City Commission. Kathy Kelly asked for a report on what steps have been taken "A with M.L. Thomas Inc. and the Big Chief Dredging Co. or any other parties responsible for the operation of the dredging of j Bryan Rd . Lake and what has been done by the City Commissioners, City Attorney, City Manager and Staff. Mrs. Kelly said she and Commissioner McElyea attended the April lst EQCB hearing, and she related comments made by Mr. Hardin with regard to the city 's lack of action . Mrs . Kelly asked the city commissioners to have the dredging halted . City Manager Jewell reported that Joe Hardin extended the permit to August 30th and that Mr. Hardin has in his possession a letter signed by Michael Thomas that the dredge would be removed by August 30th. City Attorney Adler expressed the desire to have Mr. Hardin appear in person and clarify some of the statements made and also explain why he extended the permit. After discussing incidences of misinformation received by the city officials , Commissioner Bertino asked the City Attorney for an opinion on making a cease and desist motion . City Attorney Adler advised that the Commission could instruct him to file an action for an injunction and then the decision would be up to the courts. In response to Vice Mayor Cook 's question of whether this route could drag out past August 30th, City Attorney Adler said it certainly would . Al Spies expressed confusion as to why the license issued by the Broward County EQCB permitting work on the east portion of 7 1 acres of the 15 acre lake was never revoked due to the fact that they have been on the west portion for the past year and a half. Commissioner McElyea reported that Mr. Hardin said he was going i to do an on-site evaluation and that he would notify the Commissioner before going out so that Commissioner McElyea could accompany him, but so Ear no call has been received . 10. CITI2ENS ' COMMENTS `•t. 1 No verbal or written requests for Citizens ' Comments for this night 's I meeting were received. rJ j Regular Commission Meeting 7 April 12, 1988 i 1 1 'i 11. ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell scheduled the workshop with the Commission on Tuesday, April 19th, at 4:00 p.m. t City Manager Jewell reported that the Howard Johnson project on 1 Taylor Road is ready to pull building permits . I 11. 2 City Attorney reported that the amendment to the Code Enforcement Board ordinance providing for more expeditious hearings has been prepared and will be distributed for Commission review shortly. 12. COMMISSION COMMENT 12. 1 Commissioner Bertino commented that the beach chickees still need to be redone. i Commissioner Bertino wished his father a Happy 81st Birthday. 12. 2 Commissioner Hirsch reminded City Attorney Adler about several j ordinances previously discussed . ! Commissioner Hirsch asked City Manager Jewell to advise him of } Joe Hardin 's response to his invitation to appear before the Commission. i 12. 3 Commissioner McElyea complimented Wanda Mullikin, Acting City Manager, on the letter she wrote to the County referencing the streetlights along Stirling Rd . 12.4 Vice Mayor Cook commented on the practice in Texas and some other states where different civic organizations adopt a certain ro area of a city and see that the area is maintained. She suggested that City Manager Jewell look into the possibility of starting an "adopt a block" program in Dania. 12. 5 Mayor Byrd - absent. This Regular Commission Meeting was then adjourned . i I U E MAYOR-COMMISSIONER i d CITY CLERK-AUDITOR j i r . •. Regular Commission Meeting 8 April 12, 1988 � ; a YL \ 1�ti� FORM 8B EMORANDUM OF VOTING CO . IICT FOR COUNTY, MWACIPAL, AND OTHER LOCAL PUBLiC OFFICERS LAST NAME—PI HSi NAM+—AtIDUI.E NAME ! NAM 'OP BOARD,COUNC'1 L,COMMISSI N�AUTHORITY,OR COMMITTEE A7AILIN(//:1UUHCSS� THE HOARD, COUNCIL,C'OM ION, AU rHOR1TY, OR COMMII EE'ON `C f'l/ �,�`.' �i WHICH I SERVE IS A UNIT (- (ITDw }i(`IlY : . ('OUNTY OTHEH LOCAL AGENCY C'(H1N'rl' i ^ 7Z, NAME OF POLITIC'AI. SU HUIVISION: ¢ n DATE ON w'HK H.VOIT O('CUHHEU f M11Y POSITION IS ELECTIVE APPOINTIVE 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. j 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 i before completing the reverse side and filing the form. 1 I f Fspeo STRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES S: ive county, municipal, of other local public Office MUST ABSTAIN from voting On a measure which inures ain. 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 "J WITHIN 15 DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person res the minutes of the meeting, who should incorporate the form in the minutes. ponsible for recording APPOINTED OFFICERS: j 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. I i 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 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 i 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 10 consideration of the matter in which you have a conflict of interest. I (11(IN\I XII IIIXh I SS _........___ ..... PACE 1 F v � . F.7 , AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 12, 1988 8:00 P.M. i i INVOCATION - Reverend Richard Bishop PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS - (a) By Broward County Aviation Division for landscaping of new US 1 (b) By Police Chief Thivener 1. CONSENT AGENDA Resolutions 1. 2 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO COMPLETE THE ARRANGEMENTS WITH FAMILY BANK OF HALLANDALE FOR A LOAN IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ( $200,000. 00 ) AT THE INTEREST RATE OF ( 5. 89% ) PER ANNUM TO FINANCE THE PAYMENT OF CURRENT OBLIGATIONS OF THE CITY OF DANIA, FLORIDA, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS NECESSARY TO CLOSE SAID LOAN TRANSACTION; 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. " Ordinances (First reading only) 1. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1987-88 BY CHANGING THE WATER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1987-88 TO INCREASE SAID WATER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $910, 200. 00 TO $941, 200. 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 FOR AN EFFECTIVE DATE. " i 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1987-88 BY CHANGING THE SEWER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1987-88 TO INCREASE SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $1, 000,920. 00 TO $1 ,230 , 070. 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 FOR AN EFFECTIVE DATE. " 1 OF 6 J ` I'� 1 1. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-38 (3 ) OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR SERVICE" TO PROVIDE INCREASES IN THE RATES FOR WATER CONSUMED IN EXCESS OF STATED MINIMUM; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; 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 MAY, 1988 BILLING DATE. " 1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-108 OF ARTICLE III OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCESS OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR SERVICE" TO PROVIDE INCREASES IN THE RATES AND CHARGES FOR SEWER SERVICE; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; 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 MAY, 1988 BILLING DATE. " 1. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 12, 13 AND 14, BLOCK 3 OF "ST. JAMES PARK NORTH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THEREFROM THE SOUTH 28 FEET FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFI- CATION OF R-M TO C-2 ZONING CLASSIFICATION UNDER THE PROVI- SIONS 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. " (property located at 45 East Sheridan Street) 2 OF 6 f ,ryry 4f 4 1 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "MEADOWBROOK LAKES PHASE VII, SAME BEING: THE E 1/2 OF j THE SE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 5. 18 ACRES, MORE OR LESS ; SUBJECT TO A PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE SOUTH 25 FEET AND THE EAST 35 FEET THEREOF; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, SHOWN ON SAID PLAT OF "MEADOWBROOK LAKES PHASE VII" ; 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. " (property located at SE 2 Street & 5 Avenue) 2. PROCLAMATIONS 2. 1 Fair Housing Month - April 1988 2. 2 Week of the Ocean - April 24-30, 1988 3. BIDS (8:15 P.M. ) 3 . 1 Receipt of bids for mowing of privately owned empty lots. 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS �- Building & Zoning 4. 1 Petitioner/Owner - Troy/Neal Architects ; Property located at 107 SW First Court Public Hearing - RZ-12-88 (second & final reading of ordinance) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOT 3, BLOCK 26, "MODELLO" AS RECORDED IN PLAT BOOK B, PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RD-6000 TO C-2 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. " (The Planning & Zoning Board recommends approval of this rezoning request) 3 OF 6 1 1 4. 2 Petitioner - Consul-Tech Engineers, Inc. ; Owner - J. Hawthorne & J. Harbett; property located on the north side of Stirling Road, west of the F. E.C. Railroad . (continued from 3/22/88) Public Hearing - PL-14-88 (second & final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT SW 1/4OF IOFING THERSEDI/4WOFORNE THE SWA1/4 OFME BEING:SECTION 34HATOWNSHIPT PART F50HE i SOUTH, RANGE 42 EAST LYING WEST OF THE F. E.C. RAILROAD IN BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF SAID SECTION 34; THENCE NORTH 87 DEGREES 52 MINUTES 7 SECONDS EAST, ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34, A DISTANCE OF 1349. 45 FEET TO E OF SEPO1/4TOFFTHETSWSI/4ION WITH THE OF SAID SECTIONT34INTHE H E sw NCENORTH 1 14 DEGRE OF E 13 MINUTES 8 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 56. 15 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 1 DEGREE 13 MINUTES 8 SECONDS WEST, ALONG SAID WEST LINE, A DIS- TANCE OF 623. 75 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 7 SECONDS EAST, A DISTANCE OF 286. 97 FEET TO A POINT OF INTER- SECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE F.E.C. RAILWAY (AS DESCRIBED IN O. R. 3225, PG. 820 ) ; THENCE SOUTH 12 DEGREES 58 MINUTES 45 SECONDS WEST, ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 627 . 14 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2814. 79 FEET, A RADIAL TO SAID POINT BEARS SOUTH 9 DEGREES, 57 MINUTES 56 SECONDS EAST; THENCE WESTERLY ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 2 DEGREES 43 MINUTES 58 SECONDS, AN ARC DISTANCE OF 134. 26 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATES, LYING AND BEING IN THE CITY OF DANIA, COUNTY OF BROWARD, STATE OF FLORIDA AND CONTAINING 2. 955 ACRES, MORE OR LESS; AND y ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "STIRLING ROAD/HAWTHORNE 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. " (The Planning & Zoning Board recommends approval with stipulations) .�.a Administrative Ordinances (second & final readings) 4. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 3, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BY ADDING SECTION 3. 39 TO BE ENTITLED SIGNS IN THE DOWNTOWN DANIA REDEVELOPMENT DISTRICT" ; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALI. RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4OF 6 L� i� 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO AND CREATING THE "DOWNTOWN REDEVELOPMENT AGENCY" ; PROVIDING FOR APPOINTMENT OF THE MEMBERS ; PROVIDING FOR THE EXERCISE OF CERTAIN POWERS; PROVIDING THAT ALL OTHER POWERS CONTINUE TO VEST IN THE CITY COMMISSION ; PROVIDING FOR THE DEVELOPMENT PLANS; PROVIDING FOR THE DEVELOPMENT AND APPROVAL OF REDEVELOPMENT PLANS ; PROVIDING FOR THE CREATION AND FUNDING OF THE REDEVELOP- MENT TRUST FUND; PROVIDING THAT PROPERTY OF THE AGENCY BE EXEMPT FROM TAXES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; CONFLICT H „ AND PROVIDING FOR AN EFFECTIVE DATE. 4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, ADOPTED BY ORDINANCE NO. 100, BY ADDING ARTICLE 17, ENTITLED: "DOWNTOWN DANIA REDEVELOPMENT DISTRICT" ; BY CREATING AN OVERLAY DISTRICT CALLED "DOWNTOWN DANIA REDEVELOPMENT DISTRICT" GENERALLY LOCATED IN THE VICINITY OF FEDERAL HIGHWAY SOUTH OF GRIFFIN ROAD AND NORTH OF STIRLING ROAD; PROVIDING SPECIFIC BOUNDARIES ; PROVIDING FOR APPLICATION FOR PERMITS; PROVIDING FOR ADOPTION OF THE MAIN STREET COMMERCIAL RENOVATION DESIGN GUIDELINES; PROVIDING FOR SEVERABILITY; 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. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ARTICLE IV, CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING SECTION 13-72 TO PROVIDE FOR AN AWARD FOR INFORMATION LEADING TO THE APPREHENSION OF ANYONE ILLEGALLY DUMPING TIRES WITHIN THE CITY OF DANIA; AND PROVIDING THAT ALL Ij{ ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF I SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " f 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - Harbour Towne Marina ; property located at 801 1 NE 3 Street (continued from 3/22/88) SP-16-88 - A site plan approval is requested for a bait shop. (P 8 Z Board recommends approval of this site plan) ' v . 5. 2 Petitioner/Owner - Mobil Oil Corporation; property located at 1 6 South Federal Highway I is requested for an existing SP-17-88 - A site plan approval service station to install new pump islands and canopy. (P e Z Board recommends approval of this site plan) i fI I I I 5 OF 6 I � t� SITE PLAN REQUESTS (Continued. . . . ) i 5. 3 Petitioner/Owner - Francine Solomon; property located at 504 NW 5th Avenue and Griffin Road I SP-31-88 - A site plan approval for an addition to an existing I office distribution building. I (P & Z Board recommends approval of this site plan) 6. EXPENDITURE REQUESTS - none i 7. SPECIAL REQUESTS ries, Inc . located at 714 South Federal 7. 1 Request by Kodner Galle j Highway for a one ( 1 ) year auction license . 7. 2 Request to file application, to waive replatting requirement and to vacate the alley lying between SE 3 Court & 3 Lane running from SE 7 Street to 10 St. 7. 3 Request approval of 14th year Community Development Block Grant Project applications for period 10/2/88 thru 9/30/88. 8. APPOINTMENTS - none 9. DISCUSSION 9. 1 Discussion of Michael Thomas dredging situation; Kathy Kelly. 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 I to address the City Commission during the meeting. 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney i 12. COMMISSION COMMENTS f 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch I 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12. 5 Mayor Byrd ----------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I 6 OF 6 J r ` li II r 1� ADDENDUM DANIA CITY COMMISSION 1 REGULAR MEETING APRIL 12, 1988 8:00 P.M. j 7. SPECIAL REQUESTS 7. 4 Request to rename "Collins Park Subdivision" to "Chester A. Byrd Subdivision" . Commissioner Hirsch f I 1 1 I 1 i I I I LL 1 i I I sr c