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Home My WebLink About31325 - MINUTES - City Commission j i MINUTES 1 DANIA CITY COMMISSION WORKSHOP MEETING MAY 12, 1987 Present : Mayor : Chester A. Byrd Vice Mayor : Jean Cook Commissioners : John Bertino (late ) F Howard Hirsch Charles McElyea City Attorney : Frank Adler City Manager : Eugene Jewell 1 City Clerk : Wanda Mullikin 1 s I f i 1 . Discussion regarding the position of Public Works Director . It was determined that the Commission had already agreed that the Public Works Director position will head the public works department as well as utilities . It was generally agreed that each commissioner will take the 7 applicants, add any if so desired, and rate them . Commissioner McElyea and Vice Mayor Cook , planning to add to the list of candidates, said they would get those resumes to the City Manager post haste to allow time for evaluation . It was decided that the rated list of candidates should be turned ! in to the City Manager by May 19th and then interviews will be set `►, up for the top 3 candidates . 2 . Update on airport . City Attorney Adler reported that Earl G. Gallop, the Attorney hired by the city with regard to the airport expansion, has requested the assistance of two former FAA employees, one a design engineer specializing in airport design , and the other specializing in noise and environmental studies . The estimated cost of hiring these two men to assist Mr . Gallop in reviewing the County ' s plan is 100-120 hours (combined time ) at $100 each per hour . City Attorney Adler pointed out that Mr. Gallop ' s fee is $175 per hour . Mayor Byrd commented on being favorably impressed by these two men and said he felt sure that the city would benefit greatly from their expertise if the money could be found to engage them. City Manager Jewell reported that it is not a budgeted item . Commissioner Hirsch commented that the city could not afford it . Commissioner Bertino commented that he felt the city could not afford not to do everything in its power to give Mr. Gallop the tools he feels are necessary, and expressed his opinion that the Commission should charge the City Manager with finding the money . Commissioner Hirsch suggested that perhaps esydging just one of the two consultants would suffice . Vice M:,yor Cook suggested that a fee reduction might be in order based an the help of the Airport Advisory Committee in the gathering of information . Bob Mikes, Chairman of the Airport Advisory Committee, commented on his meeting in Washington with the FAA . He recommended the hiring of the two consultants requested by Mr . Gallop, expressing the opinion that this airport thing will probably end up in court and these two would be outstanding expert witnesses . The Commissioners asked that a meeting be set up with Mr . Gallop , to discuss the backgrounds and qualifications of the two men recommended . City Manager Jewell said he would agenda that as soon as possible . Mayor Byrd suggested that the Airport Advisory fl Committee also be notified of that meeting . Workshop Meeting 1 May 12, 1987 1 i 3 . Discussion regarding engagement letter from Touche, Ross for 1987 I audit . City Manager Jewell explained that last year Touche Ross was i engaged to do the city ' s audit at a fee of $ 17 , 000 and that this year ' s proposal called for a fee of $19, 500, which is a $2500 or 14.7% increase . He said a representative of Touche Ross was in attendance at the Commission ' s request . PStan Brooks presented justification for the $2500 increase, describing two misconceptions when quoting last year ' s fee and unforeseen additional costs . Mr . Brooks said the firm will continue to provide the City with j management assistance in preparing the City ' s financial statements for purposes of obtaining the Certificate of Achievement . In response to a question by Commissioner Hirsch regarding the consideration of a three year contract, Mr . Brooks said he would j be agreeable to negotiating a contract based upon a service sector CPI increase over the additional two years . I City Manager Jewell was asked to agenda the audit proposal of Touche Ross on the next regular meeting . Mr. Brooks requested that it be placed early on the agenda . Commissioner Hirsch suggested that the Touche Ross representatives meet with the City Manager before that meeting to discuss the possible three year contract . At this time, Mr . Carroll complained that the public was not informed °-6, of this workshop meeting . City Manager Jewell responded that the workshop agenda was prepared last week and the media was notified no later than Thursday afternoon and at the same time the agenda was f prepared, a copy of it was placed on the front door of City Hall . He did acknowledge the possibility that the notice may have been removed from the front door by someone since that time, but noted that copies of the agendas were available at the administration center ' s front i desk . This Workshop meeting was then adjourned . B,asF` i MAY R-C MMIS I NER CI�IY CLERK-AUDIFUR a i i i i t I 1 j a i i , J Workshop Meeting 2 May 12, 1987 ? -` -- . 9 , r 7'ry y I t AGENDA DANIA CITY COMMISSION WORKSHOP MEETING MAY 12, 1987 7:00 P.M. 1 . Discussion regarding the position of Public Works Director. 2. Update on airport. 3. Discussion regarding engagement letter from Touche, Ross for 1987 audit . 1 i i l I j t i 1 f i if y 2k i a' �ftk y �s t thrW Se�}3". 1 MINUTES DANIA CITY COMMISSION REGULAR MEETING MAY 12, 1987 INVOCATION - Jean Cook PLEDGE OF ALLEGIANCE ROLL CALL : Present - Mayor : Chester Byrd 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 - Building Official : Paul Maxwell ( I11 ) PRESENTATIONS : Certificates of Appreciation by Dania Improvement Committee . Mayor Byrd announced the presentation is to be continued until the next regular meeting of May 26, 1987 . 1 . CONSENT AGENDA ,. Bills 1 . 1 March 1987 r Ordinances ( first reading ) 1 . 2 RZ-38-84 - Rezoning request - Petitioner/Owner - Pag Bros, Builders ; property located on the south side of West Dania Beach Boulevard, between SW 11 Ave . and the C-10 Canal . The title of an ordinance rezoning the W 1/2 of the NW 1/4 of the SW 1/4 of the SW 1/4 of 34-50S-42E ; and the NE 1/4 of the SE 1/4 of the SE 1/4 of Section 33 ; and the E 1/2 of the NW 1/4 of the SE 1/4 of the SE 1/4 of 33-50S-42E, less canal right-of-way, from R-M to IG zoning classification was read for first reading by City Attorney Adler . 1 . 3 RZ-23-87 - Rezoning request - Petitioner: Clarke Walden ; Owner: Caribank ; property located at 245-247 NE 1 Terrace . The title of an ordinance rezoning Lots 1 and 2, Block 2, "Dania Country Club Estates" from RD-6000 to C-1 zoning classification was read for first reading by City Attorney Adler . i ADDENDUM ITEM: 1 .4 The title of an ordinance annexing to the City of Dania certain properties described as all of Ravenswood Commerce Center, I according to the plat thereof as recorded in Plat Book 129, page 45 of the Public Records of Broward County, Florida, was read for first reading by City Attorney Adler . i A motion was made by Commissioner Bertino, seconded by Vice Mayor � Cook to approve the consent agenda . The motion passed on the i following roll call vote : i Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes L 2. PROCLAMATIONS - none Regular Commission Meeting 1 May 12, 1987 i I .I } i J. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS 1 I Building & Zoning 4. 1 Petitioner/Owner: John Bartley ; property located at SW 1 St . & SW 8 Ave . ( 2 .28+ acres ) PUBLIC HEARING - LU-20-87 - Land Use Plan Amendment Ordinance ( first reading ) The title of an ordinance amending the city ' s certified land use plan from low medium ( 10) residential to medium ( 16 ) residential on a parcel of land located in 34-50S-42E, legally described as Block 2, less the N 253.61 ' thereof, of "Henry Park " , together with the E 1/2 of vacated SW 11 Avenue adjacent thereto was read for first reading by City Attorney Adler . John Bartley stepped forward to request amendment to the city ' s land use plan from 10 to 16 units per acre to conform to the surrounding area . Mayor Byrd opened the public hearing . Hearing Juanita Knowles Austin comment that she lives right across the street from this property and was not notified, the Mayor closed the public hearing . City Attorney Adler advised that an ordinance to amend the land use plan requires two advertised public hearings . ! A motion was made by Vice Mayor Cook, seconded by Commissioner McElyea to continue the first reading of the ordinance ( LU-20-87 ) until the next regular meeting of May 26, 1987, to �. allow time for proper notification to property owners . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 2 The title of an ordinance amending the 1986-87 Sewer Fund Budget to increase estimated revenues and appropriations for expenditures from the total of $890, 100 to $906, 100 was read for second and final reading by City Attorney Adler. Mayor Byrd opened the y y p public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance amending the 86-87 Sewer Fund Budget 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 Byrd-yes Commissioner McElyea-yes 4 .3 The title of an ordinance amending the 1986-87 Water Fund Budget to decrease estimated revenues and appropriations for expenditures from the total of $909, 200 to $872, 700 was read for second and final reading by City Attorney Adler . i Mayor Byrd opened the public hearing . Hearing no one speak in { favor or opposition , the Mayor closed the public hearing . A motion was made by Vice Mayor Cook, seconded by Commissioner Hirsch to adopt the ordinance amending the 86-87 Water Fund Budget 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 Byrd-ves Commissioner McElyea -yes Regular Commission Meeting 2 May 12, 1987 r I j i 5. SITE PLAN REQUESTS 5. 1 Petitioner: Brooks & Associates ; Owner: Michael Thomas ; property ! located at Bryan Rd . & NW 2nd St . SP-18-87 - Site Plan ap proval is requested for office � development in a C-2 commercial zoning district . (continued from 4/28/87 ) r Mayor Byrd commented that the EQCB report is not in as yet . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue this item (SP-18-87 ) until the next Regular Commission Meeting of May 26, 1987 . The motion passed unanimously . 6. EXPENDITURE REQUESTS I 6 . 1 Request approval of bill for professional services rendered regarding airport expansion . City Manager Jewell presented an invoice in the amount of $3, 288. 23 received from Earl G. Gallop, Attorney, and requested authorization to pay the bill . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to approve and authorize payment of the bill in the amount of $3, 288.23. The motion passed unanimously. Commissioner Bertino suggested that a Special Meeting be scheduled to take action on the hiring of two professional people with regard to airport expansion studies. ! Mayor Byrd suggested that the action on the hiring of a public works director also be placed on that Special Meeting agenda . i F r 7 . SPECIAL REQUESTS 7 . 1 Request by Boy Scout Troop 127 for financial assistance . I Appearance : Phil Johnson Phil Johnson , Public Relations Police Sergeant for the City of ! Dania and sponsor coordinator for Boy Scout Troop 127 which is sponsored by the City of Dania, requested financial assistance to send two boys, Jeff Williams and Bill Devlon , to Philmont Scout Ranch in Cimmaron, New Mexico . The cost is $675. 00 per boy. Commissioner McElyea, a former member of Troop 127, noted the city ' s position regarding donations of city funds, and personally pledged $200 ( $100 each scout ) toward the cause . Individual pledges were then made by Commissioner Hirsch, John Bartley, Vice Mayor Cook, City Attorney Adler, Pag, Flowers by Michael , Mrs . Morse and Kathy Lynch. The total amount of pledged donations exceeded the requested $1350. 00. Commissioner McElyea volunteered to handle the collections and turn the money over to Troop 127 for the two scouts . Sgt . Johnson expressed appreciation and thanks to the Commission and citizens . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to remove the item from the agenda . The motion passed unanimously . 7 . 2 Request by Kodner Galleries, Inc . to allow an antique auction at { 71 North Federal Highway . i No representative of Kodner Galleries being present, City Manager Jewell was asked for a recommendation . City Manager Jewell reported the application is incomplete and, after discussion with the building department, Staff recommends denial . J Regular Commission Meeting 3 May 12, 1987 ! I 1 A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to deny the request for an antique auction by Kodner Galleries, Inc . Commissioner Hirsch announced he will abstain from voting due to financial interest in the property . The motion to deny passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-abstain Mayor Byrd-yes Commissioner McElyea-yes 7 .3 Request for funding by Area Agency on Aging of Broward County . j No representative of Area Agency on Aging being present , City Manager Jewell explained that the fair share requested from Dania is $5, 731 . i A motion was made by Commissioner Hirsch to approve the request for funding . The motion died for lack of a second . Commissioner Bertino commended the Agency ' s work but called to mind the city ' s position regarding donations . Expressing regrets, a motion was then made by Commissioner Bertino, seconded by Vice Mayor Cook to deny the request for funding by the Area Agency on Aging . The motion to deny passed unanimously . 8. APPOINTMENTS 8. 1 Appointment of members to the Industrial Advisory Board . The following members were appointed to the Industrial Advisory Board to serve two year terms expiring in March, 1989, following elections : Carl Ahalt - reappointed by Commissioner McElyea ,r— Michael Del Sapio - reappointed by Vice Mayor Cook j Albert Jones - appointed by Commissioner Hirsch Commissioner Bertino and Mayor Byrd will make their appointments at a later date . 8.2 Appointment of members to the Unsafe Structures Board . A motion was made by Vice Mayor Cook , seconded by Commissioner McElyea to reappoint Jack Bradley (real estate appraiser ), Leroy Crouch (architect ) , and Robert Zeller (citizen experienced in social problems ) to the Unsafe Structures Board to serve three year terms . The motion passed unanimously. 8. 3 Request by Commissioner Bertino to expand Airport Citizens Advisory Committee from two appointments by each Commission member to four appointments by each commission member . Commissioner Bertino reported that two people, Ed Fogarty and Mrs . Waite, who live adjacent to the airport have requested that they be put on the Airport Advisory Committee . He suggested that each Commissioner have the option of naming two additional members if they so desire, expressing the opinion that, since one of the major functions of the committee is the dissemination of information back to the community, the committee would be more effective with a larger cross-section of citizens . i Commissioner Hirsch and Mayor Byrd expressed reservations about the effectiveness of a 20 member board . A motion was made by Commissioner Bertino, seconded by Vice Mayor Cook to expand the Airport Advisory Committee by two more appointments per Commissioner if they so desire . The motion passed 4-1, Commissioner Hirsch opposing . j It was then t pointed out that Vice Mayor Cook and Mayor Byrd initially made only one appointment each . Regular Commission Meeting 4 May 12, 1987 k ,._ .. __._ _. .... n.�..,.p.a Cps •- - . The following members to the Airport Advisory Committee were appointed : i I June Silvernale Vice Mayor Cook + Mr . Peebly Vice Mayor Cook Kathy Kelly Vice Mayor Cook Mr. Westfall Commissioner Hirsch Mildred Jones Commissioner Hirsch t William A. Brook Commissioner McElyea Father O ' Connor Commissioner McElyea Ed Fogarty Commissioner Bertino j Mrs . Waite Commissioner Bertino ( Robert Zeller Mayor Byrd b Commissioner Bertino suggested, in the interests of brevity, that the appointments still needed to be made be turned in to j the City Manager and the appointees effectively considered members of the committee . i Mayor Byrd said he will make his other 2 appointments in the next few days and asked anyone interested in serving on the committee to contact him. 8.4 Appointment of member to Code Enforcement Board . City Clerk Mullikin reported that due to the unfortunate death of Audrey Cassese, a vacancy exists on the Code Enforcement ? Board, and the Commission needs to appoint a replacement member j to complete the term expiring in January, 1989. Audrey Cassese had been appointed in lieu of an architect . A motion was made by Vice Mayor Cook , seconded by Commissioner Hirsch to appoint Harvey Darcy ( in lieu of an architect ) to the Code Enforcement Board to complete the term of Audrey Cassese . The motion passed unanimously . I 9 . DISCUSSION 9. 1 Discussion regarding the closing of the County landfill . i City Manager Jewell reported the receipt of official notification from Broward County Solid Waste Division that the landfill in Davie is scheduled to close down on December 31, 1987 . He said the alternative is to transport the solid waste =x �f to Pompano until the County makes provisions in South Broward and that the southern cities, through the League of Cities , are now negotiating with Broward County to try to get subsidized for taking that garbage up to the waste management facility in Pompano . City Manager Jewell said the incinerator will not be open for another 1-1/2 to 2 years and, regardless of the city ' s ultimate disposal decision, solid wastes will have to be transported to Pompano for a period of time . Commissioner Bertino commented that it is his understanding that the city ' s refuse collector is presently dumping in Dade County, can dump in Broward County, and, as a private contractor, has the right to go to any type of government agency that is accepting garbage . After discussion of alternatives to paying the County ' s dumping j fees, such as incineration or composting, it was generally agreed for now to adopt a "wait and see" position . ADDENDUM ITEMS : j 9. 2 Discussion regarding parcel of land on SW 8 Street dedicated as SW 3 Avenue . City Manager Jewell , after following Commission direction some time ago to have the property appraised, recommended that the 1 L Commission now declare the property surplus and authorize advertisement for bids . i I Regular Commission Meeting 5 May 12, 1987 1 � i City Manager Jewell explained that after the bids are received , the appraised value will be revealed , at which time the f Commission can either accept or reject the bids . E, A motion was made by Commissioner Hirsch, seconded by z Commissioner Bertino to instruct City Attorney Adler to prepare } a resolution declaring the property surplus and authorizing advertisement for bid, said resolution to be placed on the r agenda for adoption at the next regular meeting of May 26, 1987 . The motion passed unanimously . E 9. 3 Update from Airport Advisory Committee . Bob Mikes, Chairman, presented an update of the Committee ' s 1 activities . He described meetings with the Attorney, Aviation Planning Department, FAA in Washington , as well as other airport area Civic Associations. i Mr . Mikes said the Committee is addressing the situation from the standpoint that the Attorney is working on the possibility of stopping the expansion , but the Committee is reviewing the aviation department plan which will be in at the end of this month, trying to at least critique that plan to the extent that Dania has a say in that plan before it gets to the County j Commission . Mr . Mikes said the committee has been reviewing specifics of the plan , looking at alternative options that the airport has presented . Cliff Iacino, Vice-Chairman of the Airport Advisory Committee, � said the Committee is working from a "what if" position , based on the assumption that expansion of the south runway will be approved by the County Commission . He said their goal is to have the community ' s thoughts reflected into the consultant ' s report, the final draft of which will be presented to the County , - Commission in mid-June . i Mr . Mikes commented on specific items being looked at by the Committee regarding airport management, operation controls and financial and physical mitigation, including curfews, reduction in 13-31 use, restrictions of the type of aircraft , permanent noise monitoring sites around the airport, elimination of excessive use of APU units on the new south terminal . They are also addressing Dania ' s need to keep a close eye on the type of hotel construction in the airport area as well as purchase assurances, additional noise buffers and the possibility of parks being built in there at Federal expense . Mr. Mikes said a comprehensive written draft report will be presented to the City Commission within the next two weeks which they will want to incorporate into the County ' s draft plan . He said they will need to utilize the services of an engineer and draftsman through the City Engineer ' s office for approximately 10-15 hours to do renderings . Mayor Byrd suggested that request be directed to the City Manager. Mayor Byrd pledged the Commission ' s cooperation and commended the Committee on the fine job it is doing . 10. CITIZENS ' COMMENTS 10. 1 Discussion regarding parking recreation vehicles at Dania Beach/Pier (Code of Ordinances 16-3 ) . Appearance : Mr. Robert Brucks - 3055 SW 46 Ave . , Ft . Laud . i Mr . Brucks registered a complaint that after five years of parking his RV at Dania Beach while he fishes at the Pier and his wife enjoys the Beach, he has been notified he no longer can park his RV there . Mr . Brucks was informed that the city ordinance prohibiting such RV parking at the Beach/Pier is now being enforced and no discrimination is intended . Regular Commission Meeting 6 May 12, 1987 i 10. 2 Discussion regarding bicycle paths and lifeguard communications . Appearance : Kathy Lynch - 315 Gulfstream Road . Kathy Lynch commented on the need to extend the bicycle path on the north side of Dania Beach Blvd . all the way to the beach . She was informed that the existing bicycle path ends at the Dania city limit, and that, since it is unlawful for the city to spend taxpayers ' dollars outside the City of Dania, her request should be directed to the City of Hollywood . Vice Mayor Cook suggested the Mayor of Hollywood be contacted regarding a possible joint effort to extend the path to the beach . City Attorney Adler suggested the County Commissioner for this district be contacted since it has jurisdiction within the cities as well as the unincorporated areas . City Manager Jewell was asked to contact the County and the City of Hollywood regarding the citizens ' request to extend the j bicycle path to the beach . It was suggested that the citizens also direct their request to those agencies . Regarding the lifeguard communications, Ms . Lynch said the beach is very crowded and there is a problem of lack of communication between the five lifeguard stands . She said the only stand that a has radio communication with the office is the center one and the two stands on both sides have nothing . She suggested that the possibility of issuing walkie-talkies to the lifeguards be considered . She also mentioned that the lifeguards would like to see a volley ball court set up at the beach . jMayor Byrd directed the suggestions to City Manager Jewell . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Jewell commented that the PBA Contract was finalized and ratified by the Police Department and requested Commission approval . I A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the Contract between the P.B .A . and the City of Dania as presented in workshop sessions . The motion passed unanimously. 11 . 2 City Attorney Adler - no comment . 12. COMMISSION COMMENT 12. 1 Commissioner Bertino thanked everybody for get well wishes . 12. 2 Commissioner Hirsch - no comment . 12. 3 Commissioner McElyea - no comment . 12.4 Vice Mayor Cook extended get well wishes to Bobbie Grace and Paul Maxwell . The Commission was reminded of the workshop scheduled for May 13th, 7 : 30 p .m . re Family Day at Modello Park . 12. 5 Mayor Byrd called for a workshop regarding the civil service rules . ! It was generally agreed to schedule meetings next week to s address the following items : 1 ) request by Mr . Gallop re the 3 hiring of airport consultants, 2 ) the public works director, and a 3 ) the civil service workshop . i � This Regular Commission Meeting was then adjourned . �C TY CERK-AUDIO J Regular Commission Meeting 7 May 12, 1987 f J., "'�ORM 4 DATE ON NOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT , j 19 PART A Name: ' I ' �` ,� Telephone: (LAST) (FIRST) (MIDDLE) (A/C) (NUMBER) Address: i i r.' (STREET) i71-(C1T0- (ZIP CODE) (COUNTY)r 1 ` X PART B Agency is a unit of [check one] : ( 1 State of Florida; ( ) County,City or other Political Subdivision iName of Agency: Position held in Agency: — -L— — --_ PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143119751] If you have voted in your official capacity upon any measure in which you had a personal,private,or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: I I /i 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or i the special private gain of any principal by whom you are retained: i i i l! f ; r >' [ ) i 3. Person or principal to whom the special gain described above will inure: ' a. ( 1 Yourself b. ( 1 Principal by whom you are retained: (NAME) PART D \\ �- i FILING INSTRUCTIONS i This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict I of interest arises;if you vote,however, the conflict must be disclosed pursuant to the requirements described above. i ! PART E 1 i -- SIGNATURE OF PERSON DISCLOSING DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975),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. i CE FORM d-EFF. 1/1/77 I I 1 171 . 9 AGENDA I DANIA CITY COMMISSION REGULAR MEETING { MAY 12 , 1987 8 :00 P.M. 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS - Certificates of Appreciation by Dania Improvement Committee 1 . CONSENT AGENDA Bills 1. 1 March 1987 Ordinances ( first reading ) i 1 . 2 RZ-38-84 - Rezoning request - Petitioner/Owner - Pag Bros , I Builders; property located on the south side of West Dania Beach Boulevard, between SW 11 Avenue and the C-10 canal "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THE W 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST; AND THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 33 , AND THE E 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS CANAL RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORD BOOK 1246 AT PAGE 220 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND j BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION 4 OF R-M TO IG ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSE- QUENTLY 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. " 1 . 3 RZ-23-87 - Rezoning Request - Petitioner - Clarke Walden; Owner - Caribank; property located at 245-247 NE 1 Terrace "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 1 AND 2, BLOCK 2, "DANIA COUNTRY CLUB ESTATES" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RD-6000 TO C-1 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. " 1 OF 3 n4 f. Y i j 2. PROCLAMATIONS - none 3. BIDS - none I 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4 . 1 Petitioner/Owner - John Bartley; property located at SW 1 � Street & SW 8 Avenue - (first reading of ordinance) Public Hearing - LU-20-87 - Land Use Plan Amendment "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE CITY'S CERTIFIED LAND USE PLAN FROM LOW MEDIUM ( 10 ) RESIDENTIAL TO MEDIUM ( 16) RESIDENTIAL, ON A PARCEL OF LAND CONTAINING APPROXIMATELY 2. 28 ACRES MORE OR LESS, LOCATED IN SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND BOUNDED ON THE EAST BY SW 8 AVENUE, ON THE SOUTH BY PROPOSED SW 1 STREET, ON THE WEST BY VACATED SW lI AVENUE, AND LOCATED SOUTH OF DANIA BEACH BOULEVARD; LEGALLY DESCRIBED AS BLOCK 2, LESS THE NORTH 253. 61 FEET THEREOF (AS MEASURED AT RIGHT ANGLES) , OF "HENRY PARK" , AS RECORDED IN PLAT BOOK 24 , PAGE 27 , OF THE a PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH THE I EAST ONE-HALF OF VACATED SW 11 AVENUE ADJACENT THERETO, ! PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR j 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. " y i Administrative (second and final reading ) 4. 2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1986-87 BY CHANGING THE SEWER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1986-87 TO INCREASE SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $890, 100 TO $906 , 100 ; AND PROVIDING THAT ALL { ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT I OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 3 =•aJ 4. 3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1986-87 BY CHANGING THE WATER FUND ' BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1986-87 TO DECREASE SAID WATER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $909,200 TO $872 ,700; 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 5. 1 Petitioner - Brooks & Associates; Owner - Michael Thomas; property located at Bryan Road & NW 2nd Street SP-18-87 - A site plan is requested for office development in a C-2 commerical zoning district. (continued from 4/28/87) 2OF 3 L� t J 6. EXPENDITURE REQUESTS 6. 1 Request approval of bill for professional services rendered regarding airport expansion. 7. SPECIAL REQUESTS 7. 1 Request by Boy Scout Troop 127 for financial assistance. Appearance: Phil Johnson 7. 2 Request by Kodner Galleries, Inc. to allow an antique auction ; at 71 North Federal Highway. 7. 3 Request for funding by Area Agency on Aging of Broward County. f 8. APPOINTMENTS {8. 1 Appointment of members to the Industrial Advisory Board. 8. 2 Appointment of members to the Unsafe Structures Board. 8. 3 Request by Commissioner Bertino to expand Airport Citizens Advisory Committee from two appointments by each Commission member to four appointments by each commission member. i i 8.4 Appointment of member to Code Enforcement Board . I 9. DISCUSSION 9. 1 Discussion regarding the closing of the County landfill . ° 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. i � 11. ADMINISTRATIVE REPORTS ! 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 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. 3 OF 3 1 I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MAY 12, 1987 8:00 P.M. 1 . CONSENT AGENDA (continued) Ordinances ( first reading) 1. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS ALL OF RAVENSWOOD COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129 , PAGE 45, OF THE PUBLIC I RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, I 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 9 PROVIDING FOR AN EFFECTIVE DATE. " i 9. DISCUSSION (continued) ! 9. 2 Discussion regarding parcel of land on SW 8 Street dedicated as SW 3 Avenue 9. 3 Update from Airport Advisory Committee s t I . I Y � I i j r{ 1 E t J r fi: i a 1 ORDINANCE NO. 'i AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING i TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS f ALL OF RAVENSWOOD COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 45, 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 i FOR AN EFFECTIVE DATE. + i I WHEREAS, the owners of that property described hereinbelow have petitioned the City Commission to annex such property to the City of Dania; and i WHEREAS, the City Commission has determined that: I 1. Such property, in fact, is owned by the petitioner, ARTHUR C. " BOGGS and no others, as evidenced by Opinion of Title submitted by John ', ylo.V•*4`^4»¢ .- E. Stephens, Jr. , Esquire, Gustafson, Stephens, Ferris, Forman s Hall, P.A., dated May 7, 1987, a copy of which is attached hereto as Exhibit A; _, and , 2. Such property is contiguous to the City of Dania, Florida, and j 3. Such property is reasonably compact; and 4. The annexation of such property will not result in the creation , of an enclave; and ' WHEREAS, the City Commission has determined further that the City ! can provide necessary municipal services to such property; and i "WHEREAS, the annexation of such property will be in the best e .. interest of the City of Dania and its residents. 'K�'W'C 'L.'*;Ce NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: {[ Section 1. That the property described as: s ALL OF RAVENSWOOD COMMERCE CENTER, ACCORDING TO THE 6 PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 45, OF ` 53 - THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, ` FLORIDA, TOGETHER WITH ANY INTEREST THE F PETITIONERS/OWNERS OF SAID LAND HAVE IN PUBLIC f RIGHT-OF-WAY ADJACENT THERETO be and the same is hereby annexed to the City of Dania, Florida. Section 2. That the boundary lines of the City of Dania, Florida, be and the same are hereby re-defined to include the land herein -- described. h. . �Li �A Y gR y 1 I 1� s i Section 3. That this ordinance shall be published once a week for t four (4) consecutive weeks in a newspaper of general circulation within ' the City of Dania, such publication to occur between the first and second readings hereof by the City Commission. i Section 4. That a certified copy of this ordinance shall be filed with the Clerk of the Circuit Court of Broward County, Florida and with the Department of State of the State of Florida. i Section 5. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the _ day of 1987. I - PASSED and ADOPTED on Second and Final Reading on the dayof .,. ..... - r 1987. r / j MAYOR - CO MISS ONER ATTEST: I i CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS By:_ FRANK C. ADLER, CITY ATTORNEY t i i 2 �r I LAW OFFICES GUSTAFSON, STEPHENS, FERRIS, FORMAN & HALL, P. A. f h WILOAM W. CALDWELL ROB CRT E.FERR15,JR. Oc COury SEL iE[ PETER J.FORMAN y JOEL K.GUSTAFSON 540 NORTHEAST FOURTH STREET S DONALD R. HALL FORT LAUDERDALE. FLORIDA 3330 1-11 92 KNIGHT i GERALD L. TELEPHONE(305)763'9330 ALEIDA ORS MIAMI 945-9685 iDENNIS F.OSHEA DELRAY 276d055 CHRISTINE M. RUSSO May 7, 1987 TELECORIER(305)4636096 ' JOHN E.STEPHENS.JR. I TO WHOM IT MAY CONCERN: { This is to certify that as of May 2 , 1987 the following described property is owned by Arthur C. Boggs, Individually, Valerie L. Davis, John W. Davis and Jo Ann Davis, as Trustees, to s wit: All of RAVENSWOOD COMMENCE CENTER, according to the Plat thereof, recorded in Plat Book 129 , at Page 45 of the Public Records of Broward County Florida. ubject to the following encumbrance: And, that the property is s Y• 1 , Mortgage from Arthur C. Boggs and R. Waren Davis to Estate i of Karl F. LaPlant, deceased, dated September 15, 1977, filed September 19 , 1977 if Official Records Book 7222, at Page 71, subsequently assigned to The Dania Bank, Trustee, I[ now Caribank. {((((t I A 1 By: OHN 4. TEPIENS, JR. I i .,,9 . IL I VAS,"[ P r 13Yo r.�, r..t. u;)t_ ni 07(. ee� J Zi5 VI O :', T 1S oo 19I v. °j LOT 3 s 14 Rl Ys' •F Ila 14 _ m 087.4 I n I N II '- A V L'5 N Q � y •II ' I 4177D ; f. U7,PAcr U Ij" y Lt t TTTTTT Cc )aL 4!5J•9_ r5o.00 P / LAk�EV;,EN 1•P , 6v4�EH�us�S°tp HALLI All HEIGHTS I^ 7'CBO O2JG—✓f(p N 10232-07 �_� GO On ry1 Co$ O 0 � l- rsn ai 2n.ea ` -� Z/6 MY I ' I J xY Y!5 13 sps 17 I u- CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING MAY 12, 1987 j 8:00 P.M. tj 1. Discussion regarding parking recreation vehicles at Dania Beach/Pier (Code of Ordinances 16-3) . Appearance: Mr. Robert Brucks - 3055 SW 46 Ave, Ft. Laud. 2. Discussion regarding bicycle 1 9 9 Y paths and lifeguard communications. I Appearance: Kathy Lynch - 315 Gulfstream Road f E j 1 r L� r' r, r- r :y �u yr �ai ri y 1 M r i