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HomeMy WebLinkAbout31405 - MINUTES - City Commission r I MINUTES i DANIA CITY COMMISSION REGULAR MEETING MAY 14 , 1985 i I INVOCATION - REVEREND JONES PLEDGE OF ALLEGIANCE ROLL CALL � r i Present - Vice-Mayor: Chester A. Byrd Commissioners: James Adams Jean Cook Howard Hirsch Charles McElyea City Attorney/ Acting City Manager: Frank Adler Deputy City Clerk : Marie Jabalee Police Chief: Rudolf Rigo Building Official : Paul Maxwell Deputy City Manager, Eugene Jewell was also in attendance. + i 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of April 23 , 1985 Regular Commission Meeting i i Ordinances (First Reading) i 1 .2 (RZ-14-85; Rezoning from RD-6000 (duplex) to C-2 (Commercial) Property located at 222 SW 2nd Terrace; petitioner Fay M. i Wishart. ) (Cont' d . from 4/23/85 Regular Meeting) i An Ordinance rezoning All of Lot 1 and Lot 2, less the East 2 feet of Lot 2, Resubdivision of George E. Phippen' s Subdivision, from RD-6000 to C-2 was read for first reading by Vice-Mayor Byrd. j 1 .3 (RZ-15-85; Rezoning from IG ( Industrial) to C-2 (Commercial) , property located at 1125 NE 7th Ave. ; petitioner George L. Farmer. ) (Rezoning request remanded back to P & Z Board and continued til May 14 , 1985 Regular Meeting; P & Z Board requests continuance back to P & Z Board of July 2 , 1985) Vice-Mayor Byrd announced that the first reading of agenda item 1 . 3 was being pulled from the consent agenda and continued until the regular Commission meeting scheduled for July 9 , 1985 . 1 .4 An Ordinance amending Chapter 25 of the Code of Ordinances entitled "Traffic" to prohibit the sounding of train horns and whistles solely in advance of any public at-grade i crossing within the City was read for first reading by j Vice-Mayor Byrd . 1 .5 An Ordinance amending Ordinance No. 132 as passed and adopted on final reading on Feb. 22, 1977 , regarding Police and Fire Retirement and disability benefits was read for first reading by City Attorney Adler. 1 , A motion was made by Commissioner Adams, seconded by Commissioner ] Hirsch to approve the consent agenda with the exception of item 1 .3 . The motion passed on the following roll call vote : III i Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Regular Meeting 1 May 14 , 1985 1 * (At this time agenda g item 7 (PRESENTATIONS) was addressed. ) i 2 . PUBLIC HEARINGS Ordinances (Second and Final Reading) 2 .1 (PZ-59-84; Plat approval for "Bryan Oaks" plat Bryan Road property located at 180 Br Y , petitioner Jan C. Hansen, 4 . 20 Acres . ) (Continued from 4/23/85 Regular Commission Meeting. ) A motion was made by Commissioner Cook, seconded by I Commissioner Hirsch to continue the second and final reading of the ordinance approving the plat of "Bryan Oaks" until the next regular Commission meeting of May 28 , 1985 at the petitioner' s request . The motion passed unanimously. 2 .2 ( RZ-22-85; Rezoning from IG ( Industr. ial) to C-2 ( Commercial) for property located at 1610 Griffin Road; Petitioner Michael L. Thomas , Trustee (11 .2+ Acres . ) (Continued from Regular meeting of 4/23/85 . ) Ross Beckerman, Attorney for the petitioner, stepped forward ' to explain the rezoning request to ensure that the new Hilton Hotel complies with the Broward County Planning Council ' s land use plan. The Planning and Zoning Board recommended approval . i Vice-Mayor Byrd opened the public hearing . Hearing no one speak in favor or opposition, the Vice-Mayor closed the public hearing . i An ordinance rezoning that part of Tract 5 in Block 3 lying south and west of. Dania Cut-Off Canal and all of Tract 16 in �- Block 3 of the Plat of. Marshall Everglade Land Company in Section 28 , Township 50 South, Range 42 East, containing 11 . 2+ acres from IG to C-2 zoning classification was read for second and final reading by Vice-Mayor Byrd. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the ordinance on second and final reading and to have Staff review progress in one year. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes 2. 3 An Ordinance amending Section 27-37( f) of Article II of Chapter 27 of 1980 Code of Ordinances entitled "Temporary Use" to provide charge of $25.00 for installation and removal of temporary hydrant meters was read for second and final reading by Vice-Mayor Byrd. Vice-Mayor Byrd 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 Adams to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: 3 Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Y Vice-Mayor Byrd-yes Commissioner Hirsch-yes 3 i 2.4 An Ordinance amending Ordinance No. 268 allowing any employee who elected not to join the Pension Plan in 1981 to become a R member was read for second and final reading by Vice-Mayor Byrd. { Deputy City Manager Jewell explained the proposed amendment to the General Employees' Pension Plan. I Regular Meeting 2 May 14 , 1985 A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes ** EMERGENCY PUBLIC HEARING ITEMS; REQUEST PER CITY CLERK. (Commission requests continuance of these Ordinances until Meeting of May 28 , 1985) ** 2.5 An Ordinance amending the City' s Fishing Pier Budget for fiscal year 1984-85 to increase estimated revenues and appropriations for expenditures from $402 ,000 to $420 ,500 . A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to continue this item until the next regular Commission meeting of May 28 , 1985. The motion passed unanimously. ** 2.6 An Ordinance amending the City' s Sewer Fund Budget for fiscal year 1984-85 to decrease estimated revenues and appropriations for expenditures from $896 ,000 to $829 ,000 . A motion was made by Commissioner Adams , seconded by Commissioner Cook to continue this item until the next regular Commission meeting of May 28 , 1985 . The motion . ,� passed unanimously. i ** 2 .7 An Ordinance amending the City' s Water Fund Budget for fiscal ' year 1984-85 to decrease estimated revenues and appropriations for expenditures from $811 , 500 to $786 ,000. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to continue this item until the next regular Commission meeting of May 28 , 1985 . The motion passed unanimously. Variances 2.8 VA-20-85; Variance to allow use of a 55 foot trailer as a test facility for the property located at 1100 NE 7 Avenue; petitioner Antilles Food Corp. (Continued from 4/23/85 Regular Commission Meeting . ) The petitioner has permanently withdrawn this variance request. 3 . SITE PLANS 3 . 1 SP-09-85 ; Site plan approval requested for the construction of a marina/restaurant located at 801 NE 3rd St. ; petitioner Marine Conversions , Inc . David Zelk, Architect , representing the petitioner, stepped forward to request site plan approval for the Harbour Towne Marina project. He described the project plan for the 34 .4 acre site , comprised of 23 .4 acres leased from the City and 11 acres owned by Marine Conversions , Inc. } After discussion regarding when construction will begin on the Civic Center; deletion of plans for tennis courts; provisions of the lease ; and P&Z Board recommendations on site plan approval contingencies , it was decided that a workshop was needed before the site plan can be approved. j A motion was made by Commissioner Hirsch, seconded by i 1 Commissioner McElyea to continue this item until after a Workshop meeting is held on the Houston Park project . The 1 motion passed unanimously. i Regular Meeting 3 May 14 , 1985 *** (At this time, agenda item 4 .3 was addressed . ) l 4 . RESOLUTIONS i 4 .1 Resolution to amend the City' s Federal Revenue Sharing Fund Budget for fiscal year 1984-85 to decrease estimated revenues and appropriations for expenditures from $273 ,429 to $273 ,008 . (Commission requests continuance of this item until the Meeting of May 28 , 1985 . ) A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to continue this item until the next regular Commission meeting of May 28 , 1985 . The motion passed unanimously. 4 .2 Resolution to amend the City' s General Fund Budget for fiscal year 1984-85 to increase estimated revenues and appropriations for expenditures from $5 ,679 ,155 to $5 ,991 ,004 . ( Commission requests continuance of this item until the Meeting of May 28 , 1985 . ) A motion was made by Commissioner Cook, seconded by Commissioner McElyea to continue this item until the next reg.:lar Commission meeting of May 28 , 1985 . The motion passed unanimously. *** 4 .3 Resolution approving an amendment to the Development Order attached to and made a part of Resolution No. 838 passed and adopted on 2/11/81 and subsequently amended by modification to said Development Order approved by Resolution No. 387 passed and adopted on 3/24/81 and further amended by a., Resolution No. 63 approving further modification to said Development Order passed and adopted on 11/15/83 . A motion was made by Commissioner Cook , seconded by Commissioner Adams to continue this item until after the Workshop meeting to be held on the Houston Park project. The motion passed unanimously. 5 . OCCUPATIONAL LICENSE 5 .1 Mr. Philip M. Rubin for P & H Fireworks , Inc. , for property located at 1924 Stirling Rd . , and 714 S . Federal Hwy. , for sale of "Sparkler Items" . Philip Rubin stepped forward to request an occupational license for P & H Fireworks to sell retail sparkler items at two locations in Dania. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant the occupational license to P & H Fireworks, Inc. to sell retail sparkler items at 1924 Stirling Road and 714 S. Federal Hwy. for seven days, to be effective June 28 , 1985 thru July 4 , 1985 , subject to the approval of the Dania Fire Department . The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes i 5 .2 Frances & Tammy Wilson for FTC Fireworks , for property located at 1900 Griffin Rd . and 1895 Griffin Rd . for sale of "Novelty Fireworks" . Frances Wilson stepped forward to request an occupational license for FTC Fireworks to sell retail novelty ground fireworks at two locations in Dania . She asked that a third location be added and that the license be for ten days; both of these requests were denied. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant the occupational license to FTC Regular Meeting 4 May 14 , 1985 i Fireworks to sell retail sparkler items at 1900 Griffin Road I and 1895 Griffin Rd . for seven days , to be effective June 28 , 1985 thru July 4 , 1985 , subject to the approval of the Dania Fire Department. The motion passed unanimously. 5 .3 Mr. Ernest Poux for property located at 265 S . Federal Hwy. , Buy Rite Liquors, for the sale of fireworks at said property. A representative of the petitioner stepped forward to explain the occupational license request by Buy Rite Grocery for the j indoor sales of retail fireworks . A motion was made by Commissioner Cook, seconded by Commissioner McElyea to grant the occupational license to Buy Rite Grocery to sell retail fireworks at 265 S . Federal Hwy. for seven days, to be effective June 28 , 1985 thru July 4 , 1985 , subject to the approval of the Dania Fire Department. The motion passed unanimously. 6 . BIDS 6 . 1 Request to advertise Surplus Items for Public Auction. A motion was made by Commissioner McElyea , seconded by Commissioner Hirsch to authorize Staff to advertise surplus items for public auction. The motion passed unanimously. 6.2 Request to authorize certain Vehicles declared surplus to be put out to bid. ADDENDUM ITEM: 6 .2 Please add additional vehicle to surplus list: Massey Ferguson - Model #MF 300 - Serial #1196007594 ,. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to declare the following vehicles surplus , by resolution, and to authorize Staff to advertise f for sealed bids : Year Make Model VIN No. 1969 Ford 3500 Series Backhoe 1974 Chevy Dump Truck CCE674171051 1976 Chevy Nova 1X69L6w217908 1971 Ford P-up Truck CS241A630779 1977 Pontiac LeMans 2D29Z7P266110 1977 Pontiac LeMans 2D29Z7P274544 1980 Ford Fairmont OK92D225412 1981 Chrysler LaBaron iC3BM46L3BG147191 1982 Plymouth Grand Fury 2P3BB26L8CR148102 1982 Plymouth Grand Fury 2P3BB26L1CR148099 1982 Plymouth Grand Fury 2P3BB26LXCR148098 1982 Plymouth Grand Fury 2P3BB26L6CR148101 Massey-Ferguson MF300 1196007594 The motion passed unanimously. 6 .3 Request to advertise for bids on the NW lst St ./NW 5th Ave . j Improvement Projects funded by Community Development Block Grant Funds. A motion was made by Commissioner Adams, seconded by Commissioner Hirsch to authorize the advertisement for bids ! for work to be done on the NW 1st St ./NW 5th Ave. Improvement Projects . The motion passed unanimously. 7 . PRESENTATIONS � * ( It is requested that these items be read at the beginning of the � 1 meeting. ) ' 7 . 1 Dania Improvement Committee, presentation of Certificates to local citizens. Regular Meeting 5 May 14 , 1985 f ry Mr. Harry Lowry, Vice-Chairman of the Dania Improvement Committee, presented Certificates of Appreciation to Joseph Solomon of Pic 'N Pay Supermarket , Mr. and Mrs . Peter Signore and Mr. Robert Sommers . i * 7 .2 Certificates of Appreciation, to be presented to the Dania Block Grant Committee members . Vice-Mayor Byrd presented Certificates of Appreciation to the members of the Block Grant Committee and commended them for a ' job well done . 8. APPOINTMENTS ADDENDUM ITEM: 8 .1 Reappointment of members to the Police and Firefighters Pension Board. City Attorney Adler advised the Commissioners that the Mayor, Police Chief and Fire Chief are automatically reappointed to the Board; the Police Department has elected Ed Brockman and Arthur Goodman to the Board ; and the Fire Department has elected Vince Thompson and Chester Bolton to the Board. He said the Commission must appoint two civilian members to the Police and Firefighters Pension Board and advised that the current appointees are Rholanda Higgs-Rule and John Vollman. A motion was made by Commissioner Adams , seconded by Commissioner McElyea to reappoint Rholanda Higgs-Rule and John Vollman to the Police and Firefighters Pension Board . The motion passed on the following roll call vote: Commissioner Adams-yes Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-no **** (At this time ADDENDUM ITEM 9 . 1 was addressed . ) 8.1 Commission appointment of Mayor. Vice-Mayor Byrd passed the gavel to Commissioner Adams and made a motion, seconded by Commissioner McElyea to elect Commissioner Jean Cook as Mayor until John Bertino is reinstated or until the next general election. After discussion and an appearance by John Bertino, the motion passed on the following roll call vote: Vice-Mayor Byrd-yes Commissioner McElyea-yes Commissioner Cook-yes Commissioner Adams-yes Commissioner Hirsch-yes 9 . DISCUSSION 9 .1 Request by Mr. Reiner Macht, for the Monkshof restaurant; extension to keep signs and banners above restaurant located at 45 S. Federal Hwy. ; Building Official Maxwell explained that the restaurant was issued a 30 day permit , has been closed for almost a year, and the petitioner is requesting a time extension until 3 December, 1985 , in order to attract customers . i A motion was made by Commissioner McElyea, seconded by j Commissioner Hirsch to grant the request by Reiner Macht and extend the permit until December, 1985. The motion passed unanimously. ADDENDUM ITEM: � 9 .1 Request that the probationary period of Department Heads be extended an additional 60 days .Y Commissioner McElyea. f Regular Meeting 6 May 14 , 1985 i I . J l Commissioner McElyea stated that he is requesting that the probationary period for Department Heads be extended an additional sixty days while the new City Manager is being selected . Commissioner Adams disagreed with the logic of this pointing out that the Department Heads serve at the ! pleasure of the Commission. A motion was made by Commissioner Adams , seconded by Commissioner Hirsch to reappoint the Department Heads at the next regular Commission meeting of May 28 , 1985 , to coincide with the time frame of the original sixty day probation period agreed upon. i During discussion of the motion , Commissioner Hirsch voiced his support of the Department Heads and spoke in favor of immediate reappointment , offering to withdraw his second to Commissioner Adams' motion. Commissioner Adams then withdrew his motion. A motion was then made by Commissioner McElyea, seconded by Commissioner Cook to extend the probationary period for reappointment of Department Heads an additional sixty days, with the provision that , if the City Manager is hired before the expiration of sixty days , this he brought back before the Commission immediately. The motion passed on the following roll call vote: Commissioner Adams-no Commissioner McElyea-yes Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-no 9 . 2 City Manager' s recommendation for approval of a City Investment Policy. Vice-Mayor Byrd suggested that this item be added to the next scheduled workshop for detailed discussion. a A motion was made by Commissioner Hirsch , seconded by Commissioner Cook to agenda this item for discussion at the next scheduled workshop . The motion passed unanimously. 10. ADMINISTRATIVE REPORTS 10 . 1 Acting City Manager Adler commented on items to be placed on the next regular meeting' s agenda: false alarms; number of off-duty policemen needed for large community affairs; and consideration of Commission support of 1985 Police Olympics in Tampa. 10 . 2 City Attorney Adler commented on a resolution initiated by Mayor Cook to impose a moratorium prohibiting rezoning in areas where mobile home parks exist . 11 . COMMISSION COMMENT 11 . 1 Vice-Mayor Byrd expressed support of Mayor Cook . 11 .2 Commissioner Adams - no comment. i 11 . 3 Mayor Cook expressed regrets regarding the circumstances under which she accepts the Mayorship and thanked the Commissioners for their support. 11 .4 At Commissioner Hirsch' s invitation, Deputy City Clerk l Jabalee reported that the City' s financial investment position is sound. Commissioner Hirsch thanked Deputy City Manager Jewell for ' foregoing his vacation at this critical time. i 11 .5 Commissioner McElyea seconded the thanks to Deputy City S - Manager Jewell . ! Regular Meeting 7 May 14 , 1985 I 12 . CITIZENS' COMMENTS 9 No verbal or written requests for citizens' comments for this night's meeting were received. The gavel was passed to Mayor Cook and this Regular Commission Meeting { was then adjourned. d i i MA OR-COMMISSIONER s CIT CLERK-AUDITOR i J� j i {1 1 � w- 1� I i I J� 'r F , i x _ Regular Meeting 8 May 14 1985 h r 3 AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 14 , 1985 i 8 :00 P.M. j• INVOCATION - i PLEDGE OF ALLEGIANCE ROLL CALL I . CONSENT AGENDA Minutes 1 . 1 Minutes of April 23 , 1985 Regular Commission Meeting Ordinances (First Reading) 1 .2 (RZ-14-85; Rezoning from RD-6000 (duplex) to C-2 (Commercial) property located at 222 SW 2nd Terrace; petitioner Fay M. Wishart. ) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: ALL OF LOT 1 AND ALL OF LOT 2 , LESS THE EAST 2 FEET OF LOT 2 , RESUBDIVISION OF GEORGE E. PHIPPEN' S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 35 , PAGE 4 , PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION RD-6000 TO C-2 ZONING $ CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, AS SUBSEQUENTLY 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. (Continued First Reading of this Ordinance from April 23, 1985 Regular Meeting) 1 .3 (RZ-15-85; Rezoning from IG (Industrial) to C-2 (Commercial) , property located at 1125 NE 7th Ave. ; petitioner George L. Farmer. ) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: PARCEL "A" , SEA-AIRF, NO. 4 , ACCORDING TO 111,F THE PLAT THEREOF, RECORDED IN PLAT BOOK 100 , PAGE 37 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THAT PORTION LYING WESTERLY OF AND WITHIN 531 .80 FEET OF THE EAST LINE OF THE SW 1/4 OF THE SW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION IG TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE. No. 100 OF THE CITY OF DANIA, AS SUBSEQUENTLY 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. . (Rezoning request remanded back to P 6 Z Board and continued til May 14, 1985 Regular Meeting; P s Z Board requests continuance back to P 6 Z Board OF July 2, 1985) 1 OF 6 i r F7111 r� 1 .4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 25 OF j THE CODE OF ORDINANCES ENTITLED "TRAFFIC" BY AMENDING ARTICLE II THEREOF ENTITLED "GENERAL" BY AMENDING SECTION 25-27 THEREOF ENTITLED "PROHIBITION ON SOUNDING RAILROAD TRAIN HORNS AND WHISTLES BETWEEN THE HOURS OF 10 P.M. AND 6 A.M. " TO AMEND SUBSECTION (1 ) TO 1 CONFORM TO FLORIDA STATUTE 351 .03 (3 ) (a) WHICH WOULD PROHIBIT THE i SOUNDING OF TRAIN HORNS AND WHISTLES SOLELY IN ADVANCE OF ANY PUBLIC AT-GRADE CROSSING WITHIN THE CITY AND TO DELETE SUBSECTION THEREOF IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; ING FOR (3) PROVID 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. 1 .5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 132 AS PASSED � CHANGING THE NORMAL DRETIREMENT ON IDATE NAL RTODAGE 555 WITH ING ON UTEN YEARS OF BY SERVICE; AND BY RAISING THE SERVICE INCURRED DISABILITY BENEFIT FROM 66 2/38 TO 80% OF AVERAGE, MONTHLY EARNINGS LESS WORKERS ' COMPENSATION AND SOCIAL SECURITY; AND BY RAISING THE MAXIMUM SERVICE INCURRED DISABILITY BENEFIT FROM 40% OF AVERAGE MONTHLY EARNINGS TO i 40% AFTER ONE, YEAR OF CONTINUOUS SERVICE, 45% AFTER TWO YEARS OF CONTINUOUS SERVICE, 50% AFTER THREE YEARS OF CONTINUOUS SERVICE, 55% AFTER FOUR YEARS OF CONTINUOUS SERVICE AND 60% AFTER FIVE YEARS OF CONTINUOUS SERVICE; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED, ALL OTHER PROVISIONS OF SAID ORDINANCE NO 132 SHALL REMAIN IN FULL FORCE AND EFFECT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH TO THE, EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION ON FINAL READING. 2 . PUBLIC HEARINGS Ordinances (Second and Final Reading) 2 .1 (PZ-59-84; Plat ap proval fo 180 Bryan r Bryan Oaks plat, property located at Y Road, petitioner Jan C. Hansen, 4.20 Acres. ) AN ORDINANCE OF THE CITY OF DAN SAME BEING IA, FLORIDA, APPROVING THE PLAT OF "BRYAN OAKS" , NG THE NORTH 295 FEET OF THE EAST 660 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "BRYAN OAKS" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 4/23/85 Regular Commission Meeting) 2 OF 6 i 2 .2 (RZ-22-85; Rezoning from IG (Industrial) to C-2 (Commercial) for property located at 1610 Griffin Road; Petitioner Michael L. Thomas, Trustee (11.2 Acres) . AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THAT PART OF TRACT 5 IN BLOCK THREE LYING j SOUTH AND WEST OF DANIA CUT-OFF CANAL AND ALL OF TRACT 16 IN BLOCK THREE OF THE PLAT OF MARSHALL EVERGLADE LAND COMPANY IN SECTION 28 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO SAID PLAT RECORDED IN PLAT BOOK 1 , AT PAGE 98 , OF THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, CONTAINING 11 .2 ACRES OF LAND MORE OR LESS, FROM ZONING i CLASSIFICATION IG TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, AS SUBSEQUENTLY 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. (Continued from Regular meeting of 4/23/85. ) 2 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-37( f) OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "TEMPORARY USE" TO PROVIDE A CHARGE OF $25 .00 FOR THE INSTALLATION AND REMOVAL OF HYDRANT METERS INSTALLED FOR TEMPORARY USE; 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 Y REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 2 .4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 268; ALLOWING ANY EMPLOYEE WHO ELECTED NOT TO JOIN THE PENSION PLAN IN 1981 TO BECOME A MEMBER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE,. =�.r! EMERGENCY PUBLIC HEARING ITEMS; REQUEST PER CITY CLERK. 2 .5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1984-85 BY CHANGING THE FISHING PIER BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1984-85 TO INCREASE SAID FISHING PIER BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $402 ,000 .00 TO $420 ,500 .00; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR hi: EFFECTIVE DATE. (Commission requests continuance of this Ordinance until Meeting of May 28, 1985) 3 OF 6 i L� F� 2 .6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1984-85 BY CHANGING THE SEWER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1984-85 TO DECREASE, SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $896 ,000 .00 TO $829 ,000 .00; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Commission requests continuance of this Ordinance until Meeting of May 28, 1985) 2.7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1984-85 BY CHANGING THE WATER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITTRES FOR THE FISCAL YEAR 1984-85 TO DECREASE SAID WATER FUND BUDGET ESTIMATED REVE NUES A APPROPRIATIONS 11 FOR EXPENDITURES FROM THE TOTAL OF $811 ,500 .00 TO $786 ,000 .00; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Commission requests continuance of this Ordinance until Meeting of May 28, 1985) Variances 2 .8 VA-20-85; Variance to allow use of a 55 foot trailer as a test .. facility for the property located at 1100 NE 7 Avenue; petitioner Antilles Food Corp. (Continued from 4/23/85 Regular Commission Meeting) 3 . SITE PLANS 3 .1 SP-09-85 ; Site plan approval requested for the construction of a marina/restaurant located at 801 NE 3rd St . ; petitioner Marine Conversions , Inc. . 4 . RESOLUTIONS 4 . 1 A RESOLUTION OF THE. CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1984-85 BY CHANGING THE FEDERAL REVENUE SHARING FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1984-85 TO DECREASE SAID FEDERAL REVENUE SHARING BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $273,429 .00 TO $273,008 .00 AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE. EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Commission requests continuance of this item until Meeting of May 28, 1985) 4 .2 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1984-85 BY CHANGING THE GENERAL FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1984-85 TO INCREASE SAID GENERAL FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $5 ,679 ,155 .00 TO $5 ,991 ,004 .00 AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE. DATE. (Commission requests continuance of this item unitl May 28, 1985) 4 OF 6 I 1 j 4 .3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT ORDER ATTACHED TO AND MADE A PART OF RESOLUTION NO. 838 PASSED AND ADOPTED ON FEBRUARY 11 , 1981 AND SUBSEQUENTLY AMENDED BY MODIFICATION TO SAID DEVELOPMENT ORDER APPROVED BY ! !f RESOLUTION NO. 387 PASSED AND ADOPTED ON MARCH 24 198 f AMENDED BY RESOLUTION NO. 63 APPROVING FURTHER MODIFICATION TORSAID DEVELOPMENT ORDER PASSED AND ADOPTED ON NOVEMBER 15 , 1983; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH E ! CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. I r I 5 . OCCUPATIONAL LICENSE 5 .1 Mr. Philip M. Rubin for P & H Fireworks , Inc. , for property located i at 1924 Stirling Rd . , and 714 S . Federal Hwy. , for sale of "Sparkler Items" . 5. 2 Frances & Tammy Wilson for FTC Fireworks , for property located at 1900 Griffin Rd . and 1895 Griffin Rd. for sale of "Novelity Fire Works" . 5 .3 Mr. Ernest Poux for property located at 265 S. Federal Hwy. , Buy Rite Liquors, for the sale of fireworks at said property. 6. BIDS 6 .1 Request to advertise Surplus Items for Public Auction. 6 .2 Request to authorize certain Vehicles declared surplus to be put out to bid. 6 . 3 Request to advertise for bids on th a NW 1st Improvement St . NW p ement Projects funded b Sth Ave . Funds. Y Community Development Block Grant it * 7 . PRESENTATION (It is requested that these items be read at the beginning of the meeting. ) 7 .1 Dania Improvement Committee, presentation of Certificates to local citizens. 7 .2 Certificates of Appreciation, to be presented to the Dania Block Grant Committee members . 8 . APPOINTMENTS 8 .1 Commission appointment of Mayor. 9 . DISCUSSION 9 .1 Request by Mr. Reiner Macht, for the Monkshof restaurant; extension ' to keep signs and banners above restaurant Hwy. located at 45 S. Federal 9 .2 City Manager' s recommendation for approval of a City Investment Policy. 10 . ADMINISTRATIVE REPORTS 10 .1 City Manager 10 .2 City Attorney 5 OF 6 i i a 11 . COMMISSION COMMENT 11 .1 Vice Mayor Byrd 11 . 2 Commissioner Adams I 11 . 3 Commissioner Cook j 11 .4 Commissioner Hirsch k 11 .5 Commissioner Mc Elyea 12 . CITIZENS ' COMMENTS - Comments b S parties that are not a part of the aregularlagendatzensr should interebeegiven in writing or communicated verbally prior to 4 :00 p .m. the second fourth (4th) Tuesdays of each month. (2nd) and Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved , the citizens) or party will be asked to address the City Commission during the meeting. "Emergencies may be given to the Mayor, a City Commissioner or the City Manager prior to the beginning of the meeting. ------------------------------------------------------------------------------ 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 i 04 i I I i i 6 OF 6 1 r r I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MAY 14 , 1985 8 :00 P.M. i 6 . BIDS 6 .2 PLEASE ADD ADDITIONAL VEHICLE TO SURPLUS LIST: MASSEY FERGUSON - MODEL #MF 300 - SERIAL #1196007594 8 . APPOINTMENTS 8 .1 Reappointment of members to the Police and Firefighters Pension I Board. 9 . DISCUSSION I 9 .1 Request that the probationary period of Department Heads be extended an 60 additional days . Commissioner Mc Elyea. 1 i 1 i i i 4� I t qT kfy�✓fl.. t m �