HomeMy WebLinkAbout31405 - MINUTES - City Commission r
I MINUTES
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DANIA CITY COMMISSION
REGULAR MEETING
MAY 14 , 1985
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INVOCATION - REVEREND JONES
PLEDGE OF ALLEGIANCE
ROLL CALL
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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.
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1 . CONSENT AGENDA
Minutes
1 . 1 Minutes of April 23 , 1985 Regular Commission Meeting
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Ordinances (First Reading)
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1 .2 (RZ-14-85; Rezoning from RD-6000 (duplex) to C-2 (Commercial)
Property located at 222 SW 2nd Terrace; petitioner Fay M.
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Wishart. ) (Cont' d . from 4/23/85 Regular Meeting)
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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.
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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
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Commissioner Adams-yes Commissioner McElyea-yes
Commissioner Cook-yes Vice-Mayor Byrd-yes
Commissioner Hirsch-yes
Regular Meeting 1 May 14 , 1985
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* (At this time
agenda g item 7 (PRESENTATIONS) was addressed. )
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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 .
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Vice-Mayor Byrd opened the public hearing . Hearing no one
speak in favor or opposition, the Vice-Mayor closed the
public hearing .
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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:
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Commissioner Adams-yes Commissioner McElyea-yes
Commissioner Cook-yes Y Vice-Mayor Byrd-yes
Commissioner Hirsch-yes
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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.
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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.
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** 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
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motion passed unanimously.
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Regular Meeting 3 May 14 , 1985
*** (At this time, agenda item 4 .3 was addressed . ) l
4 . RESOLUTIONS
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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
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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
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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
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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 .
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* 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.
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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 .
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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.
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Regular Meeting 6 May 14 , 1985
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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.
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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.
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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.
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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.
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11 .5 Commissioner McElyea seconded the thanks to Deputy City S
- Manager Jewell . !
Regular Meeting 7 May 14 , 1985
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12 . CITIZENS' COMMENTS
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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.
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MA OR-COMMISSIONER
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CIT CLERK-AUDITOR
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x _ Regular Meeting 8 May 14 1985
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
MAY 14 , 1985
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8 :00 P.M.
j• INVOCATION -
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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)
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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)
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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)
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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
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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)
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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 !
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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.
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5 . OCCUPATIONAL LICENSE
5 .1 Mr. Philip M. Rubin for P & H Fireworks , Inc. , for property located
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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
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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.
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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.
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
MAY 14 , 1985
8 :00 P.M.
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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
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9 .1 Request that the probationary period of Department Heads be
extended an 60 additional days . Commissioner Mc Elyea.
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