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HomeMy WebLinkAboutRegular Meeting (73) MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 13, 1983 Invocation by Reverend Van Arsdale Pledge of Allegiance Roll Call : Present: Mayor: ChesteN A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Building Official : Paul Maxwell Police Chief: Rudolf Rigo 1. CONSENT AGENDA Minutes 1.1 August 23, 1983, Regular Meeting Ordinances (First Reading) 1 .4 An Ordinance adopting the annual sewer fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, for the maintenance and carrying on of the sewer department of the City of Dania. 1 .5 An Ordinance adopting the annual fishing pier budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, for the maintenance and carrying on of the fishing pier of the City of Dania. 1 .6 An Ordinance adopting the annual water fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, for the maintenance and carrying on of the water department of the City of Dania. 1.7 An Ordinance approving the plat of "Southbrook #1 Sub- division", the same being that part of the SW; of the SW; of the NE; of Section 34, Township 50 South, Range 42 East, lying East of Federal Highway (U.S. Hwy. No. 1 ) and North of NE 2nd Street, as each is now located, more particularly described, said lands containing 0.3444 acres (15,000 sq. ft. ) more or less; and accepting the dedication for public use of all streets, highways and alleys as shown on said plat of said "Southbrook #1 Subdivision". A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to approve the consent agenda with the exception of items 1.2, 1 .3 and 1 .8. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -1- September 13, 1983 • • Resolutions 1 .2 A Resolution to recognize Leo Polk for his outstanding contribution in the giving of a total of forty gallons of his blood to his fellowmen in their time of need. Commissioner Cook paid tribute to Leo Polk as the number 1 blood donor in the Country and stated that the Resolution will be presented to Mr. Polk on Sep- tember 25, 1983, by Mayor Byrd, at Broward Community Blood Center. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the Resolution recognizing Leo Polk. -The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 1 .3 A Resolution directed to the Governor, the members of the Cabinet, the State Conservation and Recreation Lands Committee, and all other interested parties concerning the acquisition of a parcel of property known as the Posner Tract in Hallandale, requesting that said acquisition be considered as a top priority for acquisition of public use lands; ex- pressing concern for the extremely limited access to public beaches in South Florida. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the Resolution. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Ordinance (First .Reading) 1 .8 An Ordinance entitled "An Ordinance rezoning the following described lands, to wit: Lots 17, 19, 20, 21 and 22, Block 27, Town of Modello (Now Dania) according to the plat thereof, recorded in Plat Book "B", Page 49, of the public records of Dade County, Florida, from zoning classi- fication of RD-6000 to C-3 zoning classification, under the provisions of Ordinance No. 100 of the City of Dania, Florida, as subsequently amended" (129 SW Second Avenue) was read for first reading by Mayor Byrd. Commissioner Cook stated that she had requested item 1.8 be pulled from the consent agenda due to the fact that she has a monetary interest in this item. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to adopt the ordinance rezoning Lots 17, 19, 20, 21 and 22, Block 27, Town of Modello (now Dania) from RD-6000 to C-3 zoning classification on first.reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-no Mayor Byrd-yes Commissioner Donly-yes 2. PUBLIC HEARINGS Resolutions 2.1 A Resolution as required by the City Charter and Section 200.065, Florida Statutes, approving the proposed millage 4 rate necessary to be levied for the fiscal year 1983-84; l' Regular Meeting -2- September 13, 1983 and providing for a public hearing when objections thereto will be heard and questions concerning same will be answered. City Attorney Adler read the Resolution approving the proposed millage rate necessary to be levied for the fiscal year 1983-84. 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 Commissioner Donly, seconded by Commis- sioner Adams to adopt the Resolution setting the millage rate as proposed. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.2 A Resolution as required by the City Charter and Section 200.065, Florida Statutes, approving its tentative annual budget for the fiscal year 1983-84; and providing for a public hearing when objections thereto will be heard and questions concerning same will be answered. City Attorney Adler explained the Resolution and announced that the tentative budget is available to the public at the City Manager's office. Mayor Byrd opened the public hearing. After hearing one citizen speak in opposition, the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Commis- sioner Adams to adopt the Resolution approving the City's • tentative annual bddget for the fiscal year 1983-84 on first reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Ordinances (Second and Final Reading) 2.3 An Ordinance entitled "An ordinance granting a development order for Design Center of the Americas development of regional impact; approving with conditions the application for develop- ment approval for the Design Center of the Americas, establish- ing a process for controlled buildout of the Design Center of The Americas development of regional impact located in a portion of the East 3-2 of the Nld; of Section 33, Township 50 South, Range 42 East, said lands lying in City of Dania, Broward County, Florida" was read for second and final reading by Mayor Byrd. Mayor Byrd opened the public hearing. Jerry Knight was present at this public hearing. In response to a citizen's request, City Manager Marant described the Danto project. Hearing no one speak in favor or opposition, The Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to adopt the ordinance granting a development order for Design Center of the Americas development of regional impact on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -3- September 13, 1983 Special Exceptions 2.4 PZ-38-83, Energy Combustion Corp. , Chris Vitolo, 700 Eller Dr. (continued from August 9, 1983) Michael Styles, representing Energy Combustion Corp. , stepped forward and described the special exception request to erect a waste disposal facility in an IG (Industrial-General ) zoning classification and presented the proposed operation of the Solid Waste Volume Reduction and Resource Recovery Facility (a 3 ton incinerator for Red Bag Hospital Waste) which would be controlled by the Department of Environmental Regulation. Mayor Byrd opened the public hearing. After hearing several citizens speak in opposition, the Mayor closed the public hearing. During discussion, Vice-Mayor Bertino pointed out that: 1) this type of facility would not be compatible with the general devel- opment planned for the area in that general vicinity of Dania; 2) if the special exception were issued, he feared a degeneration of general property value in the area would result; 3) there is the possibility of accidents in transport which could spread infection; 4) F.P.&L. is also regulated by the Dept. of Environ- mental Regulation and already has an incineration problem in that area; and 5) he is of the opinion that incineration should be done at the point of origination, namely the hospitals. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to deny the special exception request by Energy Combustion Corp. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Variances 2.5 PZ-27-83, George A. Sivore, Port Industries, 590 Taylor Road (continued from August 23, 1983) George (Tony) Sivore stepped forward to request a variance to allow a 10 foot side-yard set back on the East side of the property generally located East of the Airport Expansion on Taylor Road in an I-G (Industrial-General ) zoning classification. 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 Commissioner Donly, seconded by Vice-Mayor Bertino to grant the variance request by George A. Sivore subject to proper dedication of 10' utility and road easements to the City of Dania. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.6 PZ-43-83, Dania Chamber of Commerce, 100 W. Dania Beach Blvd. A representative of the Dania Chamber of Commerce stepped forward to request a variance to allow a sign over the permitted 50 sq. ft. , to advertise Dania Businesses and provide free advertisement to local churches and service clubs. He explained that the sign is to be erected on the corner of Dania Beach Blvd. and NW 1st Avenue and that the Chamber plans to dedicate this sign to Luther Sparkman. Mayor Byrd opened the public hearing. Hearing no one speak in opposition and seeing a show of hands in favor, the Mayor closed the public hearing. ;}' Regular Meeting -4- September 13, 1983 • • A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant the variance request by the Dania Chamber of Commerce for the construction of the sign and to waive all deeds required. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.7 PZ-44-83, Christopher Smith d/b/a Creative Workshop, 118 NW Park Street Christopher Smith stepped forward to request a permanent variance on a temporary variance previously granted for a year's duration, to allow an antique car restoration shop i in the old Dania 'grainery. Mayor Byrd opened the public hearing. After hearing one citizen speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Adams to grant the variance request by Christo- pher Smith d/b/a Creative Workshop, for as long as Christopher Smith leases, owns and operates the antique car restoration shop. The motion passed on the following roll call vote: A Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.8 PZ-46-83, Peter A. Signore, 129 SW Second Avenue Peter A. Signore was represented by Mr. A. J. Ryan, Attorney, who explained the three part variance request to allow construction of a retirement home with insufficient parking; to allow nine foot by nineteen foot, sixty degree parking spaces with an eighteen foot aisle width; and to allow building with an insufficient rear set-back. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Cook stated for the record that she has a monetary interest in this item. A. motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant the variance request by Peter A. Signore. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-no Mayor Byrd-yes Commissioner Donly-yes 2.9 PZ-47-83, J & J Car Wash, Inc. , 321 So. Federal Highway City Manager Marant read a letter received from Jeffrey Wolfson of J & J Car Wash Inc. withdrawing the variance request due to community sentiment in opposition to the proposed request. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to accept the withdrawal of the variance request by J & J Car Wash Inc. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -5- September 13, 1983 =�y:r 3. Bids 3.1 Receipt of bids for microfilm recorder and reader/printer. A motion was made by Commissioner Cook, seconded by Commis- sioner Adams to close the receiving of bids for microfilm recorder and reader/printer. The motion passed unanimously. City Manager Marant read the following sealed bids received: Enfields - unit price excluding optional items: $6,010.00 optional document feeder: 1 ,053.00 optional continuous form feeder: 2,237.00 Eastman Kodak - no bid Ace Micrographic Systems Inc. - (2 bids) unit price excluding optional items: $8,742.25 optional continuous form feeder: 915.00 additional film cassette: 240.00 (for Bell & Howell model ) unit price excluding optional items: $4,595.00 keyboard and RS232 interface: 3,850.00 (for Minolta model) Bell & Howell - (2 bids) unit price excluding optional items: $9,758.00 optional continuous form feeder: 970.00 additional film cassette: 257.00 unit price excluding optional items: $4,564.00 including keyboard & RS232 interface: 7,275.00 A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to remand bids received to City Manager Marant for his review and recommendation at the next regular Commission meeting of September 27, 1983. The motion passed unanimously. 4. Site Plans 4.1 SP-07-83, Ralph Brown, 110 Bryan Road Ralph Brown stepped forward to request site plan approval for an additional warehouse at 110 Bryan Road. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant site plan approval to Ralph Brown subject to the conditions set forth in the Planning and Zoning Board's report. The motion passed unanimously. 4.2 SP-08-83, George Olsen, Port Industries, Inc. , 590 Taylor Road George (Tony) Sivore, representing Port Industries, Inc. , stepped forward to request site plan approval to construct warehouses at 590 Taylor Road. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant site plan approval to Port Industries subject to the conditions set forth in the Planning and Zoning Board's report. The motion passed unanimously. 4.3 SP-09-83, Jim Wesley, Budget Rent-a-Car, 1501 No. Fed. Hwy. Jim Wesley stepped forward to request site plan approval for a temporary Rent-A-Car facility at 1501 No. Federal Highway. Regular Meeting -6- September 13, 1983 • 0 A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to grant site plan approval to Budget Rent-a-Car. The motion passed unanimously. 5. Purchases 5.1 Request by Police Department to purchase one Cushman Jeep in the amount of $4,995.00. City Manager Marant described the enclosed parking meter mini-type of vehicle to be used by Beach Aide personnel in lieu of a police car. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to grant the request by the Police Department to purchase one Cushman Jeep in the amount of $4,995.00. The motion passed unanimously. 6. Discussion 6.1 Request by Thomas & Associates, Inc. to operate a haunted house at 900 No. Fed. Hwy: from October 7 through October 31 , 1983. Thomas Harvey stepped forward to describe the request by Thomas & Associates, Inc. to operate a haunted house at 900 No. Federal Highway from October 7 -. 31 , 1983. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Adams to grant the request by Thomas & Associates, Inc. subject to the condition that all requirements set forth by the City's Building Official , City Attorney and City Manager are met. The motion passed unanimously. 6.2 Recommendation regarding industrial & commercial development categories submitted by Dania Industrial Advisory Board. Howard Hirsch, a member of the Dania Industrial Advisory Board, stepped forward to request acceptance of the recommendation submitted for approval . A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to accept the recommendation regarding industrial and commercial development categories submitted by the Dania . Industrial Advisory Board and to commend the Board members for their work. The motion passed unanimously. 6.3 Request adoption of Resolution urging all owners of business interests within the City of Dania to give preferential treat- ment to residents of the City of Dania. Commissioner. Cook introduced Robert Cenami , a member of the Dania Business Association, who read a similar Joint Resolution of the Dania Business Association and the Dania Chamber of Commerce that was passed and adopted on August 31 , 1983. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt a Resolution urging all owners of business interests within the City of Dania to give preferential treat- ment to residents of the City of Dania using the basic language of the Resolution read by Robert Cenami. The motion passed unanimously. 6.4 Request authorization to advertise for public hearing regarding DRI permit for Harbour Towne Marina. Regular Meeting -7- September 13, 1983 r.{ C: , City Manager Marant explained his request for authorization to advertise for a public hearing regarding the DRI permit for Harbour Towne Marina per the requirements of the So. Fla. Regional Planning Council. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Cook to authorize City Administration to advertise for a public hearing regarding the DRI permit for Harbour Towne Marina. The motion passed unanimously. 63 Request to approve acknowledgement of extension of time periods in Houston Park lease relative to project permits to January 1 , 1984. City Manager Marant explained the request by David Graham, heading the marine conversion project at Houston Park, for extension of time periods in the Houston Park lease due to time delays involving permitting stages. A motion was made by Commissioner Donly, seconded by Commis- sioner Cook to approve acknowledgement of time extensions as requested. The motion passed unanimously. 6.6 Designation of voting and alternate voting delegate for 1983 Congress of Cities. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to name Commissioner Cook as Dania's voting delegate for the 1983 Congress of Cities. The motion passed unanimously. A motion was made by Commissioner Donly, seconded by Commis- sioner Cook to name Vice-Mayor Bertino as Dania's alternate voting delegate for the 1983 Congress of Cities. The motion passed unanimously. 6.7 Letter from Broward County dated August 30, 1983, regarding increase in disposal fees. City Manager Marant requested the adoption of a Resolution in opposition to Broward County Board of Commissioners Solid Waste Division's proposed increase in disposal fees and suggested the Resolution be presented to the Broward County Board of County Commissioners prior to their public hearing on the issue scheduled for 10:00 a.m. , September 22, 1983. A motion was made by Vice-Mayor Bertino, seconded by Commis-, sioner Cook to adopt the Resolution as presented by City Manager. The motion passed unanimously. ADDENDUM ITEM: 6.8 Resolution condemning the actions of the Soviet Union in the shooting down of the KAL South Korean commercial jet airliner. After reading the Resolution condemning the actions of the Soviet Union in the shooting down of the KAL South Korean commercial airliner, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the Resolution. The motion passed unanimously. ADDENDUM ITEM: 6.9 Appointment of a Dania City Commissioner to serve on the South Broward Park District Board. A motion was made by Commissioner Donly, seconded by Commissioner Adams to reappoint Vice-Mayor Bertino to serve on the South Broward Park District Board. The motion passed unanimously. r':` Regular Meeting -8- September 13, 1983 I r • 7. Citizens' Comments Pete Prossic stepped forward and complimented City Manager Marant on the article in the newspaper regarding the Pier. 8. Administrative Reports 8:1 City Manager Marant commented on the City's computer system and suggested a possible tour of the system for the Commission. He then commented on abuse of handicapped parking spaces. City Attorney Adler was directed to prepare an Ordinance similar to the County's for possible adoption. City Manager Marant also commented on a letter received from Broward County Mass Transit Division regarding bus shelters. 8.2 City Attorney - no comment. 9. Commission Comments 9.1 Commissioner Adams - no comment. 9.2 Commissioner Cook - no comment. 9.3 Commissioner Donly asked for a progress report from Administra- tion on the Tri Columbia removal project. Commissioner Donly also announced that he will be representing Dania at a conference of small cities on Florida's future and plan of urban growth next month in Tampa. 9.4 Vice-Mayor Bertino - no comment. 9.5 Mayor Byrd proclaimed October 1 and October 2, 1983, as Pioneer Days. A motion was made and seconded to adjourn. The motion passed unanimously. YOR-COMMISSIONER CITY �CLERK-A Regular Meeting -9- September 13, 1983 4;: FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE NAME AGENCY 11 unit or: DATE ON WHICH VOTE OCCURRED COOK DOROTHY JEAN ���MM R R MAILING ADDRESS ❑STATE NAME OF PLh4M M MINUTES OCOUNTY 1ANDAtU�.LI. CITY ZIP COUNTY YYyy TITLE OP PERSO IiECORDtNG MINUTES DANIA 33004 BRONARD UMUNICIPALITY CITY CLERK NAME OF AGENCY SPECIFY DOTTIER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) I 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: 71, ,.2,—,.�,,,✓/J) 7'���P�l 5-�e—�..Gl�.---w �'`r,7-� �, �� 5�5 . '�O`_.c..(_� - - I _ 2. Description of the personal, private, or professional Interest you have In the above matter which Inures to your special private gain or the special private gain of any principal by whom you are retained: 3. Person or principal to whom the special gain described above will inure: a.0" Yourself b.❑ Principal by whom you are retained: (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: FILING INSTRUCTIONS 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 riled merely to Indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises:If you vote,however,the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §113.317 (1979). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINGt IMPEACHMENT.REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION.REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED a5,000. CE FORM 4-REV.12-79 AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 13, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 August 23, 1983, Regular Meeting RECOMMENDATION: Approval Resolutions 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO RECOGNIZE LEO POLK FOR HIS OUTSTANDING CONTRIBUTION IN THE GIVING OF A TOTAL OF FORTY GALLONS OF HIS BLOOD TO HIS FELLOWMAN IN THEIR TIME OF NEED." Commissioner Cook 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, DIRECTED TO THE GOVERNOR, THE MEMBERS OF THE CABINET, THE STATE CONSERVATION AND RECREATION LANDS COMMITTEE, AND ALL OTHER INTERESTED PARTIES CONCERNING THE ACQUISITION OF A PARCEL OF PROPERTY KNO14N AS THE POSNER TRACT IN HALLANDALE, REQUESTING THAT SAID ACQUISITION BE CONSIDERED AS A TOP PRIORITY FOR ACQUISITION OF PUBLIC USE LANDS; EXPRESSING CONCERN FOR THE EXTREMELY LIMITED ACCESS TO PUBLIC BEACHES IN SOUTH FLORIDA; PROVIDING FOR. CONSISTENCY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PRO VIDING FOR AN EFFECTIVE DATE." Commissioner Cook Ordinances (First Reading) 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALU 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, ADOPTING THE ANNUAL FISHING PIER BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE FISHING PIER OF THE CITY OF DANIA, FLORIDA; AND PRO- VIDING 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." 1.6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE'AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR AN EFFECTIVE DATE." 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF 'SOUTHBROOK N1 SUBDIVISION' , THE SAME BEING THAT. PART OF THE SW, OF THE SW; OF THE NE; OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF FEDERAL HIGHWAY (U.S. HIGH14AY NO. 1) AND NORTH OF NE 2ND STREET, AS EACH IS NOW LOCATED, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SW CORNER OF THE NE, OF SAID SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, RUN EAST ALONG THE SOUTH BOUNDARY OF SAID NE, A DISTANCE OF 49 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH ALONG THE EAST RIGHT-OF- WAY LINE OF U.S. HIGHWAY NO. 1 A DISTANCE OF 100 FEET; THENCE RUN EASTERLY BY AN ANGLE FROM SOUTH TO EAST OF 90 DEGREES 10 MINUTES, A DISTANCE OF 150 FEET; THENCE RUN SOUTHERLY BY AN INTERIOR ANGLE OF 89 DEGREES 50 MINUTES, A DISTANCE OF 100 FEET; THENCE RUN WESTERLY BY AN y INTERIOR ANGLE OF 90 DEGREES 10 MINUTES, A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 0.3444 ACRES (15,000 SQ FT) MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF SAID 'SOUTHBROOK H1 SUBDIVISION' ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE4ITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (NE 2 St $ fed) 1.8 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBMODELLOE(NOWNDANIA) ACCORDING TO WIT: STO7THE9PLAT, 21 AND THEREOFF,2RECORDED IN BLOCK , N OF PLAT BOOK "B", PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RD-6000 TO C-3 ZONING CLASSIFICATION, UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCE 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." (129 SW Second Avenue) RECOMMENDATION: Approval 2. PUBLIC HEARINGS: Resolutions 2.1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1983-84; AND PROVIDING FOR-A PUBLIC QUESTIONS HEARING N OBJECTIONS THERETO E HEARD REPEALING ALL AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." 2.2 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 1983-84; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIOSAME NS CONCERNING LUTIONSLINBCONFLI,CTEHEREWIITH; AND AND ING ALL PROVIDINGSFORTANNS OR EFFFECTIVES OF RESO- LUTIONS Ordinances (Second and Final Reading) 2.3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING A DEVELOPMENT ORDER FOR DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT; APPROV= ING WITH CONDITIONS THE APPLICATION FOR DEVELOPMENT APPROVAL FOR THE DESIGN CENTER OF THE AMERICAS, ESTABLISHING A PROCESS FOR CONTROLLED BUILDOUT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT LOCATED IN A PORTION OF THE EAST h OF THE NW;A OF SECTION 331 TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS LYING IN CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF .ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." Special Exceptions 2.4 PZ-38-83, Energy Combustion Corp. , Chris Vitolo, 700 Eller Drive (continued from August 9, 1983) Variances 2.5 PZ-37-83, George A. Sivore., Port Industries, 590 Taylor Road (continued from August 23, 1983) 2.6 PZ-43-83, Dania Chamber of Commerce, 100 West Dania Beach Boulevard 2.7 PZ-44-83, Christopher Smith d/b/a Creative Workshop, 118 NW Park Street 2.8 PZ-46-83, Peter A. Signore, 129 SW Second Avenue 2.9 PZ-47-83, J & J Car Wash, Inc. , 321 South Federal Highway 3. BIDS 3.1 Receipt of bids for microfilm recorder and reader/printer. 4. SITE PLANS 4.1 SP-07-83, Ralph Brown, 110 Bryan Road 4.2 SP-08-83, George Olsen, Port Industries, Inc. , 590 Taylor Road 4.3 SP-09-83, Jim Wesley, Budget Rent-a-car, 1501 North Federal Highway 5. PURCHASES 5.1 Request by Police Department to purchase one Cushman Jeep in the amount of $4,995. 6. DISCUSSION 6.1 Request by Thomas & Associates, Inc. to operate a haunted house at 900 North Federal Highway from October 7 through October 31, 1983. 6.2 Recommendation regarding industrial & commercial development categories submitted by Dania Industrial Board. 6.3 Request adoption of resolution urging all owners of business interests within the City of Dania to give preferential treatment to residents of the City of Dania. Commissioner Cook 6.4 Request authorization to advertise for public hearing regarding DRI permit for Harbour Towne Marina. 6.5 Request to approve acknowledgement of extension of time periods in Houston Park lease relative to project permits to January 1, 1984. 6.6 Designation of voting and alternate voting delegate for 1983 Congress of Cities. 6.7 Letter from Broward County dated August 30, 1983, regarding increase in disposal fees. 7. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or administrative activities not previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policynare welcome. 8. ADMINISTRATIVE REPORTS 8.1 City Manager 8.2 City Attorney 9. COMMISSION COMMENTS 9.1 Commissioner Adams 9.2 Commissioner Cook 9.3 Commissioner Donly 9.4 Vice-Mayor Bertino 9.5 Mayor Byrd _ _ ________ ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE DANIA 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. AGENDA DANIA CITY COMMISSION ADDENDUM SEPTEMBER 13 r 1983 8:00 P.M. DISCUSSION 6.8 RESOLUTION CONDEMNING THE ACTIONS OF THE SOVIET UNION IN THE SHOOTING DOWN OF THE KAL SOUTH KOREAN COMMERCIAL JET LINER. 6.9 APPOINTMENT OF A DANIA CITY COMMISSIONER TO SERVE ON THE SOUTH BROWARD PARK DISTRICT BOARD. ti