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Home My WebLink AboutNULL (135) 1 I MINUTES DANIA CITY COMMISSION REGULAR MEETING i MAY 28, 1985 INVOCATION - JAMES ADAMS ' PLEDGE OF ALLEGIANCE ROLL CALL r Present - Mayor : Jean Cook Vice-Mayor : Chester A. Byrd Commissioners : James Adams Howard Hirsch Charles McElyea City Attorney : Frank Adler Acting City Manager/ City Clerk : Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of May 14, 1985 Regular Commission Meeting 1 .2 Minutes of May 8, 1985 Special Meeting Ordinances ( First Reading ) - none A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda . The motion passed unanimously . 2. PUBLIC HEARINGS Ordinances ( Second and Final Reading) 2 . 1 ( PZ-59-84 ; Plat approval for "Bryan Oaks" plat , property located at 180 Bryan Road, petitioner Jan C . Hansen , 4.20 Acres . ) ( Continued from 5/14/85 Regular Commission Meeting . ) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue the second and final reading of the ordinance approving the plat of Bryan Oaks until the regular Commission meeting scheduled for June 25, 1985 at the petitioner ' s request . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i 2 . 2 (RZ-14-85 ; Rezoning from RD-6000 (duplex ) to C-2 ( Commercial ) property located at 222 SW 2nd Terrace ; petitioner Fay M. E Wishart . ) An Ordinance rezoning All of Lot 1 and Lot 2, less the East 2 feet of Lot 2, Resubdivision of George E . Phi ppen ' s Subdivision, from RD-6000 to C-2 was read for second and } final reading by City Attorney Adler . t i 4 Clarke Walden , Attorney representing the petitioner, stepped ` forward to explain the rezoning request and, with the aid of photographs, described the property as not suitable for residential dwelling . He suggested that if the rezoning to Commercial were approved, a compromise could be reached by the Commission stipulating that a food store not be permitted on the property . Regular Meeting 1 May 28, 1985 1 1 F7 fThe Planning and Zoning Board recommended denial of this rezoning request . Mayor Cook opened the public hearing . Hearing Fay Palmer and several other citizens speak in opposition and Clarke Walden respond, the Mayor closed the public hearing . During discussion , Building Official Maxwell verified that the property does not meet the requirements for duplex construction due primarily to the County ' s widening of t Stirling Road . € A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to continue the second and final reading of the rezoning ordinance until the next regular meeting of June 11 , 1985 and to workshop the item in the interim . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-no * (At this time, agenda items 2 . 8 and 2 . 9 were addressed . ) 2 . 3 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 crossing within the City was read for second and final reading by City Attorney Adler . t City Attorney Adler explained that this ordinance amends the ordinance passed in January, 1985, to conform to Florida Statute 351 .03, subparagraph 3a , which prohibits the sounding of train horns and whistles between 10 : 00 p .m . and 6 : 00 a .m. , making no provision for use of the train engineer ' s discretion . Mayor Cook opened the public hearing . Hearing Kurt Ely and John Bertino speak in opposition to the adoption of an ordinance that would strictly prohibit the sounding of a horn or whistle even in the case of an emergency, the Mayor closed the public hearing . I A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to direct the City Attorney to prepare an ordinance repealing ordinance N01-85 that had been passed on January 22, 1985. The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 2 . 4 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 second and final reading by City Attorney Adler. Mayor Cook opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . f k y Mayor Cook noted the need to clarify the fact that if this k ordinance is passed, the Police and Firemen will pay the EE(additional cost of the amendment to the plan . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to continue the second and final reading I of the ordinance until the next regular Commission meeting of f June 11 , 1985, and to workshop the item in the interim . The Y' motion passed on the following roll call vote : 1 3. Regular Meeting 2 May 28, 1985 I Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes EMERGENCY PUBLIC HEARING ITEMS ; REQUEST PER CITY CLERK . (Continued from May 14, 1985 Regular Meeting . ) Due to the fact that the effective date of this revised budget was May 1 , 1985, a motion was made by Commissioner Hirsch, seconded by Commissioner Adams to declare items 2 . 5, 2 . 6 and 2 . 7 emergency Y items . The motion passed on the following roll call vote : s j Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 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 was read for first and second reading by City Attorney Adler . Mayor Cook opened the public hearing . Hearing Acting City Manager Mullikin explain that these are mid-year revisions based on the first six months ' revenues in response to questions raised by Gloria Daly and Kurt Ely, the Mayor closed the public hearing . A motion was made by Commissioner Adams , seconded by v Vice-Mayor Byrd to pass the ordinance on first reading . The E motion passed on the following roll call vote : Y Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes R. Commissioner McElyea-no € t j A motion was made by Commissioner Adams , seconded by Vice-Mayor Byrd to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : kk Commissioner Adams-yes Vice-Mayor Byrd-yes ti Commissioner Hirsch-no Mayor Cook-yes ` Commissioner McElyea-no 2.6 An Ordinance amending the City ' s Sewer Fund Budget for fiscal [ year 1984-85 to decrease estimated revenues and i appropriations for expenditures from $896, 000 to $829, 000 was ! read for first and second reading by City Attorney Adler . Mayor Cook opened the public hearing . Hearing no one speak j in favor or opposition , the Mayor closed the public hearing. I A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to pass the ordinance on first reading . The I motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes i Commissioner McElyea-yes 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 : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 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 was read for first and second reading by City Attorney Adler . j Regular Meeting 3 May 28, 1985 I Mayor Cook opened the public hearing . Hearing no one speak j in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to pass the ordinance on first reading . j The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes f 6 A motion was made by Commissioner Hirsch, seconded by i Commissioner Adams to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : ! Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes * 2.8 PL-13-85 ; Plat approval "Village Marina" plat ; property located at 1540 Griffin Rd . , petitioner - Craig A . Smith & Associates, (9 .083 acres ) . Mayor Cook announced that the ordinance approving the plat of "Village Marina " was previously passed on second reading with improper advertisement . An ordinance approving the plat of "Village Marina " was read for second and final reading by City Attorney Adler . I Mayor Cook opened the public hearing . Hearing no one speak " 4 in favor or opposition, the Mayor closed the public hearing . Building Official Maxwell explained the Planning and Zoning Board ' s recommendation that the plat be approved contingent upon the right-of-way reservation line requested by the D .O .T . being indicated on the plat , and subject to the approval of the City Engineer . During discussion , it was determined that negotiations between the petitioner and the D .O .T . have not been concluded . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Hirsch to continue the second and final reading of the ordinance to approve the plat of "Village Marina" until the next regular Commission meeting of June 11, 1985 to allow the petitioner time to resolve the D.O .T . request issue . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes * 2 .9 PL-16-85 Plat approval for "300 Sheridan " Plat ; Property located at 300 ( East ) Sheridan St . , Petitioner M . E . Berry II , (4 . 9507 acres ) . Mayor Cook announced that , since the ordinance approving the 1 plat of "300 Sheridan" was previously passed on second reading without being advertised , this reading is necessary for proper adoption . An ordinance approving the plat of "300 Sheridan " was read j for second and final reading by City Attorney Adler . I Mayor Cook opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . { II A motion was made by Commissioner Adams, seconded by L Vice-Mayor Byrd to adopt the ordinance approving the plat of 300 Sheridan on second and final reading . The motion passed on the following roll call vote : ' Regular Meeting 4 May 28, 1985 -, Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-no 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 . ( Continued from May 14, 1985 Regular Commission Meeting ) t Paul Alfieri , representing Marine Conversions, Inc . stepped I forward to request site plan approval for the Harbor Towne Marina Project . Building Official Maxwell stated that all the recommendations of the P&Z Board have been satisfied . During discussion of the Harbor Towne/Houston Park Project, Mr . Alfieri verified that, as discussed at the workshop meeting that was held, construction of the Civic Center and the extension of Tugboat Annie ' s will start simultaneously and it is anticipated that the Civic Center will be completed before the restaurant . I David Zelk, Architect for Marine Conversions, Inc . , responded to the Commissioners ' questions re square footage of the Civic Center ; 8500 sq . ft . of air conditioned space and approximately 120 ' x 20-25 ' decking , excluding landscape area . A motion was made by Commissioner Hirsch , seconded by Commissioner Adams to grant site plan approval to Marine Conversions, Inc . for SP-09-85. The motion passed on the following roll ca11 vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes ADDENDUM ITEM : I 3 .2 Civic Center floor plan approval ; Harbor Towne/Marine ^� Conversions, Inc . I Paul Alfieri described the features of the Civic Center . It was established that a sound system and a fully equipped kitchen is included , and that the City will furnish and I operate the facility . David Zelk estimated the completion date of the Civic Center as June, 1986, and the Restaurant/Fishermen ' s Village Facility as July, 1986 . A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to grant approval to proceed with the construction drawings in compliance with the Civic Center floor plan as presented, with the provision that all plans and governmental agencies have been satisfied . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes ** (At this time, agenda item 4 .3 was addressed . ) 4 . RESOLUTIONS 4 . 1 ( Continued from May 14, 1985 Regular Commission Meeting . ) L The title of a 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 was read by Mayor Cook . Regular Meeting 5 May 28, 1985 F-1 Mayor Cook opened a public hearing on this item . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to adopt the Resolution to amend the City ' s 1984-85 Federal Revenue Sharing Fund Budget . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .2 ( Continued from May 14, 1985 Regular Commission Meeting . ) The title of a 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 was read by Mayor Cook . Mayor Cook opened a public hearing on this item . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to adopt the Resolution to amend the City ' s 1984-85 General Fund Budget . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes ** 4 . 3 ( Continued from May 14, 1985 Regular Commission Meeting . ) A 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 Resolution No . 63 approving further modification to said Development Order passed and adopted on 11/15/83 was read by City Attorney Adler. Paul Alfieri explained the need to amend the development order to bring it into compliance containing the improvements that are on the newly approved site plan . He described the following changes to the site plan as approved : removed the tennis courts ; enlarged the boat repair yard ; shortened boat basin ; addition of boat support shops ; changed configuration of the boat storage shed ; changed configuration of mangrove replant area ; and modified driveways and parking areas . He said that preliminary approval of the South Florida Regional Planning Council has been received that these are not substantial deviations to the original D .R . I . Mayor Cook opened a public hearing on this item. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Adams , seconded by Vice-Mayor Byrd to adopt the Resolution amending the development order . The motion passed on the following roll call vote : i Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes 1 5 . OCCUPATIONAL LICENSE - none 6. BIDS - none Regular Meeting 6 May 28, 1985 i i 7 . PURCHASES I 7 . 1 Request to use Forfeiture Money to purchase 5 speaker microphones for HT 220 Radios @ $100.68 each, from Motorola Co . A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to authorize the purchase as requested . The motion passed unanimously . 7 .2 Request for $ 1, 610.25 to replenish Investigative Account . ' A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to authorize the replenishing of the Investigative Account as requested . The motion passed unanimously. 8. APPOINTMENTS ADDENDUM ITEM : 8 . 1 Appointment of New City Manager. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt a resolution appointing Deputy City Manager Eugene Jewell to the position of City Manager to serve at his current salary until the 1985-86 budget is discussed . During discussion of the motion , Commissioners Adams and McElyea expressed confidence in Mr . Jewell ' s abilities based on past performance . Mayor Cook also expressed respect for # his capabilities, but voiced concern about Fire Chief Jewell ' s pension benefits . Commissioner Hirsch stated that he had already discussed the matter with Mr . Jewell . Vice-Mayor Byrd agreed as to Mr . Jewell ' s capabilities, but objected to the abrupt change of plans foregoing the national search previously agreed upon . Mayor Cook questioned the propriety of the procedure and spoke in favor of adding Chief Jewell ' s name to the list and proceding with review of applications in workshop . After further discussion and clarification of the motion , the question was called . The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Byrd-no Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes 9. DISCUSSION - none 10 . ADMINISTRATIVE REPORTS 10. 1 Acting City Manager Mullikin thanked the Commissioners for their vote of confidence in appointing her as Acting City Manager . She reminded the Commissioners that workshops needed to be set before the June 11th meeting as called for in items 2. 2 and 2 . 4 . A workshop was scheduled for June 5, 1985, at 6 : 30 p .m . to discuss rezoning request RZ-14-85 and the ordinance to amend the Police and Firefighters ' pension plan . 10. 2 City Attorney Adler advised the cancellation of the workshop scheduled for review of City Manager applications . ; I i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to cancel the workshop scheduled for May 29, 1985 . The motion passed . Regular Meeting 7 May 28, 1985 _ I 11 . COMMISSION COMMENT i 11 . 1 Mayor Cook announced that the Planning and Zoning Board and the City Planner requested a workshop meeting with the Commission to discuss the City and industrial development . It was agreed to schedule the workshop for June 5, 1985, at 7 : 30 p .m . 11 . 2 Vice-Mayor Byrd requested City Attorney Adler to bring the resolution on impact fees for review at the workshop scheduled for June 5th . Mayor Cook also requested that City Attorney Adler bring the resolution on the moratorium on mobile home parks to the same workshop . i 11 . 3 Commissioner Adams - no comment . r 11 . 4 Commissioner Hirsch commented in favor of evening workshops so that more people can attend . 11 . 5 Commissioner McElyea commended the Police and Fire Departments for their efficient action during the recent i chlorine leakage emergency evacuation . Mayor Cook also commended Commissioner McEl yea for his participation in transporting during the evacuation . ; i 12 . CITIZENS ' COMMENTS i _ No verbal or written requests for citizens ' comments for this night ' s meeting were received . This Regular Commission Meeting was then adjourned . i L_d, MISI N • � p i r r i Regular Meeting 8 May 28, 1985 r r a AGENDA E' DANIA CITY COMMISSION REGULAR MEETING MAY 28 , 1985 8 :00 P.M. e INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 1 1 • CONSENT AGENDA Minutes 1 .1 Minutes Of May 14 , 1985 Regular Commission Meeting 1 .2 Minutes of May 8, 1985 Special Meeting Ordinances (First Reading) - None 1 j2 • PUBLIC HEARINGS Ordinances (Second and Final Reading) a 2 .1 (PZ-59-84; Plat a „ 1 i 180 Bryan Road approval for Bryan Oaks' plat, property AN ORDINANCE , Petitioner Jan C. Hansen, 4.20 Acres. ) y located at INANCE OF THEOF DANIA,, OF "BRYNW 1 S" , SAME THE NORTH 295 FLORIDA, APPROVING THE PLAT T THE /4 OF THE SE 1/4 OF SECTION 33 , FTOWN3HIPHSOESOUTH60 FEET OF EAST; SAID LANDS LYING IN DANIA, BROWARD COUNTY , RANGE 42 ACCEPTING THE DEDICATION FOR PUBLIC USE, OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "BRYAN OAKS"; A FLORA AND ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS IOR PARTS f OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO SUCH CONFLICT,- AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from May 14, 1985 Regular Commission Meeting) THE EXTENT OF 2 .2 (RZ-14-85; Rezoning from RD-6000 (duplex f property located at 222 SW 2nd Terrac - ) to C-2 (Commercial) AN ORDINANCE OF THE CITY OF D • petitioner Fa j DESCRIBED LANDS DANIA, FLORIDA y M. 11HE LLOWIN. :r....f EAST 2 FEET OF , TO-WIT- ALL LOT 1 AND �ALL ZOFI LOT T2 ,, LESS THESUBDIVISION LOT 2 ON OF GEORGE E. PHIPPEN'S r ACCORDING TO THE. PLAT THEREOF, RECORDED IN PLAT BOOK � 35 , PAGE 4 , PUBLIC RECORDS j SITUATE LYING AND BEING OF BROWARD COUNTY, FLORIDA, SAID LANDS OF FLORIDA, FROM ZONING CLASS IFICATION THETRD-6000N TO , CB20ZONIINGOUNTY, CLASSIFICATION UNDER THE PR OF DANIA, AS S OVISIONS OF ORDINANCE N0. UBSEQUENTLY AMENDED; 100 OF THE CITY 1 VORIPARTSNG AOFARESOLLL O ES TIONS i IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND OR PARTS OF ORDINANCES AND ALL RESOLUTIONS PROVIDING FOR AN EFFECTIVE DATE. i 1 OF 6 I { 2 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 25 OF 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 CONFORM TO FLORIDA STATUTE 351 .03 ( 3) (a) WHICH WOULD PROHIBIT THE SOUNDING OF TRAIN HORNS AND WHISTLES SOLELY IN ADVANCE OF ANY PUBLIC AT-GRADE CROSSING WITHIN THE. CITY AND TO DELETE SUBSECTION (3) THEREOF IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE , REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . 2 .4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 132 AS PASSED AND ADOPTED ON FINAL READING ON FEBRUARY 22 , 1977, BY CHANGING THE NORMAL RETIREMENT DATE TO AGE 55 WITH TEN YEARS OF CONTINUOUS 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 60% AND BY RAISING THE NON-SERVICE INCURRED DISABILITY BENEFIT FROM 30% OF AVERAGE MONTHLY EARNINGS TO 40% AFTER f 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 j 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 i ON FINAL READING. EMERGENCY PUBLIC HEARING ITEMS; REQUEST PER CITY CLERK. 2 .5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR °k 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 j 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. (Continued from May 14, 1985 Regular Meeting) I 2 OF 6 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. (Continued from May, 14, 1985 Regular Meeting) 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 EXPENDIUTRES FOR THE FISCAL YEAR 1984-85 TO DECREASE SAID WATER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS 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 . (Continued from May 14, 1985 Rgular Commission Meeting) 2 .8 PL-13-85; Plat approval "Village Marina' plat; property located at 1540 Griffin Rd. , petitioner - Craig A. Smith & Associates. (9.083 acres) . AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "VILLAGE MARINA" , SAME BEING A PORTION OF TRACT 1 , BLOCK 3 , TRACT 12 , BLOCK 4 AND A PORTION OF THE 20 .00 FOOT PLATTED ROAD RIGHT-OF-WAY, LYING BETWEEN SAID TRACTS, THE, MARSHALL EVERGLADES LAND COMPANY SUBDIVISION OF SECTION 28 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 , PAGE 98 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE NORTH O1 DEGREES 42 ' 28" WEST, ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION, 145 .77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 25 ' 47" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (AS _.,.A DESCRIBED IN ORDER OF TAKING CASE ACTION NO. 80-18609 , DATED MARCH 3RD, 1981 ) , A DISTANCE OF 204 . 72 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE SOUTHEAST, HAVING A i RADIUS OF 250 .00 FEET, A DELTA OF 18 DEGREES 30 ' 15" , AN ARC ! DISTANCE OF 80 .74 FEET; THENCE TANGENT TO SAID CURVE SOUTH 68 DEGREES 55 ' 32" WEST, 110 .00 FEET; THENCE SOUTHWESTERLY ALONG THE ! ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTHWEST, HAVING A i i RADIUS OF 210 .00 FEET, A DELTA OF 20 DEGREES 56 ' 1711 , AN ARC DISTANCE OF 76 .74 FEET TO A POINT OF COMPOUND CURVATURE; THENCE j NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING CONCAVE TO THE. NORTHEAST, HAVING A RADIUS OF 2 ,213 . 33 FEET, A DELTA OF 02 DEGREES i � 39 ' 26" , AN ARC DISTANCE. OF 102 .65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2 ,370 .33 FEET, A DELTA OF 02 DEGREES 35 ' 10" , AN ARC DISTANCE OF 106 .99 FEET TO A POINT ON (Continued. . . ) I � j 3 OF 6 I. 1 i \ I (Continued from page 3) THE WEST BOUNDARY OF SAID TRACT 1 (THE LAST SIX ( 6 ) COURSES DESCRIBED BEING COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE) ; THENCE NORTH 01 DEGREES 39 ' 43" WEST, ALONG SAID WEST BOUNDARY, 565.65 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 ; THENCE NORTH 87 DEGREES 31 ' 58" EAST, ALONG THE NORTH BOUNDARY OF SAID TRACT 1 , A DISTANCE OF 661 .97 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1 ; THENCE SOUTH 01 DEGREES 42 ' 28" EAST, ALONG THE FAST BOUNDARY OF SAID TRACT 1 , A DISTANCE OF 146 FEET, MORE OR LESS, TO A POINT ON A NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY BANK OF THE DANIA CUT-OFF CANAL, AS DESCRIBED IN OFFICIAL RECORDS BOOK 12044 , PAGE 809 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH f 38 DEGREES 27 ' 16" EAST, ALONG SAID SOUTHWESTERLY BANK, 197 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL THREE, AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK; THENCE SOUTH 09 DEGREES 45 ' 47" WEST, 7 FEET, MORE OR LESS , TO THE NORTHEAST CORNER OF PARCEL TWO, AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK; THENCE SOUTH 37 DEGREES 25 ' 14" EAST, ALONG SAID SOUTHWESTERLY BANK , 183 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL TWO; THENCE. SOUTH 62 DEGREES 22' 40" WEST, ALONG THE SOUTH BOUNDARY OF SAID PARCEL TWO, III FEET, MORE OR LESS; THENCE SOUTH 87 DEGREES 25 ' 02" WEST ALONG SAID SOUTH BOUNDARY, AND ITS WESTERLY EXTENSION, 115 .78 FEET TO A POINT ON SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE SOUTH 01 DEGREES 42 ' 28" EAST, ALONG SAID QUARTER SECTION LINE, 10 .56 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 9 .354 ACRES MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "VILLAGE MARINA" ; 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. 2 .9 PL-16-85 Plat approval for "300 Sheridan Plat; Property located at 300 (East) Sheridan St. , Petitioner M.E. Berry II, (4.9507 acres) . AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "300 SHERIDAN" , SAME BEING THE E 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 3 , TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE SOUTH 50 FEET THEREOF FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE, LYING AND BEING IN THE. CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4 .9507 ACRES (215 ,651 SQ. FT. ) MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "300 SHERIDAN" ; 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. 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 . . (Continued from May 14 , 1985 Regular Commission Meeting) i 4 OF 6 r I � J 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. (Continued from May 14, 1985 Regular Commission Meeting) 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. (Continued from May 14, 1985 Regular Commission Meeting) 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 RESOLUTION NO. 387 PASSED AND ADOPTED ON MARCH 24 , 1981 AND FURTHER AMENDED BY RESOLUTION NO. 63 APPROVING FURTHER MODIFICATION TO SAID 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 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . (Continued from May 14 , 1985 Regular Commission Meeting) 5 . OCCUPATIONAL LICENSE - None T ' 6 . BIDS - None j 7 . PURCHASES 7 .1 Request to use Forfeitue Money to purchase 5 speaker microphoenes for HT 220 Radios @ $100 .68 each, from Motorola Co. 7 .2 Request for $1 , 610 .25 to replenish Investigative Account. 8 . APPOINTMENTS - None 9 . DISCUSSION - None 10 . ADMINISTRATIVE REPORTS 10 .1 City Manager 10 .2 City Attorney 5 OF 6 i i 11 . COMMISSION COMMENT 11 .1 Mayor Cook 11 .2 Vice Mayor Byrd 11 .3 Commissioner Adams 11 .4 Commissioner Hirsch 11 .5 Commissioner Mc Elyea 12 . CITIZENS ' COMMENTS - Comments by Dania Citizens or interested i parties that are not a part of the regular agenda should be given in j writing or communicated verbally prior to 4 :00 p.m. the second (2nd) and I fourth (4th) Tuesdays of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting . "Emergencies may be given to the Mayor, a City commis si beginning of the meeting . oner or the City Manager prior to the ------- ___________________ 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 i i I i r i t I I i 6 OF 6 1� t ^, i i j ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MAY 28, 1985 8 :00 P.M. E P t { 3 . SITE PLAN 3 .2 Civic Center floor plan Inc. p approval; Harbor Towne/Marine Conversions, f 8 . APPOINTMENTS 8 .1 Appointment of New City Manager . I I i i I i i I ' i I I 1 I i I 1 I 1 I I I 1 I 1 I 1 i i 1 � l 1Y 4�