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Home My WebLink AboutNULL (140) i MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 9 , 1985 INVOCATION - COMMISSIONER JAMES ADAMS PLEDGE OF ALLEGIANCE ROLL CALL Present - Mayor: Jean Cook Vice-Mayor: Chester A. Byrd Commissioners: James Adams Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell i City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official: Paul Maxwell i i 1 . CONSENT AGENDA Minutes 1 .1 Minutes of June 25 , 1985 Regular Commission Meeting Ordinances ( First Reading) i 1 .2 An ordinance amending Section 5.15 of Chapter 28 of the 1980 City Code of Ordinances to provide for the construction of dwelling units on platted lots less than sixty (60 ) feet in 1 width was read for first reading by City Attorney Adler. l 1 .3 An ordinance amending Ordinance No. 268 as amended by Ordinance No. 20-84 , by correcting a scrivener' s error at paragraph 8 of Section 15 thereof to reflect the proper Florida Statute was read for first reading by City Attorney Adler. l 1 .4 ( R2-33-85 , Rezoning request from RD-6000 (Duplex) to C-3 (Commercial) ; Petitioner/Owner - Thomas E. Esposito, Trustee. Property located at 701 N. Fed. Hwy. , W/o F.E.C. Railroad, N/o Dania Cutoff Canal , containing 2 .58 acres+) An ordinance rezoning the E 200 ' of the W 350 ' of the E 3/4 of the S 1/2 of the NE 1/4 of the NW 1/4 of Sec. 34 , Township 50S , Range 42E , less the S 100 ' thereof, containing 112 ,349 sq. ft. , from RD-6000 to C-3 was read for first reading by City Attorney Adler. 1 . 5 (PL-37-85, Plat Approval request for "Waterway Marina" Plat ( 1 .72 acres+) , Petitioner - M .E. Berry II , Owner - Pag Brothers, Inc. ; 1400 block of Old Griffin Rd . , located on the S/s of Old Griffin Rd . , E/o the C-10 Canal , N/o the FPL Right of Way. ) f ! An ordinance approving the plat of "Waterway Marina" was read 1 L for first reading by City Attorney Adler. 1 .7 (PL-40-85 , Plat Approval request for "Governor Dan' s Plat Number 1 " (0 .88 acres+) , Petitioner - Charles S. Dale, Jr. , Owner - First American Service Corp. ; located at the SE Regular Commission Meeting 1 July 9 , 1985 J f corner of the intersection of U .S .#1 and SE 7th St . , 701 S . j Fed. Hwy. ) An ordinance approving the plat of "Governor Dan' s Plat Number 1" was read for first reading by City Attorney Adler. 1 .8 (LU-47-85 , Land Use Plan Amendment to amend the City of Dania I i Land Use Plan to include previously annexed land ( area t jbetween Seaboard Railroad and Ravenswood Road) at the same 3 Land Use designations as the Unincorporated Area Land Use 3 Plan, and to request the Broward County Planning Council to j amend the boundary of Flex Zones 58 , and 83 so that the new boundary coincides with the Dania City Limits , Petitioner - City of Dania) r An ordinance amending the land use plan of. the City of Dania was read for first reading by City Attorney Adler. Per State Statute, Mayor Cook announced the second and final reading of this ordinance to be on July 23 , 1985 . e A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the consent agenda, with the exception of items 1 .6 and 1 .9 . The motion passed on the following roll call vote: F Commissioner Adams-yes Vice-Mayor Byrd-yes p Commissioner Hirsch-yes Mayor Cook-yes jCommissioner McElyea-yes j (Pulled from Consent Agenda) t 1 .6 (PL-38-85, Plat Approval request for "Stirling Industrial I Park" Plat (4 .8 acres+) , Petitioner - M.E. Berry II , Owner Pag Brothers, Inc . ; located W/o SW llth Ave. & approx. 650 ' N/o Stirling Rd. , bound on the West by the C-10 Canal and on the North by West Dania Beach Blvd . extended, located N/o NE 1200 block of Stirling Rd. ) i An ordinance approving the Plat of "Stirling Industrial Park" was read for first reading by City Attorney Adler. Mayor Cook declared that she has a financial interest in this item. A motion was made by Vice-Mayor Byrd, seconded by y Commissioner Adams to approve the ordinance approving the Plat of "Stirling Industrial Park" on first reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-abstain Commissioner McElyea-yes 1 .9 An ordinance amending Chapter 8 of the City Code to create Section 8-98 establishing an Interim General Services Fee was read for first reading by City Attorney Adler. i During discussion of the per unit fee, it was determined that Sec. 8-98 , paragraph d) reads "$41 .00 per unit" in error and will be corrected to read "$35 .00 per unit" before the second and final reading of the ordinance. A motion was made by Commissioner Hirsch, seconded by j Vice-Mayor Byrd to approve the ordinance establishing an Interim General Services Fee on first 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 Regular Commission Meeting 2 July 9 , 1985 ' � 1 � d i 2. PRESENTATIONS - None 3 . BIDS i 3 .1 Request to add to list of approved surplus items declared for auction, 1 Savin Model 770 Copy Machine. A motion was made by Vice-Mayor Byrd, seconded by Commissioner Hirsch to declare the Savin Model 770 Copy Machine surplus and add it to the list of approved surplus items declared for auction. 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 . PUBLIC HEARINGS Ordinances (Second and Final Reading) 4 .1 An ordinance repealing ordinance #01-85 passed and adopted on January 22 , 1985 , and known as the "Train Whistle Ordinance" was read 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. A motion was made by Commissioner Adams to deny the passage of the ordinance to repeal the "Train Whistle Ordinance" and seconded by Vice-Mayor Byrd for purposes of discussion. After discussion, the motion to deny failed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Byrd-no Commissioner Hirsch-no Mayor Cook-no Commissioner McElyea-no ,a. A motion was then made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance to repeal the "Train Whistle Ordinance" on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-no Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .2 PL-13-85 ; Plat approval "Village Marina" plat; property located at 1540 Griffin Rd. , petitioner - Craig A. Smith & Associates , (9 .083 acres) . An ordinance approving the Plat of "Village Marina" was read for second and final reading by City Attorney Adler. Building Official Maxwell reported that the D.O.T. right-of-way request issue has been resolved and that all is 1 in order. i j Mayor Cook opened the public hearing. Hearing no one speak it favor or opposition, the Mayor closed the public hearing. A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to adopt the ordinance approving the Plat of "Village Marina" 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 Regular Commission Meeting 3 July 9 , 1985 Variances 4 .3 VA-25-85; A variance is requested to erect a 13 ' high masonry wall on the North side of the property located at 1327 S . Federal Highway, Petitioner/Owner - A. Andreen. Mayor Cook announced that this is the second hearing of this variance request necessitated by the fact that the notices of j public hearing had not been mailed to the property owners and apologized for the oversight. A representative of the petitioner stepped forward to repeat the variance request and explained that the variance to erect the wall has been requested to conceal the unsightly and poorly maintained rear of Tark ' s Restaurant. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner McElyea , seconded by Commissioner Adams to grant the variance to A. Andreen to allow the 13 ' high masonry wall with the provision that there will be no signs on the wall and that both sides of the wall will be properly painted and maintained. 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 5 . VACATION REQUEST 1 5 .1 Request by Thomas E . Esposito for vacation of street right of way and waiving of replatting of property. Property location "portion of NW 4th Ave. " i Thomas E. Esposito, "Ves" Construction, stepped forward to explain that he is petitioning for vacation of a portion of n. NW 4th Avenue and requested waiving of the replatting requirement in conjunction therewith. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant the request of Thomas Esposito and waive the replatting procedure. 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 A motion was then made by Commissioner Hirsch, seconded by Commissioner Adams to refer the vacation request to the Planning and Zoning Board. The motion passed unanimously. ADDENDUM ITEM: 5 . 2 Request by McLaughlin Engineering Company for vacation of right-of-way and waiving of replatting of property. (Property location - 600 Taylor Lane) . j Bob McLaughlin stepped forward to explain the petitioner' s { request for vacation of a 30 ' portion of a utility easement i and requested waiving of the replatting requirement in conjuction therewith . ` A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to grant the request of McLaughlin L Engineering Company and waive the replatting procedure. The motion passed on the following roll call vote: i f I Regular Commission Meeting 4 July 9 , 1985 r Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes A motion was then made by Commissioner Adams , seconded by j Vice-Mayor Byrd to refer the vacation request to the Planning and Zoning Board. 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 6 . RESOLUTIONS 6 .1 The title of a Resolution endorsing the formation of a State Commission of Investigation was read by Mayor Cook. Mayor Cook explained that the concept of a State Commission to investigate organized crime and corruption was endorsed by the Broward County League of Cities . A motion was made by Commissioner Hirsch , seconded by R Commissioner McElyea to adopt the resolution. 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 6 .2 The title of a Resolution authorizing the City Clerk-Auditor to invest and withdraw City funds in and from the State Pool administered by the State Board of Administration was read by Mayor Cook. i City Attorney Adler recommended joining the State Pool . A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to adopt the resolution. 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 ADDENDUM ITEMS: 6 .3 The title of a Resolution authorizing the execution of an agreement between the City and Broward County providing for funding and administration of Community Development Block Grant Projects was read by Mayor Cook. Michael Smith, Block Grant Coordinator, described the agreement providing for the loth year Block Grant Program. A motion was made by Vice-Mayor Byrd , seconded by Commissioner Adams to adopt the resolution. 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 + 6 .4 The title of a Resolution appointing Frank C. Adler City Attorney was read by Mayor Cook , Ii A motion was made by Commissioner Hirsch, seconded by L Commissioner McElyea to adopt the resolution. The motion I passed on the following roll call vote: i h i Regular Commission Meeting 5 July 9 , 1985 i Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 6 .5 The title of a Resolution appointing Paul Maxwell Building Official was read by Mayor Cook. A motion was made by Commissioner Hirsch, seconded by I Commissioner Adams to adopt the resolution. 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 r 6 .6 The title of a Resolution appointing Wanda Mullikin City Clerk-Auditor was read by Mayor Cook. A motion was made by Commissioner Adams , seconded by Commissioner McElyea to adopt the resolution. The motion passed on the following roll call vote: r Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes p i 6 .7 The title of a Resolution appointing Michael Smith Personnel Director was read by Mayor Cook. i A motion was made by Commissioner Hirsch , seconded by ' - Vice-Mayor Byrd to adopt the resolution. The motion passed on the following roll call vote: a Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 7 . OCCUPATIONAL LICENSE r 7 . 1 Mr. Joseph Bodkin for Daley-Hodkin Corp. , 534 Broad Hollow E Road, Melville, NY; Requests an Auctioneer' s License, to i auction boat at Harbor Town Marina, 1000 NE 3rd St . on the 19th of July, 1985 . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Hirsch to grant the one-day occupational license to Daley-Bodkin Corp. 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 B . EXPENDITURE APPROVALS - None 9 . APPOINTMENTS 9 . 1 Appointment of a Municipal Representative to serve as a f delegate for the Election Meeting of the Committee for I Community Development. Election to be held Thursday, July f 18 , 1985 at 3 : 30 P.M. at the Governmental Center. fA motion was made by Commissioner Hirsch, seconded by { Commissioner Adams to appoint Vice-Mayor Byrd as Dania' s ` Municipal Representative to the Committee for Community I , Development. The motion passed on the following roll call L vote: 0 i I Regular Commission Meeting 6 July 9 , 1985 I j Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes I 10 . DISCUSSION - None i 11 . ADMINISTRATIVE REPORTS 3 � i 11 . 1 City Manager Jewell commented on the need for the Commission to hold a Special Meeting on July 25th at 8 :00 p .m. for the purpose of receiving bids for the work to be done on the Community Development Block Grant Project, due to the deadline date for the expenditure of the funds . A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to hold a Special Commission Meeting on July 25 , 1985 , at 8 :00 p.m. The motion passed unanimously. 11 .2 City Attorney Adler - no comment . 12 . COMMISSION COMMENT 12 .1 Commissioner Adams - no comment . 12 .2 Commissioner Hirsch - no comment . i 12.3 Commissioner McElyea commented on why the appointments of the Acting Fire Chief and Police Chief were not on the agenda, and expressed displeasure with the Police Chief and with the fact that the Acting Fire Chief ' s office is not yet located i at the fire station. w Mayor Cook referred the matter to the City Manager for action . 12 . 4 Vice-Mayor Byrd - no comment. i t 12 .5 Mayor Cook commented on Personnel Director, Michael Smith' s response to her inquiry regarding recruitment and advertisement policies , which response indicated compliance with Equal Employment Opportunity standards . f 13 . CITIZENS' COMMENTS 13 . 1 Request by W.P. Brook to speak in reference to poor service by Florida Power & Light. I William P. Brook stepped forward to comment on potential hazards to the citizens of Dania in this hurricane season because of F.P.& L. ' s failure to maintain the condition of its telephone poles and transformer leads. He reported the locations of several telephone poles that are in poor condition and need of replacement . i The matter was referred to City Manager Jewell, who said he would call Mr. Hopgood and set up a meeting with F.P.& L. as soon as possible. i This Regular Commission Meeting was then adjourned. i { MAY -COMMISSIONER � � I CITY CLERK-AUDITOR 1 Regular Commission Meeting 7 July 9 , 1985 r FORRPO�l MECORANDUM OF VOTIN C(" LICT l \ST IF vIRRSTNA ME— LE NAAIE .C/ -� Y�� THE BOARD, COUNCIL,COM MISSION, AUTHORITY, OR COM Mrri[E ON VI11I ING ADD SS �f WHICH I SERVE IS A UNIT OF: e�- ('III �T t' ❑COUNTY ❑OTHER LOCAL AGENCY ❑ST'ATE/ \ �COUh'TY j4l2r_G2-- a �!IA11 11\ W IIH it VOTE OC'C'l!RRE�1� NAME OF POLIIICAI.SUBDIVISION OR 5'rATE AGENCY j O _— .—.--_---___ \I II UI HO\R1).000NCIL.COM M ISSION,A 11'I HOR I I Y.OR CO M M I ri1'E I I i WHO MUST FILE FORM 4 this form is for use by any person serving on either an ap pointed or elected board, council, commission, authority, or committee, A Nether state Or local, and it applies equally to members of advisory and non-advisory hadies who are faced with a voting conflict or I W tclest. %+the\oting conflict requirements for public officers at the local level differ front the requirements for state officers,this form is dividedd :Hto tw o parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.), while PART B prescribed Ior all other boards, i.e., those at the state level. PAR r C of the form contains instructions as to when and where this form must be filed, I 1 ; PART A i VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Sapp. 1984).] s I he Code of Ethics for Public Officers and Employees PROHIBITS each municipal, counrv, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from I knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict. I P"!nRTOTHE VOTE BEING TAKEN b f y publicly stating to the assembly the velure of his interest in the matter on which he i,abstaining from voting;and 'hl WI THIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this pan below. ' i NOTE. Commissioners of a Community Redevelopment Agency created ordesignated pursuant to Section 163.356or Section 163.35'. Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from young. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on __ — 19 5J, / ,it I abstained from voting on a matter which(check one): L_inured to my special private gain; or —__-.inured to the special gain of ------ , by whom I :nn retained. AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 9 , 1985 8: 00 P.M. i INVOCATION { PLEDGE OF ALLEGIANCE ROLL CALL 1. CONSENT AGENDA Minutes + 1. 1 Minutes of June 25, 1985 Regular Commission Meeting Ordinances (First Reading) 1. 2 AN ORDINANCE OF THE CITY OF DANIA , FLORIDA, AMENDING SECTION 5. 15 OF CHAPTER 28 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF DWELLING UNITS ON PLATTED LOTS LESS THAN SIXTY (60 ) FEET IN WIDTH; 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 E SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1. 3 AN ORDINANCE, OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE ' NO. 268 AS AMENDED BY ORDINANCE NO. 20-84 , BY CORRECTING A " SCRIVENER'S ERROR AT PARAGRAPH 8 OF SECTION 15 THEREOF TO REFLECT THE PROPER FLORIDA STATUTE; AND PROVIDING THAT ALL ORDINANCES OR y- 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. F i 1.4 RZ-33-85 - A Rezoning request from RD-6000 (Duplex) to C-3 (Commercial) ; Petitioner/Owner - Thomas E. Esposito, Trustee. Property located at 701 N Federal Highway, West of F.E.C. Railroad, North of Dania Cutoff Canal, containing 2.58 acres more or less. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE ! FOLLOWING DESCRIBED LANDS , TO-WIT: THE EAST 200. 00 FEET OF THE WEST 350.00 FEET OF THE E 3/4 OF THE S 1/2 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, LESS THE f SOUTH 100. 00 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN 1 THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 112,349 SQUARE FEET ( 2. 579 ACRES ) MORE OR LESS , FROM ZONING CLASSIFICATION OF RD-6000 TO C-3 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 THEE, EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1 OF 6 I 1 .J I r 1 . 5 PL-37-85 - A Plat Approval Request for "Waterway Marina' Plat (1. 72 acres more or less) , Petitioner - M.E. Berry II, Owner - Pag Brothers, Inc. ; 1400 block of Old Griffin Road, located on the South side of Old Griffin Rd. , East of the C-10 Canal, North of the FPL Right Of Way. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "WATERWAY MARINA" , SAME BEING A PORTION OF THE SF, 1/4 OF THE NE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY OF CANAL C-10 AS SHOWN ON THE CENTRAL AND SOUTH FLORIDA FLOOD CONTROL DISTRICT MAP OF CANAL C-10 RIGHT-OF-WAY, DATED FEBRUARY 22 , 1974 , WITH THE NORTH LINE OF THE SE 1/4 OF THE NE 1/4 OF SAID SECTION 33 ; THENCE ON AN ASSUMED BEARING, OF SOUTH 0 DEGREES 59 MINUTES j 11 SECONDS WEST ALONG SAID FAST RIGHT-OF-WAY LINE 56.87 FEET TO A POINT OF BEGINNING; THENCE, EASTERLY ALONG A LINE 22 FEET, � ET, MORE OR LESS, SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF GRIFFIN ROAD, AS NOW BUILT, A DISTANCE OF 350. 4 FEET, MORE OR LESS; THENCE, SOUTH 0 DEGREES 59 ' 11" WEST 202. 78 FEET TO A POINT IN THE NORTH LINE OF A FLORIDA POWER AND LIGHT CO. RIGHT-OF-WAY; THENCE, SOUTH 89 DEGREES 08 ' 22" WEST ALONG THE LAST DESCRIBED NORTH LINE 350. 18 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID CANAL C-10; THENCE„ NORTH 0 DEGREES 59 ' 11" EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 229. 11 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1. 72 ACRES (74 ,916 SQ. FT. ) MORE OR LESS. SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "WATERWAY 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. i 1. 6 PL-38-85 - A Plat Approval Request for "Stirling Industrial Park" Plat (4.8 acres more or less) , Petitioner - M.E. Berry II; Owner Pag Brothers, Inc. ; Located West of SW 11TH Ave. and approximately 650 feet North of Stirling Road, bound on the West by the C-10 Canal and on the North by West Dania Beach Blvd. <_>F extended, located North of NE 1200 block of Stirling Road. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "STIRLING INDUSTRIAL PARK" , SAME BEING THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 AND THE E 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE SE, 1/4 , OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, TOGETHER WITH THE W 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE. 42 EAST, BROWARD COUNTY I FLORIDA, LESS THE SOUTH 53 FEET FOR ROAD RIGHT OF WAY AND LESS THEREFROM CANAL RIGHT OF WAY, AS SHOWN ON DEED RECORDED IN O. R. BOOK 1246, PAGE 220 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR j PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "STIRLING INDUSTRIAL PARK" ; 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 OF 6 1. 7 PL-4�- , - A Piat Approval Request for "Governs an's Plat Number 1" (0.88 Acres more or less) , Petitioner - Charles S. Dale, Jr. , Owner - First American Service Corp. ; Located at the SE corner of the Intersection of U.S. 11 and SE 7th Street, 701 S. Federal Highway. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GOVERNOR DAN'S PLAT NUMBER 1" SAME BEING: THAT PART OF THE N 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3 TOWNSHIP 51 SOUTH , RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE' OF SAID N 1/2 LOCATED 494 ' NORTH OF THE SW CORNER OF SAID N 1/2; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF SAID N 1/2 A DISTANCE OF I 2461 ; THENCE RUN NORTH PARALLEL TO SAID WEST LINE 1801 , MORE OR f LESS , TO THE NORTH LINE. OF SAID N 1/2; THENCE , RUN WEST ALONG SAID NORTH LINE 246 ' TO THE NW CORNER OF SAID N 1/2; THENCE , RUN SOUTH 180 ' MORE OR LESS , TO THE POINT OF BEGINNING; LESS THE WEST j 33' FOR PUBLIC HIGHWAY RIGHT OF WAY. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAINS 0.830 ACRES AND/OR 38 ,346. 39 SQUARE FEET (PLUS OR MINUS ) ; AND ACCEPTING THE DEDICATION FOR PUBLICC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "GOVERNOR DAN' S PLAT NUMBER 1" ; 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. 8 LU-47-85 - A Land Use Plan amendment to amend the City of Dania i Land Use Plan to include previously annexed land (area between _ Seaboard Railroad and Ravenswood Road) at the same Land Use designations as the Unincorporated Area Land Use Plan, and to request the Broward County Planning Council to amend the boundary of Flex Zones 58, and 83 so that the new boundary coincides with the Dania City Limits, Petitioner - City of Dania. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE LAND USE PLAN OF THE CITY OF DANIA COVERING THE AREA BOUNDED ON THE NORTH BY STATE ROAD 84 , ON THE SOUTH BY STIRLING ROAD, ON THE EAST BY THE SEABOARD AIRLINE, RAILWAY AND ON THE WEST BY THE CENTERLINE. OF RAVENSWOOD ROAD, TO INCLUDE PREVIOUSLY ANNEXED LANDS AT THE SAME LAND USE DESIGNATION AS SHOWN ON THE UNINCORPORATED AREA LAND USE PLAN AT THE SAME TIME OF ANNEXATION AND TO REQUEST THE BROWARD zK•aF COUNTY PLANNING COUNCIL TO AMEND THE BOUNDARIES OF FLEX ZONES 58 t AND 83 SO THAT THE NEW BOUNDARIES COINCIDE WITH THE DANIA CITY LIMITS; PROVIDING FOR SEV£RABILITY; 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 1. 9 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 8 C OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, TO CREATE SECTION 8-98 ESTABLISHING AN INTERIM GENERAL SERVICES FEE; PROVIDING FOR THE REASON FOR SUCH FEE; PROVIDING FOR PROPERTIES ON WHICH SUCH FEE IS LEVIED; PROVIDING WHEN SUCH FEE WILL BE PAID; PROVIDING } THE AMOUNT OF SUCH FEE AND THE UNITS ON WHICH SUCH FEE IS ASSESSED; 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.. i 3 OF G i 2. PRESENTATIONS 3. BIDS 3.1 Request to add to list of approved surplus items declared for auction, 1 Savin Model 770 Copy Machine. 4. PUBLIC HEARINGS Ordinances (Second and Final Reading) 4. 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REPEALING ORDINANCE NO. 01-35 PASSED AND ADOPTED ON FINAL READING ON JANUARY 22 , 1985 , AND KNOWN AS THE "TRAIN WHISTLE ORDINANCE" ; AND PROVIDING 4 THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE f EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. i 4 . 2 PL-13-85; Plat approval "Village Marina' plat; property located at 1540 Griffin Rd. , petitioner - Craig A. Smith 3 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 f4 1 , PAGE 98 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER I CORNER OF SAID SECTION 28; THENCE NORTH 01 DEGREES 42 MINUTES 28 SECONDS 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 DESCRIBED IN ORDER OF TAKING CASE ACTION NO. i 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 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; i THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTHWEST , HAVING A RADIUS OF 210. 00 FEET, A DELTA OF 20 DEGREES 56 ' 17" , AN ARC DISTANCE OF 76. 74 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 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 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, 1 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 THE WEST BOUNDARY OF SAID TRACT 1 (THE LAST SIX (6 ) COURSES DESCRIBED BEING COINCIDENT Continued. . . i i I 4 OF 6 I , J L� � Y F711 Publ iearing Continued Item 4.4 Village Marina Plat 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 I FEET TO THE NORTHEAST CORNER OF SAID TRACT 1 ; THENCE SOUTH 01 DEGREES 42 ' 28" EAST, ALONG THE EAST 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, j AS DESCRIBED IN OFFICIAL RECORDS BOOK 12044 , PAGE, 809 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 38 DEGREES 27 ' 16" EAST, ALONG SAID SOUTHWESTERLY BANK, 197 FEET, MORE OR LESS , TO THE SOUTHEAST CORNER OF PARCEL THREE, AS I 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; I THENCE SOUTH 62 DEGREES 22 ' 40" WEST, ALONG THE SOUTH BOUNDARY OF SAID PARCEL TWO, 111 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, I 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. (Continued from June 25, 1985 Regular Commission Meeting) i Variances 4. 3 A variance is requested to erect a 13 ' high masonry wall on the North side of the property located at 1327 S. Federal Highway j Petitioner/Owner - A. Andreen. .a.x! 5. VACATION REQUEST 5. 1 Request by Thomas E. Esposito for vacation of street right of way and waiving of replatting of property. Property location "portion of NW 4th Ave" i 6. RESOLUTIONS 6. 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, j FLORIDA, ENDORSING THE FORMATION OF A STATE COMMISSION OF INVESTIGATION. i i 6. 2 A RESOLUTION OF THE CITY OF DANIA, FLORDIA, AUTHORIZING THE CITY i CLERK-AUDITOR TO INVEST AND WITHDRAW CITY FUNDS IN AND FROM THE STATE POOL ADMINISTERED BY THE STATE BOARD OF ADMINISTRATION, AND TO TAKE ANY OTHER APPROPRIATE ACTION RELATING THERETO AS REQUIRED BY SAID BOARD; AND 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. 5 OF 6 i L J i i I 7. OCCUPATIONAL LICENSE 7. 1 Mr. Joseph Hodkin for Daley-Hodkin Corp Hollow Melville, NY; Requests an Auctioneer' s License, todauction boadt, at Harbor Town Marina 1000 NE 3rd St. on the 19th of July, 1985. i EXPENDITURE APPROVALS j 9 . APPOINTMENTS 9. 1 Appointment of a Municipal Representative to serve as a delegate for the Election Meeting of the Committee for Community Development. Election to be held Thursday, July 18 , 1985 at 3 : 30 P.M. , at the Governmental Center. s 10. DISCUSSION i 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENT j 12. 1 Commissioner Adams 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Cook 13. CITIZENS ' COMMENTS - Comments by Dania Citizens or interested `- parties that are not a part of the regular agenda should be given in �. I writing or communicated verbally prior to 4 : 00 p. m. the second (2nd) and 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 meetin g.be given to the Mayor, a City Commissioner or the City may to the beginning of the meeting.--------------------------------------------------------------------------- Y 9 prior i 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 6 OF 6 i r /gyp d f ADDENDUM fJ CITY OF DANIA REGULAR MEETING S JULY 9 , 1985 v 8 : 00 PM 4 5. RIGHT-OF-WAY VACATION REQUEST j 5. 2 Request by McLaughlin Engineering Company for vacation of street right-of-way and waiving of replatting of property. (Property location - 600 Taylor Lane) 6. RESOLUTIONS j 6. 3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND BROWARD COUNTY PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS ; AND PROVIDING FOR AN EFFECTIVE DATE. a 6. 4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING FRANK C. ADLER CITY ATTORNEY; AND PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; AND PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND 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. 6. 5 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING PAUL MAXWELL BUILDING OFFICIAL; AND PROVIDING FOR COMPENSATION FOR SUCH s APPOINTEE; AND PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE, PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND 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. 6. 6 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING WANDA i MULLIKIN CITY CLERK-AUDITOR; AND PROVIDING FOR COMPENSATION FOR Illi j SUCH APPOINTEE; AND PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT ti_ J THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA,, AND 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. 6. 7 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING MICHAEL SMITH PERSONNEL DIRECTOR; AND PROVIDING FOR COMPENSATION FOR SUCH t APPOINTEE; AND PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND 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. I i i I d i l Il� r r l f l t � f4 1 77i i { j CITIZENS' COMMENTS I AGENDA �{ CITY OF DANIA REGULAR MEETING JULY 9, 1985 $$ 8:00 P.M. f 1 i 1 . Request by W. P. Brook to speak in reference to poor service by Florida Power & Light. i 1 i i I i 1 i i I 1 r> �y n