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HomeMy WebLinkAboutNULL (152) 17 MINUTES DANIA CITY COMMISSION REGULAR MEETING OCTOBER 8 , 1985 i INVOCATION - WANDA MULLIKIN PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Acting Police Chief: Tim Cates Building Official : Paul Maxwell The meeting was called to order by Mayor Bertino. The Commissioners agreed to establish a cutoff date of the Friday preceding the scheduled i Commission Meeting for acceptance of Addendum Items to the Agenda unless they are of an emergency nature . 1 . CONSENT AGENDA Minutes 1 . 1 Workshop Meeting , September 11 , 1985 1 .2 Special Meeting, September 17 , 1985 1 .3 Regular Meeting, September 24 , 1985 Ordinances (First Reading) 1 .4 (RZ-80-85) A rezoning request to change from IG ( Industrial General) to IRO ( Industrial Research Office) ; Petitioner/Owner: Rita Shaw; property located S/o proposed Griffin Rd . Extension and N/o Dania Cutoff Canal at 704 N. Fed. Hwy. An ordinance rezoning a portion of the N 1/2 of the NE 1/4 of Sec. 34 , Township 50 So. , Range 42 East , containing 14 .3701+ acres , from I-G to IRO zoning classification was read for first reading by City Attorney Adler. 1 .5 (PL-74-85 ) A plat approval request for "Nisa Plat" (containing F 14+ acres) ; Petitioner: Jim McLaughlin; Owner: Nicholas Pasquariello; property located E/o Taylor Rd . Ext . & S/o Eller Dr. An ordinance approving the plat of "Nisa Plat" was read for first reading by City Attorney Adler. 1 .6 (PL-76-85 ) A plat apprc al request for "James Bond Plat" ( containing 4 .34+ acres) ; Petitioner: Jim McLaughlin; Owner: j John Bond; property located E/o Taylor Rd. Ext . & S/o Eller Dr. An ordinance approving the plat of "James Bond Plat" was read !( for first reading by City Attorney Adler. 1 .7 (PL-75-85 ) A plat approval request for "Pegasus Executive Plat" ( containing 22 .0389+ acres) ; Petitioner: Jim McLaughlin; Owner: John Bond; property located E/o Taylor Rd. Ext. & S/o Eller Dr. L An ordinance approving the plat of "Pegasus Executive Plat" was read for first reading by City Attorney Adler. Regular Commission Meeting 1 October 8 , 1985 1 I 1 .8 (LU-47-85 ) Petitioner: City of Dania. Request to amend the boundary of Flex Zones 58 and 83 so that the new boundary coincides with the Dania City Limits . An ordinance amending the Land Use Plan of the City of Dania covering the area bounded on the N. by State Rd . 84 , on the S. by Stirling Rd . , on the E. by the Seaboard Airline Railway and on the W. by the E. right of way line of Ravenswood Rd . , to include previously annexed lands at the same land use designation as shown on the Unincorporated Area Land Use Plan at the time of annexation and to request the Broward County Planning Council to amend the boundaries of flex zones 58 and 83 to coincide with the Dania City Limits was read for first reading by City Attorney Adler. Resolutions 1 .9 The title of a resolution approving the Contract between the City of Dania and the General Employees Association-City of. Dania, Dated October 1 , 1985, was read by Mayor Bertino. ADDENDUM ITEMS: Ordinances ( First Reading) i 1 .10 (RZ-56-85) A rezoning request to change from RM (Residential ) to C-4 (Commercial) . Petitioner/Owner: Jacques and Susan Gallet; property generally located at 1150 Stirling Rd. , Dania. An ordinance rezoning the W 1/2 of the SW 1/4 ofthe SW 1/4 of Section 34 , Township 50 S , Range 42 E, less the N 25 ' and less that portion lying within the S 340 ' of the south line of said Section 34 , containing 2 . 352+ acres , from R-M to C-4 zoning classification was read for first reading by City Attorney ` Adler. 1 . 11 (RZ-64-85 ) A rezoning request to change from IG ( Industrial General ) to IRO ( Industrial Research Office) . Petitioner: James E . Maurer; Owner: Christine Vitolo; property located at 2010 NE 7th Ave. An ordinance rezoning a portion of Parcels B and C "Port Everglades Commerce Center" , containing 19 .3451+ acres , from j 'W`af I-G to IRO zoning classification was read for first reading by t City Attorney Adler. A motion was made by Commissioner Cook, seconded by Commissioner ' Hirsch to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 2 . PROCLAMATIONS 2 .1 A Proclamation was issued supporting the Florida Governor' s Council on Physical Fitness and Sports : Florida Employee Fitness Day. 2 .2 A Proclamation was issued supporting the National School Lunch Program: National School Lunch Week . I 3 . BIDS - none 1 4 . BUILDING DEPARTMENT APPLICATIONS 4 .1 PETITIONER/OWNER - JACK CHRISTY I A) SITE PLAN (SP-16-85 ) - A site plan approval request for a LI proposed warehouse/industrial building; property located at 7 NW 3rd Ave, in Dania. Regular Commission Meeting 2 October 8 , 1985 fJack Christy stepped forward to present site plan SP-16-85 for approval . The Planning and Zoning Board recommended approval. Mayor Bertino opened a public hearing. Responding to Melba Butler' s question regarding location, and 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 Cook to grant site plan approval (SP-16-85 ) to Jack Christy. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes I 4 . 2 PETITIONER/OWNER - POWELL BROTHERS A) SITE PLAN (SP-18-85 ) - A site plan approval request for a new industrial building and building addition; property located at 760 Taylor Rd . in Dania. Sam Phelps, representing Powell Brothers, stepped forward to present site plan SP-18-85 for approval. The Planning and Zoning Board recommended approval. Mayor Bertino opened a public hearing. Hearing Bob Mikes comment on barge parking on the canal and hearing Paul DiMaio comment on septic tanks , the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant site plan approval (SP-18-85 ) to Powell Brothers . The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 5 . ADMINISTRATIVE (Public Hearings) Ordinances ( Second and Final Reading) 5 .1 An ordinance amending Chapter 28 by adding Section 9 .31 .."� entitled "Fire Public Safety Facilities Fee" was read for second and final reading by City Attorney Adler. i i City Attorney Adler explained the terms of the new construction impact fee ordinance. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Vice Mayor Byrd to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 5.2 An ordinance amending Section 5 .22 of Article 5 , of Chapter 28 , of the City Code of Ordinances to provide changes in height regulations. Mayor Bertino opened the public hearing. Hearing Vincent Carroll , Bob Mikes , Hugo Renda, Anthony Stevens and Fay Palmer S speak in favor, the Mayor closed the public hearing. j i 6 A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance on second and final reading. Regular Commission Meeting 3 October 8 , 1985 1 r � Y 1 During discussion of the motion, Vice Mayor Byrd spoke in defense of the original height regulation ordinance and in opposition to changing it. The motion to adopt the ordinance passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-no Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i j 6 . OCCUPATIONAL LICENSES - none 1 i 7 . SPECIAL REQUEST 7 .1 Request for Vacation of Streets and Waiving of replatting requirements, by Henry L. Graham, Executive Director L.E.S. , Inc. for the following streets: SW llth Ave. ( formerly SW 7th Ave . ) ; SW 15th St . ( formerly Liberty Terrace) ; SW 16th St . ; and Alleyways in Block I . Henry L. Graham stepped forward to explain the request for waiving of the replatting requirements in connection with the request for vacation of the designated streets and alleys known ; as the Liberty Heights Project. A motion was made by Vice Mayor Byrd to waive the replatting requirements and refer the vacation request to the Planning and Zoning Board. Mayor Bertino passed the gavel and seconded the motion. The motion passed unanimously. I s " t 8 . SPECIAL APPROVALS i ADDENDUM ITEM: 8.1 Request from Dania Optimist Club to construct an additional Ball Field at Frost Park. Phil Johnson, President of the Dania Optimist Club, presented a diagram showing the location of the proposed additional ball field, described the need for the third field , presented the budget estimate of cost showing donations through the Dania Optimist Club in excess of $3 ,000.00 , and requested that the i City of Dania donate $350 .00 for the clay and sand mix for the infield . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the request of the Dania Optimist Club to allow construction of the ball field at Frost Park and to authorize the donation of $350 .00 by the City of Dania. The motion passed unanimously. 9 . APPOINTMENTS - none 10 . DISCUSSION 10 . 1 Report by Richard "Skeet" Jernigan, Chairman of the Annexation Advisory Committee. "Skeet" Jernigan presented the report of the Annexation I j Advisory Committee, making the following recommendations: That the City of Dania investigate and pursue annexation of the unincorporated area lying at the NF, corner of the present City j limits in the area of Eller Drive bounded by the cities of 1. Dania, Ft . Lauderdale and Hollywood; 1 That the City of Dania investigate and pursue annexation of the f unincorporated area lying immediately west of the City of Dania f ' (generally described as the Griffin Road area) , specifically , beginning at the NE corner of the intersection of the south fork of the New River and the SCL Railroad and running west/southwesterly along the south bank of the south fork of + Regular Commission Meeting 4 October 8 , 1985 s 1 I 1 the New River, crossing under State Road 84 , and continuing southwesterly to State Road 7 (US-441 ) , running south along US-441 to Stirling Road, east along Stirling Road to Ravenswood Road, and then along the City boundary north on Ravenswood Road back to the point of beginning; That the City approach the annexation of the western portion in two phases , annexing West approximately to SW 31st Avenue as the first phase and then west of SW 31st Avenue in the second phase , accomplishing the first phase by the end of the 1986 Legislative Session and the second phase by the end of the 1988 Legislative Session; i That the annexation methods be prioritized in the following j order - first, voluntary annexation; second , double referendum; and last , seeking assistance of the Broward County Legislative Delegation in annexing the remaining portions of land not accomplished in the first two recommendations through a special act of the Legislature; That the City of Dania engage in negotiations with the County to seek assistance from the County in providing municipal services to those areas to be annexed; That the City seek assistance in the way of grants and aid from the County, State or Federal Government to provide an upgrade to the water and sewer systems in those areas to be annexed; That the City Commissioners develop a plan to redistrict the City Commission to reflect the additional municipal area and to reflect fair and equal representation to the voters in the area designated for annexation; and ,. That the City Commission appoint an Annexation Implementation Committee to work with the City Commission and Administration. The Commission accepted the Annexation Advisory Committee I Report, expressing appreciation for the Committee' s fine efforts . a,aJ� Mr. Jernigan responded to vice Mayor Byrd' s question on the advisability of phasing the annexation program. He stressed the importance of voluntary annexation and described the examples of estimated Annexation Cost to Homeowners included in the Committee' s report. Discussion ensued regarding the City' s ability to provide the necessary services, the Commissioners' willingness to develop a districting plan when annexation takes place , and the positive results of Dania' s past annexation of Camp Blanding. j Mayor Bertino agreed with pursuing voluntary annexation and establishing a task force, but, sharing Vice Mayor Byrd' s concerns re phasing , suggested that it should be a fully committed phase operation. i Commissioner Hirsch suggested that a workshop be scheduled to discuss mathematical considerations and setting up of active if j committees . The Workshop was set for Tuesday, October 15th , at € 7 :00 p.m. * (At this time , addendum agenda item 10 . 3 was addressed. ) I ADDENDUM ITEMS: 10 .2 Discussion and possible action regarding Proposed Airport Overlay Signage and Landscape Code. ` II ! Building Official Maxwell reported that Broward County is - �� requesting that th,, cities r1f Da::.a , Fort Lauderdale and Hollywood combine with the County in a proposed County ordinance that would dictate signage and landscape codes to � l j October 8 , 1985 Regular Commission Meeting 5 I '1 I I affect airport overlay areas of Dania, Fort Lauderdale, j Hollywood and Broward County but to exclude all of the airport area, even the portion of the airport that is in the City of Dania. Mr. Maxwell expressed the opinion that provisions for major development signage are not adequately addressed in the proposed County ordinance, and that Dania' s IRO District signage ordinance already in place is preferable. The Commissioners generally agreed that members of the City ! Administration should attend the County public hearing on the { proposed ordinance and contribute input reflecting the City of Dania' s position. ` 10 .3 Mr. Clarke Walden to address the Commission regarding Pension. Clarke Walden stepped forward to explain that from 1955-75 he was an employee of the City of Dania, participated in the Pension Plan, and made the required employee contributions. Upon his resignation, the Pension and Retirement Committee reviewed and computed his retirement benefits and the resulting report was recorded in the Public Records of Broward County on April 24 , 1975 . 1 Mr. Walden registered a complaint about not receiving a reply to his written request for confirmation of benefits due addressed to the Personnel Director in 1979 . He then registered a similar complaint , describing a letter i dated May 3 , 1985 , sent to Marie Jabalee, Deputy City Clerk, in E which he recited the history and computations and asked for ' confirmation of possible additional benefits due per the 1981 ordinance that amended the pension plan by removing the first ' year exclusion. He said the reply dated September 18 , 1985 , was in error, cutting his benefits by approximately 20 percent, and that Mrs. Jabalee was now seeking legal advice from the City Attorney. i Mr. Walden, still awaiting corrected certification, requested that the Commission direct the City Attorney to review the situation and the terms of the 1981 ordinance and to direct Deputy City Clerk Jabalee to withdraw her certification cutting the benefit . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to direct Deputy City Clerk Jabalee to rescind the incorrect certification and to direct City Attorney Adler to post haste review the situation. The motion passed unanimously. 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager Jewell - no comment. 11 .2 City Attorney Adler - no comment. 12. COMP1ISSION COMMENT 12.1 At Commissioner Cook' s invitation, Paul DiMaio stepped forward to comment on Frost Park, so named in honor of Martin Christian Frost , pioneer resident of Dania. He reported that a citizens' petition is being submitted to the I .T. Parker Trust Committee proposing that the bequest be used to enlarge and improve the existing building at Frost Park to accommodate the recreational needs of Dania' s children and adults who find the facilities inadequate and primitive , and suggesting that the recreation building be named the Parker Pavillion in Frost Park. Commissioner Cook welcomed Mr. Spies back to Dania. Regular Commission Meeting 6 October 8 , 1985 II< i 1 ! Commissioner Cook thanked Personnel Director Mike Smith for his fine efforts helping to make the United Way Hands Across Broward Day successful. f 12 .2 Commissioner Hirsch - no comment. 12 .3 Commissioner McFlyea - no comment . 12 .4 At Vice Mayor Byrd' s invitation, Katherine Philpart complained about a health problem she and her 11 month old grandson are experiencing due to the painting process being used at Dave' s Paint and Body Shop. City Manager Jewell promised that the Environmental Quality Control Board would be contacted the next morning and assured Mrs. Philpart that the matter would quickly C be resolved. 12 .5 Mayor Bertino commented on a letter response from Florida State 1 University regarding Danny McManus, stating that his records 3 and future press releases will reflect that his home town is P' a Dania. i t Mayor Bertino commented on a letter from Sheriff Navarro' s office asking whether or not the City Commission would consider a contract , if proposed, for the Broward County Sheriff' s Department to take over the police function in the City of Dania . Mayor Bertino asked each Commissioner to consider the question and said he would place discussion of the possibility of the Sheriff' s Department taking over Dania' s police function on the next Commission meeting agenda so as to arrive at a - definitive Commission position on the issue. Mayor Bertino then read a letter commending Commissioner Hirsch on his act of good will assisting a fellow traveler while in Spain. i f 13 . CITIZENS ' COMMENTS j i No verbal or written requests for citizens' comments for this night' s meeting were received. This Regular Commission Meeting was then adjourned. i R-OKKISSION R j CITY CLERK-AUDITOR f t l� I i Regular Commission Meeting 7 October 8 , 1985 I ' r AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 8, 1985 8 : 00 P.M. INVOCATION - PLEDGE OF ALLEGIANCE ROLL CALL 1 . CONSENT AGENDA Minutes 1 . 1 Workshop Meeting, September 11 , 1985 1 . 2 Special Meeting, September 17 , 1985 1 . 3 Regular Meeting, September 24 , 1985 Ordinances (First Reading) 1 . 4 RZ-80-85 - A rezoning request to change from IG (Industrial General to IRO (Industrial Research Office) ; Petitioner/Owner - Rita Shaw. Property located south of proposed Griffin Rd. extension and North of Dania Cutoff Canal at 704 North Federal Highway. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THAT PORTION OF THE N 1/2 OF THE NE 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, r ,. DESCRIBED OF SAID SECTION 34 , THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 34, A DISTANCE OF 683 .84 FEET; THENCE SOUTH 01 DEGREES 37 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34, A DISTANCE OF 444. 78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 1 DEGREE 37 MINUTES 41 SECONDS EAST ALONG SAID LINE A DISTANCE OF 852. 81 FEET TO A POINT ON THE SOUTH LINE OF THE N 1/2 OF NE 1/4 OF SAID SECTION 34 ; THENCE SOUTH 89 DEGREES 13 MINUTES 13 SECONDS WEST, ALONG SAID ,.,•k SOUTH LINE A DISTANCE OF 681. 68 FEET; THENCE NORTH 1 DEGREE 43 MINUTES 5 SECONDS WEST, ALONG THE WEST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34 , A DISTANCE OF 379. 70 FEET TO A POINT ON A LINE 924 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 34; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 40 SECONDS WEST A DISTANCE OF 125. 33 FEET TO A POINT ON THE ARC OF A 520. 00 RADIUS NON-TANGENT CURVE CONCAVE TO THE NW, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 34 DEGREES 43 MINUTES 54 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID LINE THROUGH A CENTRAL ANGLE OF 47 DEGREES 09 MINUTES 15 SECONDS , AN Continued. . . 1 OF 6 1 L _ � Continued RZ-80-85. . . ARC DISTANCE OF 427.96 FEET TO A POINT OF NON-TANGENCY, A RADIAL LINE THROUGHT SAID NON-TANGENT POINT BEARS SOUTH 81 DEGREES 53 MINUTES 09 SECONDS EAST; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION 34 A DISTANCE OF 650.78 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 14. 3701 ACRES , MORE OR LESS , FROM ZONING CLASSIFICATION OF I-G TO IRO ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE N0. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 1. 5 PL-74-85 - A plat approval request for "NISA PLAT" (Containing 14 acres more or less) . Petitioner - Jim McLaughlin, Owner - Nicholas Pasquariello. Property located East Of Taylor Rd. Extension and south of Eller Drive. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "NISA PLAT' , SAME BEING THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; LESS THE WEST 100 FEET. TOGETHER WITH: THE N 1/2 OF THE 4 NE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 26. ALSO TOGETHER WITH: THE S 1/2 OF THAT CERTAIN VACATED 15' RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE DESCRIBED LANDS. w LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWAR SAID COUNTY, FLORIDA, AND CONTAINING 14. 0053 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "NISA PLAT" ; 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, 1 . 6 PL-76-85 - A plat approval request for "JAMES BOND PLAT" (Containing 4.34 acres more or less) . - Petitioner Jim McLaughlin Owner - John Bond. Property located East Of Taylor Road Extension and South of Eller Drive. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "JAMES BOND PLAT" , SAME BEING THE S 1/2 OF THE SW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LESS THE WEST 100 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4 .3489 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "JAMES BOND PLAT"; 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 J l _ � r � i 1. 7 PL-75-85 - A plat approval request for "PEGASUS EXECUTIVE PLAT" (Containing 22.0389 acres more or less) . Petitioner - Jim McLaughlin, Owner - John Bond. Property located East of Taylor Road Extension and South of Eller Drive. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "PEGASUS EXECUTIVE PLAT" , SAME BEING A PARCEL OF LAND LOCATED IN SECTION 23 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, COUNTY OF BROWARD, STATE OF FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF THE SW 1/4 OF SAID SECTION 23 , BEING THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 895. 10 FEET, ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 23 , TO A POINT; THENCE NORTH 21 DEGREES 52 MINUTES 04 SECONDS EAST A DISTANCE OF 194. 93 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PROPOSED TAYLOR ROAD, BEING A 60 FOOT RIGHT-OF-WAY TO A POINT OF CURVATURE OF A TNAGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY TO THE LEFT ALONG SAID CURVE HAVING A RADIUS OF 592.98 FEET AND A CENTRAL ANGLE OF 45 DEGREES 06 MINUTES 12 SECONDS FOR AN ARC DISTANCE OF 466. 79 FEET TO A POINT; ON A NON-TANGENT LINE; THENCE NORTH 12 DEGREES 45 MINUTES 46 SECONDS WEST, A DISTANCE OF 16. 54 FEET; THENCE NORTH 88 DEGREES 05 MINUTES 24 SECONDS EAST A DISTANCE OF 813 . 73 FEET ALONG A LINE PARALLEL WITH AND 25 FEET SOUTH OF THE NORTH LINE OF THE S 1/2 OF THE S 1/2 OF THE SW 1/4 OF SAID SECTION 23 , SAID LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF SHULL ROAD TO A POINT; THENCE SOUTH O1 DEGREE 34 MINUTES 15 SECONDS EAST A DISTANCE OF 649.73 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SECTION 23 TO THE POINT OF BEGINNING. TOGETHER WITH: LOTS 20 AND 21 , BLOCK 1 , RICHLAND LITTLE FARMS , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND TOGETHER WITH: LOTS 21 AND 22 , BLOCK 2, RICHLAND LITTLE FARMS , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 , PAGE 33, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORDIA, AND WITH: THAT CERTAIN VACATED 15 FOOT RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 20 AND 21 , BLOCK 1 OF SAID RICHLAND LITTLE FARMS , AND ALSO TOGETHER WITH: THE S 1/2 OF THAT CERTAIN VACATED 15 FOOT RIGHT-OF-WAY LYING SOUTH OF AND ADJACENT TO LOTS 21 AND 22, BLOCK 2 OF SAID RICHLAND LITTLE FARMS , AND ALSO TOGETHER WITH: THAT PORTION OF THE N 1/2 OF THAT CERTAIN 15 FOOT RIGHT-OF WAY LYING NORTH OF AND ADJACENT TO LOTS 16 , 17, 18 , AND 19 , BLOCK 1 , OF SAID RICHLAND LITTLE FARMS, LYING EAST OF THE EAST RIGHT-OF -WAY LINE OF TAYLOR ROAD. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 22. 0389 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF n �� PEGASUS EXECUTIVE PLAT" ; 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 OF 6 I I i J 1.8 LU-47-85 - Petitioner - City of Dania. Request to amend the boundary of Flex Zones 58 and 83 so that the new boundary coincides with the Dania City Limits. 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 EAST RIGHT OF WAY LINE 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 TIME OF ANNEXATION AND TO REQUEST THE BROWARD COUNTY PLANNING COUNCIL TO AMEND THE BOUNDARIES COINCIDE WITH THE DANIA CITY LIMITS; 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. Resolutions 1. 9 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT BETWEEN THE CITY OF DANIA AND THE GENERAL EMPLOYEES ASSOCIATION-CITY OF DANIA, DATED OCTOBER 1 , 1985; AND AUTHORIZE AND DIRECT THE EXECUTION OF SAME; 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. - 4 2. PROCLAMATIONS 2. 1 Proclamation supporting the Florida Governor' s Council on Physical Fitness and Sports: Florida Employee Fitness Day. 1W 2. 2 Proclamation supporting the National School Lunch Program: National School Lunch Week. 3. BIDS 4. BUILDING DEPARTMENT APPLICATIONS 4. 1 PETITIONER/OWNER - JACK CHRISTY A) SITE PLAN - SP-16-85 - A site plan approval request for a proposed warehouse/industrial building. For property located at 7 NW 3rd Avenue in Dania. 4. 2 PETITIONER/OWNER - POWELL BROTHERS A) SITE PLAN - SP-18-85 - A site plan approval request for a new industrial building and building addition. Property located at 760 Taylor Road in Dania. 4 OF 6 I \ J L _ � 5. ADMINISTRATIVE (Public Hearings) Ordinances (Second and Final Reading) 5. 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28 BY ADDING SECTION 9. 31 ENTITLED "FIRE PUBLIC SAFETY FACILITIES FEE" ; PROVIDING FOR DEFINITIONS; PROVIDING FOR RATES; PROVIDING FOR THE TIME OF PAYMENT; PROVIDING FOR THE USE OF PROCEEDS; PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; 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. 5. 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION SECTION 5. 22 OF ARTICLE 5, OF CHAPTER 28 , OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE CHANGES IN HEIGHT REGULATIONS BY THE ADDITION OF A NEW SUBPARAGRAPH DESIGNATED (h) ; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED, ALL OTHER PROVISIONS OF SECTION 5. 22 SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from September 24 , 1985 meeting) 6. OCCUPATIONAL LICENSE 7. SPECIAL REQUEST 7. 1 Request for Vacation of Streets and Waiving of replatting requirments, by Henry L. Graham, Executive Director L.E.S. , Inc. for the following streets: SW llth Ave. ( formerly SW 7th Ave. ) ; SW 15th St ( formerly Liberty Terrace) ; SW 16th St. ; and Alleyways in Block I. 8. SPECIAL APPROVALS 9. APPOINTMENTS 10. DISCUSSION 10. 1 Report by Richard "Skeet" Jernigan, Chairman of the Annexation Advisory Committee. (Backup forthcoming) 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11.2 City Attorney 12. COMMISSION COMMENT 12.1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Bertino 5 OF 6 J L _ -J 13. CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4: 00 p.m. the second ( 2nd) and fourth ( 4th) Monday 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 Commissioner or the City Manager prior to the beginning of the meeting. -----------------------------------------------•----------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. w- i 6 OF 6 L� L _ ADDENDUM CITY OF DANIA REGULAR MEETING OCTOBER 8, 1985 8:00 PM 1 . CONSENT AGENDA (First Reading) Ordinances 1 . 10 RZ-56-85 - A Rezoning request to change from RM (Residential) to C-4 (Commercial) , Petitioner/Owner - Jacques and Susan Gallet. Property generally located at 1150 Stirling Road in Dania. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THE W 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE NORTH 25 FEET AND LESS THAT PORTION LYING WITHIN THE SOUTH 340 FEET OF THE SOUTH LINE OF SAID SECTION 34. SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 2 . 352 ACRES MORE OR LESS, FROM ZONING CLASSIFICATION OF R-M TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND ! PROVIDING FOR AN EFFECTIVE DATE. 1 . 11 RZ-64-85 - A Rezoning request to change from IG (Industrial General) to IRO (Industrial Research Office) . Petitioner - James E. Maurer, Owner - Christine Vitolo. Property located at 2010 NE 7th Avenue. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: A PORTION OF PARCELS B AND C, "PORT EVERGLADES COMMERCE CENTER" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 122, PAGE 33 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A PORTION OF THE VACATED ROADS ADJACENT TO SAID PORT EVERGLADES COMMERCE CENTER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID PARCEL C , THENCE SOUTH 02 DEGREES 2 MINUTES 11 SECONDS EAST ALONG THE LAST BOUNDARY OF SAID PARCEL C, 936 .00 FEET; THENCE SOUTH 88 DEG. 06' 48" WEST, 631. 16 FEET; THENCE SOUTH 15 DEG. 52' 52" WEST, 397. 56 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE CONTINUE SOUTH 15 DEG. 52 ' 52" WEST, 7. 38 FEET TO A POINT OF THE CENTERLINE OF THE VACATED ROAD ADJOINING THE SOUTH BOUNDARY OF PORT EVERGLADES COMMERCE CENTER (VACATED BY CITY OF DANIA RESOLUTION NO. 30. 2-84 ) ; THENCE ALONG SAID CENTERLINE, SOUTH 88 DEG. 04' 20" WEST, 144. 53 FEET; THENCE NORTH 02 DEG. 09 ' 37" WEST. 7. 50 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE ALONG THE SOUTH Continued. . . Continued RZ-64-85. . . AND WEST BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER, NORTH 02 DEG. 09 ' 37" WEST, 35. 00 FEET; SOUTH 88 DEG. 04 ' 20" WEST, 96. 21 FEET; NORTH 02 DEG. 02 ' 11" WEST, 176. 00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE (RADIAL LINE AT THAT POINT BEARS NORTH 77 DEG. 07 ' 43" WEST) ; THENCE NORTHEASTERLY, 133. 39 FEET ALONG THE ARC OF SAID CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 2571. 21 FEET THROUGH A CENTRAL ANGLE OF 02 DEG. 58 ' 21" ; THENCE TANGENT TO SAID CURVE, NORTH 15 DEG. 50 ' 38" EAST, 491.99 FEET; THENCE NORTH 21 DEG. 52 ' 14" EAST, 553. 05 FEET TO THE NORTHEAST CORNER OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE CONTINUE NORTH 21 DEG. 52' 14 " EAST, 8. 19 FEET TO A POINT ON THE CENTERLINE OF THE VACATED ROAD ADJOINING THE NORTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER (VACATED BY SAID CITY OF DANIA RESOLUTION NO. 30. 2-84 ) ; THENCE ALONG SAID CENTERLINE, NORTH 88 DEG. 06 ' 48" EAST, 580. 57 FEET; THENCE SOUTH 02 DEG. 02 ' 11" EAST, 7. 50 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTIANING 19. 3451 ACRES, MORE OR LESS, FROM ZONING CLASSIFICATION OF I-G TO IRO ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND - PROVIDING FOR AN EFFECTIVE DATE. 8 . SPECIAL APPROVALS 8. 1 Request from Dania Optimist Club to construct an additional Ball Field at Frost Park. 10. DISCUSSION 10. 2 Discussion and possible action regarding Proposed Airport Overlay Signage and Landscape Code. 10. 3 Mr. Clarke Walden to address the Commission regarding Pension.