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HomeMy WebLinkAboutNULL (313) I I I 7 I 7 i 1 MINUTES DANIA CITY COMMISSION i WORKSHOP MEETING i October 10 , 1989 7 : 30 P.M. Present - Mayor : Charles McElyea Vice Mayor: Bob Mikes Commissioners : John Bertino Jean Cook Bobbie Grace City Attorney: Frank Adler City Manager: Robert Flatley Personnel Manager: Mike Smith 1 . Discussion regarding City Manager' s Salary There was discussion concerning City Manager Flatley ' s performance over the past year. The Commission all agreed that Mr. Flatley has -a-y6 done an outstanding job and that he should be compensated for it . The Commission agreed to a 10% increase . Commissioner Bertino b " wished the increase could be more if the City could afford it . City Manager Flatley said he would be uncomfortable with an increase greater than 10%. � E City Attorney Adler was directed to prepare a Resolution to cover this increase for City Manager Flatley to be placed on the agenda i j for the next Regular Commission Meeting of October 24 , 1989. a A motion was made and seconded to adjourn this meeting. The motion passed unanimously. j 'MAYOR-U rMM1S skid 711 CITY CLERK-AUDITOR i a DUE TO THE TAPE RECORDER NOT BEING PROPERLY TURNED ON TO DICTATE, I THESE MINUTES WERE RECEIVED FROM MIKE SMITH, PERSONNEL MANAGER, FROM HIS OWN NOTES . L rN Workshop Meeting 1 October 10, 1989 .I .' . b� ttl d 3 ;I 7 j MINUTES DANIA CITY COMMISSION REGULAR MEETING October 10 , 1989 i INVOCATION - City Clerk Wanda Mullikin i PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners : Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS Lt . Feltgen stepped forward to introduce Robin Burns, President of Broward Informed Parents for a Drug Free Youth and District Coordinator for Florida Informed Parents for a Drug Free Youth in Tallahassee. Robin Smith presented her request for Commission and Citysu the 1989 Red Ribbon Campaign against drugs . Smith invit in ted the City Officials to participate in the CandeliteProcessionParade by presenting a unified and visible commitment toward the creation of = Q# Drug Free America on October 29 at 6 : 30 Lauderdale. p.m. in downtown Fort i Ms . Nancy Preusz, Executive Director of the Dania Housing Authority, stepped forward to inform the Commission that the Dania Housing Authority was recently granted the Federal Grant Award for "Operation Bootstrap" . Ms . Preusz also commended the Commission for the City' s support and assistance in helping the Dania Housing Authority receive i this prestigious award . City Manager Flatley commended Ms . Preusz on her community development efforts that have brought money and projects into Dania and informed the Commission that Dania is one of four Housing 1 Authorities to receive this award . CONSENT AGENDA REMOVED FROM CONSENT AGENDA ITEMS 1 . 3 1 .4 I iI CONSENT AGENDA CONTINUED I{ Minutes 1 . 1 September 21 ,1 . 2 1989 , special meeting J September 26, 1989, regular meeting Regular Commission Meeting 1 i October 10, 1989 I i Resolutions i At this time , City Attorney Adler requested adoption of a resolution t recognizing Chester A. Byrd. City Attorney Adler then read the title j of the resolution "A Resolution of the City of Dania , Florida, in recognition to Chester A. Byrd ' s service to our community and to express appreciation to Bethune-Cookman College for honoring this great man during the week of the South Florida Classic" . City Attorney Adler informed the Commission that there will be a banquet held by Bethune-Cookman College in the name of Chester A. Byrd and any money that is raised will go to a scholarship fund . 1 Ordinances 1 . 5 City Attorney Adler read the title of "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOTS 10 AND 11 , BLK 1 , WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 , PAGE 49 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL , LESS THE SOUTH 30 . 75 ' THEREOF, TOGETHER WITH LOT 12 , BLOCK 1 , LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE 1/4 OF SECTION 29 ; THENCE SOUTH 88-25 ' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 408. 75 ' ; THENCE NORTH O1-34 ' 56" WEST, PERPENDICULAR TO LAST DESCRIBED COURSE, A DISTANCE OF 65. 08 ' TO THE POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A CURVE. CONCAVE SOUTHERLY HAVING A TANGENT BEARING OF NORTH 87- 02 ' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337 . 83 ' , A CENTRAL ANGLE OF 01 -22110" , FOR AN ARC DISTANCE OF 55. 88 ' TO THE END OF SAID CURVE ; THENCE NORTH 88-25 ' 04" EAST, ALONG A LINE 65 . 75 ' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29 , A DISTANCE OF 19 . 13 ' ; THENCE SOUTH 01-30147" EAST, A DISTANCE OF 30 . 75 ' ; THENCE SOUTH 88-25104" WEST, ALONG THE NORTHERLY EXISTING R/W LINE OF GRIFFIN ROAD, BEING 35 ' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29 , A DISTANCE OF 75 ' ; THENCE NORTH O1 -30 ' 47" WEST, A DISTANCE OF 30. 75 ' TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FL, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 6 City Attorney Adler read the title of "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "MIZELL GARDENS" , SAME BEING: THAT PORTION OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF NW 7 AVENUE (FORMERLY MILWAUKEE AVENUE ) AS SAID AVENUE IS SHOWN ON THE PLAT OF "TOWN OF MODELO" RECORDED IN PLAT BOOK "B" , PAGE 49 OF THE DADE COUNTY PUBLIC RECORDS; LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE WESTERLY LINE OF SAID 7 AVENUE ON THE SOUTH LINE OF SAID SOUTH 1/2 , THENCE RUN ALONG SAID WESTERLY LINE OF 7 AVENUE NORTH 13-55147" EAST FOR 140 ' TO THE POINT OF BEGINNING; THENCE RUN PARALLEL TO THE SOUTH LINE OF SAID SOUTH 1/2 , SOUTH 89-22140" WEST, FOR 100 ' , THENCE RUN NORTH 13'55 ' 47" EAST FOR 100 ' ; THENCE RUN NORTH 88-22140" EAST FOR 100 ' TO THE WESTERLY LINE OF SAID 7 AVENUE; THENCE RUN ALONG SAID WESTERLY LINE SOUTH 13-55 ' 47" WEST FOR 100 ' TO THE POINT OF BEGINNING; AND LESS THE SOUTH 26 ' FOR ROAD PURPOSES; AND LESS THOSE PARCELS DESCRIBED IN THE BROWARD COUNTY E OFFICIAL RECORDS AT BOOK 4262 , PAGE 884 ; BOOK 4321 , PAGE 454 ; AND BOOK 6903, PAGE 97 ; ALSO DESCRIBED AS : A PORTION OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF NW 7 AVENUE ( FORMERLY MILWAUKEE AVENUE) AS SAID AVENUE IS SHOWN ON THE PLAT OF "THE TOWN OF MODELO" j RECORDED IN PLAT BOOK "B" , PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF ! SAID NW 7 AVENUE AND THE SOUTH LINE OF SAID SOUTH 1/2 ; THENCE ON AN I ASSUMED BEARING OF NORTH 12-37 ' 32" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1401 ; THENCE SOUTH 88-05 ' 28" WEST AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTH 1/2 A DISTANCE OF 100 ' ; THENCE NORTH 12-37 ' 32" EAST AND PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 152.99 ' ; THENCE SOUTH 88-19 ' 15" WEST AND PARALLEL WITH i Regular Commission Meeting 2 October 10 , 1989 THE SOUTH LINE OF "SARATOGA" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 100 . 10 ' ; THENCE NORTH 12-37 ' 32" EAST AND PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 50 ' TO AN INTERSECTION WITH THE SOUTH LINE OF SAID "SARATOGA" ; THENCE SOUTH 88-19115" WEST ALONG SAID SOUTH LINE A DISTANCE OF 189. 57 ' TO AN INTER- SECTION WITH THE WEST LINE OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 34, SAID WEST LINE ALSO BEING THE EAST LINE OF "TROPIC PARK" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 52, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 01-26113" EAST ALONG SAID EAST LINE A DISTANCE OF 333 . 19 ' TO AN 4W INTERSECTION WITH THE SOUTH LINE OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 34 ; THENCE NORTH 88-05 # 28" EAST ALONG SAID SOUTH LINE A DISTANCE OF 306 . 34 ' TO THE POINT OF BEGINNING; LESS THEREFROM THE SOUTH 26 ' ; SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 83 , 163 SQUARE FEET ( 1 . 909 ACRES) 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 "MIZELL GARDENS" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . " 1 .7 City Attorney Adler read the title of "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: LOTS 1 THROUGH 4 , BOTH INCLUSIVE, BLOCK 4 , TOGETHER WITH LOTS 1 THROUGH 8, BOTH INCLUSIVE, AND LOTS 11 THROUGH 16 , BOTH INCLUSIVE, BLOCK 5, "VICTORY HEIGHTS" , AS RECORDED IN PLAT BOOK 21 , PAGE 2 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA LESS THAT PORTION FOR STIRLING ROAD RIGHT-OF-WAY; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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 .8 City Attorney Adler read the title of "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOT 10 , BLOCK 1 , "COLLEGE TRACT" , AS RECORDED IN PLAT BOOK 19 AT PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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 . 9 City Attorney Adler read the title of "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 11 . 10 OF ARTICLE 11 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR WRITTEN NOTICE OF HEARINGS OF THE PLANNING AND ZONING BOARD RELATING TO REQUESTED CHANGES IN THE ZONING REGULATIONS AND THE GRANTING OF VARIANCES AND SPECIAL EXCEPTIONS; 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 . " A motion was made by Commissioner Cook , seconded by Commissioner Bertino to approve the consent agenda with the exception of items 1 . 3 and 1 . 4 . i The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes J Commissioner Grace-yes Regular Commission Meeting 3 October 10 , 1989 PULLED FROM THE CONSENT AGENDA J Resolutions I 1 . 3 City Attorney Adler read the title of the resolution approving the agreement between City of Dania and Port Everglades Authority for inspection services; and authorizingthe appropriate City Officials to execute said agreement . j 3 i Commissioner Bertino questioned City Attorney Adler on our indemnification with Port Everglades along with insurance coverage t and on any increased insurance costs in relation to this agreement . i City Attorney Adler informed the Commission that Mike Smith , Personnel Director, will confirm our insurance coverage for the area and if we do not receive the proper coverage, the agreement would not be executed . City Attorney Adler informed the Commission that Dania would be responsible for covering our employees and that the Port would be responsible for their employees . i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt the resolution approving the agreement between City of Dania and Port Everglades Authority for inspection services ; and authorizing the appropriate City Officials to execute said agreement as long as there is a cancellation clause within 30 days of signing the agreement . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes �'- Commissioner Grace-yes 1 .4 City Attorney Adler read the title of the resolution approving that certain agreement between City of Dania and Broward County for Park Improvements to Chester A. Byrd Park in the amount of $20 ,000 . Mike Smith , Personnel Director, gave an overview of how the $20,000 in the agreement will be utilized for landscaping , trees , shrubs , playground equipment and beautification to Chester A. Byrd Park . Mr. Smith mentioned that additional funds have been budgeted for by the City for Chester A. Byrd Park and that these funds should help to build a shelter and some benches for the park . A motion was made by Commissioner Grace, seconded by Commissioner Bertino to adopt the resolution approving that certain agreement between City of Dania and Broward County for Park Improvements to Chester A. Byrd Park in the amount of $20 ,0000 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 2. PROCLAMATIONS 2. 1 Mayor McElyea proclaimed October 7, 1989 , as Italian American 1 Heritage Day. * ITEM 4.2 was heard at this time * ITEM 7. 2 was heard at this time I 3 . BIDS - none i f Ll I Regular Commission Meeting 4 October 10 , 1989 4 • PUBLIC HEARINGS AND OTHER RELATED MATTERS r Growth Management 4 . 1 City Attorney Adler informed the Commission of a variance request by Marine Conversions, Inc. to allow use of a trailer as a temporary office for a time period to be determined by the City Commission. i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to table this Variance Request (VA-36-89 ) until the next regular II commission meeting of October 24 , 1989 as the petitioner was not j present . The motion passed unanimously. 1 * 4 . 2 A motion was made by Commissioner Bertino, seconded by J Commissioner Grace to table item #4 . 2, second reading of an ordinance approving the plat of "Glen-Lauren Homes" , until October 24 , 1989 , and that a 7: 30 p.m. Workshop Meeting be held prior to the Regular Commission Meeting on October 24 to discuss this item. i The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner Cook-yes Vice-Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes 4 . 3 City Attorney Adler informed the Commission of a Public Hearing for Special Exception (SE-56-89 ) to allow an enclosed vehicle service establishment . A motion was made by Commissioner Cook, seconded by Commissioner Bertino to table this Special Exception request until October 24 , 1989 Regular Commission Meeting as the petitioner was not present , w The motion passed unanimously. 4 .4 (A) City Attorney Adler read the title of an Ordinance rezoning the following described lands, to wit : Lots 6 through 13,with Lots 18 through 23 , Block together 3, "Dixie Way" , as recorded in plat book 12, page 4, of the public records of Broward County, Florida; said lands situate , lying and being in the City of Dania, Broward County, Florida, from present zoning classification to C-3 zoning classification under the provisions of Ordinance No. 100 of the City of Dania, Florida, as amended. 1 Mr. Richard Ferayorini , Barnett Bank of South Florida, was present to request approval of R2-57-89. Mayor McElyea opened the public hearing. Mr. Barry Douglas, a property owner in the area, expressed his concerns for the property being properly maintained by current and future parties. After hearing several residents speak in favor, the Mayor then closed the public hearing. i i A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt this ordinance on second reading rezoning lots 6 through 13 , together with lots 18 through 23 , block 3, "Dixie Way" . j The motion passed on the following roll call vote: !� Commissioner Bertino-yes Vice-Mayor Mikes-yes J Commissioner Cook-yes Mayor McElyea-yes I Commissioner Grace-yes (B) Mr. Larry Leeds , Growth Management Director, informed the 1 Commission that the request by Richard Ferayorini on behalf of Barnett Bank of South Florida for a land use flex change to allocate 0. 63 acres of commercial flex acreage ( LUF-62-89) is a companion to the zoning request and is required by the Dania Comprehensive Plan . I Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing and opened to the Commission for possible action. Regular Commission Meeting 5 October 10, 1989 4 r l A motion was made by Commissioner Bertino, seconded by Commissioner I Cook to grant the land use flex change to allocate 0 .63 acres of commercial flex acreage (LUF-62-89 ) . The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes t Commissioner Grace-yes ({ (C) Discussion followed on the site plan approval requested by i Barnett Bank of South Florida relating to dumpster location , ultimate right-a-way requirements of the Department of Transportation and landscaping either on the inside or outside of an 8 ' wall on the eastside of the property. S I A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve site plan (SP-71-89 ) for the shopping center as presented . r The motion passed on the following roll call vote : 3 Commissioner Bertino-no Vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes 1 Commissioner Grace-yes i i 4 . 5 Mr. George Murray stepped forward to represent Brenda Miller, owner of the property located at 1001 S17 12 Avenue for a variance request to permit the following: a) 11 ' exterior side yard setback ( 15 ' required) ; b ) 21 ' front yard setback (25 ' required) . Mayor McElyea opened the public hearing. After hearing Brenda Miller speak in favor and no one speak in opposition, the Mayor closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Cook , seconded by Vice-Mayor Mikes to approve variance request VA-58-89 to permit; a ) 11 ' exterior side yard setback ( 15 ' required) ; b ) 21 ' front yard setback (25 ' required) as requested. I I The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 6 City Attorney Adler informed the Commission of a variance request to allow construction of a screen enclosure with a 4 ' rear yard setback ( 15 ' required ) as requested by Bernadette Mazza for the property located at 414 SE Third Street . Mayor McElyea opened the public hearing . After hearing g no one speak in favor or opposition, the Mayor closed the public hearing and i opened to the Commission for possible action . jA motion was made by Commissioner Bertino, seconded by Commissioner Cook to grant variance request VA-59-89 to allow construction of a screen enclosure with a 4 ' rear yard setback for the property located at 414 SE Third Street . I The motion passed on the following roll call vote : i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i Regular Commission Meeting 6 October. 10 , 1989 Administrative Ordinances 4 . 7 City Attorney Adler read the title of the ordinance amending Section 13-73 of Article V of Chapter 13 of the Code of Ordinances by changing the section designation from said Section 13-73 of Article V of Chapter 13 to Section 13-33 of Article II of Chapter 13 . j City Attorney Adler informed the Commission that this ordinance does 7 not change any text but will place the information relating to trash and debris in a section of the Code that will relate to Section j 13-32 . j Mayor McElyea opened the public hearing . Hearing no one speak in j favor or opposition, the Mayor closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Cook, seconded by Commissioner Bertino to approve the ordinance on second reading amending Section 13-73 of Article V of Chapter 13 of the Code of Ordinances by changing the section designation from said Section 13-73 of Article V a of Chapter 13 to Section 13-33 of Article II of Chapter 13. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes I 4 .8 City Attorney Adler read the title of the ordinance for second reading amending Section 9 .31 of Chapter 28 of the Code of Ordinances to provide that Fire Public Safety Facilities fees shall be paid at the time of issuance of building permits . Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt the ordinance on second reading amending Section 9. 31 of Chapter 28 of the Code of Ordinances to provide that Fire Public Safety Facilities fees shall be paid at the time of issuance of building permits . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 9 City Attorney Adler read the title of the ordinance amending Section 27-38 of Article II of Chapter 27 of the 1980 Code of Ordinances entitled: "Rates and Charges for Service" and providing that except as herein amended all other provisions of Chapter 27, Article II of the Code of Ordinances shall remain in full force and i effect . I A motion was made by Commissioner Cook , seconded by Commissioner Grace to adopt on second reading the ordinance amending Section 27-38 of Article II of Chapter 27 of the 1980 Code of Ordinances entitled : "Rates and Charges for Service" and providing that except as herein ' amended all other provisions of Chapter 27 , Article II of the Code of Ordinances shall remain in full force and effect . f A motion was made by Commissioner Bertino to table the second reading (FF of ordinance amending Section 27-38 of Article II of Chapter 27 of !{ the 1980 Code of Ordinances entitled: "Rates and Charges for Service" . Regular Commission Meeting 7 October 10, 1989 j � ' .a �f��4R5y�•t�ec�a , Commissioner Bertino' s motion failed on the following roll call vote : I ! Commissioner Bertino-yes Vice-Mayor Mikes-no Commissioner Cook-no Mayor McElyea-no Commissioner Grace-no i Commissioner Cook ' s motion passed on the following roll call vote : J Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i f I 4 . 10 City Attorney Adler read the title of the ordidnance amending its budget for the fiscal year 1988-89 by changing the sewer fund budget by making line item changes between departments . City Attorney Adler requested that this ordinance be passed on first reading and then on second reading as an emergency . i Mayor McElyea opened the public hearing . After Vincent Carroll requested clarification of the need for this item, the Mayor closed the public hearing and opened to the Commission for possible action . s A motion was made by Commissioner Cook, seconded by Vice-Mayor Mikes to adopt on first reading this ordinance amending its budget for the fiscal year 1988-89 by changing the sewer fund budget by making line item changes between departments . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes A motion was made by Commissioner Cook , seconded by Commissioner Grace to declare second reading of this ordinance an emergency due to an expenditure that was incurred in the 1988/89 fiscal year and the need for this line item being accounted for and paid from last years budget . j The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes - City Attorney Adler read the title of the ordinance amending its budget for the fiscal year 1988-89 by changing the sewer fund budget by making line item changes between departments. Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing and opened to the Commission for possible action. i A motion was made by Commissioner Bertino, seconded by Commissioner 1 Grace to adopt on second reading the ordinance amending its budget for the fiscal year 1988-89 by changing the sewer fund budget by making line item changes between departments. The motion passed on the following roll call vote : t Commissioner Bertino-yes Vice-Mayor Mikes-yes ` Commissioner Cook-yes Mayor McFlyea-yes Commissioner Grace-yes I 5. SITE PLAN REQUESTS - None 6. EXPENDITURE REQUESTS - None Regular Commission Meeting 8 October 10, 1989 ik F71 1 7. SPECIAL REQUESTS 1 7 . 1 Mr. Jerry Klein stepped forward to request issuance of an { occupational license for an auction that was continued from the Regular Commission Meeting of September 26, 1989. City Attorney Adler informed the Commission that the Broward Sheriff' s Office does not handle the Police check that is required on i the new application form now in use for auctions . Mr. Adler informed the Commission that these checks must be handled by Tallahassee only. 4 A motion was made by Commissioner Cook, seconded by Commissioner Bertino to grant the request for issuance of an occupational .license for an auction to Mr. Jerry Klein subject to Dania receiving a l favorable clearance report on Mr . Klein from the law enforcement agency in Tallahassee. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes * 7 . 2 Christy Major, Chairman of the Board of Greater Hollywood Jaycees stepped forward to request approval to conduct a haunted house at Seafair . Ms . Major explained that this haunted house is unique in that it is geared towards accommodating the Special Olympics. A motion was made by Commissioner Cook, seconded by Commissioner Grace to grant the request to the Hollywood Jaycees for a haunted house at Seafair with the understanding that they comply with all city requirements and have sufficient security provided by the Sheriff ' s Department in the area. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes t 8. APPOINTMENTS - None 9. DISCUSSION 9 . 1 Concurrency A) Statutory Requirements B) Grant Available C ) Resolution approving Consultant Services Contract Mr. Larry Leeds explained to the Commission that concurrency is a state law requirement thru our master plan that development in Dania is permitted subject to the availability of public services to serve a development, i .e . ; water, sewer, drainage and roads . Mr. Leeds informed the Commission that every city, county and incorporated entity in the state is required to have a concurrency management system and is required to amend their land development regulations in order to implement the adopted comprehensive plan in the City. Mr. Leeds explained that the State has made a planning grant available based on a City ' s population to prepare such a concurrency management system and land development regulations . These funds would be used to develop a way to monitor and regulate its development accordingly. Mr. Leeds urged the Commission to approve the application with the State due to the time frame for filing of October 30. Regular Commission Meeting 9 October 10, 1989 i A motion was made by Commissioner Cook , seconded by Commissioner Bertino to adopt the resolution approving consultant services contract for professional planning services for preparation of land development regulations between the City of Dania and Laurence G. 7 Leeds , D/B/A Leeds Company and also to approve the submission of the application to the State for grant . City Attorney Adler read the title of the resolution approving consultant services contract for professional planning services for preparation of land development regulations between the City of Dania and Laurence G. Leeds , D/B/A Leeds Company; and authorizing the appropriate City Officials to execute said contract . 1 The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice-Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i Mr. Leeds informed the Commission that a draft of the land development regulations will be prepared for Commission review at a workshop meeting in the future . 10. CITIZEN'S COMMENTS - None 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager City Manager Flatley had requested earlier in the meeting that a workshop be scheduled for October 24 at 7 : 30 p.m. to discuss "Glen-Lauren Plat" . 11 . 2 City Attorney City Attorney Adler informed the Commission of an Ordinance forthcoming relating to notices being sent out prior to the Planning and Zoning Board Meetings and a resolution for a form that will be utilized . s 12. COMMISSION COMMENTS 12 . 1 Commissioner Bertino - Commissioner Bertino requested City Manager Flately to see that a review of flex zone approvals and site plans that have passed their deadlines be conducted in order to be addressed by the Commission. 12. 2 Commissioner Cook - no comment 12. 3 Commissioner Grace Commissioner Grace wished the Commissioners good luck in the trip to Tallahassee. Commissioner Grace informed the audience that Mayor McElyea and herself will be attending the Chester Byrd Banquet at Bethune College on Friday evening . She also informed the audience that there will be a bus leaving from Modello Park on Saturday, October 14th at 12: 00 noon to transport children to the football game between Bethune-Cookman College Wildcats and South Carolina State at Lockhart +I Stadium and encouraged community participation . 12.4 Vice-Mayor Mikes Vice-Mayor Mikes informed the Commission that he has requested a copy of the federal court ruling on the main runway shutdown at the airport and that this ruling is being sent to City Manager Flatley. Regular Commission Meeting 10 October 10 , 1989 F j 4 > (Y4 r r� r 3 sl r i r I Vice-Mayor Mikes requested the Unsafe Structures Board to look into the Murray Van & Storage building on Federal Highway as it is in need of being torn down . i 12.5 Mayor McElyea - no comment This regular commission meeting was then adjourned . t � le /r-Cofimi sio 8 i City Clerk-Auditor I t 4 f c r 4 i r r I r r i ( 1 f t Regular Commission Meeting 11 October 10, 1989 is*: it t ii II AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 10, 1989 8:00 P.M. I { r INVOCATION PLEDGE OF ALLEGIANCE j ROLL CALL PRESENTATIONS - 1989 Red Ribbon Campaign for a Drug Free Youth r Federal Grant Award for Operation Bootstrap i 1 . CONSENT AGENDA Minutes 1 . 1 September 21 , 1989, special meeting 1 1 . 2 September 26, 1989, regular meeting i Resolutions I i 1 . 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN CITY OF DANIA AND PORT EVERGLADES AUTHORITY FOR INSPECTION SERVICES; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY FOR PARK IMPROVEMENTS TO CHESTER A . BYRD PARK IN THE AMOUNT OF $20,000; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1 . 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOTS 10 AND 11, BLK 1 , 9 WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT :A•4/ BOOK 23, PAGE 49, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL, LESS THE SOUTH 30. 75' THEREOF, TOGETHER WITH LOT 12, BLOCK 1 , LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE 1/4 OF SECTION 29 ; THENCE SOUTH 88025 ' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29 , A DISTANCE OF 408. 75' ; THENCE NORTH O1034 ' 56" WEST, PERPENDICULAR TO LAST DESCRIBED COURSE, A DISTANCE OF 65. 08 ' TO THE POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A I CURVE CONCAVE SOUTHERLY HAVING A TANGENT BEARING OF NORTH 870 02 ' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337.83 ' , A CENTRAL ANGLE OF O10221101, FOR AN ARC DISTANCE OF 55. 88' TO THE END OF SAID CURVE; THENCE NORTH 88025' 04" EAST, ALONG A LINE 65. 75 ' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DIST„',CE OF 19 . 131 ; THENCE SOUTH O1°30147" EAST, A DISTANCE OF 30. 75 ' ; THENCE SOUTH 88025 ' 04" WEST, ALONG THE NORTHERLY EXISTING R/W LINE OF GRIFFIN ROAD, BEING 35 ' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 75 ' ; THENCE NORTH 01030147" WEST, A DISTANCE OF 30.75 ' TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FL, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR FILING OF CCPIES; AND PROVIDING FOR AN EFFECTIVE DATE." 1 1 r , CONSENT AGENDA (continued) 1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "MIZELL GARDENS" , SAME BEING: THAT PORTION OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF NW 7 AVENUE (FORMERLY MILWAUKEE AVENUE) AS SAID AVENUE IS SHOWN ON THE PLAT OF "TOWN OF MODELO" RECORDED IN PLAT BOOK "B" , PAGE 49 OF THE DADE COUNTY PUBLIC RECORDS; LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE WESTERLY LINE OF SAID 7 AVENUE ON THE SOUTH LINE OF SAID i SOUTH 1/2, THENCE RUN ALONG SAID WESTERLY LINE OF 7 AVENUE NORTH 13055147" EAST FOR 140' TO THE POINT OF BEGINNING; THENCE RUN PARALLEL TO THE SOUTH LINE OF SAID SOUTH 1/2, SOUTH 89022 ' 40" WEST, FOR 1001 , THENCE RUN NORTH 13055 , 47" EAST FOR 1001 ; THENCE RUN NORTH 88022140" EAST FOR 100 ' TO THE WESTERLY LINE OF SAID 7 J AVENUE; THENCE RUN ALONG SAID WESTERLY LINE SOUTH 13°55 ' 47" WEST FOR 100 ' TO THE POINT OF BEGINNING; AND LESS THE SOUTH 26 ' FOR ROAD PURPOSES; AND LESS THOSE PARCELS DESCRIBED IN THE BROWARD COUNTY OFFICIAL RECORDS AT BOOK 4262, PAGE 884; BOOK 4321 , PAGE 454 ; AND BOOK 6903, PAGE 97; ALSO DESCRIBED AS: A PORTION OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF NW 7 AVENUE (FORMERLY MILWAUKEE AVENUE) AS SAID AVENUE IS SHOWN ON THE PLAT OF "THE TOWN OF MODELO" RECORDED IN PLAT BOOK "B" , PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SAID NW 7 AVENUE AND THE SOUTH LINE OF SAID SOUTH 1/2 ; THENCE ON AN ASSUMED BEARING OF NORTH 12°37 ' 32" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1401 ; THENCE SOUTH 88005128" WEST AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTH 1/2 A DISTANCE OF 1001 ; THENCE NORTH 12°37 ' 32" EAST AND PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 152.991 ; THENCE SOUTH 88019115" WEST AND PARALLEL WITH THE SOUTH LINE OF "SARATOGA" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 100. 101 ; THENCE NORTH 12137132" EAST AND PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 50' TO AN INTERSECTION WITH THE SOUTH LINE OF SAID "SARATOGA" ; THENCE SOUTH 88,19 , 15" WEST ALONG SAID SOUTH LINE A DISTANCE OF 189 . 57 ' TO AN INTER- SECTION WITH THE WEST LINE OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 34 , SAID WEST LINE ALSO BEING THE EAST LINE OF "TROPIC PARK" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 52, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH O1026 , 13" EAST ALONG SAID EAST LINE A DISTANCE OF 333. 19 ' TO AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 34; THENCE NORTH 88005128" EAST ALONG SAID SOUTH LINE A DISTANCE OF 306. 34 ' TO THE POINT OF BEGINNING; LESS THEREFROM THE SOUTH 261 ; SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 83, 163 SQUARE FEET ( 1 . 909 ACRES) 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 "MIZELL GARDENS" ; 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.." (property located at the NW corner of West Dania Beach Boulevard 6 7 Ave) 2 1 . 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 1 THROUGH 4 , BOTH INCLUSIVE, BLOCK 4 , TOGETHER WITH LOTS 1 THROUGH 8 , BOTH INCLUSIVE, AND LOTS 11 THROUGH 16, BOTH INCLUSIVE, BLOCK 5 , "VICTORY HEIGHTS" , AS RECORDED IN PLAT BOOK 21 , PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA LESS THAT PORTION FOR STIRLING ROAD RIGHT-OF-WAY; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; l 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 3 EFFECTIVE DATE. " (property located at Stirling Rd 5 Phippen Rd) r 1 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOT 10, BLOCK 1 , "COLLEGE TRACT" , AS RECORDED IN PLAT BOOK 19 AT PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-4 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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. " (property located on the west side of Phippen Road south of SW 10 Street) 1 . 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 11 . 10 OF ARTICLE 11 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR WRITTEN NOTICE OF HEARINGS OF THE PLANNING AND ZONING BOARD RELATING TO REQUESTED CHANGES IN THE ZONING REGULATIONS AND THE GRANTING OF VARIANCES AND SPECIAL EXCEPTIONS; 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. PROCLAMATIONS 2 . 1 Italian American Heritage Day - October 7, 1989 3. BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4 . 1 Petitioner/Owner - Marine Conversions , Inc . ; property located at 801 NE Third Street (continued from 9/26/89) Public Hearing - VA-36-89 - A variance is requested to allow the use of a trailer as a temporary office for a time period to be determined by the City Commission . I � I i 3 i F 71 F PUBLIC HEARINGS (continued) 4 .2 Petitioner - Berry & Calvin, Owner - Estate of Robert Graf; property located on the NW corner of SE 5th Avenue and SE 7th Street . (continued from 9/26/89) Public Hearing - PL-60-89 (second reading of ordinance) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GLEN-LAUREN HOMES" , SAME BEING: THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, SAID PROPERTY SITUATES, LYING AND BEING IN BROWARD COUNTY, I FLORIDA, AND CONTAINING 5.2431 ACRES (228 ,389 SQ. FT. ) MORE OR C LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "GLEN-LAUREN HOMES" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE 1 REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." a 4 . 3 Petitioner/Owner - Frank Mirrer; property located at 1476-80 South Dixie Highway (continued from 9/26/89) i Public Hearing - SE-56-89 - A special exception is requested to allow an enclosed vehicle service establishment . 4 . 4 Petitioner - Richard Feragortrii ; Owner - Barnett Bank of South Florida; property located at 1301 South Federal Highway j (continued from 9/26/89) A) Public Hearing - RZ-57-89 (second & final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOW- ING DESCRIBED LANDS, TO-WIT: LOTS 6 THROUGH 13, TOGETHER WITH LOTS 18 THROUGH 23, BLOCK 3, "DIXIE WAY" , AS RECORDED IN PLAT BOOK 12, PAGE 4 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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. " i :A.oF B) Public Hearing - LUF-62-89 - A land use flex change is requested to allocate 0. 63 acres of commercial flex acreage . C) SP-71-89 - A site plan approval is requested for a shopping center i 4 . 5 Petitioner - George Murray; Owner - Brenda Miller; property located at 1001 SW 12 Avenue (continued from 9/26/89) Public Hearing - VA-58-89 - A variance is requested to permit the following : a) 11 ' exterior side yard setback ( 15' required) ; b) 21' front yard setback (25' required) . 4 . 6 Petitioner/Owner - Bernadette Mazza; property located at 414 SE Third Street (continued from 9/26/89) Public Hearing - VA-59-89 - A variance is requested to allow the construction of a screen enclosure with a 4' rear yard setback ( 15' required) . 4 r i PUBLIC HEARINGS (continued) Administrative Ordinances (second & final reading) 2 4 . 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-73 OF ARTICLE V OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY CHANGING THE SECTION DESIGNATION FROM SAID SECTION 13-73 OF ARTICLE V OF CHAPTER 13 TO SECTION 13-33 OF ARTICLE II OF CHAPTER 13 ; 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. " 4 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 9. 31 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE THAT FIRE PUBLIC SAFETY FACILITIES FEES SHALL BE PAID AT THE TIME, OF ISSUANCE OF BUILDING PERMITS; 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 4 . 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-38 OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: "RATES AND CHARGES FOR i SERVICE" AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF CHAPTER 27, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; AND PRO- VIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLU- TIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE" . (continued from 9/26/89) 4 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY CHANGING THE SEWER FUND BUDGET BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; 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." m.a (Emergency first and second readings due to time frame) 5. SITE PLAN REQUESTS - none I V 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS 7 . 1 Request by Jerry Klein for issuance of occupational license for auction. (continued from 9/26/89) 7 . 2 Request by Hollywood Jaycees for a haunted house at Seafair. 8. APPOINTMENTS - none 9. DISCUSSION j 9. 1 Concurrency : A) Statutory Requirements B) Grant Available C) Resolution approving Consultant Services Contract i 5 I , t , 10. 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 . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager A) Set workshop date for water rates and "Glen-Lauren Plat" i 11 . 2 City Attorney 12. COMMISSION COMMENTS 12 . 1 Commissioner Bertino 12. 2 Commissioner Cook 12. 3 Commissioner Grace 12. 4 Vice Mayor Mikes 12. 5 Mayor Mc Elyea ------------------------------------------------------------------- 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 TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I j i i 6 I 1 , L� I lw IRE DO -IOU FIT IN?* State Chairman Ginl Hill s Florida Informed Parents r u (904)385.7541 I BG o w° Broward Chairman - Janyce Becker j S 0) pJ Braward Informed I ,�Fss r Parents 1 (305)524-5379 GOVER MEp1A �MENT o DRUG- FREE lAW CE- C FAMILY J SCH I ENFpP a GCS � MENS 9EE COS I v�y OSFti C�\SG Fy N O Nm T/ . yy74P ru q��pL '�s � 0 a- ZZ m N P i 1989 I I F L 0 R I D A RedRibbon C A M P A I G N Florida Informed Parents .AP.• for Drug Free Youth, Inc. BROWARD INFORMED PARENTS FOR A DRUG FREE Y O U T H i P.O.BOX 4645 • FT.LAUDERDALE, FLORIDA 33338 v A.C.(305)524-5379 i A MEMBER OF FLORIDA INFORMED PARENTS � i i "Slick Your Neck Out For Kidsl" - Purpose of the Message from the National Chairmen: 1989 Red Ribbon The Red Ribbon Campaign is celebrating community l involvement and commitment for a Drug Free America. Campaign. We are proud to be part of the Red Ribbon team led by To present a the National Federation of Parents. You play an important I unified and role in making the 1989 Red Ribbon Week activities and visible programs successful in your communities. In order to transform America into a healthy, drug-free nation, every commitment citizen must take an active stand against any use of toward the illegal drugs and any illegal use of legal drugs. creation of a Wear a Red Ribbon and encourage others to participate Drug Free in Red Ribbon Week, October 22- 29, 1989. Liberate our America. nation from the deadly grip of drugs. The Red Ribbon Campaign ;G 0w 4r Ja t, "di�- will: Colonel Frank Borman and Mrs. Susan Borman •Create awareness about the drug problems facing every community. *Establish effective parent/ community teams across March 1989 .. .� ou• FLORIDASTATE America. .. F i *Support drug-free, healthy Greetings: ;; ;,; ,;.... j •r'" lifestyles. As this year's honorary co-chairmen of the statewide Red Ribbon Campaign,we're looking forward to having the best campaign ever. Every year, red ribbon activities have expanded, becoming more creative and involving people from all walks of life. As former school teachers,we both know about the problems young people are facing,and we're deeply concerned about protecting them from the devastation of illegal drugs. You are the front-line workers—the parents,educators, business and community leaders, government workers and children—who have successfully brought attention to this monumental problem. But there is still much more to be done before we can be assured that children will grow up in a drug-free environment—free from confusion, free from the fear of being trapped in drug addiction and free from drug peddlers preying on their young lives. We can't slop until every child is safe from these threa's and we reach our youngest children before they get involved with drugs. In President Bush's inaugural address, he expressed a principle that should be at the heart of all our efforts: "Use power to help ( people. This is your mission. This is my mission." United together,our voices can send a powerful message that will affect the children of this generation and echo for generations to come. Thank you for your participation in this year's campaign and I your efforts to fight drug and alcohol abuse. I Sincerely, 11J<<tigy �,K h(L Governor Firstady IT i 7 J l + t k 1 I i i BROWARD INFORMED PARENTS RED RIBBON WEEK CAMPAIGN KNOWN EVENTS TAKING PLACE CANDLELITE PROCESSION THE PARADE WILL BEGIN AT 6: OPhI ON OCTOBER 29TH, IN DOWNTOWN FORT 4 LAUDERDALE. IT WILL PROCEED EASTBOUND FROM BUSIER PARK ON LAS OLAS BLVD. To BTH AVENUE, U-TURN AND MAKE IT'S WAY BACK TO BUSIER PARK. PLEASE DO NOT USE CANDLES FOR SAFETY 'S SAKE. GLOW STICKS OR FLASHLIGHTS ARE RECOMMENDED. j PARKING IS AVAILABLE AT THE TWO CITY GARAGE BUILDINGS LOCATED AT SE i AVENUE AND 2 STREET, FOR UNITS PARTICIPATING IN THE PARADE THERE WILL BE THREE 'SPIRIT ' AW11RDS GIVEN FOR THOSE WHO EXHIBIT THE MOST ENTHUSIASM FOR RED RIBBON WEEK DURING THE PARADE. THERE WILL BE BANDS INVOLVED BUT THEY WILL NOT BE ELIGIBLE FOR THE 'SPIRIT ' AWARDS. MOTOR VEHICLES ARE PROHIBITED FROM THE PARADE. DIGNITARIES WILL RIDE IN SMALL HORSE DRAWN SURREYS. FORM-UP WILL BEGIN PRIOR TO 6r70PAl. RED RIBBON WEEK KICK-OFF BREAKFAST SET FOR 3:00AM ON OCTOBER 27 AT THE HOLIDAY INN, PLANTATION. THIS EVENT IS BY INVITATION ONLY. THE BREAKFAST IS FREE OF CHARGE THANKS TO THE HOLIDAY INN AND THE BROWARD COUNTY SCHOOL BOARD. ANNUAL BROWARD COUNTY SAAY,/SADO CONFERENCE I SET FOR OCTOBER 26TH AT PARKER PLAYHOUSE, FORT LAUDERDALE. FOR FURTHER INFORMATION CALL STEPHANIE WEAVER AT 765-6537 f LIBRARY DISPLAYS ; PROCLAMATIONS FROM VARIOUS AGENCIES AND CITY GOVERNMENTS, ALONG WITH POSTERS DONE BY CHILDREN FROM THE HOUSING PROJECTS THROUGHOUT BROWARD WILL BE DISPLAYED IN THE MAIN AND BRANCH LIBRARIES FOR THE ENTIRE WEEK. BRQWARD RELIGIOUS COALITION I CHURCHES AND SYNAGOGUES THROUGHOUT DROWARO COUNTY WILL CARRY ANTI-DRUG MESSAGES IN THEIR WEEKLY BULLETINS. PRIESTS, RABBIS AND PASTORS WILL DELIVER SERMONS BEARING AN ANTI-DRUG MESSAGE EITHER ON THE 22ND OR 29TH OF OCTOBER. BROWARD COUNTY HOUSING AUTHORITY EACH HOME IN EACH PROJECT (BOO FAMILIES) WILL BE DECORA TED IJITH j RED RIBBONS, THE CHILDREN IN THE PROJECTS WILL BE PARTICIPATING BY CREATING ANTI-DRUG POSTERS WHICH WILL BE DISPLAYED AT THE BRDWARD COUN11' LIBRARY. THERE WILL ALSO BE AN ESSAY CONTEST WITH THE TWO WINNERS BEING READ AT THE CANDLELITE PROCESSION. Y lit r URBAN LEAGUE IiI A PARADE IS SET FOR OCTOBER 21ST STARTING AT 9:OOAM FROM NW 5 AVENUE AND 6 STREET, WESTBOUND TO NW 19 AVENUE. A RALLY WILL I FOLLOW THE PARADE AT LINCOLN PARK, ON OCTOBER 22NO A BREAKFAST WILL BE HELD AT THE YMCA BY THE URBAN ff LEAGUE, THE ' Y ' AND A COALITION OF CONCERNED CITIZENS. ON OCTOBER 25TH AN ANTI-DRUG TALENT EXHIBITION WILL BE HELD AT THE MIZELL LIBRARY ON NW 6 STREET. FOR FURTHER INFORMATION CALL URBAN LEAGUE. . . 584-0908. THE TELEPHONE PIONEERS THE PIONEERS ARE, ONCE AGAIN, PROVIDING RED RIBBONS FOR EACH AND EVERY SCHOOL CHILD IN THE BROWARD COUNTY SCHOOL SYSTEM. THANK YOU ALL BROWARD COUNTY MASS TRANSIT PLANNING ON HAVING RED RIBBONS ON ALL IT 'S BUSSES FOR THE ENTIRE �. WEEK. .�F BARC WILL BE DECKED OUT IN RED RIBBONS. EXPERTS FROM THEIR SPEAI(ER 'S BUREAU WILL BE ADDRESSING MANY DIFFERENT GROUPS AT VARIOUS COMMUNITY FUNCTIONS WITH ANTI-DRUG MESSAGES. THEY WILL ALSO BE ATTENDING THE RED RIBBON KICK-OFF BREAKFAST. MS. JACI.IE WILSON, BARCS PREVENTION EDUCATION COORDINATOR, IS SCHEDULED TO SPEAK DURING THAT WEEK TO LOCAL GROUPS. 1 FOR MORE INFORMATION CALL BARC FOR PEG WOEHL OR KATE PEACOCI: AT f a. 76,-,y rgg UNIVERSITY MALL 1 ON OCTOBER 21ST AT THE UNIVERSITY MALL IN PEMBROKE PINES, THERE WILL BE AN ALL DAY DISPLAY OF ANTI-DRUG EFFORTS INVOLVING THE GIRL SCOUTS AND GLENBEIGH HOSPITAL . i FOR FURTHER INFORMATION PLEASE CALL MS. MARY BAIRA AT 1-525-6770 LOCAL HOSPITALS FORT LAUDERDALE HOSPITAL WILL BE DECKED OUT IN RED RIBBONS. NORTH BROWARD MEDICAL CENTER WILL LIKEWISE BE DRESSED OUT IN REO RIBBONS, PLANTATION GENERAL HOSPITAL WILL BE SPORTING A RED RIBBON BANNER OUT IN FRONT OF THE MAIN BUILDING. RED RIBBONS WILL ALSO SHOW UP IN THE PAY ENVELOPES OF EACH EMPLOYEE AND PRIZES WILL BE GIVEN OUT FOR WEARING THEM. THE HOSPITAL IS PARTNERS IN EXCELLENCE WITH AN ELEMENTARY SCHOOL T 1 t l �. Y AND A HIGH SCHOOL . IT HAS BEEN ARRANGED SO THAT EACH NEWBORN B DURING RED RIBBON WEEK WILL GET HIS/HER VERY OWN RED RIBBON ABI' TIED ON BY A SCHOOL CHILD. EACH YEAR THE HOSPITAL HOSTS A 'PUNKIN PATCH ' FOR KIDS. THIS YEAR EACH CHILD WILL BE GIVEN A TRICK OR TREAT BAG I MPRINTED WITH "PLANTATION HOSPITAL SUPPORTS RED RIBBON CAMPAIGN!" FOR FURTHER INFORMATION CONTACT MS, SANDRA DILTS. , . 797-6478. BROWARD COUNTY SCHOOLS EACH SCHOOL IS LEFT TO IT 'S OWN DEVICES AS TO WHAT TYPE OF EVENT OR ACTIVIrY THEY WANT TO GET INVOLVED THOUGH, HAS REQUESTED THAT EACH SCHOOL PARTICIPATE.IN. THE SUPERINTENDANT, SOME SCHOOLS, SUCH AS HOLLYWOOD CENTRAL ELEMENTARY, HAVE DECIDED TO HAVE RED RIBBONS UP THE ENTIRE MONTH.CHECK WITH YOUR LOCAL SCHOOL TO DETERMINE WHAT THEY ARE DOING AND I IF YOU CAN HELP. BROWARD SHERIFF 'S OFFICE MS. LINDA DESANTO, BSO, WILL BE VERY BUSY THE MORNING OF OCTOBER -25T11- AT APPROXIh1ATELY 3:_50Ap1 DEPUTY DESANTO, A AND FOUR PRISONERS WILL BEGIN PUTTING UP STOCKADE DEPUTY "OPERATION CRADLE" SIGNS A T SCHOOLS ALL OVER THE COUNTY. SARGEANT CHUCI,, DRAGO, FLPD AND THE FT, LAUDERDALE COUNCIL OF CIVIC ASSOCIATIONS, WILL BE POSTING THE CITY SCHOOLS ON THE SAME DAY. THE WHOLE EFFORT WILL BEGIN FROM THE FORT LAUDERDALE POLICE DEPARTMENT PARKING LOT. "OPERATION CRADLE" MAKES A CLEAR STATEMENT TO ANYONE SELLING OR j POSSESSING DRUGS WITHIN 1000 FEET OF ANY SCHOOL, THAT THEY WILL BE ARRESTED AND DEALT WITH HARSHLY. MORE COMMONLY KNOWN AS DRUG FREE J ZONES, BROWARD COUNTY HAS THE DISTINCTION OF HAVING POSTED THE FOR yFURTHERSINFORMATION IGN IN THE SPLEASETATE FCONTACT FLORIDA DEPUTYEALINDA DESANTO AT 492-1310 Exr. 404. FLORIDA ATLANTIC UNIVERSITY F.A. U. HAS SPECIAL ORDERED A GIGANTIC. . . 10 , X 50 -, , ,RED RIBBON TO i HANG FROM THEIR BUILDING 'S TOWER NEAR EAST LAS OLAS BLVD. THE KING KONG SIZED RIBBON WILL BEAR THE DRUGS! ! ! FOR ALL THE WORLD TO ,SEE. MESSAGE "F.A. U. SAYS NO TO STEVE MILLER BELIEVES F.A. U. MIGHT HAVE A THE GUINNESS BOOK OF RECORDS, , , CREDIBLE CANDIDATE FOR F.A. U. IS PLANNING ON HANGING THE CREDIBLE RIBBON ON THE 16TH BUT DEA TILS ARE STILL IN THE PLANNING PROCESS. I i rt r W