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Home My WebLink AboutNULL (320) n. III i , ) j MINUTES DANIA CITY COMMISSION REGULAR MEETING DECEMBER 12, 1989 INVOCATION BY WANDA MULLIKIN PLEDGE OF ALLEGIANCE ' ROLL CALL: t i Present : Mayor; Charles McElyea Vice--Mayor : Bob Mikes Couun it;r;ioneIs : ,lean Cook Bobbie Grace John Berlin(, City Attorney: Frank Adler City Manager: Robert Flat.ley City Clerk : Wanda Mullikin PRESENTATIONS Commander Hernandez , BSO, informed the public that- the j dinner, sponsored by Broward County Sheriff ' s Office Advisory Co wrci_l, held al. Collins Elementary cur December 2 fed over 1 , 000 needy persons . Commander Hernandez informed 1.110 public that a Christmas i ParLy, sponsored by BSO and Lhe City -)f Dania Firefighters , will br-� held on December 20 at 2 : 00 p.m . in the City Hall C _ Atrium for needy children. Commander lierrraudez expects to give out. approximately 10 bicycle!, and 70-80 presents . Commander He encourayed citizen and Commission pan p ic at_ ion. rr Commander ernande o z reprted that BSO h (: .oil ouli.scated F several vehicles during investigations that has amounted to $9, 950 . 00 for the Dania Law Enforcement: Trust Fund . PULLED FROM CONSENT AGENDA Commissioner Grace requested that: 1 . 1-1 and 1 . 8 and Vice- Mayor Mikes requested 1 . 2, 1 . 6 , 1 . 11 , 1 . 12 , 1 . 16 and 1 . 17 be pulled from the Consent Agenda. City Manager Fiatley requested that 1 . 13 be pulled . 1 . CONSENT AGENDA Minutes 1 . 1 Workshop meeting oC November 14 , 198() 1 . 3 Workshop meeting of November 20, 1989 1 . 4 Workshop meeting of November 21 , 1989 1 . 5 Special meeting of November 21 , 1989 i Ordinances 1 .7 Cily attorney Adler read Lhe title of the Ordinance annexing to the City of Dania certain properties described as Lhe north 70 feet of Lhe south 210 feet of tract. ] 6 of Seaboard Farms , accordiny Lo the plat thereof , recorded in plat, book 18 , page 22 , of Llm public records of Broward Counl.y, Florida , said lau,ls !: itu.00 , lying and being in Broward County , Florida , tugelher With any interest of petitioners/owners in adjacent public., right of-way; and providing for filing (if copieu ; -inl providing for an effective (late . i 1 . 8 City Attorney Adler read the lit.le of the ordirnance annexing to the City of Dania Certain properl,ies described as lyre eat;1 158 feet (>f Lhe vnrilh 1-10 feet of tracL 16, Seaboard Farms , according to the plat t.herei:)f , recorded :in plat book 18 , page 22 , of the public records of Broward County, Florida, said lands situat-e , lying and being in ytrr a Broward County , Florida , together with an} interest of "REGULAR COMMISSION MEF.TTNG 1 DECEMBER 12 , 1989 i • IiQYJY3Y+tiu,WaW:4i».^.+c.az'...rS.xk�.r. .. _.. .. . ,..... ... ...... .... ... ,. . _:,.-. +' ��F,h s.:1. :. �� yµ } �t � A v'i-�.'�ha• i 1 r , E , g , 1 petitioners/owners in adideenL public right-of waY ; and providing for filing of copies; ; and providing for an effective date . 1 .9 City Attorney Adler read the title of the ordinance amending Article 10 of Chapter 28 of the code of ordinances of the City of Dania, Florida, Co require a four-f. iffh;; vote of the City Conuissi.Orr for the approval of certain u variances; providingfor separability. (, r' 1 . 10 City Attorney Adler read the tittle of the ordinance 1 rezoning the following described lands, to-wit: Lots II and I 9 , Block 1 of "College Tract" accord-ing to the plat thereof as recorded in plat book 19 , 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-1 zoning classification under the provisions of Ordinance No. 100 of Lhe City of Dania , [ Florida , as amended. i Resolutions I j 1 .15 City Attorney Adler read Ube title of the resolution amending its budget for the fiscal year 1989-90 by making line item changes between departments. 1 .19 City At-torney Adler read the Litle of the resolution approval local government land development regulation assistance program contract between the City of Dania and State of Florida Department of Community Affairs . f A motion was made by Commissioner Cook, seconded by Commiss-toner Grace to approve the consent agenda with the exception of items 1 . 2„ 1 . 6 , 1 . 8 , 1 . 11 , 1. . 12 , 1 . 13 , 1 .14 , 1 .16 and 1 . 17 . i The motion passed on the following roll call vote: I Commissioner Berti.nO-Yes Vice-Mayor Mikes-yes MCEl yeaor Commissioner Cook-yes Mayor � -y, .es f Commissioner Grace-yes PULLED FROM CONSENT AGENDA j 1 . 2 A motion was made by Vice-Mayor Mikes , seconded by Commissioner Bertino to table the approval of the regular meeting minutes of November 14 , 1989 until after item 9 . 2 has been discussed as it relaLes to appointments to the Is Dania Housing Authority. 1 t 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 i 1 .6 City Attorney Adler read the title of the ordinance amending Subsection (c) of Section 6 . 21 , Chapter 28 , of the Code of Ordinances of the City of Dania , Florida to provide off-street parking requirements for multi-operator retail facility or a multi-operator retail mall . i I City Manager Flatley explained that this ordinance is an effort to control the: proliferation of one and two family shop ; turning into malls with 2.0 or more opetators; which has created a parking problem in the downtown area . A motion was made by Vice Mayor Mikes , seconded by Commissioner BerLino to adopt on first reading the ordinance amending Sub potion (c) of Serl.ion 6. 21 , Chapter 28 , of the Code of Ordinances of the Cil-y of Dania , Florida to provide ' off-sLreet parking requirements for multi -operator retail facility and a multi-operator retail malt . :c. All REGULAR COMMISSION MEETTNC, 2DECEMBER 12 , 1989 1T q .�S .,5 t � 4J i t , t 17 . u n I 'FF Conuuissi.ouer Bertino suggested taking a close look at these j types of mall establishments to determine if they are taking i bUsineSS away from the more established shops in the � downtown area arid whether that is good for Dania . t The motion passed on the following roll call vote : { Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes f Commissioner_ Grace yes 1 . 1.1 City Attorney Adler read tine title of the ordinance r rezoning the following described ] ands, to-wit : Parcel A: the east 683. 19 feet of Tract ' A' , less the south 295 feet thereof , "Ro -Amended Plat of Hollywood Palms" , as recorded j in Plat Book 36, Page 46 , of the public records of Broward County, Florida and containing 13 . 000 acres , more or less; and Parcel B: tile west 640. 86 feet of Tract. 'A' , less the f south 295 feel: thereof , "Re-Amendod Plat of Hollywood 1 Palms" , as recorded in Plat Book 36 , Page 46, of the public., records of Broward County, Floridd , dud containing 12 . 000 acres , more or Less ; said ] ands situate, Lying and being in Lhe City of Dania , Broward County, Florida; from present zoning classification to C-4 zoning classification under the provisions of Ordinance No. 100 of the CiLy of Dania , W Florida, as amended . I Larry Leeds , Growth Management Director, stepped forward to f explain that this ordinance is a petition for a warehouse development that is directly south of OCedn Waterway Trailer Park. Mr. Leeds explained that Lhe site plan that goes 4 along with this ordinance to show the cunfigural-ion will be j presented at. the pub] ic hearing. i r Discussion then followed regarding whether this s Cpropern Y has exceeded the DRI threshold dud whether the property is vested under. concurrenry. Mr. Leeds .informed the Couuuission that if they approve this rezoning , they may still have to deal with these two major issues . A motion wds made by Commissioner Cook to adopt. this ordinance on first reading. After further discussion , a second motion was made by }� Commissioner Bertino, seconded by Coumi-ssioner Cook to table the first reading of this ordinance until the Commission has reviewed the traffic stud this Y on s property. The motion passed on the Following roll call. vote : Commissioner Bertino-Yes Vice-Mayor Mikes-ye:; i Commissioner Cook-ye`; Mayor McElyea-yes Commissioner Grace-yes I j 1 . 12 City Attorney Adler read the title of the nru.inance amending 9ectio❑ 4 . 20, of Article 4 , of Chapter, 28 of the Code of Ordinances of Lhe City of Dania , Florida , to provide for opeu air hand washing and wdxing of dutouu>biles , vans and certain trucks as a special exception use it, C-3 zoning clot i ` ication . t Larry Lectcls ozplainod that this ordinance rotates Lo d property owner who wantod to pnl up d hand cdr wd:;la and was advised that car, washing wds not included as a permitted use under the city Code . fheroforo , Llnfs properly owner submitted a r'ecluest for a text amendment to (he coda . i Larry Leeds; recouunended this item ho continued as the attorney yerer,rl ' s opinion 11,W indicated thdt this request may require a quarter—page ddvertisement_ and two public i hearings .and that, the petil_ioner n wo d have to benformed to crime in a pay fur Lhe advaItiseineut . REGULAR COh1MIS5I0N DIEETNG 3 DECEMBER 12, 1.989 r J n �iy j � t 1 A motion was made by Vice-Mayc,r Mikes , seconded by Commissioner Bertino to deny first reading of this ordinance. The motion to deny passed on the following roll call. vote: - I Commissioner Bertino-yes Vice -Mayor Mikes-yes i Commissioner Cook-yes Mayor McElyea-yes � Commissioner Grace-yes Commissioner Bertino directed City Manager Flatley to j research the one car wash business located in Dania to determine if all legal requirement were made since this is not an acceptable use under code and to report on what steps i to Lake to curtail Lhis type of business . 1 . 13 City Attorney Adler- read the title of the ordinance amending Section 1 . 20 of Article 4 , of Chapter. 28 of the Code of Ordinances to provide for passenger transportation bus service facilities as a special exception use in TR zoning classification. i City Manager Flatley explained that he pulled this item from the consent, agenda as this; item would also require a quarter-page ad and two public hearings before adoption. j i Larry Leeds explained that a property owner has requested an amendment to the code to allow a bus transportation fdcility as a permitted use. f f A motion was made by Commissioner Bertino, seconded by i Commissioner Grace to deny the first reading of the I ordinance amending Section 4 . 20 of Article 4 , of Chapter 28 f of the Code of Ordinances to provide for passenger transportation bus service facilities as a special exception juse in IR zoning classification . _._ City ALlorney Adler and Larry Leeds informed the Commission that this :item was prepared as a special exception use in IR zoning classification in error as it should have read j permitted use in IR zoning classification on tyre agenda . The motion to deny passed on the following roll call vote: j 1 Commissioner Bertino-yes Vice-Mayor Mikes-yes a«I Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes a 1 . 14 City Attorney Adler read the title of the ordinance authorizing the Southern Bell Telephone and Telegraph Company to use the public streets of the City of Dania for the purpose of erecting , constructing, maintaining and operating lines of telephone and telegraph equipment thereon 1 and thereunder. City Attorney Adler explained that Southern Bell :is the present franchise holder for telephone service in Dania and j that their franchise period is ending and that this ordinance is a renewal of this franchise. City Manager Flatley recommended adoption on first reading as he has had an opportunity to research the payment being received as being in conformity with what other cili.es are receiving . A motion was made by Commissioner Grace , seconded by Commissioner Cook to adopt on first, reading the ordinance authorizing the Southern Bell. Telephone and Telegraph Company to use th" public: streets of the City of Dania for the purpose of erecting , mai.ntaining and operating lines of telephone and telegraph equipment thereon � and thereunder with the .,t. i.pulaLiou that the franchise fee 1 he the highest fee t_sermitIed by law. a REGULAR COMMISSION MEFTTNG 4 DECEMBER 12, 1989 9e 4 y n , i I I City Manager Flatley assured Mayor McFlyea that he will obtain a response from Southern Bell on there responsibilities relating to pole removal and streeC repairs prior to the second reading of this ordinance . I� The motion passed on the following roll call vote: Commissioner Bertino yes Vice-Mayor Mikes yes Commissioner Cook yes Mayor MCElyea yes I Commissioner Grace yes 1 � Resolutions 1 . 16 City Attorney Adler read the title of the resolution 1 relating to NE 7th Avenue Special Assessment District in accordance with Chapter 170 , Florida Statutes . City Attorney Adler explained the procedure ; used relating to { this special assessment and that this resolution finalizing t 1 the assessment roll and provides for the City Clerk to i r f prepare the lien book . 3 A motion was made by Vice-Mayor Mikes , seconded by I Commissioner Cook to adopt: the resolution relating to NE 7th Avenue Special Assessment District in accordance with f Chapter 170 , Florida Statutes . I The motion passed on the following roll call vote: ' Commissioner Bertino-ye::; Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i ,. 1 .17 City Attorney Adler read the tittle of the resolution providing for the rcquisit.ion and construction of roadway, drainage and intersection improvements ; providing for the issuance of $525, 000 special assessment improvement bonds , I series 1989 (N . E . 7th Avenue Protect ) of the City to finance the cost thereof ; providing for the rights , security, and remedies of the registered owners of such bonds ; providing j for an effective date . 1 � Clark Bennett , William R . Hough k Company, stepped forward to explain that his company is the municipal bond underwriters; for the assessment district: improvement revenue bonds . Mr. Bennett informed the public that these bonds are available for purchase in $5, 000 denominations on a first come first serve basis . City Attorney Adler confirmed that "Exhibit C" of the Bond Purchase Agreement depicts the term maturity in 2010 to be $380 , 000 not $360 , 000 as pinsented in the preliminary iagreement . Glenn Gerena , Es q. , Ruden, Barnett. , et al , stepped forward to present City Manager Flatley with the good faith check in the amount of 1% of the bond issue that will insure there performance of closing of the bond issue . Mr . Gerena informed the Commission ghat the closing (if this transaction will take place on December 27 1989 . j ! Mr. Gerena confirmed to l.he public that no City funds were used to funs] this project and that there are no claims j against any funds of the City of Danis . A motion was made by Vice-Mayor Mikes , seconded by Commissioner Bert ino to adopt thin resc_rlution providing for the acquisition and construction of roadway , drainage and intersection improvements ; providing for the issuance of $525, 000 special i e ,smout improvement bonds, series 1989 (NE 7th Avenue Project) of the City to finance the cost thereof ; providiny for the rights , security, and remedies of the registered owners of such bonds; providing for an effective date . 5 �+ 1989 REGULAR COMMISSION MEETING 5 DECEMRER L2 , .- c �.s f !� 7 T]. The wotion passed on the following roll call vole : i Commissioner Bertino-yes Vice Mayor M kes'-} es Commissioner Cook yes Mayor McElyea ves Commissioner Grace des ( 1 .18 City ALtorney Adler read the Lille of the LOSe,lnL.ioll approving agreement between the CiLy of Dani.a and Broward County regarding a grant from pul:,lic services deparlmenl of Broward CounLy relating Lo afterschool program at Collins Park Elemenl.ary School . d Commissioner Grace direCted City Manager ElaLle\ Ln instruct: ^like Smith , Per orutel Director, to present more infor'matiorr on how this program works at the nest, regular commission meeLiny of Januari 9, 1989 . A mOL [Ott was Made by CouuuiSsiouet* Grace seconded by { Commissioner Bertino to adopl. Lhis ieSOltit ion . i The motion passed on the following roll call vole: i Commissioner Bpitino-yes vice-Mayor Mikes-aes i Couunissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes I, 2 . PROCLAMATIONS - none I 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS f Building & Zoning 4 . 1 (A) rALtorney A.J . Ryair , Jr. , repro crating J . P . Downs , stepped forward to esplaiu the Variance request (VA 77-89) Lo allow the constrrot.ion of a marine service facility with a 79 parking spaces (93 required) for property located at 800 j Old Griffin Road; special. excepli.on (SE 78-89) request for supplemental parking f.oi a marine Se'1l'iCe facility; revised site plan (SP-79- 89) request, rot a marine'. Licility . I ^Ir. Ryan explained that there are 82 parking spaces not 79 � I as listed on the agenda for the variance r eduesl , the I special exception is for an additional 11 parking spaces and that the site plau is inst being I to show Lhe additional parking spacer, on the northside of the property . j After diScussiou regarding the land _ capi jig , the Manor opened the public hearing . Heating un oue speak illfavor or opposil ion , Lhe Mayor closed the public hearing and opened + to the Commission for possible '('Lion. i A motion was made b% Vrce-Mayor `tikes , seconded b% Commissioner Bertino to grant- the variance request for VA- t 77-89 to allow Lhe construction of a marine service faciliti I wiLh 79 or 82 parking spaces subject to a revised site plan stowing 75% screening on Lhe landscapiny and Lhe requirement of art irrigation slslem. . The motion passed on then following roll call VoLe : Conunissiouru Ber t uo-yeas Vice Mayol `likes ios Commisioner Coon yes Macon McEIye t % r,!, - Comm L86111ne1' Gr,1c n-�'ey 1 . 1 (B) Mayor `h,Eliea opened the public heariny on ;C 78 89 to allow supplenevrtal p'rkiug for It Maine ser r.e Cacilily . lleariny tru one spe-ale in faeor or c�ppo rl. iuu the `1rvor closed the public hearing dud opened to, the Conunis.sion fvr �` possible '-lion . I{ ITEM 4. 1 REVISED 1-9-90 REGULAR CONIMISSTON MEETING G DECEMBE.,R 12 , 1989 r a 'y o r "ate r �1 Y+Y iA 1 1 i A motion was made by Commissioner Bertino, seconded by Commissioner Grace to grant this, special exception with the caveat that the landscaping be kept up as was originally indicated on the site plan , that the bank facilities be kept up such that extensive errosion of the land does riot take place, and that the ripr-di.) will be mined rock not rubble. 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 , 1 (C) Mayor McElyea opened the public hearing on SP-79-89 for approval of a revised site plan for a inarine service facility. Hearing no one speak in favor or opposition , the Mayor closed the public hearing and opened to the Commission for. possible action . i { Vice-Mayor Mikes made a motion , seconded by Commissioner Grace to continue this site plan approval until a Special j Coiimiission meeting of December 20 at 7 : 00 p.m. so that the final site plan s11owing the chauges can be reviewed prior to approval . { the motion passed on the fol-lowing roll call vote : Commissioner Bertino- yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes j Commissioner Grace-yes 4 . 2 Mr. Marc Sessa stepped forward to request vacation VC- 1 81-89 of an alley for property located between SE 6th and 7th Streets and between SE 3rd ..in(] 4th Avenues . i j Mayor McElyea opened the public hearing. After hearing Hugo Renda speak in opposition and no speak in favor, the Mayor' closed the public hear-ing grid opened to the Commission for possible action. { A motion was made by Commissioner Bertino, seconded by Commissioner' Cook to grant the request to vacate (VC-81-89) the alley located between SE 6th and 7th Streets and between SE 3rd and 4th Avenues and to adopt the resolution to this effect . 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 Administrative Ordinances (second & final reading) 4 . 3 City Attorney Adler read the title of the ordinance amending Ordinance No. 25 , as amended from time to time , providing for the increase of franchise fees ; providing for- enlargement of the franchise period providing for repeal of rate regulation; providing for definition of subscriber gross receipts; providing for renewal of franchise; providing for repeal of conflicting ordinances or resolution:;; and providing for ini efrective date of January 1. , 1990. City Manager Flatley informed I_he Commission that this ordinance raises the cable T.V franchise fee from 3o to 5%, reflects the requirements of the cable conununicat-ion policy act of 1984 , retains the previor.is ordinances that the city Commissions have passed (Ordinance No. 19 and Ordinance No. 25) and extends the non-exclusive franchise period for 10 i i,. REGULAR CUNMISSIO'd MEETING 7 DECEMBER 12„ 19P9 /{f S L. '- YwA+a+T+.A✓1'11Y�-4r 'l.:i.%.. ...te a:e+ v .. ... ... ..:n...:... . :,. . .... .._ ._ .-_.e...n.w..n1.J XlM. k ri , �n� 0. ' (0�) i years . Mr. Flatlet' :informed condu Lhe Commission that he has cted a survey with other ci.Lie:; ill Broward County and that Dania is now in conforoiiLy with what other citi charge and that Lite expected es $17 , 000 . revenue Co the City is around 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 oracle by Commissioner Cook,i Mayor Mikesto adopt on second reading thecond ordinanyeVice- amending Ordinance No. 25 relating to franchise requirements for Jones Intercable, Inc . The motion passed on the following roll call vote: CUIIIIIIIS.S' LUner BerLrn<r- r y e� Commissioner Cook-yes Vice-Mayor Mikes-yes Comm is Grace YesPlayor McElyea-yes i 4 . 4 City Attorney Adler read t1te title of the ordinance amending paragraph (b) of seclion 6-33 of the Code of Ordinances of the Ci residen Ly of Dania Florida to include ts who are panties to a m, agreement for otor vehicle lease/purchase tr.,coud rr�ading. Mayor' McFlyea opened the public hearing• speak in Hearing no one favor or opposition, 'lie May for Mayor closed tPte hearing and opened to Lhe Comm sson ii pubic I possible action . A motion was made by Coniniissioner Bertiuo, seconded by Cotwiu_ssi.oner Cook to adopt on second reading Lhe ord amending paragraph (b) inance of Section 6-33 of the Code of Ordinance:; of the City of. Dania , Florida Co include residents who are parli.es Lo a motor vehicle lease/purchase agreement relating to obtaini-ng beach stickers . i The motion Passed on the following roll call vote : Commissioner Berttno-yes Vice-Mayor Mes- kmmissioner Cook-ycs yes Co Conmiissioner Grace-yes Mayor McElyea-yes 4 . 5 City Attorney Adler read the Litle ordinance Pod Gas S to Peoples of tile of ystem, Inc. , a franchise for a thirty maintain a gas ul.il �� years to construct , operate and ania ; a Prescribing the ternisyand conditions of!jystel" it' tile CiLsuclC Dranchisedand for revocation thereof ror second reading , City Manager Flatley informed the Couunission that the franchise fee for Peoples Ga ; System has been increased from 3� l0 6� so that Dania will be in con cities in Browrrcl Count formity with other Commission that Peoples!i . M .Fl thes been requiredthe to add f10add "onal let. wher in flout Of their facility at the end Of ] OL,t Street. where it meets _lie canal .i Mayor McElyea opened the public hearing.j speak in favor or oppo Hearing nu onr� opposition, the Mayor dosed the public hearing and opened to the Commi:,:;ion for possible action . A motion by Vice - was made h , tin k , s JJJ mmiss.ioner Coor.rcxtdet-1 Mayor ^irkes to dtre�'t- City Manager Flal-let to negotiate with People ("is , tent t add a condition Lo the franchise •tgreement Lo review Lhe ft anchi :;e fee 1 Lo bring back to the rommr.,.,ion . r five year:; and The motion ptysed on the following roll call vote: Commissioner BerLi.no ye;; Counnisstonet Cook- yc. Vice-Mayor Mike yes omm�iss a ,e- ,es C loner Gr c � _ l t c,r 1cFI;: REGULAR I AR COMMISSION MEPFI'l _N DECFPIBFR 12, 1989 J ''4 Lf lM1 S aY If I i r -..... .. �1 4 . 6 City Attorney Adler read the title of the ordinance annexing certain properties described as Lots to 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, Florida . i Mayor McElyea explained that this property is located in the vicinity of Griffin and Ravenswood Road. I Mayor McElyea opened the public hearing . Hearing no one k speak in favor or opposition, the Mayor closed the public [II ' hearing and opened to the Comni.ssion for possible action. A motion was made by Commissioner Cook , seconded by commissioner Grace to adopt on second reading the ordinance annexing certain properties described as Lots 10 and 11 , Blk 1 , West Dania Heights . k The motion passed on the following roll call vote: f Commissioner BerCino-yet; Vice -Mayor Mikes-ye ; Commi-ssioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes � 4 .7 City Attorney Adler read the title of the ordinance annexing certain properties described as Lots 7 and 8 , Block 2, West. Dania Heights according to the plat thereof recorded in plat book 23 , page 49 , of the public records of Broward I county , Florida . S 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. I I I A motion was made by Commissioner Cook, seconded by 4 Commissioner Grace to adopt on second reading the ordinance annexing certain properties described a:; Lots 7 and 8 , Block 2 , West Dania Heights . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes i Commissioner Cook yes Mayor McElyea-Yes Commissioner Grace yes 4 . 8 City Attorney Adler read the title of the ordinance annexing certain properties described as Lot 3 , "Palmeador i Half Acres No. 2" , as recorded in Plat Book 23 , Page 37 , of the public records of Broward County , Florida . 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 Cook , seconded by Vice- Mayor Mikes to adopt on second reading the ordinance annexing certain properties described as Lot 3 , "Palmeador r Half Acres No. 2" . The motion passed on the following roll ("" I vote: Commissioner Bertrno-yes Vice-Mayor Mikes-yes ConuniSvYoner Cook yc :; Mayor- McElyed yes Commissioner Grace } es 5. SITE PLAN REQUESTS pY: 5. 1 Kevin Gutharcl , representing VMS Darria Associates , LLd . , stepped forward to request approval of a revised site plan for 49 apartment units located in the Watermark Development for property located Norlh of Sheridan Street and East of SE �. 5th Avenue. l xy' REGULAR COMMISSION MEETING 9 DECFMBER 12 , 1989wo" ,{lZa ' µy Wr r i x i vPA}4klF'.a"f°�'2"m5d�:f;,«,, r ° `Y f 1 Larry Leeds , GrOWI.11 Management. DirecLor, recommended approval of this site p' an subject to administrative deternrrrrati-on of compliance with concurrency and density. A motion was made by commi.ssioner Bertino, seconded by Commissioner Cook to grant the site plan (SP-89-89) request k by VMS Dania Associates , Ltd . , for 49 apartment units located in the Watermark Development subject to administrative determi.natiori of compliance with concurrency and density. I The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook -yes ^tayor MCFlyea-yes Commissioner- Grace-yes 6. F,XPENDITURF REQUESTS 6. 1 City Manager Flat-ley explained the change order in the amount. of $2, 700. 69 for the installation of meter vault for Broward County Interconnect. r'epresent:s a mi_scalculaLion in footage for valves , piping, offsets and labor to complete the interconnect facility in front of. the Milton Hotel . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the Change Order in the amount of $2, 700 . 69 for the installation of meter vault. for Broward County Interconnect . i The motion passed on the following roll. call vote: Commissioner Bertino-_vex Vice-Mayor Mikes-yes Commissioner Cook-yes; Mayor McElyea-no i Commissioner Grace -yes i 7 . SPECIAL REQUESTS - NONE i 8 APPOINTMFNTS - NONE I 9 . DISCUSSION 9 . 1 A .J. Ryan was prer,ent to request, continuance of of variance request on parking regarding warehouses in relationship to the Hdwthorne Tract (VA-65-89) as there is no final resolution to the trafficways plan and its impact on the liawthorne Tract. . , City Manager Flatlet' explain nl that Ile will be meeting with the County on Wednesday to discuss the traffic and concurrent y problem ill Dania regarding traffic moving south from the airport . Mr . Flat-ley expressed his concern that a decision must be mdde regar'dinq whether to widen U. S . 1 or to use the Dixie corridor as do alternate as no one want:; to go east of U. S . 1 into the re:;idential areas . Mr. Flatlet' suggested having a workshop Meeting un December 20th to i discuss this; i&;Sne. i , A motion was made by Vi , e -" layot .likes ;eConded by I Colnmisbloner Grace to cool owe thiS v1171ance request. on parking regarding warehou e. , iu lelationship t_c, the Hawthorne Tract (VA-65- 89) until th" next. regular meeting of January 9th and that the proper sign h,r p,lr;l_cd notifying all property owners effected I,y t-his item. The motion passed un th,� ff, llowinl7 roll ,:dll vote : Commissioner Bfq Lino-Yes lire—Mayor Mikes yes Commissioner Cook2c- ; Mayr:rn M� F_ly,�a yes Commissioner Gra, t -yes ;;mot it R k REGULAR COAIMIS:;ION MFETING 10 DECEMBER 12, 1989C, 4 r 4 x � 1 , � ' z J' I 9 .2 CUlnirrlbSiOrier Grace questioned whether the appoint-meriLs made by the Mayor, to the Dania Housing Authority were conducted properly and whether Lhe Commission has a right to vote for or. against those appointments . i t City Attorney Adler informed Commissioner Grace that the ' state staLULe states Lhat Lhe appointments are made by the Mayor with the approval of the governing body. The appointments were made at a regular commission meeting of j the City Commission without. objection from any member of the ! Commission and he fell that- the appointments were valid. CiLy Attorney Adler informed Commissioner Grace that the i i only other way to determine if these appointments were valid would be to pursue a de.�laratory suit, in the courts and he didn ' t feel this to be necessary . i Commissioner Grace questioned in the event: these appointments were conducted in error I this could hold up any grant. programs for the Housing AriChority. City Attorney Adler informed Commissioner Grace that tie felt the appoi.nt.ments would have nothing Lo do w [ L1r the programs for the Dania Housing Authority. Mayor McElyea slated that his appoi.nLnienLs were very good appointments as these individuals were very qualified and have served on several boards for Dania in Lhe past . City Attorney Adler confirmed that the term for Gloria Daly should have only been for- three years becatise Robert Donl.y replaced Skeet Jernigan who was on the board one year too long. Therefore , Robert Donly ' s appointment should have expired one year ago. w- After further discussion, the appointments remained as they were. 10. CITIZENS ' COMMENTS 10 . 1 Gerry Viola , on behalf of Lorraine Viola, stepped forward to address Lhe Commission decision regarding Lire Glen-Lauren Plat . Mr . Viola explained Lhat he has researched the approvals of this plat and that there seems Lo be some inconsistencies . Mr. Viola presented a memorandum dated August 30 , 1989 from Brian Hack, Development Review I°or the Traffic Engineering Division of Broward County to Elliot Auerhahrr, Development Management Director, Office of Planning for Broward County. This memo stated that the design as submitted for the location of S . E. 9th Court. violated the minimum spacing requirement of the land development. code Sec. 5-192 (b) (2) Table IT and will create a hazardous condition for the intersections of SE 7Lh Street and SE 5th Street, with SE 5th Avenue. I Mr. Viola stated that he understood the Dania City 1 Commission was noL aware of this recommendation at the time they approved the Glen-Lauren Plat. but. requested they j reconsider further review of this plat with the petitioner to ensure all roquirc-'nienLs are met in relationship Lo S . E. 4th Court . I Commissioner Berlin() regneslod review of I.he G1cu Lai.rren Plat he Plarc"l on the next regular commission meeting of January 9, 1990 and that all back up material be available along with Lheindividuals from Lhe Counts- who were involved I with writing I d .he memorandum If�yrdincJ i01 ,11 ion of tha rni.nimumi spacing requirement. . I REGULAR COMh1ISSION MEETING 11 DECEMRER ] ?., 1989 3 i , 10 . 2 Anthony Mustacchi.o of 41.3 SE 5 Street addressed the 1 j Con111ti55i011 regarding the alley lying west or the Glen-Lauren Plat . Mr . MusLacchio placed an objection to delay the approval of the Glen-Lauren Plat with the BrOWard County Planning Board on December 70L. He .sated I:hat he was not f aware that he has no legal recourse. i Vice-Mayor Mikes questioned City ALtoruey Adler oil whether f the park reconsideration brought up at the last meeting was the only issue that could have been addressed in accordance j with Robert ' s Rules of Order. Vice-Mayor Mikes felt that :iL appears the entire vole on the plat could have been ' reconsidered. City Attorney Adler. confirmed that the request for reconsiderations of the Glen-Lauren Plat was limited to the park condition only not. the entire plat, approval . 11 . ADMI_NISTRATIVE REPORTS f 11 . 1 City Manager Flatley reminded the Commission that there will be a Special Meeting December 20 at 7 :00 p.m. to consider the approval of the revised site plan for Mr . Downs and that he would also like to schedule a Workshop the same day to discuss the Seafai.r Hotel study that_ was requested along with review of the Dixie corridor waiver. 11. 2 City Attorney Adler- informed the Commission that he has prepared an amendment to the Charter f.cr the granting of long term fr.ancluse for the collection and disposal of garbage and was Le . City Attorney Adler has requested this item be placed on a workshop agenda clue to the connection with the Rueter Contract. . w-. 12. COMMISSION COMMENTS i i L2 . 1 Commissioner Berti.no ccnnmended Larry Leeds for his � research on the variances that have. terns, limits in order to review to ensure the pet. i.Lioner has met all conditions and if conditions have not been met to revoke the variance . i 12. 2 Commissioner Cook requested that a workshop meeting be scheduled to review the advertisement procedure used in plat approvals t:o ensure that all individuals effected be properly notified . 3 12 . 3 Commissioner Grace informed Lhe audience that the Urban League will be having something for the. senior citizens at the I .T. Parker Center oil December 21 around 6 : 30 p.m. i 12. 4 Vice Mayor Mikes commented on the advertisement procedure and reminded Lhe audience that in ordinance was I just passed requiring more public; notice before the Planning & Zoning Board . I Vice Mayor Mikes reported that. runway 1331 will be under ] repair next week for a sink hole . Vice Mayor Mikes requested CiLy At Adler to look into the condemnation of Lhe parcel of property north of loth Street to ensure that- the Aviation Depart.menL is doing all that they can to progress with the Greenball. Project . i 12 .5 Mayor MCBlyea requested Cil.y Attorney Adler to look into the dumpsLer problem it the MEBA Corp. near Cleo Philips ' ,in(] James Adams ' re:• i(louces . Commi. sioner Cook requested City Manager Flatley to look into the site plan approval for Lhe Boeman Group for 1-he Publix shopping center to ensure they complete the construction of the fence required for those townhouse L residents in the area prior to construction starting. I REGULAR COMMISSION MEETING 12 DECEMBER 12 , 1989 A r l i _ 5 This regular commission meeting was then adjourned . MAYOR-COMMISSIONED i CITY CLER '-AUDITOR {f II I I I I a I I 1 1 I I fI S yz� 11 I ' 4t �f I REGULAR COMMISSION MEETING 13 DECB"IE3ER 12„ 1989 y� wqg WAS \ t f i x�55yy Mx 14 t r. j :i YI i AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 12, 1989 8:00 P.M. INVOCATION I PLEDGE OF ALLEGIANCE ROLL CALL I PRESENTATIONS i 1 . CONSENT AGENDA Minutes 1 . 1 Workshop meeting of November 14 , 1989 1 . 2 Regular meeting of November 14, 1989 1 . 3 Workshop meeting of November 20, 1989 1 .4 Workshop meeting of November 21 , 1989 1 . 5 Special meeting of November 21 , 1989 Ordinances 1 . 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTION (c) OF SECTION 6. 21 , CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA TO PROVIDE OFF-STREET PARKING REQUIREMENTS FOR MULTI-OPERATOR RETAIL FACILITY OR A MULTI-OPERATOR RETAIL MALL; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 7 "AN ,RDINANCE OF THE CITY OF DANIA, FLORIDA ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE NORTH 70 FEET OF THE SOUTH 210 FEET OF TRACT 16 OF SEABOARD FARMS , ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18 , PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND • �� BEING IN BROWARD COUNTY, FLORIDA, 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 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS THE EAST 158 FEET OF THE SOUTH 140 FEET OF TRACT 16, SEABOARD FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, 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 I � I CONSENT AGENDA (continued) 1 . 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4 . 20, OF ARTICLE 4, OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR PASSENGER TRANS- PORTATION BUS SERVICE FACILITIES AS A SPECIAL EXCEPTION USE IN IR ZONING CLASSIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDIANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND I PROVIDING FOR AN EFFECTIVE DATE . " i 1 . 14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF DANIA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING THAT ALL ORDINANCES AND 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 . 15 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1989-90 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF _.4 RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1 . 16 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO NE 7TH AVENUE SPECIAL ASSESSMENT DISTRICT IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES , ADOPTING THE SPECIAL ASSESSMENT FOR THE STREET IMPROVEMENTS AS PREPARED BY THE CITY CLERK; CONFIRMING SUCH ASSESSMENTS ; PROVIDING THAT SAID ASSESSMENTS SHALL BE A FIRST LIEN AGAINST THE PROPERTY; PROVIDING THAT AN ADMINISTRA- TIVE CHARGE BE PAID IF THE PROPERTY IS SOLD, CONVEYED OR TRANS- FERRED IN ANY FASHION; DIRECTING THE CITY CLERK TO PREPARE THE IMPROVEMENT LIEN BOOK; PROVIDING FOR A PENALTY OF ONE PERCENT °F ( 1%) PER MOTNH FOR ASSESSMENTS THAT ARE NOT PAID WHEN DUE; PROVIDING FOR A WAIVER OF INTEREST PAYMENT ON THE ASSESSMENT IF PAID WITHIN THIRTY (30 ) DAYS OF THE COMPLETION OF THE IMPROVE- MENTS; PROVIDING FOR SEVERABILITY; PROVIDING THAT 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 11/21/89) 1 . 17 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF ROADWAY, DRAINAGE AND INTER- SECTION IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF $525 ,000 SPECIAL ASSESSMENT IMPROVEMENT BONDS , SERIES 1989 (NE 7TH AVENUE PROJECT) OF THE CITY TO FINANCE THE COST THEREOF; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS ; PROVIDING AN EFFECTIVE DATE. " (continued from 11/21/89) I 1 3 1� CONSENT AGENDA (continued) 1 .9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 10 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO REQUIRE A FOUR-FIFTHS VOTE OF THE CITY COMMISSION FOR THE APPROVAL OF CERTAIN VARIANCES; PROVIDING FOR SEPARABILITY; 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 . " (Vice-Mayor Mikes) 1 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 8 AND 9, BLOCK 1 OF "COLLEGE TRACT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, 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. " (RZ-85-89 - Petitioner/Owner - Herbert Penn, Jr. ; property located at 1000 Phippen Road) 1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE !, FOLLOWING DESCRIBED LANDS , TO-WIT: PARCEL A: THE EAST 683. 19 FEET OF TRACT 'A' , LESS THE SOUTH 295 FEET THEREOF , "RE-AMENDED � PLAT OF HOLLYWOOD PALMS" , AS RECORDED IN PLAT BOOK 36, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND CONTAINING ` 13.000 ACRES, MORE OR LESS ; AND PARCEL B: THE WEST 640.86 FEET OF TRACT 'A' , LESS THE SOUTH 295 FEET THEREOF, "RE-AMENDED PLAT OF HOLLYWOOD PALMS" , AS RECORDED IN PLAT BOOK 36, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND CONTAINING 12.000 ACRES, MORE OR LESS; 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 N0. 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 . " (RZ-87-89 - Petitioner - Ross Beckerman; Owner - Anara Investments, Inc. ; property located at 280 Bryan Road) 1 . 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4 . 20, OF ARTICLE 4 , OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR OPEN AIR HAND WASHING AND WAXING OF AUTOMOBILES , VANS AND CERTAIN TRUCKS AS A SPECIAL EXCEPTION USE IN C-3 ZONING CLASSIFICATION; 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 /1 CONSENT AGENDA (continued) 1 . 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4.20, OF ARTICLE 4, OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR PASSENGER TRANS- PORTATION BUS SERVICE FACILITIES AS A SPECIAL EXCEPTION USE IN IR i ZONING CLASSIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS i OF ORDIANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " f 1 . 14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE kE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC i STREETS OF THE CITY OF DANIA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING THAT ALL ORDINANCES AND 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 . 15 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1989-90 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; 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. " 1 . 16 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO NE 7TH AVENUE SPECIAL ASSESSMENT DISTRICT IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES, ADOPTING THE SPECIAL ASSESSMENT FOR THE STREET IMPROVEMENTS AS PREPARED BY THE CITY CLERK; CONFIRMING SUCH ASSESSMENTS; PROVIDING THAT SAID ASSESSMENTS SHALL BE A FIRST LIEN AGAINST THE PROPERTY; PROVIDING THAT AN ADMINISTRA- TIVE CHARGE BE PAID IF THE PROPERTY IS SOLD, CONVEYED OR TRANS- FERRED IN ANY FASHION; DIRECTING THE CITY CLERK TO PREPARE THE IMPROVEMENT LIEN BOOK; PROVIDING FOR A PENALTY OF ONE PERCENT " ( 18) PER MOTNH FOR ASSESSMENTS THAT ARE NOT PAID WHEN DUE; PROVIDING FOR A WAIVER OF INTEREST PAYMENT ON THE ASSESSMENT IF PAID WITHIN THIRTY ( 30 ) DAYS OF THE COMPLETION OF THE IMPROVE- MENTS; PROVIDING FOR SEVERABILITY; PROVIDING THAT 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 11/21/89) 1 . 17 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF ROADWAY, DRAINAGE AND INTER- SECTION IMPROVEMENTS ; PROVIDING FOR THE ISSUANCE OF $525,000 SPECIAL ASSESSMENT IMPROVEMENT BONDS, SERIES 1989 (NE 7TH AVENUE PROJECT) OF THE CITY TO FINANCE THE COST THEREOF ; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING AN EFFECTIVE DATE. " (continued from 11/21/89) j 3 J1 7n , 5) CONSENT AGENDA (continued) 1 . 18 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY REGARDING A GRANT { FROM PUBLIC SERVICES DEPARTMENT OF BROWARD COUNTY RELATING TO 5 AFTERSCHOOL PROGRAM AT COLLINS PARK ELEMENTARY SCHOOL; AND PROVIDING FOR AN EFFECTIVE DATE. " i CONSENT AGENDA (continued) 1 . 19 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE CITY OF DANIA AND STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ; AND PROVIDING FOR AN EFFECTIVE DATE. " 2. PROCLAMATIONS - none 3 . BIDS - none I 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS I Building & Zoning 4. 1 Petitioner - Attorney A.J. Ryan , Jr. ; Owner - J.P. Downs; property located at 800 Old Griffin Road . A) Public Hearing - VA-77-89 - A vaciahce is requested to allow the j construction of a marine service facility with 79 parking spaces (93 required) . B) Public Hearing - SE-78-89 - A special exception is requested to allow supplemental parking for a marine service facility. 1W_ C) SP-79-89 - A revised site plan approval is requested for a marine service facility. 4 . 2 Petitioner/owner - Marc Sessa; property located between SE 6th and I 7th Streets and between SE 3rd and 4th Avenues . Public Hearing - vC-81-89 - A vacation of an alley is requested . Administrative Ordinances (second & final reading) 4. 3 "AN ORDINANCE OF THE CITY OF DANIA AMENDING ORDINANCE NO. 25, AS "..y AMENDED FROM TIME TO TIME, PROVIDING FOR THE INCREASE OF FRANCHISE FEES; PROVIDING FOR ENLARGEMENT OF THE FRANCHISE PERIOD; PROVIDING FOR REPEAL OF RATE REGULATION; PROVIDING FOR DEFINITION OF SUB- SCRIBER GROSS RECEIPTS; PROVIDING FOR RENEWAL OF FRANCHISE; PRO- VIDING FOR REPEAL OF CONFLICTING ORDINANCES OR RESOLUTIONS ; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1 , 1990. " 4 . 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA TO INCLUDE RESIDENTS WHO ARE PARTIES TO A MOTOR VEHICLE LEASE/PURCHASE AGREEMENT; 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 1 PUBLIC HEARINGS (continued) 4.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING TO PEOPLES GAS SYSTEM, INC. , A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR A PERIOD OF THIRTY ( 30 ) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY j OF DANIA, FLORIDA; AND PRESCRIBING THE TERMS AND CONDITIONS OF 4 SUCH FRANCHISE AND FOR REVOCATION THEREOF; 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 4.6 "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 j BOOK 23 , PAGE 49, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL, LESS THE S 30. 75 ' THEREOF, TOGETHER WITH LOT 12, BLK 1 , LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE ! 1/4 OF SECTION 29; THENCE SOUTH 880 25 ' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29 , A DISTANCE OF 408 .751 ; THENCE NORTH 010 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 870 02 ' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337 .831 , A CENTRAL ANGLE OF 010 22 ' 10" , FOR AN ARC DISTANCE OF 55.88 ' TO THE END OF SAID CURVE; THENCE NORTH 88' 25 ' 04" EAST, ..4 ALONG A LINE 65.75' NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29 , A DISTANCE OF 19. 13 ' ; THENCE SOUTH 010 30 ' 47" EAST, A DISTANCE OF 30 .75 ' ; THENCE SOUTH 88° 25 ' 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 751 ; THENCE NORTH 01° 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 . " (continued from 11/14/89 ) 4 .7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOTS 7 AND 8, BLOCK 2 , WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 49, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, 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 . " 4.8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT 3, "PALMEADOR HALF ACRES NO. 2" , AS RECORDED IN PLAT BOOK 23 , PAGE 37 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, 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. " I 5 71 , r"}i'�2jk ran rY .., ..._ ., . . ,d ..,..••.._.. _ _ .. 5. SITE PLAN REQUESTS 5. 1 Petitioner/Owner - VMS Dania Associates, Ltd; property located North of Sheridan Street and East of SE 5 Avenue SP-84-89 - A revised site plan approval is requested for 49 apartment units located in the Watermark Development . (continued from 11/14/89) j 6. EXPENDITURE REQUESTS 6. 1 Approval of Change Order in the amount of $2, 700. 69 for the installation of meter vault for Broward County Interconnect . 7 . SPECIAL REQUESTS - none 8 . APPOINTMENTS - none 9 . DISCUSSION 9 . 1 Reconsideration of variance request on parking regarding warehouses in relationship to the Hawthorne tract . (VA-65-89 - Petitioner - A.J. Ryan) (Commissioner Grace ) 9 . 2 Review of appointments by the Mayor to the Dania Housing Authority . (Commissioner Grace) 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 I4 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 r 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 HE BASED. ( 6 I t� I e , t��r dYy Yk� r��yna sPs t t, r 'Flo q, t CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING DECEMBER 12, 1989 j 13:00 P.M. 1 . Request by Lorraine Viola of 415 Commission regardingSE 5 'Street to address the I the Glen-Lauren Plat . 2. Request by Anthony Mustacchio of 413 SE 5 Street to address the Commission regarding the alley lying west of the Glen-Lauren Plat. ; i i i 1 i i I - � i i I 's 1 � 4 uiy v t e T S lL nlry Y l l T<e4 S l I I CITIZENS ' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING DECEMBER 12, 1989 j 8:00 P.M. 1 . Request by Lorraine Viola of 415 SE 5 Street to address the j Commission regarding the Glen-Lauren Plat . 2. Request by Anthony Mustacchio of 413 SE 5 Street to address the Commission regarding the alley lying west of iGlen-Lauren Plat . the i i i I I I I I I I I i I I 1 I II i. } {L �YEAWsY 4 � M A i December 2, 1989 f i To: Dania City Commission J 100 West Dania Beach Boulevard II Dania, Florida 33004 From: The Interested Citizens of Dania Represented by: Lorraine A. Viola 415 South East 5th Street Dania, Florida 33004 i We, The Interested Citizens of Dania, request placement on the December 12, 1989 City Commission meeting agenda in regard to the Glen-Lauren Homes plat. We find that the plat is disliked by many for various reasons, and, more importantly, violates the minimun spacing requirements of the Land Development Code. E i f! k Sincerely, ° The Interested Citizens of Dania n Lorraine A. Viola i i I { i I I I I i I t r S �I 1 Mi vx: x Ors . � v � x ,� � Y: , VZN C� l lYS1Yt y � I !. A ......_._�., ru..._..._ ...'�5.yru2 : -n'= e_ ...: .: ♦ ..n,..n.^s u. mn.......�.nwaNW+ 1 7 I f 1 II i u p-, C 6 av 7 t m V)-iv c o k* �� 3�� wprtu6 Gu • a� � . Rl � � �iw `� ' �^ � � T i N�47i2L) VlfL t� �= siaiQ r✓ Ani i j a yvy �i6 n x {`l u 6 114 (,'1' 0 i 1 ' i 1 i i i I X ltl .I.Wle, 1atKN t I S5 1 .q •+ _ _ � )] .ter Y 4 t,'