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HomeMy WebLinkAbout1985-08-27 Regular City Commission Meeting Minutes and Agenda { MINUTES DANIA CITY COMMISSION REGULAR MEETING AUGUST 27 , 1985 INVOCATION - Pastor Eldredge Jarman, First Baptist Church of Dania PLEDGE OF ALLEGIANCE { ROLL CALL: 4 Present - Mayor: Jean Cook Vice Mayor: Chester A. Byrd Commissioners: James Adams Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell Deputy City Clerk : Marie Jabalee Building Official : Paul Maxwell i 1 . CONSENT AGENDA Minutes i 1 . 1 Workshop Meeting , August 7 , 1985 1 .2 Regular Meeting , August 13 , 1985 Ordinances 1 .3 ( LU-43-85 ) - A Land Use Plan Amendment to amend the Dania Land Use Plan from Commercial to Irregular Residential (49 dwelling units per acre) ; Petitioner/Owner - Wilson C. Atkinson, III , Trustee. Property located at approximately 351 Sheridan St. between SE 2nd Ave. and SF. 5th Ave. An ordinance amending the City' s Certified Land Use Plan Map from Commercial to Irregular (49 ) Residential , on a parcel of land containing 4 .9507 acres+, legally described as the E 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 3 , Township 51 South, Range 42 East , less the South 50 feet thereof , was read for first reading by City Attorney Adler. j i A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to approve the consent agenda. The motion passed on the following roll call vote: I Commissioner Adams-yes Vice Mayor Byrd-yes E Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 2 . PRESENTATION - none 3 . BIDS } 3. 1 Request to bid on Waterline Installation work regarding Eller j Drive to new location of Ft. Lauderdale Interconnect. I � Don Windham, of Berry & Calvin, City Engineers, stepped forward to explain the request to advertise for bids for waterline installation work to be done on Project #83-113 , Phase II , ` i providing a new water interconnect with the City of Ft . I Lauderdale at Eller Drive. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to authorize the advertisement for bids. The motion ; passed on the following roll call vote: I Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i ' Regular Commission Meeting 1 August 27 , 1985 i y. J i (At this time agenda item 4 . 16 was addressed. ) 4 . PUBLIC HEARINGS Ordinances (Second and Final Reading) 4 .1 (PL-40-85) - A plat approval request for "Governor Dan' s Plat Number 1 " (0 .88 acres+) , Petitioner: Charles S . Dale, Jr. , Owner: First American Service Corp. ; located SE corner of 4 intersection of U.S .1 & SE 7th St. , 701 S . Fed. Hwy. i (Continued from August 13 , 1985) ' t An ordinance approving the Plat of "Governor Dan' s Plat Number 1" was read for second and final reading by City Attorney Adler. Charles Dale , Attorney representing First American Service Corp. , stepped forward to explain that in response to the Commission' s request, a contract is being readied for signature providing for the demolition of the two old buildings currently on the site. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the ordinance approving the plat of "Governor j Dan' s Plat Number 1" on second and final reading, subject to receipt of a letter confirming demolition of the buildings, and providing that the plat not be signed until completion of demolition. The motion passed on the following roll call vote: .r Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .2 An ordinance adopting the annual Sewer Fund Budget for the i 1985-86 fiscal year was read for second and final reading by Mayor Cook. t t Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch , seconded by Commissioner Adams to adopt the ordinance on second and final 1 reading. The motion passed on the following roll call vote: I Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-;yes Mayor Cook-yes i Commissioner McElyea-yes i 4 . 3 An ordinance adopting the annual Water Fund Budget for the 1985-86 fiscal year was read for second and final reading by Mayor Cook. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition , the Mayor closed the public hearing. Vice Mayor Byrd called attention to the increase in the Water Fund Budget and the decrease in the Sewer Fund Budget. Commissioner Hirsch commented on the Sewer Fund Budget regarding the large fee increases for excess wastewater gallonage to the Hollywood plant, and expressed his opinion that the Federally operated plant should be operated on a cost plus basis. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: L Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes Regular Commission Meeting 2 August 27, 1985 4 .4 An ordinance adopting the annual Fishing Pier Budget for the 1985-86 fiscal year was read for second and final reading by Mayor Cook. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i The Commissioners discussed the idea of leasing out the pier and/or restaurant. City Manager Jewell agreed to further investigate the leasing possibilities and bring complete data t } and recommendation to the Commission. P A motion was made by Vice Mayor Byrd , seconded by Commissioner j Adams to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes i Commissioner McElyea-no 4 .5 (TC-02-85A) - Amendment to Dania Zoning Code to provide for Industrial-Research-Office Zoning District ( IRO) . An ordinance amending Chapter 28 of the City Code of Ordinances entitled "Zoning" by adding a new zoning classification to be known as "Industr. ial-Research-Office (IRO) District" was read for second and final reading by Mayor Cook. i Mayor Cook opened the public hearing. City Planner Larry Leeds responded to a question raised by Mike Cavelli regarding the two acre minimum lot size requirement . Hearing Mike Cavelli comment in opposition to the exclusion of "fast food restaurants" in the special exception uses, the Mayor closed j the public hearing. f A motion was made by Vice Mayor Byrd, seconded by Commissioner j McElyea to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes " Commissioner McElyea-yes f 4.6 (TC-02-85B) - Amendment to Dania Zoning Code to provide for Industrial-Research-Office Zoning District ( IRO) sign regulations. �. An ordinance amending Art. II of Chap. 3 of the City Code of Ordinances entitled "Signs" by adding a new Section 3-38 entitled "IRO District Sign Regulations" was read for second and final reading by Mayor Cook . s Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Adams, seconded by Vice Mayor Byrd to adopt the ordinance on second and final reading . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-yes 4 .7 (TC-02-85C) - Amendment to Dania Zoning Code to provide for amended City-wide parking regulations. An ordinance amending Art. 6.21 of Chap. 28 of the City Code of Ordinances by amending that portion of subparagraph (C) ( 1 ) entitled "Schedule of Off Street Parking Requirements City of } Dania, Florida" was read for second and final reading by Mayor Cook. Regular Commission Meeting 3 August 27 , 1985 I Mayor Cook opened the public hearing. Hearing p g ring City Planner Leeds respond to suggestions for amending the proposed ordinance regarding mixed use and special exception provisions presented by Joel Gustafson, Attorney, and hearing Bob Mikes speak in favor of the ordinance as is , the Mayor closed the public hearing. A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to adopt the ordinance, as written, on second and final reading . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 . 8 (TC-01-85 ) - A request to amend the Dania Zoning Code so as to permit Adult Congregate Living Facilities (ACLF) in RM-2 districts . Petitioner: Wilson C. Atkinson , III . An ordinance amending the special exception uses within the zoning classification RM-2 to add Adult Residential Care Facility; providing for definition of Adult Residential Care Facility; amending the schedule of use regulations to include Adult Residential Care Facility within RM-2 District; amending the schedule of lot , yard and bulk regulations, City of Dania , to include Adult Residential Care Facility within RM-2 District; and providing for parking requirements for Adult Residential Care Facility was read for second and final reading by City Attorney Adler. Wilson Atkinson stepped forward to explain that the ordinance to amend the zoning code text relating to special exception use permitting adult congregate living facilities in RM-2 districts in Dania is requested in conjunction with a rezoning request (C-2 to RM-2, agenda item 4 .9 ) and land use flex change (agenda item 4 .19 ) for property located on Sheridan Street between SE 2nd Avenue and SE 5th Avenue (approximately five acres) . Mr. Atkinson presented and described in detail the plans for the construction of a 250 residential unit adult congregate x a� living rental facility designed for the upper middle and high income range of people, average age of 80 , and ambulatory only. He pointed out that it is not to be a nursing home , and will contain a central dining area serving two meals a day, library reading room, arts & crafts and billiards rooms, social director' s room, doctor' s office , nurse' s office ( staffed) , tenants ' beauty and sundry shops , bath & sauna, outside pool & spa, administration offices and transportation/shuttle facilities. Mayor Cook opened the public hearing . Hearing Morris Schockett comment in favor, the Mayor closed the public hearing. The Planning & Zoning Board recommended approval of this request as a Special Exception use. Staff recommended the following language be added to Article 6 , Section 6 .20 , Schedule of Off Street Parking Requirements ( #15 ) : "Applicant shall provide additional parking spaces over and above the amount required by code should building usage create demand for additional parking . " Building Official Maxwell explained that the petitioner must again appear before the Planning and Zoning Board for the special exception use. In response to Commissioner Hirsch' s question about rental lease forms , Mr. Atkinson stated that the form of lease with financial requirements will be presented to ` the P&Z Board, the concept of which can be made part of the special exception request. A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to adopt the ordinance amending the RM-2 special exception uses on second and final reading. The motion passed on the following roll call vote: Regular Commission Meeting 4 August 27 , 1985 I , Commissioner Adams- Yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .9 (RZ-44-85 ) - A rezoning request from C-2 Commercial to RM-2 Multi-family, Petitioner/Owner: Wilson C. Atkinson , III , Trustee. Property located at approximately 351 Sheridan St . between SE 2nd Ave. and SE 5th Ave. i An ordinance rezoning the E 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 3, Township 51 South, Range 42 East less E the S 50 ' thereof for road right-of-way, containing 4 .9507 acres+ (215 ,651 sq. Et. ) from C-2 to RM-2 zoning classification was read for second and final reading by Mayor Cook. Mr. Atkinson requested that approval of this ordinance be subject to approval of the accompanying land use change (agenda item 4 .19 ) . He exp lained the rezoning and land use change request necessitated by the fact that the County' s ordinance addressing A.C.L. F. in a commercial area is not completed yet. Mr. Atkinson stated that the City of Dania is in receipt of a binding letter agreement which provides that at such time as the County puts its ordinance into being, steps will be taken to return the land use to commercial. Mayor Cook opened the public hearing. Hearing Vincent Carroll comment in favor of the project but in opposition to "spot" zoning, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to adopt the rezoning ordinance on second and final reading, subject to approval of the land use flex change request (agenda item 4 .19 ) . The motion passed on the ,. following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes 1 Commissioner McElyea-yes ** (At this time agenda item 4 .19 was addressed. ) 4 . 10 (PL-53-85 ) - A plat approval request for "Christy' s Addition" Plat (containing 0 .1769 acres_) , Petitioner/Owner: Jack E Christy; 7 NW 3rd Ave. , located W/s of NW 3rd Ave. between Dania Beach Blvd. & NW 1st St. An ordinance approving the plat of "Christy' s Addition" was read for second and final reading by City Attorney Adler. Jack Christy stepped forward to explain the plat approval request. The Planning and Zoning Board recommended approval. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the Y public hearing. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to adopt the ordinance approving the plat of "Christy' s Addition" on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes I i *** (At this time agenda item 4 .12 was addressed.) Special Exceptions 4 . 11 (5E-50-85) - A Special Exception request to remodel and add to an existing dwelling to utilize the dwelling as a Church (Duplex Zoning) , Petitioner/Owner: Donill R. Harden. Located L at 147 and 149 NW 14th Ave. , at NW 14th Ave. the SW corner of NW 2nd St. and Regular Commission Meeting 5 August 27 , 1985 I Pastor Harden stepped forward to explain the special exception request for the purpose of utilizing an existing dwelling as a Church. The Planning and Zoning Board recommended approval . Mayor Cook opened the public hearing. The Mayor heard one citizen and saw four citizens stand in favor. Many citizens commented in opposition, based mostly on inadequate parking facilities, and expressed a preference for a residence there instead of another Church. The Mayor then closed the public hearing. I 3 A motion was made by Commissioner McElyea, seconded by f Commissioner Hirsch to deny the special exception request 5E-50-85 . The motion to deny passed on the following roll call vote: I Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes Variance Requests *** 4 .12 (VA-32-85 ) - A Variance Request to construct a building ( I/R Industrial Restricted Zoning) : (A) On a 7 ,703 sq. ft. lot (10 ,000 sq. ft. required ) . (B) On a 70 ft. wide lot (75 ft. required) . (C) With no setbacks provided in the rear or side yards (20 ft. required for both side and rear yds . ) ; Petitioner: Gustavo J. Carbonell ; Owner: Jack Christy; 7 NW 3rd Ave. , located on the W/s of NW 3rd Ave . between Dania Beach Blvd, and NW 1st St. Jack Christy explained that this variance request to construct a warehouse is submitted in conjunction with plat approval agenda item 4 . 10 . y.. Mayor Cook opened the public hearing. Hearing no one speak in j favor or opposition, the Mayor closed the public hearing . The Planning & Zoning Board recommended approval contingent upon setbacks for Fire Department access as indicated on plan (7 .5 foot side yard setbacks, 5 foot rear yard setback) . d L A motion was made by Vice Mayor Byrd, seconded by Commissioner Yw 1J Adams to grant the variance request VA-32-85 and to tie the variance to the plan as submitted. The motion passed on the following roll call vote: !f Commissioner Adams-yes Vice Mayor Byrd-yes d Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i 4 .13 (VA-45-85 ) - A Variance Request to construct a 100 sq. ft . i off-site pole sign ( 50 sq. ft. on-site sign allowed) on a parcel which currently contains one existing pole sign; Petitioner: Marine Conversions, Inc. ; Owner: George Filipi; located at 167 N. Fed. Hwy. on the SE corner of Fed . Hwy. and NW 2nd St. A representative of Marine Conversions , Inc. stepped forward to request a variance to allow a 100 sq. ft. off-site pole sign, and explained that the purpose is to try to accommodate some of the businesses moving into the project rather than have those businesses clutter the area with individual signs. The Planning and Zoning Board recommended denial of the 100 sq. ft . sign. Mayor Cook opened the public hearing . Hearing Gloria Daly, Audrey Cassese , Vincent Carroll and Bernie Fee speak in opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Vice d o d h variance re -45-85 . The motion Mayor Byrd t deny the quest VA to deny passed on the following roll call vote: Regular Commission Meeting 5 August 27 , 19 85 ! 9 9 dddj i F7 Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 . 14 (VA-46-85 ) - A Variance Request in a RD 6000 Duplex district to construct a 6 ' wooden fence (4 ' fence allowed) in front and street side setback area; Petitioner/Owner: Clifford Iacino; located at 830 NW 13th Ave. The petitioner/owner was not in attendance. Building Official Maxwell stated that public hearing notifications were duly sent and that the Planning and Zoning Board recommended denial . Mayor Cook opened the public hearing . Hearing Bob Mikes comment that no sign was posted on the property and suggest that notices be sent out before the Planning & Zoning Board meetings as well as before the Commission meetings , the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to continue variance request VA-46-85 until the next regular Commission meeting of September 10 , 1985 . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes - 4 .15 (VA-48-85) - A Variance Request to construct a trailer (approx. 121x521 ) at the SW corner of 775 Taylor Lane ( Industrial General Zoning) to manufacture marine canvas for boats; Petitioner: Dart Canvas; Owner: Derecktor Gunnel , Inc. ; located at 775 Taylor Lane. H . Wesley Johnson , Attorney for the petitioner, stepped forward to explain the variance request to relocate a 12 ' x 52 ' modular unit to the SW corner of the property for workroom use for sewing canvas by the petitioner, the sole owner of a marine support business. The Planning and Zoning Board recommended approval for one year with petitioner returning to the Board for further approval . i Mayor Cook opened the public hearing. Hearing Kurt Ely comment j in favor, and the petitioner assure Angela Benante that no loudspeakers will be used and that it will not be visible from the residential side of the canal , the Mayor closed the public hearing . A motion was made by Vice Mayor Byrd , seconded by Commissioner Hirsch to grant variance request VA-48-85 to Dart Canvas for one year. The motion passed on the follcwing roll call vote : Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes * (Addressed before agenda item 4 .1 ) i 4 . 16 (VA-49-85 ) - A Variance Request to construct a 57 sq. ft . pole sign (50 sq. ft. allowed ) ; Petitioner/Owner: Transflorida Bank; located at 499 Sheridan St . , on the NW corner of Sheridan i St. and SE 5th Ave . 1 Ms . Polly Wilkie, representing Transflorida Bank, stepped I forward to explain the variance request to allow construction I of a 57 sq. ft. marbled, computerized message sign. The fir . Planning and Zoning Board recommended approval. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i i I Regular Commission Meeting 7 August 27 , 1985 i _ I i I � A motion was made by Commissioner Adams , seconded by Vice Mayor Byrd to grant the variance request VA-49-85 to Transflorida Bank. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-yes 4 .17 (VA-52-85 ) - A Variance Request to add a third dwelling unit (maximum 1 dwelling unit permitted by zoning code) to an existing two family dwelling unit in a RS 6000 single family zoning district; Petitioner/Owner: Jonathan L. Plummer; property located at 1411 NW loth St . 4 City Attorney Adler reported that the petitioner had been granted a variance some time ago to place a duplex on a single family lot , and explained that the current request to place a triplex there is legally improper. On City Attorney Adler' s j recommendation, the Planning and Zoning Board denied the request . City Attorney Adler also recommended that the petitioner's application fee be refunded. During discussion, Building Official Maxwell reported that the petitioner insisted on applying for the variance despite the building department' s advice that denial would be recommended. Mayor Cook opened the public hearing. Hearing Linda Smith and Bob Mikes comment in opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner Adams to deny variance request VA-52-85 . The motion to deny passed on the following roll call vote: 1r- Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .18 (VA-54-85) - A Variance Request to allow a 7 ' rear yard setback (15 ' required) to construct a pool screen enclosure in an RS 6000 district; Petitioner/Owner: Gilles Lehough; located at 415 f SE 4th Terrace. C.S . Ahalt, a neighbor representing the petitioner, stepped forward to explain the variance request for a screen enclosure allowing a 7 ' rear yard setback . Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Adams , seconded by Commissioner McElyea to grant variance request VA-54-85 to Gilles Lehough. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i ** Land Use (Addressed after agenda item 4 .9 ) j 4 . 19 ( LU-42-85 ) - A Land Use Change to assign a maximum of 250 residential flex units as permitted by the County Land Use Plan; Petitioner/Owner: Wilson C. Atkinson, III , Trustee. Property located at approximately 351 Sheridan St. between SE I� 2nd Ave. and SE 5th Ave. City Planner Larry Leeds explained the land use change proposal submitted in conjunction with agenda items 4 .8 and 4 .9. Mayor Cook opened the public hearing. Hearing no one speak in L' favor or opposition, the Mayor closed the public hearing. Regular Commission Meeting 8 August 27 , 1985 A motion was made by Vice Mayor Byrd , seconded by Commissioner Adams to approve the land use change (LU-42-85) . The motion passed on the following roll call vote: i Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i 5. OCCUPATIONAL LICENSE - none 1 6 . SITE PLANS - none i 7. PROPOSALS - none i 8 . APPROVALS 8 . 1 Commission approval regarding sketch of the graphics for two pole signs on the site of the Sheraton Hotel and the Design Center of the Americas . (Requested by Commission on 3/13/85 ) Dale Anderson, representive, stepped forward to explain that on March 13th, the Commission granted a variance to allow two pole signs at the site of the Sheraton Hotel with the provision that the actual graphics to be used on that sign be brought back before the Commission for approval . Mr. Anderson presented sketches of the sign naming the Sheraton Design Center Hotel and Office Plaza. Vice Mayor Byrd expressed regret that the word "Dania" is not on the sign. ° A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to approve the sign graphics. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 8 .2 Commission approval to start plans on sewer work N/o Dania Cut-Off Canal , E/o the Airport (U.S . 1 ) . i s , ., City Manager Jewell explained the request to proceed with the engineering work on plans in preparation of bid documents . A motion was made by Vice Mayor Byrd, seconded by Commissioner F Hirsch to authorize the City Engineer to proceed with bid documents on Project #84-068 . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 9 . APPOINTMENTS 9 .1 Commission appointment of a civilian member to the General Employees Pension Board. (Continued from August 13, 1985) Mayor Cook called for recommendations from the Commissioners . Commissioner Adams recommended Tim McCloud; Vice Mayor Byrd recommended Richard Eglinas , a former member of the Board; Commissioner McElyea recommended Bill Winkelholtz . During discussion , Vice Mayor Byrd said that he had not contacted Mr. Eglinas about this particular appointment, but felt certain I that he would serve . 1 A motion was made by Commissioner Adams to appoint Tim McCloud to the General Employees Pension Board. The motion died for lack of a second. j A motion was made by Vice Mayor Byrd, seconded by Commissioner fi McElyea to appoint Richard Eglinas to the General Employees Pension Board. The motion passed on the following roll call vote: Regular Commission Meeting 9 August 27 , 1985 I ., Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 9 .2 Appointment of Voting Delegate for the Florida League of Cities 59th Annual Convention, held at the Diplomat Hotel October 10-12 , 1985. f A motion was made by Commissioner Adams , seconded by Commissioner Hirsch to continue this item until the next regular Commission meeting of September 10 , 1985 . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes t Commissioner McElyea-yes *** (At this time, agenda item 10 .3 was addressed. ) 10. DISCUSSION 10 .1 (REVISED AGENDA) Action concerning resignation of Police Chief Rudolf P. Rigo. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to accept with regrets the resignation of Police Chief Rudolf P. Rigo. The motion passed on the following roll call vote : i Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes **** (At this time , agenda item 10 .4 was addressed . ) 10 .2 Recommendation from City Attorney and possible Commission action regarding petition submitted by Petition Committee in reference to An initiative Ordinance of the City of Dania, Florida amending Section 5.22 of Article 5, of Chapter 28 of the Code of Ordinances of the City of Dania, Florida. City Attorney Adler described his memorandum of legal opinion ; submitted to the Commission , stating that per his literal translation of the City Charter, the initiative petition does j not meet the requirements of the Charter ( incomplete and/or missing dates, no precinct numbers , no proper affidavits attached) and recommended that it be rejected . City Attorney Adler reported that the initiative petition was signed by more than 10% of the Ci.ty' s registered voters, certified by the Supervisor of Elections, and that the Charter authorizes him to approve the requested ordinance as to form only. He stated that only the Commission can approve or disapprove the requested ordinance , and that if the Commission chooses to reject the initiative petition, per the Charter, the petition committee then must go back and get 58 additional signatures (over and above the original signatures) and a referendum election must be held. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant the petitioners' request . { During discussion of the motion, Vice Mayor Byrd commented in opposition to granting the petitioners' request due to the fact { that they did not adhere to the parameters of the Charter. City Attorney Adler further explained that the proposed ordinance would add a paragraph to the present ordinance stating that the permitted height shall not exceed 5 stories or 621 , whichever of the two shall be the least, and would provide that if the height limitation is to be exceeded , a variance must be requested, and would also provide that permitted exceptions or variances as to height must be approved by a 4/5 vote of the City Commission. i 5 Regular Commission Meeting 10 August 27 , 198 F7 i ***** Before voting on the motion, Mayor Cook allowed citizens to comment per agenda item 13 .1 . Bob Mikes stepped forward to speak in favor of the initiative ordinance petition and requested that the City Commission listen to the voice of its citizens. Several citizens also spoke in defense of the Committee' s action , stating that there was a misunderstanding between the Committee and the City Attorney regarding the legal requirements to be met by the initiative petition. i The motion to grant the petitioners' request passed on the j j following roll call vote: Commissioner Adams-no Vice Mayor Byrd-no Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes City Attorney Adler said that he will prepare the ordinance as submitted by the petitioners and it will be placed on the consent agenda for first reading on September 10 , 1985. *** 10 .3 (Addressed after agenda item 9 .2 . ) Discussion and possible action on vacation of that portion of Park Row (now known as SW 2nd Terrace) ; that portion of Pine St. ( now known as SW 2nd Place) A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue this item until the next regular Commission meeting of September 10, 1985 . The motion passed unanimously . ADDENDUM ITEM: (Addressed after agenda item 10 . 1 . ) **** 10 .4 Discussion and possible action concerning naming of an Acting Police Chief. City Manager Jewell reported that the responsibility for continued operation of the Police Department has fallen to Capt . Tim Cates, next in command , until such time as the Commission takes action. Commissioner McElyea suggested that a man be borrowed from the Broward Sheriff' s Office to oversee the Police Department until I a new Chief of Police is appointed. Mayor Cook suggested a workshop be held for further discussion before taking action. City Attorney Adler advised that the City needs a Police Chief at all times and recommended that. the Commission appoint an Acting Police Chief to serve from day to day until further action of the Commission. Commissioner Hirsch commented in opposition to turning the command of the Police Department over to the Broward Sheriff ' s Department, and suggested that qualified members of the Dania Police Force should submit resumes to the City Manager for selection as Acting Police Chief. A motion was made by Commissioner McElyea , seconded by Commissioner Adams to appoint Tim Cates as Acting Chief of Police until further action of the Commission. During discussion of the motion, Vice Mayor Byrd commented in favor of a national search for a permanent Police Chief as soon as possible. A workshop meeting was scheduled for Friday, August 30 , 1985 , at 9 :00 a.m. for further discussion. 1 The motion to appoint Tim Cates as Acting Chief of Police (` 1 passed on the following roll call vote: L Commissioner Adams-yes Vice Mayor Byrd-no Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-yes 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Jewell - no comment. i I Regular Commission Meeting 11 August 27, 1985 F7. 11 . 2 City Attorney Adler read the title of a resolution endorsing the adoption by the Broward County Commission of a County Ordinance requiring the County to refuse to issue license tags to individuals with five or more outstanding parking violations until proof of payment of said outstanding violations is presented and recommended passage of the resolution. A motion was made by Vice Mayor Byrd , seconded by Commissioner Adams to declare this item an emergency. The motion passed unanimously. i A motion was made by Vice Mayor Byrd, seconded by Commissioner Adams to adopt the resolution endorsing the adoption by the Broward County Commission of the County Ordinance . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-yes 12 . COMMISSION COMMENT 12 .1 Commissioner Adams - no comment. 12 .2 Commissioner Hirsch - no comment . 12 .3 Commissioner McElyea - no comment. 12 .4 vice Mayor Byrd - no comment . 12 .5 Mayor Cook congratulated Marie Jabalee, Deputy City Clerk , on being awarded the designation of Certified Municipal Clerk. 13 . CITIZENS ' COMMENTS i i 13 . 1 Representative of the Dania Initiative Ordinance Petition �. Committee to speak in reference to petition. ***** (Addressed during discussion of the motion made in agenda item 10 . 2 . ) f This Regular Commission Meeting was then adjourned. ' II i G CG'Z c, MA —COMMI IONER DEPUTY7UTY CLERK—AUDITOR i i S Regular Commission Meeting 12 August 27 , 1985 i i AGENDA DANIA CITY COMMISSION REGULAR MEETING AUGUST 27 , 1985 8: 00 P.M. i i INVOCATION - Pastor Eldrede Jarman, First Baptist Church Of Dania i PLEDGE OF ALLEGIANCE i ROLL CALL 1• CONSENT AGENDA Minutes 1. 1 Workshop Meeting, August 7 , 1985 1. 2 Regular Meeting , August 13 , 1985 Ordinances (First Reading) 1. 3 LU-43-85 - A Land Use Plan Amendment to amend the Dania Land Use Plan from Commercial to Irregular Residential (49 dwelling units per acre) ; Petitioner/Owner - Wilson C. Atkinson, III, Trustee. Property located at approximately 351 Sheridan St. between SE 2nd Ave. and SE 5th Ave. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE DANIA LAND USE PLAN FROM COMMERCIAL TO IRREGULAR RESIDENTIAL (49 DWELLING UNITS PER ACRE) , THE FOLLOWING DESCRIBED LANDS , TO-WIT: �- THE E 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 3 TOWNSHIP 51 SOUTH RANGE 42 EAST LESS THE SOUTH 50 FEET THEREOF w FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4 . 9507 ACRES (215 ,651 SQ FEET) MORE OR LESS, FROM ZONING CLASSIFICATION OF COMMERCIAL TO RM-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE #100 OF THE CITY OF DANIA AS SUBSEQUENTLY AMENDED AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES , AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Ordinance forthcoming) 2• PRESENTATION 3• BIDS 3. 1 Request to bid on Waterline Installation work regarding Eller Drive to new location of Ft. Lauderdale Interconnect. i 1 OF 7 i .. 1 L� 4 . PUBLIC HEARINGS Ordinances (Second and Final Reading) 4.1 PL-40-85 - A Plat Approval Request for "Governor Dan' s Plat Number 1" (0.88 Acres more or less) , Petitioner - Charles S. Dale, Jr. , Owner - First American Service Corp. ; Located at the SE corner of the Intersection of U.S. #1 and SE 7th Street, 701 S. Federal Highway. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GOVERNOR DAN'S PLAT NUMBER 1" SAME BEING: THAT PART OF THE N 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3 TOWNSHIP 51 SOUTH , RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID N 1/2 j LOCATED 494 ' NORTH OF THE SW CORNER OF SAID N 1/2; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF SAID N 1/2 A DISTANCE OF 2461 ; THENCE RUN NORTH PARALLEL TO SAID WEST LINE 1801 , MORE OR LESS , TO THE NORTH LINE OF SAID N 1/2; THENCE, RUN WEST ALONG SAID NORTH LINE 246' TO THE NW CORNER OF SAID N 1/2; THENCE , RUN SOUTH 180 ' MORE OR LESS , TO THE POINT OF BEGINNING; LESS THE WEST 33' FOR PUBLIC HIGHWAY RIGHT OF WAY. SAID LANDS SITUATE , LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAINS 0.880 ACRES AND/OR 38 ,346. 39 SQUARE FEET (PLUS OR MINUS ) ; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "GOVERNOR DAN'S PLAT NUMBER 1" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from August 13 , 1985 ) 4. 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1985 , AND ENDING SEPTEMBER 30 , 1986 , FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; 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 . 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ADOPTING THE ANNUAL ,."P WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1985 , AND ENDING SEPTEMBER 30 , 1986 , FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; 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. 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA ADOPTING THE ANNUAL FISHING PIER BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1985 , AND ENDING SEPTEMBER 30 , 1986 , FOR THE MAINTENANCE AND CARRYING ON OF THE FISHING PIER OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 2 OF 7 L� 4. 5 TC-02-85 A - Amendment to Dania Zoning Code to provide for Industrial-Research-Office Zoning District (IRO) . AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "ZONING" , BY ADDING A NEW ZONING CLASSIFICATION TO BE KNOWN AS "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. s i 4. 6 TC-02-85 B -! Amendment to Dania ZoningCode to provide for Industrial-Research-Office Zoning District (IRO) sign regulations; AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "SIGNS" BY ADDING A NEW SECTION 3-38 ENTITLED "IRO DISTRICT SIGN REGULATIONS" ; 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. 4.7 TC-02-85 C - Amendment to Dania Zoning Code to provide for Amended City-wide parking regulations; AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 6. 21 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMENDING THAT PORTION OF SUBPARAGRAPH (C) (1 ) ENTITLED "SCHEDULE OF OFF STREET PARKING REQUIREMENTS CITY OF DANIA, FLORIDA" ; 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 TC-01-85 - A request to amend the Dania Zoning code so as to permit Adult Congregate Living Facilities in RM-2 districts. Petitioner - Wilson C. Atkinson, III. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE SPECIAL EXCEPTION USES WITHIN THE ZONING CLASSIFICATION RM-2 TO ADD ADULT RESIDENTIAL CARE FACILITY; PROVIDING FOR DEFINITION OF ADULT RESIDENTIAL CARE FACILITY; AMENDING THE SCHEDULE OF USE REGULATIONS TO INCLUDE ADULT RESIDENTIAL CARE FACILITY WITHIN RM-2 DISTRICT; AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS , CITY OF DANIA, TO INCLUDE ADULT RESIDENTIAL CARE FACILITY WITHIN RM-2 DISTRICT; PROVIDING FOR PARKING REQUIREMENTS FOR ADULT RESIDENTIAL CARE FACILITY; AND PROVIDING AN EFFECTIVE DATE. i 3 OF 7 L� t 4.9 RZ-44-85 - A rezoning request from C-2 Commercial to RM-2 Multi-family, Petitioner/Owner - Wilson C. Atkinson, III, Trustee. Property located at approximately 351 Sheridan Street between SE 2nd Ave. and SE 5th Ave. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THE E 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 3 TOWNSHIP 51 SOUTH RANGE 42 EAST LESS THE SOUTH 50 FEET THEREOF FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4. 9507 ACRES (215 ,651 SQ FEET) MORE OR LESS , FROM ZONING CLASSIFICATION OF COMMERCIAL TO RM-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE #100 OF THE CITY OF DANIA AS SUBSEQUENTLY AMENDED AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES , AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 4. 10 PL-53-85 - A plat approval request for "Christy's Addition" Plat (Containing 0.1769 acres more or less) , Petitioner/Owner Jack Christy; 7 NW 3rd Ave. , located on the West side of NW 3rd Ave. , between Dania Beach Blvd. and NW 1st St. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "CHRISTY'S ADDITION" , SAME BEING THAT CERTAIN PARCEL OF LAND LYING IN THE S 1/2 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF # MANISTEE STREET AS SHOWN ON MAP OF TOWN OF MODELLO, AS RECORDED IN PLAT BOOK "B" , PAGE 49 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, (NOW KNOWN AS NW 1ST ST, DANIA, FLORIDA) , AND THE NORTH-WESTERLY LINE OF DANIA AVE. ACCORDING TO THE AFORESAID PLAT (NOW KNOWN AS NW 3RD AVE. ) ; THENCE , SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF NW 3RD AVE. , 429. 50 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; CONTINUING THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID NW 3RD AVE. , A DISTANCE OF 70 FEET; THENCE , WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE , A DISTANCE OF 92. 90 FEET; THENCE, NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 10 FEET; THENCE , WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 20 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 60 FEET; THENCE , EASTERLY AT RIGHT j ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 112. 90 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN { THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 0. 1769 ACRES MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "CHRISTY' S ADDITION" ; 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. `t i i 4 OF 7 i I Special Exceptions 4 . 11 SE-50-85 - A Special Exception request to remodel and add to an existing dwelling to utilize the dwelling as a Church (Duplex Zoning) , Petitioner/Owner - Donill R. Harden. Located at 147 and 149 NW 14th Ave. , at the SW corner of NW 2nd St. and NW 14th Ave. � f Variance Requests 4. 12 VA-32-85 - A Variance Request to construct a building ( I/R g Industrial Restricted Zoning) : (A) On a 7 ,703 sq ft. lot (10 ,000 sq. ft. required) . j (B) On a 70 ft. wide lot ( 75 ft. required) . (C) With no setbacks provided in the rear or side yards (20 ft. required for both side and rear yds. ) ; Petitioner - Gustavo J. Carbonell, Owner - Jack Christy; 7 NW 3rd Ave. , located on the West side of NW 3rd Ave. between Dania Beach Blvd. and NW 1st St. 4.13 VA-45-85 - A Variance Request to construct a 100 sq. ft. off-site pole sign (50 square ft. on-site sign allowed ) on a parcel which currently contains one existing pole sign; Petitioner - Marine Conversions, Inc. ; Owner George Filipi. Located at 167 N Federal Highway, on the SE corner of Federal Highway and NW 2nd St. 4. 14 VA-46-85 - A Variance Request in a RD 6000 Duplex district to - construct a 6 ' wooden fence (4 ' fence allowed) in front and Street side setback area, Petitioner/Owner - Clifford Iacino; located at 830 NW 13th Ave. w 4.15 VA-48-85 - A Variance Request to construct a trailer (approximately 12' x 521 ) at the SW corner of 775 Taylor Lane ( Industr.ial General Zoning) to manufacture marine canvas for boats; Petitioner - Dart Canvas; Owner - Derecktor Gunnel , Inc. Located at 775 Taylor Lane. 4.16 VA-49-85 - A Variance Request to construct a 57 sq ft pole sign (50 sq ft allowed) ; Petitioner/Owner - Transflorida Bank. Located at 499 Sheridan Street, on the NW corner of Sheridan St. and SE 5th Ave. 4. 17 VA-52-85 - A Variance Request to add a third dwelling unit (maximum 1 dwelling unit permitted by zoning code) to an existing two family dwelling unit in a RS 6000 single family zoning district; Petitioner/Owner - Jonathan L. Plummer. Property located at 1411 NW loth St. 4.18 VA-54-85 - A Variance Request to allow a 7' rear yard setback ( 15' required) to construct a pool screen enclosure in an RS 6000 district; Petitioner/Owner - Gilles Lehough; located at 415 SE 4th Terrace. i 5 OF 7 , Land Use 4. 19 LU-42-85 - A Land Use Change to assign a maximum of 250 residential flex units as permitted by the County Land Use Plan; Petitioner/Owner - Wilson C. Atkinson , III , Trustee. Property { located at approximately 351 Sheridan St. between SE 2nd Ave. and SE 5th ave. 5. OCCUPATIONAL LICENSE 6. SITE PLANS i 1 7. PROPOSALS 8. APPROVALS 8. 1 Commission approval regarding sketch of the graphics for two pole signs on the site of the Sheraton Hotel and the Design Center Of The Americas. (Requested by Commission on 3/13/85) 8. 2 Commission approval to start plans on sewer work North of Dania Cut-Off Canal , East of the Airport (U.S. 1 ) . 9. APPOINTMENTS 9. 1 Commission Appointment of a Civilian member to the General Employees Pension Board. (Continued from August 13 , 1985 ) 9. 2 Appointment of Voting Delegate for the Florida League of Cities 59th Annual Convention, held at the Diplomat Hotel October 10 - 4 12th 1985. 10. DISCUSSION w 10. 1 Continued discussion and possible action regarding Police Chief Rigo. 10. 2 Recommendation from City Attorney and possible Commission action regarding petition submitted by Petition Committee in reference to: An initiative Ordinance of the City of Dania , Florida amending Section 5. 22 of Article 5 , of Chapter 28 of the Code of Ordinances of the City of Dania, Florida. 10. 3 Discussion and possible action on vacation of that portion of Park Row (Now known as S.W. 2nd Terrace) ; That portion of Pine St. (Now known as S.W. 2nd Place) 11. ADMINISTRATIVE REPORTS 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENT 12. 1 Commissioner Adams 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Cook 6 OF 7 I 13. CITIZENS' COMMENTS - Comments by Dania citizens or interested Parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 :00 p.m. the second ( 2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting. **Emergencies may be given to the Mayor, a City Commissioner or the City Manager prior to the beginning of the meeting. i j ---------------------------------------------- f ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS , AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i i �y I I I I i 7 OF 7 I� ADDENDUM AGENDA CITY OF DANIA REGULAR MEETING AUGUST 27, 1985 8 : 00 P.M. j I I I i f 10. 1 (REVISED) ACTION CONCERNING RESIGNATION OF POLICE CHIEF RUDOLF P. RICO. j 10.4 DISCUSSION AND POSSIBLE ACTION CONCERNING NAMING OF AN ACTING POLICE CHIEF. i i i I II I i i j I � L� i CITIZENS ' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING I AUGUST 27, 1985 8 :00 P.M. 3 1 . Representative of the Dania Initiative Ordinance Petition 1 Committee to speak in reference to petition. t F f t I �r- 1 i j I i i