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MINUTES
i DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 24 , 1985
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INVOCATION - Commissioner Jean Cook
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PLEDGE OF ALLEGIANCE
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ROLL CALL:
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{ Present
Mayor: John Bertino
Vice Mayor: Chester A. Byrd
Commissioners : Jean Cook
Charles McElyea
City Attorney: Frank Adler
City Manager: Eugene Jewell
City Clerk : Wanda Mullikin
Acting Police Chief : Tim Cates
Building Official: Paul Maxwell
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Absent -
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Commissioner: Howard Hirsch
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A motion was made by Vice Mayor Byrd, seconded by Commissioner Cook
to excuse Commissioner Hirsch from this meeting. The motion passed
unanimously.
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The meeting was called to order by Mayor Bertino, who said he would group
certain public hearing items so as to hear one presentation for all the
related items .
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* (At this time agenda item 4 .6 was addressed. )
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** (At this time the Citizens ' Comments agenda item 13 was addressed. )
1 . CONSENT AGENDA
Minutes
i 1 . 1 Regular Meeting , September 10 , 1985
I Bills
1 . 2 Bills for April and May, 1985
1 Ordinances (First Reading)
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1 . 3 An ordinance amending Chapter 28 by adding Section 9 .31
entitled "Fire Public Safety Facilities Fee" was read for first
reading by City Attorney Adler.
Resolutions
1 .4 The title of a resolution in support of Hands Across Broward
Day on October 5 , 1985 , was read by Mayor Bertino.
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s A motion was made by Commissioner Cook , seconded by Commissioner
McElyea to approve the consent agenda. The motion passed on the I
1 following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
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Commissioner McElyea-yes Mayor Bertino-yes
j 2 . PROCLAMATIONS
2.1 A Proclamation was issued designating the week of. October 3 ,
1985 , as "National Employ the Handicapped Week" .
Regular Commission Meeting1 September
P 24, 1985 "
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ADDENDUM ITEM:
3 . BIDS
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3 .1 Receipt of bids for NW 1st Street Block Grant Program - 10th
year funding.
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City Attorney Adler explained the need to extend the time for
receipt of bids for NW 1st Street Block Grant Program until the
Commission meeting of October 22 , 1985, in order to comply with }
County regulations .
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A motion was made by Vice Mayor Byrd, seconded by Commissioner
Cook to continue the time for acceptance of bids until the
scheduled Commission meeting of October 22, 1985 , at 8 :00 p.m .
The motion passed unanimously.
4 . PUBLIC HEARINGS
Ordinances (Second and Final Reading)
*** (At this time , agenda item 4 .17 was addressed . )
4 . 1 An ordinance amending Section 13-69 of Article IV of Chapter 13
of the 1980 City Code to provide for increase in the monthly
charge for garbage and trash pickups was read for second and
final reading by City Attorney Adler.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
` 4,, A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to adopt the ordinance on second and final p
reading. The motion passed on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
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(Agenda item 4 .2 related to item 4 .14 )
( a) 4 .2 ( RZ-58-85 ) A rezoning request to change from M-1 ( Industrial)
to C-2 (Commercial) . Petitioner: A.J. Ryan, Jr. ; Owner: Walter
B. Duke, III . Property located at 1966 Stirling Rd. in Dania .
A.J . Ryan, Jr. stepped forward to request passage of an
ordinance rezoning all of Tract "A" , Stirling Professional
Center, from M-1 (Broward County) to C-2 zoning classification
for the purpose of locating an Arby' s Restaurant on the vacant
tract of land. The Planning and Zoning Board recommended
approval .
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to adopt the ordinance on second and final
reading . The motion passed on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
**** (At this time agenda item 4 .10 was addressed. )
(Agenda item 4 .3 related to items 4 . 12 , 4 .15, 4 .18 and 5. 1 )
(b) 4 .3 ( RZ-68-85 ) A rezoning request to change from IG (General E
Industrial) to IRO ( Industrial Research Office) . Petitioner: 1
McLaughlin Engineering Co. ; Owner: Edward S. Corlett. Property
located at 400 Taylor Rd,
Bob McLaughlin stepped forward to request rezoning from IG to
IRO. Building Official Maxwell reported that the Planning and
Zoning Board recommended approval and explained that the
project is a Value Car Rental facility.
Regular Commission Meeting 2 September 24 , 1985 ;
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Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
An ordinance rezoning the W 1/2 of the E 1/2 of the SE 1/4 of
the SE 1/4 of Section 27 , Township 50 South , Range 42 East,
less the N 30 ' thereof , less Parcel 1 and Parcel 2 , from IG to
IRO zoning classification was read for second and final reading j
by City Attorney Adler.
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A motion was made by Commissioner Cook, seconded by Vice Mayor
Byrd to adopt the ordinance on second and final reading. The {
motion passed on the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
(b) (At this time agenda item 4 .12 was addressed. )
(Agenda item 4 .4 related to items 4 . 5, 4 .13 and 4 .16 )
( c) 4 .4 (LU-69-85 ) A land use plan amendment from Commercial to
Residential 25 . Petitioner/Owner: Henry R. Graham for Liberia
Economic and Social Development , Inc. Property located at 8
Liberty Terrace .
Mayor Bertino opened the public hearing. Hugo Renda voiced an
objection to Commissioner Cook voting on this item as she is on
the Board of Directors of Liberia Economic and Social
Development, Inc. However, it was determined that she has no
financial interest in the item and , upon the advice of City
Attorney Adler, could not abstain from voting on the item.
Hearing Hugo Renda and Bob Mikes speak in opposition to
increasing the urban density allowance, the Mayor closed the
public hearing.
Mr. Graham described the project as an attempt to replace a
blighted area with affordable housing and said that the project
has the support of the area residents . It was determined that
the density question is not an issue at this time and Mayor
Bertino suggested that when the time comes, perhaps 17 units an
acre could be considered instead of 25.
Mayor Bertino reopened the public hearing. Hearing Hugo Renda
suggest placing the housing project on vacant land north of the
proposed area and leaving the proposed area Commercial, the
Mayor closed the public hearing.
During discussion, City Attorney Adler advised that the
requested classification in the County Land Use Plan designated
as "Residential 25" actually encompasses the range of 16-25 .
Sylvester Jackson, President of L.E.S . , answered Mr. Renda' s
suggestion of relocating the proposed project by stating that
the land is already purchased.
An ordinance amending the City' s Certified Land Use Plan Map
from Commercial to Residential 25 on a parcel of land bounded
on the N by a line approx. 600 ' N/o and parallel to Sheridan
St. , the S by Sheridan St. , the E by No. Dixie Hwy. and the W `
by the city limits of the City of Hollywood was read for second
and final reading by City Attorney Adler.
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A motion was made by Vice Mayor Byrd to adopt the ordinance
amending the City' s Certified Land Use Plan on second and final j
reading. The motion died for lack of a second.
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Residential 25 , the density can be addressed through rezoning ,
Ia motion was made by Commissioner Cook, seconded by
L Commissioner McElyea to adopt the ordinance amending the City' s fl
Certified Land Use Plan on second and final reading.
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Regular Commission Meeting 3 September 24 , 1985
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Mayor Bertino opened another public hearing on the item.
Hearing no one speak in favor or opposition, the Mayor closed
the public hearing.
The motion to adopt the land use amendment ordinance on second
and final reading passed on the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
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( c) 4 . 5 (RZ-70-85) A rezoning request from C-3 (Commercial ) to RM-2 '
(Residential) . Petitioner/Owner: Henry Graham for Liberia i
Economic and Social Development, Inc. Property located at 8
Liberty Terrace.
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Henry Graham stepped forward to request rezoning from C-3 to
RM-2 in order to accommodate multi-family housing. The
Planning and Zoning Board recommended approval.
Mayor Bertino opened the public hearing. Hearing Hugo Renda
voice his objections , the Mayor closed the public hearing.
An ordinance rezoning Lots 1-20 , Blk . 1 ; Lots 1-7 , Blk. 3; Lots
4-9 , Blk. 2; and all of Blk. 4 , of Liberty Heights from C-3 to
RM-2 zoning classification was read for second and final
reading by City Attorney Adler.
After discussion, a motion was made by Vice Mayor Byrd ,
seconded by Commissioner McElyea to adopt the rezoning
1 ordinance on second and final reading. The motion passed on
the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
i Commissioner McElyea-yes Mayor Bertino-yes
(c) (At this time agenda item 4 .16 was addressed . )
* 4 .6 An ordinance amending Section 5 .22 of Article 5 , of Chapter 28,
of the City Code of Ordinances to provide changes in height
regulations.
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to continue the second and final reading
of the ordinance to provide changes in height regulations per t
the petitioner' s request. The motion passed unanimously.
Resolutions (Second and Final)
**** 4 .8 A resolution approving the millage rate necessary to be levied
** for the fiscal year 1985-86 was read by City Attorney Adler.
City Attorney Adler read the millage rate of 5 .239 into the
record, noting a decrease from the rolled back rate of 5 .250 .
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
i A motion was made by Vice Mayor Byrd, seconded by Commissioner
i Cook to adopt the resolution approving the 1985-86 millage
! rate. The motion passed on the following roll call vote: i i
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
4.9 A resolution for the final approval and adoption of the annual
budget of the City of Dania , Florida, for the fiscal year 1 _
1985-86 was read by City Attorney Adler.
Mayor Bertino opened the public hearing. After responding to
Vincent Carroll' s question regarding Commissioners' travel
costs, the Mayor closed the public hearing.
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Regular Commission Meeting 4 September 24 , 1985
A motion was made by Commissioner Cook , seconded by
Commissioner McElyea to adopt the resolution approving the
final adoption of the 1985-86 annual budget. The motion passed
on the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
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( c) (At this time agenda item 4 .13 was addressed. )
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Variance Requests
**** 4 .10 (VA-55-85) - A variance request to allow a maximum 160 ' height
(40 ' permitted) subject to F.A.A. height restrictions;
Petitioner: A.J. Ryan, Jr. ; Owner: Florida Silica Sand Co. ,
Inc. ; property generally located at the 1800 block of Dania
Beach Blvd. (E/o I-95 between Dania Beach Blvd. & Stirling Rd. )
A.J. Ryan, Jr. stepped forward to explain the variance request
of a maximum 160 ' height , subject to F.A.A. restrictions, to
allow development of a hotel/office complex.
Mayor Bertino opened the public hearing. Hearing C .F. Hill
speak in favor and Ed Timoney, an airline pilot , advise careful
consideration of multiple runway airport expansion in granting
height variances , and hearing Vincent Carroll and Bob Mikes
comment on the proposed height ordinance , the Mayor closed the
public hearing.
` A motion was made by Commissioner Cook , seconded by Vice Mayor
Byrd to grant the variance request VA-55-85 to A.J. Ryan, Jr.
subject to F .A.A. restrictions . The motion passed on the
following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
( a) (At this time agenda item 4 .14 was addressed . )
**** 4 .11 (VA-61-85 ) - A variance request to allow A) Log processing use
x * ( including log cutting, chipping , and storage) ; and B) Mobile
office trailer, in a C-3 zoning district; Petitioner: Joseph L.
Maggi; Owner: Stephen St . Clair; for property located at 901
Old Griffin Rd.
A.J. Ryan, Jr. , representing the petitioner, stepped forward to
explain the variance request and stated that, in anticipation
of concerns re excessive noise , the petitioner had the Broward
County Environmental Quality Control Board conduct a sound
test, the results of which proved the noise generated by the
log cutting machine at maximum cutting speed to be less than
the vehicle road noise .
Mayor Bertino opened the public hearing. Leta Scanlan and Ed
Anderson spoke in opposition. Mr. Ryan responded to questions
raised by Ed Timoney regarding the conditions under which the
sound tests were made and offered to invite the concerned
citizens to the site to see and hear the machine in operation.
Skip Ahalt and Roxanne Knight then spoke in opposition to any I
noise, even that of a lawnmower, on a constant everyday basis .
Margaret Anderson and Bob Mikes then spoke in opposition to the
mobile office trailer. Hearing Gloria Daly and Bob Serantino
also speak in opposition, the Mayor closed the public hearing.
Mr. Ryan responded to the objections , offering to withdraw the
request for the mobile office trailer, repeating his invitation ,
to the site for a demonstration, and suggesting that
limitations be placed on the variance, i .e. limit the chipper I
operation to two hours a day, and set a decibel limit .
Regular Commission Meeting 5 September 24 , 1985
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After discussion, a motion was made by Conunissioner McElyea,
seconded by Vice Mayor Byrd to deny the variance request
VA-61-85. The motion to deny passed on the following roll call
vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
( b) 4 . 12 (VA-67-85 ) - A variance request to allow a temporary office
structure; Petitioner: McLaughlin Engineering Co. ; Owner: 3
Edward S . Corlett; property located at 400 Taylor Rd.
jBob McLaughlin stepped forward to explain the variance request
to allow a temporary office structure for the car rental
facility. The Planning and Zoning Board recommended approval
for a period of six months .
Mayor Bertino opened the public hearing . Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Vice Mayor Byrd, seconded by Commissioner
McElyea to grant the variance request VA-67-85 to McLaughlin
Engineering Co. for a period of six months . The motion passed
on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
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(b) (At this time agenda item 4 . 15 was addressed. )
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(c) 4 .13 (VA-72-85 ) - A variance request to increase zoning district
density from 17 units per acre to 25 units per acre; i
Petitioner/Owner: Henry Graham for Liberia Economic and Social
Development, Inc. ; property located at 8 Liberty Terrace in
j Dania. {
A motion was made by Vice Mayor Byrd, seconded by Commissioner t
McElyea to deny the variance request VA-72-85 to Henry Graham
for L. E.S . The motion to deny passed on the following roll
call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
**** (At this time agenda item 8 .1 was addressed. )
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Land Use Flex Change
( a) 4 . 14 (LUF-59-85 ) - A request for a Land Use Flex Change as per 20%
flex rule. ( 0 .9+ acres) ; Petitioner: A.J . Ryan, Jr. ; Owner:
Walter B. Duke , III ; property located at 1966 Stirling Rd.
A.J . Ryan, Jr. explained that this land use flex change request
relates to agenda item 4 .2 , the Arby' s Restaurant . Building
Official Maxwell reported that the request is in order and the
Planning and Zoning Board recommended approval.
i Although not required , Mayor Bertino opened a public hearing.
Hearing no one speak in favor or opposition, the Mayor closed E
the public hearing .
8 A motion was made by Vice Mayor Byrd, seconded by Commissioner
McElyea to grant the land use flex change LUF-59-85 to A.J.
Ryan, Jr. The motion passed on the following roll. call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes 'q
Commissioner McElyea-yes Mayor Bertino-yes j
**** (At this time, agenda item 4 . 11 was addressed . ) i
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Regular Commission Meeting 6 September 24 , 1985
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( b) 4 . 15 (LUF-66-85) - A request for a Land Use Flex Change (8+ acres)
under the 20% flex rule; Petitioner: McLaughlin Engineering
Co. ; Owner: Edward S . Corlett; property located at 400 Taylor
Rd. in Dania.
Although not required, Mayor Bertino opened a public hearing.
Hearing no one speak in favor or opposition, the Mayor closed
the public hearing.
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to grant the land use flex change
LUF-66-85 to McLaughlin Engineering Co. The motion passed on
the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
( b) (At this time agenda item 4 . 18 was addressed. )
(c) 4 . 16 (LUF-71-85) - A request for a Land Use Flex Change ( approx. 104
units) ; Petitioner/Owner: Henry Graham for Liberia Economic and
Social Development, Inc. ; property located at 8 Liberty Terr.
City Planner, Larry Leeds, reported on available flex and
stated that this is a technical requirement of the Broward
County Land Use Plan.
A motion was made by Vice Mayor Byrd , seconded by Commissioner
Cook to grant the land use flex change LUF-71-85 to Henry
k Graham for L.E.S . The motion passed on the following roll call
vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
**** (At this time agenda item 4 . 8 was addressed. )
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Special Exceptions
4 .17 (5E-62-85 ) - A special exception request for an Adult
Congregate Living Facility in an RM-2 zoning district;
Petitioner/Owner: Wilson C. Atkinson , III , Trustee; property
generally located at 351 Sheridan St .
Wilson Atkinson , III stepped forward to explain the special
exception request for an A.C.L.F. and presented renderings of
the project. The Planning and Zoning Board recommended
approval.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook, seconded by Vice Mayor
Byrd to grant the special exception request 5E-62-85 to Wilson
C. Atkinson, III , Trustee. The motion passed on the following
roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes i
Commissioner McElyea-yes Mayor Bertino-yes I
( b) 4 .18 (5E-63-85) - A special exception request for a Car Rental !t
Facility; Petitioner: McLaughlin Engineering Co. ; Owner: Edward
S. Corlett; property located at 400 Taylor Rd.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing. i
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Regular Commission Meeting 7 September 24 , 1985
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City Planner, Larry Leeds , reported that the Planning and
Zoning Board recommended approval conditional upon submittal
and review of the following items before the City Commission
hearing: 1 ) traffic study; 2) 85 ' Griffin Rd. dedication; and
3) revised landscape plan consistent with Code.
City Planner Leeds read the traffic study report, reported the
resolution of dedication by plat approval , and reported that
the applicant will be required to submit a revised landscape
plan prior to receiving the building permit . Mr. Leeds also
advised the attachment of an additional condition, i .e. prior
to issuance of the building permit, the applicant shall submit
documentation that this plan complies with all F.A.A. and
Broward County aviation requirements.
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A motion was made by Vice Mayor Byrd, seconded by Commissioner
Cook to grant the special exception SE-63-85 for a car rental
facility to McLaughlin Engineering Co. conditional upon
submittal of a revised landscape plan consistent with the City
Code and documentation that the plan complies with all F.A.A.
and Broward County aviation requirements prior to issuance of
the building permit . The motion passed on the following roll
call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
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5 . SITE PLANS j
5 .1 (SP-04-85 ) - A Site Plan approval request for a Car Rental
Facility; Petitioner: McLaughlin Engineering Co. ; Owner: Edward
S. Corlett; property located at 400 Taylor Rd.
The Architectural Consultant for the petitioner stepped forward
to present the car rental facility site plan for approval and
assured compliance with the landscape code. Building Official j
Maxwell verified approval of the landscape plan.
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Inviting public comment and hearing none , the Mayor brought the
item before the Commission.
A motion was made by Commissioner Cook, seconded by Vice Mayor
Byrd to grant site plan approval for SP-04-85 to McLaughlin
Engineering Co. The motion passed on the following roll call
vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner McElyea-yes Mayor Bertino-yes
( c) (At this time agenda item 4 .4 was addressed. )
6 . OCCUPATIONAL LICENSES - none
7 . PROPOSALS - none
8 . EXPENDITURE APPROVALS ;
**** 8 .1 Approval to expend monies to re-roof the Modello Park i
*** Recreation Building; Total cost for materials and labor,
$4 ,285 .00 .
City Manager Jewell explained the need to replace the roof of.
the Recreation Building at Modello Park and requested
authorization to accept the proposal of The Roof People, the
lowest of four proposals received, in the amount of $4 ,285.00 .
He reported that the expenditure requested is appropriated in
the budget.
A motion was made by Commissioner Cook, seconded by Vice Mayor j
Byrd to adopt a resolution authorizing the expenditure of i
$4 ,285 .00 to The Roof People to replace the roof at Modello
Park. The motion passed unanimously.
Regular Commission Meeting 8 September 24 , 1985
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8 . 2 Approval to expend $3 ,000 .00 to purchase two (2 ) monuments to
honor Korean and Vietnam War Veterans. American Legion.
City Manager Jewell explained that for a number of years there
has been a monument in front of the American Legion Hall on
N.W. 1st Street honoring those residents of Dania who served in
World War II and that Dania' s two American Legion Posts, 209
and 304 , have been working together on a project to honor Dania
resident Korean and Vietnam War Veterans as well .
The Commander. of Post 304 described the project involving the
purchase of two monuments at a cost of $1500 . each on which the
names of all resident Korean and Vietnam War Veterans will be
placed, regardless of what Post they belong to or even if they
don' t belong to a Post . He announced that a parade celebration
is also being planned for November 10 , 1985 .
During discussion of the monuments and where they are to be
located, Mayor Bertino allowed citizen input . Peggy Kaffel
noted that Dania is the first City to be putting up memorials
for the living, not just the dead.
A motion was made by Commissioner Cook, seconded by Vice Mayor
Byrd to grant the request of the American Legion and approve
the expenditure of $3 ,000 . for the purchase of two monuments. j
The motion passed unanimously.
9 . APPOINTMENTS
9 .1 Designation of ( 2 ) Alternate Voting Delegates for the Annual
National League of Cities , December 7-11 , 1985 Seattle
Washington. (Per April 9 , 1985 , Regular Commission Meeting,
Commissioner Jean Cook named Voting Delegate, no Alternates
named at this meeting. )
A motion was made by Vice Mayor Byrd, seconded by Commissioner
Cook to appoint Mayor Bertino and Commissioner McElyea as
Alternate Voting Delegates for the National League of Cities.
The motion passed unanimously.
10. DISCUSSION
10 .1 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 Pl . ) . (Continued from 9/10/85)
City Attorney advised against vacating the property commonly
known as Mullikin Park, but suggested closing those streets as
a public thoroughfare , removing the barricades that are
currently in the middle of the block and landscaping and
barricading both ends of the street.
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to direct City Attorney Adler to prepare a
resolution closing the streets as a public thoroughfare. The
motion passed unanimously.
11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager Jewell reported on the traffic signal on Sheridan
and S .E. 5th Avenue, reading a letter from Broward County
Traffic Engineering which estimated the time for the placement
of the traffic signal as January, 1986, according to
information received from the Florida D.O.T.
City Manager Jewell requested authorization to expend $3 ,250.00
for the purchase of equipment from Sherco Corp. to replace the
air conditioning in the Library. He said the equipment will be
installed by City crews within approximately 2-3 weeks. i
Regular Commission Meeting 9 September 24 , 1985
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A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to adopt a resolution authorizing the
expenditure of $3 ,250 .00 to Sherco Corp. for air conditioning
equipment. The motion passed unanimously. j
11 . 2 City Attorney Adler - no comment.
12. COMMISSION COMMENT
12 . 1 Commissioner Cook announced the Paul DiMaio is on the
Performing Arts Advisory Committee representing the City of
Dania and the Commissioners extended congratulations to Mr.
DiMaio.
12 . 2 Commissioner Hirsch - absent.
12 . 3 Commissioner McElyea - no comment.
12 .4 Vice Mayor Byrd inquired about Police Chief applications and
was informed by City Manager Jewell that 16 applications have
been received so far.
12 .5 Mayor Bertino commented on the Dania Chamber of Commerce Dinner
to be held on Saturday and urged attendance.
13 . CITIZENS ' COMMENTS
Request by Gloria Daly to speak concerning recent newspaper
publications of Letters to the Editor.
** Gloria Daly stepped forward to respond to Paul DiMaio' s editorial
that appeared in Sunday' s issue of the Miami Herald questioning the
capabilities of Dania' s elected officials. She expressed
appreciation to the Commissioners for their capable handling of City
growth and internal Department Head replacement tasks . She said
that the City' s officials, administration, and public servants have
served the City well and urged Danians to show respect, support and
solidarity.
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No other verbal or written requests for citizens' comments for this
night' s meeting were received.
,g,afi This Regular Commission Meeting was then adjourned.
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--MAYOR-COMMISSIONER
CITY CLERK-AUDITOR
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Regular Commission Meeting 10 September 24 , 1985
AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 24 , 1985
8 : 00 P.M. i
INVUCATION -
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PLEDGE OF ALLEGIANCE
ROLL CALL
1 . CONSENT AGENDA
Minutes
1 .1 Regular Meeting, September 10, 1985
Bills
1 . 2 Bills for April and May , 1985
Ordinances (First Reading)
1 . 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28
BY ADDING SECTION 9 . 31 ENTITLED "FIRE PUBLIC SAFETY FACILITIES
FEE " ; PROVIDING FOR DEFINITIONS ; PROVIDING FOR RATES ; PROVIDING
FOR THE TIME OF PAYMENT ; PROVIDING FOR THE USE OF PROCEEDS ;
PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES
` COLLECTED ; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ,d-
BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN
EFFECTIVE DATE .
Resolutions
1 . 4 RESOLUTION OF THE CITY OF DANIA , FLORIDA , IN SUPPORT OF HANDS
ACROSS BROWARD DAY ON OCTOBER 5 , 1985 .
2 . PROCLAMATIONS
2 . 1 Proclamation designating the week of October 3 , 1985 as
"National Employ the Handicapped Week " .
3. BIDS
4. PUBLIC HEARINGS '
Ordinances (Second and Final Reading)
4. 1 AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , AMENDING SECTION
13-69 OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF ORDINANCES
OF THE CITY OF DANIA TO PROVIDE FOR AN INCREASE IN THE MONTHLY
CHARGE FUR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS FROM
$5. 90 TO $6 .40 AND FOR SMALL BUSINESS UNITS FROM $8 .85 TO $9 . 60 ;
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 THAT THE
EFFECTIVE DATE OF THIS ORDINANCE SHALL BE AS OF THE OCTOBER , 1985
BILLING DATE .
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4 . 2 RZ-58-85 - A rezoning request to change from M-1 (Industrial ) to
C-2 (Commmercial ) . Petitioner - A.J . Ryan, Jr. , Owner - Walter
B. Duke, III . Property located at 1966 Stirling Road in Dania.
AN ORDINANCE OF THE CITY OF DANIA , FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT : ALL OF TRACT "A" , STIRLING
PROFESSIONAL CENTER , ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 113 AT PAGE 47 OF THE PUBLIC RECORDS OF BROWARD
COUNTY , FLORIDA ; SAID LANDS SITUATE , LYING AND BEING IN BROWARD
COUNTY , FLORIDA , FROM ZONING CLASSIFICATION OF M-1 (BROWARD
COUNTY ) TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF
ORDINANCE NO. 100 OF THE CITY OF DANIA , AS SUBSEQUENTLY AMENDED ;
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FUR AN
EFFECTIVE DATE .
4 . 3 RZ-68-85 - A rezoning request to change from IG (General
Industrial ) to IRO ( Industrial Research Office) . Petitioner -
McLaughlin Engineering Co. ; Owner - Edward S. Corlett . Property
located at 400 Taylor Road.
AN ORDINANCE OF THE CITY OF DANIA , FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO WIT : THE W 1 /2 OF THE E 1 /2 OF THE
SE 1/4 OF THE SE 1 /4 OF SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42
EAST ; LESS THE NORTH 30 FEET THEREOF , LESS PARCEL 1 : A PORTION
OF SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42 EAST ; BEING DESCRIBED
- 6 AS FOLLOWS : COMMENCE AT THE SE CORNER OF SAID SECTION 27 ; THENCE
RUN NORTH 2 DEGREES , 01 MINUTE , 16 SECONDS WEST FOR A DISTANCE
OF 1317 .27 FEET , ALONG THE EAST LINE OF SAID SECTION 27 TO THE
SOUTH RIGHT-OF-WAY LINE OF TAYLOR ROAD ; THENCE SOUTH 89 DEGREES ,
27 MINUTES , 51 SECONDS WEST FOR A DISTANCE OF 341 .07 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING ; THENCE CONTINUE SOUTH
89 DEGREES 27 MINUTES 51 SECONDS WEST FOR A DISTANCE OF 341 .07
FEET ; THENCE SOUTH 1 DEGREE , 57 MINUTES , 02 SECONDS EAST A
DISTANCE OF 252. 61 FEET ; THENCE NORTH 53 DEGREES , 36 MINUTES , 15
SECONDS EAST , FOR A DISTANCE OF 413 . 47 FEET ; THENCE NORTH 1
DEGREE , 59 MINUTES , 09 SECONDS WEST A DISTANCE OF 10.32 FEET TO
THE POINT OF BEGINNING. ALSO LESS PARCEL 2 : A PORTION OF
^� SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42 EAST ; BEING DESCRIBED AS
FOLLOWS : COMMENCE AT THE SE CORNER OF SAID SECTION 27 ; THENCE
RUN NORTH 2 DEGREES , 01 MINUTE , 16 SECONDS WEST FOR A DISTANCE OF
1317 . 27 FEET , ALONG THE EAST LINE OF SAID SECTION 27 TO THE SOUTH
RIGHT-OF-WAY LINE OF TAYLOR ROAD ; THENCE SOUTH 89 DEGREES , 27
MINUTES , 51 SECONDS WEST FUR A DISTANCE OF 341 . 07 FEET ALONG SAID
SOUTH LINE ; THENCE SOUTH 1 DEGREE , 59 MINUTES , 09 SECONDS EAST
FUR A DISTANCE OF 10 . 32 FEET TO THE POINT OF BEGINNING ; THENCE
CONTINUE SOUTH 1 DEGREE , 59 MINUTES , 09 SECONDS EAST FOR A
DISTANCE OF 96. 97 FEET , THENCE SOUTH 53 DEGREES , 36 MINUTES , 15
SECONDS WEST FUR A DISTANCE OF 413 .54 FEET ; THENCE NORTH 1
DEGREE , 57 MINUTES , 02 SECONDS WEST FOR A DISTANCE OF 97 . 01 FEET ;
THENCE NORTH 53 DEGREES , 36 MINUTES , 15 SECONDS EAST FOR A
DISTANCE OF 413.47 FEET TO THE POINT OF BEGINNING , SAID LANDS
SITUATE , LYING AND BEING IN BROWARD COUNTY , FLORIDA , FROM ZONING
Continued. . .
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Continued from pg. 2. . .
CLASSIFICATION OF IG TO IRO ZONING CLASSIFICATION UNDER THE
PROVISIONS F ORDINANCE O O OF THE
CITY
OF DANIA ,
FLORIDA,
I S
SUBSEQUENTLY AMENDED ; ANDPROVVIDINGTHATALLORDINANCESORPARTS
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 LU-69-85 - A Land Use Plan Amendment from Commercial to
Residential 25. Petitioner/Owner - Henry R. Graham for Liberia
Economic and Social Development , Inc. Property located at 8
Liberty Terrace.
AN ORDINANCE OF THE CITY OF DANIA , FLORIDA, AMENDING THE CITY ' S
CERTIFIED LAND USE PLAN MAP FROM COMMERCIAL TO RESIDENTIAL 25 ON
A PARCEL OF LAND BOUNDED ON THE NORTH BY A LINE APPROXIMATELY 600
FEET NORTH OF AND PARALLEL TO SHERIDAN STREET , THE SOUTH BY
SHERIDAN STREET , THE EAST BY NORTH DIXIE HIGHWAY , AND THE WEST BY
THE CITY LIMITS OF THE CITY OF HOLLYWOOD , FLORIDA ; PROVIDING FOR
SEVERABILITY ; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND
PROVIDING FOR AN EFFECTIVE DATE .
4.5 RZ-70-85 - A rezoning request from C-3 (Commercial ) to RM-2
(Residential ) . Petitioner/Owner - Henry Graham for Liberia
Economic and Social Development , Inc. Property located at 8
Liberty Terrace.
AN ORDINANCE OF THE CITY OF DANIA ,T : LOTSI FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT : LOTS 1 THROUGH 20 , BLOCK 1 ,
WHICH IS ALL OF BLOCK ONE INCLUSIVE ; LOTS 1 THROUGH 7 , BLOCK
THREE , WHICH IS ALL OF BLOCK THREE INCLUSIVE , ALL OF LOTS 4
THROUGH 9 BLOCK TWO INCLUSIVE , WHICH IS ALL OF BLOCK TWO LESS
LOTS 1 , 2 ,, AND 3 , AND ALL OF BLOCK FOUR , OF LIBERTY HEIGHTS , PLAT
BOOK 18 , PAGE 12 , OF THE PUBLIC RECORDS OF BRUWARD COUNTY ,
FLORIDA ; SAID LANDS SITUATE , LYING AND BEING IN BRUWARD COUNTY ,
...,� FLORIDA FROM ZONING CLASSIFICATION OF COMMERCIAL C-3 TO
RESIDENTIAL RM-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF
ORDINANCE NO . 100 OF THE CITY OF DANIA , FLORIDA , AS SUBSEQUENTLY
AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN
EFFECTIVE DATE .
4 .6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA , AMENDING SECTION
SECTION 5. 22 OF ARTICLE 5 , OF CHAPTER 28 , OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE CHANGES IN
HEIGHT REGULATIONS BY THE AUDITION OF A NEW SUBPARAGRAPH
DESIGNATED ( h ) ; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED , ALL
OTHER PROVISIONS OF SECTION 5 .22 SHALL REMAIN IN FULL FORCE AND
EFFECT ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN
EFFECTIVE DATE . 3 OF 6
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Resolution (Second and Final )
4.8 A RESOLUTION OF THE CITY OF DANIA, FLORIDA , AS REQUIRED BY THE
CITY CHARTER AND SECTION 200.065 , FLORIDA STATUTES , APPROVING THE
MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1985-86 ;
AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE .
4. 9 A RESOLUTION OF THE CITY OF DANIA, FLORIDA , AS REQUIRED BY THE
CITY CHARTER AND SECTION 200 .065 , FLORIDA STATUTES , FOR THE FINAL
APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA,
FLORIDA , FOR THE FISCAL YEAR 1985-86 ; 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 .
Variance Requests
4 . 10 VA-55-85 - A Variance request to allow a maximum 160 ' height
(40 ' ) permitted subject to F .A.A. height restrictions .
Petitioner - A.J . Ryan , Jr./Owner - Florida Silica Sand Co . , Inc .
Property generally located at the 1800 block of Dania Beach Blvd.
( East of I -95 between Dania Beach Blvd. and Stirling Rd . )
4 . 11 VA-61-85 - A Variance request to allow A) Log processing use
( including log cutting , chipping , and storage ) ; and B) Mobile
office trailer , in a C-3 zoning district . Petitioner - Joseph L .
Maggi /Owner - Stephen St . Clair . For property located at 901 Old
Griffin Rd .
4. 12 VA-67-85 - A Variance request to allow a temporary office
structure . Petitioner - Mclaughlin Engineering Co . ; Owner -
Edward S . Corlett . Property located at 400 Taylor Road .
4 . 13 VA-72-85 - A Variance request to increase zoning district density
from 17 units per acre to 25 units per acre. Petitioner/Owner
Henry Graham for Liberia Economic and Social Development , Inc.
Property located at 8 Liberty Terrace in Dania .
Land Use Flex Change
4 . 14 LUF-59-85 - A request for a Land Use Flex Change as per 20% flex
rule . (0 .9 +/- acres ) ; Petitioner, A.J . Ryan , Jr. /Owner - Walter
B . Duke , III . Property located at 1966 Stirling Rd .
4. 15 LUF-66-85 - A request for a Land Use Flex Change (8 +/- acres )
under the 20% flex rule . Petitioner - Mclaughlin Engineering
Co . , Owner - Edward S. Corlett. Property located at 400 Taylor
Rd. in Dania .
4 . 16 LUF-71-85 - A request for a Land Use Flex Change (approx. 104
units ) . Petitioner/Owner - Henry Graham for Liberia Economic and
Social Development , Inc . Property located at 8 Liberty Terrace.
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Special Exception
4 . 17 SE-62-85 - A special exception request for an Adult Congregate
Living Facility in an RM-2 zoning district . Petitioner/Owner -
Wilson C. Atkinson , III , Trustee . Property generally located at
351 Sheridan St .
4. 18 SE-63-85 - A special exception request for a Car Rental Facility .
Petitioner , Mclaughlin Engineering Co . /Owner - Edward S . Corlett .
Property located at 400 Taylor Rd .
5. SITE PLANS
5 . 1 SP-04-85 - A Site Plan approval request for a Car Rental
Facility . Petitioner - Mclaughlin Engineering Co. ; Owner -
Edward S . Corlett . Property located at 400 Taylor Rd.
6 . OCCUPATIONAL LICENSE
7 . PROPOSALS
8 . EXPENDITURE APPROVALS
8. 1 Approval to expend monies to re-roof the Modello Park Recreation
Building ; Total cost for materials and labor, $4 , 285 .00.
8 . 2 Approval to expend $3 ,000 .00 to purchase two ( 2 ) monuments to
honor Korean and Vietnam War Veterans . American Legion .
9. APPOINTMENTS
9. 1 Designation of ( 2 ) Alternate Voting Delegates , for the Annual
-
National League of Cities , December 7-11 , 1985 Seatle Washington .
( Per April 9 , 1985 Regular Commission Meeting , Commissioner Jean
Cook named Voting Delegate , no Alternates named at this meeting )
10 . DISCUSSION
10 . 1 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 ) . (Continued from 9/10/85 )
"4, 11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager
11 . 2 City Attorney
12. COMMISSION COMMENT
12 . 1 Commissioner Cook
12 . 2 Commissioner Hirsch
12 .3 Commissioner Mc Elyea
12. 4 Vice Mayor Byrd
12 . 5 Mayor Bertino
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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
j to the beginning of the meeting.
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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.
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ADDENDUM
CITY OF DANIA
REGULAR MEETING
SEPTEMBER 24, 1985
8:00 PM
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3 . BIDS
3 . 1 Recut of bids for NW 1st Street Block Grant Program - 10th year
funding.
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CITIZENS ' COMMENTS
AGENDA
CITY OF DANIA
REGULAR MEETING
SEPTEMBER 24, 1985
8: 00 P.M.
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I . REQUEST BY GLORIDA DALY TO SPEAK CONCERNING RECENT NEWSPAPER
PUBLICATIONS OF LETTERS TO THE EDITOR.
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