HomeMy WebLinkAboutNULL (159) AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 17, 1985
8: 00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
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ROLL CALL
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1. CONSENT AGENDA
Bills
1 . 1 Approval of bills paid for the month of November 1985. {
Minutes
1 . 2 November 26 , 1985 , Regular Meeting.
Ordinances (First Reading)
1 . 3 RZ-94-85 - A rezoning request (More or less 9.9 acres to change
from RM (Multi-family) to C-2 (Commercial) . Petitioner/Owner -
Michael L. Thomas. Property located at 251 Bryan Road. j
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT: THE, EAST 683. 19 FEET OF TRACT
'A' , LESS THE SOUTH 295 FEET THEREOF, "RE-AMENDED PLAT OF
HOLLYWOOD PALMS" , AS RECORDED IN PLAT BOOK 36 , PAGE 46, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND CONTAINING 13. 000
ACRES, MORE OR LESS , FROM ZONING CLASSIFICATION OF RM TO C-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 e
REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE.
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1. 4 RZ-99-85 - A Rezoning request (More or less 4.7 acres) to change
".4F from IG (Industrial General) to IRO (Industrial Research Office) . )
Petitioner-Airport East Associates, Owner-Nick Pasquariello. f
Property located at 1800 Taylor Road Extension.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT: A PORTION OF THE NW1/4 OF THE
SE1/4 OF THE NW1/4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42
EAST, BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS : 6 BEGINNING AT THE SE CORNER OF SAID NW1/4 OF THE SE1/4 OF THE F
NW1/4 OF SECTION 26; THENCE, NORTH 88 DEGREES , 05 MINUTES ( ' ) , 34
SECONDS (" ) WEST ALONG THE SOUTH LINE OF SAID NW1/4 OF THE SEl/4
OF THE NW1/4 OF SECTION 26 , A DISTANCE OF 563. 05 FEET; THENCE
NORTH 1 DEG 41 ' 46" EAST, ALONG A LINE 100. 00 FEET EAST OF AND
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Continued RZ-99-85
PARALLEL WITH THE WEST LINE OF SAID NW1/4 OF THE SE1/4 OF THE
NW1/4 OF SECTION 26 , A DISTANCE OF 366. 18 FEET; THENCE SOUTH 88
j DEG 04 ' 57" EAST, A DISTANCE OF 562. 66 FEET; THENCE SOUTH 1 DEG
38 ' 4" WEST ALONG THE EAST LINE OF SAID NW1/4 OF THE SE1/4 OF THE
NW1/4 OF SECTION 26, A DISTANCE OF 366. 08 FEET TO THE POINT OF
BEGINNING. SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4 . 7309 ACRES MORE
OR LESS, FROM ZONING CLASSIFICATION OF I-G TO IRO ZONING
CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE
CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING
I 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.
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1 . 5 RZ-100-85 - A rezoning request (0.34 acres) to change from
RS-6000 (Single Family to RM (Multi-Family) ) .
Petitioner/Owner-Barbara Jones. Propery located at 451 SW 12th
Avenue.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 1 & 2 , BLOCK 9 , COLLEGE
TRACT 2ND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 19 , PAGE 19, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, FROM ZONING CLASSIFICATION OF RS-6000 TO RM ZONING
CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE. NO. 100 OF THE i
CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
1 . 6 PL-96-85 - A Plat approval request for 'T.E.E. Plat' (Containing
10.5 acres more or less) . Petitioner - M.E. Berry II, ;
Owner-Thomas E. Esposito, Trustee. Property located at 701 N.
Federal Hwy.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"T.E.E. PLAT" , SAME BEING THE E1/2 OF THE SWI/4 OF THE NE1/4 OF
THE NW1/4, EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE _
DANIA CUT-OFF CANAL RIGHT-OF-WAY, AND LESS THE WEST 50 FEET
THEREOF, AND ALL OF THAT PORTION OF THE SE1/4 OF THE NE1/4 OF THE
NW1/4 LYING WEST OF A LINE 75 FEET WEST OF THE ORIGINAL
CENTERLINE OF THE FLORIDA EAST COAST RAILROAD AND LYING NORTH OF
THE DANIA CUT-OFF CANAL RIGHT-OF-WAY, BEING A PART OF SECTION 34 ,
TOWNSHIP 50 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE, LYING AND
BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND
CONTAINING 10. 4896 ACRES , (456 ,929 SQ. FT. ) MORE OR LESS; AND
ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS
AND ALLEYS , AS SHOWN ON SAID PLAT OF "T.E.E. PLAT" ; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
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2 . PROCLAMATIONS - None
J . BIDS (8:00 P.M. to 8:15 P.M. )
3. 1 Bids to be opened and read for the work contained in the project
"Water Treatment Plant - Painting of Lime Feed System". Project
Number 85-085.
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4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
BUILDING AND ZONING
4. 1 PETITIONER/OWNER - Jack Christy
A) Public Hearing SE-93-85 - A Special Exception request to
allow the construction of a warehouse in a C-3 zoning
district. Property located at 205 NW First Avenue.
B) SP-24-85 - A Site Plan request to allow the construction of a
warehouse in a C-3 zoning district. Property located at 205 1
NW First Avenue. i
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4 . 2 PETITIONER/OWNER - Michael L. Thomas
A) Public Hearing LUF-95-85 - A request for a Land Use Flex
change (9. 9 acres more or less) under the 58 Rule. Property
located at 251 Bryan Road.
4. 3 PETITIONER - Airport East Associates; OWNER - Nick Pasquariello
A) Public Hearing SE-97-85 - A Special Exception request to
allow the construction of a hotel/restaurant facility.
Property located at 1800 Taylor Road Extension.
B) Public Hearing LUF-98-85 - A request for a Land Use Flex
change to assign 4 .7 acres (more or less) of commercial flex
acreage. Property located at 1800 Taylor Road Extension.
4.4 PETITIONER/OWNER - Barbara Jones
A) Public Hearing VA-101-85 - A Variance request to allow the
construction of a multi-family structure with (A) a 7 ' south
side yard setback (15' required) ; (B) a 7' north side yard
setback ( 15' required) ; and (C) a 20' rear yard setback ( 30 '
required) . Property located at 451 SW 12 Avenue.
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4.5 PETITIONER - A. J. Ryan, Jr. ; OWNER - Anne Gottlieb
A) Public Hearing VA-102-85 - A Variance request to allow the
construction of a storage facility with (A) 9 parking spaces
(89 spaces required) ; and (B) all landscaping to be located
within the front yard setback area. Property located at 4080
Ravenswood Road.
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4.6 PETITIONER/OWNER - David Katz
A) Public Hearing VA-103-85 - A Variance request to allow the
construction of a hotel Facility with (A) 566 parking spaces
(988 spaces required) ; (B) a maximum height of 100' ( 5 story
max) subject to F.A.A. height regulations; and (C) three 12'
x 40' loading spaces in lieu of thirteen 12' x 25' loading
spaces. Property generally located at 200 Griffin Road
Extension.
I 4 .7 PETITIONER/OWNER - Allan Rowe j
A) Public Hearing VA-104-85 - A Variance request to allow the
! construction of a single family dwelling in a Single Family,
RS-6000 zoning district with insufficient square footage;
f 4500 square feet provided (minimum 6 ,000 square feet
required) . Property located at 1005 SW 12 Avenue.
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4. 10 PETITIONER - JOEL GUSTAFSON; OWNER - E. CLAY SHAW, JR. , GAYLE
SHAW PETERS.
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A) Public Hearing RZ-88-85 - A rezoning request to change from
IG ( Industrial General ) to IRO ( Industrial Research Office) ,
property generally located approximately in the 1000 Block of
Taylor Road (East of U.S. 1 and North of Griffin Road j
Extension)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO-WIT: THAT PORTION OF THE WEST
1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 , TOWNSHIP 50 �.-
SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SAID SECTION 27; THENCE SOUTH
89 DEGREES, 45 MINUTES, 20 SECONDS EAST, ALONG THE SOUTH LINE
OF' SAID SECTION 27, A DISTANCE OF 683 . 84 FEET TO THE SF,
CORNER OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION
27; THENCE NORTH 01 DEG, 57 MIN, 30 SEC WEST, ALONG THE EAST
LINE OF SAID W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 ,
A DISTANCE. OF 25.01 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 89 DEG, 45 MIN, 20 SEC WEST, ALONG A LINE 25 FEET NORTH
OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 27 , A DISTANCE OF 603.90 FEET;
THENCE NORTH 02 DEG, 52 MIN, 13 SEC WEST, A DISTANCE OF 60. 06
FEET; THENCE NORTH 46 DEG, 03 MIN, 54 SEC WEST, A DISTANCE OF
55.75 FEET TO A POINT ON A LINE 40 FEET EAST OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEL WITH THE WEST LINE OF SAID
W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27; THENCE NORTH
01 DEG, 53 MIN, 07 SEC WEST, ALONG SAID PARALLEL LINE A j
DISTANCE OF 288. 26 FEET TO A POINT ON THE ARC OF A 100 . 00
RADIUS, TANGENT CURVE CONCAVE TO THE SOUTHEAST, THENCE
NORTHEASTERLY ALONG SAID CURVE HAVING A DELTA OF 51 DEG 29 j
MIN 22 SEC, AN ARC DISTANCE OF 89.87 FEET TO A POINT OF
TANGENCY, SAID POINT LYING ON THE SOUTHEASTERLY RIGHT-OF-WAY
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Continued. . . 4.10 RZ-88-85 - Gustafson/Shaw
OF TAYLOR ROAD AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF-WAY MAP #86095-2408 ; THENCE NORTH 49
I DEG 36 MIN 15 SEC EAST, ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY, A DISTANCE OF 465.32 FEET TO AN ANGLE POINT IN SAID !,
i RIGHT-OF-WAY; THENCE NORTH 53 DEG 36 MIN 12 SEC FAST,
J CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, A DISTANCE
OF 291 .86 FEET TO A POINT ON THE EAST LINE OF THE SAID W 1/2
OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 ; THENCE SOUTH O1
DEG 57 MIN 30 SEC EAST, ALONG SAID EAST LINE, A DISTANCE OF
j 938. 93 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN
BROWARD COUNTY, FLORIDA, AND CONTAINING 10 . 19 ACRES, MORE OR
LESS, FROM ZONING CLASSIFICATION OF I-G TO IRO ZONING
CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF
j THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND 3
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL fi
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN 4
EFFECTIVE DATE.
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ADMINISTRATIVE j
4 . 11 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY
OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOT NINE (9) IN BLOCK
ONE (1 ) OF WEST DANIA HEIGHTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 23, PAGE 49 , OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF
PETITIONERS/ OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND
PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE
DATE. I
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5. OCCUPATIONAL LICENSES - None
6. EXPENDITURE REQUEST
J411 6. 1 Request by Police Department to purchase 3 Police Vehicles per
State Bid from Peacock Dodge, in the amount of $9 ,936. 85 each.
! (State Contract #070-00-86-1 ; Spec. 2B )
6.2 Request by Fire Department to purchase 1 Command Vehicle per
State Bid from Peacock Dodge, in the amount of $9 ,936. 85. (State
Contract #070-00-86-1 ; Spec. 2B)
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7. SPECIAL APPROVALS - None
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8. APPOINTMENTS
8. 1 Recommendations by Commission for the following Boards:
Unsafe Structures - 3 appointments; Code Enforcement Board - 2
appointments; Housing Authority - 2 appointments. (See volunteer
list) .
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8. 2 Discussion and possible action concerning status of John Vollmann
as member of Police and Firefighter Pension Board, Unsafe
Structures Board and Code Enforcement Board.
9. DISCUSSION
! 9 . 1 Discussion and possible action concerning Dania Fishing Pier and
Pier Restaurant.
10 . ADMINISTRATIVE, REPORTS
10 . 1 City Manager
10 . 2 City Attorney
11 . COMMISSION COMMENT
11. 1 Commissioner Cook i
11 . 2 Commissioner Hirsch
11. 3 Commissioner Mc Elyea
11. 4 Vice Mayor Byrd j
f 11. 5 Mayor Bertino !
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12. CITIZENS' COMMENTS - Comments by Dania citizens or interested
parties that are not a part of the regular agenda should be given in j 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 I
to address the City Commission during the meeting. "Emergencies may
be given to the Mayor, a City Commissioner or the City Manager prior 1w-
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
DANIA CITY COMMISSION
REGULAR MEETING
J7cG. •-N0V9MM* 17, 1985
8:00 P.M.
5. OCCUPATIONAL LICENSES
5. 1 Request by Mr. Willie J. Hill, 2100 Liberty Terrace, representing
the Mt. Pleasant AME Church, to hold a Carnival on February 5
through February 9 , 1986 , at the vacant lot just North of the
Westside Cemetery in Dania.
7. SPECIAL REQUEST
i7. 1 Request by Officer Vincent Marlin, to address the Commission
regarding Police Officer Detail at Dania Jai Alai .
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1
MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 17 , 1985
(
INVOCATION
PLEDGE OF ALLEGIANCE r
ROLL CALL:
Present -
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Mayor: John Bertino
Vice Mayor: Chester A. Byrd
Commissioners: Jean Cook
Howard Hirsch
Charles McElyea
Asst. City Attorney: Karl Adler
City Manager: Eugene Jewell
City Clerk : Wanda Mullikin
Acting Police Chief. : Tim Cates
Building Official : Paul Maxwell.
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1 . CONSENT AGENDA
Bills
1 . 1 Bills for the month of November, 1985.
Minutes "4
1 .2 November 26 , 1985 , Regular Meeting
Ordinances (First Reading)
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1 . 3 RZ-94-85 - A rezoning request (9 .9+ acres) to change from RM
(Multi-family) to C-2 (Commercial) ,• Petitioner/Owner: Michael
L. Thomas; property .located at 251 Bryan Rd.
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An ordinance rezoning the E 683 .19 ' of Tract 'A' , less the S
295 ' thereof_ , "Re-amended Plat of Hollywood Palms" , containing
13 .000+ acres, from RM to C-2 zoning classification was read
for first reading by Assistant City Attorney Adler.
1 .4 RZ-99-85 - A rezoning request (4 .7+ acres) to change from IG ; -
( Industrial General) to IRO ( Industrial Research Office) ;
Petitioner: Airport East Associates; Owner: Nick Pasquariello;
property located at 1800 Taylor Rd. Extension.
An ordinane rezoning a portion of the NW 1/4 of the SE 1/4 of
the NW 1/4 of 26-50S-42E , containing 4 .7309+ acres , from I-G to
IRO zoning classification was read for first reading by
Assistant City Attorney Adler.
1 .5 RZ-100-85 - A rezoning request (0 . 34 acres) to change from
RS-6000 (Single Family) to RM (Multi-family) ; Petitioner/Owner:
Barbara Jones; property located at 451 SW 12th Ave.
An ordinance rezoning Lots 1 & 2 , Block 9 , College Tract 2nd
Addition, from RS-6000 to RM zoning classification was read for
first reading by Assistant City Attorney Adler.
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1 .6 PL-96-85 - A plat approval request for "T.E.E. Plat" ,
containing 10 .5+ acres; Petitioner: M. E. Berry II; Owner:
Thomas E . Esposito, Trustee; property located at 701 N. Fed.
Hwy.
An ordinance approving the plat of "T.E.E. Plat" was read for
first reading by Assistant City Attorney Adler.
Regular Commission Meeting 1 December 17 , 1985
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A motion was made by Commissioner Hirsch , seconded by Vice Mayor
Byrd to approve the consent agenda. The motion passed on the
following roll call vote: h
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
* (At this time , agenda items 4 .2 , 4 . 3 and 4 .4 were addressed. ) E
** (At this time , addendum agenda item 7 . 1 was addressed. ) j
2 . PROCLAMATIONS - none
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3 . BIDS (8 :00 p.m. to 8 : 15 p.m. ) j
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3 . 1 Bids to be opened and read for the work contained in the
project "Water Treatment Plant - Painting of Lime Feed System" ;
Project #85-085 .
*** (Addressed at 8 : 15 , interrupting agenda item 7 .1 )
A motion was made by Commissioner Hirsch, seconded by
Commissioner Cook to close the receiving of bids . The motion
passed unanimously.
**** (Addressed after agenda item 7 .1 )
City Manager Jewell read the following sealed bids : i
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1 ) Sun Art Painting Corp. : base bid $6 ,018 . w/bid bond
4ti 2) C.E .M. Enterprises Inc.
d/b/a Sunshine Painting: base bid $16 ,100 . w/bid bond l
A motion was made by Commissioner Cook , seconded by Vice Mayor
Byrd to remand the bids to the City Manager for review and
recommendation at the next regular meeting of January 14 , 1986.
The motion passed unanimously.
4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS
BUILDING AND ZONING
4 .1 PETITIONER/OWNER: Jack Christy
A. PUBLIC HEARING (SE-93-85 ) A Special Exception request to
allow the construction of a warehouse in a C-3 zoning
district; property located at 205 NW 1st Ave.
Jack Christy stepped forward to explain the special exception
request . Building Official Maxwell reported that the
trafficways plan currently requires a 42 ' right-of-way through
the property, but that Broward County Traffic Engineering is
revisiting that and will probably revise the trafficways plan.
The P&Z Board recommended approval contingent upon approval of
the Traffic Study.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
During discussion , Vice Mayor Byrd suggested that action on the
request be delayed until completion of the traffic study.
A motion was made by Commissioner Hirsch, seconded by
fCommissioner Cook to grant the Special Exception (SE-93-85) to
Jack Christy, subject to and contingent upon approval of. the
Broward County Trafficways Division. The motion passed on the
following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-no
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-no
Regular Commission Meeting 2 December 17 , 1985
B . (SP-24-85 ) A site plan request to allow the construction
of a warehouse in a C-3 zoning district; property located I
at 205 NW 1st Ave .
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A motion was made by Commissioner Hirsch, seconded by
Commissioner Cook to grant site plan approval (SP-24-85) to I
Jack Christy subject to and contingent upon approval of the j
Broward County Trafficways Division. The motion passed on the
following roll call vote: `
Commissioner Cook-yes Vice Mayor Byrd-no I{�
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-no
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a * 4 .2 PETITIONER/OWNER: Michael L. Thomas
j A. PUBLIC HEARING (LUF-95-85) A request for a land use flex
change (9 .9+ acres) under the 5% Rule; property located at
251 Bryan Rd.
* 4 . 3 PETITIONER: Airport East Associates; OWNER: Nick Pasquariello
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A. PUBLIC HEARING (5E-97-85 ) A special exception request to
allow the construction of a hotel/restaurant facility; !
property located at 1800 Taylor Rd. Ext.
B. PUBLIC HEARING (LUF-98-85 ) A request for a Land Use Flex i
j change to assign 4.7+ acres of commercial flex acreage;
property located at T800 Taylor Rd . Ext. {
* 4 .4 PETITIONER/OWNER: Barbara Jones
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A. PUBLIC HEARING (VA-101-85 ) A variance request to allow the {
construction of a multi-family structure with (A) a 7 '
south side setback ( 15 ' required) ; (B) a 7 ' north side
yard setback (15 ' required) ; and (C) a 20 ' rear yard
setback ( 30 ' required) ; property located at 451 SW 12 Ave. {
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* (Addressed after consent agenda. ) ;
s„y Mayor Bertino announced that agenda items 4 .2 , 4.3 and 4 .4 should be
continued due to the fact that they are contingent upon the passage
of ordinances contained in tonight ' s consent agenda, the second and
final readings of which are scheduled for January 14 , 1986 .
A motion was made by Vice Mayor Byrd, seconded by Commissioner
Hirsch to continue items 4 .2 , 4 . 3 and 4 .4 until the next regular
Commission meeting of January 14 , 1986 , and to place them on that
agenda after the second and final readings of the related rezoning
ordinances . The motion passed unanimously.
4 .5 PETITIONER: A. J. Ryan, Jr. ; OWNER: Anne Gottlieb
A. PUBLIC HEARING (VA-102-85 ) A variance request to allow the
construction of a storage facility with (A) 16 parking
spaces (89 spaces required) ; and (B) all landscaping to be
located within the front yard setback area; property
located at 4080 Ravenswood Road.
M A.J . Ryan, representing the developer of the project , stepped
forward to explain the variance request regarding a mini
warehouse facility. The P&Z Board recommended approval
providing it is listed as dead storage and no small businesses
are allowed.
Mayor Bertino opened the public hearing . Hearing comments by I y .
Paul DiMaio and Bob Mikes, the Mayor closed the public hearing .
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Regular Commission Meeting 3 December 17 , 1985 _l
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A motion was made by Commissioner Hirsch, seconded by
Commissioner McElyea to grant the variance (VA-102-85A) to A.
J. Ryan, Jr./Anne Gottlieb, to allow 16 parking spaces , with
the provision that this land use shall remain mini-warehouse
dead storage only. The motion passed on the following roll }
call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes {
Commissioner McElyea-yes
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A motion was made by Commissioner Hirsch , seconded by I
Commissioner McElyea to grant the variance (VA-102-85B) to A.
J . Ryan, Jr./Anne Gottlieb, to allow all landscaping to be i
located within the front yard setback area , with the provision i
that this land use shall remain mini-warehouse dead storage )
only. The motion passed on the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
*****(At this time, agenda item 4 .10 was addressed . )
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4 .6 PETITIONER/OWNER: David Katz
A. PUBLIC HEARING (VA-103-85 ) A Variance request to allow the
construction of a hotel facility with (A) 601 parking
spaces (919 spaces required) ; (B) a maximum height of 100 '
(5 story max) subject to F.A.A. height regulations; and
(C) three 12 ' x 40 ' loading spaces in lieu of thirteen 12 '
x 25 ' loading spaces; property generally located at 200 ,r-
Griffin Rd. Ext.
Joel Gustafson, representing the developer, David Katz , stepped
forward to explain the variance request regarding the
construction of the Crown Plaza Hotel . The P&2 Board
recommended approval subject to F.A.A. height regulations.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing . ;(
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A motion was made by Commissioner Hirsch , seconded by Vice j
Mayor Byrd to grant the variance (VA-103-85A) to David Katz , to ' -
I allow 601 parking spaces . The motion passed on the following k
roll call vote: i
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
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Commissioner McElyea-yes
A motion was made by Commissioner Hirsch , seconded by Vice
Mayor Byrd to grant the variance (VA-103-85B) to David Katz , to
allow a maximum height of 100 ' ( 5 story) subject to F.A.A.
height regulations. The motion passed on the following roll
call vote:
' I
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
i Commissioner McElyea-yes
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A motion was made by Commissioner Hirsch, seconded by Vice
Mayor Byrd to grant the variance (VA-103-85C) to David Katz .
1 The motion passed on the following roll call vote: i
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Commissioner Cook-yes Vice Mayor Byrd-yes j
Commissioner Hirsch-yes Mayor Bertino-yes 1
Commissioner McElyea-yes j
Regular Commission Meeting 4 December 17 , 1985
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4 .7 PETITIONER/OWNER: Allan Rowe
A. PUBLIC HEARING (VA-104-85) A Variance request to allow the
construction of a single family dwelling in a Single
Family, RS-6000 zoning district with insufficient square
footage; 4500 square feet provided (minimum 6 ,000 square
feet required) ; property located at 1005 SW 12 Ave.
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Allan Rowe stepped forward to explain the variance request ,
stating that he wishes to tear down his current residence and I
rebuild. The P&Z Board recommended approval .
Mayor Bertino opened the public hearing. Hearing no one speak
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in favor or opposition, the Mayor closed the public hearing .
A motion was made by Commissioner Cook, seconded by
Commissioner Hirsch to grant the variance (VA-104-85 ) to Allan
Rowe. The motion passed on the following roll call vote:
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Commissioner Cook-yes Vice Mayor Byrd-yes ?
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes 3
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4 .8 and 4 .9 - none
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***** (Second and final reading of ordinance related to agenda item 4 .6) S
4 .10 PETITIONER: Joel Gustafson; OWNER: E. Clay Shaw, Jr. , Gayle f
Shaw Peters j
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A. PUBLIC HEARING (RZ-88-85 ) A rezoning request to change
from IG ( Industrial General ) to IRO ( Industrial Research
Office) ; property generally located approximately in the
1000 Block of Taylor Rd. (E/o U.S . 1 and N/o Griffin Rd.
Ext. )
An Ordinance rezoning the W 1/2 of the SE 1/4 of the SE 1/4 of
Section 27 , Township 50 South , Range 42 East from I-G to IRO
zoning classification was read for second and final reading by
Assistant City Attorney Adler.
.d,aF 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 Commissioner Cook, seconded by
Commissioner Hirsch to adopt the rezoning ordinance on second
and final reading . The motion passed on the following roll
call vote:
Commissioner Cook-yes Vice Mayor Byrd-out of room
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes j
ADMINISTRATIVE
f4 . 11 PUBLIC HEARING
An Ordinance annexing to the City of Dania lot 9 in block 1 of
West Dania Heights was read for second and final reading by
Ii Mayor Bertino.
City Manager Jewell explained that this property, owned by
Farmer, is located on the NW corner of Ravenswood Rd. and
Griffin Rd .
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
Cook to adopt the annexation ordinance on second and final
reading, and to accompany it with a letter to the property
owners welcoming them to the City of Dania. The motion passed
on the following roll call vote:
i fir;
Regular Commission Meeting 5 December 17 , 1985 f
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4
Y
l Y.
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
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ADDENDUM ITEM:
5 . OCCUPATIONAL LICENSES
5 . 1 Request by Mr. Willie J . Hill, 2100 Liberty Terrace,
representing the Mt. Pleasant AME Church, to hold a Carnival on
February 5 through February 9 , 1986 , at the vacant lot just
North of the Westside Cemetery in Dania.
Mr. Hill stepped forward to explain the occupational license
request. City Manager Jewell stated that Administration j
recommends approval subject to required proof of insurance. It
was noted that a portion of the lot belongs to Broward County
and that the request is for the 12th Ave. side which is Dania.
A motion was made by Commissioner Hirsch, seconded by Vice
Mayor Byrd to grant the occupational license to Mt. Pleasant
AME Church, contingent upon proof of proper insurance. The
motion passed on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
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6 . EXPENDITURE REQUESTS
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6. 1 Request by Police Department to purchase 3 Police Vehicles per
State Bid from Peacock Dodge, in the amount of $9 ,936 .85 each. ,._.
(State Contract #070-00-86-1 ; Spec. 2B)
City Manager Jewell explained that two of the vehicles are
budgeted from the General Fund and the third will be funded by
the Law Enforcement Trust Account. i
A motion was made by Commissioner Hirsch, seconded by Vice
Mayor Byrd to authorize the Police Department purchase. The
motion passed unanimously.
6 .2 Request by Fire Department to purchase 1 Command Vehicle per
State Bid from Peacock Dodge, in the amount of $9 ,936 .85 .
(State Contract #070-00-86-1 ; Spec. 2B)
City Manager Jewell explained that this vehicle is budgeted
from the General Fund.
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to authorize the Fire Department purchase .
The motion passed unanimously.
ADDENDUM ITEM:
7 . SPECIAL REQUEST
** 7 .1 Request by officer Vincent Marlin, to address the Commission
regarding Police Officer Detail at Dania Jai Alai .
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Officer Vincent Marlin stepped forward to report Dania Jai
Alai' s plans to cut detail manpower from four to 3 off-duty
police personnel effective January 3rd. He said this cutting
practice over the past eight years has reduced the detail
personnel from seven to now three, and expressed the opinion
that this is a serious undermanning which jeapardizes the
9 safety of officers working the detail as well as the citizens
of Dania and Jai Alai patrons . He appealed to the City 1
Commission to draft an ordinance stipulating off-duty manpower
levels to businesses or events that serve large crowds.
*** (At this time, (8 : 15 ) , closing time for receipt of bids for agenda
item 3 .1 was addressed. )
Regular Commission Meeting 6 December 17 , 1985
�I
Clarke Walden, Attorney representing the corporation which owns
and operates the Dania Jai Alai Fronton, after establishing the
fact that Officer Marlin was speaking as a representative of
the P.B.A. and not for the Dania Chief of Police, argued
against the Commission' s right to consider such an ordinance.
City Manager Jewell reported that an informal meeting was held j
in his office attended by Acting Police Chief Cates , several
Dania Police staff members , John Knox, General Mgr. of Dania
Jai Alai, and the Fronton Security Director, and that , though
compromises were made , apparently the P.B.A. membership was not
satisfied with the results of that meeting. Clarke Walden, on
behalf of his client, withdrew from any informal discussions
and understandings that had transpired , and offered to attend a
formal meeting between the Dania Chief of Police and the
Fronton Security Director.
A motion was made by Commissioner Cook, seconded by
Commissioner Hirsch, to direct the City Manager and Chief of
Police to meet with Clarke Walden to resolve the problem as
soon as possible. The motion passed unanimously.
**** (At this time, agenda item 3 . 1 was addressed. )
8 . APPOINTMENTS
8 .1 Recommendations by Commission for the following Boards:
Unsafe Structures - 3 appointments; Code Enforcement Board - 2
appointments; Housing Authority - 2 appointments . (See w-
volunteer list) .
A motion was made by Commissioner Cook, seconded by
Commissioner McElyea to continue this item until the next
Regular Commission Meeting of January 14 , 1986 , at which time
the Commissioners will submit their recommendations, and to
allow the board members currently serving to continue to serve
y, until that Regular Meeting . The motion passed unanimously.
s.aM 1
8 .2 Discussion and possible action concerning status of John
Vollmann as member of Police and Firefighter Pension Board,
Unsafe Structures Board and Code Enforcement Board .
Mayor Bertino announced that John Vollmann, on the advice of
his attorney, has elected not to comment on the issue at this
time.
A motion was made by Commissioner Hirsch that the Commission ,
until such time as indicated by the State Attorney' s Office or
the Attorney General , suspend John Vollmann from all boards.
The motion was seconded by Commissioner Cook for purposes of
discussion.
Assistant City Attorney Adler advised that immediate suspension
would be premature on the City' s part, and suggested that the
matter he deferred , pending fact-finding at the State level.
At that point , Commissioner Cook withdrew her second to the
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motion .
Vice Mayor Byrd then seconded the motion for purposes of
discussion and asked City Manager Jewell to comment. City
Manager Jewell reported that the State Attorney' s Office is
currently investigating Mr. Vollmann' s activities. He said j
that the past practice of the City of Dania has not been to i
suspend anyone under investigation. Once indicted and charged,
the policy has been to suspend pending the outcome of the case.
Vice Mayor Byrd then withdrew his second to the motion.
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The motion died for lack of a second.
Regular Commission Meeting 7 December 17, 1985
9 . DISCUSSION
9 .1 Discussion and possible action concerning Dania Fishing Pier
and Pier Restaurant .
i
City Manager Jewell answered news media allegations pertaining
to withholding audit report information from the Commission,
stating that the draft was only received after hours the night
before. Vice Mayor Byrd expressed support of City Manager
Jewell, dismissing the newspaper article,
1
Commissioner Hirsch asked City Manager Jewell how much money
was being lost at the Pier and why was the City operating it .
He recommended that the City get out of the restaurant and pier
business and lease the operation instead. City Manager Jewell
said the City was not losing money at the Pier and discussion
of the pros and cons of operating the Pier ensued.
A motion was made by Commissioner Cook , seconded by
Commissioner Hirsch to schedule a workshop for January 13 ,
1986 , at 7 : 30 p.m. for discussion of the pier figures contained
in the final auditor' s report and consideration of whether or
not to continue City operation of the Pier and to place the
item on the following regular meeting agenda for action. The
motion passed unanimously.
Commissioner Hirsch commented that he considers the
Commissioners to be in "management" and expressed the opinion
that the auditors , Peat Marwick & Mitchell, when submitting a
report to the City Manager marked "solely for management" ,
should have submitted copies to the Commissioners as well . ry,
10 . ADMINISTRATIVE REPORTS
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10 .1 City Manager Jewell asked the Commissioners to schedule Police
Chief applicant interviews.
i
It was generally agreed that a Workshop be scheduled for
Friday, January 3 , 1986 , for Police Chief applicant interviews
to be conducted hourly beginning at 9 :00 a.m. , followed by a
Special Meeting at 2 :00 p.m. ( approx . ) for action on the
selection of a Police Chief .
City Manager Jewell , in response to Commission direction at the
November 12th regular meeting, reported that an agreement has
been formulated between the City of Dania and Paul Piccirillo
regarding the rock pit excavation permit. Assistant City
Attorney Karl Adler outlined the terms of the agreement,
including provisions recommended by the City Engineer for the
posting of a $20 ,000 bond to guaranty if SW 12th Ave. is torn
up; provisions for the necessary licenses to be obtained; and
provisions for the posting of a bond for 1-1/2 times the value
of the fill to be removed.
A question arose regarding the bond previously posted years ago
and City Manager Jewell was asked to trace it.
During discussion of the proposed contract , it was noted that
Mr. Piccirillo' s original proposal provided for the hole to be
refilled and that he had verbally agreed to sell the fill to
citizens of. Dania .
A motion was made by Commissioner Hirsch , seconded by
Commissioner Cook to amend the agreement to state that the hole
must be filled within four (4 ) years and to grant the option to
appear before the Commission at the expiration of four (4 )
years to request a time extension , and to authorize the
execution of the agreement between the City of Dania and Paul
Piccirillo as amended. The motion passed unanimously.
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Regular Commission Meeting 8 December 17 , 1985
10 .2 City Attorney Adler, absent due to ill health, was wished a
speedy recovery.
11 . COMMISSION COMMENT - all extended holiday greetings .
11 .1 Commissioner Cook - no comment.
11 .2 Commissioner Hirsch - no comment .
11 .3 Commissioner McElyea - no comment.
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11 .4 Vice Mayor Byrd - no comment.
11 .5 Mayor Bertino - no comment .
12 . CITIZENS ' COMMENTS
No verbal or written requests for citizens' comments for this
night' s meeting were received.
This Regular Commission Meeting was then adjourned. /
-- jCOM IS IONER
4CIC4FRKZ-A1JDIT0R
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Regular Commission Meeting 9 December 17 , 1985