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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 13, 1988
INVOCATION - WANDA MULLIKIN
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PLEDGE OF ALLEGIANCE
ROLL CALL :
Present -
Mayor : Charles McElyea
Vice Mayor : Jean Cook
Commissioners : John Bertino
Howard Hirsch
Anthony Stevens
City Attorney : Frank Adler
City Manager : Robert Flatley
City Clerk : Wanda Mullikin
Police Chief: Gilbert Thivener
PRESENTATIONS - none
I. CONSENT AGENDA
Minutes
1 . 1 August 9, 1988 , regular meeting
1 . 2 August 15, 1988 , special meeting
Resolutions
1 . 3 The title of a Resolution requesting the National Historical
Publications and Records Commission to include the City of
Dania's application among those requesting financial assistance
from the Federal Government 's Records Grant Program for the 1989
program year was read by City Attorney Adler.
Ordinances (First Reading)
1. 4 The title of an ordinance repealing Sec . 11-4 & 11-5 of Article
I; repealing all of Article II entitled "Volunteer Department";
renumbering Sec. 11-6 of Article I of Chapter 11 to Sec . 11-54
entitled "Fire Prevention" ; renumbering Sec . 11-41 , 11-42,
11-43 , 11-44 , 11-45 , 11-46 and 11-47 of Article IV of Chapter 11
to Sections 11-47, 11-48, 11-49, 11-50, 11-51 , 11-52 and 11-53
respectively; amending Sec . 11-34 , 11-35 , 11-36, 11-37, 11-38,
11-39 , 11-40, 11-41 , 11-42, 11-43 , 11-44 , 11-45 and 11-46 of
Article III, Chapter 11 , of the Code of Ordinances to provide
for City of Dania Fire Prevention Code; to provide for the
adoption of N. F. P. A. Codes as contained in the South Florida
Building Code; to establish a Bureau of Fire Prevention; to
establish a fee schedule for permits, certificates,
re-inspections and tests performed under the requirements of
this code; and providing for penalties was read for first
reading by City Attorney Adler.
1.5 The title of an ordinance adopting the annual Sewer Fund Budget
and making appropriations for the fiscal year beginning October
1 , 1988, and ending September 30, 1989, for the maintenance and
carrying on of the Sewer Department of the City of Dania was i
read for first reading by City Attorney Adler. E
1. 6 The title of an ordinance adopting the annual Water Fund Budget j
and making appropriations for the fiscal year beginning October j
1 , 1988 , and ending September 30, 1989, for the maintenance and
carrying on of the Water Department of the City of Dania was j
read for first reading by City Attorney Adler. I 1
1. 7 The title of an ordinance approving the plat of "Lapointe Plaza" 1
was read for first reading by City Attorney Adler.
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Regular Commission Meeting 1 September 13 , 1988
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1 .8 The title of an ordinance amending Sec . 13-69 (a) and (b ) of
Article IV of Chapter 13 of the 1980 Code of Ordinances to
j provide for an increase in the monthly charge for garbage and
trash pickups for residential units from $9.00 to $10 . 50 and for
small business units from $12. 50 to $14 . 00 was read for first
reading by City Attorney Adler.
1.9 The title of an ordinance amending Subsections (c ) , (d) and ( e)
of Section 1 , Article 4 of Part XII of the City Charter to
increase the term of leases as set forth in said subsections
from thirty (30) years to seventy-five ( 75 ) years and to include
"hotels" in the examples of the type of leasehold improvements
set forth in said subsection (c ) was read for first reading by
City Attorney Adler.
1 . 10 The title of an ordinance approving the plat of "The Rita W.
Shaw Plat" was read for first reading by City Attorney Adler.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Stevens to approve the consent agenda. The motion passed on the
following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
2. PROCLAMATIONS - none
3 . BIDS - none
4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS
Building and Zoning (second and final reading)
4. 1 Petitioner: John Ligotti ; Owner: Louis & Dorothy Laurich;
property located on the east side in the 700 block of SE Fifth
Avenue, across from Townhouse East .
A) PUBLIC HEARING -
RZ-21-88 - rezoning ordinance ( second & final reading)
The title of an ordinance rezoning all of "Amended Plat
Hollywood Beach Park No. 2" from existing zoning to RM-2 zoning
classification ( 700 block of SE 5 Ave. ; east side of SE 5 Ave.
and east of Townhouse East ) was read for second and final
reading by City Attorney Adler.
Bruce Gottlieb, Attorney for the petitioner, stepped forward to
request rezoning from the present single-family zoning to RM-2
zoning consistent with the neighborhood. The P&Z Board
recommended approval. City Attorney Adler reported Staff's
comments : a) This rezoning will not become effective until
I approval of the previously submitted Land Use Plan Amendment,
currently under review by the State of Florida; and b )
Petitioner is required to submit a site plan for final approval
prior to issuance of a building permit.
Mayor McElyea opened the public hearing. Growth Management
Director Leeds responded to questions raised by Bob Mikes
regarding State permits . Hugo Renda commented in opposition to
increasing density on the east side of SE Fifth Avenue based on
environmental considerations. Responding to a question by
Vivian Warman, Mr. Gottlieb said they plan to build low-rise
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condominiums and that the site plan is in conformity with the
Army Corps of Engineers ' restrictions. Hearing additional
! public comment on drainage problems, the Mayor then closed the
public hearing.
A motion was made by Commissioner BertinoI seconded by
Commissioner Hirsch to DENY the rezoning request (RZ-21-88) . 4
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jj Regular Commission Meeting 2 September 13 , 1988
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After discussion concerning the land to the north of the site,
the motion to DENY passed on the following roll call vote:
j Commissioner Bertino-yes Vice Mayor Cook-no
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
B) PUBLIC HEARING -
VC-22-88 - adoption of resolution vacating street right-of-way.
The request for adoption of the resolution vacating street
j right-of-way (VC-22-88) was withdrawn by the petitioner.
4 .2 Petitioner: Gibbs Land Surveyors , Inc . ; Owner: Merrill Cohen;
property located on the north side of Dania Beach Blvd. , south
of Tigertail Blvd. and west of Bryan Rd.
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PUBLIC HEARING -
PL-50-88 - plat approval ordinance (second & final reading)
The title of an ordinance approving the plat of "M. I.M.E. Inc.
Plat" (SW corner of Bryan Road and Tigertail Blvd. ) was read for
second and final reading by City Attorney Adler.
Bruce Meade, Land Surveyor, stepped forward to report the minor
drafting correction made with regard to the location sketch, i
related County concerns for the improvement of Bryan Road,
acknowledged per Growth Management Director Leeds that the City
y will require improvement bonds for Tigertail and Dania Beach.
He said the access easement shown on the plat will be changed �_..
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due to the fact that the County will not allow access out onto
Bryan Road, so the access easement will probably front on
Tigertail and Dania Beach both instead.
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Growth Management Director Leeds recommended approval subject to
the petitioner either completing the required improvements or
posting a surety bond for those improvements prior to final plat
signature and said the improvements will probably include paving
Dania Beach Blvd. (one-half the cost ) , any sidewalks adjacent to
s - any public street, any water, sewer and other engineering
related improvements (some along Bryan Rd. may be bonded out
through Broward County) .
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Mayor McElyea 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 Stevens to adopt the ordinance (PL-50-88) on second
and final reading, subject to completion of required
improvements or posting surety bond for improvements prior to
final plat signature. The motion passed on the following roll
call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
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4 .3 Petitioner: Itzak Dickstein; Owner: Dania Oyster Ltd . ; property
located at 768 East Dania Beach Blvd.
A) PUBLIC HEARING -
ZT-02-88 - ordinance (second & final reading) f
and
B) PUBLIC HEARING -
I SE-55-88 - special exception request to permit a fireworks sales
and storage facility in a C-2 zoning district.
Regular Commission Meeting 3 September 13 , 1988
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The title of an ordinance amending Section 4.20 Article 4 , of
Chapter 28 of the Code of Ordinances to provide for the sale of
fireworks as a Special Exception Use in C-2 zoning
classification was read for second and final reading by City
Attorney Adler.
A.J. Ryan, Attorney, stepped forward to represent the petitioner
who presently owns and operates the mail order and wholesale and
retail fireworks operation on Stirling Road . Mr. Ryan explained
the request to amend the zoning code text to permit the sale of
Class C fireworks under limited criteria as a special exception
use in a C-2 district , coupled with item 4. 3 B) , which requests
i the special exception permit for the property formerly known as
j the New England Oyster House.
Fire Chief Grammer commented that the proposed site is a better
location in terms of safety than the petitioner's present
Stirling Road site and reported that the empty building can be
made to comply with all the new fire code standards before the
C.O. is issued.
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Mayor McElyea opened the public hearing. Gloria Daly, Bob
Mikes , Peggy Breeschoten, Kurt Ely and Dorothy Pfeiffer spoke in
opposition to permitting the fireworks warehouse, expressing
concerns about fireworks hazards and the appearance of Dania
Beach Blvd . In response, Mr. Dickstein said he only sells State
D. O.T. and Consumer Products Safety Commission approved Class C
fireworks that only burn and does not sell Class B fireworks
I that explode. Mr. Ryan responded to concerns about upgrading
Dania Beach Blvd. by pointing out that the property has been
+ used for industrial-type commerce for many years, has been
abandoned for the past two years and is the least attractive
site on Dania Beach Boulevard right now. The Mayor then closed
the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Stevens to adopt the ordinance (ZT-02-88 ) on second
and final reading. Vice Mayor Cook announced she is abstaining
because of her involvement as one of the brokers. The motion
passed on the following roll call vote :
Commissioner Bertino-yes Vice Mayor Cook-abstain
Commissioner Hirsch-yes Mayor McElyea-no
Commissioner Stevens-yes
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After Commission discussion of safety and landscape
beautification concerns, Mayor McElyea opened the public hearing
on item 4 . 3 B) . Hearing comments in opposition by Gloria Daly,
Kurt Ely and Lew Gusdorff, and hearing Bob Mikes suggest that
the special exception permit, if granted , be limited so it can
be reviewed periodically, the Mayon closed the public hearing.
I A motion was made by Commissioner Bertino, seconded by
Commissioner Stevens to grant the special exception (SE-55-88 ) ,
with the stipulation that additional landscaping to meet the
satisfaction of the Commission shall be put in on the property
and that it shall be revisited every three years to make sure
that it is being run properly. The motion passed on the
{ following roll call vote :
Commissioner Bertino-yes Vice Mayor Cook-abstain
Commissioner Hirsch-yes Mayor McElyea-no i
Commissioner Stevens-yes
4. 4 Petitioner: McLaughlin Engineering Co. ; Owner: Stephens
I Distributing Co. ; property located at the SE corner of
Ravenswood Rd . & Tigertail Blvd .
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Regular Commission Meeting 4 September 13 , 1988
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MtwM-nf__ a .. .... ... _.._.. ......
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A) PUBLIC HEARING -
PL-49-88 - plat approval ordinance (second & final reading)
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The title of an ordinance approving the plat of "Budlight Plat"
(SE corner of Ravenswood and Tigertail Blvd. ) was read for
second and final reading by City Attorney Adler.
Bob McLaughlin stepped forward on behalf of the applicant to
explain the perimeter plat approval request per land use plan
and City requirements. He said the site plan is for a warehouse
and parking addition to the Stephens Distribution facility.
Growth Management Director Leeds advised the applicant, for
informational purposes , that if any local improvements are
j applicable per review, the applicant will be required to post a
bond or make the improvements prior to final plat signature.
Mayor McElyea opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing. i
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A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to adopt the ordinance (PL-49-88 ) on second and final
reading. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
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B) SP-68-88 - site plan approval request for a warehouse addition.
(185 Ravenswood Rd. )
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Mayor McElyea opened a public hearing. Hearing no one speak in ,r
favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Stevens , seconded by
Commissioner Bertino to grant site plan approval (SP-68-88 ) .
i The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
4. 5 Petitioner/Owner: Steinfeldt Thompson Co. , Inc. ; property
located at 800 Old Griffin Rd.
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A.J. Ryan, Jr. , representing the petitioner, stepped forward to
describe the proposal to convert the old canning plant property
to a marine accessory facility. He said the new owner, J. P.
Downs, intends to relocate his anti-submarine facility, mostly
i doing classified electronics work, to a portion of the building
2 and a portion of the building would be used for the manufacture
of sails for boats and another would be a smaller electronic
operation. Mr. Ryan pointed out that all work done, primarily
light fabrication and assembly, would be done within the
{1, building.
i Mr. Ryan explained the requests for rezoning (RZ-56-88 , agenda
item 4. 5 B) of the duplex zoned property to C-4 to be in j
conformance with the land use plan which is commercial; a Code
text change (ZT-03-88 , agenda item 4 . 5 A) to provide for
i assembly and light fabrication as a special exception use in
j C-4; the related special exception request ( 5E-57-88, agenda
item 4.5 C) ; the parking variance (VA-58-88, agenda item 4 .5 D)
to allow 46 parking spaces and back-out parking onto NW 8 and 9
i Avenues; vacation (VC-59-88, agenda item 4. 5 E) of NW 9th
Avenue; and site plan (SP-60-88, agenda item 4. 5 F) approval. ,
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The P&Z Board recommended approval of ZT-03-88; approval of
i RZ-56-88; approval of 5E-57-88 subject to approval of text
amendment by ordinance; approval of VA-58-88 subject to deletion
Regular Commission Meeting 5 September 13, 1988
of two parking spaces adjacent to Griffin Road ; approval of
VC-59-88 subject to the paving of NW 3 Place; and approval of
SP-60-88. Regarding the site plan, Mr. Ryan noted that the
wooden dock in the NW corner of the property is shown as 8 feet
and, in fact , should only be 5 feet.
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In response to Mayor McElyea's objection to vacating NW 9th
Avenue, Mr. Ryan said the vacation of NW 9th Avenue is not an
essential part of the development, but if the vacation request
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is denied , then the variance on the back-out parking is needed .
Responding to Commission concerns , Jack Downs described the work
to be done inside the facility as involving nothing nuclear and
generating no appreciable noise; said the dock would probably be
used for transporting large items by barge; and stated no
objection to the Commission putting a decibel reading limit for
I noise in the special exception. Growth Management Director
Leeds suggested making it a condition that the petitioner would
have to demonstrate to the City, if the need arose, that he is
complying with the decibel limit. Regarding landscape, Keith
McNair, Architect, said they plan to beautify the 90 ' loading
dock area and will incorporate the landscape design into the
property on the north side of Griffin Road.
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A) PUBLIC HEARING -
ZT-03-88 - ordinance (second & final reading)
The title of an ordinance amending Section 4 . 20, Article 4 , of
Chapter 28 of the Code of Ordinances to provide for assembly and
light fabrication of materials as a Special Exception Use in C-4
zoning classification was read for second and final reading by
City Attorney Adler. w
Mayor McElyea opened the public hearing. Leta Scanlon expressed
concerns about the dock and liability for its related
activities. Bob Mikes commented on the need to improve the
j notice arrangements and notify area residents in advance of the
P&Z Board hearings and expressed his opinion that it sounds like
heavy fabrication rather than light fabrication in the
residential area. Mr. Downs responded to Mr. Mikes ' remarks by
stating that he does systems work, not hull work, does not do
., any sand-blasting, uses no diesel power packs for testing, does
no painting and assembles pre-manufactured components. Growth
Management Director Leeds reported that it sounds like the usage
is consistent with the zoning, based on what the petitioner
says, but suggested that the use controls could be put on the
special exception. Hearing more comments on the dock and its
usage from several citizens in the audience, the Mayor closed
the public hearing.
A motion was made by Commissioner Hirsch, seconded by Vice Mayor
Cook to adopt the ordinance (ZT-03-88 ) on second and final
t
reading. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
1 B) PUBLIC HEARING -
RZ-56-88 - rezoning ordinance (second & final reading)
The title of an ordinance rezoning All of Block 3 and the West
46 ' of Block 4 of Dania Manor from existing zoning to C-4 zoning
classification (SW corner of Old Griffin Road and NW 8 Ave. ;
cannery building site) was read for second and final reading by
City Attorney Adler.
Mr. Ryan reported that this property is presently zoned RD 6000 `
JJJj and C-3 and this request is to rezone to C-4 which will be in
conformance with the land use plan. J
Regular Commission Meeting 6 September 13 , 1988
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fMayor McElyea opened the public hearing. Hearin
g one speak
in favor or opposition, the Mayor closed the publicohearing.
A motion was made by Commissioner Hirsch, seconded by
Commissioner Stevens to adopt the rezoning ordinance (RZ-56-88 )
on second and final reading. The motion passed on the following
roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
C) PUBLIC HEARING -
SE-57-88 - special exception request to allow an assembly and
light fabrication facility in a C-4 zoning district.
Mayor McElyea opened the public hearing. During discussion of
increased landscape possibilities, Growth Management Director
Leeds suggested a low hedge, about 2 ' high, to run adjacent to
all parking areas and also suggested that trees be spaced from
25 ' to 40 ' apart along Griffin Road . The Mayor then closed the
public hearing.
A motion was made by Commissioner Bertino, seconded by Vice
Mayor Cook to grant the special exception ( SE-57-88 ) , with the
Provisions that additional landscaping will be added to meet the
satisfaction of Growth Management Director Leeds, that no
external manufacturing, fabrication or installation shall be
done on the premises, that a decibel reading at property line to
be set by Mr. Leeds after expert consultation to protect
surrounding areas against obnoxious noise shall be inserted, and
M that daylight operation shall be the only time work is done
there.
During discussion of the motion, the suggestion made by Bob
Mikes that Mr. Leeds invite citizen involvement in the
landscaping development was acceptable to the petitioner as well
as the Commission. Commissioner Stevens asked that this special
exception be for a two year period and renewable. The motion
then passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
D) PUBLIC HEARING -
VA-58-88 - variance requests to allow construction of an
assembly and light fabrication facility with :
1 ) 46 parking spaces (54 required)
2 ) back-out parking onto NW 8 & 9 Ave. (back-out parking onto
public streets is prohibited) ,
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At this time Mr. Ryan announced the withdrawal of the request to
vacate the 9 Avenue street right-of-way (agenda item 4. 5 E) ,
Mayor McElyea opened the public hearing. Mayor McElyea's
suggestion regarding parallel parking on the east side of NW 9
Avenue and NW 8 Ave, was discussed. Mr. Ryan determined that
this would result in only 44 parking spaces. Mayor McElyea then
suggested that 2 more parking spaces could be gained by �
utilizing the property where the existing office is. Hearing no
one speak in favor or opposition, the Mayor closed the public j hearing.
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A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to grant a variance (VA-58-88) permitting 46 parking
spaces and parallel parking on the east side of NW 9 Avenue and
NW 8 Avenue. The motion passed on the following roll call vote : III
Regular Commission Meeting 7 f
September 13 , 1988
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
E) PUBLIC HEARING -
VC-59-88 - adoption of resolution vacating street right-of-way.
* This item was withdrawn by the petitioner.
F) sP-6o-88 - site plan approval request for a light fabrication
and assembly facility.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hirsch to grant site plan approval (SP-60-88)
excluding the dock. Mayor McElyea and Vice Mayor Cook disagreed
with the exclusion of the dock, commenting on the need to clean
up and improve the canal area. Commissioner Hirsch withdrew his
second and the motion died.
A motion was then made by Commissioner Hirsch, seconded by Vice
Mayor Cook to approve the site plan (SP-60-88) with the dock,
with proper landscaping and fencing and with the stipulation
that no barges will remain overnight. The motion passed on the
following roll call vote:
Commissioner Bertino-no Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
5. SITE PLAN REQUESTS - none
" !. 6. EXPENDITURE REQUESTS
6. 1 Adoption of resolution approving the service agreement with
Eugene H. Jewell.
City Manager Flatley thanked former City Manager Jewell for
making the transition in his first few weeks of his tenure as
smooth as possible. Requesting that Mr. Jewell ' s time and effort
during those weeks from the 18th to the 24th of August - about
ten hours - be compensated, and wishing to be able to call on
Mr. Jewell again in the future, City Manager Flatley presented a
service agreement for approval. He said the contract provides
for payment in the amount of $40. 00 per hour for services
performed on an as needed basis.
A motion was made by Commissioner Bertino, seconded by '
Commissioner Stevens to adopt a resolution approving the service
agreement with Eugene H. Jewell. The motion passed on the
following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
6.2 Adoption of resolution approving the U. S. 1 landscaping
agreement with Broward County.
City Manager Flatley acknowledged the presence of Mike Conry, of
the County' s Maintenance Division, Aviation Department in the
audience and the display of US-1 landscape maintenance maps.
City Manager Flatley reported that some Commission concerns
expressed at the May 24th and June 14th meetings had been
addressed and the revised contract has now been passed by the
cities of Ft. Lauderdale, Hollywood , the Port Everglades
Authority and Broward County.
City Manager Flatley said the multi-million dollar landscaping
project will be paid for through Federal Interstate
Rehabilitation funds and noted that 90% of the project falls
f within the city limits of Dania.
i Regular Commission Meeting 8 September 13 , 1988
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Pointing out that Dania's apportioned 20% share for funding the
maintenance of the landscaping is less than that of Ft.
Lauderdale or Broward County, that the first $40,000 annual
payment from gas tax revenues would not be expected to commence j
until late 1989 or early 1990, that it is subject to annual
appropriation by the City, and that the contractor will supply
the City with a hold harmless additional insured agreement, City
Manager Flatley recommended approval of the agreement.
A motion was made by Commissioner Hirsch to deny the request. A
motion to table the request (which took precedent over the
motion to deny) was then made by Commissioner Bertino and
seconded by Vice Mayor Cook. The motion to TABLE passed on the
i following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
6.3 Adoption of resolution amending Seacoast Sanitation contract.
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City Manager Flatley described the proposed amendment to the
Seacoast Sanitation contract, justified by increased unit and
per tonnage tipping fees, increasing the contract amount to
$3 ,468 per month, effective October 1 , 1988.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Bertino to adopt the resolution amending the Seacoast Sanitation
contract . The motion passed on the following roll call vote:
_ Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes �-•
Commissioner Stevens-yes
6.4 Adoption of resolution approving the Large User Water Agreement
with Broward County.
City Manager Flatley presented the agreement with Broward County
regarding water service and providing for the water interconnect
with Broward County Utilities as discussed by the Commission at
its June 21st workshop. City Attorney Adler described the terms
_..oJ of the agreement and recommended approval.
A motion was made by Commissioner Hirsch, seconded by
Commissioner Stevens to adopt the resolution approving the Large
User Water Agreement with Broward County. The motion passed on
the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
** ADDENDUM ITEM: (Addressed after agenda item 7. 2)
6. 5 Recommendation by Code Enforcement Board to hire Alex Domb as
Board Attorney for $50 per hour. Appearance: Jack Bradley
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Jack Bradley requested replacement of the Code Enforcement
Board 's Attorney who has resigned.
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City Manager Flatley recommended , for budgetary reasons, that
City Attorney Adler counsel and work with the Code Enforcement
Board within the salary being paid him as full-time City
Attorney, and that Alex Domb be employed as Prosecutor for the
Board.
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A motion was made by Vice Mayor Cook, seconded by Commissioner f
Hirsch to hire Alex Domb as Prosecutor for the Code Enforcement
Board at $50 per hour. Mr. Domb expressed the willingness of
Bond and Domb to accept the role of Prosecutor instead of Board
Regular Commission Meeting 9 September 13 , 1988
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Attorney. The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
! Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
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7• SPECIAL REQUESTS
7. 1 Request by Chief Thivener to declare all Dania police badges
surplus once the B. S. O. contract takes effect.
Chief Thivener requested the Commission to declare the badges
surplus , explaining that they will not be needed after October
1 , 1988 , and that he would like to present them to the police
officers as a memento.
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A motion was made by Commissioner Bertino, seconded by
Commissioner Stevens to approve the request. Hearing Mayor
McElyea and Commissioner Hirsch express desires to keep the
official badges, Commissioner Stevens withdrew his second and
the motion died.
j A motion was then made by Commissioner Hirsch, seconded by Vice
Mayor Cook to DENY the request to declare all Dania police
badges surplus . The motion to deny passed on the following roll
call vote:
Commissioner Bertino-no Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
_ 7.2 Request by Chief Thivener to allow all police officers to keep
�-, the surplus badges as a memento of the City of Dania Police
Department.
Having already denied the request to declare police badges
surplus , a motion was made by Commissioner Hirsch, seconded by
' Vice Mayor Cook to DENY the request to allow police officers to
keep surplus badges. The motion to deny passed on the following
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roll call vote:
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I Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
s.oJ' Commissioner Stevens-yes
** ( At this time, addendum item 6. 5 was addressed. )
8. APPOINTMENTS
8. 1 Designation of voting delegate for Florida League of Cities 62nd
Annual Convention.
A motion was made by Vice Mayor Cook, seconded by Commissioner
Hirsch to designate Commissioner John Bertino as voting delegate
for the Florida League of Cities. The motion passed on the
following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-yes
Commissioner Hirsch-yes Mayor McElyea-yes
Commissioner Stevens-yes
9. DISCUSSION
9 . 1 Discussion regarding transfer of city assets to B. S.O.
City Manager Flatley explained that per the B. S. O. contract ,
certain assets of the city will be turned over to B. S.O. and if,
in years to come, the police department returns to the City of j
j Dania, those assets would be returned in like condition. He
i recommended approval of the transfer of eleven cars, listed and
described in a letter which will be formalized in a letter of
understanding and appended to the contract.
Regular Commission Meeting 10 September 13 , 1988
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A motion was made by Commissioner Bertino to approve the
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transfer of the vehicles to B. S. O. and to authorize execution by
appropriate city officials of all necessary documents in
connection with the transfer. The motion was seconded by
Commissioner Stevens for discussion. Commissioner Stevens asked
if it wouldn't be better to ,just receive payment for the cars.
City Manager Flatley said those terms were part of the
negotiated contract settlement. After discussion, the motion
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passed on the following roll call vote:
Commissioner Bertino-yes Vice Mayor Cook-no
Commissioner Hirsch-no Mayor McElyea-yes
Commissioner Stevens-yes
At this time, City Manager Flatley introduced Captain Ralph
Hernandez, the District Commander.
10. CITIZENS' COMMENTS
10. 1 Request by Vincent Carroll of 202 SE 3 Place to address the
Commission regarding the requested heliport at Seafair.
Vincent Carroll reported with regard to the helicopter landing
pad proposed at Seafair parking lot, that the public hearing
will be held on October 12, 1988 , at 9 :00 a.m. at the
Governmental Center, 115 S. Andrews Ave. in Fort Lauderdale. He
urged public attendance at the hearing to show objection to the
issuance of the permit.
In response to Mr. Carroll ' s comment that the City has not gone
on record as to its standing on the matter, City Manager Flatley
presented Mr. Carroll with a copy of the August 9 , 1988, Regular
Commission Meeting minutes wherein a motion passed unanimously
that the stance of the City of Dania would be in opposition to
the helipad. Mr. Carroll expressed his appreciation and was "
pleased to hear that the City Attorney and City Manager would
attend the public hearing to express opposition.
11. ADMINISTRATIVE REPORTS
11. 1 City Manager Flatley
11 . 1. 1 Airport Status Report
:d,RF City Manager Flatley reminded the Commission that when
this was addressed on June 28th, Gene Jewell, then City
Manager, mentioned that Phase I of the report had been
completed and that there would be a decision in the
future about Phase II.
Regarding the letter from Earl Gallop with reference to
beginning Phase II, City Manager Flatley, having met
with Growth Management Director Larry Leeds ,
recommended that the retainer agreement be put on hold
until such time as Mr. Gallop' s professional expertise
and assistance might be needed. For budgetary reasons ,
CityManager Flatley suggested
g y that he and Mr. Leeds ,
both experienced in DRI matters, enter the study at this
time.
A motion was made by Commissioner Bertino, seconded by !
Commissioner Stevens to authorize City Manager Flatley
and Growth Management Director Larry Leeds to proceed
with Phase II of the airport impact study. The motion
passed on the following roll call vote:
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I Commissioner Bertino-yes Vice Mayor Cook-yes ?
I Commissioner Hirsch-yes Mayor McElyea-yes }
Commissioner Stevens-yes
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Regular Commission Meeting 11 September 13, 1988 j
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11. 1 .2 Report on Dania Beach Blvd. multi-purpose path
City Manager Flatley reported that bicyclists going to
and from Dania Beach will soon be able to utilize 41
paved shoulders which will be constructed by the State
D.O.T. at no cost to the City.
11. 2 City Attorney Adler reported on ordinances, including the boat
docks and waterways ordinance, that he will be presenting at the
next meeting.
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12. COMMISSION COMMENT
12. 1 Commissioner Bertino - no comment.
12.2 Commissioner Hirsch - no comment.
12.3 Commissioner Stevens - no comment.
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12.4 Vice Mayor Cook extended commendations to City Manager Flatley.
At the invitation of Vice Mayor Cook, Jeanette Eby complained of
threats and harassment to the people seeking signatures for her
petition to oppose the B. S. O. merger and personally being issued
a ticket by a police officer.
12.5 Mayor McElyea asked Vice Mayor Cook about the Planning Council
regarding the Stirling Road/2nd Street situation.
Vice Mayor Cook reported that Growth Management Director Leeds
has been contacted for pertinent information and she would
probably have more information regarding the public hearing by
the next meeting. Vice Mayor Cook verified that the hearing
will cost $500. 00. '°
Mayor McElyea offered to pay a portion of the $500 fee himself,
to ease the City ' s financial burden, and suggested that other
concerned neighbors in the area do likewise.
This Regular Commission Meeting was then adjourned.
s.af
II19YOR-COMMISSIONEAT
CITY E -AUDITOR CcRTIFICA1tON
I certify this to be a true and correct COPY
of the record in my office.
WITNESS my hand and official seal of the
City of Dania, Florida, this day of
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City Clerk
WANDA MULLIKIN
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Regular Commission Meeting 12 September 13 , 1988
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
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�DISCLOSURE OF LOCAL OFFICER'S" NTEREST
hereby disclose that on SsI— 19
(a) A measure came or will come before my agency which (check one)
Zi inured to my special private gain; or
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inured to the special gain of by whom 1 am retained.
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(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO .MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN .
,LARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 35,000.
CL Fok\l +n. m.xe -
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 13, 1988
8: 00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
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ROLL CALL
PRESENTATIONS - none
1. CONSENT AGENDA
Minutes
1. 1 August 9, 1988, regular meeting
1. 2 August 15, 1988, special meeting
Resolutions
1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA REQUESTING THE NATIONAL
HISTORICAL PUBLICATIONS AND RECORDS COMMISSION TO INCLUDE THE CITY
OF DANIA 'S APPLICATION AMONG THOSE REQUESTING FINANCIAL ASSISTANCE
FROM THE FEDERAL GOVERNMENT 'S RECORDS GRANT PROGRAM FOR THE 1988
PROGRAM YEAR; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESO-
LUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
Ordinances ( first reading ) f
1. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REPEALING SECTION 11-4
AND 11-5 OF ARTICLE I ; REPEALING ALL OF ARTICLE II ENTITLED
"VOLUNTEER DEPARTMENT" ; RENUMBERING SECTION 11-41 , SECTION 11-42,
SECTION 11-43, SECTION 11-44, SECTION 11-45, SECTION 11-46 AND
SECTION 11-47 OF ARTICLE IV, OF CHAPTER 11 TO SECTIONS 11-47,
11-48, 11-49, 11-50, 11-51, 11-52 AND 11-53 RESPECTIVELY; AMENDING
SECTION 11-34, SECTION 11-35, SECTION 11-36, SECTION 11-37, SECTION
11-38, SECTION 11-39, SECTION 11-40, SECTION 11-41, SECTION 11-42,
SECTION 11-43, SECTION 11-44, SECTION 11-45 AND SECTION 11-46 OF
ARTICLE III OF THE CODE OF ORDINANCES 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. " (backup forthcoming)
1. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL
SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, 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. "
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CONSENT AGENDA (continued)
1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL
WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, 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. "
1. 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"LAPOINTE PLAZA" , SAME BEING : PORTIONS OF TRACTS 6, 7, 14, 15 AND
16, BLOCK 3, SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
"MARSHALL EVERGLADES LAND COMPANYS SUBDIVISION" ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC
RECORDS OF DADE COUNTY, FL, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF THE E 1/2 OF THE W 1/2 OF THE SE 1/4
OF THE SW 1/4 OF SAID SECTION 28, THENCE NORTH 1 DEGREE 38 MINUTES
21 SECONDS WEST, ALONG THE WEST LINE OF THE E 1/2 OF THE W 1/2 OF
THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 28, A DISTANCE OF 90. 93 '
TO THE POINT OF BEGINNING ; THENCE NORTHERLY AND EASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF GRIFFIN ROAD THE FOLLOWING FOUR
COURSES AND DISTANCES: NORTH 1 DEGREE 38 MINUTES 21 SECONDS WEST, A
DISTANCE OF 28. 12 ' , THENCE NORTH 56 DEGREES 25 MINUTES 47 SECONDS
EAST, A DISTANCE OF 31 . 65 ' TO A POINT ON A CURVE, THENCE SOUTHERLY
AND EASTERLY, ALONG A CURVE TO THE LEFT, WHOSE TANGENT BEARS SOUTH
33 DEGREES 34 MINUTES 13 SECONDS EAST, WITH A RADIUS CENTRAL ANGLE OF 59 DEGREES OF 66 ' AND A
0 MINUTES 0 SECONDS, AN ARC DISTANCE OF
67. 96 ' TO A POINT OF TANGENCY, THENCE NORTH 87 DEGREES 25 MINUTES
. 47 SECONDS EAST, A DISTANCE OF 76. 821 , THENCE NORTH 3 DEGREES 5
MINUTES 11 SECONDS WEST, A DISTANCE OF 31. 67 ' TO THE POINT OF TERM- w
INATION OF THE SAID FOUR COURSES AND DISTANCES ;
AND WESTERLY ALONG THE NORTHERLY AND WESTERLY LINES
THENCE NORTHERLY
NOAIRVIEW
HOTEL" AS RECORDED IN PLAT BOOK 125 PAGE 16, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FL, THE FOLLOWING 3 COURSES AND DISTANCES: NORTH
3 DEGREES 5 MINUTES 11 SECONDS WEST, A DISTANCE OF 34. 26 ' ; THENCE
SOUTH 89 DEGREES 49 MINUTES 27 SECONDS WEST, A DISTANCE OF 159. 14 ' ;
THENCE NORTH 1 DEGREE 38 MINUTES 21 SECONDS WEST, A DISTANCE OF
1560 ' (MORE OR LESS ) TO THE POINT OF TERMINATION OF THE SAID 3
COURSES AND DISTANCES ; THENCE NORTHWESTERLY MEANDERING THE
SOUTHERLY BANK OF THE DANIA CUT-OFF CANAL, A DISTANCE OF 505 , (MORE
OR LESS ) ; THENCE SOUTH 14 DEGREES 56 MINUTES 12 SECONDS EAST, ALONG _
THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95, A DISTANCE OF
1400 ' (MORE OR LESS ) ; THENCE SOUTH 21 DEGREES 55 MINUTES EAST, ALONG SAID EASTERLY RIGHT 38 SECONDS
-OF-WAY LINE OF INTERSTATE 95, A
DISTANCE OF 441. 55 ' ; THENCE SOUTH 41 DEGREES 3 MINUTES 58 SECONDS
EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95, A
DISTANCE OF 9. 91 ' TO THE POINT OF BEGINNING. SAID LANDS SITUATE,
LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FL; AND
ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS
AND ALLEYS AS SHOWN ON SAID PLAT OF "LAPOINTE PLAZA" ; 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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1 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69
(a ) AND (b) OF ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE OF ORDI-
NANCES OF THE CITY OF DANIA TO PROVIDE FOR AN INCREASE IN THE
MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS
FROM $9. 00 TO $10. 50 AND FOR SMALL BUSINESS UNITS FROM $12. 50 TO
$14. 00; 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, 1988
BILLING DATE. "
1. 9 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTIONS
(c) , (d ) AND (e ) OF SECTION 1, ARTICLE 4 OF PART XII OF THE CITY
CHARTER TO INCREASE THE TERM OF LEASES AS SET FORTH IN SAID SUB-
SECTIONS (c ) , (d ) AND (e ) FROM THIRTY ( 30 ) YEARS TO SEVENTY-FIVE
(75 ) YEARS AND TO INCLUDE "HOTELS" IN THE EXAMPLES OF THE TYPE OF
LEASEHOLD IMPROVEMENTS SET FORTH IN SAID SUBSECTION (c ) ; 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. 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"THE RITA W. SHAW PLAT" , SAME BEING : A PORTION OF THE NE 1 /4 OF
SECTION 34, AND OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, CITY OF DANIA, BROWARD COUNTY, FL, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF
SAID SECTION 34; THENCE, ALONG THE NORTH LINE OF THE NE 1/4 OF SAID
SECTION 34, SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE
i OF 683. 84 ' TO THE NE CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE
1/4 OF SAID SECTION 34 AND TO THE POINT OF BEGINNING ; THENCE, ALONG
THE EAST LINE OF SAID W 1/2, SOUTH 1 DEGREE 37 MINUTES 41 SECONDS yr
EAST, A DISTANCE OF 1197. 58 ' TO THE NORTH LINE OF DANIA CUT-OFF
CANAL, AS RECORDED IN OFFICIAL RECORDS BOOK 13970, PAGE 933 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG SAID NORTH
LINE, SOUTH 89 DEGREES 13 MINUTES 13 SECONDS WEST, A DISTANCE OF
681. 84 ' TO THE WEST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4
OF SAID SECTION 34; THENCE, ALONG SAID WEST LINE, NORTH 1 DEGREE 43
MINUTES 5 SECONDS WEST, A DISTANCE OF 279. 69 ' TO THE NORTH LINE OF
AN EXISTING 30 ' RIGHT-OF-WAY AS RECORDED IN DEED BOOK 382, PAGE 297
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG SAID
- NORTH LINE, SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE
OF 1260. 32 ' TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. 1 AS
SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP NO.
86095-2408; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 19
DEGREES 50 MINUTES 41 SECONDS EAST, A DISTANCE OF 497. 32 ' ; THENCE ;
CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 31 DEGREES
18 MINUTES 29 SECONDS EAST, A DISTANCE OF 238. 45 ' ; THENCE, CONTIN-
UING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 36 DEGREES 17
MINUTES 36 SECONDS EAST, A DISTANCE OF 56. 93 ' TO THE SOUTH LINE OF
"WYLDWOOD" , AS RECORDED IN PLAT BOOK 21 , PAGE 4 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FL; THENCE, ALONG THE SOUTH LINE OF SAID
"WYLDWOOD" NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE
OF 872. 39 ' TO A LINE 40 ' EAST OF AND PARALLEL WITH THE WEST LINE OF
THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34-50-42 ;
(continued on next page)
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THENCE, SOUTH 1 DEGREE 43 MINUTES 5 SECONDS EAS'1; A DISTANCE OF
149. 79 ' ALONG SAID PARALLEL LINE TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 440 ' ; THENCE SOUTHERLY,
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9 DEGREES 49
MINUTES 56 SECONDS AND AN ARC LENGTH OF 75. 51 ' TO A POINT OF NON-
TANGENCY; THENCE SOUTH 81 DEGREES 53 MINUTES 9 SECONDS EAST (A
RADIAL BEARING ) , A DISTANCE OF 80 ' THENCE, NORTH 89 DEGREES 45
MINUTES 20 SECONDS EAST, A DISTANCE OF 322. 831 ; THENCE, NORTH 0
DEGREES 14 MINUTES 40 SECONDS WEST, A DISTANCE OF 469. 65 ' TO A
POINT ON A LINE 25 ' NORTH OF AND PARALLEL WITH THE NORTH LINE OF
THE NE 1/4 OF SAID SECTION 34, SAID LINE ALSO BEING THE SOUTH LINE
OF "D. D. K. PLAT" , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 131 PAGE 19 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL;
THENCE, ALONG SAID PARALLEL LINE, NORTH 89 DEGREES 45 MINUTES 20
SECONDS EAST, A DISTANCE OF 316. 46 ' TO THE EAST LINE OF THE W 1/2
OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE
42 EAST; THENCE ALONG SAID EAST LINE, SOUTH 1 DEGREE 57 MINUTES 30
SECONDS EAST, A DISTANCE OF 25. 01 ' TO THE POINT OF BEGINNING.
TOGETHER WITH THE W 1/2 OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4,
SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST. SAID LANDS LYING IN
THE CITY OF DANIA, BROWARD COUNTY, FL, CONTAINING 38. 02 ACRES , MORE
OR LESS ; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "THE RITA W.
SHAW PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDI
NANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE. "
2. PROCLAMATIONS - none
3. BIDS - none
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
Building & Zoning (second and final reading )
4. 1 Petitioner - John Ligotti ; Owner - Louis & Dorothy Laurich;
property located on the east side in the 700 block of SE Fifth
Avenue; across from Townhouse East
A) Public Bearing - RZ-21-88 - (second reading of ordinance)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOW-
ING DESCRIBED LANDS, TO-WIT: ALL OF "AMENDED PLAT HOLLYWOOD BEACH
PARK NO. 211 , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
14, PAGE 51 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO
KNOWN AS THE W 1/2 OF THE NW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF
SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY,
FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA, FROM EXISTING ZONING CLASSIFICATION TO
RM-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO.
100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
B) Public Bearing - VC-22-88 - Adoption of resolution vacating street
right-of-way.
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4. 2 Petitioner - Gibbs Land Surveyors , Inc. ; Owner - Merrill Cohen;
property located on the north side of Dania Beach Blvd, south of
Tigertail Blvd and west of Bryan Rd.
Public Hearing - PL-50-88 - (second reading of ordinance)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT
OF "M. I .M.E. INC. PLAT" , SAME BEING : BLOCK 8, OF "TIGERTAIL
GROVE RESUBDIVISION" , AS RECORDED IN PLAT BOOK 30, PAGE 20, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA, AND CONTAINING 17. 57 ACRES, MORE OR LESS; AND ACCEPTING
THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS
AS SHOWN ON SAID PLAT OF "M. I.M.E. INC. 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. "
4. 3 Petitioner - Itzak Dickstein; Owner - Dania Oyster Ltd; property
located at 768 East Dania Beach Blvd .
A) Public Hearing - ZT-02-88 - (second reading of ordinance)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION j
4. 20, ARTICLE 4, OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE SALE OF FIREWORKS AS A
SPECIAL EXCEPTION USE IN C-2 ZONING CLASSIFICATION; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
B) Public Hearing - 5E-55-88 - A special exception is requested to
permit a fireworks sales and storage facility in a C-2 zoning
district .
4. 4 Petitioner - McLaughlin Engineering Co. ; Owner - Stephens
Distributing Co. ; property located at the SE corner of Ravenswood
Road and Tigertail Boulevard
A) Public Hearing - PL-49-88 (second reading of ordinance)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT
OF "BUDLIGHT PLAT" , SAME BEING: ALL THAT PORTION OF THE SW 1/4
OF THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, LYING WEST OF THE SEABOARD SYSTEM RAILROAD; LESS
THE SOUTH 138. 46 FEET (AS MEASURED AT RIGHT ANGLES ) ; SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "BUDLIGHT
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. "
B) SP-68-88 - A site plan approval is requested for a warehouse
addition .
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4. 5 Petitioner/Owner - Steinfeldt Thompson Co. , Inc. ; property located
at 800 Old Griffin Road
A) Public Hearing - ZT-03-88 (final readin
g of ordinance
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4. 20,
ARTICLE 4, OF CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, TO PROVIDE FOR ASSEMBLY AND LIGHT FABRICATION OF
MATERIALS AS A SPECIAL EXCEPTION USE IN C-4 ZONING CLASSIFICATION;
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
B) Public Hearing - RZ-56-88 (final reading of rezoning ordinance)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO-WIT: ALL OF BLOCK 3, AND THE WEST 46 ' OF BLOCK 4
OF DANIA MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
10, PAGE 53, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND
BEGINNING AT THE NW CORNER OF BLOCK 3 OF DANIA MANOR, ACCORDING TO
THE CORRECTED PLAT THEREOF, RECORDED IN PLAT BOOK 10, AT PAGE 53 OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTHWARD ALONG
THE WEST LINE OF SAID BLOCK 3 EXTENDED TO THE EDGE OF THE SOUTH
BORDER OF THE PRESENT PAVING OF NW 4 STREET (BROWARD ROAD, ALSO KNOWN
AS GRIFFIN ROAD) THENCE EASTWARD ALONG THE SAID SOUTH BORDER OF SAID
PAVING A DISTANCE OF APPROXIMATELY 300 ' TO A POINT NORTH OF THE NE
CORNER OF THE SAID BLOCK 3, WHICH POINT INTERSECTS WITH THE EAST LINE
OF SAID BLOCK 3 EXTENDED NORTHWARD, THENCE SOUTHWARD TO THE NE CORNER
OF SAID BLOCK 3, THENCE WESTWARD ALONG THE NORTH LINE OF SAID BLOCK 3
A DISTANCE OF APPROXIMATELY 300 ' TO A POINT OF BEGINNING ; AND THAT
PART OF THE EAST 100 ' OF THE WEST 3/4 OF THE NORTH 1/2 OF THE SW 1/4
OF THE NW 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS
CANAL RIGHT-OF-WAY, LYING NORTH OF THE NORTH LINE OF THE FLORIDA
POWER AND LIGHT COMPANY RIGHT-OF-WAY, AS DESCRIBED IN OFFICIAL
RECORDS BOOK 609, PAGE 618 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA, FROM EXISTING ZONING CLASSIFICATION TO C-4
ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
aaf CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. "
C) Public Hearing - SE-57-88 - A special exception is requested to allow
an assembly and light fabrication facility in a C-4 zoning district.
D) Public Hearing - VA-58-88 - The following variances are requested to
allow the construction of an assembly and light fabrication facility:
1 ) 46 parking spaces (54 required )
2 ) back-out parking onto NW 8 & 9 Ave (back-out parking onto public
streets is prohibited )
E) Public Hearing - VC-59-88 - Adoption of resolution vacating street
right-of-way.
F) SP-60-88 - A site plan approval is requested for a light fabrication
and assembly facility.
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5. SITE PLAN REQUESTS - none
6. EXPENDITURE REQUESTS
6. 1 Adoption of resolution approving the service agreement with Eugene
H. Jewell .
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6. 2 Adoption of resolution approving the U.S.
with Broward County. 1 landscaping agreement
6. 3 Adoption of resolution amending Seacoast Sanitation contract .
6. 4 Adoption of resolution approving the Large User Water Agreement
with Broward County.
7. SPECIAL REQUESTS
7. 1 Request by Chief Thivener to declare all Dania Police badges
surplus once the B.S .O. contract takes effect .
7. 2 Request by Chief Thivener to allow all police officers to keep the
surplus badges as a momentum of the City of Dania Police
Department .
8. APPOINTMENTS
8. 1 Designation of voting delegate for Florida League of Cities 62nd
Annual Convention.
9. DISCUSSION
i 9. 1 Discussion regarding transfer of city assets to B.S.O.
10. CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties
that are not a part of the regular agenda should be given in writing or
communicated verbally prior to 4: 00 p.m. the second (2nd) and fourth
(4th) Monday of each month . Comments of any nature will be responded to
by the office of the City Manager. In the event that the concern
remains unresolved, the citizen (s ) or party will be asked to address the
City Commission during the meeting.
11. ADMINISTRATIVE REPORTS
11. 1 City Manager
11. 1. 1 Airport Status Report
11. 1. 2 Report on Dania Beach Boulevard multi-purpose path
11. 2 City Attorney
12. COMMISSION COMMENTS
12. 1 Commissioner Bertino
12. 2 Commissioner Hirsch
12. 3 Commissioner Stevens
12. 4 Vice Mayor Cook
12. 5 Mayor Mc Elyea
--------------------------- __ ____ __ _ ___
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION
i WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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CITIZENS ' COMMENTS
AGENDA
CITY OF DANIA
REGULAR MEETING
SEPTEMBER 13, 1988
8:00 P.M.
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1. Request by Vincent Carroll of 202 SE 3 Place to address the
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Commission regarding the requested heliport at Seafair. f
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 13, 1988
8:00 P.M.
EXPENDITURES (continued)
6. 5 Recommendation by Code Enforcement Board to hire Alex Domb as
Board Attorney for $50 per hour. Appearance: Jack Bradley
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