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HomeMy WebLinkAbout1983-12-13 Regular City Commission Meeting Minutes and Agenda e MINUTES DANIA CITY COMMISSION REGULAR MEETING DECEMBER 13, 1983 INVOCATION: James Adams PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Chester A.-Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams - Robert Donly City Attorney: Frank Adler City Manager:- Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell 1. CONSENT AGENDA Minutes 1.1 November 15, 1983, Special Meeting 1 .2 November 15, 1983, Workshop Meeting 1.3 November 22, 1983, Regular Meeting Resolutions 1.4 A Resolution of the City of Dania, Florida, urging the Governor and Cabinet to authorize construction of dunewalk in order to provide greater public access to the Beach in the City of Hollywood. Ordinances (First Reading) 1.5 An Ordinance rezoning lands described-as "That portion of Tract 5 lying South of the Dania Cut-Off Canal , together with Tract 16, Block 3, in Section 28, Township 50 South, Range 42 East, of Marshall Everglades ,Land's Companies Subdivision," less certain road rights-of-way and subject to certain easements, from existing zoning classification of M-2 to I-G zoning classification was read for first reading by Mayor Byrd. (1610 Griffin Road) 1 .6 An Ordinance approving the Plat of "M.M.C.O. Plat", being that portion of the West 3/4 of the SW 1/4 of the NW 1/,4; less the East 441.16 feet thereof, of Section 34, Township 50 South, Range 42 East, lying South of the Dania Cut-Off Canal and North of a Florida Power and Light easement was read for first reading by Mayor Byrd. A motion was made by Commissioner Cook, seconded by Commissioner Donly to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes f. 2. PUBLIC HEARINGS Variances 2.1 PZ-59-83, Irene L. Dodge, 714 SW 4th Ct. (continued from 11/8/83) 4 . A motion was made by Commissioner Donly, seconded by Commissioner Cook to continue this item until the Planning & Zoning Board makes its recommendation. The motion passed unanimously. Y . ' a, Regular Meeting -1- December 13, 1983 2.2 PZ-61-83, Thomas W. Hart, 301 NE 5th Ct. Thomas W. Hart stepped forward to request a variance to permit construction of an attached garage with a 13' front set-back in lieu of the required 15' front set-back. Mayor Byrd 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 Bertino, seconded by Commissioner Cook to approve the variance request by Thomas W. Hart. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.3 PZ-64-83, Cerise Merola, 288 NE 6th Ct. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to continue this item until the Planning & Zoning Board makes its recommendation. The motion passed unanimously. Special Exceptions 2.4 PZ-63-83, Extasis II, Inc. , 601 East Dania Beach Boulevard A representative of Extasis II, Inc. stepped forward to explain the special exception request to allow a small band to provide dinner-dancing for patrons of a restaurant. Mayor Byrd opened the public hearing. Hearing several citizens speak in favor and in opposition, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to continue this item until the next regular Commission meeting of December 27th, for the purpose of allowing Extasis II, Inc. and the local residents the opportunity to reach a mutual understanding in the interim. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.5 PZ-65-83, Greater Trinity Missionary Baptist Church, 25 NW 7th Ave. Deacon Walter Hart stepped forward to request a special exception to allow an addition to the Greater Trinity Missionary Baptist Church and also to allow additional parking in a residential area. Mayor Byrd 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 Bertino, seconded by Commissioner Cook to grant the special exception request by Greater Trinity Missionary Baptist Church. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -2- December 13, 1983 r . 3. SITE PLANS 3.1 SP-06-83, Florida Silica Sand, 5801 Bryan Rd. (continued from 9/6/83) Brian Pegram, representing Florida Silica Sand, stepped forward to request site plan approval for an extension to an existing warehouse building. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant site plan approval to Florida Silica Sand. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 3.2 SP-16-83, U.S. Lend Lease, Inc. , Sheridan St. , east of SE 5th Ave. Ed Gerlach, of Rhett Roy Landscape Architects, stepped forward to explain the request by U.S. Lend Lease, Inc. for site plan revision approval for minor revisions to previously approved site plan NSP-05-83, for multi-family development, (Watermark Condominiums), describing the revisions as shifting of buildings to facilitate the placement of a recreational center. A motion was made by Commissioner Donly, seconded by Vice-Mayor. Bertino to grant site plan amendment approval to U.S. Lend _Lease, Inc. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 4. APPOINTMENTS 4.1 Election District Study Committee City Attorney Adler described the Resolution passed on November 22nd, creating the Election District Study Committee which provided for the appointment of fifteen members, the Mayor and Commissioners each appointing three members. Appointees Named: Commissioner Adams - Clarke Walden, William Winkelholz and Carl Zenobia Commissioner Cook - Leo Polk and June Silvernale Commissioner Donly - Gloria Madden and Cleo Hepburn Vice-Mayor Bertino - Jack Bradley, Marie LaPone and Pete Prossic Mayor Byrd - Nathaniel Hankerson and Veta Peterman Commissioner Cook, Commissioner Donly and Mayor Byrd will provide City Attorney Adler with the remaining three names within the next few days as the appointments must be made within 30 days of the passage of the Resolution. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to approve the appointment of the twelve named appointees to the Election District Study Committee. The motion passed unanimously. Regular Meeting -3- December 13, 1983 5. DISCUSSION 5.1 Correction to Seacoast Sanitation contract and approved increase. City Attorney Adler explained the necessity to amend Seacoast Sanitation's contract amount to reflect the amount originally bid by Seacoast Sanitation, which will correct the discrepancy that arose due to a scrivener's error. A motion was made by Commissioner Adams, seconded by Commissioner Donly to approve the correction to the amount of Seacoast Sanitation's contract. The motion passed unanimously. 5.2 Request by Police Department to expend $1,797.82 from the Law Enforcement Trust Account for narcotics purchases and to replenish the investigative fund. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant the request by the Police Department. The motion passed unanimously. 5.3 Request to transfer titles for four parcels of property from City of Dania to Broward County and to transfer two parcels of property from Broward County to City of Dania. Richard Mooney, Project 80's Director, presented a proposal for quit claim deed transfers of properties between Broward County and the City of Dania as outlined in a letter from the Ft. Lauder- dale-Hollywood International Airport Expansion Project Office to Dania's City Manager, Richard Marant, dated November 15, 1983. Mr. Mooney pointed out that one of the parcels referred to in the letter, i.e. Item (1 ) Parcel #212, has been omitted and that the request is now for the quit claim deeding of three parcels, N211 , N238 and #228 by the City of Dania to Broward County. During discussion, it was determined that upon receipt of the quit claim deeds from Broward County, the City of Dania will quit claim deed properties to Broward County as described by Mr. Mooney. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly, to approve the request by Broward County regarding the transference of property ownership by .quit claim deed. The motion passed unanimously. 5.4 Approval of Block Grant Committee recommendation Grants Coordinator, Mark Novin presented a Block Grant Community Program synopsis report. • He commented on the Block Grant Committee citizen participation meeting held on December 12, 1983, and stressed the point that the deadline for submission of applications to the Community Development Division is 4:00 p.m. , •Thur�day, December 22, 1983, Kurt Ely, Chairman of the Dania Community Block Grant Committee, outlined the project proposal recommendations being submitted to the City Commission for approval per the Block Grant Committee meeting of December 12th. Mr. Ely presented the projects recommended •in the following priority order: 1 ) Improvement of NW 5th Avenue, from SW lst St. to NW 3rd St. - to include curbs, gutters, sidewalks, storm drains, drain lines; street lighting and widening. Estimated cost: $650,000.00 r,l Regular Meeting -4- December 13, 1983 2) Land acquisition and site preparation for a housing development project - purpose of project is to build houses that would ultimately end up in home ownership. Estimated cost: . $150,000.00 3) Additional improvements along NW 1st Street from 4th Avenue to 8th Avenue in conjunction with Resolution adopted by the City Commis- sion on January 25, 1983. Estimated cost: $75,000.00-$100,000.00 Mr. Ely stated that the number of grant requests to be submitted to the County Block Grant Committee is limited to three. During discussion, it was suggested that a project to improve the water and storm sewer problem should be included in the proposals. A motion was made by Vice-Mayor Bertino to hold a special meeting on December 15, 1983, at 3:00 p.m. to discuss the inclusion of water and storm sewer improvements as a project proposal. The motion died for lack of a second. Mr. Ely advised the Commission that it may delete items from the Block Grant Committee recommenda- tions, but may not add to them. It was generally agreed thatrdue to the time constraints of the December 22nd deadline, reconvening the Block Grant Committee meeting would not be feasible. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to endorse the project proposal recommendations submitted to the Commission by the Block Grant Committee, ranked in the following order of priority: 1 ) Land acquisition and site preparation for a housing development project. 2) Additional improvements along NW 1st Street. 3) Improvement of NIJ 5th Avenue. The motion passed on the following roll call voter Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 6. CITIZENS' COMMENTS Gloria Madden commented on the need for better crime watch and extra lighting on SW 4th Street. A citizen commented on a problem regarding the revocation of her permit to build a carport. 7. ADMINISTRATIVE REPORTS 7.1 City Manager Marant announced that the TV crew is TVing the sewer lines now. He also announced that the bridge on 14th Avenue should be completed in the next two days. City Manager Marant commented on the South Broward Water and Sewer • Authority meeting to be held at Pembroke Lakes Country Club on Friday, December 16, 1983, at 11 :00 a.m. Mayor Byrd will be representing Dania at that meeting. City Manager Marant commented on his plans to revise the agenda format of the Citizens' Comments portion. For a six month trial period beginning in January, 1984, the Citizens' Comments portion will be on a separate agenda which will be kept open until 4:00 p.m. of the day the regular Commission meeting is scheduled; for those citizens who wish to be placed on the agenda. Regular Meeting -5- December 13, 1983 7.2 City Attorney - no comment. 8. COMMISSION COMMENTS 8.1 Commissioner Adams commented on the meeting on Port Everglades that took place in Hollywood. 8.2 Commissioner Cook - no comment. 8.3 Commissioner Donly commended Mayor Byrd on his participation in the Hollywood Port Everglades meeting. 8.4 Vice-Mayor Bertino commented on the Port Everglades deannexation problem. 8.5 Mayor Byrd commended City Manager Marant on his organizational efforts regarding the Hollywood Port Everglades meeting. Y -TURISSIONER Y CLERK-AUDITOR Regular Meeting -6- December 13, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 13, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1. 1 November 15, 1983, Special Meeting 1. 2 November 15, 1983, Workshop Meeting 1. 3 November 22, 1983, Regular Meeting RESOLUTIONS 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA URGING THE GOVERNOR AND CABINET TO AUTHORIZE CONSTRUCTION OF DUNEWALK IN ORDER TO PROVIDE GREATER PUBLIC ACCESS TO THE BEACH IN THE CITY OF HOLLYWOOD; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLU- TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " ORDINANCES (First reading) 1. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT: THAT PORTION OF TRACT 5 LYING SOUTH OF THE DANIA CUT-OFF CANAL, TOGETHER WITH TRACT 16, BLOCK 3, IN SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42 EAST, OF MARSHALL EVERGLADES LAND'S COMPANIES SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 98 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS THAT PORTION USED FOR ROAD RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2595, PAGE 614, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LESS THAT PORTION AS DESCRIBED IN OFFICIAL RECORDS BOOK 2963, PAGE 728, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND LESS THAT PORTION USED FOR ROAD RIGHT-OF-WAY DESIGNATED AS PARCEL 9-E, AS SHOWN ON THE BROWARD COUNTY TRANSPORTATION DEPARTMENT R/W MAP OF GRIFFIN ROAD BOND PROJECT 04110. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SUBJECT TO AN INGRESS AND EGRESS EASEMENT OVER THE EAST 30 FEET OF THE ABOVE DESCRIBED PORTIONS OF TRACTS 5 AND 16; AND SUBJECT TO AN AVIGATION EASEMENT OVER A PORTION OF SAID TRACTS 5 AND 16, DESIGNATED AS PARCEL 9R-3, AS DESCRIBED AND SHOWN ON THE RIGHT- OF-WAY MAP CLEAR ZONE APPROACH AREA FOR RUNWAY 9-R, AS RECORDED IN MISCELLANEOUS PLAT BOOK 4, PAGE 26, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; FROM EXISTING ZONING CLASSIFICATION OF M-2 TO I-G ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " ( 1610 Griffin Road) 1. 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF M.M.C.0. PLAT" , SAME BEING THAT PORTION OF THE WEST 3/4 OF THE SW 1/4 OF THE NW 1/4; LESS THE EAST 441.16 FEET .THEREOF, OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING SOUTH OF THE DANIA CUT-OFF CANAL AND NORTH OF A FLORIDA POWER AND LIGHT EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 609, PAGE 618, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID. LANDS SITUATE, LYING AND BEING IN IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR (continued on next page) . _ PUBLIC USE OF ALL STREETS, HIGHWAYS, AND ALLEYS, AS SHOWN ON SAID PLAT OF SAID "M.M.C.O. 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. " 2. PUBLIC HEARINGS Variances 2. 1 PZ-59-93, Irene L. Dodge, 714 SW Fourth Court (continued from November 8, 1983) 2.2 PZ-61-83, Thomas W. Hart, 301 NE Fifth Court 2.3 PZ-64-83, Cerise Merola, 288 NE Sixth Court Special Exceptions 2.4 PZ-63-83, Extasis II, Inc. , 601 East Dania Beach Boulevard 2.5 PZ-65-83, Greater Trinity Missionary Baptist Church, 25 NW 7th Ave 3. SITE PLANS 3.1 SP-06-83, Florida Silica Sand, 5801 Bryan Road (continued from September 6, 1983) 3.2 SP-16-83, U.S. Lend Lease, Inc. , Sheridan Street east of SE Fifth Avenue 4. APPOINTMENTS 4. 1 Election District Study Committee 5. DISCUSSION 5.1 Correction to Seacoast Sanitation contract and approved increase 5. 2 Request by Police Department to expend $1,797.82 from the Law Enforcement Trust Account for .narcotics purchases and to replenish the investigative fund 5.3 Request to transfer titles for four parcels of property from City of Dania to Broward County and to transfer two parcels of property from Broward County to City of Dania APPEARANCE: Richard Mooney, Project Director 5.4 Approval of Block Grant Committee recommendation t.,. 6. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or admin- istrative activities not previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policy are welcome. 7. ADMINISTRATIVE REPORTS 7. 1 City Manager 7.2 City Attorney B. COMMISSION COMMENTS 8. 1 Commissioner Adams 8.2 Commissioner Cook 8.3 Commissioner Donly 8.4 Vice-Mayor Bertino 8. 5 Mayor Byrd ---- -------------------------------------------- _ 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.