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Home My WebLink About1983-12-27 Regular City Commission Meeting Minutes and Agenda ' `br Ys• ';,t a MINUTES DANIA CITY COMMISSION REGULAR MEETING DECEMBER 27, 1983 INVOCATION: Richard Marant PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudolf Rigo Building Official : Paul Maxwell Absent: Commissioner: Robert Donly A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to excuse Commissioner Donly from this meeting. The motion passed unanimously. 1. CONSENT AGENDA Minutes 1 .1 December 13, 1983, Regular Meeting Bills 1 .2 October, 1983 1 .3 November, 1983 A motion was made by Commissioner Cook, seconded by Commissioner Adams to approve the consent agenda. The motion passed unanimously. 2. PUBLIC HEARINGS Rezoning Ordinance (second and final reading) 2.1 The title of 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 second and final reading by City Attorney Adler. (1600 Griffin Road) Mayor Byrd opened the public hearing. Hearing no one speak in opposition, and hearing Ross Beckerman, Attorney representing Michael Thomas, as Trustee, owner of the subject property, speak in favor, describing the intended hotel project, the Mayor closed the public hearing. Regular Meeting -1- December 27, 1983 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the rezoning ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Plat Ordinance (second and final reading) 2.2 The title of 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 second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. Bob Mikes raised a question regarding the preservation of "green space" along the canal bank. Bob McLaughlin, of McLaughlin Engineering, representing the peti- tioner, responded by explaining that the question is premature and no removal of, trees along the canal bank is intended at the present time. Hearing Mr: McLaughlin speak in favor, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the ordinance approving the Plat of "M.M.C.O. Plat." The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Special Exceptions 2.3 PZ-63-83, Extasis II, Inc. , 601 East Dania Beach Boulevard (continued from December 13, 1983) Extasis II, Inc. was represented by the Manager of the Shopping Center in which the restaurant is located. Mayor Byrd opened the public hearing. . Several citizens commented on the need for certain qualifying stipulations. A representative of the Danian Condominiums spoke in favor, provided proper controls are retained. Mayor Byrd then closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to grant the special exception request by Extasis II, Inc. for a period of one (1) year providing that there be no discernable external noise, andi.that there be no nude dancing, disco or any entertainment other than a small band for dining and dancing. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes 3. DISCUSSION 3.1 Consideration of "Consolidated" Mutual Fire Aid Interlocal Agreement Fire Chief Jewell described the "Consolidated" Mutual Fire, Rescue, Emergency or Disaster Interlocal Agreement which provides for mutual cooperative backup of resources between the participating municipalities in Broward County during times of need. City Attorney Adler pointed out that the document has received his approval as well as that of the legal departments of many of the other municipalities. The Commission commended Chief Jewell 'for his efforts on behalf of this document. i, Regular Meeting -2- December 27, 1983 A,motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to approve the "Consolidated" Mutual Fire Aid Interlocal Agreement. The motion passed unanimously. 3.2 Approval of Emergency Service/Medical Director Agreement Fire Chief Jewell described the Emergency Service/Medical Director s` Agreement between the City of Dania and Dr. Karen Craparo. He stated that the agreement is required by State statute and that it is a budgeted item. A motion was made by Commissioner Cook, seconded by Commissioner Adams to approve the Emergency Service/Medical Director Agreement. The motion passed unanimously. 4. CITIZENS' COMMENTS Pete Prossic commended the City.Administrators on the loth St. drainage project. Vincent Carroll commented on the citizens' comments portion of the agenda. Bob Mikes commented on the meeting between the Landscape Committee and County Engineers on loth Street. New Year wishes were extended by Gloria Madden. 5. ADMINISTRATIVE REPORTS 5.1 City Manager Marant announced that the contract for the Firefighters' Union will be placed on the agenda for the next regular Commission meeting,of January 10, 1984, for ratification. City Manager Marant read a memorandum from; the Administrator of- Florida League of Cities, Inc. regarding nominations of trustees on the Board of the Florida Municipal Liability and Self-Insurance Program. It was suggested that the nominee be chosen at this meeting as the deadline for nominations is January 13, 1984. Mayor Byrd voiced his objection to voting with insufficient preparation time. A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to nominate John Bertino, whose term on the Board of Trustees is expiring. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-no City Manager Marant commented on a letter from Liberia Economic and " Social Development, Inc. (per Broward County Community Development Division's request) asking for a support letter from the City of Dania stating objections, if any, to the purchase of the Liberty Heights property as well as their request for a land use change. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to direct the City Manager and Mayor to send letters of support to Liberia Economic and Social Development, Inc. The motion passed unanimously. City Manager Marant outlined the format for the Citizens' Comments Agenda that will be incorporated into the Agenda for Commission Meetings during the first six months of 1984 on a trial basis. Regular Meeting -3- December 27, 1983 7 .• w A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve the Citizens' Comments procedure recommended by the City Manager on a six-month trial basis. The motion passed unanimously. 5.2 City Attorney - no comment. 6. COMMISSION COMMENTS 6.1 Commissioner Adams commented on major remodeling being done in Dania and suggested the City formally recognize these accom- plishments. 6.2 Commissioner Cook - no comment. 6.3 Commissioner Donly - absent. 6.4 Vice-Mayor Bertino - no comment. 6.5 Mayor Byrd - no comment. The Commissioners wished all a Happy and Prosperous New Year. This meeting was then adjourned. =✓MAYOR-COMMISSIONER CITY CLERK-AUDITOR Regular Meeting -4- December 27, 1983 AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 27 , 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1. 1 December 13, 1983 Bills 1.2 October, 1983 1. 3 November, 1983 RECOMMENDATION: Approval 2. PUBLIC HEARINGS Rezoning Ordinance ( second and final reading) 2.1 ,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 26, 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 FARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " ( 1610 Griffin Road) RECOMMENDATION: Approval Plat Ordinance ( second and final reading) "A 2. 2 N ORDINANCE OF THE CITY OF DANIA, FT.ORIDA, APPROVING THE PLAT OF "M.M.C.O. PLAT SA14E 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 X . IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR 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. " Special Exceptions 2.3 PZ-63-83, Extasis II, Inc. , 601 East Dania Beach Boulevard (continued from December 13 , 1983) e' 3. DISCUSSION 3.1 Consideration of "Consolidated" Mutual Fire Aid Interlocal Agreement 3.2 Approval of Emergency Service/Medical Director Agreement 4. 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. 5. ADMINISTRATIVE REPORTS 5. 1 City Manager + 5. 2 City Attorney 6. COMMISSION COMMENTS 6. 1 Commissioner Adams 6. 2 Commissioner Cook 6. 3 Commissioner Donly 6.4 Vice-Mayor Bertino 6. 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. a; cr .5[r