HomeMy WebLinkAbout31421 - MINUTES - City Commission C
j MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 11 , 1984
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INVOCATION - JEAN COOK
PLEDGE OF ALLEGIANCE j
ROLL CALL
Present -
Mayor: Chester A. Byrd
Vice-Mayor: John Bertino
Commissioners : James Adams
I Jean Cook
Robert Donly
j City Attorney: Frank Adler
City Manager: Richard Marant
i Deputy City Clerk : Mary Jabalee
i Police Chief: Rudolf Rigo
Building Official : Paul Maxwell
(Building Official Maxwell arrived a few
minutes late for this meeting . )
1 j 1 . CONSENT AGENDA
jMinutes
1 .1 Regular meeting, October 23 , 1984
1 .2 Regular meeting, November 13 , 1984
1 .3 Regular meeting, November 27 , 1984
Bills
j 1 .4 October, 1984
(. Ordinances ( First Reading)
1 .5 (PZ-59-84; 180 Bryan Road, Jan C. Hansen)
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "BRYAN OAKS" , SAME BEING THE NORTH 295 FEET
OF THE EAST 660 FEET OF THE NW 1/4 OF THE SE 1/4 OF
SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS
LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING
THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS
AND ALLEYS, AS SHOWN ON SAID PLAT OF "BRYAN OAKS" ; 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HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
j AND PROVIDING FOR AN EFFECTIVE DATE was read for first
reading by Mayor Byrd.
1 .6 (PZ-63-84 ; SE 2nd Ave, between 8th & 10th St . , George L.
Farmer & Assoc , )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO WIT: THAT PART OF THE N
1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3 , TOWNSHIP I
51 S , RANGE 42 E, DESCRIBED AS FOLLOWS: BEGIN AT A
POINT ON THE S LINE OF THE N 1/2 OF THE NW 1/4 OF THE SE
1/4 OF SAID SECTION 3 WHICH IS LOCATED 509 FEET E OF THE
SW CORNER OF SAID N 1/2 OF THE NW 1/4 OF THE SE 1/4 1
THENCE, RUN E ALONG THE S LINE OF SAID N 1/2 OF THE NW I
1/4 OF THE SE 1/4 A DISTANCE OF 1711 , MORE OR LESS, TO J
WESTERLY RIGHT-OF-WAY LINE OF SE 2ND AVE; THENCE, RUN N
ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF
Regular Meetin
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294 ' ; THENCE, RUN W PARALLEL TO THE S LINE OF SAID N 1/2
OF THE NW 1/4 OF THE SE 1/4 A DISTANCE OF 159 ' , MORE OR
LESS, TO A POINT WHICH IS 509 ' E OF THE W LINE OF SAID N
1/2 OF THE NW 1/4 OF THE SE 1/4; THENCE, RUN S PARALLEL
TO THE W LINE OF SAID N 1/2 OF THE NW 1/4 OF THE SE 1/4
DISTANCE OF 294 ' TO THE POINT OF BEGINNING, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RD-6000
TO RM 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 was read for first reading by Mayor Byrd .
A motion was made by Vice-Mayor Bertino, 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
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Commissioner Donly-yes
2 . PRESENTATION
3 * (Addressed after agenda item 8 .1 )
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2 .1 Appearance by Richard "Alan" Molinary
! Richard Molinary made an appearance to praise the Miami
Dolphins and the University of Miami Hurricanes, /"'W-
I requesting an official proclamation recognizing the
success of the football teams and urging citizen
support .
3 . BIDS - NONE
4 . PUBLIC HEARINGS
Ordinances (Second and Final Reading)
4 .1 (PR-43/A-84 Duke & Duke)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE
CITY' S CERTIFIED LAND USE PLAN MAP FROM AGRICULTURAL,
RESIDENTIAL/COMMERCIAL AND INDUSTRIAL TO COMMERCIAL, ON
A PARCEL OF LAND CONTAINING 15 .23 ACRES MORE OR LESS,
BOUNDED ON THE NORTH BY WEST DANIA BEACH BOULEVARD, THE
SOUTH BY STIRLING ROAD, THE EAST BY SW 18TH AVE, AND THE
WEST BY I-95 ; PROVIDING FOR SEVERABILITY; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING
FOR AN EFFECTIVE DATE was read for second and final
reading by Mayor Byrd .
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Building Official Maxwell explained that after the
Broward County Planning Council ' s meeting of December
6th, the Council made an initial approval of the j
amendment with the recommendation that a portion of the j
land adjacent to I-95 be shown as transportation as per
Florida Department of Transportation request. Mr.
Maxwell said that this D.O.T. proposal for increasing 1
the access lane onto I-95 and for a turn lane on
Stirling Road has been agreed to and is included in the
land use plan amendment .
City Attorney Adler recommended that an amended map be
attached to this ordinance as "Exhibit A" . J ,
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-- Regular Meeting 2 December 11, 1984 j
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Mayor Byrd opened the public hearing . Richard Wells , a
Dania resident , Randy Raymond, a representative of the
Broward County Audubon Society, and Bob Mikes, a
representative of the Sierra Club, spoke in opposition .
Walter B. Duke, the petitioner, and Robert DiAlberto, a j
real estate rep. for Burger King Corp . spoke in response
to some of the objections raised and Brian Pegram,
President of Fla . Silica Sand Co. , A.J. Ryan , Attorney,
and Dania residents Bernard Swindell and Gloria Madden
spoke in favor of the ordinance . The Mayor then closed
the public hearing .
During discussion, it was determined that this parcel
will use 5 .7 acres of the City' s 30 acres of flex zone
in that area .
A motion was made by Commissioner Donly, seconded by
Commissioner Cook to adopt the ordinance amending the
land use plan. The motion passed on the following roll
call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
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Commissioner Donly-yes
A motion was then made by Vice-Mayor Bertino , seconded
by Commissioner Donly that this item be brought back
before the Commission in 12 months for consideration and
review of progress. The motion passed on the following
roll call vote:
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Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
** (At this time , agenda item 4 . 3 was addressed . )
4 .2 (PR-43/B-84 Duke & Duke) E!
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE j
:.atip FOLLOWING DESCRIBED LANDS, TO WIT: THAT PORTION OF THE E
1/2 OF THE SE 1/4 OF THE SW 1/4 , LESS THE S 193 ' OF THE I
W 1/2 OF THE E 1/2 OF THE SE 1/4 OF SAID SW 1/4 , LYING E
OF THE E RIGHT-OF-WAY LINE OF STATE ROAD N0. 9 ( L-95 ) ,
AND LYING N OF THE N RIGHT-OF-WAY LINE OF STIRLING ROAD,
IN SECTION 33 , TOWNSHIP 50 S, RANGE 42 E, BROWARD
COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN
j THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING
CLASSIFICATIONS R-2, A-1 , A-5 AND RSO TO C-2 ZONING
{ CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100
i 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 was read for second and
final reading by Mayor Byrd ,
Building Official Maxwell explained the rezoning
request .
Mayor Byrd opened the public hearing . Hearing Randy
Raymond speak in opposition and Walter Duke speak in
favor, the Mayor closed the public hearing .
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A motion was made by Commissioner Donly, seconded by
Commissioner Cook to adopt this rezoning ordinance on
second and final reading . The motion passed on the
following roll call vote :
Regular Meeting 3 December 11 , 1984 Y } +`
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Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly that this item be brought back before
the Commission in 12 months for reconsideration . The
motion was then withdrawn .
A motion was then made by Commissioner Donly, seconded
by Vice-Mayor Bertino to direct City Administration to
agenda for review, one year from this date , the action
on the motion adopting the rezoning ordinance . The
motion passed unanimously.
At this point , discussion of the request for plat
approval (PA-39-84 ) ensued . It was determined that,
since the December 25th regular Commission meeting would
be cancelled, provision for the second and final reading
of the ordinance approving the plat of "Duke & Duke
Subdivision" (passed on first reading on 10/9/84) needed
to be made .
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A motion was made by Commissioner Cook, seconded by
Commissioner Adams to declare the ordinance approving
the plat of "Duke & Duke Subdivision" an emergency item.
After discussion, the motion was withdrawn .
It was generally decided to call a Special Commission j
Meeting for the second and final reading of the ;
ordinance approving the plat of "Duke & Duke
Subdivision" . To allow time for proper advertisement of r
the public hearing, the Special Meeting was scheduled
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for December 27th , 1984 , at 7 :30 p.m .
4 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT: THE E 1/2 OF THE NW
1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 34 , TOWNSHIP
50 S, RANGE 42 E, LESS THE W 150 ' THEREOF, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF C-3 AND
RD-6000 TO C-3 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 . (PR-54-84 ; property located SW of
intersection of US 1 and NW loth St . )
Mayor Byrd explained that the Building Department
reports that a site plan has still not been provided on
this item ( rezoning of Trails End property) .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to continue this item. The motion
passed unanimously.
4 .4 (PA-52-84 , For property located 1/4 mile S of Eller Dr .
and E of New Taylor Road Extension , Keith & Schnars)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA APPROVING THE
PLAT OF "PORT EVERGLADES COMMERCE CENTER" , SAME BEING
ALL OF LOTS 17 , 18 AND 19 AND A PORTION OF LOTS 14 , 15
AND 16 IN BLOCK I; AND ALL OF LOTS 16 , 17 , 18 , 19 AND
20 , AND A PORTION OF LOT 15 IN BLOCK II , RICHLAND LITTLE
FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT '
BOOK 1 , PAGE 33 , PUBLIC RECORDS OF BROWARD COUNTY, J
` FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SE
CORNER OF SAID LOT 20 , BLOCK II , THENCE ALONG THE S
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Regular Meeting 4 December 11 , 1984 IF '
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BOUNDARY OF BLOCK II , S 88DEG 04MIN 20SEC W, 900 .44 ' ;
THENCE N 02DEG 09MIN 37SEC W, 35 .00 ' ; THENCE S 88DEG
04MIN 20SEC W, 96 .21 ' TO A POINT ON THE W BOUNDARY OF
SAID LOT 15 , BLOCK II; THENCE ALONG THE W BOUNDARY OF
SAID LOT 15 , N 02DEG 02MIN 11SEC W, 176 .90 ' TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF TAYLOR ROAD
EXTENSION (AS DESCRIBED IN OFFICIAL RECORDS BOOK 11433 , R
AT PAGE 379 OF THE PUBLIC RECORDS OF BROWARD COUNTY, r
FLORIDA) BEING THE ARC OF A CURVE CONCAVE TO THE SE I[
(RADIAL LINE AT SAID POINT BEARS N 77DEG 07MIN 43SEC W) ;
THENCE NORTHEASTERLY FOR 133 .39 ' ALONG SAID RIGHT-OF-WAY
AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 2571 .21 ' ,
THROUGH A CENTRAL ANGLE OF 02DEG 58MIN 21SEC; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, TANGENT TO SAID
CURVE, N 15DEG 50MIN 38SEC E, 491 .99 ' ; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY LINE, N 21DEG 52MIN 14SEC E,
553 .05 ' TO A POINT ON THE N BOUNDARY OF SAID LOT 16 ,
BLOCK 1 ; THENCE ALONG THE N BOUNDARY OF SAID BLOCK 1 , N
88DEG 06MIN 48SEC E, 583 .89 ' TO THE NE CORNER OF SAID
LOT 19, BLOCK 1 ; THENCE ALONG THE E BOUNDARIES OF LOT
19 , BLOCK 1 AND LOT 20 , BLOCK 2, S 02DEG 02MIN 11SEC E,
1314 .06 ' TO THE POINT OF BEGINNING; CONTAINING 25 .2322
ACRES, MORE OR LESS; SAID LANDS LYING IN DANIA, BROWARD
COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON
SAID PLAT OF "PORT EVERGLADES COMMERCE CENTER" ; AND
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
9 HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE was read for second and
final reading by Mayor Byrd .
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Building Official Maxwell reported City Engineer, John
Calvin' s comments after review of the proposed Plat of
"Port Everglades Commerce Center" as follows:
1 ) The fire hydrants shown on the approved water line
plan dated 11/07/84 are not within the easement .
Easements for the hydrants should be on the plat .
2) The western water line running north-south is not
within the 15 ' utility easement shown on the plat . This
should be revised.
3) The plat shows the center line of a 24 ' access
easement and then dimensions a 10 ' FP&L easement . The
plat implies that the easement is only 10 ' wide . The
24 ' wide easement should be indicated.
Mike Covelli , of Keith & Schnars , stepped forward to
request approval of the plat of "Port Everglades
Commerce Center" . He responded to the City Engineer' s
comments .
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 Commissioner Donly, seconded by
Vice-Mayor Be: c.ino to adopt the ordinance approving the
plat of "Port Everglades Commerce Center" , upon
verification that the City Engineer' s recommendations
have been satisfied . The motion passed on the following
roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes 1
Commissioner Donly-yes
Regular Meeting 5 December 11 , 1984 3 ;
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4 .5 (PZ-58-84r Property erty located S of West Dania Beach Blvd , l
E of the C-10 Canal , W of SW llth Ave and N or Stirling i
Commercial Plat (Pag Bros . Bldrs . Inc . )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE
CITY' S CERTIFIED LAND USE PLAN MAP FROM RESIDENTIAL TO
INDUSTRIAL, ON A PARCEL OF LAND CONTAINING 20 ACRES MORE
OR LESS, BOUNDED ON THE N BY W DANIA BEACH BOULEVARD,
THE S BY NW 1ST STREET, THE E BY SW 11TH AVE AND THE W
BY THE C-10 CANAL; PROVIDING FOR SEVERABILITY; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE was read for second and
final reading by Mayor Byrd .
Commissioner Cook stated for the record that she has a
financial interest in this item.
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
j Commissioner Adams to adopt the ordinance amending the
land use plan map on second and final reading . The
motion passed on the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-abstain Mayor Byrd-yes
_.. Commissioner Donly-yes
4 .6 (PR-56-84 , Property located E of I-95 , W of Dania
Cut-off Canal and N of Griffin Road, Joel K. Gustafson)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO-WIT: THE SE 1/4 OF THE SE
1/4 OF THE SW 1/4 , OF SECTION 28 , TOWNSHIP 50 Sr RANGE
42 E; ALSO DESCRIBED AS TRACT 1 OF BLOCK 3 OF MARSHALL
EVERGLADES LAND COMPANY SUBDIVISION, IN SECTION
28-50-42 , ACCORDING TO THE PUBLIC RECORDS OF DADE
:n.aa COUNTY, FLORIDA; SAID LANDS LYING AND BEING IN BROWARD
COUNTY, FLORIDA, LESS THAT PART OF TRACT 1 IN BLOCK 3 IN
THE SW 1/4 OF SECTION 28-50-42 ACCORDING TO THE "PLAT OF
SECTIONS 28 ,29 ,31 & 32" AS SHOWN IN PLAT BOOK 2 AT PAGE ,
32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
SE CORNER OF SAID SW 1/4 OF SECTION 28 , THENCE N O1DEG
42MIN 29SEC W ALONG THEE LINE OF SAID SW 1/4 OF SECTION
28 , A DISTANCE OF 145 .62' ; THENCE S BSDEG 17MIN 31SEC W,
PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE
OF 10 ' TO THE POINT OF BEGINNING; THENCE S 01DEG 42MIN
29SEC E, ALONG A LINE 10 ' W OF AND PARALLEL WITH SAID E
LINE OF THE SW 1/4 OF SECTION 28 , A DISTANCE OF 135 .77 ' ;
S THENCE S 87DEG 25MIN 24SEC W, ALONG THE N EXISTING R/W
LINE OF GRIFFIN ROAD. BEING 10 'N OF AND PARALLEL WITH
THE S LINE OF SAID SECTION 28 , A DISTANCE OF 662 .37 ' ;
THENCE N O1DEG 39MIN 52SEC W, A DISTANCE OF 91 .07 ' TO
THE BEGINNING OF A CURVE CONCAVE S ; THENCE SE ALONG SAID
CURVE HAVING A RADIUS OF 2370 .33 ' , A CENTRAL ANGLE OF
02DEG 34MIN 59SEC FOR AN ARC DISTANCE OF 106 .86 ' TO THE
END OF SAID CURVE AND THE BEGINNING OF A CURVE CONCAVE N
HAVING A TANGENT BEARING OF S 87DEG 29MIN OBSEC E; C
THENCE SE ALONG SAID CURVE HAVING A RADIUS OF 2213.33 ' ,
A CENTRAL ANGLE OF 02DEG 39MIN 26SEC FOR AN ARC DISTANCE
OF 102 .65 ' TO THE END OF SAID CURVE AND THE BEGINNING OF
A CURVE CONCAVE NW HAVING A TANGENT BEARING OF N 89DEG
51MIN 26SEC E; THENCE NE ALONG SAID CURVE HAVING A
RADIUS OF 210 ' , A CENTRAL ANGLE OF 20DEG 56MIN 17SEC FOR
AN ARC DISTANCE OF 76 .74 ' TO THE END OF SAID CURVE;
December 11 , 1984
Regular Meeting 6
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r THENCE N 68 DEG 55MIN 09SEC E, A DISTANCE OF 110 ' TO THE
BEGINNING OF A CURVE CONCAVE SE, THENCE NE AND E ALONG
SAID CURVE HAVING A RADIUS OF 250 ' ; A CENTRAL ANGLE OF
18DEG 30MIN 15SEC FOR AN ARC DISTANCE OF 80 .74 ' ; THENCE
N 87DEG 25MIN 24SEC E, ALONG A LINE 145 .75 ' N OF AND
PARALLEL WITH SAID S LINE OF SECTION 28 , A DISTANCE OF
194 .72 ' TO THE POINT OF BEGINNING, CONTAINING 1 .640
ACRES, MORE OR LESS . A PART OF LOT 12 OF BLOCK 4 OF
SECTION 28 , OF PLAT OF SECTIONS 28 ,29 ,31 AND 32 ,
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TOWNSHIP 50 S, RANGE 42 E, AS RECORDED IN PLAT BOOK 2 AT I
PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF
SAID LOT 12 , BEING 10 ' N OF AND 10 ' E OF THE S 1/4
CORNER OF SAID SECTION 28 ; THENCE ON AN ASSUMED BEARING
N, ALONG THE W LINE OF SAID LOT 12 A DISTANCE OF 146 .33 '
TO THE POINT OF BEGINNING; THENCE CONTINUE N ALONG THE
SAID W LINE A DISTANCE OF 166 .43' ; THENCE N 72DEG O1MIN
45SEC E, FOR 104 ' , MORE OR LESS , TO THE SW BANK OF THE
DANIA CUT-OFF CANAL; THENCE SE ALONG SAID BANK A
DISTANCE OF 182 .5 ' , MORE OR LESS; THENCE S 64DEG SMIN
09SEC W, FOR 111 ' , MORE OR LESS; THENCE S 89DEG 7MIN
30SEC W, FOR 105 .78 ' TO THE POINT OF BEGINNING, SAID
LANDS SITUATE WITHIN BROWARD COUNTY FLORIDA; ALSO
COMMENCING AT THE SW CORNER OF LOT 12 , BLOCK 4 , SECTION
28 , WHICH POINT IS 10 ' N AND 10 ' E OF SW CORNER OF THE
SE 1/4 OF SECTION 28 , TOWNSHIP 50 S, RANGE 42 E, THENCE
j RUN N ALONG THE W LINE OF SAID LOT 12 WHICH LINE IS 10 '
E OF AND PARALLEL TO THE N AND S CENTER LINE OF SAID
SECTION 28 FOR A DISTANCE OF 319 .79 ' TO A POINT OF
BEGINNING. THENCE, RUN NE ALONG A LINE WHICH FORMS A j
DEFLECTION ANGLE OF 72DEG 1MIN 45SEC TO THE RIGHT OF
PROLONGATION OF THE LAST DESCRIBED COURSE FOR A DISTANCE
OF 103 ' MORE OR LESS TO THE SW BANK OF THE DANIA CUT-OFF
CANAL, THENCE RUN NW ALONG THE SAID SW BANK OF DANIA w-
CUT-OFF CANAL FOR A DISTANCE OF 163 ' MORE OR LESS AT A
POINT OF INTERSECTION WITH AFORESAID LINE OF SAID LOT
12, THENCE RUN S ALONG SAID W LINE OF LOT 12 FOR A
DISTANCE OF 163 ' MORE OR LESS TO THE POINT OF BEGINNING
AND CONTAINING 0 .183 ACRES MORE OR LESS, TOGETHER WITH
AN EASEMENT OVER AND ACROSS THAT CERTAIN ROAD
RIGHT-OF-WAY WHICH LIES PARALLEL TO THE W LINE ON THE SE
1/4 OF SECTION 28 , TOWNSHIP 50 S, RANGE 42 E, SAID
RIGHT-OF-WAY BEING 10 ' IN WIDTH . SAID LANDS SITUATE,
LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA, FROM ZONING CLASSIFICATION OF M-2 TO C-3 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 was read for second and
final reading by City Manager Marant and City Attorney
Adler.
Building Official Maxwell explained the request to
rezone from M- 2 to C-3 for purposes of building a hotel I
on the property . He stated that this will use the 20%
flexibility zone in that area and that the Planning &
Zoning Board recommends approval .
Mayor Byrd 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 Donly, seconded by
Commissioner Adams to adopt the rezoning ordinance on
second and final reading . The motion passed on the
following roll call vote:
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Regular Meeting 7 December 11 , 1984
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Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
A motion was then made by Vice-Mayor Bertino, seconded
by Commissioner Adams to direct Administration to agenda
this item 12 months from this date to review progress
made . The motion passed unanimously .
4 .7 (PR-45-84 , Property located N/o Stirling Rd . and E/o
I-95 , David , Trustee)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS , TO WIT: LOTS 7 THRU 17 , BLOCK
1 OF "DOUGLAS HILL" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 12 , PAGE 45 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, LESS THE S 28 ' OF LOTS 11 ,
12, 13 , AND 14 , BLOCK 1 , AND LESS THE E 5 ' OF LOT 11;
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY,
FLORIDA, FROM ZONING CLASSIFICATION OF RSO AND R-2 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 REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE was read for second and final reading by Mayor
Byrd .
j Mayor Byrd opened the public hearing . Hearing no one
speak in favor or opposition, the Mayor closed the b
1 public hearing .
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 C
:a,a! Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
4 .8 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING
ARTICLE 5 .22 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA, FLORIDA, TO PROVIDE CHANGES IN HEIGHT
REGULATIONS AND AMENDING ARTICLE 6 .21 OF CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO
PROVIDE CHANGES IN THE OFF-STREET PARKING REQUIREMENTS;
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 was read for second and
j final reading by Mayor Byrd .
Building Official Maxwell recited sections 5 .22 and 6 .21
and described the permitted exceptions to height
regulations for buildings in C-1 and C-2 districts and
the changes to parking requirements provided by the
proposed ordinance . He reported that the Planning and
Zoning Board recommends approval .
Mayor Byrd opened the public hearing . Bob Mikes and
Vincent Carroll spoke in opposition , commenting on the
commercial megastructure interests overriding the
residential interests , the negative impact on `
I trafficways and neighboring city zoning, and emphasizing
L the loss of Commission control over site development .
Wilson Atkinson, Attorney, also spoke in opposition,
specifically evaluating the loopholes a potential
developer can find in the ordinance . He suggested that
4
Regular Meeting 8 December 11, 1984
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the ordinance be redrafted, tying in to a special
1
exception to ensure control over site plans .
I
A.J . Ryan, Attorney, spoke in favor, responding to the
negative comments by pointing out that all the controls k
that are provided under the Department of Regional 1
Impact for anything over 300 ,000 square feet and that
the City' s other related ordinances ( landscaping, etc . )
would still be in effect. He pointed out the safeguards
in specific language of the ordinance and commented on
the benefits to be derived by the City by the passage of
the ordinance . After allowing Mr. Atkinson and Mr . Ryan
rebuttal privileges, the Mayor closed the public
hearing .
After discussion, pro and con, a motion was made by
Vice-Mayor Bertino, seconded by Commissioner Adams to
continue this item until the next regular meeting of
January 8 , 1985 , and in the interim to direct the
Building Official to completely review the language of
the ordinance and advise the Commission of any pitfalls
or problems that could arise .
i
The motion passed .
f
� 4 .9 (EMERGENCY ORDINANCE DUE TO TIME FRAME OF IMPLEMENTATION
BY JANUARY 1 , 1985 , Recommended by Pension Board)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
ORDINANCE #268 ; DEFINING THE TERM "ACTUARIAL
EQUIVALENCE" , DELETING THE REQUIREMENTS THAT 70 YEAR OLD
EMLOYEES RECEIVE AUTHORIZATION TO CONTINUE IN
EMPLOYMENT; INCLUDING MAXIMUM BENEFIT LIMITATIONS OF IRS V-.
CODE SECTION 415 ; INCLUDING DISTRIBUTION RULES
PROMULGATED BY THE 1982 AND 1984 FEDERAL TAX REFORM
LAWS; PROVIDING FOR THE CITY' S PICK UP OF MEMBER
CONTRIBUTIONS PURSUANT TO IRS CODE SECTION 414 (h) (2 ) ;
REPEALING ALL ORDINANCES OR PARTS OF ALL ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE was read
by City Attorney Adler .
A motion was made by Commissioner Donly, seconded by
Commissioner Cook to declare this ordinance an emergency
item. The motion passed unanimously .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to adopt the emergency ordinance
amending Ordinance #268 . The motion passed on the
following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
1
Commissioner Donly-yes
sSpecial Exceptions '
4 .10 PZ-60-84 , First American Service Corp, 701-725 South �f
3 Federal Highway
Thomas Gallagher stepped forward to request a special [[
exception to allow the operation of a quick oil change
service in a C-3 zoning classification, stating that the
existing buildings will be demolished and replaced with
a pre-fab steel construction, and that no major repairs
will be done and no gasoline sold there .
Building Official Maxwell reported that the Planning & Y
I Zoning Board recommends approval of this request
contingent upon the property being platted and the
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Regular Meeting 9 December 11 , 1984
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rights-of-way on Federal Hw
dedicated. Y• and on 7th Street being
Mayor Byrd opened the public hearing .
Gallagher' s response to a resident' s concerns gabout
ecology by stating that the used oil will be contained
in tanks and removed from the premises by truck, the
Mayor closed the public hearing.
A motion was made by Commissioner Adams, seconded by f
Commissioner Donly to grant the special exception to
First American Service Corp. contingent upon the
property being platted and the rights-of-way being
dedicated, and to include the provision that no gasoline
will be sold there and that, upon the determination of
the City that there is a noise problem, the City can
demand that a noise barrier be put up or special
exception revoked . The motion passed on the following
roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes
j Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
i
4 .11 PZ-61-84 , George L. Farmer & Associates , P.A. , vacant
I property generally located on the West side Of SE 2nd
i
Avenue, between SE 8th Street & SE loth Street
Due to a procedural problem, a motion was made by
` i Vice-Mayor Bertino, seconded by Commissioner Donly to
continue this item until the next regular meeting of "
January 8 , 1985 . The motion passed unanimously.
Variances
4 .12 PZ-62-84 , George L. Farmer & Associates, P.A. , vacant
property generally located on the West side Of SE 2nd
Avenue , between SE 8th Street & SE loth Street
Due to a procedural problem, a motion was made by
Vice-Mayor Bertino, seconded by Commissioner Donly to
«.Ad' continue this item until the next regular meeting of
January 8 , 1985 . The motion passed unanimously.
5 . SITE PLANS
5 .1 SP-15-84 , Duke and Duke Development, Inc . for property
at 1966 Stirling Road. Stirling Professional Center
Subdivision .
Walter Duke stepped forward to request site plan
approval for the construction of a Decorator Showroom
Warehouse in an M-1 zoning classification .
i A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to grant site plan approval to Duke &
Duke Development Inc . The motion passed unanimously. E
6 . RESOLUTIONS LI
6 .1 A RESOLUTION ESTABLISHING FILING DATES AND PROVIDING FORTHE !f6
CITYCOFLING DANIA,]D HOLDING OF A PRIMARY FLORIDA, ON TUESDAY,, FEBRUARYN12,' 1985 ,
THE
E
FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE
VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY
MARCH , N
REPEALING ALL
ANDTPROVIDINGA
RTS
OF THAT
THIS RESOLUTION SHALL BECOME EFFECTIVE AS OF THE DATE OF
ITS PASSAGE AND ADOPTION.
A motion was made by Commissioner Cook, seconded by
Commissioner Donly to adopt the resolution . The motion
passed on the following roll call vote:
i v
I Regular Meeting 10
f'- December 11 , 1984
i � 1
j
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
ADDENDUM ITEM:
7 . PURCHASES )
7 .1 REQUEST TO PURCHASE FIVE 1985 DODGE DIPLOMAT POLICE
VEHICLES FROM PEACOCK DODGE OF DAYTONA BEACH, FLORIDA,
IN THE AMOUNT OF $9 ,497 .90 EACH FOR A TOTAL OF j
$47 ,489 .50 OFF OF STATE CONTRACT BID #136-070-00-H.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly to authorize the expenditure of
$47 ,489 .50 to purchase five 1985 Dodge Diplomat police
vehicles from Peacock Dodge off of State Contract Bid
#136-070-00-H.
ADDENDUM ITEM:
8 . DISCUSSION
8 .1 REQUEST BY CARROUSEL CONCESSIONS, INC . , TO SUBLET
CERTAIN RIGHTS AS PER THEIR LEASE AGREEMENT FOR THE
i
DANIA BEACH GRILL.
City Manager Marant explained the request by Carrousel
Concessions , Inc . , under their rights as lessee of the
Dania Beach Grill , to sublease their rights to an
operator of sailboard and sailing craft rentals . He
stated that he has requested City Attorney Adler to
advise the Commission regarding insurance i .e . , whether
the lessee or the sublessee should provide the insurance
j and what amount .
City Attorney Adler advised that Carrousel Concessions,
Inc . , as primary lessee , should provide the insurance .
A motion was made by Commissioner Cook, seconded by
Commissioner Adams to approve the request by Carrousel
Concessions, Inc . with the understanding that Carrousel
Concessions, Inc . furnish the proper insurance and
anything else deemed pertinent by City Manager and City
Attorney to execute the agreement.
The motion was withdrawn, Commissioner Donly commenting
in opposition to granting the request .
A motion was then made by Commissioner Cook, seconded by
Commissioner Adams to continue Carrousel Concessions,
j request until the next regular meeting of January 8 ,
j 1985 , and in the interim to have City Attorney Adler
Id review the lease and report to the Commission . The
motion passed unanimously.
* (At this time agenda item 2 .1 was addressed . )
9 . ADMINISTRATIVE REPORTS
9 .1 CITY MANAGER MARANT reported the request by Fire Chief
Jewell for authority to spend up to $10 ,000 .00 for
emergency repairs to the aerial fire truck damaged by
being struck by a van.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly to declare this item an emergency.
The motion passed unanimously.
A motion was made by Vice-Mayor Bertino, seconded by s
Commissioner Donly to authorize the expenditure of
x,
N Regular Meeting 11 December 11 , 1984
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funds , without advertising for bid for eme
rgency
repairs not to exceed $10 ,000 .00 , to the aerial fire
truck.
i
The motion passed unanimously.
City Manager Marant reported that the cost to the City
of fighting the recent fire on County land near the
airport to date is approximately $20 ,000 .00 and he is k
seeking relief .
I
9 .2 CITY ATTORNEY ADLER reminded the Commission that a
decision needed to be made re the December 25th meeting .
A motion was made by Commissioner Cook, seconded by
Commissioner Donly to cancel the Commission meeting
scheduled for December 25 , 1984 . The motion passed
unanimously.
10 . COMMISSIONERS COMMENTS
10 .1 COMMISSIONER ADAMS commented on citizens' complaints
about train noise and suggested the City adopt an
j ordinance prohibiting blowing of train whistles late at
J night ,
1
Commissioner Adams announced that he will run for
reelection to the City Commission .
i
10 .2 COMMISSIONER COOK - no comment . w-.
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10 .3 COMMISSIONER DONLY - no comment .
10 .4 VICE-MAYOR BERTINO - no comment .
I
10 .5 MAYOR BYRD - no comment .
11 . CITIZENS' COMMENTS
No verbal or written requests for citizens' comments for this
night' s meeting were received .
The Commissioners extended Holiday Greetings to everyone . This
Regular Commission Meeting was then adjourned .
I
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lX ILL,
MAYOR-COMMISSIONERf
�fTY CLERK-AUDITOR
Wj
' Regular Meeting 12 December 11 1984 ' vV
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FORM �` AEMORANDUM OF VOTING CORD N�IC7
1 AST S IE FIRST/NAME—M DULE NME
/�. i�/ THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMIrTBF ON
������✓✓✓ \J x)A� WHICH I SERE IS A UNH OF,
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WHO MUST FILE FORM 4
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his form is for use by any person serving on either an appointed or elected bo,rd, council, commission, authority, or committee.
A hether Nlate or local, and it applies equally to members of advisory and non-advisory hudies who are faced with a voting conflict of
aaclest
\N the soting conflict requirements for public officers at the local level differ from file requirements fin state officers,this form is divided
Into tW O pans: PART A is for use by persons serving on local boards(municipal, county,special tax districts,etc.), while PA RT B is
prescribed for all other boards, i.e., those at the state level.
\R f C of the form contains instructions as to when and where this form r„ust be filed.
I
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
(Required by Section 112.3143(3), Florida S(JtIIICS (Supp 1984) ]
1
I
I he Code of Ethics for Public Officers and Employees PROHIBITS each municipal, rounty, and other loca!pubUr oJfwer FROM I
\ OTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
i knuwingly voting in his official capacity upon any measure which inures to tuc special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. i
In any such case a local public officer must disclose the,conflict:
I
"•' pit'nRTO THE VOTE BEING TAKEN bypubliclystatingtotheassembl} the natureofhisinterestinthematteronWhichheis I 1
abstaining from voting; and
I i
�hI \VI I HIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below,
\01F Commissioners of a Community Redevelopment Agency created ordesignatcd pursuant to Section 163.356or Section 163.35%,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
s sting. In such cases, however, the oral and written disclosure of this part must be madded ,
1, the undersigned local public officer, hereby disclose that o 19
i
'el I abstained from voting on a matter which (check one):
inured to my special private gain; or
- .- inured to the special gam of _ ----------_.--- -----__----- • by whom I am rct'lDu•d.
I I R NI 4 RI \ I0-84 IYLF
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 11 , 1984
8 : 00 P.M.
INVOCATION -
PLEDGE OF ALLEGIANCE
ROLL CALL
1 . CONSENT AGENDA
Minutes
1 . 1 Regular meeting, October 23, 1984
1 . 2 Regular meeting, November 13, 1984
1 . 3 Regular meeting, November 27, 1984
BiLLs
1 . 4 October, 1984
Ordinances ( First Reading)
1 . 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT
OF "BRYAN OAKS", SAME BEING THE NORTH 295 FEET OF THE EAST
660 FEET OF THE NW 1 /4 OF THE SE 1 /4 OF SECTION 33, TOWNSHIP
50 SOUTH, RANGE 42 EAST; SAID LANDS LYING IN DANIA, BROWARD
# COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE
OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF
"BRYAN OAKS"; 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 . (PZ-59-84; 180 Bryan Road)
1 . 6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO WIT : THAT PART OF THE N 112 OF THE NW 1 /4 OF
THE SE 1 /4 OF SECTION 3, TOWNSHIP 51 S, RANGE 42 E, DESCRIBED AS
FOLLOWS : BEGIN AT A POINT ON THE S LINE OF THE N 1 /2 OF THE NW
1 /4 OF THE SE 1 /4 OF SAID SECTION 3 WHICH IS LOCATED 509 FEET E OF
THE SW CORNER OF SAID N 1 /2 OF THE NW 1 /4 OF THE SE 1 /4 THENCE,
RUN E ALONG THE S LINE OF SAID N 112 OF THE NW 1 /4 OF THE SE 1 /4 A
DISTANCE OF 1711 , MORE OR LESS, TO WESTERLY RIGHT-OF-WAY LINE OF
SE 2ND AVE; THENCE, RUN N ALONG SAID WESTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 2941 ; THENCE, RUN W PARALLEL TO THE S LINE OF SAID N
112 OF THE NW 1 /4 OF THE SE 1 /4 A DISTANCE OF 1591 , MORE OR LESS,
TO A POINT WHICH IS 509 ' E OF THE W LINE OF SAID N 112 OF THE NW t
1 /4 OF THE SE 1 /4; THENCE, RUN S PARALLEL TO THE W LINE OF SAID N
112 OF THE NW 1 /4 OF THE SE 1 /4 DISTANCE OF 294 ' TO THE POINT OF
BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF
RD-6000 TO RM 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 . (PZ-63-84; SE 2nd Ave, between 8th & 10th St)
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2. PRESENTATION
2 . 1 Appearance by Richard "Alan" Molinary
3. BIDS - NONE
4. PUBLIC HEARING
Ordinances (Second and Final Reading)
i 4 . 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE CITY ' S
CERTIFIED LAND USE PLAN MAP FROM AGRICULTURAL, RESIDENTIAL/
i COMMERCIAL AND INDUSTRIAL TO COMMERCIAL, ON A PARCEL OF LAND
CONTAINING 15 . 23 ACRES MORE OR LESS, BOUNDED ON THE NORTH BY WEST
DANIA BEACH BOULEVARD, THE SOUTH BY STIRLING ROAD, THE EAST BY SW
18TH AVE, AND THE WEST BY I-95; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE . (PZ-43/A-84)
4 . 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO WIT: THAT PORTION OF THE E 112 OF THE SE 1 /4
OF THE SW 1 /4, LESS THE S 193 ' OF THE W 1 /2 OF THE E 1 /2 OF THE SE
1 /4 OF SAID SW 1 /4, LYING E OF THE E RIGHT-OF-WAY LINE OF STATE
ROAD NO. 9 (I-95 ) , AND LYING N OF THE N RIGHT-OF-WAY LINE OF
STIRLING ROAD, IN SECTION 33, TOWNSHIP 50 S, RANGE 42 E, BROWARD
COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN THE CITY
OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATIONS
R-2, A-1 , A-5 AND RSO TO C-2 ZONING CLASSIFICATION UNDER THE
PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS tir
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 . (PZ-43/B-84)
4. 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO-WIT : THE E 1 /2 OF THE NW 1 /4 OF THE NE 1 /4 OF
THE NW 1 /4 OF SECTION 34, TOWNSHIP 50 S, RANGE 42 E, LESS THE W
150 ' THEREOF, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF C-3
AND RD-6000 TO C-3 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 . (PR-54-84; property located SW of intersection of
US 1 and NW 10th St)
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4 . 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA APPROVING THE PLAT OF
"PORT EVERGLADES COMMERCE CENTER", SAME BEING ALL OF LOTS 17, 18
AND 19 AND A PORTION OF LOTS 14, 15 AND 16 IN BLOCK 1 ; AND ALL OF
LOTS 16, 17, 18, 19 AND 20, AND A PORTION OF LOT 15 IN BLOCK 2,
RICHLAND LITTLE FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 1 , PAGE 33, PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS : BEGINNING AT THE SE CORNER OF SAID
LOT 20, BLOCK 2, THENCE ALONG THE S BOUNDARY OF BLOCK 2, S 88DEG
04MIN 20SEC W, 900. 44 ' ; THENCE N 02DEG 09MIN 37SEC W, 35 . 001;
THENCE S 88DEG 04MIN 20SEC W, 96. 21 ' TO A POINT ON THE W BOUNDARY
OF SAID LOT 15, BLOCK 2; THENCE ALONG THE W BOUNDARY OF SAID LOT
15, N 02DEG 02MIN 11SEC W, 176. 90 ' TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF TAYLOR ROAD EXTENSION (AS DESCRIBED IN
OFFICIAL RECORDS BOOK 11433, AT PAGE 379 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA) BEING THE ARC OF A CURVE CONCAVE TO THE
SE (RADIAL LINE AT SAID POINT BEARS N 77DEG 07MIN 43SEC W) ; THENCE
NORTH-EASTERLY FOR 133 . 39 ' ALONG SAID RIGHT-OF-WAY AND THE ARC OF
SAID CURVE, HAVING A RADIUS OF 2571 . 21 ' , THROUGH A CENTRAL ANGLE
OF 02DEG 58MIN 21SEC; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, TANGENT TO SAID CURVE, N 15DEG 50MIN 38SEC E, 491 . 99 ' ;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N 21DEG 52MIN
14SEC E, 553. 05 ' TO A POINT ON THE N BOUNDARY OF SAID LOT 16,
BLOCK 1 ; THENCE ALONG THE N BOUNDARY OF SAID BLOCK 1 , N 88DEG
06MIN 48SEC E, 583. 89 ' TO THE NE CORNER OF SAID LOT 19, BLOCK 1 ;
THENCE ALONG THE E BOUNDARIES OF LOT 19, BLOCK 1 AND LOT 20, BLOCK
2, S 02DEG 02MIN 11SEC E, 1314 . 06 ' TO THE POINT OF BEGINNING;
E' CONTAINING 25 . 2322 ACRES, MORE OR LESS; SAID LANDS LYING IN DANIA,
BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF
PORT EVERGLADES COMMERCE CENTER"; 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 . (PA-52-84 property
Located 1 /4 mile S of Eller Dr . and E of New Taylor Road
Extension)
4 . 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE CITY 'S
CERTIFIED LAND USE PLAN MAP FROM RESIDENTIAL TO INDUSTRIAL, ON A
PARCEL OF LAND CONTAINING 20 ACRES MORE OR LESS, BOUNDED ON THE N
BY W DANIA BEACH BOULEVARD, THE S BY NW 1ST STREET, THE E BY SW i 11TH AVE AND THE W BY THE C-10 CANAL; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. (PZ-58-84; property Located S of West Dania Beach
B (vd, E of the C-10 Canal, W of SW 11th Ave and N or Stirling
Commercial Mart)
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4. 6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO-WIT : THE SE 1 /4 OF THE SE 1 /4 OF THE SW 1 /4,
OF SECTION 28, TOWNSHIP 50 S, RANGE 42 E; ALSO DESCRIBED AS TRACT
1 OF BLOCK 3 OF MARSHALL EVERGLADES LAND COMPANY SUBDIVISION, IN
SECTION 28-50-42, ACCORDING TO THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; SAID LANDS LYING AND BEING IN BROWARD COUNTY, FLORIDA,
LESS THAT PART OF TRACT 1 IN BLOCK 3 IN THE SW 1 /4 OF SECTION
28-50-42 ACCORDING TO THE "PLAT OF SECTIONS 28, 29, 31 8, 32" AS
SHOWN IN PLAT BOOK 2 AT PAGE 32 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE SE CORNER OF SAID SW 1 /4 OF SECTION 28, THENCE N
01DEG 42MIN 29SEC W ALONG THE E LINE OF SAID SW 1 /4 OF SECTION 28,
A DISTANCE OF 145 . 621 ; THENCE S 88DEG 17MIN 31SEC W, PERPENDICULAR
TO THE LAST DESCRIBED COURSE, A DISTANCE OF 10 ' TO THE POINT OF
BEGINNING; THENCE S 01DEG 42MIN 29SEC E, ALONG A LINE 10 ' W OF AND
PARALLEL WITH SAID E LINE OF THE SW 1 /4 OF SECTION 28, A DISTANCE
OF 135 . 77 ' ; THENCE S 87DEG 25MIN 24SEC W, ALONG THE N EXISTING R/W
LINE OF GRIFFIN ROAD . BEING 10 ' N OF AND PARALLEL WITH THE S LINE
OF SAID SECTION 28, A DISTANCE OF 662 . 37 ' ; THENCE N 01DEG 39MIN
52SEC W, A DISTANCE OF 91 .07 ' TO THE BEGINNING OF A CURVE CONCAVE
S; THENCE SE ALONG SAID CURVE HAVING A RADIUS OF 2370 . 331 , A
CENTRAL ANGLE OF 02DEG 34MIN 59SEC FOR AN ARC DISTANCE OF 106. 86 '
TO THE END OF SAID CURVE AND THE BEGINNING OF A CURVE CONCAVE N
HAVING A TANGENT BEARING OF S 87DEG 29MIN 08SEC E; THENCE SE ALONG
SAID CURVE HAVING A RADIUS OF 2213 . 33 ' , A CENTRAL ANGLE OF 02DEG
39MIN 26SEC FOR AN ARC DISTANCE OF 102. 65 ' TO THE END OF SAID
}; CURVE AND THE BEGINNING OF A CURVE CONCAVE NW HAVING A TANGENT
BEARING OF N 89DEG 51MIN 26SEC E; THENCE NE ALONG SAID CURVE
HAVING A RADIUS OF 210 ' , A CENTRAL ANGLE OF 20DEG 56MIN 17SEC FOR r
AN ARC DISTANCE OF 76. 74 ' TO THE END OF SAID CURVE; THENCE N 68
DEG 55MIN 09SEC E, A DISTANCE OF 110 ' TO THE BEGINNING OF A CURVE
CONCAVE SE, THENCE NE AND E ALONG SAID CURVE HAVING A RADIUS OF
250 ' ; A CENTRAL ANGLE OF 18DEG 30MIN 15SEC FOR AN ARC DISTANCE OF
80. 74 ' ; THENCE N 87DEG 25MIN 24SEC E, ALONG A LINE 145 . 75 ' N OF
AND PARALLEL WITH SAID S LINE OF SECTION 28, A DISTANCE OF 194. 72 '
TO THE POINT OF BEGINNING, CONTAINING 1 . 640 ACRES, MORE OR LESS .
A PART OF LOT 12 OF BLOCK 4 OF SECTION 28, OF PLAT OF SECTIONS
28, 29,31 AND 32, TOWNSHIP 50 S, RANGE 42 E, AS RECORDED IN PLAT
BOOK 2 AT PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
BEING DESCRIBED AS FOLLOWS : COMMENCE AT THE SW CORNER OF SAID LOT
12, BEING 10 ' N OF AND 10 ' E OF THE S 1 /4 CORNER OF SAID SECTION
28; THENCE ON AN ASSUMED BEARING N, ALONG THE W LINE OF SAID LOT
12 A DISTANCE OF 146. 33 ' TO THE POINT OF BEGINNING; THENCE
CONTINUE N ALONG THE SAID W LINE A DISTANCE OF 166. 43 ' ; THENCE N
72DEG 01MIN 45SEC E, FOR 1041 , MORE OR LESS, TO THE SW BANK OF THE
DANIA CUT-OFF CANAL; THENCE SE ALONG SAID BANK A DISTANCE OF
182 . 5 ' , MORE OR LESS; THENCE S 64DEG 5MIN 09SEC W, FOR 1111 , MORE
OR LESS; THENCE S 89DEG 7MIN 30SEC W, FOR 105. 78 ' TO THE POINT OF
BEGINNING, SAID LANDS SITUATE WITHIN BROWARD COUNTY FLORIDA; ALSO
COMMENCING AT THE SW CORNER OF LOT 12, BLOCK 4, SECTION 28, WHICH
POINT IS 10 ' N AND 10 ' E OF SW CORNER OF THE SE 1 /4 OF SECTION 28,
TOWNSHIP 50 S, RANGE 42 E, THENCE RUN N ALONG THE W LINE OF SAID
LOT 12 WHICH LINE IS 10 ' E OF AND PARALLEL TO THE N AND S CENTER
LINE OF SAID SECTION 28 FOR A DISTANCE OF 319. 79 ' TO A POINT OF
BEGINNING. THENCE, RUN NE ALONG A LINE WHICH FORMS A DEFLECTION
ANGLE OF 72DEG 1MIN 45SEC TO THE RIGHT OF PROLONGATION OF THE LAST
Continued. . .
PAGE 4 of 7
1 Continued, Public Hearing 4 . 6. . .
DESCRIBED COURSE FOR A DISTANCE OF 103 ' MORE OR LESS TO THE SW
BANK OF THE DANIA CUT-OFF CANAL, THENCE RUN NW ALONG THE SAID SW
BANK OF DANIA CUT-OFF CANAL FOR A DISTANCE OF 163 ' MORE OR LESS AT
A POINT OF INTERSECTION WITH AFORESAID LINE OF SAID LOT 12, THENCE
RUN S ALONG SAID W LINE OF LOT 12 FOR A DISTANCE OF 163 ' MORE OR
LESS TO THE POINT OF BEGINNING AND CONTAINING 0. 183 ACRES MORE OR
LESS, TOGETHER WITH AN EASEMENT OVER AND ACROSS THAT CERTAIN ROAD
RIGHT-OF-WAY WHICH LIES PARALLEL TO THE W LINE ON THE SE 1 /4 OF
SECTION 28, TOWNSHIP 50 S, RANGE 42 E, SAID RIGHT-OF-WAY BEING 10 '
IN WIDTH. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATIONS OF M-1
TO C-3 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
j RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE . (PR-56-84; property Located E of I-95, W of Dania
! Cut-off CanaL and N of Griffin Road)
4. 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING
DESCRIBED LANDS, TO WIT : LOTS 7 THRU 17, BLOCK 1 OF "DOUGLAS
HILL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12,
PAGE 45 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE
S 28 ' OF LOTS 11 , 12, 13 AND 14, BLOCK 1 , AND LESS THE E 5 ' OF LOT
11 ; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY,
FLORIDA, FROM ZONING CLASSIFICATION OF RSO AND R-2 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 REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE .
(PZ-45-84; located North of Stirling Road, East of I-95)
t
4. 8 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 5 . 22
OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA, TO PROVIDE CHANGES IN HEIGHT REGULATIONS AND AMENDING
ARTICLE 6. 21 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY
OF DANIA, FLORIDA, TO PROVIDE CHANGES IN THE OFF-STREET PARKING
REQUIREMENTS; 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 . 9 (EMERGENCY ORDINANCE DUE TO TIME FRAME OF IMPLEMENTATION BY
JANUARY 1, 1985 . )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE
N268; DEFINING THE TERM "ACTUARIAL EQUIVALENCE", DELETING THE
REQUIREMENTS THAT 70 YEAR OLD EMLOYEES RECEIVE AUTHORIZATION TO
CONTINUE IN EMPLOYMENT; INCLUDING MAXIMUM BENEFIT LIMITATIONS OF
IRS CODE SECTION 415; INCLUDING DISTRIBUTION RULES PROMULGATED BY
THE 1982 AND 1984 FEDERAL TAX REFORM LAWS; PROVIDING FOR THE
CITY ' S PICK UP OF MEMBER CONTRIBUTIONS PURSUANT TO IRS CODE
SECTION 414 ( h) (2) ; REPEALING ALL ORDINANCES OR PARTS OF ALL
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE . (Recommended by
Pension Board)
PAGE 5 of 7
1
Special Exceptions
i
4 . 10 PZ-60-84, First American Service Corp, 701 -725 South Federal
Highway
4. 11 PZ-61 -84, George L. Farmer & Associates, P. A. , vacant property
generally located on the West side of SE 2nd Avenue, between SE
8th Street & SE 10th Street
Variances
4 . 12 PZ-62-84, George L. Farmer & Associates, P. A . , vacant
ty
generally located on the West side of SE 2nd Avenue, between SE8th Street & SE 10th Street
5. SITE PLANS
5 . 1 SP-15-84, Duke and Duke Development, Inc . for property at 1966
Stirling Road. StirLinq Professional Center Subdivision.
6. RESOLUTIONS
6. 1 A RESOLUTION ESTABLISHING FILING DATES AND PROVIDING FOR THE
CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA,
FLORIDA, ON TUESDAY, FEBRUARY 12, 1985, FOR THE PURPOSE OF
NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL
ELECTION TO BE HELD ON TUESDAY MARCH 12, 1985, AND REPEALING ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE AS OF THE
DATE OF ITS PASSAGE AND ADOPTION.
7. PURCHASES
8. DISCUSSION
9. ADMINISTRATIVE REPORTS
9. 1 City Manager
9. 2 City Attorney
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i PAGE 6 of 7
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10. COMMISSION COMMENTS
10. 1 Commissioner Adams
10. 2 Commissioner Cook
10. 3 Commissioner Donly
10. 4 Vice Mayor Bertino
10. 5 Mayor Byrd
11 . 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 ) Tuesdays 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 citizens (s) or
party will be asked to address the City Commission during the
meeting . **Emergencies may be given to the Mayor, a City
Commissioner or the City Manager prior to the beginning of the
meeting .
-----------------------------------------------------------------------
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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PAGE 7 of 7
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CITY OF DANIA
REGULAR COMMISSION MEETING
DECEMBER 11 , 1984
8: 00 P. M. ,
ADDENDUM
7. PURCHASES
7. 1 REQUEST TO PURCHASE FIVE 1985 DODGE DIPLOMAT POLICE
VEHICLES FROM PEACOCK DODGE OF DAYTONA BEACH, FLORIDA,
IN THE AMOUNT OF $9,497. 90 EACH FOR A TOTAL OF $47, 489. 50
OFF OF STATE CONTRACT BID NUMBER N136-070-00-H .
8. DISCUSSION
8. 1 REQUEST BY CARROUSEL CONCESSIONS, INC . , TO SUBLET CERTAIN
RIGHTS AS PER THEIR LEASE AGREEMENT FOR THE DANIA BEACH
GRILL.
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