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HomeMy WebLinkAboutRegular Meeting (104) MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 11, 1984 INVOCATION — JAMES ADAMS PLEDGE OF ALLEGIANCE ROLL CALL: Present — Mayor: Chester A. Byrd Vice—Mayor: John Bertino Commissioners : James Adams Jean Cook Robert Donly City Attorney : Frank Adler City Manager: Richard Marant City Clerk : Wanda Mullikin Police Chief : Rudolf Rigo Building Official : Paul MaxweLL Mayor Byrd called the meeting to order and recognized Commissioner DonLy. Commissioner Donly commented on the possibility of his being reap— pointed to fill out the remainder of his term as City Commissioner and thanked the people of Dania for their support of him in the September Primary Election. 1 . CONSENT AGENDA Minutes 1 . 1 Regular Commission Meeting, August 28, 1984 A motion was made by Vice—Mayor Bertino, seconded by Commissioner Donly to approve the consent agenda with the exception of items 1 . 2 through 1 .7. The motion passed unanimously. Ordinances ( First Reading) 1 . 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO—WIT: THE W 1 /2 OF THE NW 1 /4 OF THE SW 1/4 OF THE SW 1 /4 OF SECTION 34, TOWNSHIP 50. SOUTH, RANGE 42 EAST; AND THE NE 1 /4 OF THE SE 1 /4 OF THE SE 1 /4 OF SECTION 33, AND THE E 1 /2 OF THE NW 1 /4 OF THE SE 1 /4 OF THE SE 1 /4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS CANAL RIGHT—OF—WAY, RECORDED IN OFFICIAL RECORD BOOK 1246 AT PAGE 220, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF R—M TO IG 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE was read for first reading by Mayor Byrd. Mayor Byrd explained that this rezoning request is for property located on the South side of West Dania Beach Boulevard between SW 11th Ave. and the C-10 Canal . Building Official Maxwell reported that the Planning and Zoning Board recommended that this item be continued due to the need for clarification of procedures ( land use plan amendment) . Regular Meeting 1 September 11, 1984 rl' • • Commissioner Cook stated for the record that she has a financial interest in this item. A motion was made by Vice—Mayor Bertino, seconded by Commissioner DonLy to continue this item until the first meeting after the Land use plan amendment is adopted. The motion passed unanimously. * (Agenda items 1 .4, 1 . 5 and 1 . 6 were addressed at this time. ) 1 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT; LOTS 1,2,3,4, 5,6,7,8, AND 9, BLOCK 21, TOWN OF DANIA (FORMERLY TOWN OF MODELLO) AND LOTS 17,18, AND 19, IN PLAT BOOK B, PAGE 49, IN THE PUBLIC RECORDS OF DADE. O00NTY, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION, C-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 first reading by Mayor Byrd. Mayor Byrd explained that this rezoning request is for property generally located on SW Park Street between SW First Avenue and SW Third Avenue and the NW corner of SW First Avenue and SW First Street . .Commissioner Cook stated for the record that she has a financial interest in this item. A motion was made by Vice—Mayor Bertino, seconded by Commissioner DonLy to approve the adoption of this ordinance on first reading. 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 * 1 . 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "DUKE & DUKE SUBDIVISION", SAME BEING THE E 1 /2 OF THE W 1 /2 OF THE SE 1 /4 OF THE SE 1 /4 OF THE SW 1 /4, LESS THE SOUTH 193 FEET THEREOF, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; TOGETHER WITH ALL THAT PART OF THE NE 1 /4 OF THE SE 1 /4 OF THE SW 1 /4 OF SAID SECTION 33 LYING EAST OF THE EAST RIGHT—OF—WAY LINE OF STATE ROAD NO. 9; TOGETHER WITH THE NORTH 351 FEET OF THE FOLLOWING DESCRIBED PARCEL (AS MEASURED PERPENDICULAR TO THE NORTH LINE OF SAID PARCEL) : ALL THAT PART OF THE W 1 /2 OF THE W 1 /2 OF THE SE 1 /4 OF THE SE 1 /4 OF THE SW 1 /2 OF SAID SECTION 33, LYING EAST OF THE EAST RIGHT—OF—WAY LINE OF STATE ROAD NO. 9, LYING EAST OF THE EAST LIMITED ACCESS RIGHT—OF—WAY LINE OF SAID STATE ROAD 9, AND LYING NORTH OF THE NORTH RIGHT—OF—WAY LINE OF STIRLING ROAD. SAID LANDS CONTAIN 10. 2656 ACRES, MORE OR LESS . TOGETHER WITH A NON—EXCLUSIVE PERSONAL EASEMENT FOR INGRESS— EGRESS AND PUBLIC UTILITIES OVER THE WESTERLY 10 FEET AND OVER THE SOUTHERLY 10 FEET OF THE ABOVE DESCRIBED PARCEL LYING SOUTH OF SAID NORTH 351 FEET; 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 SAID "DUKE & DUKE SUBDIVISION"; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU— r TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Regular Meeting 2 September 11, 1984 L3 Building Official Maxwell reported that the Planning and Zoning Board recommended that this item be continued due to the need for clarification of procedures ( land use plan amendment) . A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to continue this item until the first meeting after the land use plan amendment is adopted. The motion passed unanimously . * 1 . 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "AIRVIEW HOTEL", SAME BEING 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 CO. 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 RECORD BOOK 2595, PAGE 614, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND LESS THAT PORTION AS DESCRIBED IN OFFICIAL RECORD 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 RIGHT-OF-WAY 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 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; CONTAINING 11 . 2 ACRES, 485,821 SQUARE FEET, 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 SAID "AIRVIEW HOTEL"; 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. Building Official Maxwell reported that continuation of this item is requested until after the scheduled meeting with the County Planning Council. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to continue this item until the next regular Commission meeting of September 25, 1984. The motion passed unanimously. * 1 .6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE 1 FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 7 THRU 17, BLOCK 1 OF 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 SOUTH 28 FEET OF LOTS 11, 12, 13, AND 14, BLOCK 1, AND LESS THE EAST 5 FEET OF LOT 11 ; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF 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. y: Regular Meeting 3 September 11, 1984 • • Building Official Maxwell reported that continuation of this item is requested until after the scheduled meeting with the County Planning Council . A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to continue this item until the next regular Commission meeting of September 25, 1984. The motion passed unanimously. 1 . 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BE AMENDED BY ADDING A SECTION TO BE NUMBERED 11 -41 TO 11-47, PROVIDING FOR THE INSTALLATION OF SMOKE DETECTORS AS A FIRE PREVENTION AND DETECTION MEASURE; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 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. Building Official Maxwell explained that this ordinance (requested by Commissioner Cook) will require smoke detectors to be installed in Day Care Centers, habitable rooms, facilities for the elderly, in additions to buildings over 25% of the square footage of the existing building, in rehabilitations or remodeling over 50% of the square footage, and in all new buildings in Dania. A motion was made by Commissioner Cook, seconded by Commissioner Adams to adopt the ordinance on first reading. 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. PRESENTATION - None 3. BIDS - NONE 4. PUBLIC HEARINGS Ordinances (second and final reading) 4. 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ORDINANCE NO. 268 BY ALLOWING ELECTED PUBLIC OFFICIALS TO BECOME MEMBERS OF THE CITY OF DANIA AMENDED RETIRE- MENT PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE was read for second and final reading by Mayor Byrd. Mayor Byrd opened the public hearing. A citizen questioned whether or not the City would pay for these retirement benefits and was informed that the plan is funded by payroll deductions . 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 Bertino to adopt the Ordinance amending Ordinance No. 268 by allowing elected public officials to become members of the City of Dania amended retirement plan on second and final reading . The motion passed on the following roll call vote : j Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly^yes c; _; Regular Meeting 4 September 11 , 1984 • s 4. 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, TO PROVIDE THAT PHASE I OF THE PROJECT SHALL CONSIST OF A 250 ROOM HOTEL, A 60,000 SQUARE FOOT OFFICE BUILDING, AND A 250,000 SQUARE FOOT DESIGN CENTER SHOWROOM BUILDING, AND THAT PHASE II SHALL CONSIST OF A 250,000 SQUARE FOOT DESIGN CENTER SHOWROOM BUILDING, A 120,000 SQUARE FOOT OFFICE BUILDING AND A PARKING DECK OF 235 PARKING SPACES; APPROVING A REVISION IN THE PHASING SCHEDULE FOR THE HOTEL AND OFFICE BUILDING IN PHASE I; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL PREVAIL IN EVENT OF CONFLICT WITH OTHER ORDINANCES OR RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. City Manager Marant explained that the Attorney representing the Design Center of the Americas has requested a continuation of this item. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to continue the second and final reading of this ordinance until the next regular Commission meeting of September 25, 1984. The motion passed unanimously. Resolutions 4. 3 The title of a RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE• FISCAL YEAR 1984-1985; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE was read by Mayor Byrd. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing- City Attorney Adler quoted from the language of the Resolution approving a proposed millage r6te of 5.239 and establishing a •public hearing for final adoption of the millage rate on September 25, 1984. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adapt the Resolution approving the proposed 1984-85 millage rate . 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 4.4 The title of a RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 1984-1985; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO -WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE was read by Mayor Byrd. Regular Meeting 5 September 11, 1984 City Attorney Adler quoted from the language of the Resolution approving the tentative 1984-85 annual budget and establishing a public hearing for final adoption of the budget on September 25, 1984. 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 Adams, seconded by .Vice-Mayor Bertino to adopt the Resolution approving the tentative 1984-85 annual budget . 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 Variances 4. 5 PZ-20-84, Michael L. Thomas, 1601 Griffin Road. Building Official Maxwell reported that the Planning and Zoning Board recommended that this item be continued until after its next meeting for purposes of procedure clarification. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to remand this item back to the Planning and Zoning Board. The motion passed unanimously. 4.6 PZ-46-84, David T. Taylor and Leonard Alexander, d/b/a Linehaul Assoc., 301 SW 14th Street. Leonard Alexander stepped forward to request a variance to construct a duplex on a lot of insufficient width in an RD6000 (duplex) zoning cLas.sification. Building official Maxwell explained that the lot is 50 ' wide instead of the required 60 ' but that the .depth of the lot makes up the required square footage and reported that all setback requirements are met and the P&Z Board recommends approval of the request . Mayor Byrd opened the public hearing. Hearing two citizens speak in opposition, the Mayor cLosed .the public hearing. A motion was made by Vice-Mayor Bertino to deny the variance request for failure to show a hardship. The motion died for lack of a second. The petitioners explained that the Lot they bought a year ago was advertised as duplex property and upon calling City Hall, they were advised that the property was zoned duplex . They stated that it did not occur to them to check for a contradictory City ordinance requirement . City Manager Marant commented on the need for direction to be given to the Building Dept . regarding 50' wide Lots in duplex zoned areas . City Attorney Adler stated for the record that a single family home also cannot be built on a 50 ' wide lot in duplex zoned areas without a variance. Commissioner Donly commented that it is a hardship imposed by the City to zone an area duplex and then say that a duplex cannot be built on a Lot in that area even though the Lot contains the square footage required. ''" Regular Meeting 6 September 11 , 1984 A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the variance request by David T. Taylor and Leonard Alexander d/b/a LinehauL Assoc. During discussion, Commissioner Cook commented on the need to ensure that proper landscaping requirements are met and suggested that a workshop meeting be called to discuss the zoning ordinance. A substitute motion was made by Vice-Mayor Bertino to table the variance request until after the zoning ordinance problem with regard to lots of insufficient front footage is resolved. The• motion failed on the following roll call vote : Commissioner Adams-no Vice-Mayor Bertino-yes Commissioner Cook-no Mayor Byrd-no Commissioner Donly-no The original motion to approve the variance request passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-no Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 4.7 PZ-47-84, Nancy S. Dawkins, "Hanson & Nelson Subdivision", NW 3rd Place and NW 5th Avenue. Nancy Dawkins stepped forward to request a variance to allow construction of a duplex in an RD6000 (duplex) zoning classification on a lot of insufficient width and insufficient square footage, explaining that the property involved has been family owned for years . Building Official MaxweLL reported that this is actually two 25 ' Lots and that the petitioner wishes to replace with a duplex the 3 small frame buildings that previously existed but have been demolished. He stated that the Planning and Zoning Board recommends approval of the request . Mayor Byrd opened the public hearing . Hearing comments in favor and in opposition, the Mayor closed the public hearing . During discussion, Vice-Mayor Bertino commented that in this case a hardship definitely exists because the property was family owned prior to the time the ordinance changing width requirements came into effect . A motion was made by Vice-Mayor Bertino, seconded by Commissioner DonLy to grant the variance request by Nancy S. Dawkins . 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. 8 PZ-48-84, Nancy S. Dawkins and Myron Dawkins, "Hanson & NeLson Subdivision", NW 3rd Terrace and NW 5th Avenue. Nancy S. Dawkins stepped forward to request a variance to allow construction of a duplex in an RD6000 (duplex) zoning classification on a Lot wit.h insufficient width, square footage and insufficient street side set-backs, explaining that this property has been family owned for Regular Meeting 7 September 11, 1984 i • many years and that she demolished the 5 small frame buildings that existed and wishes to replace them with the duplex . She further explained that the architect is working with the building department to resolve the set-back problem and that the Planning and Zoning Board recommends approval of the request . Mayor Byrd opened the public hearing . Hearing Bob Mikes speak in opposition, the Mayor closed the public hearing . A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the variance request by Nancy S. Dawkins and Myron Dawkins, contingent on resolution of the set-back problem to the satisfaction of the Building Department . 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 5. VACATION OF RIGHT OF WAY 5. 1 PV-42-84, Walter B. Duke, Jr., Trustee, "Douglas Hill Subdivision, SW 1st Street . A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to continue this item until the Commission meeting scheduled for October 9, 1984. 6. SPECIAL EXCEPTIONS 6. 1 PZ-44-84, Danna Davis, Davcar Corp., Cafe del Opera, 246 N. Federal Highway. Robert Carter, Vice-President of Davcar Corp., stepped forward to request a special exception to allow entertainment consisting of piano and singing of showtunes and operatic arias . 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 Adams to grant the special exception request to Davcar Corp., (Cafe del Opera) , for a period of one year with the provision that those entertaining be properly attired. The motion passed unanimously. 7. APPROVALS Relocation 7. 1 Request by Hertz Corp., to install an illuminated pale sign at the entrance of their new customer service facility at Fort Lauderdale-Hollywood International Airport , per the requirements outlined by the Authority . Pam Rubin, of The Sign Shop, and Joe Collins, of Hertz Corp . stepped forward to request approval of the temporary installation of an illuminated pole sign to guide customers to the car return location. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve the temporary installation of the Hertz pole sign, subject to the terms and conditions outlined in the letter dated August 27, 1984, from the Airport Expansion Project Office to Hertz- COrp. The motion passed unanimously. Regular Meeting 8 September 11, 1984 Proposed Amendment 7. 2 Request by Duke & Duke Development, Inc., for an amendment to the City of Dania land use plan which would allow a hotel to be developed on the NE quadrant of Stirling Road and I-95. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to continue the request for amendment to the land use plan due to the fact that the request is 'premature. The motion passed unanimously. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to grant permission for Duke & Duke Development, Inc. to make application with the City and the County for land use plan amendment . The motion passed unanimously. ADDENDUM ITEM : 7. 3 Request by Pag Brothers, Inc . for an amendment to the City of Dania Land Use Plan which would allow the construction of warehouses and office space. Building Official Maxwell explained that this item ( like 7. 2) is premature and that the request is actually for permission to begin the petition process . Commissioner Cook stated for the record that she has a financial interest in this item. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to grant permission for Pag Brothers, Inc. to make application with the City and County for Land use plan amendment . The motion passed unanimously. 8. OCCUPATIONAL LICENSES 8. 1 American Legion Dania Post 304. Perm.it. for Yard Sale. Isabelle Rose, President of Auxiliary Post 304, stepped forward to request permission to hold a yard sale and , flea market on September 15 and 16, 1984. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to grant the request . ' The motion passed unanimously. 9. AGREEMENTS - NONE 10. PROPOSALS - NONE 11 . DISCUSSION ADDENDUM ITEM: 11 . 1 Request by Robert Mikes for discussion regarding West Lake purchase. Robert Mikes, representing the Sierra Club of Broward County and the Environmental Leaders Council, commented on the West Lake purchase and reported the Environmental Leaders Council ' s opposition to a 40-story office building being built in that area . 12. ADMINISTRATIVE REPORTS 12. 1 City Manager Marant commented on a request from Linda Aragoni and Ricardo Gonzalez to locate a "House of Horrors" south of Stirling Road, south of the Pancake House and recommended that the request be denied due to the potentially hazardous Location. w.. Regular Meeting 9 September 11, 1984 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Adams to direct the City Manager to deny the request to locate a "House of Horrors" at the Location specified. The motion passed unanimously. 'City Manager Marant reported on a letter received on August 21, 1984, from the County notifying the City that the County is withdrawing any and all support from the .Boisy Waiters Social Services Center. He commented on the need to review the City' s posture with regard to the Boisy Waiters Center property. 12. 2 City Attorney - no comment . 13. COMMISSIONERS COMMENTS 13. 1 Commissioner Adams - no comment . 13. 2 Commissioner Cook - no comment . 13.3 Commissioner Donly - (expressed his comments at the beginning of the meeting .) 13.4 Vice Mayor Bertino - no comment . 13. 5 Mayor Byrd commented on ,the County' s withdrawal of support from the Boisy .Waiters Social Services Center and suggested declaring the property surplus and moving the social services program, possibly near Modello Park .' 14. CITIZENS ' COMMENTS No verbal or written requests for citizens ' comments for this night ' s meeting were received. A motion was made and seconded to adjourn this Commission meeting. The motion passed unanimously. Azt C MAYOR-COMMIS 1011EK CITY CLERK-AUDITOR S_ ry,, ;.., . Regular Meeting 10 September 110. 1984 ti; . DATE 01 11'll 'OTE OCCURRED: Rig 4 M fA0mAOF VOTING CONFLICT September)1 19 84 RT A 'Ime: COOK JEAN Telephone: 305-920-7684 /LAsr) IrInST) INIOOLC) IA/CI /HUw11Cn1 ddress: 46 S. 14. First Avenue, Dania 33004 . Broward ISTNCCT) (CITY) 1211,CODC) ICOUNTY) .RT B 1:ency is a I•' `: of [check one]: ( ) State of Florida; ox) County, City or other Political Subdivision; ame of Age. City of Dania )sition held in Agency: City Commissioner ART C EMORANDUAT OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by§ 112.3143, F.S., 1975) you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest ich inures to your special private gain or the special private gain of any principal by whom you are retained, please sclose the nature of your interest below. Description of the matter upon which you voted in your official capacity: An ordinance of the City of Dania rezoning the property described in the Consent Agenda - Ordinances (First Reading) - 1.2 Description of the personal,private, or professional interest you have in the above matter which inures to you special private gain or the special private gain of.any principal by whom you are retained: I Real Estate Broker for seller of the property. A real estate commission shall be paid to Jean Cook Realty Inc.* upon consummation and closing of the sale of the orooerty. — Person or p:: cipal to whom the special gain described above will inure: a, p:x) Yourself b. ( ) Principal by whom you are retained: (NAME) '.RT D LING INSTRUCTIONS 's memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred I the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meet- minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con- must be disclosed pursuant to the requirements described above. T September 24, 1984 NATURE-CF FERSON DISCLOSING DATE SIGNED UNDER PROVISIONS OF SECTION 112.317, FLORIDA STATUTES, 1975, A FAILURE TO MARE ANY REQUIRED DISCLOSURE STITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUS- :'. ION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED ti ,+ DATL ON \5'II OTE OCCURRED: 1 VIEL9MAOF VOTHIG CONFLICT 1 _ Septex ii 19e4 1 A 1111 it 305-920-7684 me: COOK JEAN Telephone: I I LAST) IFIRST) IMIOGLCI IA/CI INUMUM dress: 96 S. W. First Avenue Dania 33004 Broward (STREET) Inrr, IZIr coon Icouern RT E1 ,ency is a unit of [check one]: ( ) State of Florida; (x) County, City or other Political Subdivision; Imeof Agency: City of Dania Commission sition held in Agency: City Commissioner RTC 1110RANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION fncquired by§ 2213143, F.S.,1975] you have voted in your official capacity upon any measure in which you had a personal,private, or professional interest ich inures to your special private gain or the special private gain of any principal by whom you are retained, please close the nature of your interest below. Description of the matter upon which you voted in your official capacity: ' I An ordinance of the City of Dania rezoning the Consent Aclenda — Ordinances First Read ' — Description of the personal, private, or professional interest you have in the above matter which inures to you special private gain or the special private gain of,any principal by whom you are retained: I am the owner of -the property Person or principal to whom the special gain described above will inure: a. (x:d Yourself b. ( ) Principal by whom you are retained: (NAME) FIT D LING rNSTRUCTIONS is memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred '.h the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meet-minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con- ;t must be disclosed pursuant to the requirements described above. TE September 24 19134 SI Re or rc116ON DISCLOSING DATC ICE: UNDER UNDER PROVISIONS OF SECTION 112.317, FLORIDA STATUTES, 197S, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE STITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUS. F. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED ::ION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, DATE ON W1 OTE OCCURRED: -OR[, 4 111EP+10MA OF VOTING CONFLICT 1 SeotembZ�I I 1984 'ART A ! �) ame: COOK JEAN Telephone: 305-920-7684 (LAST) I IrIRST) /MIDDLE) CA/Cl )NUMBER) %ddress: 46 S. W. First Avenue, Dania 33004 Broward (STRECT) ICITY) 42IP CODE) ICOUNrY) RT B );ency is a u of [check one): ( ) State of Florida; (cx) County, City or other Political Subdivision; i Name of Age: City of Dania i �Osition held in Agency: City Commissioner 'ART C IETIORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by§ 222.3143, F.S., 19751 If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest rhich inures to your special private gain or the special private gain of any principal by whom you are retained, please iisclose the nature of your interest below. L. Description of the matter upon which you voted in your official capacity: Request by Pag Brothers, Inc. for an .amendment to the City of Dania Land Use Plan which would allow the constructinn of warphn sps anA office space. 7. 3 i Description of the personal, private, or professional interest you have in the above matter which inures to you special private gain or the special private gain of.any principal by whom you are retained: Real Estate Broker for seller of the property. A real estate commission shall be paid to Jean Cook Realty Inc. upon consummation and closing i of the sale of the property. -------------- 1. Person or p:: cipal to whom the special gain described above will inure: a. Qcx) yourself b. ( ) Principal by whom you are retained: (NAME) ..RT D LING INSTRUCTIONS 's memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred Ti the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meet minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permit's but does' require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con- must be disclosed pursuant to the requirements described above. TE September 24 , 1984 `SIGN One or PERSON DISCLOSING DATE SIGNED UNDER PROVISIONS OF SECTION 112.317, FLORIDA STATUTES, 1975, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ;TITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUS- ION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED D .. 4 . vr. ,o/)/7. ® • AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 11, 1984 8: 00 P.M. INVOCATION - PLEDGE OF ALLEGIANCE ROLL CALL CONSENT AGENDA Minutes 1 . 1 Regular Commission Meeting, August 28, 1984 Ordinances (First Reading) 1 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: THE W 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST; AND THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 33, AND THE E 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS CANAL RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORD BOOK 1246 AT PAGE 220, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF R-M TO IG 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 . 1 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT; LOTS 1, 2, 3, 4, 5, 6, 7, 8, AND 9, BLOCK 21, TOWN OF DANIA (FORMERLY TOWN OF MODELLO ) AND LOTS 17, 18, AND 19, IN PLAT BOOK B, PAGE 49, IN THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION, C-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 . 1 .4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "DUKE & DUKE SUBDIVISION" , SAME BEING THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4, LESS THE SOUTH 193 FEET THEREOF, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA ; TOGETHER WITH ALL THAT PART OF THE NE 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 33 LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO. 9; TOGETHER WITH THE NORTH 351 FEET OF THE FOLLOWING DESCRIBED PARCEL (AS MEASURED PERPENDICULAR TO THE NORTH LINE OF SAID PARCEL ) : ALL THAT PART OF THE W 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/2 OF SAID SECTION 33, LYING EAST OF THE EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO.9, LYING EAST OF THE EAST LIMITED ACCESS RIGHT-OF-WAY LINE OF SAID STATE ROAD 9, AND LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD . SAID LANDS CONTAIN 10.2656 ACRES, MORE OR LESS . TOGETHER WITH A NON-EXCLUSIVE PERSONAL EASEMENT FOR INGRESS-EGRESS AND PUBLIC UTILITIES OVER THE WESTERLY 10 FEET AND OVER THE SOUTHERLY 10 FEET OF THE ABOVE DESCRIBED PARCEL LYING SOUTH OF SAID NORTH 351 FEET; 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 SAID "DUKE & DUKE SUBDIVISION" ; 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 . 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "AIRVIEW HOTEL", SAME BEING 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 CO . 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 RECORD BOOK 2595, PAGE 614, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA ; AND LESS THAT PORTION AS DESCRIBED IN OFFICIAL RECORD 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 RIGHT-OF-WAY 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 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; CONTAINING 11 . 2 ACRES, 485, 821 SQUARE FEET, 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 SAID "AIRVIEW HOTEL" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . 1 .6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: LOTS 7 THRU 17, BLOCK 1 OF 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 SOUTH 28 FEET OF LOTS 11, 12, 13, AND 14, BLOCK 1, AND LESS THE EAST 5 FEET OF LOT 11 ; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF 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 . 1 . 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BE AMENDED BY ADDING A SECTION TO BE NUMBERED 11-41 TO 11-47, PROVIDING FOR THE INSTALLATION OF SMOKE DETECTORS AS A FIRE PREVENTION AND DETECTION MEASURE ; PROVIDING DEFINITIONS ; PROVIDING FOR SEVERABILITY ; PROVIDING FOR CODIFICATION; 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. PRESENTATION - None 3. BIDS - NONE 4. PUBLIC HEARINGS Ordinances ( second and final reading ) 4 . 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING ORDINANCE NO . 268 BY ALLOWING ELECTED PUBLIC OFFICIALS TO BECOME MEMBERS OF THE CITY OF DANIA AMENDED RETIREMENT PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE . 4 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, TO PROVIDE THAT PHASE I OF THE PROJECT SHALL CONSIST OF A 250 ROOM HOTEL, A 60, 000 SQUARE FOOT OFFICE BUILDING, AND A 250, 000 SQUARE FOOT DESIGN CENTER SHOWROOM BUILDING, AND THAT PHASE II SHALL CONSIST OF A 250, 000 SQUARE FOOT DESIGN CENTER SHOWROOM BUILDING, A 120, 000 SQUARE FOOT OFFICE BUILDING AND A PARKING DECK OF 235 PARKING SPACES ; APPROVING A REVISION IN THE PHASING SCHEDULEJOR THE HOTEL _ AND OFFICE BUILDING IN PHASE I ; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE ; PROVIDING THAT THIS ORDINANCE SHALL PREVAIL IN EVENT OF CONFLICT WITH OTHER ORDINANCES OR RESOLUTIONS ; PROVIDING FOR SEVERABILITY ; PROVIDING FOR AN EFFECTIVE DATE . i,l. • Resolutions 4 .3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1984-1985; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE . 4 .4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 1984-1985; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE . Variances 4 .5 PZ-20-84, Michael L . Thomas, 1601 Griffin Road . 4 .6 PZ-46-84, David T. Taylor and Leonard Alexander, . d/b/a Linehaul Assoc . , 301 SW 14th Street . 4 .7 PZ-47-84, Nancy S. Dawkins, " Hanson & Nelson Subdivision". , NW 3rd Place and NW 5th Avenue . 4 .8 PZ-48-84, Nancy S . Dawkins and Myron Dawkins "Hanson & Nelson Subdivision" , NW 3rd Terrace and NW 5th Avenue . 5 . VACATION OF RIGHT OF WAY 5 . 1 PV-42-84, Walter B . Duke, Jr., Trustee, "Douglas Hill Subdivision, SW 1st Street.. 6 . SPECIAL EXCEPTIONS 6 . 1 PZ-44-84, Danna Davis, Davcar Corp. , Cafe del Opera, 246 N. Federal Highway. 7 . APPROVALS Relocation 7 . 1 Request by Hertz Corp ., to install an illuminated pole sign at the entrance of their new customer service facility at Fort Lauderdale-Hollywood International Airport, per the requirements outlined by the Authority. Proposed Amendment 7 . 2 Request by Duke & Duke Development, Inc . , for an amendment to the City of Dania land use plan which would allow a' hotel to be developed on the NE quadrant of Stirling Road and I -95. 8. OCCUPATIONAL LICENSES 8 . 1 American Legion Dania Post 304 . Permit for Yard Sale . 9. AGREEMENTS - NONE 10 . PROPOSALS - NONE 11 . DISCUSSION 12. ADMINISTRATIVE REPORTS 12 . 1 City Manager 12 .2 City Attorney 13 . COMMISSIONERS COMMENTS 13 . 1 Commissioner Adams 13 .2 Commissioner Cook 13 .3 Commissioner Donly 13 .4 Vice Mayor Bertino 13 .5 Mayor Byrd 14 . CITIZENS ' COMMENTS - Comments by Dania Citizens or interesed part- ies 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 citizen( 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. r- ,5, ADDENDUM DANIA CITY COMMISSION SEPTEMBER 11, 1984 8:00 P.M. 7. APPROVALS Proposed Amendments (Continued) 7.3 Request by Pag Brothers, Inc. , for an amendment to the City of Dania Land Use Plan which would allow the construction of ware— houses, and office space. 11. DISCUSSION 11.1 Request by Robert Mikes for discussion regarding West Lake purchase.