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HomeMy WebLinkAboutNULL (124) 1- i � t n i MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26 , 1985 i INVOCATION - RICHARD MARANT i 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 1 . CONSENT AGENDA Minutes - Dania Regular Commission Meeting 2/12/85 t ADDENDUM ITEM: Ordinances ( First Reading) a j 1 .1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA PROHIBITING NUDE OR SEMI-NUDE ENTERTAINMENT, THE EXPOSURE OF THE FEMALE BREAST AT OR BELOW THE AREOLA THEREOF, OR TO COVER THE SAME WITH A DEVICE SIMULATING THE SAME, THE EXPOSURE TO PUBLIC VIEW OF ANY PERSON ' S GENITALS, PUBIC AREA, BUTTOCKS, ANUS, OR ANUL CLEFT OR CLEAVAGE, OR TO COVER THE AREA WITH A DEVICE SIMULATING THE SAME, ALL OF ABOVE AT ANY ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES AND MAKING IT UNLAWFUL FOR THE OWNER, MAINTAINER, OPERATOR OR LESSEE OF SAID COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES TO SUFFER OR PERMIT ANY PERSON TO ENGAGE IN ANY CONDUCT DESCRIBED ABOVE; MAKING IT UNLAWFUL FOR ANY ENTERTAINER, PERFORMER OR EMPLOYEE TO DANCE IN A MANNER TO SIMULATE SEXUAL ACTIVITY WITH ANY PERSON OR TO SIT UPON OR STRADDLE THE LEGS , LAP OR BODY OF ANY PATRON OR PERSON OR TO TOUCH OR BE TOUCHED BY ANY PERSON WHILE SIMULATING SEXUAL ACTIVITY, ALL SUCH CONDUCT AT AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES AND MAKING IT UNLAWFUL FOR ANY PERSON OWNING, MAINTAINING, OPERATING OR LEASING SUCH COMMERCIAL ESTABLISHMENT WHERE. ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE OR CONSUMPTION ON PREMISES TO SUFFER OR PERMIT SUCH CONDUCT BY AN i ENTERTAINER OR EMPLOYEE TO OCCUR AT SUCH ESTABLISHMENT; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE AND PROVISIONS FOR THE REVOCATION OF OCCUPATIONAL LICENSE ISSUED BY THE CITY UPON CONVICTION OF ANY OFFENSE DESIGNATED IN THIS ORDINANCE; 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE was read for first reading by Mayor Byrd. 1 Regular Meeting 1 February 26 , 1985 A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to approve the consent agenda. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2. RESOLUTIONS - none 3 . BIDS 3. 1 Request to advertise for bids on one 3/4 ton Pick-up Truck for the Utilities Dept . A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to authorize the advertisement for bids on one 3/4 ton pick-up truck for the Utilities Department. The motion passed unanimously. 4 . PUBLIC HEARINGS (Second and Final Reading ) 4 .1 (PL-04-85; for property located South of the entrance to Ft . Lauderdale-Hollywood airport between FEC Railroad tracks and U.S. #1 ) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING e • THE PLAT OF "FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND ADDITION" , SAME BEING THAT PORTION OF THE SOUTH 210 .00 FEET OF THE SF. 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY; AND THAT PORTION OF THE NORTH 192 .00 FEET OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 27, TOWNSHIP 50 SOUTH , RANGE 42 EAST, LYING WEST OF THE WEST RIGHT OF WAY LINE OF SAID U.S. HIGHWAY NO. 1 AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE HIGHWAY; TOGETHER WITH ALL RIGHTS, TITLE AND INTEREST, IF ANY, IN AND TO ANY ADJACENT PUBLIC OR PRIVATE RIGHTS OF WAY OR VACATED RIGHTS OF WAY; SAID LAND SITUATE IN BROWARD COUNTY, FLORIDA, CONTAINING 1 .43 ACRES , (62,308 SQUARE FEET) , MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND ADDITION" ; 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 . Jim Stoner, Attorney representing the petitioner, stepped forward to present the request for plat approval and, per the Planning & Zoning Board recommendation, presented maps showing the public access to the property and explained that the proposed use of the property will be an exit toll booth from the parking areas. 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 Cook , seconded by Commissioner Adams to adopt the ordinance approving the plat of "Fort Lauderdale-Hollywood International Airport Second Addition" on second and final reading. The motion passed on the following roll call vote : Regular Meeting 2 February 26 , 1985 I I Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 4 .2 (Continued from 1/8/85 Regular Commission Meeting) 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) Mayor Byrd announced that the petitioner, Jan C. Hansen , has requested a continuation of this item due to the fact that the owner is in the process of resolving the 2nd Street right-of-way issue raised by the City Engineer. A motion was made by Commissioner Cook, seconded by Commissioner Donly to continue the second and final reading of the ordinance approving the plat of "Bryan Oaks" until the next regular Commission meeting. The motion passed unanimously. i 4 .3 ( Continued from 1/8/85 Regular Commission Meeting ) 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 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 1/2 OF THE NW 1/4 OF THE SE 1/4 A DISTANCE OF 171 ' , 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 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 . (PZ-63-84 ; SE 2nd Ave , between 8th & 10th St) 1 * A motion was made by Commissioner Cook , seconded by Commissioner Donly to withdraw agenda items 4 . 3 , 4 .4 and ! j 4 .5 without prejudice at the request of the petitioner, ! George L. Farmer. The motion passed unanimously. i Special Exception 4 .4 (Continued from 1/8/85 Regular Commission Meeting) P2-61-84 , George L. Farmer & Associates , P.A. , vacant property generally located on the West side of SE 2nd Avenue, between SE 8th Street & SE loth Street. Regular Meeting 3 February 26 , 1985 f * Motion passed to withdraw agenda items 4 .3 , 4 .4 and 4 .5 Without prejudice at the request of the petitioner, George L. Farmer. Variances 4 .5 (Continued from 1/8/85 Regular Commission Pleeting) 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 . * Motion passed to withdraw agenda items 4.3 , 4 .4 and 4 . 5 without prejudice at the request of the petitioner, George L. Farmer. 5. SITE PLANS - none 6 . OCCUPATIONAL LICENSES - none 7 . PRESENTATIONS 7 .1 American Legion Post #304 to make an appearance regarding the City' s involvement in recognizing the Vietnam War Veterans . Mrs. Rubinstein, speaking for American Legion Post #304 , requested that the City recognize and honor the Viet Nam War veterans of Dania. She suggested an honor roll monument similar to the one presently located in front of American Legion Hall which recognized 304 World War II veterans . She said that if the City chose to undertake such a project, she hoped that with the cooperation of Post #304 and Post #209 the veterans who served from 1961 through May, 1975 , could be honored on a monument and/or a parade. Playor Byrd directed the City Manager to study the request and come back to the Commission with a recommendation. 7 .2 Presentation by the Dania Business Association. (Vice Mayor John Bertino) A letter to the Commission from Jeanne Murphy, 1st Vice y President of The Dania Business Association, was read into the record , announcing the disbanding of the Association and the use of the funds in its treasury to erect signs directing traffic into Dania. The letter stated that "these signs will be a permanent fixture introducing ' Dania as the Antique Center of the South' and will also be a permanent- reminder of the Dania Business Association. " A motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to accept the presentation of signs and to direct Administration to send a letter of acknowledgement and gratitude to the Dania Business Association. The motion passed unanimously. 8 . APPOINTMENTS/RESIGNATIONS ADDENDUM ITEM: 8 . 1 Appointment of. Robert Dubow, Esq. as Attorney for the Code Enforcement Board. City Attorney Frank Adler explained that the Commission I has already appointed Robert Dubow as Attorney for the Code Enforcement Board without pay, and that this item was placed on the agenda for purposes of discussion of compensation. Regular Meeting 4 February 26 , 1985 r r Mr . Adler suggested that the bill for $133 . 34 for services rendered by Robert Dubow from December, 1984 , through February 13 , 1985 , be paid out of the City Attorney' s budget and recommended that the Commission authorize compensation at $50 .00 per hour for Robert Dubow as Attorney for the Code Enforcement Board. i A motion was made by Vice-Mayor Bertino to authorize ; payment of the bill for $133 .34 and to approve compensation for Robert Dubow as Attorney for the Code Enforcement Board at the rate of $50 .00 per hour. The motion died for lack of a second . A motion was then made by Commissioner Donly, seconded by Commissioner Cook to approve the payment of the bill for $133 .34 to Mr. Dubow. After determining that the bill was for compensation and not reimbursement of expenses , Commissioner Donly withdrew his motion. A motion was then made by Vice-Mayor Bertino , seconded by Commissioner Cook to approve payment of the legal services that have been rendered by Robert Dubow to the Code Enforcement Board in the amount of $133 .34 . During discussion of the motion, Mr. Adler explained that the bill was sent by Mr. Dubow as a result of a misunderstanding on the part of John Vollman , Chairman of the Code Enforcement Board , who had offered Mr. Dubow payment of $50 .00 per hour without actually having the authority to do so. Commissioner Cook then withdrew her " second and the motion died . Commissioner Donly suggested that the Commission send Mr. Dubow a letter of gratitude for his services, past and future. 9 . PURCHASES - none I 10 . DISCUSSION ** (At this point , ADDENDUM ITEM 10.3 was addressed . ) 10 . 1 Discussion by George L. Farmer, P.E. , regarding details of rezoning request on a portion of land that will include "Sea-Aire No. 4" . George Farmer stepped forward to request authorization to apply for rezoning from IG to C-2 under the 20% flexibility rule, the subject parcel to include a portion of "Sea-Aire No. 4" . He presented a rendering of the proposed convention center/hotel/parking garage project. A motion was made by Vice-Mayor Bertino, seconded by i Commissioner Cook to grant the request by George L. Farmer for permission to apply for rezoning under the 20% flexibility rule. The motion passed unanimously. V 10 . 2 Discussion and action to be taken regarding the March 12 Election and rescheduling or cancelling the Regular Commission Meeting for that date. A motion was made by Commissioner Adams, seconded by { Vice-Mayor Bertino to cancel the Regular Commission Meeting scheduled for March 12 , 1985 , and reschedule it for March 13 , 1985 , at 8 :00 p.m. and to meet at 7 :30 p.m. on March 13 , 1985 , to certify the election. L Regular Meeting 5 February 26 , 1985 ,ry ffw r f ** ADDENDUM ITEM: 10 .3 Discussion regarding letter reflecting the City' s position with respect to the Houston Park Lease, reviewed by City Attorney Frank Adler. City Attorney Adler read the contents of a letter from the City of Dania stating the City' s position re the Houston Park Lease which is to be submitted by David Graham to an unnamed lending institution per the terms of a loan commitment for a construction loan in excess of eight million dollars with that lending institution. At Commissioner Cook' s request , City Manager Marant agreed to provide the Commissioners with periodic updates on the progress of the Houston Park project. During discussion , it was clarified for the record that in the event that Mr. Graham uses a leasehold improvement as collateral for a note or loan, the City of Dania has absolutely no liability whatsoever. i A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the submittal of the letter as described to the lending institution. The motion passed unanimously. At this time, Mayor Byrd read a letter from David Graham inviting the Commissioners to attend the groundbreaking _ ceremonies to be held at Harbour Towne on March 5 , 1985 , at 4 :00 p.m. to be followed by refreshments at Tugboat Annie' s . .r- 11 . ADMINISTRATIVE REPORTS 11 .1 CITY MANAGER MARANT - no comment. i 11 . 2 CITY ATTORNEY ADLER - no comment. i 12 . COMMISSION COMMENTS -� 12 .1 COMMISSIONER ADAMS - no comment. 12 .2 COMMISSIONER COOK inquired about the building of the road on 5th Avenue in response to which Deputy City Manager Eugene Jewell reported on its present status. He estimated that the Watermark developer, U.S. Lend Lease Corp. , will probably start building the portion of the read for which it is responsible within six months , and mentioned that on completion of that portion, the City is prepared to start the two block portion north of 3rd Place for which it is responsible . i e 12. 3 COMMISSIONER DONLY commented on the dedication of North Beach and commended John Bertino on the building up of the parks system through his leadership of the Park Board. 12.4 VICE-MAYOR BERTTNO commented on the ingress and egress problem at loth Street . j VICE-MAYOR BERTINO called attention to a newspaper article describing the events of a narrowly averted possible disaster at the chemical waste management facility near Pompano Beach , citing it as an example of objection to the proposed facility at Port Everglades. L ` Regular Meeting 6 February 26 , 1985 r i r12 .5 MAYOR BYRD announced Voters Night, sponsored by the Dania Press and the Dania Chamber of Commerce , to be held in the Dania City Hall Atrium, Thursday night, February 28 , 1985 , from 7 :00 p.m. to 9 :00 p.m. where the candidates will be available to speak with citizens. MAYOR BYRD expressed recognition of Commissioner Donly' s contributions to the Commission. Since Commissioner I Donly is leaving and , due to tradition , has never been Mayor, Mayor Byrd said that he would like to turn over the last meeting to Commissioner Donly if the details of the gesture can be worked out. 13 . CITIZENS ' COMMENTS No verbal or written requests for citizens' comments for this night' s meeting were received. This Regular Commission Meeting was then adjourned. MAYOR-COMMIS IO ER i j CITY CLERK-AUDITOR i i j I i 1 i i i i V I I Regular Meeting 7 February 26 , 1985 i AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26 , 1985 8 :00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ; ROLL CALL 1 . CONSENT AGENDA Minutes - Dania Regular Commiss' ,n Meeting 2/12/85 2 . RESOLUTIONS 3 . BIDS 3 .1 Request to advertise for bids on one 3/4 ton Pick-up Truck for the Utilities Dept. 4 . PUBLIC HEARINGS (Second and Final Reading) 4 .1 (PL-04-85; for property located South of the entrance to Ft . Lauderdale-Hollywood Airport between FEC Railroad tracks and U.S. #1 ) AN ORDINANCE. OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND r_ ADDITION" , SAME BEING THAT PORTION OF THE SOUTH 210 .00 FEET OF THE SE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S . HIGHWAY NO. 1 AND LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; AND THAT PORTION OF THE NORTH 192 .00 FEET OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 27 , TOWNSHIP 50 SOUTH, RANGE. 42 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SAID U.S . HIGHWAY NO. 1 AND LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SAID OLD DIXIE HIGHWAY; TOGETHER WITH ALL RIGHTS , TITLE AND INTEREST, IF ANY, IN AND TO ANY ADJACENT PUBLIC OR PRIVATE RIGHTS OF WAY OR VACATED RIGHTS OF WAY; SAID LAND SITUATE IN BROWARD COUNTY, FLORIDA, CONTAINING 1 .43 ACRES, (62,308 SQUARE FEET) , MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND ADDITION" ; 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 OF 3 I F7;, i 4 .2 ( Continued from 1/8/85 Regular Commission Meeting) 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; 4 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) 4 .3 (Continued from 1/8/85 Regular Commission Meeting) 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 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 1/2 OF THE NW 1/4 OF THE SE 1/4 A DISTANCE OF 171 ' , 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 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 r- BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF i RD-6000 TO RM ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY I 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) ",J; Special Exception 4 .4 (Continued from 1/8/85 Regular Commission Meeting) 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 . Variance 4 .5 (Continued from 1/8/85 Regular Commission Meeting) 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 . 5. SITE PLANS 6 . OCCUPATIONAL LICENSES 2 OF 3 I \ L� 7 . PRESENTATIONS 7 .1 American Legion Post #305 to make an appearance regarding the City' s involvement in recognizing the Vietnam War Veterans . 7 .2 Presentation by the Dania Business Association. (Vice Mayor John Bertino) i 8 . APPOINTMENTS/RESIGNATIONS j i 9 . PURCHASES j 10 . DISCUSSION 10 .1 Discussion by George L. Farmer, P.E. , regarding details of rezoning request on a portion of land that will include "Sea-Aire No. 4" . 10 .2 Discussion and action to be taken regarding the March 12 Election and rescheduling or cancelling the Regular Commission Meeting for that date. 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager 11 .2 City Attorney 12 . COMMISSION COMMENTS j 12 .1 Commissioner Adams 12 .2 Commissioner Cook i 12 .3 Commissioner Donly 12 .4 Vice Mayor Bertino 12.5 Mayor Byrd I i 13 . 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 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. 3 OF 3 L� � 1 F7'. ADDENDUM DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 26 , 1985 8 :00 P.M. 1 . CONSENT AGENDA Ordinances ( First Reading) 1 .1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA PROHIBITING NUDE OR SEMI-NUDE ENTERTAINMENT, THE EXPOSURE OF THE FEMALE BREAST AT OR BELOW THE AREOLA THEREOF, OR TO COVER THE SAME WITH A DEVICE SIMULATING THE SAME, THE EXPOSURE TO PUBLIC VIEW OF ANY PERSON'S GENITALS, PUBIC AREA, BUTTOCKS, ANUS, OR ANUL CLEFT OR CLEAVAGE, OR TO COVER THE AREA WITH A DEVICE SIMULATING THE SAME, ALL OF ABOVE AT ANY ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES AND MAKING IT UNLAWFUL FOR THE OWNER, MAINTAINER, OPERATOR OR LESSEE OF SAID COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE. FOR CONSUMPTION ON THE PREMISES TO SUFFER OR PERMIT ANY PERSON TO ENGAGE IN ANY CONDUCT DESCRIBED ABOVE; MAKING IT UNLAWFUL FOR ANY ENTERTAINER, PERFORMER OR EMPLOYEE TO DANCE IN A MANNER TO SIMULATE SEXUAL ACTIVITY WITH ANY PERSON OR To SIT UPON OR STRADDLE THE LEGS, LAP OR BODY OF ANY PATRON OR PERSON OR TO TOUCH OR BE TOUCHED BY ANY PERSON WHILE SIMULATING SEXUAL ACTIVITY, ALL SUCH CONDUCT AT AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES AND MAKING IT UNLAWFUL FOR ANY PERSON OWNING, MAINTAINING, OPERATING OR LEASING SUCH COMMERCIAL ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE OR CONSUMPTION ON PREMISES TO SUFFER OR j PERMIT SUCH CONDUCT BY AN ENTERTAINER OR EMPLOYEE TO OCCUR AT SUCH ESTABLISHMENT; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE AND PROVISIONS FOR THE REVOCATION OF OCCUPATIONAL LICENSE ISSUED BY THE CITY UPON CONVICTION OF ANY OFFENSE DESIGNATED IN THIS ORDINANCE; 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. 8 . APPOINTMENTS/RESIGNATIONS Appointment 8 . 1 Appointment of Robert Dubow, Esq. as Attorney for the Code Enforcement Board. 10. DISCUSSION 10 .3 Discussion regarding letter reflecting the City' s Position with respect to the Houston Park Lease, reviewed by City Attorney Frank Adler. I 1