HomeMy WebLinkAboutNULL (126) I
MINUTES i
DANIA CITY COMMISSION
SPECIAL MEETING I
MARCH 13 , 1985
Present:
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Mayor: Chester A. Byrd r
Vice-Mayor: John Bertino
Commissioners : James Adams !
Jean Cook f
Robert Donly I
City Attorney: Frank Adler
City Manager: Richard Marant
City Clerk : Wanda Mullikin
1 . CERTIFICATION OF MARCH 12 , 1985 GENERAL ELECTION RESULTS .
A motion was made by Commissioner Donly, seconded by
Vice-Mayor Bertino to accept the Certification of results
from the City of Dania General Election of March 12 , 1985:
James G. Adams with 822 votes, Chester A. Byrd with 1501
votes, Howard Hirsch with 934 votes, C.K. "Mac" McElyea with
1085 votes , Bob Mikes with 794 votes and Tony Stevens with
843 votes; total ballots cast , 2651 .
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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
This Special Commission Meeting was then adjourned.
MAYOR COMMISSIONER
`CITY CLERK-AUDITOR
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Special Meeting 1 March 13 , 1985
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CITY OF DANIA '
GENERAL ELECTION
MARCH 12, 1985 1
WE HEREBY CERTIFY THE RESULTS FROM THE GENERAL ELECTION FOR THE CITY OF DANIA.
TOTAL BALLOTS CAST: 2651
CITY COMMISSION-VOTE FOR THREE
JAMES G. ADAMS 822
VOTES. j
CHESTER A. BYRD 1501
VOTES.
HOWARD HIRSCH 934
VOTES.
C.K. "MAC" MC ELYEA 1085
VOTES.
BOB MIKES 794
VOTES.
TONY STEVENS 843
VOTES.
BROWARD COUNTY CANVASSING BOARD
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COUNTY tnD m ��
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RVIS ELECTIONS
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"TYIS IONER
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AGENDA
DANIA CITY COMMISSION
SPECIAL MEETING
MARCH 13, 1985
7:45 P.M.
CERTIFICATION OF MARCH 12, 1985 GENERAL ELECTION RESULTS.
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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
MARCH 13 , 1985
INVOCATION - JAMES ADAMS
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PLEDGE OF ALLEGIANCE
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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 Official : Officer Tobias
Building Official : Paul Maxwell
ADDENDUM ITEM:
CONSIDERATION OF ROBERT ' BO' DONLY TO CHAIR THE MARCH 13 , 1985
CITY COMMISSION MEETING.
-..,� A motion was made by Vice-Mayor Bertino, seconded by Commissioner
Cook to honor Mayor Byrd' s proposal and offer the seat of Mayor to
Commissioner Donly for the duration of this regular meeting. 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
Commissioner Donly accepted the Mayor' s chair and thanked the
Commissioners for this opportunity to conduct the meeting .
1 . CONSENT AGENDA
Minutes
1 . 1 Minutes - Special Meeting held on 3/4/85
1 . 2 Minutes - Regular Commission Meeting 2/26/85
1 . 3 Minutes - Special Meeting held on 2/7/85
1 .4 Minutes - Special Meeting held on 2/4/85 ( no meeting -
placed on agenda in error)
Bills
1 . 5 Bills for the month of December, 1984
Ordinances ( First Reading)
1 .7 (PL-10-85 ; property located at Taylor Road one-half mile
east of U.S . 1 )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "B. & S. PLAT" , SAME BEING THE WEST 17.69
FEET OF THE SW 1/4 OF THE SW 1/4 OF SECTION 26 , TOWNSHIP
50 SOUTH, RANGE 42 EAST, LESS THE NORTH 30 FEET;
TOGETHER WITH: THE EAST 315.75 FEET OF THE WEST 333 .44
FEET OF THE SOUTH 435 .34 FEET OF THE NORTH 465 .34 FEET
OF THE SW 1/4 OF THE SW 1/4 OF SAID SECTION 26 , TOWNSHIP
50 SOUTH, RANGE 42 EAST; TOGETHER WITH: THE E 1/2 OF
THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 ,
L TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE NORTH 30
FEET FOR ROAD RIGHT-OF-WAY (TAYLOR ROAD) , AND LESS THE
FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHEAST
Regular Meeting 1 March 13 , 1985
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CORNER OF SAID E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE
SE 1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH, RANGE 42 EAST,
THENCE SOUTH 2 DEGREES 01 ' 16" EAST, ALONG THE EAST LINE
THEREOF, FOR A DISTANCE OF 30 .00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF TAYLOR ROAD; THENCE SOUTH 89
DEGREES 27 ' 51 " WEST, ALONG SAID RIGHT-OF-WAY LINE, FOR
A DISTANCE OF 54 .35 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE, FOR A
DISTANCE OF 286 .72 FEET TO A POINT ON THE WEST LINE OF
SAID E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 ,
THENCE SOUTH 1 DEGREE 59 ' 09" EAST, ALONG SAID WEST
LINE, FOR A DISTANCE OF 107 .29 FEET; THENCE NORTH 53
DEGREES 36 ' 15" EAST, FOR A DISTANCE OF 146 .52 FEET;
THENCE NORTH 81 DEGREES 55 ' 38" EAST, FOR A DISTANCE OF
116 .25 FEET; THENCE NORTH 82 DEGREES 25 ' 19 " FAST, FOR A
DISTANCE OF 50 .39 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THE WEST 501 .80 FEET OF THE EAST 531 .80
FEET OF THE SOUTH 444. 55 FEET OF THE SW 1/4 OF THE SW
1/4 OF SECTION 26 , 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 "B. & S.
PLAT"; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE was read
for first reading by Acting Mayor Donly.
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1 .8 (PL-09-85; property located on Ravenswood Road
approximately 667 feet north of Stirling Road)
" AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "BUD PLAT" , SAME BEING ALL THAT PORTION OF
THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4; AND THE SOUTH
138 . 46 FEET (AS MEASURED AT RIGHT ANGLES ) OF THE SW 1/4
OF THE NW 1/4 OF THE SW 1/4 OF SECTION 33 , TOWNSHIP 50
SOUTH, RANGE 42 EAST, LYING WEST OF THE SEABOARD SYSTEM
RAILROAD; 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 "BUD PLAT" ; AND PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE was read for first reading by City Manager Marant.
1 .9 (LU-08-85 ; 1540 Griffin Road)
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE
CITY' S CERTIFIED LAND USE PLAN MAP FROM INDUSTRIAL TO
COMMERCIAL, ON A PARCEL OF LAND CONTAINING 8 .95 ACRES
MORE OR LESS, BOUNDED ON THE NORTH BY THE DANIA CUT-OFF
CANAL, THE SOUTH BY GRIFFIN ROAD, THE EAST BY THE DANIA
CUT-OFF CANAL AND THE WEST BY A LINE APPROXIMATELY 450
FEET EAST OF THE NORTHBOUND LANE OF INTERSTATE 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 first reading by Acting
Mayor Donly.
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A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to approve the consent agenda with the
exception of item 1 .6 . 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
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Regular Meeting
2 March 13 , 1985
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1 .6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "DUKE & DUKE SUBDIVISION" , SAME BEING THE F.
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 j
DESCRIBED PARCEL (AS MEASURED PERPENDICULAR TO THE NORTH f
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 NO. 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 I
r EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE. (PA-39-84 ; property generally located North of
Stirling Road , South of West Dania Beach Boulevard and
j East of I-95)
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A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to withdraw item 1 .6 at the petitioner' s
request . The motion passed unanimously.
2 . PUBLIC HEARINGS
Variances
2 . 1 VA-11-85 , Sherwood M. Weiser, Tr. , property located at
Griffin Road and I-95
Dale Anderson , representing the petitioner, stepped _
forward to request a variance to allow two pole signs in
excess of 50 square feet, one to be approximately 360
square feet and the other to be approximately 240 square
feet on the 42 acre Sheraton Hotel and Design Center of
the Americas parcel of land.
The Planning and Zoning Board recommended approval with
the provision that "Dania" be put on the sign and the
setback on Griffin Road to accommodate intersection
vision be increased.
Acting Mayor Donly opened the public hearing . Hearing
no one speak in favor or opposition, the Mayor closed
the public hearing.
During discussion, Commissioner Cook objected to the
j artist' s sketch which named the City of Ft. Lauderdale.
J{ Mr. Anderson said that the actual graphics of the sign
have not yet been decided upon and that the standard
practice is not to name any city. Building Official
Maxwell stated that the graphics are usually included in
variance requests.
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Regular Meeting 3 March 13 , 1985 �I
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A motion was made by Mayor Byrd, seconded by
Commissioner Adams to grant the variance to Sherwood M.
Weiser, Tr. as to the size of the structures with the
provision that the graphics be brought before the
Commission for approval and providing that the Planning
and Zoning Board' s recommendation regarding increased
setback on Griffin Road is satisfied .
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The motion passed on the following roll call vote: 1
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Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
Acting Mayor Donly acknowledged State Representative Anne
MacKenzie in attendance .
2 .2 VA-12-85 , Griffin Road Partnership, (Village Marina) ,
1540 Griffin Road
Donald Hall. , Attorney for the petitioner, stepped
forward to request a variance for the height restriction
in the C-3 zoning classification in order to construct a
hotel/office complex up to 110 feet in height.
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The Planning and Zoning Board recommended approval of
the request subject to FAA and Broward County Aviation
Department approval .
Acting Mayor Donly opened the public hearing. Hearing
Gloria Madden speak in favor and no opposition, the
Mayor closed the public hearing .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to grant the variance to Griffin Road
Partnership subject to FAA and Broward County Aviation
Department approval .
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
Special Exceptions
2 .3 SE-07-85 , Mark A. Gross, 550 South Federal Highway
Mark Gross stepped forward to request a special
exception to allow wholesale sales with minor retail
sales of automobiles and to allow enclosed
rehabilitation of automobiles. No painting or body work
will be done on the premises. All vehicles will be late
models with no wrecks to be brought to the property.
Mr. Gross stated that a proper site plan has been
submitted to the Building and Zoning Dept. satisfying
the Planning and Zoning Board recommendations. 4
Acting Mayor Donly opened the public hearing . Hearing j
III many comments both in favor and opposition, the Mayor
closed the public hearing .
A motion was made by Commissioner Adams to deny the
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special exception . The motion failed for lack of a
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lAfter discussion, a motion was made by Mayor Byrd ,
seconded by Commissioner Adams to deny the special
exception to Mark A. Gross .
Regular Meeting 4 March 13 , 1985
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The motion to deny passed on the following roll call
vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-abstain Mayor Byrd-yes
Commissioner Donly-yes
Ordinances (Second and Final Reading)
2.4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA PROHIBITING
NUDE OR SEMI-NUDE ENTERTAINMENT, THE EXPOSURE OF THE p
FEMALE BREAST AT OR BELOW THE AREOLA THEREOF, OR TO
COVER THE SAME WITH A DEVICE SIMULATING THE SAME, THE j
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
�r 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
ENTERTAINER OR EMPLOYEE TO OCCUR AT SUCH ESTABLISHMENT;
PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE I
AND PROVISIONS FOR THE REVOCATION OF OCCUPATIONAL
LICENSE ISSUED BY THE CITY UPON CONVICTION OF ANY E
OFFENSE DESIGNATED IN THIS ORDINANCE; PROVIDING THAT ALL i
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 .
Acting Mayor Donly 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 on second and
final reading.
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
2 .5 (PZ-59-84 ; 180 Bryan Road) (Continued from 2/26/85
Regular Commission Meeting)
AN ORDINANCE, OF THE. CITY OF DANIA, FLORIDA, APPROVING
j 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
Regular Meeting 5 March 13 , 1985
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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 Acting Mayor Donly.
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Jan Hansen, Planning Consultant representing the
applicant, Michael Thomas , stepped forward to explain
the problems with the 30 ' dedication as a means of
access along the proposed NW Second Street and the
reasons for the applicant' s opposition to the City g
Engineer' s recommendation.
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Building Official Maxwell stated that access to the rear
of the Design Center of the Americas for emergency
vehicles must be provided per the Design Center DRI. He
described the letter received from the applicant
describing the alternate proposal of bringing 18th
Avenue to Stirling Road, doing a study and meeting with
the property owners in that area. The Building
Department ' s recommendation is that, according to the
plat, approval should be contingent upon either the
proposed corridor study providing alternative
right-of-way to the properties or in the event that the
owners cannot provide right-of-way as per the study, NW
Second Street would have to be dedicated .
Acting Mayor Donly opened the public hearing. Hearing
Jim Danto, Design Center of the Americas , speak in favor
of the NW Second Street dedication and opposition to the
18th Avenue proposal , and hearing Marvin Danto object to
the possibility of public traffic going through the
Design Center property, the Mayor closed the public
hearing.
A motion was made by Vice-Mayor Bertino, seconded by
Mayor Byrd to grant approval of the "Bryan Oaks" plat
contingent upon the proposed corridor study which will
be done by a professional selected by the City and paid
for by the petitioner to provide alternative
., , rights-of-way to the property and that the property
owner shall grant these rights-of-way at the City' s
option, or in the event the property owner cannot _
provide these rights-of-way according to the study, that
the NW Second Street right-of-way shall be dedicated by
a separate instrument. The motion also indicated that
the City, in making its decision, will live up to its
agreements with the Design Center so as not to provide
public access through the Design Center and also
indicated that all parties that own property which would
be affected shall be included in the decision making
process.
After much discussion, with input by Mr. Milsap, Mr.
Thomas and Mr. Danto, in the interests of providing an
equitable solution to the problem with total agreement
of all parties involved , the motion and second were
withdrawn .
A motion was then made by Vice-Mayor Bertino, seconded
3 by Commissioner Cook, to continue the second and final '
reading of the ordinance approving the plat of "Bryan
E Oaks" until the next regular Commission meeting of March
26 , 1985 . 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
Regular Meeting 6 March 13 , 1985
3 . SITE PLANS
j 3. 1 Moshe Tubero, property located at SE 4th Avenue and
Sheridan Street
A motion was made by Commissioner Cook, seconded by
Vice-Mayor Bertino to refer this item back to the
Planning and Zoning Board for action at its April 2nd
meeting per the petitioner' s request. The motion passed
unanimously.
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3 .2 K. George Olsen, property located at Taylor Road, Parcel
A, Sea-Aire No. 2
A motion was made by Commissioner Cook, seconded by
Mayor Byrd to refer this item back to the Planning and
Zoning Board for action at its April 2nd meeting due to
the fact that the petitioner was not present at the
Planning and Zoning Board ' s last meeting. The motion
passed unanimously.
4 . OCCUPATIONAL LICENSES - none
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5 . PRESENTATIONS - none
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6 . APPOINTMENTS - none
7 . PURCHASES - none
8 . DISCUSSION - none
9 . ADMINISTRATIVE REPORTS
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9 . 1 CITY MANAGER MARANT commented on negative correspondence
received from the Department of Community Affairs in
Tallahassee regarding the Tubero project .
MR. MARANT read the letter of resignation as Chairman of
the City of Dania Housing Authority received from C.K.
McElyea .
A motion was made by Commissioner Cook , seconded by
Mayor Byrd to accept with regrets the resignation of
C.K. McElyea from the City of Dania Housing Authority.
The motion passed unanimously.
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9 . 2 CITY ATTORNEY ADLER - no comment .
10 . COMMISSION COMMENTS
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10. 1 COMMISSIONER ADAMS expressed his thanks to his fellow
Commissioners, the City Staff and the public for an
enjoyable stay on the City Commission.
10.2 COMMISSIONER COOK suggested that the Police Department
obtain an emergency call listing of all businesses that
obtain or renew occupational licenses.
COMMISSIONER COOK also commented on a traffic problem on
loth Street by the railroad tracks and suggested that
the matter be referred to the D.O.T.
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10 .3 COMMISSIONER DONLY gave farewell thanks and expressed
faith in the Commissioners of the City of Dania and
urged continuance of citizen support.
10 .4 VICE-MAYOR BERTINO expressed gratitude to Commissioner
Adams and Commissioner Donly for all they have done for
the City.
Regular Meeting 7 March 13 , 1985
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10 .5 MAYOR BYRD - no comment. j
11 . CITIZENS' COMMENTS j
No verbal or written requests for citizens' comments for this j
night' s meeting were received . I
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This Regular Commission Meeting was then adjourned.
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MAYOR-COMMISSIONER
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CITY CLERK-AUDITOR j
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Regular Meeting 8 March 13 , 1985
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FORN w MEMORANDUM OF VOTING CC LICT
LAST NAME-FIRST NAME-MIDDLE NAME
THE BOARD, L,COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERVEE IS IS A A U UNIT OF:
MAILING ADDg)E�S�Sp'
O?J G(/ / y 0,61TY OCOUNTY O OTHER LOCAL AGENCY CI STATE
CITY COUNTY
NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
NAME OF BOARD,COUNCIL,COMMISSION.AUTHORITY.OR COMMITTEE
!
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes(Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
Y In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however,the oral and written disclosure of this part must be made.
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1, the undersigned local public officer,hereby disclose that on 19
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(a) 1 abstained from voting on a matter which(check one):
inured to my special private gain; or
inured to the special gain of by whom 1 am retained.
t - PAGE
CE FORM 4.REV. I0-84
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
MARCH 13 , 1985
8 :00 P.M.
INVOCATION
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PLEDGE OF ALLEGIANCE I
ROLL CALL
1 . CONSENT AGENDA
Minutes
1 . 1 Minutes - Special Meeting held on 3/4/85
1 .2 Minutes - Regular Commission Meeting 2/26/85
1 . 3 Minutes - Special Meeting held on 2/7/85
1 .4 Minutes - Special Meeting held on 2/4/85
Bills
1 .5 Bills for the month of December, 1984
Ordinances (First Reading)
1 .6 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
j 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 NO.
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.
(PA-39-84 ; property generally located North of Stirling Road, South 'of West Dania Beach Boulevard and East of I-95 )
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1 .7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"B. & S . PLAT" , SAME BEING THE WEST 17 .69 FEET OF THE SW 1/4 OF THE
SW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE
NORTH 30 FEET; TOGETHER WITH: THE EAST 315 .75 FEET OF THE WEST
333 .44 FEET OF THE SOUTH 435 .34 FEET OF THE NORTH 465 .34 FEET OF THE
SW 1/4 OF THE SW 1/4 OF SAID SECTION 26 , TOWNSHIP 50 SOUTH , RANGE 42
EAST; TOGETHER WITH: THE E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE
1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, LESS THE NORTH
30 FEET FOR ROAD RIGHT-OF-WAY (TAYLOR ROAD) , AND LESS THE FOLLOWING
DESCRIBED PARCEL: COMMENCE AT THE NORTHEAST CORNER OF SAID E 1/2 OF
THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27 , TOWNSHIP 50
SOUTH , RANGE 42 EAST, THENCE SOUTH 2 DEGREES 01 16 EAST, ALONG THE
EAST LINE THEREOF, FOR A DISTANCE OF 30 .00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF TAYLOR ROAD; THENCE SOUTH 89 DEGREES 27 '
51" WEST, ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 54 .35 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 286 . 72 FEET TO A POINT ON THE WEST LINE OF
SAID E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 , THENCE SOUTH 1
DEGREE 59 ' 09" EAST, ALONG SAID WEST LINE , FOR A DISTANCE OF 107 .29
FEET; THENCE NORTH 53 DEGREES 36 ' 15" EAST, FOR A DISTANCE OF 146 .52
FEET; THENCE NORTH 81 DEGREES 55 38 EAST, FOR A DISTANCE OF 116 .25
FEET; THENCE NORTH 82 DEGREES 25 19 EAST, FOR A DISTANCE OF 50 .39
FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE WEST 501 .80 FEET
OF THE EAST 531 .80 FEET OF THE SOUTH 444 .55 FEET OF THE SW 1/4 OF
THE SW 1/4 OF SECTION 26 , 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 "B . & S . PLAT" ; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . (PL-10-85; property
located at Taylor Road one-half mile east of U.S. 1 )
1 .8 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"BUD PLAT" , SAME BEING ALL THAT PORTION OF THE NW 1/4 OF THE SW 1/4
OF THE SW 1/4 ; AND THE SOUTH 138 .46 FEET (AS MEASURED AT RIGHT
ANGLES) OF THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 33 ,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF THE SEABOARD SYSTEM
RAILROAD; 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 "BUD PLAT" ; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (PL-09-85; property
located on Ravenswood Road approximately 667 feet north of Stirling
Road)
1 .9 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE CITY' S
CERTIFIED LAND USE PLAN MAP FROM INDUSTRIAL TO COMMERCIAL, ON A
PARCEL OF LAND CONTAINING 8 .95 ACRES MORE OR LESS, BOUNDED ON THE
NORTH BY THE DANIA CUT-OFF CANAL, THE SOUTH BY GRIFFIN ROAD, THE.
EAST BY THE DANIA CUT-OFF CANAL AND THE WEST BY A LINE APPROXIMATELY
450 FEET EAST OF THE NORTHBOUND LAND OF INTERSTATE 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. ( LU-08-85; 1540 Griffin Road)
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2 . PUBLIC HEARINGS
Variances
2 . 1 VA-11-85 , Sherwood M. Weiser, Tr. , property located at Griffin
Road and I-95
2 .2 VA-12-85 , Griffin Road Partnership, (Village Marina) , 1540
Griffin Road
Special Exceptions
2 .3 SE-07-85 , Mark A. Gross , 550 South Federal Highway
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Ordinances (Second and Final Reading)
2 .4 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 x-
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 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.
2 .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) (Continued from 2/26/85 Regular Commission Meeting)
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3 . SITE PLANS
3 .1 Moshe Tubero, property located at SF. 4th Avenue and
Sheridan Street
3 .2 K. George Olsen, property located at Taylor Road , Parcel
A, Sea-Aire No. 2
4 . OCCUPATIONAL LICENSES - none
5 . PRESENTATIONS - none
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6 . APPOINTMENTS - none
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7 . PURCHASES - none
8 . DISCUSSION - none
9 . ADMINISTRATIVE REPORTS
9 .1 City Manager
9 .2 City Attorney
10 . COMMISSION COMMENTS
12 . 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.
IA 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 .
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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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ADDENDUM
DANIA CITY COMMISSION
MARCH 13 , 1985
8 :00 P.M.
1 . CONSIDERATION OF ROBERT 'BO' DONLY TO CHAIR THE MARCH 13 , 1985
CITY COMMISSION MEETING.
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