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Regular Meeting
Dania City Commission
November 13, 1979
Invocation: Reverend James Stephens.
Pledge of Allegiance.
Roll Call :
Present:
5; Mayor: James Adams
c Vice Mayor: John Bertino
Commissioners: Jean Cook
Robert Donly
Howard Hirsch
City Attorney: Frank Adler
City Manager: Richard Marant
== City Clerk: Wanda Mullikin
Police Chief: Rudolf Rigo
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
A motion was made by Commissioner Cook, seconded by Commissioner Donly,
to approve the minutes of the October 23, 1979 meeting.
The motion passed unanimously.
1. Public Hearings:
a) Mayor Adams opened the public hearing on a request by John Hille
for a special exception to allow a paint and body shop in a C-3
zone.
A motion was made by Commissioner Cook to continue this item to the
next meeting after consideration by the Zoning Board.
The motion passed unanimously.
b) Mr. Dixon Thomas, of Walden & Walden, represented Lawrence J.
Cuthbertson in his request to rezone the N 216' of the Ek of the
NE; of the SW; of the NWh, less the East 200' thereof, Section
35-50-42, from single family residential to commercial.
City Attorney Adler read the title of the ordinance.
A motion was made by Commissioner Bertino, seconded by Commissioner
Donly, to adopt the ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
c) Mayor Adams opened the public hearing on a request by Jack Besner to
allow the construction of a triplex in a duplex zone on a lot 62'
by 125' located at NW 13th Avenue north of Dania Beach Boulevard,
and to waive the required platting procedure.
A motion was made by Commissioner Donly, seconded by Commissioner
Bertino to continue this item until the next meeting and to refer
it back to the Zoning Board.
The motion passed unanimously.
d) Mayor Adams opened the Public Hearing on a variance request by
Sharyn Matarazzo to allow consumption of beer on the premises
located at 706 South Federal Highway. Subject property is located
within 1,000 feet of a church .
Several citizens spoke against the variance.
A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch, to deny the request.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
e) Mr. Kenneth Spry represented Mr. Caesar Favarato in his request for
a variance to allow the construction of a warehouse on a lot of
insufficient width and setbacks located on the Northeast corner
of SW 9th Street and Phippen Road, and to waive the required
platting procedure.
Several area residents objected .to .this _request.
A motion was made by Commissioner Bertino to grant the variance,
but to require that the building be turned so that it faces west,
that the parking requirements be waived by two, and that the platting
be waived. The motion was seconded by Commissioner Donly.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - no Mayor Adams - yes
Commissioner Donly - yes
f) Mayor Adams opened the public hearing on a request by William Wosenitz
for a variance to allow an additional living unit on a lot of insuffi-
cient width and square footage. The property, located at 40 SE 12th St.
is zoned duplex.
A citizen representing neighbors in the area spoke against this
variance.
A motion was made by Commissioner Donly, seconded by Commissioner
Hirsch, to grant the variance subject to the paving of four parking
spaces on the property.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
g) Mayor Adams opened the public hearing on a variance request by
Douglas Richards to allow the construction of a duplex on a lot of
insufficient width located at 274 SW 9th St.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Bertino, to continue this item until the December 11 meeting and refer
it back to the Zoning Board for reconmendation.
The motion passed unanimously.
h) Mayor Adams opened the Public Hearing on a request by Genva Galbreath
to allow the construction of a carport with insufficient setbacks
on property located at 60 SW 15th Street.
Regular Meeting - 2 - November 13, 1979
Mrs. Galbreath presented her plans for proper location of the
carport.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Cook, to grant this variance.
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The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes µ
i) City Attorney Adler read the title of a proposed ordinance amending
Section 3 of Ordinance No. 112, passed and adopted October 12, 1976, ¢
to provide additional qualifications and requirements that must
be met by wrecker or towing service companies in order to be placed Y
on the approved rotation list used by the City of Dania.
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A motion was made by Commissioner Donly, seconded by Commissioner ro
Hirsch to adopt the ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
j) City Attorney Adler read the title of a proposed ordinance amending
Ordinance No. 347 in reference to Social Security deductions for
part-time employees.'
A motion was made by Commissioner Bertino, seconded by Commissioner
Donly to adopt the ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
k) City Attorney Adler read the title of a proposed ordinance amending
Ordinance No. 90, increasing the maximum allowable outstanding
promissory obligation to a sum not to exceed $500,000.00
A motion was made by Commissioner Hirsch, seconded by Commissioner
Bertino, to adopt the ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
2. Receipt of bids for repaving and drainage of SW 4th Avenue and 3rd St.
A motion was made by Commissioner Hirsch to close the bidding.
A motion was made by Commissioner Bertino, seconded by Commissioner Cook
to reject the bids and rebid this project due to the fact that the
bid was advertised as SW 4th Avenue and 3rd Street and should be SW 4th
Court and 3rd Street.
The motion passed unanimously.
Regular Meeting - 3 - November 13, 1979
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?: 3. City Manager Marant presented to the commission City Engineer John
Ti recommendation
to gertailBlvd.. & 1 award h line-95Crossingto the olowest bidder, that ntract fr the rbeing
at
,r Intercounty Construction Company at a cost of $69,671.00.
A motion was made by Commissioner Bertino, seconded by Commissioner
"
ut Hirsch to accept the City Engineer's recommendation to award: tract to Intercounty Construction Company.. the con-
The motion passed unanimously,
( item 9 on
agenda) 4. A motion was made by Commissioner Hirsch, seconded by Commissioner
Bertino, to approve the transfer of money from the Water Fund to Special
Project - Extension of water line on Tigertail Boulevard.
The motion passed unanimously.
(item 4 on
agenda) 5, City Manager Marant presented to the Commission City Engineer John
Farina's recommendation to award the contract for sewer improvements to
Gabriel Construction. This award is subject to the approval of the
_ +2 U.S. Department of Housing and Urban Development. Several change orders
were also recommended.
A motion was made by Commissioner Donly, seconded by Commissioner Bertino,
to accept the recommendations of the City Engineer to award the contract
for sewer improvements to Gabriel Construction Company with the inclusion
of the change orders outlined by the City Engineer.
The motion passed unanimously.
( item 5 on
agenda) 6. City Attorney Adler read the title of a proposed Resolution prepared by
Mr. Clarke Walden determining the application of a payment of $33,000.00
on May 18, 1973, by Bo-mark Corp, to the City of Dania. It was recommended
that the resolution be adopted with certain language changes and deletions
which he {Hinted out to the Commission.
` A motion was made by Commissioner Donly, seconded by Commissioner Hirsch,
to adopt the resolution as amended.
The motion passed unanimously.
Commissioner Bertino moved to amend the motion to read, "the resolution
is subject to proper verification of the land by the City Engineer. "
The motion was seconded by Commissioner Hirsch and passed unanimously.
(item 6 on
agenda) 7. City Attorney Adler read the title of a proposed Resolution waiving the
90 day cancellation clause so the effective date of cancellation of the
lease between City of Dania and the Broward County Schood Board for the
old Dania Elementary School will be immediate and effective November-1,
1979.
A motion was made by Commissioner Donly, seconded by Commissioner Hirsch,
to adopt the resolution with the addition of City Attorney Adler's
wording to insert at the end of section 3, "accept this agreement,
based upon cost of demolition as of November 1, 1979," and that the
figure arrived at in November will be the agreed upon cost.
The motion passed unanimously,
Commissioner Donly requested that the Building Official condemn the
building.
City Attorney Adler stated that we have no jurisdiction over the School
Board's property.
Regular Meeting - 4 - November 13, 1979
( item 7 on
agenda) 8. The Commission agreed that Mayor Adams would set the date and time for
a workshop between the City Commission and Planning & Zoning Board to
discuss RMO zoning and notify the Commission.
(item 8 on
agenda) 9. Mayor Adams recommended that the Commission appoint Mildred Jones as
the City's representative to serve on the Broward County Human
Relations Board.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Donly, to accept the Mayor's recommendation and adopt a resolution
appointing Mildred Jones to the Human Relations Board.
The motion passed unanimously.
10. Survey and Report of Code Enforcement Division as requested by
Commissioner Cook.
Building Official Maxwell presented a report on the increase in revenue
through better code enforcement through the joint efforts of the Build-
ing Department personnel .
Many code violations have been corrected in the annexed area.
Trash and junk vehicles have been the biggest problems and Mr. Maxwell
suggested the use of a transfer station instead of pick-up service.
11. A motion was made by Commissioner Bertino, seconded by Commissioner
Donly, to cancel the meeting of December 25, 1979, as it is Christmas
Day.
The motion passed unanimously.
12. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly,
to approve the bills as paid for the month of September and October.
The motion passed unanimously.
13. Approval of proposal to resurface tennis courts, basketball court, and
handball courts at Frost Park in the amount of $3,277.49.
A motion was made by Commissioner Cook, seconded by Commissioner Donly,
to adopt a resolution approving the proposal .
The motion passed with Commissioner Bertino voting no.
14. Attorney's Report:
City Attorney Adler reported the need for a 60 day extension of the
Saturday Corporation agreement due to the fact that the court hearing
to determine whether or not the City can enter into the lease agreement
will not be held until January 7, 1980, which is the earliest hearing
date available.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook,
to grant the extension as requested by City Attorney Adler.
The motion passed with Commissioner Bertino voting no.
15. Citizens ' Comments:
John Vollman commented about not having clear vision at many inter-
sections because of shrubbery. The Building Department was instructed
to check on this.
Fred Caldwell and Carl Zenobia asked about the drainage along SE 4th
Avenue and 3rd Place.
Regular meeting - 5 - November 13, 1979
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Murray Shockett inquired about the dismissal of John Barra, CETA Beach
Patrol. City Manager Marant reported that he was a CETA employee and
the grant had ended.
Mayor Adams presented a letter of resignation from Stirling Collins,
Chairman of the Housing Authority.
A motion was made by Commissioner Bertino requesting the Commission to
consider a resolution supporting the purchase of West Lake an emergency
item because the meeting of the Broward County Board of Commissioners
will be on November 20, 1979. The motion was seconded by Commissioner
Donly and passed unanimously.
A motion was made by Commissioner Bertino to direct the City Attorney to
draw up a resolution giving the support of the City of Dania for the
purchase of the entire West Lake area for a regional park and securing
any possible Federal funds along with our bond issue money. The motion was
seconded by Commissioner Donly.
The motion passed unanimously.
Commissioner Donly reported he was considering someone to replace his
appointee to the Planning & Zonning Board.
The Meeting Adjourned.
AYOR - COMMISSIONER
CITY CLERK - AUDITOR
Regular Meeting - 6 - November 13, 1979
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AGENDA
REGULAR MEETING
DANIA CITY COM14ISSION
NOVEMBER 13 , 1979
'z 8 : 00 P.M.
MEETING TO ADJOURN ON OR BEFORE 12 : 00 A.M.
Invocation by Reverend James Stephens.
Pledge of Allej;iance•
Roll Call .
Approval of the minutes of the regular meeting of October 23 , 1979.
1. Puhlic Hearings :
a) A special exception is requested by John Hille for the property
ie Highway to allow a paint and body
located at 1502 South Dix
shop in a C-3 (commercial) zone. The Planning and Zoning item
at their meeting of November 6 , 1979 , deferred
ntil
their next regular meeting of December 4 , 1979.
EXHIBIT: Notice of Hearing
b) Request is made by Lawrence J. Cuthbertson to pass of the
on first
reading an ordinance rezol
East2200'16' othereof�f the , SectionNE'�
of the SW', of the NW'4, less
35-50-42 from existing zoning
Tclassihe Z ficationoning RS-8000endedgthat
family residential) to C-3.
the Commission pass this ordinance on first reading.
EXHIBIT: Notice of Hearing
c) A variance is requested by Jack Besner for the property loca-
ted on NW 13th Avenue , north of Dania Beach Boulevard, to
allow the construction of a triplex in an R-2 (duplex) zone
on a lot 62 ' by 125' and to waive the required platting pro-
® cedure. The Zoning Board deferred this item until their next
regular meeting of December 4 , 1979.
EXHIBIT: Notice of Hearing
d) A variance is requested by Sharyn Matarazzo for the property
located at 706 South Federal Highwaerto allzonednsu3ptionisf
beer on the premises. Subject p P Y
and
within 1,000 feet of a church. The Zoning Board made no
recommendation on this item.
EXHIBIT: Notice of Hearing
e) A variance is requested by Caesar Favarato for the property
located on the northeast corner of SW 9th Street and Phippen
Road to allow the construction of a warehouse on a lot with
insufficient size and setbacks and to waive the rrovaleofpthis
ting procedure. The Zoning Board recommended with aping as shown•
request as per submitted site p
EXHIBIT: Notice of Hearing
A f) A variance is requested by William Wosenitz for the property
located at 40 SE 12th Street to allow an additional living unit.
Subject property is zoned RD-6000 (duplex) and the lot is in-
sufficient et width m property ownerre ge to allow and Notice of Hearing
EXHIBIT : Letter from p p Y
g) A variance is requested by Douglas Richards for the property
located at 274 SW 9th Street to allow the construction of a
fficient width• Subject property is
duplex on a lot of insu
zoned RD-6000. The Zoning Board deffered this item until their
next regular meeting of December 4 , 1979.
EXHIBIT: Notice of Hearing
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h) A variance is requested by Genva Galbreath for the property
located at 60 SW 15th Street to allow the construction of a
carport with insufficient setbacks . Subject property is zoned
RD-6000. The Zoning Board recommended approval of this request .
EXHIBIT: Notice of Hearing
D First reading of ordinance amending Section 3 of City of Dania
Ordinance No. 112 passed and adopted October 12, 1976 , to pro-
vide additional qualifications and requirements that must be met
by wrecker or towing service companies in order to be placed on
approved rotation list used by the City of Dania.
EY11TBIT: Ordinance forthcoming
j ) First reading of ordinance amending Ordinance #347 in reference
to social security deductions for part-time employees .
EXHIBIT: Ordinance
k) First reading of ordinance amending Ordinance No. 90 increasing
the maximum allowable outstanding promissory obligations to a
sum not to exceed $500, 000.
EXHIBIT : Ordinance
2. Receipt of bids for repaving and drainage of SW 4th Avenue and 3rd
Street.
3. City Manager' s recommendation and possible awarding of contract for
water line at Tigertail Boulevard - I-95 crossing.
4 . City Manager' s recommendation and possible awarding of contract for
sewer improvements.
5 . Possible adoption of Resolution prepared by Clarke Walden determining
the application of a payment of $33 ,000 made on May 18 , 1973 , by
Bo-Mark Development Corporation to the City of Dania.
EXHIBIT: Letter from Clarke Walden and Resolution
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6. Adoption of Resolution waiving 90 day cancellation clause so effec-
tive date of cancellation will be immediate and effective with the
Broward County School Board November 1, 1979.
EXHIBIT : Letter from School Board and(Resolution forthcoming)
7. Set date and time for workshop between City Commission and Planning
and Zoning Board to discuss RMO zoning.
S. Appointment of City Representative to serve on the Broward County
Human Relations Board.
9. Request approval to transfer money from Water Fund to Special Project-
Extension of water line on Tigertail Boulevard.
10. Survey and Report of Code Enforcement Division. Commissioner Cook
11. Possible cancellation or rescheduling of regular Commission meeting
of December 25 , 1979.
12 . Approval of the bills as paid for the month of September and October.
13. Approval of proposal to resurface tennis courts, basketball court
and handball courts at Frost Park.
EXHIBIT: Proposals
14 . Attorney' s Report.
15 . Citizens' Comments.
Regular Commission Agenda -2- November 13 , 1979