Loading...
HomeMy WebLinkAbout86443 - MINUTES - City Commission MINUTES OF SPECIAL MELTING CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JUNE 26, 1956. The City Commission of the City of Dania, Florida met in Special Session in the Commission Room at the City Hall. PRESENT WERE: MAYOR COMMISSIONER FRANK E. EBY COMMISSIONERS E. B. ELKINS ROBERT E. HOUSTON JAMES J. MCMILLAN E. S. TUBBS , JR. CITY ATTORNEY CLARKE WALDEN CITY CLERK MARY THORNHILL ' Meeting called to order at 8:00 o1clock A. M. by Mayor Eby. Mayor Eby stated that a Special Meeting had been called for 8:00 A. M. today for the purpose of taking some action on the problem facing us with the City Manager. Due to circumstances that have developed recently, we feel that it is to the best interests of the community to get the resignation of Mr, Malley. I asked him before we came upstairs if he wanted to submit his resignation, and he said he did not. I wonder Mr. Malley if you have changed your mind? Mr. Malley stated that with the charges leveled at him in the news- papers and by word of mouth, he would be admitting to the charges. That he did not want to turn in his resignation at this time. And my position would be indefensible . Mayor Eby asked what are the wishes of the commission on the matter. Commissioner Houston stated that at no time were there any direct charges made by any member of this board and directed at Mr. Malley. A motion was made by Commissioner McMillan that a resolution be drawn and. passed relieving the City Manager, Louis Malley, of his , duties immediately; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Mr. Malley asked the Commissioners if he would have any hearing or trial . Commissioner Houston advised Mr. Malley that it was not necessary that he was on probation the first six months. Mayor Eby stated that the chair would entertain a motion to ap- point an Acting City Manager. A motion was made by Commissioner Houston to appoint Mary Thorn- hill Acting City Manager, that he felt sure every member of the board would give her their full co-operation in the discharge of her duties; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes There being no further business, on motion and vote the meeting adjourned. �9�ri ,Y A✓ Mary Thornhill City Clerk 7Fa—nR= Eby Mayor Commissioner MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA HELD JULY 7, 1958• The City Commission of the City of Dania, Florida, met in Regular Session in the Commission Roorp at the City Hall. PRESENT 14ME: MAYOR COMMISSIONER FRANK E. EBY COMMISSIONERS E. B. ELKINS ROBERT E. HOUSTON JAMES J. MCMILLAN E. S. TUBBS, JR. ' CITY ATTORNEY CLARKE 14ALDEN CHIEF OF POLICE GEORGE WILLIAMS BUILDING INSPECTOR A. F. RAYMOND CITY CLERK MARY THORNHILL meeting called to order at 8:00 P.M. o'clock by Mayor Eby. Minutes of meetings held June 10, 16 and 26, 1958 read. A motion was made by Commissioner Tubbs minutes be adopted as read; motion seconded by Commissioner Houston, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes "AN ORDINANCE REQUIRING SIDE14ALKS TO BE BUILT, AND UNDER WHAT CONDITIONS," was read. A motion was made by Commissioner Houston this ordinance be passed on third and final reading; motion seconded by Commissioner Elkins, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes "AN ORDINANCE REZONING A PORTION ;OF HOLLYWOOD CENTER AMENDED AND OCEAN VIEW GOLF ADDITION," was read. A motion was made by Commissioner Houston this ordinance be passed on second reading; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Hearing for Objections to the paving of S. W. 12th Avenue, from S. W. 16th Street to S. W. 4th Street, was read. Mayor Eby called for objections to this paving. There were no objections. "Resolution of Necessity for the pavin& of S. W. 12th Avenue, from S. W. 16th Street to S. W. hth Streetyi was read. A motion was made by Commissioner Tubbs this resolution be passed; motion seconded by Commissioner McMillan, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes -2- NOTICE OF HEARING FOR OBJECTIONS TO REZONING that part of Block 5, DALTON MANOR AMENDED" , formerly platted as Lots 1 to 5 in- clusive, Block 5, DALTON MANOR, from R-2 Classification to R-3 Classification, was read. Mayor Eby called for objections to this rezoning. Attorney !Malden advised that the hearing had been advertised for 8:30 P.M. o 'clock and asked that it be tabled until that time. A motion was made by Commissioner Tubbs this hearing be tabled until 8:30 as advertised; motion seconded by Commissioner Elkins ' and carried. The following bills were presented for payment: B & C CONSTRUCTION COMPANY _ Adult Recreation Building $5,055.68 Requisition #4 Concession Building & $1,687.91 Rest Rooms - 30 Acre Park Requisition #3 A motion was made by Commissioner Elkins these bills be paid; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes J. L. CROUCH Rest Rooms at Dania Beach $2,495.16 ' Requisition #2 A motion was made by Commissioner McMillan this bill be paid; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes VICTOR A. LARSON Supervision on Recreation Building $ 300.00 Frost Park A motion was made by Commissioner Elkins this bill be paid;motion seconded by Commissioner McMillan, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes , McMillan Yes Tubbs Yes Eby Yes BUZZA CONCRETE COMPANY 255 Linear feet of sidewalk $ 357.00 Frost Park @ $1.40 A motion was made by Commissioner Elkins this bill be paid; motion seconded by Commissioner McMillan, and the roll being called, the following commissioners voted: �c - -2A- Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes A motion was made by Commissioner Elkins that all bids be closed; motion seconded by Commissioner Tubbs and carried. Mayor Eby called for the continuation of a hearing for the re- zoning of a portion of Block 5, Dalton View, from R-2 Classifi- cation- to R-3 Classification, and called for objections, if any. K.K. Hines, Lot 12, block 5, Dalton Manor , I wish to object. Paul Scirpo, Lots 5, 6, 7, 8, and 10, Block 5, Dalton Manor, I wish to object. Howard Bloodgood, 301 S. E. 3rd Place, I wish to object. Mary Bloodgood, 301 S. E. 3rd Place, wife of Howard Bloodgood, I wish to object. Mayor Eby -- Are there any others in the audience that wishes to object to this rezoning? Mayor Eby -- Mhpre is a letter to be read by the Clerk. " 30 S. E. 3rd Place Dania, Florida July 10 1958 Mayor Frank Eby 51 S. W. 4th Street Dania,, Florida Dear Sir: In regard to the proposed re-zoning of a portion of Block 5, Dalton Manor, I wish to state my opposition to same. While'I realize that we have a need for motels, tourist courts, etc. , I feel that we also have a definite need to retain and maintain our residential neighborhoods. It is my humble opinion that the proposed rezoning would be an- infringement on the rights and privileges of those of us who are year-round residents who have already bought or built our homes adjacent, who have a sincere interest in our neighborhood and community. I trust that those persons involved will give the matter their consideration. Sincerely, Merry B. Rucks (Mrs. J. E. Rucks) CC to Commissioners Mayor Eby -- Is there any one in the audience that wishes to speak for the rezoning? Is Mr. Mannheimer in the audience? We have eight property owners objecting to this rezoning. What are the wishes of the commission on this request? Commissioner Houston -- Mr. Scirpo, do your lots run out to Second. Avenue? Mr. Scirpo -- No. I believe they are about 1201 ' away. Commissioner Houston -- That is two lots away from Second Avenue. Is there an alley betweeri these properties? - 2B - Mr. Scirpo -- No. Commissioner Houston --Only the first five lots of this block are recorded} the numbers being called off here tonight are from the old plat, which has since been put back to acreage. What is the closest R-3 zoning to this property? Commissioner Tubbs -- 1501 directly west of this property. A motion was made by Commissioner McMillan that the request for rezoning a portion of Block 5, Dalton Manor, formerly platted as Lots 1 to 5, inclusive, Block 5, Dalton Manor , be denied on the grounds i.t would be spot zoning; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes. Eby Yes A letter was read from the Dania Chamber of Commerce, signed by H. A. Rickards, President, thanking the Commissioners , City Clerk . and all city employees for contributing so much to making his year as president of the Chamber a very enjoyable one. A letter was read from the Central and Southern Florida Flood Control District, requesting a deed delivered to the City Manager in May be executed conveying the right-of-way for the widening of the Hollywood Canal. Mr. Baldwin, Engineer with the Flood Control District was present and advised the commission that the water way would be 1001 but that they needed approximately 40t on each side to work the drag lines. Mayor Eby asked Mr. Baldwin what the length of the canal would ' be when finished. Mr. Baldwin stated that it would extend from the Dania Cut-Off- Canal to Johnson Street in Hollywood, that he did not know the exact distance. Commissioner Houston -- You are going over to the fence of the Mosquito Control Buildings. If you do this we will not have a way to get into our property, as the property is very narrow on Stirling Road. We would be sitting here with a piece of property in the back with no way to get to it. I am in hopes we can get into an incinerator in the near future in this location. Without a way to get into the property it would be of no value to us, you might as well take it all. Mayor Eby asked Mr. Baldwin if he could arrange to have a special meeting with Mr. Gardner and the commissioners right away and see if the problem could be ironed out. That the commission had de- finite plans for an incinerator, and it will hurt us if we cannot get into this .property. We will be glad to meet with you and Mr. Gardner as soon as it can be arranged. Mr. Baldwin stated that he would contact Mr. Gardner and find out when he could meet with the commissioners. ' A letter was read from Cheney Lime & Cement Company, Allgood, Alabama, and enclosing a contract for one year from June 1, 1958, for $26.17 per ton, freight included, for lime for water plant. A motion was made by Commissioner Houston authorizing the signing of this contract for one year with Cheney Lime & Cement Company; motion seconded by Commissioner Tubbs , and the roll being called, the following commissioners voted: - 3 - Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Mayor Eby stated that a request for a sign to be erected atop the Katherine Hotel advertising Hi-Li had been made. That in the past people have had trouble finding the Hi-Li at night, and they want to put this sign up where it can be seen at night. The sign will read "Hi-Li" with 'Dania" underneath. This is in viola- tion of our sign ordinance. The approximate size is 221 x 201-. Commissioner Houston stated that he thought this was a two faced sign. It will attract traffic from both directions, Gentlemen, as you know I have been the objector of directional signs here in the city. But I am not going to register an objection to this sign. I am going to recommend and make a motion, when I bring out my point, that a variance be granted. First, because this is a local concern, the biggest taxpayer in the city; second, because it is up in the air, in fact it is four stories in the air, it -is not a ground sign; third, because Dania will be very prominent on the sign, and I think that is something we can use in the city of Dania on the main corners designating the city. We have nothing much in .the way of a sign, except the one at the north end of the city, and a few the •merchants might have. The sign naturally will have to be engineered by a Registered Engineer to stand wind pressure and things like that. It will be an asset to the city to have a sign -in the air with Dania on it. If it does go up I am going to request the Hi-Li people, that if they do not want "Hi-Li burning all year, to leave "Dania" Lurning. This will be a great asset to -the city. Commissioner McMillan stated that he would like to make a request that they keep "Dania" burning on the sign all year. ' Commissioner Tubbs asked that could be included in the motion. Commissioner Houston stated that he would like to request they leave the "Dania" part of the sign burning all year, in the day- light hours also. That he thought possibly they will do this ns they -are burning signs on the building all year for the first time. A motion was made by Commissioner Houston that a variance be granted for the erection of a "Hi-Li" and "Dania" sign atop the Katherine Hotel, by the Monro Operating Company; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Hous ton Yes McMillan Yes Tubbs Yes Eby Yes Notice of Hearing for objections to the application for a variance permit for the erection of a gasoline service station on Lots 1, 2 and 3, Block "A" , Highland Square, now zoned B-2 Classification, request being made by Willard K. Taft and Maude V. Taft-, was read by Attorney Walden. Mayor Eby recognized Mr. Paul B. Anton, Attorney, representing Mr. and Mrs. Taft. Mr. Anton presented Mr. J. W. Monroe. Mr. Anton -- Mr. Monroe will you tell the commission your occupation? Mr. Monroe -- I am a General Contractor. - 4 — Mr. Anton -- Are you licensed in the City of Dania? Mr. Monroe -- I am. Mr. Anton -- What other cities, municipalities or county license do you hold? Mr. Monroe -- I hold license in Dade County, Broward County, City of Dania, City of Hollywood, City of Hallandale, and the City of Fort Lauderdale, Florida. Mr. Anton -- Mr. Monroe , did you have an occasion to examine the property where the Taft's are located, 1105 South Federal Highway, Dania? Mr. Monroe -- Yes. I was called, I think, last Wednesday to make an exemination as to what would be required to put the property in some sort of habitaBle condition. Mr. Anton -- Tell the commission in your own words as quickly as possible what the results were of your examination. Mr. Monroe -- I did not spend too much time there. Frankly, the building was in pretty bad shape. It could be put together for about $3,500. How long it will stand I do not know. I did find some evidence of termites, and the roof sheeting is gone, I do not know how far gone the frame is or what condition is inside. The stucco is pretty well cracked, and will have to be repaired. And the Lord only knows what is under- neath this building. Mr. Anton -- Mr. Monroe, are you familiar with the requirements of the State Hotel Commission for hotels and motels? Mr. Monroe - . Well not entirely, but I am familiar enough to know that one thing they do require is heating facilities, ' and the Taft-As have been told to turn off the facil- ities they have. That they will have to have them rewired or build an entirely new electrical heat- ing system or some sort of gas ventilated system. Mr. Anton •-- Do you have any idea what it will cost? Mr. Monroe - .•dell I would say somewhere around sk.000 or $1,500. Mr. Anton -- And of course this heating system is renuired by the Hotel Commission? Mr. Monroe - I understand that it is. Mr. Anton -- 'I have no further questions Mr. Monroe. My opposit- ion is here. Mr. Seay, do you have any questions? I have asked Mr. Monroe to tell the commission the condition of this property. Mr. Seay -- Mr. Monroe , what is your position, air? Mr. 14onroe - I am a General Contractor. Mr. Seay -- Are you with the Hotel Commission? Mr. Monroe-- No. I am not. ' Mr. Seay -- Mr. Monroe, is it not a fact that for the last year or so most of your building has been the construction of gas stations? Mr. Monroe - That is correct. - 5 - Mr. Anton -- I would like to call Mr. Slater. Please state your name to the commission. Mr. Slater -- L. B. Slater. Mr. Anton -- What is your occupation? Mr. Slater -- Real Estate Broker Mr. Anton -- How long have you been a Real Estate Broker? ' Mr. Slater -- Since 1946. Mr. Anton -- Where are you located? Mr. Slater -- 2007 Tyler-Street , Hollywood. Mr. Anton -- In the past as a Real. Estate Broker, are you familiar with the value of property along South Federal Highway in Dania, particularly the property owned by the Taft's 1105 South Federal Highway, Dania? Mr. Slater - Yes. Because I had a listing of the property in May, 1956. Mr. Anton -- Tell the commission your opinion of the property and the use of the property today and the sale possibilities. Mr. Slater - When I took the listing, I told Mrs. Taft it really had only two uses in my estimation, ' and that was to the adjoining owner, perhaps to extend his restaurant and -a part to be used for parking'. or for a filling station. I ]mew it was zoned against filling stations . So I tried my best to find some one to build stores ' there, but I was unsuccessful in trying to find a client then to buy the property for store use. Mr. Anton -- Do you think it is feasible today then to buy this' property for store use? . Mr. Slater - No. I do not believe it is. I could have found a buyer then if it had been feasible. I still do not believe a taxpayer is feasible at that location. Mr. Anton -- How about for improvements then for motel property? Mr. Slater - Motel property in my estimation should be away from the highway as it is too noisy. I do not think it would lend itself to motel operations, it is too noisy. You should get away from the highway. Mr. Anton -- I have no further questions. ' Commissioner Houston -- Mr. Slater, at' what price did you have this property listed in 1956? Mr. Slater - $39,500. I told Mrs. Taft at that time they would be lucky to get $35,000. That was my opinion at that time. Mr. Anton -- Mr. Slater, were you able to get an offer at that time? Mr. Slater - No. Nothing concrete, just conversational. My listing expired in November, 1956. I did not try to relist it because of the almost impossibility of finding someone who would want to put a taxpayer on the property. - 6 _ Mr. Anton -- You did not try to relist it at any price? Mr. Slater - That is right. John A. Cuccia -- I would like to record my name, I am representTijg, ing one of the property owners in the immediate vicinity of this proposed change and I want to register an objection. Mr. Anton -- I would like to call another business man. Mr. Charnow will you come forward please and give your name to the commission. ' Mr. Charnow - Louis A. Charnow. Mr. Anton -- What is your occupation Mr. Charnow? Mr. Charnow - Real Estate Broker. Mr. Anton -- How long have you been a Broker? Mr. Charnow - About 9 years, air. Mr. Anton -- Where? Mr. Charnow - 1937 Harrison Street, Hollywood. Mr. Anton -- Mr. Charnow, in your capacity as a Real Estate Broker are you familiar with various properties , more particularly the property located at 1105 South Federal Highway, Dania, owned by Mr. & Mrs. Willard K. Taft? Mr. Charnow - Yes. Mr. Anton -- Mr. Charnow, will you tell the commission exactly what your opinion is as to the market validity of ' this property today and its uses either hotel, motel, or taxpayer use. Mr. Charnow - I can only reiterate what Mr. Slater said before me, as far as a taxpayer is concerned, I don't think that is a practical proposition there. There are too many stores vacant up and down the line now. There is one store empty in the shopping center, and another in the professional building and also near the Dania- Hollywood line. It is not practical, in my opinion to put up another taxpayer when you have all the vacancies. We have motels for sale now, so that is also out. We all know what the situation has been during this past season, and it is not a practical situation to have another motel, especially at this particular location as the lots are very shallow. Commissioner Houston - Mr. Charnow, as I gather from your infor- mation here, you are basing your opinions on present day conditions, not something that happened three or four years ago. We are concerned with the present and immediate future more so than the past. In other words there is other property you couldn't sell today under the conditions that you have stat- ed, whether it was a motel or something else. Mr. Charnow - Definitely, we have an exonomic "pardon the word" recession, and that together with other factors. . Commissioner Houston -- What would you say this property is worth? Mr. Charnow - As it stands today -- I would say about $200 per foot. Commissioner Houston - What is the frontage and depth of this property? _ 7 _ Mr. Charnow - I believe it is lh8' frontage and 1401 depth. I would like to add another thought here along these lines. We are looking forward to the con- struction of the Sheridan Street bridge and causeway, and this property is not too far distant from Sheridan Street, and with the added traffic we can anticipate coming from that, in my opinion a gas- oline station would be warranted. Commissioner Houston - As I understand-- this is a hardship case being pleaded, not. a gosoline station. Mr. Charnow - That is right sir. Commissioner Houston - Mr. Charnow, if you had a listing on that property today for say $2A,000 or 4530,000, could you find a buyer for it? Mr. Charnow - It is questionable-= I doubt it . Not for the purpose it is zoned for today. It is not a pracr tical thing to put up stores where you have empty stores or motels when you have a rough situation as you have today. Commissioner Houston - Well that is what we are concerned with. How about conditions two years ago. Has it changed that much as far as this property is concerned? Which stores are you referring to? Mr. Charnow - I am referring to the building formerly owned by Mr. Storm. They have been empty for at least two years. Commissioner Houston - What are these stores renting for? Mr. Charnow - They will take $100 for them now, I do not believe they ever got more than $125. Also, the profess- ional building has been a dad situation. We also have frontage on the west side of Federal Highway next to the Star Motel, owned by Mr. Luff. He has been trying to sell for a long time and has been unsuccessful Commissioner Houston - At what price? Mr. Charnow - About $150,000. Mr. Seay -- Mr. Charnow- do you have that property listed now? Mr. Charnow - No. Mr. Seay -= Have you had it listed before? Mr. Charnow - No. Except through the Multiple Listing Service when Mr. Slater had it. I am a member of the Holly- wood Board of Realtors. I had it for sale when he did. Commissioner- Houston - How deep is the property near the Star Motel? Mr. dharnow - He sold part of the property-- I believe it is about 200 feet in depth. Mr. Anton -- If the commission please, I would like to .read into the record a letter addressed to me from R. J. Patterson, M. D. & A. 0. Ryan, M. D. - 8 - Paul Anton June 26, 1958 1935 Harrison Street Hollywood, Florida Dear Sir : RE: Mr. & Mrs. Willard Taft This is the letter you requested regarding the physical condition and disability status of Mr. & Mrs. Willard Taft. Mrs. Taft was examined by me on June 179 1958. She was found to ' have Hypertensive-cnrdio-vascular disease and osteo-arthritis, the latter severe and symptomatic in the spine and responsible for frequent bouts of spondylitis , (inflamation and pain in the back. ) This is aggravated by the work Mrs. Taft is currently doing. She is 60� disabled for this type of work. Mr. Taft was examined by me on June 18 , 195.8. He has been rated 100% disabled for many years by the Industrial Commission of Ohio, following' severe brain injury. It is my opinion, after examina- tion, that he is still 100% disabled. He has large open burr holes in the skull where previous brain surgery was done to evacuate large blood clots. There is residual weakness of the left side of the body, sensory loss on the left side of the body, and a rather high degree of mental retardation which ' c undoubtedly resulted from the brain injury. Sincerely, A. 0. Ryan, M. D. AOR/be Mr. Anton. - - I also have a letter from Frank Marks, Clerk of the Circuit Court, I would like to read into the record. ' TO WHOM IT MAY CONCERN: I, Frank Marks , Clerk of the Circuit Court in and for the County of Broward, State of Florida, do hereby certify that a search of our records revealed County Taxes on Lots 1, 2, 3, and 4, Highland Square Subdivision, Plat Book 7, Page 5, Broward County Records , Assessed as follows: DESCRIPTION YEAR ASSESSED VALUE TAX Lot 1 1952 $1,730.00 69.03 Lots 2, 3, & 4 1952 6,o80.00 62.84 Lot 1 1953 2,180.00 88.51 Lots 2, 3, & 4 1953 6,o80.00 99.85 Lot 1 1954 2,18MO 98.54 Lots 2, 3, & 4 1954 6,080.00 107.27 Lot 1 1955 2,180.00 98.97 Lots 2, 3, & 4 1955 69080.00 lo4.53 Lot 1 1956 2,180.00 108.67 Lots 2, 3, & 4 1956 6,080.00 112979 Lot 1 1957 3,300.00 150.05 Lots 2, 3, & 4 1957 9,600.00 191.28 GIVEN UNDER MY HAND AND OFFICIAL SEAL, this 7th day of July, A. D. 1958. Frank H. Marks, Clerk of the Circuit Court BY: Chas. A. Huff Deputy n - 9 - Mr. Seay -- I am looking beyond this and I hope all of you are too. This could apply to any number of people in Dania. Any one having a business eventually reach an age when they can no longer operate that business successfully, and not that some one else couldn't. Along comes these rich Oil Companies and offer them a 'big sum of money for the land. They do not care whether it is developed right now or not they can afford to sit on it and wait. When they talk about the Sheridan Street bridge in two or three years, sure these Oil Companies are going to buy this property, it is a good spot. Even if these people were not disabled, they probably would want to sell at the price they are being offered. So I am looking at itlfrom this point, with this type of request and with the reasons presented here tonight, you could have 15 requests on this type of thing at every meeting. from people saying they are disabled and cannot personally get any return from their property, and being pr.omised large sums of money for their property, and therefore wanting a variance in the zoning. I do not believe that without- showing a change in the neighborhood that you could legally grant this variance or a change in the zoning. It has been admitted that there has not been a change in the neighborhood. I think the public and the other citizens of the city certainly should have more to rely upon for protection for their buildings in the future. I sympathize with these people, I honestly do , I know Mrs. Taft per- sonally. But, I sm still looking ahead to the fact that this would open the door to any number of re- quests and I do not think they have had sufficient showing here tonight to warrant a change. As far as a personal disability as compared to a change in the neighborhood and the property, such as com- pared to a residential neighborhood becoming in- dustrial all around and it is no longer any good for the use for which it was originally intended or zoned. You naturally have to have a flexible in- strument to cope with these situations as they arise, but such is not the case here. Without any change being shown here, other than disability, I honestly cannot see it . I do not know the exact number of gas stations , I can think of about 16 along Federal Highway now, about 5 or 6 in this immediate area. There certainly is not a public need for a gas station. The property as far as it being used for any other purposes , is questionable, I can't go for that. I know across the street there is a motel on a smaller piece of property with about 20 or 22 units and they are doing business. There has not been any local Real Brokers testifying here tonight. It is true Hollywood is not too far away, but I wonder if it was ever listed with any Dania brokers. Mr. Anton -= I have to have one property on my side. I would like to ask Miss Morrison to state her name and address for the record. Miss Morrison - Dorothy Morrison, 21 S. E. llth Street. Mr. Anton -- How far away are you from the Taft property? ��ee Miss Morrison - We are the first house east of them on the north side of the street. We have no objections. T . - 10 - Mr. Anton -- Of course this is not an instance where we are fight- ing under a chain of circumstances , this is a situa- tion where we are looking at it for a hardship. If there were a change of circumstances we would ask for rezoning. In the case of hardship we ask for a variance. I have talked to Judge Walden about this. Mr. Seay said there is no hardshin shown, just a per- sonal disnbility. It is a personal disability coupled with a raise in taxes, costs of maintenance and re- pairs to the house and an economic adjustment as the Republicans call it, all leading to a down turn in activity and leaving these people in bad shape. Mr. Pisculli - These people cannot say they have not had an offer for this property. I have made them an offer sever- al times, not that I need it, I have plenty of space for the restaurant and for parking. But I offered them 30,000 and they would not take it. I will give them 28,000 cash right here tonight. As to this man being disabled, I wish I could work as much as he does. He is out every day working on his lawn, I cannot do it , I have to hire my work done. I have been in and out of the hospital a lot myself, as all of you know. This man can out work any one I know his age. Mr. Anton - As I said before, anybody can operate something succ- essfully if they have the capital to throw into it. But these people do not have it. They can go to a money lender and get it quickly, of course, we know what happens then. Mr. Pisculli has made a very gen- erous offer of 40?28 ,000. Mrs. Taft informs me he never made an offer anywhere near 028,000 or �?30,000 that he said he offered her before. Mr. Mayor I would like to ask the commission to reserve their decision until the next meeting since Mrs. Taft is not in the position of course to accept Mr. Pisculli's offer, , since of course, her husband even thoughthe is dis- abled, he is not incompetent, therefore, must also make the decision. I would like to request Mr. Pisculli to backuup his offer with a check payable to our firm for 4+2,800. I will check with the Holly- wood Board of Realtors and draw up a contract, and notify Mr. Pisculli if we. will accept his offer. Mr. Seay -- I would like to ask right now if your client is in a position to accept this offer? Mr. Anton - You can rest assured I would not put my client in a position where they would get into any trouble. If the commission sees fit to deny this application I want to see Mr. Pisculli make his offer, bona fide. Commissioner Houston - I wonder if Mr. Anton would like to correct his figures. I know there are plenty of buyers here for this property at that price? $2,800. Mr. Anton - I said deposit sir--10% ot $2,800. The price the Taft 's have been. offered today is $32,000 and out of that they pay a full 10% commission or 0,200, which leaves a little bit more than Mr. Pisculli offered. , They prefer to sell to the man they have now. Commissioner Houston - If I may say so Mr. Mayor, I see no reason to continue this hearing on account of that. I think we should proceed with our hearing tonight. If you wish to with-hold making a decision tonight, all right. But. I do not want to go through this again. ,r - 11 - Mr. Anton - No. There will be no more hearings Mr. Mayor. We will ;just-advise`:you of our decision whether the Taft's have accepted or declined the offer. Commissioner-In other words -- your case is f inished now. Houston Mr. Anton - Yes Sir. We would like you to reserve your decision until such time we can get Mr. Pisculli's bona fide offer. ' Commissioner-Then as I see it, there is no reason to continue Houston this discussion. Mayor Eby - I think if tkjere is not any more to be said about this we should conclude our pros and cons of this thing tonight. If it is the commissions wish to table .the decision until the next meeting we can do so . But I see no- need for another hearing. Mr. Anton - We rest our case. We have stated our case, and we feel we have shown a just hardship case. I do not know whether Mr. Seay has anything further to say or not. Mayor Eby - I think the subject has been well covered. We have had this before us and it was denied the last time. It has been before the Zoning Board and they have made their recommendation, now it is up to the com- mission whether or not they wish to table the de- cision until the next meeting, with the understanding there will be no more evidence presented for or against this request for a variance. Commissioner- I see no reason for continuing anything because Houston they are going to dicker here about property. ' Either the variance is right or(it is wrong. What's the difference about an offer on a piece of property. I can't see it at all, whether Mr. Pisculli wants to buy it tomorrow or a week from now. It has no• . _ bearing on the decision we have to make. A.M. Black - Gentlemen, I am new in this-- I have learned more about it here tonight than I ever knew before. I believe you have a master nlan for zoning in the City of- Dania. When you deviate from this plan you will continue to have requests for changes in zoning. I will confirm all Mr. Seay has said. If you change zoning you must have a change in the neighborhood. I am representing the owners of Lots 14, 15 and 18, Block "B", Highland Square, and we are objecting to this variance. Mr. Pisculli - You, the City Commissioners adopted fine zoning laws, and done a good fob enforcing them. You should not deviate now. These people have claimed a hardship--well the hardship is not there. In a 3/4 mile limit on Federal Highway I have counted at least 9 or 10 filling stations. These big oil companies are not interested in what will happen 20 or 30 years from now. I would not like to see this property sold for a gas station. If these stations keep going up in Dania, we will look like gasoline alley. If this variance is allowed, I will have no other alternative but to sue the city. I will give these people $28,000 for this property, t they cannot say they have not had an offer to sell except for a filling station. Martin V-elther -- Manager of Cavey Motel-- We object to this zt variance 100%. t Mr. Pisculli-- During the introduction of Mr. Charnow they said s they did not have a buyer for this property. 12 - Mr. Anton has said that my offer may not be good,- because they have another offer for more than that. For the record I will say this -- the day they pro- duce a bona fide contract selling this property to me for Y28,000 -- 60% cash -- I will pay the �-21400.; deposit. Mr. Anton -- Mr. Pisculli said he would pay G281iOOO cash, now he turns around and says I will give you 60% cash and the balance in a mortgage. Did you not make that offer Mr. Pisculli? Mr. Pisculli-- If you want cash--I will give you cash. Just get ' me a bona fide contract to sign. Commissioner-- I cannot see where this is any concern of the com- Houston mission. I would like to discuss this a little be- fore the commission takes a vote. I am well acquain- ted with this property, and have been for a number of years. I am wondering--Mrs.• Taft, did one of the Real Estate men here tonight sell you this property? Mrs. Taft-- No. We bought it directly from Mr. Bailey. Commissioner-- May his soul rest in peace. Being well acquainted Houston with the property and knowing Mr. Bailey, this pro- perty was just a shell when you bought it. I do not see how it has stood as long as it has. There was a little chicken wire stretched around and a little stucco put on--those when the conditions when you purchased it. So I am not surprised it has become unfit for use according to the hotel commission. At the time they inspected it consideration was given as to how the building was constructed and things like that. We as commissioners many times are faced with arguments according to our building codes, master zoning plan and off street parking, Sometimes , we are criticized because we are too strict on our regulations. This is just one case that we face after a building was put up when we did not have any building code, zoning or anything. Even at the time it was remodeled the owner was allowed t6 do anything he wanted to do because there were no laws to stop him. Those were the conditions this property was bought under. Now as far as the value of the land, that is all there is here. I think that is all it was purchased for, and it is still as good today as it ever was. I have always gone on record here opposing gasoline stations in new locations. We hired a zoning man to come in and zone the city, and that is his profession, by traffic count and careful study he allocated cer- tain corners in the city for gasoline stations. I can assure you Mrs. Taft, I have no objections to you going through with this nice real estate deal you have. Because as I said before, I have a corner right across the street and I could get a fabulous sum for it for a gas station. I cannot see a change in this property from the time you bought it and today. Mrs. Taft -- We bought the property for the ground, not the build- ' ing. Commissioner--The picture has not changed here since the zoning Houston ordinance was adopted. I want to call your atten- tion to the fact, that if this variance is granted I know tomorrow morning we will have at least six requests, and I cannot see where we could turn _ any one of them down if we granted this one, That is all I have to say. - 1.3 - Mayor Eby -- Are there any other questions ? If not, what is the wish of the commission on the request for a variance on Lots 1, •2, and 3, Block "A", Highland Square? A motion was made by Commissioner Houston the request for a variance be denied; motion seconded by Commissioner Tubbs, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Bids for, the erection of fence at Woodlawn Cemetery were pre- sented as follows : Anchor Post Products Inc. of Florida $509.45 Fence Masters, Inc. $570.00 Cyclone Fence $594.00 Florida Fence Company $610.00 Dade Metal Fabrications, Inc. $660.00 Hurricane Fence Products $742.85 Bids for the construction of an entrance at Dania Memorial Park Cemetery were presented as follows: Old Dixie Welding (Install all iron work) $1,151.18 Arthur J•, Collins & Son, Inc. $3;556.00 ' Harrell & Haywood $3, 683.18 Buzza Concrete Company $3, 708.00 Marion D. Johnson $41250.00 Bids for the purchase of a Garbage Packer and Chassis were pre- sented as follows: Hollywood Ford, Inc. Leach $7,448.79 Gar Wood $7,724.79 International Gar Wood $7, 850.00 Hydepak t6o 950.00 Freeman & Sons Leach $8,484.65 Gar Wood Uo197.65 Heil $8,126.65 Daybrook 88,091.65 Hydro $7,486.65 1 Powell Motor Co. Gar Wood ..0,228.89 Heil 4'�7, 864.89 Daybrook 97,709.89 Hydro $7,103.89 r - 14 - Slaton Chevrolet Co. Gar Wood <$8,780.00 Heil $8,344.08 Daybrook 1t8,294.08 Hydro $$7,624.08 Cecil & Bruce Truck Heil :t%250.00 (Used as demonstrator) A motion was made by Commissioner Houston that all bids be turn- ' ed over to the City Clerk for tabulation and a special meeting later in the week; motion seconded by Commissioner Elkins, and the roll being called, the following commissioners voted: Elkins Yes Houston yes McMillan Yes Tubbs Yes Eby Yes Mayor Eby stated that for sometime the commissioners had been going over proposals submitted by various engineers and inspect- ing different sewage treatment plants in the immediate vicinity. That Mr. Saarinen of the firm Philpott, Ross and Saarinen was present and he was asked to give the, commission a little of the background of his firm., who they are and a little about their operations for the benefit of the audience. Mr. Saarinen stated that Mr. Philpott was the senior member of the firm, that he had resided in Broward County the majority of the past 26 years. He has had a wide range of experience both in this area and other parts of the eastern United States. Julian Ross, Jr. a long time resident of Ft. Lauderdale, is a , graduate of Ga-Tech. We have a staff which includes seven re- gistered engineers . All of them are well qualified to do the work you are interested in. We have an electrical engineer on the staff, several draftsmen, a field inspection staff, clerical and secretar- ial employees. We are well acquainted with your problems here, by virtue of just completing a y$5 millinn dollar sewer expansion 1 % program in the City of Ft. Lauderdale. The plant that you gentle- men visited is now in operation. We feel that although we are not one of the largest engineering firms, the type of work we do and the attention you will get from our firm, I can assure you it will be the best. I will not take any more of your time, I have some examples of our work here if you care to see it - We made our proposal as complete as possible, .and we sincerely feel we may best serve your needs. Commissioner Houston -- Mr. Saarinen I have read your proposal and agreement and my impression is that you will supervise this completely, and you will also furnish the city an as built com- plete when the work is finished. ,You will also inspect all mater- ials and see that they are the proper materials and see that they are put in right. Mr. Saarinen -- That is correct. .As you know some of the work has to be done by testing laboratories. Commissioner Houston -- You will check all estimates that are pre- , sented to the city for payment . Mr. Saarinen -- That is correct. We will give you a complete job with inspections . Commissioner Houston -- Your fee is based on a book you engineers have, I do not know what you call ;it, but it is some kind of a flying scale you have. I just asked these questions for a matter of record. Sometimes we do run into some difficulty or misunder- - 15 - standing after we get into contracts. It is better to have it thoroughly understood now. That is all the questions I have. Mayor Eby -- We have another engineer in the audience that has submitted a proposal. We would like to hear from Mr. Alleman . of the firm of Grant-Miller & Associates, North Miami Beach. Mr. Alleman -- The firm of Grant-Miller Associates has been operating under this name for approximately two months. However, we are not new in this area, the firm was formerly Jack F. Cooper & Associates. We are at the present time doing work in Hallan- dale, Hialeah, Opa Locks, North Miami and North Miami Beach. . Among our staff-- Mr. Grant is a graduate of Texas A. & M. , he has been employed by the State Road Department in Delaware, Pennsylvania, Maryland, West Virginia and Florida. hie have Mr. Kruger, graduate of University of Mass, a very well known Sanitary Engineer. I am a graduate of University of Missouri, with a Masters in Hydraulics. We do have among our staff a great deal of graduate engineers. We do have some jobs also in the north and west parts of the State of Florida. The quality of our work and the efficiency under which we operate, we are capable of doing this fob, for the City of Dania. As for engineering fees and services, they are the same as from any other firm, and you will have complete supervision of the job. Mayor Eby -- Mr. Alleman, how long will it take you to give us a preliminary survey of this project? Mr. Alleman -- I cannot say the exact number of days, however I can have our sanitary engineer make an estimate . I believe in about a week though we could have it done. I would also like to say that the firm of Jack F. Cooper was your city en- gineers, and some of the men are still there. Mr. Frank Miller is now Executive Vice-President. ' Mayor Eby -- The commissioners have been considering this for several weeks. We have gone over a number of proposals from different engineers and made several trips to different plants in the area. Is the commission ready to make a decision here tonight? Commissioner Houston -- I would like to say a word in regards to the project we have in mind. The plants we looked at all run along the same line . As to fees, they are all the same, you guys just look at a book if a plant costs a certain amount of money you are going to charge a certain amount. They are all going to take your money, there is no question about that. We looked at a plant designed by Philpott, Ross and Saarinen and recently completed in Coral Ridge which impressed me very much. It is about the size plant we need, as it is about the size of area we will have to cover. We do not need quite so much glamour as they gave this one, we are not going to locate In the middle of a golf course. With the background these fellows have with the firm of Philpott, Ross and Saarinen and being what we term a local firm in Broward County, I, for one am a little partial to them. They have shown us what they can do in other cities, and they have the required staff to carry on with a project such as this. I think they are close enough that if we have any questions we can get them at any time. I am inclined to go along with them and signing an agreement with the understanding that at the time the engineering is done on the sanitary sewers that storm sewers are included. That is -- if we should spend S700, 000 or �800,000 on sanitary sewers and then spend another $100, 000 or 0200p000 on storm sewers they will do this also. They will be two separate contracts, one will be a Revenue Bond Issue, the other we will have to arrange some other way of payment. - 16 - The thing I want to do is get the benefit of the engineering charge for the storm sewers. I have talked to Mr. Saarinen about this and they are agreeable to it . Mr. Saarinen stated that this was agreeable as long as the con- tracts were concurrent . That it was included in the agreement. Commissioner Houston -- I would like to mention for the record here, that this also includes any necessary work that it takes to complete this ,job. Mr. Saarinen -- That is correct. As I told you before, it is , agreeable with us as long as the work is carried on at the same time. A motionv:wa.s made by Commissioner Houston that the firm of Phil- pott, Ross & Saarinen be employed to do the engineering for the construction of a sewage treatment plant, sanitary sewers and storm sewers within the limits of the City of Dania; motion sec- onded by Commissioner McMillan, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Mayor Eby presented a petition signed by the business men on N. E. First Avenue requesting a change in the flow of traffic on the street. Commissioner Houston stated that he had talked to some of the business men on this street since receiving the petition and they told him they were not really interested in changing the traffic plan, that the petition was brought to them and they ' signed it. Commissioner Tubbs recommended the petition be referred to Chief Williams for checking and a report at the next meeting. Commissioner Tubbs stated that the engineering and plans and specifications for the paving of N. W. Second Street and N. W. llth Avenue were ready. And that the school will be completed soon and it was about time for us to advertise for bids for the paving. That there was a terrific muck hole in Second Street that he thought the city should excavate , putting the muck in the city park and put in clean fill before the contract is let to pave the street. A motion was made by Commissioner Tubbs to advertise for bids for the paving of N. W. Second Street and N. W. llth Avenue to be received tmt31o8130dP. M. August 4, 1958; also authorizing the removing of muck from the street to the city park and plea - ing clean fill in the street by the city; motion seconded by Commissioner Elkins, and the roll being called, the following commissioners voted: Elkins Yes Houston •Yes McMillan Yes Tubbs Yes Eby Yes Commissioner Houston stated that he would like to see the com- missioners extend the sea wall and build more boat ramps along the canal at the 30 Acre Park. We will need approximately 250 feet of sea wall. I would like to recommend we -engage Pete Broom, a local engineer to do this work. He was formerly assoc- iated with the firm that did a lot of work for us, and I would like to see him have this job, and get the plans and specifi- cations ready as soon as possible. ii;` - 17 - Mayor Eby stated that he had talked to several owners of boats and he thought instead of a lot of small ramps, if we had a large one it would be easier to launch a boat and there would be less debris to collect on each side of them. Commissioner Houston stated that he thought we should contact Porter Reynolds and get his thought on boat ramps. That he thought the next ones should be built a little differently. A motion was made by Commissioner Houston to hire Pete Broom to do the engineering, prepare plans and specifications for sea wall and boat ramps at 30 Acre Park; motion seconded by Commissioner McMillan, and the roll being called, the follow- ing commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Commissioner Houston stated that we have authorized the paving of N. W. Second Street tonight. That is the street to the north of our West Side Park. We have been talking about doing something in this park for sometime, but we have not done any- thing, and I think it is about time we do something. One thing-- we are going to take the fill out of the street and put it on the park to help raise the elevation. I would like to get into the construction of a recreation building in this park. These people are in need of something. They need to take care of their delinquency the same as we do. There is delinquency among adults as well as juveniles. We could en- gage an architect and see what we can do and make an appro- priation in the next budget, we should know before the budget is completed. We also should have Porter Reynolds give us an over all plan for this park, so that we can locate the build- ing to the best advantage. A motion was made by Commissioner Tubbs to engage Victor A. Larson, Architect, to draw plans and specifications for a re- creation building in West Side Park; motion seconded by Com- missioner Elkins, and the roll being called, the following commissioners voted: Elkins Yes Houston Yes McMillan Yes Tubbs Yes Eby Yes Mayor Eby called a Special Meeting for noon Wednesday, July 9 to award contracts on bids received tonight. There being no further business, on motion and vote, the meeting adjourned. Marf Thornhill City Clerk Frank E. Eby Mayor Commis io er