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HomeMy WebLinkAbout31046 - MINUTES - City Commission MINUTES OF MEETING OF CITY COMMISSION, CITY OF DANIA, FLORIDA HELD OCTOBER 21, 1968 Mayor Robert Kelly called the meeting to order and asked the Clerk to call the roll and the following Commissioners and City Officials were present: Mayor-Commissioner Robert Kelly Commissioners Robert E. Houston Richard Marant Joseph Thornton Boisy N. Waiters City Manager Stanley Goldberg City Attorney Clarke Walden Chief of Police Donald Parton Building Inspector Hubert Walker City Attorney Clarke Walden read the first item on the Agenda as third reading on Giant Amusement Co. He Stated that Giant Amusement Co. has suggested two things since the last reading; one in the legal description and the second change to be in the terms of the lease. As it reads now, the City will receive 5% of the gross income, with a guarantee of a minimum of $300.00 per month. Mr. Robert Hickey, representative of Giant Amusement Co. , suggests that the percentage be increased to 15% after the second year of the lease for the last three years. City Attorney Walden recommends that instead of that, it might read 5% the first year and 10% the second year and 15% the third, fourth and fifth year. Also, that Giant Amusement Co. keep the books and records of the company at their principal place of business located in Hollywood, Florida. It was also agreed that individual tickets for rides on the Giant Slide be set at 15p; two rides for 25C and 6 rides for 50¢. The matter of insurance came up and Mr. Hickey stated that his company presently carried $50,000 for any one person and $100,000 for more than one, but it was agreeable to him to carry $1003000/$300,000. City Attorney Walden read Ordinance for third reading regarding Giant Amusement Co. entering into a lease with the City of Dania. Commissioner Marant made a motion to pass said Ordinance on third and final reading and Commissioner Waiters seconded the Motion. Commissioner Houston asked about the maintenance of the area, as to garbage, trash, etc. , and Mr. Hickey stated it was definitely the full responsibility of his company to keep the premises neat and clean. He stated they would keep the Slide open during the daytime hours and will try night hours, but if it didn't do any business at night, they would confine it to days only. Commissioner Houston asked if a light pole had been put out at the beach and said if it has not been taken care of that it should be. Mayor Kelly stated that he had spoken to Mr. Dickerson, Recreation Director about this and that Mr. Dickerson has been in contact with the Florida Power and Light Co. Mayor Kelly then stated that the Motion was on the floor and the Commission voted as follows : Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion passed. The second item on the Agenda was Public Hearing at 8:15 P. M. to consider the adoption of an Ordinance which would amend Ordinance No. 424 adopted on November 7, 1960, by deleting the phrase "provided power not in excess of 3 horsepower on any one motor is utilized in the operation of any one machine", as same appears in Section 3; by adding a section to be known as - 1 - Section 3 (7), "docks and docking of boats and ships for loading and unloading. Storage, repair and building of boats not over 150 feet in length;" by deleting Section 4 (9) and by amending Section 4 (13) to read "Motor freight terminals, except as connected with a warehouse. " Commissioner Houston moved that the Ordinance be drawn and adopted on forst reading and Commissioner Marant seconded the Motion. The Commissioner voted as follows: Houston yes Marant yea Thornton yes Waiters yes Kelly yes Motion passed. City Attorney Walden suggested that Mr. Spina, City Auditor was present and asked that he be recognized. Mr. Spina stated that pursuant to the request of the City Commission at the last meeting, he has directed a letter to the Commission which City Attorney Walden read and in the letter he sets out the progress they have made, their findings and what their suggestions are. Commissioner Houston stated that he would like to proceed cautiously at this time. There was discussion regarding as to the cost of these services. He said that the city had spent $50,000 over the past years and didn't get anything for it and wanted to be sure of what the city was getting this time. Mayor Kelly asked Commissioner Houston to clarify his statement and Commissioner Houston stated that back in 1963 or 1964 it cost the city $14,000 for auditing services when they changed auditors and that it was his opinion that this year was going to be a low year. Mr. Spina stated that certain accounts were out of balance and in general found the same thing the State Auditors did. Basically, they suggest the discontinuance of the audit for the fiscal year ending August 31, 1968 and suggest applying the unencumbered balance of the contract for the audit of $3,560.00 towards the installation of all practical recommendations made by the State and by them, in an effort to eliminate the problems which have existed. '® Commissioner Houston said that when City Clerk-Auditor Mr. Clay left here the books were in shape. He left here on the 5th of October and brought the records back to City Hall on the 8th of October and was pretty well set with them. Mayor Kelly stated the main point was that the City has contracted with this accounting firm at the rate of $5,500.00 and they are well within their contract to go ahead on it; but, to take this a suggestion, the City could apply what was left in the original contract i towards definite procedures. This is something that has been needed for a long time and something we have tried to get from past auditors. Commissioner Marant stated that this is due to the .turnover in the past and the fact that the City does not have a manual of procedures to follow. Commissioner Waiters felt that this would be money well spent. Mayor Kelly asked if the '• auditors could give the City a progress report every two weeks, or as often as necessary. Commissioner Houston suggested getting a report previous to the Commission meeting before the weekend so that they can study the . progress. Mr. Spina said this was agreeable to him. Commissioner Marant made a Motion to accept the recommendations of the City auditors as outlined in his letter dated October 18, 1968. Commissioner Waiters seconded the Motion. The Commission voted as follows: Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion passed. a- 10/21/68 - 2 - x Mr. Spina then announced that the name of his firm had been changed and City Attorney Walden suggested that a Resolution be drawn to the effect ce to c,hange the name. Commissioner Houston made a Motion that a Resolution be drawn to amend the name of Mr. Spina's company. Commissioner Marant seconded the Motion. Commissioner voted as follows: Houston yes ' Marant yes Thornton yes Li Waiters yes Kelly yes Motion passed. Next item on the Agenda was a Public Hearing at 8 :30 P. M. to consider y; the adootion of an Ordinance which will cause the rezoning of certain lands from existing classification to M-lA, Restricted Industrial a District zoning classification. Property in question is located North of Dania cut off Canal and East of U. S. Highway No. 1. City Attorney Clarke Walden asked what the recommendation of the Planning and Zoning Board was and Mr. Gus Brice, Secretary of the Board, stated from the audience that it was to follow the same plot plan. After discussion between Mr. Brice; Mr. Sparkman, Zoning Consultant; Mr. Rush, owner of certain property in question here; and the Commission; Commissioner Houston made a Motion to adopt said Ordinance on first reading to rezone these lands with a 300 foot set back requirement. Commissioner Marant seconded the Motion and the Commission voted as follows: Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion passed. r`. Next item on the Agenda was Public Hearing at 8 :45 P. M. concerning the application of C. T. Robertson for rezoning of lands in the subdivision commonly known as St. James Park, Delmar, with the location of said lands being North of Olsen Jr. High School, West of S:. E. 5th Avenue, South of S. E. loth Street and East of S. E. 2nd Avenue, in Dania. i Commissioner Houston stated that when this property is replated, streets and alleys would have to be vacated by the City. When that time comes , he would like to see something in regards to an exchange. He said he would like to see the City get something, possibly land in terms of a small walking park. Mr. Robertson stated that he would have no objection to trading on a square foot basis and that he would be willing to do this. Commissioner Thornton made a Motion to pass' the Ordinance on the first reading. Commissioner Marant seconded the Motion. The Commission voted rt as follows : ` Houston yes Marant yes Thornton yes Waiters yes _ Kelly yes Motion passed. Public Hearing at 9:00 P. M. was concerning the application of Louis B. Marrone for an extension of a variance already granted to permit the repair of no more than three ( 3) boats at a time, immediately North and behind his sales and repair shop. The maximum length of boats would be fifty (50) feet. Mr. Robert E. DuBow, Attorney, was present representing Mr. Marrone, and he stated a notice of this, along with a plot plan, has been sent to all residents in the surrounding area. Mayor Kelly asked if there was anyone in the audience who objected to this. Secretary of the Planning and Zoning Board was recognized, stating that the board was not in favor 10/21/68 - 3 - t of this because Mr. Marrone had consistently come back asking the Board for different variances and keeps going from one to the other. He stated he was conducting a very orderly business down there but, at the -' time Mr. Marrone asked for this Marina, it was distinctly understood that it would not be a commercial type. Since that time, he has come up and asked for a gasoline station, so to speak, he has extended his building and now he is asking for a boat repair and this is in a residential area. `.' Commissioner Marant asked Mr. DuBow if this was the final request and Mr. DuBow stated that it was positively the last request. Commissioner Houston made a Motion for an extension of the variance. The Motion was seconded by Commissioner Marant and the Commission voted as follows: es Houston Y Marant yes Thornton yes Waiters yes 3 ' Kelly yes (Motion passed. ' "'• The next item on the Agenda was the matter regarding the Berry property annexation and Mr. George Allen, Attorney, was present representing the matter. City Attorney Walden read a chapter of Florida Statutes indicating '- that the City could annex a tract of land which contained less than ten electors, by adopting an Ordinance to this effect. Commissioner Houston statcl that on the South end of the property in question is a line which is a twenty-five foot street easement. Mr. Allen explained that in the legal r,u description it states "less the 25 feet". City Attorney Walden suggested that it be conditioned upon the clarification by an abstract company. Commissioner Waiters made a Motion the Ordinance be approved on first reading. Commissioner Marant seconded the Motion and the Commission 0 voted as follows : Houston yes Marant yes Thornton yes Waiters yes A Kelly yes Motion passed. Commissioner Waiters then requested that, since the property could be annexed in this manner, that another tract be annexed also. Question was • raised as to if there were less than ten electors in this area and Commissioner Waiters stated he was not sure but would contact the Supervisor of Elections office to ascertain how many voters were in that area. Mrs. Becky Hill, representing the Dania Swimming Pool Association, Inc. , was recognized requesting a Resolution setting out property for a swimming pool at Frost Park. She feels that before her group goes through all the work and effort to raise $10,000, theywould like to be assured that the property will be allocated for the pool and would like to have this in writing. City Attorney Walden stated that the Resolution, in effect, would be setting aside an area in Frost Park for swimming pool purposes and that the City would continue to own the land. Commissioner Marant stated that it was determined in the past few months that Frost Park would be the most centrally located area for all children in Dania. Commissioner Houston stated that many years ago this park was staked out to be a walking park, and later on a ball field came and at the time Mr. Frost, one of the donors, had no stipulations on its use. Commissioner Houston said that sometimes, ® on property like this which has been donated without restrictions, years later the residents feel that better use can be made of it and move the park someplace else. Since this was one of the few things donated to the city of Dania that maybe in twenty-five years or so, when the City is built tip and we have annexed out west further, the park could be relocated. Mrs. Hill stated that the Park is already here and is being used as a S_ recreation park for children and, where else, and what are you supposed to do with these children. She felt this Park should be built up and made into something for these children to play in and grow up with. Commissioner ,Marant, after more discussion on this matter, suggested that a Resolution be drawn to be passed on three readings for a Public Hearing and find out what the people in the area thihk about it. Mrs. Hill agreed to this. It was determined that the City would advertise for a Public Hearing and that n. 10/21/68 - 4 - all notices would be sent out to all residents in the immediate vicinity. Commissioner Marant made a Motion for the Public Hearing to be held on November 18 , 1968 at 8 :30 P. M. Commissioner Waiters seconded the Motion and the Commission voted as follows: Houston yes Marant yes ® Thornton yes Waiters yes Kelly yes Motion passed. Next item on the Agenda was the recommendations of the Planning and Zoning Board. City Attorney Clarke Walden read the first item of the minutes of the Planning and Zoning Board wherein the First Baptist Church Holding Company and Bernadine Morris, represented by Robert E. DuBow, Attorney, request rezoning to permit construction of a gas station by Hess Oil & Chemical Corporation on described property and the adjacent lots 1 and 4 (which are presently zoned C-1) from B-2 to C-1. Planning and Zoning Board Board has set a Public Hearing to be held on November 12, 1968; at 7:45 P. M. and also that a Public Hearing be set at the same time to hear the request for a variance to permit Sidney Brandes who has been operating a package store next to the Rexall Drugs on South Federal ® highway to operate a package store on the old Shell station on South Federal Highway. Commissioner Houston made a Motion for a Public Hearing to be held regarding the above two matters. Commissioner Marant seconded the Motion and the Commission voted as follows: A Houston yes Marant yes Thornton yes Waiters yes Kelly yes � Motion passed. The next item was a Public Hearing conducted by the Zoning Board regarding Ciro Spina, a rezoning from R-1 to R-2 and variance to permit construction of duplex with less than 50 feet frontage with over 6,000 square feet, ® at property located at the North east corner of S. E. 2nd Avenue and S. E. 6th Street. City Attorney Walden suggested a Public Hearing be set for November 18, 1968 at 8:45 P. M. Commissioner Houston made a Motion to that effect and Commissioner Marant seconded the Motion. The Commission voted as follows: ® Houston yes Marant yes Thornton yes Waiters yes Kelly yes MoLicn passed. City Attorney Clarke Walden stated that item six on the Agenda was a Public Hearing conducted by the Planning and Zoning Board regarding the request of Ben Kleinberg, represented by Matthew Spenedal, for a change of zoning to R-Apartment zoning. Commissioner Houston made a Motion for d Public Hearing before the Commission to be held on November 18, 1968 at 9 :00 P.M. Commissioner Marant seconded the Motion and the Commission voted as follows : Houston yes :• Marant yes Thornton yes Waiters yes Kelly yes Motion passed. 10/21/68 - 5 - City Attorney Walden stated that the next item on the Agenda was the request of Matthew Spenedal for approval of the site development plan. It was recommended by the Planning and Zoning Board that the plan be approved. Discussion cameup regarding the water pressure and Commissioner 1 Marant suggested that the Building Inspector get together with the City Engineer John Farina for his judgment on it. Mr. Spenedal stated that he would do whatever the City Engineer suggests. Commissioner Marant then made a Motion to approve the site plan and Commissioner Waiters seconded the Motion. The Commission then voted as follows: Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion Passed. City Manager's Report: City Manager Stanley Goldberg presented a bill from engineers Broorwand Farina for General Supervision Contract "B" and "C", of Project 6555, 4% of $5,265. 252 for a total amount of $210.61. Commissioner Marant made a Motion to pay said bill and Commissioner Waiters seconded the Motion. The Commission voted as follows: i Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion passed. ® City Manager Goldberg presented another bill from Broome and Farina in the amount of $98.80, for sketch of Sheridan Street showing City limits of Dania, as per the request of City Attorney Clarke Walden's office, regarding a case against the City. City Attorney Walden said 11e remembered this but suggested that they look into this because he thought the bill did not warrant the charge. He said it was just a little sketch. City Manager Goldberg requested that Thomas D. Franklin be appointed again to carry out the election of November 5th, as he did in the Primary election. Commissioner Houston made a Motion that Thomas D. Franklin be appointed for said election and that a Resolution be drawn ® up to that effect. Commissioner Marant seconded the Motion. The Commission voted as follows: Houston yes Marant yes Thornton yes i Waiters yes Kelly yes Motion passed. Mayor Kelly i: structed the City Manager to make arrangements to have the City Hall opened on Saturday, October 26, 1968, for the purpose of registration, since it was the last Saturday before the Registration books closed, prior to the General Election. There was a discussion regarding bill received from Cusplich, Spina 6 Co. , in the amount of $1,960.00. Motion was made by Commissioner Marant to pay the bill. Motion seconded by Commissioner Waiters. Commissioner Houston stated that he would like the bill to show the number of hours of work that was involved. The Commission then voted as follows: Houston yes Marant yes Thornton yes ® Waiters yes Kelly yes 'lotion passed. 10/21/68 - 6 - Mayor Kelly asked the City Manager if all letters had been sent out regarding connecting up to the sewer system and the reply was "Yes". City Manager Goldberg stated that he had received may replies advising they were out of town and would connect when they got back and that many have connected since that time. Some claimed hardship. Mayor Kelly instructed City Manager Goldberg to submit a list of all those who have not yet connected. Commissioner Marant presented a letter from the optimist Club requesting permission to use Frost Park on Saturday, November 16, 1968 for their annual Kids Day carnival, during the hours of 8 :00 A. M. to 10:00 P. M. After discussion regarding the feasibility of using Frost Park, it was decided that Commissioner Marant would look into this matter and it would take place either at City Hall parking lot or Frost Park, whichever would be best. Commissioner Marant made a.Motion to that effect and Commissioner Waiters seconded the Motion. The Commission voted as follows : Houston yes Marant yes Thornton yes Waiters yes Kelly yes Motion passed. Commissioner Houston stated that he received a complaint from Mrs. Weinfield of 258 S. W. Gth Street, regarding a sidewalk which had dropped and was very dangerous and requested that this be fixed immediately. Commissioner Thornton asked the City Manager if we have an outstanding bill for $1,240.50 from the E. I. L. Instrument Co. in Maryland. City Manager Goldberg stated that, to his knowledge, we did not owe they any outstanding bills. Mayor Kelly asked if the City of Dania has any receipt as to having received anything from them. He said he had heard something about this when the State Auditors were here but nothing was substantiated. It was some sort of third party deal, where some other company bought from this compan y and did not pay them. City Manager Goldberg stated that the City Attorney and the City Commission went over this matter some time ago and there was an extensive report submitted by City Attorney Walden in regard to this. City Attorney Walden stated that he didn't remember anything about a bill; but, at that time, when this "bugging" matter came up, he recommended that the City get their records straight. Commissioner Thornton stated that we had some equipment turned in, in December and we ' received some money for it but there is no record of what material was turned in. After more discussion, Mayor Kelly adjourned the meeting. Mayor Robert B. Kel 10/21/68 - 7