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31067 - MINUTES - City Commission
MINUTES OF COMMISSION MEETING CITY OF DANIA, 11 J Page -1- e The City Commission of the City of Dania, Florida, held their regular meeting in the City Commission Room at the Dania City Hall at 8:00 P. M., June 17, 1968. Mayor-Commissioner Kelly 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 ® - Boisy N. Waiters - Joseph Thornton City Attorney - Clark Walden City Manager - Stanley Goldberg Chief of Police - Donald Parton Building Inspector - Hubert Walker ® Acting City Clerk - Gloria Houghton Invocation was given by Mayor Kelly and the pledge of allegiance to the flag was recited. Minutes ® —sty Attorney Walden submitted for Commission approval the Minutes of May 27 and May 29, 1968. Commissioner Waiters moved that the Minutes of May 27 and May 29, 1968, be approved. Commissioner Marant seconded the motion. The Commissioners voted as follows: Houston Yes ® Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. m Bills Approved ity ttorney submitted for approval the bills for the month of May, 1968. Commissioner Houston said he had not had a chance to look the bills over and had some questions and wished them held until until the next Monday. Commissioner Waiters moved that the bills for the month of May, 1968 be approved . Commissioner Marant seconded the motion. The Commissioners voted • as follows: Houston Yes, (although he has some questions) Marant Yes Thornton Yes Waiters Yes O Kelly Yes Motion passed. Ordinance - Utilities - Water, or Water and Sanitary Sewer Service - First, econ , Third and Fina ea �n s. City AttorneyWaldens mi a an r finance on Deposits for new applicants i for water service or for water service and sanitary sewer service furnished premises within . City of Dania. The Commission discussed the amounts of these deposits and determined that: 1) Each new applicant shall pay a deposit of $10.00 at time of application for water service. IC 2) Each new applicant shall pay a deposit of $30.00 at time of application for water service and sanitary sewer service. A motion was made by Commissioner Waiters to adopt the Ordinance on Water and Water and Sewer Service Deposits for new applicants on First, Second, Third and Final Readings . The motion was seconded by Commissioner S Marant. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes /.1.7/68 -1- n5 ,i MINUTES OF COMMISSION MEETING CITY OF DANIA, HELD ON JU , 19 Page -J- Ordinance - Garbage - First Reading '^ City At or�Wal ens mi a for reading a new Garbage Ordinance and after much discussion by the Commissioners, which included suggesting plastic garbage cans or packages for disposal, the Chair recognized , Mr. Arthur Redman of the Penn Restaurant, East Dania Beach Blvd., Dania, Voi Florida. He wanted to know who was going to pick up his garbage other ' than the three cans specified. He said, at one time, he had paid $50.00 U a month of pick-up. He said he would be willing to pay the city for extra garbage pick-up and that a rate should be set by the city for so many cans. Commissioner Marant asked Mr. Redman how many garbage cans he had and Mr, Redman replied, three at the most per day, plus a lot of boxes, six days a week. Commissioner Marant said this represented a minimum of eighteen cans a week. He said, that in his own business, he was required to pay between $65:00 and $75.00 a month of a 2' yard container, but even at that rate he thought he was' getting a good deal for a seven-day pick-up, rain or shine; that he knows certain sanitary conditions have to be maintained,and that garbage pick-up has to be in- cluded as part of a business' overhead and that it was the businessman who suffered the costs. Mayor Kelly said he did not think the city could legally set prices, but he certainly felt, that if the city is going to set a policy, it will not go into the commercial business and that licensed haulers coming or in the city should certainly be willing to cooperate with the city, and that the city was not set up to go into the costs of a commercial operation. Commissioner Marant pointed out to Mr. Redman that his pick-up by the city would be three cans, three times a week, or nine cans a week that would be picked up by the city. Mr. Stanley Goluski, Hi-Li Motel Apartments, Dania, appeared before the Commission and was recognized by the Chair. He wanted to know how many cans of garbage would be picked up at his motel and was advised that the garbage would be picked up per three cans, per unit, twice a week in one area. Mr, Mervin Span, Dania, Florida, appeared before the Commission and was recognized by the Chair. He asked what would be the situation with respect to Tropic Apartments where there are ninety-six units. He was advised by Commissioner Waiters that the cans would have to be picked up in one area. Mr. Nuby, Manager, Tropical Park Apartments, 21 N.W. loth Court, Dania, came before the Board and was recognized by the Chair. He asked if his apartments were considered as "commercial," as there were twelve buildings with twelve cans behind each building. Mayor Kelly advised that the cans should be in a general spot behind each building. Then there followed discussion, that perhaps with motels and apartments there should be a cut down on the number of cans per unit, per week, as perhaps the new Ordinance • was too liberal. After much further discussion among the Commissioners and audience, and upon recommendation of the City Attorney that the City resolve any conflict with regard to garbage pick-up at multi-family dwellings before the Third and Final Reading of the Ordinance, Commissioner Waiters moved that the Garbage Ordinance be passed on First Reading and that the Second, Third and Final Readings be passed at the next few meetings. Commissioner Marant seconded the motion. The Commissioners voted as follows: Houston No Marant Yes ® Thornton Pass Waiters Yes Kelly Yes Motion passed. - 5/17/68 -2- MINUTES OF COMMISSION MEETING CITY OF DANIA HELD ON JUNE 17, 1968. Page -3- Action Tabled - Resolution Creating Department of Public Works Tity Attorney discussed the matter of a new resolution creating a Department of Public Works, which resolution would incorporate the sub- departments of the Building Inspector, Water Superintendent and Sewer Superintendent, among other things. After a short discussion, a motion was made by Commissioner Marant to table adoption of a resolution creating a Department of Public Works. The Motion was seconded by Commissioner Houston and the Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Ordinance - Water Meter Charges - Second, Third and Final Readings amity Attorney a enlc7nss m1ttte add time an Ordinance rear the previous week on new water meter charges,(First Reading). After discussion, Commissioner Marant moved that the Ordinance on Water Meter charges be adopted and passed on Second, Third and Final Readings subject to amending the water meter sizes and charges as follows: 5/8" water meter - $75.00 1" water meter - $150.00 1/' It water meter - $185.00 2" water meter - $295.00 The motion was seconded by Commissioner Thornton and the Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Permits - Certificate of Occupanc City Attorney a en s mi toythe recommendation of the Planning and Zoning Board, as of their meeting of June 11, 1968, in connection with a building constructed for garage use by Mr. Eugne Harris, 157 Phippen Road, Dania, Florida. Mr. Walden said the Planning and Zoning Board approved authorizing Building Inspector Walker to grant a certificate of occupancy to Mr. Eugene Harris with the stipulation, that since the building had been constructed 26' from the center of Phippen Road instead of 36' as required by an ordinance, that at such time as Phippen Road should be widened, the necessary section of the building should be razed at the owner's expense to comply with the ordinance. . The City Attorney advised the City Commission at this time, that if they wished to approve the Planning and Zoning Board's recommendation, it would have to be approved subject to an Ordinance, and an Agreement being signed with Mr. Harris. Building Inspector Walker came before the Commission and said he had determined that the erection of the building was in violation of City Ordinance No. 327 by being 26' from the center line of Phippen Road instead of 36' as the ordinance read, and he could not, therefore, issue a certificate of occupancy. He said the ordi- nance, with respect to setbacks, had been adopted some twelve (12) years Drevious to the submission of Mr. Harris' building plans submitted in 1966. It appears that the Planning and Zoning Board and City of Dania had made an error in approving the plans with a 26' setback instead of 36' in 1966. Building Inspector Walker recommended that the city issue a restricted Certificate of Occupancy to Mr. Eugene Walker and that he not be penalized. 6/17/68 -3- r MIDIUTES OF COMMISSION MEETING CITY OF DANIA t JU 17, 9 Page -4- Permits - Certificate of Occupancy (Cont'd. ) u Commissioner oston ma e a motion to issue Mr. Eugene Harris a Certifi- cate of Occupancy at 157 Phippen Road, Dania, Florida. The motion was seconded by Commissioner Marant. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes ® Motion passed. Re-Zoning - Variance - Trailer Park - Public Hearing City Attorney Malden s-mi- t ee3 the recoicmmen anon of the Planning and Zoning Board that a variance be granted Mr. Archie Weiner, d/b/a Weiner's Trailer Park, 801 East Dania Beach Blvd., Dania, Florida, to increase the ® number of his trailer spaces from 18 to 66. Commissioner Houston moved that the City Attorney be authorized and instructed to advertise for a public hearing to be held before the Dania City Commission on July 152 1968, at 8:15 P. M. , said advertisement to be advertised in the news media, and that the Acting City Clerk notify all property owners of record located within 300' of the subject property of said public hearing within one week. The motion ® was seconded by Commissioner Marant. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes 0 Kelly Yes Motion passed. Re-Zoning - Variance - Royale Palm Yacht Basin - Public Hearin C ty Attorney Glalden su mute t e recommendation o the Tanning and Zoning Board that a variance be denied Mr. Louis Marrone, d/b/a/ Royale ® Palm Yacht Basin, 701 N. E. 3rd Street, Dania, Florida, to expand the operation and services at the marina to include the operation of a boat life, and temporary dry storage of a number of boats north of the combined ship, office and showroom building while repairs were being made to the boats . After discussion, on motion of Commissioner Marant, seconded by Commissioner Houston, the City Attorney was authorized and instructed to 0 advertise for a public hearing to be held before the Dania City Commission on July 15, 1968, at 8:30 P . M. , said advertisement to be advertised twice in the news media, and that the Acting City Clerk notify all property owners of record located within 300' of the subject property of said public hearing within one week. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. 0 Re-Zoning - R-Apartment House Zoning Classification - P��ublic��Hear��in City Attorney Walden su tea t e recommen ation o t�glanning and Zoning Board that public hearings be held July 9, 1968, before said Board on four parcels of land listed below. Commissioner Houston asked the City Attorney' s opinion as to a reverter clause wherein, if the property were p� rezoned and there was no construction commenced within six months to a year, could the property revert back to its former classification. The City Attorney said he thought, that if the city rezoned a property to a new classification and put in the condition, that if construction were not started in a year, at the expiration of a year the city could revert the property back to its old classification. He said he also thought that SL the city would have to advertise its intention of reverting the property. Commissioner Houston said with respect to the Murawska property listed below and the application to rezone the property it would be necessary, in his opinion, to have some streets vacated within that property and that the O 6/17/68 -4- MINUTES OF CITY COMMISSION MEETING, CITY OF DANIA FIELD J 1 , 1 Page -5- i Re-Zoning - R-Apartment House Classification - Public Hearings (Cont'd) city s7ould have an easement tor drainage purposes . At this time Commissioner Houston moved that the City Attorney be ® authorized and instructed to advertise in the news media for public hearings to be held before the Planning and Zoning Board on July 9, 1968, at 8:15, 8: 30, 8:45, and 9:00 P. M. to hear requests and/or objections for a change of zoning to -R-Apartment House Zoning by: =a; Smith & Bellows, south of N.E. 2nd Street between Fronton Blvd. Ra, ® and N. E. 5th Avenue extended; Swanson & Parker, between East Dania Beach Blvd. and N. E. 2nd Street east of Dania Hi-Li; William E. Murawska, north side of N. E. 2nd Street east of N. E. `E Third Avenue; and z[ Albino Vandrasco, west of the golf course between S. E. 2nd and 3rd Courts and S .E. 1st and 2nd Streets, Dania, and that public hearings be advertised to be held before the Dania City x. Commission on July 22, 1968, at 8:15, 8: 30, 8:45, and 9:00 P. M. in regard to the aforementioned requests for rezoning, and that the Acting City Clerk notify all owners of record located within 300T of the subject properties • of said public hearings within one week. The motion was seconded by Com- missioner Waiters and the Commissioners voted as follows: Y; Houston Yes Marant Yes Thornton Yes A Waiters Yes Kelly Yes Motion passed. The Commission determined at this time that there would be a $25.00 filing fee for advertising for a public hearing. Commissioner Marant left the meeting at this time, 9:45 P. M. . Permit amity Attorney submitted the recommendation of the Planning and Zoning Board that Louis Marrone, d/b/a Royale Palm Yacht Basin be issued a city • permit to dig a 280' waterway to connect with the Dania Cut-Off Canal. After discussion, Commissioner Houston moved that the Commission table the request of Mr. Louis Marrone for a permit to dig a 280' waterway. The motion was seconded by Commissioner Thornton. The Commissioners voted as follows: Houston Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. • Re��-Zo_n__in� - Ordinance - New En,land Oyster House Area -R-2 to B-2 Zonin Z�ity Attorney s mute t o recommen ation or t e anning and Zoning Board that the application of the New England Oyster House for re- zoning their property and environs from R-2 to B-2 be approved. After con- siderable discussion, on the recommendation of the City Attorney that the city have drafted and adopted on First and Second Readings at this public hearing an Ordinance that the following described lands be changed from all existing zoning classifications to B-2 zoning classification. The North 400 feet of the East Half (E�) of the Northeast Quarter (NFk) of the Southwest Quarter (SW�) of the Southwest Quarter (SWk) of Section 35, r_ Township 30 South, Range 42 East, lying South of the South Right-of-Way line of Dania Beach Boulevard; said lands situate, lying and being in Broward County, Florida. 6/17/68 -5- 0 LF MINUTES OF CITY COMMISSION MEETING CITY OF DANIA HELD ON JUNE 17, 1968. Page -6- Re-Zonin - Ordinance - New England Oyster House Area - R-2 to B-2 Zonin (Cont'd) . ter further discussion,To issioner ouston recommended tie ci4— accept a dedicated easement from the New England Oyster House after the Third and Final Reading of the subject ordinance and prior to issuing a permit for construction subject to the adoption of the Ordinance on Third and Final Reading. There being no further discussion, Commissioner Waiters made a motion that the property along the south side of Dania Beach Blvd., from the east side of the New England Oyster House property line west to the Dania Golf Course, a depth of 400', as outlined abovq.be rezoned B-2. Comm. Houston seconded the motion. The Commissioners voted as follows: Houston Yes Thornton ' Yes Waiters Yes Kelly Yes Motion passed. Permits - Royale Palm Yacht Basin r. uis arrone, 701 14 . 17 3rd Street, Dania, came before the Com- mission at this time and was recognized by the Mayor. Mr. Marrone discussed his plans to dig a 280' waterway to connect with the Dania Cut-Off Canal and stated Building Inspector Walker had the plans in connection with this waterway and that the other set of plans were with the Corps of Army Engineers and was awaiting their approval as well as other legal approvals required. Slum Clearance r. Mervin Span, Dania, came before the Board and was recognized by the Mayor. Mr. Span said that some time back the City Attorney was instructed to start working on slum clearance on abandoned shacks and he wanted to know what progress had been made in this connection. City Attorney Walden said he had received a long list of perhaps eighty properties from either the Building Inspector or Commissioner Waiters. He said these houses were described by street address and these lists were turned over to the Lauderdale Abstract and Title Company because the city is required to give a notice to record owner. He said all the records at the Court House and with abstract companies are indexed by lot and block rather than street addresses. He said he gave the list back to Mr. Waiters recently; that Commissioner Waiters had obtained actual copies of subdivision plats and was going to go down the street and mark off in particular lots where these homes exist and that before he and the city could do anything further, he had to have legal descriptions rather than street addresses. Mr. Span said he thought the young men of the area, on an incentive plan, would be willing to cooperate in getting the junk shacks torn down. Mayor Kelly said he believed the city would cooperate in this civic project 100% and that the boys would have a picnic for their help in cooperating with this civic project. Commissioner Houston said he wanted it understood that the city was not responsible for tearing down the shacks, but that the property owner was responsible. City Manager's Report ity anagerGoldberg said that sometime ago there were two contracts that were advertised for sewer extensions and water extension contracts. He said those have expired and would like authorization to re-advertise the sewer extension and water extension contracts similar to the ones the city had previously. He said he was looking forward in the area of the projected rezoning and building areas where it would require the extension of some of the city' s sewer lines and that by the time the contracts are advertised and awarded it would take some time and that the purpose would be to have a bid price which would be good for a period of time, perhaps six months, after it was awarded, which he said meant that any time between now or from six months to a year from now, if there were any extension work to be done it could be done properly without having to wait for the authoriza- tion, the advertising, the bids being received and then awarded. After discussion, there was no further action taken. 6/17/68 -6- T � t Aim f. MINUTES OF CITY COMMISSION MEETING CITY OF DANIA HELD ON JU E 17, 196 Page -7- City Manager's Report (Cont'd) t rty anagerGoldberg said with respect to the adjustment of court salary item the Chief of Police and the Judge have determined that the Prosecutor is not needed, his services have been terminated, and at that r Y '.t was the understanding of the Judge there was some discussion as to adjusting the salary on the city Judge. The City Manager recommended that `- the matter be referred to the Police Committee .when no action was taken by the Commission. ttn City Manager Goldberg said, that according to the local newspapers, Hollywood and other cities are having problems with their police salaries w _:. and recommended that there be a meeting scheduled for the Chief of Police, and F aw Police and Finance Committee to attend to do all the city can to treat its men fairly after reviewing what is needed for its police personnel. After discussion concerning this matter and proposed budget meetings the Mayor � said he would try to set this matter up in the near future. Election - Voting —Zommissioner Waiters made a motion that the Acting City Clerk begin . purging the voting registration lists and that each Commissioner receive a copy of each precinct list, North, South and West Precincts . Commissioner Houston seconded the motion. The Commissioners voted as follows: =a x Y Houston Yes r., Thornton Yes Waiters Yes i Kelly Yes Motion passed. ;O At this time Commissioner Houston noted that the purged list should be hung outside City Hall for thirty days before the actual purging is initiated, that the lists will include persons who have not voted for the past four years, those that have moved from the city or who have died, etc. . Maps City Attorney Walden said he had been authorized about a month ago to contact surveyors and had the Boggs office in mind to work up a description of the city and, in effect, draw a map. He said he had occasion to talk to Mr. Berry, whom the Commission did not particularly mention to him, and he asked him about the maps his father had prepared twenty years ago. He then said Mr. Berry was going to submit a price quotation to the city as ® to what his firm would charge to prepare a "sub-division map" and that it will be the same basic map but that it would pick up new sub-divisions that have been platted in the last fifteen years and it will show the lots and blocks in the city. He said that the city was under no obligation to deal with Mr. Berry, but that some prices would be coming into the city. Commissioner Houston said, that if the City Attorney would supply the dif- ferent amendments to the city Charter, that he knew someone who would run the city limits out for the city and would place the annexations to the west and north and that it would not cost the city a quarter. He said the man's name was Dave Aucamp, a former city manager, who was well-qualified. [Municipal Improvements Project No. 6555 - Water and Sewers QO ommissioner ous on as e s ci con ac s a een signed for the paving, water lines and sewer and was informed by the City Manager that the City Engineer had written him that two of the contracts had been signed and that all of the paving work should be started by the first of the month. T. st Malls ® Commissioner Houston requested the Commission to make an authorization on the sinking of a test well, as he had recommended two meetings ago. Mayor R 11y said that Commissioner Houston had mentioned two sites, but did not not, where they were located. No action was taken on this matter. ;osqu'to Control Commiss000er Houston requested that the Public Works Department be authorized and instructed to commence fogging for mosquito cont:rol.by the c "ty Manager. Mr. Chester Byrd commended the city for the mosquito control service he had enjoyed so far this year. f/17/6© Page -7- �vu:M}+-:n� "inn"lr..Yw�S.N'.yyySy^.u41C! dy Elm MINUTES OF CITY COMMISSION MEETING CITY OF DANIA HELD ON JUNE 17, 1968. Page -8- Permits - Travelodge Motel BEilding Inspector u ert Walker came before the Commission at this time and said that the Commission had voted to give Mr. Morton of Travelodge a permit for additional construction on their property provided they would pave 18' back of the motel to park five (5) cars there. He said that Mr. Morton could not have 18' there because it was a physical impossibility, that Mr. Morton had submitted for filing a letter stating that they have fifty-five parking spaces for guests on their property on North Federal Highway, and that they agree to construct five (5) more parking spaces in order to obtain the Certificate of Occupancy. And, in addition, they would have available at least twelve (12) more spaces for emergency and related parking and that these additional spaces will be readily available, but un- paved, and will be used only when necessary. ' After discussion further on this item, the Commission stated that a retaining wall had to be put up, as shown on the prints, and if necessary, to put it on a spreader. The Com- missioner further agreed that no certificate of occupancy will be issued until that which needs to be complied with is accomplished. Adjournment There being no further discussion or business at this time, 10:45 P. M. , on motion made, seconded and unanimously passed, the Commission adjourned their meeting until June 24, 1968, at 8:00 P. M. . Respectfully submitted, ayor- omm ssioner Robe e y - 114 G a oug c g City Clem i 6/17/68 -8 v3.