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HomeMy WebLinkAbout31072 - MINUTES - City Commission' r = hiINUTS OF SPECIAL MEETING CITY COMMISSION CITY OF DANIA HELD May 27 768. Page -I- The City Commission of the City of Dania, Florida, met in special session in the Commission Room at Dania City Hall at 8:00 P. M., May 27, 1968 . N The invocation was given and the pledge of allegiance to the flag M1 was recited. Vice-Mayor Waiters asked the Clerk to call the roll and the follow- r ing Commissioners were present: Vice-Mayor--Commissioner Boisy N. Waiters Commissioners Robert E. Houston x Joseph Thornton Mayor--Commissioner Robert Kelly ( 9:30 P.M. ) , Absent: Commissioner Richard Marant Pres City AttorneyClarke Walden City Manager Stanley Goldberg Chief of Police Donald Parton Building Inspector Hubert Walker • Acting City Clerk Gloria Houghton V There being a quorum present, the Vice-Mayor called the meeting in session. Minutes • —The City Attorney submitted for approval the Minutes of May 13, 1968. Commissioner Thornton moved that the Minutes of May 13, 1964 be approved as read. Commissioner Houston seconded the motion. The Commissioners voted as follows: Houston Yes Thornton Yes ® Waiters Yes Motion passed. Licenses - Second and Final Reading Uity Attorney a ens mite for approval on the Second Reading the application of Lillian Lo Bue for transfer of a 2 COP license at 324 South • Federal Highway, Dania, from Jacques and Michelle Jasmin. Commissioner Houston moved approval of the transfer of the 2 COP license from Jacques and Michell Jasmin (DiCaprio's) to Lillian Lo Bue (Mama Mia's) on the Second and Final Reading. Motion was seconded by Commissioner Thornton. The Commissioners voted as follows: O Houston Yes Thornton Yes Waiters Yes Motion passed. Zoning - R-Apartment Zonin Cla�ssificcation Ordinance - First__Readiip • —C`ity ttor�ne TaTa read an ordinance creating a new zoning classifica- tion to be known as R-Apartment Zoning Classification to permit the construc- tion of multiple family apartment houses on parcels to be zoned R-Apartment Zoning Classification; and providing for standards, restriction, requirements and limitations concerning such matters as size of plots, vacation of streets, general procedures, height, plot coverage, setback requirements, plot area • per room, minimum floor areas, sidewalks, paving, catch basins, and sewerage; and providing for the submission and approval of a site development plan before construction shall be permitted. Noted clerical errors: Page 7, Sec. 9: Maximum number of stories to be 4 stories; and Sec. 20, Site Development P1an,Item (g): the 4 finished grade and elevation of the plot or parcel. 5/27/68 -1- MINUTES OF SPECIAL MEETING, CITY COMMISSION OF DANIA FIELD May 27, 1968. Page -2- Public Hearing - R-Apartment Zoning Classification Ordinance - First Reading 1t now being 5�.,tTe time a ver ise�lic hearing on the R-Apartment Zoning Classification Ordinance, Commissioner Houston asked the City Attorney if the Planning and Zoning Board had approved the Plot Plan, and was informed this was so.He said the Planning and Zoning Board is to hold an advertised public hearing and will then recommend that the Site Development Plan be approved and the recommendation will come to the City Commission at its next meeting; and the Commission, without being required to have any more hearings, should adopt a rescg4clon approving the plan. Commissioner Houston asked if the Commission/au�Tiorize another hearing and ® was advised it could by the City Attorney. City Manager Goldberg asked, if at the Planning and Zoning Board hearing that town houses were to be included in this zoning, and was advised by the City Attorney that Mr. Val Brennan, Area Planning Board, had suggested that town houses be eliminated, which is a detached row house. City Attorney Walden said, in effect, in the R-Apartment Classification it would not allow someone to construct • individual homes or duplexes, or town houses, rather that the city will limit the classification to multiple family dwellings . Bids Accepted - 8:30 P, .M. t now being P. M., the time advertised for acceptance of bids on municipal improvements of street paving, water lines, sewers and drainage, • Commissioner Houston moved that the time to receive bids be closed. The motion was seconded by Commissioner Thornton. The Commissioners voted as follows : Houston Yes Thornton Yes Waiters Yes • Motion passed, Public Hearing--R-Apartment Zonin Classification Ordinance - First Reading (Cont'd e City ttorney advise t at variances can De granteU to the propose ordinance after it has passed the Commission. He said, further, he thought the Commissioners might wish to think about creating a high-rise ordinance • at 6 later date. At this time, Mr. Nat Miller, representing a group of investors to be known as Golfview Associates and who wish to construct about a $10,000,000.00 project in the City of Dania, appeared before the Commission and was recognized by the Chair. He said he objected to cer- tain requirements in the ordinance especially in regard to condominiums because of the parking spaces requirement. He said they normally provide • 1 to 1 parking and 15% to 20% for guest parking and, that because 20% of the retirees occupying the apartments do not drive cars, they usually pro- vide 1k parking spaces for 1-bedroom apartments and 1' parking spaces for 2-bedroom apartments. He said that 1' parking spaces across the board would make development very restrictive. The second objection was to the square footage requirement on the efficiency apartments of 600 sq. ft. . • He said this was unusually high for an efficiency. He said an efficiency apartment, or what is also known as a single's apartment, is often constructed of a square footage of between 520 sq, ft, and 540 sq. ft. , which includes a regular kitchen, bathroom with window, a 101 x 191 living room, and a bedroom alcove. He said these apartments were also called junior apart- ments. Commissioner Houston said the square footage for these aforementioned • apartments was too little and he would like to see a model apartment. It was determined one of the apartments could be seen at Winfield Gardens, Winfield Blvd., Margate, Florida. It was noted her that the square footage for a proposed 1-bedroom apartment would be 750 sq. ft. and 1,020 sq, ft. for a 2-bedroom apartment. • After much further discussion, Commissioner Thornton moved that the R-Apartment Zoning Classification Ordinance be passed on First Reading. Commissioner Houston seconded the motion with the understanding that the Second Reading would be held at the next regular Commission meeting. Mr. Gus Brice appeared before the Commission and was recognized by the Chair. He said there were three applications before the Planning and • Zoning Board on multiple units amounting to 27� acres. He said, that 5/27/68 -2- r • MINUTES OP SPECIAL MEETING CITY COMMISSION OF DANIA HELD May 27, 96 . Page -3- Public Hearing - R-Apartment honing Classifir_ation Ordinance - First Reading(Cont'd inasmuch as there are to e t ree rea M son t e r inance, a as a to matter be given as fast a consideration as possible. He said that one of the parcels of land had an option on it that was being held for 60-days, and there was a strong possibility of losing the land, if the Ordinance passage was delayed. He said the Planning and Zoning Board had tried very hard to get the 600 sq. ft. and the parking area spaces put in the Ordinance to forestall future problems. Commissioner Houston said there was need for more time to think about this Ordinance. Commissioner Houston seconded the motion on the floor. He further said he would not vote on the Third Reading until there was a reverter clause of some kind given on the zoning. He said the question of zoning will come up at a future time. The Commis- sioners voted as follows: Houston Yes Thornton Yes Waiters Yes Motion passed. Bid Opening - Municipal Improvements t t is time, , commissioner Thornton moved that the bids accepted and closed at 8:30 P. M. be opened. Commissioner Houston seconded the motion. The Commissioners voted as follows: Houston Yes Thornton Yes Waiters Yes Motion passed. The City Engineer and City Manager opened the following bids on Municipal Improvements, Project #6555, Paving, Sewers, Water Line and Sidewalks . A B C D Pam- eS�wers Water Line i ewa s United Utilities, Inc. $ -0- $23,959.60 $5,680.75 $ -0- L & M Paving Contractors 29)513.64 -0- -0- -0- '0 Broward Construction Co . , Inc. 33,365.69 -0- -0- 1,199.40 All Construction Co. -0- 18,003.08 5,535.56 -0- A. Gaudio & Sons -0- 125803.00 5,363.00 -0- • Delegal Paving Contractors, Inc . 26,920.20 -0- -0- 2,363.30 Commissioner Thornton moved that the bids be referred to the City Engineer and City Manager for tabulation. The motion was seconded by Commis- sioner Houston. The Commissioners voted as follows: Houston Yes Thornton Yes Waiters Yes Motion passed . City Attorneys Report - Proposed Swale Ordinance City Attorney Walden reporte t at a Swale Ordinance had been prepared at the request of the Building Inspector, Mr. Hubert Walker, which he said wa., taken in context directly from the Broward County regulations: An Ordinance B . 5/"7/68 -3- 's �y MLNUTES OF SPECIAL MEETING CITY COMMISSION OF DANIA Page -4- HELD ON May 27, 1 City Attorney's Report - Proposed Swale Ordinance (Cont'd) concerning the paving of drainage swa es within the pu is right-of-way; and providing for standards and regulations . Commissioner Houston said he did not see how such an ordinance could be enforced in the City of Dania because of the different widths of the streets, and parking arrangements, and the streets are not in the same elevation. Commissioner Waiters said he believed the Building Inspector needed to be backed up by the Commission, and, that whether or not the law could be enforced, at least the law would be on the books, and that, if the ordinance needed to be modified, now was the time to do it. Commissioner Houston moved the the proposed Swale Ordinance be tabled. Commissioner Thornton seconded the motion. The Commissioners voted as follows: Houston- Yes Thornton Yes Waiters Yes Motion passed. lb Test Wells - Water Co ssioner Houston asked the City Engineer for a report on test wells. City Engineer John Farina reported he had given his report to the City Manager this date. He said a test well had been installed at the water plant site at the S. E. corner, which is about 300' south of the ® prints . He said a 2" test well had been put in and a test sample of the cater submitted to the chemist who, in turn, had submitted an analysis. He said the casing depth was 84' and a well depth of 991 . The said the floride content of the sample was 44 parts per million; well under the 250 parts per million maximum allowed by the Florida State Board of Health and the U. S . Public Health Service and that this water is presently suitable ® for a public water supply. He said to remedy the city's water situation two wells could be constructed in the aforementioned area immediately, but that it was not possible to say how long the wells would last before becom- ing too salty for use. However, he said, by using two wells pumping at half the rate required for the treating tanks, rather than one well, pump- ing at the full rate required, the wells should last considerably longer. • Also, installation of these new wells would allow existing well "B" to be shut down for a period of time, and this may tend to recharge the well field with fresh water, but to what extent this would occur, it was not possible to say. He said the city engineers recommend installation of two new wells on the water plant property to insure an adequate supply for the city until a more permanent well field may be acquired. The cost for two new wells, ® pumps, motors, plungers, piping, fittings, valves and labor is estimated to be $23,500.00. The City Engineer requested the City Commission give authorization to proceed with the construction of these facilities so that plans and specifications may be completed, and that both wells would be constructed at about the same strata, but approximately 300t apart. He said two 10" wells' pump rate would be 500 gals. per min, versus the existing ® 2,000 gals. per min. . The above estimated cost includes 10% contingency and 25Y engineering and legal fees. Without these two costs the cost is about $18,500.00. He ssid, that if one well were to be constructed it would be estimated to cost about $10,000.00. He said he would suggest one well at a time be built. Commissioner Houston said he thought one large well should be built, and in regard to using water from Hollywood, that the City of Dania would only be using that water should something happen to Dania's water supply. At this time Commissioner Houston moved that specifications be drawn for the construction of a 2,000 gal. per min. 10" well, approximate size. Motion died for lack of a second. City Engineer Farina said one large well would cost in the neighborhood of $15,000.00 to $16,000.00. The City Engineer noted that one cannot utilize the maximum treating tank capacity l0 Vith one well at a 1,000 gals , per min, and one well at 500 gals. per min. . ;i said we have treating tanks capable of 2;000 gals per min. , that with one small well here would be a well capacity of well water of 1,500 gals per min. ; now with the two small wells the existing well, or with one large new well plus an existing well, the city would be able to produce 2,000 gals . per min. of well water. L 5/107/68 -4- �r 4�. M l 1 MINUTES OF SPECIAL MEETIIJG CITY COMMISSION OF DANIA Page -5- HELD on May 1 , 19 Test Wells - Water (Cont'd) City Manager Goldberg noted, that if two wells were put in, the city should put in one well first and get it operating and then put in the second well after the first is operating. The City Engineer said, if the city put in one 10" well with the pump, motor, etc. and stopped, it would be half the cost because part of the cost is divided into items such as the piping and electric, and all of these things have to be put into the construction whether one well or two wells are put into effect, and, further, he still recommended, if one large well were to be put in, that it be situated at the S. E. corner of the water plant site, and if two small ones were to be put in, the closer one would be put in first. The City Engineer requested permission to be allowed'another day to come up with the cost of one large well, and this was agreeable to the Commission. Special Commission Meeting The Commissioners at this time called for a Special Commission Meeting to be held May 29, 1968, at 7:30 P. M. to receive the tabulation of the municipal improvement bids heretofore mentioned and to receive a report on the cost of one large test well installation. Sewer Assessments Commissioner Houston asked the City Attorney for a report on the Pirates ' World sewer assessment owed the city as of Way 1, 1968, plus 6% interest, and City Attorney Walden said he had been unable to contact Mr. C. T. Robertson for the past two weeks, but that he did not believe there was any way in which Pirates' World could not be made liable to pay the assessment, plus interest. Commissioner Houston wanted to know if this assessment had been put on the books. This matter was to be determined by the City Manager, Mr. Goldberg. Licenses Commissioner Houston requested the status of the licenses with respect to the Aloha Club and Banyan Club in the amount of $750.00 each, held in escrow by Broward County. City Attorney Walden said the request for these fees had been forwarded to the Florida State Beverage Department at Tallahassee, but that he was not entirely confident the city would receive these monies, and had not, as yet, received a reply from Tallahassee in this connection. Mayor-Commissioner Kelly arrived at the meeting at this time, 9:30 P. M. . Sewer Assessments - Resolution Adopted and Effective "-' Commissioner Houston sai e a receive a ist of sewer assessments from Mr. Carney, and he presumed other officials of the city had also received said list. He stated the sewer assessments and water billings were not on r the tax certificates at City Hall. He said he saw where one organization owed the city some $800.00 for sewer and water, and that he understood the property had changed hands and that if this was so it should have been on the assessment certificates so that whoever bought the property should have seen to it that the money was paid at that time, if the purchaser had been put on notice that the bill stood against the property. Commissioner Waiters said these matters should come up at Utility Committee meetings. Commissioner Houston said the committees should disband. City Manager Goldberg said there were two things to consider as far as the bills were concerned: one is the assessments which are pending where payment has not been made, and the other is delinquent sewer charges . He said the question of assessment was brought up previously as to whether or not the balance of the assessments that have not been paid should be recorded on the county records . He said he would recommend that the city go ahead and record them on the county records to eliminate all possible question as to any assessments not being recorded --here. He said there was some question previously that the city not record the assessments on the county record . Commissioner Thornton aske=ity Attorney Walden if the city could always have the county record the assess- ments and then take them off at a future time, if necessary, and he was advised this was so by City Attorney Walden. 5/27/66 -5- FT'a.;u,w+u::-:w:aM.F�.•SST'�`Y�S�'=3".�IMe '� ....Xf.�1. ' t� 2 3 MINUTES OF SPECIAL MEETING CITY COMMISSION OF DANIA Page -6- Seder Assessments - Resolution Ado ted and Effective (Cont'd) Mayor Kelly sai t e .00 figure under discussion was a service charge figure and there was no reason for a service charge to go this high. Commissioner Houston said his point was that this charge should go on the list at City Hall just the same as the special assessments. Mayor Kelly said again, service charges should not be allowed to get so high; that the services should be cut off and, if properly policed, would have been or would be cut off. City Attorney Walden recommended that a resolution be adopted to put the assessments on the rolls . Commissioner Thornton moved that a resolution be drawn, adopted and effective that the balance of the sewer assessments be recorded on the county records and on the City of Dania assessment rolls . Mayor-Commissioner Kelly seconded the motion. The Commissioners voted as follows: Houston Yes Thornton Yes Kelly Yes Waiters Yes Motion passed. Water and Sewers - Proposed Ordinance With re erence to Commissioner ouston's request for information on deposits for new water and sewer accounts in the new sewer area, Commis- sioner Thornton said there had recently been voted an increase in this matter and that City Attorney Walden was authorized to prepare an Ordinance increasing the rates from $10.00 to $30.00 on water and sewer deposits. Bills Approved Commissioner Houston requested that the bill for the courtroom benches ordered sometime ago be paid immediately and City Manager Goldberg said there was no reason why the bill had not been paid and that he would see it was paid. Commissioner Houston said there was something wrong some place in the city's system of paying bills and that it needed to be corrected at once, and, that if a discount can be taken, then this should be done. The City Manager said the bills get paid when they come up except in a few isolated instances where there is good reason for a bill not being paid until certain conditions have been met. Permit - Travelodge —CommissionerrIouston requested a report from the Building Inspector as to whether or not Travelodge would construct a restaurant on their premises and whether or not tke parking spaces in the parking lot were as previously stipulated. Commissioner Thornton said the prints showed that Travelodge had 18' of pavement at the rear of the building and that the parking spaces the city was informed Travelodge had could not be put in 5 for that limited amount of area. Building Inspector Walker said there was only room for two parking spaces and not five, as specified at the previous meeting. Commissioner Thornton said the 18' of paving would have to be put in place before any permit for the restaurant construction could be issued. i Certificate of Competency - Master Plumber Commissioner Waiters introduced the matter of Mr. Eddie Cornelius being issued a Master Plumber's Certificate of Competency. He said that sometime ago Mr. Cornelius was advised, that if he could prove he had passed a City of Dania master plumber's examination in 1949, it might be possible for the city to issue him a master plumber's certificate of com- petency. Commissioner Waiters said he believed Mr. Cornelius had been issued a certificate of competency by the City of Hollywood and wanted to Know why the City of Dania could not issue Mr. Cornelius a certificate of competency as a master plumber on a reciprocal basis because the City of Dania had no way, at this time, of ascertaining by its old records when or if Mr. Cornelius had been issued his certificate of competency as a master plumber. Commissioner Waiters said Mr. Cornelius had been able to obtain an affidavit from the man who gave him the examination stating he had passed the Dania examination. He said, also, in this connection that he 5/27/6S -6- i �r MINUTES OF SPECIAL MEETING CITY COMMISSION OF DANIA HELD ON May 27, 196 Page -7- e Certificate of Competency - Master Plumber had asked or a report rom t e ity anager on the possibility of reciprocity j; r: of acknowledg±r General Contractor' s Certificates of Competency among the cities and Broward County. Commissioner Houston said the City of Dania had reciprocity for certificates of competency with those Central Examining Board., E- that issued certificates of competency in Broward County. Commissioner Thornton said that until Mr. Cornelius takes a test in Dania, he could not k` vote to issue the certificate of competency as master plumber because there is no record of Mr. Cornelius' having taken the master plumbing examination. ® Personnel - City Civil Service Board Commissioner alters a sked rhe Mayor when the matter of civil service9 would be completed and was advised that tfie city still needed a personnel director and this matter had not yet been resolved. Proposed Garbage Ordinance ayor e y as e at the city assign a special or regular meeting to take up the matter of a garbage ordinance and that a public hearing be held on this matter. Mayor Kelly said, if a special meeting on this matter were 'a heard on June 10, 1968, it would give the city time for some publicity. He further said the Public Works Director had made some studies in connection with garbage collection and that copies of facts and figures compiled with ¢ ®r relation to other cities would be made and distributed to the Commissioners. Commissioner Houston said this was a matter for the City Manager to handle. 4G �a Recall Petition Mayor Kelly asked the City Attorney if he had obtained a Hearing date on the Recall Petition. The City Attorney said he was preparing a Motion for a Summary Judgment. Water Line gay—or Kelly asked the City Attorney if there had been an progress made in the water line suit and was advised the date of the Hearing was on June 143 1968 before the Judge. O School Crossings representative of the Bethune Elementary School appeared before the Commission to request that consideration be given to provide a school guard for the school children crossing at S. W. 12th Ave, and S. W. 4th St, in Dania. The Commission requested the Dania Chief of Police to look into this • matter to see if the expense of a school guard could be included in the next fiscal budget. The Police Chief said this was a matter to be discussed with the Broward Sheriff's Department. City Manager's Report - Trash Dumping The Manager said i�iacT-come to his attention through the newspapers S that the County Commission on May 28, 1968, will be advised to deny a request made by the City of Dania to open a new dump in the unincorporated area just west of the city. City Manager Goldberg asked if the Commission wished to have a delegation to before the County Commission to object to the county's position in this matter. Commissioner Houston said he understood the county took the position the City of Dania would be in competition with the county's incinerators . City Manager Goldberg said the County Commission took the position that they and the cities were legally bound to abide by the county's incinerator ordinance be the proposed dump site was in the unincorporated area. Mayor Kelly said he would try to avail himself, along with the City Manager, to plead the city's case of closing an old trash dump and opening a new one at a rock pit near I-95 at the power lines because the city cannot feasibly 0 and economically haul the trash to the county incinerator; garbage, however, is hauled to the incinerator. The City Manager suggested that the City At- torney check with the County Attorney before the May 28th meeting as to how the city can legally dump trash in the new rock pit site. -)/�7/68 -7- g I•IINUTES OF SPECIAL MEETING CITY COMMISSION OF DANIA H _May Page -8- ate- " Sewer Resolution No, 1613 City Manager Goldberg said in regard to Sewer Resolution No. 1613, Sewer System, there was a section "D," page 25, that reads that the city will employ a consulting engineer in an advisory capacity to inspect the system and operations annually and to make reports and recommendations, iT- " + He requested this appointment be made because, apparently, such action (14, � has not been made in compliance with the resolution which goes back to i=s 1964. City Manager Goldberg said the final inspection was made February f =s 2, :1.968. Mayor Kelly asked the City Manager to look into the fee cost for such a consulting engineer, and the City Manager said the cost would s be in the neighborhood of about $1,000.00. Commissioner Houston said he .: did not believe any inspection was needed right now. City Manager Goldberg advised that the State Auditor had pointed out that the resolution was not being complied with by designating a consulting engineer and they had recommended that the City Manager bring this matter to the attention of p the City Commission for action. Commissioner Houston moved that the matter be tabled. Commissioner Thornton said the city has until next February art to employ a consulting engineer to inspect the sewer system. Motion died for lack of a second. Mayor Kelly requested the City Manager to come up with a couple of proposals and find out what the costs would be in order to appoint someone to this post and to report his findings back to the Commission. r14 Deeds Accepted - Resolution Adopted and Effective - Right-of-Way City Attorneya en sat t e ert erecktor ompany had }A given the City of Dania the right-of-way deed for the north 50' of its property subject to an existing mortgage on the property, and recommended the Commission adopt a resolution accepting the special warranty deed so that the building and bulkhead permits may be issued to Robert E. Derecktor & Company for which plans have already been submitted and approved. City Attorney Walden also said he had no recommendation to make with regard to the mortgage on the property. After discussion, Commissioner Houston moved that a resolution be drawn, adopted and effective accepting the right-of-way deed on the north 50' of the Robert E. Derecktor 6 Company property, and that the necessary construction permits be issued to Derecktor. Commis- sioner Waiters seconded the motion. The Commissioners voted as follows: Houston Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Adjournment On made, seconded and unanimously passed, the Commission adjourned the meeting at 10:40 P. M. with the next special meeting to be !9� held Wednesday, June 29, 1968, at 7:30 P. M. . Respectfully submitted, a omm sio er wobpc Relly K � oria Houghton, Acting unty erc 5/27/68 -8- rig: