Loading...
HomeMy WebLinkAbout31073 - MINUTES - City Commission MIiRITES OF MEETING OF CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD ON May 20, 1968. Page -I- The City Commission of the City of Dania, Florida, met in the Commission Room at the Dania City Hall at 8:00 P. M. . Present were Mayor-Commissioner Robert Kelly Commissioners Robert Houston Richard Marant Joseph Thornton Boisy N. Waiters City Attorney Clarke Walden City Manager Stanley Goldberg Chief of Police Donald Parton Building Inspector• Hubert Walker Mayor Kelly called the meeting to order at 8:00 P. M. and then gave the invocation. The pledge of allegiance to the flag was made. Mayor Kelly asked the Clerk to call the roll. The Mayor-Commissioner and all members of the City Commission were present. Minutes pity Attorney Walden submitted the Minutes of May 6, 1968, for approval, y Commissioner Marant moved that the minutes be approved. Commissioner Waiters seconded the motion. The Commission voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Celebration - July 4 1968 - Donations - Insurance ity ttorney a en submitT ecTequest�rom the Dania Chamber of Com- merce for permission to hold an Annual 4th of July Celebration. At this time Mrs. Eleanor Tubbs, Dania Chamber of Commerce, appeared before the Com- mission and was recognized by the Mayor. She stated she had turned the letter-request over to the City Manager. The Chamber of Commerce requested ' the use of the Dania Beach for the 4th of July Celebration as well as the t' use of the Marine Life Building for displays, permission for the presenta- tion of a Kiddie Show and the Channel 10 presentation of the Rick Shaw Show later in the afternoon. They also requested a $300.00 donation for fire- works. Commissioner Marant moved that the Dania Chamber of Commerce have the use of the Marine Life Building for July 4, 1968, with the stipula- tifin some arrangement be made to cover it with the proper amount of insur- ance, and that the city donate $300.00 for their fireworks display. The motion was seconded by Commissioner Waiters. City Manager Goldberg said to Commissioner Marant he thought it would be appropriate to leave off the insurance part in the motion; that it would be easier to have the Chamber take care of the insurance, and that since ` the city is on a retrospective plan, the insurance company feels some incident out there might hurt the city's overall retrospective situation. City Manager Goldberg said the Chamber of Commerce would provide their own insurance coverage and have made arrangement for the fireworks and also for the display. The additional coverage the Chamber of Commerce would get would be for the Kiddie Show, the Rick Shaw Show and the general beach, and they are to pro- vice the City of Dania with a Certificate of (insurance for this insurance coverage. Mr. Goldberg, said, actually, this is a request for the use of the building and the $300.00 for fireworks, with the stipulation that the Chamber of Commerce take care of the insurance coverage. The insurance could cover the beach, the fireworks, the display in the front part of the P: trine Life Building and the two shows in the afternoon. Mrs. Tubbs concurred with what City Manager Goldberg represented to the Commission. At this time, _1- MINUTES OF MEETING OF CITY OF DANIA COMMISSION, May 20, 1968. Page -2- Celebration - July 4 1968 - Donations - Insurance (Cont'd) Commissioner Marant amended his'�ion to be that the amber of Commerce of Dania have the use of the Dania Beach, the Marine Life Building and to present two shows in the afternoon and they are to provide all the insur- ance coverage for these facilities on July 4, 1968, and are to provide the City of Dania with a Certificate of Insurance. Commissioner Waiters seconded the amended motion. There was further discussion about the amount of help the Dania Chamber of Commerce would provide for the public as well as discussion concerning the selling of tickets for the two shows to be held, and City Manager Goldberg said this would be the responsibility of the Dania Chamber of Commerce. It was also determined, t1hat in conjunction with this effort, the Dania Chamber of Commerce would invite churches' representatives and local civic groups to participate in helping with the overall program. There being no further discussion, the Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes ® Motion passed. At this time, Mayor Kelly said with respect to the parking meters on July 4, 1968, these should be hooded and any monies received for parking, when asked by attendants, would be on a donation basis and givento the Dania Chamber of Commerce. Commissioner Marant moved that the City of Dania 8 forfeit the right to collect money due the parking meters on July 42 1968; that the meters be hooded, and authorized the Chamber of Commerce and/or its representatives to receive donations for parking on July 4, 1968. The motion was seconded by Commissioner Waiters. The Commissioners voted as follows: *' Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. '� At this time, City Manager Goldberg said that the city , in the past had received some comments from the residents of Dania that they could not get near the beach on July Fourth and he suggested to Mrs. Tubbs this might be something to be discussed at the Chamber of Commerce's organization meet- ing in the way of showing any preference to Dania residents. '® Licenses City Attorney Walden submitted the application of Lillian Lo Bue for transfer of a 2 COP License at 324 South Federal Highway, Dania, for approval by the City Commission. The restaurant formerly known as DiCaprio's is to be known as Mama Mia's . On motion of Commissioner Thornton, seconded by Commissioner Marant, the City Commission approved the transfer of the 2 COP license from Jacques and Michelle Jasmin to Lillian Lo Bue on the first reading. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. 5/1-0/68 -2- s } MINUTES OF MEETING OF CITY OF DANIA COMMISSION May 20 1968. Page -3- .. ,?_ ® Public Housing Authority City ttorney al en presented Mr. David Howell, President of Monmouth Realty Company, Miami to the Commission concerning a program to promote a Y , public housing authority project. Mr. Howell then introduced Mr. Paul fF ,' Stutzman of Stutzman & Canelli, city planners . Mr. Stutzman said the pro- posed program had been discussed at previous meetings with the city's com- mittee on public housing and he would like, at this time, to answer any " questions the Commissioners might have. He advised that the purpose of the housing authority, if one were established in Dania, would be to construct, ' manage and operate low rent housing for residents of the City of Dania . It g P g operates under a federal grant program, where, in effect, it costs the city nothing, he said. He further said the subsidy from the federal government ® pays for the construction and mortgage payments on the housing. The rents that must be collected pay for the operation and maintenance of the buildings. fie said that the rents that people are asked to pay, in fact must pay, are based upon their incomes. The program is designed for people of limited in- come. If their income exceeds a certain point; depending upon the size of their family, they are not eligible. The rents are structured to be somewhere between 20% and 25% of the incomes. The minimum rents, normally, are in the area of $31.00 to $32.00 per month. He said , that if a person has a family and an income of $200.00) 25% of their income would be $50.00 a month. If the income was $160.00 a month, 25% would be approximately $40.00. These, he said, are verylow incomes and the program is intended to provide housing for a person within his ability to pay when he otherwise could not find or 9 get any decent housing in the community. The rents are structured to the income of the tenants on the basis of the rents being charged in the community for standard and decent housing. Commissioner Waiters said he had occasion to refer to the Florida State Statutes, Chapter 421, in regard to a housing authorities law in connection with low rent housing for people who cannot afford decent housing. He said in view of the matter contained in that chapter, he wanted it understood he did not wish to have this program for low cost rental units only. He said he believed many of Dania's citizens wanted low-income homes. He said he would recommend to the Commission this proposal be turned over to the Human Relations Board and that they do research in the community and then come ® back to the Commission with facts and figures and, then, with this informa- tion, allow the Commission to decide what it wishes to do in regard to low income housing. He said he didn't think the answer to the problem was for low income rentals only. Commissioner Marant said he thought the program before the Commission was not necessarily the answer to the housing situation, however, he believed there were areas in the city that could use this type of ® low income rentals, which could be supplemental to any low income housing that might be built in certain areas of the city. He said the city had a problem of transient people in that they had to have housing, too. He said he believed these were the people who would be best benefitted by low income rentals . He said the city had to provide something for the people who do not own homes and that the program before the Commission was probably the A best solution, and that some definite recommendation or procedure should be set up with Messrs. Howell and Stutzman in order to get things under way. He said he understood Commissioner Waiters had an inkling there was a pos- sibility Congress was going to come up with soire sort of subsidized program for low income homes, and when that time came, he would be all for it. He said the situation was critical and that something had to be done about O housing at the west side of the city. Mayor Kelly said, that basically, he thought the program would be tied down to Dania residents; that this was something the city was trying to do for the people that live here and do not find adequate housing. He said, that one of the features of the program which appealed to him was, if this • program was set up with the Housing Authority and the city decided to build 100 units, this could be split into 60 units of a family type and 40 units constructed at another site consisting of retirement rentals for elderly people and that the separation of these groups would be beneficial to all. 5/20/68 -3- 1 MINUTES 01' MEETING OF CITY OF DANIA COMMISSION May 20 1968. Page -4- ® Public Housing Authority (Cont'd) hlr. awe said the aforementioned type of planning had been most successful in having the retirement people separated from the family area, and these locations were separated. He said, at the present time the program only permits rentals to be erected. He said Commissioner Waiters was correct in that Congress and the Senate has worked on the program and that eventually ® the program will cover home ownership, but at the present time, the proposed Program was the only thing the government had to offer to help low income families . Fie said, it does not mean, when the Commission approves the program, you can never have home ownership through this program. He said it will mean you will be eligible for it when the law becomes effective. Commissioner Waiters said, nonethe less, he first wished a survey to be conducted in the 0 area discussed. He said he wanted the matter referred to the Human Relations Board and that from this functioning board it could authorize two or three highschool students to conduct the survey-as to what is needed and what the needs of the people are. He reiterated he believed something had to be done in connection with home ownership for people with low incomes. 0 Commissioner Houston asked the City Attorney, if the program would require an Ordinance and was advised it would. Commissioner Houston then asked, if the program were along the lines of Urban Renewal and was told by Commissioner Waiters it was not. Commissioner Houston said there were 500 vacant lots available for construction on the west side of town. Commis- sioner Houston asked Mr. Howell if they would have to tear down existing ® structures in order to build and Mr. Howell said, that at this moment, he would have to say no. Mr. Howell said the program they were talking about eliminates the potential home owner; that this program takes care of the people who will not own a home, that the chances of them ever establishing a home with a ® clown payment and monthly payments is impossible. He said this program was to first get these people from the plight they are normally in and into a decent apartment and, possibly, give them the opportunity to eventually own a home. He said, that basically, the program was to care for the people that were unable, at this time, to own a home. He said they were doing nothing at this time for the individual who wanted to purchase a home. Commissioner Thornton asked if what was wanted this night was merely to set up a housing authority. Mr. Howell said yes, that it was necessary for the City of Dania to qualify for the monies allocated through Atlanta and the Public Housing Authority. He said the City of Dania must have a Housing Authority. He said the five (5) individuals comprising the Authority • did not have to be named at this meeting. At this time, Mr. Paul Stutzman said there were currently two programs being discussed in the 1968 Housing Bill before Congress . He said there were two different methods of trying to get equity (home ownership), into a house for low income people. He said the apartments to be constructed had ® a lot of one and two-bedroom units and, that a house, normally, is not built unless it has three bedrooms, but that the two programs in mind were the rent supplement and the low income housing program. That right now it looked .is though the rent supplement program would be the best source for houses, whereas the low income housing program would probably continue to be the best source for rentals . He said the Enabling Act states the setting out of a ® Housing Authority which requires a Resolution stating a necessity, that then the Mayor is notified of the adoption of the Resolution whereupon he nominates five adult residents of the City of Dania to be confirmed by the City Com- mission. He said one of the major functions of this Authority would be undertaking the type of study Commissioner Waiters had recommended; that they must undertake a complete study of the housing needs before they under- take any project, and this is required by the federal government. He said, actually, the creation of a Housing Authority was not the undertaking of any project. He said all the City Commission would be doing was setting up a Board that would be accountable to the Commission, and, must then undertake the necessary studies and, if they find the need by necessity for the project, they will recommend it to the Commission, which action is required by the federal government before the approval of any projects. 5/20/68 -4- MINUIBS OF MEETING OF CITY OF DANIA COMMISSION, May 20, 19G8. Page -5- ® Public Housing Authori.t (Cont'd) City ttorney al en s aid he would draft an Ordinance for the Com- missioners to look at and read in connection with the above proposal. It was noted here, that before anything could be done in connection with any site, it would have to be approved by the City Commission. Mr. Howell 5:h noted here, that before any major rule could be made, the developer ® would have to come before the Commission to get the site approved, the project approved (not the everyday business of the developer), and 1i cooperation agreements approved. Mayor Kelly said he understood this would also be approved by the Federal Housing Authority in Atlanta. He said he understood there were certain studies that would have to be t undertaken and that the developer would help prepare the paper work entailed to obtain this turn key project. Mr. Howell said Monmouth Realty had agreed to underwrite the costs of the housing authority program and `P1711a workable program for the city for the' opportunity to be one of the developers in the City of Dania's Housing Authority program. ire Commissioner Thornton asked in regard to the appointments to the Housing Authority, that Mr. Howell clarify what he meant "by whom" and "approved by whom." Mr. Howell stated, that under the Enabling Act, the appointments are made by the Mayor and then approved by the Commission. Commissioner Houston said they would go into their own Charter whereby the Mayor of the City of Dania is a Mayor-Commissioner, and that all mem- bers of the Commission participated in appointing committees. Mayor Kelly • said he would guarantee that Commissioner Houston would get the chance to name an appointee. He said, that despite the wording in the Enabling Act, he would not name all five people, and that, if this matter were adopted, this Board would be very important and that thought and study needed to go into the people comprising the Board because of the time and effort needed. He said, if the Board were weak, then the city could, possibly, • have a poor program. Commissioner Houston said he wished to again point out that he believed the City Charter superseded anything stated in the Enabling Act. The City Attorney clarified the matter saying, that in any conflict, the Charter would supersede. Mr. Marvin Span, 213 N. 8th Street Dania, was recognized by the Mayor p at this time and he stated he believed the matter should be presented to the people and to let them say what they wanted in the way of housing, Commissioner Houston said he had asked whether the matter was to be adopted by Resolution or by Ordinance. If by Ordinance, it would require three readings and everybody would have an opportunity to discuss the • program, Commissioner Waiters again asked that the program be referred to the Human Relations Board prior to an Ordinance being drawn. Mr. Sinclair, 119 S.E. 2nd Avenue, Dania, appeared before the Board and was recognized by Mayor Kelly. He said he wanted to know if some of the things that had occurred in the past in Dania would be applicable to the ® current situation: If the City Housing Authority is enacted and becomes law he said he believed this became a political entity, as was the Port Authority. fie said most authorities have the legal right to issue revenue bonds and wanted to know if this would be the case here. Mr. Stutzman said the only authority the Housing Authority would have to issue bonds would be those bonds that were backed by the full face and credit of the United States • Government, not the City. Mr. Sinclair asked, that this being the case, would the federal government back bonds without having had submitted to-- it a feasibility study and plan. Mr. Howell said that was exactly what he had just stated . Mr. Sinclair said, if this is required by the federal government and it approves a set of plans, which might encompass an area of ten acres , would the Authority, upon submitting those plans to the City A Commission, and having those plans approved, then have the power of condemna- tion. Mr. Stutzman said the answer was yes and no, that they were under two programs . He said the program they were talking about tonight was called the Turn Key Housing Program. This is where a private developer acquires the land; develops the buildings according to plans and specifications of the Housing Authority, He has no power of eminent domain. If the Housing • 5/20/68 r+ L 0 MINUTES OF MEETING OF CITY OP DANIA COMMISSION May 20 1968. Page -6- Q Public Mousing Authorit (Cont'd) Aut ority were to eve op in the conventional manner, which was the only way they had up until 1965, they would have the power of eminent domain after the site had been approved by the City Commission. He said there were actu- ally different approaches to acquiring the property for a project. p Mr. Sinclair further suggested that the City Commission delve further into this proposal concerning many unseen items including any sewer assess- ments to be included in developing the west side of Dania, as well as any other taxable items. Mr. Howell sa program has in it , if the sewers can feasibly be brought to the site, aYocated to the sewers. He said it was his understanding, at this point, there was no intention of requiring ® the city to run sewers over to any site. Mr. Sinclair said the matter of a sewage treatment plant should be looked into in this connection. Mr. Marvin Span again appeared before the Commission and stated Negroes were trying to get away from apartment living and they wanted home ownership. Mr. Howell said he and Commissioner Waiters had looked over the entire west ® side of the city and were unable to come up with any piece of land that would warrant development for single family houses. He said that lands costs came to $5,000.00 a lot. He further said, that with the limited area on the west side, the most feasible system, with government financing, would be apartments. Commissioner Marant said our whole society was based on wants and needs e and that people often want more than they can afford to have, and he said, in this case, he thought it should be studied on the merits of what the needs are and not what the wants were. Mr. Span told Commissioner Marant he might be surprised to find what some of the people can afford, if they were offered the opportunity to purchase it. e Personnel - Planning and Zoning - Public Housing Authorit Commissioner ouston recommen a to t e ommission t ey consider hiring a qualified person to draft the proposed Ordinance on the Public Housing Authority and that most especially, he would like to have Mr. Paul Stutzman, if Mr. Stutzman had the time to put into the job, as well as to help with city planning. He further suggested that Mr. Stutzman could work with City C Attorney Walden on this Ordinance. Mr. Stutzman said he was busy the current week, but would be glad to look over any draft made by the City Attorney and to make recommendations. Commissioner Houston informed Mr. Stutzman that the Commission was setting up special zoning for condominiums and co-ops. Mr. Stutzman asked the Commission if this latter matter had been discussed with Mr. Val Brennan. Commissioner Houston said he had discussed the zon- e ing with Mr. Brennan, and because it is strictly local zoning, the Area Planning Board would not be a part of the zoning plan. Mr. Stutzman said he did not know how much time he would have to put in working on the Ordinance and, therefore, could not determine a fee for his services at this time. City Attorney Walden suggested he and Mr. Stutzman arrange a meeting for �-J: dnesday, May 22, 1968, to discuss the proposed Ordinance on a Public e Housing Authority in order that the draft of said Ordinance could be presented at the June 3, 1968 meeting. Zoning City Attorney Walden submitted the recommendations of the Dania Planning and Zoning Board as of their meeting of May 14, 1968. It was noted that Items e 2, 6, and 7 of the Board's minutes involved the properties of Ellen V. Stoin- off, Marie Swanson and T. T. Parker, co-trustees of Nathan Miller, and David H. Zirillo where they requested a change in the zoning from R-3 to R-Apart- ment Zoning Classification (multiple dwellings) and said Board tabled the applications for rezoning until the new R-Apartment Zoning Ordinance was approved . Permits - Travelodge Motel City Attorney Wald en submitted the recommendation of the Dania Planning and Zoning Board with regard to the request of Mr. Morton of Travelodge, Nuith Federal Highway, Dania, for permission to construct a 40-seating capa- city restaurant, to be operated by Ennerst Food, Inc. , of the State of [Michigan, near the pool area on the Travelodge property. After discussion, Commissioner Houston moved that the plans and specifications for the restaur- ant be approved and that five additional parking spaces be provided at the rear of the motel. The motion was seconded by Commissioner Marant. The Commissioners voted as follows : 5/20/68 -6- ARAMz MIiTUTES OF MEETING OF CITY OF DA141A COMMISSION, May 20, -1968 . Page -7- _ n Permits - Travelodge Houston Yesi Marant Yes Thornton Yes Waiters Yes Motion passed. Commissioner Marant, at this time, suggested that Building Inspector Walker make an actual count of the constructed parking spaces now existing at Travelodge and report his findings to the Commission at the next meeting. Permits The City Attorney submitted for approval the Dania Planning and Zon- ing Board's recommendation that a permit be issued to Charles K. McElyea to construct a commercial building for a wholesale-retail auto parts business at 426 S.W. 2nd Place, Dania. There was much discussion at this time as to whether the 8' in the rear of the property was an easement or a dedication. Commissioner Thornton said, if there was an easement there, the property was all right, but if it was dedicated property, Mr. McElyea would have to move 8' forward. He also said, that on the west side near Phippen Road, Mr. McElyea would have to check and make sure what the require- ments were for the setbacks there for the future widening of Phippen Road, However, if it is determined he (Mr. McElyea) is not required to setback for the future widening of Phippen Road, he would be all right. Commissioner Thornton requested the Building Inspector to check into this situation and report back to the Commission. Commissioner Thornton moved that the plans and specifications for construction of a commercial building to be built by Charles K. McElyea be approved with the stipulation that the setbacks to the rear of the building and the setbacks on Phippen Road be clarified as to whether the setbacks shown on the plan are correct. Commissioner Waiters seconded the motion. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Licenses - Trailer Parks - Permits City Attorney Walden submitted the recommendation of the Planning and Zoning Board that said Board waive a public hearing on the request of Mr. Archie Weiner of Weiner's Trailer Park to enlarge his trailer park because of a City Ordinance restricting the enlargement of existing trailer parks, and that the City Commission hold a public hearing on this request, and subject to the City Attorney's recommendation as to whether or not the Planning and Zoning Board is permitted to waive a public hearing in this matter. The City Attorney recommended to the Commission that the Planning and Zoning Board hold a public hearing and grant a variance, if they so deemed. it proper, to permit Mr. Weiner to expand his trailer park. Commissioner Houston moved that the Planning and Zoning Board not be granted a waiver of hearing and that they hold a public hearing June 11, 1968, to determine whether a variance in the matter of Weiner's Trailer Park will be granted. The motion was seconded by Commissioner Marant. At this time Commissioner Houston suggested that Mr. Weiner leave his plans and specifications with the Dania Building Inspector in order for thc, Planning and Zoning Board be able to look them over before the public hearing. There being no further discussion, the Commissioners voted as follows : Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. 5/10/68 —7— MINUTES OF 14EETING OF CITY OF DANIA COMMISSION May 20 1968. Page _8_ ® Permits — 7-ty Attorney Walden submitted the recommendation of the Planning r = and Zoning Board that the Commission approve the plans and specifications Y>, of building additions to the property owned by Mr, and Mrs. Warren Picker- ing, 309 South Federal Highway, Dania, subject to the Dania Building rt, Inspector checking out all construction details, and that said plans be ® presented to the City Commission for approval at the meeting of May 20, 1968. Mr, and Mrs. Warren Pickering were not present to present their construction plans, and on motion of Commissioner Thornton, seconded by Commissioner Marant, the Commission moved that the request for approval of the Pickerings' plans be tabled until the meeting of June 3, 1968. ® Houston Yes Marant Yes Thornton Yes Waiters Yes Motion passed. Kelly Yes ® Zoning - Royal Palm Yacht Basin —amity Attorney Wa ens mitted the recommendation of the Planning and Zoning Board that said Board waive a public hearing on the matter of inter- pretation of the original variance given to Louis Marrone and his present request for permission to use a ramp to lift boats out of the water and ® place them inside his workship for repairs, and to place boats too large to fit in the workshop for repairs behind the building, limited to three at one time, and the right to sell beer and bait at the small building situated at the canal on this property, and that the City Commission hold a public hearing in this matter. City Attorney Walden recommended, that in order to satisfy Mr. Marrone and his neighbors, it should be clarified O as to what variances permit or do not permit. Mr. Marrone and his neighbors should come before the Planning and Zoning Board and have the matter reviewed completely at a public hearing June 11, 1968, and then their recommendations should be presented to the City Commission. He further said the Planning and Zoning Board should take into consideration two aspects of the matter: one, to review the existing variances which the city records shown have been granted; and, two, that they review further variances Mr. Marrone may be requesting. Commissioner Houston moved that a public hearing be held June 11, 1968, before the Planning and Zoning Board to review previous variances granted Mr. Louis Marrone in connection with the Royal Palm Yacht Basin and to consider newly requested variances by Mr, Louis Marrone. The motion was seconded by Commissioner Marant. The ® Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Motion passed. Kelly Yes Zoning _ New England Oyster House Addition City ttorney al en s mute a recommendation of the Planning and Zoning Board in regard to the request of the New England Oyster House for O permission to make new additions to their existing building, and that the request be tabled until the City Building Inspector can make the necessary inspection and measurements of this property, as well as examine the set- back requirements and other pertinent items in connection with their original permits. The City Attorney introduced Mr, Nelson, Consultant, who prepared the plans for the additions to the New England Oyster House. �y City Attorney Walden said the existing problem, as he understood it, was that the New England Oyster House tract had a business zoning for the front and an R-3 zoning in the middle and, that if one were to go back far enough south, it would be almost a residential classification, so, that if the city permits New England Oyster House to build the addition, then the zoning had to be straightened out. As an alternative, he said, the New England Oyster `,/20/68 -B- MINUTES OF MEETING 012 CITY OF DANIA COMMISSION, May 20, 1968 . Page -9- ;Boning - New England Oyster house (Cont'd) Ouse could build the proposed addition o the west along the highway in the area between the present restaurant building and the motel. Mr. Nelson, at this lime, showed the setback and zoning problems. Commissioner Houston wanted to know with the proposed addition how far back from the property line would the building run, and was advised by Mr. Nelson approximately 3501 . Commissioner Houston said this was 100' more than was allowed now. Mayor Kc11y asked Mr. Nelson if the property went back 660' and was advised it dial. Commissioner Houston said, that in order to get the building on the land, the Commission was going to have to go back another 100' for business ;:oni.ng, and City Attorney Walden agreed. Commissioner Houston said he wondered how much in back of that is zoned R-3, and, also, if the Commis- sion zoned this, should not the other be zoned. He said the current zon- ing was put into effect a number of years ago, that a buffer zone was needed for the business and residential areas. . .R-? zoning should be changed to P-3 zoning. Mr. Nelson said the first 250' was business zoned and that he was told that the next 200' or 250' would be multi-family zoning, and behind that would be zoned R-2. Mr. Nelson said 641.791 was the full depth of the prop- erty being discussed. He said there was an additional right-of-way for 24' in addition to what they already have on the New England side, and Commis- sioner Houston said the State had a 100' right-of-way there now. Mr. Nelson said the survey, which he had seen this date, showed an additional 24, that had come off the front. Commissioner Houston wanted to know how wide the R-2 zoning was . He said the tract should be changed to B-2. Commissioner Houston said he was against spot zoning or variances where it is possible to rezone. Ile said he thought, if the Commission rezoned the additional 100? for business, the city could go straight through to 3rd Avenue on the east. Commissioner Waiters said he wanted to see the whole tract uniform. Com- missioner Kelly asked, if at the south end of the tract of land, there was a dedication for a street. Commissioner Houston said, actually, there had to be one there, but that the City did not know what was going to happen there. The City Attorney suggested that the Planning and Zoning Board have a public hearing on June 11, 1968, and then there should be a public hearing before the City Commission on June 17, 1968, and that action with regard to the New England Oyster House building permit be delayed until that time. After much further discussion, Commissioner Houston moved that a public hearing be held before the Planning and Zoning Board on June 11, 1968, to change the zoning of the New England Oyster House property to a business zoning and subsequently, advertise for a public hearing on this matter before _ the City Commission on June 17, 1968. The motion was seconded by Commis- sioner Waiters. The Commission voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. City Manager's Report - Bonds - Deeds Accepted - Resolution Adopted l; Effective e City Manager suited or acacceptancea eso ution to re ieve Louis Marrone and the Fidelity and Deposit Company of Maryland of the sub- division bond put up April 25, 1967, in the amount of $12,230.00, and authorization of acceptance of an Easement dated April 3, 1968, concerning lands in "1st Addition to Royal Palm Vista." He said Mr. Marrone had previously had a partial release. Commissioner Houston inquired of Louis Marrone if he had given a dedication to the City of Dania for sewer lines and Mr. Marrone replied he had done so. Commissioner Houston wished to !,nor why the easement had not been recorded before this and City Manager Co:Ldberg advised that the aforementioned resolution required the passage of same before the Easement could be recorded. There being no further discussion, Commissioner Houston moved that the Resolution to relieve Louis Marrone and the Fidelity Deposit Company of Maryland of the subdivision bond in the amount of $12, 230.00 be accepted and authorized acceptance of an Easement dated April 3, 1968, concerning lands in 111st Addition to Royal Palm Vista." The motion was seconded by Commissioner Waiters. The Com- missioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes 5/20/68 Kelly -9- yes . dn'f�ji ,k x. '111T IPS OF MEETING OF CICY OF DANIA COMMISSION, May 20 1968. Page -10- C:i.ty Manager's Report - Deeds Accepted - Resolution Adopted & Effective e City Manager su mute or drawing and acceptance a Resolution accepting the Easement of Hilger-Ely dated May 3, 1968. On motion of Commissioner Houston, seconded by Commissioner Thornton and unanimously passed, the Commission authorized the City Attorney to draw up a Resolution to accept the Hilger-Ely Easement dated May 3,1968, and accepted said : Easement as of May 20, 1968. The Commissioners voted as follows: :; Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes City Manager's Report - Water Lines City ManaTger—Goldbe—rg--r—ep--o—rt—eU nothing further had developed in con- nection with the Stirling Road water line lawsuit: City Attorney Walden reported that this date the City had filed a Motion to Answer and its Pleadings, and that the city should have an answer May 21, 1968. ft:i a City Attorney s Report - Swale Ordinance t , ' On recommen ation of the Building Inspector, the City Attorney sub- mitted for consideration a proposed Ordinance concerning the paving of drainage swales within the public right-of-way and providing for standards `>s fir•.. and regulations in connection therewith. City Attorney Walden said the Ordinance copies, in effect, Broward County swale regulations. Building Inspector Walker, upon questioning by Commissioner Houston for the need of such an ordinance, said the city needed to have its interests protected � and to control plotting, etc. inasmuch as new building construction would ! be coming into the city. On recommendation of the City Attorney no further action was taken at this time, however, he suggested that the Ordinance be presented at the meeting of May 27, 1968, for first reading. Personnel - Acting City Clerk - Resolution Adopted & Effective e City Attorney roac ed t e matter o signing city checks by authorized signatories . After discussion, a motion was made by Commissioner Houston, that in every case of signing city checks, the City Clerk or Acting City Clerk and City Manager shall sign all checks except in the !' absence of either of them and then the Mayor-Commissioner shall sign city checks ,and a Resolution to be drawn, adopted 'and effective immediately. Com- missioner Thornton seconded the motion. Commissioners voted as follows: Houston Yes {; Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. City Attorney's Report - Consolidated City Charter lie City Attorney su mute or review copies of the newly consolidated City Charter. In this connection he stated there were thirteen (13) special E acts passed making up the legal description of the city over the last twenty (20) years . He suggested that an official city map be drawn and the legal descriptions consolidated into one big legal because of the possibility next spring of getting into Charter revision work. He further recommended the city employ a surveyor, possibly Mr. Henjum (Arthur C. Boggs & Associates, Hollywood) or, at least, obtain some price quotations in regard to making an official city map . U,-eds Accepted - Resolution Adopted and Effective - Bills Approved �IFe tlayor su mute or approva a recommen ation row m Broome & Farina, City Engineers , that Mrs. Edith Cochran be 5�eimbursed in the amount of $15000 ;:or the additional sewer line service that was necessary to construct because there was no service provided for the north parcel of her property (Assess- ment No.261) . On recommendation of the City Engineer and City Attorney, 'S/20/68 -10- R RIN� OP MEETING OF CITY OF DANIA C014MISSION May 20 _1KGB. �x Page -11.- r ' Deed Accepted - Resolution Adopted 6 Effective - Bills A Commissioner ornton move that a Approved (Cont}d) �w Easement from Mrs , eso ution e a opts accepting an of llama ran and that she beneimbursed7$150 S. E002fornd Asewer�lvenue ine1conto the City suUject to dedication of an Easement to the City 1 on seconded U Commissioner Marant, y of Dania. The motion was y The Commissioners voted as follows: Houston r Marant Yes rs - "` Thornton Yes )% Waiters Yes Kelly Yes ® Motion passed. Yes Mayor-Commissionerls Re ort ai tl te he ha*d Is and they spokeinsre and to aaconnectionhfrom his tswimminMr.rent new al apartments . gad i with Poo M. G, Bellows Mr. Bellows wishes to connect into the bank flush l at sdrain S which would consist of draining approximately to to 20 week. Mr. Carney said a back flush would be gallons of water a . acceptable, t,z �ak Recall Petition Mayor el y asked the City Attorney for a report on the Recall Petition. Mr. Walden, City Attorney, said, that at a recent meetinga Resolution was adopted, which, in effect, asked the recall i revised as to May Kelly and Commissioner Marant, of the Commission been entered against the entire Ping order be scheduled for last Tuesday , A restraining order had Proceedings . He said he went to the Hearing able to have a lengthy May 14, 196B, and being the only one there he was One of the questions heoJudge nhad ce wwas toith ewhatg extent lhe had any ng the erealdauthor- 6 ity to tell the city how to run its business. He said, that as an alterna- tive to the entire matter, which he strongly recommended, the corning the old Bank building be dropped, He said the former City Clerk saw fit to reject his advice and to grounds con- Petition. He said, that after the long discussionwithtthelJudge into one grand thought the Judge might be inclined to enter a Grand Order stopping' he ® lawsuit and estopping the recallot the that the confusion that now exists too complex, and that in their rtherenishreally no definite answer in the Charter, that the Judge might just throw out the whole thing. He said any group of citizens or any five commissioners can start up the matter again on the recall proceedings, opinion, the best interests He said,, in his of the City might be served, if the litiga_ r tion was ended thus ending the .recall proceedings and he would draft such an Order that would be satisfactory to the entire Commission and satisfactory to the Circuit Judge. He said that this might be the better answer than trying to revise the proceedings as to the two commissioners. He further stated he had no commitment or understanding with Judge Moore on any of the suggestions put to the Commission, but felt, if he had a carefully ® worded Order and it were accepted and signed could be dropped. He said the Order couldbebcirculatey the de' the matter Commissioners for their thoughts and comments before the final all draft of the Order. He said, if itwere still the wish Marant, they could try to revive the of Commissioners Kelly and se Of as to themselves, but that he foresaw difficulties. He said there was a legal problem involved. ® After much further discussion, Commissioner- Mayor Kelly said he would like the recall petition to run the full 30 days and get the matter over with Y and Commissioner Marant said he was for anything that would get the matter,finished . Again, Mr. Walden asked about the alternative of just ending it altogether. Mayor Kelly said this might be the easy way out, but he felt lie had been hurt personally in this recall matter, that he did not much » appreciate people coming into City Hall to sign a petition to throw him out of office. After much further discussion, Mr, Walden said he under- stood toityayorlxfory3wished the in regardto Mayor Kelly,filing for a new City Attorney Walden asked for a motion in regard to this, petition Y, and the Mayor concurred, 1i0u3ton said he would like to check into more law in this connection before a motion was made. Commissioner circulate an Order for ethe pCommissioners City nrevey iewdstating that en said he outhisrone and ground and that which was suggested of having all the charges lumped 5/20/68 -11- ;ri MJHUTES OF MEETING OF CITY OF DANIA COMMISSION May 20, 1968. Page -12 Recall Petition (Cont'd) together, two commissioners in one charged, and two in another, might be a reason for the Judge to use at this time to throw out the proceedings in their entirety. Personnel - Payrolls n recommen ation of the Chief of Police and on motion of Commissioner Thornton, seconded Marant the Commission authorized the City Manager to have the city payroll checks prepared on Thursdays and ready for distribu- tion to late shift city personnel, by department heads, on or about Thurs- day nights . The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters No Kelly Yes Motion passed. Adjournment On motion of Commissioner Houston, seconded by Commissioner Waiters and unanimously passed, the Commission meeting adjourned at 11:06 P. M. . Respectfully submitted, / PIT Co*hissioner1_10�___ x/1"!a ' 7ng CityClerk' i. 5/20/68 -12-