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HomeMy WebLinkAbout31102 - MINUTES - City Commission �r MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD OCTOBER 16, 1967. The City Commission of the City of Dania, Florida, met in ® Regular Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANT COMMISSIONERS JAMES G. ADAMS'' GUS S. BRICE ROBERT KELLY ® BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG CHIEF OF POLICE ANTHONY CARACCI BUILDING INSPECTOR HUBERT WALKER CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Marant, after which Invocation and Pledge of Allegiance were held. MINUTES OF MEETINGS held August 23, 28 and September 18, 1967, to be approved. A motion was made by Commissioner Adams that the minutes be approved as read. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: • Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® ORDINANCE: Request of Pirates Ports of Florida, Inc. , for change of zoning from AP-1 to C-1; the North 1501 of the South 200' of the East 150' of West 239.50T of the SW' of the SE% of the SWk of Section 2-51-42. (Third reading) • A motion was made by Commissioner Brice to approve the ordinance on third and final reading. The motion was seconded by Commis- sioner Adams, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ORDINANCE: Request of Pirates Ports of Florida, Inc. for change of zoning from C-1 to AP-l;rthe North 150' of the South 20V of the West 150t of the E' of the SE' of the M* of the SWk of Section 2-51-42. (Third Reading) A motion was made by Commissioner Brice to approve the ordinance on third and final reading. The motion was seconded by Commis- sioner Waiters, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes A -1- APPLICATION 2 COP LICENSE: Sally Amadeo, Junior Milano Restaurant, 1434 North Federal Highway. (Second Reading) Chief Caracci stated that the applicant checks out okay. A motion was made by Commissioner Kelly to accept the application on second and final reading. The motion was seconded by Commis- sioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes PUBLIC HEARING, 8:15 P.M. : Application of Edward L. Miller for a variance permit concerning Lot 12 Block 1, Dania Tropical Estates, to allow the construction of a fence 4' in height whereas the existing ordinance per- mits a maximum fence height of 3' . City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections. There were none. A motion was made by Commissioner Brice that the permit be granted. ® The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes PUBLIC HEARING, 8:20 P.M.: Application of John Carlucci for a variance permit to allow the operation of a car and truck rental business at 714 South Federal Highway. City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections. There were none. Commissioner Brice suggested that if this variance is granted, they O ought to put softie restriction on the number of cars. A motion was made by Commissioner Brice that the variance be granted with the restriction that he is not to exceed 10 vehicles, that no cars shall be stored that are more than 2 years old, vehicles to be 5 cars and 5 trucks, with trucks not to exceed 2 axles. 'e Robert Houston pointed outthat the zoning board recommended 9 ve- hicles, to include 5 cars and 4 trucks. Commissioner Brice: What's the difference? Five and five, the motion is made. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes �. Waiters Yes Marant Yes -2- �4 r r' MUM Imam RECOMMENDATIONS FROM PLANNING E ZONING BOARD meeting of October 10, 1967. (2) Jack Robinson: Request variance in set back require- ments to allow construction of a bedroom addition to present structure. Legal: Lot 18, Block 1, Paradise Manor Address: 106 S.W. Sth Court A motion was made by Mr. DeMuzzio to recommend• a Public Hearing for a variance be held before the Planning and Zoning Board on Wednesday, November 11 1967, at 7:45 P.M. The motion was seconded by Mr. Erwin, and carried unani- mously. A motion was made by Commissioner Adams to authorize the Public Hearing for November 1, 1967, at 7:45 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (3) P.I.T. Corporation, requests permission to erect a sign at Travelodge. Legal: N 200 feet of NW'k of SFk, Section 27-50-42. Address: 1634 N. Federal Highway. A motion was made by Mr. Erwin to grant permission to erect this sign. The Motion was seconded by Mr. DeMuzzio, and carried unanimously. A motion was made by Commissioner Adams to accept the recommenda- tion from the Planning E Zoning Board. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (4) Withdrawn (5) Public Hearing, 8:00 P.M.: Maria Diaz requests permission to operate a day nursery on R-1 zoning. Legal: Lot 33, Block 11, College Tract, 2nd Add. Address: 750 S.W. 3rd Place. No objections. A motion was made by Mr. DeMuzzio that this be granted as presented. The motion was seconded by Mr. Erwin, and car- ried unanimously. A motion was made by Commissioner Adams to authorize a Public Hear- ing before the City Commission for November 6, 1967, at 8:15 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes -3- r: (6) Public Hearing, 7:45 P.M. : M. Sterling Collins, requests a variance in set back requirements. Legal: Lot 10 b 11, Block 2, Westmoorland Address: Tigertail Road between loth Court and llth Avenue. A motion was made by Mr. Erwin that the variance be granted as presented for a 2 foot variance on Lot 10 and a 3 foot variance on Lot 11, with the stipulation that his plans be only for single-family residences . The motion was seconded by Mr. DeMuzzio, and carried unanimously. A motion was made by Commissioner Waiters to hold a public hearing before the City Commission for November 6, 1967, at 8:20 P.M. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes A (7) Thunderbird Motel, represented by Frank E. Miller and James DeCoursey, requests a sign permit. Legal: Lots 7 thru 18, Woodhaven Amended. Address: 202 W. Dixie Highway. ® A motion was made by Mr.DeMuzzio that this sign be approved as presented. The motion was seconded by Mr. Erwin, and carried unanimously. A motion was made by Commissioner Adams to accept the recommenda- tion of the Planning & Zoning Board. The motion was seconded by i Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (8) Louis Marrone: Requests permission to build a pool 15 feet from seawall, and set back front yard 15 feet. Legal: Lot 13, 1st Addition of Royal Palm Vista Address: N.E. 5th Court. Mr. Loury recommended that this be approved if the setback is in accord with the building code. Mr. Loury stated that he would like to have the commission understand that the condition is the circular drive that is going in front of the house. The building is 50 feet back from the center of the road, and 15 feet from the edge of the right oP way. A motion was made by Mr. Erwin that this request be granted, provided it complies with the building code. The motion was seconded by Mr. DeMuzzio:;. and carried unanimously. O A motion was made by Commissioner Brice to accept the Zoning Board recommendation. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes -4- %y 803 (9) Walter Rappaport, requests approval to erect a 40 X 60 'storage or exhibition building of CBS construction. Legal: Lot 2, less the W 241 , Block 12, Town of Dania. Address: 68 N. Federal Highway. Mr. Schaefer pointed out that if Mr. Rappaport puts this building in the back, he will have absolutely no parking except on Federal Highway; but they must require off- street parking. Mr. Rappaport asked if he could then add a second floor to the now existing building. Mr. •Loury stated that he could see no reason why he couldn't if the present build- ing is sufficient to stand the weight of a second floor. Mr. Rappaport replied that he would look into this possibility. No action. (10) Mr. Schaefer stated that, due to elections next month, he would like permission to hold their next meeting on November 1, instead of the 14th, so that the present Commissioners could act on their recommendations. A motion was made by Mr. Erwin to request permission to hold the Zoning Board meeting on November 1, instead of November 14, 1967. The motion was seconded by Mr. DeMuzzio, and car- ried unanimously. (End of Zoning Board minutes) No action. PUBLIC HEARING, 8:30 P.M.: Application of Howard Frost for a variance permit concerning St of Lots 1 and 2, and Lot 19, Block 1, and Lot 2, Block 2, Dania Golf View, to allow the construction of duplex apartments units. Mayor Marant called for objections. Those obejcting were: ( 1) DONALD NORMAN, Attorney, representing Dorothy & Edward McCongle, owners of Lot 4 thru 109 Block 1, Dania Golf View. Mr. Norman stated that there are now only single family resi- dences on this block. They also objected to a variance in lieu of rezoning. Commissioner Kelly: Would your client go along with R-2 zoning? Mr. Norman: She would probably object to that also, just on the grounds that she has an R-1 use in that block and to keep that use. But she strenuously objects to doing it by virtue of a variance. Attorney Robert Dubow was present representing Howard Frost, and advised that the majority of the property is Mr. Frostts, and Mrs. McCongle owns two lots tkhicY_facb;the golf course. Commissioner Waiters asked how many lots Mr. Frost owns. Mr. Dubow: In the two blocks that we are seeking the variance for, he owns approximately a dozen. City Attorney Walden read one objection from I. T. Parker. City Attorney Walden asked Attorney Dubow why they request a variance. Attorney Dubow replied that they originally requested .a. change of zoning; however the Zoning Board indicated that they would not be in favor of a change of zoning and suggested that he ask for a variance. City Attorney Walden suggested that the Commission itself hold a hearing on the rezoning of this property. -5- Attorney Dubow: That's acceptable to us. At this time we would move to reinstate our application as was originally submitted (for rezoning) . A motion was made by Commissioner Kelly that the Commission hold a public hearing for rezoning on November 6, 1967, at 8:30 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes PUBLIC HEARING, 8:45 P.M. Application-of Louis Marrone for a variance permit to allow the construction of an additional building at 601 N.E. 3rd Street. City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections. (1) Mrs. John Kennedy, 609 N.E. 2nd Street, asked if the Commis- sioners read the minutes and heard the tapes of previous meet- ings concerning this. Mayor Marant: Mr. Walden, regardless of whether they were put on there or weren't put on there, does this preclude the gentleman from ® asking for this? City Attorney Walden: No. Mrs. Kennedy, he does have a right to ask for it, and the Commission does have a right to consider it. _ They are not bound by any previous committments. In other words, it is proper for the Commission to consider the application, whether ;r they want to grant it or not. Mr. Marrone was present and presented his plan. Building Inspector Walker was asked if he approves of this plan. Mr. Walker stated that there is nothing wrong with the plan, but no approval has been given to the building. Commissioner Kelly: Do you see any objections to it? Building Inq) ector Walker: Itts not my problem. It is for you to approve or disapprove. The plan itself is alright, but it is up to the Commission to decide whether it is to be built. Commissioner Adams: Mr. Marrone, does this pretty well give you what you want in the line of buildings over there? I mean every- time it comes up. . . . . Mr. Marrone: Yes, this is about everything on that property. I will be coming up with other properties; but for this property, that's all I need. A motion was made by Commissioner Waiters that this be approved and passed. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice No _ Kelly Yes Waiters Yes Marant Yes BILLS FOR THE MONTH OF SEPTEMBER to be approved for payment. A list of the bills for the month of September are attached to and made a part of these minutes. 10- 16 . 6q -6- A motion was made by Commissioner Waiters that the bills for September be paid. The motion was seconded by Commissioner Adams , and the roll being called, the Commissioners voted as follows : Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes CITY ATTORNEY'S REPORT (1) City Attorney Walden stated that the Commission informally asked him to write an opinion on the validity of the Primary Election. Mr. Walden read this opinion, a copy of which is attached to and made a part of these minutes. A letter from Mr. McDaniels was then read. Mr. Walden then asked if Mr. McDaniels was in the audience. He was not as he had just left. Mayor Marant stated that the Commission had authorized him, Mrs . Thornhill, and the City Manager plus any candidate who wished to make the trip to Ft. Lauderdale to the County Ware- house where the voting machines are kept to check the machines . The vote totals were correct as reported and certified. The only apparent mistake was in the spelling of Mr. McDaniel's name. He felt the Commission should offer Mr. McDaniels an apology as there was no legal injustice but a moral injustice. Commissioner Kelly felt the matter should be left up to Mr. 0 McDaniels. Concerning application for a beverage license transfer, a motion was made to approve the transfer from John Logan, Dania Bar located at 1435 South Federal Highway, on first reading by Commissioner Waiters , and seconded by Commissioner Kelly. Voting as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes Motion passed. Mr. Goldberg had submitted to the Commission a ten page report to support the following City Manager's recommendation that the Commission direct and authorize Mr. Walden to review the infor- mation submitted in regards to the Sewer System Operation by the Superintendent of the Sewer System, Mr. Carney, dating back from the period July 6, 1967. He further requested that the Commission authorize Mr. Walden to discuss this matter again with Mr. Carney and take proper legal steps with the contractors , the construction company, the bonding company, Peerless Insurance Company, (Miss, Boyd) , and/or the engineers , Phipott, Ross , and Saarinen, Inc. This is becoming a rather serious matter as of this time because of breakdowns in the system, and I request the Council authorize the City Attorney to take whatever legal steps he thinks are necessary. -7- ,y, 4.n..r�b1.ti"r::'urr�4—RLCYxR.. 1 � He recommended that the Commission authorize the City Attorney to review Chapter 10 of the Sanitary Code with regards to the Communications which has been forwarded from the Broward County Health Department in regards to the status of the dump which they claim has been a nuisance for many years in the past. The point is , in view of that Chapter, he felt it would be appro- priate for the Director of Public Works , himself , and the City ® Attorney, to determine whether a new site should be used . .t Commissioner Brice spoke of being over to Palm Vista Acres to speak to Mr. Marrone about the sewers and would like to suggest that Mr. Walden and Mr. Marrone get together and have the Agree- ment drawn up in accordance with the plan the Commission had ® formerly discussed. Commissioner Adams made a motion that he would not be in'favor of renewing the City Manager's contract which expires in Novem- ber; this was seconded by Commissioner Waiters. Questions by Commissioner Kelly. ® Voting as follows: Adams Yes Brice No Kelly No ® Waiters Yes Marant No Motion failed. Mr . Goldberg thanked the Commission for their vote of confidence. ® He also read a letter of resignation from Anthony J. Caracci. Commissioner Kelly made a motion that this request be denied, seconded by Commissioner Brice . Motion was withdrawn. Mr. Goldberg then read his own letter of resignation. Mr. Petro- zella had formerly submitted his resignation also. Commissioner Brice asked that these men continue serving until the next Com- mission is elected and that they change the date of their resig- nation to read November 6. Commissioner Kelly felt the Commis- sion should give these men a vote of thanks and present them with a plaque in appreciation of their flood service. This was made in the form of a motion by Commissioner Kelly and was se- conded by Commissioner Brice. Voting as follows: Adams Yes Brice Yes Kelly Yes p Waiters No Marant Yes Motion passed. Commissioner Brice requested that there be Resolutions drawn ,s up for the next meeting for the recommendation of these three men, made in the form of a motion , seconded by Commissioner Waiters. Voting as follows : ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes 4L Motion passed. Mayor Kelly declared the meeting adjourned. RoFert Kelly, Mayor ,1 y er The nht// f 0- i6- b'►