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HomeMy WebLinkAbout31105 - MINUTES - City Commission c I•IINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD OCTOBER 2, 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 ADAMS GUS BRICE ROBERT KELLY ® BOISY WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG BUILDING INSPECTOR HUBERT WALKER CHIEF OF POLICE ANTHONY CARACCI (Absent) CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Marant, after which Pledge of Allegiance and Invocation were held. MINUTES OF MEETINGS held August 14 and 21, 1967, to be approved. A motion was made by Commissioner Waiters that the minutes be annrn%'7PH as read. 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 ® ORDINANCE: Change of zoning from R-lAA zoning classifi- cation to R-3 zoning classification, of the West 1811 of Blocks 1, 2, 3 and 4, and all of blocks 5, 6, 7 and 8, of Harbor Lawns No. 1. (Second Reading) O A motion was made by Commissioner Kelly to table this, due to the fact that we have a Condominium Ordinance under advisory. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes 6 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 150'' of the South 2001 of the East 1501 of West 239.50t of the S-W-k of the SEk of the SW14 of Section 2-51-42. (Second Reading) • City Attorney Walden read the ordinance entitled: AN ORDINANCE changing the zoning classification of the North 1501 of the South 2001* of the East 1501 of the West 239.501 of the SWk of the SE'y of.the A* of Section 2, Township 51 South, Range 42 East, from AP?1 zoning A classification to C-1 zoning classification; and repeal- ing all ordinances or parts of ordinances in conflict herewith; and providing that this ordinance shall be in force and effect immediately upon its passage and adoption. ' -1- t A motion was made by Commissioner Brice to pass the ordinance on second reading. The motion was seconded by Commissioner Adams, a_ and the roll being called, the Commissioners voted as follows: U Adams Yes Brice Yes r Kelly Yes Waiters Yes Marant Yes ORDINANCE: Request of Pirates Ports of Florida, Inc. for change of zoning from C-1 to AP-1, the North 150' of the South 200' of the West 150' of the E' of the SE'k of the SWk of the SWk of Section 2-51-42. (Second Reading) City Attorney Walden read the ordinance entitled: AN ORDINANCE changing the zoning classification of the North 150' of the South 200t of the East 150' of the West 150' of the E' of the SEA of the SWk of the SW� of Section 2, Township 51 South, Range 42 East, from C-1 zoning clas- sification to AP-1 zoning classification; and repealing ® all ordinances or parts of ordinances in conflict herewith; and providing that this ordinance shall be in force and effect immediately upon its passage and adoption. A motion was made by Commissioner Kelly to pass the ordinance on second reading. 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 TRANSFER of 4 COP License from Anthony Barcellona and Alexamder Curcio, Jr. to Alexander Curcio, Jr. , The Beacon, 1120 South Federal Highway. (Second Reading) City Clerk Thornhill advised that the transfer has been approved by the Police Department. Commissioner Kelly asked Building Inspector Walker if the remodel- ing there is being done according to code. 0 Building Inspector Walker replied that part of it is, but he has not yet been asked to make a final inspection. Mayor Marant asked Fire Chief Lassiter if the improvements meet with his approval. Chief Lassiter: With the improvements that he anticipates, yes sir. Mayor Marant: They haven't been completed though? Chief Lassiter: Not to my knowledge. ® A motion was made by Commissioner Kelly that the transfer be granted. 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 -2- • k «•-cliff_^..... �- .. YyJ j r .s APPLICATION for 2 COP License, Sally Amadeo, Junior Milano r;C+ Restaurant, 1434 North Federal Highway. (First Reading) r` A motion was made by Commissioner Brice that the application be approved on first reading. The motion was seconded by Commissioner +. Adams, and the roll being called, the Commissioners voted as follows: k Adams,, Yes Brice Yes ,i- ® Kelly Yes Waiters Yes Marant Yeso'; rrri NEW APPLICATION for Night Club (or After Hours) Licenses: Alexander A. Curcio, Jr. µ , Beacon Inn, 1120 South Federal Highway 1 Frank E. Miller, Joets Cocktail Bar, 16 West Dixie Highway. ® Commissioner Brice stated that the Beacon Inn has indicated that they were going to make some extensive remodeling, but they haven't done it. He questioned the advisability, because of some of the violations in the building, to go ahead with this license. City Attorney Walden stated that he thought they had the right to ® table it for any reasonable length of time. Commissioner Brice asked Building Inspector Walker how far Mr. Curcio has gotten with this remodeling. Building Inspector Walker replied that he has to rewire the place, l� which has not been done yet. He also had some violations as far as signs are concerned that have not been taken care of. Commissioner Brice stated that he was mainly concerned about the wiring there. • A motion was made by Commissioner Brice to table the Beacon Inn until they get approval from the Fire Chief and the Building Inspector. City Attorney Walden advised that it doesntt take a motion to table. A motion was made by Commissioner Kelly. to approve the Night Club O license for Frank E. Miller, Joets Cocktail Bar. 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 RENEWAL of 2 COP License, Tina's Ship & Shore, 2357 North Federal Highway. O A motion was made by Commissioner Kelly that the application be approved. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Or Brice Yes Kelly Yes Waiters Yes Marant Yes -3- s CITY ATTORNEYTS REPORT: (1) City Attorney Walden stated that he was asked to prepare a reso- lution concerning the appointment of the members to the Civil Ser- vice Board. He read the resolution entitled: A RESOLUTION concerning the appointment of members to the Civil Service Board of the City of Dania, Florida; and repealing all resolutions or parts of resolutions in conflict herewith; and providing that this resolu- tion shall become effective as of the date of its pas- sage and adoption. which included the name of Gene Kessinger to be the name of the Board member to be selected by the City Commission) and naming James Marino, Jean Moore and Richard Eglinas as three employees to be considered and voted upon to select one of the three to be named as a member of the Board; and naming Wayne Poutinen, Kreig Hines, Robert Brady, and an alternate Pete Manners, from which names the employees will vote and select one to be the third member of the Board. A motion was made by Commissioner Kelly to adopt this resolution. 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 CITY MANAGER'S REPORT: ® (1) BILLS: City Manager Goldberg presented a list of bills from Broome 6 Farina, City Engineers, which is a compilation of all his bills dating back to January 1st, which have not been paid. He stated that the City Commission returned these bills back to Mr. Farina to be broken down into the separate funds out of which they are to be paid. The total amount of the bills is $5,200.00. A motion was made by Commissioner Brice that the bills be paid from the accounts as designated on the bills and agreed upon by the City Clerk. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners votedoas follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (2) FLEET TRANSPORT: City Manager Goldberg presented a letter from Fleet Transport advising that they have a proposed agreement from the City covering the instal- lation of a water line along Stirling Road to Bryan Road, which has been forwarded to their main office. However, they presented an alter- nate proposal as follows: To pay the City $1,000.00 plus the usual meter deposit and fees to provide a 3 inch water tap at the South- westerly property corner. "If ah, agreement can be reached along this line without the City and Fleet getting into a rebate agreement, the City would then be able to make any future taps on this line it de- sires without any rebate to Fleet." City Manager Goldberg suggested that this letter be considered, subject to a 6 foot easement being provided by the company along Bryan Road. -4- Commissioner Brice suggested that they refer this to the City Attor- ney and the City Manager,"with the understanding that we secure the a:a 6 foot easement, or the 3 foot easement, whichever is needed, on .y Bryan Road for future development in case we want to run that line on down that road. And I don't think we could pass it unless we ' get it. d5[ Commissioner Kelly: Can't we make this in a motion with these sti- pulations? .�Fw . A motion was made by Commissioner Brice to accept Fleetts offer of e. $1,000 .00 to cross Stirling Road, providing that we receive an ease- ua ment on Bryan Road. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: T`;c Adams Yes `l`° Brice Yes Kelly Yes . Waiters Yes r bti'vM1i Marant Yes City Manager Goldberg: On this question, is it your intention then that if he does provide us with the easement that we can proceed 7r nr, with the construction of this water line? You are all shaking your heads yes . l '° Mayor Marant: It will have to be put out for bid. Commissioner Brice: No, we have a bid. He is to make a contract with All Construction for a water line 6 inches. City Attorney Walden advised that the Commission ought to allow time to go over the contract, and they ought not to go ahead until the contract is signed. Commissioner Brice: If we don't get the easement, we are not going to go with them. City Manager Goldberg: If they come up with the thousand dollars and an easement, do we need any contracts from them? City Attorney Walden: No. City Manager Goldberg: I am just thinking that it might be a lot faster to just get the easement and the thousand dollars than to bother with an agreement. City Attorney Walden: Whatever we get, I don't think we are going to get overnight, thatts what I am saying. Commissioner Kelly: But I think we have held him up long enough, now it is up to him. City Manager Goldberg: Shall I tell him we will hold a special meeting as soon as he gets it? Commissioner Brice: Any time. (3) ELEVATED WATER TANK: City Manager Goldberg presented a letter from John Farina, City Engineer, advising that the work has been done, completed in a workmanlike manner, and according to specifications; and recom- mending that all monies that have been retained by the City be paid to the contractor, John Moyer, after the contractor has fur- nished the city with suitable releases of liens from his suppliers and subcontractors. A motion was made by Commissioner Brice that the monies be paid as soon as all the releases are checked over by the City Engineer. -5- i BMW ® 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) Petition, regarding drainage on US#1 and 4th Street. City Manager Goldberg presented the petition from the residents on S .E. 4th Street. Drainage is coming up in a bubble-up basin on 4th Street, which is used to drain US#1. A copy of this petition has been sent to the State Road Department. He suggested that perhaps the city commission would like to send a resolution to the State Road Department requesting some action on this matter. Commissioner Brice: Gentlemen, Itm not in favor of a resolution. I 'm in favor of the City Manager going to the County Commission and the Road Department with this. I feel that if the proper approach is made to the State Road Department, and with them I feel that the County Commissioners would help us, that some arrangement can be made to work out to where that water wontt be dumped there, and all of the water that runs off Federal Highway won't be dumped on that property. I think this is something that can be handled personally, not as a resolution. City Manager Goldberg asked if this was the wish of the entire com- mission. • It was agreed. (5) SHELLY'S, Federal Highway and 3rd Terrace. City Manager Goldberg: The Building Inspector has requested the City Attorney, in regards to this property, to advise the proper procedure to be taken immediately. Proper action must be taken, and any legal kind necessary so that this property can either be demolished or otherwise renovated to prevent it from being a health hazard and any other hazard. I don't know if this requires any Commission action at this time. • City Attorney Walden stated that the Stuckey's property is owned by two men in Miami, and there are evidently two mortgages on the property. "Both of these mortgages have clauses to the effect that if the improvements are torn down then the mortgage holders have the right to accelerate the mortgages by demanding full payment. The owners of the property have been a little reluctant to tear the building down, and they are very reluctant for fear that they would then be faced with the prospect of paying off-., two mortgages. They have felt that if the City were to in some way initiate the action it would take the burden off them, then might alleviate the situation. I have written the two mortgage holders, and have gotten no response one way or another as to what their attitude is. I think if you will authorize perhaps a resolution demanding that the build- ing be torn down in 15 days, maybe that will help the owners. They neverrhave refused to tear it down, they just hate to pay those two mortgages off." Commissioner Brice: Actually, are we so much concerned about tear- ing down the building? The main thing I think we are concerned about is getting that fence down so that we can get those weeds that are right there by the school yard. And then that the owner of the building secure that building so that it isntt open. City Attorney Walden: Well, what's wrong with just going in there and cutting the weeds down? Commissioner Brice: Because we can't get in there with our equipment on account of the fence. -6- n0 Commissioner Kelly: I think the property owner is responsible for cleaning it. I feel we ought to pass a resolution tonight to either tear the building down or board it up where the kids and people can't get in it, and stipulate that it be cleaned up. This is a real menace this close to the school. I know the attorney has been work- ing on this, but I feel that if the Commission will give him a little additional authority we can get some action. A motion was made by Commissioner Kelly to pass the resolution. The motion was seconded by Commissioner Brice. ® City Manager Goldberg: This would be a motion to either tear it down or secure it and clean it up? Commissioner Kelly: That's right. And the back part should be cleaned up whether it is torn down or not. ® The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (6) MARRONE PROPERTY: City Manager Goldberg presented a report from Philpott, Ross & Saarinen, regarding the Marrone property and the method of charging sewer assessment and sewer charges. Mr. Goldberg read the letter ® from Philpott, Ross & Saarinen, suggesting that the City charge Mr. Marrone either the assessment fee or the cost of construction of the sewers to serve his land, whichever is higher. They suggestedrr how- ever,that the city should be responsible for the planning, designing and construction of any extensions to its present system. The City Engineer should preferably do the planning, designing and inspect the construction. Commissioner Brice: Gentlemen, I think most of you will recall that we went on record on the basis that for new developers who were not on the assessment roll at the time.-that this assessment roll was planned, that they would put in the sewer system to serve their pro- perty, and dedicate it to the city, and pay a tie-in charge of equal to approximately $6.00 per foot. Now, the thing that I am so vitally concerned about in this particular piede of property here, is that we must go on some basis and establish some plan that we are going to stick to because as other developers come up here, are we going to kick this thing back and forth each time and treat every fellow a different way. Now at the time that Mr. Marrone was talking about the replatting of his property, he put up a bond for his utilities, and at that time he was told that this would be the plan. He was to put in the sewers, dedicate it to the city, and pay the assessment which at that time had not been established. Commissioner Adams stated that he agreed that the man ought to put in his own sewers and dedicate them to the City; but he thought we ought to charge some small tie-in charge, not the regular assessment. He stated that if the man hooks into the system the city will be collecting the monthly service charge, which would offset any other charges . Commissioner Kelly stated that this particular piece of property is important, "Because we are going to set a precedent on it. And we certainly are looking forward to other developments of this type in that area. I agree, we want to make this fair and equal. And we don't want to hamper or make it impossible to have a.development. But I feel that we have the rest of the citizens to look after and to see that any future developers should pay their fair share." CO''anlssioner Brice stated that whatever they do with this particular r)iece of property, that is what they are going to be bound to do with others. '� -7- Commissioner Brice further stated that he felt this should be worked out by more than just the Utility Committee, it should be worked out by the entire commission, and the City Attorney and City Engineer. Mayor Marant asked Commissioner Brice to decide when they will have e, this meeting and send out a notice.t6 -that effect. COMMISSDDNER WAITERS: (1) Commissioner Waiters presented a letter from Congressman J. Herbert ® Burke requesting a listing of all federal projects for which appli- cation for federal funds has been made by the City of Dania. No action. MAYOR MARANT:• (1) Fire Prevention Week: ® Mayor Marant presented a letter from the Fire Department in regards to Fire Prevention Week, requesting a proclamation observing Fire Prevention Week, October 8th thru the 14th. (2) New Fire Truck: ® Mayor Marant stated that at the budget hearing the Commission told Chief Lassiter that they could not afford to pay cash this year for a new fire truck; however, they suggested that he work out some spedifications for a fire engine, and they would look into the Pos- sibility of purchasing one over a three-year period. Mayor Marant then presented the specifications to the Commission for their dis- cussion. He suggested that this be turned bver. to the City Manager and Fire Chief to then make a recommendation to the Commission. Commissioner Brice stated that he did not think it proper for this commission to put this out for bid, since this commission may be changing, and it was not proper for a new commission to have to ® accept this. He suggested that this be deferred for the time being. Mayor Marant asked Fire Chief Lassiter if he could give the Commis- sion some approximate figure on what this would cost. Chief Lassiter stated that he could. Mayor Marant then turned this back to Chief Lassiter. • No action. (3) Florida League of Municipalities Convention: Mayor Marant informed the Commission that the Florida League of Municipalities was holding their Convention at the Diplomat Hotel, on October 22 to 24th, 1967. He turned this over to City Clerk Thornhill, and asked that anyone who wishes to attend should let her know so that she can make reservations. Commissioner Brice stated that it is necessary that they appoint one member of the Commission to act as Official Delegate, "Because y there is only one vote allowed for each city, and that will be the voting member." Commissioner Waiters stated that he was planning on attending all of the sessions; therefore, it was agreed that Commissioner Waiters would be the delegate. JACK CLARK: Jack Clark from the audience, asked on the Item #2 on the agenda, change of zoning from R-]AA to R-3, what action was taken. He was told that it was tabled. He asked if this can come up again with- out notification of the people who might be interested. Mayor Marant: No. It won't. Jack Clark: I say can it? -B- a y i Y f + s F' Mayor Marant: A lot of things can happen, but you can be assured that it wontt. Jack Clark: If the change of zoning is made by the Zoning Board, will this request then be disapproved? r Mayor Marant: It will have to be readvertised. In other words, if they want to institute the Condominium ordinance rather than this R-3 change, they would have to throw out the application to change it to R-3 in lieu of putting in the Condominium ordinance. Then C you will be notified again. CITY CLERK THORNHILL: ryCity Clerk Thornhill presented a letter addressed to Mayor and ' c= City Commissioners from Marshall LaBree Unit #304, American Legion " Auxiliary, advising of the Open House to be held for Mrs. A. J. Ryan, Sr• , on October 15, 1967, from 3:00 to 5:00 at the American Legion f Ha11, and inviting all friends of Mrs. Ryan to attend• a= f� Sbj ,e There being no further business, the meeting adjourned. y W , Ma 11 y hornhill City Clerk-Auditor Richard Marant Mayor-Commissioner ;Y -9-