Loading...
HomeMy WebLinkAbout31143 - MINUTES - City Commission 77-Y Y. . y� %1 It u rl MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JANUARY 16, 1967. 1 A° ® The City Commission of the City of Dania, Florida, met in f Regular Session in the Commission Room atr the City Hail. x. �M R1CHARD MARANT Present were: MAYOR-COMMISSIONER A• r_. COMMISSIONERS � JAMES G. ADAMS GUS S. BRICE ROBERT KELLY CITY ATTORNEY BOISY N. WAITERS CITY MANAGER CLARKE WALDEN CHIEF OF POLICE STANLEY GOLDBERG ANTHONY CARACCI BUILDING INSPECTOR 0 CITY CLERK ARMAND WELLS 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 December 19, 1966 and January 3, 0 1967. A motion was made by Commissioner Adams to approve the minutes as read. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: O Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes 0 DON DAHLGREN, Application for permit to conduct a sight- seeing tour of the City and the surrounding area. Mr. Dahlgren was present and presented his proposal. He stated that he would like to give these tours to better acquaint the people with Dania. He stated that the people would be picked O up at the various hotels or motels where they may be staying in Dania, taken on the narrated tour, and then dropped off where they were picked up. He stated that the people would be ade- quately insured and they will be driven around by qualified drivers . 0 Mayor Mara,nt stated that Mr. Dahlgren has taken the time to dis- cuss this with the Chamber of Commerce, and he thought that Mr. Maffie approved of this idea. Mr. Dahlgren stated that if the City requires a license fee, he • would be willing to pay it. Commissioner Brice stated that Mr. Dahlgren has said that he is adequately insured; he suggested that, before granting the license, it should be checked with the City Attorney to be sure that the insurance is adequate. 0 A motion was made by Commissioner Brice that the license be gr for the tour, after the City Attorney checker on the insuranceanted 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 -1- nP .I S �s p Mr. Dahlgren asked if this will require a resolution or some formal ' s??( action. ® City Attorney Walden replied that it would not. r .�r. w�+^, APPLICATION FOR TRANSFER OF 4 COP LICENSE from Harbor Lights of Fort Lauderdale, Inc. , to the Pirates Inn, ± Inc . , Katherine Hotel. (Second Reading) Sc t i Chief Caracci stated that he checked out the applicants and has ; given his approval. ye A motion was made by Commissioner Adams to approve the applica- tion on second reading. The motion was seconded by Commissioner " r-r Waiters, and the roil being called, the Commissioners voted as follows: ='Nw' Adams Yes „ Brice Yes Kelly Yes , 6 Waiters Yes * Marant Yes PUBLIC HEARING: Application for replat of Blocks 2, 3, ' 8: 15 P.M. 4, 5 and 6, Hollywood Manors, which replat includes vacation of streets ® and alleys as shown on the replat. City Attorney Walden advised that this is Mr. George Arcaro's company, and the application has been withdrawn. PUBLIC HEARING: For objections to the adoption of an ` ® 8: 30 P.M. ordinance granting a new zoning divi- sion to be known as 11AP-1 AMUSEMENT PARK DISTRICT." City Attorney Walden read the Notice of Hearing, and an ordinance entitled: AN ORDINANCE amending Article IV, Chapter 28, Code of Ordinances , City of Dania, Florida, to create a new division known as "AP-1. Amusement Park District"; and further amending Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, concerning said "AP-1. Amusement Park District" by adding sections governing or specifying purpose of district, uses permitted, uses prohibited, plot size limitations, height limitations, set back and parking; and pro- viding that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict; and providing that the ordinance shall become effective as of its passage and adop- tion, on third reading. City Attorney Walden then read the portion of the minutes of the Zoning Board Meeting, pertaining : to the Public Hearing on the ® above ordinance, held on January 10, 1967, as follows: PUBLIC HEARING: 8: 30 P.M.: For the purpose of consider- ing the feasibility and desirability of the adoption of an ordinance granting a new zoning division to be known as "A.P.-I., Amusement Park District." • Mr. Loury explained that this is the Pirates Port, which has been already zoned, but in order to lift an injunction which has been filed against the City of Dania, it is asked -2- • 4 S�Lr that a new ordinance be written. a Mr. DeMuzzio read a letter from Ellis, Spencer 6 Butler, • as follows: "Gentlemen: �f (m t§ We are advised that a hearing is set for tonight, TM .' January 10, 1967, before the Planning and Zoning Board, p proposed ordinance, and a later hearing before upon a ; • the City Commission on January 16, 1967, with reference 4 to the same ordinance, wherein the City proposed to amend Chapter 28 of the Code of Ordinances of the City of Dania ;n by adding a division to Article IV of Said Chapter entitled "U "Division B: AP-1. .' Amusement Park District" . If this proposed ordinance is intended to apply to -; • any of the lands in that certain cause entitled "Hollywood, -: Inc. , Plaintiff, vs. City of Dania, et al" , Chancery No. C66-1288, we respectfully protest the approval of any such ordinance and creation of any such new amusement park dis- trict for the grounds set forth in the said law suit, andour various written protests heretofore filed with each v• of your bodies as to the reasonableness, definiteness, un- lawful delegation of powers to the Zoning Board and to the City Commission, and for the reason that same is too vague and indevinite to advise any property owner as to the uses to which the lands in the proposed district would be placed. We ask that this letter of protest be made a part of • the minutes of each of your meetings above mentioned. Respectfully, /s/ Sherwood Spencer. " Bill Brooks objected on the grounds that this ordinance was only being proposed to cover up a suit against the City. He also questioned the fact that this was coming to the Zoning • Board instead of going to the City Commission. Mr. Loury stated that the City Attorney asked the Zoning Board to take action on it first. A motion was made by Mr. Sessa that the ordinance be denied. • The motion died for lack of a second. A motion was made by Mr. Byrd that the ordinance be passed. The motion was seconded by Mr. Erwin, and the roll call vote was as follows: O Byrd - Yes Erwin - Yes DeMuzzio - Yes Sessa - No Schaefer - Yes Motion passed. (End of excerpt of Zoning Board minutes) • City Attorney Walden stated that there is no injunction now against either the City or Pirates Port. Ile then explained the origination of the initial ordinance creating the Amusement Park District. He stated that the basic difference between that ordinance and the one now before them is that in the earlier ordinance a provision was made ® for a site development plan, which was designed to be a detailed plan showing where the buildings were located, fire protection, height of buildings, etc. He stated that during the various Public hearings, Hollywood, Inc. , an adjacent land-owner, objected at every hearing on many grounds; and after the adoption of the zoning, Hollywood, Inc. did file a suit in the Circuit Court against both the City and Pirates • Port. He explained that one of the points of the suit that was filed was that Hollywood Inc. questioned the legality of the ordinance on the that the site development plan did not set forth any definite -3- ■ i standards that an applicant could foresee in advance. In other words , with that type of ordinance, the governing body could change the standards in each case. And if the contention of Hollywood, Inc. , _• ® is correct, then the ordinance is subject to some question. He further i' stated that a month or so ago the Attorney for Pirates Ports presented an ordinance to him which removes the site development plan provision. The only restriction would be the set back requirements, and restricting the maximum height of the buildings. He advised that if the Commis- sion adopts this ordinance they still have to go through further steps ® in having Pirates Ports request the rezoning of their lands into this A-P-1 Classification. This ordinance tonight simply,creates the clas- sification, and anyone in town owning 25 acres of land can be put into w this classification. Mayor Marant called for objections . The only objection was the letter ® from Ellis, Spencer & Butler, which is included in the excerpt from the Zoning Board meeting of January 10. A motion was made by Commissioner Brice to adopt the ordinance on first reading. The motion was seconded by Commissioner Adams, a ' m Mayor Marant asked what were the limitations on the 25 acres. What could they put in there under this ordinance. ,+c City Attorney Walden replied most anything of a recreational nature, such as amusement parks, golf courses, golf driving ranges, swimming Pools, museums, stadiums, amphitheaters, exhibition arena, boat dock- ing facilities, circuses, carnivals, etc. Mayor Marant asked if someone asked for this zoning would we have to give it to them. City Attorney Walden stated that they would have to apply to be put ® in the A-P-1 Amusement District. If they saw fit to do that, the ordinance has no restrictions. The applicant, of course, would have to comply to the building code as far as the structural is concerned. If this zoning were to represent the highest and best use of the land, they would have to zone it that. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes A Marant No RECOMMENDATIONS FROM THE JANUARY 10 meeting of the Planning and Zoning Board. (1) Mayor Marant was present and requested that the Zoning ® Board have a representative, appointed by the members of the board, attend the meetings of the City Commis- sion regular meetings. Mr. Schaefer stated that the Board would give it consideration. ® No action. ( 2) UNFINISHED BUSINESS: Mr. Loury stated that he has been looking into Urban Renewal and he recommended that this be turned over to the Charter Revision Board to see if they could get the congressional action necessary to adopt Urban Renewal. -4- A motion was made by Mr. Erwin to table this and have a meet- ing with the Charter Revision Board. The motion was seconded '' by Mr. lleMuzzio, and passed unanimously. ' No action. (3) PUBLIC HEARING, 7:45 P.M. : Michael DePadro requests change of zoning from B-2 to M-1 Industrial to permit boat building. Legal: N 673' of W 425' of E 3/4 of SS� of NW'k less canal, Sec. 35-50-42. Address: 801 N. E. 3rd Street. A motion was made by Mr. Erwin'that this be passed as presented. The motion was seconded by Mr. lleMuzzio, and passed unanimously. '= A motion was made by Commissioner Kelly to advertise for a Public Hearing to be held February 6, 1967, at 9:00 P.M. The motion was • seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: F Adams Yes Brice Yes Kelly Yes ® Waiters Yes Marant Yes (4) OLD BUSINESS CONTINUED: BAPTIST CHURCH Legal: Lot 1, Block 2, West Moorland Subdivision ® Address: Corner of loth Court and Second Street. A motion was made by Mr. DeMuzzio to recommend that this be granted if Mr. Wells will draw up some plans for the type of building that would be suitable. • The motion died for lack of a second. A motion was made by Mr . Byrd that this be approved upon the presentation of a plan, brought by the Building Inspec- tor; also, that the building shall be presentable to that neighborhood. The motion was seconded by Mr. Erwin, and • passed unanimously. No action. (5) PUBLIC HEARING: 8:15 P.M. Lois Ann Card, Card's Residence for Girls, request variance to operate • a business in R-1 zoning. Legal: Lots 1 & 2, Block 4, Shelter Islands, 3rd Addition. Address: 1331 to 1333 N. W. loth Street. City Attorney Walden stated that the Zoning Board minutes show that • the application was withdrawn, and it is on the agenda for the Com- mission meeting tonight, "So there is no point in reading the dis- cussion on it" . (6) PUBLIC HEARING, 8:30 P.M. : Fertilon, Inc . , request re- zoning from R-3 to B-3 or such zoning classification to ;' • permit construction of a compost plant. Legal: Part of the W 3/4 of the N' of the SW' of the NW'k of Sec. 34-50-42. Address: South of Griffin Road between N. W. 12th Avenue and N. W. 9th Avenue, directly South of Florida Power & Light Company. • City Attorney Walden advised that this request was also withdrawn. !'o action. -5- • s: (7) PUBLIC HEARING, 8:30 P.M. : For the purpose of con- sidering the feasibility and desirability of the adoption of an ordinance granting a new zoning division to be known as 11A.P.-1, Amusement Park ® District." City Attorri�y Wa).,l; advised that this has already been considered earlier in this meerLng. No action. (8) JACK BESNER, 214 S. E. 3rd Terrace, requests approval ® of parking plans. Legal: Lot 20, Block 30, 'Town of Dania. Address: N. W. 7th Avenue at 1st Street. A motion was made by Mr. Sessa that the plans be approved as presented. The motion was seconded by Mr. DeMuzzio, and ® passed unanimously. Building Inspector was asked to get the plans so that the Commission could look them over before taking action. (9) JAMES BRYANT, 136 N. W. 5th Avenue, representing ® American Legion Hall , Post #209, requests approval of plans. Legal: W 100 ' of Lots 13 E 14, Saratoga Subdivision Address: 43 N. W. 8th Avenue A motion was made by Mr. DeMuzzio that the plans be passed p as presented . The motion was seconded by Mr. Byrd, and passed unanimously. No action. (10) MARTIN STEYER, 2738 Funston Street, Hollywood, re- quests 1 foot variance from rear set back requirement. Legal: Lots 14 thru 20, Block 8, College Tract, 2nd Addition. Address: 430-440 Phippen Road. A motion was made by Mr. DeMuzzio that a public hearing be ® held by the Planning & Zoning Board on February 14, 1967, at 7:30 P.M. The motion was seconded by Mr. Sessa, and passed unanimously. A motion was made by Commisssioner Kelly to authorize the Planning and Zoning Board to hold a Public Hearing:on February 14, 1967, at ® 7: 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 A Waiters Yes Marant Yes (11) E. B. FREEMAN, Vice President and General Manager of Laudania , Inc. , requests variance permit which would permit placing of a directional sign. Legal: W' of NE4 of NWk Sec. 35=50-42, less the S 2601 of the N 295' Address: 750 N. E. 7th Avenue, Dania. City Attorney Walden advised that this application was withdrawn. No action. (12) TP.AFFIC TRIP LIGHT: ,'? motion was made by Mr. DeMuzzio to recommend to the City Commission that a trip light be installed at the intersection • -6- x i•. ` YJ of Taylor Road and Federal Highway. The motion was seconded by Mr. Sessa, and carried unanimously. A motion was made by Commissioner Brice directing the City Manager 0 to request that the State Road Department make a traffic study of the intersection of Taylor Road and Federal Highway, to see if a traffic trip light would be feasible. The motion was seconded by t Commissioner Kelly, and the roll being called, the Commissioners r voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes r Marant Yes 4 0 At this time Building Inspector Wells returned with the plans for Jack Besner's request, so item No. 8 of the Zoning Board minutes, x was continued. Commissioner Brice stated that the Commission ought to be studying an ordinance designating how much parking is going to be required ` ® for multiple unit dwellings. A motion was made by Commissioner Kelly to approve the parking plans. 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 ® Building Inspector Wells presented the plans of the American Legion Hall parking, (Item No. 9, Zoning Board minutes) . He advised that there is not ample parking at present, but they will temporarily utiliza the parking area across the street at West Side Park. A motion was made by Commissioner Brice to accept the recommendation • of the Zoning Board and approve the plans. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes 6 Kelly Yes Waiters Yes Marant Yes (13) MOUNT ZION METHODIST CHURCH, request approval of parking plans. ® Legal: Lots 16 & 17, Block 4, Town of Dania. Address: 217 N. W. 5th: Avenue. The Board asked that this be placed on the agenda for the next meeting so that they might have time to study this. 0 No action. (14) MR. SPORNRAFT, 6920 N. W. 22nd Court, Hollywood, request change of zoning from B-2 to M-1 Legal: Lots 7, 8 & 9, Block 3, Victory Heights Address: Property adjoins railroad between S. W. W 2nd Terrace and S. W. 2nd Place The Board asked that this be put on the agenda for February 14 , 1967, to give them time to study the request. Ho action. -7- Ash Mayor Marant stated that last Tuesday night at the Zoning Board meeting there was quite a stir about Mrs. Card's request for a variance. Being that the request was tabled by the Attorney re- presenting Mrs . Card, they cannot actually discuss or bring it up; but he (Marant) asked Mrs. Thornhill to place it on the Agenda. He stated that interested citizens want to know why Mrs. Card does not have a license, and also why she is allowed to operate a business in a residential zoning. He stated that Attorney Paoli is here to- night representing the citizens. City Attorney Walden stated that Mayor Marant asked him to write a general legal opinion on the situation. He stated that he has written a letter, which he would read, but first he wanted to say that he has not in any particular varified the accuracy of any fact. Based solely on what he has been told, he has written a letter to them. "The facts will have to be proven by some type of affidavit". He then read the letter, which is attached to and made a part of these minutes. Mr. Walden then added that if it is a non-conforming use, and the applicant can prove tha by sworn affidavits that she had this type ® of operation in effect before any change of zoning, and if she has continued with the operation continuously, then he felt that the City would have to grant her an occupational license. If she cannot establish it (the non-conforming use) then the business ought to be closed, and neither she nor the opponents,I Lund err the charter, are entitled to any type of hearing. Attorney Charles Paoli was present representing some 50 residents of Shelter Islands subdivision. He stated that the purpose of their being here was to assert,on behalf of these citizens,some of the facts that they wish the City government to be appraised of. Some of the facts that he pointed out were that this business is being operated 0 as some sort cf an institution for housing and care of retarded and wayward children. These girls range in ages from 8 years old to 33 years of age. Although the City is not bound by subdivision re- strictions, there are such restrictions recorded on the public re- cords of Browaryd County, Florida. These restrictions were recorded December 1, 1961, and are a matter of public record. He presented 0 a copy of these restrictions. He further advised that it appears that the business is operating without a City license, at least as far as these two homes are con- cerned, without authority to operate a business in these two homes. The residents state that as many as 13 inhabitants live in these dwellings at one time. The residents also state that the constant • crying, screaming, sounds of hysteria, to the surrounding area is most upsetting. He stated that the purpose of appearing here to- night was to give these residents an opportunity to present their objections to the City Commission. It is requested that the Commis- sion investigate this as quickly as possible and take whatever steps would be necessary to alleviate this problem and to give to the re- i sidents the relief that they are requesting. City Attorney Walden advised that the real issue before the Commis- sion is whether or not this business was established back when the lands had a business classification. If the business was established then, and has been operated continuously without any abandonment, then, O as a matter of law, the woman is entitled to continue. However, the burden is on her to prove this. If anybody disputes any of the state- ments in hor sworn affidavit, they should have every opportunity to present a counter affidavit. He further advised that just looking over the deed restrictions hurriedly, it seems that perhaps the neighbors have an excellent civil suit in the .dircuit court for an ; C! injunction, or restraining order, enforcing these restrictions. But th^ City Commission or the City of Dania does not have any right at - ' '. to try to enforce deed restrictions inserted on the title of pro- port-Les by private owners . All the City can do is enforce the zoning O -8- ;n ordinances of the City. So the only issue before the City is whether .' or not there is an existing non-conforming use. He suggested that >r since both sides are represented by attorneys, it would seem that the City Manager should ask the applicant to present whatever state- ments she can in writing within a certain period of time. He would r? further suggest that copies of this affidavit be furnished to Mr. k` Paoli , representing the neighbors, and that he then be given 10 days is to present any opposing affidavit where he disputes any of the in- formation that is in her affidavit. Then, the City Manager ought to make a finding one way or the other, as to whether the use existed before the zoning was changed. Mayor Marant asked Attorney Paoli if this would be agreeable. Attorney Paoli stated that they are at the mercy of the Commission. �'i. He agreed that there is not much more that the City can do. "This ® may be a way for the Commission,or through'-its agent, to determine whether or not a non-conforming use does exist. It may be a way, and we are willing in any regards to progress with this matter in s;= order to get a final resolution." ' Attorney Walden asked City Manager Goldberg to contact Mr. Ryan, who will be representing Mrs. Card, and ask him to submit those affidavits in support of her position,within 10 days. BILLS FOR THE MONTH OF DECEMBER, 1966 to be approved. A list of the bills for the month of December, 1966, is attached to f ® and made a part of these minutes. �F A motion was made by Commissioner Adams to approve the bills for the month of December. 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 • CITY MANAGER'S REPORT: City Manager Goldberg reported, in regards to the drainage project on Dixie Highway, at the outlet of this draining of Second Avenue and Seventh Street, the original plans called for a 24 inch pipe; but on the excavatidn of the area, they found various utility lines that the engineers say prohibit the installation of that pipe. They therefore recommend 2-18 inch pipes in lieu of that, at the same price. No action. In regards to the S.W. 8th Avenue proposed paving, at the last Commis- sion meeting, they approved the continuation of the Public Hearing and also asked for the advettisement of bids. He checked with the engineers and they feel that the cost of doing the surveying and all would cost approximately $450. He felt that they ought to first hold the public hearing before going through the expense of actually drawing plans be- fore they are certain of the public feeling. The estimated cost was x' based on previous costs, which they felt would be around $3,000. The engineer now feels that the cost would be cloe- to $5,500. Commissioner Brice stated that since the last Commission meeting, he has made a survey of this street, and suggests that the people who are F. involved, and also to the Commission, that consideration be given to a small stretch of paving on what would be First Street. Because this i jtreet, if paved, would end up on the South end of it-would end up into i rock road for approximately a half block. Therefore, there will still -9- e be that much mud oY sand that the people would still have to go through. City Manager Goldberg requested that the Commission correct the ® motion that was made at the last meeting, to eliminate the necessity of advertising for bids until after the public hearing. He stated that the motion reads to continue the public hearing and to put it out for bid. He suggested that they might strike the part of putting it out for bid until after the public hearing. ® A motion was made by Commissioner Brice that that portion of the motion that was made at a prior meeting, pertaining to advertising for this particular paving, be delayed until after .a public hearing. The motion was seconded by Commissioner Kelly. City Attorney Walden advised that they uhould adopt a new resolution ® of necessity declaring the necessity for improving and surfacing S. W. 8th Avenue, from Dania Beach Boulevard to S. W. lst Street, plus the unpaved area of S. W. 1st Street. City Manager Goldberg stated that the estimated cost would be $6,500. ® City Attorney Walden stated that he would advertise it for February 6. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes • Kelly Yes Waiters Yes Marant Yes City Manager Goldberg presented proposed annexation maps and descrip- tions. He presented the legal descriptions to the annexation committee, N the City Attorney and City Clerk. Mayor Marant suggested that they hold off on the publication of these maps until they can get together with Mr. Farina and get the proposals of what they will offer the people when they annex them, so that there is not a lapsed period between the time that they print the proposed i areas of annexation and get the proposals out to the people. He stated that Mr. Farina is working on the list and expects to be done by tomorrow, or early Wednesday morning. Commissioner Brice asked the members of the press who were present if they would be willing, if they were given a copy of this map tonight, 0 if they would also state in their article that a list of the advantages that the City had to offer these people would be forthcoming. He stated that they would like to have the maps out so that the people could see what areas are to be proposed for annexation, but at'-the same time, the City would like the opportunity to tell the people what Dania has to offer. s City Attorney Walden questioned if, on the area near Port Laudania, the map showed how many different property owners they would have to deal with. City Manager Goldberg replied approximately 10. City Attorney Walden stated that when Tolly Vinik requested water ' service to his nursery, it was thought that he was outside of the City; and the city was reluctant to furnish this service because they felt this would induce him (Vinik) to come into the City. Now -it is found that most of his property is already in the City, and his attorney asked that he (Walden) discuss this with the Commission to-' night whether they would now be willing to furnish water service to this 150 feet that he owns that is not in the City, if he (Vinik) ;could agree, without any equivocations, to have that 150 feet annexed w the City. In other words, would the Commission now agree to sell �:r. Vinik water service at a 25% premium to this 150 feet if he will corniitt himself to agree that that area would be annexed. -10- h iti. 1.LIL tf.77 :=lu Y .X, Commissioner Brice stated that he thought they should furnish water to Mr. Vinik, also he felt that the City has a moral obligation to refund the 25% overcharge that by error they have been charging Mr. Vinik. He stated that as a public service to the citizens, when they .„ ® (the City) make'a mistake they should rectify it. 7, motion was made by Commissioner Brice to refund the overcharge to • ; Mr. Vinik, same to be established by the City Clerk. The motion was seconded by Commissioner Kelly, and the roll being called, the Com- :i4:•L. %2y missioners voted as follows: Ste; ,Tgg' Adams Yes sE Brice Yes ,t :) Kelly Yes Waiters Yes Marant Yes cw: y;y A motion was made by Commissioner Brice that the City sell (furnish) ' a water service to Mr. Vinik on the unincorporated area at the depth of 1S0 feet, on the condition that he signs a written committment agree- ing irrevocably to be annexed to the City. 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 City Manager Goldberg presented a letter from Philpott, Ross & Saarinen in regards to the diesel electric generators, and requesting partial payment on the contracts submitted by Hugh F. Palmer, in the amount of $19,357.20. Mr. Philpott advised that the invoice has been checked • for the amount of work completed, and finds everything in order. The contract is 98% complete. Commissioner Brice asked if the generators have been started. He stated that it was his understanding that when they buy a piece of equipment like that, it was subject to a test before approval of payment. He sug- gested that the City Manager hold this in abeyance and check with the Engineer for a running test before any approval is given for payment. City Manager Goldberg advised that the front end loader and back hoe equipment was demonstrated as requested by the Commission; and he then recommended that the bill be paid. Growers Equipment Company, $1,250.00 for front end loader, and $3,214.00 for back hoe. A motion was made by Commissioner Waiters that the bill be paid. 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 r City Attorney Walden read a letter from Attorney Robert Dubow regard- ing the property of George Arcaro (Blocks 2, 3, 4, 5, and 6, Hollywood Manors) , and requesting that this application be postponed until April 17 , 1967, at which time they request a public hearing. A motion was made by Commissioner Brice to hold a public hearing on '• April 17, 1967, at 8: 15 P.M. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: -11- i Adams Yes Brice Yes Kelly Yes Waiters Yes 0 Marant Yes CITY ATTORNEY'S REPORT: City Attorney Walden reported that at the last meeting Commissioner Brice discussed an ordinance concerning the out-of-town taxicab ® companies . He then read the ordinance entitled: AN ORDINANCE amending Chapter 26, Code of Ordinances, City of Dania, Florida, by adding a section to be known as Section 26-15 concerning out of town taxi cabs operating within the limits of the City of Dania, 0 Florida; 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. in which was set an annual license fee of $25.00, plus $5.00 for ® each taxi cab operating within the City limits. A motion was made by Commissioner Brice that the ordinance be passed on first reading. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: i Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes i City Attorney Walden reported that he was asked by Mayor Marant to draft an ordinance which would give the City the clear-cut right to remove the abandoned automobiles in the City which are located on the public streets. He also asked the Attorney to draft an ordin- ance giving the City the right to move abandoned cars on private property, which the City Attorney is working on. • City Attorney Walden reported that Commissioner Waiters requested him to draft a resolution creating the Civil Service Advisory Board, and another creating the Human Relations Board. Mayor Marant requested the Commissioner Waiters withdraw his request • for the creation of a Civil Service Board at this time. He stated that the Commissioners had a meeting Friday with the Department Heads to find out whether they had the right quality of employees and the right quantity of employees in each department. He asked that this resolution request be withdrawn for at least two months until they give this plan a chance to go into effect. He stated that he is for Civil Service, but he would like to be definitely assured that they have the proper administrative in the right spot and also the proper employees in the right spot before adopting Civil Service. Commissioner Waiters withdrew his request for the resolution for the Civil Service Advisory Board. City Attorney Walden then read the resolution creating the Human Relations Advisory Board. He stated that he does not as yet have the names of the people to be appointed to this board. Commissioner Brice stated that, inasmuch as this is not on the agenda, ge and he has no prior information on it, he would like to see it tabled until the next meeting. -12- • t.. i Frank Hill, 211 S . E . Park Street asked when M. B. Construction r a Company is going to move the abandoned trucks on S. E. 2nd Avenue `= and Park Street . T . Mayor Marant stated that Mr. Carney and Mr. Farina are going over there tomorrow and tell the man to move the trucks. =^ It was asked when the sewers will be ready. City Manager Goldberg =f stated that he had a meeting today with Mr. Henann, Mr. Philpott, ® and the engineers for Davis and Craven. They say that the system is almost ready for acceptance. The matter was referred to the City Attorney for an opinion as to whether the underground work could be accepted without the surface work being accepted. "= !,rx Mayor Marant reported that the system is operative, it is 98% com- plete, but they are now waiting for the legal opinion. Ow Commissioner Brice reported that in their pre-meeting conference Mr. Freeman of Laudania came before the Commission and presented a case in regards to his license fee. Commissioner Brice asked FF r that a change of ordinance be adopted whereby they set the licensing Lee for Commercial Seaports at $100.00 up to 75 thousand tons, and ® $1.00 per thousand tons over the 75 thousand. A motion was made by Commissioner Brice that a change of ordinance be adopted and passed on first reading, setting the license fee for Commerical Seaports at $100.00 up to 75 thousand tons, and $1.00 per thousand tons over 75 thousand. The motion was seconded by Commissioner Waiters , and the:roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Waiters Yes Kelly Yes Marant Yes Commissioner Brice reported that the Charter Revision Board has worked out what they think to be the meanful revisions for the Charter. He advised that they will hold a Public meeting on January 23, 1967, at 8:00 P.M. at which time they will present to the public their recom- mendations. Commissioner Adams asked City Attorney Walden how soon they could accept the underground work of the sewer system. Mr. Walden replied that he thought they could accept it at once if they could enter into some agreement with the Contractor or its bonding Company, if the Bonding Company has formally taken over, agreeing that they would not be prejudiced in any claim that they may have .with the paving that the contractor has to finish. If the Contractor declines to sign such an agreement, then the Commission would be taking their chances on whether • he would finish the surface work. He stated that he would get together with the Attorney for the bonding company, and see what agreement they can come up with. City Attorney Walden reported that the next thing is to have a meeting to see if they can come to some agreement as to how much they should hold back for the penalty, what is due the bonding company, what (if anything) is due the Bank of Hollywood. They may perhaps end up in a lawsuit on these things if they cannot agree: : Commissioner Brice stated that it was mentioned that there are some things that needed to be revised in the ordinances, such as the pen- alty for non-payment of sewer charges, who was to be billed, etc. He suggested that these things be taken up as soon as possible, and if necessary have a conference with the Commission so that they can have them ready. -13- db 0 The things that needed to be worh_,,.� out were penalty for non-payment, whether the owner or the tenant will be billed, and the hook-up charges for those coming into the sewer system after it has been ® accepted . City Clerk Thornhill presented a request from the Disabled American Veterans for the Commission to grant them permission to sell Forget- me-nots, on the loth and llth at the Dania Bank. ® F motion was made by Commissioner Kelly to grant the Disabled American Veterans permission to sell Forget-me-nots on February 10 & 11, at the Dania Bank. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes 0 Brice Yes Kelly Yes Waiters Yes Marant Yes Commissioner Kelly asked if the written complaints made by the Citizens ® on the Sewer System have been taken care of. City Manager Goldberg stated that these are now being called to the attention of the engineers, and they are going out to check these. Commissioner Kelly asked if the citizens will have an opportuntiy to re-complain if their request has gotten lost before they accept this. 0 City Manager Goldberg replied that he would suggest that before they accept the final project that it ought to be known that they have re- ceived reports from the Engineers that they have taken care of all those justifiable complaints, and if there are any other justifiable complaints they ought to contact us. O Commissioner Waiters presented a copy of the Agenda and Minutes of a meeting of the Hollywood City Commission to each of the members of the Commission. He stated that our Agendas do not have enough : per- tinent information, in his opinion, and he would like to have the one presented used as a guide. He stated that he would like to ® have more information, so that he would know what he is talking about. Commissioner Kelly stated that he feels that Commissioner Waiters has violated his own proposal here, because he went to his mail box today and picked out a memorandum from him (Waiters) telling him (Kelly) to 9 vote on something for tonight. He stated that Commissioner Waiters proposes something like this and then says that he is going to pre- sent something that is not on the agenda. He stated that they should not copy Hollywood . Commissioner Waiters stated that he is in error because he thought the ® meeting was tomorrow night, not tonight. Commissioner Brice stated "But even so, you said that you wanted an agenda a week ahead." City Clerk Thornhill asked if Commissioner Waiters is receiving his 6 agenda a week ahead of time as he requested. He stated that he is receiving it on time, but what he is asking is that she include more information on the agenda. City Clerk Thornhill asked what else she could include as information. Commissioner Waiters stated that he is trying to get a synopsis of everything on the agenda. Commissioner Brice disagreed with Commissioner Waiters for the reason that every ordinance that is to be brought up here, they receive not a -ynopsis of it, but the complete ordinance. Also they receive a -14- complete copy of the minutes of the Zoning Board. He thought they did not need a synopsis of it when they receive the complete thing. A. Building Inspector Wells reported that, in regards to the bill- board sign on North Federal Highway, the man did not take out a permit to repaint it. Mr. Wells put a stop-order on it when the man asked for electrical service to the sign board. The man said that he did not know that he needed a permit to paint the sign, and said he would get the necessary permit. This is how it occurred. ® City Attorney Walden stated that the Building Inspector talked to him about this and he (Walden) advised that it be reported to the Commis- sion as to how it occurred, so that there will not be any suspicion that something was slipped by without being brought to their attention. T ' 0 There being no further business, the meeting adjourned. a �7 €h "= d a Mary ornhill CityClerk-Auditor 3 Richard Marant i Mayor-Commissioner • �� -15- Y's't T q, DISBURSEMENTS r; DECEMBER - 1966 i GENERAL FUND A Burrell Bros. Oil Co. , Inc. $ 181.05 Standard Sanitary Supplies 83.25 Clarke Walden-Trust Account 3,755.77 William Carney 50.00 A Bill Semmel 14.75 Southern Bell Tel & Tel Co. 64.79 Southern Bell Tel & Tel Co. 424.17 Florida Power & Light Co. 2,649.54 Tropical Fence 46.00 Orkin Exterminating Co. , Inc. 11.00 A Lippoth Plumbing, Inc. 14.00 National Linen Service 3.10 LaCroix Electric 225.77 DePadro Yacht Basin, Inc . 11.72 Peoples Gas System 52.33 The Dania Bark 90.00 A The Dania Bank 1,510.00 Dania Chamber of Commerce 625.00 Florida Dust Control Service, Inc. 2.55 Anglers' Sport Shop 27.85 Richard Dickerson 8.01 Coastal Office Equipment 2.56 A Smith Office Supply, Inc. 16 .10 Florida Dust Control Service, Inc. 2.55 Mundorf Signs 175.00 City of Hollywood-Utilities 18.55 The Miracle Equipment Co. 51.33 The Miracle Equipment Co. 490.00 ® City Products Corporation 52.50 Griffey Hardware 135.63 Callahan Motor Co. 1,264.26 Chris' Garage 121.55 Winthers Glass Shop 6.67 Pan American Tire Co. 309.24 A Scotland Electric Supply 187.31 Broome & Farina 25.00 Harris Paint Company 70.09 Broward Grain & Supply of Dania, Inc. 4.60 Fairchild Products 92.40 Weekley Asphalt Paving, Inc. 136.50 ® L. W. Rozzo, Inc. 31.00 Weekley Asphalt Paving, Inc. 19.50 Jack's Auto Parts, Inc. 3.63 Mr. James Barnes 50.00 Broward County Waste Collection & Disposal System 724.20 Argo Uniform Company 333.80 A Florida Dust Control Service, Inc. 3.P0 Diver's Haven Inc. 6.50 Garrison's Standard Service 2.78 Hollywood Ford, Inc . 15.11 Lexow Auto Parts Co. , Inc. 18.80 Miami Fire Equipment Inc . 33.00 Mr. Auto Parts & Machine Shop, Inc. 1.33 Gabriel Communications Corp. 120.00 Dania Volunteer Fire Department 1,228.00 A . M. Black 250.00 W. Herbert Moriarty 30.00 Schlichte & Kaplan 75 .00 A Jones' Equipment Co. 33.85 Broward County Sheriff's Department 120.00 J . <son's Ice Cream 291.75 (Continued) Disbursements, Month of December, 1966) continued - General Fund Fred E. Brammer, M.D. $ 17 .00 Richard Eglinas 18 .00 Dania Riverside Laundry & Linen Supply, Inc. 2.75 Leon S. Gagliardi 5 .75 T & T Mattress Co. 252.00 Xerox Corporation 142.78 Southern Photo Service 69.78 ® Lee's Locksmith 34.60 Broward Publishing Co. , Inc . 5.00 Kraynak Office Machines 47.10 Stan's Gulf Service 17 .10 Vic's Standard Garage & Body Shop 135.37 Petty Cash-Special Investigations 29.00 Donna Rumfelt 20.00 Donna Rumfelt .20 .00 Donald Ambrister 50 .00 Sam Jones 80 .00 Francis J. Straugh 150.00 Humane Society of Broward County 25.00 Florida State Board of Health 20 .00 Clarke Walden 384.94 Clarke Walden 500.90 Lindfors, Waite & Co. 1,988.00 Broome & Farina 15 .00 Clerk of Circuit Court 7.50 The Dania Press 9.80 Hollywood Sun-Tattler 5 .25 The Dania Press 63.10 Pitney-Bowes Inc . 23.70 City Office Supply, Inc. 42.00 National League of Cities 100 .00 Standard Oil Company 30.87 Petty Cash 5 .39 City Manager Stanley B. Goldberg 125.00 Stanley B. Goldberg 129.61 Florida League of Municipalities 375.00 National League of Cities 100.00 National League of Cities 100.00 Commissioner James Adams 125.00 Mayor Richard Marant 125.00 Boisey N. Waiters 125.00 Gus S. Brice 125.00 James G . Adams 125 .00 • Richard Marant 150.00 Mincey Bonding Agency 197.00 Jas. H . Matthews & Co. 132.00 Provident Life & Accident Ins. Co. 567.00 Provident Life & Accident Ins. Co. 561.75 The Dania Bank 2,072.65 ® City of Dania, Payroll Acct. 82158.98 Clarke Walden 898.25 City of Dania, Payroll Acct. 8,035 .47 City of Dania, Payroll Acct. 7,241.20 Robert Kelly 114.59 Aetna Life Insurance Co. 692.31 Cadillac Overall Supply Co. 155.60 City of Dania , Payroll Acct . 1,775 .28 City of Dania, Payroll Acct. 1,732.43 City of Dania, Payroll Acct. 1,697.45 City of Dania, Payroll Acct. 1,813 .40 City of Dania, Payroll Acct. 1,564.17 !• 59,735.76 s,. 1_ 0 DISBURSEMENTS DECEMBER 1966 ® WATER FUND Cadillac Overall Supply Co. $ 10.40 Sinking Fund Series 1946 798.14 Sinking Fund Series 1955 2,341.28 ® George Pfleger 6.69 K. M. Lashbrook 5.56 Lillian Thompson 5.56 Robert Staudacher-Norland Sinclair 4.91 Larry Burckhartt 10.00 Mrs , J . Pringal 7.88 ® I . S . Mizell 7.88 George Parsels, Jr. 7.88 Rene Monette 7.88 R. B. Rushing 3.24 Kathryn Rademaker 5.16 • Provident Life & Accident Ins. Co. 44.00 Provident Life & Accident Ins. Co. 40.00 The Dania Bank 227.00 B. F . Reames, Jr. , Postmaster 89.08 Southern Bell Tel & Tel Co. 14.62 Southern Bell Tel & Tel Co. 14.07 Florida Power & Light Co. 528.59 ® Callahan Motor Co. 100.80 Addressograph Multigraph Corp: 100.94 Infilco 56.28 Rickards Electric Service Inc. 45.00 Davis Meter & Supply Co., Inc. 310.48 City of Dania, Payroll Acct• 144.71 City of Dania, Payroll Acet. 541.33 City of Dania, Payroll Acct. 163.21 City of Dania, Payroll Acct• 150.53 City of Dania, Payroll Acct. 514.37 City of Dania, Payroll Acct. 162.46 City of Dania, Payroll Acet. 172.55 City of Dania, Payroll Acet. 514.37 General Fund 454.54 $ 7,611.39 • • t 9 _ � i:;