HomeMy WebLinkAbout31145 - MINUTES - City Commission£ rn-
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MINUTES OF SPECIAL MEETING, CCTY COMMISSION, CITY OF DANIA,
FLORIDA, HELD JANUARY 5, 1967.
The City Commission of the City of Dania, Florida, met in
Special 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
40 CITY ATTORNEY CLARKE WALDEN
CITY MANAGER STANLEY GOLDBERG
CHIEF OF POLICE ANTHONY CARACCI
BUILDING INSPECTOR ARMAND WELLS
CITY CLERK MARY THORNHILL
The meeting was called to order at 6:00 by Mayor Marant to
discuss the request from P. M. Construction Company, Mr.
Michael Fridovich-Martin.
Mr. Linwood Cabot was present representing Mr. Martin, and
® presented the plans for warehouse constructions.
City Attorney Walden explained that at-the first meeting Mr.
Martin said that if the Commission would approve a plot plan
later he would put a record plat on record; but he (Walden)
got the impression at the meeting the other night that Mr.
e Martin had "backed off" from that. The question now is will
there be a recorded plat or not.
Mayor Marant asked if they are going to put the water lines and
fire hydrants in.
• Mr. Martin stated that the water line is in, and there is a fire
hydrant in.
Fire Chief Lassiter pointed out that if the City is going to
annex the Griffin Road area, they ought to have ample size to
continue the extention out Griffin Road, regardless of who pays
• for it. He stated that the least they should consider would be
an 8 inch line. The main water line is on the North side (the
canal side) of Griffin Road, it then crosses over by the canning
plant. The 8 inch main stops there, and the 2 inch li.iie takes
over from there.
® City Attorney Walden advised that the ordinance states that the
City will run the water line up to a subdivision; but within the
subdivision, the owner has to put in the water line.
Mr. Martin stated that someplace they have to stop chopping, that
if he agrees to any more he will not have enough property left to
• build on. He stated that they have agreed to set back on aline
35 feet from the center of the road . They have agreed that North
and South they would do that. "Gentlemen, that is all I can agree
to."
Mayor Marant: Didn't you agree, the first time you came up here,
that you wk,uld dedicate 12th Avenue.
Martin: That's correct, sir. My people tell me that I have a big
mouth, that I can't do it, because you are not going to build on
it. It you will build on it, we will give it to you, otherwise I
cannot do it . I will give you an agreement that when I do build
I will stay 35 feet from the centerline there, and if you will go ,
ahead and put that road in within 6 months, I will get you the road.
-'it I am not going to give you the road, my people tell me I cannot
give you the road, and it is just going to sit there.
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City Attorney Walden: Will you y agree to dedicate it for right-of-
way purposes at such time as the City does pave it? You can have
the use of it until the road came through.
Mr. Cabot: What you are really asking is for us to give you 35 feet
of land so many feet deep, which doesn't offend me if you are going
to do something with it. But as long as it is going to be held, let
us hold it, and let us agree we won't build on it, and when the time
comes. . . . . . .In other words, what you are saying is this. . .let's assume
that .he built these things, and something happened that he couldn't
build on these, and he held it, and he sold it to you. Now would you
give him as much for this land if he disposed of 35 feet? The guy
that buys it from him ought to give the 35 feet. He is the one who
is going to get the benefit. If you are going to build on it tomorrow,
we will give it to you tomorrow.
® City Attorney Walden: How many years would you go along with. . . .5 years?
Martin: I'll go along with 18 months. I'll make it 2� years, fair
enough? And then how am I going to get my building down? Some people
tell me it is not much of a building, but it is bringing me income, so
it is a pretty fair building, as far as I am concerned. At that time
® I will just have to move my building off, correct?
Walden: That would be right.
Martin: Then you will give me the right to move that building, if I
want to just move it over?
® Walden: I think the Commission might agree to let you move it over,
but they wouldn't let you move it anywhere in town.
Martin: That's not a very good deal, is it?
® Commissioner Brice: Let's take the plat, or the description of the
land, as Mr. Cabot said a while ago, these parcels of land are going
to be the legal description. The ordinance calls for a water line
for 500 feet. Anything above the 6 inch, the City will pro-rate the
cost. So if we want to put an 8 inch there, we would pro-rate the
cost, between a 6 and an 8. And a 15 foot easement on the back for
O the alley, the same as the adjacent property. That's it. Now, when
he goes beyond that parcel of land, then he has to come back and go
through the same thing again. Now that is as far as I see that the
Commission can go.
Walden: What ordinance have you got on the 500 feet? Now the sub-
0 divider has got the obligation of putting fire lines and hydrants
within his lands, but it is the cities obligation to run them up to
the subdivision.
Commissioner Brice: That's right, we will have to go from where
that 8 inch line is now until it is adjacent to his line. He has
® offered 'us a 5 foot easement on the South side.
Martin: I can't give you a 15 foot easement in back because you have
demanded that. I stay back 25 feet from Griffin Road, if I stay 25 feet
back trom Griffin Road my signed mortgages are recorded and all, and
they do not leave 15 feet in the back of the land.
Commissioner Brice replied that we cannot let Mr. Martin have other-
wrse , "because there is a 15 foot easement for an alley on all of the
adjacent property" .
Mayor Marant stated that it is not our fault that he has to set back
on the front of his property because if the county comes;and puts a
new road in, then the City will have to buy that land.
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Mr. Martin stated that he understood the problem, "but I do not
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legally have to set back 25 feet from this land."
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Mayor Marant: According to our ordinances, and which we have
0 required other people to do, we require them to plat their land
z ' too. So legally and morally, I should make you plat it. Whether
' it is right or whether it is wrong, we have to live by what is in
T black and white as far as our city ordinances go. Because we have
required other people to do it, and I don't see why I should sit
1> up here and conscientiously make any differentiation between you
N ® and somebody else. You want us to concede certain things, and we
x=' want you to concede certain thin s•' but I am not g u•; Y g , going to vote for
anything until we get it down in black and white and I can read it
i' over, because this thing of talking verbally just doesn't give to
me; I got stuck too many times in my own business to know.
O Mr. Farina, City Engineer, stated that if it became necessary to
}}, put an alley behind Mr. Martin's property, he thought they could
get permission from Florida Power & Light Company to put an alley
there in their right-of-way.
Commissioner Brice: But you will have a jog in there if you do.
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Farina: No, you will have a straight road if you do that. Accord-
ing to my information, the back line of the cannery lines up with
the Florida Power & Light Easement. To keep a straight road there,
the alley would have to fall south of Mr. Martin's land.
O City Attorney Walden asked if Mr. Martin was going to agree not to
build on 12th Street.
Commissioner Kelly: He can't build unless he gets a permit can he?
Walden: Well, if he meets all the conditions, he is legally going
• to be entitled to it, unless we have some agreement. I would like
to put in here what we were talking about, that if we build within
2� years he will donate the right of way, and he will agree always
never to build on the right of way.
City Attorney Walden: The City is obligated to run a water line
• over this far (pointing to map). He also pointed out the parcels
on the map to be designated from Parcel A to Parcel F. He stated
that these parcels will be agreed to not be subdivided and sold
off . . .No buildings will be built in any lands between the parcels.
They have an agreement as to the setbacks off Griffin Road, so that
is no problem. Then a 35 feet setback on the West end of it, so
• that if this North-South street is ever put in they would not have
to pay to condemn any buildings. But what they are now talking about
is what part of the water line should he pay for. Mr. Walden stated
that he felt that Mr. Martin shouldn't have to pay for the entire
cost of it just because it runs by his property. He felt that Mr.
Martin ought to pay some reasonable share of it.
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Commissioner Brice suggested that 50% would be a fair basis on it,
for an S inch line.
No action was taken, and the meeting adjourned.
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Mary Pornhill
S City Clerk-Auditor
E ichard Marant -3-
Mayor-Commissioner
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