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HomeMy WebLinkAbout31146 - MINUTES - City Commission AIM MINUTES OF' REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JANUARY 3, 1967. 0 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 WAITERS 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 8:00 P.M. by Mayor Marant, after which Invocation and Pledge of Allegiance were held. MINUTES OF MEETING OF DECEMBER 12, 1966 to be approved. ® A motion was made by Commissioner Adams that the minutes be approved as read. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners votdd as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® OLD BUSINESS: City Attorney Walden presented as old business, discussion on the property on Griffin Road, owned by Mr. Fridovich-Martin, of P.M. Construction Company. He stated that at the last meeting it was suggested that the owner meet with the Cities Engineer,: the • Building Inspector, The City Attorney, and Mr. Martints Engineer. He stated that the City Engineer has recommended certain setback requirements which Mr. Fridovich is ready to agree to. 'Mr. Linwood Cabot is present representing Mr. Fridovich, and asked that he be heard first. ® Mr. Cabot presented a letter from Broome & Farina, City Engineers, with their recommendations for the suggested base building lines, as follows: 1. 35 feet South of the centerline-ofathe existing;.paver; . ment of Griffin Road. 2. 35 feet North of the centerline of the existing pave- ment of Griffin Road. 3. The lines should be straight as sighted between the limits set forth in paragraph 1 of this letter. 4. The westerly 5 feet of Section 34-50 line between the North line of Florida Power & Light easement Dania Cut.- off canal. This building line should not apply to existing improvements, but only on future improvements. fIr Cabot then read a letter from P. M. Construction Company and ':r . '•1ichael Fridovich-Martin, agreeing to the set backs. Commissioner Brice asked if Mr. Martin gives the City a letter that he will abide by a 35 foot setback from the line, as Broome & Farina suggests, the easement for 12th avenue, and agrees to abide by the water and fire protection, can they waive this hearing on the variance or the zoning. -1- "0 i y o City Attorney Walden replied, "No, not legally. But if you simply overlook it, it is simply a matter of a few feet back there." Mr. Martin was asked what size water line is there. He replied it is a 2 inch line. It was pointed out that in order to have a fire ® hydrant, they would need to put in a 6 inch line. Mr. Martin stated that he has given all he can, and he cannot install a 6 inch water line now. He stated that he has given the easement on the basis that he would get the permit. He asked if they dO not give him the permit will they give him back the easement. ® City Attorney Walden replied that he would recommend they give it back r to him. He added that the reason for all the trouble is because they cannot get together to agree on something. He suggested that they set up a time that would be agreeable with everyone to have a meeting to come to some agreement. They agreed to hold a meeting at 6:00, Thursday evening, January 5, 1967. Mr. Linwood Cabot, representing Tolly Vinik, stated that Mr. Vinik would like the City of Dania to furnish him with water although he is outside of the City Limits of Dania; but Dania refuses to furnish him s ® water unless he agrees to annex into the City. Mr. Vinik is opposed to annexation. } Commissioner Brice asked what is his opposition to coming into the city. Mr. Cabot stated that certainly if any of us had a choice of coming ® into a city, any city, and paying city taxes, or not coming into a city, they would elect not to be within the municipal limits. Mr. Cabot stated that he hasn't thoroughly talked to Mr. Vinik about annexation because he did not come prepared to talk about it tonight; but that he would discuss this with Mr. Vinik and come back another time when he was more prepared. CONTINUATION OF DISCUSSIONI:OF PAVING S. W. 8th Avenue: City Attorney Walden stated that City Clerk Thornhill has worked out a tabulation on the petition. He stated that owners representing a total of 408 feet did sign the petition, and owners representing a • total of 857 feet did not sign. There is no way of knowing the exact feeling of the owners of the 857 feet, whether they were actually^opposed or just indifferent. He stated that out of the 857 feet, however, 652 feet objected. This is the West side of the street on which the owner has objected. Mrs . Grace Burwell, 21 N. E . 2nd Street, Fort Lauderdale, was present representing Mr. Miller, owner of the 652 feet on the West side of this street. She explained that Mr. Miller does not wish to deprive the residents who would benefit by having this street the right to a paved street, but his property was unimproved and was not bringing in any income for him; therefore, he did not feel that with his limited income he could afford at this time to pay the assessment for the paving. A motion was made by Commissioner Waiters to adopt a resolution of necessity declaring the necessity of paving S. W. 8th Avenue, from Dania Beach Boulevard to S . W. 1st Street, and providing that any further objections would be presented at the meeting of February 6, 1967 , at 8: 30 P.M. , and providing for the advettisement and opening of bids the same night. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams No Brice No Kelly Yes Waiters Yes Marant Yes -2- s er- 31. i;S` PUBLIC HEARING: Request of G. Pat Tarquinio for a 8:15 P.M. variance to permit the sale of beer fi at 1317 South Federal Highway. City Attorney Walden read the Notice of Hearing. He then presented a letter from the Board of Public Instruction opposing the request. ' Rev. Jennings also objected because of the proximity to schools, and the ordinance which prohibits it. .,..r ,mv ._ ® Mr. Norman Ott, who owns a business across from the location in question, spoke on behalf of the issuance of the license. Mr. Paolillo, owner,Jimmie's Italian Restaurant, also spoke on behalf of the request. ® Mr. Robert Houston spoke on behalf of the applicant. He suggested that the police department keep close tabs on the clam stand to be sure that they do not serve minors. Commissioner Brice stated that we have an ordinance that prohibits curb service of beer, and this is an open-air type of operation. s Mayor Marant asked if there will be take-out service. Mr. Tarquinio stated that they could take out the food, but he will be serving draft beer, so it could not be taken out. ® A motion was made by Commissioner Adams that the variance be denied. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly No Waiters No Marant No Commissioner Kelly asked to clarify his vote. He stated that he is not entirely in favor of selling alcoholic beverages; and the first • thing that comes to his mind is the youth problem that the City has had there at that stand, and if that problem arises again, he (Kelly) will be the first one to vote against it. But, he stated, if Mr. Tarquinio operates a good clean place there, they ought to have no problem with it. • Mr. Tarquinio stated that if he does have any problems there with the children, he will close it up himself, the city will not have to do it. City Manager Goldberg asked if they could make a condition on the license that only draft beer will be sold, so that there will not be any take out. O City Attorney Walden replied that it can be put on the license and made a condition of the license, but he did not know how binding it would be. A motion was made by Commissioner Waiters to approve the license for beer only for TarM s Old Fashion Clam Stand. The motion was seconded by Commissioner Kelly, Commissioner Brice pointed out that in order to get a variance, the applicant must prove a hardship. Commissioner Adams stated that when 11r. Tarquinio was in before he stated that he was doing a good business without serving beer, and this was just a service to his customers, and that was what he (Adams) based his motion to deny on. -3- • 4v, r t The roll being called, the Commissioners voted as follows: Adams No Brice No © Kelly Yes Waiters Yes Marant Yes MARTIN STEYER: Request for variance to waive the 151 rear set-back requirement to permit construction ® of a Nursing Home on Lots 14 thru 20, Block 8, College Tract Second Addition. Mr. Steyer was present along with Mr, Art Frimet, Architect, and they requested that the City Commission ask the Zoning Board to waive their Public Hearing. Mr. Steyer presented his plans to the ® City Commission. Commissioner Brice requested that the Zoning Board waive their Public Hearing. APPLICATION FOR TRANSFER of 4 COP License from Harbor Lights of Fort Lauderdale, Inc. , to the Pirates Inn, Inc. , The Katherine Hotel. (First Reading) It was asked if the applicant was checked out with the Police Department. Chief Caracci replied that Mr. Manning Taylor was checked out but the other two members of the corporation, Mr. A. G. Smith and Mr. Sherman Hayes, were not checked out. City Attorney Walden suggested that this be passed on first reading, then have the other two members of the corporation checked out before the second reading. ® A motion was made by Commissioner Brice that the application be approved on first reading. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes A Kelly Yes Waiters Yes Marant Yes RECOMMENDATIONS FROM THE DECEMBER 20 Special Meeting of the Planning & Zoning Board. ® Purpose of meeting: Considering the building of a 4-unit structure on S. E. 1st Terrace, Lot 29 & 30, Block 3, Mason Subdivision. Mr. Norman Brousseau presented plans. A motion was made by Mr. Sessa to approve the plans as pre- sented. The motion was seconded by Mr. DeMuzzio, and passed unanimously. No action. CITY MANAGER'S REPORT: City Manager Goldberg requested permission to advertise for bids for the re-roofing of the old bank building. A motion was made by Commissioner Brice to authorize the City Manager to advertise for bids for repairing the roof of the Old Dania Bank Building. Bids to be received February 6, 1967, at 8:15 P.M. The it motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: -4- 'V = ? Adams Yes Brice Yes u�42 Kelly Yes Waiters Yes Marant Yes City Manager Goldberg requested permission to,-advertise for bids i for two new police cars, with trade-ins. sA motion was made by Commissioner Brice to authorize the City Manager to advertise for bids for police cars, with the understanding that they are bidding on one or two, according to the price of the cars, 0;;; with trade-in; bids to be received 'February 6, 1967, at 8:30 P.M. The motion was seconded by Commissioner Kelly, and the roll being t called, the Commissioners voted as follows: ® Adams Yes Brice Yes as Kelly Yes ` Waiters Yes N Marant Yes ." ® City Manager Goldberg presented a bill from Di-Mar Paving Company, +rVie;, $1,822.80, for the paving of N. W. loth Avenue, from 7th Street to Sth Street. H` A motion was made by Commissioner Brice that the bill be paid. The ' motion was seconded by Commissioner Adams, and the roll being called, ® the Commissioners voted as follows: t Adams Yes Brice Yes Kelly Yes Waiters Yes ` ® Marant Yes A motion was made by Commissioner Brice that a public hearing for the objections to the assessments for the paving of N. W. loth Avenue, from 7th Street to Bth Street, be held February 6, 1967. 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 Goldberg reported that he has received two proposals for insurance, and he turned them over to the chairman of the Finance Committee, and suggested that a meeting be called. He stated that the insurance technically terminates on the 4th and the 9th, but the companies have indicated that they will put a binder on the coverage to give the city a 30 day extention. City Manager Goldberg stated that they are intending to have several meetings with the Department Heads and the City Commission. He sug- gested that the best time would be during the afternoons, except for ® Mondays. Commissioner Kelly asked if they will get notices on it. City Manager Goldberg replied that they would. Y City Manager Goldberg presented the bills of All Construction Company " for approval, as follows: $20,917.54 for portion of the drainage line on Dixie Highway, and $3 ,851.23 for installation of water line. [T -5- s A motion was made by Commissioner Brice to approve the payment of f t:. 1' the bills, pending upon approval of the Field Engineer. 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 Manager Goldberg presented a recommendation from the Chief of Police for consideration of a portion of the ordinance relating to female employees entertainers in places dispensing alcoholic bever- ages , similar to a section in the Hallandale Alcoholic Beverage z ordinance, which is Sec. 14-17 in their ordinance. The Police Chief ® felt that this section of the ordinance would be effective if in- r eluded with our ordinance. p' Commissioner Brice recommended that the City Attorney look into this a little further and bring a recommendation to the next commission meeting. ; ® City Manager Goldberg presented a map and::the legal descriptions of the three proposed annexation areas. He stated that annexation area one, as proposed, is the vicinity of Stirling Road; annexation area number two, the area of Griffin Road; and area number three, that area in the vicinity of Port Laudania. ® Commissioner Brice asked City Attorney Waldents recommendation for the publication of this information. Mr. Walden suggested that a small map be made and published in the newspapers. But, he suggested that the map also include the street names and numbers in addition to the legal descriptions. He suggested that they hold two or three ® hearings on it, and then perhaps take just a °straw vote" on it. Commissioner Brice explained that he did not know very much about the proper procedures of annexation, so he recommended to the other commissioners_ that they let Mr. Walden, the City Manager, the City Clerk and the City Engineer decide the best way to proceed with it; ® then bring back a recommendation to the next meeting. City Attorney Walden suggested that, in regards to the sewer program, the assessment roll be readied for public hearing shortly. He suggested that as soon as they see some completion date, then they ought to have a few special meetings to get this going. 0 City Attorney Walden reported, in regards to bringing the Pittsburgh Pirates to town, that in the Deerfield Case the State Supreme Court based their ruling that a municipality could not finance a baseball stadium for a commercial baseball team. He reported that one solu- tion to that seems to be to organize a non-profit corporation which is recognized by the internal revenue service. He further reported that Mr. Robertson stated that his corporation in this entire project will underwrite it so that it will not cost the City anything. Mr. Robertson states that his corporation will buy the bonds, 1but up any money and do everything so that the City, directly or indirectly, will not be called upon to advance credit. He has asked that the city a 'opt a resolution stating that the City is interested in the Pitts- burgh pirates project; and further that if the non-profit corporation is formed, they would be interested in taking title to the facility after the bonds are paid off . He stated that this resolution of in- tent would be so worded that it would not be binding on the city, but merely stating that they are still interested in the' Pirates coming _ to town. He stated that he saw no harm in the city adopting it. But he again advised that the city hire a fiscal agent to advise them if this is going to be a workable project. -S- Afiftk A motion was made by Commissioner Brice to draw and adopt a reso- lution of intent stating that the City is still interested in having the Pittsburgh Pirates come to the City, and that the city would be interested in taking title to the stadium after the bonds are paid off . The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted asfollows: Adams Yes Brice Yes Kelly Yes Waiters Yes , 4 Marant Yes 1 City Manager Goldberg presented a letter from Attorney Robert Dubow in regards to the compost plant, in which he points out that the scheduled trip to St. Petersburg is going to have to be cancelled because the plant is out of service for the next several months. He reported that there are two plants in Houston Texas which are appro- ximately the same size, and he suggested that the representatives from the City make the trip to Houston for a tour of these plants on January 12. ,t Mayor Marant stated that he has been in touch with Mr. Frank Peterman who represented a group of people from the Tampa-St. Peterburg area where this compost plant is located, and it seems that the only ob- jection that these people have to the compost plant is the fact that it smells. During certain periods of the year when we have the cooler weather there is no problem, but when the weather is humid this stench tends to. hang in the air for almost 3/4 of a mile. Mayor Marant stated that, based on what this man said, he did not care to go to Houston to see this plant because the weather in Houston is entirely different from what we experience in Dania and St. Petersburg. Mr. Robert Houston reported that about two weeks ago he made a trip to St. Petersburg and they wouldn't let him go through the plant be- cause it was closed down. But he went through the neighho+rhood and made a check. He stated that the reaction tot:the plant was nor favorable, and if they wanted to check with the St. Petersburg papers they could find out more about it. Mayor Marant presented a letter from the BtoWarBoCounty Health Depart- ment, from Dr. Hughes, stating that the statement made by the applicant for the compost plant, that the State Health Department approves all plans for compost plants, that statement would have to be proven. City Manager Goldberg brought up the question about the $5.00 per cab Jai-Alai sticker that Commissioner Brice proposed some time ago. He asked if they have it resolved yet. Commissioner Brice asked City Attorney Walden if he could come up with something to that effect. City Attorney Walden suggested that the entire taxicab ordinance be rewritten, and stated that he would work ps on it. btr. Robert Houston asked, in regards to the purchase of the old Dania Bank Building, what interest the City was paying on that money. Mayor ` ? arant replied that he believed it was 6%. Mr. Houston recommended that i` the bank is going to charge 6% then the city ought to invest the bonds 'n the Perpetual Care Fund, and and times there is 100 of 200 thousand r dollars that they are nor using, and this ought to be put on time depo- t: pit. "ommissioner Brice stated that a lot of those funds mentioned are already nvested . Commissioner Brice informed the commission that they will have a Charter Meeting Thursday at 7:30 P.M. He asked the City Manager to onco again contact the County in regards to the paving of the parking is s -7- e+ e area at the beach . Commissioner Brice also asked for the City Manager to confer with fb ® the manager of the Chamber of Commerce to find out approximately what amount of space they (Chamber) would need in the building. Mayor Marant reported that there will be a meeting of the Industrial Development Board, at the Dania Bank Building, 7:30 P.M. on Wednesday, February 1, 1967. He stated that this was formed to attract small ® industries to the area. He asked that anyone interested should attend this meeting. �z There being no further businessr the meeting adjourned. nary tnornhill City Clerk-Auditor W '0 Richard Marant Mayor-Commissioner i -B-