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HomeMy WebLinkAbout31148 - MINUTES - City Commission 0 MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD DECEMBER 12, 1966. ® 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 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 MEETINGS held November 21 6 28, 1966 to be ® approved. A motion was made by Commissioner Brice that the minutes be approved as read. 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 ORDINANCE: Approving the plat of Sessa Estates. (Second Reading) City Attorney Walden stated that Mr. Sessa wanted the Commission to hold up on the third reading until the street is in, but they ® could approve it on second reading tonight. City Attorney Walden presented the ordinance entitled: AN ORDINANCE approving the plat of Sessa Estates, same being a subdivision of N 164t of N� of NJ4 of SA of NE4 of Section 3, Township 51 South, Range 42 East, said lands situate, lying and being in Broward County, 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. • A motion was made by Commissioner Brice to pass the ordinance on second reading. . The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes G) Kelly Yes Waiters Yes Marant Yes REQUEST FROM TOLLY VINIK NURSERY for water service to an area outside the City limits and north of Taylor Road. Commissioner Brice suggested that the City Attorney and City ''r:nager contact Mr. Vinik regarding the possibility of his being annexed to the City. All Commissioners agreed. -1- s D ir[[� BILLS FROM W. H. MEEKS, JR. , TAX COLLECTOR for Tangible Personal Property Tax for 1966, to be approved for payment. v Dania Fishing Pier & Tackle Shop $2,338.10 Dania Pier Restaurant 109.93 „dY;, City Attorney Walden explained that the City has never before, to his knowledge, received this kind of tax bill. He checked with the Tax Assessors Office and found that where City property is leased, `T = the tax assessor tries to determine the value of what is leased, and he considers that the lease itself represents tangible personal pro- perty. Mr. Walden explained that the lease with Mr. Heller and Mr. ;gar= Rhodes provides that the tenants shall pay the tangible personal nit property tax on the equipment, inventory, etc. , but it does not say s " they shall pay the tangible personal property tax on the lease. .As a matter of fairness, he suggested that the tenants be contacted to • see if they would be willing to pay half of it. u LETTER FROM G. PAT TARQUINIO, requesting additional consider- ation be given his application for a 1 COP License for Tark's "Old Fashion Clam Stand" , 1317 South Federal Highway. Mr. Tarquinio was present and explained that his original applica- tion for a beer license was submitted the early part of October. Something happened, and the application got misplaced. He submit- ted another application which was brought up at the last Commission meeting. He has his state license approved as of October 28, the zoning approval from tae City Attorney and Building Inspector Linde- man. Mayor Marant stated that this business is in violation of two ordin- ances , one is that no alcoholic beverages will be sold from a Drive- In restaurant type of establishment, also he is in violation of the ordinance which states that an establishment shall not be allowed to • sell alcoholic beverages within 1000 feet from a school or church. Mr. Tarquinio seated that he does not have a drive in, that the peo- ple will not be served in their cars. They will eat at the stand. He added that he applied for the license before the ordinance regard- ing the distance between schools and liquor-serving establishments • was passed. City Attorney Walden stated that the ordinance states that no person shall sell or serve any alcoholic beverages to persons in automobiles and all curb. service of alcoholic beverages is prohibited. Therefore, if the applicant truly makes people eat at the stool, without any car- hops, or service to the cars, he did not think the applicant violates this ordinance. But he stated that it would have to be policed Very carefully. However, he added, as far as the distance ordinance is concerned, Mr. Tarquinio would have to apply for a variance permit. He stated that to speed this up, the Commission can recommend that the zoning board waive their hearing. A A motion was made by Commissioner Kelly to advertise for a public hearing for a variance--permit to be held January 3, 1967, at 8:15 P.M. for 1 COP License for Pat Tarquinio. 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 • -JOHN H. THOMPSON, application for Taxicab License. -2- °S [lie Aft Police Chief Caracci stated that the Police Department does not approve the application for a taxi license due to the fact that Mr. Thompson has 9 more months of a 3 year sentence on a felony charge for possession of barbituates. A motion was made by Commissioner Brice to deny the application. 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 Commissioner Brice stated that last year they had something that ® came up before the commission pertaining to licenses for all the cabs serving the Jai-Alai. At that time he thought they passed a ruling that each cab that served the Jai-Alai was to have a sticker on that cab and was to pay a $5.00 fee to the City for each cab, in addition to their license. This sticker was to state that they were authorized to pick up passengers in the City. He recommended that ® the Chief be asked to check into this again this year. City Attorney Walden stated that he remembered a discussion on this, but he did not believe it was an ordinance. It was agreed that it would be checked into, and if it was found that there was not such an ordinance, Mr. Walden stated that he would bring such an ordinance ® to the next meeting. CITY MANAGERtS REPORT: City Manager Goldberg stated that the first item was in regards to the Old Bank Building, and asked if Commissioner Brice would like to bring it up. Commissioner Brice presented a resolution proposing to the Dania Bank that the City enter into a purchase agreement with the Dania Bank for the sum of $17,500; $3,500 shall be applied to the purchase price at the time that the proposal is made to the bank; the balance of $14,000 0 is to be deferred until September 1, 1967, at an interest of 6%. In this proposal, the bank asks that this be used for public or municipal purposes for a period of 10 years from date of closing, and that said restrictions shall further provide for a period of 99 years the pro- perty may riot be used as a place of business for any type of lending institution. He stated that they now have the opportunity for an A enlarged library. They have a committment from the Dania Chamber of Commerce approving the purchase of this property and aski.[ig that a portion of this property be used by the Dania Chamber of Commerce on a square foot lease basis. Mr. Brice then presented some figures on proposals for remodeling the building; An estimate of $1,895 .00 to repair the roof; the carpentry, $1,056.00; making a total of $2;951.00 0 necessary repairs. The secondary repairs needed to make it presentable for occupancy is ceilings, paint, flooring, and some plaster repair. The Ceiling, $37250; estimated painting (inside and outside) $2,830.00; reflooring (terrazzo) $2,287.00. Commissioner Brice added that no definite repair cost can be established until the definite use of the building is established. He stated that he hoped the civic organiza- 0 tions would get together and raise this $14,000 to buy the building. A motion was made by Commissioner Brice that a resolution be passed authorizing the City Manager to enter into a deposit receipt contract, the form of which is attached as exhibit "AY, for the purchase of Lot 1, less the E 81 thereof, and less the N 51 , and Lot 2, less the N 51 , 0 of Block 22, Town of Modello, from the Dania Bank for a purchase price of $17,500, with a deposit of $3,500 to be paid down at the execution o the contract, which will be applied against the purchase price at -3- P 31 • !; the time of closing, and with the balance due ($14,000) to be evidenced by a note bearing interest at the rate of 6% per anum payable quarterly, with the principal sum to be due and payable in full on or before September 1, 1967. The motion was seconded ® by Commissioner Adams. Mayor Marant stated that he would first like to see what the reaction of the civic organizations would be before taking any action. '= Mr. Robert W. Houston and Mr. Robert E. Houston objected on the ;. 0 grounds that it will cost more than it is worth to repair the building. Mr. Robert E. Houston also felt that it was a bad location for the Chamber of Commerce. The roll being called, the Commissioners voted as follows: ;r. r ® Adams Yes w Brice Yes Kelly Yes Waiters Yes Marant No iy 0 Mayor Marant stated that he is definitely interested in it, but not the way it is set up now. Mr. Houston asked what fund this will be paid out of. w Commissioner Brice replied that the $3,500 is to come out of the 0 Contingency Fund, and the $14,000 will be put into next year's budget, if the citizens do not raise the $14,000 . Mr. Houston suggested that the Commissioners try to get a better rate of interest on it from the Dania Bank. 0 City Manager Goldberg presented a letter from Attorney Robert Dubow requesting that the Public Hearing for George Arcaro be postponed for January 16, 1967. A motion was made by Commissioner Adams to reset the Hearing for Janu- ary 16, 1967, at 8:15 P.M. The motion was seconded by Commissioner 0 Brice, 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 they received the final audit from Lindfors, Waite: & Company, along with their bill for the balance of $1,988.00. ® A motion was made by Commissioner Brice to approve the bill for pay- ment. 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 stated that there are a few political signs still remaining on a few of the poles around the town. He stated that these signs were put up illegally and they never posted a bond. The City Manager was instructed to have them taken down. It was :7,iggested that the Police Department check more closely to make sure the signs are taken down before the bond is refunded. -4- 0 "M. A �1 City Manager Goldberg requested that a meeting be set up as soon 1iU:= as possible for the review of all of the cities insurance policies. -; lie stated that a letter has been set to all of the insurance agents in the city advising them to review the policies and come up with a ® proposal. It was agreed that they would hold a meeting at 8:00 Thursday night to review the insurance. City Manager Goldberg reported that he has had several meetings with the City Attorney in regards to the Pittsburgh Pirates . He stated that they still express an interest in a Dania location. City Manager Goldberg reported that a.imeeting has been set up for Tuesday at 7:30 for the Charter Review Committee. ® City Manager Goldberg reported that Mr. Joe O'Toole, Assistant Manager of the Pittsburgh Pirates was in Dania to look over the location and fi see if there could be an agreement made between the Pittsburgh Pirates 33 and the officials of Pirates World. He stated that they discussed a ,u .. 30 year lease which Mr. O'Toole stated that he was agreeable to; he also was very pleased with the location. Ns. Goldberg further reported that the working out of the details of the fields and the stadium are presently in the hands of the Pirate World officials. City Attorney Walden reported that until today the City had no formal word that the baseball club was interested in Dania. After the meet- ing today, Mr. O'Toole promised that his club would write a letter of intent, which will not be binding, but it will show that they are at least interested. After that letter is received Mr. Robertson is supposed to work out in detail a proposal showing the estimated cost of the stadium and what part the City will play ih it. The talk in recent weeks has been that a non-profit organization will hold title to these facilities until the finances are paid off, then the land will A revert to the City. Mr. Walden suggested that once the City begins negotiations, they ought to hire a fiscal agent to assure the City and give them any financial advice they might need, even thought-this is not cost the City anything. City Attorney Walden reported that, in regards to the lawsuit that S Hollywood Inc. filed against Pirates Ports about 6 or & months ago, about 16 months ago the City passed a zoning ordinance cread3ing a zoning catagory. In that ordinance they provided that any applicant would submit a site development plan showing the set backs, streets, etc . He stated that Mr. Weston, Attorney for Pirates Ports, and himself have come up with a solution to "harpoon" Hollywood Inc'.s case. 0 It is an ordinance that removes altogether this requirement for a site development plan. And if the city were to pass such an ordinance the lawsuit, would become moot. He suggested that if the Commission was interested in adopting this new ordinance they ought to authorize a public hearing to be held on it. A motion was made by Commissioner Brice that the ordinance be adver- tised for a public hearing to be held January 16, 1967, at 8:30 P.M. 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 It was suggested that something ought to be done about annexing the portion from Griffin Road south to Ravenswood Road. Commissioner Brice suggested that it be broken up into the Griffin Road and Camp 7.1.1nding Area into one parcel; the Stirling Road to 56th Avenue, or -5- O e further, which would be another parcel; then the Taylor Road north area in the third parcel. Commissioner Brice stated that he would like to go clear out to 441 on Stirling Road, if that is not part ® of Hollywood. A motion was made by Commissioner Brice to have the City Manager check into the annexation and to have the Engineer draw up the legal descriptions. 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 Attorney Walden reported that he has checked with other cities in regards to urban renewal, and obtained some copies of their char- ters where they have amended them for urban renewal. Commissioner Waiters asked Mr. Walden to report at the next meeting. Manning Taylor again off erred the City the services of his company . in regards to urban renewal at no cost to the City. He stated that the City Manager, Mr. Goldberg, requested that Mr. Taylor send him a copy of the portfolios from his company; and he, Mr. Taylor, had the company send such a letter, and the City Manager has taken no action ® on it whatsoever. He requested that the City Commission take some action on it one way or another. City Manager Goldberg requested that Mr. Taylor submit a proposed contract for consideration by the City Attorney. ® City Attorney Walden presented a letter from Fire Chief Lassiter that was written in October, and apparently mislaid, concerning two pro- perties that he found in October to be in-clangerous condition; those properties being 131 S. W. 2nd Avenue, Lots 14, 15 & 18, Block 27, Town of Dania, which property is found to be grown up with weeds and brush, and a large accumulation of trash and garbage. He stated that it is a fire hazard and should be remedied at once. Another one is located at 733 S. W. 7th Street, Lot 5, Block 4, College Tract which building is in a run down condition,unfit for human habitation,and a fire hazard. He stated that he talked to the Building Inspector about other properties in the city and informed the Commission that the pro- perties have to be structurally unsound, abandoned, constituting a health hazard, or something of that nature. He stated that the Building Inspector advised that some of the properties in the list supplied to him simply do not cc.mply with the Building Code but were habitable. He stated that only those properties that are really unsafe can the City do something about. Mr. Walden asked that the Commission pa'ssaa resolution authorizing the Building Inspector and City Attorney to write the usual letter to the owners of the two properties reported by the Fire Chief , giving the owners time to clear them up, or threaten con- demnation proceedings. A motion was made by Commissioner Brice to pass a resolution authorizing the City Attorney to write letters to notify owners of all uninhabited, : 0 unsafe buildings that the Building Inspector turns over to the City Attorney. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes 0 Kelly Yes Waiters Yes Marant Yes -6- • f City Attorney Walden suggested that, since the Charter Revision Committee is meeting tomorrow night, they bring up the resolution naming the five members so that by tomorrow night they will have ® something official. Commissioner Waiters stated that, in regards to the Polyograph tests that the Policemen are currently taking, he has received some complaints from the Policemen-. He asked Chief Caracci if the tests were compulsory. Chief Caracci replied that they are ® not compelled to take this test, and all the Policemen know this. He stated that he asked for the men 'to take this test because in some cases he had nothing in the personnel files, in other cases he has just an application; the files were'tampered with. He has no records of fingerprints. He stated that he is trying to give the City a police department they will be proud of. He stated • that he will also, at some time in the future, ask, his men to take an IQ test. Commissioner Brice asked the Commission to pass a resolution adopt- ing the Florida Highway Patrol qualifications for wrecker companies. He explained that the Highway Patrol has an inspection once a year ® of all of the wrecker companies that, are oft call. This inspection checks their equipment to see that it is in order and to see that they have the proper equipment aboard, and that they are properly insured. This does not apply to everyone operating a wrecker ser- vice, only those on call. 0 A motion was made by Commissioner Brice to pass a resolution adopt- ing the Florida Highway'.'Patrol qualifications for wrecker companies. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes ® Brice Yes Kelly Yes Waiters Yes Marant Yes City Attorney Walden asked if the Commission was going to adopt the ® usual resolution of commendation for the past commission. Commis- sioner Brice stated that he thought it had been done. Attorney Walden stated that it had not. Commissioner Brice asked for a resolution appointing the citizens who will be on the Charter Revision Committee. He presented the • following names: Frank Eby Archibal Black James MacMillan Laura Dion ® Sterling Collins A motion was made by Commissioner Brice to adopt and pass a reso- lution appoi.,ting the above citizens to the Charter Revision Com- mittee. The motion was seconded by Commissioner Kelly, and the roll being called , the Commissioners voted as follows: Es Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes Commissioner Adams stated that he was in agreement with Chief Car- acci on giving the policemen a polyograph test. -7- • INN Commissioner Adams reported that they had a meeting with a group of ladies, the Dania Betterment Group, who have been working with an architect for an over-all plan of the downtown area. He asked for a resolution giving the ladies their support in this plan to revamp the downtown area. A motion was made by Commissioner Adams to adopt and pass a reso- lution supporting the plan for the remodeling of the downtown area. 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 Y8s ® A motion was made by Commissioner Adams to adopt and pass a reso- lution commending the former Commissioners, Carl Zenobia, Frank Salvino, and S. Ellis Young, for their service. 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 O City Attorney Walden stated that there is:-a,.beauty shop that former commissioner Salvino's daughter built without evidently knowing that she needed a building permit. The property is zoned properly for a beauty shop, and evidently the construction bomplies with the build- ing code requirements. He suggested that a motion be made stating that a building permit be issued to her, and to also authorize her 4 to take out an occupational license. A motion was made by Commissioner Adams to authorize the Building Inspector to issue the building permit, and to issue the occupational license. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: • Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes A motion was made by Commissioner Waiters to issue an ordinance book and a name plate for each of the members of the Dania Planning & Zoning Board . The motion was seconded by Commissioner Brice. Commissioner Brice stated that the board would not need the entire book, • just the portion pertaining to the Zoning Board. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes ® Kelly Yes Waiters Yes Marant Yes Mayor Marant reported on their trip to Las Vegas. He stated that it was the 43rd Annual Congress of the National League of Cities which .0 began on December 5th. He stated that he has many brochures if any- one would like to see them. He briefly reported on what they did at the convention. He recommended that anyone who is up there (on the i Commission) next year ought to go to the next National League's meet- rt}. er i ing which will be held in Boston. He stated that it was very worth- while and enlightening. Commissioner Brice stated that Senator Ryan asked him to ask the Commission to pass a resolution pertaining to their opposition to the State selling the .44' acres that is in question that lies North (Whiskey Creek) . He asked Attorney Walden to get in touch with Senator Ryan about this. He stated that the State has postponed action on that land for 90 days to allow for a survey. Hollywood Inc. has attempted to buy what they consider submerged land because ® they claim that they own the land adjacent to it, therefore they are the only ones who can buy it, for a sum of $350 an acre. He asked City Attorney Walden if he could have this resolution ready for next Monday night. Police Officer Caldwell asked to speak in regards to the polyograph ® tests that the department are taking. He stated that he was not told that he had to take this test, he was given an opportunity to either take the test or submit a letter as to why he did not wish to take it. Ile stated that he had no objections to taking this test because he felt that this would give him the opportunity to clear his record and get a few things off his chest. ® Robert Houston asked if they are following through with the finger printing for the police department. Also he asked if the Commission has been fingerprinted. He stated that he knew of some employees who have not been fingerprinted, and asked if they would check on it. ® Robert Houston stated that he again is asking, for the fourth time, that they do something about the street lights south of the Uld Dixie Highway on Federal Highway. City Manager Goldberg stated that he has had a representative of Florida Power b Light in his office who went and surveyed that area ® and found that there are large gaps in that lighting, and he said that they have developed a plan for putting in the poles and lights. Mr. Goldberg stated that he told this representative to go ahead with the project, and if he needs anything else he (Goldberg) will see that he gets it. Charles DeMuzzio stated that at Sheridan Street at the intersection there is a third lane turn and coming-North there are cars parking in front of Rose Auto Parts, and when the traffic is heavy, the inside lane must stop to let the other lane go through. He suggested that the Police Department look into it and see what could be done. Mayor Marant asked Chief Caracci if he would check that area when the traffic is most heavy and see what could be done. There being no further business, the meeting adjourned. Mary NhoFnhill City Clerk-Auditor Richard Marant Mayor-Commissioner -9- s