Loading...
HomeMy WebLinkAboutRegular Meeting (108) • MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD SEPTEMBER 19, 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 JAMES G. ADAMS COMMISSIONERS GUS S. BRICE FRANK SALVINO S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE SMITH BUILDING INSPECTOR CHARLES LINDEMAN CITY CLERK MARY THORNHILL CITY MANAGER STANLEY GOLDBERG �. The meeting was called to order at 8:00 P.M. by Mayor Adams, after which Invocation and Pledge of Allegiance were held., MINUTES OF MEETING held September 6, 1966 to. be approved,,, A motion was made by Commissioner Brice that the minutes be approved as read. The motion was seconded by Commissioner _ Zenobia, and the.roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes City Attorney Walden requested that at this time the Commission consider Item #5 on the Zoning Board Recommendations, which con- " cerns the application of Lou Maty. for a variance permit to install 2 double gasoline pumps in connection with a car wash business. He requested a Public Hearing before the Commission for October 17, 1966. A motion was made by Commissioner Young to grant a public hearing for 8:15 P.M., October 1Z,.1966. The motion was seconded by Com- missioner Zenobia, and' the roll being called, the Commissioners voted as follows: 'Brice Yes Salvino Yes Young Yes Zenobia Yes Adams! Yes; ` ORDINANCE: Rezoning Blocks..5, 71 & 9, North Wyldwood Park; from existing zoning classifications to M-1-A zoning classification.. ` (Third Reading) City Attorney Walden read the Ordinance entitled: AN ORDINANCE regoning Blocks 5, 7 6 9 of North Wyldwood-Park,' according to the plat thereof recorded in. the Public Records of Broward County Florida, said lands-situate lying and being. in Broward County, Florida,"from existing zoning classification to M-lA Classification. A motion was made by Commissioner Zenobia.that the ordinance'be ipassed on third and final reading. The motion was seconded by Commissioner':Ycung, and the roll being called, ,the Commissioners voted as follows: �- , • '., _ ' ,.to w'.N Jo..;,.u.,. .. ?r p}Nr Brice Yes Salvino Yes i Young Yes Zenobia Yes Adamso Yes ORDINANCE: Approving the plat of Galman Subdivision. (Third Reading) City Attorney Walden advised that the City has not yet received the bond, therefore he suggested that this be tabled. A motion was made by Commissioner Young that the ordinance be tabled. The motion was seconded by Commissioner Salvino, and .the roll being called, the Commissioners voted s follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes ORDINANCE: Levying a tax upon admissions sold by any per- manent outdoor recreational park licensee who is licensed to operate within the corporate limits of the City of Dania (Second Reading) City Attorney Walden read the ordinance entitled: AN ORDINANCE levying a tax.,upon admissions sold by' any per- manent outdoor.recreational-park licensee who is licensed to operate within the corporate limits of the City of Dania, fixing the amount of said tax and imposing upon said licensee the burden of adding said tax to the cost of each and every ticket that is sold and of, the length of' same, and authoriz- ing the MayorrCommissioner, City Manager, City Clerk-Auditor of the City of Dania,Florida to enter into agreements with any permanent outdoor recreational park licensee consistant with the terms of this ordinance concerning the levying and collection of such taxes, and .providing that all ordinances or parts of ordinances in conflict with be repealed to the extent pf such conflict; and providing that this ordinance shall become effective as of its passage and-adoption on third reading. A motion was made by Commissioner Young that the ordinance be passed • on second reading. The motion,was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes ORDINANCE: Governing the posting of political signs within the City Limits of the City of Dania, Florida. (Second Reading) ® City Attorney Walden read the ordinance entitled: AN ORDINANCE governing the posting of political signs within the City limits of the City. of Dania, Florida; and, providing for the issuance of a permit 'from the Chief of Police autho- rizing the posting of such. signs and providing that an,appli- cant for such permit shall give cash bond conditioned to re- move such signs, and repealing all ordinances or parts of orb , - " dinances in conflict herewith, and providing that this ordin- ance shall be in force and effect immediately upon its passage and adoption on third reading. A motion was made by Commissioner Zenobia to pass the ordinance on second and third reading since the elections are so near. The motion was seconded by Commissioner Salvino. City Attorney Walden read the ordinance again by title only. He • then suggested that the motion should read that the ordinance be passed on second and third readings at the meeting being held this date. " The motion was amended to read: • A motion was made by Commissioner Zenobia to pass the ordinance on second and third readings,at,the ''meeting being held on this date.. The motion was seconded by Commi s sioner' Salvino, and the roll being called, the Commissioners voted as follows:, Brice Yes • Salvino Yes Young Yes Zenobia Yes Adams . Yes BILLS FOR THE MONTH OF AUGUST to be approved for payment. • A motion was made, by Commissioner"•Zenobia that the bills be approved for payment. The motion was seconded by. CommissionercSalvino, and. the roll being called, the Commissioners voted as follows: Brice Yes • Salvino Yes Young Yes Zenobia Yes Adams Yes APPLICATIONS FOR RENEWAL OF Alcoholic Beverage Licenses for 0 1966-1967. APPLICATIONS FOR RENEWAL OF Night Club Licenses for 1966- 1967. - City Attorney Walden reported, with respect to the Club Aloha, "which , • is on both lists, from examination of the. application it is. found that the registered license.exists in the name of Mabel C. Biddle and Elizabeth Felker, whereas the application,is signed by someone else. It is his opinion (Attorney Walden) that the application must be signed- by the registered holder, so there can be .no action taken on that application, both the Liquor License,and the Night Club • License; and that the City Clerk be instructed to notify the holders that the application must be signed by the registered owners, or by someone who is lawfully authorized to sign on their behalf He sug- gested that a motion be made to. table the application and .take it. separately. Commissioner Brice: Along with that, I would like to move that we deny the renewal of the licenses of the Banyan Club and the Torch Club, both licenses. City Attorney Walden advised that on those two "I know of no legal reason not to renew them. I realize your strategy and .motive.9.It is a matter of law, the City can govern only such matters as hours • of closing and zoning. It is up to the .State Beverage Department to regulate the other aspects." A motion was made by Commissioner Zenobia to table the Club Aloha license, until the proper application is filed. The motion was se- conded by Commissioner Salvino, and the roll being called, the;Com missioners voted as follows: _3- . Brice Yes Salvino Yes Young Yes Zenobia Yes ® Adams Yes City Attorney Walden presented two applications as follows: NIGHT CLUB and LIQUOR LICENSES; • THE BANYAN CLUB & INTIMATE LOUNGE THE TORCH CLUB, INC. A motion was made by Commissioner?,Brice to deny renewal of the above licenses pending outcome of .the .State Beverage ,Control . A City Attorney Walden cautioned against such a move, .as the.appli- cants would then have ',a.right to bring a suit against the City. The motion died for lack of a second. City Attorney Walden then presented the list of renewals.•. A list of the applications for renewal of Alcoholic Beverage Licenses and Night Club Licenses, •1966-1967, is attached .to„and made a, part of these .minutes. LIQUOR LICENSES: . •• " A motion was made by Commissioner Salvino.that the Alcoholic. Beverage Licenses mentioned be renewed. The motion was seoonded,•by, Commis� . sioner Zenobia, and. the, roll being called,, the-Commissioners voted7. as follows:., Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes NIGHT CLUB LICENSES: • A motion was made by Commissioner Zenobia that the Night Club Licenses as listed be renewed. The motion was',seconded by Commissioner Salvino, Commissioner Young asked if the"Jack}s or Better" was the same one that came up before, as "Mario's Restaurant" City Clerk Thornhill replied that the Night Club license is ,still iri the name of "Jack's or Better". F Attorney Walden advised that, in his opinion, the Night Club license..:•, should follow the regular Beverage license, and when you transfer a beverage license, the record should, be. changed as to ,the night club license also. He suggested that the records be corrected. Commissioner Zenobia requested that the motion be clarified to call it "Mariots" instead of "Jack}s or Better!' . k: The roll being called, the Commissioners voted as; follows: ' Brice { Commissioner Brice: I will clarify my .vote, I.will vote "Yes!', on all except the Banyan Club and the Torch Club Salvino Yes f1 _ Young Yes Zenobia Yes . S"ve Adams Yeslo '' cr ,. r r, 9 , ,• a,ti-. N .,ia� APPLICATION FOR TRANSFER of 2 COP License from Carolyn DeCesare to Jean ,Lurchin,. the Hut ,Bar, 329 S. W. 13th St. (Second Reading) A motion was made by Commissioner Young to approve the transfer on second and final reading. The:motion was seconded by Commissioner Salvino, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes CITY MANAGER1S REPORT: City Manager Goldbergy presented a request from Broward County: Traffic' Association for the $400 renewal of appropriations to said association. It is provided for in the budget. A motion was made by Commissioner Brice to approve the appropriation. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes , .. Zenobia . Yes Adams Yes City Manager Goldberg reported that he wrote '.to the Broward County Area Planning Board requesting a Federal Grant for the City.,of Dania to assist the City in the purchase of,a Water Tank "Necessary,to pro- vide the additional capacity and pressure on the East Side,of Town" .' Said tank is proposed to have a capacity of approximately 11000,000"-n ' ;. gallons at a cost of approximately.$260,000,.00'. City Manager Goldberg then presented a second letter to the.Broward County Area Planning Board requesting a;Federal Grantl'which would fall under the resolution :pertaining-to Open, Space;Program'." This. request is for help in the acquisition of open space along the beach, starting at the North end of Dania Beach City Limits and going North towards the County Beach toiwhatever' extent is practical. City Manager Goldberg stated that he understood that both these" ,... . . matters would come up before the Broward County Area Planning Board. City Managexi'Goldberg stated that, in: regards to Dixie Highway con- E. struction, they have received a letter from the State Road Department' ( saying that there are two right-of-way matters that have to be taken. care of by the. City. One was- the clearing of the right-of-way in re- gards to Stuart's Garage, the>other ewas. the right-of-way at S.W: ,2nd , Avenue. He has discussed this-.matter with the property owner;there, _ and they feel that in consideration of; all this radius that"the.State is asking for, that some considerition' should be.made to them... 'It was' . suggested that approximately $300 would be appropriate for the dedica- tion of that radius. This would requive,•a ,motion for a resolution. . A motion was made by Commissioner Brice that the City Attorney prepare a resolution to pay $300 for the radius at Second Avenue and. Dixie Highway. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes ` Zenobia Yes .,. Adams Yes City Manager Goldberg read a letter from Hollywood Ford regarding two garbage packers recently replaced '.by two new units,, in which they suggested conversion of these two units by the City for other purposes. It was suggested that one could be converted to be used as a trash truck while the other could be put .into service as a chip A truck without too much expense: Phil Heller then appeared before the board again to request,per- mission to construct an artificial reef around the pier. Commissioner Brice asked Mr. Heller if this has been presented to the Erosion Advisory Board. Mr. Heller replied no, but it would be subject to all that. Commissioner Brice suggested that he shoul&take. it to the Erosion Advisory Control Board2'.then""You will know the status 'of it before we take action.on it-., . Because, frankly, Iddon't think those plans will be approved." RECOMMENDATIONS FROM THE SEPTEMBER.`13 "meeting of, the Planning and Zoning Board. Public Hearing: John T & Dorothy Wandrum, 7:45 P.M. Request permission to build a 3 bedroom home plus , efficiency on R-1 Zoning. Legal: .Lot 11, Block 1, South Dania Heights -`. Address: 210 S. E. 5th Street A motion was made by Mr. Jackson to recommend the .variance be`granted. The motion was seconded by Mr. DiMauro, and carried unanimously. A motion was. made by Commissioner Brice to authorize a.Public:Hear= ing to be held on October 17; 19661 'at 8:30 P.M;. ' The motion was seconded by Commissioner Salvino, and the rol7vbeing called,! the Commissioners voted as follows: Brice Yes .Salvino Yes y Young. , Yes Zenobia . Yes Adams Yes. Public Hearing: Harry Zimmerman. 8:00 P.M. Request vari- ance permit to add-studio accessory 'building-"to utility room of main building,and:to have a ,10 ft. 'setback from alley. Legal: Lot 13 '& easterly 21'; of' Lot ,12, ;B1ock 3 Dania ' Beach Subdivision Address: 250 S.,.E...Park Street A' motion was made by' Mr. Jackson recommending variance" be granted. The motion was seconded-by Mr.,DiMauro,' and �.. carried unanimously. i A motion was made by Commissioner Salvino to authorize'a Public . Hearing to be held October 17, ,1966, at 8:45-P.M.` The motion was seconded by Commissioner Zenobia, and the roll being_called, .the commissioners voted as follows: ." Brice Yes. Salvino Yes _ Young Yes ` Zenobia Yes ;,- Adams t:.:. -6- I r I Kr t 3 . Elmer Lish: Request approval of Plot plan for CBS building and living quarters. Legal: Address: 1702 N. Federal Highway 0 A motion was made by Mrs. Panella to recommend the plan' be approved as presented. The motion was seconded by Mr. Jack- son and carried unanimously. Commissioner Brice asked, in the matter of the dedication of the right of way there, would the Commission be in order to ask for that dedication before approval of this. City Attorney Walden stated that they have that right. A Motion was made by Commissioner Brice that this be tabled until we can investigate the dedication of the property as to the right of-way. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes CITY ATTORNEY'S REPORT: City Attorney Walden advised that at the meeting of August 18, 1966, they adopted a resolution setting a tillage rate for the coming year of 4.11 mills, which was based on some figures that the tax assessor furnished. After those figures were furnished to them, and after they adopted resolution No. 1731, the county Tax Assessor revised his figures. As a result, the ci.tiets millage is very slightly in excess of what is legally recommended. The millagn which was set is 4.11 mills, and the maximum rate that they can follow is 4.057 mills. It makesia total difference of $1,300.00 in the budget. In order to be technically correct, .he suggested that,they adopt a resolution amending the earlier resolution by reducirig the millage to 4.057 mills. He then read the resolution amending Resolution No. 1731. He advised that, as a' result, ,they will have to reduce the total expenditures and total appropriations by approximately $1,300.00. It`was •suggested that it. be, taken from "Special Projects" . A motion was made by Commissioner Young that the resolution amending resolution 1713 be adopted as`read,,•reduci.ng the millage to 4.057 and adjusting it be reducing the estimated expenditures "Special Fund Ts" project approximately $1,300.00. The motion was seconded by Com- missioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes City Attorney Walden presented a resolution concerning an alledged ® encroachment on property owned by Mr: J. P. Stuart, Stuart's Garage, The State Road Department claims that a part of Mr. Stuarts garage building encroaches into the existing right of way along Old Dixie Highway. The property has been involved in much dispute among local surveyors, some claim the encroachment exists and some do not. He stated that Crouch Brothers had previously given an estimate of what ® it would cost to remove that portion of the building that is encroach- ing on the right of way. The Commission authorized him (Walden) .to. write up the contract, or do whatever is necessary tc contract with Mr. Crouch to have the encroachment removed. He further stated that in order to contract with Mr. Crouch, they would first have to adver tise for competitive bids, secondly, they would have to get involved y, in some contracts with Mr. Stuart. -7- City Attorney Walden further advised that they would have to have plans and specifications. The simple way to handle the matter is simply to pay Mr. Stuart $1,075.00, and under this plan he can contract with whoever he wants to, and we can also get a guaranteed • estimate from Mr. Crouch.that he will do it for that price. City Attorney Walden then read a resolution to that effect, entitled: A RESOLUTION concerning an encroachment into the public right-of-way from, Lot ll,. Block 20, North Hollywood', according to the 'plat thereof recorded in Plat Book 4, • Page 1, Public Records. of Broward County, Florida, said lands situate, lying and being'in Broward County, Florida, and authorizing the payment of $1,075.00 to J. T. Stuart and Ella M. Stuart, husband and wife,*when said encroach- ment is removed; and repealing all resolutions or parts of resolutions in conflict herewith; and providing that this • resolution shall become effective as of the date of its passage and adoption. A motion was made by Commissioner. Zenobia,,that the resolution be drawn and adopted. The motion was seconded by Commissioner Brice, and the roll being called, the, Commissioners voted! as follows; Brice Yes Salvino Yes Young Yes Zenobia . `' Yes Adams Yes City Attorney Walden reported that; concerning the sewers, the contract between the City and M B Construction Company requires that M B Construction Company furnish what is known as a Completion Bond, which in effect guarantees the completion of the contract and the payment of all bills. That bond was registered through an • insurance company of Keane, N. H.., known as Peerless Insurance Co. ' . . Peerless is evidently,aware of the delays in the contract, and they have obtained another firm to act on their behalf in doing whatever is necessary to complete the work. He stated that the law firm has informed him (Walden) in 'a number, of telephone conversations that they will do whatever is necessary to. get the job finished'. He • further said that they (the law firm) has retained an`engineer in Fort Lauderdale, Davis E Craven, to advisethe insurance company what is necessary to complete the job.' ,He',stated that Davis b Craven are working very closely with the City Engineer, Mr. Philpott. As of this day, M B is still on the job, but he has behind him'. the company-who wrote the completion bond for the city. Mr. Walden then read a letter from Memorial Hospital Aiociliary, add- ressed to the Mayor and City. Commissioners, asking for permission to solicit funds in the City of Dania to supply Memorial Hospital with' a Coronary Unit. • A motion was made by Commissioner Brice that the request be granted. The motion was seconded by Commissioner Zenobia• Commissioner Young asked if they would include in the motion that the solicitor's fee be waived. • It was agreed to include it in the motion. The motion now reads: A motion was made by Commissioner Brice that the request be granted, and the solicitor's fee be waived. The motion was seconded by Com- missioner Zenobia, and the roll being called, the Commissioners voted as follows: O R; sc , J NIGHT CLUB LICENSES TO BE P.EI:: CLUB AL OHA THE BANYAN CLUB Ai:; COZY COVE MARINA, DANIA BEACH HOTEL HERMAN'S WAYSIDE :i: GLOW'S HI LI LOUFI( CAPRI LOUNGE JACK'S OR BETTED THE NEW KATHERINF, TORCH CLUB, INC. THE VIKING RESTAU: RENEWAL OF ALCOHOLIC BEVERAGE LICENSE F 4 COP Frank Heinrich Willoughby M. Tallent Florence A. Glow Jack Valentine Torch Club, Inc. Mabe C. Biddle & Elizabeth Felker Mario's `Restaurant Rosemary Verrecchia Borst 3 PS Max Phillips, Inc. 12 RT Florida Sportservice, Inc. 2 COP Clarice Taylor Mary Wagner 2 APS Richard M. Robinson Horace 0 Margaret McCutcheon Y • c l; Xy. 4�,