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HomeMy WebLinkAbout86051 - MINUTES - City Commission m MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD MAY 2, 1966. The City Commission of the City of Dania, Florida, met. in Regular Session in the Commission Room at the City Hall. 6 Present were: MAYOR-COMMISSIONER JA14ES G. ADA14S COMMISSIONERS GUS S. BRICE FRANK SALVINO S. ELLIS YOUNG (Excused) CARL ZENOBIA • CITY ATTORNEY CLARKE WALDEN ACTING CITY MANAGER MARY THORNHILL CHIEF OF POLICE MONTIE SMITH BUILDING INSPECTOR CHARLES LINDEMAN (Excused) CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Adams, after which Invocation and Pledge:of Allegiance were held. Acting'City. Managers.Thornhill:reported::that Building.Inspector Lindeman asked to be excused. Mayor Adams reported that Commissioner Young asked to be excused. Minutes of meeting held April 18 to be approved. " A motion was made by Commissioner Zenobia that the minutes be approved as read. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Zenobia Yes Adams Yes. City Attorney Walden informed the.Commissioners that Mr. Farina of Broome & Farina will not have the.Tentative Apportionment Roll ready as he had expected. It ,will probably be another couple of weeks before he has it ready;. th&refobe' it will not be ready for a Public Hearing on May 16 as previously'reported: Attorney Walden suggested �. holding the Public Hearing the first meeting .of June.'- Notice of hearing for objections to the Assessment List cover- ing Local Improvement No: ,1765, being the paving of S.W. 7th Avenue and S.W. lst Street: (8:00 P.M.) ' NOTICE IS HEREBY GIVEN that the assessment list covering Local Improvement No. 1-65, being.,the paving of S.W. 7th Avenue and S.W. lst Street,, has, been delivered to the City ?' Auditor and Clerk and is open l6r inspection at the office of the City Auditor and Clerk in the .City Hall, City. of �. Dania, Florida The City Commission will meet .,in the;City Hail, City of Dania, Florida, at 8:00 PM. on the 2nd day of May, 1966, to hear and determine any objections or defenses that may be filed to such assessments 'or, the amount thereof. ' Press - April 8, 15, 1966 . A Mayor Adams called for objections. There were no objections. Attorney Walden read the resolutiorf entitled: A RESOLUTION approving and confirming the Special Assess • ments for the construction of Local. Improvement No. 1-65, ' .: and concerning the methods of payment thereof and repealing all resolutions in conflict herewith and providing that this Resolution shall'-become effective as of the date of. passage and adoption. a 1 ® A motion was made by- Commissioner Zenobia that the Resolution be passed° and adopted. The motion was seconded by Commissioner Salvino, and the roll being called, the ,Commissioners voted as follows: Brice Yes` Salvino Yes " Zenobia Yes Adams Yes Application for transfer of 2 COP License from 10. 0. Stephens to Christina McCormack, Shamrock Bar, 2357 North Federal Highway. (Second Reading) Application for transfer of 4 COP License from Fred G. Thompson to Emile LeMerdy, Dania Country Club, 400;East ' Dania Beach Boulevard. ('Second Reading) Application for transfer of 4 COP License from Loie McMahan to Florence A. Glow, Glow's Hi-Li Lounge, 26 West Dania Beach Boulevard. (Second Reading) A motion was made by Commissioner Brice that the transfers be ap- proved on second reading. The motion was seconded :by Commissioner,- Zenobia, and the roll being.called, the Commissioners voted as follows Brice Yes Salvino Yes Zenobia Yes Adams Yes Application for transfer of 4 COP License from'Elizabeth . ., Sessa to John Logan"Henschen, Dania Bar, 1435 South Fed eral Highway. (First Reading) Chief Smith stated that he had not finished,his investigation`of the applicant; however, he recommended they pass it on first read- ing to give him more time to investigate:: . A motion was made by Commissioner Salvino to approve the.applica tion on first reading. The motion was seconded by Commissioner Zenobia, and the roll being'called, the Commissioners voted as . follows: Brice Yes .Salvino. Yes Zenobia Yes Adams Yes City attorney Walden presented another application and explained that, concerning the license of the Capri Lounge, the license'•is in the name of Rosemary`Verrecchio, and the name is Jack's Bar Mrs. Verrecchio-wants herUicense issued.in her present name, 'which,' , '' is Rosemary Verrecchia, Borst, and she also wants. the name changed' ., to Capri Lounger This, is a change of. name.of .business-'and change of name of owner without there being any tiansfera involved. ' He . stated that Mrs. Thornhill asked about. the fee..-Urany, involved ? - Since this is not actually a transfer, there would be ,no'tzansfer fee. A motion was made by Commissioner Zenobia .to ,approve .the transfer in names, without a fee. The motion was seconded by Commissioner, Salvino, and the roll being called he' Commissioners voted as follows Brice Yea':• Salvino Yes . Zenobia Yes 4 Adams Yes r , 1I; _ .. � t . :•�'1 .Z., ._ f..ry.i�'t t'J, . l.t Gi . Public Hearing: 8:15 P.M. For the purpose of considering the application of Pirate Ports of Florida, Inc. , to rezone the NE4 of the SW4 of the %44 of Section 2-51-42 from existing zoning classifi- cation to A-1 zoning Classification. NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, shall conduct a public hearing at 8:15 P.M. , Monday, May 2, 1966, at City Hall, City of Dania, Florida, for the -purpose of considering the application of Pirate 'Ports of Florida, •Inc. , to rezone the following described real property,; to wit: ' The N.E. 4 of the SW4 of the SW4 of Section 2, Township. 51 South, ,Range 42 East, Broward County Florida, (said property. is located generally North of Sheridan Street between US #1 and the Intracoastal Waterway-in the City of Dania, Florida.) from existing zoning classification to A-1 zoning classifi- cation under the code of ordinances of the City of Dania, , Florida. All persons objecting to the adoption of such an ordinance should appear at the aforesaid meeting to present their objections. Press -- April;'15, 22; 1966: Mayor Adams called for objections . Those objecting were: Robert Houston asked if'the City has obtained the easements. Mayor Adams replied that he didn't know of any easements to secure. Commissioner Brice replied that the water lines and fire hydrants have been worked out, according to -Chief Lassiter, with his approval. A motion was made by Commissioner Brice to pass it on three readings. The motion was seconded by Commissioner Zenobia• 91. There followed some discussion between the City Commission and Mr. Houston regarding the issuance of permits. Mr. Houston stated, that there have been building permits issued by the City on the portion ' that is in question. Commissioner Brice: . Mr. Houston, we -respect your knowledge of this, but after all, we have, to go by the surveyor andthe Engineer and the Plat plan, and that is what we have,been,advised by and that is the reason we are passing it. Acting City Manager Thornhill read.a letter as follows: "Honorable, Mayor, & City Commission,. City of Dania, Florida: Re: Proposed change of. zoning, Pirates Ports of Fla. , Inc. �.' Gentlemen: _ We are advised that'a hearing will be held before you on May 2, : , 1966, at 8:15 pm on the application for approvement of change of residential zoning to A-1, which Would permit a commercial recreation.-amusement park. On behalf of Hollywood, Inc. , the owner of the property in the :immediate Vicinity of the above property we wish to protest and object to such contemplated change of zoning, on the grounds including the following: (1) The proposed change.of zoning' contemplates a plan for a large amusement park center for the purpose of attracting thousands of. people to. a vast amusement park, which reportedly will ,consist of Various carnival-type amusements, contrary to ,not ,only existing zoning but the actual use of surrounding property`of single family resi- ' deuces. - t . C. l (2) If such'use were, permitted, the great, amount of vehicu- lar traffic generated would constitute a hazard to the safety of students attending schools in the area, particularly Olsen Junior High School. i' (3) Use of the property sought ,to be rezoned for such a purpose would result in-,great amounts of noise, bright lights and other undesirable'featuresy' constituting a nuisance to nearby-residdnts,�of' single-family homes and would constitute both a public• and, private nuisance. (4) Removal of this property from single family zoning use would destroy,-the financial basis for the proposed payment of the present sanitary sewer stystem under construction. The cost of the sewer system is supposed to be paid for by special assessments,and, maintenance charges,,collected on single family'homesto be built in this'area :in the future. Without such homes and assessments there-would .be insuffi- cient funds to pay for the sewer, thereby causing a financial burden upon all citizens and .taxpayers of the City of Dania.. (5) All zoning, and the'refore,'.,re-zoning, must have a direct . relation to public health', `safety, morals and welfare of the general public. Each of these four principles ,would be destroyed and violated by, the contemplated change in zoning. (6) The legal conditions precedent to entertaining a pro'- posed change of zoning'have, been completely ignored. The writer of this letter,will'be out"of the State of Florida, and unable to attend the meeting, and we respect- fully request that this letter of protest be read 'and made a part of the minutes of the meeting of May 2, 1966. ' Respectfully, /s/. Sherwood Spencer " .,Other objectors were: Kay Demmerle, on behalf of Mr. & .Mrs. Sheerer Dave Howard objecting to noise,&location. He also .asked what is the City going to get out of it. . . Commissioner Brice replied that the City will get more revenue from this than they would get from the land,lying idle as it has been. "The actual revenue as projected will exceed .that which we receive from the Jai-Alai." He further added that the revenue. will be based on 5¢ a head, based on similar types of parks over the United States. ' Bob Houston asked if there has,'been any agreement on the 5G' a head. Commissioner Brice replied that it is being worked out. Mr. Houston asked why this is'.being passed on three readings. "Let's ' get the agreement drawn up' ind get .it signed': Commissioner Brice withdrew. his motion to pass it on three readings. Commissioner 'Zenobia withdrew his second 'to the motion. A :motion--was made_by Commissioner. Salvino to pass the ordinance on first reading and an agreement be'drawn up;by the City Attorney: The motion was seconded by dommissioner' Zenobia. City Attorney Walden read the ordinance entitled: AN ORDINANCE rezoning the of the SW�,of SW�,of Section 2, Township 51 South, Range 42 ,East, , said lands situate lying and being in Dania, Broward County, Florida, from existing zoning , '• classification to A-1 classification. The roll being called, the Commissioners voted as follows Brice No r ` ' Salvino Yes t ' .Zenobia ,YeS'. ,' I 'j- i; r , *-� ,n(., "Adams ' ' .Yest.. , ;j > .. . - r , p , IN Sealed Bids. 8:15 P.M. , for repairs to pavilion in City Park. Mayor Adams called for additional bids. A motion was made by Commissioner Zenobia that the bids be closed. . • The motion was seconded by Commissioner Salvino, and the roll being called; the Commissioners voted as follows: Brice Yes Salvino Yes Zenobia Yes • . Adams Yes The bids were read as follows: HUGH PALMER: $3,991.00 GRAMMER D KENNEDY: 3,612.75 • '' BILL HOTS: 3,990.00 Commissioner Zenobia questioned whether the building was worth the cost of pepairs. A motion was made by Commissioner Zenobia to reject all bids. The motion died for lack of a second. A motion was made by Commissioner'Brice to turn the bids over to the City Manager for tabulation, study and recommendation. The motion was .seconded by Commissioner Salvino, and the roll being called, the • Commissioners voted as follows: Brice Yes Salvino Yes Zenobia No Adams., Yes Lester L.-Crone, application for taxicab license. Chief Smith stated that he checked the application out thoroughly, and he approves it. •: A motion was made by Commissioner Brice to grant the license. The motion was seconded by Commissioner Salvino, and the roll being ejI called, the Commissioners voted as follows: Brice Yes Salvino Yes •' Zenobia Yes Adams Yes - Mr. 6 Mrs. Henry Anderson, request to pave N.W. loth Avenue from N.W. 7th to N,W. 8th Streets. City Attorney Walden informed the Commission that Mr. D Mrs. Anderson own a subdivision known as Anderson's Subdivision, and they have don- tacted Mr. Walden from time to time in the past several years about the paving in question. Mr. Walden advised that if they wish to go , ahead, they must advertise for objections as this will be done by special assessment, and adopt a resolution of Necessity tonight de • claring this to be necessary. He suggested June 6th for the hearing. A motion was made by Commissioner Brice,to adopt ,the Resolution of Necessity, and advertise for objections to the paving of N.W. loth Avenue, to be heard June 6. The�motion•was '.seconded -by Commissioner Zenobia,* and the roll being called, the Commissioners voted as follows • Brice Yes . Salvino -Yes- Zenobia Yes Adams Yes L , Correspondence: Acting City Manager Thornhill read a letter as follows: "Dear Mrs. Thornhill, City Manager, It.is with sincere regret that I must submit my resignation from the following City Boards: General Contractors Pension Civil Service ® My business activities have become very heavy and require my being out of town a good part- of the time. I don't believe an individual .should serve in name only. Best wishes for continued success and growth. Very truly yours, Dan Foley " . A motion was made by Commissioner Zenobia that. they. accept it with regrets. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes' . Salvino : Yes Zenobia Yes Adams Yes Acting City Manager Thornhill read a,letter' from Robert Markham, Tax Assessor; Broward County, regarding the reevaluation and re- assessment of property for the 1966 tax roll, as follows: •. Gentlemen: You no doubt have been informed our office has been ordered ' to revalue and reassess all property in Broward County for the 1966 tax roll. This has been ordered by the office of the State Comptroller as well as the Honorable 0. Williams.' I hereby wish to inform you that in view.of this, reassessment program which. will no .doubt effect the assessment roll, I am enclosing herewith a copy;of House Bill 2124, known as Chapter 65-258 of the 1965 Acts which became effective January 1, 1966. This act should be .carefully studied by your attorney at the time you set your budget for 1966, as it shall not be increased more than 10%, and with any increase in the system, the millage • for this year must be reduced -proportionately to the increase in the assessment. The reassessment program will not be completed until afterl July 7 and before August-1, so that it will be impossible to determine the exact millage until after that date. In any event, the millage cannot be 'increased more than 10% of the reduced millage provided for in this act. It is my. opinion that you should secure from your attorney his opinion 'upon the conditions in this act before your budget is authorized. Very trulyyyours,. Robert Markham, Tax Assessor, Broward County F No action. ORDINANCE: Approving plat of College Center. (Second Reading) Attorney Walden read the ordinance entitled: • AN ORDINANCE approving the plat of College Center, same being a subdivision of the S 151.501 of the SW� of the NW4 of the NPP4 of the NW'k of Section 3, Township, 51 South, Range 42 East, lying west of South Phippen Road, less that part included in the plat of College Tract Second Addition, as recorded in Plat Book 19, Page 19 of the Public Records of Broward County, to- gether with a parcel shown as "Reserved B", of -Block 12, of said College Tract Second Addition-.and repealing all. ordinances in conflict herewith and providing that this ordinance shall be in force and effect immediately.upon its final passage and adoption. A motion was made by Commissioner Brice that the ordinance be passed on second reading. The motion was seconded by Commissioner Salvino, and the roll being called, the' Commissioners voted as follows: ® Brice Yes Salvino Yes Zenobia Yes . Adams Yes Mr. H. C. Creighton, Outdoor Displays; Inc. , request permission to rebuild billboard signs in the City of Dania. Mr. Creighton explained that he has 3 structures in •the City of Dania that he would like to rebuild to .steel structures. .These present structures are wooden, which he' would like to replace with steel. City Attorney Walden advised that Mr. Creighton should start out with the Planning 6 Zoning Board, to.,get a variance permit. City Attorney's Report: City Attorney Walden advised that a representative of Walker Insurance Company contacted him regarding revising the insurance for the Dania Fishing Pier. He stated that a representative was in the audience. Mr. Ed Trombetta, representing Walker Insurance Company stated that the Dania Fishing Pier at this time is not insured. The Hurricane Season is approaching and he suggested that the City give some thought to coverage.for the pier. He stated that at this time of the year the rates 'could probably be reduced from 'what they were previously. He stated that he has done some research, and they could get the insurance written in the neighborhood of 3 years for about between $16;000.1_and $17,000. No action. City Attorney Walden stated that about a month ago Mr. Levy of New York Life Insurance Company suggested that he could present .a better pension plan to the City than the Provident Insurance co. , which they now have. He .stated that the Pension Committee would like to meet with representatives from both insurance companies along with the members of the City Commission. Mayor Adams suggested they try to work out a meeting for maybe this next Thrusday Evening. �'. Acting City Manager Thornhill stated that at the last meeting, Mr. Lindeman asked Mrs. Thornhill to'bring this up, Mr. John Leto had applied for a building permit for property he owned on S. Federal Highway, Bryan Addition. There was some question as to a restriction on a setback. Last December there, was a resolution passed waiving that I restriction. MT-2Lindemanrrequested an opinion from City Attor- ney Walden as to the issuance of the permit. City Attorney Walden replied that he would let .Mr. Lindeman know later. No action. ® Acting City Manager Thornhill advised that the Housing B Home Finance Agency in Atlanta informs the City that they_are eligible for an addi- tional grant for the Sewer Plant. The City can, now apply for $4,048 additional grant toward the Sewage Treatment Plant. They received the forms to be signed by the Mayor and.seturned to the Florida State Board , of Health for them to process and send on to Atlanta. i Acting City Manager Thornhill advised the Commission that the plans and specifications for Diesel Electric Generators for auxiliary power for Sewer Plant 6 pumping Stations have been prepared by Philpott, Ross. A t a 0 b Saarinen. They are now ready for advertising for bids, if the Commission wishes. Commissioner Brice suggested that they also advertise for the ® laboratory equipment necessary for. the same date. A motion was made by Commissioner Brice to advertise for bids on Auxiliary Equipment and Laboratory. Equipment for the Sewage Treat- ment Plant. Bids to be received June 6, 1966. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Zenobia Yes Adams Yes Acting City Manager Thornhill advised that since the last meeting they have received petitions from residents on S.W. 6th & S.W. 7th Streets, regarding the trouble.they have with dogs in that area. She presented the petition, signed by 20 persons. Commissioner Brice informed the petitioners that at the last meeting the City Attorney was asked to draw up a Dog Leash Law. As soon as it it prepared, it will be advertised for Public Hearing. Acting City Manager Thornhill reported that,, regarding the beautifi- cation project in the City of Dania, she received a check from Mr. A. V. Moninger, Chairman of tte Beautification Fund for Broward County, for $9b0 for trees planted along Federal Highway. She further reported that, regarding lights for the boat ramp at Houston Park, she signed an order one day last week for the instal- lation of 4 4500' Mercury. Vapor Lights for the boat ramps at Houston Park; at a cost to the city of $30.00 per year for each light. Mr. Gaston Camp, 234 S.W. 6th Street, requested the City install a light on S.W. 6th Street in the middle of the block. He stated that he will donate his property,' Cecil Cooper, and Collins across the street will also donate their property.to put a light there. Chief Smith agreed that there is a dark spot on that street, 'and agreed that they do need, a light there. Acting City Manager Thornhill stated that she would contact Mr. Fried of Florida Power ,& Light and 'work out. something.: Phil Heller, operator of the Dania Fishing Pier, complained .that the portion of the parking lot set aside for Fishermen is being used for people on the beach. Chief Smith stated that he told Mr. Heller two days ago that he would work out something. Mr. Primos, representing West Side Park; asked when something is going to be done. He stated that some time ago they presented a list of things they wanted, and they:'were'told that it would be taken care of. "The only thing that has been taken care of is that we got two loads of clay and the post was moved from the basketball court." Commissioner Zenobia replied that they sent over a table and chairs, they fixed the ping-pong table, they got the clay.for the field, they put fill in the outfield, fixed the lights, they pulled out the pole in the basketball court and filled in the hole. 'Mrs. Thornhill added that they installed some lights in the. patio that was enclosed, they built a planter, in there, put flowers in, plants and shrubs, they put in two loads of clay. As. for the resurfacing of the ' basketball court, .they have had .two bids on it which amount, to more than $500, so it is up to the. Commission whether they want to go. ahead. Mrs. Thornhill further stated that since May 20, 1965, the City has spent $5,126.58 through March 30, 1966 for West Side Park improvements. There was $5,000 put in the budget for 1966, and through March 30, they have spent $1,926.00, for chairs (12) , 2 tables for recreation 0 room. Mrs. Thornhill further reported that the County Recreation Department has promised some additional lights for the park, they will be installed 'as soon as they are received. Mr. LaCroix has ordered new lights to replace the ones that are burned out, and they will be put in place as soon as they are in. • Bill Brooks complained about the Sewer. Contractor, specifically in regards to the blacktopping of 'the streets. He stated that the radius on the streets is bad, and the streets are, breaking down. Commissioner Salvino asked Acting City Manager Thornhill what. is being . done about Dixie Highway. Mrs.- Thornhill replied that they'are having trouble trying to acquire the right of way at the intersections of' S.W. 2nd Ave. b Dixie Highway and Federal Highway and Dixie Highway. She stated, that Mr. Beaver on S.W. 2nd Ave & Dixie Hwy is reluctant to give the City the radius on that intersection until such time as he finds out.what the outcome of the sewerrprogram will be.:. He would like .to sit down with the Commis- sioners and the City Attorney after the hearing on service charges and see if they can:work out something. The lady'who owns.the property at the intersection of. Federal Hwy and Dixie Hwy is in Europe at,the pre- sent time. Urs..Thornhill stated that they are still working on it. Commissioner Zenobia stated that there is water in the parking lot in front of the Marine Aquarium at Dania Beach. He asked Bill Carney if he has found out where -it is coming from: Mr. Zenobia felt that it is.coming from the Aquarium, and it should be looked into. Commissioner Zenobia further stated that,' iegarding the parking lot at the beach, the State Road-Department said they would fix it; also the broken seawall is still there. Acting City Manager Thornhill stated that she spoke to Bob Davis re- garding this, and' he .said that if •the-City.would write, them, a letter asking them to cleanup that area they would do that. The letter has ,. been written, but no answer has,been received. She stated that she would try to call them tomorrow and' fin d out: Acting City.Manager Thornhill stated that Luther` Sparkman has informed ' > the City that he has obtained all the easements that he could 'in connec tion with the Sanitary ,Sewer Program:, He-has turn ;d his books,over to the City. The Auditors;have audited the books;:,and they transferred the balance of his account baW into the Misc, ellaneous, Contingency Fund.. She asked if the Commission would, likelto relieve•him of his position. A motion was made by Commissioner Brice to relieve Luther Sparkman.of his position of Right-of-Way'Agent,for the .City of Dania.. The motion was seconded by Commissioner Salvino; and_the- roll being called, the Commissioners voted as follows: Brice .Yes Salvino Yes' Zenobia Yes V Adams Yes There being no further business, the meetingladjourned. ..3,, ` James G. Adams ary rt ornhill Mayor-Commissioner -9 City Clerk-Auditor )t. . it '�' } f1S•i. 0 1 i1 ss°.Fa��. r `