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HomeMy WebLinkAbout86167 - MINUTES - City Commission • ,r 0 • MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD OCTOBER 19, 1964. 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 VERA L. HILL ROBERT L. GRAMMER VIRGIL L. TARPLEY S. ELLIS YOUNG CITY MANAGER LESTER E. CULVERSON • CITY ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE F. SMITH BUILDING INSPECTOR CHARLES LINDEMAN CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P,.M. by Mayor Hill, • after which Pledge of Allegiance to the flag and invocation was held. 1. Minutes of meetings of September 21 and September 30. A motion was made by Commissioner Tarpley to approve. the min- utes. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Young Yea • Hill Yes 2. Ordinances: Annual Passes for Fishing Pier. (Second Reading) AN ORDINANCE establishing an annual charge or an annual price for an annual ticket at $35.00 per • ticket for persons over 60 years of age using the Dania Fishing Pier, Dania, Florida. City Manager Culverson: In the meantime, the Council has in- formed me that we should bring that price down to $35,00 for all adults. • A motion was made by Commissioner Young that the Ordinance be amended to read "all annual passes to be $35.00 per year", and passed on Second reading. , The motion was seconded by Commis- sioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley. Yes Young Yes ' Hill Yes 3:' Ordinance: Establishing a Pension Plan. (Third Reading) AN ORDINANCE establishing and adopting an actuarially sound retirement and pension plan for all employees of the City of Dania, Florida; . and repealing all or- dinances or parts of 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 Tarpley that the Ordinance be passed on third and final reading. The motion was seconded by • Commissioner Young. ,1 -1- • Commissioner Grammer: I have a question about the Pension Plan, but Mr. Wall is not here to answer that question. Can we hold this by for now until I can see Mr. Wall? The motion was withdrawn by Commissioner Tarpley, and the • second to the motion was withdrawn by Commissioner Young. Mayor Hill: I suggest that we table this until we can get in touch with Mr. Wall. 5. Public Hearing: For objections , if any, to the paving of • S. W. Second Terrace, from Phippen Road to the Railroad, and S. W. 7th Terrace, from Phippen Road to the Railroad. (8:05 P.M. ) Mayor Hill called for objections. • Mr. Elmer Nitsche, owner of property in area, objecting to estimated cost of improvements. Commissioner Grammer: That cost is for both streets, not one. 6. Resolution of necessity. • A RESOLUTION OF NECESSITY declaring the necessity for paving of S. W. Second Terrace from Phippen Road to Railroad, S. W. Seventh Terrace, from Phippen Road to Railroad; and repealing all reso- lutions or parts of resolutions in conflict here- with; and providing that this rilsolution shall be- come effective upon the date of its passage and adoption. A motion was made by Commissioner Grammer that the resolution of necessity authorizing the paving of the streets described • in project identified as Improvement 6-64 be adopted , and authorizing the advertisement for bide for November 16" ,1964. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes • Tarplay Yes Young Yes Hill Yes 7. Public Hearing: Application of Billups Eastern Petroleum Company for a variance permit to demolish and rebuild a • gasoline service station at 1475 South Dixie Highway. No objections. Mr. Harry Touby, representing Billups Eastern Petroleum: The Planning and Zoning Board recommended unanimously to approve this request. However, I would like to ask your consideration, if I may, on the request not to install a sidewalk at this time. It would go nowhere, and it would be wrong as far as any eleva- tions if any street widening would take place. The second point that we would request would be to allow us to put the flood light, poles and sign poles out on our own property but to the • front line of the set-back, so that they will light up the ap- proaches when a car comes in off the highway. I have a letter from Billups stating: " On behalf of Billups Eastern Petroleum Company I would like to confirm that we are in agreement with the 11 foot setback to be dedicated for road surfaces ; and, also, we are agreeable to the 15 foot outer easement on the North side of the property. /a/ Mr. Cook, Executive Vice-Pres. I' -2- 0 This letter was originally sent to Mr. Lindeman on September 17, 1964. A motion was made by Commissioner Young that the variance be granted with the stipulation of the dedication of right - of- way of 11 feet and the provisions for the 15 foot easement. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes • Young Yes Hill Yes A motion was made by Commissioner Young to waive the provisions of Ordinance 492-A, regarding sidewalks, until determination is made by the State in regards to widening of the street. The • motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows : Grammer No Tarpley Yes Yes • Hillg Yes 4. Ordinance: Approving a lease agreement with owners of Marine Aquarium. (Third Reading) Commissioner Young: Mr. Weston, I would like to ask you a • question. This Marine Aquarium calls for an area of 400 feet to the West. Would your client have any objections to making that 385 feet instead of 400 feet? Let me explain why first, then there will be no misunderstanding. There is a proposal under way for a bridge and access roads to the County Beach. If we leave it at 400 feet we are going to be within l0 feet • of their right-of-way. Mr. Weston: I believe that 385 feet modified from 500 feet would be perfectly acceptable. • Commissioner Young: Also , they need 15 feet of working space. Would it also be agreeable with your client to allow them, during the time of construction, which I understand would not be in excess of 12 months, to use an additional 15 feet? I assume that if for their drag lines, bull dozers, etc. • Mr. Weston: That, also, is perfectly satisfactory. Then that would be modified to read 385 feet and easement of 15 feet for purposes of road construction for a period of one year. Bob Houston: This area runs past the sea wall. Is the sea wall going to be continued down there? • Attorney Walden: Why don't we put it this Way. . .that the tenant will restore all existing sea walls and all existing sidewalks, and shall then keep and maintain all improvements on the demised premises in good condition. Bob Houston: I have never seen the Ordinance, but I did hear you mention parking. What was it on parking? Attorney Walden: Basically it is a 200 automobile parking space being provided and used solely for the parking -of motor vehicles, and it is specifically agreed that the lessor (that is the City • of Dania) may in its--,discretion place parking meters thereon, so long as there is a provision for at least two hours of parking on each meter's dial. The description says the City will furnish parking for 200 automobiles. • -3- r. o • Bob Houston: I have another point that is very important. You are leasing to Marine Life of Florida, correct? Who is Marine Life of Florida? Is it a corporation? Attorney Walden: Yes sir. • Bob Houston: Who is the corporation? Do you know? Have you investigated the Marine Life of Florida? City Manager Culverson: We have a letter. o Bob Houston: You have a letter from who? This is a corporation that was formed just a short time ago. Who are the stockholders in it? How responsible are they? Commissioner Young: All you have to do is write a letter to Tom Adams and he will tell you anything you want on them. • Bob Houston: He will tell you up to a point. Have you been that much interested in this to write and find out who that corporation is? You are giving them a 20 year lease. Do you have a letter from them? o City Manager Culverson: I have one down in the files, when my secretary comes in I will have it. Bob Houston: If you have a letter you should be able to tell me who the stockholders are. Here you airs doing something that I never heard of from a City before, entering into a lease for 20 • years, ;with no security of any hind, not willing to find out any of these things or anything else for $3,000 lease. Commissioner Young: A minimum of $3,000. a year. City Manager Culverson: Mr. Houston, I think you are wrong to. • say $3,000 a year. They estimated, and they put it at a conser- vative figure, approximately 150,000 people the first year and possibly in two years to go to 250,000. Figuring that each per- son that comes into this town of Dania will drop approximately a five dollar bill in there you have approximately a million dollar impact on the City of Dania. So it is not $3,000. It • is erroneous figures that you are handing out to these people. Youve got to also figure the fact that they will have around 35 men working year around. Those men have to buy homes. And' again our real estate and our economic impact comas into being. So I think your $3,000 is an erroneous figure. • A motion was made by Commissioner Young.to pass the ordinance on third and final reading„also, to adopt and approve the lease agreement. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes • Tarpley Yes Young Yes Hill Yes Note: Since Mr. Mike Wall is now present, the City, Commission is going back to item No. 3: Ordinance establishing a Pension • Plan for City Employees . (Third Reading) . Commissioner Grammer: What will this cost us next year with the same amount of employees? Mr. Myron Wall: We have used the figures on the number of pepple • working as of October 1st and we used the present salary of these. We are anticipating 38 employees. If you have no quits, no body dies, and no body becomes eligible for their, pension next year, the price will be the same. r : -4- • 0 0 ® A motion was made by Commissioner Tarpley to pass the ordinance on third and final reading. The motion was seconded by Commis- sioner Young, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Young Yes Hill Yes 8. Recommendations from the October 13 meeting of the Planning • and Zoning Board. (3) Public Hearing - 7:45 P.M. : To consider request of zoning lots I thru 9 - Shelter Island 3rd Addition. Address of property being the 1300 Block of N. W. loth Street in Dania. Zoning request from BI to R-1 Classi- • fication. Motion was made by Mr-.:.Jackson and seconded by Mr. Rick- ards that recommendation be made to grant approval of variance from B-1 to R-1 Classification. Motion unani- mously carried by roll ball vote. • A motion was made by Commissioner Tarpley to accept the recom- Mendation of the Planning and Zoning Board, and to advertise for a Public Hearing for November 16, at 8:05 P.M. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as" follows: • Grammer Yes Tarpley Yes Young Yes Hill Yes • (2) M. L. Smith - Owner of Ideal Trailer Coort - request permit to build a 201 x 401 recreation room and office at 2606 North Federal Highway, Dania, Florida. Since M. L. Smith, owner, was not present in his own behalf, Mr. Jackson moved that this request be tabled until such time as an officer of the trailer park could be present. Se- conded by Mr. Rickards. Carried by Unanimous roll call vote. A motion was made by Commissioner Young to grant his request with the provision that all things necessary to meet with the approval of the Building Inspector are complied with. The mo- o tion was seconded by Commissioner Tarpley, and thd,roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Young Yes • Hill Yes (1) S. V. Development Company: Represented by R. L. Grammer, request to build an Office .Buildirg in front of Sunshine Villas ; 223 South Federal Highway. Ground floor parking, second and third floors, office space. 0 Motion was made by Mr. Rickards and seconded by Mr. Jackson that request be tabled until Mr. Grammer could be present. Carried by unanimous vote. Mr. Grammer now presented .his request. He presented his plans and stated that there would be six more parking spaces than required. Also showed plans of the front of the building being planned attractively. Mr. Jackson made motion that recommendation be made C that the plan be approved as presented. Seconded by Mr. Rickards. Roll call vote as follows: 5' -5- • Mr. Kennedy - Pass Mr. Rickards - Yes Mr. Casciello - Yes Mr. Jackson ? Yes Mr. Loury - Yes • Motion carried. Mr. David Morrow, representing occupants of Sunshine Villas: Not objecting to improvement, but objecting to parking prob- lems, lack of air circulation and low clearance with the building going over the driveway. • A motion was made by Commissioner Young to table this matter specifically because of the low clearance. The motion was seconded by Commissioner Tarpley. Commissioner Grammer, representing S. V. Development Company: • My client would like to have some action taken on this , either for or against. Instead of tabling this, I think we should take some action on it. Commissioner Young: In that case, I withdraw my motion/ • Commissioner Tarpley withdrew his second to the motion. A motion was made by Commissioner Young that the request be denied. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: • Grammer ,Pass Tarpley Yes Young Yes Hill Yea 9. Bills for the month of September to be approved for payment. • A list of the bills for .the month of September is attached to and made a part of these minutes. City Manager Culverson: I recommend that the bills be paid. A motion was made by Commissioner Tarpley that: the bills be paid. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes. Tarpley Yes Young Yes Hill Yes 10. Bill to be approved for payment: Water Conditioning Equipment Corporation - Estimate No. 7 Amount - $17,901.00 City Manager Culverson: I recommend that the bill be paid. A motion was made by Commissioner Tarpley ,that the bill be paid. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows:. Grammer Yes Tarpley Yes r„ Young Yes Hill Yes -6- • 11. Application for 2 APS License for Fruto David Perez and Jose Maldonado, 317 N. W. 5th Avenue. .(Second Reading) City Attorney Walden: This report from the Chief of Police shows that this location is within the prohibited limits of • two churches. A motion was made by Commissioner Young that the request for the beer and winii license be denied. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commis- sioners voted as follows: • Grammer Yes Tarpley Yes Young Yes Hill Yes • 13. City Attorney's Report: City Attorney Walden: In connection with your sewer revenue bond issue I have a form resolution I would like to read. A RESOLUTION confirming sale of and fixing the • interest rates for and designating the paying of the $2,250,000. sewer revenue bonds , City of Dania, Florida. A motion was made by Commissioner Young to adopt the resolution as read. The motion was seconded by Commissioner Tarpley, and • the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Young Yes Hill Yes • City Attorney Walden: For your information: The hearing be- fore the circuit judge on the bond delegation suit will be at 9:30 A.M. on Friday, October 23, 1964. Then, before that be- comes finally effective, Mr. Philpott wants to advertise for bids around October 23. or October 30. So the bids should be • opened around November 23. So , while it may be premature, I suggest that you authorize a resolution be drawn and passed tonight directing the City Manager to consult with the Consult- ing Engineers and whoever else is necessary to advertise for bids so that they can be opened and received on or around Mon- day, November 23. • A motion was made by Commissioner Young to authorize the resolu- tion be drawn and passed. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Young Yes Hill Yes A motion was made by Commissioner Young to 'advertise for bids • for November 23 at 8:15 P.M. The motion was seconded by Com- missioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes . Tarpley Yes Young Yes Hill Yes • Attorney Walden: In connection with this Pension Plan, we need a resolution authorizing the proper officials in the City of Dania to execute a trust agreembnt, then authorize Mr. Wall to prepare booklets and set it up. A motion was made by Commissioner Young to authorize a re- 0 solution to execute the trust agreement. The motion was seconded 'by Commissioner Tarpley, and the roll being called, the Commissioners iroted as follows: Grammer. Yes Tarpley Yes • Young Yes Hill Yes 12. City Manager's Report: (1) City Manager Culverson read a letter as follows: "Dear Mr. Culverson: It was certainly a pleasure meeting you and die-' cussing the possibility of writing insurance for your fine City of Dania. I would like to mention • the fact that Atlantic Insurance Underwriters have been in continuous business since 1928, and we are one of the largest agencies in Broward County. The companies we represent are rated by Best Insur- ance Guide A+AAAA. One company we represent can possibly save a considerable amount of money for • theCity of Dania as insuring both the General Liability and Workman's Compensation of some of the major cities in Florida. It is my understand- ing that your insurance expires January 1965, and we would like an opportunity to bid on this insur- ance. • Again, it was certainly nice meeting you, and should you have any questions, . please do not hesitate to call on me. /a/ J. Rosser Jones Atlantic Insurance Under- writers " City Manager Culverson: I will write to them and tell them that when we are ready to advertise for Vida- we will let them know. (2) Pier Insurance: We have a bill for $6,820.00 for the first year. It is on a three year plan. City Manager Culverson: I would like to recommend to the Coun- cil that we :self-insure the pier.' I think we would be much fur- ther ahead. A motion was made by Commissioner Young, to table this until next meeting night. The motion was seconded by Commissioner Tarpley, tli and the roll being called, the Commissioners voted as follows: • Grammer . Yes Tarpley Yes Young Yes . Hill Yes -g_ 4 (3) :City Manager Culverson read a letter from Fuer & Fleet, Attorneys, representing Mr. Ed Galvin who wants to re- store a sign on Federal. Highway that was partially de- molished during Hurricane Cleo. Commissioner Grammer made the recommendation that the letter and the. matter be turned over to City Attorney Clarke Walden. Commissioner Grammer: We have a thousand dollar cash bond from the Dania Jai-Alai Fronton which I think should be given back to�them. We have let other people put in sidewalks with- out them putting up a bond, we let one go tonight, and I feel i that the Jai-Alai should have the same rights. Also, the New England Lobster House has a bond put up here. I think they should have their bond back too. A motion was made by Commissioner Grammer to return the bond to the Dania Jai-Alai Fronton, and also to the New England Lobster 0 House. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners. voted as follows: Grammer Yes Tarpley Yes Young Yes Hill Yes Commissioner Grammer: On the Police Reserve, which we have established, we have a problem on insurance. They don't have Compensation Insurance. Theyahave public liability and property . damage, but they don't have Workman's Compensation. I would like to see 'some steps taken to get them compensation insurance. City Manager Culverson: I will ask Myron Wall to come over to- morrow and Chief Smith and I will talk to him about it. A motion was made by Commissioner Young to authorize payroll deductions from the employees who signed up for the Pension Plan, beginning with the effective date of the pension plan. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Young Yes Hill Yes Commissioner Young: I have one other thing that I have been giving quite a bit of thought to recently. We have four churches located in the area that is to be sewered. The new Catholic Church, two Baptist Churches, and the Methodist Church. I would like to have . the City co-operate with them and waive the front footage assessment on the Sewer Program. I am ,speaking only of the property that the church is located on, not the property that they own. A motion was made by Commissioner Young to exempt only that portion of property that is being utilized by each of the four churches . that are located in the areas of Dania to be seamed by .the sewer program. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Young Yes Hill Yes t -9- • Mayor Hill: The Garden Clubs of South Broward are working on a community improvement, and they are putting on a beautifica- tion contest. The• Dania Garden Club is interested in the City of Dania entering this. contest by offering our Fourth Avenue beautification program to be in the contest. They would like • to have our consent to do this. Commissioner Tarpley: They have mine. Commissioner Young: They have mine. • Commissioner Grammer: They have mine. " Mayor Hill: And they have mine. • There being no further business on the agenda, the meeting adjourned. • ary iPk ornnniiTl - City Clerk-Auditor • • • Veraera L. 3 Mayor-Commissioner • • • . =10- CITY OF DANIA, FLORIDA ! DISBURSEMENTS September, 1964 Water Fund City of Dania Payroll Account 63.32 Water Revenue Sinking Fund 1946 9*812.75 Water Revenue Sinking Fund 1955 20,802.54 Water Revenue Depreciation Fund 100000.00 City of Dania Payroll Account 479.05 City of Dania Payroll Account 16.27 ! The Dania Bank 155.11 City of Dania Payroll Account 34.82 City of Dania Payroll Account 516.25 City of Dania Payroll Account 85.41 Water Revenue Sinking Fund 1946 753.38 Water Revenue Sinking Fund 1955 2,4G5.63 B.F. Reames, Jr. Postmaster 83.68 Vernon Morley 7.88 Arthur Livieri 4.02 Eleanor Dawson 5.56 Eleanor Williams 2.75 ! C.P. Kelly 7.58 Tony Todd Shop 3.64 Dorn & Block Store 2. 64 Sam Faulkner 7.88 Robert L. Thompson 4.28 Robert Hittel, Inc . 10.00 ! C.A. Shirley 3. 24 Ernest & Henry Tyska 7.8 Gaetano Tinozzi 10.00 Total Water Deposit Refunds $ 77.35 Total 45,287.56 ! CITY OF DANIA, FLORIDA • DISBURSEMENTS September, 19b4 General Fund • City of Dania Payroll Account 19991.12 City of Dania Payroll Account 6,732.67 Lester E. Culverson 7.99 City of Dania Payroll Account 1,954.38 Richard W. Lees 150.00 • Duncan Parking Meter Division 800.00 Florida Revenue Commission 130.57 B.F. Reames, Jr. Postmaster 80.00 DiMar Paving Company, Inc . 6,622.69 Willie Wise 75.00 Mrs. Hugh A. Smith 20.00 Montie F. Smith 8.08 Carl Zenobia 75.00 The Dania Bank ls433.50 City of Dania Payroll Account 1,515.92 Virgil L. Tarpley 315.00 Callahan Motor Company 829.39 • Sherron Motor Company 1,525.67 City of Dania Payroll Account 6,869.44 V.L. Tarpley 280.00 City of Dania Payroll Account 1,782.82 John Kennedy 580.00 Dania Well Drilling 16.05 • Cozy Cove Restaurant & Lounge 179.80 Puckett Well Drilling 48.47 Provident Life & Accident Ins. Co. 1,000.00 Vera L. Hill 113.59 Robert L. Grammer 100.00 S. Ellis Young 88.59 • Virgil Tarpley 88.59 J.D. Thornton 88.59 Clerk of the Circuit Court 7.50 Clarke Walden 430.26 Florida State Board of Health 20.00 Humane Society of Broward County 25.00 • A.M. Black 138.59 Dania Chamber of Commerce 458.34 Ryan & Sparkman 100,00 Robert E. LaPorte 100.00 Barney Crowley Realtor 125.00 Total 37$207.61 • • • f