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HomeMy WebLinkAbout86398 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY C0;44ISSION, CITY OF DANIA, FLORIDA, HELD MAY 41 1964. The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER VERA L. HILL COMMISSIONERS R. L. GRAMMER VIRGIL L. TARPLEY JOSEPH D. THORNTON S. ELLIS YOUNG CITY ATTORNEY CLARKE WALDEN CITY MANAGER L. E. GULVERSON CITY CLERK 14ARY THORNHILL The meeting was called to order at 8:00 o'clock P.M. by Mayor Hill, 0 after which Pledge of Allegiance to the flag and invocation was held. First on the agenda were the minutes of the meetings of March 27, April 6, And April 8. A motion was made by Commissioner Tarpley that the minutes be approved as read. The motion was seconded by Commissioner Grammer. The roll being called, the Commissioners 0 voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes• Hill Yes (1) Ordinance: An amendment to Section 237 in the Code of Ordin- ances. So that said section shall read after the amendment as fol- lows: The taxes shall be paid to the City from Dania Beach and Dania Jai-Alai beginning with the 1964-1965 season, and providing an 0 alternative in that the Jai-Alai in Dania .pay the daily licence fee each day in advance. Commissioner 'arammeri made the motion that this should be passed. The motion was seconded by Commissioner Tarpley. and the roll being called, the Commisssioners voted as follows: Grammer. Yes• Tarpley Yes Thornton Yes Young Yes Hill Yes • (2) Ordinance: An ordinance providing' for the. parking sticker which, when used shall exempt patrons of automobiles parked at metered parking spaces at Dania Beach, Dania, Florida, from. inserting coins in said meters during the period of the year from April 1st of the year to December 31st of the year. City Attorney Walden: Gentlemen, I have made one slight change, so I could like to read this ordinance in detail: (1) In lieu of inserting coins in the parking meters at Dania Beach, Dania, Florida, during the period of April lst to December 31st of each year. Patrons of Dania Beach who desire to park an automobile in metered parking spaces at Dania Beach may obtain a parking sticker, which, when pasted on said automobile, shall exempt said patrons from inserting coins in said parking meters. (2) Such parking stickers shall be of the type described by the Chief of Police of Dania, Florida, and used in lieu of inserting coins in the aforesaid parking meters at Dania Beach, shall be pasted.on the front windshield of any automobile parked in the metered parking apace at Dania Beach. (3) The charge of said parking stickers shall be $1.00 (one dollar). The amount paid by said patrons of said parking stickers shall not be refundable. The parking stickers purchased at the present time under this ordinance shall be good and enforced from the effective date of ., this ordinance to midnight, December 31, 1964. Thereafter, parking `. stickers sold in any given year before April 1st., in such year, shall be good from the date of the sale to December 31st of the year. And parking stickers shall be of no force in effect from January let. to March 30th of any year. And during said period, all patrons parking cars in the parking spaces at Dania Beach shall be obligated to insert the proper amount of coin in said meters, even though cars parked in such spaces may possess the aforesaid, sticker during such period. The City Clark is authorized and directed to turn in such reasonable procedures for auditing and accounting for all collections and charges for the sale of such parking stickers. You authorized this ordinance to the drawing pads in the first reading and the basic changes after inserting of the actual draft of it. But we used .the word "Patrons". I believe you used the words "Residents of Dania". I have some doubt as to the legality where you used "Residents".- It's very difficult to say who is and who isn't a resident of Dania. And secondly, I think if you just say anybody who wants to buy one of these things during these so-called summer months, and not in tourist season. It would be legal if you would use the word "Patron" instead of "Resident". Of course, I think "Voters" was used at one time. So the only change I can think of is, "Patrons" means anybody who buys one of them. Motion was made by Commissioner Grammer and seconded by Commissioner . Tarpley to accept the City Attorney's recommendations and changes, to be passed on the second and third readings. Commissioner Thornton: I'd like to ask a question. How does that affect our contracts on the meters? Commissioner Grammer: I don't think it has any affect on'.the meter contract. The thing that I, quite frankly, was concerned about was whether it would have any affect on the meter revenues for the fiscal year. There's no affect on the parking meter contract. Commissioner Young: Counsellor, let me ask you this: What are the penalties in this for the wrongful use, counterfeiting and what have you? Will that run into an enemy of the court? City Attorney Walden: The amount of counterfeiting of this would be up to the city to adopt a design that would be virtually impossible to counterfeit. It was then suggested that a numbering machine be purchased and that the City Clerk should number each of this stickers before they go out. Commissioner Young: Gentlemen, at this time I'll make an offer to an amendment to the motion on the floor. The amendment being contingent upon written approval on the man financing the certificate of indebt- edness do the fishing pier. The motion-was seconded by Mr. Thornton, and the roll being called, the Commissioners voted as follows: Grammer No Tarpley No Thornton Yes Young Yes Hill Yes City Attorney Walden: Let me make this suggestion that the motion should be put in this language that it be passed on the second reading only, subject to the written approval of the holder of the certificate on the fishing pier. The motion was made by Commissioner Tarpley that it be passed on the second motion only. The motion was seconded by Mr. Grammer, and the roll being called, the Commissioners 'voted as follows: Grammer Yes Tarpley Yes N . Thornton Yes Young Yes Hill . Yes f 2. A s (!a) Application for transfer of 3 APS Licence, Mr. Youngs made a motion that it be approved. Mr. Tarpley seconded the motion, and roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • Application for a 2 COP licence for Charles G. Mina. I•lotion was made by Mr. Thornton that this be approved on first reading. Motion was seconded by Mr. Young, and roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • (5) Mr, Edward Freeman and Mr. Michael DePadro, regarding Fort Lau- Dania a Boat' Hasincto-bA-constructed on the Dania Cut-off Canal apprcximately 5,000 feet West of the Intracoastal Waterway. A motion was made by Mr. Thornton that the city withdraw their former objec- tions to the construction of the Marina. The motion was seconded by Mr. Tarpley, and roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • Mr. Grammer made a motion that a resolution be drawn and adopted and a copy be sent to the Flood Control District, that the City of Dania withdraw their objections. Mr. Young seconded the resolution, and roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes (6) Monro Operating Company,, regarding the construction of sidewalks at the Jai-Alai Fronton. Mr. Thornton made a motion to grant an exten- sion of time from the date set forth to allow the Monro Company to apply for a variance. Mr. Young seconded the motion, and roll being called, the Commissioners voted as follows: >� Grammer No Tarpley No Thornton Yes Young Yes Hill Yes • (.7) Continued public hearing for the purpose of considering objections to the adoption of an ordinance which, if adopted, will provide for the rezoning of Lots 1, 2 and 3. Block 3, St. James Park North, from B-2 Classification to C-1 Classification. Mr. Grammer made a motion that this discussion be tabled until June 1st, in order to give other property owners in area time to ask for a rezoning on their property. Mr. Tarpley seconded the motion, and roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes -,Hill Yes • (8) Bills to be approved for payment: Myron L. Wall Insurance Agency ;-loricmen's Compensation final audit $23472.26 • Comprehensive General Liability 713.61 R,yan Insurance Agency Final audit Fleet Policy 8129,27 Rue R. Gewert Tax Assessor • TO--of commission earned for assessing City of Dania taxes on the 1963 Tax Roll $584.62 Lindfors W Waite Balance due for services rendered $909.25 • Motion was made by Mr. Young that the bills be approved for payment. tfr. Tarpley seconded the motion, and roll being called, the Commis- sioners voted as follows: Grammer Yes Tarpley Yes • Thornton Yes Young Yes Hill Yes (9) Correspondence: To City Commission from Mr.. Myron If. Burnstein, Attorney of Hollywood, re Tax Sale Certificate No. 2238, Lot 10, Block 3, • Section 28, Township 50 South, Range 42 East. "My clients, Mr, and Mrs. Charles R. Snyder, of 4470 Ravenswood Road, Fort Lauderdale, with to redeem the captioned tax sale certificate for their land which is now outside the city limits of Dania. I am author- ized to offer in behalf of my clients the sum of 10% of the face amount • of said certificate, to-wit, $2.57 for said certificate. I,'e will also pay any costs for recording release and cancellation of certificate." Mr; Young made the motion that resolution be passed cancelling the certificate upon payment of 10% of the amount. Mr. Grammer seconded the motion, and roll being called, the Commissioners voted as follows: . • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • To City Commission from Dania Lions Club: "Gentlemen; Lions international is holding its Florida State Convention in Hollywood during the month•of May, 1964. As part of this convention, there will be a parade at 7:00 P.M. Friday, May 22- '1964, and we .would like for the City OffiUals:itoshono'r..us: by participating in said parade by means of convertables with City Officials and appropriate signs and a firetruck and police car. If possible for you to participate, please advise me and I will mail you the necessary details". Commissioner Young suggested that the City Manager should send them a letter stating that everyone who can will participate. To .City Commission from Fort Lauderdale Elks Lodge stating that it is sponsoring a flag day in Fort Lauderdale on June 14, involving a parade. and a speech by Congressman Rodgers. The Commission is invited. The parade will assemlle at 6:00 P.M. , June 14, at Old Fort Lauderdale High School. The flag ceremony will be held later at 17:30 P:M. at War Memorial. You are invited to participate." • Commissioner Young suggested that the City Managersend them a letter also, ?• stating that they will participate to the extent of their availability. • .14otion was made by Mr. Young to authorize the City Manager to adver- tise for bids for new lime contracts. Motion was seconded by Mr. Grammer, and roll being called, the commissioners voted as follows: O Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes From Fhilpott, Ross & Saari.nen to Mr. Lester Culverson: "Dear Sir, At the req:2est of Mr. Lindeman, I observed the alley south of Clark Street, between S. E. Second Avenue, and S. E. Third Avenue. Although this alley appears to be off grade, I do not believe it could be im- proved by patching. It is my opinion that the only way this alley can • be improved is by reconstruction. Due to the difficulty of construc- ting asphalt paved alleys to such grades as required east of S. E. Second Avenue, it is doubtful that a perfect job could ever be const- ructed." Motion was made by Mr. Young that reconstruction should be done. Motion • was seconded by Mr. Tarpley, and roll being called, the commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes • Young Yes Hill Yes From Florida Power and Light Company to Mr. Lester Culverson: "Dear Mr. Culverson; You will recall our recent conversation regarding the current street lights ordered for the City of Dania. At that time we suggested that 43 - 2500 lumen lights be changed to 4500 lumen, mercury vapor lights. These lights are presently located in the area of Dania extending from the Dania Canal on the north to Stirling Road on the south and from the Federal Highway on the east to the west city limits. This change will make the street lights in this area comparable to standards for street lighting now practiced by neighboring communities with areas similar to this area in Dania. The additional operating cost ,to the City of Dania for these brighter lights amounts to approximately $26.85 a month. If this is satisfaortory to you, please sign in the space below and return one copy of this letter -to us." Motion was made by Mr. Grammer to accept the City Managers recommendations for increasing street lights. Mr. Young seconded the motion, and roll being called, the commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes �. Young Yes }' Hill Yes From City Attorney Walden to Mr. Culverson: "Dear Les: Please excuse the delay on my part in answering your letter of April 7, 1964, concerning various stages of what the City may do on the debt. water consumers do not oay. In a Code of Ordinances, we have .several lengthy provisions concern- ing water service. Generally, these start around Section 277 of the Code of Ordinances and run through 2714. I have not found a specific provision allowing a %10 penalty, although the Ordinances allows other types of $, penalties. If you feel the %10 penalty is an effective way of controlling p`- this situation, I respectfully suggest that the Ordinance should be amended r to provide such a penalty for such debtedness. If you would like to make a recommendation on these lines to the commission, please advise before ui . May 4, and I will,p6thaps draft a short form of Ordinance. Section 27-7E and Section 27-13 govern the situation where the consumer tends to.turn on 5 water-service. You will note that the penalty for this type of offenge is a: 5. seemingly right. If you would like to recommend a heavier penalty, Please advise and I will also incorporate such provision in the form of Ordinance." And I did advise, so that I could bring it to the council. MR. Thornton made the motion that the Ordinance be passed on first 'reading. Mr. Young seconded the motion, and roll being called, the Commissioners voted as follows: Grammer . Yes Tarpley Yes Thornton Yes Young Yes Hill Yes H. & H. Engineering Company to City Commissioners: "Dear Commissioners; In February of 1964 we furnished a FL-14 Frorit and loader to the City w for rental. This request was made by the ex-City Manager, Mr. Tubbs. I The work was completed, and a statement rendered for $114.00. It has never been paid. The equipment was primarily used to mova,.-thecfill on Fifth Avenue Road going South and,South" on South East Third Terrace. At the time of rental, we were under contract to the City of Dania for street improvements in the area, and therefore, did not charge any-, time for this rental. Please advise me of the present status of this bill." Motion was made by Mr. Grammer that this bill should be paid. Mr. Tarp- ley seconded the motion, and roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes To the City of Dania from Broward Construction Company;l!Gentlemen, Following is our invoice for street paving as per our bid on March 16, 1964, for the paving of N. W. Third Street and N. W. Ninth Avenue. Nineteen-hundred and thirty-three square yards at $1.92 per square ° yard=$3711.36." Motion was made by Mr. Grammer that the bill be paid. Mr. Tarpley seconded the motion, and roll being called, the Commission- era voted as follows: • Grammer Yes Tarpley Yes Thronton Yes Young Yes ['.p. Hill Yes Mr. Pottinen: Would like to get approval to add 7500 square feet„which {'. would be the second story to approved plans on a warehouse. After some discussion, Mr. Grammer made the motion that approval should be given, subject to the approval of the Building Inspector. Motion was.seconded by Mr. Tarpley, and roll being called, the Commission voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Mr. Ridkards: Submitted plans for a building that he wanted approved. After much discussion, Mr. Grammer made a motion that they accept the zoning boards recommendation. Mr. Tarpley seconded the motion, and roll being called, the Commission voted as follows.: Grammer Yes Tarpley Yes Thornton YNs Young Yes Hill Yes 6. . a' t , Mr. David A. Jacobean from audience would like to get second licence. Mr. Elmer Nitzche from audience wanted sidewalks put in. Mr. Bill Hill from audience wanted trees cut back away from roads. Tarpley: ' Still. would like to have it straightened out about who is to take an Oath of Office and who isn't. Also the fact that they should be a resident of Dania. The charter of the City of Dania states that the City Manager need not be a resident of the City of Dania, at the time that he is hired, but that during the term of his office he should be a resident of Dania. Thornton: What is the purpose of this Audit? What will you charge it to? Mayor Hill: We agreed to have this audit because we were in the pro- cess of annexing. It will be charged to General Funds. Mr. Grammer made the motion that the Audit should cover 2 fiscal years and B months. Mr. Tarpley seconded the motion, and the roll being called, the Commissioners voted as follows: i� Grammer Yes Tarpley Yea Thornton No Young Yes f Hill Yes Mr. Tarpley:.iWhen Frank Hill gave up the pier, there was some money on the books amounting to $200.00 and some. I would like to make the motion that Mrl Hill should he given a release of any claim that the City of Dania should have against him, as a result of the lease, and to the extent that we show him item as a claim against him, and let it be written off the books. Mr. Grammer seconded the motion, and roll being called, the Commissioners voted as follows: �i Grammer Yes Tarpley Yes Thornton Yes Young Yes ` Hill Pass i . There being no further business, the meeting adjourned. Mary Thornhill City Clerk i, 'i Vera L. Hill Mayor Commissioner