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HomeMy WebLinkAbout86408 - MINUTES - City Commission 0 MINUTES OF REGULAR MEETING CITY COMMISSION, CITY OF DANIA, FLORIDA HELD MARCH 2, 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 COMMISSIONERS R. L. GRAMMER VIRGIL L. TARPLEY JOSEPH D. THORNTON S. ELLIS YOUNG 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, followed by the Pledge of Allegience to the Flag and invocation. Minutes of meeting held February 13 and February 153 1964 were read. A motion was made by Commissioner Tarpley minutes be approved as read. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes . Hill Yes Application for beer license for Dania Beach Grille and William G. Rhodes, was presented. A motion was made by Commissioner Young this application be approved on second reading. The mtoion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Application for transfer of 4 COP License from Davis Seafood Bay, Inc•m to Cozy Cove Marina, Inc. , 300 North Federal Highway, was presented. A motion wa s made by Commissioner Tarpley this application for transfer be approved on first reading. The motion wa s seconded by Commissioner Young, and the roll being callel, the Commissioners voted as follows: 7� Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Notice of Public Hearing for objections to'paving and construction of side- walks, where needed, on S. W. Second Place, from S. W. Second Avenue to S. W. Fourth Avenue, was read by Attorney Walden. Mayor Hill called for objections. There were no objections registered. A Resolution of Necessity declaring the necessity on S. W. Second Place for paving and sidewalks was read by Attorney Walden. A motion was made by Commissioner Young the resolution of necessity be adop- ted and passed as read. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: A Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Y Notice of Hearing for objections to paving 'an alley between S. E. Third Street and S. E. Third Place, between S. E. Fourth Avenue and S. E. Fifth Avenue, was read by Attorney Walden. Mayor Hill called for objections. There were no objections registered. A Resolution of Necessity declaring the necessity for paving alley was read by Attorney Walden. A motion was made by Commissioner Young this resolution be adopted and passed as read. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes A request from Jack Bishirjian, Dania Rug Company, 1 North Federal Highway to hold an auction on March 16, 17, 182 1964 for the sale of rugs was read by Attorney Walden. Attorney Walden: The ordinance governing auction requires that the commission approve the auction dates. The license fee' is $25.00 for the first day and $10.00 for each additional day. A motion was made by Commissioner Grammer that permisssion be granted to hold an auction on March 16, 17, 18, 1964 for Jack Bishirjian, Dania Rug Company, 1 North Federal Highway. Commissioner Young: Is this- to be held strictly within his premises with nothing on the sidewalk, nothing that could be called a sidewalk auction. Attorney Walden: May I suggest that your motion then be that the sale be conducted indoors under the absolute supervision of the Chief of Police as to all conditions of the sale. Commissioner Grammer: I will .include that in my motion. Commissioner Tarpley: I will second the motion including the addition to the $' motion as recommended by the Attorney. s: 3-' Mayor Hill called for a vote on the motion. It was as .follows: Grammer Yes d,. Tarpley Yes Thornton 6[es Young Yes Hill Yes A letter was read from the American Red Cross requesting the City Officials join with President Johnson and Governor. Bryant in declaring the month of March as Red Cross Month. ;.y' -2- • 0 • A motion was made by Commissioner Thornton dedicating the month of March as Red Cross Month. The motion was seconded by Commissioner Grammer, and the roll being called the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • Acting City Manager Grammer: We have a bill from H. E H. Engineering Co., Inc. in the amount of $6,696.17 for paving. streets and alleys and storm drainage. They have been paid $92046.98 Of the $15,743.15 contract. I checked the work today with the building inspector and we feel there is a little work to do on one of the alleys regarding the swales. One alley was torn up by mistake and, • I have talked to some of the people and they are very much dissatisfied with the alley as it was replaced. I would like to recommend this bill be paid holding back 10%, which is ample to take care of the little things he has to do on the alleys. Commissioner Thornton: Was S. W.- Fourth Street taken care of? There were • some complaints on the elevation of the street in relation to the sidewalks. Acting City Manager Grammer: The contractor filled in the area under the sidewalk with concrete to keep it from eroding instead of the blacktop as was first suggested. • Commissioner Thornton: Was S. W. Fourth Street constructed according to the grades shown on the plans? Acting City Manager Grammer: To the best of my knowledge it was. Mayor Hill called for a roll call vote on the motion to pay the bill. It • was as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes • Hill Yes Arthur J. Franza, representing Paul Pisculli: I want to express my appreciat- ion for allowing me the privilege of discussing this matter with you. I know you are familiar with our problem. As you know I represent Mr. Pisculli who owns Jack's or Better Restaurant on South Federal Highway. He is operating • now under a food and restaurant liquor license, which is what we are to dis- cuss. This liquor license is one that is a little bit different from the ordinance you have concerning night clubs. A night club can stay open until 4:00 A. M. , while your food and restaurant license does not permit it. We are asking you here tonight to either grant us one of two things: (a) a variance under the food and restaurant license ordinance and allow us to stay open until 4:00 A. M. , or, (b) a variance on the night club license which are not allowed South of the Dania Cut-Off Canal. I ask you this for the following reasons. The City of Dania like individual citizens of Dania either have to meet the • competition in whatever form they can. They, either move forward as our be- loved President use to say, or they are just going to stand still and let everybody else reap whatever benefits or rewards that might be. As you know the City of Hollywood has begun to .expand and to look westward for annexation. They realize that if the don't move ahead that somebody else will get ahead of them. I notice too that the City of Dania is also flexing its muscles in that regard. The individuals, its citizens want to do the same thing. Mr. Pisculli has had five predecessors of this restau- rant and bar to go broke. There is no other expression for it. He absolute= ly cannot compete with the existing food and bar restaurants in his own cate- gory � ' -3- He has a 300 seat restaurant and he cannot possibly make it pay from the business he can get from the citizens of Dania. He has to look elsewhere. • He is fortunate enough during the season to be close enough to the Hi-Li that when it closes people go out to look for something to eat and drink and stop at his restaurant. After 2:00 o'clock where do they go? They go anywhere in the city to a night club, which is North of the canal. This was a arbitrary thing on the part of the commission in 1949 when they decided to make it so. A lot of you fine people would be helped by this. Some of your restaurants stay open until '4:00 and 6:00 o'clock. A lot of this business would stay in Dania and would help the citizens of Dania. I know you first have to consider what is good for the overall general welfare, what is good for the general public, or safety or morals. Once you get past that then you must look to what is good for the individual citizen. I submit to you that an extension of something that is already happening, i.e. , the sale of liquor and the sale of food in a restaurant that stays open until 2:00 A. M. is not going to endanger the public health, safety or morals of the city for another two hours. I cannot see how this could effect the public welfare. You could say -- why don't you do this in the summer time, why don't we take our time and go slow, go through the zoning board and do it the pro- per way. My answer to you on that is if it is not done now it will never be done. Mr. . Pisculli is absolutely drowning and this is really a hardship plea. I know that some things have been said before, I was not a party to them and I know whatever was said before, either good or bad, will be for- gotten. I hope we can forget what has prevailed before and give us, which I am sure you will, an objective listen so to speak, and an objective vote. This will harm no one, this will not throw open the door to the other 30 some odd bars that come in and ask the same thing. Most of them don't want it because they are not fixed to handle it. Mr. Pisculli has an average payroll of about $1,000 per week. Although it is small, the additional two hours during the season will come in mighty handy and I think, will save this 'man from financial disaster. I am sure the commission has been reading reports here and there in the newspapers about this place. Although I am not expecting the commission to follow the dictates of reporters so to speak. Some of them have the public interest at heart or they would not be where they are. I don't think except maybe for a few objections that there would be any real objections to this on the part of the public for whom this would serve. Not only that, but the tax end of it and the benefits to the city and the fact.that this is as you all know is a very fine restaurant. I don't know of any better in the immediate neighborhood, and that includes Hollywood and in some respects Ft. Lauderdale. It is a good restaurant and I think that if you can see in your wisdom and mercy to help Mr. Pisculli a little bit when it doesn't effect the morals of the rest of the citizens in Dania I will appreciate it. Rev. William Jennings: I appreciate the manner in which this man has spoken �. and presented this matter to you. I would like to speak against this and mention some of the things that he mentioned to show that there is consider- able harm in this. He mentioned the benefits we will derive from the sale of alcohol. I do not think there are any benefits to be derived from the sale of alcohol because of what I read to you at another meeting from the Mayo and Kellogg Clinics reports. They say that alcohol is No. 1 in the destruction of mankind. He mentioned about moving ahead, we do not move ahead with alcohol, we al= ways go backwards, look at the destrucion it brings. The other night on our highway here I talked to the policeman and he said alcohol was involved. Look at the number of accidents that are caused because of it. He mentioned about this gentlemen going broke. Look at the number of homes and lives that are broken because of alcohol. I don't believe a man should depend upon al- cohol, and does not need to for his income. f' -4- r�F s There are two hotels in our vicinity, one in Miami Beach and one in Fort Lauderdale that gave up their alcoholic beverage license. I talked to the manager of both of them and they say they are reaping more material wealth as well as other things now that they gave up the liquor entirely. We see that drinking alcohol always endangers public health and morals. He men- tioned about this man drowning. We do not want people to start drowning in alcohol because we see the results it causes all the time. He mentioned:about these other cities, we live in a city that we think is individual, we don't have to think about what other cities are doing, and 1 am thankful I live in such a city. Just- because other cities do certain things we do necessarily have to. We can stay an individual city that is unique. I hope we will remain of the same opinion that we had the last time this came up. Mr. Franza: I respect Rev. Jennings opinion, but my answer to his remarks about the other cities would be-- why should we? He is pinpointing his whole argument on the evils of alcohol. To say that all the evils from alcohol comes from Pisculli's restaurant because it is open another two more hours does not make sense. If somebody wants to get drunk they can buy all the alcohol they want and get drunk, and they can also get drunk before two o'clock. It's the same as telling. a child to get home before 0 12:00 o'clock, then I know you will not do wrong. You know that is silly, if that child is bad it's going to be bad by 11:00 o'clock. Whatever drunks there are will be drunk without Mr. Pisculli's restaurant being mpen or closed. I ask you for your compassion, surely tfiis is a fellow citizen of Dania that needs your help. This is not going to effect anybody's health or welfare. This is not going to make a bunch of drunks staggering up and down Federal Highway killing you people off. If it did that you might as well close all the bars even North of the canal. For us to say if Hollywood is doing it, why should'nt we, that is business nonsense, we must meet our competition on a city level, on an individual level, on a church level or any other level. Why do they send missionaries where ever they have to, because they have got to meet the competition of the catholic or who ever elese they are competing with. It is a business just like anything else. Attorney Walden: Let me say this on the law and the background of this which may speed it up. As I recall Mr. Pisculli came before the commission about six weeks ago and speaking just generally asked the commission at that time to in effect revamp all or part of it's ordinances so that every bar and night club and restaurant, if. they want to, stay open until 4:00 A. M. He was not too specific about the particular time. So we advertised and had a public hearing at the last meeting in February. At that time Mr. Pisculli indicated that as far-as he was concerned only with is restaurant. Actually, the whole procedure, unless the commission wants to re-write the ordinance, is somewhat unusual. I think Mr. Pisculli is entitled to ask for a variance, he has not done that to date. .If he does ask he has to go through the regular procedure of the zoning board and get their recommendation to the commission. In order to speed it up he could ask the zoning board and the commission to have a joint meeting. There is no way under our charter you can waive a public hearing. We have not had a public hearing on the variance aspect. Mr. Franza: I think the City Commission can waive the public hearing from the zoning board and we are ready to take that risk that it is a legal act. V Attorney Walden: The zoning board is an advisory board and it has been the custom to have a public hearing before one body. Mr. Franza: We will be glad to have another hearing if you feel it is nec- essary and if it can be held next week, but if you drag it out you might ,. just as well deny us because we cannot go the full route of the zoning board. f. . 0 Attorney Walden: We will have to see about the license Mr. Pisculli has. We believe it is in some one else name, and are you representing them? • Mr. Eckley is the registered holder of the license. Mr. Franza: There will be no problem there we will use the proper name. Mr. Pisculli says it is a corporation. Attorney Walden: Make sure it is the record holder of the license if you do apply. Basically all a municipality can govern are the hours of closing and zoning matters. In 1949 we created this strip zoning area in the North part of town and also one in the Western part of town. We justify the 4:00 orclock closing on the basis of a zoning category: In order to get a night club license you also need a certain minimum square footage of area and a dance floor with so many square feet per customer. I am assuming that Jack's or Better meets these requirements. This is all done under a zoning theory, so if you want to get an exception made to that so that Jack's or Better can get a night club license then I think you have got to treat this purely as a zoning variance. Mr. Franza: Are we correct in saying that sometimes the zoning board waives their hearing and dumps it in the lap of the commission. Attorney Walden: You have to have one public hearing. If it is a matter of great importance I think you might set up a special meeting with the zoning board nad the commission present for a joint meeting. Rev. Jennings: I thought that we had a public hearing before and that this request was denied at the public hearing. It was advertised as a public hearing. Attorney Walden: It was advertised as a hearing, but to be entirely fair to Mr. Pisculli, he came before the commission sometime in January, not speci- fically speaking for himself, but speaking generally, that the commission completely re-write it s night club. ordinance o n beverage sales and hours. We had this general notice published, so it was just a general public notice. Mr. Fisculli has not asked specifically for a variance permit. Rev. Jennings: But a public hearing has bean held and I think you should give serious thought to this. Mr. Franza: In 1959 if we want to go back that far, the zoning board did approve this request for a variance. The City Commission then denied it. Mr. Ryan was representing Mr. Pisculli, so I think you can knock it down if that is your desire. I would like to have a vote on the matter and have it decided once and for all. Commissioner Young: I do not believe it is the intention of this board to delay for the explicit purpose of delaying something. To be perfectly frank about it I can see merit in both viewpoints of it. I think I will have to agree with you on some of the things you said. I have been thinking about them for sometime. One of the things we have always taken into consider ation is the fact that we were fearful of the results from drivers. To start off with it is against the law. for a place to serve any alcoholic beverage to a drunk or even to an alcoholic. But by the same token a per- son that stops at this restaurant or any other restaurant after the hi-li, the dog track or the harness track, and you have to refuse them service and they go on to Hollywood or somewhere else and suppose they get boiled like an owl and they have to drive back through'Dania, they are creating a larger potential death hazard than if they could find food here in town. Mr. Franza: Mr. Young this could happen .anywhere. I notice some of you are smoking cigarettes, we cannot be afraid of living. t+; _6- k Commissioner Young: If the idea Mr. Pisculli has in mind is for the tourist only, something whereby he can serve the tourist industry say from about New Year's until the loth of April, roughly 100 days, would he consider some- 0 thing like that? Mr. Franza: The tourist season holds a little longer than that. I represent the Hollywood Beach Hotel and we are trying to open the wings on either end from October. through May. So the season is not from New Year's to Easter, it is a pretty good six months now and we hope the whole economy will im- • prove so that it will be nine months, or rgaybe year around. Rev. Jennings: If this thing is wrong at one time, it would be wrong at all times. As far as Dania is concerned it would be more dangerous to have it open during the tourist season where more people are on the highway than when the tourist are not here. I think we need to consider the matter and the • dangers of it throughout the year. Commissioner Youngs What I had reference to in that respect was the idea of people out at 2:00 o'clock in the morning looking for food. I do know that when the tracks are open they close about 12:30 or 1:00 o'clock and a lot of people, especially the tourist like to stop and have a bite to • eat and possibly a cocktail along the way home. But when you get into something that effects people that are early risers such as a man getting up early to go to work at 6:00 or 6:30 in the morning, and children going to school at 7:00 or 7:30 in the morning, I certainly do not want to in- fringe upon their rights for safety. • Rev. Jennings: Any time that we let the gates down so to speak, it will just keep on. Even at this point if it were stopped where it is now it would be better for the community as a whole. They keep on saying let's do this little bit, but the destruction is so eminent that now is the time to stop. This ordinance is in effect now and let's stick with it. We • should be men and women enough to stick with it. Mr. Franza: In regard to your remarks earlier. We are willing to take your suggestion that if we are granted a variance for a limited period, say from November until the end of the season, and then let's have a fur- ther review of the subject during the summer and see what we can do next season. At least this would give us a chance. • Commissioner Young: Don't misunderstand me, I think I have an obligation to consider every side and I think the rest of the commission have that obliga- tion too, whether it is something that we are personally interested in or not. • Mr. Franza: That is all we are asking sir. We feel we are entitled to as much consideration as any other business. Commissioner Young: I think we have to give credence to churches, and give credence to the prospects of business whether we like the business or not. Rev. Jennings: According to Mr. Walden if this is done properly it has to go through channels. I think these things should be done in orderly manner. Commissioner Young: I do not know if it would be legal for us to put a time limit on this, that was just a thought. Attorney Walden: I think that the holder of the license, whether it be Mr. Pisculli or some one else, has a right to ask for a variance permit. I suggest that Mr. Pisculli do it tomorrow if he wishes and as the city attorney advises the zoning board too, we might suggest that they waive their hearing and get it before the commission as quickly as possible. In that event the commission would have the public hearing. The zoning board is entitled to hold a hearing also if it is their desire to do so. `: -7- i Mr. Franza: I do not know how long that will take. If it is a month or so it is out of the question, you might as well say no now. We need immediate A help. Attorney Walden: It cannto be obtained tonight. But I do suggest if you wish a variance that you immediately apply for one. There is no legal way you can get one tonight. Mr. A. U. Maienfisch, President of the South Broward Safety Organization: I sent a letter to the city manager on February 25 requesting we be put on the agenda for this meeting to ask the city commission for a representative from the city to serve on our council. There will be a meeting, Wednesday, March 4, 1964 at 8:00 P. M. in the hospitality room of the First National Bank of Hollywood. This is a volunteer organization, no one gtts paid. I do not konw what happened to the letter, we did not get a reply. Chief Smith: This letter was referred to me and we have been too busy to do anything about it. I will send a representative to the meeting. Commissioner Thornton: I recommend that the mayor represent the city at the meeting. Richard Bressler: I would like to knoe if anything has been done about closing the street north of my house. I appeared at the last meeting and you were going to check on dedicating it back to the property owners so that we can get rid of the mud hole and dust bowl. Acting City Manager Grammer: I looked into this and the people on the street West of this has a carport in the rear and if this alley is closed they cannot get into their carport. If we vacate it then you will have no way to pick up garbage from the houses on N. W. loth Street. Commissioner Youngs Does not the property revert back to the property owners if a street or alley is vacated? Acting City Manager Grammer: I can appreciate your point too, but we have to consider every one when we do something like this. I am against doing i away with the alley. When the property on N. W. 10th Street is developed it will be used to pick up garbage and trash. Mr. Bressler: The neighbor across the street said he was willing to go along with it and we could get the area sodded and fixed up. As it is now it looks very bad. Commissioner Young: Could you get a petition from the property owners to pave the alley2 Mr. Bressler: There are only two property owners involved. Attorney Malden: It is a complicated procedure when the city vacates a ht` street or alley. When the street or alley is vacated, the property reverts to the adjoining property owners. I would suggest you get a petition from at least a majority of them before you do anything. ai Commissioner Thornton: Do you object to paving the alley? Could you get a majority of the people to agree to it? t Mr. Bressler: No. I would like to get rid of it, because if it is paved it will be worse then than it is now, it will be a speed way. -8- 1..V • Commissioner Young: That was a bumper stip between business and residential zoning. • Acting City Manager Grammer: I checked into this,at one time loth Street was zoned for business, but has now gone back to residential. The lots facing loth Street are the ones that would be effected most. I feel this way -- there are six lots on loth Street and it is to the benefit of the city with all due respect to this gentleman-- I recommend that the city keep the alley so that it can be used for garbage and trash pick up. Anything you • give away like that you regret later and I am against it, that is my recom- mendation to you. Mrs. Ada Conti: I would like to know about the lights that were authorized sometime ago. I live on N. E. First Court and it is very dark down there. • When are we going to get new lights. Commissioner Young: They have been ordered and I contacted FPL a few times abou them. They had to do the engineering and the last time I talked to them about it, which was two weeks ago, they said they would get started on the program in two or three weeks. I would like to ask the Acting City Manager to check on it and see how long before we can expect them. • Mrs. Conti: There are no sidewalks on the street and when you are walking you have to walk in the street and two or three ti me I have turned my ankle when I stepped down off the street as there is quite a drop. I almost got hit by a car at the Northeast corner of Second Street and First Court. If • the lights were in it would be a lot safer when you walk. Commissioner Thornton: I would like to know what the full status of Mr. Piscullits request is. Are you going to have a joint hearing, or what are you going to do? Mr. Franza: It was my impression that we are to ask the zoning board to • waive their hearing and we will come before the commission for a hearing. Commissioner Thornton: If you are going to ask for a hearing before the commission you are going to have to set the date tonight, or you will be waiting for another month. If you want to expedite this and have the hearing you can set the date for a joint hearing. • Attorney Walden: Assuming the zoning board wants to do this you can. I would suggest that an application be made to the city clerk sometime this week for the variance permit] she then will forward it to the zoning board for consideration at the next meeting on March 10. If the zoning board is inclined at their meeting to waive the hearing and leave it up to the com- mission, then you might accomodate Mr. Pisculli by informally agreeing to have a special meeting right after that to set up a public hearing before the commission. The zoning board may want to do this differently. Mr. Franza: I would appreciate it if the commission would set a public hearing date on the assumption that the zoning board grants the waiver. If the zoning board does not grant the waiver, then of course, we have no other alternative but to seek redress elsewhere. I think Mr. Thorntonts idea a very sound one and I would appreciate one of the commissioners making a motion to that effect. • Attorney Walden: May I suggest this -- if the zoning board will waive its hearing on March 10, and if the commission will have a special meeting and set a date for the hearing it will speed .this up. I dontt know what the zoning board will do, but Mr. Loury said he will bring it before them. Mr. Franza: If I can get the zoning board to waive their hearing by a series of phone calls, does that mean the city commission can have one that much sooner? Attorney Walden: It is my understanding that the zoning board will not do that by phone calls unless they have changed their procedure. It will be the end of March before you can have a hearing before the commission. • Mr. Franzat I still say you can waive the hearing by the zoning board altogether, you do nbt need their recommendation. The city commission is the only one that has the power to grant the variance, " so I am stuck there any way. I am ready to take the legal risk in behalf of my client. • Attorney Waldent I have nothing to say about the merits or the wisdom they have had. It would seem a little unusual for the commission to take it when it is something the zoning board should hear, and just arbitrarily say they do not want them to hear it. Mr. Franza: Because of an undue hardship. • Attorney Waldent In theory, the members of the zoning board are the experts on zoning matters, that is why you have a zoning board. Commissioner Thornton: Are you asking for a variance? • Mr. Franza: Yes. Commissioner Thornton: Can we say.we will have a joint public hearing at such and such a time on a certain date subject to approval of the zoning board at their next regular meeting. • Commissioner. Young: Do you mean subject to their approval of a joint hearing? Attorney Waldent March 23 would be the very earliest date you could do it. Commissioner Thornton: I will make a motion that a public hearing be held on Mr. Piscullits request for a variance at a special meeting, March 242 • 1964 at 7:30 P. M., providing it meets with the approval of the zoning board to have a joint hearing. The motion was seconded by Commissioner Young,. and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Commissioner Thornton: I would like to know what the commission wants to do about sewers. I cannot get an answer any other way so I have to bring it up • here. Do you want to authorize the engineer to consolidate the three reports so we can find out something from Atlanta, or what do you want to do? I want to get an answer one way or the other. We are doing nothing but talking right now. We have had a report for over a month and there has been nothing done on it. and I would like to see something done. • Commissioner Tarpley: I think we should consolidate the three reports and get something together to go to Atlanta with. Commissioner Young: What area do you want to include? Commissioner Thornton: The area from the FEC Ry East to the city limits and • from the Dania Cut-off Canal South to the city limits. Commissioner Tarpley: I will make. a motion authorizing the Acting City Man= ager to contact IJr. Philpott, the engineer; to start immediately to consoli- date the three reports so that we can have enough information to take to .At- lanta. The motion was seconded by Commissioner Thornton. k ^ : ` -10- Acting City Manager Grammer: What if I contact him tomorrow and find out as Mr. Young has stated, it will take him 120 days to get a report together, • what do you want me to do about that? Commissioner Young: If such is the case, I would suggest we have the City Attorney call the gentleman and see if we can be released from our contract. That would be my recommendation. That is the reason I wanted the engineer named in the motion. Mayor Hill called for a roll call vote on the motion. It was as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes' Hill Yes Acting City Manager Grammer: I would like to ask the attorney if we have to have another public hearing for objections to sidewalks that we cancelled from the last contract as being too high? Attorney Walden: How long ago was the public hearing held? Acting City Manager Grammer: About six weeks ago. Attorney Walden: I do not think it is necessary. The only time you would • have to have a public hearing is where there has been a long period of time elapsed and the owners have changed. Acting City Manager Grammer: I would like to ask the commission to advertise for these sidewalks again as they are needed very badly on S. W. First Avenue to save the work we did there. There are also some on S. W. Fourth Street and S. W. Park Street. I don't believe we were going to assess the property owners on S. W. Park Street. At the time we advertised for bids it was not dedicated as a street. It has since been dedicated, and I feel if we put in sidewalks we should assess the property owners for them. That is my personal opinion. Commissioner Young: Why don't you check with the individual property owners and see if they would enter into a contract to assume the responsibility. Commissioner Tarpley: They have already committed themselves as agreeing to pay for them. Acting City Manager Grammer: It may be a verbal agreement, but I do not have anything in writing. Commissioner Young: There is another thing I would like to bring up. Mr. Sam Siegel made us a promise last summer if I am not mistaken, that the dry wells in the parking lot in the shopping center would be taken care of so we don't have to get wet feet every time we go in to buy a loaf of bread. That has not been done so far as I can tell after the rain last Saturday. They are filled with trash, dirty and filthy water running all over the place and I think we should find out if his intentions are to go ahead with his committment to us, or, are we going to have to go through other channels to get it done. There is also some sidewalks he. agreed to take care of at that time. I would like to see that taken care of too. Acting City Manager Grammer: We have a problem on the West side of S. W. Fourth Street since the swale was put in the street. There are two drive- ways cut out where we had to put a ramp so that people could get into their driveways. I would like to ask the commission about putting them in and I do not think the people should have to pay for them as there was practically new sidewalks in these two locations. I would like to have permission to get the two driveway cuts put in and the city pay for them. „,.;'. d.�,x Commissioner Tarpley: Speaking of sidewalks -- I have a couple of places I would like to see sidewalks. One is in front of the city hall. I would like to see about a 10 foot walk put in from the parking lot straight into the office, we have a path across there now. It is confusing to people • that are strangers when we have only one walk. Another area is the East side of Frost Park be included in this same contract, I feel we will get a better price on it. Acting City.Manager Grammer: I would like to pick up the walk at the Dania Bank and have the whole West side of the street done at the same time as we • are going to have them on the East side of the street very soon. Commissioner Young: Why don't you go to the other property owners and sell them on the idea. A motion was made by Commissioner Young authorizing the city manager to adver- • tise for bids for the construction of sidewalks as discussed, and providing a contractual agreement is signed by property owners involved, agreeing to pay for sidewalks, bids to be received until 8:00 o'clock P. M., April 6, 1964. The motion was seconded by Commissioner Tarpley. . Commissioner Thornton: Do you have the engineering.done2 Acting City Manager Grammer: We have sidewalk specifications and the only engineering you need is for the walks around Frost Park. The building in-- spector has been inspecting all the engineering work and I think he can set the grades for that sidewalk. A metter was read from the Dania Shuffleboard Club as follows: "Dear Mayor Hill: We know of and appreciate your interest in the Senior Citizens of Dania. In view of this we request your aid in obtaining a 5 Ton reverse cycle air con- ditioner for the senior citizens building in Frost Park. We now have 61 mem- bers, and know we could attract more were it not for the fact the building is so cold in winter and the bugs so bad.`in summer. In order for Dania to attract tourist and residents, we must have an adequate recreation program. With the existing facilities, this is "impossible. We thank you for your assistance and trust you will give this matter your earliest consideration. Very truly yours, Tom Allen, President" Commissioner Tarpley: I am in accord with them. I would like to see the Acting City Manager get a qualified air conditioner man go down and make a survey of the building and give us a recommendation. We may not need that much air conditioning. There being no further business, the meeting adjourned. M y Thornhill City Clerk Vera L. Hill Mayor Commissioner .0 IYCI -12_ Le VN nt