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Regular Meeting
City of Dania Commission
October 23, 1979
Invocation: Reverend Jones
Pledge of Allegiance.
Roll Call :
Present:
Mayor: James Adams
Vice Mayor: John Bertino
Commissioners: Jean Cook
Robert Donly
Howard Hirsch
City Attorney: Frank Adler
City Manager: Richard Marant
City Clerk: Wanda Mullikin
Police Chief: Rudolf Rigo
Building Consultant: Luther Sparkman
A motion was made by Commissioner Hirsch, seconded by Commissioner
Bertino to approve the minutes of October 9, 1979.
The motion passed unanimously.
1. Public Hearings.
a) Mayor Adams opened the public hearing on a request by Jacques A.
Gallet to vacate an alley which is generally located on the
Southeast corner of North Federal Highway and Taylor Rd. The
Planning and Zoning Board recommended approval of this request.
Fire Chief Eugene Jewell said there would still be access for
fire equipment if the alley were vacated.
A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to adopt the resolution vacating the alley.
City Attorney Adler read the title of the Resolution vacating
the alley.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
b) City Manager Marant read a letter from Mr. Clarke Walden requesting
that the proposed ordinance changing the City Charter in regards
to awarding an exclusive garbage contract be withdwawn from the agenda.
City Manager Marant suggested that this letter might be inappropriate
because the Commission gave the City Attorney and the City Manager
specific direction to review, revise and present to them an ordinance
that we had prepared. He asked the City Attorney to clarify whether
the discussion pertained to the ordinance drawn by up by the City Attorney
or the ordinance presented by Mr. Walden.
City Attorney Adler stated that both ordinances covered the same subject
matter, with the exception being that the ordinance prepared by the
City Attorney eliminated any unnecessary parts. He said the commission
had complete control and could act in any way it saw fit.
L;.
City Manager Marant recommended two changes in the ordinance if the
Commission did chose to act upon it. That the ordinance include a
provision for specs and bid, and that the City Commission be established
as the regulatory board for any rate increases.
City Manager Marant asked for permission to agenda for the next
meeting a contract which he has prepared, in terms of negotiating
a settlement with Mr. Sette.
Commissioner Bertino stated he would not want anything on the agenda
that would be in violation of a Court Order. City Manager Marant
stated that any negotations would be with the approval of the Court.
Commissioner Donly was opposed to the City Manager's recommendations.
He objected to putting bid specifications in the City Charter. He
also stated contract negotiations should not be brought into a
discussion of charter change. Commissioner Donly felt that since the
initial ordinance was presented by Mr. Walden, and he was asking that
it be withdrawn, that no action should be taken at this time.
A motion was made by Commissioner Donly, seconded by Commissioner
Hirsch not to consider a charter change at this meeting.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
c) Mr. Dixon Thomas represented Mr. Eugene Wilkins in the matter of
rezoning the N 216' of the E 200' of the NETS of the SW,- of the NW;
of Section 35-50-42. He stated that he presented the petition for
rezoning of this property to the Commission at the October 9, 1979
meeting.
City Attorney Adler read the title of the ordinance rezoning this
property to C-3 classification.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Donly to adopt the ordinance on second reading.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
d) City Attroney Adler read the title of the proposed sign ordinance.
A motion was made by Commissioner Bertino, seconded by Commissioner
Cook to adopt the sign ordinance on second reading.
Commissioner Bertino directed Building Official Maxwell to present
to the Commission any ammendments he thought necessary for action
at the next meeting.
The motion passed on the following roll call vote.
Commissioner Bertino - yes Commissioner Hirsch - yes
Commissioner Cook - yes Mayor Adams - yes
Commissioner Donly - yes
(see Commission Comments.)
2. Mayor Adams opened the hearing on receipt of bids for Sewerage Improvements
1979, Project No. 79-081.
s City Manager Marant requested that Item 11, receipt of bids for installa-
tion of water main on Tigertail Blvd. , be heard at this time.
Regular Meeting - 2 - October 23, 1979
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A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to alter the agenda to move Item 11 to be Item 2a.
The motion passed unanimously.
A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino
to close the bids at this time.
The bidding was closed at 8:15 P.M.
The motion passed unanimously.
City Manager Marant opened the bids for Sewerage Improvements Project
No. 79-081.
Lanzo Construction Co. $344,653.50
Intercounty Construction Co.
Ft. Lauderdale, F1. 310,611.25
Gateway Construction Co. 303,408.71
James A. Porter Co. 369,163.50
A motion was made by Commissioner Hirsch, seconded by Commissioner
Bertino that the bids be turned over to the City Manager for tabulation
and recommendation at the next meeting.
The motion passed unanimously.
(Item 11 ) 2a. Receipt of bids for installation of water main on Tigertail Blvd.
A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch
that the bidding be closed.
The motion passed unanimously.
City Manager Marant opened the bids for the installation of a water
main on Tigertail Blvd.
Intercounty Construction Co. $69,671.00
Gateway Construction Construction Co. 89,860.00
A motion was made by Commissioner Bertino, seconded by Commissioner Cook,
that the bids be turned over to the City Manager for tabulation and
recommendation at the next meeting.
The motion passed unanimously.
3. Mr. John Weaver of Keystone Engineering requested a minor revision to the
Lone Star Plat designating certain tracts.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook
to grant this request.
The motion passed unanimously.
4. City Attorney Adler read the title of a proposed resolution concerning
an Advisory Committee on Election Laws.
A motion was made by Commissioner Donly to adopt the resolution concerning
an Advisory Committee on Election Laws. The motion was seconded by
Commissioner Bertino.
Regular Meeting - 3 - October 23, 1979
City Manager Marant read the resolution.
The motion passed with Commissioner Cook voting no.
5. City Manager Marant explained that it was required by the Federal
Government, as part of the EDA grant, that a resolution be adopted
accepting the building and a Certificate of Occupancy be issued by
Building Official Maxwell . The audit report reflects expenditures of
$2,800.00 over the EDA grant.
A motion was made by Commissioner Bertino, seconded by Commissioner Donly to
accept the final report for the EDA project No. 04-51-00576 and accepting
the building.
The motion passed unanimously.
6. City Manager Marant requested permission to expend $4000.00 for plants,
trees and renovation of the fountain system in the atrium. Funds are
available from surplus Federal Revenue Sharing.
A motion was made by Commissioner Cook seconded by Commissioner Bertino
to adopt a resolution granting this request.
The motion passed unanimously.
7. City Manager Marant requested permission to expend $2,400.00 to cut back
the Ficus Trees at Frost Park.
Commissioner Bertino suggested that an amount be set aside in future
budgets for perpetual care of the trees in the City of Dania.
A motion was made by Commissioner Bertino, seconded by Commissioner
Cook to adopt a resolution granting this request.
The motion passed with Commissioner Hirsch voting no.
8. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly
to cancel the meeting of November 27, 1979.
The motion passed unanimously.
9. Mayor Adams recommended that the Commission appoint Linda Ely to the
Housing Authority Board.
A motion was made by Commissioner Bertino, seconded by Commissioner
Donly to accept Mayor Adams' recommendation to appoint Linda Ely to the
Housing Authority Board to replace Kurt Ely whose term is expiring.
The motion passed unanimously.
10. Citizens Comments:
Kurt Ely expressed his displeasure with the Jaycee's proposed Haunted
House on Federal Highway.
City Manager Marant explained that he felt the city ordinances and
building inspections have been satisfied. Also, he felt there would be
sufficient police protection.
Frank Hesten, State Legal Advisor to the Jaycees, explained the functions
of the Haunted House.
Mrs. Delarosa, representing Sunshine Villas Apartments also spoke against
this.
Regular Meeting - 4 - October 23, 1979
Commission Comments:
City Manager Marant explained that in August when Menefee Construction
Co. submitted their bid for the repaving of NE 1st St• , NW 2nd St. , SW 5th
St. , and drainage on SW 5th St., it included drainage on SW 4th Ave &
3rd St. at a cost of $12,000.00 which he recommended be deleted because
the area was under water at the time and it was impossible to give a
correct estimate. At this time, Mr. Menefee has submitted a bid for $10,000.
City Manager Marant requested a change order on the original bid.
City Attorney Adler stated that since this was deleted from the original
bid and is over $5,000.00,it must be rebid.
City Attorney Adler recommended that the Commission adopt the changes to
the Sign Ordinance as suggested by the Planning & Zoning Board.
A motion was made by Commissioner Bertino, seconded by Commissioner Donly
to reconsider Item D.
The motion passed unanimously.
City Attorney Adler read the proposed change to Section 18, subparagraph B
page 3 of the Sign Ordinance. The Planning & Zoning Boards recommends
deleting the words "direction sign, ground signs, post signs A-signs and
snipe signs" so that the section reads as follows:
Billboards, except those erected and displayed by public authority,
shall not be erected, constructed or displayed within one hundred
fifty (150) feet of the center line of U.S. Highway No. 1, also
known as Federal Highway, to the extent that such highway lies
within the City limits of the City of Dania, and billboards, except
those erected and displayed by public authority, shall not be
erected, constructed or displayed within one hundred fifty (150)
feet to the center line of State Highway AlA, also known as Dania
Beach Boulevard, to the extent that such highway, or boulevard
lies within the City limits of the City of Dania.
A motion was made by Commissioner Bertino, seconded by Commissioner
Hirsch to adopt the amendment.
The motion passed unanimously.
Meeting Adjourned.
AYOR - COMMISSIONER
CITY CLERK - AUDITOR
Regular Meeting - 5 - October 23, 1979
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AGENDA
REGULAR MEETING
DANIA CITY COMMISSION
OCTOBER 23 , 1979
8 : 00 P. M.
MEETING TO ADJOURN ON OR BEFORE 12 : 00 A.M.
® Invocation
Pledge of Allegiance .
Roll Call .
® Approval of the minutes of the regular meeting of October 9 , 1979,
1. Public Hearings :
a) Request is made by Jacques A. Gallet to vacate an alley which
® i; generally located on the southeast corner of North Federal
Highway and Taylor Road. Subject property is zoned C-4 (com-
mercial ) . The Planning and Zoning Board at their meeting of
October 2 , 1979, recommended that the Commission approve this
request.
EXHIBIT : Notice of Hearing
b) First reading of ordinance changing the City' s Charter to per-
mit an exclusive garbage contract.
(ordinance previously distributed)
c) Second reading of ordinance rezoning the N 216' of the E 200'
® of the NE'k of the SA of the NW34 of Section 35-50-42 , generally
located at 685 Gulfstream Road, from existing zoning classifi-
cations to C-3 zoning classification.
(ordinance previously distributed)
d) Second reading of new Sign Ordinance.
® (ordinance previously distributed)
2. Receipt of bids for Sewerage Improvements 1979, Project No. 79-081.
3 . John Weaver of Keystone Engineering requests a minor revision to
Lone Star Plat.
EXHIBIT: Plat forthcoming
4. Possible adoption of resolution on proposed Advisory Committee on
Election Laws.
(resolution previously distributed)
• 5. Adoption of resolution accepting final report for EDA project
No. 04-51-00576 and accepting building.
6. Request by City Manager to expend $4, 000 for plants, trees and
renovation of fountain system in atrium. Funds available, surplus
revenue sharing.
7 . Request by City Manager to expend $2 ,400 to cut back ficus trees at
Frost Park.
8 . Possible rescheduling of or cancelling of regular meeting of November
27 , 1979 , due to National League of Cities Convention in Las Vegas.
9 . Appointment of Housing Authority Board members.
` 10 . Citizens ' Comments.
ADDENDUM
11. Receipt of bids for installation of water main on Tigertail Blvd.