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HomeMy WebLinkAbout1995-02-28 Regular City Commission Meeting MinutesI]!{VOCXTION BY REVERE,I\ID I{EYERS ROLL CAI,L Present: .DTINUTES DAIVIA Cfl]T COMMISSIOIV REGIJIAR MES.ITNG EEBRUARY 28, 7995 Bob Mikes Bobbie Grace John Bertino Bill Hyde Albert Jones Robert Flatley Frank Adler Marie Jabalee Mayor: Vice Mayor: Commissioners City Manager: City Attorney: Acting City Clerk: The Black History presentation was heard at the beginning of the meeting. 7. PT]BI,IC IIEAR.IIIIG J\IOTICE Citv Attornev Adler advised that the proper notice has been siven and that a public heaiins is bei;e conduded for an alleeld i,iolarion by Browar? Counry of Seciion 380.06 Floridi Starut&hich relates ro develSpments of regional impact. He idvised that a letter addressed to Mayor Mikes has been rec-eived from the Counry Amorney which is being filed with the Citv Clerk- Ciw Arrornev a.dl"r r."d instructions to the Cirv Commission relating to how thev sholld conduh themselves as a jury for the Quas'i Judicial Hearing ands*ore in Atiorney Ed Curtis, Attorney Earl Gallop and \flill Allen, Growth Management Director, for testlmony PurPoses. The Ciw Commission Of The Ciw Of Dania. Florida. Herebv Give Notice That A Ouasi-Iidicial Hearins On An Alfeeed Violaiion Of Section i80.o6, Florida Statutes, R-elatiig To Developnients Of RegiSnal Impact, Is Scheduled For Hearing On Februafr 28- 1995. At z'30 P.M. I; The Ciw Commission Chambers At The Dania Ciry H;ll, foo Virt Dania Beach Boulevaril, Dania, Florida' The Purpose Of The Heirine [s To Determine !/hether Broward County, Acting Through Its Councy Commi-ssion And The Broward Countv Aviation Department, Is In Violation Of Section 380.06, Florida Starutes, By Ulidertaking To implement A Modified Plan Of Development Prior To Submitting An Application For Development Approval For ReviewAnd Action Bv The Citv Of Danii. The Subiect Mattei Of The Hearins Concerns The Extensibn Of Ruhway 9r-271 At The Fort Lauderdale-Hollt'wood- International Airport And The Related Broward County Actions To Acquire Land To The East Of The Runway And To Change The Use Of Land To The Vest Of The Runway. 1REGUUIR MEETING FEBRUARY 28, 1995 In The Event The Ci \-iolation Of Section Enforcement Action. rv Commission Determines That Broward Countv I 3go.oe, Florida Statutes, The Commission Vill t'he sIn n Consider -\ Coov Of A Prooosed Resolution Containine Findines Of Fact. Conclusions Of f.ao'Ahd An Ordir Is On File In The Ciry ClErk's Office And May Be Reviewed Prior To The Hearing. -\.ll Parties May Present Evidence And Interested Persons May Appear And Be Heard .\t The Meeting On This Quasi-Judicial Hearing. Vritten Comments Are Also Invited And Miv Be Submitted To The Office Of The Ciw Clerk. 1OO Vest Dania Beach Boulevard, Dania, Flori&, Prior To The Advenised Meeting (F.S. 163.3184). ]'ou Are Hereby Advised That If Any Person Desires To Appeal Any Decision Made $-ith Respect To Any Matter Considered At This Meeting Or Hearing, Such Person u-ill Need To Ensurd That A Verbatim Record Of The Proceedings IsVade, Vhich Record Includes The Testimony And Evidence Upon \[hich The Appeal Is To Be Based (F.S. 286-010s). .\1'ter 'Weiehine All The ComDetent Evidence Presented At The Above-Mentioned Quasi-Judicial "Public Hearing, The Dania Ciry Commission !7ill Address The Following Resolution: -^\ Resolution Of The Ciw Commission Of The Ciw Of Dania. Florida. Actins Under Authority Of Secti6n 380.11, Florida Statutej, And Florida Administratlve Code Rule gi-2.A27, Determining That Proposed Changes To The Fort Lauderdale- Hollywood International Airport Development Of Regional Impact (Dri) Constitute -{ Substantial Deviation Undlr Section 3io.o6(19), Floiida Statutes Requiring Dri Review And Action By The Ciry Of Dania, That Broward County Is Implementing A \lodified Plan Of Development In Violation Of Section 380.06, Florida Statutes, And Ordering Broward County To Submit An Application For Development ApprovalEithin 60 Davs. To Susoend Authoriw To Acouire Land To The East Of Runwav 9r- l7t, And To iease And besist In Each'And Eviry Action To Implement The Modified Plan Until A Final Order Relating To The Modified Plan Is Rendered By The City Of Dania; Containing Findings OJ Fact And Conclusions Of Law; Providing For' Enforcemlnt Of Thebrder; And Providing An Effective Date." -\norney Ed Cunis Explained That Boxes \(ith Exhibits To The Resolution And All \otices That Vere Sent To Any lnterested Parry And Newspaper For Publication Are Being Filed With The City Clerk Of The City Of Dania. Note: A Court Reporter 'V'as Provided By The Cir-v Of Dania And A Transcript Of The Public Hearin! Vill Be Provided As i'art Of The Minutes For This Meetirig. .\ motion was made by Commissioner Benino, seconded by Commissioner Hyde to adopt the Resolution wirh a[ Exhibits that will be kept in " r"p"."te file box in the City Clerk'i Office. Cin'Attornev Adler exolained that the Resolution reouires Broward Countv to file a :eouest foruo'o.orrl of iheir imoact olan within 50 dais and if thev need more time then rhJ' would Ai'rr. to ,.k fo. "r, ".k"rr.lo., from the Citv of Dania. 2REGULAR MEETING FEBRUARY 28, 1995 The motion to adopt the Resolution passed on the following roll call vote: Comrnissioner Benino - ves Commissioner Hvde - ves Comrnissioner Jo.r"r - y"'r Vice Mayor Grac6 - no' Mayor \fikes - yes 2. PRESeMnAItOt\rS The Black History Month Presentation was heard at the beginning of the meeting. x'Black Flistory Month presentation by Dr. Manin Luther King, Jr. Elementary School, Ms. Lucl- Thomas, Principal Lucv Thomas and her students from the Dr. Manin Luther King, Jr. Elementary Schoolpr.#rrt.d a program honoring black history. The Commission began the Quasi Judicial Hearing at this time The Chamber Presentation was heard at the end of the Quasi Judicial Hearing olaura Piccolo, Vice President of Governmental Affairs for the Dania Chamber, reponed that nerr- officers have been aopointed for 1995 and that Chamber updates will be piesented on a quarrerly basis instead oIi monthly basis. The new officers ari as follows: ^ Vice President of Economic Development- Mimi Donly Presidenr Elect- Mvnle Corbin Vice President of dublic Relations- Jerilyn O'Neil Treasurer - Lorett Breznikar All orher Vice Presidents remain active Ms. Piccolo explained rhar the Chamber held a successful 55th Annual Installation and Awar& Banquit on February 4 at the Graves Museum of Archeology and Namral History and that -{wirds were p..r.rit.d as follows: Joe Dorse" - Outstanding Citizen Award Peesy Breeschoten - Outltandine Senior Citizen Award !fliiha \Iullikin and Frank AdlJr - Pioneer Citizen Award Pedro Hing - llumanitarian Award The monthly Breakfast was held at the Hilton Hotel and Ciry Manager, Roben F. Flatley oresented information about the comoletion and ooenine of ihe oier] The last Business bard Eschanee was held at Flossie's dar & Grill an? the"Executiie Board Meetine is beine held tomorro"* nieht. The time and location of the March Breakfast and Busines! Card " Exchange will be Jiscussed tomorrow night. Ms. Piccolo mentioned that the Chamber has scheduled a golf tournament at the Rolling Hills Golf Course tentatively for June 4, 1995. PL'I-LED FROM THE CONSENT AGENDA Commissioner Hyde pulled item 3.5 from the Consent Agenda. 3 FEBRUARY 28, 1995REGULAR MEEIING 3. CO]VSE]VT AGE,NDA Minutes 3.1 Vorkshop meering of January 1.7 , 1995 3.2 Regular meering of January 24, 1995 Bills 3.3 Approval of bills paid in the month of Janurry, 1995 Resolutions 3.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THECONTINUED .\PPROPRIATION OF FTINDING FOR PRESERVATION 2OOO;AND PROVIDIIVG FOR AN EFFECTIVE DATE." A motion was made by Commissioner Hyde, seconded by Commissioner Benino roapprove the Consenr Agenda with the exieption of item 3.5. The motion passed on rhe following roll call vote: Commissioner Benino - yes Commissioner Hvde - ves C-ommissioner Jor,.r - yes Vice Mayor G."c6 - yei Mavor Mikes - r'es ITEM PULLED FROM THE CONSENT AGENDA Ordinances 3..5 RZ-C1-95 - Rezoning request by Peerless Invesrmenr Company; properry located on the SE corner of NE 7 Avenire and'Taylor Road. "An Ordinance Of The City Of Dania, Florida, Rezonins The Followine Described LandsTo-Vit:The Sq- t,/+ Of The Se t/+ Of The Sw 1/4, Less The Vest 30 Feei And The South 85 Feet Thereof: Together !flith The Eu;r 7/2 Of The Nw t/a Of The Se 1,/4 Of The Swl/4, All In Section 2-6, Township 50 South, Range 42 East; And The Vesr 1/2 Of The NwL/4 OtThe Se 1,/+ Of The Sw 174 Of Section 25-, Township 50 Sourh, Ranee 42 East. All Less The Vesr il Feet Thereof; Less And Excepting From'The Aforesaid iands TheFollowing: The Nonh 316 Feet Of The South ebO Feer Of The Easr 315.50 Feet Of The'West 345.50 Feet Of The !0'est 1/2 Of The Se la Of The Sw 1/4 Of Seaion 26, Township 50 South, Ranse 42 East; Said Lands Siruate. Lvine And Beine [n The Cirv Of Dania.Broward Couriw, Florida, And Containing 7d1,7b Square Fiet Or 16.1 l'19 Acres MoreOr Less, From Present Zoning Classification Of Ie flnilusrrial Genera.l) To Iro findusrrial Research Office) Zoning Clasiificarion Under Thi Provisions Of Ordinance N;. 1OO OfThe City Of Dania, Florida, As Amended; Providine That All Ordinances Or Pans Of Ordinances And -\ll Resolutions Or Pans Of Resolu-tions In Conflict Herewirh Be Rep.ealed To_The.Extent Of Such Conflict; And Providing For An Effecrive Date." (FirstOrdinance Reading) Commissioner Hvde expressed concern rhat the Ciw mav be takine zonine adion onproperty that mav be condemned by the County in ihe riear future"and *h"ether this would have an affect on current litigation iyith rhe County. Mayor_Mikes questioned whether the principal propeny owners are required to disclose therr rdentrty on a rezoning request. The petitioner came forward to stite that thepropefy o^w-ners are Peerless Invesrment Company based in Chicago, Illinois and that Daniel J. O'Shaughnessy is the President. 4REGULAR MEETING FEBRUARY 28, 1995 5. S.rrE Pr.AI\IS Commissioner Hvde - no Vice Mayor Grac6 - yes Commissioner Jones quesrioned why rhey are chanqing from I-G ro IRO zonine and Mr.Allen mentioned that ihere is little differ6nce in thJzoiine classifications exceDr"rhar IRO allows some Special Exceptions rhar rhe peririoner would fike to apply for in rhe future.Mr. Allen explained that ihe Plannin e & Zonrne. Board recommerided aoo.ourl of thu rezoning as the proposed IRO zonin{district is"consisrent with surroun^ding zoning as well as the land use designation on rhe Comprehensive Plan which is Employme-nr Cenier. The Planning & Zoning Board did indicate iwo limiring factors to rhe siti; the werland situation on the properrv and that development cai only rake place on the 5 acres of Property at the west end. Mr. Allen confirmed that this is one of the areas that the Broward Counry Aviation Depanment is considering for purchase in regar& ro rhe airporr expansion project and thar statt was requlred to proceed v,rtth the request anfway. Mr. Leigh Kerr, representing Peerless Invesrmenr Company. menrioned that the owners have spJnt a good iive vears-working with rhe Army C^orpi of Engineers and Florida Depariment 5f Environmental Regu'lation to obtain perm^its. Mr.kerr described the weltern section ofthe property thlt can be developed and rhe existine trade zone building on the site. He requesied ippio"al of the zonins that is consistent wiih the Comprehensrve Plan and undersro6d thar tEJ Commission would have ro approve any furure speiial exception use and site plan. Vice Mayor Grace and Commissioner Benino felt that the ordinance could be adooted on first reading and a final decision can be made on second reading. Ciry Attorney Adler didn't feel thar rhere is any Droblem with uperadine the zonins even if the County may condemn it in the furure. He henrioned thatiEe Coinrv will alio have to obtain peimission from rhe Ciry ro change the zoning to [ransporrarion if thev wanr ro use tne Properry tor arrPon use. A motion was made bv Vice Mayor Grace. seconded by Commissioner lones to adoot rhe ordinance on first reading with t'he stipulaiion that rhe'pedtioner pro.,ide disclosure' information prior to the iecond readirig. The motion passed on the following roll call vote: Commissioner Bertino - ves Commissioner Jones - yei Mavor Mikes - no 4. PROCIAM*TIONS 4 4 4 2 .1 Mayor Mikes declared "Engineers' $[eek" - February 79-25, 1995 .2 Mtyor Mikes declared'Save Your Vision \feek" - March 5-11, 1995 .3 Mayor Mikes declared "United \tr(ay Of Broward County Appreciation \i(eek" - March 4-30, 1995. 5.7 SP-37-94 - Reouest bv Second National Acceotance Corporation for modification of site plan approval for the comme.cial recreation lacility localed at 17OO N'W First Streer. \(lill Atlen, Growth Manasement Director, presented a request for a buildine addition to the arcade buildine at the Grand Prix Race-O-Rama. The 6uildine will be lotated bv the batting cages and ireets all the requirements of the zoning code. Mr. Allen explaine'd that REGULAR MEETING 5 FEBRUARY 28, 1995 \/ the parking, landscaping and utilities are in pJace and that a requesr will be forthcoming on a dedication of a waier main thar has been rilocated on the srre. A motion was made by Commissioner Hyde, seconded bv Vice Mavor Crace to aDDrove the modificarion of site plan approval for ihe'commercial'recreatiori faciliry locate'd'at lZOONV First Street as requested by Second National Acceptance Corporation. The motion passed on the following roll call vote: Commissioner Bertino - ves Commissioner Hvde - ves Commissioner Jorr". - y"! Vice Mayor Gr^.L - y"! Mayor Mikes - yes 6. CITIZZENS' AOMIWEI{TS - Commenls by Dania citizens or interested panies that are not a part o[ the regular agenda should be given in writing or communicaLed verbally prior to 4:00 p.m. the (2nd) and founh (4th) Monday o[ each month. Comments of any nature will be resoonded to bv the office ofthe Citv Manaser. ln the event rhat the concern remains _uriresol"ed, the citizen(s) or party #ill be as"ked to address rhe City Commission during the meeting. 7. E;XPENDTTURE REgUESIS 7.1 Approval of invoice from Bailey Hunt Jones & Busto in the amount o[ 53,424.76 for the period endingJanuary 31,1995, for airport related ser"ices. (Staff) A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the expenditure for Bailey Hunt jones & Busto for airpon related services. The motion passed on the following roll call vote: Commissioner Bertino - ves Commissioner Hvde - ves Commissioner Jon", - nJ Vice Mayor Crac6 - no' Mayor Mikes - yes At this time, Mayor Mikes explained to John Bruckner that he would be allowed to speak under his Commission Comments at the end o[the meeting as there were no citizen comments listed on the agenda. Mr. Bruckner left the meeting. 8. DISCUSSIOIIIAI\ID.POSSIBIE ACTION 8.1 Law Enforcement Trust Fund request by the Broward Sheriff's Office District II Dania. Chief Frey presented his request to purchase some equipment for around $17,OOO from the La* Enf&c'emen[ Trusr Fuid and a'dvised that, qu.k"ily repon has been provided to the City that shows how the funds are replenished from confiscated items. A motion was made by Commissioner Benino, seconded by Vice Mayor Grace to approve the requesr for BSO to purchase equipment in the amount of $17,182.00 for the bicycle patrol. community policing effort, LD. Kids Program and Camera equipment for the holding cell. Commissioner Jones asked that there be more policing provided in the community by BSO. Vice Mavor Grace stated that there have been some positive results in reducins crime over lhe past f6w weeks. Chief Frey reponed that there *'ill b" rno." visibilitv ,".n"or.r the next bo d"yr "rrd reminded the eonimission that BSO is hosting a breakfait workshop 6REGULAR MEETING FEBRUARY 28, 1995 for the clergy in Dania on Saturday ar 9:00 a.m. at the Hilton Hotel in an efforr to work closer with the commrrnitv. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Hyde - yes Commissioner Jon"r - y"! Vice Mayor Grac6 - y., Mayor Mikes - les 8.2 Recommendation for amending the occupational license code by the occupational license committee. Commissioner Hyde asked for an update from staff on their recommendations in changing some of the Occupational License Fee amounts as nothing has been accomplished since"thE October 25, 1994, meeting with the Review Committee. Citv Manaser Flatlev mentioned that the Review Committee recommended nine new clas'sificatioins with froposed fees and to make adjustments to five existing classifications to be more in line with other citres. Eula Gardner, Admin. Asst./Occupational License Clerk, felt that there are enough businesses in the nine new classificitions to warrant individual categories instead of being placed under the un-classified seclion in the ordinance. Mayor Mikis asked Ms. Cardner to frovide financial information as to the impact and pro{it that the changes would provide. Ms. Gardne. aereed to orovide a financialtreakdoin on the fees but rf,entioned ihat the current charge"for the ;ine new classifications is $125.00 each. \ilitl Alten, Growth Management Director, explained that the Occupational License Fees are not used to support hiidepanment and Lhit these fees are normally handled through the City Clerk's dlpa.tment 'in other cities. Citv Manaeer Flatlev commended Eula Gardner for her hard work effons to address the cha'nges in ihe Ia* #ith Occupational Licenses which has resulted in an increase in revenue to the City. The Commission agreed to have an ordinance prepared on the nine new classifications and to have the City Attorney review the car rental category. 8.3 Lack of adequate Alandco buffer for Dania residents. City Manager Flatley explained that propeny owners sent a letter in response to a notice of "., Ad-inis-t."rive Viriairce filed by ilome Sepot which is in Holly'wodd and located on the Alandco properry. The letter triggered a public hearing being set and Home Depot withdrew thiir Administrative Variance request. No action has been taken to construct a noise barrier wall to protect residents alongihe canal being impacted by the loading and unloadine from Home Depot. Mr. Flarley mentioned that Will Allen, Growth Manase.;ent Director. *rbte a letter to Fiollywood in Ianuary and viiited the Zoninq Depaiiment regarding'the matter and no onir""-. to feel thit a noise barrier wall is- necessary. Citv Attornev Adler exolained that the individual homeowners could file a suit against Hollywood b'ut that Dairia could not take action since Dania propeny is not bein"g imoacted. He mentioned that the DRI order with Holh'wood needs to be looked at to see if they are required to provide rhe wall. Mr. Allen mentioned that the DRI order requires ,.r op"n rp"." b.rff"r along the canal. The developer did not have to purchase the opdn 7REGULAR MEETING FEBRUARY 28, 1995 space area and they believe that the industrial properry does not abur the residential propeny.. Discussion.followed on the need foi th'e reiidents ro go ro the Holtywood Ciry Commission to complain as Dania cannot really do anything inlhe matter. The Commission aqreed to have a letter drafred from rhe Mayor to the Cirv Commission of Holll'wood requlsring them to review rhe action taken by rheir sraff in ;his matrer since residents are being impacred and to make a formal requesr for them to orovide some relief.If no response is riceived from Hollywood. then Dania can oursue acri^on throush the Legislatiie process since a DRI ordei is involved. Nlavor Mikes asked that the le"tter be.oii"d to Ripresentative MacKenzie and Senator's Forman and Jenne. Mr. Allen stated that representatives from Alandco and Home Depot have made it clear that they have no inreniion of constructins a wall and that Home'Deoot has indicated thar they are going to plant a row of Green Buiron*ood Trees. Mr. Alleri stated rhat normally a wall wo'uldLe iricluded in this rype of buffering. 8.4 "A Resolution Of The Cirv Of Dania. Florida. -\pprovins Chanee Order No. 1 Submitted By Coastal Systems international, Inc. fo Dedrrcr Th. Ariourrt Of $2,760.62 From The Landscape P6nion Of The Contract And To Extend The Contract Time To Ju-ly 31, 1995, For Final Completion Of The Dania Ocean Pier; And Providing For An Effective Date." City Manager Flatley mentioned that the change order providing a credit of $2,76a.62 was oreviouslv discussed at the last workshop meetins with Kevin McCabe. Coastal Svstems international, lnc., and it covers a credit'for landicaping, an extension of time ro iemo,re the debris and to extend the expiration date to July 31, 1995, for the Pier. Marie Jabalee, Acting Ciry Clerk, advised that the Resolution needs to be amended to include Murphy Constru&ion in the title since it is their contract that is being amended not Coastal Systems International. Commissioner Benino questioned whethCr the resolution sh6uld be amended to state that the extension to iulv 31 is for the debris removal and not for final completion. City Attorney Adleistited that the reason is listed in the Change Order. A motion was made by Commissioner Hyde to amend the resoludon. The motion was withdrawn by Commissioner Hyde. A motion was made by Commissioner Hyde, seconded by Commissioner Benino to defer adoorion of the resolution aoorovins the Chanse Order to the next reeular meerins until clarification can be provided bn the imorrnt oftredits and arnount beiig withheld lor the debris removal. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes 8.5 Request for revival meeting on Ciry propeny located between cemetery & Byrd Park. \(lill Allen, Growth Management Director, presented a request to hold a revival by Boyd Outreach Evanselisric Min"istries on citv oio'oenv between^ the cemeterv and BvrJPark from March lOio 23 which is berween Etv "'nd Phippen Road. Mr. Allen meniioned rh*t the request includes a 4x8 sign and that thi Commiis:ion may want to include conditions on the noise impact to the residents across the track. 8 FEBRUARY 28, 1995REGULAR MEETING Cin- -\nornev Adler advised that relieious services are not allowed at the I.T. Parker Communiry b.nt., o. any ciry propjrry which is in accordance with separating Church and State. Rev. Frank I. Bovd. Sr. exolained that the maior emphasis of the revival is to provide evaneelistic "effo.i iri th" c6mmunity and to *ork with the young people. Rei. Boyd stated that ihev are willing to pay for insurance, inspections and rr-hatever costs that are necessary. Ma'or Mikes stated that cities operate bv tax revenues and need to remain independent from subsidizing any church ot'gro,rp of churches and thar this request does not involve a Dania church. Vice \layor Grace mentioned Dania's desire to work within the community with tax payi-ng citizens and her inabiliry to support the reque$. Rev. Bovd mentioned that he would not be too disappointed if the request is not approved and undlrstood the Ciry's position. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to deny the request. The motion passed on the following roll call vote: Commissioner Bertino - yes Com-r:.issioner Jones - yes Ma1'or Mikes - yes ADDENDUM Commissioner Hyde - yes Vice Mayor Grace - yes 8.6 Cirv Manaeer Flatlev mentioned that the City made a counter proposal to Steve Snvder bn the S"eafair o.6p..rv to receive half of what he receives frbm-FAU on the or6cosed ocean eneinieri;ls c;nter at the beach. He mentioned that FAU cannot pay LyLor. for the.pr"operry ihan the amount of the appraisals and rhat the appraisal work is neanng completron. Karla Coleman, FAU, mentioned that the appraisers expesr ro have some information for h.i dt ,h. end of the week and that negotiaiibnt c"nnof b" completed by the time the refe:endum question is presented ro voiers on March 14, 1995. She expressed a desire to continue to riegotiate wirh the Ciry and to provide information on the project as it becomes available. Mar-or Mikes stated that the Cirv of Dania is not in any position to rurn prime beach Drocerrv over to FAU for their laciliry without any compensation and rhat FAU and Lrion Group should not expect thisbf the citizens of D'ania. Ms. Coleman stated her ,rndi:strndini of this positioi and her hope that negotiations can be worked out. Commrssioner Bertino explained that the citizens are being asked to vote on a proposal that is nor definitive and rhat the City should conrinue to negotiate for a deal that is better s[6 v.'hat is currenrly received from Seafair. Mar.or Mikes felt thar Arason Group has been in default of their contract and thar legal acrion should be pursued along thesd lines so rhat the propeny could be leased to someone who really wants to promote it. 9REGULAR MEETING FEBRUARY 28, 1995 Commissioner Bertino questioned the Ciry Attorney on whether the Ciry could find Arason Grouo in defauli of their lease. Ciry Attorney Adler explained that the buildine do.."not beloirg to .\ragon Group as the building was built on Ciry ProPerry and is sub[ect to the lease. Mi. .{dler stated that as lonq as Aragon Group pays the rent they can use the building which thev say cosr rhem bet*ein 8 anal 9 miilio; dollars. Mr. AdlCr explained. that Arigon.hx only been paying minimum.rent and that the City expected the p-lace. to be opera[rng wtth re$aurants and stores. Ihe crry was suppose to recelve a Percentage or tne piofit bu-r this onlv happened for a shon time before Seafair shut down. 8.7 Citv Manaser Flarlev reminded the Commission and public that the pier will be oo.nirrd in aborlt o.re wi'ek and that the formal dedication^is scheduled in-conjunction with t6e Daiia Lion's Club One-Ton Tug on March 18,1995. IO.APPOII\I:I!4EIYTS 10.1. Appointment of 1 member to rhe Airport Advisory Board was continued to the next regular meettng. 10.2. Appoinrment of 1 member to rhe Unsafe Structures Board was continued to the next regular meetlng. 10.3 Aooointment of 1 member ro the Downrown Redevelopment Agency and Dania Ecorromic Development Board was continued to the next regular meeting' I I. ADI'IIIrISIR.ATIVE REPORTS City Manager City Manaser Flarley reminded the Commission and public that the nest regular meeting is on M".ch is, tss),lue to the elections on March 14, 1995. Funher corunents related to concern that Gloria Daly has become seriously ill. City Attorney - no comments 7 2. COMIWISS,ION COIUMEMIEI 12.1 Commissioner Benino menrioned his visit at the Dania Retirement Home that honored the "Volunteer of the W'eek." 12.2 Commissioner Hyde suggested to rezone vacant property to increase the City's tax base.iz.i Co-*irrioner Tones mentioned his recent visit to the Dania Retirement Home and i"-rt"l..J"l."iihJ lo."tion of a dumpster near [he home. He commented on vaqrnt pi.p'"[i.iitrri -e used for drug houses'and encouraged the public to vore in the upcoming electron. Commissioner Iones mentioned his recent speaking engagement at BCC for Black History Day and how giatifying it was to see his sruilents pursuing education' 12.4 Vice-Mavor Grace advised that she also attended the Dania Nursing Home "Volunteer ofihe !0eek' event. 12.5 Mayor Mikes complained about loud speakers in the City and suggested that changes be made io site plan md landscaping requirements. He encouraged everyone to vote rn the upcoming election on March 14, 1995. REGULAR MEEflNG 10 FEBRUARY 28' 1995 fhis meetin3l was adlourned. ClrY REGULAR MEETING L,,,FEBRUARY 28, 1995