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HomeMy WebLinkAbout25 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 255 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, St. Ruth Missionary Baptist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Certificate of Appreciation presented to Christy Blocker Dominic Orlando, Director of Public Services, recognized Christy Blocker, Dania Beach Fire Department, for going above her duties during the Inflow and Infiltration Project. The project included smoke testing of the sewer system and notification to the public. The Fire Department's phone number was inadvertently advertised and Ms. Blocker received all the phone calls. 4.2 Presentation by Calvin, Giordano & Associates, Inc. on the SE 2„d Avenue/SE 3`d Street Neighborhood Traffic Study; SW 2"d Avenue Traffic Study Mayor Flury advised the presentation would be continued until the City Commission meeting of August 8, 2006. 5. Proclamations • 5.1 C.K. "Mac" McEI ea Day Y Mayor Flury recognized Commissioner McElyea with a proclamation for his 50 years of service in the towing business. She was joined by the City Commission and City Manager in the presentation. Also present were members of Commissioner McElyea's family. 6. Citizen Comments George Jason, 4549 SW 37th Avenue, commented Dania Beach Neighborhood United (DBNU) plans to work with Deputy Fire Chief Cassano to develop a CERT Program in September. He asked for support from the Commission to supply a training captain from the Fire Department, in order to prepare for next year's hurricane season. He noted DBNU is currently working on a radio network for each of the different neighborhoods. He advised the next meeting of DBNU would be Thursday, September 7, 2006. 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.4, #7.5, and#7.8 7.1 Minutes: Approve minutes of Regular City Commission meeting of June 27, 2006 7.2 Travel Requests: Travel request of Mark Felicetty, Senior Program & Facilities Manager, to attend the Florida Recreation and Parks Association Annual State Conference in Orlando, Florida, on August 28-September 1, 2006, for certification purposes. (Estimated cost $778.50, remaining balance $2,525.50) 7.3 Request by Rose Williams, d/b/a Rose, for renewal of an occupational license for a Palmistry/Fortuneteller license for property located at 1410 S. Federal Highway 7.4 Request by Peggy Lee, d/b/a Peggy Lee, for renewal of an occupational license for a Palmistry/Fortuneteller license for property located at 219 N. Federal Highway 7.5 Request by Elizabeth Miller, d/b/a Astrology Fortuneteller, for renewal of an occupational license for a Palmistry/Fortuneteller license for property located at 2730 Griffin Road Commissioner Castro asked for comments from staff regarding the renewal of the Fortuneteller licenses. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. Laurence Leeds, Director of Community Development, advised there are no concerns with the • three applications. Commissioner Castro motioned to approve the renewal of the occupational license for Rose Williams, Peggy Lee, and Elizabeth Miller; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Resolutions 7.6 RESOLU.TION #2006-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $34,000.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARD H.T.E. ASP PROGRAM'S OPTIVIEW IMAGING & DOCUMENT MANAGEMENT, AND OPTISPOOL ONLINE REPORT MANAGEMENT PROGRAMS, INCLUDING MONTHLY ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-120 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO • CONTRACT FOR THE PURCHASE OF MEDICAL SUPPLIES AND EQUIPMENT FROM HENRY SCHEIN, A COMPANY, IN AN AMOUNT NOT TO EXCEED $9,000.00 FOR THE REMAINDER OF FISCAL YEAR 2005- 2006, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2006-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REAPPOINTING THE LAW FIRM OF MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A., AS SPECIAL COUNSEL TO THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TO PERFORM CERTAIN SERVICES;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-121. Commissioner Castro questioned if we wanted to continue with the contract. Mayor Flury asked to continue this item until the next City Commission meeting in order for the item to be discussed at tomorrow's Budget Workshop. Commissioner Castro motioned to continue Resolution #2006-121 until the August 8, 2006 City Commission meeting at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. Commissioner McElyea Yes Ordinances (Titles to be read by City Attorney) 7.9 ORDINANCE #2006-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,PERTAINING TO CHAPTER 22, "STREETS AND SIDEWALKS" OF THE CITY CODE OF ORDINANCES; REPEALING SECTION 22-61 OF THE CITY CODE OF ORDINANCES AND CREATING A NEW SECTION 22-61, ENTITLED "ENFORCEMENT", RELATING TO ENFORCEMENT OF THE CITY NEWSRACK ORDINANCE; AMENDING SECTION 22-62, ENTITLED "APPEALS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 ORDINANCE #2006-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY STEVEN SINGER, PRESIDENT, ON BEHALF OF T J&F—RAVENSWOOD, INC., FOR THE"DEZII"PLAT, SUCH PROPERTY BEING LOCATED AT 5481 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DEZII" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE#2006-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR THE "WSSA FLORIDA, LLC" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "WSSA FLORIDA, LLC" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Anton motioned to approve the Consent Agenda, with the exception of Items #7.3, #7.4, #7.5, and #7.8; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, July 25, 2006—7:00 p.m. 9. Public Hearings and Site Plans 9.1 ORDINANCE 42006-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF A PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY WITH VICTORY VILLAS, INC., AND VICTORY LIVING PROGRAMS, INC., FLORIDA NON-PROFIT CORPORATIONS; COVERING THE PROPERTY KNOWN AS THE VICTORY LIVING FACILITY LOCATED AT 851 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, AND MORE PARTICULARLY DESCRIBED IN A PURCHASE AND SALE AGREEMENT, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-027. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-027, on second reading; seconded by Commissioner Castro. City Attorney Ansbro noted the "Post Closing Occupancy" element still needed to be resolved. He recommended a condition where the occupant would pay insurance on the property, subject to the City's satisfaction. Mayor Flury is concerned with the need to continue the use of the residential portion until all residents are relocated in the community. Vice-Mayor Anton commented we need to include the language for liability insurance in the Post Occupancy Clause. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 ORDINANCE 42006-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT — LOCATED ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROC (INDUSTRIAL RESEARCH OFFICE COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-025. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. Corinne Church, City Planner, advised the change would rezone the vacant property from IROC to IROM. The change is requested because IROC does not allow storage as a permitted use, which is allowed in IROM. The Planning & Zoning Board recommended approval. The property will be a self-storage property with retail on the first floor. She indicated variances would be needed during the site plan process, including landscape setback, pervious area waiver, and parking for the warehouse portion of the building. Laurence Leeds, Director of Community Development, advised the applicant revised the building elevations to add windows in the upper levels of the five story building that resembles an office building. The building will be located 60'-70' from Stirling Road. Bonnie Miskel, Attorney for the applicant, noted this is not the typical self-storage facility; all access will be contained within the building, with 15,000 square feet of retail wrapping around the sides. The project has been completely revamped to resemble an office building. They will return for site plan and variance requests. She wanted to address that the parking variance would be for the storage facility only; the parking requirements for the retail will be met. She indicated the City does not have parking standards for this type of self-storage facility. She noted the impact on the neighbors would be low, and would produce good tax benefits for the City. Mayor Flury noted she does not have a problem with the parking because the storage business does not generate a lot of traffic. She noted the.property has a lot of trees and hopes they will be • kept on the property. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino questioned if the change in zoning would be detrimental to our highway in the future. Director Leeds responded no. Commissioner Castro motioned to approve Ordinance #2006-025, on first reading; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No 9.3 ORDINANCE #2006-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE 32, TO BE ENTITLED "MARINA MILE (MA-1) DISTRICT" OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR PERMITTED USES, SPECIFIC EXCEPTION USES, REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. City Attorney Ansbro read the title of Ordinance#2006-629. Laurence Leeds, Director of Community Development, noted a commitment was made by former City Manager Flatley when this property was annexed in 1990. In 2000-2002 the City changed the zoning for all industrial and commercial districts in the City. Mr. Bigger requested a zoning category intended for the Marina Mile district. Director Leeds believes this is a good zoning district for this area only. The City would not rezone any of the surrounding parcels; it would be the responsibility of the property owners. He noted staff recommends approval, and it would not affect any existing non-conforming uses. Mayor Flury opened the Public Hearing. Margaret Crockerson, Executive Director of the Marina Mile Association, commented there should be few properties that request the zoning change. She thanked City staff for working on the change. Alan Gabriel, Attorney representing Pipewelders Marine, is concerned that the marina use will not be allowed to continue at its existing location. They do not wish to be a non-conforming use. Their concern is the distance requirements to a residential land use area. Director Leeds commented the setback requirements in IROM requires residential land use designation, and nothing in this area'has a residential land use designation, nor would he support any change to residential land use designation. There is potential for hotel construction in commercial property, which would not affect Mr. Gabriel's client. In response to the second question regarding setbacks under IROM, Director Leeds noted our residential spacing requirements only applies to property in the City, not to properties in other cities. The residential use near Pipewelders Marine is located in the town of Davie. The zoning change would allow uses previously permitted under the County Land Use designation. Commissioner Bertino commented the area is currently an industrial setting, and he did not hear any objectionable business uses that would be allowed. Vice-Mayor Anton wanted to hear from Mr. Bigger. Mr. Bigger noted the current zoning does not allow uses that previously were permitted under the County zoning, such as displaying boats and vehicles. He would like to have the same property rights he had before annexation into the City. Vice-Mayor Anton agreed there was nothing objectionable in the allowable uses. He does not have a problem with the zoning change. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. Commissioner Castro motioned to approve Ordinance #2006-029, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.4 RESOLUTION#2006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 13,2006 and June 27, 2006) City Attorney Ansbro read the title of Resolution#2006-094. Corinne Church, City Planner, noted the building has been redesigned to satisfy the elevations and appearance of the building, as requested by the City Commission. She noted no variances were required for the site. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-094; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION#2006-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.36, "WALLS, FENCES AND HEDGES" AND CHAPTER 26, "VEGETATION', ARTICLE IV, "LANDSCAPING", FOR PROPERTY LOCATED AT PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-126. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 25, 2006—7:00 p.m. Laurence Leeds, Director of Community Development, advised the property was previously occupied by the Aqua Isles Mobile Home Park. The site contained 100 mobile homes, most of which have been moved. The new development would be 127 townhouses with a single entrance on Griffin Road. He noted the City's Consultant is comfortable that enough drainage infrastructure is provided on the property. The developer would like to duplicate the gate at Cocoplum and Harbour Isles. He stated the Planning and Zoning Board recommended approval, subject to conditions being resolved before site plan permit issuance. He advised the issue of Park Fees needed to be decided tonight by the Commission. Bonnie Miskel, Attorney for the applicant, noted they have appeared before the Commission several times on this project. She stated they do not object to any of the staff recommendations. She noted the dedication on Griffin Road, on their parcel, exceeded most of the parcels to the east and west, it actually exceeds the trafficway plan. She indicated that Broward County would not object to an abandonment because the portion of Griffin Road in front of the property is built out. The goal is to create privacy with the wall. The entry gates are not on Griffin Road, they are located within the interior of the property. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro questioned the issue of park dedication. Attorney Miskel noted they prefer to pay the fee in lieu of the park. She indicated this was decided several months ago by the City Commission. Mayor Flury confirmed that the Commission approved to take the money. Commissioner McElyea motioned to adopt Resolution #2006-126, subject to conditions; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.6 RESOLUTION#2006-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-127. Laurence Leeds, Director of Community Development, recommended approval with the same conditions as Resolution#2006-126. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 25, 2006—7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-127, subject to conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro had no comments. 10.3 Commissioner McElyea Commissioner McElyea had no comments. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented he would not be present at the August 2, 2006 CRA Board meeting. He requested the meeting be cancelled. Vice-Mayor Anton motioned to cancel the August 2, 2006 CRA Board meeting; seconded by Commissioner Castro. The motion carried unanimously. Vice-Mayor Anton mentioned the airport issue is an ongoing issue. He noted flights have gone down for the past several months. He does not want people to think this is a dead issue. Vice-Mayor Anton congratulated Commissioner McElyea on his 50 years in the towing business. 10.5 Mayor Flury Mayor Flury also commended Commissioner McElyea on his 50 years in business. She commented somebody has to deal with an accident where pipes broke around the Sheridan Ocean Club. She indicated that she received a number of calls complaining that there was • nobody to talk to during the emergency. She stated the emergency number should have a person answering the phone. She asked the City Manager to look into the situation. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. 11. Discussion and Possible Action 11.1 Canopy for Frost Park Kristen Jones, Director of Parks and Recreation, presented a conceptual rendering of the proposed canopy for Frost Park. It would be attached to the existing roof, and the cost is $85,000. It would cover half of the patio area. Director Jones noted she has $65,000 in her budget for this project. City Manger Pato noted we could use money from contingency. Mayor Flury stated she does not want to use contingency funds. Commissioner Bertino commented we could use Park Impact Fees. Commissioner Castro motioned to approve the canopy for Frost Park, with additional funding from Park Impact Fees; seconded by Commissioner Bertino. The motion carried unanimously. Patricia Varney, Director of Finance, advised there are no funds available in Park Impact Fees. 11.2 Discussion of Possible Designation of"Surplus" City Property for property located at NW 7th Avenue South of NW 1st Street (Folio #0234 23 0011) City Attorney Ansbro commented the request is from Attorney Tim Ryan. The building of the adjoining property encroaches onto the City's property. The business has expressed a desire to purchase the property, so Attorney Ryan suggested we consider the sale. City Attorney Ansbro noted we would need to have the property appraised, and the purchaser would need to pay at least 90%of the appraised value. Vice-Mayor Anton suggested maintaining the property and leasing it to the business because we have had problems with this business establishment in the past. City Attorney Ansbro responded the building is already located on part of the property. He indicated we could deed restrict the property. He noted there are liability issues if the City maintains the property. Vice-Mayor Anton suggested a hold harmless agreement. City Attorney Ansbro will look into deed restrictions. Commissioner Castro asked to continue this discussion in order for City Attorney Ansbro to investigate lease options. • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. • Commissioner Bertino agreed with Vice-Mayor Anton. Commissioner McElyea commented the dumpsters are located on our property. He suggested we sell the portion on which the building is located, and keep the remainder for ourselves. Mayor Flury stated she would not support the sale of the property, she wants to keep it for greenspace. The consensus of the Commission was not to sell the property. 12. Appointments Commissioner McElyea appointed Chris Bartle to the Parks, Recreation and Community Affairs Advisory Board. Commissioner Bertino motioned to approve the Board appointment; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes • 13. Administrative Reports 13.1 City Manager City Manager Pato commented the purchase of Victory Village has brought to our attention the restrictions of the Commission to do real estate transactions. He indicated property values have increased dramatically since the referendum was approved by the voters. He reminded the Commission if they wished to revise the article of the Charter it would need to be submitted to the Supervisor of Elections office in January 2007 in order to be on the March 2007 ballot. He noted the numbers are very restrictive in today's real estate market. City Attorney Ansbro noted that former Commissioner Bob Mikes requested the referendum in March 2005, which was approved by the voters. The consensus of the Commission was not to make any changes at this time. 13.2 City Attorney City Attorney Ansbro advised that our lobbyists, Tidewater Consultants, have alerted us that various Senate Committees are conducting interim projects that the City may be interested in before they become law. • Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 25,2006—7:00 p.m. • The consensus of the Commission was to stay informed. 13.3 City Clerk—Reminders Wednesday, July 26, 2006 - 9:00 a.m. - Budget Workshop followed by a Special Meeting to set the not to exceed Millage Rate Tuesday, August 8, 2006—7:00 p.m. —Regular City Commission Meeting Tuesday, August 22, 2006—7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:34 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC • CITY CLERK Approved August 8, 2006 i Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,July 25, 2006—7:00 p.m.