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HomeMy WebLinkAbout2007-05-08 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 8, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. Mayor Anton noted that Vice-Mayor Jones was in Washington, D.C., and would be participating in tonight's meeting via telephone. 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: Bob Anton Vice-Mayor: Albert C. Jones - via telephone Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 City Commission enforcement of Public School Concurrency as part of the Site Plan and Plat Review Process — Susan Trevarthen, Special Land Use Counsel to the City of Dania Beach Susan Trevarthen, Special Land Use Counsel to the City of Dania Beach, advised that a detailed memo was in the agenda packet and had been previously provided to the Commission. She further indicated that the Florida Legislature recently mandated that public school concurrency be adopted by all Florida School Boards, Counties and non-exempt Municipalities by February 1, 2008. Attorney Trevarthen noted that staff would need to ensure that public elementary and secondary education facilities are available to meet the current and future needs of the Dania Beach school population. Vice-Mayor Jones asked how the enforcement of Public School Concurrency would affect the proposed site plans after February 2008. He also asked what would be the proportionate size in the proposed modular classrooms. Attorney Trevarthen responded site plans being received after February 1, 2008 would have to be tested to analyze the impact on schools. At this point the developer would have to offer the proportionate share mitigation, which is: 1) dedication of land; 2) payment for the construction of schools or additions; 3) provision of mitigation to a municipal charter school that meets certain requirements; and 4) other options proposed by the applicant that are accepted by the School Board. She also noted that under the proposed Interlocal Agreement there is a formula which will calculate what the hypothetical impact will be. Attorney Trevarthen emphasized the importance to focus on smaller scale development. Attorney Trevarthen clarified for Vice-Mayor Jones that if a developer's impacts are less than one classroom, the draft revised Agreement provides for mitigation banking, which allows the developer to be reimbursed by other subsequent developments that benefit from that classroom. Mitigation requiring the acquisition of land is required to include a land cost factor. Vice-Mayor Jones asked staff for the approximate number of proposed site plans, prior to the implementation of the school concurrency as part of the site plan review and plat process. Commissioner Castro was concerned with the formula used for student generation rates and thought these were not totally accurate. She challenged the School Board not to wait until 2008, but to start looking at current impacts today and find ways to get schools in the community and offer some type of school model. Attorney Trevarthen clarified for Commissioner Castro that the issue has been discussed and proposals for urban school site plans have come forward. Commissioner Bertino commented this encourages builders to develop housing for the elderly, not child-bearing age people. He commented he could foresee a problem with the allocation of the portables, because they were paid by developers who built in our City and if they are sent to another city we may not get them back. Attorney Trevarthen clarified that she was talking about modular, not portable classrooms. She advised that a modular, as opposed to portable, is a partially pre-fabricated classroom which results in permanent construction. She indicated that under the proposed Agreement, portables are not part of the equation. Attorney Trevarthen noted the City does not have an option to not participate, since penalties will be charged to the City and the School Board. Also, the City could lose the ability to approve any plan amendment that increases residential development. This is a situation created by the Legislature and we must try to make the best of it. She further stated that she is here tonight to note the Commissioners' comments and provide them to the County and the School Board, respectively, and negotiate additional language if needed. Laurence Leeds, Community Development Director, responded for Vice-Mayor Jones that we could have approximately 250-450 additional units approved by site plan between now and Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. February 2008. He further advised that the Local Activity Center (LAC), which is the downtown area, is exempt from this requirement. Mayor Anton confirmed that Attorney Trevarthen would convey the City Commission's concerns to the entities involved, with the hope that this proposal would be more acceptable to everyone. Attorney Trevarthen advised that DCA was careful to avoid affecting the Statute. She noted there would be some discussion on school concurrency at their next meeting, and they may consider a reduction as a potential reform. 5. Proclamations 5.1 National Public Works Week (Continued from April24, 2007) Mayor Anton presented a proclamation for National Public Works Week to Dominic Orlando, Director of Public Services. Mayor Anton commended Director Orlando for his leadership and advised that as part of the upgrades to the water system in the southwest area of the City, the Public Services Department saved the City almost half a million dollars. 6. Citizen Comments Kurt Ely, Chairman of the LT. Parker Community Center Advisory Board, advised he had two fee waiver requests recommended by the Board. The first request was for the Dania Community Council Fundraiser on Saturday, August 4, 2007, for a Dinner Dance from 7:00 p.m.-11:00 p.m. This organization's main objective is to help under-privileged people in our community. Commissioner Castro motioned to approve the I.T. Parker Community Center Fee Waiver for the Dania Community Council on Saturday, August 4, 2007; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes The second request presented by Mr. Ely, on behalf of the I.T. Parker Community Center Board, was for a Student Awards Dinner for Collins Elementary School on Friday, May 25, 2007. Commissioner Flury motioned to approve the Fee Waiver for Collins Elementary School Student Awards Dinner on Friday, May 25, 2007; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, May 8,2007—7:00 p.m. Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Lisa Young and Marie Letzer, noted the Dania Beach Heights Civic Association planted their second annual Broward Beautiful Grant last weekend at the corner of SW 41h Avenue and Stirling Road. They thanked Randy Kemmerling and Mardie Halloway of Public Services, for their assistance. They stated that the Relay for Life event was a great success and a presentation will be made at the next Regular Commission Meeting. The Captain's Party for the Relay for Life event will be at Paolo Three's Company Restaurant on June 13`", from 6:30 p.m.-9:30 p.m. They distributed invitations to the Commission for National Maritime Day celebration to be held on Tuesday, May 22, 2007 at I.T. Parker Community Center. Faye Bartelmes, 214 SW 2"d Terrace, commented that the Lions Club representatives were informed at the Special Magistrate Meeting last night that they had to take down their shed. She thought this was a civic building and should be allowed. Bobbie Grace, 110 NW 8`s Avenue, commented her association also received a Broward Beautiful Grant and it will be placed at the atrium of NW Byrd Point. She commented the Commissioners worked very hard to make sure we had gambling in Broward County but by the same token, she was hoping the new owners of Dania Jai Alai would embrace the citizens of Dania Beach. She indicated they need to work closely with the community and address the issues that affect them. She would like the scholarship fund that existed with Dania Jai Alai for Collins Elementary to stay, and for the gaming industry to be supportive of our children and seniors. Commissioner Flury asked how long the shed had been at the Lions Club. City Attorney Ansbro responded the shed has been there for twelve years, but it is a Port Everglades container and cannot remain anymore. They could replace it with another type of shed and it will be allowed if it meets the setback requirements. 7. Consent Agenda Items pulled from Consent Agenda: #7.3, #7.6, #7.9., #7.12 7.1 Minutes: Approve Minutes of the April 24, 2007 City Commission Meeting 7.2 Travel Requests: Request of Ben Rudbeck and John Williamson to attend the National Fire Academy Incident Safety Training in Ocala, Florida on May 20-22, 2007. (Estimated cost $434.40 — Remaining Budget $10,028.21) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. Resolutions 7.3 RESOLUTION #2007-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-083. Commissioner Castro asked Finance Director Varney to explain if the revenue was decreasing. Patricia Varney, Finance Director, responded in the affirmative and commented that revenue would decrease if people reduce the purchase of gas. She noted that the same issue arose last year, but the shortfall was not as drastic as they thought. Director Varney indicated that we will have more information on the percentage of the estimated revenues when DRI works on this calculation next July. Commissioner Castro motioned to approve Resolution 42007-083; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.4 RESOLUTION #2007-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2006-2007 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. City Attorney Ansbro read the title of Resolution#2007-079. Commissioner Castro asked Finance Director Varney for a brief overview. Patricia Varney, Finance Director, responded for Commissioner Flury that utility permit fees are received during the building permit processing. Dominic Orlando, Public Services Director, explained we charge a fee if we need to install utilities in the right-of-way; all other fees are waived. Commissioner Castro motioned to approve Resolution #2007-079; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.7 RESOLUTION #2007-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING SENATE BILL 742, WHICH WOULD PROHIBIT COUNTIES AND MUNICIPALITIES FROM USING TAX REVENUES TO SUE OTHER LOCAL GOVERNMENTS; URGING MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE THE BILL; DIRECTING THE CITY CLERK TO DISTRIBUTE THIS RESOLUTION TO THE GOVERNOR, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE BROWARD LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES, THE BROWARD LEAGUE OF CITIES, AND ALL CITY CLERKS OF MUNICIPALITIES IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE, WHICH PROTECTS LAKE OKEECHOBEE IN THE STATE OF FLORIDA, TO BRING THE DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF AN ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; REQUESTING LOCAL SOUTH FLORIDA GOVERNMENTS TO ENACT RESOLUTIONS SUPPORTING THESE REQUESTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION 42007-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-087. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 8,2007-7:00 p.m. Dominic Orlando, Public Services Director, noted our yard is open on Saturdays for people to bring their waste, but there is a limit to the volume they can bring. The County will provide facilities to accommodate residents that will work in the same manner as the cooperative approach with the Household Hazardous Waste. Commissioner Bertino suggested asking FEMA if they would be willing to cooperate financially towards this operation. Commissioner Castro motioned to approve Resolution 42007-087; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.10 RESOLUTION 42007-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM FISHER SCIENTIFIC COMPANY, LLC, IN AN AMOUNT NOT TO EXCEED $33,000.00 FOR FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2007 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title read by City Attorney) 7.12 ORDINANCE 42007-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TAXATION" BY REVISING SECTION 23-111 TO PROVIDE FOR HOMESTEAD EXEMPTION OF UP TO $50,000.00 FOR ANY PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE AND MEETS OTHER SPECIFIED ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2007-010. Commissioner Castro asked Finance Director Varney to give an overview on how this law will affect the City's revenue and what people over 65 years of age would need to do to apply for the additional $25,000 homestead exemption. Patricia Varney, Finance Director, advised that our revenue will be reduced by $51,694. She clarified that once the Ordinance is adopted on second reading, it will be sent to the Property Appraiser's Office to make the necessary adjustments. It is not necessary for people to apply for this exemption. Commissioner Castro motioned to approve Ordinance #2007-010, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Flury motioned to approve the Consent Agenda, with the exception of Items #7.3, #7.6, #7.9 and #7.12; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no bids at this meeting. 9. Public Hearines and Site Plans 9.1 ORDINANCE #2007-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE "DANIA JAI ALAI PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 3RD AVENUE AND NE 5TH AVENUE, 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 "DANIA JAI ALAI" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the titles of Ordinance #2007-009, Resolution #2007-081, Resolution #2007-090 and Resolution#2007-089 because the all relate to the same property. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. Mayor Anton opened the Public Hearings. Don Hall, Attorney for the applicant, noted the plat consists of three parcels. Parcel A is where the Casino and Jai Alai Fronton will be located. Parcel B, referred to as the Tomato Field, is zoned RS-8000 and is restricted to 54 single-family homes. He reaffirmed that this property is not included in the Master Plan and therefore Boyd Gaming will not develop it. Parcel C will be restricted to the parking lot for Frost Park; it will be developed and turned over to the City at no cost. Attorney Hall indicated that Plat approval is considered ministerial and must be approved if it meets all the requirements. He noted that the relocation of NE 2nd Street will provide continuous access from US 1 to Gulfstream Road. They believe the relocation of NE 2"d Street will be in the best interest of everyone. Attorney Hall advised that Kimley-Horn met with the Police and Fire Departments to discuss the suggestions made by citizens at the Planning and Zoning Board meeting. The exits were relocated after the meeting and the Police and Fire Department noted their concurrence with the relocation. Blake Cumbers, Vice-President of Development for Boyd Gaming, reviewed the design criteria, development process, the existing facility, and the site plan for the new development. Bill Carey, Kimley-Horn and Associates, noted the access areas for the Fire Department. He noted the signal at 5th Avenue is currently out to bid, and they expect the notice to proceed to be issued in mid-July; the signal should be erected between January—April 2008. Robert Wecker, 203 NE 3`d Avenue, read a statement from the National Institute of Health regarding heart attacks. He commented on the time required for emergency vehicles to respond. Mr. Wecker indicated that sexual predators live behind the Church. He noted that Section 550.136 gives the Commission the authority to deny the request if it interferes with the health and safety of the residents living in that area. He opposed the project. Ralph Viviano, 131 SE 3`d Avenue, thought Boyd Gaming had done an exceptional job and hoped the Commission would give approval. He submitted a list of people who support his comments. Kurt Ely, 245 SW 1st Avenue, spoke in favor of the proposal. He urged the Commission to vote and support the project. Margaret Croxton, representing businesses on Marina Mile, advised they support this project because the millionaires have no other place to go. She commented that Dania Beach is a tourist destination and this will put us on the map. Ron Dooley, representing the Chamber of Commerce and Key College, noted he needed approval for the college when he came to the City. He needed to assure that they would provide parking for the school. Mr. Dooley expects that Boyd Gaming will address the interests and concerns of the community. He hopes the Commission will vote in favor of the project. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. Linda Schwartz, 341 NE 3rd Avenue, noted she did not vote for gaming. She commented that homeless people live at Frost Park and it is not a Boyd Gaming issue, it is the City's and they should address it. Mrs. Schwartz was against the project. John Schwartz, 341 NE 3`d Avenue, commented traffic on AlA would like to stay on AIA without going through Dania Beach Boulevard. He will have to drive an extra half mile because Boyd Gaming wants to have a parking lot for their employees. Mr. Schwartz was concerned with what the City will do with the major traffic congestion on Dania Beach Boulevard. He noted the City will lose a bypass to the ocean. Chris Aritt, 610 NE 3`d Street, representing the NE Dania Beach Property Owners Association, noted that they presented a Wish List to the City and Boyd Gaming. He had additional questions tonight about the note on the Plat "not to develop the Tomato Patch", the Library parking and the noise from the central heating/air conditioning center. Mr. Aritt indicated that the Association does not want to see access to the facility from the back. Janet Louise Komocsin, 514 NE 3`d Street, commented on pedophiles. She was concerned about children in the area who walk on 2"d Street to go to the park. She questioned if deliveries could be done on the south side of the building because of the noise of the delivery trucks. Beulah Lair, 1433 NW 8`h Street, Melaleuca Gardens, asked what they are doing with the Church. Charles D. Murphy, representing Men United for Positive Action and the Little League Football kids, was concerned with gambling and the effect it will have on children. Mr. Murphy asked what community involvement Boyd Gaming had to discourage children from gambling. He is for the Casino if they provide jobs and internships for children. Faye Bartelmes, 214 SW 2A Terrace, supported the project. She also questioned how people would get to the Church, since nobody has mentioned it. Paolo Di Francis, commented he is a businessman at 242 E. Dania Beach Boulevard. He supports the project. Rose Lizana, SE Dania Beach, commented this sleepy little town will grow, and thanked Steve Snyder for bringing Boyd Gaming to the community. NJ Terrace, 105 NW I" Avenue, was in favor of the Casino and thought it would be good for Dania Beach. She questioned if Boyd Gaming could purchase additional land to make sure it is not developed, in order to preserve the trees and animals. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Commissioner Castro commented the City is doing a Master Plan for a new Library which would be located closer to City Hall. She noted this was a very difficult plan to accommodate and Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. thought Boyd Gaming presented a good project, based on the feedback received from the neighborhood. Commissioner Castro indicated she understood most of the residents' concerns and asked if they would consider a Quit Claim Deed to keep a five-story parking garage and make sure no changes would be made in the future. She also asked if Boyd Gaming would consider giving the City the first right of refusal for the Tomato Patch, if they ever decide to sell the property. Don Hall responded a deed restriction is difficult for a public company and felt this would not serve any good purpose. It might solve concerns today, but it forecloses the ability for changes in the future. He indicated they would need to discuss the issue of the first right of refusal to the City regarding the Tomato Patch property. Blake Cumbers clarified that he is not aware of any air conditioner that does not make noise, however, they will do their best to deaden the sound. He described the perimeter landscaping and noted there will not be any vehicular or pedestrian access. Mr. Cumbers confirmed that they can control the hours of delivery on their facility. He indicated that although they do not assume security control for any property other then their own, they work closely with law enforcement and Fire/EMS services, and offer their support if needed. Commissioner Flury was concerned with the remainder of the Tomato Patch. She questioned if a restriction could be placed that requires a super majority vote to change the zoning. Commissioner Flury was doubtful that the City would ever be able to afford to purchase the Tomato Patch. She would like a portion of the property to be dedicated as a park. Blake Cumbers noted the City Streets to the east and west on NE 2"d Street drain down Fronton Boulevard into a swale on NE 2"d Street. He indicated that this design is no longer acceptable by the County and they will not allow this property to be developed unless it is changed. Mr. Cumbers commented that a portion of the land would probably be used for mitigation of the drainage of the City streets and Jai Alai property, but that is yet to be determined. Commissioner Bertino talked about the drainage situation and mentioned the retention basins next to the Publix property on Dania Beach Boulevard. He commented on the issues addressed in the Developer's Agreement between the City and Aragon. He confirmed with City Attorney Ansbro that the Agreement cannot be changed unless it is approved by three votes of the Commission. He thought this was an excellent plan that meets all of the requirements. Vice-Mayor Jones said this is a good opportunity for our City to become a destination. He would like to know if Boyd Gaming will provide counseling for our children. Vice-Mayor Jones questioned how the development will impact the Church. Blake Cumbers noted the age control at the facilities and the issue of the two percent of people with addiction problems that was discussed at length in Tallahassee. He commented he is not aware of what arrangements the state will make, but certainly some programs will be developed as required by law. Mr. Cumbers also indicated that there will be employment opportunities for young people in the hospitality industry in the City. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. Commissioner Castro stated for the record that the County will be receiving revenue from the gaming industry to help with addiction issues. Mayor Anton asked Deputy Fire Chief Cassano about the public safety issues. Deputy Fire Chief Cassano commented they generally do not use NE 2"d Street for access in that area. He noted that their pivotal issue was access gates. He did not have any issues with the proposed development. BSO Chief Peterson mirrored the comments of Deputy Fire Chief Cassano and noted the requests being discussed tonight will not negatively impact their ability to serve the citizens of Dania Beach. Mayor Anton asked Mr. Cumbers about the entrance to the Danians. Blake Cumbers clarified he is committed to installing a gate as requested by the Danians. He confirmed for Mayor Anton that they do not have any plans for outside entertainment. Mayor Anton commented he attended several community meetings with Boyd Gaming representatives and he believes they will keep their word and abide to their promises. He further noted that the development will not block the Church of the Resurrection. Mayor Anton indicated he will not vote to change the RS 8000 zoning of the Tomato Patch. He stated that he supports the project. Attorney Hall responded for Commission Castro that in order to restrict the development of the parking structure, it would be necessary to adopt an Addendum to the Developer's Agreement. He suggested working with City Attorney Ansbro to prepare an Amendment for Commission approval with the suggested language. Attorney Hall also advised that in regard to the first right of refusal referred to by Commission Castro, he spoke with Mr. Cumbers who indicated he did not have the authority to make a decision this evening. Commissioner Castro motioned to adopt Ordinance 42007-009, on second reading, subject to the amendment to the Developer's Agreement; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.2 RESOLUTION #2007-081 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-17-07) SUBMITTED BY HEIDI DAVIS KNAPIK, WITH GUNSTER, YOAKLEY & STEWART, PA, REPRESENTING PROPERTY OWNER, THE ARAGON GROUP, INC., TO VACATE A PORTION OF NE 2ND STREET BETWEEN FRONTON BOULEVARD AND (UNIMPROVED) NE 4TH COURT IN THE CITY OF Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, May 8,2007—7:00 p.m. DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to approve Resolution #2007-081, subject to the amendment to the Developer's Agreement; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.3 RESOLUTION #2007-090 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO CONVEY TO THE ARAGON GROUP, INC., PORTIONS OF NE 2No STREET, FRONTON BOULEVARD AND (UNIMPROVED) NE 4T" COURT, IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; AUTHORIZING SUCH OFFICIALS TO EXECUTE A QUIT CLAIM DEED, A COPY OF WHICH IS ATTACHED AS EXHIBIT "B"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to approve Resolution #2007-090, subject to the amendment to the Developer's Agreement; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION #2007-089 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A TEMPORARY ROAD AND UTILITY EASEMENT FROM THE ARAGON GROUP, INC., A FLORIDA CORPORATION, IN CONNECTION WITH THE CONSTRUCTION OF THE DANIA JAI ALAI REDEVELOPMENT PROJECT LOCATED AT 301 EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to approve Resolution #2007-089, subject to the amendment to the Developer's Agreement; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Flury asked Cit y Attorney Ansbro to bring a resolution forward at a future meeting, which would require a super majority vote of the Commission in order to change the zoning(RS 8000) of the remainder of the Tomato Patch. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday;May 8,2007—7:00 p.m. 9.5 RESOLUTION #2007-082 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY RENEE M. MILLER OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE LOCATION OF THE 100 FOOT ACCESS OPENING ON THE PLAT KNOWN AS THE "DJP AIRPORT WEST" PLAT, GENERALLY LOCATED AT THE WEST SIDE OF SW 26TH TERRACE, BETWEEN SW 32Ho STREET AND SW 33Ro STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-082. Corinne Lajoie, AICP, Principal City Planner, advised this was a Delegation Request to amend a previously approved plat. She explained the location of the property and noted the applicant is now requesting to change the location of the 100 foot access opening on SW 30°i Avenue. The new access point would be located approximately 110 feet north of the previous one. Ms. Lajoie confirmed staff had no objection to the proposed change. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to approve Resolution #2007-082; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented he received a few phone calls stating there might be undocumented aliens working at City Hall. He will work with City Attorney Ansbro to insure that the proper verbiage regarding hiring of personnel appears in all our contracts. 10.2 Commissioner Castro Commissioner Castro advised there will be a community meeting of the Broward County School Board tomorrow morning at the Broward Center for the Performing Arts. The meeting is to consider naming the Interim Superintendent as Frank Till's replacement and the School Board is inviting people to attend and requesting their input. Commissioner Castro spoke on behalf of Carl Ayotte, a resident of Ocean Waterways Mobile Home Park who wanted to speak about the Reign Down South Florida Festival held at Boomers on April 27-29, 2007. She commented that both the Ocean Waterways and Melaleuca Gardens neighborhoods were affected by the noise from this event. Commissioner Castro would like staff Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. to look into more specific details, such as the location of the stage, the direction of the speakers, etc., when approving future events of this nature. She thanked BSO for their prompt response. Commissioner Castro commented people are concerned about the treatment they are receiving from the current Pier Restaurant owners. She indicated they need to understand that the Pier is a public place for everyone's use, and the property of the City of Dania Beach. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Jones Vice-Mayor Jones commended Dania Beach Heights Civic Association for securing a Broward Beautiful Grant. Vice-Mayor Jones advised that today the Memorial Healthcare System received a very prestigious community service award in Washington, D.C., at the American Health Society meeting that he is attending. Vice-Mayor Jones commended BSO Chief Peterson for taking the necessary action at P.J. Meli Park. He would like staff to move forward with the recommendations made at the April 24, 2007, City Commission meeting, to avoid future vandalism issues. Vice-Mayor Jones would like City Manager Pato to inquire with FAU on the Oceanography scholarship awards. 10.5 Mayor Anton Mayor Anton discussed the status of the partial closure of 2nd Avenue at Sheridan Street. He indicated that for the third time the Florida Department of Transportation asked for a "Letter of No Objection" from Hollywood, and a traffic study. Mayor Anton noted the City Manager had contacted FDOT and will comment on this issue. Mayor Anton congratulated City Manager Pato and Dominic Orlando, Public Services Director, on the installation of the solar light on NE I" Court. The neighbors in the area expressed their appreciation for this accomplishment. Mayor Anton advised the Melaleuca Gardens Homeowners Association will hold a meeting tomorrow at 7:00 p.m., in the Commission Chamber at City Hall. He further noted that the Broward County Commission will meet at the Broward County Convention Center on June 5, 2007, at 6:00 p.m., to discuss the airport expansion proposal. The City will be providing buses for those wishing to attend. Mayor Anton encouraged people to attend, get involved and voice their comments. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. Commissioner Castro asked BSO Chief Peterson to place the Police Message Board on Griffin Road announcing the Airport Expansion meeting on June 5t'. Mayor Anton commented on the noise generated from the Festival at Boomers referred to by Commissioner Castro. He would like City Attorney Ansbro to work on a policy change that would address this issue. 11. Discussion and Possible Action 11.1 RESOLUTION #2007-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THE ESTABLISHMENT BY THE CITY FINANCE DIRECTOR OF A DESIGNATED ACCOUNT IN CONNECTION WITH THE RECEIPT OF REVENUE TO BE DERIVED FROM THE "DANIA JAI ALAI' PARIMUTUEL OPERATION, TO BE REDEVELOPED AT THE SITE KNOWN AS "DANIA JAI ALAI', SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-088. Commissioner Castro motioned to approve Resolution #2007-088, including a minimum period of five years; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 11.2 Sheridan Street Widening— Commissioner Castro Commissioner Castro advised that the Sheridan Corridor will become a great concern to all of us due to the new developments in our neighboring cities. She further noted that Director Leeds found out that this is project #45 out of 50 on the Metropolitan Planning Organization (MPO) list. Commissioner Castro stated that the cities of Hollywood and Hallandale voted to send us a letter supporting our request. She asked the Commission to vote on this matter, so we could submit it to the Metropolitan Planning Organization now, instead of having to wait until 2030. Laurence Leeds, Community Development Director, clarified for the Commission that the City Commission passed a resolution about five years ago endorsing a project whose primary concern was adequate buffering to protect the residential community in the area, regardless of where the alignment was. He noted it will take a long time before this project is addressed by MPO. It was the consensus of the Commission to let Commissioner Castro handle this issue through the Metropolitan Planning Organization. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,May 8, 2007—7:00 p.m. Mayor Anton indicated that if at a later date we need to have City Manager Palo discuss the matter with the City Manager in Hollywood, we will bring it back to the Commission for consideration. 11.3 Update on report for moving City Elections to November— Commissioner Castro City Attorney Ansbro reported we would lose the Primary if we move the Election to November. He further noted that our Charter would need to be amended by Ordinance, and approved by referendum in November 2008. City Attorney Ansbro advised that Commissioners Jones and Anton would lose 4 months of their terms, as well as the officials elected in 2009. Commissioner Castro questioned if the Commission would like to handle this matter at a separate Workshop,or if they would prefer to re-create the Charter Review Board. Commissioner Flury asked City Attorney Ansbro to put his comments in writing and distribute to the Commission. It was the consensus of the Commission to add this issue as a discussion item on a future agenda. 11.4 Discussion of possible funding of uniforms for Collins Elementary School Band and Choir Group in an amount not to exceed $4,000 —Vice-Mayor Jones Mayor Anton advised this item has been withdrawn from the Agenda at the request of Vice- Mayor Jones. City Manager Palo advised that the South Florida Water Management District sent confirmation that they will require the City to cut back on the City's wells. We will have to shut down our wells and purchase water from Broward County or the City of Hollywood. He indicated that in order to cover this expense we will need to add a 60% surcharge to our water bills, which equates to approximately $6 per month. City Manager Palo noted that May Ioth is the deadline to comply with this requirement. Dominic Orlando, Public Services Director, advised that we would have to shut down our wells by next Friday for as long as we have the drought. He indicated that this applies to all cities that have wells in the eastern part of the County. Director Orlando commented that we might have to inject chlorine to clean the wells before they are restored. Commissioner Flury thought we should develop a Press Release and also post the information on the City's Website, Cable TV, and water bills. City Manager Pato noted we would bring a proposal to implement the surcharge as soon as possible. Patricia Varney, Finance Director, advised we would bring a resolution forward at the next Regular Commission Meeting. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. City Manager Pato indicated we need to implement the surcharge with the next water billing cycle. He further advised that the resolution will have to be retroactive. City Manager Pato noted that we will need to buy water beginning this Friday. Director Varney noted we will have to purchase one hundred percent of the water we use. The purchase of the water will be approximately $92,000 per month, in addition to what we currently pay, so everyone will have to pay the surcharge. She explained that the surcharge is based on usage, for example, for 5,000 gallons of consumption the cost would be $6. Commissioner Bertino motioned to consider this matter an emergency and place it on the Agenda for action; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Bertino motioned to add the surcharge beginning on the day that we have to shut down our wells; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 12. Appointments Vice-Mayor Jones appointed Linda Sacco to the Airport Advisory Board. Commissioner Bertino motioned to approve the Board appointment; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Pato noted that staff is following up on the issues at P.J. Meli Park based on the memo from BSO Chief Peterson. Minutes of Regular Meeting 1$ Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m. City Manager Pato advised that a Grant Status Report has been placed in the Commissioners' mailboxes, per their request. City Manager Pato commented that he contacted FDOT regarding the SW 2"d Avenue issue previously mentioned by Mayor Anton, but they have not returned his call. City Manager Pato invited the Commission to check out the solar lighting which was installed at NE Is' Court, north of 2"d Street. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Tuesday, May 15, 2007—6:00 p.m. Workshop—Auditor Interviews Thursday, May 17, 2007 - 6:00 p.m. Abatement Hearing Tuesday, May 22, 2007—7:00 p.m. Regular City Commission Meeting 14. Adjournment Mayor Anton adjourned the meeting at 10:54 p.m. ATTEST: CITY OF DANL� BEACH � i LOUISE STILSON, C C BF01i AN ON ' pp CITY CLERK MAYOR-COIv1MISSIONER Approved: May 22, 2007 Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,May 8,2007—7:00 p.m.