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HomeMy WebLinkAbout205486 - AGENDAS - City Commission ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JANUARY 26, 2010 — 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 7. CONSENT AGENDA 7.3 RESOLUTION NO. 2010-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ALL DOCUMENTS REQUIRED BY THE FLORIDA POWER& LIGHT COMPANY IN CONNECTION WITH THE RELOCATION OF UTILITIES AND FURNISHING OF UTILITIES RELATED TO THE NEW SOUTHWEST COMMUNITY CENTER AND PUBLIC SERVICES DEPARTMENT BUILDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. DISCUSSION AND POSSIBLE ACTION 10.2 Engagement of Bond Counsel for Library-Parking Garage GO Bond Issue — City Attorney RESOLUTION NO. 2010-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF RUDEN, MCCLOSKY, AS SPECIAL COUNSEL IN CONNECTION WITH THE $3.5 MILLION DOLLAR LIBRARY-PARKING FACILITY GENERAL OBLIGATION BOND ISSUE, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 13. ADNIINISTRATIVE REPORTS 13.1 City Manager 13.1.2 Water Supply Issue—Status Update — Robert Daniels, Director of Community Development RESOLUTION NO. 2010-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ALL DOCUMENTS REQUIRED BY THE FLORIDA POWER & LIGHT COMPANY IN CONNECTION WITH THE RELOCATION OF UTILITIES AND FURNISHING OF UTILITIES RELATED TO THE NEW SOUTHWEST COMMUNITY CENTER AND PUBLIC SERVICES DEPARTMENT BUILDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the proper City officials are authorized to execute all documents required by the Florida Power & Light Company in connection with the relocation of utilities and furnishing of utilities related to the new Southwest Community Center and Public Services Department Building; Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to the required documents as are deemed necessary and proper for the best interests of the City; Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on January 26,2010. ATTEST: LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2010-014 RESOLUTION NO. 2010-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF RUDEN, MCCLOSKY, AS SPECIAL COUNSEL IN CONNECTION WITH T14E $3.5 MILLION DOLLAR LIBRARY-PARKING FACILITY GENERAL OBLIGATION BOND ISSUE, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach City Charter, Part III, Art. 5, Section 3, authorizes the City Commission to employ special counsel who shall serve under terms and conditions as may be determined by the City Commission; and WHEREAS, the Dania Beach City Commission desires to appoint the law firm of Ruden, McClosky to represent the City's interests in matters relating to the bond issue identified above; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the law firm of Ruden, McClosky is appointed as special counsel to represent the City in connection with the $3.5 Million Dollar library-parking facility General Obligation Bond Issue. Section 2. That compensation shall be that as set forth in the letter from the firm, a copy of which is attached and incorporated by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 3 RESOLUTION#2010-014 Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 26, 2010. ANNE CASTRO ATTEST: MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION#2010-014 JlRuden McClosky January 22, 2010 VIA E-MAIL Tom Ansbro, Esq. City Attorney City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida, 33004 Re: Bond Counsel Representation of the City of Dania Beach, Florida(the "City") Dear Tom: This letter will set forth the basis on which we propose to render bond counsel services to the City in connection with the issuance of its general obligation bonds to finance a portion of the costs of a parking garage in the City associated with an adjacent library facility (the "Bonds"). We have assumed for purposes of this engagement letter that the Bonds will be privately placed with a financial institution pursuant to a negotiated sale and no disclosure or similar document will be prepared by the City. In our capacity as bond counsel, our primary responsibility will be to render an objective legal opinion with respect to the authorization and issuance of the City's Bonds. As bond counsel, we will examine applicable law, prepare the appropriate resolution and other documents authorizing and securing the Bonds and other necessary documents, consult with the parties to the transaction prior to the issuance of the Bonds, review certified proceedings, and undertake such additional duties as we deem necessary to render the opinion. Assuming completion of the proceedings to our satisfaction, we will render our opinion, subject to customary assumptions and limitations,that: (i) The City is a municipal corporation of the State of Florida with the power to adopt the resolution relating to the issuance of the Bonds and to perform its obligations thereunder and to issue the Bonds; (ii) The resolution relating to the issuance of the Bonds has been duly adopted by the City and create a valid pledge of the City's full faith and credit and each constitutes a valid and binding obligation of the City enforceable against the City in accordance with its terms; RUDEN, McCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. BOG RATON•FT.LAUDERDALE•MIAMI•NAPLES•ORLANDO•PORT ST.LUCIE•TALLAHASSEE•TAMPA•WEST PALM REACH (iii) The issuance and sale of the Bonds has been authorized by the City and upon proper execution and authentication, the Bonds constitute valid and binding general obligations of the City payable in accordance with the terms of the related resolution; (iv) The interest paid on the Bonds will be excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed upon individuals and corporations. Our opinion as bond counsel will be executed and delivered on the date the Bonds are exchanged for their purchase price and will be based on facts and laws existing as of its date. Upon delivery of such opinion, our responsibilities as bond counsel will be concluded with respect to the Bonds. Specifically, but without limitation, we do not undertake (unless separately engaged) to provide continuing advice to the City or any other party concerning any actions necessary to assure that interest paid on the Bonds will continue to be excluded from gross income for federal income tax purposes In rendering our opinions as bond counsel we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. We do not review the financial condition of the City, the feasibility of any project to be financed by proceeds of the Bonds, or the adequacy of the security provided to owners thereof and will express no opinion relating thereto. In performing services as bond counsel, our client will be the City and we will represent its interests. We assume that other parties to the transaction will retain such counsel as they deem necessary and appropriate to represent their interests in any transaction. Our representation of the City does not alter our responsibility to render an objective opinion as bond counsel. We would charge the City a flat fee of $20,000 for our bond counsel services in connection with the Bonds. In the event the City does not proceed with the issuance of the Bonds we would bill you for whatever time we had incurred through the date the City decides not to proceed at our standard hourly rates then in effect for our attorneys and special tax counsel to the firm; otherwise we would be paid at closing from proceeds of the Bonds. In all cases, we will be entitled to reimbursement of our actual out-of-pocket costs incurred in rendering bond counsel services to the City. We would estimate that these costs will not exceed$1,500 and will primarily relate to the preparation of closing binders. If the foregoing is acceptable to you, please have the appropriate officer of the City indicate the City's acknowledgment and acceptance thereof in the space provided for that purpose below. Such execution will evidence the City's retention of Ruden McClosky as bond counsel upon the terms and conditions set forth herein. RUDEN, McCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. ROCA BATON•FT.LAUDERDALE•MIAMI•NAPLFS•ORLANDO•PORT ST.LUCIE•TALLAHASSEE•TAMPA•WEST PALM BEACH If you have any questions or comments concerning the foregoing, please do not hesitate to contact the undersigned. Very truly yours, RUDEN, McCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. Dems . anz THE FOREGOING IS AGREED AND ACCEPTED THIS_DAY OF 92010. CITY OF DANIA BEACH,FLORIDA By: Title: RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA BATON•FT.LAUDERDALE.MIAMI•NAPLES•ORLANDO•PORT ST.LUCIE•TALL HASSEE•TAMPA.MST PALM BEACH CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 26, 2010 TO: Robert Baldwin, City Manager FROM: Robert Daniels, Director SUBJECT: Water Supply Issue—Status Update Since the regular City Commission meeting of January 12, 2010 the following actions have taken place. Consumotive Use Permit The City was notified by the South Florida Water Management District (SFWMD) on January 4, 2010 that its consumptive use permit was approved. The maximum allocation for the drawdown of raw water is 1.1 mgd until such time as a safe yield study for the proposed new Well G confirms that and allocation of 1.8 mgd is justified. Efforts to Identify an Alternative Long-Term Source of Water On January 15, 2010 staff held a follow-up meeting with City of Hollywood Utilities Department staff to discuss proposed revisions to the draft agreement for the purchase of potable water. Proposed revisions include: • an increase in the long-term demand from .30 mgd to .40 mgd as a result of recently submitted development proposals; • incentives for reduction or elimination of the monthly flow charge; and • inclusion of a "favored nation" clause that provides for equal treatment of the City in cases where Hollywood agrees to more favorable terms with other large users of the same class as Dania Beach. The City of Hollywood is reviewing these proposed revisions and has committed to providing a proposed draft within two weeks of the meeting. The City's special consultant, Keith and Schnars is pursuing the Hollywood alternative as well as the potential for purchasing potable water from the City of Fort Lauderdale or raw water from Broward County. On January 22, 2010 staff and Keith and Schnars representatives met with Broward County Water and Wastewater Services staff to discuss the feasibility of purchasing additional raw water through their existing Large User Agreement for Raw Water. The County is coordinating with the SFWMD and will follow up with the City within the coming week. Keith and Schnars. N.A. The City's special consultant has been actively pursuing the alternative water supply issue as well as gathering infonnation on the bigger picture issue of how the City should proceed in its water supply planning efforts. A representative of the firm will be present to provide a status report at the January 26, 2010 City Commission meeting. Changing Conditions Water supply is typical of many planning issues in that it is dynamic and subject to changing conditions. Our initial discussions began with a projected long-term demand of .55 mgd and in the first weeks of that discussion the projection was reduced to .30 because of the uncertainty of demands in the proposed changes to the Regional Activity Center (RAC). Since that time a number of changes have occurred that will result in added projected long-term demands. • The land use changes proposed for the RAC have been specified and the resulting projected demand for water is .054 mgd. • The Design Center of The Americas (DCOTA) has submitted a Notice of Proposed Change to its existing Development of Regional Impact (DRI) for the construction of an additional 200,000 square feet of office space and the extension of its build-out date to 2015. Initial calculations indicate an additional projected demand for water of.40 mgd. • The Atlantic Village Marina and Hotel project has submitted a proposed revision to its site plan to add 330 rooms as well as convention style meeting space. The Atlantic Village project is slightly under the DRI threshold but because of the size of the project the developer has requested that the South Florida Regional Planning Council perform a review of impacts similar to a DRI review in which state and local agencies assess the project impacts and provide comments. This review is underway at this time and is expected to result in an addition projected demand for water of approximately .60 mgd. • In the past week a site plan was submitted for a hotel and parking garage on the present site of the San Souci Hotel. Review has just begun on the project but additional demands for water will be identified and must be provided for. The land use plan amendment that is being processed to implement the West Side Master Plan is projected to result in a demand of .375 mgd in the Broward County service area west of Interstate Highway 95. Keith and Schnars representatives are coordinating with Broward County Water and Wastewater Services to ensure that there is capacity to meet that projected demand. The SFWMD requires that requests for additional water capacity be substantiated. This means that requests cannot be generalized. They must be tied to reasonable future plans, population projections, etc. and demand has to be specified. Given the dynamic nature of the City's current development picture, and recognizing that an improving economy will likely result in an even more active and changing planning landscape, staff has requested that the City's consultants be mindful of the need for flexibility and changeability in any agreements we consider with outside entities. Time Line Staff has coordinated with Broward County Planning Council and the City's consultants to ensure that a final decision will be reached on water supply issues in a timely manner. As reported previously the City's reason for processing the amendments to the RAC and the Griffin Road Corridor is to effectuate needed changes in advance of the potential passage of constitutional amendment 4, also referred to as the "Hometown Democracy" amendment. The Broward County Planning Council staff is cooperating by revising its deadlines for processing. The Department of Community Affairs has agreed to an abeyance of the hearing to determine remedial actions necessary to bring the City's 10-year Water Supply Plan into compliance with state law. The SFWMD negotiated an agreement by which it would remove its objection to the City's previous RAC amendment in exchange for commitments by the City to obtain an approved raw water consumptive use permit and ensure that certificates of occupancy for permitted projects be issued only upon demonstration that adequate water supply exists within the City's current legal allocation. The actions and cooperation of our partner agencies have provided additional time for the City to seek the best deal possible for its long-term water supply alternative. On the other hand, the changing development dynamics of the City and the current processing of two large land use plan amendments dictate that we move forward with all due dispatch. The following time line has been established to meet the City's requirements. January 26 Status report by Keith & Schnars February 12 Submission of land use plan amendments to Broward County Planning Council March 9 Final Report by Keith & Schnars March (TBD) City Commission Water Supply Workshop March 23 City Commission action on preferred alternative for water supply (first reading) April 13 City Commission action on preferred alternative for water supply (second reading) April 30 Submission of proof of an assured long-term water supply to Broward County Planning Council as supporting information for the land use plan amendments May 7 Submission of all information necessary to finalize DCA's review of the 10-year Water Supply Plan STAFF RECOMMENDATION Information only. No action is required.