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HomeMy WebLinkAboutRegular Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 27, 2010 - 7:00 P.M. 1. Call to Order/Roll Call Mayor McElyea called the meeting to order at 7:00 p.m. Present: Mayor: C. K. "Mac" McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Commissioner Bobbie Grace gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Presentation by the Broward County Supervisor of Elections Office — Charles Vasquez Fred Bellis, Elections Operations Coordinator/Executive Assistant, and Charles Vasquez, LT. Department, of the Supervisor of Elections Office, presented a brief overview of the election process for the upcoming 2010 elections. Commissioner Duke asked if the Supervisor of Elections Office had discussed the possibility of Amendment 4 passing and what the impacts would be to their office in terms of elections. Mr. Bellis noted his office is not prepared to comment on this matter at this time. 3.2 Request by Mark Allsworth, Esq., representing the Lender, American National Bank, and Robert Haber, Esq., representing the property owner, to modify the existing Access Easement Agreement with Stirling Design Limited Partnership for property located at 1245-1249 Stirling Road, Dania Beach, Florida Mark Allsworth, attorney for the lender, American National Bank, addressed the Commission regarding an easement that the City granted in July, 2009. He explained that the easement is required in order to access the bay doors in the rear of the building. The easement was approved with the condition that access is restricted to the owner and the tenant. Attorney Allsworth indicated that the tenants request that the conditions be removed. The owner notes that the conditions affect the value of the property. He stated that the lender is a small community one- branch bank and they have lost a lot of money on this property; he added that they are also very involved in the community. Attorney Allsworth remarked that he has never seen an easement with these conditions. He asked the Commission to consider their request and grant a standard easement so they can keep this property as a performing one. Robert Haber, attorney for the property owner, echoed the comments of Attorney Allsworth. He asked for a favorable consideration to their request. City Attorney Ansbro noted that granting an easement is typically for a lifetime. He advised that one option could be for the City to sell the easement to the owner, provided we maintain an underground easement for access to the sewer line. City Attorney Ansbro indicated that if we do this, the owner would have to bear the cost of any appraisals and any other cost incurred by the City on this property. He further noted that a resolution and appraisal are required by Charter when City property is for sale. Vice- Mayor Castro motioned to remove the conditions and keep the property; seconded by Commissioner Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke No Mayor McElyea Yes Commissioner Grace No 3.3 Update on Beach Operations and Projects by Albert Adams, Ocean Rescue Chief Albert Adams, Ocean Rescue Chief, presented a PowerPoint overview of beach operations. 3.4 Presentation by Corinne Lajoie, Principal Planner, Community Development Department, of a proposed Airport District "IROM-AA' (Industrial Research Office Marine-Airport Approach) Corinne Lajoie, AICP, Principal Planner, presented an overview of the proposed IROM-AA Zoning District, which is attached to and incorporated into these minutes. Commissioner Duke supported the use. He thought the proposed new zoning district would help with our goal to become a marine-friendly city. Commissioner Duke mentioned some examples of businesses that have not been able to sell or rent because of the current zoning limitations. He commended staff for their efforts to accommodate the needs of the market that are affected by being on the flight path. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Commissioner Anton supported the use. He further noted that he would like to see the area expanded to include Banyan Bay and Marina Mile, towards Griffin Road to SW 45' or 481s Streets. Ms. Lajoie confirmed with Commissioner Anton that he would like the area to expand north and south but stay off Griffin Road. Vice-Mayor Castro noted we should be careful with the residential neighborhoods because buffering may work for parking, but not for traffic. She further remarked if we are planning to expand the area, we should be mindful that ingress and egress should be kept out of the residential streets. 4. Proclamations 4.1 Choose Peace— Stop Violence Week This item was pulled from the agenda. 5. Citizen Comments Rosa L. Davis and Rodney Davis, 710 SW 40i Terrace, noted their house was vandalized and the water was left running for two weeks. Mr. Davis advised that he will be moving into the house and requested an abatement of the high water bill. Mayor McElyea indicated that the City may be able to waive the sewer portion of the bill. Commissioner Anton noted he told Mr. Davis to talk to the Finance Director. He said he has no problem waiving the sewer portion of the bill. Commissioner Anton indicated he would like to work with Mr. Davis to arrange for a payment plan. It was the consensus of the Commission to have City Manager Baldwin work with Mr. Davis, to possibly waive the sewer portion of the bill and work out a payment plan. Linda Sacco, 4481 SW 38d' Terrace, Davis Isles, is concerned that crime will escalate in her community during the transition of the area if the Airport expands. Pat Rafacz, 610 Trafalgar Court, commented that several residents in her community thought the flooding workshop would have been televised. She requested an update on the situation. Commissioner Duke noted it was his flooding workshop and there was a good turnout. He noted that people with questions can contact him through the City website or his cell phone. Commissioner Duke advised that he will be posting his comments on the City website. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Vice-Mayor Castro noted that the flooding in the southeast neighborhood has been around for a long time. She said it has been a challenge to get permits to address the flooding in that area. Vice-Mayor Castro advised that the Linear Park is part of the solution to the flooding issue in that section of the City, but not completely. She commended Representative Evan Jenne for supporting this issue at higher levels. Vice-Mayor Castro read a letter that she received from the Florida Department of Transportation (FDOT) regarding the flooding on Sheridan Street, between US and 5a' Avenue, which states this issue would be included in their 2011-2012 work program. She noted that Public Services has a plan to make improvements by 2012. Vice- Mayor Castro further commented that Sheridan East has a floodgate problem on their property. She remarked that we are looking at 1-2 years before the problem is resolved, in addition to an expenditure of approximately $5.5M. Vice-Mayor Castro indicated that the stormwater issues west of I-95 are also being addressed. Dominic Orlando, Director of Public Services, confirmed that Sheridan East has a design that backs up onto their property. He explained that the site is contained to hold water on site during rainstorms. Director Orlando further said that if a flap gate was installed, it would keep water from the adjoining property from draining onto Sheridan East. Vice-Mayor Castro would like staff to prepare a draft of what will be done by the various agencies and that a letter be sent to the affected residents in the area. She reiterated that this will be a 2-year process but we are working on it. Vice-Mayor Castro requested an estimate of the mailing cost from the City Manager. Commissioner Duke noted that the Linear Park has nothing to do with drainage per Calvin Giordano. He added that we must keep the residents informed. Director Orlando clarified that the original design of the Linear Park included injection wells which would have helped with the drainage. However, the state did not allow it. The Linear Park was a major component of the storm drainage problem although some things have now changed. Commissioner Anton noted there are other areas in the City that have flooding problems. He asked the Commission to consider increasing the stormwater fee so that we can move forward more quickly with the flooding issues. Commissioner Anton noted that areas will flood if a significant amount of rain falls; we need to deal with normal rainfalls. Director Orlando confirmed that the cost to address all the flooding in the City would be approximately $15420M. Commissioner Grace noted that she attended Commissioner Duke's workshop. She was impressed by the number of people who attended the meeting and talked about the flooding. Commissioner Grace remarked that it was a city-wide flooding workshop, not just for the east side. She stated that we need to stop nit picking each other and get on with the business of the City. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. 6. Public Safety Reports Joe Fernandez, Fire Chief, noted they had an opportunity to exercise the new equipment during the recent tropical storm. He invited everyone to view the new Fire Department website. Donn Peterson, BSO Chief of Police, introduced Commander Mike Grimm who will be acting as the Dania Beach District's Assistant Chief of Police, and Lieutenant Diana Brown who will serve as Patrol Commander. He advised that there will be an "active shooting" training session tonight at Olsen Middle School. Chief Peterson reported that we have two School Resource Offices working with our children during the summer program. He recognized Deputy Dan Miller as employee of the month for catching kids tagging train cars with graffiti. Commissioner Grace noted we have an increase in thefts this month. She asked if we were going to be stepping it up a notch, and what Chief Peterson would do to keep us safe. Chief Peterson mentioned some of the initiatives they have in place to keep the community safe. The bicycle patrol has received positive feedback; they are also using the Habitual Offender Tracking "HOT" program. The School Resource Deputies are in the community, they support the Dania Beach Bears, and they kick up their operations during the summer. Vice-Mayor Castro commented on the positive aspects of the monthly report from BSO. She asked if the Justice Assistance Grant(JAG) was for the bicycle patrols. Chief Peterson noted there are two JAG allocations, one that will be completely depleted by September, 2010; and the 2009 JAG which includes more funds, and we can use for a period of three years, provided the money is spent equitably during this period of time. He added that originally the bicycle patrols were part of the OASIS Program. City Manager Baldwin responded for Vice-Mayor Castro that the OASIS Program is still being designed. He noted that he met with the property owners in the area who are very supportive of the initiative. The Program will then be presented to the Civic Associations and finally to the City Commission with staff s recommendation. Chief Peterson provided an update on the Griffin Road traffic concerns. He noted that a presentation was made by the Florida Department of Transportation (FDOT) and they have a multi level plan on how to improve the area. The plan includes lighting improvements as well as traffic designs, etc. Chief Peterson further advised the plan also included some items for the City to take care of, such as trimming shrubbery. He added that FDOT did not identify any major speed problems. Chief Peterson indicated he would provide further reports at a later date. Vice-Mayor Castro noted that the Welcome sign at 44 and Griffin Road has graffiti. She further asked if there are any plans for monitoring traffic during the first weeks of school. Chief Peterson responded in the affirmative and noted he will report at the next meeting. Vice-Mayor Castro asked Chief Peterson to look into the State Attorney Truancy Program. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. 7. Consent A eg nda Items removed from Consent Agenda: #7.4 7.1 Minutes: Approve minutes of June 8, 2010 City Commission Meeting Approve minutes of June 22, 2010 Attorney/Client Session Approve minutes of June 22, 2010 City Commission Meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2010-111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR DISASTER MANAGEMENT AND RECOVERY SERVICES BETWEEN THE CITY OF DANIA BEACH AND O'BRIEN'S RESPONSE MANAGEMENT INC., UNDER A CONTRACT WITH THE CITY OF COOPER CITY, FLORIDA, RFP BID NO.2009-7;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.5 ORDINANCE#2010-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT A PORTION OF NW 1ST AVENUE (FROM STIRLING ROAD TO NW 31D STREET) BE RE-NAMED AS PARK AVENUE EAST WITH A CO-DESIGNATION OF NW/SW 1ST AVENUE, AND THAT A PORTION OF SW 3RD AVENUE (FROM STIRLING ROAD TO NW 2ID STREET) BE RE-NAMED AS PARK AVENUE WEST WITH A CO-DESIGNATION OF NW/SW 3RD AVENUE, BOTH IN THE CITY OF DANIA BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.6 ORDINANCE#2010-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 27 ENTITLED "WATER AND SEWERS" OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 27-29.1, SPECIFYING NEW REQUIREMENTS FOR PLUMBING FIXTURES(TOILETS,URINALS, SHOWER HEADS AND WATER FAUCETS) FOR ALL NEW CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.7 ORDINANCE#2010-017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PLANTING OF"FLORIDA FRIENDLY LANDSCAPING"PLANTS IN CONNECTION WITH NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OF IRRIGATION SYSTEMS BY CREATING SECTION 26-55, ENTITLED "NATIVE VEGETATION", AND SECTION 26-56, ENTITLED Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. "RAIN SENSORS", TO REQUIRE THE INSTALLATION OF RAIN SENSORS IN CONNECTION WITH ALL NEW IRRIGATION SYSTEMS (BOTH SECTIONS TO BE INCLUDED IN CHAPTER 26 ENTITLED "VEGETATION"OF THE CITY CODE OF ORDINANCES); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 ORDINANCE #2010-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR: DEFINITIONS; THE LANDSCAPE IRRIGATION SCHEDULE; EXCEPTIONS TO THE SCHEDULE; VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; THE APPLICABILITY OF THE ORDINANCE; ENFORCEMENT OF THE ORDINANCE; PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Grace motioned to adopt the Consent Agenda, with the exception of Item #7.4; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 7.4 RESOLUTION#2010-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING MITIGATION OF TRAFFIC IMPACTS ASSOCIATED WITH THE MODIFICATION OF PERMITTED USES WITHIN THE DANIA BEACH REGIONAL ACTIVITY CENTER ("RAC") AS OUTLINED IN BROWARD COUNTY'S LONG RANGE TRANSPORTATION PLAN ("LRTP"); PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-114. Vice-Mayor Castro requested an update. She noted that two major issues will be impacting the Regional Activity Center (RAC): water and traffic. Vice-Mayor Castro advised that Broward County may give us Florida Power and Light's (FPL) water from Brian Piccolo Field, which would solve our long term water problem. However, our short term water supply is still a concern. She stated that the Commission may need to contact other elected officials to help with the issue. Vice-Mayor Castro remarked that it is imperative that we have the RAC approved, otherwise development will become slower and harder for us. Bob Daniels, Director for Community Development, noted the transportation issue has become a major obstacle. It has now been determined that the Department of Community Affairs (DCA) does not accept the County's traffic analysis. Director Daniels advised that we need to assume that every parcel will develop to its fullest capacity. He added that we have to recalculate based on maximum impact and accept a lesser number of square feet for the residential. Director Daniels requested that the Commission consider a higher mitigation amount ($1.8M). He clarified that there is no cost to the City; it would be passed onto the developer. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Mayor McElyea passed the gavel and motioned to adopt Resolution #2010-114, for a maximum of $1.8M; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes City Manager Baldwin requested Director Daniels to update the Commission on the water supply issue. Director Daniels noted a memo was provided to the Commission, which is included in these minutes. Dominic Orlando, Director of Public Services, provided an update on the Well situation, which is Item#10.2 of the Addendum. Vice-Mayor Castro noted we need to know if we are getting to the point of no return with our wells because the South Florida Water Management District (SFWMD) opposes use of our wells. She asked what the alternative sources would be if we cannot use the wells. Vice-Mayor Castro further questioned how much water we would get back when we start alleviating ourselves of those responsibilities and tasks. Director Orlando noted that eliminating some of our water uses will not help us. He advised that the new well will produce 1-1.5MGD and it should be up and running in about six weeks. 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2010-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT A PORTION OF SW 1" STREET BE RE-NAMED AS MONROE UDELL STREET WITH A CO- DESIGNATION OF SW IST STREET, SUCH PORTION BEING LOCATED BETWEEN FEDERAL HIGHWAY AND SW 3RD AVENUE IN THE CITY OF DANIA BEACH, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2010-014. Mayor McElyea opened the Public Hearing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Kurt Ely, 245 SW ls`Avenue, spoke in favor of the request. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Mayor McElyea passed the gavel and motioned to adopt Ordinance #2010-014, on second reading; seconded by Commissioner Duke. Monroe Udell thanked everyone for doing this for him. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.2 RESOLUTION #2010-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID POULIOT, ONE CALL CONSTRUCTION, INC. REPRESENTING THE PROPERTY OWNER WILLIAM STAMM TO ALLOW WELDING AS A SPECIAL EXCEPTION USE IN AN "IR" (INDUSTRIAL RESTRICTED) ZONING DISTRICT, FOR PROPERTY LOCATED AT 684 SW 7T" TERRACE IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-107, Resolution #2010-108, and Resolution#2010-109 because they relate to the same property. Kristin Dion, City Planner, explained the applicant is requesting site plan approval, with a special exception use and parking variance, to construct an industrial building on a currently vacant lot. She provided an overview of the property. The Planning and Zoning Board recommended approval of the requests. She noted that the CRA Director recommended approval of the special exception use with the following conditions: • The applicant closes bay doors facing SW 7 h Terrace during welding activity. • The applicant hires local applicants whenever feasible. Mayor McElyea opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. 9.3 RESOLUTION #2010-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAVID POULIOT, ONE CALL CONSTRUCTION, INC. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. REPRESENTING THE PROPERTY OWNER, WILLIAM STAMM FROM CHAPTER 28, "ZONING", "SUPPLEMENTAL USE REGULATIONS"; ARTICLE 6.21, "OFF-STREET PARKING" FOR PROPERTY LOCATED AT 684 SW 7TH TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2010-109 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST QU ST (SP-19-10) SUBMITTED BY DAVID POULIOT, ONE CALL CONSTRUCTION, INC. REPRESENTING THE PROPERTY OWNER, WILLIAM STAMM FOR PROPERTY LOCATED AT 684 SW 7TH TERRACE IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Grace motioned to adopt Resolutions #2010-107, #2010-108 and 42010-109, with conditions; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 9.5 RESOLUTION#2010-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY ITZHAK DICKSTEIN, OWNER OF TNT FIREWORKS (A/K/A NEPTUNE FIREWORKS) FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 768 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-110. He advised the applicant requested a continuance until the August 10, 2010 City Commission meeting. Commissioner Anton motioned to continue Resolution #2010-110 until the August 10, 2010 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro. The motion carried unanimously. 9.6 RESOLUTION #2010-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY CARLOS ZELLER, REPRESENTING THE SOUTH FLORIDA TABLE TENNIS ORGANIZATION ("SFTTO")TO ALLOW INDOOR COMMERCIAL RECREATION AS A SPECIAL EXCEPTION USE IN AN `9G" (INDUSTRIAL GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED AT 11 SW 12TH AVENUE, BUILDING 4, UNITS 101-103 FOR PROPERTY OWNED BY PHIL VON KAHLE, ASSIGNEE FOR IIS HOLDINGS LLC, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-113. Corinne Lajoie, AICP, Principal Planner, explained that the applicant is requesting a special exception to allow indoor, commercial recreation use when conducted within an enclosed Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. building. She noted that Mr. Zeller wants to relocate an Olympic Table Tennis training facility currently located in Hollywood,to the City of Dania Beach. Ms. Lajoie provided an overview of the property. The Planning and Zoning Board as well as staff recommend approval of the request. Mayor McElyea opened the Public Hearing. Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, spoke in favor of the request. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2010-113; seconded by Commissioner Anton. Commissioner Grace wants to insure that the people in her neighborhood will be safe. She questioned the patrol of Boomers. Commander Grimm confirmed that the Florida Highway Patrol and BSO share the responsibility of patrolling the area. He further noted that there was an incident at Boomers last week. Mayor McElyea noted that this facility is located a distance from Boomers. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 9.7 RESOLUTION #2010-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-31-10) SUBMITTED BY SAM JAZAYRI, REPRESENTATIVE FOR DOWNTOWN DANIA BEACH DEVELOPMENT,LLC, AND THE PROPERTY OWNER, GRIFFIN RANCHES DEVELOPMENT LLC, FOR PROPERTY LOCATED AT 48 SOUTH FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-112. Corinne Lajoie, AICP, Principal Planner, advised that the applicant is requesting design variations and site plan approval for the construction of a 7-story/120 room hotel. She provided an overview of the property. The Planning and Zoning Board recommend approval of the site plan. Ms. Lajoie noted that staff recommends approval of the design variations. As regards the site plan, staff is recommending approval with conditions. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2010-112; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 10. Discussion and Possible Action ADDENDA 10.1 RESOLUTION #2010-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT TO BE EXECUTED BY THE PROPER CITY OFFICIALS WITH WETTAPS, INC. FOR NECESSARY EMERGENCY REPAIR OF A PORTION OF A STORMWATER DRAINAGE SYSTEM IN AN AMOUNT NOT TO EXCEED FORTY ONE THOUSAND SIX HUNDRED SEVENTY FIVE DOLLARS ($41,675.00) FOR FISCAL YEAR 2009-2010, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-119. City Manager Baldwin noted this was an emergency situation at the Meadowbrook complex. Commissioner Anton noted that the City has a responsibility to deal with public safety and we need to make sure the drainage issues are addressed. He asked City Attorney Ansbro to continue working with the associations regarding sharing the costs involved. Vice-Mayor Castro motioned to adopt Resolution #2010-119; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 10.2 RESOLUTION#2010-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 1 FOR THE CITY OF DANIA BEACH REPLACEMENT PRODUCTION WELL,TO INCREASE THE COSTS FOR WELL DEVELOPMENT, A REVISED PUMP AND PIPING TO CONNECT TO THE EXISTING PIPE FOR A NET INCREASE OF $51,287.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-120. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. City Manager Baldwin noted this matter was discussed earlier. Commissioner Anton motioned to adopt Resolution #2010-120; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton congratulated Public Services Director Orlando and his staff on their response to the recent flooding issues. Commissioner Anton noted that he has looked at some of the comments on the City Website related to the Airport issue. He advised that the litigation is still moving forward; oral arguments will take place on September 14 in Washington, D.C., and a ruling is expected before the end of the year. 11.2 Commissioner Duke Commissioner Duke noted he is planning to attend the oral arguments in Washington, D.C. Commissioner Duke implored the residents to attend the Budget workshops and be informed. Commissioner Duke noted the BSO contract is currently being negotiated and the City Manager has a copy of the draft contract. He commented that prices are going up and offered his assistance if needed. Commissioner Duke spoke about the flooding issues in the City. He stated that he had the workshop due to the numerous requests he received from residents. Commissioner Duke pointed out that that he does not want credit for this,he just wants it fixed. Commissioner Duke noted that we have a Residential Solid Waste contract coming up in October. He remarked that we must try to get the best price for the benefit of our taxpayers. 11.3 Commissioner Grace Commissioner Grace thanked Kristen Jones, Director of Parks and Recreation, for the July 4a' celebration at Dania Jai Alai. She commented that the event was not well attended by Commission or staff and hoped that next year we will have a better representation from our City personnel. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Commissioner Grace provided updates of local organizations and civic groups within the City. Commissioner Grace asked City Manager Baldwin and Assistant City Manager Donnelly to work on her travel arrangements to attend the National League of Cities conference in Denver, Colorado. Commissioner Grace noted that solar lighting needs to be finished in the NW section; it stopped on NW 10t' Court. Commissioner Grace noted that Esther Williams will be 95 years old next week and the City should do something for her and her family. She suggested giving Ms. Williams a Key to the City or a City Pin to commemorate such a special occasion. Commissioner Grace commented that David Clark asked her why we can't get along in Dania Beach. She said she did not have an answer for him. Commissioner Grace noted that we all need to get on with living and stop this nonsense. She stated that she would like for us to be civil and work together to make Dania Beach a better place to live. 11.4 Vice-Mayor Castro Vice-Mayor Castro noted we need to do something about the beach meters, especially on weekends. Vice-Mayor Castro spoke about the information in the monthly reports regarding the southeast and southwest areas. She noted we need to keep our community updated and arrange for public meetings or prepare a mail-out with information on what we are planning to do. Vice-Mayor Castro stated that we need to work on these issues and get them done. Vice-Mayor Castro commented on the letter received from the Federal Communications Commission (FCC) regarding government access channel. She noted somebody needs to write back to Michael S. Perko, Chief of Communications and Industry Information, and ask him about the government access services on ATT UVerse which were promised to the consumers. Vice-Mayor Castro asked City Manager Baldwin to contact Mr. Perko. Vice-Mayor Castro would like to make an appointment with City Manager Baldwin and Finance Director Bates to discuss The Government Spending by Cities in Broward County Report, which was received by the Commission; specifically health insurance costs, salaries and other important issues. Vice-Mayor Castro referred to the monthly report received from the Human Resources Department. She was frustrated to see that during the current union negotiations with both representatives, we are having trouble setting dates for meetings. Vice-Mayor Castro remarked that we need to get frequent meeting dates in order to move this matter forward. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. Vice-Mayor Castro encouraged everyone to attend the upcoming budget meetings because we may need to make decisions that would impact the quality of life for the residents of Dania Beach. 11.5 Mayor McElyea Mayor McElyea wants staff to address the bridge that fell in. 12. Appointments Commissioner Anton appointed Rodney Collins to the Grant Advisory Board. Vice-Mayor Castro motioned to approve the appointment; seconded by Commissioner Grace. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted that the RFP for Waste Haulers will be sent out after Commissioner Duke's workshop on Friday, July 30. City Manager Baldwin would like to receive comments on the draft contract with BSO which was provided to the Commission. City Manager Baldwin advised the proposed Budget will be presented tomorrow evening. He noted we need to be mindful not to set the"not to exceed" rates too low. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk - Reminders Wednesday, July 28, 2010—7:00 p.m. Special City Commission Meeting Wednesday, August 4, 2010—6:00 p.m. CRA Board Meeting Tuesday, August 10, 2010—7:00 p.m. City Commission Meeting Tuesday, August 24, 2010—7:00 p.m. City Commission Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 10:05 p.m. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. ATTEST: CITY OF DANIA BEACH - LOUISE STILSON, C C C. k. M ELYEA CITY CLERK MAYOR-COMMISSIONER Approved: August 10, 2010 1��'S Firer ?y moo i 1 1 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,July 27,2010—7:00 p.m. i7L z-,43Z/ Proposed IROM-AA zoning district C) Permitted Uses Outdoor storage as an accessory use to a main permitted use provided the area is secured and screened by a fence or wall with a 10' wide landscape buffer with a continuous hedge and a tree planted every 40 linear feet. ➢ Outdoor storage/parking (including fleet parking and "pay" parking lots) of automobile, aircraft, bus, truck, recreational vehicle, motor homes, motorcycle tractor trailer, bus or construction equipment provided the area is secured and screened with a 10' wide landscape buffer with a 5 foot high meandering or winding berm along the front property line and a 3 foot high meandering or winding berm along the side and rear property lines. The berm shall also have a continuous hedge screen with a minimum height of 3 feet on top of the berm and trees planted every 40 linear feet. Properties larger that 5 net acres shall provide a 15 foot wide landscape buffer with a 5 foot high meandering or winding berm along the front property line. ➢ Indoor Sstorage or warehouse facilities containing less than 10 percent office or showroom space subject to the following: o The architectural treatment of the buildings should, to the greatest extent possible, based on the size, configuration and location of the development parcel, resemble that of an office building, particularly in those portions of the buildings acing public rights of way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly adjacent to a building and overhead doors and lading activities to be located to the rear of buildings, within interior areas between buildings or within interior side yards. incl,mtr+al usp o Building lot coverage (fully enclosed air conditioned space) shall meet or exceed 25 percent of the site area. (Moved from SPECIAL EXCEPTION Use) ➢ Sales, leasing, display, repair, service (including paint and body work) of well maintained, FDOT-ready, fully-assembled luxury recreational vehicles, automobiles (including cars, trucks, vans and buses),tractor trailers and boats ' , OF reaF yaFd i#—separated from adjacent roadways or right-of-way by landscaping pursuant to the requirements of the Zoning Code and Chapter 26 (vegetation) of the City Code. (Moved from SPECIAL EXCEPTION Use) ➢ Parts store, vehicles or boats ➢ Tool rental ➢ Distribution permitted as an accessory use clearly incidental to the primary light industrial use. Prohibited Uses ➢ Outdoor storage as a primary use except as specifically permitted and regulated by this article. Outdoor sales, 6teFage or display ef luFnbeF OF build ng supplies. 61RIess aRGil1aFy t9- iti building rnatea'S retail .. RdE)r DANIA BEACH ' z 4 fn. A O O I ,a N D Z N fD D o m r A 7J 0 SW eotNw li '�r¢—sPe�� s`w zeiN DER I + 1�T2 Ew zeM nVE f � � Sw 3TM nvE � O Syy]SRry iE0. 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O •- VJ L 6' '� - _ y-+ '> O " _0 U _ 0 -0 0 O N L- N O -0 CO 'pa "= 'o c m 0 (n O vi � N = N A A A A A C 'L N CL N N C U O cn O E C C +r O � C U C �,a fCf : X N Q .O m W ; N U _ (B O W N p cn U C a•= `� Q Oa .� .� N Cl) U U a N co m m x O- 4-0 E ? i •L a) — •m cn mL O O - - }, O Q U � � � a� O � O n/ N (6 U5 2 O m f0 .L a) N fu a) �' � N � cn U U " OL NL ^� (a0 O) (U �•— m cn L- D- 0) �� > CUO C O O N L •tn -0 a) N p �+ p cn N cn O m e N LE " � j a) m O C }' O O N O 'er O L cn CO N D '� � O ON � }, O N O � OCO 0 - U) m L C N O -0 c 'Cf) p O cn ---1 � c cn O E O Q coU O ^ C 'c >, U V J p cn N U W � ca O ca 0 U C 0) •� cu � /^•� N •O c VJ cu N c 'E t0 N O E I O I I W N U O O o Z N -0 O O ( ) CV N co O co N E N O Q p O O O (n cu O O z A A A A �• cn W ^ O 0 U c — a) Ca O =3 C: U CY • 0 Q ' A- } REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 20 LID PRINT NAME: sa_ of �1JdI�1J ADDRESS: 11 S•tJ 4+vAT AA_, PHONE NO. (optional): 9 PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: CA AA . 1/Cin Sn✓►� �(.�l,'Aca ti-,&;-tASk-w.o Y% a5Q !ate 2) _PUBLIC HEARINGS —ITEM#t (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETNG OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendaJPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING': to ,21 20/ 0 PRINT NAME: '�ingac G�1CIO ADDRESS: qq JW 3A le�rkCt nix pP��li` PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments y ania Beach citizens or interested parties that are not part of the regular printed agenda maybe made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE TIE E SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS-ITEM # (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECLAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc f- } REQUEST TO ADDRESS CITE' COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMIS N MEET 20_ PRINT NAME: ADDRESS: PHONE NO. (optional): — PLEASE CHECK O BOTH OF THE BOXES BELOW: 1) -' CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) - _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:VagendaTUBLIC SPEAKING FORM.doc �7EI)? AL- 72, CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 27, 2010 TO: Robert Baldwin, City Manager FROM: Robert Daniels, Director A- Corinne Lajoie, AICP, Principal Planner SUBJECT: Water Supply Report Since the last City Commission meeting staff and consultants have continued negotiations with the South Florida Water Management District (SFWMD) and Broward County on potential solutions. Broward County Raw Water Solution As staff reported to the Commission via email last week, the Broward County Water Management Division sponsored a meeting of its raw water customers who use the South Regional Wellfield (SRW) on July 16, 2010. Large users from the SRW, which is located at Brian Piccolo Park include Dania Beach, Hollywood, FPL and Hallandale Beach. A discussion was held on the County's proposal to allocate water to benefit all the large users, which would make the 1.83 mgd currently allocated to FPL available for purchase. The County Administrator confirmed with City staff that she intends to forward a letter to FPL providing for a 5-year transition period, after which the allocation would become available to larger users for treatment and development of potable water. Reuse water will fill the future need for cooling for FPL. The County Commission will consider this item on August 10, 2010. If approved, the County will notify the City of the availability of the water. The City must provide a letter of commitment to purchase the water. The cost is unknown at this time, but it is anticipated that this item will be scheduled for the City Commission meeting of August 24, 2010. The FPL solution will resolve the City's long term (2015 & beyond) needs. The City still has a short term (2010 — 2014) demand issue as well, which will be exacerbated as we bring new projects into the service area. City and County staffs are working with the City of Hallandale, which has a short term surplus. The allocation for Hallandale Beach is currently 2.84 mgd, of which 600,000 gpd is not being used. Discussions on this solution are ongoing, but to date no conclusion has been reached. Water Supply— RAC Status While the solutions that have been proposed are likely to resolve the City's water supply problems, the issue is becoming increasingly urgent as the RAC adoption date approaches. In their review of the proposed RAC amendment DCA, the SFWMD and South Florida Regional Planning Council have raised objections based on the City's need to demonstrate that is has adequate potable water to meet current and projected demands that include those created by the amendment. City and County staff efforts with FPL and Hallandale Beach are bearing fruit, but the City must be able to show by ". . . binding short- and long- term commitments from Broward County Water and Wastewater Services or another water provider that the City can obtain adequate water supplies to serve the development from this amendment as well as all existing and projected demands in the City's service area." The County's letter to FPL and a subsequent exchange of correspondence between the County and City committing to provision of the water by the County and purchase by the City should satisfy the SFWMD and SFRPC's objections. The DCA may accept those agencies' recommendations, but may also chose to require that the 10-Year Water Supply Plan be brought into compliance before approving any further amendments. The short-term solution currently being coordinated with Broward County and Hallandale Beach will require a similar exchange of correspondence that confirms that the City of Hallandale Beach will not need the 600,000 gpd in the short term. The County may then make that water available to Dania Beach. The City of Dania Beach and Broward County will amend their "Large Raw Water User Agreement" to reflect the change. This could occur as early as the August 24 City Commission meeting or at the September 14 meeting. The County Commission adoption hearing for the amendment is September 28, 2010. The Broward County Planning Council's meeting to forward a recommendation to the County Commission is on August 26. Well G A change order is being processed by the Public Services and Utilities Department to obtain the necessary components to bring the new well into operation in the next 6 — 8 weeks. This will provide the initial information necessary to determine whether the City can safely pump more than its current allocation of 1.1 mgd. The Public Services and Utilities Director has suggested that the City request that the current restriction to 1.1 mgd be relaxed to provide additional permitted pumpage. The City's consultant believes that a request for a temporary increase may be feasible, but only after Broward County submits its permit application for the reallocations as discussed above. 10-Year Water Supply Plan The solutions discussed above would provide the data and analysis necessary to bring the 10-Year Water Supply Plan into compliance. Next Steps Especially because of the uncertainty surrounding the short-term solution staff is beginning to initiate discussions with other potential sources, including the Town of Davie, which is developing a reverse osmosis plant. The City of Hollywood should also be contacted to explore short-term supplies, albeit of finished water. STAFF RECOMMENDATION Information only. 2 TNT Fireworks 768 E. Dania Beach Blvd. j Dania Beach, FL 33004 (964) 920-6770 E-mail: iickstein@neptunefireworks.com Fax :( 954) 924- 8018 July 26, 2010 i To Dania Beach City Commission Reference: VA-23-10 Sign Variance Dear Si or Madam: We are requesting the above item be moved to the meeting to be held on August 10, 2010 at 7:00pm due to Mr. Itzhak Dickstein being out of the country at this present time. He is due.to return to the United States the first week of August 2010. Cordially i Itzhak Dickstein President The above was signed and sworn to by Itzhak Dickstein who is personally known by Tangela Moore and has produce driver's license As identification at Dania,Florida on this 26th_day of July 2010. I ' •. TANGELA MOORS ! ` _ MY cOMMISSION#DD773629 EXPIRES March 30,2012 w 3oaa+sa Nola No Pub c