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HomeMy WebLinkAboutR-2003-136 Utilize bond preservation funds to purchase 25th ave and SW 45th street RESOLUTION NO. 2003-136 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING BROWARD COUNTY TO UTILIZE BOND PRESERVATION FUNDS TO PURCHASE PROPERTY LOCATED ON 25T" AVENUE AND SW 45T" STREET IN DANIA BEACH, LEGALLY DESCRIBED AS REPLAT OF A PORTION OF LOT 8, BLOCK 4, "PLAT OF SEC'S 28,29,31 & 32, T 50S, R 42 E" OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, PLAT BOOK 2, PAGE 32, DADE COUNTY RECORDS, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA; DIRECTING THE CITY MANAGER TO FORWARD THIS RESOLUTION TO REPRESENTATIVES OF THE BROWARD COUNTY COMMISSION AND BROWARD COUNTY PRESERVATION BOND PROGRAM; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residents living in the area of SW 25 Avenue and SW 45 Street, Dania Beach, presented a Petition on May 27,2003, urging the City Commission to protect a parcel of land in their area from future development; and WHEREAS,some 62 residents living in the surrounding neighborhood signed the Petition in support of protecting the land because of its natural eco system and lake feeding into the Dania Cut- off Canal; and WHEREAS, the subject land and lake located near SW 25 Avenue and SW 45 Street provides valuable environmental support to the wildlife in the area and enhances the quality of life for the residents; and WHEREAS, since 2000, Broward County Preservation Bond Program has been trying to locate parcels of land that can be protected from adverse development and designed as park land; and WHEREAS, the subject property is identified as and located on SW 251h Avenue and SW -1- RESOLUTION NO. 2003-136 451h Street in Dania Beach, and legally described as a Replat of a portion of Lot 8, Block 4, "Plat of Sec's 28,29,31 &32, T 50S, R 42 E"of Section 29, Township City Of Dania Beach, Broward County. WHEREAS,the Dania Beach City Commission finds that it is in the best interests of the City of Dania Beach and the welfare of the residents in the SW 25th Avenue and SW 45th Street area to request that Broward County utilize Bond Preservation Funds to purchase the subject property. NOW,THEREFORE, be it resolved the City Commission of the City of Dania Beach, Florida; Section 1. That the City Commission urges Broward County to take action to use Bond Preservation funds to purchase the subject property for the betterment of residents of Dania Beach and the protection of the natural ecosystem provided. Section 2. That the City Manager is directed to forward this resolution to members of the Broward County Commission and Broward County Bond Preservation Program. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. That this resolution shall be enforced and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 271h DAY O M , 2003. BOB A ON MAYOR- CO ISSIONER P>TT ST- ROLL CALL: COMMISSIONER CHUNN -YES COMMISSIONER FLURY- YES CHARLENE JOH ON COMMISSIONER MIKES -YES CITY CLERK VICE-MAYOR MCELYEA- YES MAYOR ANTON - YES APPROVED AS TO FO M AND CORRECTNESS: BY: ' T OM S JANSBIkO CITY ATTORNEY -2- RESOLUTION NO. 2003-136 o MM - FLORIDA June 10, 2003 The Honorable Diana Wasserman-Rubin Mayor of Broward County Governmental Center, 115 South Andrews Avenue #421 Fort Lauderdale, FL 33301 Dear Mayor Wasserman-Rubin: The City Commission of the City of Dania Beach took action on May 28, 2003, to adopt the attached Resolution No. 2003-136 urging Broward County to utilize Bond Preservation Funds for the purchase of property located on SW 25 Avenue and SW 45 Street as further described in the Resolution. We respectfully request action to be taken on this issue at your forthcoming County Commission Meeting on June 24. If you require any further information regarding this request, please do not hesitate to ® contact me at (954) 924-3622. Thank you for your consideration. Sincerely, Charlene Jo4non, CMC City Clerk /cj Enclosure "Broward's First City 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us r 0 FLORIDA INTEROFFICE MEMORANDUM To: Mayor Robert Anton Vice Mayor C.K. "Mac" McElyea Commissioner Pat Flury Commissioner Robert Chunn Commissioner Robert Mikes i v From: Ivan Pi City M i, cc: Laurence Leeds Director of Growth Management Bonnie Temchuk Assistant to the City Manager Date: June 23, 2003 Subject: SW 45 Street Park Site Requirements of County After a discussion with Bonnie Temchuk and Laurence Leeds the staff is somewhat concerned about the issues that this City must address prior to securing this site for the City Park through the Green Space Bond money. The attached memo from Bonnie Temchuk is self explanatory and I would urge you to review it right away since this will come up at tomorrow nights Commission Meeting for discussion. 7 1 The fact that this could become a costly venture for the City it needs your input and direction. i "Broward's First City" `V' :r l�:uii.� i�cach Boulc�ard Dania Beach. Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.tl.Lis CITY OF DANIA BEACH MEMORANDUM TO: Ivan Pato City Manager FROM: Bonnie Temchuk Assistant to the City Manager Grants and Special Projects DATE: June 20, 2003 SUBJECT: SW 45 Street Park Site Requirements of County After reviewing the documents sent over by Scott Park, there are quite a few concerns and issues that must be addressed prior to securing this site through Green Space Bond money. I have attached and highlighted the area's of concern. Interlocal Agreement: 1. Conceptual Resource Management Plan —this plan must describe the proposed use of the site and the manner in which the City proposes to preserve and enhance. a. This will require research of what type of vegetation is presently on site, the manner in which we will remove exotic's and what type of native's will be planted. b. We will need to establish how the area is to be secured, when the public will have access, and how we will ensure that no sporting activites will be played on this site (if we wanted to do a fishing tournament, I would think we would need a special exception inserted into the agreement, since fishing is a sporting activity. c. Where the money will come from to perform all activities stated in the Plan and the timeframe in which they will be done. 2. 3.1 Conceptual Resource Plan must be included in City's 5 year CIP in accordance with the timeline contained in the Plan. 3. 4.2 We must record a Conservation Easement in a form acceptable to the County Attorney's Office. 4. 4.4.1 We have one year to prepare a Final Resource Management Plan and submit for approval to the LPAAB and then filed with the County. a. This plan will have to be very detailed, giving exact counts or percentages • of vegetation, plans of removal, replanting of natives, how we propose to get exotic's off of site. This plan will have to be done by a professional landscape environmentalist to ensure that all components of the Plan will be outlined. The County will help with technical assistance, but the actual preparation of the plan will be the burden of the City. Approximate costs • of the plan will be $10,000 to $25,000. b. Under no circumstances shall organized sports be a permissible activity on the Site. We would need to get clarification to see if fishing would be a sports activity, if so we would not be able to hold tournaments, family fun days or anything that would be organized on this site. c. 4.15 The City agrees to initiate a land use plan map amendment. 5. 5.1 If the City should decide to contract out the site management we must give the County 60 days notice for their approval. 6. 6.7 The City must submit an annual report to the County indicating all operations, enhancements and site development which occurred during the previous year for a period of 5 years. This will require additional personnel. 7. 8.4 If the City provides a resolution guaranteeing the money for the improvements to this site be placed in our CIP for the next 5 years and then fails to do so, the title of the property will be transferred back to the County. 8. DEED OF CONSERVATION EASEMENT— 1. We will retain the land and water of the property to it's natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and will retain such areas as suitable habitat for fish, plants or wildlife. 9. 3. —There are many conditions and activities that are prohibited as defined in this section. 10. 7. — If any of the conditions regarding the removal of exotic's replanting of • native, failure to comply with timeline, failure to continue to include money for this project in our 5 year CIP, etc, will allow enforcement by the County to remedy this situation and charge the city for all costs, including attorney's fees, administrative, etc. This includes the cost of restoring the site to the native vegetative and hydrologic condition required in the Plan. 11. 10. —We are required to maintain the site forever meaning that money will have to be budgeted on a yearly basis for exotic removal, upkeep of property, additional staff, specialist regarding native and exotic vegetation, etc. These are my concerns regarding the two documents. I believe the ability to acquire this property through the County Bond program will in fact be a very costly venture for the City, especially the first five years of ownership. • I COUNTY COMMISSION 27. MOTION TO FILE City of Dania Beach Resolution No. 2003-136 urging Broward Countyto utilize Bond Preservation Funds forthe purchase of property located on SW 25 Avenue and SW 45 Street to protect a parcel of land in the area because of its naturaleco system and lake feeding into the Dania Cut-off Canal. (Mayor Wasserman- Rubin) 28. MOTION TO FILE City of Dania Beach Resolution No. 2003-133 supporting the enactment of House Bill 0019 and Senate Bill 1498 known as the "Dignity for all Students Act". (Mayor Wasserman-Rubin) 29. MOTION TO FILE CityofTamarac Resolution No. R-2003-112 requesting thatthe City of Tamarac be included in a comprehensive annexation bill to be prepared by the Broward County Legislative Delegation as a choice city for certain contiguous unincorporated areas to join. (Mayor Wasserman-Rubin) REQUEST TO SET FOR PUBLIC HEARING 30. MOTION TO DIRECT County Administrator to publish notice of Public Hearing to be held Tuesday, July 8, 2003, at 2:00 PM in Room 422 of the Governmental Center, to consider the renewal of Nonemergency Medical Transportation Service (NEMTS) licenses for AAA Wheelchair Wagon Service, Inc., Broward Ambulance, Inc. d/b/a American Medical Response, City of Margate Fire Rescue, HealthTrans of South Florida, and Village Car Service, Inc. 31. MOTION TO ADOPT Resolution directing the County Administrator to publish notice of Public Hearing to be held Tuesday, August 12,2003 at2:00 PM in Room 422 of the Governmental Center, to vacate and abandon a utility easement, lying and being in Broward County, Florida and located at NW 311 Street and North State Road 7, Margate, Florida. Petitioner: Westbrooke Communities (Calvin, Giordano and Associates, Inc. -Agent) (2003-V-04) (Commission District 2) 32. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, July 8, 2003, 2003, at 2:00 PM in Room 422 of the Governmental Center,to consider enactment of a proposed Ordinance,the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO HUMAN RIGHTS;AMENDING THE BROWARD COUNTY HUMAN RIGHTS ACT, AS CODIFIED IN 06/24/03 - 7 - May 27 , 2003 Hear Mayor, Vice Mayor and Commissioners: My name is Karen Gourdin, living at 2411 S.W. 45 ST: My property is first to be directly impacted by the development of the 4 plus acre parcel of land with 16 homes, roads, sewers and unrelenting traffic. this development is a direct affront to me and my neighbors. We have a very nice, peaceful community and would like it to stay that way. In addition, the sewer charges would most definitely be a hardship on me personally. I did not attend the first meeting as I felt we would not be heard. I hope to be proven wrong. I would like to join my neighbors in their petition to you requesting this parcel of land be bought by Broward County under the Park Bond. issue and preserved in its natural state. Please, have someone read this at the meeting tonight as one more voice to be heard on this matter. Sincerely, teon`, . /. - WE, THE UNDERSIGNED RESIDENTS OF DANIA BEACH AND VOTERS OF BROWARD COUNTY, HEREBY REQUEST THE CITY OF DANIA BEACH TO PASS A RESOLUTION REQUESTING BROWARD COUNTY PURCHASE THE 4 +/- ACRE OF PROPERTY AT SW 45 ST/SW 25 AVE, DANIA BEACH UNDER THE PARK BOND ISSUE . NAME ADDRESS ZIP df4t z 3 f q-�-I �,� z ( Z--- 4W,6 L� a&ui ,-alct dS v i �A)oj 01 l �� M3 SW V �)�M* A" 64a ow )145i C � WE, THE UNDERSIGNED RESIDENTS OF DANIA BEACH AND VOTERS OF BROWARD COUNTY, HEREBY REQUEST THE CITY OF DANIA BEACH TO PASS A RESOLUTION REQUESTING BROWARD COUNTY PURCHASE THE 4 +/- ACRE OF PROPERTY AT SW 45 ST/SW 25 AVE, DANIA BEACH UNDER THE PARK BOND ISSUE . NAME ADDRESS ZIP o r yS7 �'� 2s�� 33 AA�15�C6 w7z o , -25-'P�✓e, 333>�2- _ M ,`�{�v o �cJ �s C1v� 333/a 333 112 ,33 4 Ll � a 0-4- 3 3 . 15-y�sly � s��� ; � � ,z. 7(ol Co as � � WE, THE UNDERSIGNED RESIDENTS OF DANIA BEACH AND VOTERS OF BROWARD COUNTY, HEREBY REQUEST THE CITY OF DANIA BEACH TO PASS A RESOLUTION REQUESTING BROWARD COUNTY PURCHASE THE 4 ® +/- ACRE OF PROPERTY AT SW 45 ST/SW 25 AVE, DANIA BEACH UNDER THE PARK BOND ISSUE . NAME ADDRESS ZIP �j G�c Zb 5 3 3 f 2- J ert 33 31 WE, THE UNDERSIGNED RESIDENTS OF DANIA BEACH AND VOTERS OF BROWARD COUNTY, HEREBY REQUEST THE CITY OF DANIA BEACH TO PASS A RESOLUTION REQUESTING BROWARD COUNTY PURCHASE THE 4 +/- ACRE OF PROPERTY AT SW 45 ST/SW 25 AVE, DANIA BEACH UNDER THE PARK BOND ISSUE . NAME ADDRESS ZIP �F o NZ A - y5G S UJ - P2 3 3 12- AJ v u, , il�I- N sa 4b i, �5 h 4zn„ ,3;3 3 6 S - 33 31Z W/, -Do n i-N I 1 3. f)l it e .k Aj 1 AA 074o �-Lo, -15 -3 3 31 -2, Z 31--z-- 33312 '� M )AK � 2s �Pr� 3 3 � ) r