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CONFLICT HEREWITH BE REPEALED TO THE EXTENT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
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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 .
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BROWARD COUNTY, HEREBY REQUEST THE CITY OF DANIA BEACH TO
PASS A RESOLUTION REQUESTING BROWARD COUNTY PURCHASE THE 4
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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 .
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