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HomeMy WebLinkAbout1723 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING APRIL 9, 2001 7:30 P.M. Mayor Flury called the meeting to order at 7:30 p.m. Roll Call: Present: Mayor Pat Flury Vice-Mayor Robert Chunn Commissioners C. K. McElyea Bob Mikes City Attorney Tom Ansbro Interim City Manager Jason Nunemaker Deputy City Clerk Charlene Johnson Absent: Commissioner John Bertino A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn to excuse Commissioner Bertino from this meeting. The motion passed unanimously. 1. Discussion of draft EIS response. (White & Case, LLP) Attorney Doug Halsey and Eric Swenson, White & Case, LLP, presented a draft of written comments to be presented to the Federal Aviation Administration (FAA) regarding the draft Environmental Impact Study (EIS). Copies of reports received from experts were also presented and Mr. Halsey gave a brief overview of the following comments: ❖ Wetland Impact ® The draft EIS inaccurately describes the habitat value of Wetland Area W-25 as "low". The area consists of tidally flushed mature wetlands and any mitigation proposed in the permitting process should account for an appropriate habitat value of the area. The draft EIS focuses on the direct impacts to Wetland Area W-25, but does not address the secondary impacts to plant and animal life in the remaining wetlands surrounding area W-25. Any mitigation must account for secondary impacts. ❖ Air Quality Impacts ® The draft EIS incorrectly assumes that aircraft traffic would be the same under the "No Action Alternative" and the "Proposed Project." Based on this MINUTES — SPECIAL MEETING 1 APRIL 9, 2001 ® assumption, the FAA predicts aircraft emissions under the "Proposed Plan" would actually be less than emissions under the "No Action Alternative." This assumption ignores the reality that both aircraft traffic and emissions would increase as a result of an extended runway. • The assumption that aircraft emissions under the "Proposed Project" would not exceed emissions under the "No Action Alternative" allows the FAA to avoid additional studies to determine whether the "Proposed Project" conforms to the State Implementation Plan (SIP). This is of particular concern because the Airport vicinity is currently designated as an "attainment/maintenance" area for ozone. • The draft EIS does not include dispersion modeling for the concentrations of hazardous air pollutants, or "air toxics" that would likely impact areas within Dania Beach. Commissioner Mikes was concerned about the dispersion modeling issue and felt that a study should be done for the area because of the potential health impact to residents. He advised that statistical studies have been done at other airports around the country showing some potential for certain types of cancer. ❖ Navigable Air Space: • There is some confusion or inconsistency in the depiction of the runway protection zones at the western end of the runway that needs some clarification. Because the expansion of the airport is taking place at the eastern end, one might conclude that there should not be any change in the runway protection zones or clear zones at the western end. The smaller the runway protection zone at the western end, the fewer impediments to development of property at the western end. The larger the protection zone, the larger the area that would be subject to some development constraints. ❖ Noise: • The 65 decibel noise level contour is generated by a computer model known as the Integrated Noise Model (INM). It appears that the Model as presented in the draft EIS may have under predicted or understated the likely impact of noise on the Melaleuca neighborhood. • When the greenbelt buffer was built along the southern boundary of the airport in 1990, it was built based on the existing 6,000-foot runway and the elevation of that runway. The proposed runway would be approximately 9,000 feet long and the height of the runway would increase by 7 feet at one end and 37 feet at the other end, which is higher than the existing greenbelt buffer. The elevated runway would significantly increase the impact of sideline noise on residents to MINUTES —SPECIAL MEETING 2 APRIL 9, 2001 ® the south and seriously diminish the shielding effect of the greenbelt buffer protective berm. ® A significant factor that has gone into the INM is ground attenuation of noise, which is the proximity of the noise source to the ground and the noise acting as a buffer or having some absorption capacity to reduce the lateral expansion or extent of the noise. When a noise source is elevated from 7 feet to 37 feet, the ability of the ground to attenuate the noise is reduced. It is not clear that the change in the existing elevation, from 7 feet to 37 feet and putting the noise source above the berm level at the eastern end of the project, has been calculated in preparing the design contours. When reviewing the contours on the northern and southern ends, it appears that the change in elevation has not been calibrated into the INM and therefore it appears that the noise contours have been significantly understated. If the FAA did not calibrate a much higher runway in computing the noise contours, then the draft EIS would be fundamentally flawed in evaluating noise impact on the surrounding communities. The contours reflected in the draft EIS are the 65 DNL only, it does not provide noise contours for threshold noise levels of DNL 55 and 60. Noise experts increasingly recognize the importance of using a DNL of 55-57 in residential areas. The lack of lower threshold noise contours would lead to the underestimation of impacts to Dania Beach residents. The FAA should be required to show the additional contours, which would be consistent with the policies and practices of the EPA and other federal agencies that evaluate noise impacts. o Another issue of concern that makes the EIS not as accurate as it could be, is its reliance on averages to state noise impacts. Averages in the area of noise, do not tell the full story of impact. The EIS ignores vibration effects caused by low- frequency, or "C-weighted" aircraft noise. The FAA does not analyze "worst case" scenarios, single event noise events, or nighttime flights. Instead, the EIS averages the impacts over inappropriate time intervals, thereby understating the area of impact within Dania Beach. There are certain assumptions about the use of the extended runway that are built in to the Inter-local Agreement between the City and the County. Those worst-case impacts, which the County has the flexibility to rely on and the particular circumstances that are laid out in the agreement, need to be evaluated and those impacts need to be reflected in the EIS. Mr. Halsey advised that the official end of the comment period is April 20 and that he is seeking authorization to submit the comments as presented. With regard to distribution of dispersion modeling for air toxics, Commissioner Mikes felt that the north alternative should be compared to the south alternative in terms of human and environmental impacts. Commissioner Mikes felt that a comprehensive study of cumulative impacts in the wetland areas should be done to see what real mitigation has been done. The MINUTES — SPECIAL MEETING 3 APRIL 9, 2001 permitting agencies are not happy with the loss of wetlands in that area, particularly ® when you add it to the West Lake critical mass, which is probably one of the last remaining, significant mangrove wetlands left in South Florida. He thought that the City might be able to force the FAA to do a dispersion modeling because of the potential impact on the West Lake preserve, which is a critical nursery for a number of salt water species that identify with Broward County in terms of recreation and the sports fishing industry. Commissioner Mikes also pointed out that stormwater on the elevated runway might be significant and could cause a rapid discharge into the Dania Cut-off Canal which could have an effect on silting in West Lake. Mr. Halsey agreed to incorporate Commissioner Mikes' concerns in both the transmittal letter and the comments. Jay Field, Chairman, Airport Advisory Board, displayed the year 2000 computer generated contours for the Airport. The contours represent 292,635 operations (a take- off or landing) on a yearly basis. He stated that the original proposal was for a 10,000 foot runway and was not approved by the Florida Department of Environmental Regulation due to the impact on the wetlands. He also advised that a one-day pollution study was done several years ago and that the study should be obtained. He mentioned that the Inter-local Agreement with the County states if there is increased activity at the airport for six months, the County shall immediately prepare a revised north contour reflecting the increased use of the runway and immediately commence noise mitigation. Mr. Field requested additional review on B5 where the percentages were switched between the north parallel and the south parallel in reference to a 2005 departure runway use. Another item of concern to Mr. Field was the statement that Mr. ® Young made about Stage 4 aircraft being a highly controversial issue and probably not being settled in the near future. Mr. Field advised that the International Civil Aviation Organization has submitted a proposal for Stage 4 aircraft. If the proposal is approved, it would take effect on January 1, 2006. The Stage 4 airplanes would not phase out the old Stage 3 airplanes, but the proposal would benefit the City on the south runway. Mr. Halsey stated that he would incorporate these changes and amendments to the comments and have it prepared for the Mayor's signature. He was not sure whether the Inter-local Agreement could be revisited because of a flaw or mistake, or whether the protections the City secured for the residents could be enhanced. It depends on whether or not the elevation of the runway was incorrectly computed or not computed at all in the analysis. If the elevation change was not accurately evaluated in 1994 then there may be a basis for strengthening the Inter-local Agreement. Mr. Halsey mentioned that there might be something that could be done with the berm towards the east end of the Melaleuca Gardens area. Commissioner Mikes stated that faults in the berm on the west end should be corrected. Jay Field asked if there would be any difference in the noise contours or pollution if they did away with an air carrier cross wind runway. Mr. Halsey did not have an answer at this time. City Manager Nunemaker introduced representatives from the Marriott Corporation. He advised that representatives were invited to illustrate the City's stance towards the MINUTES —SPECIAL MEETING 4 APRIL 9, 2001 Marriott project and the avenues that are being pursued with regard to the EIS. He • advised that other resources were being devoted to investigate the matter further as development is something the City values significantly. Mr. John Holiday stated that the Marriott development has been in the works for a year and a half for the property next to the Hilton Hotel on Griffin Road, at the west end of the airport. He stated that slopes have increased towards the south and that the property started at an elevation of 40' at the north end and 120' at the south end. The redesign of the runway changed the elevations on his site to 15' at the north end and 70' at the south end and at this point, the project cannot go forward until the outcome of the runway expansion is made known. Mr. Holiday advised that the slope now takes out the ability to construct the planned 5-story hotel with 349 rooms. Commissioner Mikes mentioned that there was language in the Inter-local Agreement that encouraged the City to develop its land. Eric Swenson pointed out that the draft EIS shows no updated Part 77 Study, a Navigable Airspace Study showing runway protection zones. The 1994 Master Plan updated the Part 77 Study, but there is no indication of an update since 1994, however the draft EIS indicates changes in the runway protection zones. The parcel in question was not included in the runway protection zones in 1994, but now it is. Mr. Swenson agreed that further research was needed. The Consultants were directed to get a clear indication of why this change was made. ® City Attorney Ansbro felt that the Marriott Corporation should be willing to contribute to funding this inquiry to take some burden off the City. Commissioner Mikes commended Attorney Halsey and Attorney Swenson for a very professional job. 2. Discussion and possible action on Pier Restaurant lease. Acting City Manager Nunemaker recommended that two separate RFPs be advertised; one for design only of a restaurant, and one RFP for design-build-operate for a restaurant. Commissioner McElyea felt that the City should move forward with the design and build the restaurant. Commissioner Mikes supported the idea of having the restaurant design drawn and for the City to build the restaurant to be leased on a short-term basis. Mayor Flury felt that the City should hire an architect to design the restaurant and then move forward with construction of the restaurant. This item was continued to the April 10, 2001, Regular Meeting, for action. MINUTES —SPECIAL MEETING 5 APRIL 9, 2001 03. Discussion of annexation revenues. Acting City Manager Nunemaker presented a timeline of when the City could expect revenues from the annexation area coming into the City on September 15, 2001. The projections on property valuations are due by June 1, 2001, and the County has indicated that the City should have an idea of these projections by the end of the month. The actual property valuations are due July 1, 2001. Mr. Nunemaker advised that he would be notifying the Community Development Division so that CDBG allocation is appropriated for the area, as well as all other inter-governmental agencies and funding sources. He asked for direction from the Commission on their desire of pursuing annexation of the Riverland Road area. City Attorney Ansbro reported that there was presently a bill pending in the Legislature whereby the residents of the Riverland Road area would have the right to choose between Dania Beach and Fort Lauderdale. In response to Commissioner Mikes, Mr. Nunemaker advised that the City could incur costs between $30,000 and $60,000 to pursue the annexation of the Riverland Road area. Commissioner Mikes suggested that each Commissioner discuss this issue with the Acting City Manager on an individual basis. ® Mayor Flury was opposed to spending human resources as well as monies to pursue the area if the residents were not interested in being annexed into Dania Beach. The meeting adjourned at 9:20 p.m. ATTT a MAYOR- COMMISSIONER ACTING CITY CL Respectfully submitted by Nanci Denny. APPROVED: MAY 22, 2001_ MINUTES -SPECIAL MEETING 6 APRIL 9, 2001