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HomeMy WebLinkAboutR-1990-095.1 RESOLUTION NO. 95 . 1-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPOINTING A MEMBER TO THE BROWARD COUNTY COMMITTEE FOR COMMUNITY DEVELOPMENT; AND PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDNG FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That M. STERLING COLLINS, be and he is hereby h appointed as the City of Dania' s representative to the Broward County Committee for Community Development. Section 2. That said appointee shall serve at the pleasure of the City Commission. 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the .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 in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 25th day of September , 1990. MAYOR - COM ISS NEEb R!— ATTEST: f T n�ti z - z CITY CLERK - AUDITOR APPROVED AS 'I'0 FORM AND CORRECTNESS �, F 1� FRANK C. ADLER, City Attorney Resolution No . 95 . 1-90 RESOLUTION N0. 95-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, IN SUPPORT OF DELAYING THE PUBLIC HEARING PROCESS RELATING TO THE AIRPORT RUNWAY SUBSTANTIAL DEVIATION FOR DEVELOPMENT OF REGIONAL IMPACT; RESCINDING THE PUBLISHED NOTICE FOR NOVEMBER 1 , 1990 , AND DECEMBER 18 , 1990, PUBLIC HEARINGS TO CONSIDER THE ISSUANCE OF A DANIA DEVELOPMENT ORDER; ALLOWING FOR ADDITIONAL REGIONAL PLANNING COUNCIL STAFF REVIEW IN COORDINATION WITH FORT LAUDERDALE AND DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City of Dania requests the South Florida Regional Planning Council to defer the public hearing process on the Airport south runway expansion until current data, updated from 1980 , is available; and WHEREAS , recent discussions with Broward County, the Airport, Fort Lauderdale and the City of Dania should continue on issues that have not been resolved to date ; and WHEREAS, a mitigation program to assist all residential properties within the existing and projected 65 LDN noise control lines, regardless of location, should be in place prior to the constructed expansion of the south runway ; and WHEREAS, a permanent noise monitoring system should be i installed with a minimuim of five stations placed within the City of Dania; and WHEREAS, a preferential runway program should be in place as well as a night curfew and only stage III airplanes for the south runway; and WHEREAS, a public information program should be undertaken to inform affected residents of the potential impact on their Resolution No. 95-90 J r neighborhoods; and WHEREAS, the Airport should complete an Environmental Impact Statement and amend its Part 150 study based on current, but as yet unavailable, data. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the official public hearing notices for November 1 , 1990, and December 18 , 1990, be rescinded and readvertised at a later. date. Section 2. That ongoing discussions of pertinent issues continue with appropriate parties in attendance . Section 3. That the public be informed through advertised public meetings of the issues and status of the construction program for the south runway. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED on this 25th day of September 1990 . MA OR - COMMISSL�i ATTEST: a . • �� i�/�G/r_ CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS BY: _ _ FRANK C. ADLER, CITY ATTORNEY 95-90 Resolution No. DAN.IA' S POSITION PAPER AND STATUS REPORT REGARDING THE FORT LAUDERDALE/IIOLLYWOOD TNTERMATTONAL AIRPORT SOUTH RUNWAY EXPANSION PROJECT INTRODUCTION In August , 1981 , the Fort Lauderdale/Hollywood International. Airport ( "The Airport" ) completed a development of regional impact analysis that set in motion the terminal and service route expansion . In October, 1987 , a noise study was completed (FAR Part 150 Study) and approved in August , 1989. In August , 1988 , the Airport and the State of Florida agreed to a preliminary development agreement as amended that allowed the extension of. Runway 9L/27R without completion of a substantial deviation . In July, 1989 , the Airport applied for substantial deviation to the DRI . The triggering events for the substantial deviation were the extension of 9L/27R (completed tinder the preliminary development agreement and before submitting the substantial deviation) and the extension of Runway 9R/27L, including changing the use to a commercial runway. The substantial deviation must be reviewed by the South Florida Regional Planning Council (SFRPC) . A series of SFRPC staff meetings were held attempting to reach an agreement regarding the conditions of the substantial deviation . The Airport , Rroward County, the City of Dania, the City of Fort Lauderdale, concerned citizens and SFRPC staff attended. 1 The last South Florida Regional Planning Council staff meeting was September 17 , 1990 . The issues discussed related to noise mitigation . There are four (4) major areas of disagreement : * A curfew or preferred runway system * Aircraft use restrictions Mitigation of the existing impacted residential properties . * Mitigation of future impacted residential properties . DANIA'S POSITION: Dania has three (3) general goals . First , to preserve the tax base of the City of Dania; Second, to remove the unacceptable noise impact of Dania residents or immediately commencecommence a program to protect property values (condemnation or purchase assistance) ; and Third , to protect the environment in the City of Dania . 1 . DANTA' S TAX BASE: Paragraph 15 of the SFRPC proposed conditions provides : The applicant and each effected municipality shall conduct the following activities designed to reach a fair and equitable agreement with regard to any fiscal or environmental impact produced on these municipalities by this substantial deviation ( the airport runway expansion program) prior to filing any _court action. Negotiation Stage The parties shall undertake good faith efforts to negotiate an agreement . Negotiations shall commence no later than 30 days after issuance of the last of the three development orders required by this project (Broward County, City of Fort Lauderdale and City of Dania) . This issue date shall be referred to herein as the latest date of issuance. If resolution is not reached by 90 days after the latest date of issuance, the process shall advance to Stage 2 . This does not prohibit the parties from advancing to Stage 2 mediation at a point prior to 90 days after the latest date of issuance. Mediation Stage If Stage 1 negotiation is inconclusive by the end of 90 days after the latest date of issuance, or if the Parties agree to advance to Stage 2 mediation prior to 90 days after the latest date of issuance, the affected parties will work with a mediator. This mediator shall be mutually acceptable to the parties and shall have recognized expertise in the role of mediator. For example , a mediator may be selected from the roster of the Florida Growth Management Conflict Resolution Consortium. The parties shall make good faith efforts to reach an agreement with the help of the mediator. If resolution is not reached by day 60 of Stage 2 mediation then any of the parties may initiate litigation. 2. NOISE MITIGATION: The Airport refuses to address mitigation of the present noise impact to Dania residents other than in the FAR Part 150 Study. The Part 150 Study provides mitigation under a "purchase assurance program" . This program is not funded and has a schedule spanning 30 years . The Airport plans to expand. The noise .impact of Dania residents will also be expanded . Dania opposes expansion of the airport until an acceptable mitigation program is in effect . 3 F7 -1 Numerous Dania residents are presently subjected to unacceptable noise levels (greater than 65LDN) . Dani.a ' s goal. is to remove the unacceptable level of noise from residential properties or immediately commence a program to purchase the properties . The following actions can accomplish these goals : Remove The Unacceptable Noise: * Establish a preferred runway system or curfew that prohibits the use of Runway 9R/27L and Runway 13/31 during the evening and night time hours (7 :00 p.m. to 7 : 00 a.m . ) , except for emergencies. * Establish use restrictions on the number and type of aircraft utilizing the airport to withdraw the contours onto airport property. A combination of 1 and 2 to withdraw the contours onto airport property. Mitigate The Unacceptable Noise: * Install a permanent noise monitoring system on a priority bases . * Update the FAR Part 150 Study . * As a result of 1 and 2 and the single event: noise contours, condemn or purchase all residential properties subject to unacceptable noise (greater than 65M or a single event of 70DBA) . * Establish a land use plan for all airport affected properties. 9 -- - _� 3. ENVIRONMENTAL IMPACT: y An environmental assessment is unacceptable . There has been no Environmental Impact Statement conducted on the airport expansion program . Dania deserves a complete EIS . t 5