02-14-2005 Workshop
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City Commission
Workshop Meeting
February 14, 2005
3:00 P,M,
Executive Conference Room
AGENDA
1.
2.
3.
Village at Gulfstream Park DR' Update
Building Moratorium {Commissioner Diamond}
Adjournment
* Back-up Information Exists
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact the
Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission .. C'
Eric M. Soroka, ICMA-CM, C~~
February 14, 2005 ~
Recommendation to Pursue Eminent Domain Proceedings to Acquire
the Proposed Waterways Park Site
TO:
DATE:
SUBJECT:
Recommendation
It is recommended that the City Commission take the necessary steps to initiate
eminent domain proceedings and declare said action to be a public purpose to acquire
the proposed Waterways Park site.
Background
In 2004 the City entered into a Purchase and Sale Agreement with Gulfstream to
acquire six acres for the Waterways Park project. The purchase price was $3,800,000
and the Agreement contained several conditions. The City has deposited the down
payment of $380,000 with the escrow agent. The City would take the parcel in an "as is
- where is" condition and would be responsible for any environmental cleanup and
liability. Gulfstream would contribute up to $1,000,000 toward the cleanup work.
As a condition to closing, Gulfstream shall have obtained from the City zoning approval
to extend the MO zoning and conditional use approval for the parcels zoned medical
office for residential uses which do not exceed twenty (20) stories in height and 35
dwelling units an acre. As you are aware, after numerous requests by the City,
Gulfstream has not filed for a conditional use approval which has delayed the closing.
On February 10, 2005, I issued a letter to Gulfstream indicating that the City would
terminate the Agreement if the conditions were not met in seven days.
On this date, I met with Scott Savin from Gulfsteam to discuss the park land situation
and the DR!. Based on the fact that Gulfstream is not ready to submit the conditional
use approval because they "do not know at this point what they want to do on the
property", they understand that the City would likely move forward on eminent domain
proceedings. He made it clear that it would be non-adversariallitigation and hoped that
they could still settle the issue in the future.
Based on the foregoing, in order to expedite the acquisition of the park site, it is
recommended that the City begin the eminent domain process by taking the following
action:
. Issue required thirty day notice that the City intends to pursue quick take eminent
domain proceedings. The letter would include the City's offer of $3,800,000 with
$1,000,000 to be held in escrow to offset environmental cleanup costs for the
site. The opportunity to apply for conditional use approval will not be included.
. Authorize City Attorney and City Manager to prepare the Resolution for the
March 10, 2005 meeting to initiate quick take eminent domain proceedings and
declaring said action to be a public purpose to acquire the proposed Waterways
Park site.
If you have any questions, please feel free to contact me.