06-20-2001 CC Meeting AgendaJeffrey M. Perlow, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Manny Grossman
Patricia Rogers-Liber t
City Maas_vet
Eric M. $oroka
City Clerk
Teresa M. Soroka, CMC
City Attorney
Weiss Serota Heffman
Pastoriza & Guedes
COMMISSION MEETING
June 20, 2001 9:00 A.M.
19200 West Country Club Drive
Aventura, Florida 33180
CALL TO ORDERXROLL CALL
RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A PUBLIC
PURPOSE AND IS NECESSARY FOR ESTABLISHING AN
ELEMENTARY CHARTER SCHOOL; AUTHORIZING THE
CITY ATTORNEY TO INITIATE EMINENT DOMAIN
PROCEEDINGS; AUTHORIZING THE CITY ATTORNEY TO
RETAIN EXPERT WITNESSES AND CONSULTANTS AND
TAKE FURTHER ACTIONS THAT ARE REASONABLY
REQUIRED TO ACQUIRE THE PRIVATE PROPERTY
DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADJOURNMENT.
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 disabigty should contact the Office of the City Clerk, 305-466~890l, not later than two
days prior to such proceeding, One or more members of the City's advisory boards may be in attendance.
Anyone wishing to appeal any decision made by the City of Aventura City Commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, Ci~ of Aventura Government Center, 19200 West Country Club Drive, Aventura,
Florida, 33180. Anyone wishing to obtain a copy of any ageuda item should contact the City Clerk at 305-466-8901.
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A
PUBLIC PURPOSE AND IS NECESSARY FOR
ESTABLISHING AN ELEMENTARY CHARTER SCHOOL;
AUTHORIZING THE CITY ATTORNEY TO INITIATE
EMINENT DOMAIN PROCEEDINGS; AUTHORIZING
THE CITY ATTORNEY TO RETAIN EXPERT WITNESSES
AND CONSULTANTS AND TAKE FURTHER ACTIONS
THAT ARE REASONABLY REQUIRED TO ACQUIRE
THE PRIVATE PROPERTY DESCRIBED IN EXHIBIT "A";
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there are no public elementary schools located within the City of Aventura,
despite the presence of a large and growing number of elementary school-age children residing
in the City; and
WHEREAS, nearby public elementary schools which serve the City's children are
operating at approximately 60% over their assigned capacities and the Miami-Dade County
School Board currently has no additional elementary schools proposed for the area in its five-
year work plan; and
WHEREAS, the City Commission has evaluated the needs of its residents for
establishing an elementary charter school and has considered the benefits of having an
elementary charter school within the City; and
WHEREAS, the City has authority pursuant to Section 228.056, Florida Statutes, to
sponsor an elementary charter school and to oversee its operation once established; and
WHEREAS, the City retained a qualified consultant, Charter School USA and Charter
SchoolHouse Developers, to conduct a study which examines the demand for and feasibility of
establishing an elementary charter school; and
WHEREAS, the study concludes that the City has a sufficient need for an elementary
charter school based upon the City's population and the unavailability of adequate classrooms at
nearby public schools; and
WHEREAS, the study further concludes that development of an elementary charter
school is financially feasible based upon its projected costs and financing; and
WHEREAS, the consultant conducted a survey which demonstrates substantial support
in the community for an elementary charter school, even if additional taxes were levied to
support it; and
Resolution No. 2001-__
Page 2
WHEREAS, the consultant identified a 2.38 acm private tract located at 3333 N.E. 188th
Street (the "Tempest Parcel") as a suitable site for an elementary charter school based upon its
access, acreage, and location next to recreational areas, multipurpose rooms, and classrooms
within the City's planned community center; and
WHEREAS, the City Commission has determined that the Tempest Parcel is the most
appropriate site for development of an elementary charter school and that acquisition of the
Tempest Parcel in fee simple serves a municipal purpose and is necessary to fulfill the
educational needs of the present and future elementary school-age children that reside in the
City; and
WHEREAS, the City Commission, through the public process of meetings and
workshops, has carefully considered all factors relevant to acquisition;
WHEREAS, the City Commission finds that it is necessary to take legal action and
employ legal counsel, real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings; and
WHEREAS, the City Commission is authorized by Sections 166.401 and 166.411,
Florida Statutes, to exercise the fight and power of eminent domain for a municipal purpose.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
SECTION 1: All recitals above are true and correct and incorporated herein.
SECTION 2: It is hereby declared that it is necessary to acquire, through eminent
domain or negotiated conveyance, fee simple title to the Tempest Parcel, described in Exhibit
"A" attached hereto. It is further declared that acquisition of the Tempest Parcel serves a public
purpose and is necessary to fulfill the educational needs of the present and future elementary
school-age children that reside in the City.
SECTION 3: The City Attorney and all others acting on his behalf are authorized to
initiate eminent domain proceedings pursuant to Florida Statute Chapters 73, 74, and 166 and to
file petitions, pleadings, affidavits, declarations of taking, and any other documents authorized
by Florida Statute or rule of court to accomplish the acquisition described herein.
SECTION 4: The City Manager and City Attorney and all others acting on their behalf
are authorized to contract with real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings.
SECTION 5: The City Manager and City Attorney and all others acting on their behalf
am authorized to take such further actions as are reasonably required to fully accomplish the
purposes hereinabove directed.
SECTION 6: This Resolution shall become effective immediately upon its adoption.
2
Resolution No. 2001~__
Page 3
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Peflow
PASSED AND ADOPTED this 20th day of June, 2001.
, who
_, and
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY