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97-074 RESOLUTION NO. 97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING PROCEEDINGS PURSUANT TO CHAPTER 74, FLA. STAT. TO PROVIDE FOR ACQUISITION BY QUICK TAKING IN ADVANCE OF FINAL JUDGMENT OF THAT CERTAIN 3.3+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE WEST SIDE OF COUNTRY CLUB DRIVE, SOUTH OF THE WILLIAM LEHMAN CAUSEWAY IN AVENTURA, FLORIDA, PURSUANT TO DETERMINATION MADE BY THE CITY COUNCIL IN RESOLUTION NO. 97-33 THAT THE ACQUISITION OF SUCH PARCEL CONSTITUTES A PUBLIC NECESSITY IN ORDER TO OBTAIN A LOCATION FOR THE GOVERNMENT CENTER FACILITY; CONFIRMING COMPLIANCE WITH ALL CONDITIONS PRECEDENT; AUTHORIZING THE CITY MANAGER TO PROVIDE FOR THE DEPOSIT OF FUNDS INTO THE COURT REGISTRY, AS THE CITY'S GOOD FAITH ESTIMATE OF THE FAIR MARKET VALUE OF THE PROPERTY; CONFIRMING AND RATIFYING FINDINGS OF RESOLUTION 97-33 OF THE CITY COUNCIL; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 97-33 of the City Council, as adopted on May 6, 1997, the City Council has previously determined the necessity for the acquisition of that certain 3.3+ acre parcel of land located at the west side of Country Club Drive, south of the William Lehman Causeway in Aventura, Florida (the "Property"), as described on Exhibit "A" attached hereto, for use and development as the Government Center facility for the City, consisting of a City Hall, Police Station, Cultural Center and other municipal offices or facilities ("the Government Center"), as described in Resolution No. 97-33; and WHEREAS, pursuant to Resolution No. 97-33, the City Council has authorized the filing of eminent domain proceedings for the acquisition of the Property; and Resolution No. 97-74 Page 2 WHEREAS, such eminent domain proceedings have been filed for the purpose of acquiring the Property and are pending as Case No. 97-15825 in the Circuit Court for Dade County, Florida; and WHEREAS, the City Council has, pursuant to Resolution No. 97-33, determined that the Property is needed for the Government Center facility, and again confirms that determination; and WHEREAS, the City Council again finds and declares, as it did in Resolution No. 97-33, that it is necessary and in the public interest to construct a central government center and that the acquisition of the fee simple title to the Property is for a public purpose, to-wit: The City of Aventura Government Center, and is essential to the accomplishment of the Governmental Center project; and as such, constitutes a public necessity and the acquisition of the Property is necessary and essential to accomplish this public purpose to the best interest of the City; and WHEREAS, the City Council has completed a Facilities Needs Assessment study to define the staffing, building and site requirements for the development of a government center for the City; and WHEREAS, the City Council now finds and determines that it is necessary for the City to obtain legal title and possession of the Property, in advance of the final judgment, as soon as possible upon the issuance of an Order of Taking by the Court and the deposit into the Court Registry of the City's good faith estimate of the fair market value of the Property in accordance with Florida law; and Resolution No. 97-74 Page 3 WHEREAS, the City Council recognizes that the City will be liable to pay the fair market value for the Property as subsequently determined by a final judgment, plus costs and attorneys fees, in accordance with Florida law; and WHEREAS, the City Council has, prior to the adoption of Resolution 97-33 and this Resolution, carefully considered all relevant factors, throughout the public process of Council workshops and Council meetings, and has determined the necessity of acquiring certain property and property rights and alternative sites, safety factors, environmental considerations, costs of the project, long-range area planning, including all those factors outlined by the City Manager in his presentation of this Resolution to the Council, and has complied with all conditions precedent to the acquisition of the Property by power of eminent domain. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That the City Council adopts and ratifies each of those matters set forth in the foregoing recitals. Section 2. That the City Attorney is hereby authorized and directed to continue to employ appraisers and other expert witnesses for the purpose of providing expert testimony as may be required for the eminent domain proceedings, and to complete the acquisition of the Property by eminent domain utilizing the powers conferred upon the City under its Home Rule and Charter powers utilizing the proceedings and remedies available under Chapters 73 and 74, Florida Statutes. Resolution No. 97-74 Page 4 Section 3. That the City Manager is hereby authorized to deposit in the Court Registry the appropriate City funds which will equal the amount of the good faith estimate of the fair market value of the Property in accordance with the Order of Taking pursuant to the applicable Florida law. Section 4, That the City Attorney and City Manager are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes of this Resolution. Section $, That the Property described in Exhibit 'A" shall be acquired by right of eminent domain and is to be used for the following public purpose: The City of Aventura Government Center, as described in Resolution No. 97-33~ The Project is hereby declared and determined to be necessary for the public good and convenience and all the lands to be acquired under the authority of Resolution 97-33 and this Resolution are necessary for the public uses and purposes set forth herein. Section 6. The Council finds that it is necessary to take title and possession of said Property prior to entry of final judgment in eminent domain in any proceeding herein authorized and the Council desires to utilize the provisions of Florida law to the fullest extent possible in order to accomplish this public purpose of acquiring the necessary parcel of property at a price that is both fair to the property owner and prudent in terms of spending public funds. Section 7. That Resolution No. 97-33 shall remain in full force and effect. Section 8, That this Resolution shall be effective immediately from and after adoption hereof. Resolution No. 97-74 Page 5 The foregoing Resolution was offered by Councilmember Beskin, who moved its adoption. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 21't day of October, 1997. ARTHUR I. SNY[~ER, ~IAYOR A ,~ST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CrT'¥'ATTORNEY CITY OF AVENTURA OFFICE OFTHEClTY MANAGER MEMORANDUM TO: City Council ~ FROM: Eric M. Soroka, Citer DATE: October 22, 1997 Qu Proceedings to Acquire Site for SUBJECT: Resolution Authorizing Taking Government Center, Police Station and Cultural Center October 21, 1997 City Council Meeting Agenda Item 9._9._._ RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing alternative eminent domain, i.e., "quick take" proceedings to acquire Parcel P for the Government Center. INTRODUCTION This memorandum serves as a summary and review to the Council of (1) this Project's purpose and chronology; (2) the documentation and presentations the Council considered in determining the Project's scope and design and (3) the Council's analysis of alternative sites, safety concerns, environmental concerns, costs of the Project, and long-range planning. The following information is submitted for consideration by the Council in approving the Resolution of Necessity for property acquisition associated with the above-referenced Project. The Council has previously determined the necessity of the property for a public purpose. BACKGROUND The purpose of this Project is to provide a Government Center for the City of Aventura. In August of 1996, the City began the process to review potential sites for a Government Center, Police Station, Cultural Center and park. At the August 19, 1996 Council Workshop meeting, four sites were discussed as follows: Location Size · Winn Dixie 5.62 acres · Gampel 4.32 acres · Dumfoundling Bay, Ltd. 3.85 acres · Binnings 8 acres A consensus was reached that the City Manager proceed with negotiations to pumhase the Winn Dixie site for a park and to conduct further research on other potential sites including appraisals. The City eventually purchased the Winn Dixie site for $3,185,000 and closed on the sale in December of 1996. At the September 4, 1996 Council Meeting, the Council authorized the City Manager to proceed with the purchase of the Gampel property. The site was to be utilized for a Government Center facility. In September of 1996, Michael Landa approached the City regarding the 3.4 acre site located at the S.W. corner of East Country Club Drive and Lehman Causeway (Parcel P). At the October 14, 1996 Council Workshop Meeting, an update was provided to the Council that narrowed the property selection for the Government Center as follows: Site Askin,q Price · Gampel $6,400,000 · Parcel P $3,200,000 · Dumfoundling Bay, Ltd. $3,150,000 The City Manager was authorized to pursue the Gampel site and if negotiations failed, offer $2,900,000 for the Parcel P site. The Dumfoundling Bay, Ltd. site was no longer considered for the Government Center but as a backup for the Police Station. On October 17, 1996, Harry Gampel rejected the City's offer to purchase the Gampel site for $3,500,000. The City decided not to pursue this site due to the cost. On October 21, 1996, based on failed negotiations on the Gampel site and the acquisition of the park site, a letter of intent was entered into by the City and the owners for the Parcel P site for $2,900,000 to be utilized as a Government Center. On November 5, 1996, the City Council approved a Resolution authorizing the City Manager to execute the Contract for Purchase and Sale of Real Property for Parcel P subject to final review by the City Attorney. On December 2, 1996, the City Manager was authorized by City Council to issue an RFP to obtain professional services to prepare a "Facility Needs Assessment" for City facilities, including the Government Center, Police Station and Cultural Center to determine square footage and property requirements. 2 At the January 6, 1997 Council Workshop Meeting, the City Manager was directed to further investigate two other sites to be used for government facilities as follows: · Huber Tract · Binnings Subsequently, a disagreement between the property owner and the role of the broker for Parcel P caused the City and property owner to be unable to come to terms on a purchase price. At the March 13, 1997 Council Workshop Meeting, the Council directed the City Manager to review and move forward with condemnation proceedings due to failed negotiations. At the April 10, 1997 Council Workshop Meeting, it was the consensus of the Council to proceed with eminent domain proceedings for acquisition of Parcel P. The property owner indicated that the condemnation would be friendly, amicable, and they would settle shortly. The City made a finding of public purpose and necessity of acquisition of the site which included alternate sites, safety factors, environmental factors, costs and long-range planning. Some of the factors included the following: 1. The anticipated cost of this property was more in line with existing property values than the alternative sites. 2. The location of the site would allow the City to create a City Center concept for its residents and fits the future planning needs of the City for staffing and services. Also, the City Center concept would include utilizing the park site across the street. 3. The site has dual access; Country Club Drive and N.E. 191St Street and a cross access for parking with the Concorde Center. 4. The site can provide overflow parking for the park site. 5. The site is centrally located with safe, easy access to all areas of the City. 6. The property is vacant, has no jurisdictional wetlands and has little environmental issues as compared to other sites. At the May 6, 1997 City Council Meeting, the Council adopted a Resolution declaring the acquisition of Parcel P to be a public purpose and for the filing of eminent domain proceedings. The proceedings were filed utilizing routine eminent domain proceedings 3 in which title and possession of the property would not be acquired by the City until a final judgment was entered by the court. The City Attorney has diligently pursued the litigation and has attempted in good faith to settle the condemnation proceedings. At this time, the Gampel site has been purchased and the Dumbfoundling Bay site is under contract. Therefore, the Parcel P site is the only one available to the City for the use outlined herein. The "Facility Needs Assessment" study concluded that Parcel P could be utilized to accommodate and to construct the Government Center, Police Station and Cultural Facility, and that the entire parcel was required. In order to ensure that the property is acquired in a timely fashion and to avoid protracted litigation with regard to acquiring title, it is recommended that the City pursue a "quick take" condemnation action. The "slow take" process could be more costly and time consuming. In light of the fact that the site is required and necessary to construct the Government Center, Police Station and Cultural Center, the "quick take" method is more appropriate. As a caveat, utilizing this legal process will require the City to acquire the property for the amount ultimately determined by a jury and entered as a final judgment, including the attorneys' fees and costs of the property owner. EMS/aca Attachment CC0393-97 4 ~..~, _ _ ..A _nm:~.en o~ Tfnc~ Ix of fzn'. Mm'Twa ~ .~J~. ~/E' ~.~:~ ~i M $ ~04S' g f~ 91.42 6~ m ~ ~SS THE FOLLOWING DESCRIBED PARCEL: 99 AT~P~B~20. ~ ~-PO~C ~O~ ~ ~E~L~, ~RXDA~ GEX~ ~ ~ ~-~ ~, ~ 56.33 ~: ~ Neb'Sg'27'E ~a 12. Z0 ~; ~ ~ S3e00'32'E, ~ A LZ~ 44 27G~88.'~ ~ ~ ~ ~ X~X~ I~TH ~K ~ LINE ~ ~ "XX'; ~ ~ NOTe3SS46tE~ ~NG I;AZD ~ LXNE ~ ~ f~Z', FOR 44.00 F~ ~ ~K SQUAT ~:R ~ SAID ~ '~, ~AX~S J2.953' ~U~ ~ OF ~D, MO~ OR Resolution No. 97-74 Page 5 The foregoing Resolution was offered by Councilmember Beskin, who moved its adoption. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 21 ~ day of October, 19.97. // ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CI~-~ATTO~,N EY~ ' v~ .._,- Resolution No. 97-74 Page 5 The foregoing Resolution was offered by Councilmember Beskin, who moved its adoption. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 21'~ day of October, 1997. ,/~ ARTHUR I. SNYI~ER, (vIAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CIT~'ATTORNEY