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Home My WebLink AboutReso 2009-1400RESOLUTION NO. 2009-l.Y.tLO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING PUBLIC PURPOSE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A PARCEL OF PROPERTY MORE PARTICULAR DESCRIBED HEREIN (LOCATED AT 215-255 SUNNY ISLES BOULEVARD) FOR THE DEVELOPMENT OF A PUBLIC P ARK AND PUBLIC PARKING FACILITY; AUTHORIZING THE CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has expressed a commitment to develop accessible parks, recreational facilities and complimentary public parking facilities to serve its growing population and to enhance the quality of life of residents; and WHEREAS, on March 20, 2008, the City Commission determined at a workshop that the City must acquire additional land in the southwestern part of the City in order to meet the increased demand for public parks, open space and recreational facilities caused by the explosive growth of residential development in the City; and WHEREAS, the City Commission further determined at the workshop that a public parking facility is needed to accommodate the public parking needs for existing and future recreational facilities located in the southern part of the City; and WHEREAS, the City is required to develop and expand the City's park system and recreational facilities pursuant to the policies and objectives established in the City's Comprehensive Plan, adopted in 2000 and amended thereafter; and WHEREAS, the City is required to develop and expand public parking facilities proximate to regional and community open space and recreational facilities to manage public access to major events and activities in accordance with the policies and objectives of the Comprehensive Plan; and WHEREAS, the City has acquired two parcels on Sunny Isles Boulevard to facilitate the creation of a public park, square and grounds and public parking facility to serve the residents of the City and said parcels are adjacent to the parcel described herein; and WHEREAS, the parcels acquired by the City on Sunny Isles Boulevard lack sufficient size to create a three (3) acre community park with a public parking facility; and Eminent Domain Resolution 215-255 Sunny Isles Blvd. Page 1 of 4 WHEREAS, the City Commission finds that the parcel described herein is the optimal location for expansion and development of the City's park system and public parking facilities and that the acquisition of the subject parcel in fee simple serves a municipal purpose and is necessary for development of the City's park system and public parking facilities in accordance with the City Comprehensive Plan and Open Space Plan; and WHEREAS, the City Commission finds that the development of a public park and public parking facility in the southwestern part of the City is consistent with the Comprehensive Plan and the acquisition of the parcel described herein is necessary for public purpose of providing public park, open space, recreational facilities and public parking to meet the City's existing and future needs, its residents, and visitors. and further providing for enhanced geographic balance in the City's park system and open space. and that the parcel described herein is necessary for that purpose; and WHEREAS, the City will not be able to maintain a level of service for parks and open space in its Comprehensive Plan unless the City acquires the subject property and the fee simple interest is vested in the City; and WHEREAS, the City has caused the property described herein to be surveyed and has located its line or area of construction and intends in good faith to construct park and parking facility on or over the described property in accordance with Section 73.021 (6), Florida Statutes; and WHEREAS, the City Commission. through the public process of meetings and workshops, has carefully considered all factors to the acquisition of the subject parcel and has requested the allocation of certain funding for acquisition of land for parks, open space and public parking facility; and WHEREAS, subject to the limitation set forth in Sections 73.013 and 73.014, Florida Statutes, the City of Sunny Isles Beach is authorized. pursuant to Sections 166.40 I, and 166.411, Florida Statutes, to exercise the right and power of eminent domain for municipal purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. Recitals. The above recitals are true and correct and are incorporated herein by Section 2. Description of Propertv. The City Commission of the City of Sunny Isles Beach hereby authorizes the acquisition of the real property legally described as follows: Lots 5.6, and 6-A of the Second REVISED PLAT OF BELLA VISTA SUBDIVISION. according to the Plat thereof, recorded in the Plat Book 50. at Page 76 of the Public Records of Miami-Dade Countv. Florida " ":mincllt l)()m,lin Rl's())uti()f1 215-255 Sunny Isles BlnJ. I';tgl' 2 o( 4 by gift, purchase, or eminent domain in accordance with Chapter 166, ~ 166.401, et seq., Florida Statutes, the Municipal J-Iome Rule Powers Act. and Chapters 73 and 74, Florida Statutes. The City of Sunny Isles Beach shall acquire fee simple title to said property. Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of Sunny Isle Beach hereby declared that it is necessary to acquire, through eminent domain or negotiated conveyance, fee simple title to the subject parcel, described herein for the development of a public park and public parking facility. The City Commission further declared that acquisition of the subject parcel serves a municipal purpose and is necessary for the expansion of the City's park system and public parking facilities in accordance with the City's Comprehensive Plan. Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings The City Attorney shall first attempt to acquire the subject parcel through negotiations; however, if such negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney and all others acting on his behalf are authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, 166 of Florida Statutes. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney and all others acti ng on their behal f are authorized to contract with real estate appraisers, engineers. title examiners, legal counsel and other expert witnesses and consultants in connection with eminent domain proceedings and to do all things necessary to effectuate this Resolution. Section 6. Severability. If any section, subsection, clause or portion of this Resolution is, of any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed separate, distinct. provision and such holding shall not effect the validity of the remaining portions of this Resolution. Section 7. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this ~day of Pr PR., L ~xI~ N7,all S. Edelcup, Mayor ,2009. ATTEST: ~A~ Jane A; Hines, CMC, City Clerk . . I J':mincIlt 1)()f11;lil1 Rl's()]uticlt1 215-255 Sunny Islcs Bh-d. Pagl' .> of-1 APPROVED AS TO FORM AND 'L S EFlCIENCY: Moved by: {) y Seconded by: r~WlW"U ~~ oxJ<t:.e <;'~LL Vote as Follows: 6-0 Mayor Edelcup Vice Mayor Thaler Commissioned Ooodman Commissioned Srezin Commissioned Scholl v(Y es) ~Yes) V(Yes) ~p'es) ~(Y es) _(No) _(No) (No) (No) _(No) I ':nlinc111 l)4 J1l1aill Resf ,Iut il >l1 ~15-~55 :,unny Isb like!. I':lgl' ~ "i" ~ City of Sunny Isles Beach 18070 Collins ,\ venue Sunny Isles Beach, Florida 33160 Ci()' CommisJiofl Norman S. Edelcup, Mll)'or Lewis J. Thaler, Vi,~ Mt/yor Roslyn Brezin, CfJ/!J1J1io"ifJm:r Gerry Goodman, CommiU/fmer George "Bud" Scholl, C('mmi....irmer (305) 947-0606 City Ilall (305) 949-3113 1 ;ax (305) 947-2150 Building Dcpartmcnt (305) <)-17-5107 I'ax Rick Conner, AdillJ( City MllIIllJ(er Hans Ottinot, City AI/orney Jane A. Hines, (,ily Oerk MEMORANDUM TO: The Honorable City Commission FROM: Rick Conner, Acting City Manager~/ Hans Ottinot, City Attorney ~ DATE: April 16, 2009 RE: Acquisition of Properties at 215-255 Sunny Isles Blvd. and 151 Sunny Isles Blvd. RECOMMENDATION: It is recommended that the City Commission adopt the attached Resolutions establishing public purpose and necessity to acquire properties located at 215-255 Sunny Isles Blvd and 15 I Sunny Isles Blvd. REASONS: Pursuant to Section 166.40 I, Florida Statutes. the City has authority to condemn private property for public parks, squares, and grounds or any other municipal purpose. On March 20, 2008, the City Commission held a workshop to evaluate and discuss the need for open space and recreational facilities in the City and the need for public parking to serve the growing population of the City. At that workshop. Mr. .Jack Lufe the City's Planning Consultant, presented a report demonstrating a need for a public park on the south end of the City to satisfy the increased demand for open space. In his report. Mr. Luft stated that the north side of Sunny Isles Boulevard is the optimal location for a public park and multi-use municipal garage. Indeed, Mr. Luft stated that the parcels on Sunny Isles Boulevard are the only remaining parcels in the City in which the City can build a multi-dimensional park for the use by residents and visitors. Additionally, Mr. Luffs report indicated a need for a public parking garage to serve the new park and nearby recreational uses like the Historical Newport Fishing Pier. which the City is currently spending at least 4 Million Dollars to rebuild. The need for a public parking garage for new and established recreational uses was supported by a public parking analysis prepared by the City's parking consultant. Since the workshop in March of 2008. the City has taken steps to implement the open space plan and public parking garage analysis prepared by Mr. Luft and the parking consultant. The City has acquired two parcels on the north side of Sunny Isles Boulevard in furtherance of the plans. These two parcels have a total of 40,000.00 sq. feet. However, these parcels lack sufficient size to 3~ LJ-fC.-Ocr Agenda Item f)::It f' create a public park with a public parking garage. In order to create the park and parking garage outlined in the reports, the City must acquire the parcels located at 21-255 and 151 Sunny Isles Boulevard. These parcels are located east of the parcels owned by the City. One of the parcels is in fact adjacent to one of the parcel owned by the City. In addition to purchasing lots on Sunny Isles Boulevard, the City has taken some other steps to create more open space on Sunny Isles Boulevard. For example, the City has created a park like setting in the retention areas leased to the City by Florida Department of Transportation. One of the retention areas is located adjacent to 151 Sunny Isles Boulevard. ADDITONAL INFORMATION Staff and the consultants have considered alternate sites, costs, plans environmental and safety issues in selecting the properties on Sunny Isles Boulevard. The acquisition of the aforementioned parcels is consistent with the City's Comprehensive Plan adopted in 2000 and amended thereafter. / Attachment City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner Rick Conner, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk April 20, 2009 Lynn M. Dannheisser, LLC City Attorney Town of Surfside 9293 Harding Avenue Surfside, FL 33154-3009 Re: Resolutions Establishing Public Purpose and Necessity to Acquire Properties Located at 215-255 Sunny Isles Boulevard and 151 Sunny Isles Boulevard. Dear Ms. Dannheisser: At the Special City Commission Meeting held on April 16, 2009, the City Commission adopted the above-noted Resolutions. Enclosed is an executed copy of Resolution No. 2009- 1400 and No. 2009-1401 establishing public purpose and necessity to acquire properties located at 215-255 Sunny Isles Boulevard and 151 Sunny Isles Boulevard respectively. Also attached are the staff report and all backup materials. Please let me know if you require any additional information. Very truly yours, ~A~ Jane A. Hines, CMC City Clerk Enclosures cc: Rick Conner, Acting City Manager Hans Ottinot, City Attorney Dannheisser Lynn Forward Reso 2009-1400 And 2009-1401