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HomeMy WebLinkAbout2201 - MINUTES - CRA MINUTES OF REGULAR MEETING CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 27, 2005 - 6:00 P.M. 1. Call to Order Chairman Castro called the meeting to order at 6:06 p.m. 2. Roll Call Present: Chairman: Anne Castro Vice-Chairman: Patricia Flury Board Members: Robert Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson 3. Approval of Minutes of Regular Meeting of August 4, 2005 Vice-Chairman Flury motioned to approve the August 4, 2005 Minutes; seconded by Mr. Anton. The motion carried on the following 5-0 Roll Call vote: Mr. Anton Yes Vice-Chairman Flury Yes Mr. Bertino Yes Chairman Castro Yes Mr. McElyea Yes 4. Update from CRA Consultant Attorney Michael Moskowitz advised we received 13 responses to our Letter of Interest for a CRA Consultant to review the development regulations and determine what changes needed to be made. He noted today we need to discuss what actions the CRA Board wants to take to review the responses. Normally a committee comprised of staff and one member of the CRA Board, reviews the responses and prepares a short list of three; then, a short presentation would be made to the CRA Board at their next meeting. Chairman Castro clarified that no funds were.budgeted for this and we originally estimated a cost of$150,000. She asked if the Board wanted to handle the issues themselves, or if they wanted to hire a Consultant. • Attorney Moskowitz advised the Consultant would do an overview of all development regulations and ordinances, modifications, and proposed changes or additions should be made to encourage redevelopment of the CRA area. He remarked the City's current regulations are insufficient to accomplish the CRA objectives. Mr. Bertino remarked the uniqueness of Dania Beach needs special care and handling. He would like to go through every single item with the Consultant and give interested people in the community input in the process. Vice-Chairman Flury thinks the next step is to engage a good firm by appointing a committee to short list the firms and make a presentation to the Board. She assumed the Community Development Director and the Consultants would be on the Committee. Attorney Moskowitz suggested a member of the CRA Board be on the committee. Mr. Bertino volunteered for the Committee because of his real estate background. Laurence Leeds, Director of Community Development, advised the City Planner, Corinne Church, had begun to look at the applicants. The Committee would select the top three firms and meet with them prior to bringing them to the Board for final selection. Mr. Anton motioned to appoint Larry Leeds, Corinne Church and John Bertino as members of the Committee, and that Attorneys Moskowitz and Salim would serve in an advisory capacity; seconded by Vice-Chairman Flury. Vice-Chairman Flury wants a reasonable time limit. Attorney Moskowitz indicated the goal should be thirty days to short-list the applicants, followed by another thirty days for the presentation to the CRA Board. The motion carried on the following 5-0 Roll Call vote: Mr. Anton Yes Vice-Chairman Flury Yes Mr. Bertino Yes Chairman Castro Yes Mr. McElyea Yes Attorney Moskowitz handed out minutes of the September 14, 2005 House Select Committee Meeting on private property rights to the Board for their review. Attorney Salim advised letters were sent to the parcel owners and most are not interested in a quick sale; some property owners have their own redevelopment plans. He stated if this Board is intent on proceeding with eminent domain action, we need to lay the groundwork. He recommended drafting a Resolution for consideration at the next Board meeting that would authorize the potential taking of the six parcels. This would allow him to send the thirty day statutory pre-requisite notice to each property owner and comply with State Statutes, and provide them a copy of the appraisal. He indicated the City could back-off, or renegotiate any potential Minutes of Regular Meeting 2 City of Dania Beach Community Redevelopment Agency Tuesday, September 27,2005—6:00 p.m. deal with each property owner; but any negotiated deal would need to be paid. His • understanding is that County funds are limited to the appraised value of the property. If nobody voluntarily sells, or we are not able to negotiate any deal, then a decision needs to be made to file a lawsuit. After the letter is sent he must wait 31 days to file the lawsuit. Once the lawsuit is filed, we could do a quick take and issue an order to show cause and get a hearing set in no less than twenty one days; a deposit of the appraised value of each parcel would be made in the Court Registry; and then we would litigate any questions of fair market value. He needs specific direction from the Board on how they want to proceed. His advice is to consider the Resolution for the next meeting. Mr. Bertino commented the appraisals are below what the property owners think their properties are worth. Mr. Salim advised if the City does a quick take, it would own title to the property the minute the money is given to the Registry of the Court. Then we would litigate as to the additional amount they contend they are owed for the fair market value. Mr. Anton asked if we enter into an eminent domain proceeding and the judgment supersedes the amount of monies deposited, would the County be a partner with us and provide the additional funding. Attorney Moskowitz responded the answers have not been forthcoming from Broward County because the change in administration has caused some uncertainty. He will meet with the Acting County Administrator in an effort to discuss this issue and move forward. Vice-Chairman Flury doesn't want to do anything until we get written approval from the County. City Manager Pato indicated the approval of the application for the purchase of the property would be submitted to the County Commission in October for review. It is important to show the County that we are on the fast track and have taken action. This is new for the County also, so they are open to discussing options. He suggested moving forward with the Resolution and we would continue to work on the other items. He remarked we have a lot of work to do and we need direction from the Board. 5. Dania Beach Hotel Property Chairman Castro advised that Bonnie Miskel, Attorney for the Dania Beach Hotel, would make a brief presentation. Bonnie Miskel, representing the owners and developers of the Dania Beach Hotel site, advised her client rejected selling the property for$3.5 Million because they believe the property is worth more. They think they can help the City achieve its goals without having to spend money. She handed out information to the Board and commented that she started this process two years ago and believes they are now in a better position to deliver what they suggested two years ago. The original owners have partnered with Hayun Group and First Enterprise and are close to being Minutes of Regular Meeting 3 City of Dania Beach Community Redevelopment Agency Tuesday, September 27, 2005—6:00 p.m. • ready to make a presentation to the Commission. The development would consist of 150 residential condominiums, and 9,000 square feet of retail/commercial space, primarily a restaurant. She stated they are prepared to commit a guarantee that if they do not build within a reasonable period of time, the City can keep the $150,000 commitment, and they are willing to work with a Developers' Agreement. Mr. Bertino remarked the concept is to get the area developed and voluntary development seems the best of all worlds. He suggested the developer may wish to purchase the other properties. Chairman Castro asked if we could do a Site Plan approval specific to an individual. City Attorney Ansbro responded the Court would allow us to impose a Site Plan Condition that would expire if the property were sold to another person. Chairman Castro passed the gavel to Vice-Chairman Flury and motioned to authorize the City Manager to continue working with the developers of the Dania Beach Hotel and bring a Memorandum of Understanding to the Board within 45 days, and for the Attorney to draft the Resolution for the taking of the properties; seconded by Mr. Bertino. The motion carried on the following 5-0 Roll Call vote: Mr. Anton Yes Vice-Chairman Flury Yes Mr. Bertino Yes Chairman Castro Yes Mr. McElyea Yes • Mr. Bertino suggested not scheduling CRA Board meetings prior to Commission meetings. 6. Discussion of the Letters of Interest (CRA Zoning/Design Regulations) 7. CRA ZoningIssues 8. Adjournment Chairman Castro adjourned the meeting at 7:00 p.m. COMMUNITY REDEVELOPMENT AGENCY ATTEST: ANNE CASTRO CHAIRMAN - CRA LOUISE STILSON CITY CLERK • Approved: November 15, 2005 Minutes of Regular Meeting 4 City of Dania Beach Community Redevelopment Agency Tuesday, September 27,2005—6:00 p.m.