Loading...
01-15-02 SpMtgJANUARY 15, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the City Commission Chambers, Tuesday, January 15, 2002, at 6:00 p.m. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following items: RESOLUTION NO. 1-02: Consider approval of Resolution No. 1-02 authorizing the City to purchase property on the east side of Coral Trace Boulevard (formerly known as the Tare property) and Contract for Sale and Purchase between the City and Continental Homes of Florida, Inc., in the amount of $6,390,000, said property consists of approximately 19.653 acres of land. David T. Harden, City Manager introduced the item and explained that before the Commission is Resolution No. 1-02 and a contract with Continental Homes of Florida, Inc., for purchase of the Tare Property which consists of approximately 20 acres. The contract actually locks in the price of the property at $6,390,000 while negotiations continue with the School Board for the possible relocation of Atlantic High School. In relation to this, he advised the Commission and public there are two (2) Public Hearings scheduled on the possible relocation of Atlantic High School; the first is scheduled for 7:00 p.m. on Wednesday, January 30, 2002 at Old School Square and the second at 7:00 p.m. on Monday, February 11, 2002 at Atlantic High School. Susan A. Ruby, City Attorney informed the Commission that the contract before them tonight consists of the purchase of approximately 20 acres in the amount of $6,390,000. A deposit in the amount $200,000 is required which will be held in trust while the City does its "due diligence". During the period of 45-days, the City will conduct feasibility studies and has the right to terminate the contract for any reason. If during that period the City decides not to go through with the purchase we will receive a full refund of our deposit. There already has been infrastructure work done on this land, which has some value, and so at this point staff recommends that Commission approve Resolution No. 1-02 and the contract thereby allowing staff the 45 days to complete its "due diligence" and decide on the feasibility of purchasing this property. Mr. Perlman made a motion to approve Resolution No. 1-02 and the Contract for Sale and Purchase between the City and Continental Homes of Florida, Inc. in the amount of $6,390,000, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote Prior to the roll call, the following discussion ensued, Commissioner McCarthy advised that she filed a Conflict of Interest Form with the City Clerk since she has a possible conflict of interest, therefore, she would not be voting or commenting in this issue. Commissioner Perlman, requested clarification for the public on the price of the property. Mrs. Ruby commented, a few months ago the appraiser estimated the purchase price of the land added to that figure was approximately a little over a million dollars for infrastructure improvements already made to the property by the current owners. Then after the appraiser talked to experts in the construction field and in anticipation as to what improvements would be made to the property over the next 4 months, evaluated the purchase price for the property. Four months was used since if we decided to go ahead and acquire the property under eminent domain proceedings it would likely take 4 months or more. There is a value for each month that goes by which is approximately $384,000 in development costs, adding all that up comes to $6,089,000 with only a 4-month window, therefore staff felt that the purchase price of $6,390,000 seems reasonable. Commissioner Perlman further questioned whether 45 days would be enough time to work with the School Board for reimbursement. Mrs. Ruby responded that negotiations are on going with the School Board and there is a draft agreement in the works and hopefully will be agreed upon during this time, however, this is the best offer staff could negotiate with the seller. RESOLUTION NO. 9-02: Consider Resolution No. 9-02 in support of an apportionment plan, which will be in the best interest of the Palm Beach County residents. Mr. Levinson made a motion to approve Resolution No. 9-02, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. WAIVER REQUEST/2nd ANNUAL SOUTH FLORIDA RAINBOW TENNIS CLASSIC: Consider a request to waive the proposed $2,500 site fee for the 2'~d Annual South Florida Rainbow Tennis Classic to be held at the Tennis Center on February 15 through February 17, 2002. Mr. Perlman made a motion to approve the waiver request for the 2~d Annual South Florida Rainbow Tennis Classic proposed $2,500 site fee, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 4. NOISE COMPATIBILITY ADVISORY COMMITTEE APPOINTMENT: Appoint a member to the Noise Compatibility Advisory Committee (NCAC) at the request of the Boca Raton Airport Authority. Mr. Perlman made a motion to appoint a member to the Noise Compatibility Advisory -2- Committee Appoinmaent (NCAC), at the February 5, 2002 Commission Meeting, by taking applications through the Clerk's office, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote Commissioner Archer voiced concerns that the Legislators perceive membership on the NCAC would have an impact on our option to pursue a seat on the Boca Raton Airport Authority. Mayor indicated that he does not Feel it will hinder our desire for a seat on the Boca Raton Airport Authority. There being no further business, Mayor Schmidt declared the Special Meeting adjourned at 6:15 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting in the First Floor Conference Room. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, January 15, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. Committee Appointment (NCAC), at the February 5, 2002 Commission Meeting, by taking apphcauons through the Clerk's office, seconded by Mrs. Archer. Upon roll call, the Commtssion voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote Commissioner Archer voiced concerns that the Legislators perceive membership on the NCAC would have an impact on our option to pursue a seat on the Boca Raton Airport Authority. Mayor indicated that he does not feel it will hinder our desire for a seat on the Boca Raton Airport Authority. There being no further business, Mayor Schmidt declared the Special Meeting adjourned at 6:15 p.m., at which nme the Commission convened to the regularly scheduled Workshop Meeting in the First Floor Conference Room. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided hereto is the Minutes of the Special Meeting of the City Commission held on Tuesday, January 15, 2002, which Minutes were formally approved and adopted by the C~ty Commission on~.~ o~, ,aqOO~ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, whach may involve amendments, additions or deletions to the Minutes as set forth above. 3