Loading...
Res 54-92 RESOLUTION NO. 54-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY PURCHASE; PROVIDING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION OR REDEVELOPMENT, OR COMBINATION THEREOF, OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 46-85, adopted by the City of Delray Beach, Florida, the City Com~ission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and, WHEREAS, pursuant to Section 163.355, Florida Statutes, the City of Delray Beach, Florida, finds that the properties described herein constitute bliqhted areas and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety and welfare of the residents of the City of Delray Beach, Florida; and, WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the Community Redevelopment Area; and, WHEREAS, pursuant to Section 163.370(3) (a), Florida Statutes, prior to the approval of a community development plan or modification thereto, the Community Redevelopment Agency may acquire real property with the approval of the governing body; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitations set forth in the "WHEREAS" paragraphs above are incorporated by reference herein as findings of fact upon which this resolution is based. Section 2. The Delray Beach Community Redevelopment Agency is hereby authorized to acquire by purchase that certain property located at 22 Railroad Avenue, Delray Beach, Florida, and being more specifically and legally described as: The South 144 feet of Lot 1, Lot 2 (LESS the North 1.8 feet of Lot 2), Lots 3, 4, 5, 6 and 7 and the South 144 feet of the 16 foot abandoned alley lying East of and adjacent to Lot 7 and lying East of and adjacent to the South 69.30 feet of Lot 6, Block 84, according to the Plat of the TOWN of "LINTON", now the TOWN OF "DELHAY", as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. Section 3. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in special session on this the 15th day of May, 1992. ATTEST: CitY ~ l~e r k ' - 2 - Res. No. 54-92 MAY 15, 1992 A Special Meeting of the City Commission of the City of ~elray Beach, Florida, was called to order by Vice-Mayor Jay Alperin in the City Manager's Conference Room at City Hall at 3:05 P.M., Friday, May 15, 1992. Roll call showed: Present - Vice-Mayor Jay Alperin Commissioner William Andrews Commissioner David Randolph Absent - Commissioner Armand Mouw Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz vice-Mayor Alperin called the meeting to order and announced that this meeting has been called for the purpose of considering the following: 2. Approval of Change Order No. 1. The Commission is to consider Change Order No. 1 to the contract with Elkins Constructors, Inc. in the amount of $92,316.77 to rebuild three (3) variable speed EIMCO drives for the clarifier tanks at the Water Treatment Plant, sandblast and paint the inside of the tank walls and miscellaneous maintenance welding of steel catwalks on top of the clarifier tank with funding from 1991 Water and Sewer Revenue Bond - Lime Softening Conversion (Account No. 447-5164-536-60.31). Mr. Randolph moved for approval of Change Order No. 1, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 3 to 0 vote. At this point the meeting became a Joint Session with the Delray Beach Conmmunity Re~mvelopment Agency. Roll call shoWed: City Commission Present: Vice-Mayor Jay Alperin Commissioner William Andrews Commission David Randolph Absent: Commissioner Armand Mouw Mayor Thomas E. Lynch Also present were - City Manager, David T. Harden and City Attorney Jeffrey S. Kurtz Del~ay Beach Community Redevelopment Agency Present: Kevin Egan, Chairman Wanda Gadson Kathi Sumrall Ed Zuraw Absent: Matt Gracey, Jr. Leonard Mitchell Clay Wideman Also present were - Chris Brown, Executive Director and Robert Federspiel, Attorney Vice-Mayor Alperin stated this meeting has been called for the purpose of considering the following: 1. Purchase of Ocean City LUmber Property. Mr. Andrews stated the main purpose is to attract the public to shop on N.W. 2nd Avenue, as well as on Atlantic Avenue. He feels if there is no appropriate fronting of businesses at Atlantic and 2nd Avenues, people will not be enticed to continue to move forward in that area. He feels the Ocean City Lumber property is a critical site. The Pineapple Grove seed money that was originally sold to the public in the Bond Issue was to help this particular area and not to be used for infrastructure. Upon question by Vice-Mayor Alperin regarding the use of the Pineapple Grove money, the City Attorney stated the City could either grant or loan the CRA the money for this express purpose or some other purpose that this encompasses. Mr. Andrews commented that it would be a non-interest loan because this Bond Issue was approved by the taxpayers and they are paying the interest. Upon question by Mr. Randolph regard- ing the amount of the loan, Mr. Andrews stated he feels it should be no more than the appraised value. Chris Brown, Executive Director of CRA, stated there could be a tremendous parking problem, depending on what a developer would propose for the site, as a parking problem already exists at Old School Square. Upon reselling the property, the CRA would then take the $500,000 and immediately put it into Pierce Tire Company. Vice-Mayor Alperin stated he would like the City to have enough control to ensure that the money stays in the Pineapple Grove area. The City Attorney advised that can be done in one of two ways; 1) the money can be specifically allocated for a loan for this project until such time as a sale is made on the land. If funds are to be returned to the CRA, it will be necessary for them to repay the loan at that time; or, 2) the Commission can give the CRA a further grant of authority now, requiring that the monies be used for redevelopment purposes within the Pineapple Grove area. Once it is jointly determined by the CRA and the Commission that the Pineapple Grove area is to be redeveloped, the City would expect a return of their loan. -2- 5/15/92 Robert Federspiel, Attorney for the CRA, questioned if the loan could be like a restricted grant, stating the CRA shall reinvest any proceeds received from the sale of that property in the Pineapple Grove area and only trace it one time. He expressed concern with regard to continually tracing the money for an indeterminate period. The City Attorney stated he feels the question is whether or not the City Commission wants to have control or input beyond this first purchase. Upon question if each parcel purchase would need to be approved by the Commission, the City Attorney advised that would not necessarily be a must. The CRA can put the parcels into their plan and not immediately acquire them, so there is no guarantee that the monies will not get invested someplace other than Pineapple Grove. The CRA currently has other ongoing projects that this funding could be used for. This is a potential the Commission should be aware of and make a decision on. Discussion followed. David Kovacs, Planning Director, requested, for the record, that the term Old School Square Area money be used, as opposed to Pineapple Grove, because that is the way it is described in the Decade of Excellence Bond Issue. Chris Brown stated, basically, the CRA would like the entire $500,000, with a $400,000 cap for purchase of the easterly Ocean City property and the remainder for the quonset hut across the street on the west side of 2nd Avenue, which is appraised at $92,000. Mr. Federspiel advised that the CRA will place a bid of $10,000 on the contents, using CRA funds, which will be used for future rehab housing material or be donated to Habitat for Humanity, if necessary. Discussion followed regarding bidders, the bidding process and at what point it should be halted. The City Attorney advised that Resolution No. 54-92 should be voted on prior to making a motion concerning the grant. The City Manager presented Resolution No. 54-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY PURCHASE; PROVID- ING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION, OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 54-92 is on file in the official Resolution Book) -3- 5/15/92 Mr.~ Andrews moved for the adoption of Resolution No. 54-92, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 3 to 0 vote. Mr. Andrews moved to grant the CRA up to $500,000 of the Decade of Excellence Bond money, earmarked for the Old School Square Redevelop- ment area, for actual purchase and closing costs of the properties defined in Resolution Nos. 54-92 and 51-92; and, authorizing the CRA to dispose of those properties, if acquired, in a manner they see fit, in accordance with their CRA plan and the City's Comprehensive Plan; and, at the time of disposal, if there are funds remaining, those funds will be returned to the City for further use in the Old School Square/Pine- apple Grove area, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 0 vote. Kathi Sumrall moved to adopt Resolution No. 92-6, a CRA Resolu- tion, for the acquisition of the same property located at 22 Railroad Avenue by authorizing a bid at the RTC auction in an amount for the Real property of up to $400,000 and for the inventory of up to $10,000, seconded by Wanda Gadson. The motion passed with a vote of 4 to 0. The City Attorney recommended that, before the meeting is adjourned, the Commission authorize him to work with the CRA attorney, Robert Federspiel, to develop a writing that reflects the grant that was just authorized. Mr. Randolph moved to authorize the City Attorney to work with the CRA attorney, as recommended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Randolph - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor Alperin declared the meeting adjourned at 3:55 P.M. ATTEST: The Undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting -4- 5/15/92 of said City Commission of May 15, 1992, which minutes were formally approved and adopted by the City Commission on '~£~0,, , ~ City~ C~erk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -5- 5/15/92 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: /~-~A~ID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING DATE: MAY 15, 1992 SUBJECT: CITY COMMISSION SPECIAL MEETING OF MAY 15~ 1992 RE: POSSIBLE PURCHASE OF OCEAN CITY LUMBER SITE The following is provided in response to your inquiry of yesterday afternoon. 1. I suggest that you seek the services of Bob Feiderspeil for the City Commission meeting as he is well versed in the procedures for bidding at this specific auction. He has prepared for the C.R.A. bid. 2. There is a known appraised value. That information can be obtained from Chris Brown, Director of the C.R.A. 3. It is necessary to have a check on-hand for the amount of the bid. It may be necessary to have appropriate staff members at the auction to execute a check or to provide authorization for the use of personal funds with reimbursement. 4. While there is a period in which the bid can be made void, there is a penalty of loss of 10% of the bid. 5. No matter who obtains the property, its future development is subject to zoning regulations. The previous use was non-conforming and has lost its "grandfathered" status. Permitted uses in the C.B.D. zone district may be established without requirements for parking or site beautification. However, any exterior and site improvement which does occur will required SPRAB review and approval. 6. Use of the Decade of Excellence allocation of $500,000 is guided by text within Part IV of the Comprehensive Plan (page IV-9) which was amended in October, 1991, to be consistent with the bond language. The text reads as follows: Redevelopment "Seed Money" $ 500,000 City Commission Documentation Special Meeting of May 15, 1992 Possible Purchase of Ocean City Lumber Site Page 2 This item provides funding for the acquisition and construction of various neighborhood improvement projects in the Old School Square area of the City, including but not limited to the acquisition of certain properties and existing structures and all costs incidental thereto. Remaining monies will be used to redevelop the Pineapple Grove district. A Policy within the Land Use Element provides the following: Policy C-4.8 A Neighborhood Plan shall be prepared for the "Pineapple Grove" area in FY 90/91. The neighborhood plan shall be prepared under the auspices of the City's Development Services Group. An amount of approximately $500,000 which is designated as "redevelopment seed money" in the 1989 G.O. Bond program shall be used for redevelopment purposes in the Pineapple Grove area with the specific use determined through the neighborhood planning process. Given the two above cited references, use of the Decade of Excellence funds for acquisition would not be inconsistent with the Comprehensive Plan. I note that the Pineapple Grove Neighborhood Plan has been prepared in draft form ~and would accommodate the use which is under consideration. 7. Since the previously stated purpose of City acquisition is, in-part, to assure that the site is (re)developed in a timely manner, it may be prudent to condition any bid authorization with a limit such as at the appraised value or at 75% (or some other percentage) of appraised value. This suggestion is based on the premise that a bidder who approaches or exceeds appraised value would not acquire the property only for appreciation purposes. DJK/T:SPECCC.DOC WEEKLY STATUS REPORT May 22, 1992 1. OCEAN CITY LUMBER PROPERTY - The CRA closed on the acquisition of the Ocean City Lumber lot at 70 N.E. 2nd Avenue on Thursday. They advanced the funds for the closing pending receipt from the City of the amount authorized out of the Decade of Excellence bond. 2. QUARTERLY ACCIDENT REPORT - The accident report for the period January 1 through March 31, 1992 shows that the City is well on the way to meeting the 5% reduction in accidents as set forth in the Safety Officer's Goals and Objectives for 1992. The compilation for April reveals a reduction in accident rates, and it should also be noted that there were no vehicular accidents during the month of April. These statistics reflect the positive effects of the safety program and the departments willingness to comply with safety directives. 3. ELKS CLUB FLORIDA STATE ASSOCIATION CONVENTION - Sunny South Elk Lodqe 671 will be kicking off their State Convention with a parade on Saturday, May 23, 1992. The parade will begin at 10:00 a.m. from City Hall and proceed west on Atlantic to 10th Avenue, south to 1st Street, and then north to 9th Avenue where the parade will end.