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Minutes 12-11-01MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING H ELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 11,2001 AT 6:30 P.M. Present Larry Finkelstein, Chairman Quintus Green, Director of Jeanne Heavilin, Vice Chair Development/CRA Jos6 Aguila Lindsey Payne, Board Attorney Alexander DeMarco Don Fenton Henderson Tillman Absent Michelle Hoyland I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and a quorum was declared present. III. Agenda Approval: A. Additions, Deletions, Corrections None B. Motion Adoption Mr. DeMarco moved to approve the agenda. The motion was seconded by Mr. Aguila and unanimously carried. IV. Approval of Minutes Workshop - November 7, 2001 Regular Meeting - November 13, 2001 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, FL December 11,2001 Motion Vice Chair Heavilin moved to approve the minutes. Aguila and unanimously carried. A. Financial Motion seconded by Mr. 1. November 2001 Financial Statement Members wero referred to the Balance Sheet in their packets. Legal fees were $1,725.00. The $42.00 for business meetings was attributable to the CRA/Commission Workshop. $326.00 was for advertising the Workshop for the Federal Highway Corridor. The account balance is $3,989,626.00. Staff billing for time spent on the CRA for November totaled $4,631.02. Mr. Aguila inquired to what reseamh was attributable. Mr. Greene stated this was for work done on Phase I of the Ocean District project. The report is complete and will be available at the January Board meeting. Chairman Finkelstein inquired about the $200 that had been under caroer development on last month's statement. Mr. Greene responded that this had been incorrectly categorized and is attributable to a CRA membersh ~p. 2. Property Acquisition - The Urban Group (Jim Nardi) Mr. Greene distributed a Proposed Scope of Work, Acquisition/Property Management Services that was prepared by Mr. Jim Nardi, Vice President of The Urban Group. The Urban Group has been retained by the City to act as the real estate administrator on behalf of the City and will be available to the CRA in the acquisition and management of CRA properties, as well. Mr. Greene and Mr. Nardi had previously discussed some of the properties in the coro area that the Board had expressed an interest in purchasing. Appraisals are now being done on those pro. perties. The houdy rates for the job classifications have also been furnished. Mr. Jim Nardi, Vice President of The Urban Group gave a brief background on his company and stated that they were eager to assist the City and the CRA in any way possible. They mainly focus on acquisition and a groat deal of their work is done on behalf of the FDOT. Staff is very adept in the eminent domain process and a majority of staff deals in acquisition/relocation services. Property management is a separate division. Meeting Minutes ~ Community Redevelopment Agency Boynton 'Beach, FL December 11, 2001 Chairman Finkelstein inquired if the amount of the contract was for a yearly sum or on an hourly basis. Mr. Nardi responded that each contract has a maximum dollar value. However, each assignment may require its own rate, but would come under the maximum of the contract. Chairman Finkelstein requested that Mr. Nardi give a definition of scope of work. Mr. Nardi responded that once the scope of work has been identified, they prepare a pdce proposal and present it to the City. The task for the CRA is their third proposal with the City. Staff determines the number of hours that the individuals involved in the scope of work would perform and then come up with a total dollar amount. The total dollar amount that Urban Group would bring back to the Board would be a "not to exceed" amount and the amount actually spent would be determined through the billed time. If therewas an occasion where the task exceeded the total dollar amount, this could always be worked out between the parties. Mr. Howard Steinholz, President of the Urban Group, responded that a supplement to the contract would be prepared in that case. Ms. Aguila had concerns about unforeseen events that could arise during a property acquisition. Mr. Steinholz responded that they have done these tasks for many, many years and are familiar with all areas involved in these tasks. There is always the possibility of something extraneous happening, but there are ways to work these things out. Mr. Greene pointed out that they are looking for a "not to exceed" number that would cover all the properties that have been identified. They include a reporting mechanism in all their price,proposals to whomever the Board would designate to receive the reports. In this case it would be Mr. Greene. Mr. Greene pointed out that the proposed scope of work would include the 19 lots with 5 owners that has already been identified. However, because of the addition of the new piece of property, the Board would nave to agree to move forward to include this new piece of property, as well. Mr. Greene recommended that the Board move forward. Chairman Finkelstein inquired if The Urban Group would be coming back to this Board with a price for the proposed scope of work outlined in their November 19, 2001 proposal. Mr. Nardi stated they would be coming back for approval. There was a consensus amongthe members to move forward. B, Project Updates Mr. Greene reported on the following: 3 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, FL December 11, 2001 1. Federal Highway The CRA approved the rezoning of the Federal Highway Corridor between Woolbright Ro. ad and the C-16 Canal and forwarded its recommendation to the City CommissiOn. There were some objections received by the Commission from local memhents, and the Commission postponed the item until the December 18 meeting. Staff has come up with two options for the Commission's consideration. The first option would be to allow the proposed mixed-use zoning districts to be included in the Zoning Ordinance but would notbe applied on the ground. This would result in no immediate change in the current zoning along the Federal Highway Corridor. Application of the new zoning districts and the accompanying Land Use Amendment would 0nly occur upon the request of a specific property owner. The second option would be to apply the new mixed-use zoning only to the existing C-4 zoned areas. 2. Heart ofBoynton (MLK) The City Commission on November 20 approved the Heart of Boynton Plan~ The Comprehensive Plan Amendment will now be sent to DCA. The City will be concluding negotiations with the County to transfer the public housing in the Cherry Hill area to the City. 3. Ocean District The first phase of the analysis is complete and the report will be presented at the next CRA meeting. 4. Marina/Promenade/Riverwalk At the January 15, 2002 Commission Meeting, the revisions to the Development Agreement will be presented. The Commission at that time will consider the potential transfer of funds to the CRA for promenade construction. The developer of the marina has made a commitment to contribute the funding up-front for the preliminary design of the promenade. With regard to the to the Riverwalk/Promenade property acquisition, this will be handled by a third party that is being coordinated through the City Manager's Office. 4 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, FL December 11, 2001 5. Way-Finding Signage Program The Public Works Department is in the process of securing a formal proposal from the City of Hollywood to designa way-finding signage program. C. Future Agenda Items The Dakota Lofts project has been postponed until the January 8, 2002 meeting. D. Commission Action The Commission approved an Ordinance on first reading to allow the CRA to hire its own staff. The second reading is scheduled for December 18th. As soon as the item is approved, the ad for the Executive Director position will be forwarded to Human Resources the next day for publication. Mr. Aguila inquired who would be short-listing the applicants and developing the interview process. He would like this Board to be actively involved. Mr. Greene recommended that the Board select a committee of not more than three to be the interview panel for all candidates. Mr. Greene would coordinate the applications that are received with the Human Resoumes Department and set up the interviews. Human Resoumes will be screening the applicants that do not meet the basic qualifications. Mr. Greene pointed out that the interviews would be open to the public. Referring again to the Federal Highway Corridor Plan, Mr. Aguila asked what effect the two options would have u pon the project. Mr. Greene explained if the Commission selects Option A, there will be a mixed-use and mixed-use Iow zoning district in the City's Land Development Code, but it would not be on the ground. This district COuld only be applied in an area where there is a mixed-use, land-use designation. Currently, this only exists in the CBD. In order to be consistent between zoning and land use, the City will be withdrawing its request from DCA for expansion of the mixed~use land use. Therefore, all the people who objected 'to the mixed-use wilt not be having their property rezoned. Only people who request rezoning would have their property rezoned. Option B, consists of Option A, plus putting it on the ground in C-4. C-4 zoning is the most intense commercial category that exists along Federal Highway. If the City Commission wanted to address the real problem areas, that would be Option B. Mr. Greene anticipates that there will be some objections to Option B since there are businesses that do want to see their zoning change. Staff has provided the Commission with these options while preserving the mixed-use category in the Ordinance. Staff further feels that there are developers that would like to move forward with mixed-use development. 5 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, FL December 11, 2001 Vice Chair Heavilin pointed out that this would change the Plan and alter what the Board was trying to do with the Federal Highway Corridor. Mr. Greene stated that this would have an immense impact upon the Plan, and would dilute the Plan considerably. :'However, the original option could still be considered as presented. Chairman Finkelstein inquire(l if the absentee policy had been approved and was informed that it was. Mr. DeMarco noted that when the developer of the Marina was present at the October meeting, they promised to furnish the Board with a timetable for their projects. Mr, DeMarco inquired if staff ever received a timetable. Mr. Greene responded that the amendment to the Development Agreement would contain much of this information. Mr. Greene pointed out that the Development Agreement contains a great deal of time constraints and the incentives are conditioned upon meeting certain deadlines. Having so many time constraints can impact a developer's opportunity to obtain a loan. Normally, obtaining a loan would be the incentive to comPlete the project, Chairman FinkelStein suggested that Mr. DeMarco attend the Commission meeting to leam about the revisions and changes to the Development Agreement. Chairman Finkelstein asked what the 'cost of staff time would be for the Ocean District Plan. Mr. Greenewill provide this information. Chairman Finkelstein would like assurances that the CRA would be involved in the Promenade Project. Mr. Tillman requested that Mr. Greene obtain a timeline in writing from the developer, which Mr. Greene agreed to do. Vice Chair Heavilin asked if there would be a presentation to the Board for the way-finding project. Mr, Greene responded that there would be after all the paperwork has been completed. Chairman Finkelstein would like this added to the January workshop agenda as a discussion item. VI. Unfinished Business - None VII. Public Hearings: Site Plan: A. Project Name: Agent: Owner: Location: DAKOTA LOFTS H.P. Tompkins Chan's Enterpnses 3010 S. Federal Highway 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2001 Description: Request for site plan approval to construct 19 multi-family town homes on two (2) acres. Staff recommends tabling until January 8, 2002 for CRA review, ahd dntil January 15, 2002 for Commission review. Motion Mr. Tillman moved to table. Motion seconded by Mr. Aguila and unanimously carried. VIII. New Business A. Discussion of agenda and date for proposed January 2002 Workshop. Mr. Tillman inquired what the scope of the workshop would be. Chairman Finkelstein responded that the Board needs to come up with an agenda and any other issues that the Board would like to discuss at a workshop. If there are not enough items for the workshop, it could always be cancelled. Mr. Fenton suggested holding the workshop after the Commission hears the Federal Highway Corridor Plan. Mr. Tillman requested that there be specific topics on the agenda for discussion After discussion, it was determined to schedule the workshop for Saturday, January 12, 2002 at 9:00 a.m. Mr. DeMarco requested that the workshop be schedUled from 9~00 a.m. to 12 noon. IX. Public Audience- Ms. Ginny Foot, 638 East Ocean Avenue (the Art of Framing), feels that many downtown business people do not understand what the Federal Highway Corridor Plan is about. Further, most businesspeople downtown rent and are not property owners. Ms. Foot would like the business owners to be notified as well. Ms. Foot expressed concerns that if there was a catastrophe to her building, she could lose her business. She noted that the Chamber of Commerce was not even kept informed of the City's plans. Ms. Foot stated it was the responsibility of the CRA and the :Chamber of Commerce to keep the people informed. Ms. Mary Law, 625 S. Federal Highway requested a copy of the statement Mr. Greene read regarding the two alternatives that will be presented to the Commission on December 18~h. She was informed that this would be available as soon as the agenda packet is ready sometime on Thursday afternoon. Ms. Law would like'the CRA to encourage downtown property owners to improve their property. She stated many property owners don't improve their properties 7 Meeting Minutes -~ Community Redevelopment Agency Boynton Beach, FL December 11, 2001 because of all the codes that come into play. Ms. Law requested that the codes be made less stringent to encourage owners to improve their property. Ms. Law also questioned the wisdom of having to give the City an easement to their property if they.are the recipients of a fagade grant. Chairman Finkelstein thought the facade program had been redrafted and that a lot of onerous language has been removed to allow property owners to participate in the program without bringing other aspects of the code into the picture. Chairman Finkelstein suggested Ms. Law speak with Assistant City Manager Sugerman. Ms. Law questioned why the City was getting involved in the plans between the developer and neighbors for the Dakota Loft, She noted that the owners of Sun- Wah have been more than fair to the neighbors and doesn't feel this is something the City should be involved in and open itself up to a lawsuit. Mr. Fenton commented that he has seen members from the Chamber of Commerce attending meetings. Mr. Fenton was surprised to leam that if a business along the Federal Highway Corridor were destroyed, it would not be able to rebuild. Mr. Fenton would like to see this changed. Chairman Finkelstein pointed out that this was not the intent of the CRA. The CRA was following the Visions 20/20 Plan and there were specific, uses that they did not want to see along Federal Highway and the downtown corridor. Businesses could continue to be sold, they just could not be rebuilt if over 70% of the value of the property is destroyed. Members felt that the Federal Highway Corridor Plan as prepared by Ms. Mellgren would be diluted if any of the alternatives being proposed were ~ncorporated into the Plan. Ms. Law inquired if a business was required to have a minimum of 100' on Federal Highway in order to be conforming. After discussion it was determined that ~n mixed-use zoning a business would have to have 100' frontage. Chairman Finkelstein said that no one is going to be put out of business as expressed by Ms. Law. Mr. Bob Foot spoke and inquired about his wife, Ms. Ginny Foot's, lease. Chairman Finkelstein retorted that the Board does not get involved in landlord/tenant issues. Mr. Foot accused the Board of regulating relationships between.landlords and tenants negatively. Chairman Finkelstein stated that this Board cannot guaranty that a tenant that is forced to move would find a comparable location. Mr. Foot felt that the Board should be more lenient and adjust its position on the alternatives being presented to the Commission. Mr. Greene noted that staff, and not the Board, is presenting the alternatives. Attorney Payne pointed out that this item is not on the agenda tonight and the Board would not be taking any position at this time since it was not on the agenda. Mr. Foot was informed that he was speaking under Public Audience. 8 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, FL December 11, 2001 Chairman Finkelstein closed the public audience. X. Other Mr. Greene distributed an item that appeared in the Sun-Sentinel dated November 23rd dealing with a matter in Breward County. The article pertained to the CRA and its ability to keep tax revenues from the County and applying those funds to the CRA District. The County will be introducing a Bill before the State Legislature with a recommendation to place restrictions on CRAs. The BiJl in effect would restrict the TIF increment to the City's portion alone and not allow the County's portion to be included. Xl. Adjournment There being no further business, the meeting properly adjourned at 7:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (December 12, 2001