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HomeMy WebLinkAbout12132006 CRAcm ~~ ~~~~ u .__..._, HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES WEDNESDAY, DECEMBER 13, 2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the Community Redevelopment Agency Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Michelle Morris 4. APPROVAL OF MINUTES A. September 20, 2006 Meeting On MOTION by Ms. Coy and SECOND by Mr. McCollum, the September 20th 2006 CRA minutes were approved on a voice vote of 5-0. Community Redevelopment Meeting Minutes December 13, 2006 Page Two B. September 27, 2006 Meeting On MOTION by McCollum and SECOND by Ms. Coy, the September 27th, 2006 CRA minutes were approved on a voice vote of 5-0. 5. NEW BUSINESS A. Flaaoole Project The City Manager stated that Ms. Coy had requested this item, advised that no agreement has been reached with Billero and Billero, and this is to place an American flag in that area, noting that the City will need to work with Indian River County on the use of CR512 right-of-way. Ms. Coy said she thought it would be nice to have a Garrison American flag to greet people to the downtown area, such as the one flying at the Pennwood Motel. She asked for Council concurrence to look into costs which she estimates will run between $1200 and $2000 and said the local veteran organizations can help raise and lower it. Mr. Neglia asked if the City flag could be placed under it, and she said the City and State flag could be flown below it. Mr. Paternoster asked how long the flags last and the City Manager said approximately one year. The City Manager was directed to bring back costs; a report regarding Indian River County right-of-way; and a conceptual drawing. B. Consider Purchase of Boudrot Property - 1302 Indian River Drive City Manager Transmittal, Map, Contract) The City Manager reiterated his report to the CRA in the agenda packet, noting that Ms. Boudrot's counsel, Kevin Doty was present to answer questions. He recommended purchasing the property with a contingency that the property be used for cultural, recreational use for thirty years as requested by Ms. Boudrot. Mr. Paternoster said he spoke to the City Manager and City Attorney regarding the contingency, and it was his understanding that the thirty-year restriction was to be removed. The City Manager said he could not officially report that the seller was willing to have that clause removed and the Council could make that counteroffer. Mr. Doty, in response to Mr. Paternoster, said he had discussed this with Ms. Boudrot had approached his client on this purchase. He said he would read a prepared statement from Ms. Boudrot, and submitted it to the City Clerk for the record. Mr. Doty said the appraisals do not assign a value to the submerged land that Ms. Boudrot owns; therefore the higher value of $395,000 is appropriate (taking the submerged land into consideration). He also said that the City would benefit with the addition of the deed restriction. 2 Community Redevelopment Meeting Minutes December 13, 2006 Page Three Mr. Paternoster said he was concerned about the buildable portion of the property and the deed restriction being placed on property when it is not being donated to the City. Mr. Doty read the statement into the record at this time (see attached). He cited the property that is now Riverside Park in Vero Beach that could have been a subdivision many years ago; is one way to see vision for this purchase. Mr. Neglia said he was concerned about the thirty-year restriction. He asked when the property was zoned residential, and the Growth Management Manager said she believed it was zoned CWR during the overall riverfront district rezoning. The City Manager said, in response to Mr. Neglia, that this is not a legally binding contract unless approved by City Council. The City Manager said during review of the appraisals it was found that the submerged land was not included, and said he would not pin the project on that one factor. Mayor Burkeen asked why we are paying more than the appraisals to which the City Manager reiterated what was outlined in the transmittal. He pointed out that the price is contingent upon Council approval. Ms. Coy said she would also like the rider removed, and is thankful to Ms. Boudrot for not requesting the highest and best use price, and she made a deal "as is". She said she expected for the cost to be a lot higher than it was and is prepared to approve if the rider is removed. Mr. Doty said this purchase will encompass more property than is covered in the appraisal, and reminded that Ms. Boudrot is incurring additional costs involved in the transfer. The City Attorney said the State would recognize the ownership of this water bottom Mr. Paternoster said he appreciates everything that Ms. Boudrot has done for the City though over the years the City has done things for Ms. Boudrot such as land-swaps and grants. Mr. Doty said he did not intend to imply that it was cone-way street. Louise Kautenberg said the cost of the removal of the building must be considered, said this is a benefit to the City, but it should compare the cost of the usable property to properties of similar size. Neil Lagin said this awin-win and encouraged the purchase Eugene Wolff, Wimbrow Drive, said there should have been a letter of intent with the seller, instead of appraising properties without some kind of intent; that the appraisals were not ordered properly and are partial appraisals. He said in our next purchase we should use more due diligence. 3 Community Redevelopment Meeting Minutes December 13, 2006 Page Four Damien Gilliams, 1623 US 1, Sebastian, said Mr. Wolff was right on the money. He said he knows Bettina Boudrot and that his family sold the property to her, that the appraisal should have been corrected before it was brought to Council, that it would have been nice to see a survey in the packet, as well as a copy of the deed and the title policy. He asked if other agencies had been contacted to find out what can be done with the property and recommended that the item be tabled until the appraisals are corrected. A MOTION was made by Mr. Paternoster and SECONDED by Mr. McCollum; to accept the proposal of $395,000, striking the clause addenda #1 which states the following provision is incorporated as part of the offer made by the City to Boudrot: Further the City will agree to accept a deed containing the condition that the purchased property shall only be used in conjunction with parks, cultural or waterfront recreational activities, with this limitation to be self-extinguishing after athirty-year period of time. He would also like the signature line to read "City of Sebastian" or "AI Minner on behalf of the City of Sebastian." The City Manager said, in response to Mr. Neglia, the payment would come from the Riverfront/Main Street realignment but it would not take away from other projects. He explained the total project cost is $1.5 million to include engineering, design and construction costs that could be covered by future new CRA monies or a short-term note (for 3-5 years) that will free up money to do other projects. He confirmed this year there is enough money for design and public hearings will be held to receive input on the design and financing possibilities. Mr. Burkeen said for the record he was in agreement with the wonderful project but not with how the property's price was achieved. A roll call was taken on the motion and it carried 5-0. 6. Being no further business, Mayor Burkeen adjourned the Community Redevelopment Meeting at 7 pm. Approved at the ~~ ~U , 2007 CRA meeting. C Brian Burkeen, Mayor ATTF~T: ~~~^ Sally A. M , MMC -City Clerk 4 12/13/06 To: CRA/Sebastian City Council/ he~~4 ~~~(~~~~~--- From: Bettina Boudrot 1302 Indian River Dr. Sebastian, Fl. 32958 I made the decision to sell my riverfront property to the people of Sebastian because I would like to help create a beautiful waterfront park without commercial buildings at the Main St. boat ramp I have seen how much people love to walk along the river ,enjoying the view. I have viewed the confusion at the Main St. boat ramp and parking lot for about 20 years. I have also come to realize that my time to live there peacefully has passed. When the City approached me to sell even though I was in the process of rebuilding, I felt the time had come to let go of the property, doing so in a way that would make a difference to my friends and neighbors of Sebastian and for generations to come. The appraisals are lower than expected and reflect a much slower real estate market. This will not always be the case. I also question their accuracy. For example, when mentioning the original cost of my property, there was no mention made of the $25,000. land purchase price which was in addition to the house purchase price. Also, the whole parcel is .26 of an acre and the appraisal was based on the land side .12 of an acre. Is everything including water rights on the waterside worthless? If so, I'll just keep that part and put my boat back on my dock. With regard to the contract stipulation, I need to feel reassured that this piece of property will not be sold for commercial gain. Certainly Ican- sell it for more money if that were my only consideration. If the deed restriction ma~es a difference in the sale of the property, I will remove it . However, I ask the people of Sebastian to remember that-this property was sold to THEM for THEIR waterfront park and not so that a few people will profit in the future. In closing, I wish to apologize to those who will be sorry to see the old place go. I will be, too. She did her best and I'm trying to do my best, too.. MERRY CHRISTMAS Respectfully Submitted Bettina Boudrot