CITY OF CORAL SPRINGS COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING March 1, 2004

Transcription

1 CITY OF CORAL SPRINGS COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING March 1, 2004 Board Vice-Chair Debbie Mulvihill called the meeting to order at 6:40 p.m. At Ms. Mulvihill s request, Mr. Richardson called the roll of Board Members. Board Members in attendance were: Wallace Dale, Board Member Donald Fischer, Board Member William Snyder, Board Member Brian Walsh, Board Member Mr. Richardson noted that Board Chairperson John Ruffin was out of town and therefore was unable to attend this evening s meeting. Also in attendance were: Erdal Donmez, Assistant City Manager Sue Delegal, Holland and Knight, CRA Board Legal Counsel Sam Goren, City Attorney Larry Staneart, Interim Director of Development Services Susan Hess, Director of Community Development Peter Richardson, City Clerk 1. Minutes of February 2, 2004 Board Meeting Mr. Fischer moved, seconded by Mr. Snyder, to approve the minutes of the February 2, 2004 Board meeting as presented. The motion was approved unanimously (5-0). 2. Citizen Comments There were no citizen comments. 3. Phase 1 Development Update Mr. Donmez noted that plans for Phase I (One Charter Place) had been updated and reviewed by the City Commission. He noted that although the title company concluded that all deed restrictions for the property were clear, there was nonetheless the potential for future litigation. George Rahael, representing Urban Amera Developers, said he was in the process of attempting to resolve title insurance matters for the future One Charter Place site development. Richard Berman, an attorney representing Urban Amera Developers, said he was also involved in efforts to resolve title and other concerns related to the

2 development of One Charter Place. Mr. Berman requested that the CRA Board consider becoming a party to potential future litigation. He noted that his client was perfectly happy to carry the lead and prepare the necessary filings relative to potential future litigation filed by WCI. Ms. Mulvihill requested that Ms. Delegal review the Board s legal options relative to Mr. Berman s request. Ms. Delegal said the CRA Board had three options: (1) decline the invitation to participate, (2) join as a plaintiff with Urban Amera Developers, or (3) potentially intervene, supportive of, but subordinate to, Amera Urban Developers, in the litigation. Ms. Delegal noted that the subject property was owned by the City of Coral Springs, rather than the CRA Board of Directors. She also stated that the Coral Springs City Commission had not had the opportunity to review the matter. Ms. Delegal stated it would be best for the CRA Board and the City of Coral Springs to proceed together on this matter. Mr. Donmez noted that a new Mayor and two new City Commissioners would be attending their first meeting on March 16 th. Mr. Fischer inquired whether Mr. Rahael would be able to obtain the property s title if a judge ruled favorably on a dec action (declaratory judgment). Mr. Berman said although this was correct, WCI would still have appellate rights. Mr. Fischer inquired what steps WCI would need to take following the appeal of a dec action. Mr. Berman said that WCI would need to post a bond, in an amount to be determined by the court. Mr. Fischer inquired about the potential time frame for an appeal. Mr. Berman said that a typical timeframe for an appeal in the Fourth District Court was six to nine months. In the event that WCI appealed the court s ruling, Mr. Fischer inquired whether the City of Coral Springs had the right to seek damages. Mr. Berman said that the trial or appellate court could elect to impose a financial penalty. Mr. Fischer inquired how long it would take to receive an initial dec ruling. Mr. Berman said it was possible to have a summary judgment hearing within a few months. Mr. Fischer inquired whether the CRA Board of Directors would incur any legal fees relative to this matter. Mr. Berman noted that Amera Urban Developers would take the lead on this matter. He noted that if litigation went forward, WCI would have the ability to take depositions of individual CRA Board members and staff. Mr. Dale inquired which option would most strongly support Amera and the proposed One Charter Place project. Mr. Berman said he thought the strongest support would be shown if the CRA Board of Directors chose to participate with Amera Urban Developers in the potential litigation. Stating that the City and CRA Board should interact on this matter, Mr. Dale suggested that the CRA Board consider participating in the matter in a timely manner, subject to the City Commission s decision to likewise participate in such litigation. Ms. Mulvihill suggested that the CRA Board table the matter until the City Commission had an opportunity to review the matter. 2

3 Mr. Snyder moved, seconded by Mr. Fischer, to table the matter until the newly seated City Commission had an opportunity to review it. The motion was approved 4-1, with Mr. Dale voting no. 4. Update on Children s Services Council Ms. Delegal noted that the CRA had submitted an invoice to the Children s Services Council (CSC), requesting payment for assessments from the CSC. She stated that the Children s Services Council legal counsel had responded that his client it did not have make any such payment to the Coral Springs Community Redevelopment Agency (CRA). Ms. Delegal said she had sent a response letter to the CSC to reiterate the CRA s position that the CSC was responsible for CRA-related assessments. Mr. Fischer inquired about the estimated amount due. Mr. Donmez said about $1,350 would be due at present. 5. Update on DRI Timeline and Process Mr. Donmez noted that the CRA had received a letter of sufficiency from the Regional Planning Council. He stated that the Comprehensive Plan Amendment (CRA) process was a lengthy one and efforts were being made to coordinate the DRI and CPA on parallel timeframes. Mr. Donmez said that the anticipated effective date for the DRI and CPA was December 1, Mr. Donmez said City staff was requesting that the CRA Board request continuance of the DRI agenda item on the Regional Planning Council s agenda. Mr. Fischer inquired about the anticipated length of the continuance. Ms. Stroud said that the Comprehensive Plan Amendment would most likely be available in the fall of Mr. Donmez noted that this process had no impact on Phase One of the Downtown Coral Springs development. Mr. Fischer moved, seconded by Mr. Snyder, to request a continuance of the Regional Planning Council s consideration of the Development of Regional Impact (DRI) application. The motion was approved unanimously (5-0). Mr. Fischer moved, seconded by Mr. Snyder, to request a continuance of the City Commission s consideration of the Development of Regional Impact (DRI) application. The motion was approved unanimously (5-0). Mr. Donmez noted that City staff had been meeting with Regional Planning staff about the DRI process for quite some time. He said that staff was in the process of finalizing dates for community workshops regarding the DRI process. Mr. Donmez said that the workshops would likely take place during late April and early May. He also stated that staff would keep the CRA Board apprised of potential dates for the DRI Community Information meetings. 6. Update on Publix Redevelopment Plans 3

4 Ms. Hess made a presentation regarding conceptual guidelines for the redevelopment of the Publix store at the northeast corner of University Drive and Sample Road. Ms. Mulvihill requested that staff provide the Board with additional conceptual renditions in the future. Mr. Fischer thanked staff for a job well done. He noted that the conceptual design was not an urban type design. Mr. Fischer stated that there was a potential for delivery-type problems, given the large amount of parking in front of the proposed store s front doorway. Mr. Rahael noted that his firm s architect had developed the conceptual plans based on having retail components as close as possible to roadways. Mr. Rahael stated that he had not formally discussed the conceptual design with City staff. Mr. Fischer said he wanted to see the plans before they were submitted to Publix staff. Mr. Donmez stated that City staff was amenable to having Mr. Fischer assisted with review of the proposed plans. Ms. Mulvihill inquired whether Mr. Rahael would be open to the concept of having Mr. Fischer meet with his architects relative to the Publix conceptual plan. Mr. Rahael said he would be pleased to share copies of the conceptual drawings with Publix staff, Mr. Fischer and City staff. Mr. Fischer said he would be pleased to report back to the Board on this matter at a future meeting. 7. Update on Board Vacancy Mr. Richardson reported that recruitment efforts seeking applicants for the vacant Board seat formerly occupied by Mr. Holland had commenced. He noted that the appointment would likely occur at one of the City Commission s meetings in April. 8. Other Matters Mr. Dale reiterated his concerns about moving ahead with development of Phase One of the Downtown Coral Springs project as soon as practical. He suggested that the importance of this matter be expressed to the new City Commission in an expeditious manner. Mr. Goren noted that, if necessary, a special joint meeting could be held between the City Commission and the CRA Board to discuss the status of Phase One of the Downtown Coral Springs project. Mr. Donmez introduced Mr. Larry Staneard, Interim Director of Development Services, to the CRA Board. Mr. Donmez noted that Mr. Staneard had formerly served as President of the Florida Sterling Council. Mr. Fischer moved, seconded by Mr. Snyder, to adjourn the meeting. The motion was approved unanimously (5-0). The meeting adjourned at 7:43 p.m. DATE APPROVED/ACCEPTED DEBBIE MULVIHILL VICE CHAIR, CRA BOARD OF DIRECTORS 4

5 PETER M. J. RICHARDSON, CRM CITY CLERK, CITY OF CORAL SPRINGS PCDOCs # pmjr 5