06/06/1983•
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Community Redevelopment Agency Special !lasting
June 6, 1983
The City Commission of the City of Clearwater met as
Redevelopment Agency at City Hall, Monday, June 6, 1983.
convened at 2:17 p.m. with the following members present:
Kathleen Kelly
William G. Justice
Rita Garvey
James Calderbank
Absent:
James L. Berfield
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Lucille Williams
the Community
The meeting was
Mayor -Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
City Clerk
By letter of June 2, 1983, a notice of joint meeting of the Clearwater
City Commission and Community Redevelopment Agency was called for Monday,
June 6, 1983, at 2:00 p.m.
ITEM #2 - Approval of the Minutes.
Commissioner Garvey moved to approve the Community Redevelopment
Agency Minutes of May 9, 1983, as submitted by the City Clerk. !lotion
was duly seconded and carried unanimously.
ITEM #3 - Consideration of J. K. Financial Corporation Development
Project Proposal.
The City Manager stated the purpose of the meeting was to discuss,
in broad generalities, the proposal of J. K. Financial Corporation and
disposition of the Jannelli property located at the southeast corner
of Garden Avenue and Cleveland Street. The Commission had requested at
a work session that they wished to discuss eminent domain proceedings with
an attorney with expertise on the subject. Two resumes had been received.
Ross Stanton, Jr. had submitted a resume on the 3rd of June and one
received, this date, from Patrick T. McGuire, a member of the firm of
Richards, Nodine, Gilkey, Fite, Meyer, and Thompson, Attorneys -at -Law.
Both attorneys are experienced in eminent domain proceedings and the
Commission may hire either one.
Ross Stanton stated he was a member of the firm of Greene, Mann, Rowe,
Stanton, Mastry and Burton, Attorneys -at -Law, and he was a civil trial
lawyer. He had looked at the property and felt the valuation appraisal
was fair. He advised the Commission that the owner of the property has
the option to increase his asking price and it will depend on who the jury
believes as to what value will be set.
All other expert witnesses, such as appraisers, etc., have to abide
by the rules. Juries generally find between 10-15% above the appraised
value. The City would be required to pay the property owner's attorneys
fees and court costs in addition to his fee. He estimated attorney fees
for the property owner would run between $50,000 and $70,000.
There are two options open to the Commission: 1) a slow -take
condemnation, under Chapter 73, Florida Statutes, would allow the
Commission to set the appraised value as the amount they would be willing
to pay and to turn -down a jury's higher recommendation; and 2) a quick -take
condemnation, under Chapter 74, Florida Statutes, in which the jury would
make the decision and the City would be required to pay the set figure.
The slow -take option would require an extensive time -frame.
1. 6/6/83
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Sam Casella, Executive Director of the Downtown Development Board,
stated the Board would aid in the condemnation proceedings and would
contribute up to $8,000 per year on a 50/50 split with the City on an award
of more than $650,000. He also reported the assessed valuation on the
Jannelli property had been reduced.
Rose Pfiefer, a member of the Downtown Development Board and property
owner, spoke in support of condemnation.
John Kearney, president of J. K. Financial Corporation, stated they
had agreed to pay the $650,000. They feel it is still a viable project
but if the delay for the slow -take condemnation requires a year, the
agreement would have to be abandoned. He stated it is difficult to pre -
lease and make a commitment to a tenant with an unknown time -frame. Pre -
leasing costs for J. K. Financial are over $100,000.
Commissioner Calderbank moved to proceed as of June 6, 1983, to
implement slow -take condemnation proceedings on the Jannelli property
located at the southeast corner of Garden Avenue and Cleveland Street,
to hire Ross Stanton, Jr., to assist in litigation with the City Attorney,
to direct the City Manager to negotiate one more time with the property
owner and to seek a second appraisal. Motion was duly seconded. Upon
the vote being taken, Commissioners Garvey, Calderbank and the Mayor voted
"Aye"; Commissioner Justice voted "Nay"; Commissioner Berfield was absent.
Notion carried.
Meeting adjourned at 3:13 p.m.
or/Commissioner
2. 6/6/83
AGENDA
COMMUNITY REDEVELOPMENT AGENCY (2 p.m.)
June 6, 1983
1. Call to Order.
2. Approval of Minutes May 9, 1983.
3. Consider J. K. Financial Corporation
Development Project proposal and
potential condemnation.
4. Adjournment.
1.
ACTION
1. 2:17 p.m.
2. Approved as submitted
3. Moved to start "slow take
condemnation" proceedings; hired
Ross Stanton Jr., to assist with
litigation; requested City Mgr
negotiate onemore time with Mr.
Janelli; & to obtain 2nd appraisal.
3. 3:13 p.m.
June 6, 1983