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11-17-2003 AGENDA COMMUNITY REDEVELOPMENT AGENCY 11/17/03 AGENDA COMMUNITY REDEVELOPMENT AGENCY MEETING November 17, 2003 1 - Call to Order 2 - Approval of Minutes: 10/13/03 3 - Recommend approval of amendments to the Clearwater Downtown Redevelopment Plan - Ordinance #7231-03. 4 - Executive Director (Assistant City Manager) Verbal Reports 5 - Other Business 6 - Adjourn Community Redevelopment 2003-11-17 1 11/17/03 . COMMUNITY REDEVELOPMENT AGENCY Cell 3 ~~I u~; Agenda Cover Memorandum Page 1 of 1 City Commission Preferred Date:112-18-2003 Item 10: 304 Latest Possible Date: 112-18-2003 Submitted: 111-.14-2003 Actual Date: I ~ ~ -Subject / Recommendation: APPROVE amendments to the Clearwater Downtown Redevelopment Plan and PASS Ordinance No. 7231-03 on first reading. - Summary: - For the summary section of the City Commission Cover Memo, please refer to the attached word document titled, "Memo for the Summary Section of the City Commission Downtown Plan Amendments Cover Memo." - For the summary section of the Community Redevelopment Agency Cover Memo, please refer to the attached word document titled, "Memo for the Summary Section of the Community Redevelopment Agency Downtown Plan Amendments Cover Memo." Originating Department: Category: I <:()de ~mendments- All Section: I Administrative public hearings Public Hearing: IVes !d i~ Number of Hard Copies attached: Advertised Dates:ln:QJ::~Q_9.~__! L-- _q __I I~-- 1______ __ __..,_.._.i - Review Approval:(Signatul'9 indicates approval.) ILeslie Dougall-Sides 11-14-2003 1 ~ ISiII Horne IGarry Brumback 11,~ )4-~Q03 _13:59~ I, _ _ 11-14-2003 14:09:09 I I ~ , , ",( ! iJ '...0.:--. ~ :t:.: . ...'i i ", ~~' ! )\1 ; ~~ ! ..# I I .. .. 1'1 i': : " .. ..' I , "1 n! '\ U! <. I :,bLt ...1 :tol j !. ~ _';;"1 i:I !I 1!1 I ""___,, _I "HEl-lO FOR THE SUHNARY SECTION OF THE CRA DO\VNTOI.IN PLAN ANENDHENTS COVER HENO" ~ Clearwater o 1\1 E M 0 RAN DUM To: Bill Home, City Manager From: Cyndi H. Tarapani, AICP, Planning Director Date: November 7, 2003 RE: Amendments to the Clearwater Downtown Redevelopment Plan SUBJECTIRECOMMENDATION: RECOMMEND APPROVAL of amendments to the Clearwater Downtown Redevelopment Plan and PASS Ordinance No. 7231-03 on first reading SUMMARY: This is a Community Redevelopment Agency item. The City Commission approved the Clemwater Downtown Redevelopment Plan on September 18, 2003. The draft Plan was initially submitted to Pinellas County staff for review in June 2003 and multiple meetings were held between City and County planning staff to discuss the proposed Plan. As a result of these discussions, the City agreed to incorporate certain clarifications and additions requested by County staff into the Plan on first reading. After the City adopted the Plan, the County staff requested additional information regarding how tax increment revenues will be used to implement the Plan. The County staff asked for an account of the amount of tax increment financing (TIF) funds to be used for each project as compared to other eligible sources of funding. The City prepared an estimate of this information and provided it to the County in early Octobcr. On October 21, 2003 the Board of County Commissioners (BCC) discussed the Plan under the County Administrator's Rcports. Thc Board indicatcd its general support for the Plan as the Redevelopment Plan and Spccial Area Plan for Downtown but had concerns with thc Plan's use of TIF. In particular, the Board appeared to concur with the County Administrator's concerns about the length of the term of the Tax Incrcment District as well as objecting to certain intended uses of TIF funds. The County Administrator's report indicated that the Board should delay a decision on the Plan until the City made amcndments to the Plan to address the County's concerns regarding the use ofTIF fund. Scnior City and County staffs have heldsevcral meetings to resolve as many of the outstanding issues associatcd with the Plan as possible. Of the 4 major areas of concern, City and County staffs have reachcd agreement on two. These issucs and their resolution are described below and are included in the proposed amcndments. hllp://netfyl/NeIFYI/Clienls/14cJ2J Id-I b4e-4Id l-b71 b-76b7bffa057J/Doc7 5Cl.DOC 1. Use of County TIF Onlv for Capital Proiects and Capital Programs. The Downtown Plan supported the use of TIF funds for a variety of capital projects, as well as redevelopment programs and mitiatives. The County requested more specific information on the types of programs to be funded, the amount of funding and the time frame for expenditures. The City submitted the requested information. Upon the review of this information the County Administrator indicated the County would not support the County portion of TIF for redevelopment incentives and other non-capital programs such as a revolving loan program and retaillease/relocation incentives. It should be noted that the Board of County Commissioners requested the City to compile information detailing how other CRAs throughout the State use their TIF revenues. Based on the survey conducted, it was detennined that other Florida CRAs use TIF to fund the type of programs the County does not want to fund. The proposed amendments to the Downtown Plan clarify that County TIF will only be used for capital projects and programs (see Amendment 7 - pages 8-12 of Exhibit A of Ordinance). City TIF will be available to be used for non-capital programs and initiatives. 2. Cost Estimates for Several Identified Capital Proiects. Three capital projccts did not include cost estimates because the project timeframe for construction is years away. The County staff wanted estimates included for all projects. The City's best possible estimates have becn developed and are proposed to be included in the Capital Improvement Plan. Thesc revisions are reflected in Amendment 5, pages 5 - 7 of the ordinance. Two remaining issues require specific policy direction from the City Commission and are discussed below. 1. Length ofTIF. The length of the TIF has not been resolved. Originally, the City Administration desired TIF to be in effect for 30 years from the date of the approval of the updated Plan which is as established by the Florida Statutes. In addition, a longer period of time is more useful to affect redevelopment through the capital projects and programs whose purpose is to eliminate slum and blighting conditions in an under performing downtown. The County Administration desires TIF to be approved for a short- tenn period of 15 years due to concerns about the uncertain future of the County budget. Several solutions have been explored between County and City staff. One solution discussed was that the County would approve the use of TIF for a 3D-year tenn with a review after 15 years. However, when the County reviews the Downtown progress in 15 years, the County would be limited by the Florida Statute provision that restricts the decision to a continuation of TIF funds at the 95% level or complete elimination of both County and City TIF. This option clearly carries enormous risk for the City since elimination of a major source of funding could be done prior to completion of substantial improvements within the Downtown. A second alternative explored was a TIF term for 15 years if no bonds are issued by the City OR a 20 year term if bonds are issued within the first year after final Plan approval. The City Administration prefers this alternative since it allows the City more flexibility in funding options. In addition, three currcnt or pending projects have obligated substantially all of thc TIFproject funding for thc next three years. Thesc projects include the loan payment for the Dimmitt property, incentives to be providcd for thc Beck project and payment for the Cleveland Streetscape and Station Square Park capital projects. At this point, it is not clear if the County administration will support this option. 2. Inclusion aCTable Identifying Funding Sources for all Capital Proiects in Plan. The County Administrator requested that thc City include an amcndment that adds a table cntitled Clearwater Downtown Rcdevelopment Plan Capital Proiccts - Table Identifying Funding Sources for hllfl:llnl'tfyil.\'('IFmClil'nl.l/14t: J1J /t/-/ b4('.4Id 1-/17Ib. 76/1 7/1ffn057J/lJor75('],DOC all Capital Projects (copy attached as an exhibit). The Table estimates the funding sources for each project, differentiating the amount of TIF funds versus other eligible funding sources. This chart is not included in these amendments because the City Administration believes this requested level of detail is not appropriate for inclusion in a 20-year plan, but more appropriately should be reflected in the City's five-year capital improvement budget adopted annually by the City Commission. All redevelopment capital improvement projects conducted to implement the Downtown Plan must be consistent with the Capital Improvement Plan, but the City reserves the right to determine the exact amount and source of funding at the time that the project is formally initiated by its inclusion in the capital budget. The City Administration recommends that this table not be included in the Cleal1vater Downtown Redevelopment Plan. The Community Development Board will review the proposed amendments to the Cleal1vater Downtown Redevelopment Plan in its capacity as the Local Planning Agency (LP A) at its regularly scheduled meeting on November 18, 2003 and the Planning Department will report its recommendation at the November 20th Commission meeting. .~ http://nctfyi/NeIFY1/ClienlslI4c323ld.lb4e-4ldl.b71 b-76b7bffn05 7 3/Do~ 75Cl.DOC . I , j 1 City of Cac.rwJ.1er HlggfD~Dls~~ 115 KY, HD-33 i , ! ETS #20030329 AMENDMENT TO LICENSE AGREEMENT This ~endment to License Agreement 87007004, OR 6404 PG 104 (hereinafter referred to lU the "Amendment"), made and entered into on this day of , 2003, by and between FLORIDA POWER CORPORATION, a Florida Corporatio~ whose mailing address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR '); and City OF Clearwater, a Municipality, whose mailing address is Box 4748, Clearwater, Florida 33758-4748(hereinafter referred to as uLICENSEE"), herein; I ! I WI~AS. LICENSOR and LICENSEE have heretofore entered into that certain License A ment dated 18 Dec 1986, (hereinafter referred to as the "Agreement"), a copy of which is aU bed hereto as a composite "EXHIBIT B" and is, by this reference, made a part hereof; WhiaC Agreement established the tenns ODd conditions pursuant to which LICENSOR agreed to w LICENSEE the privilege and license to occupy and utilize a portion of the TnDlmillio Right of Way of Section 07, Township 19 South, Range 16 Eat, Pinel'" COUDty, FIo~da being hereinafter referred to as the "License Area" and with the location and extent of sai License Area being substantially as depicted on print of sketch attached hereto in '"EXHIBIT '; and ~ AS, LICENSEE has been granted the limited privilege and license to occupy and utilize the Li4 ense Area for parking; and AS, the parties to the Agreement are willing to make such Amendment to License Agre '"ment; I I NO;THEREFORE' in consideration of the premises and the mutual covenants, agreements, nditions, and warranties of the parties to the Agreement and this Amendment, it is hereby cove ted and agreed by and between the parties as follows: 1. The Agreement is hereby amended and modified as follows: Exhibit "An (II ~t~b1drawlng) contained ill this Amendment, shaD hereby replace the olilPnal Esbtblt "A"(lIketchldrawlng), to reOeet tbe improvements all agreed ul-on by both parties. 2. *cept as herein llIJlended and modified, all of the terms, conditions, covenants, a ements, representations, and warranties of the Agreement are and shall remain in 1 force and effect. I 3. L~CENSOR. by this execution hereof, hereby represents, warrants, and certifies that, t~ the best of its infonnation and belief, LICENSEE has fully performed all of its d~ies and obligations under the Agreement and that, to the best of LICENSOR's information and belic~ the Agreement is not in default as ofthe date hereof. j I I . ! P"op 1 of? 4. Ll. ENSEE, by ita execution bereof. hereby lepresc:nts, watnIJ1tS, and certifies. - to be. of its inlbrmation and belief. LICENSOR baa fully performed all of it! d and obliaations under the ~nt and that. to the best of UCBNSEE's in rmation and belief, the Agreement is not in default as oftbe date hereof. IN WITNESS WHEREOF. the said LICENSOR and LICENSEE have ~.ulM'd tbcc preKfttllO necuted in lheir respective corparalc names ,by their proper officers thereunto duly IUtbo . and their retpeetive corporate seals to be hereunto aftlxed and al~ all as of the day and lint above written. I I 1 I I f 0( By: :-O~RJDAPOWERCORPORAnoN B)r' . SO....n . TItle: Vice ,.........., T.............. A RTO BeY......t Dated ddI-l '- -c;A.... ct.y 01 -cr- ~ . 2003.. Dated ..... dll)' 01 . 2G03. ~= (as ) By: 'hie: Mayor a,= 8J: ..ar 11t1a: CIty M......r Apprwed .. Fora: By: City A I'M)' . 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COMPETITIVE AMENITIES REQUIRED - Free or Near Free Parking -In-Theatre Gourmet Cafe/Coffee Bar - Non-violent Video Arcade - Good Base Of Adjacent Resta u ra nts/Reta i I 4