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09/28/2009 COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES CITY OF CLEARWATER September 28, 2009 Present: Trustee/Chair Frank Hibbard, Trustee Paul Gibson, Trustee George N. Cretekos, Trustee John Doran, and Trustee Carlen Petersen. Also William B, Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Attorney/CRA Executive Director, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order The meeting was called to order at 9:00 a.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the August 31, 2009 CRA Meeting as submitted in written summation by the City Clerk. Trustee Carlen Petersen moved to approve the minutes of the August 31, 2009 CRA Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. CRA Items 3.1 Authorize the issuance of a Request for Proposals (RFP) for the development of the parcel bounded by Chestnut Street and Prospect Avenue (15/29/15/16830/003/0070) The City has received numerous inquiries over the years regarding the city-owned parcels on Court Street and Prospect Avenue. The adjacent, privately-owned site at 915 Court, a former Texaco station, is under environmental remediation and monitoring. Because of the environmental concerns, it has been the city’s preference to wait until the site was “clean” before pursuing any development options for the site. However, staff has indicated to interested parties that should a desirable development proposal for the city site come forward before the scheduled remediation is completed, we would consider disposition of the city- Community Redevelopment Agency 2009-09-28 1 owned property. Economic Development staff has been working with Aurora Lighting Inc. for several years to assist them in locating a site for a corporate headquarters. After review of several sites, Aurora purchased 915 Court Street for this purpose. They have expressed interest in purchasing a portion of the city’s property (the upland portion located adjacent to their property) to be able to have enough land to build a signature building and parking for their company. In addition, they would also like to upgrade the landscaping on the remaining portion of the city’s site, currently a stormwater retention area. Their headquarters office use would have approximately 20 jobs (with an average wage above $50,000/year), the proposed 20,000 square foot building will increase the tax base and the project will be an overall benefit to the area, complementing surrounding projects. Aurora is anticipating a $4-5 million construction project. After a preliminary review of the proposed project, their initial concept seems viable and worth our effort to pursue further. Property Description The site is located in the Town Lake Residential District of the Downtown Clearwater Redevelopment Plan and is zoned Downtown (D) with an underlying Central Business District (CBD) land use designation. The city owns two parcels directly adjacent to 915 Court. The southern, upland portion contains approximately 44,940 square feet bounded on the south by Chestnut St., on the west by Prospect Avenue. This upland portion contains groundwater monitoring equipment for 915 Court. The northern parcel contains approximately 12,840 square feet and is currently used as off-site stormwater retention. Background on Environmental Issues The parcel located on 915 Court Street (also a former dental office) has documented soil and groundwater contamination from leaking underground storage tanks at a former Texaco Station located on the corner of Court and Chestnut. Even though some of the petroleum constituents from this Court Street Texaco station have been removed, it has impacted the surficial aquifer on the property. The City’s property to the west (upland portion) has been part of the remediation project addressing this contamination. The clean-up of this site is being conducted under the FPLRIP Program and FDEP, under the State Early Detection Incentive (EDI) program, for which the State ranks and then takes on the responsibility of any cleanup. The City is not involved in the clean-up process. In summary, the groundwater is contaminated under both 915 Court Street property and City property. The City authorized the installation of underground Community Redevelopment Agency 2009-09-28 2 equipment and piping throughout our property to facilitate the remediation. The remediation system is located on city property, as well as 75% of the underlying monitor well and recovery system used for air sparging and pumping groundwater through the remediation system. At this time, however, there is no active remediation conducted by the State. This site has not ranked high on the State’s list for continued funding. As such, there is no anticipated date to receive a No Further Action (NFA) or a Site Rehabilitation Completion Order (SRCO). The Environmental Health and Preparedness Division of the Pinellas County Health Department has been authorized by contract with the Florida Department of Environmental Protection (FDEP) to administer the petroleum cases in Pinellas County. The County has indicated that this site can be developed as long as the developer coordinates with the County and follows protocol so that construction does not cause further spreading or exacerbates the contamination, removes or caps wells in accordance with regulations, etc. If at the time the site ranks high enough to receive State funding, the state will work with the property owner to continue the remediation/monitoring of the site. Analysis Given the strategic location of the site where Court and Chestnut Streets merge, this site is an ideal location for redevelopment because of its “Gateway” to the Downtown Core and Clearwater Beach. An office headquarters in this location would add tax base and senior professional jobs to the downtown/CRA. Aurora’s desire for a landmark building and upgrading the landscaping for the city’s retention pond will help to improve the appearance of this important corridor. The Engineering Department has reviewed the information from Pinellas County concerning this site. The proposed plans for this site will not hinder any future cleanup efforts, if initiated by the State. If required for development, any existing wells can be properly closed following State guidelines. With respect to the adjacent stormwater pond, civil site design engineering can easily address any stormwater issues as part of the development. Understanding and accommodating its impediments, the upland portion of the city-owned property can be made available for redevelopment/disposition. Next Steps In order to proceed with the redevelopment of this parcel, the following steps will need to take place: Boundary survey of portion of property to be conveyed from City to CRA City declares parcel surplus for the purpose of conveying title to CRA Community Redevelopment Agency 2009-09-28 3 CRA accepts title CRA releases RFP for purposes of redevelopment Review of Proposals and Selection of Developer Negotiation of Development Agreement Site plan approval process through CDB and issuance of Development Order At this time, staff is seeking general direction to proceed with this process and specifically, authority from the CRA to release an RFP for the redevelopment of the site at the appropriate time. In response to questions, Economic Development and Housing Director Geri Campos Lopez said property bidders must accept some of the environmental obligations. It will take approximately 1 month for the RFP to go out. It was stated that the city can charge the CRA for the land. The CRA can sell the land and pay back the city. Staff was directed to put strict guidelines on the property. Trustee John Doran moved to authorize the issuance of a Request for Proposals (RFP) for the development of the parcel bounded by Chestnut Street and Prospect Avenue (15/29/15/16830/003/0070). The motion was duly seconded and carried unanimously. 3.2 Approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel, administrative and management responsibilities during Fiscal Year 2009-2010 in the amount of $59,779 and refund the CRA tax increment fee of $201,767 and authorize the appropriate officials to execute same. Florida Statutes 163.387 requires all taxing authorities, which includes the DDB, to make an annual appropriation in an amount equal to the incremental increase in the ad valorem revenue within the CRA area. The DDB’s increment payment is $201,767 according to the Pinellas County Property Appraiser’s office. In a spirit of cooperation to further the downtown redevelopment plan, the CRA Trustees executed the first Interlocal Agreement in FY 1999-2000 to provide personnel, administrative and management responsibilities to the DDB and to refund the Community Redevelopment Agency 2009-09-28 4 difference between the increment payment and the management fee. This is the tenth fiscal year that the CRA would enter into the agreement. Pursuant to Florida Statute 163.01, the CRA and DDB can enter into this agreement in which the DDB agrees to perform certain responsibilities and functions including funding projects and programs consistent with and in furtherance of the downtown redevelopment plan. The intent of this agreement is for the DDB and the CRA to work collaboratively on projects and programs that further downtown goals and objectives. For the second year in a row, downtown retail and restaurant recruitment programs and downtown events are the focus for the CRA and the DDB collaboration. The management of the DDB by CRA staff enables the CRA and the DDB to utilize the public dollars more efficiently. The agreement also outlines the DDB’s commitment to financially support the construction debt service, operation and maintenance of the boat slips, docks, boardwalk, promenade and related facilities proposed to be constructed on the Downtown Waterfront. The DDB has made three contributions of $50,000 since April 2007. Due to the economy, the City determined that it was not in the best interest of the City and the taxpayers to borrow funds for construction of the boat slips. Instead, the City is paying for the majority of the construction costs from City reserves. Any of the annual DDB contribution not needed for operations of the boat slips will be used to reimburse the City for the cost of construction. The intent of the DDB is to contribute up to $50,000 a year for 10 years for a total not to exceed $500,000. The DDB shall pay the CRA $59,779 for the services agreed to in the Interlocal Agreement. The DDB approved the Interlocal Agreement at their meeting on September 9, 2009. Trustee George N. Cretekos moved to approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel, administrative and management responsibilities during Fiscal Year 2009-2010 in the amount of $59,779 and refund the CRA tax increment fee of $201,767 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 3.3 Introduction of La Cachette Restaurant and Chef/Owner Martin Jackson by Assistant City Manager Rod Irwin. Owner Martin Jackson thanked the city for the opportunity to bring restaurant to Downtown. Mr. Jackson reviewed cuisine offered at La Cachette and anticipated opening in November. Community Redevelopment Agency 2009-09-28 5 4. 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