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07/18/2006 COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES CITY OF CLEARWATER July 18, 2006 Present: Frank Hibbard Chair/CRA Trustee Hoyt P. Hamilton CRA Trustee William C. Jonson CRA Trustee Carlen Petersen CRA Trustee John Doran CRA Trustee Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager/CRA Executive Director Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Chair called the meeting to order at 8:03 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Approval of Minutes: Trustee Jonson moved to approve the minutes of the regular meeting of April 3, 2006, as motion submitted in written summation by the City Clerk to each Trustee. The was duly carried seconded and unanimously. 1 – Accept title from the City of Clearwater for the real property known as the Clearwater Automotive Salvage Yard and the former Miller property identified as Pinellas County parcels 15/29/15/65196/000/0030, 0034, 0060, 0061, 0062, and 0063. On October 30, 2003, the City received title to the subject parcels of real property, formerly occupied by Clearwater Automotive Salvage Yard located in the 200 and 300 blocks of S. Martin Luther King Junior Avenue and the Miller property on Washington Avenue. The “as is” purchase obligated the City to fund the costs of demolition, as well as environmental due diligence and remediation. One source of funds earmarked for the site remediation is the Brownfields Cleanup Revolving Loan Fund the City received from the EPA in 1999. The City determined that the best use of these funds from EPA would be for the cleanup of the Clearwater Automotive Salvage Yard site. The City also determined that the CRA (Community Redevelopment Agency) is in a better position to convey the site to a developer or other private entity if it provides for the environmental cleanup of the site. The City Council adopted Resolution 05-19 on May 19, 2005, authorizing a loan up to $350,000 to the CRA for the cleanup of the Clearwater Automotive Salvage Yard project. The subject property was declared surplus by the City of Clearwater on June 15, 2006, for the purpose of conveying title to the CRA. The transfer of the subject lands from the City to the CRA will essentially consolidate ownership for environmental remediation utilizing the Brownfields funds prior to offering the property for redevelopment. An Interlocal Agreement between the City and the CRA will outline the responsibilities of each entity in this project. The lands being transferred are part of the Community Redevelopment Agency 2006-07-18 1 former salvage yard and do not include the former Clearwater Automotive office located at 115 S. Martin Luther King Junior Avenue. In response to questions, Economic Development & Housing Director Geri Campos said the first portion of the cleanup is scheduled for completion in November 2006. Redevelopment plans are for mixed-uses, including affordable housing. Staff is working with FDEP (Florida Department of Environmental Protection) regarding soil conditions. Trustee Petersen moved to approve accepting title from the City of Clearwater for the real property known as the Clearwater Automotive Salvage Yard and the former Miller property identified as Pinellas County parcels 15/29/15/65196/000/0030, 0034, 0060, 0061, 0062, and motioncarried 0063. The was duly seconded and unanimously. 2 – Accept the Brownfields Cleanup Revolving Loan fund dollars in the amount of $350,000 to meet specific expenses incurred for the environmental cleanup of real property identified as Pinellas County parcels 15/29/15/65196/000/0030, 0034, 0060, 0061, 0062, and 0063 and known as the Clearwater Automotive Salvage Yard. In October 1999, the City Council authorized the City Manager to sign a Loan Fund Agreement and Work Plan for the $500,000 award received from the United States Environmental Protection Agency (EPA) for the Clearwater Brownfields Cleanup Revolving Loan Fund (BCRLF). The BCRLF was structured to provide low-interest loans to parties interested in the redevelopment of environmentally impaired properties. The BCRLF also allows government entities to loan to other government agencies, but requires a City resolution. The City determined that the best use of these funds from EPA would be for the cleanup of the Clearwater Automotive Salvage Yard site. The City also determined that the CRA is in a better position to convey the site to a developer or other private entity if it provides for the environmental cleanup of the Site. For these reasons, the City Council adopted Resolution 05- 19 authorizing the use of $350,000 earmarked for loan funds provided to the City by the EPA as part of the BCRLF to the CRA for the environmental cleanup of the Clearwater Automotive Salvage Yard project. An Interlocal Agreement will outline the City and CRA responsibilities in preparing the site for redevelopment. The CRA agrees that it will require the developer, person or entity to whom the site is conveyed following the environmental cleanup to pay the City the necessary amount so appropriated from the BCRLF as part of the sale agreement. The loan amount to the CRA will have a zero interest rate and shall be repaid from 1) amounts repaid to the CRA from the private developer or another party to whom the CRA ultimately conveys the site following the environmental cleanup, or 2) to the extent that the property is unable to be sold after a reasonable time (within five years of the completion of the environmental cleanup) and payment is not otherwise provided for, the general funds of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites. Trustee Doran moved to approve accepting the Brownfields Cleanup Revolving Loan fund dollars in the amount of $350,000 to meet specific expenses incurred for the environmental cleanup of real property identified as Pinellas County parcels 15/29/15/65196/000/0030, 0034, Community Redevelopment Agency 2006-07-18 2 0060, 0061, 0062, and 0063 and known as the Clearwater Automotive Salvage Yard. The motioncarried was duly seconded and unanimously. 3 – Execute an Interlocal Agreement between the Community Redevelopment Agency of the City of Clearwater, Florida (the “Agency”) and the City of Clearwater (the “City”) that outlines responsibilities for the environmental cleanup of the Clearwater Automotive Salvage Yard site. The purpose and intent of this Agreement is to provide a means by which the Agency and the City can mutually work together to use their existing and anticipated resources available to meet specific expenses incurred for the environmental cleanup of real property known as the Clearwater Automotive Salvage Yard (“Project”). It is also the purpose of this Agreement, through assistance and cooperation, to define and delineate the responsibilities and obligations of the parties in order to accomplish the mutually beneficial Project. The Clearwater Automotive Salvage Yard in the Town Lake area of the downtown has long been considered an impediment to the redevelopment of the area. For this reason, the City acquired the 3.4-acre +/- property through a real property exchange on July 17, 2003. Due to the “value added” incurred in obtaining these parcels, the City accepted these parcels “as is” and without warranties, and is responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. The City received funds from EPA and determined that the best use of the funds would be for the cleanup of the Clearwater Automotive Salvage Yard site. The City also determined that the Agency is in a better position to convey the site to a developer or other private entity if it provides for the environmental cleanup of the Site. The City Council adopted Resolution 05-19 on May 19, 2005 authorizing a loan up to $350,000 to the CRA for the cleanup of the site. The property was declared surplus by the City on June 15, 2006 for the purpose of conveying title to the CRA. The land was transferred to consolidate ownership, conduct the environmental remediation and prepare the property for redevelopment. A main objective of the Agreement is to outline that the City, rather than the CRA, is in a better position to enter directly into contracts for environmental cleanup of the Project. In addition, it also notes that the cleanup of the Project may exceed the $350,000 loan provided to the CRA. The Agreement allows the City, through its Brownfields program or other sources, or the Agency to cover the additional costs of remediation and preparing the site for redevelopment. In response to a question, the City Attorney said this agreement allows the City to expend additional funds. Trustee Jonson moved to approve executing an Interlocal Agreement between the Community Redevelopment Agency of the City of Clearwater, Florida (the “Agency”) and the City of Clearwater (the “City”) that outlines responsibilities for the environmental cleanup of the motioncarried Clearwater Automotive Salvage Yard site. The was duly seconded and unanimously. 4 – Approve the proposed mid-year amendments to the FY05/06 Community Redevelopment Agency Annual Operating Budget and authorize the transfer of the entire unused balance of the CRA Trust Fund budget for FY05/06 that is remaining at year-end (September 30, 2006) to the Downtown Redevelopment Project Fund. Community Redevelopment Agency 2006-07-18 3 . . . A review of the CRA project revenues and expenditures at midyear indicate the following proposed budget amendments are needed to align revenues and expenditures in the FY (Fiscal Year) 2005/06 CRA Operating Budget: TIF (Tax Increment Fund) Revenues decreased by $8,367 from the preliminary TIF projections used to project the FY05/06 CRA Operating Budget. Other Revenues are being increased by $350,000 to reflect the acceptance of the loan from the Brownfield Revolving Loan Fund for the remediation activities at the Clearwater Auto site. Other Operating Expenses Line Items decreased overall by $784. The decrease reflects the decrease in payment to the DDB (Downtown Development Board) caused by the decrease in the TIF received from the DDB area. Transfer Out Line Items increased overall by $342,417. This increase is due to the transfer of $350,000 to Clearwater Automotive Site Remediation project code and small decreases to the Restricted County TIF funds ($3,915) and Redevelopment Project Funds ($3,668). This is a request for approval of the proposed midyear amendments to the FY 2005/06 CRA Annual Operating Budget and authorization to transfer the entire unused balance of the CRA Trust Fund budget for FY 2005/06 that is remaining at year-end (September 30,2006) to the Downtown Redevelopment Project fund. In response to questions, Ms. Campos said she will provide information on the $86,000 spent on district fayades. She said $4.7 million is the full amount allotted to the streetscaping project. CRA Executive Director Rod Irwin said, until negotiations on various projects are concluded, it cannot be determined if there would be funds that could be used for the proposed downtown docks. Trustee Petersen moved to approve the proposed mid-year amendments to the FY05/06 Community Redevelopment Agency Annual Operating Budget and authorize the transfer of the entire unused balance of the CRA Trust Fund budget for FY05/06 that is remaining at year-end (September 30,2006) to the Downtown Redevelopment Project Fund. The motion was duly seconded and carried unanimously. 5 - Other Business - None. 6 - Adiourn The meeting adjourned at 8:16 a.m. C ir ommunity Redevelopment Agency Community Redevelopment Agency 20OG-97.1.~ 4 .... " ",.~ ..........",'