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05/18/2000CITY COMMISSION MEETING CITY OF CLEARWATER May 18, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. A moment of silence was observed in honor of Dottie Ruggles, Supervisor of Elections, who passed away on May 16, 2000. Commissioner Clark offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards – None. ITEM #4 - Introductions and Awards Proclamation: Water Safety Awareness Day – May 20, 2000 Proclamation: Safe Boating Week – May 20 – 27, 2000 ITEM #5 - Presentations a) Legislative Reports - Senator Jack Latvala State Senator Jack Latvala reviewed legislative issues addressed this year. The City Commission thanked the Senator for his hard work on behalf of the City. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of May 4, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Early Sorenson said people of all religions are welcome in Clearwater. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6531-00 - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. & south of Jeffords St., subject to retaining 12' utility easement over relocated water lines (Morton Plant Mease Health Care, V00-05)(PW) The applicant proposes to use the right-of-way and adjacent properties to expand emergency room facilities. The applicant will finance relocation of City utilities in the right-of-way during development. Public Works recommends approval, subject to retaining a 12-foot utility easement over the water lines, which will be relocated approximately 250 feet east, outside the emergency room expansion’s footprint. Private utilities have no objection. GTE requires applicant to bear costs related to relocating their facilities and maintaining service to customers affected by the vacation. Commissioner Johnson moved to approve the request to vacate the 40-foot right-of-way of Bay Avenue lying north of Sadler Street and south of Jeffords Street, subject to retaining a 12-foot utility easement over the relocated water lines. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6531-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6531-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #6536-00, #6537-00 & #6538-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low (upland area) and Preservation (wetland area) & LDR and Preservation Zoning, 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (Dorothy Scott, A00-10)(PLD) The applicant has requested annexation to receive City water and sewer service. The property at 1243 Brookside Drive will have a Land Use Plan designation of Residential Low and Preservation and zoning of Low Density Residential (LDR). The Community Development Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Preservation and Zoning Atlas Amendment to Low Density Residential (LDR) for M&B 22/01 in Section 24-29S-15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6536-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6536-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6537-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6537-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6538-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6538-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #6539-00, #6540-00 & #6541-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1513 Country Lane East, Country Lane, Lot 7 (Lois Quale, A00-09)(PLD) The applicant has requested annexation to receive City water and sewer service. The property at 1513 Country Lane East will have a Land Use Plan designation of Residential Low and zoning of Low Medium Density Residential (LMDR). The Community Development Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 7 Country Lane Subdivision in Section 8-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6539-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6539-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6540-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6540-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6541-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6541-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #6542-00, #6543-00 & #6544-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose & Beverly Jordan, A00-08)(PLD) The applicant has requested annexation to receive City garbage collection service. The property at 1224 Stockton Drive will have a Land Use Plan designation of Residential Low and zoning of Low Medium Density Residential (LMDR). The Community Development Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 9, Block C, Stevenson’s Heights in Section 10-29S-15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6542-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6542-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6543-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6543-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6544-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6544-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #6545-00, #6546-00 & #6547-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office/Retail & Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of Realtors, A00-07)(PLD) The applicant has requested annexation to provide a simplified development process. The 1.76-acre property at 1545 South Belcher Road will have a Land Use Plan designation of Residential/Office/Ret il and zoning of Commercial (C). The Community Development Board endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential/Office/Retail and Zoning Atlas Amendment to Commercial (C) for M&B 33/05 and 33/07, Section 19-29S-16E. The motion was duly seconded and carried unanimously. The City Clerk presented Ordinance #6545-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6545-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Clerk presented Ordinance #6546-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6546-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6547-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6547-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #13 - Downtown Master Plan a) Downtown Redevelopment Project Term Sheet Charles Siemon, of Siemon & Larsen, reviewed the Downtown Redevelopment Project Term Sheet, which describes the private and public components of the proposal. He said the plan includes 1,200 residential units, a multiplex cinema, retail, restaurants that feature water views, 20,000 square feet of meeting rooms, and a hotel on the Calvary Baptist Church site, after the church relocates. The new Main Library will include additional civic space. The City Hall Parcel will be combined with the some of the church property for residential, retail along Osceola, and a parking garage. New development will be limited to current levels, with the exception of the Tavern on the Bluff, and will replace surrounding asphalt with a park. The lease is for 99 years at $1/year with the developer responsible for operations and maintenance of the project west of Osceola. All common areas will remain open to the public. At year 51, the rental rate will increase and be offset by a credit for maintenance performed by the developer. Term Sheet definitions: a) Additional Tax Increment - tax increment paid to CRA (Community Redevelopment Agency) from time to time less existing tax increment on July 11, 2000, & less future tax increment previously committed by CRA to the IMRglobal Project; b) Bayfront - portion of lands west of Osceola between Pierce & Drew depicted on Exhibit 1 (of the Term Sheet); c) Bayfront Park Improvements - improvements to Bayfront depicted in Master Plan of Development, including removal of existing pavement & installation of landscaping material & waterfront promenade; d) City Hall Parcel - land on which existing City Hall & City Hall parking lot are located; e) Civic Space Project - addition to new Main Library with 17,000 square feet of office floor area, an auditorium that seats 155 persons & is comparable in access, finishes, & equipment to existing City Hall, plus 10,000 square feet of flexible meeting room floor area; f) Cleveland Streetscape Improvements - sidewalk, median, & landscape improvements on Cleveland Street between Osceola & Myrtle; g) Community Redevelopment Project Public Improvements - public improvements identified in Master Plan of Development: 1) Bayfront Park; 2) Osceola Place; 3) Botanical Garden; 4) Civic Space Project; 5) the Grand Steps; 6) Cleveland Streetscape Improvements; 7) Cleveland Square; 8) Memorial Causeway Bridge Pier; 9) Osceola Streetscape Improvements; 10) parking garage open to public on block surrounded by Ft. Harrison, Drew, Osceola, & Cleveland; 11) parking garage open to public on City Hall parcel; 12) parking garage open to public on Station Square Parking Lot Parcel; 13) Station Square Park improvements; & 14) any other public improvements shown on the Master Plan of Development, except for conservatory; h) Fort Harrison Parcel - any City-owned land in block surrounded by Fort Harrison, Drew, Cleveland, & Osceola; i) Harborview Parcel - parcel of land on which existing Harborview Center structure is located & area immediately north & west of Harborview structure along Osceola Street as depicted in Master Plan of Development; j) Library Parcel - 40,000 square feet of useable floor area on ground floor of new Main Library site as depicted in Master Plan of Development; k) Master Plan of Development - concept plan prepared by de Guardiola/ Renaissance - Exhibit 2 (of the Term Sheet); l) Memorial Causeway Bridge Pier Parcel - portion of existing Memorial Causeway bridge depicted in Master Plan of Development for redevelopment as a pier with kiosks, a restaurant, & marina; m) New Main Library - newly constructed library with 40,000 square feet of restaurant & retail floor area at ground level, at least 55,000 square feet of library floor space, & Civic Space Project within building’s footprint southwest of Drew & Osceola intersection as depicted in Master Plan of Development; n) Osceola Place - public park in Master Plan of Development located on top of Clearwater Bluff between Harborview & Library Parcels; o) Priority Public Improvements - first, second, & third priority public improvements; p) Stage 1 - at a minimum, elements of private development depicted in Master Plan of Development within area bounded by the Bayfront, Cleveland, Fort Harrison, & Drew; q) Stage 2:- at a minimum, private development depicted in Master Plan of Development within area bounded on the west by the Bayfront, on the south by Calvary Baptist Church property south of Pierce Street, on the east by Osceola, & on the north by Calvary Baptist Church; r) Station Square Parking Lot Parcel - municipally owned parking lot east of Station Square Park on Cleveland Street’s north side; & s) Tavern on the Bluff Parcel - right to construct a restaurant in Osceola Place with footprint of not more than 7,500 square feet in location depicted in Master Plan of Development, together with right to provide outdoor café seating on common areas adjacent to restaurant, & public amenities such as public restrooms & other similar conveniences. According to current negotiations, the Term Sheet states: 1) definitions; 2) City shall lease Fort Harrison Parcel, Tavern on the Bluff Parcel, Harborview Parcel, City Hall Parcel, Library Parcel, Memorial Causeway Bridge Pier Parcel, & Station Square Parking Lot Parcel to de Guardiola/ Renaissance for a term of 99 years at a rent of $1/year; 3) Commencing in 50th year of lease term for the City lands, de Guardiola/ Renaissance shall pay additional rent to the City in an amount equal to 7.5% of the assessed value of the land for the Fort Harrison Parcel, Tavern on the Bluff Parcel, Harborview Parcel, City Hall Parcel, Library Parcel, Memorial Causeway Bridge Pier Parcel, & Station Square Parking Lot Parcel. Where any parcel leased to de Guardiola/ Renaissance is used jointly for public & private purposes, de Guardiola/ Renaissance shall pay rent only for that portion of the parcel which is private; 4) at City option, terms of the leases may be for 60 years, provided upon the end of the leases’ term, the City shall pay de Guardiola/ Renaissance the fair market value of private improvements then located on the leased parcels, assuming a 40-year useful life. Should the City select the 60-year term, additional rent provided for in paragraph 7, shall commence in the 31st year; 5) de Guardiola/ Renaissance shall construct the New Main Library for the City and shall be reimbursed by the City for all hard and soft construction costs for those portions of the building which are not part of the Civic Space Project or the 40,000 square-feet of retail & restaurant floor area. De Guardiola/ Renaissance shall engage the design services of the City’s selected architect for the new main library project; 6) de Guardiola/ Renaissance shall ensure that common areas of the Fort Harrison Parcel, Tavern on the Bluff Parcel, Harborview Parcel, City Hall Parcel, Library Parcel, Memorial Causeway Bridge Pier Parcel, & Station Square Parking Lot Parcel are open to the public at all times, subject to reasonable security, operational, & maintenance considerations; 7) de Guardiola/ Renaissance shall be responsible for operation & maintenance of common areas depicted in the Master Plan of Development which are west of Osceola except for: a) set-up & clean-up after events promoted in common areas by public or private entities other than de Guardiola/ Renaissance; b) costs associated with any special gardens involving unique or rare plant material which may be included in the botanical garden; c) the conservatory; and d) any public improvements not depicted in the Master Plan of Development. De Guardiola/ Renaissance shall be entitled to a credit against its rent obligations for costs incurred by de Guardiola/ Renaissance for operation & maintenance of common areas west of Osceola. In the event that annual costs for operations & maintenance exceeds de Guardiola/ Renaissance’s annual rent obligations, excess credit shall be carried forward to future years & 7.5% interest shall be imputed to such carry forward. In the event that excess rent credit carried forward exceeds de Guardiola/ Renaissance’s total rent obligations, the City shall have no obligation to repay de Guardiola/ Renaissance for such unused credits; 8) de Guardiola/ Renaissance shall provide sufficient parking spaces in the development of the Station Square parking Lot Parcel to replace the number of existing surface parking spaces; 9) de Guardiola/ Renaissance shall, at a minimum, carry out, or cause to be carried out development of public & private improvements depicted in the Master Plan of Development, including a multiplex cinema, not less than 1,200 residential units, the Tavern on the Bluff, renovation of street retail in the 400 block of Cleveland, all required public parking, & all Community Redevelopment Project Public Improvements; 10) de Guardiola/ Renaissance shall file application for all required permits & approvals for Stage 1 within 12 months of execution date of leases with the City for Tavern on the Bluff Parcel, Harborview Parcel, City Hall Parcel, Library Parcel, Memorial Causeway Bridge Pier Parcel, & Station Square Parking Lot Parcel. De Guardiola/ Renaissance shall commence construction within 6 months of the issuance of all permits or approvals required for construction of Stage 1, subject only to conditions of force majeure; 11) de Guardiola/ Renaissance’s obligation to construct Public Improvements is subject to the issuance of permits from local, State, & Federal governments; 12) de Guardiola/ Renaissance’s obligation to construct the Cleveland Streetscape improvements shall be subject to limitations imposed by FDOT (Florida Department of Transportation) until Cleveland Street has been de-designated as SR 60; 13) de Guardiola/ Renaissance shall commence construction of Stage 2 as soon as practicable after de Guardiola/ Renaissance takes possession of all private property within Stage 2 boundaries; 14) de Guardiola/ Renaissance shall be responsible for providing adequate parking to serve development contemplated in the Master Plan of Development including the new Main Library; 15) City shall use its best efforts to secure the de-designation of Cleveland Street as SR 60 as soon as possible; 16) City shall reimburse de Guardiola/ Renaissance for public improvements to the Bayfront which are constructed by de Guardiola/ Renaissance with the $2-million of Penny for Pinellas funds previously designated for the Bayfront Park; 17) City shall reimburse de Guardiola/ Renaissance for public improvements to new Main Library, other than Civic Space project, with funds previously designated for design & construction for the new Main Library; 18) CRA shall reimburse de Guardiola/ Renaissance for Community Redevelopment Project Public Improvements with Additional Tax Increment, subject to conditions: a) CRA shall not reimburse de Guardiola/ Renaissance for any public improvements with Additional Tax Increment until Additional Tax Increment is used or committed for Priority Public Improvements which reimbursement shall be in priority order: 1) Civic Space Project; 2) Cleveland Streetscape Improvements; and 3) Bayfront Park Improvements; b) as a condition precedent to reimbursement, de Guardiola/ Renaissance shall provide City with a sworn statement of costs incurred by de Guardiola/ Renaissance in an amount equal to any reimbursement requested by de Guardiola/ Renaissance; c) except for Priority Public Improvements, de Guardiola/ Renaissance shall have the discretion to prioritize the construction of Community Redevelopment Project Public Improvements to coordinate public & private improvements provided for in the Master Plan of Development in a logical & efficient manner; and d) compliance with all requirements under Part III, Chapter 163 Florida Statute (1999); 19) City shall grant de Guardiola/ Renaissance a license to use the Amphitheater: a) for presentation of 60 commercial entertainment productions on at least 60 days and b) first right of refusal for any additional dates not used by the City or other public or non-profit entity for the presentation of additional commercial entertainment productions; 20) City shall provide de Guardiola/ Renaissance with taxable industrial development revenue bond financing for revenues guaranteed or otherwise secured by de Guardiola/ Renaissance up to a maximum $25-million; 21) CRA shall provide de Guardiola/ Renaissance with tax free tax increment bond financing based on the Additional Tax Increment; 22) when requested by de Guardiola/ Renaissance, City & CRA shall use their best efforts to assist de Guardiola/ Renaissance in regard to required permits, approvals, grants, or other assistance from other agencies of government; and 23) City shall undertake all necessary & appropriate steps to establish a special assessment or other revenue sources to pay for the Amphitheater building & the Conservatory & any other public improvements which would enhance the success of the development proposed in the Master Plan of Development. Mr. Siemon said the developer has accepted all related financial risks. The City will invest Penny for Pinellas funds previously set aside for the new Main Library and bayfront renewal. The City’s selected library architect will be used. The CRA (Community Redevelopment Agency) will reimburse the developer for public improvements from the tax increment generated by development. The City will help the developer obtain bonds to construct parking garages but will not be responsible for their repayment. The developer has agreed to commence construction of Phase 1 within one year of contract agreement. He said it is important the City avoid unintended financial obligations. He said the project will add significant taxable value as some public land would have taxable uses. George de Guardiola, of de Guardiola/Renaissance, said the project will provide a place of permanence. Ideas gathered from City residents were incorporated into the plan. He said the redevelopment will not cost the City anything nor require additional taxes. The Commission recessed from 7:09 to 7:24 p.m. Thirty-eight citizens spoke regarding the proposed redevelopment; 26 supported the plan, 10 opposed it, and 2 had questions and comments. The City Attorney said the related ordinance applies only to the development proposed tonight and not to any future proposals. Until referendum items are approved, the City Commission does not have the authority to negotiate contracts related to this plan. Staff cannot handle this complex deal, which requires a City representative with significant experience with development and this type of agreement. She said Mr. Siemon is Clearwater’s attorney and represents the City in negotiations with de Guardiola/ Renaissance. Contract negotiations are estimated to cost $0.5-million for Mr. Siemon’s work plus many hours of staff time. Mr. Siemon said the City’s title to its land cannot be subordinated. The Term Sheet is a statement of principals submitted to the City, not a contract. Negotiations will continue after the July 11, 2000, referendum. The Term Sheet contains the agreement’s principal terms. Legally enforceable documents and remedies will implement terms when the City Commission grants authority to pursue an agreement. The developer agreed to a buy back provision if the lease is limited to 60 years. Otherwise, the subject properties will revert to the City at the end of 99 years. In response to a question, Mr. Siemon said the entire project will be ADA (Americans with Disabilities Act) compliant. Hardscape at the end of Drew Street will provide an access point to the waterfront. Mechanical conveyances from the top of the bluff are under consideration. The City will not be an obligee for proposed bonds. In case of default or death, the final documents will contain first rights of assignment, subject to City Commission approval. The City will have a device to control a defaulted estate through an option to assign the project to a developer of choice. Proposed taxable bonds will depend on revenue generated by the parking garages and will not obligate the City. In response to a question, he reviewed the tax increment, noting increased taxes, beyond CRA receipts, will support a number of local tax authorities. The project also will generate revenue from utility surcharges and economic prosperity that will enhance the entire City. Mr. Siemon said if no development occurs, the decline of Cleveland Street and downtown will accelerate. In response to a question, he said the developer cannot hold onto property purchase options for a year if the referendum is delayed. In response to a question, he said he had worked on this process for 2.5 years. It was stated the City Hall needs replacement. It was indicated by the end of April, the Harborview Center operation was $1.7-million in the red. The facility also soon will need a new roof and air conditioning system. The redevelopment project will quadruple the size of the bayfront park and result in a bustling and lively downtown. The developer has held more than 20 focus groups to gather input for the project and met with more than 2,000 people. More meetings are planned. The City Commission will not use condemnation or eminent domain to ensure project success. No ad valorem taxes will be used. The project relieves the City of capital obligations downtown and can use those funds elsewhere in Clearwater. It was said the project will reduce neighborhood tax burdens related to the downtown core. It was said the project will provide a catalyst for economic development and provide a heart and soul to downtown. It was stated the project is necessary to ensure a dynamic City. The resulting contract document will protect the City. In response to a question, Mr. Siemon said preparation of the legal documents will begin July 12, 2000, if the referendum is successful. It was noted the referendum will only provide citizen permission to proceed to the next stage of negotiations. The de Guardiola/Renaissance partners were complimented for their hard work, creativity, research skills, and business acumen. It was stated the City Commission takes its fiduciary responsibility seriously. A “yes” vote on the referendum will begin the arduous process of detailing the agreement. It was recommended staff provide more information during the referendum process and encourage input. A list of concerns was presented. It was stated without redevelopment, the City will die. Approval at the referendum is necessary for further action. It was noted the CRA has tried to attract business downtown. It was felt a 99-year lease is a waste of money for valuable property. It was stated previous referendums related to bluff development had failed. Support for the project was expressed if residents approve the referendum. It was noted other cities have incurred large debts to redevelop their downtowns. While not everyone supports every part of the plan, it was recommended residents consider the big picture and how the project will affect posterity. In response to a question, the City Attorney said expending funds to negotiate an agreement before the citizens grant permission for the project would be pointless. Inclusion of the Main Library was supported. It was stated the project will encourage pedestrian movement downtown. It was stated the time is right to move forward with the project to avoid further deterioration. The importance of answering all legitimate questions was stated. Citizens were asked to maintain an open mind regarding the project. It was stated the tax increment will be distributed to the developer as a reimbursement, after required paperwork is submitted. The City Attorney said the second reading is scheduled for May 23, 2000. Commissioner Hooper moved to receive and affirm the Downtown Redevelopment Project Term Sheet distributed May 18, 2000. The motion was duly seconded and carried unanimously. b) First Reading Ord. #6559-00 - Calling for Special Election; submitting to city electors a proposed amendment to the City Charter to add Subsection 2.01(d)(8) for purpose of authorizing development and redevelopment of certain municipally owned real property located in downtown, leasing of certain properties for maximum lease term of 99 years, and construction of certain improvements in that area west of Osceola Avenue between Drew Street & Pierce Street lying below the 28' mean sea level elevation; providing for a referendum election The City Attorney distributed Exhibit B to Ordinance #6559-00, in reference to the seven properties to be leased by the City. Exhibit A to Ordinance #6559-00 is the conceptual Master Plan. Commissioner Clark moved to call for a Special Election; submitting to City electors a proposed amendment to the City Charter to add Subsection 2.01(d)(8) for purpose of authorizing development and redevelopment of certain municipally owned real property located in downtown, leasing of certain properties for maximum lease term of 99 years, and construction of certain improvements in that area west of Osceola Avenue between Drew Street & Pierce Street lying below the 28' mean sea level elevation; providing for a referendum election. The motion was duly seconded. Commissioners Clark, Hooper, Hart and Mayor Aungst voted “Aye”; Commissioner Johnson moved “Nay.” Motion carried. The City Attorney presented Ordinance #6559-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6559-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. c) Res. #00-22 - Submitting to City electors a referendum question authorizing issuance of revenue bonds for constructing and furnishing the new Main Library, constructing future library, civic or municipal space; providing for referendum election Commissioner Johnson moved to submit to City electors a referendum question authorizing issuance of revenue bonds for constructing and furnishing the new Main Library, constructing future library, civic or municipal space; and providing for referendum election. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-22 and read it by title only. Commissioner Hart moved to pass and adopt Resolution #00-22 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #14 - (Cont’d from 5/4/00) Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including amendments to future land use, transportation/traffic circulation, housing, utilities, coastal zone management, conservation, recreation and open space, intergovernmental coordination, and capital improvements elements; making substantive changes as recommended in the Evaluation and Appraisal Report (EAR) The City Attorney presented Ordinance #6214-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6214-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-21) – Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and to vote on the item individually. ITEM #15 - Approval of Purchases per Purchasing Memorandum: 1) Bell Chevrolet, two 2000 Chevrolet ½ ton pickup trucks, $31,526 (GS) 2) Vermeer Southeast Sales, one Vermeer Model D7X11A directional boring machine system with trailer, $77,250; financing to be provided under City's Master Lease-Purchase Agreement (GS) 3) J.D. Swearingen Equipment Co., one New Holland tractor with Motrim slope mower, $57,110.28; financing to be provided under City's Master Lease-Purchase Agreement (GS) 4) Dell Marketing L.P., computer hardware (optiples tower - 4 ea., precision workstation - 4 ea., workstation 733 - 1 ea., & latitude laptop - 2 ea.), $32,053; financing to be provided under City's Master Lease-Purchase Agreement (IT) 5) L & S Custom Coach, one Traffic Homicide Vehicle, $93,100; financing to be provided under City's Master Lease-Purchase Agreement (PD) ITEM #16 - Approve $165,000 expenditure & authorize City Manager to execute contract & license supplement for purchase of Computer Telephony Integration System, from SFG Technologies, Inc.; approve $26,218 expenditure to Sprint Telephone of Florida, to upgrade & expand Meridian phone switch which services the MSB; approve 5-year interfund loan from Central Insurance Fund for $165,000 (SBS) ITEM #17 - Authorize funding capital project "SPJC Field Site Development" with additional $47,997 to be provided by a Third Quarter budget amendment from unappropriated retained earnings of the General Fund (GS) ITEM #18 - Amendment to Waiver Agreement with Meristar Hotels and Resorts, Inc./Hilton Clearwater Beach Resort to replace shuttle boat with pontoon boat (MR) ITEM #19 - Approve transfer of funds, $38,900, for total $163,900, construction of Wood Valley Police Department Substation (PD) ITEM #20 - Amendment to agreement with Krishnan Anandan, Parks and Recreation Tennis Professional, increase term from 5/1/00 to 9/30/00 and amount from $55,000 to $90,000 (PR) ITEM #21 - Extend contract with Laub's Landscape Maintenance, Inc., 4/1/00-3/31/01, estimated $48,000 (PR) Commissioner Hooper moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #22 - Res. #00-20 - endorsing application of Project 00-0425 and committing City to refund 10% of eligible tax refund upon certification by Enterprise Florida (re Qualified Target Industry (QTI) Tax Refund Program)(ED) Florida Statutes, Section 288.106, the QTI (Qualified Target Industry) Tax Refund Program, was enacted to encourage the growth of high-wage value-added employment in Florida. The law authorizes Enterprise Florida to accept, review, and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund, not to exceed $3,000 per employee, for each new job created. In any fiscal year, a QTI business may not receive refund payments greater than 25% of the total eligible taxes paid by the business as specified in the tax refund agreement. Project 00-0425 is designed to establish a revenue service center to consolidate its business services to a single location in the City and projects to hire 100 employees during the next two years. Local financial participation is required at a rate of 10% from the City and 10% from Pinellas County. City funding will not exceed $30,000 over 3 years. A fiscal impact is not anticipated during FY (fiscal year) 1999/00. The City Manager’s FY 2000/01 recommended budget will include funding for this item. Pursuant to Florida Statutes, the project applicant requests to remain anonymous. Commissioner Hooper moved to endorse the application of Project 00-0425 and commit the City to refund 10% of the eligible tax refund upon certification by Enterprise Florida and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-20 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-20 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #23 - Agreement with Azurix/J&J Baker, transportation, treatment & disposal of bio-solids residuals, 5/20/00-5/19/05, estimated $3,900,000 (PW) The proposed contract will provide a safer, more efficient operation of the City’s 3 AWTP (Advanced Water Treatment Plant) facilities. In 1999, operating costs of approximately $624,000 generated 21,000 processed tons. Under this contract, the cost would have been $616,000. In the CIP, $2.5-million budgeted for continued operation of the RMF (Residual Management Facility) can be eliminated. The City’s liability for processing and transporting bio-solids residuals will cease as the contractor will assume liability at the point of loading and indemnify the City. FDOT (Florida Department of Transportation) requires submission of an agreement signed by responsible officials of both parties for indemnification of the City. Staff operating the RMF will be reassigned to other department positions. The City can declare equipment used only to operate the RMF as surplus or assign it to other departments. Labor and operating supply costs increase annually. This contract locks in a price per ton to process City residuals for the next 5 years. In response to a question, Public Works Administrator Mahshid Arasteh said the current facility will be closed and its 3 operators will be reclassified and transferred to positions required by increased regulations. She said it is less expensive to contract the work than for the City to do it. Commissioner Hooper moved to award a contract to Azurix North American Residuals Management, Inc., Punta Gorda, Florida, in the estimated amount of $3.9-million for the transportation, treatment, and disposal of bio-solid residuals during the contract period May 20, 2000 through May 19, 2005, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #24 - First Reading Ord. #6561-00 - Relating to utilities; amending Sec. 32.159 (water use restrictions, enforcement, penalties) to conform with Pinellas County regulations during times of declaration of water shortage condition or emergency (PW) According to this amendment, the City will follow the same water use restrictions as adopted by Pinellas County, including authorized hours. This change will eliminate City resident confusion due to varied restrictions. In the future, water use restrictions, enacted by Pinellas County, will automatically be effective in Clearwater. Commissioner Johnson moved to amend Sec. 32.159. Water Use Restrictions, to be consistent with water use restrictions adopted by Pinellas County. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6561-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6561-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #25 - Approve concept of land swap with Calvary Baptist Church for Chesapeake Park pending passage of referendum authorizing same (PR) The City’s Chesapeake Park on McMullen-Booth Road has a 300-foot softball field, restrooms, and a playground. Predominant use of the 4.9-acre park is for adult and youth softball. Calvary Baptist Church recently acquired property on the southwest corner of McMullen-Booth Road and Drew Street, adjacent to Chesapeake Park and plans to relocate to this site. Calvary Baptist Church wants to trade a vacant 5-acre parcel on Drew Street at Hampton Road for the Chesapeake Park land. The vacant parcel, on the north side of Drew Street, west of Eisenhower Elementary School, is conveniently linked to the Eddie Moore Softball Complex for maintenance and tournaments by a portion of the East/West Trail. On February 3, 2000, Frost Appraisal and Market Consultants, Inc., completed appraisals on both sites. The City’s parcel was value forecasted at $560,000, while the church’s parcel was value forecasted at $580,000. Staff has reviewed the site and estimates 2 softball fields can be developed, one 300 feet and one 200 feet. Calvary Baptist Church has agreed to pay the City an amount not to exceed $330,000 to construct on the new site a replacement 300-foot softball field and the same amenities that are at Chesapeake Park. Staff estimates this amount is sufficient to complete the task. Additional funding of approximately $160,000 would be needed to construct an additional 200-foot softball field. Staff requests approve to proceed with a referendum for transfer of Chesapeake Park as recreation/open space under Section 2.01 d5v. The church has agreed to allow the City to maintain and operate the Chesapeake Park field for 3 to 4 years until the church begins construction of this area. The land swap would take place upon passage of a referendum. Church funds will be provided when the new ball field is needed. Staff recommends the land swap: 1) development of two softball fields on the north side of Drew Street would total 9 fields at the Eddie Moore Softball Complex; 2) confining all maintenance operations to the north side of Drew Street would improve staff safety; 3) the East/West trail would connect the 3 areas; 4) playing conditions would be upgraded; 5) participant accessibility would be improved; and 6) possible partnership with the Pinellas County School Board to use Eisenhower Elementary property exists. It was requested staff detail the proposed placement of two fields on the subject property. The City Attorney said this item authorizes staff to go forward with the transfer. In the future, the City Commission will be asked to approve the contract that effectuates the swap. Concern was expressed the proposal will remove land from the tax rolls. Commissioner Clark moved to approve the concept of a land swap between Calvary Baptist Church and the City for Chesapeake Park, pending the passage of a referendum authorizing same. The motion was duly seconded. Commissioners Clark and Hooper and Mayor Aungst voted “Aye”; Commissioners Johnson and Hart voted “Nay.” Motion carried. ITEM #26 - Res. #00-23 - Submitting to city electors a referendum question authorizing transfer of real property known as Chesapeake Park to Calvary Baptist Church in exchange for real property of comparable value under Charter Sec. 2.01(d)5(v); providing for referendum election The City Attorney presented Resolution #00-23 and read it by title only. Commissioner Hart moved to pass and adopt Resolution #00-23 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The Commission recessed from 10:14 to 10:24 p.m. ITEM #27 - Agreement with Public Enterprise Group, act as Clearwater's agent in exploring partnership opportunities & negotiating corporate partnerships, for amount not to exceed $40,000 of which $30,000 is recoverable with future agreements (SFS) The selection committee evaluated 3 proposals submitted in response to the City’s Public/Private Partnership RFQ, and recommends PEG (Public Enterprise Group) as most qualified to act as Clearwater’s agent in exploring and negotiating corporate partnerships. Staff intends to authorize PEG to identify and negotiate agreements with appropriate corporate partners. PEG will solicit and negotiate with these corporations seeking to maximize resources of cash and in-kind to Clearwater without increasing taxes. In exchange, the City will offer corporations a package of partnership benefits to provide exclusive vending and marketing rights to municipal properties. Experience with similar cities, Huntington Beach and Garden Grove, California, has yielded revenues of $6-million and $1.6-million respectively over 10-year agreements. Staff expects the City can receive between $200,000 and $300,000 annually and recommends dedicating the first $200,000 to the Fire Department if a long term contract can be signed. The City will pay PEG $12,000 to defray the cost of expenses associated with bringing forward a contract, which is structured so that PEG receives commission on revenue generated to the City at a rate of 12% for cash revenue and 5% for non-cash revenue to be paid for the life of each agreement. The consultant will submit for City approval a list of business entities that could become partners and marketing plans for each partnership package. The City Commission retains control throughout the entire process and shall have no obligation to pay consultant commissions for denial of any proposed partnership agreement even if the City previously had approved the marketing plan. The partnership will be developed so that the City never gives the perception of selling out but is credited for innovated thinking that enhances Clearwater’s image and stature. Strategies for Success Director Garry Brumback said the agreement has been changed to a flat rate of $12,000 for expenses incurred. The commission of 12% for cash revenues, and 5% for in-kind revenues from contracts to be negotiated remains unchanged. No agreements will result in the commercialization of Clearwater. Agreements related to scoreboards, soda machines, etc. already exist. He estimated the City could receive $250,000 annually from related contracts. The firm is professional, has the ability to bundle assets and determine value, and has skills necessary to negotiate the best deal for Clearwater. In-house attempts have proved unsuccessful. The City will not relinquish control of any asset. The City Commission must approve all prospects, all advertising, and all aspects of every deal. Staff was congratulated for heeding a previous Commission objection, and negotiating a 70% reduction in up-front costs. In response to the Fire Task Force’s challenge that the City Commission find other revenue sources, support for designating most revenues to the Fire Department was stated. It was felt the Fire Department should not rely on an unproved revenue stream. Concern was expressed the City’s Parks & Recreational facilities not be commercialized. Concern was expressed the agreements would limit the City’s ability to promote other venues such as Jazz Holiday. Mr. Brumback said staff will educate special venue sponsors regarding the program. The City’s relationship with Jazz Holiday will not be affected. It was stated the Commission will control the entire process, which will provide a new source of funds for the City. Commissioner Hooper moved to approve a contract with Public Enterprise Group to act as Clearwater’s agent in exploring partnership opportunities and negotiating corporate partnerships for an amount not to exceed $12,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Clark and Hooper and Mayor Aungst voted “Aye”; Commissioners Johnson and Hart voted “Nay.” Motion carried. ITEM #28 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #29 - First Reading Ord. #6558-00 - Amending Sec. 1.12, Code of Ordinances, to revise provisions for code violations, enforcement and penalties and to amend fine schedule Amendments to Section 1.12 clarify what types of violations are punishable by imprisonment, not exceeding 60 days, and enforceable only by police officers. Proposed amendments also will incorporate amendments adopted in 1999 by the Florida legislature, which affect procedures used by code enforcement officers to enforce ordinance violations in county court. Amendments to the City’s fine schedule will reflect amendments to the County’s Uniform Fine Schedule recently adopted by the Pinellas County Court. Commissioner Clark moved to amend Section 1.12(1), Code of Ordinances, to include violations of Section 3-1508 and violations of Chapter 21 within the violations punishable by a fine not to exceed $500, or imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment; to amend Section 1.12(3) to exclude Chapter 15, Section 3-1508, and Chapter 21 from the violations that may be enforced by code enforcement officers in accordance with procedures outlined in Section 1.12(3); to amend Section 1.12(3)(b) to specify the time within which a violator has to correct a violation and to authorize a code enforcement officer to issue a citation immediately if the violation is of an itinerant or transient nature; and to amend the fine schedule in Section 1.12(3)(d). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6558-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6558-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #30 - Other City Attorney Items The City Attorney reported the City will refund approximately $70,000 in Interim Proprietary and General Services Fees collected before the fee was canceled. Most refunds will be small, although one is estimated to be $33,000. ITEM #31 - City Manager Verbal Reports – None. ITEM #32 - Other Commission Action Commissioner Johnson questioned the purpose for a letter from the marina restaurant. The City Manager said the restaurant is required by lease to advise the City when it closes, even for vacation. Commissioner Johnson questioned distributed information regarding pruning palms. It was indicated the information was forwarded to Parks & Recreation in response to resident concerns regarding City trimming methods. Mayor Aungst wished Duke Tieman a speedy recovery. Mayor Aungst invited residents to attend the Town Hall Meeting at Countryside High School on May 22, 2000. ITEM #33 - Adjournment The meeting adjourned at 10:45 p.m.