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07/07/2022 - SpecialThursday, July 7, 2022 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Special Meeting Agenda - Final Special Council Meeting July 7, 2022City Council Special Meeting Agenda - Final Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (July 6) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Citizens to be heard re items not on the agenda Public Hearings - Not before 6:00 PM 3. City Manager Reports 4. City Attorney Reports 4.1 Call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. 5. Closing comments by Councilmembers (limited to 3 minutes) 6. Closing Comments by Mayor Page 2 City of Clearwater Printed on 7/1/2022 July 7, 2022City Council Special Meeting Agenda - Final 7. Adjourn Page 3 City of Clearwater Printed on 7/1/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0671 Agenda Date: 7/7/2022 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. SUMMARY: On May 5, 2022, City Council directed the City Manager and City Attorney to take all necessary actions to identify a redevelopment concept and team(s) for the former City Hall site and former Harborview Center site to present to Clearwater voters for consideration at a November 8, 2022, referendum. Staff recommended disposition of the properties through an open call for development concepts and adoption of a development agreement to better define and manage the long-term redevelopment of the sites. The City of Clearwater has adopted a community redevelopment plan entitled the 2018 Clearwater Downtown Redevelopment Plan, which contemplates the area generally referred to as Downtown Clearwater as a community redevelopment area. Pursuant to Florida Statute § 163.380(3)(a), the City released a Call for Development Concepts #28-22 by publication in a newspaper having a general circulation in Clearwater, Florida. The solicitation closed on June 9, 2022. The solicitation was designed to identify opportunities to redevelop the former City Hall, which is unoccupied, and the former Harborview Center, which is vacant land. Both properties are located within the downtown core, and within the community redevelopment area. After reviewing each of the three responses, on June 16, 2022 the City Council unanimously selected Gotham Property Acquisitions and The DeNunzio Group as the City’s development partners for these properties. When selling city property, the Clearwater City Charter normally requires the City to sell the property to the highest bidder at a public auction. Although the City can impose terms Page 1 City of Clearwater Printed on 7/1/2022 File Number: ID#22-0671 or restrictions relating to bidding, a public auction could result in the purchase of these properties by a person or entity who would leave the properties vacant, or use the properties in a way that is undesirable for Clearwater residents. In addition, a public auction leaves the City with no mechanism, subsequent to the sale, to compel the buyer to design their property in a certain way, or advance their plans in a timely manner. Instead of conducting a public auction, the ordinance proposes an amendment to the City Charter whereby the City will be allowed to enter into a purchase and development agreement with Gotham and DeNunzio. This ordinance, if approved by Council and by voters, will allow the City and voters to have certainty as to the identity of the purchaser, and the purchaser’s plan for the properties. The proposed Charter amendment confers this authority only as to the two properties described in the ordinance. Page 2 City of Clearwater Printed on 7/1/2022 Ordinance No. 9597-22 ORDINANCE NO. 9597-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON NOVEMBER 8, 2022; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER TO ALLOW THE CITY TO NEGOTIATE THE REDEVELOPMENT AND SALE OF CERTAIN UNOCCUPIED DOWNTOWN PROPERTY IN THE DOWNTOWN CORE FOR THE PURPOSE OF CREATING A VIBRANT, MIXED USE DEVELOPMENT CONSISTING OF MULTI-FAMILY HOUSING, HOTEL, AND COMMERCIAL SPACE INCLUDING RESTAURANT DINING, CAFES, AND EVENT SPACE ACTIVATING THE AREA ADJACENT TO COACHMAN PARK. WHEREAS, Clearwater’s former City Hall, which is located on a portion of 112 S. Osceola Avenue, has remained a vacant structure since January 2019; and WHEREAS, a new City Hall is planned for construction near the intersection of S. Myrtle Avenue and Pierce Street; and WHEREAS, the unoccupied property contributes no taxable value to the City, nor does it provide housing, jobs, or amenities for Clearwater residents; and WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine Clearwater plan for Coachman Park, which identified potential complementary redevelopment of certain downtown core properties adjacent to Coachman Park; and WHEREAS, the site of the former Harborview Center, which was located at 320 Cleveland Street, is a vacant property as defined by the Pinellas County Property Appraiser; and WHEREAS, the property on which the former Harborview Center was located is being re-addressed to 50 N. Osceola Ave.; and WHEREAS, the former Harborview Center also contributes neither taxable value nor housing, jobs, or amenities for Clearwater residents; and WHEREAS, the Clearwater City Council would like to stimulate downtown redevelopment for the benefit of all Clearwater residents; and WHEREAS, Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are willing and financially able to purchase both properties for the purpose of creating multi-family housing and amenities at the unoccupied City Hall site, and a full-service hotel, retail, dining, and event space at the site of the former Harborview Center; and 2 Ordinance No. 9597-22 WHEREAS, the City Council on June 16, 2022, unanimously selected Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC, as the City’s development partners following a competitive process under the Community Redevelopment Act; and WHEREAS, the City Council has determined that Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are committed to the long-term success of this project and downtown Clearwater; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property, contains certain restrictions on the Council's authority to sell or transfer City owned real property; and WHEREAS, those restrictions require the City to publicly auction the property to the highest bidder who meets the terms established by Council; and WHEREAS, the Clearwater City Council would like to ensure that the buyer of the unoccupied City Hall site and vacant site of the former Harborview Center develops the property in a way that provides long-term housing, jobs, and amenities for Clearwater residents; and WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. In furtherance of the implementation of the project described in both the prefatory clauses and Section 3 of this ordinance, it is hereby proposed that Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as follows: Section 2.01 Commission; composition; powers. * * * * * (d) Limitations. The legislative power provided herein shall have the following limitations: * * * * * (8) Notwithstanding and as an exception to anything contained in section 2.01 herein, the City Council is authorized to: 3 Ordinance No. 9597-22 (a) Negotiate and enter into purchase and development agreements with Gotham Property Acquisitions, LLC, The DeNunzio Group, LLC, or their affiliated entities for the purpose of redeveloping two properties in the downtown core, said properties being more particularly described as follows: i. A portion of parcel identification number 16-29-15-20358-001-0040, known as the “Old City Hall Parcel,” not to exceed 2.7 acres in size. ii. A portion of parcel identification number 16-29-15-57996-000-0030, known as the “Former Harborview Site,” not to exceed 1.5 acres in size. (b) The agreements described in subparagraph (a) must include, at a minimum, the following enforceable provisions: i. As to the site of the former Harborview Center, retail and dining amenities that remain accessible to Clearwater residents and visitors. ii. As to the former City Hall site, multi-family housing that remains available for rent to the general public. iii. As to both sites, thoughtful and measurable sustainability provisions for environmental stewardship. iv. As to both sites, project timelines that offer reasonable assurance of timely completion. v. As to both sites, a long-term prohibition against any development of self- storage facilities and light assembly, even if such uses would otherwise be permissible within the downtown core. Section 3. A City election is hereby called and will be held on November 8, 2022, for the consideration by the voters of the City of Clearwater of the proposed Charter Amendment. The question to appear on the referendum ballot shall be as follows: Redevelopment of two government-owned properties located west of Osceola Avenue in the downtown core Shall the Clearwater City Charter be amended to allow the City, instead of selling the vacant City Hall and a portion of the former Harborview sites to the highest bidder at a public auction, to sell the properties to Gotham Property Acquisitions and The DeNunzio Group, who will create approximately 600 units of multi-family housing, a 158-key hotel, and retail amenities available to all Clearwater residents, as further described and limited by City Ordinance 9597- 22? Yes _________ No ______ 4 Ordinance No. 9597-22 Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered in conjunction with the general election to be held on November 8, 2022. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk