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05/14/1992 MAAS BROTHERS TASK FORCE May 14, 1992 Members present: Ed Mazur, Chairperson Jim Graham, Vice-Chairperson (arrived 4:06 p.m.) John B. Johnson Hal Ebersole Stephen Saliga Wray Register Bob Bickerstaffe Gregory Jewell Debra Weible Phoebe Moss Nancy Simmons (arrived 4:06 p.m.) David Little Jackie Tobin Joshua Magidson Members Absent: Robert Kennedy Also Present: Cynthia E. Goudeau, City Clerk Sue Diana, Assistant City Clerk The meeting was called to order at 4:00 p.m. at the Clearwater Main Library. ITEM #2 - Approval of Minutes of April 9, 1992 and April 23, 1992 Member Johnson moved to approve the minutes of the April 9, 1992 meeting. The motion was duly seconded and carried unanimously. Member Tobin moved to approve the minutes of the April 23, 1992 meeting. The motion was duly seconded and carried unanimously. ITEM #3 - Presentations a) Clearwater Artists' League Robert Timoney, a member of the Artists' League, outlined the history of the club. He indicated the club has had many shows and produces a newsletter. He stated the club has no permanent meeting place and requested they be considered as a major potential tenant of the Maas Brothers site. He stated the club supports other features on this site to attract people to the area and they have been in touch with the Gulf Coast Arts Center regarding their proposal and the Arts Center has indicated there will be additional space available for other art groups. He stated, however, that the Arts Center proposal would be several years before completed and the Artists' League is ready to begin operation on short notice. He reported on the success of cooperative art centers in Alexandria, Virginia and Roswell, Georgia. He stated the basic proposal of the Clearwater Artists' League is the Maas site be used as a nucleus for an arts and crafts center. b) Clearwater Historical Society Jay Rhodes, President, presented a historical perspective of the site. He read from a Colonel Clearwater columm from 1960 indicating that mistakes had been made when Maas Brothers was allowed to purchase the property. The Historical Society's recommendation is that the site be preserved as parkland to the greatest extent possible. ITEM #4 - Discussion: Final Recommendation The Chairman indicated that the earliest the recommendation could be presented to the Commission is June 4, 1992. He stated he would envision the proposal having majority and minority opinions. He requested the Task Force members agree to wait until the Commission gets the official recommendation prior to expressing individual opinions. A concern was expressed that citizens should express their opinions and the Chairman stated he did not feel it was appropriate for the issue to be clouded by individual opinions prior to the Commission receiving the report. He indicated there is no ulterior motive on any part of the Task Force members. The Chairman indicated the recommendation will include the majority opinion and all other opinions and the decision needs to be made whether or not to address just the Maas site or the whole bluff. Questions were raised regarding the format for the statement and it was indicated this would be determined once the recommendations have been established. Member Magidson moved that regarding the Maas site that title shall be retained by the City, the building demolished and the property become a part of the larger Coachman Park and that any other uses go to referendum. The motion was duly seconded. A concern was expressed regarding how the recommendations would be explained. The Chairman indicated that a consensus of the Task Force was that a sub-committee would be appointed to put together the report and bring it back to the Task Force to discuss at its May 28th meeting. An opinion was expressed that the Maas Task Force's job was to address the Maas Brothers site only. It was felt the Task Force should not get into redeveloping downtown Clearwater and the bluff. A concern was expressed the Task Force was not following its schedule, and it was indicated at the last Task Force meeting, it was agreed there did not need to be a separate meeting regarding public redevelopment of the site and that final recommendations would be discussed at this meeting. A clarification was requested regarding the motion and Mr. Magidson indicated that his motion would be that the property be turned into a park, and even if there was to be a use of the existing building, that would go to a referendum. Discussion ensued regarding if this motion passed, a further motion could recommend that it include the art center. It was indicated this would be contradictory to the present motion. It was indicated there had been many hearings and discussions regarding the Maas Brothers property and it was felt there was a moral obligation to go to referendum on the property. There was concern that there were two distinct issues in the motion. Mr. Magidson amended his motion to be as follows: The primary recommendation of the Maas Brothers Task Force is that the City retain title to the property, that the existing structure be demolished and the property become a part of the larger Coachman Park. The seconder accepted the amendment. Discussion ensued regarding whether or not developing the property as a park was the best use of the property. An opinion was expressed that if the Maas site is developed, it will adversly impact redevelopment of the downtown area and the beach. If there is a park, the redevelopment efforts would be focused in the downtown core and the beach. An opinion was expressed that the existing building should not be demolished but should be used to bring income to the people of the City of Clearwater and that at such time as the downtown has shown redevelopment, a more permanent decision regarding use of the property could be made at that time. A question was raised regarding whether or not the motioner would add to the motion to accommodate the Florida Gulfcoast Arts Center in the plan. This was not done. Member Saliga moved to amend the motion by deleting the word primary. The motion was duly seconded. Upon the vote being taken: members Little, Bickerstaffe, Jewell, Ebersole, Moss, Tobin and Saliga voted "Aye"; members Simmons, Weible, Register, Magidson, Mazur, Graham and Johnson voted "Nay". The vote was tied, motion failed. Upon the vote being taken on the motion: members Magidson and Johnson voted "Aye"; members Simmons, Little, Register, Bickerstaffe, Mazur, Graham, Ebersole, Moss, Tobin, Weible, Jewell and Saliga voted "Nay". Motion failed. Member Johnson moved to accept the proposal of the Florida Gulf Coast Arts Center to demolish the building and erect their own structure, to extend the park and that the title to the property remain with the City. The motion was duly seconded. Discussion ensued regarding whether or not the City should retain title or whether they should maintain control of the property with a reverter clause. Discussion ensued regarding the ability of members to vote for more than one motion and concern was expressed that people were voting nay now because they were unaware of what proposals may come up in future motions. Further discussion ensued regarding whether or not the City should maintain title to the property or control through lease or buy back and reverter clause provisions. Concerns were expressed that if the City sold the property with a buy back provision, they would have to buy the property back at a higher price in the future. It was stated that a true reverter clause would automatically convert the title to the City if the property ever ceased to be the arts center and there would be no sale necessary. Concerns were expressed that the citizens have indicated they want the City to maintain control of the property. Gil McArthur, President of the Board of Trustees of the Florida Gulf Coast Arts Center, stated the arts center would be willing to purchase the property with a reversion to the City. He stated the arts center prefers to own the property in order to not be a creature of the City. He stated if they have ownership of the property, they intend to maintain it and stay with no plans to sell the property for profit at a future date. He stated the essence of control for the City is the same but the arts center does prefer to own the property. In response to a question, Mr. McArthur indicated a purchase price has not been discussed and that the arts center is simply requesting a recommendation that the City negotiate with the arts center for the property. Concerns were expressed that other issues needed to be addressed along with the proposal to recommend the City negotiate with the arts center. Upon the vote being taken: members Weible, Register, Magidson, Ebersole, Moss and Johnson voted "Aye"; members Simmons, Little, Bickerstaffe, Mazur, Graham, Jewell, Tobin and Saliga voted "Nay". Motion failed. Member Tobin moved that the Commission be encouraged to enter into negotiations with the Florida Gulf Coast Arts Center to locate their facility on the Maas Brothers property. The motion was duly seconded. Concerns were expressed that the motion needed to be more specific regarding concerns to be addressed in the negotiations with the arts center. Member Magidson moved to call the question. The motion was duly seconded and carried unanimously. Upon the vote being taken: members Simmons, Weible, Ebersole, Moss and Tobin voted "Aye"; members Little, Register, Bickerstaffe, Magidson, Mazur, Graham, Jewell, Saliga and Johnson voted "Nay". Motion failed. Concerns were expressed regarding the City loosing control of the land. Member Jewell moved that the City offer the property to commercial developers for a period of up to one year so that a tax base can be created but after one year, if no commercial developers come forward with proposals that are acceptable to the City, that the Florida Gulf Coast Arts Center be given reconsideration to relocate to that site; and that if the property does go to the arts center, it be done under a long term lease so there is income to the City and the City retains ownership. The motion was duly seconded. Discussion ensued regarding wanting to accommodate the arts center. Some opinions were expressed that the arts center would be beneficial to downtown development as it would be an attraction that would bring people into the area. Discussion also ensued regarding that there would be different recommendations if the Task Force were considering the entire bluff and not just the 3.8 acres at this time. Concern was also expressed regarding the definition of commerical development with there wanting to be some qualifiers on that term. A concern was also expressed that the Florida Gulf Coast Arts Center could not wait a year as they indicated they need to know in the near future in order to begin their planning although the development would not be complete for two or three years. A concern was expressed that the plan proposed by the City Manager has two thirds of the bluff being developed commercially. It was indicated the plan was only a concept and no decisions had been made regarding it. Member Graham moved to call the question. The motion was seconded and upon the vote being taken: members Magidson, Jewell, Moss, Tobin, Bickerstaffe, Simmons, Johnson, Graham, Weible, Register, Ebersole, Little and Saliga voted "Aye"; member Mazur voted "Nay". Motion carried. Upon the vote being taken on the motion: members Weible and Jewell voted "Aye"; members Magidson, Moss, Tobin, Bickerstaffe, Simmons, Johnson, Graham, Register, Ebersole, Saliga, Little and Mazur voted "Nay". Motion failed. Member Weible moved that the flat part of the 3.8 acres be made into an extension of Coachman Park with the bluff being considered for commercial development with the Florida Gulf Coast Arts Center to be considered as the number one priority for that development. The motion was duly seconded. Concerns were expressed regarding the definition of the flat space. It was indicated this was the present parking area to the west of the existing structure. Concerns were expressed regarding eliminating the parking area. Member Graham moved to call the question. The motion was duly seconded and upon the vote being taken: members Weible, Jewell, Magidson, Moss, Tobin, Bickerstaffe, Simmons, Johnson, Graham, Register, Saliga, Ebersole and Little voted "Aye"; member Mazur voted "Nay" Motion carried. Upon the vote being taken on the motion: members Weible, Register, Jewell, Moss, Graham and Tobin voted "Aye"; members Simmons, Little, Bickerstaffe, Magidson, Mazur, Ebersole, Saliga and Johnson voted "Nay". Motion failed. Member Little moved that the Commission be encouraged to negotiate with the Florida Gulf Coast Arts Center to locate their facility on the Maas Brothers property, that this be done on a long term lease with a buy back provision for a price of not less than $1.5 million with considerations for the closure of Drew Street, the opening of the vista on the south side of the building, that there be a joint use auditorium that has the ability to seat 500 people in a banquet activity, that the facility include a public restaurant with a prominent view of the water of sufficient size to qualify for a beer and wine license and there be a retail shop of a minimum of 2,000 square feet and that consideration of the cutting of the corner of Cleveland and Osceola also be included. The motion was duly seconded. Concerns were expressed regarding the provision for the buy back and indicated that the way in which it was worded was somewhat confusing as to whether or not it was a minimum purchase price by the Gulf Coast Arts Center of $1.5 million or that the City could buy it back for $1.5 million. Discussion ensued regarding the need to address the control issue for the City. Member Weible left the meeting at 6:05 p.m. Mr. Little amended his motion to delete the portion regarding requiring a lease with a buy back and to insert that the City maintain control of the property, the control to be in such a way that only the Gulf Coast Arts Center can use the property and it only has the right to possess the premises for the purpose of operating an arts center. The seconder accepted the amendment. Mr. Little further amended his motion to include that consideration to use a portion of the site as a transportation hub be included. The seconder accepted the amendment. Discussion ensued regarding the need to indicate minimum spaces for the additional facilities. A concern was again expressed regarding not using the existing structure until such time as redevelopment in other areas of Clearwater has taken place. Further discussion ensued regarding the specificity in the motion regarding sizes of the additional facilities. A representative of the arts center indicated that all these things are negotiable. Concerns were expressed that members were going to need to leave the meeting as it was getting late and they had other committments. Member Register moved to call the question. The motion was duly seconded and upon the vote being taken: Members Johnson, Ebersole, Saliga, Register, Bickerstaffe, Moss, Simmons, Little, Magidson and Tobin voted "Aye"; members Mazur, Graham and Jewell voted "Nay". Motion carried. It was requested the City Clerk read back the motion. The City Clerk read back the motion as follows: The Commission be encouraged to enter into negotiations with the Florida Gulf Coast Arts Center to locate their facility on the Maas Brothers property, with the City maintaining control of the property, the control to be in such a way that only the arts center can use the property and the arts center only has the right to possess the premises for the purposes of operations of the arts center with consideration being given for the closure of the north-south section of Drew Street, the opening of the vista on the south side of the building, a joint use auditorium that would seat a minimum of 500 people in a banquet activity, to include a restaurant with a prominent view of the water that is of sufficient size to qualify for a beer and wine license, that there be a retail shop of a minimum of 2,000 square feet, that the corner of Cleveland and Osceola be cut and the site include a transportation hub. Upon the vote being taken: members Little, Register, Simmons, Jewell, Moss and Tobin voted "Aye"; members Bickerstaffe, Magidson, Mazur, Graham, Ebersole, Saliga and Johnson voted "Nay". Motion failed. Members Tobin and Register left the meeting at 6:25 p.m. The meeting recessed from 6:25 p.m. to 6:35 p.m. Discussion ensued regarding members needing to leave and that there would be no final decision made today. Discussion ensued regarding whether or not there was a need to set a special meeting. A concern was expressed that a member would like to make a motion and it was indicated that too many members were leaving in order to take a viable vote. Consensus of the Task Force was to set a meeting for Wednesday, May 27th at 3:00 p.m. and to start the scheduled meeting of May 28th at 3:00 p.m. The meeting adjourned at 6:40 p.m.