:
RULES
COMMITTEE AGENDA
Tuesday June 20,
2017 |
Tape
No.________________________ |
1:00 PM |
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Council Chambers 1st
Floor, City Hall |
Carol Owens, Chief
of Legislative Services |
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Garrett Dennis,
Chair |
Legislative
Assistant: Staci Lopez |
John Crescimbeni,
Vice Chair |
Deputy General
Counsel: Peggy Sidman |
Greg Anderson |
Asst. Auditor:
Heather Reber |
Danny Becton |
Research Asst.:
Colleen Hampsey |
Tommy Hazouri |
Administration: Jordan
Elsbury |
Jim Love |
Asst. Auditor: Kim
Taylor |
Scott Wilson |
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Regular Committee Meeting
Meeting Convened: 1:05
PM
Meeting Adjourned: 3:22
PM
The Committee shall consider matters
relating to confirmation of nominations by the Council, Mayor and Sheriff;
rules; laws; executive communications; resolutions; memorials; calendar;
agenda; charter revision; governmental reorganization; City Council and School
Board redistricting; elections; courts; consumer affairs; "J-Bills"
and legislation before the Florida Legislature; service quality improvement and
public satisfaction with government services; advanced communication and
technology use and "e-government"; Boards and Commission structures
and all related subjects .and all unclassified subjects
If a person decides to appeal any decision made by the Council with respect to any matter considered at such meeting, such person will need a record of the proceedings, and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Special Committee Meeting topic:
Attendance:
Please see last page.
Item/File No. |
Title/History |
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ORD
Renaming Robinson Ave to "Harry Frisch Way"; Waive var Subsecs of
745.105 (Changing Names of Public Sts by Ord; Honorary St Designations by
Ord): (e)(2) re Persons who Honorary St Designation may be named after;
(e)(5) re Requiremt that 90% of all Propty Owners on that Segment Consent to
Renaming; (e)(3) Requiremt that the Person Reside within TEU
PH Pursuant to Chapt 745 Ord Code - 9/6/16, 9/19/16, 10/3/16, 10/17/16,
10/31/16, 11/14/16, 12/5/16, 1/3/17, 1/17/17, 2/6/17, 2/21/17, 3/7/17,
3/20/17, 4/3/17, 4/17/17, 5/1/17, 5/15/17, 6/5/17 Public
Hearing Pursuant to Chapt |
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1.
8/9/2016 CO Introduced: TEU,R |
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8/15/2016 TEU Read 2nd & Rerefer |
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8/16/2016 R Read 2nd & Rerefer |
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2.
8/23/2016 CO PH Read 2nd & Rereferred; TEU, R |
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Bill Summary TEU: Defer DEFER At
request of CM Dennis |
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ORD
Auth the Compensation & Benefits Div of the Employee Svcs Dept to Offer
the Option to Enroll in the UF Health Plan to City Employees or Retirees
Covered under the City's Group Health Plan on 3/31/17, any New City Employees
first Eligible to Participate in the City's Employee Benefit Progs On or
After 4/1/17, & any Retirees covered under any City Group Health Plan who
Retire On or After 4/1/17; Auth Mayor to Negotiate, Execute & Deliver a
3rd Party Admin Svcs Contract with Integra Administrative Group, Inc to
Administer the UF Health Plan; Invoking the Exemption in 126.107(g), Ord
Code; Waiving Sec 116.1406(a) (Procuremt of Plan Administrator), Ord Code, to
allow City to Enter into a 3rd Party Admin Svcs Contract with Integra;
Designate Oversight by the Compensation & Benefits Div; Request 1-Cycle
Emerg Apv. (Hodges) (Req of Mayor) (Co-Sponsored by CM's Schellenberg, Gulliford
& Crescimbeni) Public
Hearing Pursuant to Chapt |
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1.
1/10/2017 CO Introduced: PHS,R,F |
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1/18/2017 R Read 2nd & Rerefer; 1/18/2017 PHS Read 2nd & Rerefer |
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1/19/2017 F Read 2nd & Rerefer |
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2.
1/24/2017 CO PH Read 2nd & Rereferred; PHS, R, F Bill Summary Fact Sheet TEU: Defer DEFER At
request of the Administration |
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3. 2017-348
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ORD-MC
Amend Sec 106.108 (Future Pension Benefits & Pension Funding), Chapt 106
(Budget & Acctg Code), Ord Code, to add New Subsec (D) to add a Budgetary
Requiremt for an Addnl Pension Reduction Pymt. (Sidman) (Introduced by CM
Becton) Public
Hearing Pursuant to Chapt |
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1.
5/9/2017 CO Introduced: F |
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5/17/2017 F Read 2nd & Rerefer |
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2.
5/23/2017 CO PH Read 2nd & Rereferred; F |
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6/7/2017 F Approve 3.
6/13/2017 REREFERRED: F,R DEFER At the
request of CM Becton |
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ORD-MC
Setting a Public Referendum; Amend City Charter, Chapter 92-341, Laws of Fla,
as Amended, to Repeal the 2-Term Limit Provisions of Sections 5.041 (The
Council - Limitation of Term of Ofc), 8.04 (Sheriff - 2 Term Limit), 9.04
(Supv of Elections - 2-Term Limit), 10.04 (Propty Appraiser - 2-Term Limit),
11.04 (Tax Collector - 2-Term Limit), 12.11 (Clerk of Courts - 2-Term Limit
& 13.5 (Duval County School Bd - 2-Term Limit); Provide for Referendum
Apv of this Ord; Provide for Financial Impact Statemt to be Developed &
Placed on the Ballot; Directing Supv of Elections to place Referendum Question
on 2018 Primary Election Ballot on 8/28/18. (Sidman) (Introduced by CM
Schellenberg) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: R,F |
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6/6/2017 R Read 2nd & Rerefer |
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6/7/2017 F Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; R, F |
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Bill Summary SUB/RE-REFER
7-0 At
request of CM Schellenberg |
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5. 2017-384 |
ORD-MC
Repealing & Creating a New Sec 51.103 (Membership; Terms), Chapt 51
(Jax Children's Comm), Ord Code, to Clarify the Liaison Positions are Not Bd
Member Positions. (Sidman) (R) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: R |
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6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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ORD-MC
Amend Sec 60.101 (Commission Established), Chapt 60 (Human Rights Comm),
Ord Code, to Reduce Number of Comm Members from 20 to 11. (Sidman) (R) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: R,NCIS |
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6/5/2017 NCIS Read 2nd & Rerefer |
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6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; R, NCIS |
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Bill Summary NCIS: Amend/App AMEND/APPROVE
7-0 Attach
a chart showing the filled and vacant seats and the staggering of terms to be
reflective of the reduction of members |
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7. 2017-386 |
ORD-MC
Repealing Sec 90.101 (Bd of Library Trustees), Ord Code & Creating New
Sec 90.101 (Establishmt; Composition; Member Qualifications; Terms; Annual Training
Requiremt; Responsibilities), to Clarify the Liaison Positions are not Bd
Member Positions. (Sidman) (R) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: R |
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6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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ORD
Approp $99,000 from Old Kings Rd Landfill Mitigation Fund to provide
Marietta Athletic Assn with funds to Construct a
Restroom/Concession/Storage/Pavilion Facility & for Sewer Connection
Costs for Same at Thomas Jefferson Park; Designate Oversight by Parks, Rec
& Community Svcs Dept & Disbursemt of Funds upon Invoices &
Accounting/Reverter of any Unspent Funds; Invoke Exception of 126.107(G)
(Exemptions), Chapt 126 (Procuremt Code), Ord Code, for Professional Svcs of
Holton Construction, Inc. (Johnston) (Introduced by CM Carter) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: NCIS,R,F |
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6/5/2017 NCIS Read 2nd & Rerefer |
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6/6/2017 R Read 2nd & Rerefer |
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6/7/2017 F Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; NCIS, R, F |
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Bill Summary NCIS: Amend/App AMEND/APPROVE
7-0 1.
Authorize Mayor to execute an amendment to license agreement with Marietta
Athletic Association subject to OGC approval for project, invoking of
procurement exception for contractor, and inserting maximum indebtedness 2. Pg.
2, line 8 remove extra “is” |
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ORD
Approp $60,000 from Spec Council Contingency to Jax Children's Comm to
fund I'm a Star Prog at Certain Middle & High Schools at Beaches &
Westside Areas; Auth a Svcs Contract with I'm a Star Foundation, Inc to
operate its Prog at said Schools; Invoke Exception of 126.107(g) (Exemptions),
Chapt 126 (Procuremt Code), for Direct Contract with said Foundation and its
Prog; Designate Oversight by Jax Children's Comm. (Sidman) (Introduced by
CM Gulliford) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: NCIS,R,F |
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6/5/2017 NCIS Read 2nd & Rerefer |
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6/6/2017 R Read 2nd & Rerefer |
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6/7/2017 F Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; NCIS, R, F |
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Bill Summary NCIS: Amend/App DEFER At the Request of CM Gulliford |
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ORD-MC
Creating New Chapt 54 (Tree Commission), Ord Code, to Estab a Tree Comm to
Study & Make Recommendations to the Council re Planting of Trees &
the Health of the City's Tree Canopy. (Teal) (Req of Mayor) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: R,LUZ,NCIS |
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6/5/2017 NCIS Read 2nd & Rerefer |
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6/6/2017 LUZ Read 2nd & Rerefer; 6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; R, LUZ, NCIS |
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Bill Summary Fact Sheet NCIS: Defer DEFER To
travel with 2017-395,
396 & 398 |
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ORD
Approp $4,000,000 from Downtown Historic Preservation & Revitalization
Trust Fund for Renovation of the Barnett Bank Building; Making Findings &
Auth (1) Redev Agreemt among City, DIA, Barnett Tower, LLC (Barnett
Developer), & Laura Trio, LLC (Trio Developer); (2) Lease Agreemt with
BLT Parking, LLC (Landlord); (3) Parking Sublease Agreemt bet City &
Landlord as Tenant; (4) Quitclaim Deed Conveying City Owned Parcel of Land to
Barnett Developer; & (5) Related Agreemts as Described in Redev Agreemt
for Renovation of Barnett Bank Bldg & Constrn of a Parking Garage
(Barnett Proj) & Renovation of the Marble Bank Building, Bisbee Building
& Florida Life Building & Related Improvemts (Trio Proj), all in
Northbank Down CRA; Auth & Approp a Downtown Historic Preservation &
Revitalization Trust Fund Grant of $4,000,000 to Barnett Developer; Auth a
Downtown Historic Preservation & Revitalization Trust Fund Grant of
$4,000,000 to the Trio Developer, to be Appropriated by Subsequent
Legislation; Auth a REV Grant of $1,800,000 for Trio Proj; Waive the Downtown
Historic Preservation & Revitalization Trust Fund Guidelines of
2002-395-E to Auth Grants in Excess of $1,000,000 for said Projs; Waive Chapt
122 (Public Propty), Part 4 (Real Propty), Subpart C (Community Redev Real
Propty Dispositions), to Auth Sale of City Owned Real Propty without
Appraisal to Barnett Developer at Les than Fair Market Value; Designate DIA
as Contract Monitor for the Redev Agreemt & Related Agreemts; Designate
Oversight of the Proj by the Public Works Dept; Provide Deadline for the
Developer to Execute Agreemts; Waiver of Public Investmt Policy for Trio
Developer to Rcv a REV Grant that requires it be in a Targeted Industry
Category, must Create at least 10 New Full-Time Jobs & that the Wages be
Greater than or Equal to 100% of Florida's Average Wage, & that Limits
Funding from said Trust Fund to a Max of $1,000,000 per Proj. (BT 17-110)
(Sawyer) (Req of Mayor) Public
Hearing Pursuant to Chapt |
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1.
5/23/2017 CO Introduced: NCIS,R,F |
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6/5/2017 NCIS Read 2nd & Rerefer |
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6/6/2017 R Read 2nd & Rerefer |
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6/7/2017 F Read 2nd & Rerefer |
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2.
6/13/2017 CO PH Read 2nd & Rereferred; NCIS, R, F |
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Bill Summary Fact Sheet NCIS: Amend/App AMEND/APPROVE
7-0 See Auditor’s Handout on pages 9-11 |
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RESO
Conf Appt of Mary Bland Love as Member of |
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1.
5/23/2017 CO Introduced: R |
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6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO Read 2nd & Rereferred; R |
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Bill Summary DEFER At Request of Ethics Director |
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13. 2017-408 |
RESO
Conf Appt of Aaron Garvey to the Art in Public Places Comm as an Art
Professionals Rep, Replacing Wesley Laine (Grissom) Gibbon for a Partial Term
exp 12/31/17 & a 1st Full Term exp 12/31/20. (Sidman) (Req of Mayor) |
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1.
5/23/2017 CO Introduced: R |
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6/6/2017 R Read 2nd & Rerefer |
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2.
6/13/2017 CO Read 2nd & Rereferred; R |
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Bill Summary Fact Sheet APPROVE 7-0 |
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14. 2017-411 |
ORD
Supplementing Ord 2006-888-E
Auth the Issuance of City's Spec Rev Bonds of $165,000,000 of Net Proj Funds
for Acquisition & Constrn of certain Capital Equipmt & Improvemts;
This Ord shall Constitute a Contract bet Issuer & Bondholders; Auth
Acquisition of Debt Svc Rsv Funds Products with Respect to such Bonds if Necessary;
Auth Acquisition of Credit Facilities with Respect to such Bonds if
Necessary; Waiving Sec 104.211 (Procedure for Sale of Bonds), Ord Code, to
allow Sale of said Bonds on a Limited Competitive Basis, as a Negotiated Sale
or as a Private Placemt. (Petrie) (Req of Mayor) Public
Hearing Pursuant to Chapt |
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1.
6/13/2017 CO Introduced: R,F |
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Bill Summary Fact Sheet READ 2nd AND REREFER |
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16 2017-426 |
ORD-MC
Amend Part 8 (Public Svc Grants), Chapt 118 (City Grants), Secs 118.804
(Priority Populations or Needs) & 118.806 (Application Requiremts), Ord
Code, to Prohibit Certain Communications during Grant Appl Period; Request
1-Cycle Emerg Apv. (Hodges) (Introduced by CM Morgan) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: NCIS,R,F |
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Bill Summary NCIS: Emerg/Amend/App EMERGENCY/AMEND/APPROVE
7-0 1. Add
to title of bill the deletion of application restriction for orgs. that
provide priority population recommendations 2.
Clarify that other pertinent City employees are any other City employees
processing the grant applications 3. Pg.
2, line 19 add “year” after fiscal |
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ORD
Approp $1,467,289 from Gen Fund/Gen Svc Dist Fund Balance to fund a
6-month Opioid Epidemic Pilot Prog with River Region Human Services, Inc;
Auth Funds Carryover to FY 2017-2018; Apv Scope of Svcs; Auth Agreemts &
Documents to Implement the Prog, Sub to Review & Apv of Gen Counsel &
Risk Mgmt Div; Designate Oversight by JFRD; Invoke Exception of 126.107(g)
(Exemptions), Chapt 126 (Procuremt Code), Ord Code, for Direct Contract for
Prog & Mgmt Svcs with River Region; Request 1-Cycle Emerg Apv. ( Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: PHS,R,F |
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Bill Summary PHS: Emerg/Amend/App EMERGENCY/AMEND/APPROVE
7-0 Attach
revised BT to correct Council District |
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ORD
Auth Grant of Easemt with Southbank Apartment Ventures, LLC (Grantor) for
Easemts on the Southbank to the City to Expand Existing Riverwalk from 8' to
20' & Provide a Pedestrian Pathway Connecting the Riverwalk to Prudential
Dr; Designate Oversight by Parks, Rec & Community Svcs Dept; Request
1-Cycle Emerg Apv. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: NCIS,R,F |
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Bill Summary Fact Sheet NCIS: Emerg/Amend/App EMERGENCY/AMEND/APPROVE
7-0 Attach
Exhibit 1 (DIA Board Resolution) |
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18. 2017-434 |
ORD
Auth an Air Rights Easemt Agreemt granting HP-BDG 200 Riverside an Easemt
to allow for Balcony Encroachmts within the Airspace of Magnolia St, Jackson
St & Riverside Ave; Designate Oversight by Planning & Dev Dept;
Request 1-Cycle Emerg Apv. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: R,F |
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Bill Summary Fact Sheet EMERGENCY/APPROVE
7-0 |
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19. 2017-437 |
RESO
Conf Appt of Teala Milton-Johnson to the Civil Service Bd, Replacing William
Hiers for 1st Full Term exp 6/30/20. (Brooks) (Req of JEA) |
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1.
6/13/2017 CO Introduced: R |
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Bill Summary READ 2nd AND REREFER |
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20. 2017-438 |
RESO
Honoring & Commemorating the Life of JSO Officer Michael Bernard
Johnson on the Occasion of his Untimely Passing. (Clements) (Introduced
by CM R. Brown, K. Brown & Newby & Co-Sponsored by C/M R. Gaffney) |
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1.
6/13/2017 CO Introduced: R |
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Bill Summary APPROVE 7-0 |
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ORD-MC
Amend Sec 350.112 (Election Canvassing Bd), Ord Code, to Authorize Duval
County Canvassing Bd (DCCB) to Canvass Municipal Officer Elections for the
2nd, 3rd, 4th & 5th Urban Svcs Dists; Auth DCCB to Canvass the 2017 &
2019 Atlantic Beach Municipal Officer Elections. (Teal) (Introduced by CM
Gulliford) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: R |
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Bill Summary EMERGENCY/AMEND/APPROVE
7-0 Add
emergency language |
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22. 2017-440 |
ORD
Approp $91,431.93 from Gen Fund/Gen Svc Dist Fund Balance to JEA for Addnl
Street Lighting on North Campus Blvd; Designate Oversight by Public Works
Dept; Request 1-Cycle Emerg Apv. (Sidman) (Introduced by CM K. Brown) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: TEU,PHS,R,F |
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Bill Summary TEU: Withdraw PHS: Withdraw WITHDRAW 7-0 |
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23. 2017-441 |
RESO
Conf Appt of Garrett Dennis as 1st Term Member to Assn of Counties for a term
Concurrent with the CM's 1st Term. (Sidman) (Introduced by CP Boyer &
CP-Designate Brosche) |
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1.
6/13/2017 CO Introduced: R |
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Bill Summary READ 2nd AND REREFER |
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24. 2017-442 |
ORD
Approp $200,000 from Gen Fund/Gen Svc Dist Fund Balance to the Parks, Rec
& Community Svcs Dept for Addnl Swim Lessons ($125,000), Transportation
to Swim Lessons ($50,000) & Education ($25,000); Request 1-Cycle Emerg
Apv. (Sidman) (Introduced by CM Dennis) Public
Hearing Pursuant to Chapt |
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1. 6/13/2017 CO Introduced: NCIS,R,F |
Bill Summary NCIS: Emerg/App
EMERGENCY/AMEND/APPROVE 6-1 (Hazouri)
1. Change funding source mentioned in the bill
2. Attach a revised BT to change funding source
Attendance:
Council President
Lori Boyer (2017-403,
2017-433)
Councilmember Bill
Gulliford (2017-426, 2017-393,
2017-439)
Councilmember Joyce
Morgan (2017-424)
Councilmember Doyle
Carter (2017-387)
Mike Weinstein, Director
– Finance and Administration (2017-387, 2017-403,
2017-442)
Aundra Wallace, CEO –
Downtown Investment Authority (2017-403, 2017-433)
John Sawyer, Attorney
IV – Office of General Counsel (2017-403, 2017-433)
Steve Diebenow,
Attorney (2017-403,
2017-433, 2017-434)
Lawsikia Hodges,
Attorney IV – Office of General Counsel (2017-424)
Dr. Raymond Pomm, MD
(2017-426)
David Castleman,
Chief of Rescue – Fire and Rescue (2017-426)
Guy Parola,
Operations Manager – Downtown Investment Authority (2017-433)
Brenna Durden,
Attorney (2017-439)
Mayor Mitch Reeves of
*****NOTE: Other
items may be added at the discretion of the Chair******
Council Auditor’s Office
Bill 2017-403
Summary of Terms:
The estimated cost
of the development is $90,000,000. The total obligation of the City for the
development projects ($9,800,000) and parking garage lease ($13,200,000) will
be $23,000,000, plus the cost of operating and maintaining the parking garage.
The developer will
have a 10 year historic tax exemption on the Barnett and Trio Projects
The Maximum
Indebtedness of the City for the Development Agreement is $9,800,000.
1. Barnett
Project (Barnett Improvements and Parking Garage Improvements):
o Barnett
Developer will apply for a $4,000,000 Historic Preservation Trust Fund Grant
(HPTF Grant).
o The
City is obligated to disburse the initial $2,000,000 to Barnett Developer upon
Substantial Completion of the Barnett Project.
o The
final $2,000,000 is conditioned upon the Substantial Completion of the Trio
Project
2. Trio
Project:
o The
Trio Developer will also apply for a $4,000,000 HPTF Grant
o The
City is obligated to pay the $4,000,000 upon Substantial Completion of the Trio
Project and the Barnett Project
3. Trio
REV Grant applied to the new construction of the hotel portion:
o Not
to exceed amount of $1,800,000
o For
50% of the Annual Projected Revenues for 20 years
Purchase and
1. Barnett
Developer will purchase the Garage Parcel from the City for $943,403
2. The
Barnett Developer will construct a 550 space parking facility
3. The
City will enter into a 20 year Lease Agreement
o City
will lease 300 spaces from Barnett Developer
o City’s
obligation under the lease agreement is a monthly amount of $55,000 or $660,000
per year.
o The
total amount paid out during the 20 year lease would be $13,200,000
o The
lease does include a Purchase Option if developer defaults
4. The
City will enter into a 20 year Sublease Agreement with BLT Parking, LLC. BLT
Parking, LLC will lease a total of 250 spaces and pay the City as follows:
o 100
spaces leased for 20 years for $120,000 a year ($2,400,000 for the entire term
of the lease)
o 150
spaces leased for 18 years for $200,000 a year ($3,600,000 for the entire term
of the lease)
o The
City will receive a total of $6,000,000 for the entire term of the lease
AMENDMENTS:
On the bill:
1. Include
reference to Code Section 111.910 which is the Downtown Historic Preservation
and Revitalization Trust Fund
2. Add
in the title of the bill the $660,000 per year paid to the developer for
parking and include a whereas clause on the parking lease terms
3. Remove
duplicate language of “and appropriating” on page 1, line 31 and page 2, line
1.
4. On
page 3 correct whereas clause to include purchase of Garage Parcel by Barnett
Developer in the amount of $943,403
5. On
page 4, line 27 capitalize BID
6. Correct
spelling of Barnett on page 6, line 13
7. On
page 9, line 1 correct ordinance number should be 2002-395-E
8. Correct
reference on page 10
9. Add
a waiver of Section 91.113(a) to waive the Policy referenced within the
section, which will increase the term to bring the property in compliance from
2 years to 5 years and allow for an increase in the upfront payment amount from
$4,000 to $10,000
Exhibit 1:
1. Attach
Revised Exhibit 1 (DIA Board Resolution) to include Exhibit A (Term Sheet)
Exhibit 2:
1. Attach
Executed and Revised BT to correct account information and project numbers
Redevelopment Agreement:
Place Revised
Development Agreement On File for the following:
1. Technical
Amendments to correct section referencing and scriveners
2. In
Section 2.13 include a provision that Barnett Developer can increase the number
of spaces by an additional 28 spaces but anything above that will require prior
consent of the DIA Board
3. In
Section 4.1 remove the required commencement date from Barnett Project
Performance Schedule. Developer will still have to notify DIA when construction
commences and still has to complete construction within 24 months of Effective
Date
4. Clarify
in Section 5.1 that Barnett Developer will now purchase the Garage Parcel for
$943,403, instead of the property being conveyed to the developer for $1
5. Include
in part of the Conditions to Closing (Section 5.2) that Barnett Developer and
DIA will work together to determine the “minimum operating standards” for the
parking garage
6. Remove
reverter language for Garage Parcel and include a parking use restrictive
covenant in Section 5.3(e)(i) and revise Exhibit G to also include the
restrictive covenant
7. Clarify
in Sections 6.1 and 7.1 that the Developers may apply for the Historic
Preservation Section for a grant instead of insinuating that they have already
applied
8. Include
Final Year of REV grant to be
9. In
Section 9.1 require a disclosure document showing all persons having a
beneficial interest in real property
10. Include
a revised Exhibit D to remove total acre site of 1.03 for the Garage Project
11. Include
revised Parking Garage Lease Agreement (Exhibit K) to include technical
amendments, a purchase option, memorandum of lease and purchase option, require
a letter of credit in the amount of $900,000 for 3 years and a guaranty
12. Include
revised Sublease Parking Agreement (Exhibit L) which increases parking fee for
the 150 spaces to $200,000 from $180,000 per year, adds a provision that does
not allow the developer to charge a rate below the City’s current standard
rate, includes the rules and regulations and makes technical amendments
13. Since
there is currently a lien on the Trio property a new Exhibit O (Settlement
Agreement) will need to be attached to the agreement. The lien is a result of
fines imposed by the Municipal Code Enforcement Board/Special Magistrate.
a. The
Settlement Agreement will provide the developer 5 years to bring the property
into compliance
b. At
time of execution of the Settlement Agreement the property owner will pay an
upfront amount of $10,000
c. Once
improvements are substantially completed the City will deliver to the property
owner a release or satisfaction of the Municipal Code Enforcement Board order
recorded against the property